H.R. 7900 Text - Placed on Calendar Senate - 117th Congress (2021-2022)

SEC. 733. Demonstration project on infant and early childhood mental health services for children of members of the Armed Forces.

(a) Assessment of availability of services.—The Secretary of Defense shall conduct an assessment of the availability at military installations (and in the surrounding communities) of covered services at the Federal, State, and local level for covered children, for the purpose of ensuring access to such services for covered children with infant and early childhood mental health needs. Such assessment shall address, at a minimum, the following:

(1) The availability of covered services that advance social and emotional development for covered children, including any relevant certification or endorsement programs for professionals serving as infant and early childhood mental health consultants for military child development centers.

(2) The availability of adequate diagnostic and non-medical intervention covered services for covered children.

(3) The availability of supplemental covered services for covered children, such as consultation services provided by licensed professionals who are appropriately certified or endorsed in infant and early childhood mental health, as determined by the Secretary.

(4) The ease of access to adequate covered educational or treatment services for covered children, as appropriate, such as the average duration of time spent on waiting lists prior to receiving such services.

(b) Review of best practices.—In developing the assessment under subsection (a), the Secretary of Defense shall conduct a review of best practices across the United States for the provision of covered services to covered children. Such review shall include an assessment of any covered services of the Federal or State government available in each State, with an emphasis on the availability in locations where members of the Armed Forces with children reside.

(1) PROJECTS AUTHORIZED.—The Secretary of Defense may conduct one or more demonstration projects under this subsection to test and evaluate various approaches to the provision of covered services to covered children, for the purposes of determining the efficacy of such approaches, reducing incidents of behavioral issues among those with infant and early childhood mental health needs, ensuring the early identification of such needs that may require non-medical intervention, and such other related purposes as may be determined appropriate by the Secretary.

(2) PARTICIPANTS.—The Secretary may select for participation in the study—

(A) members of the Armed Forces with covered children who elect to so participate; and

(B) military child development centers that are located on or near military installations or that otherwise provide services to covered children.

(3) PERSONNEL.—In carrying out a demonstration project under this subsection, the Secretary of Defense may assign personnel who hold a covered degree that the Secretary determines appropriate for the provision of covered services to act as consultants for the provision of such services to covered children who are participants in the demonstration project. Under such demonstration project, such assigned personnel may—

(A) develop and monitor promotion and prevention, and non-medical intervention, plans for such participants;

(B) provide appropriate training in the provision of covered services to such participants;

(C) provide non-medical counseling services to such participants, and any members of the Armed Forces who are the caregivers of such participants, as appropriate;

(D) coordinate and collaborate with other relevant service providers on the military installation or in the surrounding community regarding covered services; and

(E) become endorsed, or work towards becoming endorsed, by an organization that provides licensing or professional certifications recognized by the Federal or State government for infant and early childhood mental health professionals.

(4) INFANT AND EARLY CHILDHOOD MENTAL HEALTH CONSULTATIONS.—

(A) CURRICULUM.—As an activity under the demonstration project, the Secretary of Defense may authorize the development of a comprehensive professional development curriculum for use in training non-medical counselors in infant and early childhood mental health consultation services, so that such counselors may serve as infant early childhood mental health consultants for covered children who are participants in the demonstration project.

(B) COMPETENCY GUIDELINES.—The curriculum under subparagraph (A) shall be based on a set of competency guidelines that are—

(i) designed to enhance culturally sensitive, relationship-focused practice within the framework of infant and early childhood mental health; and

(ii) recognized by an organization specified in paragraph (3)(E) for the purposes of certification or endorsement as a infant and early childhood mental health practitioner.

(5) CONTRACT AUTHORITY.—

(A) AUTHORITY.—The Secretary of Defense may enter into a contract, or multiple contracts, for the conduct of any demonstration project under this subsection.

(B) REQUIREMENT FOR SUPERVISORY-LEVEL PROVIDERS.—As a term of any contract that is entered into pursuant to subparagraph (A) for the implementation of special educational and behavioral intervention plans for covered children who are participants in the demonstration project, the Secretary shall require that any such plan be developed, reviewed, and maintained by supervisory-level providers approved by the Secretary.

(i) Minimum required criteria for the education, training, and experience of any contractor furnishing covered services pursuant to a contract under subparagraph (A).

(ii) Requirements for the supervision and oversight of contractors who are infant and early childhood mental health consultants, including requirements for relevant credentials for such consultants and the frequency and intensity of such supervision.

(iii) Such other requirements as the Secretary considers appropriate to ensure the safety and protection of covered children who are participants in the demonstration project.

(6) DEADLINE TO COMMENCE; MINIMUM PERIOD.—For each demonstration project conducted under this subsection—

(A) the Secretary shall commence the demonstration project not later than 180 days after the date of the enactment of this Act; and

(B) the demonstration project shall be conducted for a period of not less than two years.

(7) EVALUATION.—

(A) REQUIREMENT.—The Secretary of Defense shall conduct an evaluation of the outcomes of each demonstration project conducted under this subsection, to determine the efficacy of covered services provided under the demonstration project.

(B) MATTERS.— Each evaluation under subparagraph (A) shall include, with respect to the relevant demonstration project, an assessment of the extent to which activities under the demonstration project contributed to the following:

(i) Positive outcomes for covered children.

(ii) Improvements to the services and continuity of care for covered children.

(iii) Improvements to military family readiness and enhanced military retention.

(d) Reports on demonstration projects.—Not later than two years and 180 days after the date of the commencement of a demonstration project under subsection (c), the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the demonstration project. Such report shall include the following:

(1) A description of the demonstration project.

(2) The results of the evaluation under subsection (c)(7) with respect to the demonstration project.

(3) A description of plans for the future provision of covered services, in accordance with the model or approach evaluated pursuant to the demonstration project.

(e) Relationship to other benefits.—Nothing in this section shall be construed as precluding a member of the Armed Forces, or a dependent of such a member, from eligibility for benefits under chapter 55 of title 10, United States Code, to which such member or dependent would otherwise be eligible.

(f) Definitions.—In this section:

(1) The term “child” has the meaning given that term in section 1072 of title 10, United States Code.

(2) The term “covered child” means the infant, toddler, or young child (from birth to age five, inclusive) of a member of the Armed Forces.

(3) The term “covered degree” means a postsecondary degree that—

(A) is awarded by an institution of higher of education eligible to participate in programs under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and

(B) is in the field of mental health, human development, social work, or a related field, as determined by the Secretary of Defense.

(4) The term “covered educational or treatment service”—

(A) means a service, including a supportive service, that provides quality early childhood education by promoting healthy social and emotional development and providing support for children experiencing mental health challenges; and

(B) includes the conduct of assessments, coaching for educators and parents, and referrals to health care professionals with specialties in infant and early childhood mental health for diagnosis, therapeutic treatment, and early intervention.

(5) The term “covered service” means a covered educational and treatment service or any other medical or non-medical service, including consultation services, relating to the improvement of infant and early childhood mental health in the context of family, community, and culture.

(6) The term “infant and early childhood mental health” means the developing capacity of an infant, toddler, or young child (from birth to age five, inclusive), to—

(A) form close and secure adult and peer relationships;

(B) experience, manage, and express a full range of emotions; and

SEC. 734. 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.—Each commander (or director, as applicable) of a military medical treatment facility shall issue a waiver for a fee that would otherwise be charged under the procedures implemented under subsection (a) to a civilian provided medical care at the facility 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 respective commander or director.”; and

(2) by redesignating subsection (c) as subsection (d).

(b) Modified payment plan for certain civilians.—

(1) IN GENERAL.—Such section is further amended—

(A) 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, for any services not covered by such covered payer, copays, coinsurance, deductibles, or nominal fees.

“(B) (i) The Secretary of Defense may bill only the covered payer for care provided to a civilian described in subparagraph (A).

“(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 Secretary of Defense shall reduce each fee that would otherwise be charged to the civilian under this section according to a sliding fee discount program.

“(3) If a civilian specified in subsection (a) does not meet the criteria under paragraph (1) or (2), the Secretary of Defense shall implement an additional catastrophic waiver to prevent 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

(B) by adding at the end the following new subsection:

“(e) Definitions.—In this section:

“(1) The term ‘covered payer’ means a third-party payer or other insurance, medical service, or health plan.

“(2) The terms ‘third-party payer’ and ‘insurance, medical service, or health plan’ have the meaning given those terms in section 1095(h) of this title.”.

(c) Applicability.—The amendments made by subsections (a) and (b) shall apply with respect to care provided on or after the date that is 180 days after the date of the enactment of this Act.

SEC. 735. Improvements to military medical treatment facilities and other facilities under military health system.

(a) Study.—The Secretary of Defense shall conduct a study on any deficiencies of, and necessary improvements to, military medical treatment facilities and other covered facilities, to ensure the design, construction, and maintenance of such facilities are in compliance with each covered code, specification, and standard. Such study shall include an identification of any necessary updates to the Unified Facilities Criteria relating to military construction planning and design with respect to such facilities, to ensure such compliance.

(b) Reports.—

(1) FIRST 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 on the findings of the study under subsection (a). Such report shall include—

(A) for each covered facility, a description of any deficiencies identified pursuant to such study; and

(B) the plans of the Secretary, including costs and timelines, to address such deficiencies through the rehabilitation, repair, or retrofit of the facility, as applicable.

(2) ANNUAL REPORTS.—Not later than one year after the date on which the report under paragraph (1) is submitted, and on an annual basis thereafter until the date on which the Secretary determines all covered facilities are in compliance with each covered code, specification, and standard, the Secretary shall submit to the congressional defense committees a report on the progress made toward addressing any deficiency of a covered facility and maintaining covered facilities, to ensure such compliance.

(1) The term “covered code, specification, and standard”—

(A) means the latest published edition of any code, specification, or standard that incorporates the latest hazard-resistant and energy-efficient designs, establishes minimum acceptable criteria for design, construction, or maintenance, and is at least as stringent as the previously published edition; and

(B) includes the following (or the latest published edition thereof that is at least as stringent as the previously published edition):

(i) The 2021 International Energy Conservation Code.

(ii) The ASHRAE Standard 90.1.

(iii) The ASHRAE Standard 170.

(iv) The ASHRAE Standard 189.3.

(v) The American Society of Civil Engineers Minimum Design Loads for Buildings and Other Structures (ASCE Standard ASCE 7).

(vi) The International Wildland-Urban Interface Code.

(vii) Executive Order 13690 of January 30, 2015 (80 Fed. Reg. 6425) (relating to a Federal Flood Risk Management Standard for critical facilities).

(2) The term “covered facility” means any Department of Defense-owned facility used for activities under the military health system, including military medical treatment facilities, military ambulatory care and occupational health facilities, and defense health research facilities.

SEC. 736. 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. 737. Affiliates Sharing Pilot Program.

Section 5318(g)(8)(B)(iii) of title 31, United States Code, is amended by striking “3 years after the date of enactment of this paragraph” and inserting “3 years after the date that the Secretary of the Treasury issues rules pursuant to subparagraph (A)”.

SEC. 738. Housing first report.

(a) In general.—The Secretary of Housing and Urban Development shall, not later than 180 days after the date of the enactment of this section, submit to the Financial Services Committee of the House of Representatives and the Banking, Housing and Urban Affairs Committee of the Senate, a report about the effectiveness and success of housing first policies in addressing homelessness by connecting homeless individuals with housing and voluntary services.

(b) Contents.—The report required under subsection (a) shall include findings made by the Secretary of Housing and Urban Development with respect to the barriers that people experiencing homelessness face when attempting to secure permanent housing.

(c) Housing first policy defined.—In this section, the term “housing first policy” means a policy that prohibits conditioning the provision of housing assistance for an individual or family on—

(1) individual or family participation in supportive services, such as counseling, job training, or addiction treatment, for such individual or family; or

(2) such individuals or family meeting certain prerequisites, including employment, sobriety, or lack of drug use.

SEC. 741. GAO study on coverage of mental health disorders under TRICARE program and relationship to certain mental health parity laws.

(a) Study and report required.—Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall—

(1) conduct a study to identify and assess the similarities and differences with respect to coverage of mental health disorders under the TRICARE program and 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) Matters.—The report under subsection (a) shall include the following:

(1) A description of any overlaps or gaps between coverage requirements under the TRICARE program and under the mental health parity laws, with respect to treatment for the continuum of mental health disorders (including substance use disorder).

(2) An identification of any existing or anticipated effects of any such overlaps or gaps on access to care by TRICARE beneficiaries.

(3) An identification of denial rates under the TRICARE program for requests by TRICARE beneficiaries for coverage of mental or behavioral health care services, and the overturn rates of appeals for such requests, disaggregated by type of health care service.

(4) A list of each mental or behavioral health care provider type that is not an authorized provider type under the TRICARE program.

(5) An identification of any anticipated effects of modifying coverage requirements under the TRICARE program to bring such requirements into conformity with mental health parity laws, including an assessment of the following:

(A) Potential costs to the Department of Defense, the Department of Homeland Security (with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy), and TRICARE beneficiaries as a result of such modification.

(B) The adequacy of the TRICARE program network to support such modification.

(D) Such other matters as may be determined appropriate by the Comptroller General.

(c) Briefing.—Not later than 90 days after the date on which the Secretaries receives the report submitted under subsection (a), the Secretaries shall provide to the congressional defense committees a briefing on any statutory changes the Secretaries determine necessary to close gaps in the coverage of mental health disorders under the TRICARE program, including any such gaps identified in the report, to bring such coverage into conformity with requirements under mental health parity laws.

(d) 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);

(D) any other Federal law that applies the requirements under any of the sections described in subparagraph (A), (B), or (C), or requirements that are substantially similar to those provided under any such section, as determined by the Comptroller General.

(2) The term “TRICARE program” has the meaning given such term in section 1072 of title 10, United States Code.

SEC. 742. Feasibility study on establishment of new command on defense health.

(a) Study.—The Secretary of Defense shall conduct a feasibility study regarding the establishment of a new defense health command under which the Defense Health Agency would be a joint component. In conducting such study, the Secretary shall consider for the new command each of the following potential structures:

(1) A unified combatant command.

(2) A specified combatant command.

(3) Any other defense health command structure the Secretary determines appropriate.

(b) Matters.—The study under subsection (a) shall include, with respect to the new command specified in such subsection, the following:

(1) An assessment of the organizational structure required to establish the new command with the following responsibilities and duties:

(A) The conduct of health operations among operational units of the Armed Forces.

(B) The administration of military medical treatment facilities.

(D) Serving as the element of the Armed Forces with the primary responsibility for the following:

(i) Medical treatment, advanced trauma management, emergency surgery, and resuscitative care.

(ii) Emergency and specialty surgery, intensive care, medical specialty care, and related services.

(iii) Preventive, acute, restorative, curative, rehabilitative, and convalescent care.

(E) 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, including with respect to the care services specified in subparagraph (D)(iii).

(F) The conduct of existing research and education activities of the Department of Defense in the filed of health sciences.

(G) The conduct of public health and global health activities not otherwise assigned to the Armed Forces.

(H) The administration of the Defense Health Program Account under section 1100 of title 10, United States Code.

(2) A description of the potential reporting relationship between the commander of the new command, the Assistant Secretary of Defense for Health Affairs, and the Under Secretary of Defense for Personnel and Readiness.

(3) A description of the roles of the Surgeons General of the Army, Navy and Air Force, with respect to the commander of the new command.

(4) A description of the additional legislative authorities, if any, necessary to establish the new command.

(1) provide to the Committees of Armed Services of the House of Representatives and the Senate briefing on the results of the study under subsection (a); and

(2) submit to the Committees of Armed Services of the House of Representatives and the Senate briefing and report on the results of such study.

SEC. 743. Study and awareness initiative regarding use of qualified alternative therapies to treat certain members of the Armed Forces on terminal leave.

(a) Study.—The Secretary of Defense shall conduct a study on the use of qualified alternative therapies as alternative therapies to prescription opioids in the treatment of members of the Armed Forces on terminal leave preceding separation, retirement, or release from active duty.

(b) Participants.—The Secretary shall select participants in the study under subsection (a) from among members of the Armed Forces on terminal leave—

(1) who have been diagnosed with post traumatic stress disorder, a traumatic brain injury, or any other condition involving severe pain, as determined by the Secretary for purposes of this section;

(2) who but for such participation, would be prescribed opioid medications in connection with the treatment of such condition; and

(3) who elect to participate in the study (including in the post-study monitoring under subsection (c)).

(c) Post-study monitoring.—Following the conclusion of the study under subsection (a), the Secretary shall monitor the effects of such study on the health of former participants by conducting assessments of such former participants, and shall submit to the congressional defense committees reports on the results of such monitoring, at the following intervals:

(1) One year after the date of such conclusion.

(2) Three years after the date of such conclusion.

(d) Effect on other benefits.—The eligibility or entitlement of a member of the Armed Forces to any other benefit under the laws administered by the Secretary shall not be affected by the participation of the member in the study under this section (including by participation in the post-study monitoring under subsection (c)).

(e) Report.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report on the findings of the study under subsection (a). Such report shall include—

(1) a description of any such findings relating to the benefits or other effects of using a qualified alternative therapy as an alternative to prescription opioids under the study; and

(2) any recommendations of the Secretary based on such findings.

(f) Education initiative.—The Secretary shall carry out an education initiative regarding the use of a qualified alternative therapy for the treatment of the conditions referred to in subsection (b)(1). In carrying out such initiative, the Secretary shall take into consideration—

(1) to the extent practicable, the findings of the study under subsection (a);

(2) the specific vulnerability to opioid abuse and substance abuse disorder of individuals transitioning from serving on active duty in the Armed Forces; and

(3) best practices for reducing the stigmatization of qualified alternative therapies.

(g) Definitions.—In this section:

(1) The terms “active duty” and “Armed Forces” have the meaning given those terms in section 101 of title 10, United States Code.

(2) The term “appropriate congressional committees” means—

(A) the congressional defense committees;

(B) the Committee on Energy and Commerce of the House of Representatives; and

(3) The term “qualified alternative therapy” means—

(A) medicinal cannabis;

(B) methylenedioxymethamphetamine (commonly referred to as MDMA); and

SEC. 744. Report on composition of medical personnel of each military department and related matters.

(a) Report.—Not later than 180 days after the date of the enactment of this Act, and annually thereafter for five 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) Matters.—The report under subsection (a) shall include the following:

(1) With respect to each military department, the following:

(A) An identification of the total number of medical personnel of the military department.

(B) An identification of the number of such medical personnel who are officers in a grade above O–6.

(D) An identification of the number of such medical personnel who are enlisted members.

(E) An assessment of potential issues relating to the composition of such medical personnel.

(F) 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.

(G) 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 advisability of establishing within the Department of the Air Force, by not later than five years after the date of the enactment of this Act, a position of the Medical Officer of the Space Force with the responsibilities of advising the Chief of Space Operations on all matters relating to health care for members of the Space Force and serving as the expert on such matters in working with the heads of other Federal departments and agencies on related issues.

(3) An assessment of the necessity of maintaining 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) Disaggregation of certain data.—The data specified in subparagraphs (A) through (D) of subsection (b)(1) shall be presented as a total number and disaggregated by each medical component of the respective military department.

(d) Inclusion of certain demographic data.—The data specified in subparagraphs (A) through (D) of subsection (b)(1) shall include a description and analysis of the demographic information of the medical personnel covered by each such subparagraph, including with respect to the following:

(1) Race (presented in the aggregate and disaggregated by the same major race categories as are used in the decennial census of population and housing conducted by the Director of the Census Bureau).

(2) Ethnicity.

(3) Gender identity.

(e) Considerations in assessing certain Space Force matter.—In conducting the assessment pursuant to subsection (b)(2), the Secretary of Defense shall take into consideration the tasks, operations, and specific health care considerations that accompany the space warfighting mission of the Space Force.

(f) Definitions.—In this section:

(1) The term “covered position” means a position for an officer in a grade above O–6.

(2) The terms “enlisted member” and “officer” have the meanings given those terms 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

(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. 745. 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) is amended to read as follows:

“(A) BRIEFING; REPORT.—The Comptroller General shall submit to the Committees on Armed Services of the House of Representatives and the Senate—

“(i) 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, not later than December 27, 2022; and

“(ii) a report on such analyses not later than May 31, 2023.”.

SEC. 746. Report on feasability of certain licensing models for Department of Defense-owned vaccines and other medical interventions relating to COVID–19.

(a) Report.—The Secretary of Defense shall submit to the congressional defense committees a report on the feasibility of a licensing model under which, with respect to Department of Defense-owned vaccines or other medical interventions relating to COVID–19 that are approved, licensed, or otherwise authorized for use in accordance with applicable law, the Secretary would grant to Government-owned contractor-operated manufacturers nonexclusive licenses to manufacture such vaccines or other interventions.

(b) Matters.—The report under subsection (a) shall include an evaluation of the estimated differences in the pricing of, and equitable access to, the vaccines and other interventions specified in such subsection, that may arise as a result of—

(1) the Secretary granting exclusive licenses to manufacture such vaccines and other interventions, as compared with nonexclusive licenses; and

(2) the Secretary granting either such license to Government-owned contractor-operated manufacturers, as compared with other manufacturers.

SEC. 747. Study on the impact of military trauma and intimate partner violence on maternal health outcomes.

(a) Study.—The Secretary of Defense shall carry out a study on the impact of military trauma and intimate partner violence on maternal health outcomes, with a focus on racial and ethnic backgrounds.

(b) Report.—The Secretary of Defense shall issue a report to the Congress containing all findings and determinations made in carrying out the study required under subsection (a).

SEC. 748. Report on coverage of behavioral and mental health crisis services under TRICARE program.

(a) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the scope of coverage under the TRICARE program of inpatient and outpatient behavioral and mental health crisis services.

(b) Matters.—The report under subsection (a) shall include, with respect to the period beginning on January 1, 2019, and ending on December 31, 2021, an identification of the following:

(1) The total amount of funds expended under the TRICARE program on behavioral and mental health crisis services, disaggregated by the site at which the service was furnished.

(2) The total amount of funds expended under such program for other services furnished to individuals in behavioral or mental health crisis.

(3) The provider types that billed for the services specified in paragraphs (1) and (2).

(1) The term “crisis services” means the services identified as such in the document of the Substance Abuse and Mental Health Service Administration published in 2020, titled “National Guidelines for Behavioral Health Crisis Care: Best Practice Toolkit”.

(2) The term “TRICARE program” has the meaning given that term in section 1072 of title 10, United States Code.

SEC. 749. Report on mental health provider readiness designations.

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall update the registry and provider lists under subsection (b) of section 717 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 868; 10 U.S.C. 1073 note) and submit to the congressional defense committees a report containing—

(1) the number of providers that have received a mental health provider readiness designation under such section 717, disaggregated by geographic region and provider specialty; and

(2) recommendations to incentivize, or otherwise increase the number of, providers with such designation.

SEC. 750. Study on provider training gaps with respect to screening and treatment of maternal mental health conditions.

(a) Study.—The Secretary of Defense, acting through the Assistant Secretary of Defense for Health Affairs, shall conduct a study to identify gaps in the training of covered providers with respect to the screening and treatment of maternal mental health conditions. Such study shall include—

(1) an assessment of the level of experience of covered providers with, and the attitudes of such providers regarding, the treatment of pregnant and postpartum women with mental or substance use disorders; and

(2) recommendations for the training of covered providers, taking into account any training gaps identified pursuant to the study.

(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 House of Representatives and the Senate a report containing the findings of the study under section (a).

(1) The term “covered provider” means a maternal health care provider or behavioral health provider furnishing services under the military health system (including under the TRICARE program).

(2) The term “TRICARE program” has the meaning given that term in section 1072 of title 10, United States Code.

SEC. 751. Report on mental health conditions and metabolic disease among certain members of Armed Forces.

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall conduct a study, and submit to Congress a report, on the rate of incidence of the simultaneous presence among members of the Armed Forces serving on active duty of a metabolic disease and a mental health condition (including post traumatic stress disorder, depression, and anxiety) or substance use disorder.

SEC. 752. Study on accessability of mental health providers and services for active duty members of the Armed Forces.

(a) Study.—The Secretary of Defense shall conduct a study on the accessibility of mental health care providers and services for members of the Armed Forces serving on active duty, including an assessment of—

(1) the accessibility of mental health care providers on military installations;

(2) the accessibility of inpatient services for mental health care for such members; and

(3) steps that may be taken to improve such accessibility.

(b) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing the findings of the study under subsection (a).

SEC. 753. Health-related behaviors survey and report.

(a) Survey.—The Director of the Defense Health Agency shall conduct a health-related behaviors survey among the members of the Armed Forces.

(b) Report.—Not later than one year after the date of the enactment of this Act, the Director of the Defense Health Agency shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing the results of the survey under subsection (a).

SEC. 754. Report on Coordination, Data Sharing, and Evaluation Efforts for Suicide Prevention.

Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of Health and Human Services and the Secretary of Veterans Affairs, shall submit to each congressional committee with jurisdiction over the Department of Defense, the Department of Veterans Affairs, and the Department of Health and Human Services, a report on the coordination, data sharing, and evaluation efforts on suicide prevention across these departments. The report shall include:

(1) An overview of the functioning and core findings of the Interagency Task Force on Military and Veterans Mental Health since its creation in 2012.

(2) An accounting of the funding each Department has obligated towards suicide prevention related research.

(3) An outline of methods of comparing programs and sharing best practices for suicide prevention by each Department.

(4) An outline of the work to actively develop and improve joint suicide prevention practices based on information compiled and shared by each Department.

(5) An outline of the plan each Department has to achieve greater government efficiency and cross-agency coordination, data sharing, and evaluation in Federal suicide prevention efforts, in line with Priority Goal 5 of the plan entitled, “Reducing Military and Veteran Suicide”, published by the White House in November 2021.

(6) Any other information the Secretary of Defense, Secretary of Health and Human Services, or the Secretary of Veterans Affairs determines to be appropriate.

SEC. 755. GAO study on DOD and VA mammogram and breast cancer screening policies.

(a) Study.—The Comptroller General of the United States shall conduct a review, beginning not later than 90 days after the date of the enactment of this Act, to examine and determine whether current Department of Defense and Department of Veterans Affairs policies allow individuals with dense breast, regardless of age, with no-cost or low-cost access through their health programs to all the screening and diagnostic tools needed to confirm breast cancer, including when standard mammograms are inconclusive or ineffective in doing so.

(b) Contents.—The study conducted pursuant to subsection (a) shall—

(1) examine the utilization of existing screening and diagnosis tools by participants in health programs administered by the Department of Defense and Department of Veterans Affairs, disaggregated by demographic characteristics;

(2) identify and examine barriers to greater access to such tools in each such agency, including whether cost prevents individuals from receiving additional breast cancer diagnostic or screening exams that may confirm the presence of breast cancer;

(3) make recommendations on how each such agency can improve policies to best address the unique challenges identifying breast cancer in those with dense breasts;

(4) analyze how well such agencies’ policies regarding breast cancer screening and diagnoses for those with dense breast align with coverage under other Federal health care programs such as Medicaid, Medicare, coverage on the Affordable Care Act health care marketplace, and the recommendations of the United States Preventive Services Task Force;

(5) identify the most recent time that relevant policies were updated by each such agency and how often they are currently reviewed or updated;

(6) analyze how well existing policies reflect or include the best available science on helping women with dense breast receive accurate diagnosis regarding the presence or absence of cancer; and

(7) identify any efforts by each such agency to educate health care providers who provide cancer screening, treatment, or diagnosis services and patients receiving such services on the limitations of mammograms in confirming breast cancer for those with dense breasts.

(c) Consultation.—In conducting the study pursuant to subsection (a), the Comptroller General may consult with breast cancer patients or their advocates receiving care through the health care systems of the Department of Defense and Department of Veterans Affairs, health care providers supporting breast cancer care or organizations representing such providers, other Federal agencies, and other stakeholders, as appropriate.

(d) Study.—Not later than September 30, 2024, the Comptroller General shall submit to the Congress a report on the study conducted pursuant to subsection (a) containing a description of the study and any findings and conclusions of the study.

SEC. 756. Study and report on rate of cancer-related morbidity and mortality.

(a) In general.—The Secretary of Defense shall conduct, or enter into a contract with an appropriate federally funded research and development center to conduct, a study to assess whether individuals (including individuals on active duty or in a reserve component or the National Guard) assigned to the Pease Air Force Base and Pease Air National Guard Base for a significant period of time during the period of 1970 through 2020 experience a higher-than-expected rate of cancer-related morbidity and mortality as a result of time on base or exposures associated with time on base compared to the rate of cancer-related morbidity and mortality of the general population of the United States, accounting for differences in sex, age, and race.

(b) Completion; report.—Not later than 1 year after the date of enactment of this Act, the Secretary of Defense shall provide for—

(1) the completion of the study under subsection (a); and

(2) the submission of a report on the results of the study to the Committees on Armed Services of the Senate and House of Representatives.

(c) Definition.—In this section, the term “significant period of time” shall be defined by the Secretary of Defense or by the entity conducting the study under subsection (a), as the Secretary determines appropriate.

SEC. 757. GAO study on access to Exceptional Family Member program and Extended Care Health Option program by members of reserve components.

(a) Study and report.—Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall—

(1) conduct a study to determine the barriers to members of the reserve components accessing the Extended Care Health Option program and the Exceptional Family Member program of the Department of Defense; and

(2) submit to the Secretary of Defense and the congressional defense committees a report containing the findings of such study.

(b) Elements.—The report under subsection (a)(2) shall include the following:

(1) A description of the methodology used by the Department of Defense to disseminate information regarding the eligibility of members of the reserve components for the Extended Care Health Option program and the Exceptional Family Member program upon such members commencing the performance of Active Guard and Reserve duty.

(2) An identification of the timeline of the enrollment process for members of the reserve components in such programs and any effects of delayed enrollment, such as exclusion from benefits or resources.

(3) An identification of impediments to enrollment in such programs among such members, including an assessment of the following:

(A) The availability of resources under such programs, including specialist providers under the Exceptional Family Member program, at the time of enrollment in such programs.

(B) The availability of support under such programs at facilities of the reserve components.

(4) With respect to the Exceptional Family Member program—

(A) an identification of the number of families with a family member eligible to enroll in such program, disaggregated by whether the member of the reserve component in such family is performing Active Guard and Reserve duty;

(B) an assessment of the effects of navigating the process of enrollment in such program on the mission to which the member is assigned while performing Active Guard and Reserve duty; and

(C) an identification of the number of specialist providers and staff who support reserve component members through such program.

(5) Recommendations on improving the dissemination of information regarding the eligibility of members of the reserve components for the Extended Care Health Option program and the Exceptional Family Member program.

(6) Recommendations on improvements to such programs with respect to the reserve components.

(c) Active Guard and Reserve defined.—The term “Active Guard and Reserve” has the meaning given such term in section 101(b) of title 10, United States Code.

SEC. 758. Kyle Mullen Naval safety enhancements.

The Secretary of Defense, or his designee to Naval Special Warfare Command, shall conduct an appraisal of and provide recommended policies for improved medical care and oversight of individuals in the Navy engaged in high-stress training environments, in an effort to ensure sailor safety and prevent related long-term injury, illness, and death. The Secretary of the Navy shall ensure that such recommended polices are implemented to the full extent practicable and in a timely manner.

SEC. 759. Report on operational and physical and mental health effects of low recruitment and retention to Armed Forces.

The Secretary of Defense shall submit to the congressional defense committees a report on the current operational tempo resulting from low recruitment to and retention in the Armed Forces and the resulting effects on the physical and mental health of members of the Armed Forces.

SEC. 759A. Report on maternal mortality rates of female members of the Armed Forces.

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 on how maternal mortality rates may disproportionately affect female members of the Armed Forces (as compared with female civilians). Such report shall include an identification of any relevant barriers to the access of health care for such female members and any recommendations by the Secretary to improve such access and reduce such rates.

SEC. 759B. Report on Defense Health Agency contracts.

Not later than February 1, 2023, the Director of the Defense Health Agency shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report that includes, with respect to fiscal years 2020, 2021, and 2022—

(1) the total number of contracts awarded by the Defense Health Agency during each such fiscal year; and

(2) the number and percent of such contracts for each such fiscal year that were—

(A) protested and the protest was upheld;

(B) standard professional services contracts;

(D) in the case of the contracts described in subparagraph (C), exceeded $5 million in total value; and

(E) awarded to the following:

(i) Businesses eligible to enter into a contract under section 8(a) of the Small Business Act (15 U.S.C. 637(a)).

(ii) Qualified HUBZone small business concerns.

(iii) Small business concerns owned and controlled by service-disabled veterans.

(iv) Small business concerns owned and controlled by women (as defined in section 8(m)(1) of the Small Business Act (15 U.S.C. 637(m)(1)).

SEC. 761. Inclusion of exposure to perfluoroalkyl and polyfluoroalkyl substances as component of periodic health assessments.

(a) Periodic health assessment.—Each Secretary concerned shall ensure that any periodic health assessment provided to a member of the Armed Forces includes an evaluation of whether the member has been—

(1) based or stationed at a military installation identified by the Secretary concerned as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the military installation; or

(2) exposed to such substances, including by evaluating any information in the health record of the member.

(b) Separation history and physical examinations.—Section 1145(a)(5) of title 10, United States Code is amended by adding at the end the following new subparagraph:

“(D) The Secretary concerned shall ensure that each physical examination of a member under subparagraph (A) includes an assessment of whether the member was—

“(i) based or stationed at a military installation identified by the Secretary concerned as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the military installation; or

“(ii) exposed to such substances, including by assessing any information in the health record of the member.”.

(c) Deployment assessments.—Section 1074f(b)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph:

“(E) An assessment of whether the member was—

“(ii) exposed to such substances, including by assessing any information in the health record of the member.”

(d) Provision of blood testing to determine exposure to perfluoroalkyl substances or polyfluoroalkyl substances.—

(1) PROVISION OF BLOOD TESTING.—

(A) IN GENERAL.—If a covered evaluation of a member of the Armed Forces results in a positive determination of potential exposure to perfluoroalkyl substances or polyfluoroalkyl substances, the Secretary concerned shall provide to that member, during the covered evaluation, blood testing to determine and document potential exposure to such substances.

(B) INCLUSION IN HEALTH RECORD.—The results of blood testing of a member of the Armed Forces conducted under subparagraph (A) shall be included in the health record of the member.

(2) ANALYSIS OF BLOOD TESTING RESULTS.—

(A) 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, consistent with Department of Defense Instruction 6055.05 (or such successor instruction), to track and analyze, including through the identification and analysis of trends, the results of blood testing results provided pursuant to the paragraph (1) or under section 707 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1441; 10 U.S.C. 1074m note).

(B) ANNUAL REPORTS.—Not later than two years after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing a summary of the results of blood testing provided pursuant to paragraph (1), at a Department of Defense-wide level.

(e) Definitions.—In this section:

(1) The term “covered evaluation” means—

(A) a periodic health assessment conducted in accordance with subsection (a);

(B) a separation history and physical examination conducted under section 1145(a)(5) of title 10, United States Code, as amended by subsection (b); or

(2) The term “Secretary concerned” has the meaning given such term in section 101 of title 10, United States Code.

SEC. 762. Mandatory training on health effects of perfluoroalkyl or polyfluoroalkyl substances.

The Secretary of Defense shall provide to each medical provider of the Department of Defense mandatory training with respect to the potential health effects of perfluoroalkyl or polyfluoroalkyl substances.

SEC. 763. Non-medical counseling services for military families.

Section 1781 of title 10, United States Code, is amended by adding at the end the following new subsections:

“(d) Non-medical counseling services.— (1) In carrying out the duties of the Office under subsection (b), the Director of Military Family Readiness Policy may coordinate programs and activities for the provision of non-medical counseling services to military families through the Military and Family Counseling Program.

“(2) Notwithstanding any law regarding the licensure or certification of mental health professionals, a mental health professional described in paragraph (3) may provide non-medical counseling services through the Military and Family Counseling Program at any location in a State, the District of Columbia, or a Commonwealth, territory or possession of the United States, without regard to where the provider or recipient of such services is located or the mode of the delivery of such services, if the provision of such services is within the scope of the authorized Federal duties of the professional.

“(3) A mental health professional described in this paragraph is an individual who is—

“(A) a mental health professional who holds a current license or certification that is—

“(i) issued by a State, the District of Columbia, or a Commonwealth, territory, or possession of the United States; and

“(ii) recognized by the Secretary of Defense;

“(B) a member of the uniformed services, a civilian employee of the Department of Defense, or a contractor designated by the Secretary of Defense; and

“(C) performing authorized duties for the Department of Defense under a program or as part of an activity referred to in paragraph (1).

“(e) Definitions.—In this section:

“(1) The term ‘Military and Family Counseling Program’ means the Military and Family Counseling Program of the Department of Defense, or any successor program.

“(2) The term ‘non-medical counseling services’ means mental health care services that—

“(A) are non-clinical, short-term, and solution-focused; and

“(B) address topics related to personal growth, development, and positive functioning.”.

SEC. 764. Clarifications relating to analysis of Department of Defense Comprehensive Autism Demonstration Program by National Academies.

(a) Clarifications.—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), by inserting “broadly” after “disorder”;

(B) in subparagraph (C), by inserting “parental involvement in applied behavior analysis treatment, and” after “including”;

“(D) A review of the health outcomes, including mental health outcomes, for individuals who have received applied behavioral analysis treatments over time.”;

(D) in subparagraph (E), by inserting “, since the inception of such program,” after “demonstration program”;

(E) in subparagraph (F), by striking “effectiveness” and inserting “cost effectiveness, program effectiveness, and clinical effectiveness”;

(F) in subparagraph (G), by inserting “than in the general population” after “military families”;

(G) by redesignating subparagraph (H) as subparagraph (I); and

(H) by inserting after subparagraph (G), as amended by subparagraph (F) of this paragraph, the following new subparagraph:

“(H) An analysis on whether the diagnosis and treatment of autism is more prevalent among the children of military families than in the general population.”; and

(2) in subsection (c), by striking “nine months” and inserting “two years and seven months”.

(b) Technical and conforming amendment.—Such section is further amended by striking “demonstration project” each place it appears and inserting “demonstration program”.

SEC. 765. Clarification of eligibility for membership to independent suicide prevention and response review committee.

Section 738(b)(3) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1801) is amended by inserting “, unless the individual is a retired member of the Armed Forces or a former civilian employee of the Department, or the individual is hired for the purpose of serving on such committee” after “Department of Defense”.

SEC. 766. Improvement to Wounded Warrior Service Dog Program.

Section 745 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (134 Stat. 3710; Public Law 10 U.S.C. 1071 note) is amended—

(1) by redesignating subsection (b) as subsection (c); and

(2) by inserting after subsection (a) the following new subsection:

“(b) Grants.—

“(1) IN GENERAL.—In carrying out the Wounded Warrior Service Dog Program, the Secretary of Defense may award grants to nonprofit organizations to provide assistance dogs under such program.

“(2) APPLICATIONS.—An applicant for a grant under paragraph (1) shall submit an application at such time, in such manner, and containing such information as the Secretary determines.

“(3) SELECTION.—The Secretary shall select nonprofit organizations that submit applications for the award of grants under the Wounded Warrior Service Dog Program using a competitive process.

“(4) CONSIDERATIONS FOR GRANT AMOUNT.—In determining the amount of a grant to award to a nonprofit organization selected under paragraph (3), the Secretary shall consider the following:

“(A) The merits of the application submitted by the nonprofit organization.

“(B) Whether, and to what extent, there is demand by covered members or covered veterans for assistance dogs provided by the nonprofit organization.

“(C) The capacity and capability of the nonprofit organization to raise and train assistance dogs to meet such demand.

“(D) Such other factors as the Secretary may determine appropriate.

“(5) LIMITATION ON GRANT AMOUNTS.—The amount of a grant awarded to a nonprofit organization selected under paragraph (3) may not exceed $2,000,000.”.

SEC. 767. Improvements relating to behavioral health care available under military health system.

(a) Expansion of certain behavioral health programs at the Uniformed Services University of the Health Sciences.—

(1) ESTABLISHMENT OF GRADUATE PROGRAMS.—The Secretary of Defense shall establish graduate degree-granting programs in counseling and social work at the Uniformed Services University of the Health Sciences.

(2) EXPANSION OF CLINICAL PSYCHOLOGY GRADUATE PROGRAM.—The Secretary of Defense shall take such steps as may be necessary to expand the clinical psychology graduate program of the Uniformed Services University of the Health Sciences.

(3) POST-AWARD EMPLOYMENT OBLIGATION.—

(A) AGREEMENT WITH SECRETARY.—Subject to subparagraph (B), as a condition of enrolling in a degree-granting program in clinical psychology, social work, or counseling at the Uniformed Services University of the Health Sciences, a civilian student shall enter into an agreement with the Secretary of Defense pursuant to which the student agrees that, if the student does not become a member of a uniformed service upon graduating such program, the student shall 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 student was enrolled in such program.

(B) OTHER TERMS AND CONDITIONS.—An agreement entered into pursuant to subparagraph (A) may include such other terms and conditions as the Secretary of Defense may determine necessary to protect the interests of the United States or otherwise appropriate for purposes of this section, including terms and conditions providing for limited exceptions from the employment obligation specified in such subparagraph.

(C) REPAYMENT.—A civilian graduate who does not complete the employment obligation required under the agreement entered into pursuant to subparagraph (A) shall repay to the Secretary of Defense a prorated portion of the student’s costs of attendance in the program described in such paragraph. The amount of such prorated portion shall be determined by the Secretary.

(D) APPLICABILITY.—This subsection shall apply to civilian students who enroll in the first year of a degree-granting program in clinical psychology, social work, or counseling at the Uniformed Services University of the Health Sciences on or after the date of the enactment of this Act.

(4) IMPLEMENTATION PLAN.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a plan for the implementation of this subsection. Such plan shall include—

(A) a determination as to the resources for personnel and facilities required for such implementation;

(B) estimated timelines for such implementation; and

(C) a projection of the number of graduates from the programs specified in paragraph (1) upon the completion of such implementation.

(b) Scholarship-for-service program for civilian behavioral health providers.—

(1) IN GENERAL.—Beginning not later than two years after the date of the enactment of this Act, the Secretary of Defense shall carry out a program under which—

(A) the Secretary may provide—

(i) direct grants to cover tuition, fees, living expenses, and other costs of attendance at an institution of higher education to an individual enrolled in a program of study leading to a graduate degree in clinical psychology, social work, counseling, or a related field (as determined by the Secretary); and

(ii) student loan repayment assistance to a credentialed behavioral health provider who has a graduate degree in clinical psychology, social work, counseling, or a related field (as determined by the Secretary); and

(B) in exchange for such assistance, the recipient shall commit to work as a covered civilian behavioral health provider in accordance with paragraph (2).

(2) POST-AWARD EMPLOYMENT OBLIGATIONS.—

(A) IN GENERAL.—Subject to subparagraph (B), as a condition of receiving assistance under paragraph (1), the recipient of such assistance shall enter into an agreement with the Secretary of Defense pursuant to which the recipient agrees to work on a full-time basis as a covered civilian behavioral health provider for a period of a duration that is at least equivalent to the period during which the recipient received assistance under such paragraph.

(B) OTHER TERMS AND CONDITIONS.—An agreement entered into pursuant to subparagraph (A) may include such other terms and conditions as the Secretary of Defense may determine necessary to protect the interests of the United States or otherwise appropriate for purposes of this section, including terms and conditions providing for limited exceptions from the post-award employment obligation specified in such subparagraph.

(3) REPAYMENT.—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). The amount of such prorated portion shall be determined by the Secretary.

(A) a determination as to the resources required for such implementation;

(B) estimated timelines for such implementation; and

(C) a projection of the number of recipients of assistance under paragraph (1) upon the completion of such implementation.

(1) REPORT.—Not later than 90 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 TRICARE program and submit to the congressional defense committees a report containing the results of such analysis. Such report shall include, with respect to such workforce, the following:

(A) The number of positions authorized for military behavioral health providers within such workforce, and the number of such positions filled, disaggregated by the professions described in paragraph (2).

(B) The number of positions authorized for civilian behavioral health providers within such workforce, and the number of such positions filled, disaggregated by the professions described in paragraph (2).

(C) For each military department, the ratio of military behavioral health providers assigned to military medical treatment facilities compared to civilian behavioral health providers so assigned, disaggregated by the professions described in paragraph (2).

(D) For each military department, the number of military behavioral health providers authorized to be embedded within an operational unit, and the number of such positions filled, disaggregated by the professions described in paragraph (2).

(E) Data on the historical demand for behavioral health services by members of the Armed Forces.

(F) An estimate of the number of health care providers necessary to meet the demand by such members for behavioral health care services under the direct care component of the TRICARE program, 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.

(D) Such other professions as the Secretary may determine appropriate.

(3) BEHAVIORAL WORKFORCE AT REMOTE LOCATIONS.—In conducting the analysis of the behavioral health workforce under paragraph (1), the Secretary of Defense shall ensure such behavioral health workforce at remote locations (including Guam and Hawaii) and any shortfalls thereof, is taken into account.

(d) Plan to address shortfalls in behavioral health workforce.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a plan to address any shortfall of the behavioral health workforce identified under subsection (c)(1)(G). Such plan shall address the following:

(1) With respect to any such shortfall of military behavioral health providers (addressed separately with respect to such providers assigned to military medical treatment facilities and such providers assigned to be embedded within operational units), the recruitment, accession, retention, special pay and other aspects of compensation, workload, role of the Uniformed Services University of the Health Sciences and the Armed Forces Health Professions Scholarship Program under chapter 105 of title 10, United States Code, any additional authorities or resources necessary for the Secretary to increase the number of such providers, and such other considerations as the Secretary may consider appropriate.

(2) With respect to addressing any such shortfall of civilian behavioral health providers, the recruitment, hiring, retention, pay and benefits, workload, educational scholarship programs, any additional authorities or resources necessary for the Secretary to increase the number of such providers, and such other considerations as the Secretary may consider appropriate.

(3) A recommendation as to whether the number of military behavioral health providers in each military department should be increased, and if so, by how many.

(4) A plan to ensure that remote installations are prioritized for the assignment of military behavioral health providers.

(5) Updated access standards for behavioral health care under the military health system, taking into account—

(A) the duration of time between a patient receiving a referral for such care and the patient receiving individualized treatment (following an initial intake assessment) from a behavioral health provider; and

(B) the frequency of regular follow-up appointments subsequent to the first appointment at which a patient receives such individualized treatment.

(6) A plan to expand access to behavioral health care under the military health system using telehealth.

(e) Definitions.—In this section:

(1) The term “behavioral health” includes psychiatry, clinical psychology, social work, counseling, and related fields.

(2) The term “civilian behavioral health provider” means a behavioral health provider who is a civilian employee of the Department of Defense.

(3) The term “cost of attendance” has the meaning given that term in section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll).

(4) The term “counselor” means an individual who holds—

(A) a master’s or doctoral degree from an accredited graduate program in—

(i) marriage and family therapy; or

(ii) clinical mental health counseling; and

(B) a current license or certification from a State that grants the individual the authority to provide counseling services as an independent practitioner in the respective field of the individual.

(5) 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.

(6) 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).

(7) The term “military behavioral health provider” means a behavioral health provider who is a member of the Armed Forces.

(8) The term “military installation” has the meaning given that term in section 2801 of title 10, United States Code.

(9) The term “military medical treatment facility” means a facility specified in section 1073d of such title.

(10) The term “remote installation” means a military installation that the Secretary determines to be in a remote location.

(11) The term “State” means each of the several States, the District of Columbia, and each commonwealth, territory or possession of the United States.

(12) The term “TRICARE program” has the meaning given that term in section 1072 of title 10, United States Code.

SEC. 768. Assignment of behavioral health providers and technicians to aircraft carriers.

(a) Assignment.—Beginning not later than December 31, 2023, the Secretary of the Navy shall ensure there is assigned to each aircraft carrier not fewer than two military behavioral health providers and not fewer than two behavioral health technicians.

(b) Definitions.—In this section:

(1) The term “behavioral health” includes clinical psychology, social work, counseling, and related fields.

(2) The term “behavioral health technician” means an enlisted member of the Armed Forces who is trained to perform clinical activities in support of a licensed behavioral health provider.

(3) The term “military behavioral health provider” means a behavioral health provider who is a member of the Armed Forces.

SEC. 769. Department of Defense internship programs relating to civilian behavioral health providers.

(a) Internship programs for civilian behavioral health.—

(1) ESTABLISHMENT OF PROGRAMS.—The Secretary of Defense shall establish paid pre-doctoral and post-doctoral internship programs for the purpose of training clinical psychologists to work as covered civilian behavioral health providers.

(2) EMPLOYMENT OBLIGATION.—

(A) IN GENERAL.—Subject to subparagraph (B), as a condition of participating in an internship program under paragraph (1), the participant shall enter into an agreement with the Secretary of Defense pursuant to 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.

(3) REPAYMENT.—An individual who participates in an internship program 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 cost of administering such program with respect to such individual and of any payment received by the individual under such program. The amount of such prorated portion shall be determined by the Secretary.

(4) IMPLEMENTATION PLAN.—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 plan for the implementation of this subsection. Such plan shall include an explanation of how the Secretary will adjust the workload and staffing of behavioral health providers in military medical treatment facilities to ensure sufficient capacity to supervise participants in the internship programs under paragraph (1).

(b) 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.

(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 such title.

SEC. 770. 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, beginning upon the accession of a member to the Armed Forces and repeated at regular intervals thereafter, with the goal of detecting any need for cognitive enhancement or restoration resulting from potential brain exposures of the member, 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 development of a resource that would set forth specific criteria used in the awarding of potential grants for research projects relating to the direct correlation of environmental exposures and brain injuries to the brain health of members of the Armed Forces.

(H) The incorporation 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, into 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, to produce more efficient and effective results.

(c) 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 congressional defense committees a report setting forth a strategy and implementation plan of the Department of Defense to achieve the objectives of the Initiative under subsection (b).

(d) 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.

(e) Annual reports.—Not later than January 31, 2024, and annually thereafter until January 31, 2030, the Secretary of Defense shall submit to the congressional defense committees a report on the Initiative that includes the following:

(1) A description of the activities taken under the Initiative and resources expended under the Initiative during the prior fiscal year.

(2) A summary of the progress made during the prior fiscal year with respect to the objectives of the Initiative under subsection (b).

(f) 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. 771. Authority to conduct pilot program relating to monitoring of blast overpressure exposure.

(a) Authority.—The Director of the Defense Health Agency may conduct, as part of the initiative of the Department of Defense known as the “Warfighter Brain Initiative” (or any successor 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.

(b) Locations.—Monitoring activities under a pilot program conducted pursuant to subsection (a) shall be carried out in each training environment that the Director determines poses a risk for blast overpressure exposure.

(c) Documentation and sharing of data.—If the Director conducts a pilot program pursuant to subsection (a), the Director shall—

(1) ensure that any data collected pursuant to such pilot program that is related to the health effects of the blast overpressure exposure of a member of the Armed Forces who participated in the pilot program is documented and maintained by the Secretary of Defense in an electronic health record for the member; and

(2) 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.

SEC. 772. Standardization across Department of Defense of policies relating to service by individuals diagnosed with HBV.

(a) In general.—The Secretary of Defense, in coordination with the Secretaries concerned, shall—

(1) review regulations, establish policies, and issue guidance relating to service by individuals diagnosed with HBV, consistent with the health care standards and clinical guidelines of the Department of Defense; and

(2) identify areas where 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) Awareness, education, and training.—

(1) REVIEWS AND RECOMMENDATIONS.—The Secretary of Defense shall—

(A) conduct a review of the education, training, and resources furnished to members of the Armed Forces regarding the regulations and policies of the Department of Defense that govern the screening, documentation, treatment, management, and practice standards for individuals diagnosed with HBV, including a review of the awareness and understanding of such policies within clinical settings;

(B) conduct a review of the resources and support services furnished to members of the Armed Forces diagnosed with HBV, including any resources containing information on—

(i) the health care options of the member; or

(ii) regulations or policies of the Department relating to such diagnosed members; and

(C) identify recommendations, based on the findings of the reviews conducted under subsections (A) and (B), to improve the awareness and understanding of regulations and policies of the Department for individuals diagnosed with HBV.

(2) PROVISION OF EDUCATION, TRAINING, RESOURCES, AND SUPPORT.—The Secretary of Defense, taking into account the recommendations under paragraph (1)(C), shall provide to members of the Armed Forces—

(A) education, training, and resources to increase awareness and understanding of the regulations and policies of the Department of Defense that govern the screening, documentation, treatment, management, and practice standards for individuals diagnosed with HBV, including in health care settings; and

(B) in the case of members of the Armed Forces diagnosed with HBV, education, resources, and support services regarding the regulations and policies of the Department relating to such diagnosed members, including with respect to enlistments, assignments, deployments, retention standards, and health care services available to such members.

(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. 773. Certification program in provision of mental health services to members of the Armed Forces, veterans, and military families.

(a) In general.—The Secretary of Defense, in consultation with the Secretary of Veterans Affairs and 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, veterans, 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.

(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) Report.—Not later than 180 days after the termination date specified in subsection (d), the Secretary of Defense shall submit to the appropriate congressional committees a report on the results of the curriculum and certification program developed and implemented under this section.

(f) 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 Health, Education, Labor, and Pensions of the Senate.

(2) The term “institution of higher education” has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).

SEC. 774. Pilot program on cryopreservation and storage.

(a) Pilot program.—The Secretary of Defense shall establish a pilot program to provide not more than 1,000 members of the Armed Forces serving on active duty with the opportunity to cryopreserve and store their gametes prior to deployment in support of combat or special operations.

(b) Period.—

(1) IN GENERAL.—The Secretary shall provide for the cryopreservation and storage of gametes of a participating member of the Armed Forces under subsection (a), at no cost to the member, in a facility of the Department of Defense or at a private entity pursuant to an agreement under subsection (d) until the date that is one year after the retirement, separation, or release of the member from the Armed Forces.

(2) CONTINUED CRYOPRESERVATION AND STORAGE.—At the end of the one-year period specified in paragraph (1), the Secretary shall authorize an individual whose gametes were cryopreserved and stored in a facility of the Department as described in such paragraph to select, including pursuant to an advance medical directive or military testamentary instrument completed under subsection (c), one of the following options:

(A) To continue such cryopreservation and storage in such facility with the cost of such cryopreservation and storage borne by the individual.

(B) To transfer the gametes to a private cryopreservation and storage facility selected by the individual.

(C) To authorize the Secretary to dispose of the gametes of the individual not earlier than the date that is 90 days after the end of the one-year period specified in paragraph (1) with respect to the individual.

(c) Advance medical directive and military testamentary instrument.—A member of the Armed Forces who elects to cryopreserve and store their gametes under this section shall complete an advance medical directive described in section 1044c(b) of title 10, United 25 States Code, and a military testamentary instrument described in section 1044d(b) of such title, that explicitly specifies the use of their cryopreserved and stored gametes if such member dies or otherwise loses the capacity to consent to the use of their cryopreserved and stored gametes.

(d) Agreements.—To carry out this section, the Secretary—

(1) may enter into agreements with private entities that provide cryopreservation and storage services for gametes; and

(2) in selecting such private entities with which to enter into agreements, shall (to the maximum extent practicable) select such private entities that offer multi-site storage and fertility testing services prior to cryopreservation.

SEC. 775. Pilot program for participation by members of Selected Reserve in health professions scholarship and financial assistance programs.

(a) Pilot program.—Notwithstanding section 2123 of title 10, United States Code, and in accordance with such regulations as may be prescribed by the Secretary of Defense for the purpose of carrying out this section, each Secretary of a military department shall carry out a pilot program under which that Secretary may modify service obligations for certain individuals under the health professions scholarship and financial assistance program of that military department, to expand participation in such program to such individuals.

(b) Eligibility.—To be eligible for participation in the pilot program under subsection (a), in addition to meeting the eligibility requirements under section 2122 of title 10, United States Code, an individual may not have previously been a member of the health professions scholarship and financial assistance program.

(1) IN GENERAL.—As a condition of participating in the pilot program under subsection (a), an individual eligible under subsection (b) shall enter into an agreement with the Secretary of the military department concerned pursuant to which the individual agrees—

(A) to participate as a member of the health professions scholarship and financial assistance program of that military department;

(B) to complete courses of study and specialized training under such program in a health profession discipline designated by that Secretary as a critically needed wartime discipline; and

(C) upon completion of participation in such program, to satisfy, in lieu of the active duty obligation under section 2123 of title 10, United States Code, a service obligation in the Selected Reserve of the Ready Reserve of that military department for the period described in paragraph (2).

(2) LENGTH OF PERIOD OF SERVICE.—The period described in this paragraph is a period of time of a length determined by the Secretary of the military department concerned, except that such period may not be shorter than a period equal to—

(A) each year of participation in the health professions scholarship and financial assistance program pursuant to paragraph (1)(A) multiplied by two and a half; plus

(B) if such participation was for a period of two years or fewer, an additional two and a half years.

(3) DETAILS OF SERVICE OBLIGATION.—Unless otherwise specified by the Secretary of the military department concerned—

(A) any period of time spent in intern or residency training shall not be creditable in satisfying the service obligation under paragraph (1)(C);

(B) any period of time used to satisfy another military service obligation shall not be creditable in satisfying the service obligation under paragraph (1)(C); and

(4) FAILURE TO COMPLETE.—

(A) ALTERNATIVE OBLIGATIONS.—A participant in the pilot program under subsection (a) who is relieved of the service obligation under paragraph (1)(C) before the completion of that service obligation may be given, with or without the consent of the participant, either of the following alternative obligations, as determined by the Secretary of the military department concerned:

(i) A service obligation in the Selected Reserve of the Ready Reserve of another military department for a period of time not less than the remaining service obligation of the participant.

(ii) Repayment to the Secretary of Defense of a percentage of the total cost incurred by the Secretary under such pilot program on behalf of the member pursuant to the repayment provisions of section 303a(e) or 373 of title 37, United States Code.

(B) CIVILIAN EMPLOYEE ALTERNATIVE.—In addition to the alternative obligations specified in subparagraph (A), if a participant in the pilot program under subsection (a) is relieved of the service obligation under paragraph (1)(C) by reason of the separation of the participant because of a physical disability, the Secretary of the military department concerned may give the participant a service obligation as a civilian employee employed as a health care professional in a facility of the uniformed services for a period of time determined by that Secretary, but not to exceed the remaining service obligation of the participant.

(d) Metrics and evaluations.—The Secretary of Defense shall establish metrics, and carry out evaluations using such metrics, to determine the effectiveness of the pilot program under subsection (a).

(e) Termination.—The authority to carry out the pilot program under subsection (a) shall terminate on October 1, 2027.

(f) Briefings.—Not later than 180 days prior to the date on which the pilot program under subsection (a) terminates, each Secretary of a military department shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the effectiveness of the pilot program.

(g) Definitions.—In this section:

(1) The terms “course of study” and “specialized training” have the meaning given those terms in section 2120 of title 10, United States Code.

(2) The term “health professions scholarship and financial assistance program” has the meaning given the term “program” under such section.

(3) The term “member of the health professions scholarship and financial assistance program” has the meaning given the term “member of the program” under such section.

SEC. 776. Pilot program on ensuring pharmaceutical supply stability.

(a) In general.—Not later than January 1 2024, the Secretary of Defense, acting through the Director of the Defense Logistics Agency, shall establish a pilot program to acquire, manage, and replenish a 180-day supply of at least 30 commonly used generic drugs at risk of shortage under the military health system as a result of a pharmaceutical supply chain disruption, to ensure the stability of such supply.

(b) Military medical treatment facilities.—The Secretary of Defense shall select for participation in the pilot program established under subsection (a) not fewer than five military medical treatment facilities that are—

(1) located in the continental United States; and

(2) at the greatest risk of pharmaceutical supply chain disruption, as determined by the Secretary.

(1) use the systems and processes of the Direct Vendor Delivery System established by section 352 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 2458 note);

(2) include the establishment of a vendor managed inventory approach to pharmaceutical distribution, to acquire, manage, and replenish the vendor-held supply described in subsection (a) to prevent product expiration and shortages; and

(3) ensure guaranteed Department of Defense access to the vendor managed inventory approach specified in paragraph (2).

(d) Termination.—The pilot program established under this section shall terminate on the date that is three years after the date of the enactment of this Act.

(e) Initial report.—Not later than 30 days after the date of the establishment of the pilot program under subsection (a), the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and Senate a report on the design of the pilot program. Such report shall include—

(1) a description of the military medical treatment facilities selected under subsection (b) and the generic drugs selected for the pilot program pursuant to subsection (a);

(2) the plan for the implementation and management of the pilot program; and

(3) key performance indicators to measure the success of the pilot program in ensuring the availability of generic drugs selected for the pilot program pursuant to subsection (a).

(f) Final report.—Not later than 180 days after the termination date under subsection (d), the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and Senate a final report on the results of the pilot program. The report shall include—

(1) measurements of key performance indicators identified in the initial report required under subsection (e);

(2) an analysis of the success of the pilot program in preventing shortages of commonly used generic drugs within the military medical treatment facilities selected under subsection (b); and

(3) recommendations for further expansions of the pilot program, including any legislative or regulatory proposals the Secretary determines would reduce supply chain risk to commonly used generic drugs under the military health system.

(g) Definitions.—In this section:

(1) The term “generic drug” means a drug (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 231)) that is approved pursuant to section 505(j) of such Act (21 U.S.C. 355(j)).

(2) The term “pharmaceutical supply chain disruption” means a disruption described in the report of the Inspector General of the Department of Defense titled “Evaluation of the Department of Defense’s Mitigation of Foreign Suppliers in the Pharmaceutical Supply Chain” (DODIG-2021-126) and published on September 20, 2021.

SEC. 777. Establishment of partnership program between United States and Ukraine for military trauma care and research.

Not later than February 24, 2023, the Secretary of Defense shall seek to enter into a partnership with the appropriate counterpart from the Government of Ukraine for the establishment of a joint program on military trauma care and research. Such program shall consist of the following:

(1) The sharing of relevant lessons learned from the Russo-Ukraine War.

(2) The conduct of relevant joint conferences and exchanges with military medical professionals from Ukraine and the United States.

(3) Collaboration with the armed forces of Ukraine on matters relating to health policy, health administration, and medical supplies and equipment, including through knowledge exchanges.

(4) The conduct of joint research and development on the health effects of new and emerging weapons.

(5) The entrance into agreements with military medical schools of Ukraine for reciprocal education programs under which students at the Uniformed Services University of the Health Sciences receive specialized military medical instruction at the such military medical schools of Ukraine and military medical personnel of Ukraine receive specialized military medical instruction at the Uniformed Services University of the Health Sciences, pursuant to section 2114(f) of title 10, United States Code.

(6) The provision of support to Ukraine for the purpose of facilitating the establishment in Ukraine of a program substantially similar to the Wounded Warrior Program in the United States.

(7) The provision of training to the armed forces of Ukraine in the following areas:

(A) Health matters relating to chemical, biological, radiological, nuclear and explosive weapons.

(B) Preventive medicine and infectious disease.

(D) Suicide prevention.

(8) The maintenance of a list of medical supplies and equipment needed.

(9) Such other elements as the Secretary of Defense may determine appropriate.

SEC. 778. Grant program for increased cooperation on post-traumatic stress disorder research between United States and Israel.

(a) Sense of Congress.—It is the sense of Congress that the Secretary of Defense, acting through the Psychological Health and Traumatic Brain Injury Research Program, should seek to explore scientific collaboration between American academic institutions and nonprofit research entities, and Israeli institutions with expertise in researching, diagnosing, and treating post-traumatic stress disorder.

(b) Grant program.—The Secretary of Defense, in coordination with the Secretary of Veterans Affairs and the Secretary of State, shall award grants to eligible entities to carry out collaborative research between the United States and Israel with respect to post-traumatic stress disorders. The Secretary of Defense shall carry out the grant program under this section in accordance with the agreement titled “Agreement Between the Government of the United States of America and the Government of Israel on the United States-Israel Binational Science Foundation”, dated September 27, 1972.

(c) Eligible entities.—To be eligible to receive a grant under this section, an entity shall be an academic institution or a nonprofit entity located in the United States.

(d) Award.—The Secretary shall award grants under this section to eligible entities that—

(1) carry out a research project that—

(A) addresses a requirement in the area of post-traumatic stress disorders that the Secretary determines appropriate to research using such grant; and

(B) is conducted by the eligible entity and an entity in Israel under a joint research agreement; and

(2) meet such other criteria that the Secretary may establish.

(e) Application.—To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such commitments and information as the Secretary may require.

(f) Gift authority.—The Secretary may accept, hold, and administer, any gift of money made on the condition that the gift be used for the purpose of the grant program under this section. Such gifts of money accepted under this subsection shall be deposited in the Treasury in the Department of Defense General Gift Fund and shall be available, subject to appropriation, without fiscal year limitation.

(g) Reports.—Not later than 180 days after the date on which an eligible entity completes a research project using a grant under this section, the Secretary shall submit to Congress a report that contains—

(1) a description of how the eligible entity used the grant; and

(2) an evaluation of the level of success of the research project.

(h) Termination.—The authority to award grants under this section shall terminate on the date that is 7 years after the date on which the first such grant is awarded.

SEC. 779. Suicide cluster: standardized definition for use by Department of Defense; congressional notification.

(a) Standardization of definition.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries concerned, shall develop, for use across the Armed Forces, a standardized definition for the term “suicide cluster”.

(b) Notification required.—Beginning not later than one year after the date of the enactment of this Act, whenever the Secretary determines the occurrence of a suicide cluster (as that term is defined pursuant to subsection (a)) among members of the Armed Forces, the Secretary shall submit to the appropriate congressional committees a notification of such determination.

(c) 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.

(d) Briefing.—Not later than April 1, 2023, the Secretary of Defense shall provide to the appropriate congressional committees a briefing on the following:

(1) The methodology being used in the development of the definition under subsection (a).

(2) The progress made towards the development of the process for submitting required notifications under subsection (b).

(3) An estimated timeline for the implementation of this section.

(e) Definitions.—In this section:

(1) The term “appropriate congressional committees” means the following:

(A) The Committee on Armed Services of the House of Representatives.

(B) The Committee on Armed Services of the Senate.

(D) The Committee on Commerce, Science, and Transportation of the Senate.

(2) The term “Secretary concerned” has the meaning given that term in section 101 of title 10, United States Codes.

SEC. 780. Limitation on realignment or reduction of military medical manning end strength: certification requirement and other reforms.

(a) Limitation.—

(1) IN GENERAL.—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), the Secretary of Defense and the Secretaries concerned may not realign or reduce military medical end strength authorizations during the period described in paragraph (2), and after such period, may not realign or reduce such authorizations unless—

(A) the report is submitted under subsection (b); and

(B) the certification is submitted under subsection (c).

(2) COVERED PERIOD.—The period described in this paragraph is a period of at least three years that begins on the date of the enactment of this Act.

(b) 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 military medical manning requirements and submit to 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:

(1) The National Defense Strategy submitted under section 113(g) of title 10, United States Code.

(2) The National Military Strategy prepared under section 153(b) of such title.

(3) The campaign plans of the combatant commands.

(4) Theater strategies.

(5) 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).

(6) 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).

(7) The plan of the Department of Defense on global patient movement, as updated pursuant to paragraph (2) of such section.

(8) The biosurveillance program of the Department of Defense established pursuant to Department of Defense Directive 6420.02 (relating to biosurveillance).

(9) Requirements for graduate medical education.

(10) The report of the COVID–19 Military Health System Review Panel under section 731 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3698).

(11) 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.

(12) Such other reports as may be determined appropriate by the Secretary of Defense.

(c) 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:

(1) 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.

(2) A justification for any proposed increase, realignment, reduction, or other change to the specialty and 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 subsection (b).

(3) 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.

(4) A risk analysis associated with the potential realignment or reduction of any military medical end strength authorizations.

(5) An identification of any plans of the Department to backfill military medical personnel positions with civilian personnel.

(6) 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.

(7) A comprehensive plan to mitigate any risk identified pursuant to paragraph (4) or (6), including with respect to funding necessary for such mitigation across fiscal years.

(d) Interim briefings and 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 how the Secretary plans to meet the report requirement under subsection (b) and the certification requirement under subsection (c).

(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 such requirements.

(3) 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 required under subsection (b) and the certification required under subsection (c).

(e) Definitions.—In this section:

(1) The term “medical personnel” has the meaning given such term in section 115a(e) of such title.

(2) 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. 781. Review and update of policy relating to command notification process and reduction of mental health stigma.

(a) Review and update.—

(1) IN GENERAL.—Not later than October 1, 2023, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall review and update the Department of Defense Instruction 6490.08, titled “Command Notification Requirements to Dispel Stigma in Providing Mental Health Care to Service Members”, or any successor instruction.

(2) ELEMENTS.—In carrying out the review and update of the instruction under paragraph (1), the Secretary shall ensure the updated version—

(A) provides health care providers with clear guidance on the process and timeline for making a required command notification;

(B) provides for the protection of the privacy of mental health information shared through such notification process, including by—

(i) restricting access to such information to personnel for whom such specific knowledge is necessary for the conduct of official duties;

(ii) requiring that military commanders, and any other personnel with access to such information, treat such information as any other health information, including with respect to applicable privacy laws; and

(iii) setting forth updated training requirements for military commanders on the treatment of such information; and

(C) directs military commanders to take steps to further reduce the stigma of mental health among members of the Armed Forces, including by promoting mental health care as equivalent to other types of health care.

(b) Report.—Not later than April 1, 2023, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the progress made towards the completion of the review and update under subsection (a).

SEC. 782. Grant program to study treatment of post-traumatic stress disorder using certain psychedelic substances.

(a) Grant program.—The Secretary of Defense shall carry out a program to award grants to eligible entities to conduct research on the treatment of members of the Armed Forces serving on active duty with post-traumatic stress disorder using covered psychedelic substances.

(b) Criterion for approval.—The Secretary may award a grant under this section to an eligible entity to conduct research if the Secretary determines that the research involves a therapy that has the potential to demonstrate significant medical evidence of a therapeutic advantage.

(1) A department or agency of the Federal Government or a State government.

(2) An academic institution.

(3) A nonprofit entity.

(d) Use of grant funds.—A recipient of a grant awarded under this section may use the grant to—

(1) conduct one or more phase two clinical trials for the treatment of post-traumatic stress disorder that—

(A) include members of the Armed Forces serving on active duty as participants in the clinical trial; and

(B) use individual or group therapy assisted by covered psychedelic substances; or

(2) train practitioners to provide treatment to members of the Armed Forces serving on active duty for post-traumatic stress disorder using covered psychedelic substances.

(e) Participation in clinical trials.—The Secretary may authorize a member of the Armed Forces to participate in a clinical trial that is conducted using a grant awarded under this section or funds provided under subsection (f) and is authorized pursuant to section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), without regard to—

(1) whether the clinical trial involves a substance included in the schedule under section 202 of the Controlled Substances Act (21 U.S.C. 812); or

(2) section 912a of title 10, United States Code (article 112a of the Uniform Code of Military Justice).

(f) Additional authority.—In addition to awarding grants under this section, the Secretary may provide funds for a clinical research trial using covered psychedelic substances that is authorized pursuant to section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) and includes members of the Armed Forces as participants in the trial.

(g) Definitions.—In this section:

(1) The term “covered psychedelic substances” means any of the following:

(A) 3,4-methylenedioxy-methamphetamine (commonly known as “MDMA”).

(B) Psilocybin.

(D) 5–Methoxy-N,N-dimethyltryptamine (commonly known as “5–MeO–DMT”).

(2) The term “State” includes any State, district, territory, or possession of the United States.

SEC. 783. Pilot programs of Defense Health Agency relating to sexual health.

(a) Telehealth pilot program on sexual health.—

(1) ESTABLISHMENT.—The Director of the Defense Health Agency shall carry out a five-year telehealth pilot program for sexual health (in this subsection referred to as the “telehealth pilot program”).

(2) ELIGIBILITY.—An individual is eligible to participate in the telehealth pilot program if the individual is a member of the uniformed services on active duty enrolled in TRICARE Prime, without regard to whether a health care professional has referred the individual for such participation.

(3) APPLICATIONS.—

(A) IN GENERAL.—Eligible individuals seeking to participate in the telehealth pilot program shall submit to the Director an application for participation at such time, in such form, and containing such information as the Director may prescribe.

(B) ONLINE ACCESSIBILITY.—Any application form under subparagraph (A) shall be accessible online.

(4) NUMBER OF PARTICIPANTS.—In selecting participants for the telehealth pilot program from among eligible individuals who have submitted an application in accordance with paragraph (3), the Director may establish a cap limiting the number of such participants only if—

(A) the Director determines that such limited participation is necessary as a result of limited provider availability; and

(B) not later than 30 days after making such determination, the Director submits to the congressional defense committees a report that includes—

(i) a description of the limited provider availability upon which the Director has based such determination;

(ii) an identification of the total number of eligible individuals who have submitted an application in accordance with paragraph (3); and

(iii) an estimated timeline for lifting the cap established.

(5) TELEHEALTH SCREENINGS.—

(A) IN GENERAL.—Under the telehealth pilot program, the Director shall furnish to any eligible individual who elects to participate in such program a telehealth screening. During such screening, a health care provider shall—

(i) conduct a remote assessment with respect to the individual’s sexual health, including any medication conditions related to the individual’s sexual health

(ii) provide comprehensive counseling on the full range of methods of contraception available to the individual, in accordance with the clinical practice guidelines established under section 718 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 686; 10 U.S.C. 1074d note);

(iii) as applicable, diagnose the individual or, pursuant to subparagraph (B), order appropriate follow-up diagnostic services as necessary as a result of the assessment under clause (i); and

(iv) prescribe such prescription medications, including contraceptives or Pre-Exposure Prophylaxis, as may be determined necessary by the provider as a result of such assessment.

(B) LABORATORY DIAGNOSTIC SERVICES.—In diagnosing an individual under subparagraph (A)(iii), a health care provider may furnish to the individual such laboratory diagnostic services as may be necessary for the diagnosis (including mail-order laboratory diagnostic services).

(C) PRESCRIPTIONS.—The Director shall ensure that prescriptions under subparagraph (A)(iv) may be filled through either military medical treatment facility pharmacies or the national mail-order pharmacy program under the TRICARE program.

(6) FOLLOW-UP REMOTE APPOINTMENTS.—If a health care provider prescribes medications to an individual pursuant to a screening under the telehelath pilot program, that health care provider shall conduct such follow-up remote appointments as may be necessary to monitor the health of the individual following fulfilment of the prescription.

(7) COORDINATION WITH FACILITIES.—The Director shall coordinate with each military commander or director of a military medical treatment facility to facilitate the provision through the facility of laboratory and other services necessary for the furnishment of screenings and the fulfilment of prescriptions under the telehealth pilot program.

(8) CONTRACT AUTHORITY.—In carrying out the telehealth pilot program, the Director may enter into contracts under such program with providers of mail-order laboratory services and providers of mail-order contraceptives or Pre-Exposure Prophylaxis for the furnishment of laboratory services or the fulfilment of prescriptions under paragraph (5).

(9) REPORTS.—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 congressional defense committees a report on the status and effects of the telehealth pilot program. Each such report shall include, with respect to the year covered by the report, the following:

(A) The number of health care providers who have furnished services under the telehealth pilot program, dissagregated by whether the provider is a TRICARE network provider.

(B) The average wait time for screenings under the telehealth pilot program.

(D) Such other information relating to the status or effect of the telehealth pilot program as may be determined relevant by the Secretary.

(b) Pilot program on required sexual health screenings.—

(1) IN GENERAL.—The Director of the Defense Health Agency shall carry out a five-year pilot program to require certain sexual health screenings (in this subsection referred to as the “pilot program”).

(2) SEXUAL HEALTH SCREENINGS.—

(A) IN GENERAL.—Under the pilot program, the Director shall ensure that, during the period in which the pilot program is carried out, each covered member completes a sexual health screening on an annual basis and prior to any deployment of the covered member.

(B) NOTICE REQUIREMENT.—The Director shall ensure that, prior to a covered member receiving a sexual health screening under the pilot program, the covered member is provided notice, and submits an acknowledgment, that the results of such screening shall be subject to the confidentiality provisions under paragraph (3).

(C) OPTION FOR FOLLOW-UP APPOINTMENT.—Following the provision of a sexual health screening to a covered member under the pilot program, the covered member may elect to receive a follow-up appointment related to such screening. Any such follow-up appointment shall be conducted by the provider specified in paragraph (4) responsible for reviewing the results of the screening.

(3) CONFIDENTIALITY.—

(A) TRANSMISSION OF RESULTS OUTSIDE CHAIN OF COMMAND.—Except as provided in subparagraph (B), the results of a sexual health screening furnished to a covered member under the pilot program shall be transmitted for review to the provider specified in paragraph (4) at the military medical treatment facility nearest to the location at which the screening was furnished. Such results may not be transmitted to or otherwise accessed by the following:

(i) Any individual in the chain of command of the covered member.

(ii) The primary health care provider for the unit of the covered member.

(B) EXCEPTION AT ELECTION OF MEMBER.—The results of a sexual health screening furnished to a covered member under the pilot program may be transmitted for review to, or otherwise accessed by, the primary health care provider for the unit of the covered member at the election of the covered member.

(C) SEVERABILITY OF RESULTS.—If a sexual health screening under the pilot program is furnished as part of a periodic health assessment (or other similar assessment) provided to a covered member, the results of such screening shall be separated from the other results of the assessment for purposes of separate transmission and review in accordance with subparagraph (A).

(4) SEXUAL HEALTH OR INFECTIOUS DISEASE HEALTH CARE PROVIDERS.—The Director shall ensure that at each military medical treatment facility there is a health care provider with a specialty in sexual health or infectious diseases who shall review screening results under the pilot program.

(5) REPORTS.—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 congressional defense committees a report on the status and effects of the pilot program.

(1) The term “covered member” means a member of a uniformed service described in section 1074(a)(2) of title 10, United States Code.

(2) The term “military medical treatment facility” means a facility specified in section 1073d of title 10, United States Code.

(3) The terms “TRICARE Prime” and “TRICARE program” have the meaning given those terms in section 1072 of such title.

SEC. 784. Drop boxes on military installations for deposit of unused prescription drugs.

(a) Drop boxes.—The Secretary of Defense shall ensure there is maintained on each military installation a drop box that is accessible to members of the Armed Forces and the family members thereof, into which such members and family members may deposit unused prescription drugs.

(b) Prescription drug defined.—In this section, the term “prescription drug” has the meaning given that term in section 1074g(i) of title 10, United States Code.

SEC. 785. Funding for pancreatic cancer research.

(a) Increase.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 1405 for the Defense Health Program, as specified in the corresponding funding table in section 4501, for Defense Health Program, R&D research is hereby increased by $5,000,000 (with the amount of such increase to be used in support of the CRDMP Program for Pancreatic Cancer Research).

(b) 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, as specified in the corresponding funding table in section 4301, for administration and service-wide activities, Defense Human Resources Activity, line 240, is hereby reduced by $5,000,000.

SEC. 786. Psychological evaluations for members of the Armed Forces returning from Kabul.

(a) Initial evaluation.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide an initial psychological evaluation to each member of the Armed Forces who—

(1) served at the Hamid Karzai International Airport in Kabul, Afghanistan, between August 15 and August 29, 2021; and

(2) has not already received a psychological evaluation with respect to such service.

(b) Additional evaluations.—The Secretary of Defense shall provide to each member of the Armed Forces who receives a psychological evaluation under subsection (a), or would have received such an evaluation but for the application of subsection (a)(2)—

(1) an additional psychological evaluation not later than two years after the date of the enactment of this Act; and

(2) a second additional psychological evaluation not later than five years after the date of the enactment of this Act.

(c) Reporting requirement.—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 on the number of members of the Armed Forces, broken down by component (National Guard, Reserve, and Active), that are eligible for, and receive, an initial psychological evaluation—

(1) under subsection (a); or

(2) otherwise resulting from service at the Hamid Karzai International Airport in Kabul, Afghanistan, between August 15 and August 29, 2021.

SEC. 787. Annual review and update of online information relating to suicide prevention.

Not later than September 30, 2023, and on an annual basis thereafter, each Secretary of a military department shall—

(1) review any information relating to suicide prevention or behavioral health, including any contact information for related resources, that is published on an Internet website of the military department at the installation level;

(2) make updates to such information as may be necessary; and

(3) submit to the congressional defense committees a certification that such information is up-to-date.

SEC. 788. Funding for post-traumatic stress disorder.

(a) Funding.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated by section 1405 for the Defense Health Program, as specified in the corresponding funding table in such division, is hereby increased by $2,500,000 for post-traumatic stress disorder.

(b) Offset.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated by section 1405 for the Defense Health Program, as specified in the corresponding funding tables in division D, for Private Sector Care is hereby reduced by $2,500,000.

SEC. 789. Increased collaboration with NIH to combat triple negative breast cancer.

(a) In general.—The Office of Health of the Department of Defense shall work in collaboration with the National Institutes of Health to—

(1) identify specific genetic and molecular targets and biomarkers for triple negative breast cancer; and

(2) provide information useful in biomarker selection, drug discovery, and clinical trials design that will enable both—

(A) triple negative breast cancer patients to be identified earlier in the progression of their disease; and

(B) the development of multiple targeted therapies for the disease.

(b) Funding.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated by section 1405 for the Defense Health Program, as specified in the corresponding funding tables in division D, is hereby increased by $10,000,000 to carry out subsection (a).

(c) Offset.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated by section 1405 for the Defense Health Program, as specified in the corresponding funding tables in division D, for Private Sector Care is hereby reduced by $10,000,000.

SEC. 790. Pilot program to improve military readiness through nutrition and wellness initiatives.

(a) Pilot program.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall carry out a pilot program to improve military readiness through nutrition and wellness initiatives.

(b) Unit selection.—The Secretary of Defense shall select for participation in the pilot program under subsection (a) a unit at a basic training facility or an early instructional facility of a military department.

(1) The development, and administration to the unit selected pursuant to subsection (b), of an educational curriculum relating to nutrition, physical fitness, the proper use of supplements, and any other human performance elements determined relevant by the Secretary of the military department with jurisdiction over the unit.

(2) The provision to the unit of health-related testing.

(3) The provision to the unit of dietary supplements.

(d) Implementing partner.—

(1) SELECTION.—The Secretary of Defense shall select as an implementing partner a single contractor to both carry out all of the activities under subsection (c) and manufacture at a manufacturing facility owned by the contractor the dietary supplements to be provided pursuant to subsection (c)(3). In making such selection, the Secretary shall ensure that the contractor enforces an appropriate level of third-party review with respect to the quality and safety of products manufactured, as determined by the Secretary.

(2) CONSIDERATIONS.— In selecting the contractor under paragraph (1), the Secretary shall consider the following:

(A) Whether the contractor has the ability to carry out each activity under subsection (c), in addition to the ability to manufacture the dietary supplements to be provided pursuant to subsection (c)(3).

(B) Whether the manufacturing facility of the contractor is a fully independent, third-party certified, manufacturing facility that holds the highest “Good Manufacturing Practice” certification or rating possible, as issued by a regulatory agency of the Federal government.

(C) Whether the manufacturing facility of the contractor, and all finished products manufactured therein, have been verified by a third-party as free from banned substances and contaminants.

(D) Whether the contractor is in compliance with the adverse event reporting policy and third-party adverse event monitoring policy of the Food and Drug Administration.

(E) Whether the contractor implements a stability testing program that supports product expiration dating.

(F) Whether the contractor has a credible and robust environment, social, and governance policy that articulates responsibilities and annual goals.

(G) Whether the contractor has demonstrated at least five years of operation as a business in good standing in the industry.

(H) Whether the contractor has a demonstrated history of maintaining relationships with nationally-recognized medical and health organizations.

(e) Coordination.—In carrying out the pilot program under subsection (a), the contractor selected under subsection (d) shall coordinate with the following:

(1) Command, training, and medical officers and noncommissioned officers.

(2) Outside experts (including experts with relevant experience from research and testing organizations, credible medical committees, or hospitals) that may lend personalized support, capture data, and facilitate third-party adverse event reporting.

(f) Duration.—The pilot program under subsection (a) shall be for a period of six months.

(g) Report.—Upon the termination of the pilot program under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report on the results of the pilot program, including any findings or data from the pilot program, and a recommendation by the Secretary of Defense for improvements to the readiness of the Armed Forces based on such findings and data.

SEC. 791. Guidance for addressing healthy relationships and intimate partner violence through TRICARE Program.

The Secretary of Defense shall disseminate guidance on—

(1) the provision through the TRICARE Program of universal education on healthy relationships and intimate partner violence; and

(2) implementation of protocols through the TRICARE Program for—

(A) routine assessment of intimate partner violence and sexual assault; and

(B) promotion and strategies for trauma-informed care plans.

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:

“§ 1743. Writing award to encourage curiosity and persistence in overcoming obstacles in the defense acquisition system

“(a) Establishment.—The President of the Defense Acquisition University shall establish an award to recognize members of the acquisition workforce 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).

“(b) Submission required.—A member of the acquisition workforce desiring an award under this section shall submit to the President such first-hand account.

“(c) Amount of award.—A recipient of an award under this section shall receive $10,000.

“(d) Number of awards.—The President of the Defense Acquisition University may make not more than five awards each year.

“(e) Webpage.—The President of the Defense Acquisition University shall establish and maintain a webpage to serve as a repository for submissions made under subsection (b). Such webpage shall allow for public comments and discussion.

“(f) Contents of submission.—The recipient of an award under this section shall demonstrate in the submission described under subsection (b)—

“(1) 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

“(2) the use of an iterative writing process, including evidence of—

“(A) critical thinking;

“(B) incorporation of feedback from diverse perspectives; and

“(C) editing to achieve plain writing (as defined in section 3 of the Plain Writing Act of 2010 (5 U.S.C. 301 note)).

“(g) Funding.—The Secretary of Defense shall use funds from the Defense Acquisition Workforce Development Account to carry out this section.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after section 1742 the following new item:

“1743. Writing award to encourage curiosity and persistence in overcoming obstacles in acquisition.”.

SEC. 802. Data requirements for commercial item pricing not based on adequate price competition.

(a) Information required.—Section 3455 of title 10, United States Code, is amended—

(1) in subsection (b)—

(A) by inserting “(1)” before “A subsystem”;

(B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; and

“(2) With respect to a subsystem for which a contracting officer made a determination under paragraph (1)(B) and for a subsystem proposed as commercial (as defined in section 103(1) of title 41, United States Code) and that has not previously been determined commercial in accordance with section 3703(d) of this title, the offeror shall provide the following information:

“(A) An identification of a comparable commercial product that is customarily used by the general public or nongovernmental entities that serves as the basis for assertion that the proposed subsystem is a commercial product.

“(B) A comparison of the essential physical characteristics and functionality between the proposed subsystem and the comparable commercial product in support of such assertion.

“(C) The national stock number (as defined in section 101-30.101-3 of title 41, Code of Federal Regulations (or a successor regulation)), if available, for the comparable commercial product and the proposed subsystem.”;

(2) in subsection (c), by adding at the end the following new paragraph:

“(3) With respect to components or spare parts proposed as commercial for which a contracting officer made a determination under paragraph (1)(B), the offeror shall provide the following information for components or spare parts proposed as commercial (as defined in section 103(1) of title 41, United States Code) and that have not previously been determined commercial in accordance with section 3703(d) of this title:

“(A) An identification of a comparable commercial product that is customarily used by the general public or nongovernmental entities that serves as the basis for the assertion that the proposed components or spare parts are commercial products.

“(B) A comparison of the essential physical characteristics and functionality between the proposed components or spare parts and the comparable commercial product in support of such assertion.

(b) Modifications to information submitted.—Section 3455(d) is amended—

(1) in the subsection heading, by inserting “for certain procurements” after “submitted”;

(2) in paragraph (1)—

(A) in the matter preceding subparagraph (A), by striking “section,” and all that follows through “to submit” and inserting “section that are not subject to the exceptions in section 3703(a)(1) of this title, the offeror shall be required to submit to or to provide access to the contracting officer, on an unredacted basis”;

(B) in subparagraph (A)—

(i) by inserting “all” before “prices paid”; and

(ii) by inserting “, and the contents of such terms and conditions” after “commercial customers”;

(i) by striking “information on” and all that follows through “same or similar” and inserting “information on prices for the same or similar”;

(ii) by striking “conditions;” and inserting “conditions, and the contents of such terms and conditions; and”; and

(iii) by striking clauses (ii), (iii), and (iv).

(D) in subparagraph (C)—

(i) by striking “reasonableness of price,” and inserting the following: “reasonableness of price because the comparable 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 prices paid, the offeror shall be required to provide”; and

(ii) by inserting before the period at the end the following: “, where a request for cost data shall be approved at a level above the contracting officer”.

SEC. 803. Preference for domestic foods for military working dogs.

(a) In general.—Chapter 287 of title 10, United States Code, is amended by adding at the end the following new section:

“§ 3906. Preference for domestic foods for military working dogs

“With respect to the acquisition of food for military working dogs by the Defense Logistics Agency, the Director of the Defense Logistic Agency shall give a preference for the acquisition of food that is manufactured or produced—

“(1) in the United States;

“(2) by an entity that is based in the United States; and

“(3) using only ingredients and materials that were grown, mined, manufactured, or produced in the United States.”.

(b) Clerical amendment.—The table of chapters for chapter 287 of title 10, United States Code, is amended by adding at the end the following new item:

“3906. Preference for domestic food for military working dogs.”.

SEC. 804. Life cycle management and product support.

Section 4324(b) of title 10, United States Code, is amended—

(1) by designating the matter preceding subparagraph (A), as so redesignated, as paragraph (1);

(2) by redesignating paragraphs (1), (2), (3), (4), (5), (6), (7), and (8) as subparagraphs (A), (B), (C), (D), (E), (F), (G), and (I), respectively;

(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 after “approved life cycle sustainment plan” the following: “approved by all covered individuals for such covered system”;

(B) by amending subparagraph (G), as so redesignated, to read as follows:

“(G) an intellectual property management plan for product support, including access to technical data and computer software, as well as contract delivery requirements for the data rights;”;

“(H) an estimate of the number of personnel needed to operate and maintain the covered system;”;

(D) in subparagraph (I), as so redesignated, by striking the period at the end and inserting “; and” at the end; and

(E) by inserting after subparagraph (I), as so redesignated, the following new subparagraph:

“(J) a product support business case analysis that—

“(i) addresses—

“(I) the costs, benefits, and risks to sustainment associated with the performance goals;

“(II) the engineering and design considerations;

“(III) intellectual property, including access to technical data and computer software; and

“(IV) the number of personnel needed to operate and maintain the covered system; and

“(ii) explicitly addresses—

“(I) the tradeoffs made between the factors described in clause (i); and

“(II) the associated implications of such tradeoffs for—

“(aa) design, development, production, and operating and support costs;

“(bb) operational and materiel availability;

“(cc) the mix of active and reserve components of the military, Government civilian employee, host nation support, and contractor personnel to operate and maintain the covered system; and

“(dd) the ability of the Government to retain core logistics capability identified under section 2464 and comply with the requirements under section 2466.”; and

(4) by adding at the end the following new paragraphs:

“(2) SUBSEQUENT PHASES.—Before granting approval for entry of the covered system into each subsequent phase of the acquisition after the phase described in section 4172(e)(7), the milestone decision authority shall ensure that the life cycle sustainment plan described in paragraph (1) for such covered system has been updated and again approved by all covered individuals for such covered system.

“(3) COVERED INDIVIDUALS DEFINED.—In this subsection, the term ‘covered individuals’ means—

“(A) a product support manager described in subsection (c);

“(B) a program manager (as defined in section 1737(a));

“(C) a program executive officer (as defined in section 1737(a)); and

“(D) an appropriate materiel, logistics, or fleet representative.”.

SEC. 805. Extension of requirement to submit Selected Acquisition Reports.

(a) Repeal of termination.—Section 4351 of title 10, United States Code, is amended by striking subsection (j).

(b) Repeal of termination of certain additional reports.—Section 1051(x) of the National Defense Authorization Act for Fiscal Year 2018 is amended by striking paragraph (4).

SEC. 806. Amendments to contractor employee protections from reprisal for disclosure of certain information.

(a) Defense contracts.—

(1) ADDITION OF GRANTEES, SUBGRANTEES, AND PERSONAL SERVICES CONTRACTORS.—Section 4701 of title 10, United States Code, is amended—

(A) in subsection (a), in paragraphs (2)(G) and (3)(A), by striking “or subcontractor” and inserting “, subcontractor, grantee, subgrantee, or personal services contractor”;

(B) in subsection (a)(2), by adding at the end the following new subparagraphs:

“(H) The Pandemic Response Accountability Committee (established under section 15010 of title V of division B of the CARES Act (Public Law 116–136)).

“(I) The Integrity Committee of the Council of the Inspectors General on Integrity and Efficiency.”.

(i) in paragraph (1)—

(I) by striking “contractor concerned” and inserting “contractor, subcontractor, grantee, subgrantee, or personal services contractor concerned”;

(II) by inserting before the period at the end of the first sentence the following: “, or to the Special Inspector General for Pandemic Recovery or the Chair of the Pandemic Response Accountability Committee”;

(III) by striking “Inspector General determines” and inserting “Inspector General, Special Inspector General, or Chair (as applicable) determines”; and

(IV) by striking “Inspector General shall” and inserting “Inspector General, Special Inspector General, or Chair (as applicable) shall”;

(ii) in paragraph (2), by striking “Inspector General” each place it appears and inserting “Inspector General, Special Inspector General, or Chair (as applicable)”; and

(iii) in paragraph (3), by striking “Inspector General” each place it appears and inserting “Inspector General, Special Inspector General, or Chair (as applicable)”;

(D) in subsection (c)—

(i) in the matter preceding subparagraph (A) of paragraph (1), by striking “contractor concerned” and inserting “contractor, subcontractor, grantee, subgrantee, or personal services contractor concerned”; and

(ii) in paragraph (1), by inserting after “Order the contractor” each place it appears the following: “, subcontractor, grantee, subgrantee, or personal services contractor”;

(iii) in paragraph (2), by inserting after “contractor” the following: “, subcontractor, grantee, subgrantee, or personal services contractor”;

(E) in subsection (d), by striking “and subcontractors” and inserting “, subcontractors, grantees, subgrantees, and personal services contractors”; and

(F) in subsection (e)(2)—

(i) in the matter preceding subparagraph (A), by striking “or grantee of” and inserting “grantee, subgrantee, or personal services contractor of”; and

(ii) in subparagraph (B), by striking “or grantee” and inserting “grantee, or subgrantee”.

(2) ADDITIONAL AMENDMENTS.—Such section is further amended in subsection (c)(1) by adding at the end the following new subparagraph:

“(D) Consider disciplinary or corrective action against any Department or Administration official, if appropriate.”.

(b) Civilian agency contracts.—

(1) IN GENERAL.—Section 4712 of title 41, United States Code, is amended—

(A) in subsection (a)(2)(G), by striking “or subgrantee” and inserting “subgrantee, or personal services contractor”;

(B) in subsection (a)(2), by adding at the end the following new subparagraphs:

“(H) The Pandemic Response Accountability Committee (established under section 15010 of title V of division B of the CARES Act (Public Law 116–136)).

“(I) The Integrity Committee of the Council of the Inspectors General on Integrity and Efficiency.”;

(D) in subsection (c)—

(i) in paragraph (1)—

(I) by striking “or subgrantee” each place it appears and inserting “subgrantee, or personal services contractor”; and

(II) by adding at the end the following new subparagraph:

“(D) Consider disciplinary or corrective action against any executive branch official, if appropriate.”; and

(ii) in paragraph (2), by striking “or subgrantee” and inserting “subgrantee, or personal services contractor”;

(E) in subsection (d), by striking “and subgrantees” and inserting “subgrantees, and personal services contractors”;

(F) in subsection (f)(2)—

(i) in the matter preceding subparagraph (A), by striking “or subgrantee” and inserting “subgrantee, or personal services contractor”; and

(ii) in subparagraph (B), by striking “or subgrantee” and inserting “subgrantee, or personal services contractor”; and

(G) by amending subsection (g)(2) to read as follows:

“(2) The term ‘Inspector General’ means any Inspector General established by Federal law, including—

“(A) an Inspector General appointed under the Inspector General Act of 1978 (5 U.S.C. App.);

“(B) the Special Inspector General for Pandemic Recovery;

“(C) the Special Inspector General for Afghanistan Reconstruction;

“(D) the Special Inspector General for the Troubled Asset Relief Program; and

“(E) any Inspector General that receives funding from, or has oversight over contracts awarded for or on behalf of, the executive agency concerned.”.

(2) ADDITIONAL AMENDMENTS.—

(A) IN GENERAL.—Section 4705 of title 41, United States Code, is repealed.

(B) CONFORMING AMENDMENTS.—

(i) TITLE 38.—Subchapter II of chapter 7 of title 38, United States Code, is amended—

(I) in section 731(c)(4)—

(aa) by striking “section 4705(b) or”; and

(bb) by striking “, as the case may be”; and

(II) in section 733(a)(5), by striking “section 4705 or”.

(ii) TITLE 49.—Section 40110(d)(2)(C) of title 49, United States Code, is amended by inserting “, as in effect immediately before the enactment of the National Defense Authorization Act for Fiscal Year 2022,” before “shall apply”.

SEC. 807. Enhanced domestic content requirement for major defense acquisition programs.

(a) Assessment required.—

(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report assessing the domestic source content of procurements carried out in connection with a major defense acquisition program.

(2) INFORMATION REPOSITORY.—The Secretary of Defense shall establish an information repository for the collection and analysis of information related to domestic source content for products the Secretary deems critical, where such information can be used for continuous data analysis and program management activities.

(b) Enhanced domestic content requirement.—

(1) IN GENERAL.—Except as provided in paragraph (2), for purposes of chapter 83 of title 41, United States Code, manufactured articles, materials, or supplies procured in connection with a major defense acquisition program are manufactured substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States if the cost of such component articles, materials, or supplies—

(A) supplied not later than the date of the enactment of this Act, exceeds 60 percent of cost of the manufactured articles, materials, or supplies procured;

(B) supplied during the period beginning January 1, 2024, and ending December 31, 2028, exceeds 65 percent of the cost of the manufactured articles, materials, or supplies; and

(C) supplied on or after January 1, 2029, exceeds 75 percent of the cost of the manufactured articles, materials, or supplies.

(2) EXCLUSION FOR CERTAIN MANUFACTURED ARTICLES.—Paragraph (1) shall not apply to manufactured articles that consist wholly or predominantly of iron, steel, or a combination of iron and steel.

(3) RULEMAKING TO CREATE A FALLBACK THRESHOLD.—

(A) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue rules to determine the treatment of the lowest price offered for a foreign end product for which 55 percent or more of the component articles, materials, or supplies of such foreign end product are manufactured substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States if—

(i) the application paragraph (1) results in an unreasonable cost; or

(ii) no offers are submitted to supply manufactured articles, materials, or supplies manufactured substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States.

(B) TERMINATION.—Rules issued under this paragraph shall cease to have force or effect on January 1, 2030.

(4) APPLICABILITY.—The requirements of this subsection—

(A) shall apply to contracts entered into on or after the date of the enactment of this Act; and

(B) shall not apply to a country that is a member of the national technology and industrial base (as defined by section 4801 of title 10, United States Code).

(c) Major defense acquisition program defined.—The term “major defense acquisition program” has the meaning given in section 4201 of title 10, United States Code.

SEC. 808. Mission-Based Rapid Acquisition Account.

(a) Establishment.—There is established in the Department of Defense an account to be known as the “Mission-Based Rapid Acquisition Account” (in this section referred to as the “Account”) to support the pilot program.

(b) Use of funds.—The Deputy Secretary of Defense may use the funds in the Account to carry out the pilot program.

(c) Semiannual briefing.—The Deputy Secretary of Defense shall include in each briefing submitted under subsection (f)(1)(A) of section 871 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1855; 10 U.S.C. 191 note) after the date of the enactment of this Act a briefing on the use of funds in the Account, including—

(1) how the Deputy Secretary of Defense has used such funds to incent new small businesses to enter transactions for prototype projects with the Department;

(2) support the rapid transition of the solutions described in subsection (c)(2)(B) of such section 871 to warfighters; and

(3) whether additional funding flexibility is needed to scale technologies.

(d) Pilot program defined.—In this section, the term “pilot program” means the pilot program established under section 871 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1855; 10 U.S.C. 191 note).

SEC. 809. Preference for offerors that meet certain requirements.

(a) In general.—Chapter 241 of title 10, United States Code, is amended by adding at the end the following new section:

“SEC. 3310. Preference for offerors that meet certain requirements.

“(a) In general.—In awarding contracts for the procurement of goods or services, the Secretary of Defense shall prioritize offerors that meet any of the following qualifications:

“(1) The offeror has entered into an agreement—

“(A) with a labor organization;

“(B) that provides the manner in which the offeror will—

“(i) act with respect to lawful efforts by such labor organization to organize the employees of such offeror, including an agreement that the offeror will not assist, deter, or promote such efforts; and

“(ii) engage in collective bargaining with such labor organization; and

“(C) that is effective for the duration of the contract to be awarded.

“(2) The offeror has entered into an agreement with a majority of the employees of the offeror or a labor organization, effective for the duration of the contract to be awarded, not to hire individuals to replace any employee of the offeror engaged in any strike, picketing, or other concerted refusal to work or to close a business in response to such a strike, picketing, or other refusal to work.

“(3) The offeror has a collective bargaining agreement with a labor organization or a majority of the employees of the offeror.

“(b) Prioritization order.—The Secretary of Defense shall further prioritize an offeror under subsection (a) for each qualification described in such subsection that such offeror meets.

“(c) Application.—The prioritization required under this section shall—

“(1) be applied after any other preference or priority applicable to the award of the contract;

“(2) be accorded weight that is not less than such other preference or priority; and

“(3) not be construed as superseding or replacing any such other preference or priority.

“(d) Rule of construction.—Nothing in this section shall be construed to preempt, displace, or supplant any provision of the National Labor Relations Act (29 U.S.C. 151 et seq.).

“(e) Employee; employer; labor organization defined.—In this section, the terms ‘employee’, ‘employer’, and ‘labor organization’ have the meanings given such terms in section 2 of the National Labor Relations Act (29 U.S.C. 152).”.

(b) Clerical amendment.—The table of sections for Chapter 241 of title 10, United States Code, is amended by adding at the end the following new item:

“3310. Preference for offerors that meet certain requirements.”.

(c) Applicability.—This section and the amendments made by this section shall apply only with respect to contracts entered into on or after the date of the enactment of this Act.

SEC. 811. Membership of Coast Guard on Strategic Materials Protection Board.

Section 187(a)(2) of title 10, United States Code, is amended by adding at the end the following:

“(F) A senior official of the Coast Guard, as designated by the Secretary of the agency or department in which the Coast Guard operates, only with respect to matters of the Board relating to the Coast Guard.”.

SEC. 812 . Comptroller General assessment of acquisition programs and efforts.

Section 3072 of title 10, United States Code, is amended—

(1) in the section heading, by striking “initiatives” and inserting “efforts”;

(2) in subsection (a)—

(A) by striking “initiatives” and inserting “efforts”; and

(B) by striking “2023” and inserting “2026”;

(3) in subsection (b), by striking “initiatives” each place it appears and inserting “efforts”; and

(4) in subsection (c)—

(A) in the subsection heading, by striking “initiatives” and inserting “efforts”; and

(B) by striking “initiatives” each place it appears and inserting “efforts”.

SEC. 813. Subcontracting requirements for certain contracts awarded to educational institutions.

(a) In general.—Section 3204 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(h) Subcontracting requirements for contracts awarded to educational institutions.—

“(1) IN GENERAL.—The head of an agency shall require that a contract awarded to an educational institution pursuant to subsection (a)(3)(B) includes a requirement that the educational institution subcontract with one or more minority institutions for a total amount of not less than 2 percent of the amount awarded in the contract.

“(2) MINORITY INSTITUTION.—In this subsection, the term ‘minority institution’ means—

“(A) a part B institution (as that term is defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2))); or

“(B) any other institution of higher education (as that term is defined in section 101 of such Act (20 U.S.C. 1001)) for 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.”.

(b) Effective date.—The amendments made by subsection (a) shall—

(1) take effect on October 1, 2026; and

(2) apply with respect to contracts awarded by the Secretary of Defense on or after such date.

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 to indemnification authority for research and development contracts.

(a) In general.—Section 3861 of title 10, United States Code, is amended—

(1) in subsection (a), by striking “Secretary of the military department concerned” and inserting “Secretary of Defense”;

(2) in subsection (c), by striking “Secretary” and all that follows through “by him,” and inserting “Secretary of Defense”; and

(3) in subsection (d), by striking “Secretary concerned” and inserting “Secretary of Defense”.

(b) Conforming amendment.—Section 1684 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 2123) is amended by inserting “or the Secretary of Defense, as applicable,” after “Secretary concerned”.

(c) Applicability.—This section and the amendments made by this section shall apply to contracts entered into on or after the date of the enactment of this Act.

SEC. 816. Competition requirements for purchases from Federal Prison Industries.

(a) Competition requirements for purchases from Federal Prison Industries.—Section 3905 of title 10, United States Code, is amended by striking subsections (a) and (b) and inserting the following new sections:

“(a) Market research.—Before purchasing a product listed in the latest edition of the Federal Prison Industries catalog published under section 4124(d) of title 18, the Secretary of Defense shall conduct market research to determine whether such product—

“(1) is comparable to products available from the private sector; and

“(2) best meets the needs of the Department of Defense in terms of price, quality, and time of delivery.

“(b) Competition requirement.—If the Secretary determines that a Federal Prison Industries product is not comparable to products available from the private sector and does not best meet the needs of the Department of Defense in terms of price, quality, or time of delivery, the Secretary shall use competitive procedures or make an individual purchase under a multiple award contract for the procurement of the product. In conducting such a competition or making such a purchase, the Secretary shall consider a timely offer from Federal Prison Industries.”.

(b) Effective date.—The amendment made by subsection (a) shall take effect on February 1, 2023.

SEC. 817. Clarification of authority of the Department of Defense to carry out certain prototype projects.

Subsection (f) of section 4022 of title 10, United States Code, is amended to read as follows:

“(f) Follow-on production contracts or transactions.— (1) A transaction entered into under this section for a prototype project shall provide for the award of a follow-on production contract or transaction to the participants in the transaction. A transaction includes all individual prototype subprojects awarded under the transaction to a consortium of United States industry and academic institutions.

“(2) A follow-on production contract or transaction provided for in a transaction under paragraph (1) may be awarded to the participants in the transaction without the use of competitive procedures, notwithstanding the requirements of chapter 221 of this title and even if explicit notification was not listed within the request for proposal for the transaction if—

“(A) competitive procedures were used for the selection of parties for participation in the transaction; and

“(B) the participants in the transaction successfully completed the prototype project provided for in the transaction.”.

SEC. 818. Requirements for the procurement of certain components for certain naval vessels and auxiliary ships.

(a) Requirements for the procurement of certain components for naval vessels.—Section 4864(a)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph:

“(G) Ship shafts and propulsion system components (including reduction gears and propellers).”.

(b) 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 (3) of section 4864(a) of title 10, United States Code, is amended to read as follows:

“(3) COMPONENTS FOR AUXILIARY SHIPS.—Subject to subsection (k), the following components:

“(A) Large medium-speed diesel engines.

“(B) Propulsion system components, including reduction gears and propellers.”.

(3) IMPLEMENTATION.—Subsection (k) of section 4864 of title 10, United States Code, as redesignated by paragraph (1), is amended to read as follows:

“(k) Implementation of auxiliary ship component limitation.—Subsection (a)(3) shall apply only with respect to contracts awarded by a Secretary of a military department for construction of a new class of auxiliary ship after the date of the enactment of this Act using funds available for National Defense Sealift Fund programs or Shipbuilding and Conversion, Navy.”.

SEC. 819. Modification to prohibition on operation or procurement of foreign-made unmanned aircraft systems.

Section 848 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 4871 note) is amended—

(1) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively;

(2) by inserting after subsection (a) the following new subsection:

“(b) Prohibition on certain contracts.—The Secretary of Defense may not—

“(1) procure or obtain, or extend or renew a contract to procure or obtain any equipment, system, or service that uses any equipment or service related to unmanned aircraft systems provided by a covered unmanned aircraft system company; or

“(2) enter into a contract (or extend or renew a contract) with an entity that uses any equipment, system, or services provided by a covered unmanned aircraft system company.”;

(3) in subsection (c) (as so redesignated), by striking “the restriction under subsection (a) if the operation or procurement” and inserting “any restrictions under subsections (a) or (b) if the operation, procurement, or obtainment”;

(4) in subsection (d) (as so redesignated)—

(A) by striking “the restriction under subsection (a)” and inserting “any restrictions under subsections (a) or (b)”; and

(B) by striking “operation or procurement” and inserting “operation, procurement, or obtainment”; and

(5) in subsection (e) (as so redesignated), by inserting the following new paragraph (3):

“(3) COVERED UNMANNED AIRCRAFT SYSTEM COMPANIES.—The term ‘covered unmanned aircraft system companies’ means any of the following:

“(A) Da-Jiang Innovations (or any subsidiary or affiliate of Da-Jiang Innovations).

“(B) Any entity that produces or provides unmanned aircraft systems and is included on Consolidated Screening List maintained by the International Trade Administration of the Department of Commerce.

“(C) Any entity that produces or provides unmanned aircraft systems and—

“(i) is domiciled in a covered foreign country; or

“(ii) is subject to unmitigated foreign ownership, control or influence by a covered foreign country, as determined by the Secretary of Defense unmitigated foreign ownership, control or influence in accordance with the National Industrial Security Program (or any successor to such program).”.

SEC. 820. 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) is amended—

(1) in subsection (a)(2), by striking “of” before “chapter 271”; and

(2) in subsection (c), by striking “January 2, 2023” and inserting “January 2, 2024”.

SEC. 821. 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. 822. Require full domestic production of flags of the United States acquired by the Department of Defense.

(a) In general.—Section 4862 of title 10, United States Code, is amended—

(1) in subsection (a), by inserting “and in subsection (l)” after “subsections (c) through (h)”; and

(2) by adding at the end the following new subsection:

“(l) Flag of the United States.—Notwithstanding subsection (a), funds appropriated or otherwise available to the Department of Defense may not be used for the procurement of a flag of the United States unless such flag is manufactured—

“(1) in the United States; and

“(2) from articles, materials, and supplies grown, mined, produced, or manufactured in the United States.”.

(b) Applicability.—The amendment made by subsection (a) shall apply only with respect to contracts entered into on or after the date of the enactment of this Act.

SEC. 823. Guidelines and resources on the acquisition or licensing of intellectual property.

Section 3791 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(c) Guidelines and resources.—

“(1) IN GENERAL.—The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall develop guidelines and resources on the acquisition or licensing of intellectual property, including—

“(A) model forms for specially negotiated licenses described under section 3774(c) of this title (as appropriate); and

“(B) an identification of definitions, key terms, examples, and case studies that resolve ambiguities in the differences between—

“(i) detailed manufacturing and process data;

“(ii) form, fit, and function data; and

“(iii) data required for operations, maintenance, installation, and training.

“(2) CONSULTATION.—In developing the guidelines and resources described in paragraph (1), the Secretary shall regularly consult with appropriate persons.”.

SEC. 824. Compliance procedures for investigating the prohibition on criminal history inquiries by Federal contractors prior to conditional offer.

(a) Defense contracts.—Section 4657 of title 10, United States Code, is amended—

(1) by amending subsection (b) to read as follows:

“(b) Compliance.—

“(1) PROCEDURES FOR SUBMISSION OF COMPLAINT.—The Secretary of Defense shall establish, and make available to the public, procedures under which an applicant for a position with a Department of Defense contractor may submit to the Secretary a complaint, or any other information, relating to compliance by the contractor with subsection (a)(1)(B).

“(2) INVESTIGATION OF COMPLIANCE.—In addition to the authority to investigate compliance by a contractor with subsection (a)(1)(B) pursuant to a complaint submitted under paragraph (1) of this subsection, the Secretary of Defense may investigate compliance with subsection (a)(1)(B) in conducting a compliance evaluation under section 60–1.20, 60–300.60, or 60–741.60 of title 41, Code of Federal Regulations (or any successor regulation).”; and

(2) in subsection (c)—

(A) in paragraph (1)—

(i) by inserting “, based upon the results of a complaint investigation or compliance evaluation conducted by the Secretary of Defense under section 60–1.20, 60–300.60, or 60–741.60 of title 41, Code of Federal Regulations (or any successor regulation)” after “determines”;

(ii) in subparagraph (C), by striking “warning” and inserting “notice”; and

(B) in paragraph (2)—

(ii) by inserting “as may be necessary” after “Federal agencies”; and

(iii) by striking subparagraph (C) and inserting the following:

“(C) taking an action to impose a sanction described under section 202(7) of Executive Order 11246 (related to equal employment opportunity) and section 60–1.27 of title 41, Code of Federal Regulations (or any successor regulation).”.

(b) Civilian agency contracts.—Section 4714(b) of title 41, United States Code, is amended—

(1) by amending subsection (b) to read as follows:

“(b) Compliance.—

“(1) PROCEDURES FOR SUBMISSION OF COMPLAINT.—The Secretary of Labor shall establish, and make available to the public, procedures under which an applicant for a position with a Federal contractor may submit to the Secretary a complaint, or any other information, relating to compliance by the contractor with subsection (a)(1)(B).

“(2) INVESTIGATION OF COMPLIANCE.—In addition to the authority to investigate compliance by a contractor with subsection (a)(1)(B) pursuant to a complaint submitted under paragraph (1) of this subsection, the Secretary of Labor may investigate compliance with subsection (a)(1)(B) in conducting a compliance evaluation under section 60–1.20, 60–300.60, or 60–741.60 of title 41, Code of Federal Regulations (or any successor regulation).”; and

(2) in subsection (c)—

(A) in paragraph (1)—

(i) by striking “head of an executive agency” and inserting “Secretary of Labor”;

(ii) by inserting “, based upon the results of a complaint investigation or compliance evaluation conducted by the Secretary of Labor under section 60–1.20, 60–300.60, or 60–741.60 of title 41, Code of Federal Regulations (or any successor regulation)” after “determines”;

(iii) by striking “such head” and inserting “the Secretary of Labor”; and

(iv) in subparagraph (C), by striking “warning” and inserting “notice”; and

(B) in paragraph (2)—

(i) by striking “head of an executive agency” and inserting “Secretary of Labor”;

(iii) by striking “such head” and inserting “the Secretary of Labor”;

(iv) by inserting “as may be necessary” after “Federal agencies”; and

(v) by striking subparagraph (C) and inserting the following:

(c) Effective date.—This Act, and the amendments made by this Act, shall apply with respect to contracts awarded on or after December 20, 2022.

SEC. 825. Reestablishment of Commission on Wartime Contracting.

(a) In general.—There is hereby reestablished in the legislative branch under section 841 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 230) the Commission on Wartime Contracting.

(b) Amendment to duties.—Section 841(c)(1) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 231) is amended to read as follows:

“(1) GENERAL DUTIES.—The Commission shall study the following matters:

“(A) Federal agency contracting funded by overseas contingency operations funds.

“(B) Federal agency contracting for the logistical support of coalition forces operating under the authority of the 2001 or 2002 Authorization for the Use of Military Force.

“(C) Federal agency contracting for the performance of security functions in countries where coalition forces operate under the authority of the 2001 or 2002 Authorization for the Use of Military Force.”.

(c) Conforming amendments.—Section 841 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 230) is amended—

(1) in subsection (b)—

(A) in paragraph (1), by striking “the Committee on Oversight and Government Reform” each place it appears and inserting “the Committee on Oversight and Reform”;

(B) in paragraph (2), by striking “of this Act” and inserting “of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2023”; and

(C) in paragraph (4), by striking “was first established” each place it appears and inserting “was reestablished by the National Defense Authorization Act for Fiscal Year 2023”; and

(2) in subsection (d)(1), by striking “On March 1, 2009” and inserting “Not later than one year after the date of enactment of the National Defense Authorization Act for Fiscal Year 2023”.

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

“(11) ensure participation in the public-private talent exchange program established under section 1599g of this title—

“(A) for a total of 100 members of the acquisition workforce in fiscal year 2024;

“(B) for a total of 500 such members in fiscal year 2025; and

“(C) for a total of 1,000 such members in fiscal year 2026 and each fiscal year thereafter.”.

(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.”.

(1) REPORT ON PUBLIC-PRIVATE TALENT EXCHANGES.—Section 1599g of title 10, United States Code, is amended by adding at the end the following new subsection:

“(k) Report.—Each member of the acquisition workforce that participates in the program established under this section shall, upon completion of such participation, submit to the President of the Defense Acquisition University for inclusion in the report required under section 1746a(e) a description and evaluation of such participation.”.

(2) REPORT ON ACQUISITION WORKFORCE EDUCATIONAL PARTNERSHIPS.—Section 1746a(e) of title 10, United States Code, is amended by striking “and the congressional defense committees” and inserting “, the congressional defense committees, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Government Affairs of the Senate”.

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

(2) in subsection (c), by striking “commercial training providers” and inserting “extramural institutions (as defined in section 1746a(g) of this title)”; and

(3) by adding at the end the following new subsection:

“(e) President appointment.— (1) The Under Secretary of Defense for Acquisition and Sustainment shall appoint the President of the Defense Acquisition University.

“(2) When determining who to appoint under paragraph (1), the Under Secretary of Defense for Acquisition and Sustainment shall, in consultation with the Under Secretary of Defense for Research and Engineering and the service acquisition executives, consider only highly qualified candidates who have—

“(A) demonstrated leadership abilities;

“(B) experience using leading practices to develop talent in the private sector; and

“(C) other qualifying factors, including experience with and an understanding of the defense acquisition system (as defined in section 3001 of this title), an understanding of emerging technologies and the defense applications of such technologies, experience partnering with States, national associations, and academia, and experience with learning technologies.

“(3) The term of the President of the Defense Acquisition University shall be not more than five years. The preceding sentence does not apply to the President of the Defense Acquisition University serving on January 1, 2022.”.

(b) Implementation report.—Not later than March 1, 2023, the Secretary of Defense shall submit to the congressional defense committees a plan to modify the defense acquisition university structure to comply with section 1746(b)(2) of title 10, United States Code, as amended by subsection (a). Such plan shall establish a date of not later than March 1, 2026, for such modification to be completed.

SEC. 833. Modifications to Defense Civilian Training Corps.

Section 2200g of title 10, United States Code, is amended—

(1) by striking “For the purposes of” and all that follows through “establish and maintain” and inserting the following: “The Secretary of Defense, acting through the Under Secretary for Defense for Acquisition and Sustainment, shall establish and maintain”;

(2) by designating the text of such section, as amended by paragraph (1), as subsection (a); and

(3) by adding at the end the following new subsections:

“(b) Purpose.—The purpose of the Defense Civilian Training Corps is to target critical skills gaps necessary to achieve the objectives of each national defense strategy required by section 113(g) of this title and each national security strategy 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 shall use 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.

“(d) Consultation.—In planning and implementing the Defense Civilian Training Corps program, the Under Secretary of Defense for Acquisition and Sustainment shall consult with the following:

“(1) The Under Secretary of Defense for Research and Engineering, including the Director of the Defense Innovation Unit and the Strategic Engagements Director of the National Security Innovation Network.

“(2) The Chief Digital and Artificial Intelligence Officer (as established by the memorandum of the Deputy Secretary of Defense titled ‘Establishment of the Chief Digital and Artificial Intelligence Officer’ issued on December 8, 2021).

“(3) The Chief Information Officer of the Department of Defense.

“(4) The Under Secretary of Defense for Personnel and Readiness.

“(5) The Secretaries of the military departments.

“(6) The Superintendents of the Service Academies (as defined in section 347 of this title).

“(7) The Commanding General, U.S. Army Cadet Command.

“(8) The Commander, Jeanne M. Holm Center for Officer Accessions and Citizen Development.

“(9) The Commander, Naval Service Training Command.”.

SEC. 834. Repeal of certain provisions relating to acquisition workforce incentives.

(a) Exchange Program for Acquisition Workforce Employees.—Section 884 of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1915; 10 U.S.C. 1701 note) is repealed.

(b) Pilot Program on Temporary Exchange of Financial Management and Acquisition Personnel.—Section 1110 of the National Defense Authorization Act for Fiscal Year 2016 (10 U.S.C. 1701 note) is repealed.

(c) Flexibility in Contracting Award Program.—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. 835. Acquisition workforce incentives relating to training on and agreements with certain software businesses.

(a) Training.—

(1) CURRICULA.—Not later than one year after the date of the enactment of this Act, the head of the Acquisition Innovation Research Center shall develop one or more curricula for members of the acquisition workforce on financing and operations of start-up businesses, with a focus on covered start-up businesses.

(2) ELEMENTS.—Courses under curricula developed 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 under paragraph (1).

(4) ADDITIONAL TRAINING MATERIALS.—In developing curricula required under paragraph (1), the head of the Acquisition Innovation Research Center shall consider and incorporate appropriate training materials from curricula in business, law, or public policy.

(b) Exchanges.—

(1) IN GENERAL.—The Secretary of Defense shall establish a pilot program under which the Secretary shall, in accordance with section 1599g of title 10, United States Code, arrange for the temporary assignment of one or more members of the acquisition workforce to a covered start-up business, or from a covered start-up business to an office of the Department of Defense.

(2) PRIORITY.—The Secretary shall prioritize for participation in the pilot program established under this subsection members of the acquisition workforce who have completed a curricula 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.

(1) IN GENERAL.—The Secretary of Defense shall organize a conference, to take place not less frequently than biannually, to facilitate discussion between participants listed in subsection (b) on the following:

(A) Best practices relating to acquisition of software.

(B) Methods of effective collaboration between such participants.

(2) PARTICIPANTS.—Participants in a conference organized under paragraph (1) may include the following:

(A) Members of the acquisition workforce.

(B) Employees of and investors in covered start-up businesses.

(d) Pilot program.—

(1) ESTABLISHMENT.—Not later than 18 months after the date of the enactment of this Act, the Secretary of Defense shall establish a pilot program to test the feasibility of unique approaches to negotiating and establishing software data rights in agreements for the procurement of software.

(2) AUTHORITY.—To the maximum extent practicable, the Secretary shall—

(A) ensure that a member of the acquisition workforce who has completed a curricula 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 agreement described in paragraph (1) shall include the following:

(A) Flexible requirements relating to the acquisition or licensing of intellectual property based on the software to be acquired under the agreement.

(B) An identification and definition of the technical interoperability standards required for such software.

(C) Flexible mechanisms for delivery of code for such software, where each such mechanism includes documentation of the costs and benefits of such mechanism.

(4) PARAMETERS.—The United States shall seek to avoid asserting unlimited rights or government purpose rights to software acquired under an agreement entered into pursuant to the pilot program established under this section.

(5) TERMINATION.—The Secretary may not carry out the pilot program authorized by this subsection after the date that is 5 years after the date of the enactment of this Act.

(e) Definitions.—In this section:

(1) The term “Acquisition Innovation Research Center” means the acquisition research organization within a civilian college or university that is described under section 4142(a) of title 10, United States Code.

(2) The term “acquisition workforce” has the meaning given in section 101 of title 10, United States Code.

(3) The term “covered start-up businesses” means a start-up business that is a party to, or is seeking to enter into, an agreement with the Department of Defense, the products and services of which include software as a substantial component of the offer for such agreement.

(4) The term “start-up business” means a business that is not publicly traded and that has not been acquired by a prime contractor.

SEC. 841. 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

“(2) demonstrate management practices that improve the schedule or performance, reduce the costs, or otherwise support the transition of technology into acquisition programs or operational use.”;

(2) in subsection (b), by striking “of research results, technology developments, and prototypes”;

(3) in subsection (d), by striking “to acquire, support, or stimulate basic, advanced and applied research, technology development, or prototype projects”;

(4) in subsection (f), by striking “section 2304” and inserting “chapter 221”; and

(5) in subsection (g)(2)—

(A) by redesignating subparagraphs (B) and (C) as subparagraphs (D) and (E), respectively; and

(B) by inserting after subparagraph (A) the following new subparagraphs:

“(B) if applicable, a summary of the management practice that contributed to an improvement to schedule or performance or a reduction in cost relating to the transition of technology;

“(C) an identification of any program executive officer (as defined in section 1737 of this title) responsible for implementation or oversight of research results, technology development, prototype development, or management practices (as applicable) for which an award was made under this section, and a brief summary of lessons learned by such program executive officer in carrying out such implementation or oversight;”.

SEC. 842. Congressional notification for pilot program to accelerate the procurement and fielding of innovative technologies.

Section 834 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1835; 10 U.S.C. 4061 note) is amended—

(1) by redesignating subsection (f) as subsection (g); and

(2) by inserting after subsection (e) the following new subsection:

“(f) Congressional notification.—The Secretary of Defense shall notify 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. 843. Curricula on software acquisitions and cybersecurity software or hardware acquisitions for covered individuals.

(a) Curricula.—The President of the Defense Acquisition University, shall develop 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) operational efforts of United States Cyber Command to combat cyber threats;

(4) mission requirements and current capabilites and systems of United States Cyber Command;

(5) 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

(6) the industry best practices relating to software acquisitions and cybersecurity software or hardware acquisitions.

(c) Plan.—Not later than 180 days after enactment of this Act, the Secretary of Defense, in consultation with the President of the Defense Acquisition University, shall submit to Congress a comprehensive plan to implement the curricula developed under subsection (a). Such plan shall include a list of resources required for and costs associated with such implementation, including—

(1) curriculum development;

(2) hiring instructors to teach the curriculum;

(3) facilities; or

(4) website development.

(d) Implementation.—Not later than one year after the date on which the plan described in subsection (d) is submitted to Congress, the President of the Defense Acquisition University shall offer the curricula developed under subsection (a) to covered individuals.

(e) Report.—Not later than one year after the date on which the plan described in subsection (d) is submitted to Congress, Secretary of Defense, in consultation with the President of the Defense Acquisition University, shall submit to Congress a report assessing the costs and benefits of requiring all covered individuals to complete the curricula developed under subsection (a).

(f) Covered individuals defined.—In this section, the term “covered individuals” means—

(1) a contracting officer of the Department of Defense with responsibilities are related to software acquisitions or cybersecurity software or hardware acquisitions; or

(2) a 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. 844. Report on covered software development.

(a) Report.—Not later than one year after the date of the enactment of this Act, and annually thereafter through 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 each such covered software being developed using iterative development, the frequency with which capabilities of such covered software were delivered, disaggregated as follows:

(A) Covered software for which capabilities were delivered during period of less than three months.

(B) Covered software for which capabilities were delivered during period of more than three months and less than six months.

(C) Covered software for which capabilities were delivered during period of more than six months and less than nine months.

(D) Covered software for which capabilities were delivered during period of more than nine months and less than 12 months.

(4) With respect to covered software described in paragraph (2) 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);

(B) is a covered defense business system, as defined in section 2222(i) of title 10, United States Code;

(D) is a major system, as defined in section 3041 of such title.

(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 115–91; 131 Stat. 1509; 10 U.S.C. 1746 note).

SEC. 845. Other transaction authority clarification.

Section 4022 of title 10, United States Code, is amended—

(1) in subsection (a)(1)—

(A) by striking “military personnel and the supporting” and inserting “personnel of the Department of Defense or improving”; and

(B) by striking “or materials in use” and inserting “materials, or installations in use”; and

(2) in subsection (e), by adding at the end the following new paragraph:

“(3) The term ‘prototype project’ means 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, creation, design, development, or demonstration of operational utility; or

“(E) any combination of subparagraphs (A) through (D).”.

SEC. 846. Existing agreement limits for Operation Warp Speed.

(a) In general.—Any award made to a consortium under section 4022 of title 10, United States Code, by the Department of Defense on or after March 1, 2020, to address the COVID–19 pandemic through vaccines and other therapeutic measures using funds made available under a covered award shall not be counted toward any limit established prior to March 1, 2020, on the total estimated amount of all projects to be issued for a specified fiscal year (except that such funds shall count toward meeting any guaranteed minimum value).

(b) Follow-on contracts.—The Secretary of Defense may not award a follow-on contract, agreement, or grant for any award described in subsection (a)—

(1) until the limit described in subsection (a) has been reached;

(2) until the term of the award described in subsection (a) has expired; or

(3) unless such follow-on contract, agreement, or grant is made accordance with the terms and conditions of the award described in subsection (a).

(c) Covered award defined.—In this section, the term “covered award” means an award made in support of the efforts led by the Department of Health and Human Services and the Department of Defense, known as Operation Warp Speed, to accelerate the development, acquisition, and distribution of vaccines and other therapies to address the COVID–19 pandemic, and any successor efforts.

SEC. 851. Recognition of an association of eligible entities that provide procurement technical assistance.

(a) 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.

(b) Cooperative agreements.—Section 4954 of title 10, United States Code, is amended by adding at the end the following new subsections:

“(f) Association recognition and duties.—Eligible entities that provide procurement technical assistance pursuant to this chapter may form an association to pursue matters of common concern. If more than a majority of such eligible entities are members of such an association, the Secretary shall—

“(1) recognize the existence and activities of such an association; and

“(2) jointly develop with such association a model cooperative agreement that may be used at the option of the Secretary and an eligible entity.”.

(c) Funding.—Section 4955(a)(1) of title 10, United States Code, is amended by striking “$1,000,000” and inserting “$1,500,000”.

(d) 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)—

(i) by striking “Director” and inserting “Secretary”; and

(ii) by striking “entities —” and inserting “entities—”; and

(B) in subparagraph (A), by inserting “, including meetings of an association recognized under section 4954(f),” after “meetings”.

SEC. 852. Update to plan on reduction of reliance on services, supplies, or materials from covered countries.

Section 847 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1843; 10 U.S.C. 4811 note) is amended—

(1) in subsection (b), by adding at the end the following: “The report shall—

“(1) identify the services, supplies, or materials described in subsection (a) that are necessary to meet critical defense requirements in the event of a crisis or conflict;

“(2) assess the priority of such services, supplies, and materials; and

“(3) provide options for reducing the reliance of the United States on services, supplies, or materials obtained from sources located in geographic areas controlled by covered countries.”;

(2) by redesignating subsection (c) as subsection (e); and

(3) by inserting after subsection (b) the following new subsections:

“(c) Biennial review.—

“(1) IN GENERAL.—Not later than two years after the date on which the Secretary of Defense submits the report under subsection (b), and every two years thereafter, the Secretary shall review and update the plan required under subsection (a) to ensure that the plan continues to accomplish the goals described in such subsection.

“(2) REPORT.—

“(A) IN GENERAL.—Not later than 90 days after the Secretary of Defense completes a review under paragraph (1), the Secretary shall submit to the congressional defense committees a report on such review, including—

“(i) a description of the steps taken to implement the plan required under subsection (a);

“(ii) a description of, and explanation for, any updates made to such plan under paragraph (1); and

“(iii) an updated assessment of the priority of the services, supplies, or materials described in subsection (a) that are necessary to meet critical defense requirements in the event of a crisis or conflict.

“(B) SUNSET.—This paragraph shall terminate on the date that is six years after the date on which the Secretary submits the first report required under subparagraph (A).

“(d) Report form.—The reports required under subsection (b) and (c)(2) shall be submitted in an unclassified form, but may contain a classified annex.”.

SEC. 853. Modification to prohibition on certain procurements from the Xinjiang Uyghur Autonomous Region.

Section 848(a) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 4651 note prec.; 135 Stat. 1843) is amended by striking “for fiscal year 2022”.

SEC. 854. Codification of the Department of Defense Mentor–Protege Program.

(a) In general.—Section 831 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 4901 note prec.) is transferred to subchapter I of chapter 387 of title 10, United States Code, inserted after section 4901, and redesignated as section 4902.

(b) Amendments.—Section 4902 of title 10, United States Code, as so transferred and redesignated, is amended—

(1) in the heading, by striking “Mentor-Protege Pilot” and inserting “Department of Defense Mentor-Protege”;

(2) in subsections (a) and (c), by striking the term “pilot” each place it appears;

(3) 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)”;

(4) in subsection (e)(2), by striking “two years” each place it appears and inserting “three years”;

(5) in subsection (f)(1)(B), by inserting “manufacturing, test and evaluation,” after “inventory control,”;

(6) in subsection (g)(3)(C), by striking “subsection (k)” and inserting “subsection (j)”;

(7) by striking subsection (j);

(8) by redesignating subsections (k) through (n) as subsections (j) through (m), respectively;

(9) in subsection (j), as so redesignated—

(A) by striking the term “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.”;

(10) in subsection (l), as so redesignated, by striking “subsection (l)” and inserting “subsection (k)”;

(11) by amending subsection (m), as so redesignated, to read as follows:

“(m) Transition report.—Not later than July 1, 2023, the Secretary of Defense shall submit to the congressional defense committees a report on the implementation of the amendments to the Mentor-Protege Program made in the National Defense Authorization Act for Fiscal Year 2023, including the efforts made to establish performance goals and outcome-based metrics and an evaluation of whether the Mentor-Protege Program is achieving such performance goals and outcome-based metrics.”; and

(12) by inserting after subsection (m), as so redesignated, the following new subsection:

“(n) Protege technical reimbursement pilot program.—

“(1) IN GENERAL.—Not later than July 1, 2023, the Director of the Office of Small Business Programs of the Department of Defense 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 engineering, software development, or manufacturing customization that the protege firm must perform for a technology solution of the protege firm to be ready for integration with programs or systems of the Department of Defense.

“(2) 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.”.

(c) Clerical amendment.—The table of sections for subchapter I of chapter 387 of title 10, United States Code, is amended by adding at the end the following new item:

“4902. Department of Defense Mentor–Protege Program.”.

(d) Conforming amendment.—

(1) BUY INDIAN ACT.—Section 23(a)(2) of the Act of June 25, 1910 (commonly known as the “Buy Indian Act”) (36 Stat. 861, 25 U.S.C. 47(a)(2)) is amended by striking “section 831(c) of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 2302 note; Public Law 101–510)” and inserting “section 4902(c) of title 10, United States Code”.

(2) SMALL BUSINESS ACT.—Section 8(d)(12) of the Small Business Act (15 U.S.C. 637(d)(12)) is amended—

(A) by striking “the pilot Mentor-Protege Program established pursuant to section 831 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2301 note)” and inserting “the Mentor-Protege Program established under section 4902 of title 10, United States Code,”; and

(B) by striking “subsection (g)” and inserting “subsection (f)”.

(e) 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.

(f) 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) prior to the date of the enactment of this Act.

SEC. 855. Microloan program; definitions.

Paragraph (11) of section 7(m) of the Small Business Act (15 U.S.C. 636(m)(11)) is amended—

(1) in clause (ii) of subparagraph (C), by striking “rural” and all that follows to the end of the clause and inserting “rural;”;

(2) in subparagraph (D), by striking the period at the end and inserting “; and”; and

(3) by adding at the end the following new subparagraph:

“(E) the term ‘State’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa.”.

SEC. 856. Small Business Innovation Program extension.

Section 9 of the Small Business Act (15 U.S.C. 638) is amended by striking “2022” each place it appears and inserting “2024”.

SEC. 857. Prohibition on covered airport contracts with certain entities.

(a) In general.—The Secretary of Defense may not award a contract for the procurement of infrastructure or equipment for a passenger boarding bridge at a covered airport to a covered contractor.

(b) Definitions.—In this section:

(1) The term “covered airport” means a military airport designated by the Secretary of Transportation under section 47118(a) of title 49, United States Code.

(2) The term “covered contractor” means a contractor of the Department of Defense—

(A) that—

(i) is owned, directed, or subsidized by the People’s Republic of China; and

(ii) has been determined by a Federal court to have misappropriated intellectual property or trade secrets from an entity organized under the laws of the United States or any jurisdiction within the United States; and

(B) that—

(i) owns or controls, is owned or controlled by, is under common ownership or control with, or is a successor to an entity described in subparagraph (A); or

(ii) has entered into an agreement, partnership, or other contractual arrangement with such an entity; or

(iii) has accepted funding (regardless of whether such funding is in the form of minority investment interest or debt) from such an entity.

SEC. 858. Risk management for Department of Defense supply chains.

(a) Risk management for all Department of Defense supply chains.—Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall—

(1) develop and issue implementing guidance for risk management for Department of Defense supply chains for materiel for the Department, including pharmaceuticals;

(2) identify, in coordination with the Commissioner of Food and Drugs, supply chain information gaps regarding reliance on foreign suppliers of drugs, including active pharmaceutical ingredients and final drug products; and

(3) submit to Congress 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

(i) information gaps identified under paragraph (2); and

(ii) any risks related to such reliance on foreign suppliers.

(b) Risk management for Department of Defense pharmaceutical supply chain.—The Director of the Defense Health Agency shall—

(1) not later than one year after the issuance of the guidance required by subsection (a)(1), develop and publish implementing guidance for risk management for the Department of Defense supply chain for pharmaceuticals; and

(2) establish a working group—

(A) to assess risks to the pharmaceutical supply chain;

(B) to identify the pharmaceuticals most critical to beneficiary care at military treatment facilities; and

(c) Responsiveness testing of Defense Logistics Agency pharmaceutical contracts.—The Director of the Defense Logistics Agency shall modify Defense Logistics Agency Instructions 5025.03 and 3110.01—

(1) to require Defense Logistics Agency Troop Support to coordinate annually with customers in the military departments to conduct responsiveness testing of the Defense Logistics Agency’s contingency contracts for pharmaceuticals; and

(2) to include the results of that testing, as reported by customers in the military departments, in the annual reports of the Warstopper Program.

SEC. 859. Review of advances in domestic production of carbon fiber.

(a) Review required.—The Secretary of Defense shall conduct a review of the Department of Defense carbon fiber requirements necessary for current and future weapon system production and sustainment, including—

(1) an examination of the access to domestically produced carbon fiber to meet the requirements of the Department; and

(2) a review of developments in advanced carbon fiber production processes that can—

(A) lower embedded energy consumption and improve sustainability;

(B) enable scalable production of carbon fiber and lower production costs; and

(b) Report.—Not later than June 1, 2023, the Secretary of Defense shall provide to the congressional defense committees a report of the findings of the review described in subsection (a), including any recommendations the Secretary may have for ensuring the Department of Defense access to sustainable, affordable, and domestically produced carbon fiber.

SEC. 859A. Extension of transfer date for the verification of small business concerns owned and controlled by veterans or service-disabled veterans to the Small Business Administration.

Section 862(a) of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 15 U.S.C. 657f) by striking “means” and all that follows through the period at the end and inserting “means January 1, 2024.”.

SEC. 859B. Application of price evaluation preference for qualified HUBZone small business concerns to certain contracts.

(a) In general.—Section 31(c)(3) of the Small Business Act (15 U.S.C. 657a(c)(3)) is amended by adding at the end the following new subparagraph:

“(E) APPLICATION TO CERTAIN CONTRACTS.—The requirements of subparagraph (A) shall apply to an unrestricted order issued under an unrestricted multiple award contract or the unrestricted portion of a contract that is partially set aside for competition restricted to small business concerns.”.

(b) Rulemaking.—Not later than 90 days after the date of the enactment of this section, the Administrator of the Small Business Administration shall revise any rule or guidance to implement the requirements of this section.

SEC. 859C. Codification of Small Business Administration scorecard.

(a) In general.—Section 868(b) 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 paragraph (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) in the matter preceding subparagraph (A)—

(i) by striking “developed under paragraph (1)”; and

(ii) by inserting “and Governmentwide” after “each Federal agency”; and

(B) in subparagraph (A), by striking “section 15(g)(1)(B) of the Small Business Act (15 U.S.C. 644(g)(1)(B))” and inserting “subsection (g)(1)(B)”;

(6) in paragraph (3) (as so redesignated)—

(A) in subparagraph (A), by striking “paragraph (3)(A)” and inserting “paragraph (2)(A)”; and

(B) in subparagraph (B), by striking “paragraph (3)” and inserting “paragraph (2)”;

(7) by inserting after paragraph (3) (as so redesignated) the following new paragraph:

“(4) ADDITIONAL REQUIREMENTS FOR SCORECARDS.—The scorecard shall include, for each Federal agency and Governmentwide, the following information with respect to prime contracts:

“(A) The number (expressed as a percentage) and total dollar amount of awards made to small business concerns owned and controlled by women through sole source contracts and competitions restricted to small business concerns owned and controlled by women under section 8(m).

“(B) The number (expressed as a percentage) and total dollar amount of awards made to small business concerns owned and controlled by qualified HUBZone small business concerns through sole source contracts and competitions restricted to qualified HUBZone small business concerns under section 31(c)(2).

“(C) The number (expressed as a percentage) and total dollar amount of awards made to small business concerns owned and controlled by service-disabled veterans through sole source contracts and competitions restricted to small business concerns owned and controlled by service-disabled veterans under section 36.

“(D) The number (expressed as a percentage) and total dollar amount of awards made to socially and economically disadvantaged small business concerns under section 8(a) through sole source contracts and competitions restricted to socially and economically disadvantaged small business concerns, disaggregated by awards made to such concerns that are owned and controlled by individuals and awards made to such concerns that are owned and controlled by an entity.”;

(8) in paragraph (5), by striking “section 15(h)(2) of the Small Business Act (15 U.S.C. 644(h)(2))” and inserting “subsection (h)(2)”; and

(9) by amending paragraph (6) (as so redesignated) to read as follows:

“(6) SCORECARD DEFINED.—In this subsection, the term ‘scorecard’ means any summary using a rating system to evaluate the efforts of a Federal agency to meet goals established under subsection (g)(1)(B) that—

“(A) includes the measures described in paragraph (2); and

“(B) assigns a score to each Federal agency evaluated.”.

(b) Conforming amendment.—Section 15(x)(2) of the Small Business Act 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. 859D. Modifications to the nonmanufacturer rule.

(a) In general.—Section 8(a)(17) of the Small Business Act (15 U.S.C. 637(a)(17)) is amended by adding at the end the following new subparagraphs:

“(D) DENIALS.—Upon denial of a waiver under subparagraph (B)(iv)(I), the Administrator shall provide a justification of such denial, and if appropriate, make recommendations (including examples) for resubmitting a request for a waiver.

“(E) INFORMATION REQUIRED FOR GRANTED WAIVERS.—A waiver granted under subparagraph (B)(iv)(I) shall include the following information:

“(i) The date on which the waiver terminates.

“(ii) A statement specifying that the contract to supply any product for which the waiver was granted must be awarded prior to the termination date in clause (i).

“(iii) The total dollar value of the products that are subject to the waiver.

“(iv) An exclusive list of specific products identified by the Administrator that are subject to the waiver, regardless of the determination of the contracting officer submitted under such subparagraph.

“(v) A list of actions taken by the contracting Federal agency for which a new such determination shall be required, including—

“(I) modifications to the scope of the contract for which the waiver was granted; and

“(II) modifications to the contract type of such contract.

“(F) MODIFICATIONS.—If a Federal agency modifies a contract for which a waiver was granted under subparagraph (B)(iv)(I) in a manner described in subparagraph (E)(v), the head of such Federal agency shall notify the Administrator and seek a new waiver under subparagraph (B)(iv)(I).”.

(b) Congressional notification and publication.—Not later than 15 days after the date of the enactment of this Act, the Administrator of the Small Business Administration shall publish on a website of the Administration and submit to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate any program guidance or standard operating procedures of the Administration relating to the process by which the Administrator grants waivers under section 8(a)(17)(B)(iv)(I) of the Small Business Act (15 U.S.C. 637(a)(17)(B)(iv)(I)).

SEC. 859E. Study on small business assistance to foreign-based companies.

(a) Study.—The Comptroller General of the United States shall conduct a study to determine the amount of small business assistance that has been received by foreign-based small business concerns during the period beginning on March 1, 2020, and ending on the date of the enactment of this Act.

(b) Report.—

(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the findings of the study conducted under subsection (a), including the amount of small business assistance that has been received by foreign-based small business concerns in total and disaggregated by country of origin.

(2) IDENTIFIABLE OR PROPRIETARY INFORMATION.—The Comptroller General shall ensure that the report submitted under paragraph (1) does not include any identifiable or proprietary information of any foreign-based small business concern.

(1) COUNTRY OF ORIGIN.—The term “country of origin” means the country, other than the United States—

(A) in which a foreign-based small business concern is headquartered;

(B) under the laws of which an entity owning or holding, directly or indirectly, not less than 25 percent of the economic interest of a foreign-based small business concern is organized; or

(C) of which a person owning or holding, directly or indirectly, not less than 25 percent of the economic interest of a foreign-based small business concern is a citizen.

(2) FOREIGN-BASED SMALL BUSINESS CONCERN.—The term “foreign-based small business concern” means a small business concern—

(A) that is headquartered in a country other than the United States; or

(B) for which an entity organized under the laws of a country other than the United States, or a citizen of such a country, owns or holds, directly or indirectly, not less than 25 percent of the economic interest of the small business concern, including as equity shares or a capital or profit interest in a limited liability company or partnership.

(3) SMALL BUSINESS ASSISTANCE.—The term “small business assistance” means any Federal funds and other benefits available to small business concerns under programs administered by the Small Business Administration, including—

(A) loans, whether directly or indirectly made;

(B) grants; and

(4) 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. 859F. Report on strategic and critical materials.

(a) Findings.—Congress finds that the annex provided by the Department of Defense under section 851 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3773) did not contain every element required under such section.

(b) Report required.—Not later than June 1, 2023, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing strategic and critical materials requirements of the Department of Defense, including the gaps and vulnerabilities in supply chains of such materials.

(c) Elements.—The Under Secretary of Defense for Acquisition and Sustainment shall include in the report required by subsection (b) the following:

(1) The overall annual tonnage of each strategic or critical material used by the Department of Defense during the 10-year period ending on December 31, 2021.

(2) An evaluation of the benefits of a robust domestic supply chain for strategic and critical materials.

(3) An evaluation of the effects of the use of waivers by the Strategic Materials Protection Board established under section 187 of title 10, United States Code, on the domestic supply of strategic and critical materials.

(4) An identification of the improvements to the National Defense Stockpile that are required to further ensure that the Department of Defense has access to strategic and critical materials, aligning the goals of the stockpile with those of the Department and prioritize existing and future needs for emerging technologies.

(5) An evaluation of the domestic processing and manufacturing capacity required to supply strategic and critical materials to the Department of Defense, including identifying, in consultation with the Director of the United States Geological Survey, domestic locations of proven sources of such strategic and critical materials with existing commercial manufacturing capabilities.

(6) An identification of all minerals that are strategic and critical materials, and supply chains for such minerals, that originate in or pass through the Russian Federation.

(7) An evaluation of the process required to immediately halt the procurement of minerals described in paragraph (6) or products by the Government without adversely affecting national security.

(8) Any limits on the availability of information preventing or limiting the Under Secretary from fully addressing an element described in paragraphs (1) through (7) in the report.

(9) Any legislative recommendations, statutory authority, or appropriations necessary to improve the ability of the Department to monitor and address its strategic and critical materials requirements.

(d) Form.—The report required in subsection (b) shall be submitted in unclassified form but may include a classified annex.

(e) 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).

SEC. 859G. Report and modification to the national technology and industrial base.

(a) 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,”.

(b) Report required.—Not later than March 1, 2023, the Secretary of Defense (or a designee) shall brief the Committees on Armed Services of the House of Representatives and the Senate on integration of the national technology and industrial base (as defined in section 4801 of title 10, United States Code). The report shall include, at a minimum, the following elements:

(1) Progress towards implementation of the plan to increase integration of the national technology and industrial base developed pursuant to section 881(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2501 note).

(2) Examples of successful cross border integration under the national technology and industrial base that has enhanced national security and reduced barriers to collaboration.

(3) Recommendations for improving the integration of the national technology and industrial base.

SEC. 859H. Sense of Congress on modernizing defense supply chain management.

(a) Findings.—Congress finds the following:

(1) The continued modernize Department of Defense supply chain management using private sector best practices where applicable is imperative to run effective domestic and overseas operations, ensure timely maintenance, and sustain military forces.

(2) Congress supports the continued development and integration by the Secretary of Defense of advanced digital supply chain management and capabilities. These capabilities should include tools that digitize data flows in order to transition from older, inefficient manual systems, modernize warehouse operations of the Department of Defense to use digitized data management and inventory control, and maximize cybersecurity protection of logistics processes.

(b) Sense of Congress.—It is the sense of Congress that, to meet the unique needs of the Department of Defense regarding continuity of supply chain management in both garrison and deployed or austere environments, the Department must prioritize digital supply chain management solutions that use durable devices and technologies designed to operate in remote regions with limited network connectivity.

SEC. 859I. Prohibition on the use of LOGINK.

(a) Prohibition.—

(1) IN GENERAL.—The Secretary of Defense, each Secretary of a military department, and a defense contractor may not use LOGINK.

(2) APPLICABILITY.—With respect to defense contractors, the prohibition in subsection (a) shall apply—

(A) with respect to any contract of the Department of Defense entered into on or after the date of the enactment of this section;

(B) with respect to the use of LOGINK in the performance of such contract.

(b) Contracting prohibition.—

(1) IN GENERAL.—The Secretary of Defense and each Secretary of a military department may not enter into any contract with an entity that uses LOGINK and shall prohibit the use of LOGINK in any contract entered into by the Department of Defense.

(2) DEFENSE CONTRACTOR.—With respect to any contract of the Department of Defense, a defense contractor may not enter into a subcontract with an entity that uses LOGINK.

(3) APPLICABILITY.—This subsection applies with respect to any contract entered into on or after the date of the enactment of this section.

(c) LOGINK defined.—In this section, the term “LOGINK” means the public, open, shared logistics information network known as the National Public Information Platform for Transportation & Logistics by the Ministry of Transport of China.

SEC. 859J. Report on transition to Phase III for Small Business Innovation Research and Small Business Technology Transfer program awards.

(a) Report required.—On an annual basis, each Secretary of a military department (as defined in section 101 of title 10, United States Code) shall collect and submit to the President for inclusion in each budget submitted to Congress under section 1105 of title 31, United States Code, data on the Phase I, Phase II, and Phase III awards under the SBIR and STTR programs of the military department of the Secretary for the immediately preceding five fiscal years, including—

(1) the aggregate funding amount for Phase III awards in relevant program offices, as selected by the each Secretary of a military department;

(2) the change in Phase III funding during the period covered by the report such selected program offices;

(3) the number of SBIR awards made by such selected program offices in under 180 days during the period covered by the report; and

(4) where possible, an identification of specific recommendations from each Secretary of a military department on opportunities to identify and expand best practices that demonstrate growth in Phase III award funding.

(b) Definitions.—In this section, the terms “Phase I”, “Phase II”, “Phase III”, “SBIR”, and “STTR” have the meanings given those terms, respectively, in section 9(e) of the Small Business Act (15 U.S.C. 638(e)).

SEC. 859K. Extension of participation in 8(a) program.

(a) In general.—A covered small business concern may, subject to the regulations issued by the Administrator of the Small Business Administration under subsection (b), elect to extend the period in which such covered small business concern participates in the program established under section 8(a) of such Act (15 U.S.C. 637(a)) by one year.

(b) Emergency rulemaking authority.—Not later than 45 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall issue regulations to carry out this section without regard to the notice requirements under section 553(b) of title 5, United States Code.

(1) IN GENERAL.—In this section, the term “covered small business concern” means a small business concern (as defined under section 3 of the Small Business Act (15 U.S.C. 632)) that—

(A) participated in the program established under section 8(a) of the Small Business Act (15 U.S.C. 637(a)) at any point during the period beginning on September 10, 2020, and ending on the date of the enactment of this Act, including a small business concern that graduated during such period;

(B) was not terminated or early graduated from such program during such period; and

(C) did not voluntarily elect to cease participating in such program during such period as an alternative to termination or early graduation from such program, as determined by the Administrator of the Small Business Administration.

SEC. 859L. Access to contract bundling data.

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) DEFINITIONS.—In this subsection:

“(A) BUNDLED CONTRACT.—The term ‘bundled contract’ has the meaning given such term in section 3(o) of the Small Business Act (15 U.S.C. 632(o)).

“(B) CONSOLIDATED CONTRACT.—The term ‘consolidated contract’ means a contract resulting from the consolidation of contracting requirements (as defined in section 44(a) of the Small Business Act (15 U.S.C. 657q(a))).”;

(2) in paragraph (4)—

(A) in the heading, by inserting “and consolidation” after “bundling”;

(B) in subparagraph (A), by inserting “and consolidation” after “contract bundling”; and

(i) in clause (i), by inserting “or consolidated” after “of bundled”; and

(ii) in clause (ii)—

(I) in the matter preceding subclause (I), by inserting “or consolidated” after “previously bundled”;

(II) in subclause (I), by inserting “or consolidated” after “were bundled”; and

(III) in subclause (II)—

(aa) by inserting “or consolidated” after “to each bundled”;

(bb) in item (aa), by inserting “or consolidation” after “the bundling”;

(cc) in item (bb), by inserting “or consolidating” after “by bundling”;

(dd) in item (cc), by inserting “or consolidated” after “the bundled”;

(ee) in item (dd), by inserting “or consolidating” after “the bundling”; and

(ff) in item (ee)—

(AA) by inserting “or consolidating” after “the bundling”; and

(BB) by inserting “bundled or” after “as prime contractors for the”; and

(3) in paragraph (5)(B), by striking “provide, upon request” and all that follows and inserting the following: “provide to the Administration procurement information referred to in this subsection for the contracting agency, including the data and information described in paragraph (2) and the information described in paragraph (4).”.

SEC. 859M. Report on small business concerns owned and controlled by women.

(a) In general.—Section 8(m) of the Small Business Act (15 U.S.C. 637(m)) is amended by adding at the end the following new paragraph:

“(9) REPORT.—Not later than May 1, 2023, and annually thereafter, the Administrator shall submit to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report on small business concerns owned and controlled by women. Such report shall include, for the fiscal year preceding the date of the report, the following:

“(A) The total number of concerns certified as small business concerns owned and controlled by women, disaggregated by the number of concerns certified by—

“(i) the Administrator; or

“(ii) a national certifying entity approved by the Administrator.

“(B) The amount of fees, if any, charged by each national certifying entity for such certification.

“(C) The total dollar amount and total percentage of prime contracts awarded to small business concerns owned and controlled by women pursuant to paragraph (2) or pursuant to a waiver granted under paragraph (3).

“(D) The total dollar amount and total percentage of prime contracts awarded to small business concerns owned and controlled by women pursuant to paragraphs (7) and (8).

“(E) With respect to a contract incorrectly awarded pursuant to this subsection because it was awarded based on an industry in which small business concerns owned and controlled by women are not underrepresented—

“(i) the number of such contracts;

“(ii) the Federal agencies that issued such contracts; and

“(iii) any steps taken by Administrator to train the personnel of such Federal agency on the use of the authority provided under this subsection.

“(F) With respect to an examination described in paragraph (5)(B)—

“(i) the number of examinations due because of recertification requirements and the actual number of such examinations conducted; and

“(ii) the number of examinations conducted for any other reason.

“(G) The number of small business concerns owned and controlled by women that were found to be ineligible to be awarded a contract under this subsection as a result of an examination conducted pursuant to paragraph (5)(B) or failure to request an examination pursuant to section 127.400 of title 13, Code of Federal Regulations (or a successor rule).

“(H) The number of small business concerns owned and controlled by women that were decertified.

“(I) Any other information the Administrator determines necessary.”.

(b) Technical amendment.—Section 8(m)(2)(C) of the Small Business Act is amended by striking “paragraph (3)” and inserting “paragraph (4)”.

SEC. 859N. Native Hawaiian Organizations.

(a) Competitive thresholds.—Section 8020 of title VIII of division A of the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (15 U.S.C. 637 note) is amended by striking “with agencies of the Department of Defense” and inserting “with agencies and departments of the Federal Government”.

(b) Rulemaking.—Not later than 180 days after the date of enactment of this Act, in order to carry out the amendments made by subsection (a)—

(1) the Administrator of the Small Business Administration, in consultation with the Administrator for Federal Procurement Policy, shall promulgate regulations; and

(2) the Federal Acquisition Regulatory Council established under section 1302(a) of title 41, United States Code, shall amend the Federal Acquisition Regulation.

SEC. 861. Technical correction to effective date of the transfer of certain title 10 acquisition provisions.

(a) In general.—The amendments made by section 1701(e) and paragraphs (1) and (2) of section 802(b) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) shall be deemed to have taken effect immediately before the amendments made by section 1881 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 4293).

(b) Treatment of section 4027 requirements.—An individual or entity to which the requirements under section 4027 of title 10, United States Code, were applicable during the period beginning on January 1, 2022, and ending on the date of the enactment of this Act pursuant to subsection (a) shall be deemed to have complied with such requirements during such period.

SEC. 862. Regulations on use of fixed-price type contracts for major defense acquisition programs.

(a) 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 regulations issued pursuant to section 818 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2329) regarding the use of fixed-price type contracts for a major defense acquisition program.

(b) Elements.—The revisions described in subsection (a) shall require the following:

(1) That 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 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) The limitation in paragraph (1) may be waived on a case-by-case basis by the applicable service acquisition executive. This waiver authority may not be delegated below the level of service acquisition executive.

(1) The term “low-rate initial production” has the meaning given under section 4231 of title 10, United States Code.

(2) The term “milestone decision authority” has the meaning given in section 4211 of title 10, United States Code.

(3) The term “major defense acquisition program” has the meaning given in section 4201 of title 10, United States Code.

(4) The term “Milestone B approval” has the meaning given in section 4172(e) of title 10, United States Code.

SEC. 863. Notification on retention rate policy.

(a) Notice and wait.—A determination of the Secretary of the Navy that a contract for non-nuclear surface ship repair and maintenance made to a private entity requires the Secretary of the Navy to retain more than 1 percent of the overall contract value may only be carried out after the end of a 30-day period beginning on the date on which the congressional defense committees receive the notification from the Secretary of the Navy under subsection (b).

(b) Contents.—The notification described in subsection (a) shall include the following:

(1) A description of the rationale for making such determination.

(2) A description of the potential impact on the defense industrial base because of such determination.

(3) A description of how the Navy plans to use, to a greater extent, the flexibility on retention rates pursuant to chapter 277 of title 10, United States Code.

(1) the date on which the National Defense Authorization Act for Fiscal Year 2024 is enacted; or

(2) September 30, 2023.

SEC. 864. 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 enable employees of innovative technology companies to begin work under contracts more quickly by allowing the Defense Counterintelligence and Security Agency to administer the personal security clearances of the employees of innovative technology companies while the Government completes the adjudication of the facility clearance application of the innovative technology company.

(b) Personal security clearance authority.—

(1) IN GENERAL.—Under the pilot program, the Defense Counterintelligence and Security Agency may nominate and administer the personal security clearances of the employees of an innovative technology company while the Government completes the adjudication of the facility clearance application of the innovative technology company if the innovative technology company is a contractor of the Department of Defense under a contract the performance of which requires that the innovative technology company have access to classified information.

(2) LIMITATION.—Under the pilot program, the Defense Counterintelligence and Security Agency may administer the personal security clearances of employees of not more than—

(A) 25 innovative technology companies in Fiscal Year 2023;

(B) 50 innovative technology companies in Fiscal Year 2024;

(D) 100 innovative technology companies in Fiscal Year 2026; and

(E) 125 innovative technology companies in Fiscal Year 2027.

(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) Report.—

(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, and annually thereafter, the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Intelligence and Security shall jointly submit to the congressional defense committees, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate a report on the progress of the pilot program.

(2) CONTENTS.—Each report required under paragraph (1) shall include—

(A) an assessment of—

(i) the extent to which the authority under the pilot program has been used; and

(ii) the usefulness of such authority;

(B) the number of innovative technology companies for which the Defense Counterintelligence and Security Agency administered a personal security clearance of an employee under the pilot program;

(D) an analysis of the demand for additional innovative technology companies to participate in the pilot program, including who may have been excluded from the program due to the limitation in subsection (b)(2);

(E) the length of time required for the facility clearance adjudication of each innovative technology company for which the Defense Counterintelligence and Security Agency administered a personal security clearance of an employee under the pilot program;

(F) an estimate of the time saved on each contract with respect to which the authority under the pilot program is exercised by enabling employees of innovative technology companies to begin work before the Government completes the adjudication of the facility clearance application of the innovative technology company;

(G) an assessment of any foreign intelligence threats posed by the pilot program;

(H) an assessment of the administrative costs and benefits of the pilot program; and

(I) such other information that the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Intelligence and Security jointly determine appropriate.

(e) Participant selection.—The Defense Innovation Unit shall select innovative technology companies to participate in the pilot program.

(f) Sunset.—The pilot program shall terminate on December 31, 2028.

(g) 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) INNOVATIVE TECHNOLOGY COMPANY.—The term “innovative technology company” means a company that—

(A) provides goods or services related to—

(i) one or more of the fourteen 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 Defense Innovation Unit under subsection (e) to participate in the pilot program.

(3) 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.

(4) PILOT PROGRAM.—The term “pilot program” means the pilot program established under subsection (a).

SEC. 865. 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 defined by the Secretary of Defense and 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 the program, 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 classroom-based 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; and

(3) 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.

SEC. 866. Temporary suspension of COVID–19 vaccine mandate for Department of Defense contractors.

(a) Independent report.—The Comptroller General of the United States shall—

(1) conduct a study on the predicted effects of the requirement for contractors of the Department of Defense to receive a COVID–19 vaccine on the performance of such a contractor on a contract; and

(2) submit to the congressional defense committees a report containing the results of such study.

(b) Temporary suspension.—The Secretary of Defense may not implement a requirement for contractors of the Department of Defense to receive a COVID–19 vaccine until such time as the Comptroller General submits to the congressional defense committees the report under subsection (a).

SEC. 867. GAO report on Department of Defense contract financing and commercial best practices.

(a) Findings.—Congress finds as follows:

(1) In a 2019 report, the Comptroller General of the United States directed the Department of Defense to ensure it conducts a comprehensive assessment of the effect that its contract financing and profit policies have on the defense industry and update that assessment on a recurring basis.

(2) The Department of Defense has commissioned an independent study to evaluate—

(A) free cash flow in the defense sector;

(B) impacts to cash flow depending on contract type and financing;

(D) the government accounting system requirements for contractors.

(b) Study and report.—Not later than 6 months after the date of the completion of the study described in subsection (a)(2), the Comptroller General of the United States shall submit to the congressional defense committees a report assessing such study, including an evaluation of the tools and authorities the Department of Defense has available to ensure fair and reasonable pricing of commercial products and services.

SEC. 868. Prohibition on contracting with employers that violated the National Labor Relations Act.

(a) Prohibition.—Except as provided in subsection (b), the Secretary of Defense may not enter into a contract with an employer found to have violated section 8(a) of the National Labor Relations Act (29 U.S.C. 158) during the three-year period preceding the proposed date of award of the contract.

(b) Exceptions.—The Secretary of Defense may enter into a contract with a employer described in subsection (a) if—

(1) before awarding a contract, such employer has settled all violations described under subsection (a) in a manner approved by the National Labor Relations Board and the employer is in compliance with the requirements of any settlement relating to any such violation; or

(2) (A) each employee of such employer is represented by a labor organization for the purposes of collective bargaining; and

(B) such labor organization certifies to the Secretary that the employer—

(i) is in compliance with any relevant collective bargaining agreement on the date on which such contract is awarded and will continue to preserve the rights, privileges, and benefits established under any such collective bargaining agreement; or

(ii) before, on, and after the date on which such contract is awarded, has bargained and will bargain in good faith to reach a collective bargaining agreement.

(c) Definitions.—In this section, the terms “employer”, “employee”, and “labor organization” have the meanings given such terms, respectively, in section 2 of the National Labor Relations Act (29 U.S.C. 152).

(d) Applicability.—This section and the requirements of this section shall apply to a contract entered into on or after September 30, 2023.

SEC. 869. Amendments to contracting authority for certain small business concerns.

(a) Socially and economically disadvantaged small business concerns.—Section 8(a)(1)(D)(i)(II) of the Small Business Act (15 U.S.C. 637(a)(1)(D)(i)(II)) is amended—

(1) by striking “$7,000,000” and inserting “$10,000,000”; and

(2) by striking “$3,000,000” and inserting “$8,000,000”.

(b) Certain small business concerns owned and controlled by women.—Section 8(m) of the Small Business Act (15 U.S.C.637(m)) is amended—

(1) in paragraph (7)(B)—

(A) in clause (i), by striking “$7,000,000” and inserting “$10,000,000”; and

(B) in clause (ii), by striking “$4,000,000” and inserting “$8,000,000”; and

(2) in paragraph (8)(B)—

(A) in clause (i), by striking “$7,000,000” and inserting “$10,000,000”; and

(B) in clause (ii), by striking “$4,000,000” and inserting “$8,000,000”.

(c) Qualified hubzone small business concerns.—Section 31(c)(2)(A)(ii) of the Small Business Act (15 U.S.C. 657a(c)(2)(A)(ii)) is amended—

(1) in subclause (I), by striking “$7,000,000” and inserting “$10,000,000”; and

(2) in subclause (II), by striking “$3,000,000” and inserting “$8,000,000”.

(d) Small business concerns owned and controlled by service-disabled veterans.—Section 36(c)(2) of the Small Business Act (15 U.S.C. 657f(c)(2)) is amended—

(1) in subparagraph (A), by striking “$7,000,000” and inserting “$10,000,000”; and

(2) in subparagraph (B), by striking “$3,000,000” and inserting “$8,000,000”.

(e) Certain veteran-owned concerns.—Section 8127(c)(2) of title 38, United States Code, is amended by striking “$5,000,000” and inserting “the dollar thresholds under section 36(c)(2) of the Small Business Act (15 U.S.C. 657f(c)(2))”.

SEC. 870. Equitable adjustments to construction contracts.

(a) In general.—Section 15 of the Small Business Act (15 U.S.C. 644) is amended—

(1) by redesignating subsection (x) as subsection (y); and

(2) by inserting after subsection (w) the following new subsection:

“(x) Interim partial payments for equitable adjustments to construction contracts.—

“(1) REQUEST FOR AN EQUITABLE ADJUSTMENT.—A small business concern that was awarded a construction contract by an agency may submit a request for an equitable adjustment to the contracting officer of such agency if the contracting officer directs a change in the terms of the contract performance without the agreement of the small business concern. Such request shall—

“(A) be timely made pursuant to the terms of the contract; and

“(B) specify the estimated amount required to cover additional costs resulting from such change in the terms.

“(2) AMOUNT.—Upon receipt of a request for equitable adjustment from a small business concern under paragraph (1), the agency shall provide to such concern an interim partial payment in an amount equal to not less than 50 percent of the estimated amount under paragraph (1)(B).

“(3) LIMITATION.—Any interim partial payment made under this section may not be deemed to be an action to definitize the request for an equitable adjustment.

“(4) FLOW-DOWN OF INTERIM PARTIAL PAYMENT AMOUNTS.—A small business concern that receives an equitable adjustment under this subsection shall pay to a first tier subcontractor of such concern the portion of each interim partial payment received that is attributable to the increased costs of performance incurred by such subcontractor due to the change in the terms of the contract performance described in paragraph (1). A first tier subcontractor that receives a portion of an interim partial payment under this section shall pay to a subcontractor (at any tier) the appropriate portion of such payment.”.

(b) Implementation.—The Administrator of the Small Business Administration shall implement the requirements of this section not later than the earlier of the following dates:

(1) The first day of the first full fiscal year beginning after the date of the enactment of this Act.

(2) October 1, 2024.

SEC. 871. Manufacturing of insulin.

(a) Manufacturing of insulin.—For the purposes of manufacturing insulin for use under the military health system, including under the TRICARE program, the Secretary of Defense may—

(1) select one or more Government-owned, contractor-operated facilities to manufacture insulin;

(2) use existing pharmaceutical manufacturing facilities of the Department of Defense to produce insulin; or

(3) establish new pharmaceutical manufacturing facilities to produce insulin.

(b) Sale.—Any insulin manufactured under the authority of this section may be provided at a price not to exceed the cost to manufacture and distribute the insulin.

SEC. 872. Need for development and acquisition of natural rubber from domestic herbacious plant sources.

(a) Report required.—Not later than 120 days after the date of enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Under Secretary of Defense for Research and Engineering and the Assistant Secretary of Defense for Industrial Policy, shall submit to the congressional defense committees a plan for future investment by the Department of Defense in the development, testing, and evaluation of domestic natural rubber from herbaceous plants for military applications, including a timeline for acquiring critical defense components and products using natural rubber from domestic sources.

(b) Contents.—The plan submitted under subsection (a) shall include the following:

(1) An unclassified assessment of the direct and indirect influence of China on the commercial availability of natural rubber, including the effects on national security and the long-term implications for the defense supply chain, specifically for military aircraft and vehicle tires.

(2) An overview of the current investment of the Department of Defense in domestic natural rubber production and the plans of the Department for scaling and expanding such production to offset one percent of the annual importation of natural rubber into the United States.

(3) A plan to provide additional funding for the initiatives identified in paragraph (2) to achieve fielding of products and components with natural rubber from domestic sources not later than the end of fiscal year 2027.

(4) A strategy of United States-based rubber industry partners and component manufacturers for collaboration, codevelopment, and joint interest.

(5) A detailed description of the policies, procedures, budgets, and accelerated acquisition and contracting mechanisms of the Department of Defense for near-term insertion of domestic natural rubber content to test and evaluate performance of natural rubber from domestic sources for tactical aircraft performance.

SEC. 873. Increased competitive opportunities and strategy for certain critical technology contractors.

(a) Authorities.—

(1) IN GENERAL.—The Secretary of Defense shall seek to increase competitive opportunities for appropriate U.S. companies to be awarded prime contracts, grants, cooperative agreements, or other transactions for commercial products or dual-use capabilities of which any component primarily relates to critical technology.

(2) STRATEGY.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall develop and implement a comprehensive strategy to increase competitive opportunities available for appropriate U.S. companies and protect the integrity of the defense industrial base. The strategy shall include the following:

(A) A description of methods to enhance the availability of funds authorized by sections 4021 and 4022 of title 10, United States Code, for appropriate U.S. companies to develop end items of critical technologies, to rapidly prototype such end items, to conduct continuous experimentation to improve such end items, and to deliver capabilities to the Department of Defense.

(B) Processes to monitor and mitigate risks to the defense industrial base.

(C) Processes to improve coordination by the military departments and other elements of the Department of Defense to carry out subparagraphs (A) and (B).

(b) Report.—Along with the report required under section 4814 of title 10, United States Code, that is due after the date of the enactment of this Act, the Secretary of Defense, in consultation with appropriate U.S. companies, shall submit a report on the implementation of the strategy required in subsection (a)(2) and progress made to monitor and mitigate risks to the defense industrial base.

(1) The term “appropriate U.S. 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 “commercial product” has the meaning given in section 3011 of title 10, United States Code.

(3) The term “dual-use” has the meaning given in section 4801 of title 10, United States Code.

(4) The term “critical technology” means a technology identified as critical by the Secretary of Defense, which shall include—

(A) biotechnology;

(B) quantum science;

(D) artificial intelligence and machine learning;

(E) microelectronics;

(F) space technology;

(G) advanced computing and software;

(H) hypersonics;

(I) integrated sensing and cyber;

(J) autonomous systems;

(K) unmanned systems;

(L) advanced sensing systems; and

(M) advanced communications systems.

SEC. 874. Duties of small business development center counselors.

Section 21 of the Small Business Act (15 U.S.C. 648) is amended by adding at the end the following:

“(o) Cyber strategy training for small business development centers.—

“(1) DEFINITIONS.—In this subsection—

“(A) the term ‘cyber strategy’ means resources and tactics to assist in planning for cybersecurity and defending against cyber risks and cyber attacks; and

“(B) the term ‘lead small business development center’ means a small business development center that has received a grant from the Administration.

“(2) CERTIFICATION PROGRAM.—The Administrator shall establish a cyber counseling certification program, or approve a similar existing program, to certify the employees of lead small business development centers to provide cyber planning assistance to small business concerns.

“(3) NUMBER OF CERTIFIED EMPLOYEES.—The Administrator shall ensure that the number of employees of each lead small business development center who are certified in providing cyber planning assistance under this subsection is not fewer than the lesser of—

“(A) 5; or

“(B) 10 percent of the total number of employees of the lead small business development center.

“(4) CONSIDERATION OF SMALL BUSINESS DEVELOPMENT CENTER CYBER STRATEGY.—In carrying out this subsection, the Administrator, to the extent practicable, shall consider any cyber strategy methods included in the Small Business Development Center Cyber Strategy developed under section 1841(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2662).

“(5) REIMBURSEMENT FOR CERTIFICATION.—

“(A) IN GENERAL.—Subject to the availability of appropriations and subparagraph (B), the Administrator shall reimburse a lead small business development center for costs relating to the certification of an employee of the lead small business development center under the program established under paragraph (2).

“(B) LIMITATION.—The total amount reimbursed by the Administrator under subparagraph (A) may not exceed $350,000 in any fiscal year.”.

SEC. 901. Increase in authorized number of Assistant and Deputy Assistant Secretaries of Defense.

(a) 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 “18”.

(2) CONFORMING AMENDMENT.—Section 5315 of title 5, United States Code, is amended by striking “(14)” after “Assistant Secretaries of Defense” and inserting “(18)”.

(b) Increase in authorized number of deputy assistant secretaries of defense.—

(1) INCREASE.—Section 138 of such title is amended by adding at the end the following new subsection:

“(e) The maximum number of Deputy Assistant Secretaries of Defense is 57.”.

(2) CONFORMING REPEAL.—Section 908 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 138 note) is repealed.

SEC. 902. Responsibilities of Assistant Secretary of Defense for Special Operations and Low Intensity Conflict.

Section 138(b)(2)(A) of title 10, United States Code, is amended by inserting “(including explosive ordnance disposal)” after “low intensity conflict activities”.

SEC. 911. Eligibility of Chief of the National Guard Bureau for appointment as Chairman of the Joint Chiefs of Staff.

Section 152(b)(1)(B) of title 10, United States Code, is amended by striking “the Commandant of the Marine Corps, or the Chief of Space Operations” and inserting “the Commandant of the Marine Corps, the Chief of Space Operations, or the Chief of the National Guard Bureau”.

SEC. 912. 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. 913. Explosive ordnance disposal defense program.

Section 2284(b) of title 10, United States Code, is amended—

(1) in paragraph (1)—

(A) in subparagraph (A), by striking “and” after the semicolon;

(B) in subparagraph (B), by striking “the Department of Defense” and all that follows and inserting “the Program;”;

“(C) direct the executive agent to designate a joint program executive officer for the Program; and

“(D) assign the Director of the Defense Threat Reduction Agency to manage the Defense-wide program element funding for the Program.”.

(2) by striking paragraph (4);

(3) by redesignating paragraph (5) as paragraph (4);

(4) in paragraph (4), as so redesignated, by striking the period at the end and inserting a semicolon; and

(5) by adding at the end the following new paragraphs:

“(5) the Secretary of the Navy shall designate a Navy explosive ordnance disposal-qualified admiral officer to serve as the co-chair of the Program; and

“(6) the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict shall designate the Deputy Assistant Secretary of Defense for Special Operations and Combating Terrorism as the co-chair of the Program.”.

SEC. 914. Modification of report regarding the designation of the Explosive Ordnance Disposal Corps as a basic branch of the Army.

Section 582(b)(2) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 3063 note) is amended—

(1) in subparagraph (F), by inserting “National Guard Bureau,” before “Army Forces Command”; and

(2) by adding at the end the following new subparagraph:

“(H) The Secretary of the Army has designated an Assistant Secretary of the Army as the key individual responsible for developing and overseeing policy, plans, programs, and budgets, and issuing guidance and providing direction on the explosive ordnance disposal activities of the Army.”.

SEC. 915. Clarification of roles and responsibilities for force modernization efforts of the Army.

(a) Plan required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan that comprehensively defines the roles and responsibilities of officials and organizations of the Army with respect to the force modernization efforts of the Army.

(b) Elements.—The plan under subsection (a) shall—

(1) identify the official within the Army who shall have primary responsibility for the force modernization efforts of the Army, and specify the roles, responsibilities, and authorities of that official;

(2) clearly define the roles, responsibilities, and authorities of the Army Futures Command and the Assistant Secretary of the Army for Acquisition, Logistics, and Technology with respect to such efforts;

(3) clarify the roles, responsibilities, and authorities of officials and organizations of the Army with respect to acquisition in support of such efforts; and

(4) include such other information as the Secretary of the Army determines appropriate.

(c) Role of Army Futures Command.—In the event the Secretary of the Army does not submit the plan required under subsection (a) by the expiration of the 180 day period specified in such subsection, then beginning at the expiration of such period—

(1) the Commanding General of the Army Futures Command shall have the roles, responsibilities, and authorities assigned to the Commanding General pursuant to Army Directive 2020–15 (“Achieving Persistent Modernization”) as in effect on November 16, 2020; and

(2) any provision of Army Directive 2022–07 (“Army Modernization Roles and Responsibilities”), or any successor directive, that modifies or contravenes a provision of the directive specified in paragraph (1) shall have no force or effect.

SEC. 916. Report on potential transition of all members of Space Force into a single component.

(a) Report required.—Not later than March 1, 2023, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the proposal of the Air Force to transition the Space Force into a single component (in this section referred to as the Space Component)—

(1) that consists of all members of the Space Force, without regard to whether such a member is, under laws in effect at the time of the report, in the active or reserve component of the Space Force; and

(2) in which such members may transfer between duty statuses more freely than would otherwise be allowed under the laws in effect at the time of the report.

(b) Elements.—The report required under subsection (a) shall include the following:

(1) A plan that describes any rules, regulations, policies, guidance, and statutory provisions that may be implemented to govern—

(A) the ability of a member of the Space Component to transfer between duty statuses, the number of members authorized to make such transfers, and the timing of such transfers;

(B) the retirement of members of the Space Component, including the determination of a member’s eligibility for retirement and the calculation of the retirement benefits (including benefits under laws administered by the Secretary of Veterans Affairs) to which the member would be entitled based on a career consisting of service in duty statuses of the Space Component; and

(C) the composition and operation of promotion selection boards with respect to members of the Space Component, including the treatment of general officers by such boards.

(2) A comprehensive analysis of how such proposal may affect the ability of departments and agencies of the Federal Government (including departments and agencies outside the Department of Defense and the Department of Veterans Affairs) to accurately calculate the pay or determine the benefits, including health care benefits under chapter 55 of title 10, United States Code, to which a member or former member of the Space Component is entitled at any given time.

(3) Draft legislative text, prepared by the Office of Legislative Counsel within the Office of the General Counsel of the Department of Defense, that comprehensively sets forth all amendments and modifications to Federal statutes needed to effectively implement the proposal described in subsection (a), including—

(A) amendments and modifications to titles 10, 37, and 38, United States Code;

(B) amendments and modifications to Federal statutes outside of such titles; and

(C) an analysis of each provision of Federal statutory law that refers to the duty status of a member of an Armed Force, or whether such member is in an active or reserve component, and, for each such provision—

(i) a written determination indicating whether such provision requires amendment or other modification to clarify its applicability to a member of the Space Component; and

(ii) if such an amendment or modification is required, draft legislative text for such amendment or modification.

SEC. 917. Sense of Congress on the Electromagnetic Spectrum Superiority Strategy.

It is the sense of Congress that—

(1) the Department of Defense released the Electromagnetic Spectrum Superiority Strategy (October 2020) and an Implementation Plan for such strategy (August 2021);

(2) the purpose of the Electromagnetic Spectrum Superiority Strategy is to align electromagnetic spectrum activities across the Department of Defense to solve persistent gaps in the ability of the United States to project, achieve, and sustain electromagnetic spectrum superiority against adversaries and peer competitors, most notably Russia and People’s Republic of China;

(3) a goal of the Electromagnetic Spectrum Superiority Strategy is to “Establish Effective EMS Governance” to unify Department of Defense-wide electromagnetic spectrum enterprise activities, develop a continuous process improvement culture, and promote policies that support Department of Defense electromagnetic spectrum capabilities and operations;

(4) electromagnetic spectrum superiority underpins each of the four priorities of the 2022 National Defense Strategy of the Department of Defense;

(5) the projecting, achievement, and sustainment of electromagnetic spectrum superiority is inherently a joint operational mission that is fundamental to the success of military missions carried out by the United States and its allies across all warfighting domains;

(6) electromagnetic spectrum operations leadership in the Pentagon must be consolidated and unambiguous to address persistent gaps in coordination of joint electronic warfare among the services and fragmentation in guidance from leadership in the Department of Defense; and

(7) the Secretary of Defense—

(A) should provide to Congress an unclassified version of the Implementation Plan for the Electromagnetic Spectrum Superiority Strategy in all future updates to the plan; and

(B) as part of implementing the Electromagnetic Spectrum Superiority Strategy, should—

(i) strengthen governance reforms to ensure necessary senior operational leadership; and

(ii) provide a coherent response to persistent gaps in joint electromagnetic spectrum operations across the areas of Doctrine, Organization, Training, Materiel, Leadership, Personnel, Facilities and Policy (DOTMLPF–P);

SEC. 921. Establishment of Space National Guard.

(a) Establishment.—

(1) IN GENERAL.—There is established a Space National Guard that is part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia—

(A) in which the Space Force operates or where there are significant space launch or mission control facilities; and

(B) active and inactive.

(2) RESERVE COMPONENT.—There is established a Space National Guard of the United States that is the reserve component of the United States Space Force all of whose members are members of the Space National Guard.

(b) Composition.—The Space National Guard shall be composed of the Space National Guard forces of the several States and Territories, Puerto Rico and the District of Columbia—

(1) in which the Space Force operates or where there are significant space launch or mission control facilities; and

(2) active and inactive.

SEC. 922. No effect on military installations.

Nothing in this subtitle, or the amendments made by this subtitle, shall be construed to authorize or require the relocation of any facility, infrastructure, or military installation of the Space National Guard or Air National Guard.

SEC. 923. Implementation of Space National Guard.

(a) Requirement.—Except as specifically provided by this subtitle, the Secretary of the Air Force and Chief of the National Guard Bureau shall implement this subtitle, and the amendments made by this subtitle, not later than 18 months after the date of the enactment of this Act.

(b) Briefings.—Not later than 90 days after the date of the enactment of this Act, and annually for the five subsequent years, the Secretary of the Air Force, Chief of the Space Force and Chief of the National Guard Bureau shall jointly provide to the congressional defense committees a briefing on the status of the implementation of the Space National Guard pursuant to this subtitle and the amendments made by this subtitle. This briefing shall address the current missions, operations and activities, personnel requirements and status, and budget and funding requirements and status of the Space National Guard, and such other matters with respect to the implementation and operation of the Space National Guard as the Secretary and the Chiefs jointly determine appropriate to keep Congress fully and currently informed on the status of the implementation of the Space National Guard.

SEC. 924. Conforming amendments and clarification of authorities.

(a) Definitions.—

(1) TITLE 10, UNITED STATES CODE.—Title 10, United States Code, is amended—

(A) in section 101—

(i) in subsection (c)—

(I) by redesignating paragraphs (6) and (7) as paragraphs (8) and (9), respectively; and

(II) by inserting after paragraph (5) the following new paragraphs:

“(6) The term ‘Space National Guard’ means that part of the organized militia of the several States and territories, Puerto Rico, and the District Of Columbia, active and inactive, that—

“(A) is a space force;

“(B) is trained, and has its officers appointed under the sixteenth clause of section 8, article I of the Constitution;

“(C) is organized, armed, and equipped wholly or partly at Federal expense; and

“(D) is federally recognized.

“(7) The term ‘Space National Guard of the United States’ means the reserve component of the Space Force all of whose members are members of the Space National Guard.”; and

(B) in section 10101—

(i) in the matter preceding paragraph (1), by inserting “the following” before the colon; and

(ii) by adding at the end the following new paragraph:

“(8) The Space National Guard of the United States.”.

(2) TITLE 32, UNITED STATES CODE.—Section 101 of title 32, United States Code is amended—

(A) by redesignating paragraphs (8) through (19) as paragraphs (10) and (21), respectively; and

(B) by inserting after paragraph (7) the following new paragraphs:

“(8) The term ‘Space National Guard’ means that part of the organized militia of the several States and territories, Puerto Rico, and the District Of Columbia, in which the Space Force operates, active and inactive, that—

“(A) is a space force;

“(B) is trained, and has its officers appointed under the sixteenth clause of section 8, article I of the Constitution;

“(C) is organized, armed, and equipped wholly or partly at Federal expense; and

“(D) is federally recognized.

“(9) The term ‘Space National Guard of the United States’ means the reserve component of the Space Force all of whose members are members of the Space National Guard.”.

(b) Reserve components.—Chapter 1003 of title 10, United States Code, is amended—

(1) by adding at the end the following new sections:

“§ 10115. Space National Guard of the United States: composition

“The Space National Guard of the United States is the reserve component of the Space Force that consists of—

“(1) federally recognized units and organizations of the Space National Guard; and

“(2) members of the Space National Guard who are also Reserves of the Space Force.

“§ 10116. Space National Guard: when a component of the Space Force

“The Space National Guard while in the service of the United States is a component of the Space Force.

“§ 10117. Space National Guard of the United States: status when not in Federal service

“When not on active duty, members of the Space National Guard of the United States shall be administered, armed, equipped, and trained in their status as members of the Space National Guard.”; and

(2) in the table of sections at the beginning of such chapter, by adding at the end the following new items:

“10115. Space National Guard of the United States: composition.
“10116. Space National Guard: when a component of the Space Force.
“10117. Space National Guard of the United States: status when not in Federal service.”.

SEC. 1001. General transfer authority.

(a) Authority to transfer authorizations.—

(1) AUTHORITY.—Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2023 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.

(2) LIMITATION.—Except as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $6,000,000,000.

(3) EXCEPTION FOR TRANSFERS BETWEEN MILITARY PERSONNEL AUTHORIZATIONS.—A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2).

(b) Limitations.—The authority provided by subsection (a) to transfer authorizations—

(1) may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and

(2) may not be used to provide authority for an item that has been denied authorization by Congress.

(c) Effect on authorization amounts.—A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred.

(d) Notice to Congress.—The Secretary shall promptly notify Congress of each transfer made under subsection (a).

SEC. 1002. 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. 1003. Sense of Congress relating to enlisted personnel subsistence.

It is the sense of Congress that the Secretary of Defense should establish clear and consistent definitions of key terms for use in reporting budgetary and financial information related to enlisted personnel subsistence. This information should be provided to Congress as part of the Department of Defense budget justification materials relating to military personnel.

SEC. 1004. Sense of Congress relating to the corrective action plans review process.

It is the sense of Congress that the Deputy Chief Financial Officer should incorporate appropriate steps to improve its corrective action plans review process, including notices of findings and recommendations are appropriately linked to the correct corrective action plans to address such notices. The Deputy Chief Financial Officer should also update Department of Defense guidance to instruct the Department and components of the Department to document root cause analysis when needed to address deficiencies auditors identified. The Deputy Chief Financial Officer must provide a briefing to the relevant congressional committees on the efforts of the Department of Defense to link notices of findings and recommendations with the correct corrective action plans.

SEC. 1005. Sense of Congress relating to the Fraud Reduction Task Force.

It is the sense of Congress that the Deputy Chief Financial Officer should ensure that the Secretary of Defense designates all representatives to the Fraud Reduction Task Force as quickly as possible.

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”.

SEC. 1021. 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”.

(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 803 of such title is amended by striking the item relating to section 8026 and inserting the following new item:

“8026. Consultation with Commandant of the Marine Corps on major decisions directly concerning Marine Corps aviation or amphibious force structure and capability.”.

SEC. 1022. Number of Navy operational amphibious ships.

Section 8062 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(g) The naval combat forces of the Navy shall include not less than 31 operational amphibious ships, comprised of LSD–41 class ships, LSD–49 class ships, LPD–17 class ships, LPD–17 Flight II class ships, LHD–1 class ships, LHA–6 Flight 0 class ships, and LHA–6 Flight I class ships. For purposes of this subsection, an operational amphibious ship includes an amphibious ship that is temporarily unavailable for worldwide deployment due to routine or scheduled maintenance or repair.”.

SEC. 1023. Availability of funds for retirement or inactivation of landing dock ships.

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 retire, prepare to retire, inactivate, or place in storage any of the following ships:

(1) USS Germantown (LSD-42).

(2) USS Gunston Hall (LSD-44).

(3) USS Tortuga (LSD-46).

(4) USS Ashland (LSD-48).

SEC. 1024. Availability of funds for retirement or inactivation of guided missile cruisers.

(a) In general.—Subject to subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2023 for the Department of Defense may be obligated or expended to retire, prepare to retire, inactivate, or place in storage more than four guided missile cruisers.

(b) USS Vicksburg.—The USS Vicksburg may not be retired, prepared to retire, inactivated, or placed in storage pursuant to subsection (a).

SEC. 1025. Business case analyses on disposition of certain Government-owned dry-docks.

(a) AFDM-10.—Not later than March 1, 2023, the Secretary of the Navy shall submit to the congressional defense committees the results of a business case analysis under which the Secretary shall present a comparison of the following four options for Auxiliary Floating Dock, Medium-10 in Seattle, Washington (in this section referred to as “AFDM-10”):

(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 and use of AFDM-10 in alternate locations under the same lease authorities in effect on the date of the enactment of this Act.

(3) The relocation and use of AFDM-10 in alternate locations under alternative lease authorities.

(4) 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.

(b) Graving dock at Naval Base, San Diego.—Not later than March 1, 2023, the Secretary of the Navy shall submit to the congressional defense committees the results of a business case analysis under which the Secretary shall present a comparison of the following two options for the Government-owned graving dock at Naval Base San Diego, California:

(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) The lease of such graving dock to an appropriate non-Government entity with expertise in the non-nuclear ship repair industry.

SEC. 1026. 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, the Marine Mammal System program, that has been used, or is currently being used, for—

(1) port security at Navy bases, known as Mark-6 systems; or

(2) mine search capabilities, known as Mark-7 systems.

(b) Waiver.—The Secretary of the Navy may waive the prohibition under subsection (a) if the Secretary, with the concurrence of the Director of Operational Test and Evaluation, certifies in writing to the congressional defense committees that the Secretary has—

(1) identified a replacement capability and the necessary quantity of such capability to meet all operational requirements currently being met by the Marine Mammal System program, including a detailed explanation of such capability and quantity;

(2) achieved initial operational capability of all capabilities referred to in paragraph (1), including a detailed explanation of such achievement; and

(3) deployed a sufficient quantity of capabilities referred to in paragraph (1) that have achieved initial operational capability to continue to meet or exceed all operational requirements currently being met by Marine Mammal System program, including a detailed explanation of such deployment.

SEC. 1027. Deadline for 75 percent manning fill for ships undergoing nuclear refueling or defueling.

By not later than December 31, 2023, the Secretary of the Navy shall ensure that the manning fill for each ship undergoing nuclear refueling or defueling, and any concurrent complex overhaul, is not less than—

(1) 75 percent overall; and

(2) 75 percent for enlisted grades E-6 and above.

SEC. 1028. Prohibition on deactivation of Navy Combat Documentation Detachment 206.

None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2023 for the Navy may be obligated or expended to deactivate, or prepare to deactivate Navy Combat Documentation Detachment 206.

SEC. 1029. 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)

“(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 character 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. 1030. Availability of funds for retirement or inactivation of expeditionary transfer dock ships.

(1) ESD-1.

(2) ESD-2.

SEC. 1031. Availability of funds for retirement or inactivation of Littoral Combat Ships.

SEC. 1032. Briefing on fielding of SPEIR on all surface combatant vessels.

Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy shall provide to the congressional defense committees a briefing on an assessment, including cost, of fielding SPEIR on all surface combatant vessels.

SEC. 1033. Report on effects of Multiple Award Contract-multi Order contracting.

(a) In general.—Not later than October 1, 2023, the Secretary of the Navy shall submit to the congressional defense committees a comprehensive report on the effects of Multiple Award Contract-multi Order contracting (in this section referred to as “MAC-MO”) on battle force ship availability and maintenance costs.

(b) Matters for inclusion.—The report required by subsection (a) shall include each of the following:

(1) An analysis plan for the MAC-MO strategy.

(2) Lessons learned from the MAC-MO strategy implementation.

(3) A description of the effects of competition opportunities following the shift to MAC-MO.

(4) An identification of best practices from the previous Multi-ship Multi-Option strategy that have been identified and applied to the MAC-MO strategy.

(5) An assessment of current perform-to-plan metrics and how such metrics have influenced ongoing contracting processes.

(6) An assessment of MAC-MO strategy on ship maintenance availabilities.

(7) An assessment of ship maintenance workload predictability under the MAC-MO strategy.

(8) An identification of any planned changes to account for schedule delays.

(9) An assessment of possible maintenance delays due to contract award processing that cross fiscal years.

SEC. 1034. Congressional notification regarding pending retirement of naval vessels viable for artificial reefing.

(a) Sense of Congress.—It is the sense of Congress that the Secretary of the Navy should explore and solicit artificial reefing opportunities with appropriate entities for any naval vessel planned for retirement before initiating any plans to dispose of the vessel.

(b) Report.—Not later than 90 days before the retirement from the Naval Vessel Register of any naval vessel that is a viable candidate for artificial reefing, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and House of Representatives notice of the pending retirement of such vessel.

SEC. 1034A. Award of contracts for ship repair work to non-homeport shipyards to meet surge capacity.

Section 8669a of title 10, United States Code, is amended by adding at the end the following new subsection:

“(d) In order to meet surge capacity, the Secretary of the Navy may solicit proposals from, and award contracts for ship repair to, non-homeport shipyards that otherwise meet the requirements of the Navy for ship repair work.”.

SEC. 1035. Prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries.

No amounts authorized to be appropriated or otherwise made available for the Department of Defense may be used during the period beginning on the date of the enactment of this Act and ending on December 31, 2023, to transfer, release, or assist in the transfer or release of any individual detained in the custody or under the control of the Department of Defense at United States Naval Station, Guantanamo Bay, Cuba, to the custody or control of any country, or any entity within such country, as follows:

(1) Libya.

(2) Somalia.

(3) Syria.

(4) Yemen.

(5) Afghanistan.

SEC. 1036. Report on threat posed by domestic terrorists.

(a) Report required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the officials specified in subsection (c), shall submit to the congressional defense committees a report that includes an evaluation of the nature and extent of the domestic terror threat and domestic terrorist groups.

(b) Elements.—The report under subsection (a) shall—

(1) describe the manner in which domestic terror activity is tracked and reported;

(2) identify all known domestic terror groups, whether formal in nature or loosely affiliated ideologies, including groups motivated by a belief system of white supremacy such as the Proud Boys and Boogaloo;

(3) include a breakdown of the ideology of each group; and

(4) describe the efforts of such groups, if any, to infiltrate or target domestic constitutionally protected activity by citizens for cooption or to carry out attacks, and the number of individuals associated or affiliated with each group that engages in such efforts.

(1) The Director of the Federal Bureau of Investigation

(2) The Under Secretary of Homeland Security for Intelligence and Analysis.

(3) The Director of National Intelligence.

SEC. 1037. Consideration of human rights records of recipients of support of special operations to combat terrorism.

Section 127e of title 10, United States Code, is amended—

(1) in subsection (c)(2) by adding at the end of the following new subparagraph—

“(D) The processes through which the Secretary, in consultation with the Secretary of State, shall ensure that, prior to a decision to provide any support to foreign forces, irregular forces, groups, or individuals, full consideration is given to any credible information available to the Department of State relating to violations of human rights by such entities.”.

(2) in subsection (d)(2)—

(A) in subparagraph (H), by inserting “, including the promotion of good governance and rule of law and the protection of civilians and human rights” before the period at the end;

(B) in subparagraph (I)—

(i) by striking the period at the end and inserting “or violations of the laws of armed conflict, including the Geneva Conventions of 1949, including—”; and

(ii) by adding at the end the following new clauses:

“(i) vetting units receiving such support for violations of human rights;

“(ii) providing human rights training to units receiving such support; and

“(iii) providing for the investigation of allegations of gross violations of human rights and termination of such support in cases of credible information of such violations.”; and

“(J) A description of the human rights record of the recipient, including for purposes of section 362 of this title, and any relevant attempts by such recipient to remedy such record.”;

(3) in subsection (i)(3) by adding at the end the following new subparagraph:

“(I) An assessment of how support provided under this section advances United States national security priorities and aligns with other United States Government efforts to address underlying risk factors of terrorism and violent extremism, including repression, human rights abuses, and corruption.”; and

(4) by adding at the end the following new subsections:

“(j) Prohibition on use of funds.— (1) Except as provided in paragraphs (2) and (3), no funds may be used to provide support to any foreign forces, irregular forces, groups, or individuals if the Secretary of Defense has credible information that the unit has committed a gross violation of human rights.

“(2) The Secretary of Defense, after consultation with the Secretary of State, may waive the prohibition under paragraph (1) if the Secretary determines that the waiver is required by extraordinary circumstances.

“(3) The prohibition under paragraph (1) shall not apply with respect to the foreign forces, irregular forces, groups, or individuals of a country if the Secretary of Defense determines that—

“(A) the government of such country has taken all necessary corrective steps; or

“(B) the support is necessary to assist in disaster relief operations or other humanitarian or national security emergencies.

“(k) Savings clause.—Nothing in this section shall be construed to constitute a specific statutory authorization for any of the following:

“(1) The conduct of a covert action, as such term is defined in section 503(e) of the National Security Act of 1947 (50 U.S.C. 3093).

“(2) The introduction of United States armed forces, within the meaning of section 5(b) of the War Powers Resolution, into hostilities or into situations wherein hostilities are clearly indicated by the circumstances.

“(3) The provision of support to regular forces, irregular forces, groups, or individuals for the conduct of operations that United States Special Operations Forces are not otherwise legally authorized to conduct themselves.

“(4) The conduct or support of activities, directly or indirectly, that are inconsistent with the laws of armed conflict.”.

SEC. 1038. Consideration of human rights records of recipients of support of Special Operations for irregular warfare.

Section 1202 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1639) is amended—

(1) in subsection (c)(2), by adding at the end of the following new subparagraph:

“(D) The processes through which the Secretary shall, in consultation with the Secretary of State, ensure that prior to a decision to provide support to individual members or units of foreign forces, irregular forces, or groups in a foreign country full consideration is given to any credible information available to the Department of State relating to gross violations of human rights by such individuals or units.”;

(2) in subsection (d)(2) of such section—

(A) by redesignating subparagraph (G) as subparagraph (H); and

(B) by inserting after subparagraph (F) the following new subparagraph (G):

“(G) A description of the human rights record of the recipient, including for purposes of section 362 of title 10, United States Code, and any relevant attempts by such recipient to remedy such record.”;

(3) in subsection (h)(3), by adding at the end the following new subparagraph:

“(I) An assessment of how support provided under this section advances United States national security priorities and aligns with other United States Government interests in countries in which activities under the authority in this section are ongoing.”;

(4) by redesignating subsection (i) as subsection (j); and

(5) by inserting after subsection (h) the following new subsection (i):

“(i) Prohibition on use of funds.—

“(1) IN GENERAL.—Except as provided in paragraphs (2) and (3), no funds may be used to provide support to any individual member or unit of a foreign force, irregular force, or group in a foreign country if the Secretary of Defense has credible information that such individual or unit has committed a gross violation of human rights.

“(2) WAIVER AUTHORITY.—The Secretary of Defense, after consultation with the Secretary of State, may waive the prohibition under paragraph (1) if the Secretary determines that the waiver is required by extraordinary circumstances.

“(3) EXCEPTION.—The prohibition under paragraph (1) shall not apply with respect to individual members or units of such foreign forces, irregular forces, or groups if the Secretary of Defense, after consultation with the Secretary of State, determines that—

“(A) the government of such country has taken all necessary corrective steps; or

“(B) the support is necessary to assist in disaster relief operations or other humanitarian or national security emergencies.”.

SEC. 1041. Modification of authority for humanitarian demining assistance and stockpiled conventional munitions assistance.

(a) Location of assistance.—Section 407 of title 10, United States Code, is amended—

(1) in subsection (a)(1)—

(A) in the matter preceding subparagraph (A)—

(i) by striking “carry out” and inserting “provide”; and

(ii) by striking “in a country” and inserting “to a country”; and

(B) in subparagraph (A), by striking “in which the activities are to be carried out” and inserting “to which the assistance is to be provided”; and

(2) in subsection (d)—

(A) in paragraph (1)—

(i) by striking “in which” and inserting “to which”; and

(ii) by striking “carried out” and inserting “provided”;

(B) in paragraph (2), by striking “carried out in” and inserting “provided to”;

(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) in paragraph (3), by striking “$15,000,000” and inserting “$20,000,000”.

(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. 1042. Security clearances for recently separated members of the Armed Forces and civilian employees of the Department of Defense.

(a) Improvements.—

(1) IN GENERAL.—Except as provided in subsection (b), beginning on the date on which a covered individual separates from the Armed Forces or the Department of Defense (as the case may be), if the Secretary of Defense determines that the covered individual held a security clearance immediately prior to such separation and requires a security clearance of an equal or lower level for employment as a covered contractor, the Secretary shall—

(A) during the one-year period following such date, treat the previously held security clearance as an active security clearance for purposes of such employment; and

(B) during the two-year period following the conclusion of the period specified in subparagraph (A), ensure that the adjudication of any request submitted by the covered employee for the reactivation of the previously held security clearance for purposes of such employment is completed by not later than 180 days after the date of such submission.

(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.

(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. 1043. Submission of national defense strategy in 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 unclassified form, but may include a classified annex.”.

SEC. 1044. Common access cards for Department of Defense facilities for certain congressional staff.

(a) In general.—The Secretary of Defense shall develop processes and procedures under which the Secretary shall issue common access cards to staff of the congressional defense committees who need such access to facilitate the performance of required congressional oversight activities. Such common access cards shall provide such staff with access to all Department of Defense installations and facilities.

(b) Implementation.—The Secretary shall implement the processes and procedures developed under subsection (a) by 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).

SEC. 1045. Introduction of entities in transactions critical to national security.

(a) In general.—The Secretary of Defense may facilitate the introduction of entities for the purpose of discussing a covered transaction that the Secretary has determined is in the national security interests of the United States.

(b) Covered transaction defined.—The term “covered transaction” means a transaction that the Secretary has reason to believe would likely involve an entity affiliated with a strategic competitor unless an alternative transaction were to occur.

SEC. 1046. Repository of local nationals working for or on behalf of Federal Government in theater of combat operations.

(a) Sense of Congress.—It is the sense of Congress that—

(1) there are well documented administrative issues with current and former Special Immigrant Visa programs that significantly increase the application timeline and impact applicants seeking to verify their eligibly for these programs;

(2) administrative issues such a verification of employment, characterization of service, personnel data, and biographical data needed for employment by a local national employee but not centrally maintained should not be a barrier for an applicant who has put themselves or their family at risk by providing faithful and valuable service in support the United States Government;

(3) upon studying existing databases within the federal government, none meet the requirement that would provide a centralized database that all federal departments and agencies could utilize to ensure that in the future, eligible applicants do not have applications delayed or denied due to missing administrative data;

(4) the creation of such a database, exercising current privacy data control policies, would streamline the application process and provide independent and centralized verification that an applicant is indeed eligible for the program; and

(5) Special Immigrant Visa programs are consistent with our national values, and therefore, it is an obligation to make sure the accurate data necessary to verify and complete these applications expeditiously is available when needed.

(b) Database.—Not later than one year after the date of enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall establish and maintain a database listing all foreign nationals working for the United States Government or any contractor or subcontractor (at any tier) of the Department of Defense, the Department of State, or any other agency or instrumentality of the Executive branch in a theater of combat operations. This section and the requirements of this section shall be carried out consistent with the Privacy Act of 1974.

(c) Requirements.—The database established under subsection (b) shall be electronic and searchable, and shall include, with respect to each foreign national so listed, the following:

(1) Full name and date of birth.

(2) Contact information.

(3) Local national or State ID Number.

(4) Passport number, if applicable.

(5) Job location.

(6) The component of Government or contractor contact information.

(7) Start and end dates, total length of service, and whether the foreign national has met the length of service requirement for the Special Immigrant Visa program in that country, if applicable.

(8) A thorough description of work duties and the location where duties were performed.

(9) Any other information the Secretary of Defense or Secretary of State deems appropriate.

(d) Notification.—The Secretary of Defense, Secretary of State, the head of any other agency or instrumentality of the Executive branch, and each contractor or subcontractor (at any tier) of the Department of Defense, the Department of State, or such other agency or instrumentality, shall provide to any foreign national employee in the database established under subsection (b), at the end of each year of employment with the Government, contractor, or subcontractor (at any tier) (as the case may be) and on the date such employment terminates, a written certification regarding such employee’s total length of service.

SEC. 1047. Transfers and pay of nonappropriated fund employees.

(a) In general.—Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall update policies and procedures, as needed, to expedite the process for interservice transfers of nonappropriated fund employees. The Secretary shall provide an update to the appropriate committees on the completion of such updates.

(b) Report.—Not later than 2 years after the date of enactment of this Act, the Secretary shall submit a report to the congressional defense committees on the following:

(1) The impact of the change on the processing time for transfers of nonappropropriated fund employees between nonappropriated fund instrumentaliteis in different military services.

(2) The impact of the changes on the processing time for reinstatement of nonappropriated fund employees to a nonappropriated fund instrumentality in a military service that is different from the military service where the individual was previously employed by a nonappropriated fund instrumentality.

(3) The impact of the changes on recruitment and retention of nonappropriated fund employees in general and specifically for nonappropriated fund employees of military child development centers.

SEC. 1048. Establishment of joint training pipeline between United States Navy and Royal Australian Navy.

(a) Sense of Congress.—It is the sense of Congress that—

(1) the AUKUS partnership between Australia, the United Kingdom, and the United States presents a significant opportunity to enhance security cooperation in the Indo-Pacific region;

(2) parties to the AUKUS partnership should work expeditiously to implement a strategic roadmap to successfully deliver capabilities outlined in the agreement;

(3) the United States should engage with industry partners to develop a comprehensive understanding of the requirements needed to increase capacity and capability;

(4) Australia should continue to expand its industrial base to support production and delivery of future capabilities;

(5) the delivery of a nuclear-powered submarine to the Government of Australia would require the appropriate training and development of future commanding officers to operate such submarines for the Royal Australian Navy; and

(6) in order to uphold the stewardship of the Naval Nuclear Propulsion Program, the Secretary of Defense should work to coordinate an exchange program to integrate and train Australian sailors for the operation and maintenance of nuclear-powered submarines.

(b) Exchange program.—The Secretary of Defense, in consultation with the Secretary of Energy, shall carry out an exchange program for Australian submarine officers during 2023 and each subsequent year. Under the program, each year, a minimum of two Australian submarine officers shall be selected to participate in the program. Each such participant shall—

(1) receive training in the Navy Nuclear Propulsion School;

(2) following such training and by not later than July 1 of the year of participation, enroll in the Submarine Office Basic Course; and

(3) following completion of such course, be assigned to duty on an operational United States submarine at sea.

(c) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on 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. Inspector General oversight of Department of Defense activities in response to Russia’s further invasion of Ukraine.

The Inspector General of the Department of Defense Inspector General shall carry out comprehensive oversight and conduct reviews, audits, investigations, and inspections of the activities conducted by the Department of Defense in response to Russia’s further invasion of Ukraine, initiated on February 24, 2022, including military assistance provided to Ukraine by the Department of Defense.

SEC. 1050. Consultation of congressional defense committees in preparation of national defense strategy.

Section 113(g)(1) of title 10, United States Code, is amended—

(1) by redesignating subparagraphs (D) through (F) as subparagraphs (E) through (G), respectively; and

(2) by inserting after subparagraph (C) the following new subparagraph (D):

“(D) In addressing the matters referred to in subparagraph (B)(i) and (ii), the Secretary may seek the advice and views of the congressional defense committees, through the Chair and Ranking Members of the congressional defense committees. The congressional defense committees, through the Chair and Ranking Member of the congressional defense committees, may submit their advice and views to the Secretary in writing. Any such written views shall be published as an annex to the national defense strategy.”.

SEC. 1051. Prohibition on use of funds for aerial fumigation in Colombia.

None of the amounts authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2022 may be used to directly conduct, support, assist, or contribute to the performance of the aerial fumigation of crops in Colombia.

SEC. 1052. Assessment of suicide risk at military installations.

(a) Procedure.—The Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness and in collaboration with the Defense Suicide Prevention Office. shall establish a procedure for assessing suicide risk at military installations.

(b) Report.— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the strategy and procedure for assessing suicide risk at military installations.

SEC. 1061. Briefing on Global Force Management Allocation Plan.

Section 1074(c) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) is amended by adding at the end the following new paragraph:

“(4) For each major modification to global force allocation made during the preceding fiscal year that deviated from the Global Force Management Allocation Plan for that fiscal year—

“(A) an analysis of the costs of such modification;

“(B) an assessment of the risks associated with such modification, including strategic risks, operational risks, and risks to readiness; and

“(C) a description of any strategic trade-offs associated with such modification.”.

SEC. 1062. 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 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) is amended—

(1) in subsection (d)—

(A) in paragraph (1)(B)(iv), 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

(B) in paragraph (3), by striking “December 31, 2023” and inserting “December 31, 2024”; and

(2) by adding at the end the following new subsection:

“(f) Quarterly briefings.—Not later than 30 days after the last day of each fiscal quarter, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing on any assistance provided by the Department of Defense to the border security mission of the Department of Homeland Security at the international borders of the United States during the quarter covered by the briefing. Each such briefing shall include each of the elements specified in subsection (d)(1)(B) for such quarter.”.

SEC. 1063. Continuation of requirement for annual report on National Guard and reserve component equipment.

(a) In general.—Section 1080(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1000; 10 U.S.C. 111 note) does not apply to the report required to be submitted to Congress under section 10541 of title 10, United States Code.

(b) Conforming repeal.—Section 1061(c) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328); 130 Stat. 2402; 10 U.S.C. 111 note) is amended by striking paragraph (62).

SEC. 1064. Combatant command risk assessment for airborne intelligence, surveillance, and reconnaissance.

(a) In general.—Not later than 60 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.

(1) United States European Command.

(2) United States Indo-Pacific Command.

(3) United States Africa Command.

(4) United States Southern Command.

(5) United States Northern Command.

(6) United States Central Command.

(d) Termination.—The requirement to submit a report under this section shall terminate on the date that is five years after the date of the enactment of this Act.

SEC. 1065. Reports on effects of strategic competitor naval facilities in Africa.

(a) Initial report.—

(1) IN GENERAL.—Not later than May 15, 2023, the Secretary of Defense shall submit to the appropriate congressional committees a report on the effects on the national security of the United States of current or planned covered naval facilities in Africa.

(2) ELEMENTS.—The report required under paragraph (1) shall include the following:

(A) An identification of—

(i) any location in Africa where a covered naval facility has been established; and

(ii) any location in Africa where a covered naval facility is planned for construction.

(B) A detailed description of—

(i) 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

(ii) 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.

(i) the effect that each current covered naval facility has had on United States interests, allies, and partners in and around Africa;

(ii) the effect that each planned covered naval facility is expected to have on United States interests, allies, and partners in and around Africa;

(iii) the policy objectives of China and Russia in establishing current and future covered naval facilities at the locations identified under subparagraph (A); and

(iv) the specific military capabilities supported by each current or planned covered naval facility.

(b) Update to report.—

(1) IN GENERAL.—Not later than March 1, 2024, the Secretary of Defense shall submit to the appropriate congressional committees a report containing an update to the report required under subsection (a).

(2) ELEMENTS.—The report required under paragraph (1) shall include the following:

(A) An identification of—

(i) any location in Africa where a covered naval facility has been established since the date of the submittal of the report under subsection (a); and

(ii) any location in Africa where a covered naval facility has been planned for construction since such date.

(B) A detailed description of—

(i) any agreement entered into between China or Russia and country or government in Africa since such date providing for or enabling the establishment of a covered naval facility in Africa; and

(ii) any efforts by the Department of Defense since such date to change force posture, deployments, or other activities in Africa as a result of current or planned covered naval facilities in Africa.

(i) the effect that each current covered naval facility has had on United States interests, allies, and partners in and around Africa since such date;

(ii) the effect that each planned covered naval facility has had on United States interests, allies, and partners in and around Africa since such date;

(iii) the policy objectives of China and Russia, including new objectives and changes to objectives, in establishing current and future covered naval facilities at the locations identified in the report required under subsection (a) or in subparagraph (A); and

(iv) the specific military capabilities supported by each current or planned covered naval facility at such locations, including new capabilities and changes to capabilities.

(D) A detailed description of—

(i) the policy of the Department of Defense surrounding strategic competitor efforts to establish and maintain covered naval facilities in Africa; and

(ii) any actual or planned actions taken by the Department in response to such efforts and in coordination with global Department priorities, as identified in the national defense strategy under section 113(g) of title 10, United States Code.

(c) Form.—A report required under subsection (a) or (b) 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 “appropriate congressional committees” means—

(A) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives; and

(B) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate.

(3) 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.

(4) 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.

SEC. 1066. 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.

SEC. 1067. Quarterly reports on Operation Spartan Shield.

(a) In general.—The Inspector General of the Department of Defense shall submit to the congressional defense committees, and make publicly available on an appropriate website of the Department, quarterly reports on Operation Spartan Shield in a manner consistent with section 8L of the Inspector General Act of 1978 (5 U.S.C. App.).

(b) Form of reports.—Each report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex.

(c) Deadline for first report.—The Inspector General shall submit the first quarterly report required under subsection (a) by not later than 180 days after the date of the enactment of this Act.

SEC. 1068. Congressional notification of military information support operations in the information environment.

(a) In general.—Not later than 15 days before the Secretary of Defense exercises the authority of the Secretary to conduct a new military information support operation in the information environment, as affirmed in section 1631(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 397 note), the Secretary shall provide to the appropriate congressional committees notice in writing of the intent to use such authority to conduct such operation.

(b) Elements.—A notification under subsection (a) shall include each of the following:

(1) A description of the type of support to be provided in the operation.

(2) A description of the personnel engaged in supporting or facilitating the operation.

(3) The amount obligated under the authority to provide support.

(4) The expected duration of the operation and the desired outcome of the operation.

(c) Annual report.—Not later than 90 days after the last day of any fiscal year during which the Secretary conducts a military support operation in the information environment, the Secretary shall submit to the appropriate congressional committees a report on all such operations during such fiscal year. Such report shall include each of the following for each activity conducted pursuant to such an operation:

(1) The name of the activity.

(2) A description of the activity.

(3) The combatant command responsible for the activity.

(4) The desired outcome of the activity.

(5) The target audience for the activity.

(6) Any means of dissemination used in the conduct of the activity.

(7) The cost of conducting the activity.

(8) An assessment of the effectiveness of the activity.

(d) Appropriate congressional committees.—In this section, the term “appropriate congressional committees” means—

(1) the congressional defense committees;

(2) the Permanent Select Committee on Intelligence and the Committee on Foreign Affairs of the House of Representatives; and

(3) the Select Committee on Intelligence and the Committee on Foreign Relations of the Senate.

SEC. 1069. Department of Defense delays in providing comments on Government Accountability Office reports.

(a) Reports required.—Not later than 180 days after the date of the enactment of this Act, and once every 180 days thereafter until the date that is 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report on the extent to which the Department of Defense provided comments and sensitivity and security reviews (for drafts tentatively identified as containing controlled unclassified information or classified information) in a timely manner and in accordance with the protocols of the Government Accountability Office during the 180-day period preceding the date of the submittal of the report.

(b) Requirements for GAO report.—Each report under subsection (a) shall include the following information for the period covered by the report:

(1) The number of draft Government Accountability Office reports for which the Government Accountability Office requested comments from the Department of Defense, including an identification of the reports for which a sensitivity or security review was requested (separated by reports potentially containing only controlled unclassified information and reports potentially containing classified information) and the reports for which such a review was not requested.

(2) The median and average number of days between the date of the request for Department of Defense comments and the receipt of such comments.

(3) The average number of days between the date of the request for a Department of Defense sensitivity or security review and the receipt of the results of such review.

(4) In the case of any such draft report for which the Department of Defense failed to provide such comments or review within 30 days of the request for such comments or review—

(A) the number of days between the date of the request and the receipt of such comments or review; and

(B) a unique identifier, for purposes of identifying the draft report.

(5) In the case of any such draft report for which the Government Accountability Office provided an extension to the Department of Defense—

(A) whether the Department provided the comments or review within the time period of the extension; and

(B) a unique identifier, for purposes of identifying the draft report.

(6) Any other information the Comptroller General determines appropriate.

(c) DOD responses.—Not later than 30 days after the Comptroller General submits a report under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a response to such report that includes each of the following:

(1) An identification of factors that contributed to any delays identified in the report with respect to Department of Defense comments and sensitivity or security reviews requested by the Government Accountability Office.

(2) A description of any actions the Department of Defense has taken or plans to take to address such factors.

(3) A description of any improvements the Department has made in the ability to track timeliness in providing such comments and sensitivity or security reviews.

(4) Any other information the Secretary determines relevant to the information contained in the report submitted by the Comptroller General.

SEC. 1070. Reports on hostilities involving United States Armed Forces.

(a) In general.—Not later than 48 hours after any incident in which the United States Armed Forces are involved in an attack or hostilities, whether in an offensive or defensive capacity, the President 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 report on the incident, unless the President—

(1) otherwise reports the incident within 48 hours pursuant to section 4 of the War Powers Resolution (50 U.S.C. 1543); or

(2) has determined prior to the incident, and so reported pursuant to section 1264 of the National Defense Authorization Act for Fiscal Year 2018 (50 U.S.C. 1549), that the United States Armed Forces involved in the incident would be operating under specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution (50 U.S.C. 1544(b)).

(b) Matters to be included.—Each report required by subsection (a) shall include—

(1) the statutory and operational authorities under which the United States Armed Forces were operating when the incident occurred, including any relevant executive orders and an identification of the operational activities authorized under any such executive orders;

(2) the date, location, and duration of the incident and the other parties involved;

(3) a description of the United States Armed Forces involved in the incident and the mission of such Armed Forces;

(4) the numbers of any combatant casualties and civilian casualties that occurred as a result of the incident; and

(5) any other information the President determines appropriate.

(c) Form.—Each report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.

SEC. 1071. Annual report on civilian casualties in connection with United States military operations.

Section 1057(b) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended—

(1) in paragraph (1), by striking “that were confirmed, or reasonably suspected, to have resulted in civilian casualties” and inserting “that resulted in civilian casualties that have been confirmed or are reasonably suspected to have occurred”;

(2) in paragraph (2)—

(A) in subparagraph (B), by inserting “, including, to the extent practicable, geographic coordinates of any strike resulting in civilian casualties occurring as a result of the conduct of the operation.” after “location”;

(B) in subparagraph (D), by inserting before the period the following: “, including the justification for each strike conducted as part of the operation”;

(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) For each strike carried out as part of the operation, an assessment of the destruction of civilian property.

“(G) A summary of the determination of each completed civilian casualty assessment or investigation.

“(H) For each investigation into 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.”.

SEC. 1072. Justification for transfer or elimination of flying missions.

(a) In general.—Prior to the relocation or elimination of any flying mission, either with respect to an active or reserve component of a covered Armed Force, 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 mission. Such report shall include each of the following:

(1) A description of how the decision supports the national defense strategy, the national military strategy, the North American Aerospace Defense Command strategy, and other relevant strategies.

(2) A specific analysis and metrics supporting such decision.

(3) An analysis and metrics to show that the elimination or relocation of the flying mission would not negatively affect the homeland defense mission.

(4) A plan for how the Department of Defense intends to fulfill or continue the mission requirements of the eliminated or relocated flying mission.

(5) An assessment of the effect of the elimination or relocation on the national defense strategy, the national military strategy, the North American Aerospace Defense Command strategy, and 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 national military airspace system.

(b) Covered Armed Force.—In this section, the term “covered Armed Force” means—

(1) The Army.

(2) The Navy.

(3) The Air Force.

SEC. 1073. Equipment of Army reserve components: annual report to Congress.

Section 10541(b)(10) of title 10, United States Code, is amended—

(1) in subparagraph (E), by striking “and”;

(2) by redesignating subparagraph (F) as subparagraph (G); and

(3) by inserting, after subparagraph (E), the following new subparagraph (F):

“(F) MQ-1C Gray Eagle Extended Range; and”.

SEC. 1074. Public availability of reports.

(a) Requirements for withholding certain reports.—Section 122a(b)(2)(D) of title 10, United States Code, is amended—

(1) by striking the period at the end and inserting “, if the Secretary—”;

(2) by adding at the end the following new clauses:

“(A) gives public notice that the report will be withheld pursuant to such determination; and

“(B) submits to the congressional defense committees the reason for the determination that the information should not be made available to the public.”.

(b) Report 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, and make publicly available on an appropriate website of the Department of Defense, a report on the implementation of section 122a of title 10, United States Code, as amended by subsection (a). Such report shall address—

(1) the procedures under which members of the public may request a covered report under subsection (a)(2) of such section 122a; and

(2) the procedures and criteria under which the Secretary determines that a report that would otherwise be a covered report should not be made publicly available pursuant to subsection (b)(2)(D) of such section, as amended by subsection (a).

SEC. 1075. Quarterly reports on expenditures for planning and design of infrastructure to support permanent United States force presence on Europe’s eastern flank.

(a) 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 subsection (c) until the date on which all such funds are expended.

(b) Contents.—Each report required under subsection (a) shall include an expenditure plan for the establishment of infrastructure to support permanent United States force presence in the covered region.

(c) Funds described.—The funds described in this subsection are the amounts authorized to be appropriated or otherwise made available for fiscal year 2023 for—

(1) Operation and Maintenance, Air Force, for Advanced Planning for Infrastructure to Support Presence on NATO’s Eastern Flank;

(2) Operation and Maintenance, Army, for Advanced Planning for Infrastructure to Support Presence on NATO’s Eastern Flank; and

(3) Military Construction, Defense-wide, Planning & Design: EUCOM–Infrastructure to Support Presence on NATO’s Eastern Flank.

(d) Covered region.—In this section, the term “covered region” means Romania, Poland, Lithuania, Latvia, Estonia, Hungary, Bulgaria, and Slovakia.

SEC. 1076. Study on military training routes and special use air space near wind turbines.

(a) Sense of Congress.—It is the sense of Congress that—

(1) renewable energy development is expanding rapidly as the United States continues to invest in diversifying its energy portfolio;

(2) this expansion has to be carefully considered in its potential impacts to low-level military training routes and special use airspace of the Department of Defense;

(3) it is imperative that the United States preserves access to national airspace for military test and training and activities to ensure military readiness while facilitating deployment of renewable energy projects, such as wind turbines, that enhance national and economic security in ways that are compatible with military airspace needs; and

(4) the rapid proliferation of wind turbines around the world may require the Armed Forces to develop tactics, training, and procedures for operations in the vicinity of wind turbines in order to exploit potential adversaries’ turbines for tactical advantage.

(b) Study and report.—

(1) IN GENERAL.—The Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center to conduct a study to identify low-level military training routes and special use airspace that may be used by the Department of Defense to conduct realistic training over and near wind turbines.

(2) ELEMENTS.—As part of the study under paragraph (1), the federally funded research and development center that conducts the study shall—

(A) identify and define the requirements for military airspace that may be used for the training described in paragraph (1), taking into consideration—

(i) the operational and training needs of the Armed Forces; and

(ii) the threat environments of adversaries of the United States, including the People’s Republic of China;

(B) identify possibilities for combining live, virtual, and constructive flight training near wind projects, both onshore and offshore;

(C) describe the airspace inventory required for low-level training proficiency given current and projected force structures;

(D) provide recommendations for redesigning and properly sizing special use air space and military training routes to combine live and synthetic training in a realistic environment;

(E) describe ongoing research and development programs being utilized to mitigate impacts of wind turbines on low-level training routes; and

(F) identify current training routes impacted 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) COORDINATION.—In carrying out paragraph (1), the Secretary of Defense shall coordinate with—

(A) the Under Secretary of Defense for Personnel and Readiness;

(B) the Department of Defense Policy Board on Federal Aviation; and

(4) SUBMITTAL TO DOD.—

(A) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the federally funded research and development center that conducts the study under paragraph (1) shall submit to the Secretary of Defense a report on the results of the study.

(B) FORM.—The report under paragraph (1) shall be submitted in unclassified form but may include a classified annex.

(5) SUBMITTAL TO CONGRESS.—Not later than 60 days after the date on which the Secretary of Defense receives the report under paragraph (4), the Secretary shall submit to the appropriate congressional committees an unaltered copy of the report together with any comments the Secretary may have with respect to the report.

(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.

(2) The term “impacted 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. 1077. Study on Joint Task Force Indo-Pacific.

(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Commander of United States Indo-Pacific Command shall submit to the congressional defense committees a report on the results of a study conducted by the Commander on the desirability and feasibility of establishing any of the following for the Indo-Pacific region:

(1) A Joint Task Force.

(2) A sub-unified command.

(3) Another organizational structure to assume command and control responsibility for contingency response in the region.

(b) Elements.—The study conducted under subsection (a) shall include each of the following:

(1) An assessment of whether an additional organizational structure would better facilitate the planning and execution of contingency response in the Indo-Pacific region.

(2) An assessment of existing components and sub-unified commands to determine if any such components or commands are best positioned to assume the role of such an additional organizational structure.

(3) An assessment of the risks and benefits of headquartering such an additional organizational structure on Guam (or additional locations if the Commander determines appropriate), including a description and expected cost of any required command and control or associated upgrades.

(4) An identification of any additional entities that could be integrated, on a standing basis, into the staff of such an additional organizational structure, along with associated benefits, risks, and options to mitigate any risks.

(5) An assessment of whether the best option for such an additional organizational structure would be a Joint Task Force, a sub-unified command, or another organizational structure, and what the best relationship would be with respect to other current or future United States commands and task forces in the Indo-Pacific region.

(6) A description of any additional resources or authorizations that would be required to establish such an additional organizational structure.

(c) Form of report.—The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex.

SEC. 1078. Biannual Department of Defense Inspector General reporting on response to Russian aggression and assistance to Ukraine.

(a) In general.—The Inspector General of the Department of Defense shall provide to the appropriate congressional committees biannual briefings on the status and findings of Inspector General oversight, reviews, audits, and inspections of the activities conducted by the Department of Defense response to Russia’s further invasion of Ukraine, initiated on February 24, 2022, including military assistance provided to Ukraine by the Department of Defense and the programs, operations, and contracts carried out with such funds, including—

(1) the oversight and accounting of the obligation and expenditure of funds used to assist Ukraine and to respond to Russia’s further invasion of Ukraine;

(2) the monitoring and review of contracts supported by such funds;

(3) the investigation of any relevant overpayments issues and of legal compliance by Department of Defense officials, contractors, and other relevant entities; and

(4) the investigation of any end-use monitoring issues associated with articles provided to Ukraine.

(b) Termination.—No briefing shall be required under subsection (a) after December 31, 2026.

(1) the congressional defense committees;

(2) the Committee on Oversight and Reform and the Committee on Foreign Affairs of the House of Representatives; and

(3) the Committee on Homeland Security and Governmental Affairs and the Committee on Foreign Relations of the Senate.

SEC. 1079. Review of security assistance provided to Elie Wiesel countries.

(a) Review required.—Not later than 30 days after the transmission of the first report required after the date of the enactment of this Act under section 5 of the Elie Wiesel Genocide and Atrocities Prevention Act of 2018 (Public Law 115–441; 22 U.S.C. 2651 note), the Secretary of Defense shall conduct a review of risks related to the Department of Defense provision of security assistance to countries identified in the report as being at high or medium risk for atrocities. Such review shall include an assessment of risk associated with providing weapons and other forms of security cooperation programs and assistance, including special operations forces programs, to the governments of such countries, with respect to atrocities, conflict, violence, and other forms of instability.

(b) Congressional notification of certain changes.—If, as a result of the review required under subsection (a), the Secretary determines that the Department of Defense should stop or change the security assistance provided to a country, the Secretary shall submit notice of such determination to—

(1) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and

(2) the Committee on Armed Services and the Committee on Foreign Relations of the Senate.

SEC. 1079A. Report on Department of Defense practices regarding distinction between combatants and civilians in United States military operations.

(a) Report.—The Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center to conduct an independent report on Department of Defense practices regarding distinguishing between combatants and civilians in United States military operations.

(b) Elements.—The report required under subsection (a) shall include the following matters:

(1) A description of how the Department of Defense and individual members of the Armed Forces have 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;

(B) target engagement criteria; and

(2) A description of how the Department of Defense has differentiated between combatants and civilians when assessing allegations of civilian casualties since 2001, including in Afghanistan, Iraq, Syria, Somalia, Libya, and Yemen, including—

(A) relevant policy and legal standards and the factual indicators these standards were applied to in assessing claims of civilian casualties; and

(B) any other matters the Secretary of Defense determines appropriate.

(c) Submission of report.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report setting forth an unaltered copy of the assessment 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 United States Armed Forces.

SEC. 1079B. Report on Department of Defense recruitment advertising to racial and ethnic minority communities.

(a) Sense of Congress.—It is the sense of Congress that—

(1) efforts by the Armed Forces to ensure diversity among the force are commendable;

(2) it is cause for concern that efforts by the Armed Forces to ensure that the Armed Forces of the United States reflect the society of the United States are being reduced by the use of advertising that does not adequately target racial and ethnic minority communities;

(3) the Armed Forces face many challenges but should maintain, and where possible, increase advertising within racial and ethnic minority communities to support the commitment of the Armed Forces to ensuring a strong diverse force;

(4) to adequately reach minority communities, the Armed Forces should use minority-owned media outlets and advertising agencies that have demonstrated an ability to connect with racial and ethnic minority communities;

(5) recruitment advertising within minority communities is an important avenue toward building interest and understanding in serving the United States in uniform; and

(6) the Armed Forces and the Department of Defense should maintain a commitment to diversity recruiting and retention.

(b) Report.—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 with minority-owned media outlets and advertising agencies to adequately reach racial and ethnic minority communities.

SEC. 1079C. Public availability of information about cost of United States overseas military footprint.

Section 1090 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) is amended by adding at the end the following new subsections:

“(c) Additional information.—For fiscal year 2023 and each subsequent fiscal year, the Secretary of Defense, in consultation with the Commissioner of the Internal Revenue Service and the Director of the Bureau of Economic Analysis, shall post on the public Internet website of the Department of Defense the costs to each United States taxpayer of the overseas military footprint of the United States, including—

“(1) the costs of building, maintaining, staffing and operating all overseas military bases and installations;

“(2) the personnel costs, including compensation, housing and health care, for all members of the Armed Forces deployed overseas at any point throughout the fiscal year;

“(3) the costs paid to contractors providing goods and services in support of overseas military bases, installations, and operations;

“(4) the costs of conducting all overseas military operations, including operations conducted by United States Armed Forces, operations conducted using unmanned weapons systems, covert operations, and operations undertaken by, with, and through partner forces;

“(5) the costs of all overseas military exercises involving United States Armed Forces; and

“(6) the costs of all military training and assistance provided by the United States to overseas partner forces.

“(d) Display of information.—The information required to be posted under subsections (a) and (c) shall—

“(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 overseas operation—

“(A) both the total cost to each taxpayer, and the cost to each taxpayer for each fiscal year, of conducting the overseas operation;

“(B) a list of countries where the overseas operations have taken place; and

“(C) for each such country, both the total cost to each taxpayer, and the cost to each taxpayer for each fiscal year, of conducting the overseas operations in that country.”.

SEC. 1079D. Study and report on potential inclusion of black box data recorders in tactical vehicles.

(a) Study.—The Comptroller General of the United States shall conduct a study to evaluate the feasability and advisability of equipping all tactical vehicles of the Armed Forces with black box data recorders.

(b) Report.—Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to the congressional defense committees a report on the results of the study conducted under subsection (a).

SEC. 1079E. Report on the strategy and engagement efforts of the Armed Forces in Hawaii.

(a) In general.—The Commander of the United States Indo-Pacific Command shall, in collaboration with installation commanders and the relevant service commands, develop and implement—

(1) a strategy to improve the engagement efforts of the military with the local community in the State of Hawaii; and

(2) enhanced coordinated community engagement efforts (as described in section 587 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81)) in the State of 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 that describes the results of the strategy and engagement efforts implemented pursuant to subsection (a).

SEC. 1079F. Department of Defense engagement with Native Hawaiian organizations.

(a) In general.—Not later than March 30, 2023, the Assistant Secretary of Defense for Energy, Installations, and Environment shall submit to the Committee on Armed Services of the House of Representatives a report on Department of Defense plans to identify, standardize, and coordinate best practices with respect to consultation and engagement with the Native Hawaiian community.

(b) Contents of report.—The report required under subsection (a) shall include, at a minimum, the following:

(1) Plans for conducting education and training programs relating to consultation and engagement with the Native Hawaiian community, including—

(A) outreach activities for fiscal years 2023 and 2024; and

(B) the degree to which Native Hawaiian community members have been involved in development of curricula, tentative dates, locations, required attendees, and topics for the education and training programs.

(2) A list of all Native Hawaiian community groups involved or to be involved in the consultation process to update Department of Defense Instruction 4710.03 (or any successor document).

(3) A description of how Department of Defense Instruction 4710.03 can be improved to reflect best practices and provide continuity across the military departments in practices, policies, training, and personnel who conduct consultation with the Native Hawaiian community.

(4) A timeline for issuing the next update or successor document to Department of Defense Instruction 4710.03.

(5) A description of how the Department of Defense can enhance and expand education and training programs relating to consultation and engagement with the Native Hawaiian community and outreach activities for all commands and installations within the State of Hawaii.

SEC. 1079G. FFRDC study on shipyard infrastructure optimization program efforts to optimize, recapitalize and reconfigure facilities and industrial plant equipment.

(a) In general.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Navy shall seek to enter into an agreement with an appropriate federally funded research and development center for the conduct of a detailed analysis of the efforts of the Shipyard Infrastructure Optimization Program to optimize, recapitalize, and reconfigure facilities and industrial plant equipment at the Navy’s public shipyard. Such analysis shall not cover any dry dock project.

(b) Matters for consideration.—An analysis conducted pursuant to an agreement under subsection (a) shall include a consideration of each of the following items with respect to the Shipyard Infrastructure Optimization Program:

(1) The adequacy of the cost estimate guidance and methodology used by the Navy.

(2) The estimated long-term cost and maintenance availability time savings offered from the specific, major proposed facility and equipment improvements.

(3) The methodology of the Navy for prioritizing the proposed facility and equipment improvements beyond their expected service lives.

(4) A comparison of current Navy policies and procedures for large facility improvements in excess of $500,000,000 to best practices used by other Federal agencies and the private sector.

(5) Options for improving the management and oversight of the program, including staffing and contracting options for ensuring the adequate oversight of contracted activities, support provided to the public shipyards and local shipyard construction agents, and best practices for the management of large multi-contractor projects.

(6) Estimates for current public shipyard facility restoration and modernization backlogs and the plans of the Secretary of the Navy to mitigate the current backlog either within the Shipyard Infrastructure Optimization Program or through another program.

(7) Recommendations for improving the Shipyard Infrastructure Optimization Program based on the results of the analysis.

(c) Briefing.—Not later than 60 days after the completion of an analysis pursuant to an agreement under subsection (a), the Secretary of Navy shall submit to the congressional defense committees a report on the results of the analysis.

(d) Public availability.—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 by the Secretary publicly available on an appropriate website of the center.

SEC. 1079H. Study on efforts of the Department of Defense to reduce the use of single-use plastics.

(a) Study required.—

(1) IN GENERAL.—The Comptroller General of the United States shall conduct a study on the efforts of the Department of Defense to reduce reliance on single-use plastics.

(2) ELEMENTS.—The study required under paragraph (1) shall address—

(A) the extent to which the Department of Defense—

(i) collects and tracks data on its use of single-use plastics; and

(ii) has set targets for reducing the use of such plastics;

(B) the status of the implementation of Department of Defense Instruction 4715.23 and Executive Order 14057 as that instruction and order relate to single-use plastics;

(D) any challenges that the Department faces in reducing its reliance on single-use plastics and possible mechanisms to address those challenges;

(E) any recommendations to improve the Department’s efforts to reduce single-use plastics; and

(F) any other matter the Comptroller General determines is significant and relevant to the purposes of the study.

(b) Interim briefing.—Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall provide to the congressional defense committees a briefing on any preliminary findings of the study conducted under subsection (a).

(c) Final results.—The Comptroller General shall provide the final results of the study conducted under subsection (a) to the congressional defense committees at such time and in such format as is mutually agreed upon by the committees and the Comptroller General.

SEC. 1079I. Report on Littoral Explosive Ordnance Neutralization program of record.

(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Commandant of the Marine Corps shall submit to the congressional defense committees a report on the Littoral Explosive Ordnance Neutralization (in this section referred to as “LEON”) program of record.

(b) Matters for inclusion.—The report required under subsection (a) shall include each of the following:

(1) A detailed plan of action and milestones for the implementation plan for the LEON program of record to enable such program to reach fully operational capable status.

(2) An identification of any manning, training, equipping, or funding shortfalls or other barriers that could prevent the LEON program of record from reaching fully operational capable status.

(3) A review of achievable, effective, and suitable capabilities supporting technical architectures to collect, store, manage, and disseminate information collected by LEON sensors.

(c) Consideration.—In preparing the report required under subsection (a), the Commandant shall take into consideration the necessity of the Marine Corps explosive ordnance disposal requirements pertaining to the very shallow water mine countermeasures mission.

SEC. 1079J. Assessment, plan, and reports on the automated surface observing system.

(a) Joint assessment and plan.—

(1) IN GENERAL.—The Secretary of Defense, in collaboration with the Administrator of the Federal Aviation Administration and the Under Secretary of Commerce for Oceans and Atmosphere, shall—

(A) conduct an assessment of resources, personnel, procedures, and activities necessary to maximize the functionality and utility of the automated surface observing system of the United States that identifies—

(i) key system upgrades needed to improve observation quality and utility for weather forecasting, aviation safety, and other users;

(ii) improvements needed in observations within the planetary boundary layer, including mixing height;

(iii) improvements needed in public accessibility of observational data;

(iv) improvements needed to reduce latency in reporting of observational data;

(v) relevant data to be collected for the production of forecasts or forecast guidance relating to atmospheric composition, including particulate and air quality data, and aviation safety;

(vi) areas of concern regarding operational continuity and reliability of the system, which may include needs for on-night staff, particularly in remote and rural areas and areas where system failure would have the greatest negative impact to the community;

(vii) stewardship, data handling, data distribution, and product generation needs arising from upgrading and changing the automated surface observation systems;

(viii) possible solutions for areas of concern identified under clause (vi), including with respect to the potential use of backup systems, power and communication system reliability, staffing needs and personnel location, and the acquisition of critical component backups and proper storage location to ensure rapid system repair necessary to ensure system operational continuity; and

(ix) research, development, and transition to operations needed to develop advanced data collection, quality control, and distribution so that the data are provided to models, users, and decision support systems in a timely manner; and

(B) develop and implement a plan that addresses the findings of the assessment conducted under subparagraph (A), including by seeking and allocating resources necessary to ensure that system upgrades are standardized across the Department of Defense, the Federal Aviation Administration, and the National Oceanic and Atmospheric Administration to the extent practicable.

(2) STANDARDIZATION.—Any system standardization implemented under paragraph (1)(B) shall not impede activities to upgrade or improve individual units of the system.

(3) REMOTE AUTOMATIC WEATHER STATION COORDINATION.—The Secretary of Defense, in collaboration with relevant Federal agencies and the National Interagency Fire Center, shall assess and develop cooperative agreements to improve coordination, interoperability standards, operations, and placement of remote automatic weather stations for the purpose of improving utility and coverage of remote automatic weather stations, automated surface observation systems, and other similar stations and systems for weather and climate operations.

(b) Report to Congress.—

(1) IN GENERAL.—Not later than 2 years after the date of the enactment of this Act, the Secretary of Defense, in collaboration with the Administrator of the Federal Aviation Administration and the Under Secretary of Commerce for Oceans and Atmosphere, shall submit to the appropriate congressional committees a report that—

(A) details the findings of the assessment required by subparagraph (A) of subsection (a)(1); and

(B) the plan required by subparagraph (B) of such subsection.

(2) ELEMENTS.—The report required by paragraph (1) shall include a detailed assessment of appropriations required—

(A) to address the findings of the assessment required by subparagraph (A) of subsection (a)(1); and

(B) to implement the plan required by subparagraph (B) of such subsection.

(c) Government Accountability Office report.—Not later than 4 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report that—

(1) evaluates the functionality, utility, reliability, and operational status of the automated surface observing system across the Department of Defense, the Federal Aviation Administration, and the Administration;

(2) evaluates the progress, performance, and implementation of the plan required by subsection (a)(1)(B);

(3) assesses the efficacy of cross-agency collaboration and stakeholder engagement in carrying out the plan and provides recommendations to improve such activities;

(4) evaluates the operational continuity and reliability of the system, particularly in remote and rural areas and areas where system failure would have the greatest negative impact to the community, and provides recommendations to improve such continuity and reliability;

(5) assesses Federal coordination regarding the remote automatic weather station network, air resource advisors, and other Federal observing assets used for weather and climate modeling and response activities, and provides recommendations for improvements; and

(6) includes such other recommendations as the Comptroller General determines are appropriate to improve the system.

(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.

(3) The Committee on Transportation and Infrastructure of the House of Representatives.

(4) The Committee on Commerce, Science, and Transportation of the Senate.

(5) The Committee on Science, Space, and Technology of the House of Representatives.

SEC. 1079K. Annual report on use of social media by foreign terrorist organizations.

(a) Annual report.—The Director of National Intelligence, in coordination with the Secretary of State and the Secretary of Defense, shall submit to the appropriate congressional committees an annual report on—

(1) the use of online social media platforms by entities designated as foreign terrorist organizations by the Department 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.

(b) Appropriate congressional committees.—In this section, the appropriate congressional committees are—

(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. 1079L. Report on protection of members of the Armed Forces from Russian-sponsored armed attacks.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the actions taken to protect members of the Armed Forces of the United States from armed attacks conducted by militants and terrorists in pursuit of bounties and inducements the agencies, organizations, or entities aligned with the Russian Federation.

SEC. 1079M. Report on desalinization technology.

Not later than 180 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 application of desalinization technology for defense and national security purposes to provide drought relief to areas affected by sharp declines in water resources.

SEC. 1079N. Report on Department of Defense military capabilities in the Caribbean.

(a) In general.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State and the Secretary of Homeland Security, shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on United States military capabilities in the Caribbean basin, particularly in and around Puerto Rico and the United States Virgin Islands.

(b) Elements.—The report required by subsection (a) shall include the following:

(1) An assessment of the value, feasibility, and cost of increasing United States military capabilities in the Caribbean basin, particularly in and around Puerto Rico and the United States Virgin Islands, to—

(A) combat transnational criminal organizations and illicit narcotics and weapons trafficking in the Caribbean basin, particularly in and around Puerto Rico and the United States Virgin Islands;

(B) improve surveillance capabilities and maximize the effectiveness of counter-trafficking operations in the Caribbean region;

(C) ensure, to the greatest extent possible, that United States Northern Command and United States Southern Command have the necessary assets to support and increase measures to detect, interdict, disrupt, or curtail illicit narcotics and weapons trafficking activities within their respective areas of operations in the Caribbean basin;

(D) 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;

(E) increase supply chain resiliency and near-shoring in global trade; and

(F) strengthen the ability of the security sector to respond to, and become more resilient in the face of, major disasters, including to ensure critical infrastructure and ports can come back online rapidly following disasters.

(2) An assessment of United States military force posture in the Caribbean basin, particularly in and around Puerto Rico and the United States Virgin Islands, and relevant locations in the Caribbean basin.

(c) Form of report.—The report required under subsection (a) shall be submitted in unclassified form without any designation relating to dissemination control, but may include a classified annex.

SEC. 1079O. Annual report on unfunded priorities of Defense POW/MIA Accounting Agency.

Chapter 9 of title 10, United States Code, is amended by inserting after section 222c the following new section:

“§ 222d. Unfunded priorities of Defense POW/MIA Accounting Agency: annual report

“(a) Reports.—(a) Reports.-Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, the Director of the Defense POW/MIA Accounting Agency shall submit to the Secretary of Defense and the Chairman of the Joint Chiefs of Staff, and to the congressional defense committees, a report on the unfunded priorities of the Defense POW/MIA Accounting Agency.

“(b) Elements.— (1) Each report under subsection (a) shall specify, for each unfunded priority covered by such report, the following:

“(A) A summary description of such priority, including the objectives to be achieved if such priority is funded (whether in whole or in part).

“(B) The additional amount of funds recommended in connection with the objectives under subparagraph (A).

“(C) Account information with respect to such priority, including the following (as applicable):

“(i) Line Item Number (LIN) for applicable procurement accounts.

“(ii) Program Element (PE) number for applicable research, development, test, and evaluation accounts.

“(iii) Sub-activity group (SAG) for applicable operation and maintenance accounts.

“(2) Each report under subsection (a) shall present the unfunded priorities covered by such report in order of urgency of priority.

“(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 the POW/MIA Accounting Agency 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 requirement associated with an operational or contingency plan of a combatant command or other validated requirement; and

“(3) would have been recommended for funding through the budget referred to in paragraph (1) by the Director of the POW/MIA Accounting Agency in connection with the budget if additional resources had been available for the budget to fund the program, activity, or mission requirement.”.

SEC. 1079P. Review of Navy study on Requirements for and Potential Benefits of Realistically Simulating Real World and Near Peer Adversary Submarines.

The Secretary of the Navy shall conduct a review of the study conducted by the Chief of Naval Operations, N94 entitled “Requirements for and Potential Benefits of Realistically Simulating Real World and Near Peer Adversary Submarines”, published November 1, 2021, to determine compliance with congressional intent and reconcile the findings of the study with instructions provided by Congress through the conference report 116-617 accompanying H.R. 6395, the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283). Such review shall include an addendum that includes—

(1) views from Navy commands responsible for responding to foreign threats from adversary manned, diesel-powered submarines including the Navy’s Fifth and Seventh Fleets, including views on the ability to conduct threat assessments related to submersibles operated by third world and near-peer adversaries in the areas of operations of such commands; and

(2) input from relevant training schools and range operators associated with antisubmarine warfare regarding current training platforms intended to replicate such threats and the effectiveness of such training platforms.

SEC. 1079Q. Report on unmanned traffic management systems at military bases and installations.

(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report that includes—

(1) a detailed description of the threat of aerial drones and unmanned aircraft to United States national security; and

(2) an assessment of the unmanned traffic management systems of every military base and installation (within and outside the United States) to determine whether the base or installation is adequately equipped to detect, disable, and disarm hostile or unidentified unmanned aerial systems.

(b) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means the following:

(1) The Committee on Armed Services, the Committee on Commerce, Science, and Transportation, and the Committee on Foreign Relations of the Senate.

(2) The Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Transportation and Infrastructure of the House of Representatives.

SEC. 1079R. Report on non-domestic fuel use.

Not later than 60 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 total dollar amount the Department of Defense spent on fuel from non-domestic sources during the period beginning on January 1, 2021, and ending on the date of the enactment of this Act.

SEC. 1079S. Report on human trafficking as a result of Russian invasion of Ukraine.

The Secretary of Defense, in consultation with the Secretary of State, shall 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 on human trafficking as a result of the Russian invasion of Ukraine.

SEC. 1081. Technical and conforming amendments.

(a) Title 10, United States Code.—Title 10, United States Code, is amended as follows:

(1) The table of chapters at the beginning of subtitle A is amended by striking the item relating to the second chapter 19 (relating to cyber matters).

(2) Section 113 is amended—

(A) in subsection (l)(2)(F), by inserting a period after “inclusion in the armed forces”; and

(B) in subsection (m), by redesignating the section 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 4023”.

(5) Section 4423(e) is amended by striking “section 4003” and inserting “section 4023”.

(6) Section 4831(a) is amended by striking “section 4002” and inserting “section 4022”.

(7) Section 4833(c) is amended by striking “section 4002” and inserting “section 4022”.

(b) NDAA for fiscal year 2022.—Effective as of December 27, 2021, and as if included therein as enacted, the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) is amended as follows:

(1) Section 907(a) is amended by striking “116–283” and inserting “115–232”.

(c) National Defense Authorization Act for Fiscal Year 2020.—Effective as of December 27, 2021, and as if included therein as enacted, the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended as follows:

(1) Section 905 is amended—

(A) in subsection (a)(2), by inserting a period at the end; and

(B) in subsection (d)(1), by striking “subparagraph (B)” and inserting “paragraph (2)”.

(d) National Defense Authorization Act for Fiscal Year 2014.—Effective as of December 27, 2021, and as if included therein as enacted, the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) is amended as follows:

(1) 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 “of subsection (c)(3)” and inserting “paragraph (3)”.

(e) Automatic execution of conforming changes to tables of sections, tables of contents, and similar tabular entries in defense laws.—

(1) ELIMINATION OF NEED FOR SEPARATE CONFORMING AMENDMENT.—Chapter 1 of title 10, United States Code, is amended by adding at the end the following new section:

“§ 102. Effect of certain amendments on conforming changes to tables of sections, tables of contents, and similar tabular entries

“(a) Automatic execution of conforming changes.—When an amendment to a covered defense law adds a section or larger organizational unit to the covered defense law, repeals or transfers a section or larger organizational unit in the covered defense law, or amends the designation or heading of a section or larger organizational unit in the covered defense law, that amendment also shall have the effect of amending any table of sections, table of contents, or similar tabular entries in the covered defense law to alter the table to conform to the changes made by the amendment.

“(b) Exceptions.—Subsection (a) shall not apply to an amendment described in such subsection when—

“(1) the amendment or a clerical amendment enacted at the same time expressly amends a table of sections, table of contents, or similar tabular entries in the covered defense law to alter the table to conform to the changes made by the amendment; or

“(2) the amendment otherwise expressly exempts itself from the operation of this section.

“(c) Covered defense law.—In this section, the term ‘covered defense law’ means—

“(1) this title;

“(2) titles 32 and 37;

“(3) any national defense authorization Act that authorizes funds to be appropriated for a fiscal year to the Department of Defense; and

“(4) any other law designated in the text thereof as a covered defense law for purposes of application of this section.”.

(2) CONFORMING AMENDMENT.—The heading of chapter 1 of title 10, United States Code, is amended to read as follows:

“CHAPTER 1—DEFINITIONS, RULES OF CONSTRUCTION, CROSS REFERENCES, AND RELATED MATTERS”.

(3) APPLICATION OF AMENDMENT.—Section 102 of title 10, United States Code, as added by paragraph (1), shall apply to the amendments made by this section and other amendments made by this Act.

(f) Coordination With Other Amendments Made by This Act.—For purposes of applying amendments made by provisions of this Act other than this section, the amendments made by this section shall be treated as having been enacted immediately before any such amendments by other provisions of this Act.

SEC. 1082. Ronald V. Dellums Memorial Fellowship for Women of Color in STEAM.

(a) Establishment.—The Secretary of Defense shall establish a fellowship program, which shall be known as the “Ronald V. Dellums Memorial Fellowship for Women of Color in STEAM”, to provide scholarships and internships for eligible students with high potential talent in STEAM.

(b) Objectives.—In carrying out the program, the Secretary shall—

(1) consult with institutions of higher education and relevant professional associations, nonprofit organizations, and relevant defense industry representatives on the design of the program; and

(2) design the program in a manner such that the program—

(A) increases awareness of and interest in employment in the Department of Defense among underrepresented students in the STEAM fields, particularly women of color, who are pursuing a degree in a STEAM field;

(B) supports the academic careers of underrepresented students, especially women of color, in STEAM fields; and

(C) builds a pipeline of women of color with exemplary academic achievements in a STEAM field relevant to national security who can pursue careers in national security and in areas of national need.

(1) a scholarship program under subsection (d); and

(2) an internship program under subsection (e).

(d) Selection.—

(1) IN GENERAL.—Each fiscal year, subject to the availability of funds, the Secretary shall seek to select at least 30 eligible students to participate in the fellowship program under this section.

(2) STUDENTS FROM MINORITY-SERVING INSTITUTIONS AND HISTORICALLY BLACK COLLEGES AND UNIVERSITIES.—The Secretary may not award fewer than 50 percent of the fellowships under this section to eligible students who attend historically Black colleges and universities and minority-serving institutions.

(3) PRIORITY.—In awarding scholarships under this section, the Secretary shall give priority to students who are eligible to receive Federal Pell Grants under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a).

(4) SCHOLARSHIP.—

(A) AWARD.—Each fellow shall receive a scholarship for each academic year of the fellowship program.

(B) AMOUNT.—The amounts of scholarships awarded under this section shall not exceed—

(i) $10,000 per student in an academic year; and

(ii) $40,000 per student in the aggregate.

(C) USE OF SCHOLARSHIP FUNDS.—A fellow who receives a scholarship may only use the scholarship funds to pay for the cost of attendance at an institution of higher education.

(5) CONSIDERATION OF UNDERREPRESENTED STUDENTS IN STEAM FIELDS.—In awarding a fellowship under this section, the Secretary shall consider—

(A) the number and distribution of minority and female students nationally in science and engineering majors;

(B) the projected need for highly trained individuals in all fields of science and engineering;

(C) the present and projected need for highly trained individuals in science and engineering career fields in which minorities and women are underrepresented; and

(D) the lack of minorities and women in national security, especially in science and engineering fields in which such individuals are traditionally underrepresented.

(6) STUDENT AGREEMENT.—As a condition of the receipt of a scholarship under this section, a fellow shall agree—

(A) to maintain standard academic progress;

(B) to complete an internship described in subsection (e) in a manner that the Secretary determines is satisfactory; and

(C) upon completion of the degree that the student pursues while in the fellowship program, to work for the Federal Government or in the field of education in the area of study for which the scholarship or fellowship was awarded, for a period specified by the Secretary, which shall not be longer than the period for which scholarship assistance was provided to such student.

(7) ENFORCEMENT OF AGREEMENT.—The Secretary may enforce the agreement under paragraph (6) as the Secretary determines appropriate.

(8) DIRECT HIRE AUTHORITY.—Any appointment of a fellow under paragraph (6)(C) to a position in the Federal Government shall be made without regard to the provisions of section 3304 and sections 3309 through 3318 of title 5, United States Code.

(e) Internship.—

(1) IN GENERAL.—The Secretary shall establish an internship program that provides each student who is awarded a fellowship under this section with an internship in a an organization or element of the Department of Defense.

(2) REQUIREMENTS.—Each internship shall—

(A) to the extent practicable, last for a period of at least 10 weeks;

(B) include a stipend for transportation and living expenses incurred by the fellow during the fellowship; and

(3) MENTORSHIP.—To the extent practicable, each fellow 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.

(f) Duration and extensions.—

(1) DURATION.—Each fellowship awarded under this section shall be for a period of two years.

(2) EXTENSIONS.—Subject to this paragraphs (3) through (6), a fellow may apply for, and the Secretary may grant, a 1-year extension of the fellowship.

(3) NUMBER OF EXTENSIONS.—There shall be no limit on the number of extensions under paragraph (1) that the Secretary may grant an eligible student.

(4) LIMITATION ON DEGREES.—A fellow may use an extension of a fellowship under this section for the pursuit of not more than the following number of graduate degrees:

(A) Two master’s degrees, each of which must be in a STEAM field.

(B) One doctoral degree in a STEAM field.

(5) TREATMENT OF EXTENSIONS.—An extension granted under this subsection does not count for the purposes of determining—

(A) the number of fellowships authorized to be granted for a year under subsection (d)(1); or

(B) the percentage of fellowships granted to eligible students for a year, as determined under subsection (d)(2).

(6) EXTENSION REQUIREMENTS.—A fellow may receive an extension under this subsection only if—

(A) the fellow is in good academic standing with the institution of higher education in which the fellow is enrolled;

(B) the fellow has satisfactorily completed an internship under subsection (e); and

(i) a bachelor’s degree;

(ii) a master’s degree; or

(iii) a doctoral degree.

(g) Limitation on administrative costs.—For each academic year, the Secretary may use not more than 5 percent of the funds made available to carry out this section for administrative purposes, including for purposes of—

(1) outreach to institutions of higher education to encourage participation in the program; and

(2) promotion of the program to eligible students.

(h) Administration of program.—The Secretary may appoint a lead program officer to administer the program and to market the program among students and institutions of higher education.

(i) Reports.—Not later than 2 years after the date on which the first fellowship is awarded under this section, and each academic year thereafter, the Secretary of Defense shall submit to the appropriate congressional committees a report containing—

(1) a description and analysis of the demographic information of students who receive fellowships under this section, including information with respect to such students regarding—

(A) race, in the aggregate and disaggregated by the same major race groups as the decennial census of the population;

(B) ethnicity;

(D) eligibility to receive a Federal Pell Grant under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a); and

(E) in the case of graduate students, whether the students would be eligible to receive a Federal Pell Grant under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) if they were studying at the undergraduate level;

(2) an analysis of the effects of the program;

(3) a description of—

(A) the total number of students who obtain a degree with fellowship funds each year; and

(B) the type and total number of degrees obtained by fellows; and

(4) recommendations for changes to the program and to this section to ensure that women of color are being effectively served by such program.

(j) Definitions.—In this section:

(1) The term “appropriate congressional committees” means—

(A) the congressional defense committees;

(B) the Committee on Help, Education, Labor, and Pensions of the Senate; and

(2) The term “cost of attendance” has the meaning given that term in section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087II).

(3) The term “eligible student” means an individual who—

(A) submits an application for a fellowship under this section;

(B) is enrolled, or will be enrolled for the first year for which the student applies for a fellowship, in either the third or fourth year of a four-year academic program; and

(C) is enrolled, or will be enrolled for the first year for which the student applies for a fellowship, in an institution of higher education on at least a half-time basis.

(4) The term “fellow” means a student that was selected for the fellowship program under subsection (d).

(5) 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).

(6) 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).

(7) The term “minority-serving institution” means an institution specified in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).

(8) The term “STEAM” means science, technology, engineering, arts, and mathematics.

(9) The term “underrepresented student in a STEAM field” means a student who is a member of a minority group for which the number of individuals in such group who receive bachelor’s degrees in STEAM fields per 10,000 individuals in such group is substantially fewer than the number of White, non-Hispanic individuals who receive bachelor’s degrees in STEAM fields per 10,000 such individuals.

SEC. 1083. 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 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 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.

(1) IDENTIFICATION OF INSTALLATIONS.—Not later than June 1, 2023, the Secretary of Defense shall submit to the congressional defense committees a list of main operating bases within the area of responsibility of the United States European Command ranked according to mission criticality and vulnerability to energy disruption.

(2) SUBMITTAL OF PLANS.—Not later than 12 months after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees—

(A) an installation energy plan for each main operating base on the list submitted under paragraph (1); and

(B) an assessment of the feasibility of reaching the goal for the elimination of the use of Russian energy pursuant to subsection (b) on that base, including—

(i) a description of the steps that would be required to meet such goal; and

(ii) an analysis of the effects such steps would have on the national security of the United States.

(d) Content of plans.—Each installation energy plan for a main operating base shall include each of the following with respect to that base:

(1) An assessment of the energy resilience requirements, resiliency gaps, and energy-related cybersecurity requirements of the base, including with respect to operational technology, control systems, and facilities-related control systems.

(2) An identification of investments in technology required to improve energy resilience, reduce demand, strengthen energy conservation, and support mission readiness.

(3) An identification of investments in infrastructure, including microgrids, required to strengthen energy resilience and mitigate risk due to grid disturbance.

(4) Recommendations related to opportunities for the use of renewable energy, clean energy, nuclear energy, and energy storage projects to reduce dependence on natural gas.

(5) An assessment of how the requirements and recommendations included pursuant to paragraphs (2) through (4) interact with the energy policies of the country where the base is located, both at present and into the future.

(e) Implementation of plans.—

(1) DEADLINE FOR IMPLEMENTATION.—Not later than 30 days after the date on which the Secretary submits an installation energy plan for a base under subsection (c)(2), the Secretary shall—

(A) begin implementing the plan; and

(B) provide to the congressional defense committees a briefing on the contents of the plan and the strategy of the Secretary for implementing the mitigation measures identified in the plan.

(2) PRIORITIZATION OF CERTAIN PROJECTS.—In implementing an installation energy plan for a base under this section, the Secretary shall prioritize projects requested under section 2914 of title 10, United States Code, to mitigate assessed risks and improve energy resilience, energy security, and energy conservation at the base.

(3) NONAPPLICATION OF CERTAIN OTHER AUTHORITIES.—Subsection (d) of section 2914 of title 10, United States Code, shall not apply with respect to any project carried out pursuant to this section or pursuant to an installation energy plan for a base under this section.

(f) Policy for future bases.—The Secretary of Defense shall establish a policy to ensure that any new military base in the area of responsibility of the United States European Command is established in a manner that proactively includes the consideration of energy security, energy resilience, and mitigation of risk due to energy disruption.

(g) Annual congressional briefings.—The Secretary of Defense shall provide to the congressional defense committees annual briefings on the installation energy plans required under this section. Such briefings shall include an identification of each of the following:

(1) The actions each main operating base is taking to implement the installation energy plan for that base.

(2) The progress that has been made toward reducing the reliance of United States bases on Russian energy.

(3) The steps being taken and planned across the future-years defense program to meet the goal of eliminating reliance on Russian energy.

SEC. 1084. Commission on Civilian Harm.

(a) Establishment.—There is hereby established a commission, to be known as the “Commission on Civilian Harm” (in this section referred to as the “Commission”).

(b) Responsibilities.—

(1) GENERAL RESPONSIBILITIES.—The Commission shall carry out a study of the following:

(A) Civilian harm resulting from, or incidental to, the use of force by the United States Armed Forces that occurred during the period of inquiry.

(B) The policies, procedures, rules, and regulations of the Department of Defense for the prevention of, mitigation of, and response to civilian harm that were in effect during the period of inquiry.

(2) PARTICULAR DUTIES.—In carrying out the general responsibilities of the Commission under paragraph (1), the Commission shall carry out the following:

(A) Conduct an investigation into the record of the United States with respect to civilian harm during the period of inquiry, including by investigating a representative sample of incidents of civilian harm that occurred where the United States used military force (including incidents confirmed by media and civil society organizations and dismissed by the Department of Defense) by conducting hearings, witness interviews, document and evidence review, and site visits, when practicable.

(B) Identify the recurring causes of civilian harm, as well as the factors contributing to civilian harm, resulting from the use of force by United States Armed Forces during the period of inquiry and assess whether such causes and factors could be addressed and, if so, whether they were resolved.

(C) Assess the extent to which the United States Armed Forces have implemented the recommendations of Congress, the Department of Defense, other Government agencies, or civil society organizations, or the recommendations contained in studies sponsored or commissioned by the United States Government, with respect to the protection of civilians and efforts to minimize, investigate, and respond to civilian harm resulting from, or incidental to, United States military operations.

(D) Assess the responsiveness of the Department of Defense to incidents of civilian harm and the practices for responding to such incidents, including—

(i) assessments;

(ii) investigations;

(iii) acknowledgment; and

(iv) the provision of compensation payments, including the use of congressionally authorized ex gratia payments, assistance, and other responses.

(E) Assess the extent to which the United States Armed Forces comply with the rules, procedures, policies, memoranda, directives, and doctrine of the Department of Defense for preventing, mitigating, and responding to civilian harm.

(F) Assess the extent to which the policies, protocols, procedures, and practices of the Department of Defense for preventing, mitigating, and responding to civilian harm comply with applicable international humanitarian law, applicable international human rights law, and United States law, including the Uniform Code of Military Justice.

(G) Assess incidents of civilian harm that occurred, or allegedly occurred, during the period of inquiry, by—

(i) determining whether any such incidents were concealed, and if so by assessing the actions taken to conceal;

(ii) assessing the policies and procedures for whistle-blowers to report such incidents;

(iii) determining the extent of the responsiveness and effectiveness of Inspector General oversight, as applicable, regarding reports of incidents of civilian harm; and

(iv) assessing the accuracy of the United States Government public civilian casualty estimates.

(H) Assess the short-, medium-, and long-term consequences of incidents of civilian harm that occurred during the period of inquiry on—

(i) the affected communities, including humanitarian consequences;

(ii) the strategic interests of the United States; and

(iii) the foreign policy goals and objectives of the United States.

(I) Assess the extent to which the Department of Defense Instruction on Responding to Civilian Harm in Military Operations, as required by section 936 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 134 note), addresses issues identified during the investigation of the Commission and what further measures are needed to address issues that the Commission identifies during its operations.

(J) Assess the extent to which United States diplomatic goals and objectives were affected by the incidents of civilian harm during the period of inquiry.

(1) SECURITY CLEARANCES.—The appropriate Federal departments or agencies shall cooperate with the Commission in expeditiously providing to the members and staff of the Commission appropriate security clearances, to the extent possible, pursuant to existing procedures and requirements. No person shall be provided with access to classified information under this section without the appropriate security clearances.

(2) HEARINGS AND EVIDENCE.—The Commission or, on the authority of the Commission, any portion thereof, may, for the purpose of carrying out this section—

(A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as the Commission, or such portion thereof, may determine advisable; and

(B) provide for the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents as the Commission, or such portion thereof, may determine advisable.

(3) INABILITY TO OBTAIN DOCUMENTS OR TESTIMONY.—In the event that the Commission is unable to obtain testimony or documents needed to conduct its work, the Commission shall notify the congressional defense committees and appropriate investigative authorities.

(4) ACCESS TO INFORMATION.—The Commission may secure directly from the Department of Defense any information or assistance that the Commission considers necessary to enable the Commission to carry out the requirements of this section. Upon receipt of a request of the Commission for information or assistance, the Secretary of Defense shall furnish such information or assistance expeditiously to the Commission. Whenever information or assistance requested by the Commission is unreasonably refused or not provided, the Commission shall report the circumstances to Congress without delay.

(d) Composition.—

(1) NUMBER AND APPOINTMENT.—The Commission shall be composed of 12 members who are civilian individuals not employed by the Federal Government.

(2) MEMBERSHIP.—The members shall be appointed as follows:

(A) The Majority Leader and the Minority Leader of the Senate shall each appoint one member.

(B) The Speaker of the House of Representatives and the Minority Leader shall each appoint one member.

(D) The Chair and the Ranking Member of the Committee on Armed Services of the House of Representatives shall each appoint one member.

(E) The Chair and the Ranking Member of the Committee on Appropriations of the Senate shall each appoint one member.

(F) The Chair and Ranking Member of the Committee on Appropriations of the House of Representatives shall each appoint one member.

(3) CHAIR AND VICE CHAIR.—The Commission shall elect a Chair and Vice Chair from among its members.

(4) DEADLINE FOR APPOINTMENT.—Members shall be appointed to the Commission under paragraph (1) not later than 90 days after the date of the enactment of this Act.

(5) NONGOVERNMENTAL APPOINTEES.—An individual appointed to serve as a member of the Commission may not be an officer or employee of the Federal Government or of any State or local government or a member of the United States Armed Forces serving on active duty.

(e) Meetings.—

(1) INITIAL MEETING.—The Commission shall meet and begin the operations of the Commission not later than 120 days after the date of the enactment of this Act.

(2) QUORUM; VACANCIES.—After its initial meeting, the Commission shall meet upon the call of the Chair or a majority of its members. Five members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made.

(f) Staffing.—

(1) APPOINTMENT AND COMPENSATION.—The Chair, in accordance with rules agreed upon by the Commission, may 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 functions, 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 paragraph may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code.

(2) PERSONNEL.—The Commission shall have the authorities provided in section 3161 of title 5, United States Code, and shall be subject to the conditions set forth in such section, except to the extent that such conditions would be inconsistent with the requirements of this section.

(3) PERSONNEL AS FEDERAL EMPLOYEES.—

(A) IN GENERAL.—The staff director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.

(B) MEMBERS OF COMMISSION.—Subparagraph (A) shall not be construed to apply to members of the Commission.

(4) QUALIFICATIONS.—Commission personnel should have experience and expertise in areas including—

(A) international humanitarian law;

(B) human rights law;

(D) humanitarian response;

(E) United States military operations;

(F) national security policy;

(G) the languages, histories, and cultures of regions that have experienced civilian harm during the period of inquiry; and

(H) other such areas the members of the Commission determine necessary to carry out the responsibilities of the Commission under subsection (b).

(5) CONTRACTING.—The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this section.

(6) CONSULTANT SERVICES.—The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code.

(g) Reports.—

(1) INTERIM REPORT.—Not later than June 1, 2024, the Commission shall submit to the appropriate congressional committees an interim report on the study referred to in subsection (b)(1), including the results and findings of such study as of that date.

(2) OTHER REPORTS.—The Commission may, from time to time, submit to the appropriate congressional committees such other reports on such study as the Commission considers appropriate.

(3) FINAL REPORT.—Not later than two years after the date of the appointment of all of the members of the Commission under subsection (d), the Commission shall submit to the appropriate congressional committees a final report on such study. The report shall include—

(A) the findings of the Commission; and

(B) recommendations based on the findings of the Commission to improve the prevention, mitigation, assessment, and investigation of incidents of civilian harm.

(4) PUBLIC AVAILABILITY.—The Commission shall make publicly available on an appropriate internet website an unclassified version of each report submitted by the Commission under this subsection and shall ensure that such versions are minimally redacted only for legitimately classified information.

(h) Definitions.—In this section:

(1) The term “appropriate congressional committees” means—

(A) the congressional defense committees;

(B) the Committee on Foreign Affairs, the Committee on Oversight and Reform, the Committee on Transportation and Infrastructure, and the Permanent Select Committee on Intelligence of the House of Representatives; and

(C) the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, the Committee on Commerce, Science, and Transportation, and the Select Committee on Intelligence of the Senate.

(2) The term “civilian harm” means—

(A) the death or injury of a civilian; or

(B) destruction of civilian property.

(3) The term “period of inquiry” means the period beginning on the date of the enactment of the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note) and ending on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2023.

SEC. 1085. Department of Defense Center for Excellence in Civilian Harm Mitigation.

(a) Center for Excellence in Civilian Harm Mitigation.—

(1) IN GENERAL.—Chapter 7 of title 10, United States Code, is amended by inserting after section 183a the following new section:

“§ 184. Center for Excellence in Civilian Harm Mitigation

“(a) Establishment.—The Secretary of Defense shall operate a Center for Excellence in Civilian Harm Mitigation. The purpose of the center shall be to 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 more standardized civilian-harm operational reporting and data management processes to improve data collection, sharing, and learning to enable the Department of Defense to better learn from disparate investigations and events;

“(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) develop and recommend training and exercises for the prevention and investigation of civilian harm;

“(5) develop a repository of civilian casualty and civilian harm information; and

“(6) perform such other functions as the Secretary of Defense may specify.

“(c) Annual report.—The Secretary of Defense shall submit to the congressional defense committees, and make publicly available on an appropriate website of the Department, an annual report on the activities of the Center.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 183a the following new item:

“184. Center for Excellence in Civilian Harm Mitigation.”.

(b) Deadline for establishment.—The Center for Excellence in Civilian Harm Mitigation, as required under section 184 of title 10, United States Code, as added by subsection (a), shall be established by not later than 90 days after the date of the enactment of this Act.

(c) Report to Congress.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the establishment of such Center for Excellence in Civilian Harm Mitigation.

SEC. 1086. Sense of Congress regarding naming a warship the USS Fallujah.

It is the sense of Congress that the Secretary of the Navy should name a warship the “USS Fallujah”.

SEC. 1087. Standardization of sectional barge construction for Department of Defense use on rivers and intercoastal waterways.

The Secretary of Defense shall ensure that any sectional barge used by the Department of Defense—

(1) is built to a design that has been reviewed and approved, to the extent possible, by the American Bureau of Shipping, for the intended barge service, and using the rule set of the American Bureau of Shipping for building and classing steel vessels for service on rivers and intercoastal waterways; and

(2) has a deck design that provides for a minimum concentrated load capacity of 10,000 pounds per square foot.

SEC. 1088. Sense of Congress regarding naming warships after deceased Navy Medal of Honor recipients.

It is the sense of Congress that the Secretary of the Navy should name warships after deceased Navy recipients of the Medal of Honor from World War I to the present, who have not had a vessel named in their honor, as follows:

(1) Tedford H. Cann.

(2) Ora Graves.

(3) John MacKenzie.

(4) Patrick McGunigal.

(5) John H. Balch.

(6) Joel T. Boone.

(7) Jesse W. Covington.

(8) Edouard Izac.

(9) David E. Hayden.

(10) Alexander G. Lyle.

(11) Francis E. Ormsbee, Jr.

(12) Orlando H. Petty.

(13) Oscar Schmidt, Jr.

(14) Daniel A. J. Sullivan.

(15) Frank M. Upton.

(16) John O. Siegel.

(17) Henry Breault.

(18) Thomas J. Ryan.

(19) George R. Cholister.

(20) Thomas Eadie.

(21) William R. Huber.

(22) William Badders.

(23) James H. McDonald.

(24) John Mihalowski.

(25) Samuel G. Fuqua.

(26) William E. Hall.

(27) Herbert Schonland.

(28) Nathan G. Gordon.

(29) Arthur M. Preston.

(30) Eugene B. Fluckey.

(31) Robert Bush.

(32) Rufus G. Herring.

(33) Franklin J. Pierce.

(34) George L. Street.

(35) George E. Wahlen.

(36) William L. McGonagle.

SEC. 1089. Sense of Congress regarding the service and crew of the USS Oklahoma City.

(a) Findings.—Congress makes the following findings:

(1) The USS Oklahoma City is a nuclear-powered fast attack submarine named after Oklahoma City, the capital and most populous city in Oklahoma, and is the second ship in the history of the Navy to bear that name.

(2) The motto of the USS Oklahoma City is “The Sooner, The Better”, which is a testament to both the spirit of the people of Oklahoma City and the readiness of the 140-person crew of the USS Oklahoma City.

(3) The USS Oklahoma City was christened and launched on November 2, 1985, sponsored by Linda M. Nickles, and was commissioned for service on July 9, 1988, with Commander Kevin John Reardon as the first commanding officer of the submarine.

(4) Since the commissioning of the USS Oklahoma City, the USS Oklahoma City has traveled around the globe multiple times and has served in the Mediterranean, the Persian Gulf, the Pacific, and, most recently, Apra Harbor, Guam.

(5) In the aftermath of the April 19, 1995, bombing of the Alfred P. Murrah Federal Building in Oklahoma City, the crew of the USS Oklahoma City donated blood in support of the victims of the deadliest act of home- grown terrorism in the history of the United States, which resulted in the deaths of 168 individuals.

(6) The USS Oklahoma City was the first Navy submarine to transition from navigation using paper charts to an all-electronic navigation suite.

(7) On Friday, May 20, 2022, the inactivation ceremony for the USS Oklahoma City was held in Puget Sound Naval Shipyard to honor nearly 34 years of service.

(8) Throughout the career of the USS Oklahoma City, the USS Oklahoma City supported a range of missions, including anti-surface warfare, anti-submarine warfare, targeted strike missions, and intelligence, surveillance, and reconnaissance missions.

(b) Sense of Congress.—Congress recognizes the service of the Los Angeles-class attack submarine the USS Oklahoma City and the crew of the USS Oklahoma City, who served the United States with valor and bravery.

SEC. 1090. Target date for deployment of 5G wireless broadband infrastructure at all military installations.

(a) Target required.—The Secretary of Defense shall—

(1) establish a target date by which the Secretary plans to deploy 5G wireless broadband infrastructure at all military installations; and

(2) establish metrics, which shall be identical for each of the military departments, to measure progress toward reaching the target required by paragraph (1).

(b) Annual report.—The Secretary shall submit to the congressional defense committees and annual 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.—No report shall be required under subsection (b) after the date that is five years after the date of the enactment of this Act.

SEC. 1091. Inclusion of Air Force student pilots in personnel metrics for establishing and sustaining dining facilities at Air Education and Training Commands.

The Secretary of the Air Force shall revise the personnel metrics with respect to establishing and sustaining dining facilities at Air Education and Training Commands in the United States to include Air Force student pilots.

SEC. 1092. Sense of Congress regarding conduct of international naval review on July 4, 2026.

(a) Finding.—Congress finds that July 4, 2026, is the 250th birthday of the United States of America.

(b) Sense of Congress.—It is the sense of Congress that the Navy should conduct an international naval review on July 4, 2026.

SEC. 1093. Sense of Congress regarding crisis at the Southwest border.

(a) Findings.—Congress makes the following findings:

(1) Noncitizens with criminal convictions are routinely encountered at ports of entry and between ports of entry on the Southwest land border.

(2) Some of the inadmissible individuals encountered on the southwest border are known or suspected terrorists.

(3) Transnational criminal organizations routinely move illicit drugs, counterfeit products, and trafficked humans across the Southwest land border.

(b) Sense of Congress.—It is the sense of Congress that—

(1) the current level of illegal crossings and trafficking on the Southwest border represents a national security threat;

(2) the Department of Defense has rightly contributed personnel to aid the efforts of the United States Government to address the crisis at the Southwest border;

(3) the National Guard and active duty members of the Armed Forces are to be commended for their hard work and dedication in their response to the crisis at the Southwest land border; and

(4) border security is a matter of national security and the failure to address the crisis at the Southwest border introduces significant risk to the people of the United States.

SEC. 1094. National Commission on the Future of the Navy.

(a) National Commission on the Future of the Navy.—

(1) ESTABLISHMENT.—There is established the National Commission on the Future of the Navy (in this section referred to as the “Commission”).

(2) MEMBERSHIP.—

(A) COMPOSITION.—The Commission shall be composed of eight members, of whom—

(i) two shall be appointed by the Chairman of the Committee on Armed Services of the Senate, one of whom shall be a Member of the Senate and one whom shall not be;

(ii) two shall be appointed by the Ranking Member of the Committee on Armed Services of the Senate, one of whom shall be a Member of the Senate and one whom shall not be;

(iii) two shall be appointed by the Chairman of the Committee on Armed Services of the House of Representatives, one of whom shall be a Member of the House of Representatives and one whom shall not be; and

(iv) two shall be appointed by the Ranking Member of the Committee on Armed Services of the House of Representatives, one of whom shall be a Member of the House of Representatives and one whom shall not be.

(B) APPOINTMENT DATE.—The appointments of the members of the Commission shall be made not later than 90 days after the date of the enactment of this Act.

(C) EFFECT OF LACK OF APPOINTMENT BY APPOINTMENT DATE.—If one or more appointments under subparagraph (A)(i) is not made by the appointment date specified in subparagraph (B), the authority to make such appointment or appointments shall expire, and the number of members of the Commission shall be reduced by the number equal to the number of appointments so not made. If an appointment under subparagraph (A)(ii), (iii), (iv), or (v) is not made by the appointment date specified in subparagraph (B), the authority to make an appointment under such subparagraph shall expire, and the number of members of the Commission shall be reduced by the number equal to the number otherwise appointable under such subparagraph.

(D) EXPERTISE.—In making appointments under this subsection, consideration should be given to individuals with expertise in naval policy and strategy, naval forces capability, naval nuclear weapons, Naval force structure design, organization, and employment, shipbuilding, and shipbuilding infrastructure.

(3) PERIOD OF APPOINTMENT; VACANCIES.—Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment.

(4) CHAIR AND VICE CHAIR.—The Commission shall select a Chair and Vice Chair from among its members.

(5) INITIAL MEETING.—Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its initial meeting.

(6) MEETINGS.—The Commission shall meet at the call of the Chair.

(7) QUORUM.—A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.

(b) Duties of the Commission.—

(1) STUDY ON NAVAL FORCE STRUCTURE.—

(A) 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;

(B) CONSIDERATIONS.—In undertaking the study required by paragraph (1), the Commission shall carry out each of the following:

(i) An evaluation and identification of a structure for the Navy that—

(I) has the depth and scalability to meet current and anticipated requirements of the combatant commands;

(II) assumes three different funding levels of 2023 appropriated plus inflation; 2023 appropriated with 3-5 percent real growth; and unconstrained to meet the needs for war in the area of responsibility of United States Indo-Pacific Command and the area of responsibility of United States European Command;

(III) ensures that the Navy has the capacity needed to support current and anticipated homeland defense and disaster assistance missions in the United States;

(IV) provides for sufficient numbers of members of the Navy to ensure a 115 percent manning level of all deployed ships, similar to United States Special Operations Command;

(V) recommends a peacetime rotation force operational tempo goals;

(VI) recommends forward stationing requirements; and

(VII) manages strategic and operational risk by making tradeoffs among readiness, efficiency, effectiveness, capability, and affordability.

(ii) An evaluation and identification of combatant command demand and fleet size, including recommendations to support a balance of—

(I) readiness;

(II) training;

(III) routine ship maintenance;

(IV) personnel;

(V) forward presence; and

(VI) depot level ship maintenance.

(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.

(2) STUDY ON SHIPBUILDING AND INNOVATION.—

(A) IN GENERAL.—The Commission shall conduct a detail study on shipbuilding, shipyards, and integrating advanced information technologies such as augmented reality an artificial intelligence on the current fleet.

(B) CONSIDERATIONS.—In conducting the study required by subparagraph (A), the Commission shall consider the following:

(i) Recommendations for specific changes to the Navy’s Shipyard Infrastructure Optimization Program, to include legislative changes to providing a multi-year appropriation; additionally provides recommendations for bringing into the shipyards innovative technology companies as part of the overall modernization effort.

(ii) Recommendations for changes to the ship design and build program, to reduce risk, reduce cost, accelerate build timelines, and takes an incremental approach to change in future ship building.

(iii) Recommendations for changes to the ship depot maintenance program in order to reduce overhaul timelines, integrate current technologies into ships, and reduces costs.

(3) REPORT.—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 by paragraphs (1) and (2), together with its recommendations for such legislative actions as the Commission considers appropriate in light of the results of the studies.

(1) HEARINGS.—The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out its duties under this section.

(2) 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 Chair of the Commission, the head of such department or agency shall furnish such information to the Commission.

(3) POSTAL SERVICES.—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) Commission personnel matters.—

(1) COMPENSATION OF MEMBERS.—Each member of the Commission who is not an officer or employee of the Federal Government may be compensated at a rate not to exceed the daily equivalent of the annual rate of $155,400 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 or Members of Congress shall serve without compensation in addition to that received for their services as officers or employees of the United States.

(2) TRAVEL EXPENSES.—The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.

(3) STAFF.—

(A) IN GENERAL.—The Chair of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission.

(B) COMPENSATION.—The Chair of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.

(4) DETAIL OF GOVERNMENT EMPLOYEES.—Any 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.

(5) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.—The Chair of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.

(e) Termination of the Commission.—

(1) IN GENERAL.—The Commission shall terminate on the date that is five years after the date of the enactment of this Act.

(2) INAPPLICABILITY OF TERMINATION REQUIREMENT UNDER FACA.—Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the activities of the Commission under this section.

SEC. 1095. Transfer of aircraft to other departments for wildfire suppression and other purposes.

Section 1098(c)(1) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66) is amended by inserting “, search and rescue, or emergency operations pertaining to wildfires” after “purposes”.

SEC. 1096. 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. 1097. Availability of information regarding procurement of equipment by State and local governments through the Department of Defense.

Section 281 of title 10, United States Code, is amended—

(1) by redesignating subsection (d) as subsection (e); and

(2) by inserting after subsection (f) the following new subsection:

“(d) Availability of information.— (1) The Secretary, in coordination with the Administrator of General Services, shall establish and maintain a publicly available internet website that provides up-to-date and comprehensive information, in a searchable format, on the purchase of equipment under the procedures established under subsection (a) and the recipients of such equipment.

“(2) The information required to be made publicly available under paragraph (1) includes all unclassified information pertaining to such purchases, including—

“(A) the catalog of equipment available for purchase under subsection (c);

“(B) for each purchase of equipment under the procedures established under subsection (a)—

“(i) the recipient State or unit of local government;

“(ii) the purpose of the purchase;

“(iii) the type of equipment;

“(iv) the cost of the equipment; and

“(v) the administrative costs under subsection (b); and

“(C) other information the Secretary determines is necessary.

“(3) The Secretary shall update the information included on the internet website required under paragraph (1) on a quarterly basis.”.

SEC. 1098. Report on purchase and use by Department of Defense of location data generated by Americans’ phones and their internet metadata.

(a) Report required.—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 and make available to the public on an internet website of the Department of Defense a report that—

(1) identifies each covered entity that is currently, or during the five year period ending on the date of the enactment of this Act was, without a court order—

(A) obtaining in exchange for anything of value any covered records; and

(B) intentionally retaining or intentionally using such covered records; and

(2) for each covered entity identified pursuant to paragraph (1), identifies—

(A) each category of covered record the covered entity, without a court order, is obtaining or obtained, in exchange for anything of value;

(B) whether the covered entity intentionally retained or is intentionally retaining each category of covered records pursuant to subparagraph (A);

(C) whether the covered entity intentionally uses or used each category of covered records identified pursuant to subparagraph (A); and

(D) whether such obtaining, retention, and use ceased before the date of the enactment of this Act or is ongoing.

(b) Form.—The report submitted under subsection (a) shall be submitted in unclassified form.

(c) Determination of parties to a communication.—In determining under this section whether a party to a communication is likely to be located inside or outside the United States, the Secretary shall consider the Internet Protocol (IP) address used by the party to the communication, but may also consider other information known to the Secretary.

(d) Definitions.—In this section:

(1) The term “covered entities” means the Defense Agencies, Department of Defense activities, and components of the Department that—

(A) are under the authority, direction, and control of the Under Secretary of Defense for Intelligence and Security; or

(B) over which the Under Secretary exercises planning, policy, funding, or strategic oversight authority.

(2) The term “covered records” includes the following:

(A) Location data generated by phones that are likely to be located in the United States.

(B) Domestic phone call records.

(D) Domestic text message records.

(E) International text message records.

(F) Domestic netflow records.

(G) International netflow records.

(H) Domestic Domain Name System records.

(I) International Domain Name System records.

(J) Other types of domestic internet metadata.

(K) Other types of international internet metadata.

(3) The term “domestic” means a telephone or an internet communication in which all parties to the communication are likely to be located in the United States.

(4) (A) The term “international” means a telephone or an internet communication in which one or more parties to the communication are likely to be located in the United States and one or more parties to the communication are likely to be located outside the United States.

(B) The term “international” does not include a telephone or an internet communication in which all parties to the communication are likely to be located outside the United States.

(5) The term “obtain in exchange for anything of value” means to obtain by purchasing, to receive in connection with services being provided for consideration, or to otherwise obtain in exchange for consideration, including an access fee, service fee, maintenance fee, or licensing fee.

(6) (A) Except as provided in subparagraph (B), the term “retain” means the storage of a covered record.

(B) The term “retain” does not include the temporary storage of a covered record that will be, but has not yet been, subjected to a process in which the covered record, which is part of a larger compilation containing records that are not covered records, are identified and deleted.

(7) (A) Except as provided in subparagraph (B), the term “use”, with respect to a covered record, includes analyzing, processing, or sharing the covered record.

(B) The term “use” does not include subjecting the covered record to a process in which the covered record, which is part of a larger compilation containing records that are not covered records, are identified and deleted.

SEC. 1099. National tabletop exercise.

(a) Requirement.—Not later than 365 days of enactment of this Act, the Secretary of Defense shall conduct a tabletop exercise designed to test the resiliency of the United States across all aspects of national power in the event of an invasion of a covered defense partner. The Secretary may conduct subsequent similar exercises on a biennial basis.

(b) Planning and preparation.—A tabletop exercise under this section shall be prepared by Department of Defense personnel.

(c) Private sector.—In accordance with applicable laws and regulations regarding the protection of national security information, the Secretary may invite non-Government individuals or entities to participate in a tabletop exercise under this section.

(d) International partners.—The Secretary may invite allies and partners of the United States to participate in a tabletop exercise under this section.

(e) Observers.—The Secretary may invite representatives from the executive and legislative branches of the Federal Government to observe a tabletop exercise under this section.

(f) Consultation requirement.—The Secretary shall plan and execute a tabletop exercise under this section in consultation with the heads of the Federal departments and agencies who participate in the exercise, as determined by the Secretary.

(g) Elements.—A tabletop exercise under this section shall be designed to evaluate the following elements:

(1) The Federal Government response across all elements of national power to an invasion of a covered defense partner.

(2) The ability of the United States covered Armed Forces, alongside allied and partner militaries, to defeat an invasion of a covered defense partner.

(3) The resilience of domestic critical infrastructure and logistical chokepoints that may inhibit the mobility of the United States covered Armed Forces in responding to an invasion of a covered defense partner.

(4) The ability of the United States to coordinate an effective international public and private sector response.

(h) Briefing.—

(1) IN GENERAL.—Not later than 180 days after the date on which at tabletop exercise is conducted under this section, the Secretary shall provide to the appropriate congressional committees a briefing on the exercise.

(2) CONTENTS.—A briefing under paragraph (1) shall include—

(A) an assessment of the decision-making, capability, and response gaps observed in the tabletop exercise;

(B) recommendations to improve the response of the United States across all elements of national power in the case of an invasion of a covered defense partner;

(C) recommendations to improve the domestic resiliency and vulnerability of critical infrastructure of the United States in the case of an invasion of a covered defense partner; and

(D) appropriate strategies to address the recommendations identified in subparagraphs (B) and (C).

(i) Definitions.—In this section:

(1) The term “appropriate congressional committees” means—

(A) the Committee on Armed Services and the Committee on Oversight and Reform of the House of Representatives; and

(B) the Committee on Armed Services and the Committee on Homeland Security and Government Affairs of the Senate.

(2) The term “covered Armed Force” means—

(A) The Army.

(B) The Navy.

(D) The Air Force.

(E) The Space Force.

(3) The term “covered defense partner” means a country that is—

(A) identified as a partner in the document entitled “Department of Defense Indo-Pacific Strategy Report” issued on June 1, 2019; and

(B) located within 100 miles of the coast of a strategic competitor.

(4) The term “tabletop exercise” means an activity—

(A) in which key personnel assigned high-level roles and responsibilities are gathered to deliberate various simulated emergency or rapid response situations; and

(B) that is designed to be used to assess the adequacy of plans, policies, procedures, training, resources, and relationships or agreements that guide prevention of, response to, and recovery from a defined event.

SEC. 1099A. Greenhouse gas mitigation actions and results dashboard.

The Secretary of Defense shall establish a dashboard on an appropriate website of the Department of Defense and make publicly available on such dashboard relevant information on investments in non-GHG technologies, numbers of demonstrations completed, and information on links to commercialization in the civilian sector. Such dashboard shall be similar to the dashboard on the Department of Defense’s internal Advana Dashboard.

SEC. 1099B. Administration of risk-based surveys to certain educational institutions.

(a) Development required.—The Secretary of Defense, acting though the Voluntary Education Institutional Compliance Program of the Department of Defense, shall develop a risk-based survey for oversight of covered educational institutions.

(b) Scope.—

(1) IN GENERAL.—The scope of the risk-based survey developed under subsection (a) shall be determined by the Secretary.

(2) SPECIFIC ELEMENTS.—At a minimum the scope determined under paragraph (1) shall include the following:

(A) Rapid increase or decrease in enrollment.

(B) Rapid increase in tuition and fees.

(C) Complaints tracked and published from students pursuing programs of education, based on severity or volume of the complaints.

(D) Student completion rates.

(E) Indicators of financial stability.

(F) Review of the advertising and recruiting practices of the educational institution, including those by third-party contractors of the educational institution.

(G) Matters for which the Federal Government or a State Government brings an action in a court of competent jurisdiction against an educational institution, including matters in cases in which the Federal Government or the State comes to a settled agreement on such matters outside of the court.

(1) SUSPENSION.—If, pursuant to a risk-based survey under this section. the Secretary determines that an educational institution has experienced an action or event described in paragraph (2), the Secretary may suspend the participation of the institution in Department of Defense programs for a period of two-year, or such other period as the Secretary determines appropriate.

(2) ACTION OR EVENT DESCRIBED.—An action or event described in this paragraph is any of the following:

(A) The receipt by an educational institution of payments under the heightened cash monitoring level 2 payment method pursuant to section 487(c)(1)(B) of the Higher Education Act of 1965 (20 U.S.C. 1094).

(B) Punitive action taken by the Attorney General, the Federal Trade Commission, or any other Federal department or agency for misconduct or misleading marketing practices that would violate the standards defined by the Secretary of Veterans Affairs.

(D) The loss, or risk of loss, by an educational institution of an accreditation from an accrediting agency or association, including notice of probation, suspension, an order to show cause relating to the educational institution’s academic policies and practices or to its financial stability, or revocation of accreditation.

(E) The placement of an educational institution on provisional certification status by the Secretary of Education.

(d) Database.—The Secretary shall establish a searchable database or use an existing system, as the Secretary considers appropriate, to serve as a central repository for information required for or collected during site visits for the risk-based survey developed under subsection (a), so as to improve future oversight of educational institutions.

(e) Covered educational institution.—In this section, the term “covered educational institution” means an educational institution selected by the Secretary based on quantitative, publicly available metrics indicating risk designed to separate low-risk and high-risk institutions, to focus on high-risk institutions.

SEC. 1099C. Briefing on Guam and Northern Mariana Islands military construction costs.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on Guam and the Northern Mariana Islands on the future military construction requirements based on emerging threats in the region, ongoing relocations of members of the Armed Forces, and the total amount of funds obligated or expended from amounts appropriated or otherwise made available and for implementing the Record of Decision for the relocation of Marine Corps. Such briefing shall include—

(1) the projected funding for military construction through fiscal year 2030;

(2) the projected sustainment costs associated with military infrastructure through fiscal year 2030; and

(3) military infrastructure requirements through fiscal year 2030 exceeding the current funding restriction.

SEC. 1099D. Resources to implement Department of Defense policy on civilian harm in connection with United States military operations.

(a) Purpose.—The purpose of this section is to facilitate fulfillment of the requirements in section 936 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 134 note).

(b) Personnel.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall do the following:

(1) Assign within each of the United States Central Command, the United States Africa Command, the United States Special Operations Command, the United States European Command, the United States Southern Command, the United States Indo-Pacific Command, and the United States Northern Command not fewer than two personnel who shall have primary responsibility for the following in connection with military operations undertaken by such command:

(A) Providing guidance and oversight relating to prevention of and response to harm to civilians, promotion of observance of human rights, and the protection of civilians and civilian infrastructure, including ensuring implementation of the policy of the Department of Defense on harm to civilians resulting from United States military operations.

(B) Overseeing civilian harm prevention, mitigation, and response functions on behalf of the commander of such command.

(D) Analyzing incidents and trends with respect to harm to civilians, identifying lessons learned, and ensuring that lessons learned are incorporated into updated command guidance and practices.

(E) Offering condolences and amends for harm to civilians, including ex gratia payments.

(F) Ensuring the integration of activities relating to civilian harm prevention, mitigation, and response, the protection of civilians, and promotion of observance of human rights in security cooperation activities.

(G) Working with the Center for Excellence established under section 184 of title 10, United States Code, as added by section 1085.

(H) Consulting with non-governmental organizations on civilian harm and human rights matters.

(2) Assign within the Office of the Under Secretary of Defense for Policy not fewer than two personnel who shall have primary responsibility for implementing and overseeing implementation by the components of the Department of Defense of Department policy on harm to civilians resulting from United States military operations.

(3) Assign within the Joint Staff not fewer than two personnel who shall have primary responsibility for the following:

(A) Overseeing implementation by the components of the Department of Defense of Department policy on harm to civilians resulting from United States military operations.

(B) Developing and sharing in the implementation of such policy.

(1) IN GENERAL.—In each of fiscal years 2023 through 2025, the Secretary of Defense and each Secretary of a military department may obligate and expend, from amounts specified in paragraph (2), not more than $5,000,000 for the following:

(A) Training related to civilian harm prevention, mitigation, and response.

(B) Information technology equipment, support and maintenance, and data storage, in order to implement the policy of the Department relating to harms to civilians resulting from United States military operations as required by section 936 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019.

(2) FUNDS.—The funds for a fiscal year specified in this subparagraph are funds as follows:

(A) In the case of the Secretary of Defense, amounts authorized to be appropriated for such fiscal year for operation and maintenance, Defense-wide.

(B) In the case of a Secretary of a military department, amounts authorized to be appropriated for such fiscal year for operation and maintenance for the components of the Armed Forces under the jurisdiction of such Secretary.

SEC. 1099E. Availability of modular small arms range for Army Reserve in Puerto Rico.

The Secretary of Army shall ensure that a modular small arms range is made available for the Army Reserve in Puerto Rico.

SEC. 1099F. Independent epidemiological analysis of health effects from exposure to Department of Defense activities in Vieques.

(a) Agreement.—

(1) IN GENERAL.—The Secretary of Defense shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine for the National Academies of Sciences, Engineering, and Medicine to perform the services covered by this section.

(2) TIMING.—The Secretary shall seek to enter into the agreement described in paragraph (1) not later than 60 days after the date of the enactment of this Act.

(b) Studies.—

(1) IN GENERAL.—Under an agreement between the Secretary and the National Academies of Sciences, Engineering, and Medicine under this section, the National Academies of Sciences, Engineering, and Medicine shall carry out epidemiological studies of the short-term, long-term, primary, and secondary health effects caused or sufficiently correlated to exposure to chemicals and radioactive materials from activities of the Department of Defense in the communities of concern, including any recommendations. In carrying out such studies, the National Academies may incorporate the research generated pursuant to funding opportunity number EPA–G2019–ORD–A1.

(2) ELEMENTS.—The epidemiological studies carried out under paragraph (1) and the recommendations developed under such paragraph shall include the following:

(A) A list of known contaminants and their locations that have been left by the Department of Defense in the communities of concern.

(B) For each contaminant under subparagraph (A), an epidemiological study that—

(i) estimates the disease burden of current and past residents of Vieques, Puerto Rico, from such contaminants;

(ii) incorporates historical estimates of residents’ groundwater exposure to contaminants of concern that—

(I) predate the completion of the water-supply pipeline in 1978;

(II) include exposure to groundwater from Atlantic Weapons Fleet Weapons Training Area “Area of Concern E” and any other exposures that the National Academies determine necessary;

(III) consider differences between the aquifers of Vieques; and

(IV) consider the differences between public and private wells, and possible exposures from commercial or agricultural uses; and

(iii) includes estimates of current residents’ exposure to chemicals and radiation which may affect the groundwater, food, air, or soil, that—

(I) include current residents’ groundwater exposure in the event of the water-supply pipeline being temporarily lost; and

(II) is based on the actual practices of residents in Vieques during times of duress, for example the use of wells for fresh water following Hurricane Maria.

(C) An identification of Military Munitions Response Program sites that have not fully investigated whether contaminants identified at other sites are present or the degree of contamination present.

(D) The production of separate, peer-reviewed quality research into adverse health outcomes, including cancer, from exposure to drinking water contaminated with methyl tert-butyl ether (MTBE).

(E) Any other factors the National Academies determine necessary.

(1) IN GENERAL.—Not later than two years after the date of the execution of an agreement under subsection (a), the National Academies of Sciences, Engineering, and Medicine shall—

(A) submit to the appropriate congressional committees a report on the findings of the National Academies under subsection (b); and

(B) make available to the public on a publicly accessible website a version of the report that is suitable for public viewing.

(2) FORM.—The report submitted under paragraph (1)(A) shall be submitted in unclassified form.

(d) Definitions.—In this section:

(1) The term “appropriate congressional committees” means—

(A) the congressional defense committees; and

(B) the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.

(2) The term “communities of concern” means Naval Station Roosevelt Roads and the former Atlantic Fleet Weapons Training Area.

SEC. 1099G. Participation in Federal Transportation Incentive PRogram.

The Secretary of Navy shall coordinate with the Secretary of Transportation and public shipyards to increase participation in the Federal Transportation Incentive Program by—

(1) identifying current challenges in the Program structure; and

(2) implementing modifications that would reduce impediments to use and provide incentives for increased use by Federal employees.

SEC. 1099H. Report on initiatives of Department of Defense to source locally and regionally produced foods for installations of the Department.

(a) In general.—Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report detailing—

(1) current procurement practices of the Department of Defense regarding food for consumption or distribution on installations of the Department;

(2) efforts by the Department of Defense to establish and strengthen “farm to base” initiatives to source locally and regionally produced foods, including seafood, for consumption or distribution at installations of the Department;

(3) efforts by the Department to collaborate with relevant Federal agencies, including the Department of Veterans Affairs, the Department of Agriculture, and the Department of Commerce, to procure locally and regionally produced foods;

(4) opportunities where procurement of locally and regionally produced foods would be beneficial to members of the Armed Forces, their families, military readiness by improving health outcomes, and farmers near installations of the Department;

(5) barriers currently preventing the Department from increasing procurement of locally and regionally produced foods or preventing producers from partnering with nearby installations of the Department; and

(6) recommendations for how the Department can improve procurement practices to increase offerings of locally and regionally produced foods.

(b) Appropriate committees of Congress defined.—In this section, the term “appropriate committees of Congress” means—

(1) the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, and the Committee on Agriculture, Nutrition, and Forestry of the Senate; and

(2) the Committee on Armed Services, the Committee on Natural Resources, and the Committee on Agriculture of the House of Representatives.

SEC. 1099I. Limitations on sale and use of portable heating devices on military installations.

(a) Prohibition on sale of unsafe portable heating devices at commissary stores and MWR retail facilities.—The Secretary of Defense shall ensure that the following types of portable heating devices are not sold at a commissary store or MWR retail facility:

(1) Portable heating devices that do not comply with applicable voluntary consumer product safety standards.

(2) Portable heating devices that do not have an automatic shutoff function.

(b) Education for families living in military housing.—The commander of a military installation shall ensure that members of the Armed Forces assigned to that installation and living in military family housing, including military family housing acquired or constructed pursuant to subchapter IV of chapter 169 of title 10, United States Code, are provided with the recommendations of the Consumer Product Safety Commission for operating portable heating devices safely.

(1) The term “MWR retail facility” has the meaning given that term in section 1063 of title 10, United States Code.

(2) The term “portable heating device” means an electric heater that—

(A) is intended to stand unsupported (freestanding);

(B) can be moved from place to place within conditioned areas in a structure;

(D) transfers heat by radiation, convection, or both (either natural or forced); and

(E) is intended for residential use.

SEC. 1099J. Training and information for first responders regarding aid for victims of trauma-related injuries.

The Secretary of Defense shall ensure that the Department of Defense shares best practices with, and offers training to, State and local first responders regarding how to most effectively aid victims who experience trauma-related injuries.

SEC. 1099K. Public availability of cost of certain military operations to each United States taxpayer.

Section 1090 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) is amended—

(1) by inserting “(a) Publication of information.—” before “The Secretary of Defense”;

(2) by striking “of each of the wars in Afghanistan, Iraq, and Syria.” and inserting “of any overseas 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—

“(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 overseas contingency operation—

“(A) both the total cost to each taxpayer, and the cost to each taxpayer for each fiscal year, of conducting the overseas contingency operation;

“(B) a list of countries where the overseas contingency operation has taken place.

“(c) Updates.—The Secretary shall ensure that all the information required to be posted under subsection (a) is updated by not later than 90 days after the last day of each fiscal year.

“(d) Contingency operation defined.—In this section, the term ‘contingency operation’ has the meaning given such term in section 101(a)(13) of title 10, United States Code.”.

SEC. 1099L. Report on Department of Defense plan to achieve strategic overmatch in the information environment.

(a) In general.—Not later than April 1, 2023, the Secretary of Defense shall submit to the Committee on Armed Services of the House of Representatives a report on the following:

(1) A plan, developed in cooperation with relevant Federal agencies, for the Department of Defense to achieve strategic overmatch in the information environment, including—

(A) modifications and updates to existing policy or guidance;

(B) a description of impacts to future budget requests and funding priorities;

(C) updates to personnel policies to ensure the recruitment, promotion, retention, and compensation incentives for individuals with the necessary skills in the information environment; and

(D) a description of improvements to the collection, prioritization, and analysis of open source intelligence to better inform the understanding of competitors and adversaries to the Department of Defense in the information environment.

(2) A description of any initiatives, identified in cooperation with relevant Federal agencies, that the Secretary of Defense and such Federal agencies may undertake to assist and incorporate allies and partner countries of the United States into efforts to achieve strategic overmatch in the information environment.

(3) A description of other actions, including funding modifications, policy changes, or congressional action, are necessary to further enable widespread and sustained information environment operations of the Department of Defense relevant Federal agencies.

(4) Any other matters the Secretary of Defense determines appropriate.

(b) Information environment defined.—In this section, the term “information environment” has the meaning given in the publication of the Department of Defense titled “Joint Concept for Operating in the Information Environment (JCOIE)” dated July 25, 2018.

SEC. 1101. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas.

Subsection (a) of section 1101 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4615), as most recently amended by section 1112 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81), is further amended by striking “through 2022” and inserting “through 2023”.

SEC. 1102. 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), is further amended by striking “2023” and inserting “2024”.

SEC. 1103. Standardized credentials for law enforcement officers of the Department of Defense.

(a) Standardized credentials required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall—

(1) develop a standardized identification credential for Defense law enforcement officers;

(2) issue such credential to each such officer at no cost to such officer; and

(3) ensure that any Department of Defense common access card issued to such an officer clearly identifies the officer as a Defense law enforcement officer.

(b) Defense law enforcement officer defined.—In this section, the term “Defense law enforcement officer” means a member of the Armed Forces or civilian employee of the Department of Defense who—

(1) is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law;

(2) has statutory powers of arrest or apprehension under section 807(b) of title 10, United States Code (article 7(b) of the Uniform Code of Military Justice); and

(3) is authorized by the Department to carry a firearm.

SEC. 1104. Temporary extension of authority to provide security for former Department of Defense officials.

During the period beginning on the date of enactment of this Act and ending on January 1, 2024, subsection (b) of section 714 of title 10, United States Code, shall be applied—

(1) in paragraph (1)(A), by substituting “a serious and credible threat” for “an imminent and credible threat”;

(2) in paragraph (2)(B), by substituting “three years” for “two years”; and

(3) in paragraph (6)(A), by substituting—

(A) “congressional leadership and the congressional defense committees” for “the congressional defense committees”; and

(B) by substituting “the justification for such determination, scope of the protection, and the anticipated cost and duration of such protection” for “the justification for such determination”.

SEC. 1105. Increase in positions eligible for enhanced pay authority for certain research and technology positions in science and technology reinvention laboratories.

(a) In general.—Section 4094(e)(2) of title 10, United States Code, is amended by striking “five” and inserting “ten”.

(b) Application.—The amendment made by subsection (a) shall take effect immediately after section 851(a).

SEC. 1106. GAO Report on Federal Employee Paid Leave Act.

(a) In general.—Not later than January 1, 2024, the Comptroller General shall submit, to the Committee on Armed Services and the Committee on Oversight and Reform of the House of Representatives, a report on the implementation of the Federal Employee Paid Leave Act (subtitle A of title LXXVI of division F of Public Law 116–92), the Paid Parental Leave Technical Corrections Act of 2020 (section 1103 of Public Law 116–283, and the amendments made by such Acts.

(b) Contents.—The report under subsection (a) shall review, assess, and provide recommendations, as appropriate, on the following:

(1) Any data collected or used by the Office of Personnel Management on the use of paid parental leave provided by such Acts and the amendments made by such Acts.

(2) Office of Personnel Management and Federal agencies’ efforts to make employees aware of paid parental leave under such Acts and the amendments made by such Acts, address any obstacles to the use of paid parental leave, and monitor the impact of such Acts and the amendments made by such Acts on hiring, recruitment, and retention of employees.

SEC. 1107. Inflation bonus pay for certain Department of Defense civilian employees.

(a) General Schedule and other employees.—

(1) BONUS.—On the first day of the first pay period beginning on or after January 1, 2023, and on the first day of each of the months of February through December in calendar year 2023, the Secretary of Defense shall pay a bonus to each civilian employee of the Department of Defense who—

(A) is under the General Schedule and has an annual rate of basic pay equal to $45,000 or less; or

(B) is within the civil service (as that term is defined in section 2101 of title 5, United States Code), is not under the General Schedule or the Federal Wage System, and has an annual rate of basic pay equal to $45,000 or less.

(2) AMOUNT.—The monthly bonus paid under paragraph (1) to an employee shall be in an amount determined by the Secretary, based on prevailing economic conditions that adversely affect civilian employees, but in no case shall be less than 2.4 percent of the annual rate of basic pay in effect for such employee on the first day of such pay period.

(b) Federal Wage System employees.—

(1) BONUS.—On the first day that the wage survey adjustment for fiscal year 2023 takes effect in October of that fiscal year, and on and the first day of each of the months of November through September of such fiscal year, the Secretary of Defense shall pay a bonus to each civilian employee of the Department of Defense who—

(A) is a prevailing rate employee under the Federal Wage System; and

(B) has an annual rate of basic pay equal to $45,000 or less.

(1) may not be paid after December 1, 2023, or September 1, 2023, respectively; and

(2) shall not be considered to be basic pay of an employee for any purpose.

SEC. 1108. Flexible workplace programs.

Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall ensure that each Secretary of a military department modifies any guidance relating to flexible workplace programs to ensure that maximum practicable flexibility is allowed to permit employees to perform all or a portion of the duties of such employees—

(1) at a telecommuting center established pursuant to statute; or

(2) through the use of flexible workplace services agreements.

SEC. 1109. GAO study on Federal Wage System parity with local prevailing wage rate.

(a) Study.—The Comptroller General of the United States shall review the parity between the Federal Wage System and the prevailing wage rate for wage grade workers who maintain or repair, or help support those who maintain or repair U.S. Navy ships or submarines and—

(1) are employed at the four U.S. Navy public shipyards;

(2) are employed at domestic U.S. naval bases with facilities to maintain or repair U.S. Navy ships or submarines and are in vicinity of competitive private defense industry; or

(3) are employed at domestic U.S. naval bases with facilities to maintain or repair U.S. Navy ships or submarines and are located within close commuting distance from a high-income area, such that wage grade jobs must compete with other means of employment for workers of equivalent skillsets and academic achievement.

(b) Other requirements.—Such study shall also review—

(1) the Government-wide administration of the Federal Wage System including the regulations, policies, and processes for establishing or modifying geographic boundaries of local wage areas;

(2) the process of developing and administering the local wage surveys and setting wage schedules for all Federal Wage System workers including those discussed in subsection (a);

(3) the use of Federal contractors to perform work skills and occupational duties comparable to Federal Wage System employees at the four U.S. Navy public shipyards and domestic U.S. naval bases with facilities to maintain or repair U.S. Navy ships or submarines;

(4) the legal framework of the Federal Wage System and Department of Defense and Office of Personnel Management policies as compared to the General Schedule system, including differences in the local wage areas for workers, such as occupational coverage, geographic coverage, pay ranges, pay increase limits, and pay adjustment cycles; and

(5) provide recommendations to Congress, as applicable, based on the findings.

(c) Briefing.—Not later than 180 days after the date of enactment of this Act, the Comptroller General shall provide a briefing to the Committees on Armed Services of the Senate and House of Representatives on preliminary findings of such review.

(d) Report.—The Comptroller General shall submit to the committees identified in subsection (c) a report containing the final results of such review on a date agreed to at the time of the briefing.

SEC. 1110. Temporary authority to appoint retired members of the Armed Forces to Military Health System positions.

Section 1108 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—

(1) in subsection (a), by striking “subsection (b)” and inserting “subsection (b) or (c)”;

(2) in the heading for subsection (b), by striking “Positions” and inserting “Defense industrial base facility positions”;

(3) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively;

(4) by inserting after subsection (b) the following:

“(c) Military health system positions.—The positions in the Department described in this subsection are medical or health profession positions in the civil service within the military health system.”; and

(5) by amending subsection (f) (as redesignated by paragraph (3) of this section) to read as follows:

“(f) Definitions.—In this section—

“(1) the term ‘civil service’ has the meaning given that term in section 2101 of title 5, United States Code;

“(2) the term ‘medical or health profession positions’ means any position listed under any of paragraphs (1), (2), or (3) of section 7401 of title 38, United States Code; and

“(3) the terms ‘member’ and ‘Secretary concerned’ have the meaning given those terms in section 101 of title 37, United States Code.”.

SEC. 1111. Purchase of retired handguns by Federal law enforcement officers.

(a) In general.—Not later than 1 year after the date of enactment of this Act, the Administrator of General Services shall establish a program under which a Federal law enforcement officer may purchase a retired handgun from the Federal agency that issued the handgun to such officer.

(b) Limitations.—A Federal law enforcement officer may purchase a retired handgun under subsection (a) if—

(1) the purchase is made during the 6-month period beginning on the date the handgun was so retired;

(2) with respect to such purchase, the officer has passed a background check within 30 days of purchase under the national instant criminal background check system established under the Brady Handgun Violence Prevention Act; and

(3) with respect to such purchase, the officer is in good standing with the Federal agency that employs such officer.

(c) Cost.—A handgun purchased under this section shall be sold at the fair market value for such handgun taking into account the age and condition of the handgun.

(d) Sense of Congress on use of funds.—It is the sense of Congress that any amounts received by the Government from the sale of a handgun under this section should be transferred and used to fund evidence-based gun violence prevention or gun safety education and training programs.

(e) Definitions.—In this section—

(1) the term “Federal law enforcement officer” has the meaning given that term in section 115(c)(1) of title 18, United States Code;

(2) the term “handgun” has the meaning given that term in section 921(a) of title 18, United States Code; and

(3) the term “retired handgun” means any handgun that has been declared surplus by the applicable agency.

SEC. 1112. National Digital Reserve Corps.

(a) In general.—Subpart I of part III of title 5, United States Code, is amended by adding at the end the following new chapter:

“CHAPTER 104—NATIONAL DIGITAL RESERVE CORPS

“Sec. 10401. Definitions.
“Sec. 10402. Establishment.
“Sec. 10403. Organization.
“Sec. 10404. Assignments.
“Sec. 10405. Reservist continuing education.
“Sec. 10406. Congressional reports.

“SEC. 10401. Definitions.

“In this chapter:

“(1) ACTIVE RESERVIST.—The term ‘active reservist’ means a reservist holding a position to which such reservist has been appointed under section 10403(c)(2).

“(2) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of the General Services Administration.

“(3) COVERED EXECUTIVE AGENCY.—The term ‘covered Executive agency’ means an Executive agency as defined in section 105, except that such term includes the United States Postal Service, the Postal Regulatory Commission, and the Executive Office of the President.

“(4) PROGRAM.—The term ‘Program’ means the program established under section 10402(a).

“(5) RESERVIST.—The term ‘reservist’ means an individual who is a member of the National Digital Reserve Corps.

“SEC. 10402. Establishment.

“(a) Establishment.—There is established in the General Services Administration a program to establish, manage, and assign a reserve of individuals with relevant skills and credentials, to be know as the ‘National Digital Reserve Corps’, to help address the digital and cybersecurity needs of covered Executive agencies.

“(b) Implementation.—

“(1) GUIDANCE.—Not later than six months after the date of the enactment of this section, the Administrator shall issue guidance for the National Digital Reserve Corps, which shall include procedures for coordinating with covered Executive agencies to—

“(A) identify digital and cybersecurity needs which may be addressed by the National Digital Reserve Corps; and

“(B) assign active reservists to address such needs.

“(2) RECRUITMENT AND INITIAL ASSIGNMENTS.—Not later than one year after the date of the enactment of this section, the Administrator shall begin recruiting reservists and assigning active reservists under the Program.

“SEC. 10403. Organization.

“(a) Administration.—

“(1) IN GENERAL.—The National Digital Reserve Corps shall be administered by the Administrator.

“(2) RESPONSIBILITIES.—In carrying out the Program, the Administrator shall—

“(A) establish standards for serving as a reservist, including educational attainment, professional qualifications, and background checks;

“(B) ensure the standards established under subparagraph (A) are met;

“(C) recruit individuals to the National Digital Reserve Corps;

“(D) activate and deactivate reservists as necessary;

“(E) coordinate with covered Executive agencies to—

“(i) determine the digital and cybersecurity needs which reservists shall be assigned to address;

“(ii) ensure reservists have access, resources, and equipment required to address digital and cybersecurity needs which such reservists are assigned to address; and

“(iii) analyze potential assignments for reservists to determine outcomes, develop anticipated assignment timelines, and identify covered Executive agency partners;

“(F) ensure reservists acquire and maintain appropriate security clearances; and

“(G) determine what additional resources, if any, are required to successfully implement the Program.

“(b) National Digital Reserve Corps participation.—

“(1) SERVICE OBLIGATION AGREEMENT.—

“(A) IN GENERAL.—An individual may become a reservist only if such individual enters into a written agreement with the Administrator to become a reservist.

“(B) CONTENTS.—The agreement under subparagraph (A) shall—

“(i) require the individual seeking to become a reservist to serve as a reservist for a three-year period, during which such individual shall serve not less then 30 days per year as an active reservist; and

“(ii) set forth all other the rights and obligations of the individual and the General Services Administration.

“(2) COMPENSATION.—The Administrator shall determine the appropriate compensation for service as a reservists, except that the annual pay for such service shall not exceed $10,000.

“(3) EMPLOYMENT PROTECTIONS.—The Secretary of Labor shall prescribe such regulations as necessary to ensure the reemployment, continuation of benefits, and non-discrimination in reemployment of active reservists, provided that such regulations shall include, at a minimum, those rights and obligations set forth under chapter 43 of title 38.

“(4) PENALTIES.—

“(A) IN GENERAL.—A reservist that fails to accept an appointment under subsection (c)(2) or fails to carry out the duties assigned to reservist under such an appointment shall, after notice and an opportunity to be heard—

“(i) cease to be a reservist; and

“(ii) be fined an amount equal to the sum of—

“(I) an amount equal to the amounts, if any, paid under section 10405 with respect to such reservist, and

“(II) the difference between the amount of compensation such reservist would have received if the reservist completed the entire term of service as a reservist agreed to in the agreement described in paragraph (1) and the amount of compensation such reservist has received under such agreement.

“(B) EXCEPTION.—Subparagraph (A) shall not apply with respect to a failure of a reservist to accept an appointment under subsection (c)(2) or to carry out the duties assigned to the reservist under such an appointment if—

“(i) the failure was due to the death or disability of such reservist; or

“(ii) the Administrator determines that subparagraph (A) should not apply with respect to the failure.

“(c) Hiring authority.—

“(1) CORPS LEADERSHIP.—The Administrator may appoint, without regard to the provisions of subchapter I of chapter 33 (other than sections 3303 and 3328) of this title, qualified candidates to positions in the competitive service in the General Service Administration for which the primary duties are related to the management or administration of the National Digital Reserve Corps, as determined by the Administrator.

“(2) CORPS RESERVISTS.—

“(A) IN GENERAL.—The Administrator may appoint, without regard to the provisions of subchapter I of chapter 33 (other than sections 3303 and 3328), qualified reservists to temporary positions in the competitive service for the purpose of assigning such reservists under section 10404 and to otherwise carry out the National Digital Reserve Corps.

“(B) APPOINTMENT LIMITS.—

“(i) IN GENERAL.—The Administrator may not appoint an individual under this paragraph if, during the 365-day period ending on the date of such appointment, such individual has been an officer or employee of the executive or legislative branch of the United States Government, of any independent agency of the United States, or of the District of Columbia for not less than 130 days.

“(ii) AUTOMATIC APPOINTMENT TERMINATION.—The appointment of an individual under this paragraph shall terminate upon such individual being employed as an officer or employee of the executive or legislative branch of the United States Government, of any independent agency of the United States, or of the District of Columbia for 130 days during the previous 365 days.

“(C) EMPLOYEE STATUS.—An individual appointed under this paragraph shall be considered a special Government employee (as such term is defined in section 202(a) of title 18).

“(D) ADDITIONAL EMPLOYEES.—Individuals appointed under this paragraph shall be in addition to any employees of the General Services Administration whose duties relate to the digital or cybersecurity needs of the General Services Administration.

“SEC. 10404. Assignments.

“(a) In general.—The Administrator may assign active reservists to address the digital and cybersecurity needs of covered Executive agencies, including cybersecurity services, digital education and training, data triage, acquisition assistance, guidance on digital projects, development of technical solutions, and bridging public needs and private sector capabilities.

“(b) Assignment-specific access, resources, supplies, or equipment.—The head of a covered Executive agency shall, to the extent practicable, provide each active reservist assigned to address a digital or cybersecurity need of such covered Executive agency under subsection (a) with any specialized access, resources, supplies, or equipment required to address such digital or cybersecurity need.

“(c) Duration.—An assignment of an individual under subsection (a) shall terminate on the earlier of—

“(1) the date determined by the Administrator;

“(2) the date on which the Administrator receives notification of the decision of the head of the covered Executive agency, the digital or cybersecurity needs of which such individual is assigned to address under subsection (a), that such assignment should terminate; or

“(3) the date on which the assigned individual ceases to be an active reservist.

“SEC. 10405. Reservist continuing education.

“(a) In general.—Subject to the availability of appropriations, the Administrator may pay for reservists to acquire training and receive continuing education, including attending conferences and seminars and obtaining certifications, that will enable reservists to more effectively meet the digital and cybersecurity needs of covered Executive agencies.

“(b) Application.—The Administrator shall establish a process for reservists to apply for the payment of reasonable expenses related to the training or continuing education described in subsection (a).

“(c) Report.—Not later than one year after the date of the enactment of this section, and annually thereafter, the Administrator shall submit to Congress a report on the expenditures under this subsection.

“SEC. 10406. Congressional reports.

“Not later than two years after the date of the enactment of this section, and annually thereafter, the Administrator shall submit to Congress a report on the Program, including—

“(1) the number of reservists;

“(2) a list of covered Executive agencies that have submitted requests for support from the National Digital Reserve Corps;

“(3) the nature and status of such requests; and

“(4) with respect to each such request to which active reservists have been assigned and for which work by the National Digital Reserve Corps has concluded, an evaluation of such work and the results of such work by—

“(A) the covered Executive agency that submitted the request; and

“(B) the reservists assigned to such request.”.

(b) Clerical amendment.—The table of chapters for part III of title 5, United States Code, is amended by inserting after the item related to chapter 103 the following new item:

“104. National Digital Reserve Corps 10403”.

(c) Authorization of appropriations.—There is authorized to be appropriated $30,000,000, to remain available until fiscal year 2023, to carry out the program established under section 10402(a) of title 5, United States Code, as added by this section.

SEC. 1121. Short title.

This subtitle may be cited as the “Periodically Listing Updates to Management Act of 2022” or the “PLUM Act of 2022”.

SEC. 1122. 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:

“§ 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; and

“(B) the Executive Office of the President and any component within that Office (including any successor component), including—

“(i) the Council of Economic Advisors;

“(ii) the Council on Environmental Quality;

“(iii) the National Security Council;

“(iv) the Office of the Vice President;

“(v) the Office of Policy Development;

“(vi) the Office of Administration;

“(vii) the Office of Management and Budget;

“(viii) the Office of the United States Trade Representative;

“(ix) the Office of Science and Technology Policy;

“(x) the Office of National Drug Control Policy; and

“(xi) the White House Office, including the White House Office of Presidential Personnel.

“(2) APPOINTEE.—The term ‘appointee’—

“(A) means an individual serving in a policy and supporting position; and

“(B) includes an individual serving in such a position temporarily in an acting capacity in accordance with—

“(i) sections 3345 through 3349d (commonly referred to as the ‘Federal Vacancies Reform Act of 1998’);

“(ii) any other statutory provision described in section 3347(a)(1); or

“(iii) a Presidential appointment described in section 3347(a)(2).

“(3) COVERED WEBSITE.—The term ‘covered website’ means the website established and maintained by the Director under subsection (b).

“(4) DIRECTOR.—The term ‘Director’ means the Director of the Office of Personnel Management.

“(5) POLICY AND SUPPORTING POSITION.—The term ‘policy and supporting position’—

“(A) means any position at an agency, as determined by the Director, that, but for this section and section 2(b)(3) of the PLUM Act of 2022, would be included in the publication entitled ‘United States Government Policy and Supporting Positions’ (commonly referred to as the ‘Plum Book’); and

“(B) may include—

“(i) a position on any level of the Executive Schedule under subchapter II of chapter 53, or another position with an equivalent rate of pay;

“(ii) a general position (as defined in section 3132(a)(9)) in the Senior Executive service;

“(iii) a position in the Senior Foreign Service;

“(iv) a position of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, or any successor regulation; and

“(v) any other position classified at or above level GS–14 of the General Schedule (or equivalent) that is excepted from the competitive service by law because of the confidential or policy-determining nature of the position duties.

“(b) Establishment of website.—Not later than 1 year after the date of enactment of the PLUM Act of 2022, the Director shall establish, and thereafter the Director shall maintain, a public website containing the following information for the President in office on the date of establishment and for each subsequent President:

“(1) Each policy and supporting position in the Federal Government, including any such position that is vacant.

“(2) The name of each individual who—

“(A) is serving in a position described in paragraph (1); or

“(B) previously served in a position described in such paragraph under the applicable President.

“(3) Information on—

“(A) any Government-wide or agency-wide limitation on the total number of positions in the Senior Executive Service under section 3133 or 3134 or the total number of positions under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations; and

“(B) the total number of individuals occupying such positions.

“(c) Contents.—With respect to any policy and supporting position listed on the covered website, the Director shall include—

“(1) the agency, and agency component, (including the agency and bureau code used by the Office of Management and Budget) in which the position is located;

“(2) the name of the position;

“(3) the name of the individual occupying the position (if any);

“(4) the geographic location of the position, including the city, State or province, and country;

“(5) the pay system under which the position is paid;

“(6) the level, grade, or rate of pay;

“(7) the term or duration of the appointment (if any);

“(8) the expiration date, in the case of a time-limited appointment;

“(9) a unique identifier for each appointee;

“(10) whether the position is vacant; and

“(11) for any position that is vacant—

“(A) for a position for which appointment is required to be made by the President, by and with the advice and consent of the Senate, the name of the acting official; and

“(B) for other positions, the name of the official performing the duties of the vacant position.

“(d) Current data.—For each agency, the Director shall indicate in the information on the covered website the date that the agency last updated the data.

“(e) Format.—The Director shall make the data on the covered website available to the public at no cost over the internet in a searchable, sortable, downloadable, and machine-readable format so that the data qualifies as an open Government data asset, as defined in section 3502 of title 44.

“(f) Authority of Director.—

“(1) INFORMATION REQUIRED.—Each agency shall provide to the Director any information that the Director determines necessary to establish and maintain the covered website, including the information uploaded under paragraph (4).

“(2) REQUIREMENTS FOR AGENCIES.—Not later than 1 year after the date of enactment of the PLUM Act of 2022, the Director shall issue instructions to agencies with specific requirements for the provision or uploading of information required under paragraph (1), including—

“(A) specific data standards that an agency shall follow to ensure that the information is complete, accurate, and reliable;

“(B) data quality assurance methods; and

“(C) the timeframe during which an agency shall provide or upload the information, including the timeframe described under paragraph (4).

“(3) PUBLIC ACCOUNTABILITY.—The Director shall identify on the covered website any agency that has failed to provide—

“(A) the information required by the Director;

“(B) complete, accurate, and reliable information; or

“(C) the information during the timeframe specified by the Director.

“(4) ANNUAL UPDATES.—

“(A) IN GENERAL.—Not later than 90 days after the date on which the covered website is established, and not less than once during each year thereafter, the head of each agency shall upload to the covered website updated information (if any) on—

“(i) the policy and supporting positions in the agency;

“(ii) the appointees occupying such positions in the agency; and

“(iii) the former appointees who served in such positions in the agency under the President then in office.

“(B) SUPPLEMENT NOT SUPPLANT.—Information provided under subparagraph (A) shall supplement, not supplant, previously provided information under that subparagraph.

“(5) OPM HELP DESK.—The Director shall establish a central help desk, to be operated by not more than 1 full-time employee, to assist any agency with implementing this section.

“(6) COORDINATION.—The Director may designate 1 or more agencies to participate in the development, establishment, operation, and support of the covered website. With respect to any such designation, the Director may specify the scope of the responsibilities of the agency so designated.

“(7) DATA STANDARDS AND TIMING.—The Director shall make available on the covered website information regarding data collection standards, quality assurance methods, and time frames for reporting data to the Director.

“(8) REGULATIONS.—The Director may prescribe regulations necessary for the administration of this section.

“(g) Responsibility of agencies.—

“(1) PROVISION OF INFORMATION.—Each agency shall comply with the instructions and guidance issued by the Director to carry out this section, and, upon request of the Director, shall provide appropriate assistance to the Director to ensure the successful operation of the covered website in the manner and within the timeframe specified by the Director under subsection (f)(2).

“(2) ENSURING COMPLETENESS, ACCURACY, AND RELIABILITY.—With respect to any submission of information described in paragraph (1), the head of an agency shall include—

“(A) an explanation of how the agency ensured the information is complete, accurate, and reliable; and

“(B) a certification that the information is complete, accurate, and reliable.

“(h) Information verification.—

“(1) CONFIRMATION.—

“(A) IN GENERAL.—On the date that is 90 days after the date on which the covered website is established, the Director, in coordination with the White House Office of Presidential Personnel, shall confirm that the information on the covered website is complete, accurate, reliable, and up-to-date.

“(B) CERTIFICATION.—On the date on which the Director makes a confirmation under subparagraph (A), the Director shall publish on the covered website a certification that the confirmation has been made.

“(2) AUTHORITY OF DIRECTOR.—In carrying out paragraph (1), the Director may—

“(A) request additional information from an agency; and

“(B) use any additional information provided to the Director or the White House Office of Presidential Personnel for the purposes of verification.

“(3) PUBLIC COMMENT.—The Director shall establish a process under which members of the public may provide feedback regarding the accuracy of the information on the covered website.

“(i) Data archiving.—

“(1) IN GENERAL.—As soon as practicable after a transitional inauguration day (as defined in section 3349a), the Director, in consultation with the Archivist of the United States, shall archive the data that was compiled on the covered website for the preceding presidential administration.

“(2) PUBLIC AVAILABILITY.—The Director shall make the data described in paragraph (1) publicly available over the internet—

“(A) on, or through a link on, the covered website;

“(B) at no cost; and

“(C) in a searchable, sortable, downloadable, and machine-readable format.”.

(2) CLERICAL AMENDMENT.—The table of sections for subchapter I of chapter 33 of title 5, United States Code, is amended by adding at the end the following:

“3330f. Government policy and supporting position data.”.

(b) Other matters.—

(1) DEFINITIONS.—In this subsection, the terms “agency”, “covered website”, “Director”, and “policy and supporting position” have the meanings given those terms in section 3330f of title 5, United States Code, as added by subsection (a).

(2) GAO REVIEW AND REPORT.—Not later than 1 year after the date on which the Director establishes the covered website, the Comptroller General of the United States shall conduct a review of, and issue a briefing or report on, the implementation of this subtitle and the amendments made by this subtitle, which shall include—

(A) the quality of data required to be collected and whether the data is complete, accurate, timely, and reliable;

(B) any challenges experienced by agencies in implementing this subtitle and the amendments made by this subtitle; and

(C) any suggestions or modifications to enhance compliance with this subtitle and the amendments made by this subtitle, including best practices for agencies to follow.

(3) SUNSET OF PLUM BOOK.—Beginning on January 1, 2026—

(A) the covered website shall serve as the public directory for policy and supporting positions in the Government; and

(B) the publication entitled “United States Government Policy and Supporting Positions”, commonly referred to as the “Plum Book”, shall no longer be issued or published.

(4) FUNDING.—

(A) IN GENERAL.—No additional amounts are authorized to be appropriated to carry out this subtitle or the amendments made by this subtitle.

(B) OTHER FUNDING.—The Director shall carry out this subtitle and the amendments made by this subtitle using amounts otherwise available to the Director.

SEC. 1201. Modifications to annual reports on security cooperation.

(a) 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”.

(b) Annual report on security cooperation activities.—Section 386 of title 10, United States Code, is amended to read as follows:

“§ 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 preceding the fiscal year in which such report is submitted, pursuant to one or more of the authorities listed in subsection (b).

“(b) Elements of report.—Each report required under subsection (a) shall include, with respect to each country and for the entirety of the period covered by such report, the following:

“(1) A narrative summary that provides a—

“(A) brief overview of the primary security cooperation objectives for the activities encompassed by the report;

“(B) a description of how such activities advance the theater security cooperation strategy of the relevant geographic combatant command; and

“(C) a description of efforts to prevent civilian harm and human rights violations.

“(2) A table that includes an aggregated amount with respect to each of the following:

“(A) With respect to amounts made available for section 332(a) of this title, the Department of Defense cost to provide any Department personnel as advisors to a ministry of defense.

“(B) With respect to amounts made available for section 332(b) of this title, the Department of Defense incremental execution costs to conduct activities under such section.

“(C) With respect to section 333 of this title, the value of all programs for which notice is required by such section.

“(D) With respect to 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.

“(E) 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.

“(F) 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.

“(G) 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 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.

“(F) 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.

“(G) Pursuant to the authorities under sections 343, 345, 348, 349, 350 and 352 of this title, the total number of partner country personnel who began training during the period of the report.

“(H) 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.

“(I) 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 operational capability assisted;

“(iii) a description of the nature of the assistance being provided; and

“(iv) the estimated cost included in the notice provided for such assistance.

“(E) With respect to each 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 the foreign country.

“(F) 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 in the activity.

“(G) With respect to each training event that commenced under section 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.

“(H) With respect to each new project approved under section 2561 of this title during the period of the report and funded through the Overseas Humanitarian Disaster and Civic Aid account—

“(i) the title of the project;

“(ii) a description of the assistance to be provided; and

“(iii) the anticipated cost to provide such assistance.”.

SEC. 1202. 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. 1203. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations.

Section 1233 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 393) is amended—

(1) in subsection (a), by striking “for the period beginning on October 1, 2021, and ending on December 31, 2022” and inserting “for the period beginning on October 1, 2022, and ending on December 31, 2023”; and

(2) in subsection (d)—

(A) by striking “during the period beginning on October 1, 2021, and ending on December 31, 2022” and inserting “during the period beginning on October 1, 2022, and ending on December 31, 2023”; and

(B) by striking “$60,000,000” and inserting “$30,000,000”.

SEC. 1204. Modification to authority to build capacity of foreign security forces.

Subsection (a) of section 333 of title 10, United States Code, is amended—

(1) in paragraph (3), by inserting “or other counter-illicit trafficking operations” before the period at the end; and

(2) by adding at the end the following new paragraph:

“(10) Operations or activities that maintain or enhance the climate resilience of military or security infrastructure supporting security cooperation programs under this section.”.

SEC. 1205. Public report on military capabilities of China, Iran, North Korea, and Russia.

(a) Public report on military capabilities of covered countries.—Chapter 23 of title 10, United States Code, is amended by inserting after section 486 the following new section:

“§ 487. Public report on military capabilities of covered countries

“(a) Annual report.—Not later than January 30 of each year through 2027, the Secretary of Defense, in consultation with the Director of National Intelligence, shall make publicly available on the internet website of the Department of Defense a report on the military capabilities of each covered country.

“(b) Matters included.—Each report under subsection (a) shall include, with respect to each covered country—

“(1) an assessment of the grand strategy, security strategy, and military strategy, including the goals and trends of such strategies;

“(2) an estimate of the funds spent annually on developing conventional forces, unconventional forces, and nuclear and missile forces;

“(3) an assessment of the size and capabilities of the conventional forces;

“(4) an assessment of the size and capability of the unconventional forces and related activities;

“(5) with respect to the forces described in subsection (d)(3)(B), an assessment of the types and amount of support, including—

“(A) lethal and non-lethal supplies; and

“(B) training provided; and

“(6) an assessment of the capabilities of the nuclear and missile forces and related activities, including—

“(A) the nuclear weapon capabilities;

“(B) the ballistic missile forces; and

“(C) the development of the nuclear and missile forces since the preceding year.

“(c) Form.—Each report under subsection (a) shall be made available in unclassified form, consistent with the protection of intelligence sources and methods.

“(d) Nonduplication of efforts.—The Secretary of Defense may use or add to any existing reports completed by the Secretary of Defense or Director of National Intelligence to respond to the reporting requirement under subsection (a).

“(e) Definitions.—In this section:

“(1) The term ‘conventional forces’ means, with respect to a covered country, military forces designed to conduct operations in sea, air, space, cyberspace, the electromagnetic spectrum, or land, other than unconventional forces, ballistic forces, and cruise missile forces.

“(2) The term ‘covered country’ means each of the following:

“(A) China.

“(B) Iran.

“(C) North Korea.

“(D) Russia.

“(3) The term ‘unconventional forces’, with respect to a covered country—

“(A) means forces that carry out missions typically associated with special operations forces; and

“(B) includes any organization that—

“(i) has been designated by the Secretary of State as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); or

“(ii) has been assessed by the Secretary of Defense as being willing to act under the control or at the direction of such covered country.”.

(b) Clerical amendment.—The table of contents for chapter 23 of title 10, United States Code, is amended by inserting after the item related to section 486 the following item:

“487. Public report on military capabilities of covered countries.”.

SEC. 1206. Security cooperation programs with foreign partners to advance women, peace, and security.

(a) In general.—Subchapter V of chapter 16 of title 10, United States Code, is amended by adding at the end the following new section:

“§ 353. Women, peace, and security programs

“(a) In general.—The Secretary of Defense, with the concurrence of the Secretary of State, may conduct or support security cooperation programs and activities involving the national military or national-level security forces of a foreign country or other covered personnel to advise, train, and educate such forces or such other covered personnel with respect to—

“(1) the recruitment, employment, development, retention, promotion, and meaningful participation in decision making of women and underrepresented groups;

“(2) sexual harassment, sexual assault, domestic abuse, and other forms of sexual and gender-based violence that disproportionately impact women and underrepresented groups;

“(3) the integration of gender analysis into security sector policy, planning, exercises, and training;

“(4) the requirements of women and underrepresented groups, including providing appropriate gender sensitive equipment and facilities;

“(5) the development of educational curriculum on women, peace, and security within professional military education programming and other security forces training;

“(6) the establishment, training, and development of gender advisory workforces within women, peace, and security programs; and

“(7) the implementation of activities described in this subsection.

“(b) Payment of expenses for advancement of objectives.—The Secretary of Defense may pay for the travel, transportation, and subsistence expenses of national military and national-level security forces of a foreign country or other covered personnel that the Secretary considers necessary for the advancement of the objectives of this section.

“(c) Other covered personnel defined.—In this section, the term ‘other covered personnel’ means personnel of—

“(1) the ministry of defense, or a governmental entity with a similar function, of a foreign country;

“(2) a regional organization with a security mission;

“(3) personnel of a friendly foreign government other than personnel of national security forces; or

“(4) personnel of a non-governmental organization.”.

(b) Clerical amendment.—The table of sections at the beginning of subchapter V of chapter 16 of title 10, United States Code, is amended by adding at the end the following new item:

“353. Women, peace, and security programs.”.

(c) Women, peace, and security curricula for pre-commissioning education programs and joint professional military education.—

(1) INTEGRATION OF WOMEN, PEACE, AND SECURITY CURRICULA.—The Secretary of Defense shall develop a plan to incorporate women, peace, and security studies as a component of the core curricula of pre-commissioning education programs and joint professional military education programs to further implementation of the Women, Peace, and Security Act of 2017 (Public Law 115–68; 22 U.S.C. 2151 note), including an analysis of the resources needed to develop a standardized women, peace, and security curriculum.

(2) REPORT.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report detailing the plan developed under paragraph (1).

(3) BRIEFING.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall brief the appropriate congressional committees on the report under paragraph (2) detailing the plan developed under paragraph (1).

(4) DEFINITIONS.—In this subsection:

(A) The term “appropriate congressional committees” means—

(i) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and

(ii) the Committee on Armed Services and the Committee on Foreign Relations of the Senate.

(B) The term “joint professional military education program” means a program or course of instruction established pursuant to a provision of chapter 107 of title 10, United States Code.

(i) the United States Military Academy;

(ii) the United States Naval Academy; or

(iii) the United States Air Force Academy.

(d) Plan for development and management of gender advisor workforce.—

(1) PLAN REQUIRED.—The Secretary of Defense shall develop and implement a plan to standardize the role and duties of the gender advisor workforce of the Department of Defense responsible for supporting the implementation of the Women, Peace, and Security Act of 2017 (Public Law 115–68; 22 U.S.C. 2151 note).

(2) ELEMENTS.—The plan required by paragraph (1) shall consist of such elements relating to the development and management of the gender advisor workforce, including an assessment of—

(A) the funds, resources, and authorities needed to establish and develop the gender advisor role into a full-time, billeted, and resourced position across organizations within the Department of Defense, including the military departments, Armed Forces, the combatant commands, and defense agencies and field activities;

(B) the actions the Secretary will take to develop and standardize position descriptions of the gender advisor workforce, including gender advisors and gender focal points, across organizations within the Department;

(C) the Department’s existing training programs for gender advisors and gender focal points, including the creation and funding of a credentialing program for gender advisors to foster the development of a professionalized cadre of gender advisors.

(D) a self-assessment of the Department's progress in implementing a fully trained cadre of gender advisors appropriately placed within the Department and a plan to address any gaps or deficiencies; and

(E) the actions the Secretary will carry out for incorporating the total amount of expenditures and proposed appropriations necessary to support the program, projects, and activities of the gender advisor workforce into future years defense program submissions to Congress.

(3) REPORT.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report detailing the Secretary’s progress in implementing the plan required by paragraph (1).

(4) DEFINITIONS.—In this subsection—

(A) the term “appropriate congressional committees” means—

(i) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and

(ii) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and

(B) the term “gender advisor workforce” means all gender advisors and gender focal points across the Department of Defense.

SEC. 1207. Strategy for security cooperation.

(a) Strategy required.—Not later than 1 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 appropriate congressional committees a strategy to improve security partner cooperation, increase the safety of United States personnel in partner countries, and increase the safety of the personnel of such countries, by working to improve partner military operations. Such strategy shall seek to advance accurate targeting and avoid unintentionally targeting civilians or life-sustaining civilian infrastructure, which has the potential to put United States and partner country personnel in life-threatening danger by radicalizing local populations, and shall include improvements to the ability of partner countries with respect to—

(1) intelligence collection, evaluation, and dissemination, including by improving the evaluation of hostile intent and discernment between hostile intent and hostile action; and

(2) the evaluation and accuracy of determining correct targets by increasing understanding of civilian populations, population centers, and local civilian infrastructure such as water systems infrastructure, food infrastructure, and education and health care infrastructure.

(b) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and

(2) the Committee on Armed Services and the Committee on Foreign Relations of the Senate.

SEC. 1208. General Thaddeus Kosciuszko Exchange Program.

(a) Authority.—The Commander of United States Army Special Operations Command shall seek to carry out a training program pursuant to section 322 of title 10, United States Code, between special operations forces under the jurisdiction of the Commander and special operations forces of the Polish Army. Such program shall be known as the “General Thaddeus Kosciuszko Memorial Exchange Program for Polish-American Defense Cooperation”.

(b) Purposes.—The purposes of the program include the following:

(1) To create an enduring training cooperation program to enhance the national security and defensive capabilities of the United States and Poland.

(2) To enable both countries to effectively respond to emerging threats and future challenges in Eastern Europe and around the globe.

(3) To increase the interoperability, combined readiness, joint planning capabilities, and shared situational awareness between special operations forces described in subsection (a).

(4) To provide a program for the exchange of such special operations forces that will increase readiness and capacity to counter adversarial operations, including—

(A) enhancing and increasing the capability to counter irregular and asymmetrical warfare;

(B) enhancing and increasing the capability to respond to, and conduct, information operations;

(C) enhancing and increasing the capability to counter land and air assaults, including the capacity to conduct urban warfare; and

(D) any other relevant training that the Secretary of Defense determines relevant, including training at military training centers and professional military education institutions of the Department of Defense.

(5) To encourage the deepening and number of training programs among NATO allies and partners to strengthen joint resiliency, readiness, and deterrence capabilities, to facilitate peace in the transatlantic region.

(c) Eligibility.—Officers and enlisted members of such special operations forces may participate in the program under this section.

(d) Progress report.—Not later than 120 days after the date of the enactment of this Act, the Commander shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding progress of the Commander in carrying out the training program.

SEC. 1209. Assessment, monitoring, and evaluation of programs and activities.

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the House of Representatives a report on the processes that the Department of Defense uses to assess, monitor, and evaluate programs and activities under section 127e of title 10, United States Code, and section 1202 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1639). The report shall include—

(1) an evaluation of the efficiency and effectiveness of such programs and activities in achieving desired outcomes;

(2) identification of lessons learned and best practices in carrying out such programs and activities; and

(3) an explanation of the extent to which such lessons are used to improve future programs and activities carried out under such authorities of the Department of Defense.

SEC. 1209A. Report on chief of mission concurrence.

(a) In general.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, with the concurrence of the Secretary of State, shall submit to the appropriate congressional committees a report evaluating the processes by which chiefs of mission provide concurrence to the exercise of the authority pursuant to section 127e of title 10, United States Code, and section 1202 of the National Defense Authorization Act for Fiscal Year 2018.

(b) Matters to be included.—The report required by subsection (a) shall include—

(1) the most significant impediments to each relevant chief of mission’s ability to inform and consult in a timely manner with relevant individuals at relevant missions or bureaus of the Department of State;

(2) the lessons learned from such consultations;

(3) procedures and agreements between departments that enable Secretary of State to take such steps as may be necessary to ensure that such relevant individuals have the security clearances necessary and access to relevant compartmented and special programs to so consult in a timely manner with respect to such concurrence; and

(4) the lessons learned from such procedures and agreements and required improvements so identified.

(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 Affairs of the House of Representatives; and

(2) the Committee on Armed Services and the Committee on Foreign Relations of the Senate.

SEC. 1209B. Repeal of limitation on costs covered under humanitarian demining assistance.

Subsection (c)(3) of section 407 of title 10, United States Code, is repealed.

SEC. 1209C. Modification to fellowship program to add training relating to urban warfare.

Section 345 of title 10, United States Code, is amended—

(1) in subsection (b)(1), by adding at the end the following sentence: “In addition to the areas of combating terrorism and irregular warfare, the program should focus training on urban warfare.”; and

(2) by adding at the end of subsection (d) the following new paragraph:

“(6) A discussion of how the training from the previous year incorporated lessons learned from ongoing conflicts.”.

SEC. 1211. Extension and modification of the Afghan Special Immigrant Visa Program.

Section 602(b)(3)(F) of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended—

(1) in the heading, by striking “2022” and inserting “2023”; and

(2) in clause (ii), by striking “2023” and inserting “2024”.

SEC. 1212. 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 (12) through (19), respectively;

(2) by inserting after paragraph (8) the following new paragraphs:

“(9) An assessment of the status of—

“(A) defense intelligence assets dedicated to Afghanistan; and

“(B) the ability of the United States to detect emerging threats emanating from Afghanistan against the United States and former coalition 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 personnel involved in over-the-horizon counterterrorism options.”; and

(3) in paragraph (16), as so redesignated, by striking “Afganistan” and inserting “Afghanistan”.

SEC. 1213. 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.

SEC. 1221. Extension of authority to provide assistance to vetted Syrian groups and individuals.

(a) In general.—Subsection (a) of section 1209 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act of Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3451) is amended by striking “December 31, 2022” and inserting “December 31, 2023”.

(b) Extension of waiver authority.—Subsection (l)(3)(D) of such section is amended by striking “December 31, 2022” and inserting “December 31, 2023”.

SEC. 1222. 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 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 “$322,500,000” and inserting “$358,015,000”.

(c) Extension of waiver authority.—Subsection (o)(5) of such section is amended by striking “December 31, 2022” and inserting “December 31, 2023”.

(d) Limitation on availability of funds.—Of the amount of funds made available for fiscal year 2022 (and available for obligation as of the date of the enactment of this Act) and fiscal year 2023 to carry out 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), not more than 50 percent may be obligated or expended until the date on which the Secretary of Defense submits to the appropriate congressional committees the report required by section 1223(f) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81).

SEC. 1223. 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 (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 funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2023 for the Office of the Secretary of the Army, the Office of the Secretary of the Navy, and the Office of the Secretary of the Air Force for travel expenses, not more than 65 percent may be obligated or expended until the date on which a staffing plan for the Office of Security Cooperation in Iraq is completed.

SEC. 1224. Extension and modification of report on the military capabilities of Iran and related activities.

Subsection (a) of section 1227 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1972) is amended—

(1) in the matter preceding paragraph (1)—

(A) by inserting “and annually thereafter for 1 year” after “enactment of this Act”; and

(B) by inserting “, consistent with the protection of intelligence sources and methods,” after “Director of National Intelligence”; and

(2) in paragraph (1)(D), by inserting “Hamas, Palestinian Islamic Jihad, Popular Front for the Liberation of Palestine,” after “Lebanese Hezbollah,”.

SEC. 1225. 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. 1226. Report on assisting Iranian dissidents and people access telecommunications tools.

(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of the Treasury and the heads of other relevant Federal agencies, shall submit to Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations and the Committee on Banking of the Senate a report that includes the matters described in subsection (b).

(b) Matters described.—The matters described in this subsection are the following:

(1) An assessment of the Iranian Government’s ability to impose internet shutdowns, censor the internet, and track Iranian dissidents, labor organizers, political activists, or human rights defenders inside Iran through targeted digital surveillance or other digital means.

(2) A list of technologies, including hardware, software, and services incident to personal communications, including set-top boxes (STB), satellites, and web developer tools, that would encourage the free flow of information to better enable the Iranian people to communicate with each other and the outside world.

(3) An assessment on whether existing United States policy impedes the ability of Iranians to circumvent the Iranian Government’s attempt to securitize access to the internet and block access to the internet at times of civil unrest.

(4) A review of the legal exemptions that authorize access to information technology and how such exemptions or any accompanying general licenses may be altered to mitigate any hindrances imposed on Iranian dissidents and activists inside Iran.

(5) An assessment of whether further exemptions or alterations to existing exemptions and general licenses are necessary to support Iranian citizens’ access to the internet and to assist their efforts to circumvent internet shutdowns and targeted digital surveillance from the Iranian Government.

(c) Form.—The report required pursuant to subsection (a) shall be submitted in unclassified form but may include a classified annex if such annex is provided separately from such unclassified version.

(d) Definition.—In this section, the term “targeted digital surveillance” means the use of items or services that enable an individual or entity (with or without the knowing authorization of the product’s owner) to detect, monitor, intercept, collect, exploit, preserve, protect, transmit, retain, or otherwise gain access to the communications, sensitive or protected information, work product, browsing data, research, identifying information, location history, and online and offline activities of other individuals, organizations, or entities.

SEC. 1227. State Department authorization for pavilion at Expo 2025 Osaka.

(a) In general.—Notwithstanding section 204 of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (22 U.S.C. 2452b), there is authorized to be appropriated for each of fiscal years 2023 and 2024 funds for a United States pavilion at Expo 2025 Osaka, subject to subsections (b) and (c).

(b) Cost-share requirement.—Funds made available pursuant to subsection (a) to the Department of State for a United States pavilion at Expo 2025 Osaka shall be made available on a cost-matching basis, to the maximum extent practicable, from sources other than the United States Government.

(1) IN GENERAL.—Funds made available pursuant to subsection (a) to the Department of State for a United States pavilion at Expo 2025 Osaka may be obligated only after the appropriate congressional committees are notified not less than 15 days prior to such obligation.

(2) MATTERS TO BE INCLUDED.—Such notification shall include the following:

(A) A description of the source of such funds, including any funds reprogrammed or transferred by the Department of State to be made available for such pavilion.

(B) An estimate of the amount of investment such pavilion could bring to the United States.

(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 (b).

(D) A certification that each entity receiving amounts for a contract, grant, or other agreement to construct, maintain, or otherwise service such pavilion—

(i) is not in violation of the labor laws of Japan, the Foreign Corrupt Practices Act of 1977 (Public Law 95–213), and any other applicable anti-corruption laws; and

(ii) does not employ, or otherwise utilize, a victim of trafficking (as defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)).

(d) Final report.—Not later than 180 days after the date on which a United States pavilion at Expo 2025 Osaka is opened, the Secretary of State shall submit to the appropriate congressional committees a report that includes—

(1) the number of United States businesses that participated in such pavilion; and

(2) the dollar amount and source of any matching funds obtained by the Department.

(e) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means the following:

(1) The Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.

(2) The Committee on Foreign Relations and the Committee on Appropriations of the Senate.

(f) Sunset.—This section ceases to be effective on December 31, 2025.

SEC. 1228. Report on the U.N. 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 House of Representatives and the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report that includes a detailed description of—

(1) an assessment of the U.N. arms embargo on Iran on its effectiveness in constraining Iran’s ability to supply, sell, or transfer, directly or indirectly, arms or related materiel, including spare parts, when it was in place; and

(2) the measures that the Departments of State and Defense are taking to constrain Iranian arms proliferation and combat the supply, sale, or transfer of weapons to or from Iran.

SEC. 1229. Report on Islamic Revolutionary Guard Corps-affiliated operatives abroad.

(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 nations to inform them of the threat posed by Islamic Revolutionary Guard Corps-affiliated officials serving in diplomatic and consular roles in third party countries.

SEC. 1229A. Repeal of Authorization for Use of Military Force Against Iraq Resolution of 2002.

The Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107–243; 116 Stat. 1498; 50 U.S.C. 1541 note) is hereby repealed.

SEC. 1229B. 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) Report and strategy required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, the Secretary of State, the Secretary of the Treasury, the Administrator of the Drug Enforcement Administration, the Director of National Intelligence, and the heads of other appropriate Federal agencies shall provide to the appropriate congressional committees a written strategy to disrupt and dismantle narcotics production and trafficking and affiliated networks linked to the regime of Bashar al-Assad in Syria. Such strategy shall include each of the following:

(1) A strategy to target, disrupt, and degrade networks that directly or indirectly support the narcotics infrastructure of the Assad regime, particularly through diplomatic and intelligence support to law enforcement investigations and to build 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.

(2) Information relating to the use of statutory authorities, including the Caesar Syria Civilian Protection Act of 2019 (22 U.S.C. 8791 note), the Foreign Narcotics Kingpin Designation Act (popularly referred to as the “Kingpin Act”), section 489 of the Foreign Assistance Act (relating to the international narcotics control strategy report), and associated actions to target individuals and entities directly or indirectly associated with the narcotics infrastructure of the Assad regime.

(3) Information relating to the use of global diplomatic engagements associated with the economic pressure campaign against the Assad regime to target its narcotics infrastructure.

(4) A strategy for leveraging multilateral institutions and cooperation with international partners to disrupt the narcotics infrastructure of the Assad regime.

(5) A strategy for mobilizing a public communications campaign to increase awareness of the extent of the connection of the Assad regime to illicit narcotics trade.

(6) A description of the countries receiving or transiting large shipments of Captagon, and an assessment of the counter-narcotics capacity of such countries to interdict or disrupt the smuggling of Captagon, including an assessment of current United States assistance and training programs to build such capacity in such countries.

(c) Form of report.—The report required under subsection (b) shall be submitted in an unclassified form, but may contain a classified annex.

(d) Appropriate congressional committees.—In this section, the term “appropriate congressional committees” means—

(1) the Committee on Armed Services, the Committee on the Judiciary, the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives; and

(2) the Committee on Armed Services, the Committee on the Judiciary, the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate.

SEC. 1231. 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, or 2023”.

SEC. 1232. 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. 1068) is amended by inserting “salaries and stipends, and sustainment” after “supplies and services,”.

(b) 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) in paragraph (5), by striking “Of the funds available for fiscal year 2022 pursuant to subsection (f)(7)” and inserting “Of the funds available for fiscal year 2023 pursuant to subsection (f)(8)”; and

(4) by adding at the end the following:

“(6) WAIVER OF CERTIFICATION REQUIREMENT.—The Secretary of Defense, with the concurrence of the Secretary of the State, may waive the certification requirement in paragraph (2) if the Secretary submits to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a written certification, not later than 5 days of 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.”.

(1) in paragraph (1), by inserting “, and to recover or dispose of such weapons or other defense articles, or to make available such weapons or articles to ally and partner governments to replenish comparable stocks which ally or partner governments have provided to the Government of Ukraine,” after “and defense services”; and

(2) by adding at the end the following:

“(3) CONGRESSIONAL NOTIFICATION.—Not later than 10 days before providing replenishment to an ally or partner government pursuant to paragraph (1), the Secretary of Defense shall transmit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a notification containing the following:

“(A) An identification of the recipient foreign country.

“(B) A detailed description of the articles to be provided, including the amount, dollar value, origin, and capabilities associated with the articles.

“(C) A detailed description of the articles provided to Ukraine to be replenished, including the amount, dollar value, origin, and capabilities associated with the articles.

“(D) The impact on United States stocks and readiness of transferring the articles.

“(E) An assessment of any security, intellectual property, or end use monitoring issues associated with transferring the articles.

“(F) A description, including relevant dollar value amounts, of the articles provided to Ukraine by the recipient country which are being replenished.

“(G) A certification that the transfer of the articles in the national security interest of the United States, and a justification for that determination.”.

(d) Funding.—Subsection (f) of such section is amended by adding at the end the following:

“(8) For fiscal year 2023, $1,000,000,000.”.

(e) Termination of authority.—Subsection (h) of such section is amended by striking “December 31, 2023” and inserting “December 31, 2024”.

(f) Waiver of certification requirement.—Such section is amended—

(1) by redesignating the second subsection (g) as subsection (i); and

(2) by adding at the end the following:

“(j) Expedited notification requirement.—Not later than 15 days before providing assistance or support under subsection (a), or as far in advance as is practicable if the Secretary of Defense determines, on a case-by-case basis, that extraordinary circumstances exist that impact the national security of the United States, the Secretary shall transmit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a notification containing a detailed description of the assistance or support to be provided, including—

“(1) the objectives of such assistance or support;

“(2) the budget for such assistance or support; and

“(3) the expected or estimated timeline for delivery of such assistance or support.”.

SEC. 1233. Prohibition on availability of funds relating to sovereignty of Russia over Crimea.

(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 Russia over Crimea.

(b) Waiver.—The Secretary of Defense, with the concurrence of the Secretary of State, may waive the restriction on the obligation or expenditure of funds required by subsection (a) if the Secretary of Defense—

(1) determines that to do so is in the national security interest of the United States; and

(2) submits a notification of the waiver, at the time the waiver is invoked, to 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.

SEC. 1234. Assessment of Russian strategy in Ukraine.

(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees an assessment of the strategic, operational, and organizational strengths and weaknesses of the Russian Federation’s military strategy for the invasion and occupation of Ukraine, including an assessment of efforts and sources of leverage that could be used to exploit the weaknesses in that strategy as part of the effort to provide assistance to Ukraine.

(b) Matters to be included.—The assessment of Russia’s military strategy required by subsection (a) shall include at a minimum a description of the following:

(1) Strategic strengths and weaknesses.

(2) Operational strengths and weaknesses.

(3) Organizational and logistical strengths and weaknesses.

(4) Strengths and weaknesses related to Russian employment of Russia’s Federal Security Service (FSB), national guard, and reserve units.

(1) the congressional defense committees;

(2) the Permanent Select Committee on Intelligence and the Committee on Foreign Affairs of the House of Representatives; and

(3) the Select Committee on Intelligence and the Committee on Foreign Relations of the Senate.

(d) 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 (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;

“(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

“(D) all foreign persons engaged significantly with Russian private military companies.”; 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”.

(e) Report on lessons learned from war.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of each military department, shall submit to the appropriate congressional committees an assessment of lessons learned by the respective military departments from the conflict following the Russian invasion of Ukraine that includes the following:

(1) Lessons learned from intelligence-sharing activities conducted between the United States, NATO, the European Union, and Ukraine throughout the conflict.

(2) Observed tactics and techniques of information-related capabilities and the integration of information-related capabilities in supporting Ukraine objectives.

(3) Analysis of the capabilities, tactics, and techniques implemented throughout the conflict following the Russian invasion of Ukraine, from each military department, with a focus on the Army, Navy, and Air Force.

(4) Analysis of all collected information to identify recurring strengths and weaknesses in United States and NATO tactics, training, and equipment.

(5) Recommendations to address any corrective actions.

(f) Form; publication.—The report required by subsection (e) shall be submitted in unclassified form but may include a classified annex. The unclassified portion of such report shall be published on a publicly accessible website of the Department of Defense.

(g) Sense of Congress.—It is the sense of Congress that—

(1) the United States could greatly benefit from on-the-ground combat observations of the conflict following the Russian invasion of Ukraine to learn lessons about modern warfare between near-peer adversaries, and successful and unsuccessful aspects of both sides’ tactics, operations, and strategy;

(2) expert projections of how this conflict was likely to unfold were inaccurate, suggesting the United States has many lessons to learn from this conflict;

(3) the Department of Defense should, when feasible, organize Combat Observation Teams, who should be given battlefield access as non-combatants, with specialized skill sets to collect information, including by conducting first-person interviews, or other conflict-specific assessments and observations;

(4) such collection and observations should occur after the conflict has largely subsided, and the physical, political, and escalatory risk of sending an American combat observer team is sufficiently low;

(5) such teams should consist of talented senior officers and non-commissioned officers with appropriate experience and specialties for their task;

(6) Combat Observation Teams should be encouraged to interview Ukrainian military members, and civilians, conduct site surveys, and work with the United States embassy and other allied countries as appropriate; and

(7) the time is ripe for an infusion of lessons from Ukraine, and observations could ensure the United States is prepared for the future of modern warfare and conflict.

SEC. 1235. Report on efforts by the Russian Federation to expand its presence and influence in Latin America and the Caribbean.

(a) Report.—Not later than June 30, 2023, the Secretary of State, in coordination with the Secretary of Defense and the Director of National Intelligence and in consultation with the heads of other appropriate Federal departments and agencies, as necessary, shall submit to the appropriate congressional committees a report that identifies efforts by the Government of the Russian Federation to expand its presence and influence in Latin America and the Caribbean through diplomatic, military, intelligence, and other means, and describes the implications of such efforts on the national defense and security interests of the United States.

(b) Elements.—The report required by subsection (a) shall include the following:

(1) An identification of—

(A) the countries of Latin America and the Caribbean with which the Government of the Russian Federation maintains especially close diplomatic, military, and intelligence relationships;

(B) the number and content of strategic partnership agreements or similar agreements, including any non-public, secret, or informal agreements, that the Government of the Russian Federation has established with countries and regional organizations of Latin America and the Caribbean;

(C) the countries of Latin America and the Caribbean to which the Government of the Russian Federation provides foreign assistance or disaster relief (including access to COVID–19 vaccines), including a description of the amount and purpose of, and any conditions attached to, such assistance;

(D) recent visits by senior officials of the Government of the Russian Federation, including its state-owned or state-directed enterprises, to Latin America and the Caribbean, and visits by senior officials from Latin America and the Caribbean to the Russian Federation; and

(E) the existence of any defense exchanges, military or police education or training, and exercises between any military or police organization of the Government of the Russian Federation and military, police, or security-oriented organizations of countries of Latin America and the Caribbean, including port visits by the Russian Navy.

(2) A detailed description of—

(A) the impact Russia’s war in Ukraine has or may have on its diplomatic, military, and intelligence activities in Latin America and the Caribbean;

(B) the relationship between the Government of the Russian Federation and the Governments of Venezuela, Cuba, Nicaragua, and Bolivia;

(C) attempts by the Government of the Russian Federation to develop relations with the Governments of Brazil and Argentina, two countries whose leaders met with Russian President Vladimir Putin in Moscow shortly before the invasion of Ukraine;

(D) military installations, assets, and activities of the Government of the Russian Federation in Latin America and the Caribbean that currently exist or are planned for the future, including the size, location, and purpose of any deployed Russian Federation Armed Forces or security contractors associated with the Russian Federation;

(E) the purpose of and operations emanating from the Russian Federation’s operations center in Managua, Nicaragua;

(F) the Russian Federation’s subversion of United States sanctions on Venezuela’s oil sector;

(G) the Russian Federation’s involvement in the border dispute between Venezuela and Guyana;

(H) sales or transfers of defense articles and services by the Russian Federation to countries of Latin America and the Caribbean;

(I) any other form of military or security cooperation or assistance between the Government of the Russian Federation or its associated paramilitary organizations, and paramilitary organizations and countries in Latin America and the Caribbean;

(J) the nature, extent, and purpose of the Government of the Russian Federation’s intelligence activities in Latin America and the Caribbean;

(K) the role of the Government of the Russian Federation in transnational crime in Latin America and the Caribbean, including drug trafficking, money laundering, and organized crime;

(L) the methods by which the Government of the Russian Federation expands its influence through support to transnational criminal organizations in Latin America and the Caribbean; and

(M) efforts by the Government of the Russian Federation to build its media presence through government-directed disinformation, misinformation, or information warfare campaigns in Latin America and the Caribbean, including attempts to influence electoral outcomes, realize military objectives, or destabilize governments.

(3) An assessment of—

(A) the specific objectives that the Government of the Russian Federation seeks to achieve by expanding its presence and influence in Latin America and the Caribbean, including any objectives articulated in official documents or statements;

(B) the degree to which the Government of the Russian Federation uses its presence and influence in Latin America and the Caribbean to encourage, pressure, or coerce governments in the region to support its defense and national security goals, including policy positions taken by the Government of the Russian Federation at international institutions;

(C) how the Russian Federation uses multilateral organizations, in particular the Community of Latin American and Caribbean States (CELAC), a regional organization that excludes the United States, to expand its presence and influence in Latin America and the Caribbean; and

(D) the specific actions and activities undertaken by the Government of the Russian Federation in Latin America and the Caribbean that present the greatest threats or challenges to the United States’ defense and national security interests in the region.

(4) Any other matters the Secretary of State determines is appropriate.

(c) Form.—The report required by subsection (a) shall be submitted in unclassified form without any designation relating to dissemination control, but may include a classified annex. The report and its classified annex shall be prepared consistent with the protection of intelligence sources and methods.

(d) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) the congressional defense committees; and

(2) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate and the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives.

SEC. 1236. Expansion of cooperation and training with Ukraine.

(a) Authorization of appropriations.—There is authorized to be appropriated $100,000,000 to build the capacity of foreign security forces pursuant to relevant authorities under title 10, United States Code. Amounts so authorized shall be made available to provide assistance to Ukrainian military pilots and associated persons for the following purposes:

(1) Training and familiarity building with United States fixed-wing aircraft and other air platforms as appropriate for air-to-air and air-to-ground combat.

(2) Training on the use of munitions sets determined appropriate by the Secretary of Defense.

(3) Establishing a rapport between the Armed Forces of the United States and the armed forces of Ukraine to build partnerships for the future.

(4) Enhancement of capabilities for aerial combat operations.

(5) Focusing on the ability of Ukraine to teach current and future pilots on fixed-wing aircraft and other air platforms in Ukraine and elsewhere, especially during the ongoing Russian invasion of Ukraine.

(6) Fostering a better understanding of the air platforms, tactics, and techniques of the United States and other member countries of the North Atlantic Treaty Organization.

(b) Notice to Congress.—Not later than 15 days before providing assistance or support using amounts made available pursuant to the authorization under subsection (a), the Secretary of Defense shall submit to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives a notification containing the following elements:

(1) A detailed description of the assistance or support to be provided, including—

(A) the objectives of such assistance or support.

(B) the budget for such assistance or support; and

(2) A description of such other matters as the Secretary considers appropriate.

(c) 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, Air Force, Flying Hour Program, Line 080, as specified in the corresponding funding table in section 4301, is hereby reduced by $100,000,000.

SEC. 1237. Statement of policy.

It is the policy of the United States that the NATO-Russia Founding Act, signed May 27, 1997, in Paris, does not constrain the deployment of United States or NATO forces in any way.

SEC. 1238. Report on Department of Defense plan for responding to Russia’s invasion of Ukraine.

(a) In general.—Not later than 180 days after the date of the enactment of this Act, and every 6 months thereafter, 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 Department of Defense plan for responding to Russia’s invasion of Ukraine, initiated on February 24, 2022.

(b) Matters to be included.—The report required by subsection (a) shall include—

(1) military assistance provided to Ukraine by the Department of Defense and the programs, operations, and contracts to be carried out under the plan described in subsection (a); and

(2) both the short-term (the next 6 months) and long-term (the next 12 months) strategic outlook or plan with respect to such programs, operations, and contracts.

SEC. 1239. Prohibition on Russian participation in the G7.

(a) Statement of policy.—It is the policy of the United States to exclude the Russian Federation from the Group of Seven or reconstitute a Group of Eight that includes the Russian Federation.

(b) Limitation.—Notwithstanding any other provision of law, no Federal funds are authorized to be appropriated or otherwise made available to take any action to support or facilitate—

(1) the participation of the Russian Federation in a Group of Seven proceeding; or

(2) the reconstitution of a Group of Eight that includes the Russian Federation.

SEC. 1240. Condemning detention and indictment of Russian opposition leader Vladimir Vladimirovich Kara-Murza.

(a) Findings.—Congress finds the following:

(1) Vladimir Vladimirovich Kara-Murza (referred to in this section as “Mr. Kara-Murza”) has tirelessly worked for decades to advance the cause of freedom, democracy, and human rights for the people of the Russian Federation.

(2) In retaliation for his advocacy, two attempts have been made on Mr. Kara-Murza’s life, as—

(A) on May 26, 2015, Mr. Kara-Murza fell ill with symptoms indicative of poisoning and was hospitalized; and

(B) on February 2, 2017, he fell ill with similar symptoms and was placed in a medically induced coma.

(3) Independent investigations conducted by Bellingcat, the Insider, and Der Spiegel found that the same unit of the Federal Security Service of the Russian Federation responsible for poisoning Mr. Kara-Murza was responsible for poisoning Russian opposition leader Alexei Navalny and activists Timur Kuashev, Ruslan Magomedragimov, and Nikita Isayev.

(4) On February 24, 2022, Vladimir Putin launched another unprovoked, unjustified, and illegal invasion into Ukraine in contravention of the obligations freely undertaken by the Russian Federation to respect the territorial integrity of Ukraine under the Budapest Memorandum of 1994, the Minsk protocols of 2014 and 2015, and international law.

(5) On March 5, 2022, Vladimir Putin signed a law criminalizing the distribution of truthful statements about the invasion of Ukraine by the Russian Federation and mandating up to 15 years in prison for such offenses.

(6) Since February 24, 2022, Mr. Kara-Murza has used his voice and platform to join more than 15,000 citizens of the Russian Federation in peacefully protesting the war against Ukraine and millions more who silently oppose the war.

(7) On April 11, 2022, five police officers arrested Mr. Kara-Murza in front of his home and denied his right to an attorney, and the next day Mr. Kara-Murza was sentenced to 15 days in prison for disobeying a police order.

(8) On April 22, 2022, the Investigative Committee of the Russian Federation charged Mr. Kara-Murza with violations under the law signed on March 5, 2022, for his fact-based statements condemning the invasion of Ukraine by the Russian Federation.

(9) Mr. Kara-Murza was then placed into pretrial detention and ordered to be held until at least June 12, 2022.

(10) If convicted of those charges, Mr. Kara-Murza faces detention in a penitentiary system that human rights nongovernmental organizations have criticized for widespread torture, ill-treatment, and suspicious deaths of prisoners.

(b) Sense of Congress.—It is the sense of Congress that Congress—

(1) condemns the unjust detention and indicting of Russian opposition leader Vladimir Vladimirovich Kara-Murza, who has courageously stood up to oppression in the Russian Federation;

(2) expresses solidarity with Vladimir Vladimirovich Kara-Murza, his family, and all individuals in the Russian Federation imprisoned for exercising their fundamental freedoms of speech, assembly, and belief;

(3) urges the United States Government and other allied governments to work to secure the immediate release of Vladimir Vladimirovich Kara-Murza, Alexei Navalny, and other citizens of the Russian Federation imprisoned for opposing the regime of Vladimir Putin and the war against Ukraine; and

(4) calls on the President to increase support provided by the United States Government for those advocating for democracy and independent media in the Russian Federation, which Vladimir Vladimirovich Kara-Murza has worked to advance.

SEC. 1241. Task force to track security assistance to Ukraine.

(a) In general.—Not later than 90 days after the date of the enactment of this Act, the President shall submit to the congressional defense committees a report on best practices for creating a Task Force or Working Group to determine how to track and monitor United States defense articles and defense services made available to Ukraine. Such report shall also identify gaps or needs for greater research investment in developing predictive modeling that can forecast the movement of weapons, to be used for weapons tracking in Ukraine and in future conflicts where the United States provides security assistance.

(b) Implementation.—Not later than 180 days after the date of the submission of the report required by subsection (a), the best practices and recommendations identified in such report shall be implemented.

(c) Update.—The President shall provide to the congressional defense committees quarterly updates on the progress of implementation in accordance with subsection (b).

SEC. 1242. Report on risk of nuclear war in Ukraine.

(a) In general.—The Secretary of Defense Department shall provide Congress with a risk assessment on the likelihood of the use of a nuclear weapon as a result of the Russian invasion of Ukraine and whether and by how much this risk increases the longer that the war continues.

(b) Form.—The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.

SEC. 1243. Report on distribution and use of weapons in Ukraine.

(a) In general.—The Secretary of Defense shall submit a report to Congress describing—

(1) the distribution and use of United States weaponry provided to the Ukrainian military including compliance with United States law, including those prohibiting such weaponry from being provided to extremist groups; and

(2) any efforts underway to prevent the illicit distribution or use of such weapons and the effectiveness of any such efforts.

(b) Form.—The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.

SEC. 1244. Report from Council of the Inspectors General on Ukraine.

Not later than September 1, 2024, the Chairperson of the Council of the Inspectors General on Integrity and Efficiency shall 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 on the oversight infrastructure established with respect to United States assistance to Ukraine, that also includes the following:

(1) the structure the Federal Government is currently using or plans to adopt (including the specific agencies charged) to oversee the expenditure of assistance to Ukraine;

(2) whether that oversight structure is best suited to conduct such oversight;

(3) whether there are any gaps in oversight over the expenditure of funds for assistance to Ukraine;

(4) whether the agencies identified pursuant to paragraph (1) are positioned to be able to accurately oversee and track United States assistance to Ukraine over the long term; and

(5) the lessons learned from the manner in which oversight over expenditures of assistance to Ukraine has been conducted.

SEC. 1261. Sense of Congress on United States defense posture in Europe following the further invasion of Ukraine.

It is the sense of Congress as follows:

(1) The further invasion of Ukraine presents a sea change to the security environment in Europe that requires a long-term shift in the force posture of the United States and its allies, in order to ensure the maintenance of collective deterrence. As General Milley, Chairman of the Joint Chiefs, recently noted, “We are witness to the greatest threat to peace and security of Europe and perhaps the world in my 42 years of service in uniform. The Russian invasion of Ukraine is threatening to undermine not only European peace and stability but global peace and stability. * * * We are at a pivot point in the geostrategic history of Europe and perhaps the globe.”.

(2) Adjustments to force posture in Europe must be commensurate to this challenge. Alongside allied investments, it is necessary for the United States to alter its force posture to establish additional permanently stationed and continuous rotational forces along Europe’s eastern flank. Given the current conditions, it would be untenable for the United States to seek to revert to United States force levels and positioning present in Europe before Russia’s further invasion of Ukraine, to rely solely on allied forces for further force posture enhancements, or adopt a path to transition away from investments in Europe through the European Deterrence Initiative (EDI), except for exceptional cases.

(3) As General Tod Wolters, Commander of U.S. European Command, has stated, investments made through EDI since 2014 have proved essential to the United States ability to respond to the Ukraine crisis, deploying units in 5 days that would have taken as long as 21 days. General Wolters further stated, “To take an Armored Brigade Combat Team and launch it from the continental United States, and put it on European turf, and have the tanks that comprise that Brigade Combat Team to shoot, move, and communicate and fire on range in one week is an amazing accomplishment. And that was facilitated by those Army Prepositioned Stocks and it was practiced in previous exercises which are part of the EDI fund. I would just say that when we demonstrated to the European community, and to the NATO community, and to the world how well we can shoot, move, and communicate and transition a large force from CONUS to Europe at that pace, it’s something that demonstrates the great value of EDI.”.

(4) Past decisions made by the Department of Defense and Congress about prepositioned stocks, mobility, and funding for EDI led directly to this ability to quickly reinforce the area of operations in this crisis, and EDI investments will be crucial for adaptation to the new European security environment. The Department of Defense should continue to strongly support EDI investments with a focus on adapting deterrence to the new security environment and incorporating lessons learned from the conflict in Ukraine, and it should not seek a path to EDI’s sunset.

(5) The United States recognizes that strong alliances and partnerships are crucial to the maintenance of United States national and global security. The NATO alliance has grown more robust and more united in response to Russia’s aggression in Ukraine. Members of NATO have announced substantial changes in their defense commitments, adopting measures to meet and exceed their Wales Pledge commitments to spend 2 percent of Gross Domestic Product on defense and increasing commitments to NATO battle group and air policing missions, while sending vital defense assistance to Ukraine. Congress commends such members of NATO for their adoption and sustainment of these efforts. Such commitments are vital to the long-term effort required to maintain deterrence in the European theater. The United States should continue to work with allies on complementary investments to establish in Europe a mature, fully integrated deterrence platform capable of responding to the expanded threat of Russian aggression and supporting NATO allies’ ongoing efforts to collectively resist direct and hybrid threats to shared values, interests, and ideals.

(6) The United States should also redouble efforts to assist NATO allies, particularly on Europe’s eastern periphery, in modernizing and integrating their defense capabilities taking into account lessons from Russia’s war in Ukraine, including efforts to provide artillery, MLRS, MANPADS, air defenses, and other capabilities.

(7) As it reinforces deterrence, the United States should recognize the acute risks now facing allies on Russia’s periphery and pursue national security investments and strategies commensurate to the challenge, including additional EDI programs, in the Black Sea, the Baltics, the Arctic, and Central Europe, in order to maintain the credibility of the “sacred obligation under Article 5 of the North Atlantic Treaty to defend every inch of NATO territory.”.

(8) Likewise, the United States should keep in mind the particularly significant challenges posed to non-NATO European partners and seek security strategies to continue cooperation and support their sovereign rights, while also pursuing security policies that support stability in areas of substantial malign effort such as the Western Balkans.

(9) The United States continues to recognize the importance of the long-term Baltic Security Initiative assistance plan that the Department of Defense is carrying out under section 333 of title 10, United States Code, and the crucial role that such investments play in deterring Russian aggression in that region.

SEC. 1262. Sense of Congress on NATO membership for Finland and Sweden.

It is the sense of Congress that the United States strongly supports membership for Finland and Sweden in the North Atlantic Treaty Organization (NATO).

SEC. 1263. Matters relating to climate change at NATO.

The President shall direct the United States Permanent Representative to the North Atlantic Treaty Organization (NATO) to—

(1) advocate for adequate resources towards understanding and communicating the threat posed by climate change to allied civil security (specifically for the climate action and resilience agendas);

(2) support the establishment of a NATO Center of Excellence for Climate and Security;

(3) advocate for an in-depth critical assessment of NATO’s vulnerability to the impacts of climate change, building upon the Secretary General’s 2022 climate change and security impact assessment, that evaluates and analyzes NATO’s resilience in responding to the threat climate change will pose on migration, food insecurity, and housing insecurity; and

(4) communicate the core security challenge posed by climate change as articulated in NATO’s strategic concept.

SEC. 1264. Baltic Reassurance Act.

(a) Findings.—Congress finds the following:

(1) The Russian Federation seeks to diminish the North Atlantic Treaty Organization (NATO) and recreate its sphere of influence in Europe using coercion, intimidation, and outright aggression.

(2) Deterring the Russian Federation from such aggression is vital for transatlantic security.

(3) The illegal occupation of Crimea by the Russian Federation and its continued engagement of destabilizing and subversive activities against independent and free states is of increasing concern.

(4) The Russian Federation also continues to disregard treaties, international laws and rights to freedom of navigation, territorial integrity, and sovereign international borders.

(5) The Russian Federation’s continued occupation of Georgian and Ukrainian territories and the sustained military buildup in the Russian Federation’s Western Military District and Kaliningrad has threatened continental peace and stability.

(6) The Baltic countries of Estonia, Latvia, and Lithuania are particularly vulnerable to an increasingly aggressive and subversive Russian Federation.

(7) In a declaration to celebrate 100 years of independence of Estonia, Latvia, and Lithuania issued on April 3, 2018, the Trump Administration reaffirmed United States commitments to these Baltic countries to “improve military readiness and capabilities through sustained security assistance” and “explore new ideas and opportunities, including air defense, bilaterally and in NATO, to enhance deterrence across the region”.

(8) These highly valued NATO allies of the United States have repeatedly demonstrated their commitment to advancing mutual interests as well as those of the NATO alliance.

(9) The Baltic countries also continue to participate in United States-led exercises to further promote coordination, cooperation, and interoperability among allies and partner countries, and continue to demonstrate their reliability and commitment to provide for their own defense.

(10) Lithuania, Latvia, and Estonia each hosts a respected NATO Center of Excellence that provides expertise to educate and promote NATO allies and partners in areas of vital interest to the alliance.

(11) United States support and commitment to allies across Europe has been a lynchpin for peace and security on the continent for over 70 years.

(b) Sense of congress.—It is the sense of Congress as follows:

(1) The United States is committed to the security of the Baltic countries and should strengthen cooperation and support capacity-building initiatives aimed at improving the defense and security of such countries.

(2) The United States should lead a multilateral effort to develop a strategy to deepen joint capabilities with Lithuania, Latvia, Estonia, NATO allies, and other regional partners, to deter against aggression from the Russian Federation in the Baltic region, specifically in areas that would strengthen interoperability, joint capabilities, and military readiness necessary for Baltic countries to strengthen their national resilience.

(3) The United States should explore the feasibility of providing long range, mobile air defense systems in the Baltic region, including through leveraging cost-sharing mechanisms and multilateral deployment with NATO allies to reduce financial burdens on host countries.

(1) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with appropriate counterparts of Lithuania, Latvia, Estonia, North Atlantic Treaty Organization (NATO) allies, and other regional partners, conduct a comprehensive, multilateral assessment of the military requirements of such countries to deter and resist aggression by the Russian Federation that—

(A) provides an assessment of past and current initiatives to improve the efficiency, effectiveness, readiness, and interoperability of Lithuania, Latvia, and Estonia’s national defense capabilities; and

(B) assesses the manner in which to meet those objectives, including future resource requirements and recommendations, by undertaking activities in the following areas:

(i) Activities to increase the rotational and forward presence, improve the capabilities, and enhance the posture and response readiness of the United States or forces of NATO in the Baltic region.

(ii) Activities to improve air defense systems, including modern air-surveillance capabilities.

(iii) Activities to improve counter-unmanned aerial system capabilities.

(iv) Activities to improve command and control capabilities through increasing communications, technology, and intelligence capacity and coordination, including secure and hardened communications.

(v) Activities to improve intelligence, surveillance, and reconnaissance capabilities.

(vi) Activities to enhance maritime domain awareness.

(vii) Activities to improve military and defense infrastructure, logistics, and access, particularly transport of military supplies and equipment.

(viii) Investments to ammunition stocks and storage.

(ix) Activities and training to enhance cyber security and electronic warfare capabilities.

(x) Bilateral and multilateral training and exercises.

(xi) New and existing cost-sharing mechanisms with United States and NATO allies to reduce financial burden.

(2) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes each of the following:

(A) A report on the findings of the assessment conducted pursuant to subsection (a).

(B) A list of any recommendations resulting from such assessment.

(C) An assessment of the resource requirements to achieve the objectives described in subsection (a)(1) with respect to the national defense capability of Baltic countries, including potential investments by host countries.

(D) A plan for the United States to use appropriate security cooperation authorities or other authorities to—

(i) facilitate relevant recommendations included in the list described in paragraph (2);

(ii) expand joint training between the Armed Forces and the military of Lithuania, Latvia, or Estonia, including with the participation of other NATO allies; and

(iii) support United States foreign military sales and other equipment transfers to Baltic countries especially for the activities described in subparagraphs (A) through (I) of subsection (a)(2).

(d) Congressional defense committees defined.—For purposes of this section, the term “congressional defense committees” includes—

(1) the Committee on Foreign Affairs of the House of Representatives; and

(2) the Committee on Foreign Relations of the Senate.

SEC. 1265. Report on efforts of NATO to counter misinformation and disinformation.

(a) In general.—Not later than one year after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Defense, shall submit to the congressional committees specified in subsection (b) a report on efforts of the North Atlantic Treaty Organization (NATO) and NATO member states to counter misinformation and disinformation.

(b) Congressional committees specified.—The congressional committees specified in this subsection are 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.

(1) assess—

(A) vulnerabilities of NATO member states and NATO to misinformation and disinformation and describe efforts to counter such activities;

(B) the capacity and efforts of NATO member states and NATO to counter misinformation and disinformation, including United States cooperation with other NATO members states; and

(2) include recommendations to counter misinformation and disinformation.

SEC. 1266. Improvements to the NATO Strategic Communications Center of Excellence.

(a) Prioritization.—The Secretary of Defense shall seek to prioritize funding through NATO’s common budget to—

(1) enhance the capability, cooperation, and information sharing among NATO, NATO member countries, and partners, with respect to strategic communications and information operations; and

(2) facilitate education, research and development, lessons learned, and consultation in strategic communications and information operations.

(b) Certification.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall certify to the appropriate congressional committees that the Secretary has assigned executive agent responsibility for the Center to an appropriate organization within the Department of Defense, and detail the steps being under taken to strengthen the role of Center in fostering strategic communications and information operations within NATO.

(c) Report required.—Not later than 1 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 appropriate congressional committees a report outlining—

(1) the recommendations of the Secretary with respect to improving strategic communications within NATO; and

(2) the recommendations of the Secretary with respect to strengthening the role of the Center in fostering strategic communications and information operations within NATO.

(d) Briefings required.—The Secretary of Defense shall brief the appropriate congressional committees on a biannual basis on—

(1) the efforts of the Department of Defense to strengthen the role of the Center in fostering strategic communications and information operations within NATO;

(2) how the Department of Defense is working with the NATO Strategic Communications Center of Excellence and the interagency to improve NATO’s ability to counter and mitigate disinformation, active measures, propaganda, and denial and deception activities of Russia and China; and

(3) how the Department of Defense is developing ways to improve strategic communications within NATO, including by enhancing the capacity of and coordination with the NATO Strategic Communications Center of Excellence.

(e) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means the following:

(1) The Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.

(2) The Committee on Armed Services and the Committee on Foreign Relations of the Senate.

SEC. 1267. Sense of Congress on enhancing strategic partnership, defense and security cooperation with Georgia.

(a) Findings.—Congress finds the following:

(1) Georgia is a valued friend and strategic partner of the United States and a NATO aspirant that has consistently sought to advance shared values and mutual interests to include deploying alongside United States forces in Iraq and Afghanistan.

(2) Over the past 30 years of partnership, the United States has contributed to strengthening Georgia’s progress on the path of European and Euro-Atlantic integration.

(3) Security in the Black Sea region is a matter of strategic importance for the United States, especially amid Russia’s unprovoked and unjustified war on Ukraine. Enhancing Georgia’s self-defense and whole-of-government resistance and resilience capacity is critical for Euro-Atlantic security, the United States’s national security objectives and strategic interests in the Black Sea region.

(4) Georgia is a significant economic, energy transit, and international trade hub. Georgia is an integral part of the East-West corridor that is vital to European energy security and diversification of strategic supply-chain routes for the United States and Europe.

(5) Continuous illegal occupation of two Georgian regions by Russia, its accelerated attempts of de-facto annexation of both regions and hybrid warfare tactics including political interference, cyber-attacks, and disinformation and propaganda campaigns pose immediate challenges to the national security of Georgia and the security of Europe.

(b) Sense of Congress.—It is the sense of Congress that the United States should—

(1) reaffirm support and take steps to enhance and deepen the steadfast strategic partnership in all priority areas of the 2009 United States—Georgia Charter on Strategic Partnership and in line with the 2016 Memorandum of Understanding on Deepening the Defense and Security Partnership between the United States and Georgia;

(2) continue firm support to Georgia’s sovereignty and territorial integrity within its internationally recognized borders;

(3) intensify efforts towards de-occupation of Georgia’s territories and peaceful resolution of Russia-Georgia conflict, including through consolidation of decisive international action to ensure full and unconditional fulfilment by the Russian Federation of its international obligations, inter alia implementation of the EU-mediated 12 August 2008 Ceasefire Agreement;

(4) continue strong support and meaningful participation in the Geneva International Discussions for ensuring implementation of the Ceasefire Agreement by the Russian Federation and achieving lasting peace and security in Georgia;

(5) continue working to strengthen press freedom, democratic institutions, and the rule of law in Georgia in order to help secure its path of Euro-Atlantic integration and aspirant NATO and EU membership;

(6) prioritize and deepen defense and security cooperation with Georgia, including the full implementation and potential acceleration of the Georgia Defense and Deterrence Enhancement Initiative, increased military financing of Georgia’s equipment modernization plans to enhance Georgia’s deterrence, territorial defense, whole-of-government resistance and resilience capacity, and to foster readiness and NATO interoperability;

(7) support existing and new cooperation formats to bolster cooperation among NATO, Georgia and Black Sea regional partners to enhance Black Sea security especially in the changed security environment including increasing the frequency, scale and scope of exercises such as NATO Article 5 exercises and assistance to Georgia’s Defense Forces modernization efforts;

(8) enhance assistance to Georgia in the cyber domain through training, education, and technical assistance to enable Georgia to prevent, mitigate and respond to cyber threats; and

(9) continue support and assistance to Georgia in countering Russian disinformation and propaganda campaigns intended to undermine the sovereignty of Georgia, credibility of its democratic institutions and European and Euro-Atlantic integration.

SEC. 1268. Report on improved diplomatic relations and defense relationship with Albania.

(a) Appropriate congressional committees.—In this section, the term “appropriate congressional committees” 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.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, jointly with the Secretary of State, shall submit to the appropriate congressional committees an assessment of the viability of military infrastructure in Durrës, Albania, and Vlorë, Albania, as locations for cooperative security activities, including NATO activities and exercises that advance NATO and shared security objectives and enhance interoperability. The report shall also include a description of—

(1) opportunities for the United States to support training for Albania’s military forces;

(2) the current status of such training activities with Albania, including the level of progress toward interoperability, absorption of assistance, ability to sustain equipment provided, and other relevant factors that enhance Albania’s ability to contribute to NATO objectives and maritime security; and

(3) a cost estimate for any potential U.S. investments and activities.

SEC. 1269. Restriction of entities from using Federal funds from engaging, entering into, and awarding public works contracts.

(a) In general.—Chapter 33 of title 40, United States Code, is amended by adding at the end the following:

“§ 3320. Restriction of entities from using Federal funds to engage, enter into, and award public works contracts

“(a) In general.—Notwithstanding any other provision of law, Federal funds may not be provided to any covered entity for any covered public works project.

“(b) Requirements.—Any entity receiving funds for any covered public works project shall be free from any obligations, influences, or connections to any covered entity.

“(c) Exception.—This section shall only apply to projects that are located in the United States.

“(d) Definitions.—In this section:

“(1) COVERED ENTITY.—The term ‘covered entity’ means any entity that—

“(A) is headquartered in China;

“(B) is owned, directed, controlled, financed, or influenced directly or indirectly by the Government of the People’s Republic of China, the CCP, or the Chinese military, including any entity for which the Government of the People’s Republic of China, the CCP, or the Chinese military have the ability, through ownership of a majority or a dominant minority of the total outstanding voting interest in an entity, board representation, proxy voting, a special share, contractual arrangements, formal or informal arrangements to act in concert, or other means, to determine, direct, or decide for an entity in an important manner; or

“(C) is a parent, subsidiary, or affiliate of any entity described in subparagraph (B).

“(2) COVERED PUBLIC WORKS PROJECT.—The term ‘covered public works project’ means any project of the construction, repair, renovation, or maintenance of public buildings, structures, sewers, water works, roads, bridges, docks, underpasses and viaducts, as well as any other improvement to be constructed, repaired or renovated or maintained on public property to be paid, in whole or in part, with public funds or with financing to be retired with public funds in the form of lease payments or otherwise.”.

(b) Clerical amendment.—The analysis for chapter 33 of title 40, United States Code, is amended by adding at the end the following:

“3320. Restriction of entities from using Federal funds to engage, enter into, and award public works contracts.”.

“§ 3506. Restriction of States and local governments from using Federal funds to engage, enter into, and award public works contracts

“(a) In general.—A State or local government receiving Federal funds may not provide such funds to any covered entity for any covered public works project.

“(b) Requirements.—A State or local government shall verify that any entity receiving funds for any covered public works project is free from any obligations, influences, or connections to any covered entity.

“(c) Exception.—This section shall only apply to projects that are located in a State.

“(d) Definitions.—In this section:

“(1) COVERED ENTITY.—The term ‘covered entity’ means any entity that—

“(A) is headquartered in China;

“(C) is a parent, subsidiary, or affiliate of any entity described in subparagraph (B).

(d) Clerical amendment.—The analysis for chapter 35 of title 40, United States Code, is amended by adding at the end the following:

“3506. Restriction of States and local governments from using Federal funds to engage, enter into, and award public works contracts. ”.

(e) Updating regulations.—The Federal Acquisition Regulation and the Defense Federal Acquisition Regulation shall be revised to implement the provisions of this Act.

(f) Rule of applicability.—The amendments made by this section shall take effect, and shall apply to projects beginning on or after, 180 days after the date of enactment of this Act.

SEC. 1270. Modification to United States membership in interparliamentary group.

Section 1316(b) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 2001) is amended to read as follows:

“(b) Membership.—The Cyprus, Greece, Israel, and the United States 3+1 Interparliamentary Group shall include a group, to be known as the ‘United States group’, that consists of—

“(1) not more than 6 United States Senators, who shall be appointed jointly by the majority leader and the minority leader of the Senate; and

“(2) not more than 6 Members of the United States House of Representatives, who shall be appointed jointly by the Speaker and minority leader of the House of Representatives.”.

SEC. 1271. Limitation on transfer of F–16 aircraft.

The President may not sell or authorize a license for the export of new F–16 aircraft or F–16 upgrade technology or modernization kits pursuant to any authority provided by the Arms Export Control Act (22 U.S.C. 2751 et seq.) to the Government of Turkey, or to any agency or instrumentality of Turkey unless the President provides to the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the congressional defense committees a certification—

(1) that such transfer is in the national interest of the United States; and

(2) that includes a detailed description of concrete steps taken to ensure that such F-16s are not used by Turkey for repeated unauthorized territorial overflights of Greece.

SEC. 1301. Modification to annual report on military and security developments involving the People's Republic of China.

Section 1202(b) of the National Defense Authorization Act for Fiscal Year 2000 (10 U.S.C. 113 note) is amended as follows:

(1) In paragraph (5)—

(A) in subparagraph (B)—

(i) by striking “A summary” and inserting “a summary”; and

(ii) by striking “; and” at the end and inserting a semicolon;

(B) in subparagraph (C), by striking the period at the end and inserting “; and”; and

“(D) the doctrine, capabilities, organization, and operational employment of the People’s Liberation Army special operations forces.”.

(2) In paragraph (8), by adding at the end the following new subparagraph:

“(F) Special operations capabilities.”.

(3) By redesignating paragraph (14) as paragraph (15).

(4) By inserting after paragraph (13) the following:

“(14) An analysis of the activities of the People’s Republic of China in the Pacific Islands region.”.

SEC. 1302. Sense of Congress on South Korea.

It is the sense of Congress that—

(1) South Korea continues to be a critical ally of the United States;

(2) the presence of United States Armed Forces in South Korea serves as a strong deterrent against North Korean military aggression and as a critical support platform for national security engagements in the Indo-Pacific region;

(3) the presence of approximately 28,500 members of the United States Armed Forces deployed to South Korea serves not only as a stabilizing force to the Korean peninsula but also as a reassurance to all our allies in the region; and

(4) the United States should continue to—

(A) maintain and strengthen its bilateral relationship with South Korea and with other regional allies such as Japan; and

(B) maintain its existing robust military presence in South Korea to deter aggression against the United States and its allies and partners.

SEC. 1303. Sense of Congress on Taiwan defense relations.

It is the sense of Congress that—

(1) the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. et seq.) and the Six Assurances provided by the United States to Taiwan in July 1982 are the foundation for United States-Taiwan relations;

(2) as set forth in the Taiwan Relations Act, the United States decision to establish diplomatic relations with the People’s Republic of China rests upon the expectation that the future of Taiwan will be determined by peaceful means, and that any effort to determine the future of Taiwan by other than peaceful means, including boycotts and embargoes, is of grave concern to the United States;

(3) the increasingly coercive and aggressive behavior of the People’s Republic of China toward Taiwan is contrary to the expectation of the peaceful resolution of the future of Taiwan;

(4) as set forth in the Taiwan Relations Act, the capacity to resist any resort to force or other forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan should be maintained;

(5) the United States should continue to support the development of capable, ready, and modern defense forces necessary for Taiwan to maintain a sufficient self-defense capability, 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 the asymmetric defense strategy of Taiwan, including anti- ship, coastal defense, anti-armor, air defense, undersea warfare, advanced command, control, communications, computers, intelligence, surveillance, and reconnaissance, and resilient command and control capabilities;

(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 a sufficient self- defense capability, 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) identifying improvements in Taiwan’s ability to use asymmetric military capabilities to enhance its defensive capabilities, as described in the Taiwan Relations Act; and

(F) expanding cooperation in humanitarian assistance and disaster relief; and

(6) the United States should be committed to the defense of 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.

SEC. 1304. Sense of Congress and report on United States security cooperation with India.

(a) Sense of congress.—It is the sense of Congress that the United States—

(1) should build upon the 2016 designation of India as a Major Defense Partner of the United States by seeking to improve interoperability and actively looking for opportunities for joint military exercises; and

(2) should strengthen security cooperation with India in the Indian Ocean by—

(A) conducting high-end exercises and increasing joint training exercises;

(B) expanding the geographic scope of joint military activities between relevant United States commands and the Indian military in the Western Indian Ocean; and

(b) Report required.—Not later than March 1, 2023, the Under Secretary of Defense for Policy, in coordination with the Commander of United States Indo-Pacific Command and the Director of the Defense Security Cooperation Agency, shall 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 regarding—

(1) opportunities for deeper defense cooperation with India;

(2) the defense relationship between the Russian Federation and India;

(3) the defense relationship between the People’s Republic of China and India; and

(4) the defense relationship between the United States, Australia, Japan, and India.

SEC. 1305. Modification to report on resourcing United States defense requirements for the Indo-Pacific region and report on enhancing defense cooperation with allies and partners in the Indo-Pacific.

(a) In general.—Section 1251 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended in subsection (d)(1)(B) by amending clause (v) to read as follows:

“(v) An assessment of security cooperation authorities, activities, or resources required to achieve such objectives.”.

(b) Report required.—Not later than 180 days after the date of the enactment of this Act, the Commander of United States Indo-Pacific Command shall submit to the appropriate congressional committees a report on the feasibility and advisability of enhancing defense cooperation with allies and partners in the Indo-Pacific region that includes the following:

(1) A description of relevant cooperation between key allies and leading partners in the Indo-Pacific region and the United States during the preceding calendar year, including mutual visits, exercises, training, and equipment opportunities.

(2) An evaluation of the feasibility of enhancing cooperation between key allies and leading partners in the Indo-Pacific region on a range of activities, including—

(A) interoperability and coordination;

(B) disaster and emergency response;

(D) cyber defense and communications security;

(E) military medical cooperation;

(F) virtual combined exercises and training activities;

(G) advancing programs for United States military advisors to assist in training the active and reserve components of key allies and leading partners in the Indo-Pacific region; and

(H) expanding the activities of the National Guard in the Indo-Pacific region.

(3) Any other matters the Commander of United States Indo-Pacific Command considers appropriate.

(c) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) the congressional defense committees;

(2) the Committee on Foreign Affairs of the House of Representatives; and

(3) the Committee on Foreign Relations of the Senate.

SEC. 1306. Report on support and sustainment for critical capabilities in the area of responsibility of the United States Indo-Pacific Command necessary to meet operational requirements in certain conflicts with strategic competitors.

(a) Report required.—

(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Commander of the United States Indo-Pacific Command, in consultation with the Commander of the United States Transportation Command, the Director of the Defense Logistics Agency, and other Federal officials that the Commander of United States Indo-Pacific Command determines to be appropriate, shall submit to the appropriate congressional committees a report that describes the support and sustainment for critical capabilities in the area of responsibility of the United States Indo-Pacific Command that are necessary to meet operational requirements in a conflict with a strategic competitor of a duration that exceeds 6 months.

(2) MATTERS TO BE INCLUDED.—The report required by paragraph (1) shall include the following:

(A) An assessment of the posture and capabilities of the current strategic force laydown of the United States Indo-Pacific Command, including capabilities such as—

(i) command, control, communications, computers, cyber, intelligence, surveillance, and reconnaissance (commonly referred to as “C5ISR”) assets;

(ii) surface, subsurface, land, air, and space disposition and capabilities;

(iii) strategic long-range precision fires, missile defense, and anti-air capabilities;

(iv) force protection of assets and critical infrastructure;

(v) logistics and sustainment capabilities, including positioning, quantity, and distribution of fuels; and

(vi) munitions required to meet operational requirements.

(B) A detailed assessment of any gaps in the required capabilities described in subparagraph (A) relative to the requirements of the United States Indo-Pacific Command in both steady state and in such a conflict with a strategic competitor, including gaps in any capabilities described in the report required by section 1251(d) of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283).

(C) An assessment of measures required to mitigate the gaps described in subparagraph (B) before December 31, 2025. The assessment shall include associated costs with enhancing United States, allied, and partner military posture, basing, and sustainment infrastructure in the area of responsibility of the United States Indo-Pacific Command to best meet the operational requirements described in subparagraph (A), including in States, territories, and possessions of the United States and regional allies and partners.

(b) Form.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.

(1) the term “appropriate congressional committees” means—

(A) the congressional defense committees; and

(B) the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate; and

(2) the term “strategic competitor” means a country labeled as a strategic competitor in the “Summary of the 2018 National Defense Strategy of the United States of America: Sharpening the American Military’s Competitive Edge”, issued by the Department of Defense pursuant to section 113 of title 10, United States Code.

SEC. 1307. Modification to Pacific Deterrence Initiative.

Section 1251(d) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3951) is amended—

(1) by redesignating paragraph (2) as paragraph (3); and

(2) by inserting after paragraph (1) the following:

“(2) SUBSEQUENT REPORT.—Not later than 15 days after the submission of the report required by paragraph (1) for fiscal year 2024, the Commander of the United States Indo-Pacific Command shall submit to the congressional defense committees a subsequent report containing a comparison of the specific cost estimates required by items (aa) through (ff) of paragraph (1)(B)(vi)(II) to the funding provided in the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for such items for such fiscal year.”.

SEC. 1308. Seize the Initiative.

(a) In general.—There shall be established in the Department of Defense an initiative, to be known as the “Seize The Initiative Fund” (referred to in this section as the “Fund”), for the use of the Commander of United States Indo-Pacific Command to increase the ability of covered Armed Forces to respond to contingencies in the Indo-Pacific.

(b) Authorization of appropriations.—There is authorized to be appropriated $1,000,000,000 for the Department of Defense for fiscal year 2023 for the allowable uses described in subsection (c).

(c) Allowable uses.—The funds authorized to be appropriated by this section shall be used by the Commander of United States Indo-Pacific Command, in consultation with the Secretary of Defense and the Secretaries of the military departments, for the following purposes:

(1) Activities to increase the presence of covered Armed Forces west of the international dateline in the United States Indo-Pacific Command area of responsibility.

(2) Activities to improve infrastructure to enhance the responsiveness of covered Armed Forces west of the international dateline in the United States Indo-Pacific Command area of responsibility.

(3) Activities to enhance prepositioning in the United States Indo-Pacific Command area of responsibility of equipment of covered Armed Forces.

(4) Activities to enhance contingency response in the United States Indo-Pacific Command area of responsibility.

(d) Initial plan required.—The Commander of United States Indo-Pacific Command shall, within 180 days of the enactment of this act, provide the congressional defense committees with a plan to use funds authorized pursuant to this section. Such plan, to the extent practicable, shall be consistent with other plans required to be produced by the Commander of United States Indo-Pacific Command, including under section 1242 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1978).

(e) Covered Armed Forces.—In this section, the term “covered Armed Force” means the following forces of the United States:

(1) The Army.

(2) The Navy.

(3) The Marine Corps.

(4) The Air Force.

(5) The Space Force.

SEC. 1309. Modification to China military power report.

Section 1202(b)(7)(B) of the National Defense Authorization Act for Fiscal Year 2000 (10 U.S.C. 113 note) 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 Middle East and North Africa, especially with respect to Iran and China’s relationship with Iranian proxies such as Hezbollah in Lebanon, the Houthis (“Ansar Allah”) in Yemen, the Assad regime in Syria, and Iranian-backed militias in Iraq;”.

SEC. 1310. Modifications to public reporting of Chinese military companies operating in the United States.

(a) In general.—Section 1260H(c) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note) is amended by adding at the end the following sentence: “The Secretary of Defense shall also consider information related to a Chinese military company operating directly or indirectly in the United States or any of its territories and possessions that is provided jointly by the chairperson and ranking member of each of the congressional defense committees in making such determinations.”.

(b) Determination prompted by joint submission of information.—Section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note) is amended—

(1) by redesignating subsection (d) as subsection (e); and

(2) by inserting after subsection (c) (as amended) the following:

“(d) Determination required.—Not later than 30 days after receiving information described in the second sentence of subsection (c) with respect to an entity, the Secretary of Defense shall—

“(1) determine if that entity meets the criteria for inclusion on the list required under subsection (b); and

“(2) submit an unclassified report, without any designation relating to dissemination control, to the chairperson and ranking member of the committee that provided the information with respect to such determination, including whether the Secretary intends to list such entity publicly.”.

SEC. 1311. 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 Office of 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 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) Involvement in the implementation of the military-civil fusion strategy of China.

(B) Participation in the defense industrial base of China.

(D) Funding received from any organization subordinate to the Central Military Commission of the Chinese Communist Party.

(E) Relationship with any security, defense, police, or within the Government of China or the Chinese Communist Party.

(F) Any other factor the Secretary determines is appropriate.

(b) Report.—

(1) ANNUAL REPORT.—Not later than September 30, 2023, and annually thereafter for 5 years, the Secretary shall submit to the appropriate congressional committees a list of each entity identified pursuant to subsection (a) in classified and unclassified forms, and shall include in such submission, as applicable, an explanation of any entities deleted from such list with respect to a prior list.

(2) CONCURRENT PUBLICATION.—Concurrent with the submission of each list described in paragraph (1), the Secretary shall publish the unclassified portion of such list in the Federal Register.

(3) ONGOING REVISIONS.—The Secretary, in consultation with the Office of the Director of National Intelligence, shall make additions or deletions to the most recent list submitted under paragraph (1) on an ongoing basis based on the latest information available.

(4) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this subsection, 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.

(c) People’s Liberation Army defined.—In this section, the term “People’s Liberation Army” means the land, naval, and air military services, the People’s Armed Police, the Strategic Support Force, the Rocket Force, and any other related security element within the Government of China or the Chinese Communist Party that the Secretary determines is appropriate.

SEC. 1312. Sense of Congress on inviting Taiwan to the Rim of the Pacific exercise.

It is the sense of Congress that the naval forces of Taiwan should be invited to participate in the Rim of the Pacific exercise conducted in 2024.

SEC. 1313. Joint exercises with Taiwan.

(a) Sense of congress.—It is the sense of Congress that—

(1) joint military exercises with Taiwan are an important component of improving military readiness and joint operability of both countries;

(2) the Commander of United States Indo-Pacific Command, and other commands in the United States Indo-Pacific Command area of responsibility, already possess the legal authority to carry out such exercises; and

(3) the United States should better use existing authorities to improve the readiness and joint operability of United States and Taiwanese forces.

(b) Authority recognized.—The Commander of United States Indo-Pacific Command is authorized to carry out military exercises with Taiwan that—

(1) include multiple warfare domains and make extensive use of military common operations network used by United States, allied, and Taiwanese forces;

(2) to the maximum extent practical, incorporate the cooperation of 2 or more combatant and subordinate unified commands; and

(3) present a complex military problem and include a force presentation of a strategic competitor.

SEC. 1314. Taiwan defense cooperation.

(a) Study.—Not later than April 1, 2023, the Secretary of Defense, in consultation with the Joint Chiefs of Staff and the heads of such other agencies as the Secretary determines appropriate, shall complete a study on the feasibility of additional Department of Defense resources necessary to facilitate increased military cooperation between the United States and Taiwan.

(b) Elements.—The study required by subsection (a) shall assess the following:

(1) A description of the military cooperation handled by the Department of Defense between the United States and Taiwan during the preceding calendar year, including arm sales, mutual visits, exercises, and training.

(2) The additional manpower required to facilitate the arms sales process to Taiwan and other matters as specified in subsection (a).

(3) The overall cost and anticipated efficiency of such additional resources.

(4) Such other matters as may be determined relevant by the Secretary.

(c) Briefing.—Not later than April 1, 2023, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the findings of the study under subsection (a), including with respect to each element specified in subsection (b).

SEC. 1315. 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 ongoing genocide in China, as determined by the Secretary of State on January 19, 2021, recognized and apologized for committing such genocide, and engaged in a credible justice and accountability process for all victims of such genocide.”.

SEC. 1316. Addition to next annual report on military and security developments involving China.

The Secretary of Defense shall include, in the next report submitted on or before March 1, 2023, to fulfill the requirements under section 1202 of the National Defense Authorization Act for Fiscal Year 2000 (10 U.S.C. 113 note), a robust analysis of developments in both the Space Systems Department and the Network Systems Department of the Strategic Support Force of China.

SEC. 1317. Sense of Congress on enhancing NATO efforts to counter misinformation and disinformation.

It is the sense of Congress that the United States should—

(1) prioritize efforts to enhance the North Atlantic Treaty Organization’ (NATO’s) capacity to counter misinformation and disinformation;

(2) support an increase in NATO’s human, financial, and technological resources and capacity dedicated to understand, respond to, and fight threats in the information space; and

(3) support building technological resilience to misinformation and disinformation.

SEC. 1318. 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. 1319. Report on Indo-Pacific region.

(a) In general.—

(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Assistant Secretary of State for the Bureau of East Asian and Pacific Affairs, in coordination with the Assistant Secretary of State for the Bureau of South and Central Asian Affairs, and Assistant Administrator for the Bureau for Asia of the United States Agency for International Development (USAID), shall submit to the congressional foreign affairs committees a report that contains a 2-year strategy assessing the resources and activities required to achieve the policy objectives described in subsection (c).

(2) SUBMISSION AND UPDATE.—The report and strategy required by this subsection shall—

(A) be submitted at the same time as the submission of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for fiscal year 2024; and

(B) be updated and submitted at the same time as the submission of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for fiscal years 2026, 2028, and 2030.

(b) Criteria.—The report and strategy required in subsection (a) shall be developed in accordance with the following criteria:

(1) It shall reflect the objective, autonomous, and independent assessment of the activities, resources, and costs required to achieve objectives detailed in subsection (c) by the principals, the subordinate and parallel offices providing input into the assessment.

(2) It shall cover a period of five fiscal years, beginning with the fiscal year following the fiscal year in which the report is submitted.

(3) It shall incorporate input from U.S. Ambassadors in the Indo-Pacific region provided explicitly for the required report.

(4) It may include information gathered through consultation with program offices and subject matter experts in relevant functional bureaus, as deemed necessary by the principals.

(5) It shall not be subject to fiscal guidance or global strategic tradeoffs associated with the annual President’s budget request.

(c) Policy objectives.—The report and strategy required in subsection (a) shall assess the activities and resources required to achieve the following policy objectives:

(1) Implement the Interim National Security Strategic Guidance, or the most recent National Security Strategy, with respect to the Indo-Pacific region.

(2) Implement the 2022 Indo-Pacific Strategy, or successor documents, that set forth the U.S. Government strategy toward the Indo-Pacific region.

(3) Implement the State-USAID Joint Strategic Plan with respect to the Indo-Pacific region.

(4) Enhance meaningful diplomatic and economic relations with allies and partners in the Indo-Pacific and demonstrate an enduring U.S. commitment to the region.

(5) Secure and advance U.S. national interests in the Indo-Pacific, including through countering the malign influence of the Government of the People’s Republic of China.

(d) Matters To be included.—The report and strategy required under subsection (a) shall include the following:

(1) A description of the Bureaus’ bilateral and multilateral goals for the period covered in the report that the principals deem necessary to accomplish the objectives outlined in subsection (c), disaggregated by country and forum.

(2) A timeline with annual benchmarks for achieving the objectives described in subsection (c).

(3) An assessment of the sufficiency of U.S. diplomatic personnel and facilities currently available in the Indo-Pacific region to achieve the objectives outlined in subsection (c), through consultation with U.S. embassies in the region. The assessment shall include:

(A) A list, in priority order, of locations in the Indo-Pacific region that require additional diplomatic personnel or facilities.

(B) A description of locations where the United States may be able to collocate diplomatic personnel at allied or partner embassies and consulates.

(C) A discussion of embassies or consulates where diplomatic staff could be reduced within the Indo-Pacific region, where appropriate.

(D) A detailed description of the fiscal and personnel resources required to fill gaps identified.

(4) A detailed plan to expand U.S. 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 U.S. strategic messaging and spotlight coercive PRC behavior.

(6) A detailed description of the resources and policy tools needed to expand the United States ability to offer high-quality infrastructure projects in strategically significant parts of the Indo-Pacific region, with a particular focus on expanding investments in Southeast Asia and the Pacific Islands.

(7) A gap assessment of security assistance by country, and of the resources needed to fill those gaps.

(8) A description of the resources and policy tools needed to facilitate continued private sector investment in partner countries in the Indo-Pacific.

(9) A discussion of any additional bilateral or regional assistance resources needed to achieve the objectives outlined in subsection (c), as deemed necessary by the principals.

(e) Form.—The report required under subsection (a) shall be submitted in an unclassified form, but may include a classified annex.

(f) Availability.—Not later than February 1 each year, the Assistant Secretary for East Asian and Pacific Affairs shall make the report and strategy available to the Secretary of State, the Administrator of the USAID, the Deputy Secretary of State, the Deputy Secretary of State for Management and Resources, the Deputy Administrator for Policy and Programming, the Deputy Administrator for Management and Resources, the Under Secretary of State for Political Affairs, the Director of the Office of Foreign Assistance at the Department of State, the Director of the Bureau of Foreign Assistance at the USAID, and the Director of Policy Planning.

(g) Definitions.—In this section:

(1) INDO-PACIFIC REGION.—The term “Indo-Pacific region” means the countries under the jurisdiction of the Bureau for East Asian and Pacific Affairs, as well as the countries of Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, and Sri Lanka.

(2) FOREIGN AFFAIRS COMMITTEES.—The term “foreign affairs committees” means the Committee on Foreign Affairs of the House of Representatives; the Committee on Foreign Relations of the Senate; the Subcommittee on State, Foreign Operations, Related Programs of the Committee on Appropriations of the House of Representatives; and the Subcommittee on State, Foreign Operations, and Related Programs of the Committee on Appropriations of the Senate.

(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. 1320. 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. 1321. Report on providing access to uncensored media in China.

Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall provide to Congress a classified report on what is needed to provide access to free and uncensored media in the Chinese market.

SEC. 1331. Support of special operations for irregular warfare.

(a) Codification.—

(1) IN GENERAL.—Chapter 3 of title 10, United States Code, is amended by inserting after section 127c a new section 127d consisting of—

(A) a heading as follows:

“§ 127d. Support of special operations for irregular warfare”; and

(B) a text consisting of the text of subsections (a) through (i) of section 1202 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1639).

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 127c the following new item:

“127d. Support of special operations for irregular warfare.”.

(b) Modification of dollar amount.—Section 127d of title 10, United States Code, as so amended, is further amended in subsection (a) by striking “$15,000,000” and inserting “$25,000,000”.

SEC. 1332. Permanent extension of authority for certain payments to redress injury and loss.

Section 1213(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2731 note) is amended by striking “During” and all that follows through “December 31, 2023, not” and inserting “Not”.

SEC. 1333. Extension of United States-Israel cooperation to counter unmanned aerial systems.

Section 1278(f) of the National Defense Authorization Act, 2020 (Public Law 116–92; 133 Stat. 1702; 22 U.S.C. 8606 note) is amended by striking “December 31, 2024” and inserting “December 31, 2026”.

SEC. 1334. 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”.

SEC. 1335. Modification to initiative to support protection of national security academic researchers from undue influence and other security threats.

(a) In general.—Clause (iii) of section 1286(c)(8)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note; Public Law 115–232) is amended—

(1) in subclause (I), by striking “or” at the end; and

(2) by adding at the end the following:

“(III) to provide documented support to a defense or an intelligence agency of the applicable country; or”.

(b) Prohibition on funds.—

(1) IN GENERAL.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2023 or any subsequent fiscal year for the Department of Defense for research, development, test, and evaluation may be provided to an entity that maintains a contract between the entity and a Chinese or Russian academic institution identified on the list developed under section 1286(c)(8)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 by reason of meeting the requirements of clause (ii) or (iii) (as amended by subsection (a)) of such section.

(2) WAIVER.—The Secretary of Defense may waive the prohibition on funds under this subsection with respect to an entity if the Secretary determines that such a waiver is appropriate.

SEC. 1336. Annual report on role of antisemitisim in violent extremist movements.

(a) In general.—The Secretary of Defense, in coordination with the Secretary of State and the Office of the Special Envoy To Monitor and Combat Antisemitism, shall submit to the appropriate congressional committees an annual report on—

(1) the rise in global antisemitism;

(2) the role of antisemitism in violent extremist movements;

(3) the threat of global antisemitism to the United States Armed Forces; and

(4) the threat of global antisemitism to United States national security and interests.

(b) Form; publication.—The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex. The unclassified portion of such report shall be published on a publicly available website of the Department of Defense.

(1) the Committee on Armed Services and the Committee on Foreign Affairs, of the House of Representatives; and

(2) the Committee on Armed Services and the Committee on Foreign Relations of the Senate.

SEC. 1337. Use of United States-origin defense articles in Yemen.

(a) In general.—The Secretary of State, in consultation with the Secretary of Defense, shall develop specific guidance for investigating any indications that United States-origin defense articles have been used in Yemen by the Saudi-led coalition in substantial violation of relevant agreements with countries participating in the coalition, including for unauthorized purposes.

(b) Report.—

(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on—

(A) the guidance developed pursuant to subsection (a); and

(B) all current information on each of the certification elements required by section 1290 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232).

(2) FORM.—The report required by this subsection shall be submitted in unclassified form, but may include a classified annex if necessary.

(3) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this subsection, the term “appropriate congressional committees” means—

(A) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and

(B) the Committee on Foreign Relations and the Committee on Armed Services of the Senate.

SEC. 1338. Sense of Congress regarding Israel.

It is the sense of Congress that—

(1) since 1948, Israel has been one of the strongest friends and allies of the United States;

(2) Israel is a stable, democratic country in a region often marred by turmoil;

(3) it is essential to the strategic interest of the United States to continue to offer security assistance and related support to Israel; and

(4) such assistance and support is especially vital as Israel confronts a number of potential challenges at the present time, including continuing threats from Iran.

SEC. 1339. Sense of Congress and briefing on multinational force and observers.

(a) Sense of Congress.—It is the sense of Congress that—

(1) the Multinational Force and Observers has helped strengthen stability and kept the peace in Sinai Peninsula; and

(2) the United States should continue to maintain its strong support for the Multinational Force and Observers.

(b) Briefing.—Not later than 60 days before the implementation of any plan to move a Multinational Force and Observer site, the Secretary of Defense shall brief the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Foreign Relations of the Senate on the resulting impact of such plan existing security arrangements between Israel and Egypt.

SEC. 1340. Comprehensive strategy to counter gray zone operations and other hybrid warfare methods.

(a) In general.—The President shall develop and submit to the appropriate congressional committees a comprehensive strategy to counter gray zone operations and other hybrid warfare methods of foreign adversaries and competitors and develop pro-active efforts to put forth United States interests to counter such operations and methods.

(b) Matters to be included.—The strategy required by subsection (a) shall include—

(1) an identification of United States interests described in such subsection; and

(2) a description of the means to achieve such interests.

(c) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) congressional defense committees; and

(2) the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.

SEC. 1341. Study on Department of Defense support for stabilization activities in national security interest of the United States.

(a) In general.—The Secretary of Defense shall conduct a study on the use and implementation of the authority of section 1210A of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1626), relating to Department of Defense support for stabilization activities in national security interest of the United States.

(b) Matters to be included.—The study required by subsection (a) shall include the following:

(1) A review of the use and implementation of the authority of section 1210A of the National Defense Authorization Act for Fiscal Year 2020.

(2) An identification of the number of requests for support made by the Department of State, the United States Agency for International Development, and other Federal agencies pursuant to such authority and number of such requests granted by the Department of Defense.

(3) An identification of the total amount of support provided by the Department of Defense pursuant to such requests so granted.

(1) IN GENERAL.—The Secretary of Defense shall submit to the appropriate congressional committees a report that contains the results of the study required by subsection (a).

(2) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this subsection, the term “appropriate congressional committees” means—

(A) congressional defense committees; and

(B) the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.

SEC. 1342. Report on American Institute in Taiwan efforts to combat certain disinformation and propaganda.

(a) Report.—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 (as appropriate), shall submit a report to the appropriate Congressional Committees—

(1) on the efforts of the American Institute in Taiwan to combat disinformation or propaganda perpetuated by the Chinese Communist Party and People’s Republic of China in regards to—

(A) United States commitment to Taiwan’s self-defense, pursuant to the Taiwan Relations Act;

(B) United States Foreign Military Sales to Taiwan; and

(2) that contains—

(A) an assessment of the effectiveness of the efforts of the American Institute in Taiwan in combating disinformation or propaganda perpetuated by the Chinese Communist Party and People’s Republic of China; and

(B) recommendations on how to better combat such disinformation or propaganda.

(b) Form.—The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.

(c) Appropriate Congressional Committees defined.—In this section the term, “appropriate Congressional Committees” means—

(1) the Committee on 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. 1343. Report on Azerbaijan.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to Congress a report on the following:

(1) United States parts and technology discovered in Turkish Bayraktar unmanned aerial vehicles deployed by Azerbaijan against Nagorno Karabakh between September 27, 2020 and November 9, 2020, including an assessment of any potential violations of United States arms export laws, sanctions policies, or other provisions of United States law related to the discovery of such parts and technology.

(2) Azerbaijan’s use of white phosphorous, cluster bombs and other prohibited munitions deployed by Azerbaijan against Nagorno Karabakh between September 27, 2020, and November 9, 2020, including an assessment of any potential violations of United States or international law related to the use of these munitions.

(3) Turkey’s and Azerbaijan’s recruitment of foreign terrorist fighters to participate in Azerbaijan’s offensive military operations against Nagorno Karabakh between September 27, 2020, and November 9, 2020, including an assessment of any related potential violations of United States law, the International Convention against the Recruitment, Use, Financing and Training of Mercenaries, or other international or multilateral treaties.

SEC. 1344. Defense and diplomatic strategy for Libya.

(a) Report required.—Not later than 240 days after the date of the enactment of this Act and annually thereafter through 2027, the Secretary of State, in concurrence with the Secretary of Defense, shall submit to the appropriate congressional committees a report that contains a description of the United States defense and diplomatic strategy for Libya.

(b) Elements.—The report required by subsection (a) shall include the following elements:

(1) An explanation of the defense and diplomatic strategy for Libya, including a description of the ends, ways, and means inherent to the strategy, the role of the Armed Forces in supporting the strategy, and its integration with the U.S. Strategy to Prevent Conflict and Promote Stability.

(2) An explanation of how the existing authorities and available resources of the Department of Defense and the Department of State are being utilized to support the strategy.

(3) A detailed description of Libyan and external security actors and an assessment of how those actors advance or undermine stability in Libya and United States strategic interests in Libya, including United States interests in a political settlement to the conflict in Libya.

(4) A detailed description of the military activities of external actors in Libya, including assessments and detailed analysis of situations in which those activities—

(A) have undermined progress towards stabilization of Libya, including the United Nations-led negotiations;

(B) involve United States-origin equipment and violate contractual conditions of acceptable use of such equipment; or

(C) violate or seek to violate the United Nations arms embargo on Libya imposed pursuant to United Nations Security Council Resolution 1970 (2011).

(5) An update on assessments relating to reopening the United States Embassy in Libya, including any existing or potential barriers to implementation, financial cost estimates, security considerations, and possible timelines.

(6) An identification and assessment of the root causes of migration through Libya into Europe, including—

(A) the extent to which such migratory trends correlate to increased instances of human trafficking and slavery, including actors attributed to such behavior;

(B) an analysis of Libyan Government and international efforts to reduce migration and prevent human trafficking, slavery, and abuse of migrants’ human rights in Libya; and

(C) United States policy options to reduce flows of migrants to and through Libya and to support the humane treatment of migrants and their lawful departure from Libya in cooperation with Libyan authorities, United Nations entities, and partner governments.

(7) A plan for any potential stabilization operations support for Libya, as a designated priority country under the Global Fragility Act of 2019 (22 U.S.C. 9804), including—

(A) A detailed description of the stability and threat environment in Libya and related stabilization objectives, including the desired end-state for the United States.

(B) Any potential limitations to existing resources of either Department affecting the ability to support stabilization operations in Libya.

(C) A detailed analysis of whether barriers exist to the use of authorities pursuant to section 1210A of the National Defense Authorization Act for Fiscal Year 2020 (133 Stat. 1626) to support United States stabilization efforts in Libya, and any congressional or departmental action that could reduce such barriers.

(D) An identification of interagency deployments in Libya, including the rationale for such deployments and plans for future interagency deployments.

(8) Any other matters the Secretary of Defense considers appropriate.

(c) Form.—The report required by subsection (a) 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 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. 1345. Repeal of restriction on funding for the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization.

Section 1279E of the National Defense Authorization Act for Fiscal Year 2018 (22 U.S.C. 287 note) is repealed.

SEC. 1346. Sense of Congress regarding the boycott of certain companies that continue to operate in Russia and provide financial benefits to the Putin regime.

(a) Findings.—Congress finds the following:

(1) On February 24, 2022, the Government of Russia, led by Vladimir Putin, invaded the sovereign country of Ukraine under the direction of the President of the Russian Federation Vladimir Putin.

(2) On March 6, 2022, Secretary of State Antony Blinken stated that the United States has seen credible reports of Russia engaging in “deliberate attacks on civilians, which would constitute a war crime”.

(3) On March 16, 2022, Ukrainian President Zelenskyy urged “All American companies must leave Russia * * * leave their market immediately, because it is flooded with [Ukrainian] blood”.

(4) In the same speech, President Zelenskyy called on Congress to lead by pressuring companies “who finance the Russian military machine” and conduct “business in Russia” and to “make sure that the Russians do not receive a single penny that they use to destroy people in Ukraine”.

(5) Jeffrey Sonnenfeld of the Yale School of Management has compiled a list of some 1,000 companies which have withdrawn permanently or temporarily from Russia.

(6) By refusing to reduce, cease, or withdraw operations in Russia, these companies which have not withdrawn permanently or temporarily from Russia contribute to undermining the sanctions imposed by the United States and its allies that are intended to deter further Russian aggression.

(7) A number of United States and multinational companies that do business in Russia do not provide life-saving or health-related goods and services to the Russian people and contribute to Putin’s ability to wage war in Ukraine and continue to commit war crimes by providing revenue for the Russian Government.

(b) Sense of Congress.—Congress—

(1) supports and encourages Americans who choose to exercise their free speech rights by boycotting companies that do not provide life-saving or health-related goods and services to the Russian people yet continue to operate in Russia;

(2) condemns companies that continue to operate in Russia and provide financial benefits to the Putin regime that enable his ability to continue waging war in Ukraine; and

(3) commends companies that have already suspended operations in or withdrawn from markets in Russia in response to the Putin regime’s unlawful invasion of Ukraine.

SEC. 1347. Report on arms trafficking in Haiti.

(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 Commerce and the Attorney General, shall submit to the appropriate congressional committees a report on arms trafficking in Haiti.

(b) Matters to be included.—The report shall include the following:

(1) The number and category of United States-origin weapons in Haiti, including those in possession of the Haitian National Police or other state authorities and diverted outside of their control and the number of United States-origin weapons believed to be illegally trafficked from the United States since 1991.

(2) The major routes by which illegal arms are trafficked into Haiti.

(3) The major Haitian seaports, airports, and other border crossings where illegal arms are trafficked.

(4) An accounting of the ways individuals evade law enforcement and customs officials.

(5) A description of networks among Haitian government officials, Haitian customs officials, and gangs and others illegally involved in arms trafficking.

(6) Whether any end-use agreements between the United States and Haiti in the issuance of United States-origin weapons have been violated.

(c) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives; and

(2) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on the Judiciary of the Senate.

SEC. 1348. Establishment of the Office of City and State Diplomacy.

Section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is amended—

(1) by redesignating the second subsection (h) (relating to the Office of Sanctions Coordination) as subsection (k); and

(2) by adding at the end the following new subsection:

“(l) Office of City and State Diplomacy.—

“(1) IN GENERAL.—There shall be established within the Department of State an Office of City and State Diplomacy (in this subsection referred to as the ‘Office’). The Department may use a similar name at its discretion and upon notification to Congress.

“(2) HEAD OF OFFICE.—The head of the Office shall be the Ambassador-at-Large for City and State Diplomacy (in this subsection referred to as the ‘Ambassador’) or other appropriate senior official. The head of the Office shall—

“(A) be appointed by the President, by and with the advice and consent of the Senate; and

“(B) report directly to the Secretary, or such other senior official as the Secretary determines appropriate and upon notification to Congress.

“(3) DUTIES.—

“(A) PRINCIPAL DUTY.—The principal duty of the head of the Office shall be the overall coordination (including policy oversight of resources) of Federal support for subnational engagements by State and municipal governments with foreign governments. The head of the Office shall be the principal adviser to the Secretary of State on subnational engagements and the principal official on such matters within the senior management of the Department of State.

“(B) ADDITIONAL DUTIES.—The additional duties of the head of the Office shall include the following:

“(i) Coordinating overall United States policy and programs in support of subnational engagements by State and municipal governments with foreign governments, including with respect to the following:

“(I) Coordinating resources across the Department of State and throughout the Federal Government in support of such engagements.

“(II) Identifying policy, program, and funding discrepancies among relevant Federal agencies regarding such coordination.

“(III) Identifying gaps in Federal support for such engagements and developing corresponding policy or programmatic changes to address such gaps.

“(ii) Identifying areas of alignment between United States foreign policy and State and municipal goals.

“(iii) Improving communication with the American public, including, potentially, communication that demonstrate the breadth of international engagement by subnational actors and the impact of diplomacy across the United States.

“(iv) Providing advisory support to subnational engagements, including by assisting State and municipal governments regarding—

“(I) developing and implementing global engagement and public diplomacy strategies;

“(II) implementing programs to cooperate with foreign governments on policy priorities or managing shared resources; and

“(III) understanding the implications of foreign policy developments or policy changes through regular and extraordinary briefings.

“(v) Facilitating linkages and networks among State and municipal governments, and between State and municipal governments and their foreign counterparts, including by tracking subnational engagements and leveraging State and municipal expertise.

“(vi) Supporting the work of Department of State detailees assigned to State and municipal governments pursuant to this subsection.

“(vii) Under the direction of the Secretary, negotiating agreements and memoranda of understanding with foreign governments related to subnational engagements and priorities.

“(viii) Supporting United States economic interests through subnational engagements, in consultation and coordination with the Department of Commerce, the Department of the Treasury, and the Office of the United States Trade Representative.

“(ix) Coordinating subnational engagements with the associations of subnational elected leaders, including the United States Conference of Mayors, National Governors Association, National League of Cities, National Association of Counties, Council of State Governments, National Conference of State Legislators, and State International Development Organizations.

“(4) COORDINATION.—With respect to matters involving trade promotion and inward investment facilitation, the Office shall coordinate with and support the International Trade Administration of the Department of Commerce as the lead Federal agency for trade promotion and facilitation of business investment in the United States.

“(5) DETAILEES.—

“(A) IN GENERAL.—The Secretary of State, with respect to employees of the Department of State, is authorized to detail a member of the civil service or Foreign Service to State and municipal governments on a reimbursable or nonreimbursable basis. Such details shall be for a period not to exceed two years, and shall be without interruption or loss of status or privilege.

“(B) RESPONSIBILITIES.—Detailees under subparagraph (A) should carry out the following:

“(i) Supporting the mission and objectives of the host subnational government office.

“(ii) Advising State and municipal government officials regarding questions of global affairs, foreign policy, cooperative agreements, and public diplomacy.

“(iii) Coordinating activities relating to State and municipal government subnational engagements with the Department of State, including the Office, Department leadership, and regional and functional bureaus of the Department, as appropriate.

“(iv) Engaging Federal agencies regarding security, public health, trade promotion, and other programs executed at the State or municipal government level.

“(v) Any other duties requested by State and municipal governments and approved by the Office.

“(C) ADDITIONAL PERSONNEL SUPPORT FOR SUBNATIONAL ENGAGEMENT.—For the purposes of this subsection, the Secretary of State—

“(i) is authorized to employ individuals by contract;

“(ii) is encouraged to make use of the re-hired annuitants authority under section 3323 of title 5, United States Code, particularly for annuitants who are already residing across the United States who may have the skills and experience to support subnational governments; and

“(iii) is encouraged to make use of authorities under the Intergovernmental Personnel Act of 1970 (42 U.S.C. 4701 et seq.) to temporarily assign State and local government officials to the Department of State or overseas missions to increase their international experience and add their perspectives on United States priorities to the Department.

“(6) REPORT AND BRIEFING.—

“(A) REPORT.—Not later than one year after the date of the enactment of this subsection, the head of the Office shall submit to the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate a report that includes information relating to the following:

“(i) The staffing plan (including permanent and temporary staff) for the Office and a justification for the location of the Office within the Department of State’s organizational structure.

“(ii) The funding level provided to the Office for the Office, together with a justification relating to such level.

“(iii) The rank and title granted to the head of the Office, together with a justification relating to such decision and an analysis of whether the rank and title of Ambassador-at-Large is required to fulfill the duties of the Office.

“(iv) A strategic plan for the Office, including relating to—

“(I) leveraging subnational engagement to improve United States foreign policy effectiveness;

“(II) enhancing the awareness, understanding, and involvement of United States citizens in the foreign policy process; and

“(III) better engaging with foreign subnational governments to strengthen diplomacy.

“(v) Any other matters as determined relevant by the head of the Office.

“(B) BRIEFINGS.—Not later than 30 days after the submission of the report required under subparagraph (A) and annually thereafter, the head of the Office shall brief the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate on the work of the Office and any changes made to the organizational structure or funding of the Office.

“(7) RULE OF CONSTRUCTION.—Nothing in this subsection may be construed as precluding—

“(A) the Office from being elevated to a bureau within the Department of State; or

“(B) the head of the Office from being elevated to 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).

“(8) DEFINITIONS.—In this subsection:

“(A) MUNICIPAL.—The term ‘municipal’ means, with respect to the government of a municipality in the United States, a municipality with a population of not fewer than 100,000 people.

“(B) STATE.—The term ‘State’ means the 50 States, the District of Columbia, and any territory or possession of the United States.

“(C) SUBNATIONAL ENGAGEMENT.—The term ‘subnational engagement’ means formal meetings or events between elected officials of State or municipal governments and their foreign counterparts.”.

SEC. 1349. Transfer of excess OLIVER HAZARD PERRY class guided missile frigates to Egypt.

(a) In general.—The President is authorized to transfer to the Government of Egypt the OLIVER HAZARD PERRY class guided missile frigates ex-USS CARR (FFG-52) and ex-USS ELROD (FFG-55) on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j) on or after the date on which the President submits to the appropriate congressional committees a certification described in subsection (b).

(b) Certification.—The certification described in this subsection is a certification of the President of the following:

(1) The President has received reliable assurances that the Government of Egypt and any Egyptian state-owned enterprises—

(A) are not knowingly engaged in any activity subject to sanctions under the Countering America’s Adversaries Through Sanctions Act, including an activity related to Russian Su-35 warplanes or other advanced military technologies; and

(B) will not knowingly engage in activity subject to sanctions under the Countering America’s Adversaries Through Sanctions Act in the future.

(2) The Egyptian crews participating in training related to and involved in the operation of the vessels transferred under this section are subject to the requirements of section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d), section 362 of title 10, United States Code, and other relevant human rights vetting to ensure United States-funded assistance related to the transfer of the vessels under this section are not provided to Egyptian security forces that have committee gross violations of internationally recognized human rights or other documented human rights abuses.

(3) The Government of Egypt is no longer unlawfully or wrongfully detaining United States nationals or lawful permanent residents, based on criteria which may include—

(A) the detained individual has presented credible information of factual innocence to United States officials;

(B) information exists that the individual is detained solely or substantially because he or she is a citizen or national of the United States;

(C) information exists that the individual is being detained in violation of internationally protected rights and freedoms, such as freedom of expression, association, assembly, and religion;

(D) the individual is being detained in violation of the laws of the detaining country;

(E) independent nongovernmental organizations or journalists have raised legitimate questions about the innocence of the detained individual;

(F) the United States embassy in the country where the individual is detained has received credible reports that the detention is a pretext;

(G) police reports show evidence of the lack of a credible investigation;

(H) the individual is detained in a country where the Department of State has determined in its annual human rights reports that the judicial system is not independent or impartial, is susceptible to corruption, or is incapable of rendering just verdicts;

(I) the individual is detained in inhumane conditions; and

(J) the international right to due process of law has been sufficiently impaired so as to render the detention arbitrary.

(c) Violations.—The President may not transfer a vessel under this section unless the Government of Egypt agrees that if any of the conditions described in subsection (b) are violated after the transfer of the vessel, the Government of Egypt will re-transfer the vessel to the United States at the sole cost to the Government of Egypt, without using United States funds, including United States foreign military assistance funds.

(d) Grants not counted in annual total of transferred excess defense articles.—The value of a vessel transferred to the Government of Egypt under this section 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).

(e) Costs of transfers.—Any expense incurred by the United States in connection with the transfer of a vessel under this section shall be charged to the Government of Egypt notwithstanding section 516(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)).

(f) Repair and refurbishment in United States shipyards.—To the maximum extent practicable, the President shall require, as a condition of the transfer of a vessel under this section, that the Government of Egypt have such repair or refurbishment of the vessel as is needed, before the vessel joins the naval forces of Egypt, performed at a shipyard located in the United States, including a United States Navy shipyard.

(g) Expiration of authority.—The authority to transfer a vessel under this section shall expire at the end of the three-year period beginning on the date of the enactment of this Act.

(h) Required report.—

(1) IN GENERAL.—Not later than 60 days before the transfer of a vessel under this section, the President shall submit to the appropriate congressional committees a report describing the following:

(A) The specific operational activities and objectives intended for the vessel upon receipt by the Government of Egypt.

(B) A detailed description of how the transfer of the vessel will help to alleviate United States mission requirements in the Bab el Mandeb and the Red Sea.

(C) A detailed description of how the transfer of the vessel will complement Combined Maritime Forces (CMF) mission goals and activities, including those of Combined Task Forces 150, 151, 152, and 153.

(D) A detailed description of incidents of arbitrary detention, violence, and state-sanctioned harassment in the past 5 years by the Government of Egypt against United States citizens, individuals in the United States, and their family members who are not United States citizens, in both Egypt and in the United States, and a determination of whether such incidents constitute a pattern of acts of intimidation or harassment.

(E) A description of policy efforts to ensure that United States security assistance programs with Egypt are formulated in a manner that will ‘‘avoid identification of the United States, through such programs, with governments which deny to their people internationally recognized human rights and fundamental freedoms’’ in accordance with section 502B of the Foreign Assistance Act of 1961 (22 U.S.C. 2304).

(2) FORM.—The report required by this subsection shall be provided in unclassified form, but may include a separate classified annex.

(i) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and

(2) the Committee on Foreign Relations and the Committee on Armed Services of the Senate.

SEC. 1350. Sense of Congress on Azerbaijan’s illegal detention of Armenian prisoners of war.

It is the sense of Congress that—

(1) Azerbaijan must immediately and unconditionally return all Armenian prisoners of war and captured civilians; and

(2) the Biden Administration should engage at all levels with Azerbaijani authorities, including through the Organization for Security and Co-operation in Europe Minsk Group process, to make clear the importance of adhering to their obligations, under the November 9 statement and international law, to immediately release all prisoners of war and captured civilians.

SEC. 1351. United States-India Defense Partnership.

(a) Strong United States-India Defense Partnership.—It is the sense of Congress that—

(1) a strong United States-India defense partnership, rooted in shared democratic values, is critical in order to advance United States interests in the Indo-Pacific region; and

(2) this partnership between the world’s oldest and largest democracies is critical and must continue to be strengthened in response to increasing threats in the Indo-Pacific regions, sending an unequivocal signal that sovereignty and international law must be respected.

(b) United States-India Initiative on Critical and Emerging Technologies (iCET).—The Congress finds that the United States-India Initiative on Critical and Emerging Technologies (iCET) is a welcome and essential step to developing closer partnerships between governments, academia, and industry in the United States and India to address the latest advances in artificial intelligence, quantum computing, biotechnology, aerospace, and semiconductor manufacturing. Such collaborations between engineers and computer scientists are vital to help ensure that the United States and India, as well as other democracies around the world, foster innovation and facilitate technological advances which continue to far outpace Russian and Chinese technology.

(1) India faces immediate and serious regional border threats from China, with continued military aggression by the Government of China along the India-China border,

(2) India relies on Russian-built weapons for its national defense, and

(3) the United States should take additional steps to encourage India to accelerate India’s transition off Russian-built weapons and defense systems while strongly supporting India’s immediate defense needs.

(d) Waiver of CAATSA sanctions in best interests of United States and the United States-India Defense Partnership.—While India faces immediate needs to maintain its heavily Russian-built weapons systems, a waiver to sanctions under the Countering America’s Adversaries Through Sanctions Act during this transition period is in the best interests of the United States and the United States-India defense partnership to deter aggressors in light of Russia and China’s close partnership.

SEC. 1352. Briefing on Department of Defense Program to Protect United States Students Against Foreign Agents.

Not later than 240 days after the date of the enactment of this Act, the Secretary of Defense shall provide a briefing to the congressional defense committees 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.

SEC. 1353. Report on efforts to combat Boko Haram in Nigeria and the Lake Chad Basin.

(a) Statement of Congress.—Congress—

(1) strongly condemns the ongoing violence and the systematic gross human rights violations against the people of Nigeria and the Lake Chad Basin carried out by Boko Haram;

(2) expresses its support for the people of Nigeria and the Lake Chad Basin who wish to live in a peaceful, economically prosperous, and democratic region; and

(3) calls on the President to support Nigerian, Lake Chad Basin, and international community efforts to ensure accountability for crimes against humanity committed by Boko Haram against the people of Nigeria and the Lake Chad Basin, particularly the young girls kidnapped from Chibok and other internally displaced persons affected by the actions of Boko Haram.

(b) Report.—

(1) 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 Attorney General, shall submit to the congressional defense committees, the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives, and the Committee on Foreign Relations and the Committee on the Judiciary of the Senate a report on efforts to combat Boko Haram in Nigeria and the Lake Chad Basin.

(2) ELEMENTS.—The report required under paragraph (1) shall include the following elements:

(A) A description of initiatives undertaken by the Department of State and the Department of Defense to assist the Government of Nigeria and countries in the Lake Chad Basin to combat Boko Haram.

(B) A description of United States activities to enhance the capacity of Nigeria and countries in the Lake Chad Basin to investigate and prosecute human rights violations perpetrated against the people of Nigeria and the Lake Chad Basin by Boko Haram, al-Qaeda affiliates, and other terrorist organizations, in order to promote respect for rule of law in Nigeria and the Lake Chad Basin.

SEC. 1354. Chief of mission concurrence.

The Secretary of Defense, in coordination with the Secretary of State, shall submit to the Committees on Armed Services of the House of Representatives and the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report outlining the process by which chief of mission concurrence is obtained for Department of Defense clandestine activities under section 127(f) of title 10, United States Code.

SEC. 1355. GAO study on Department of Defense support for other departments and agencies of the United States Government that advance Department of Defense security cooperation objectives.

(a) In general.—The Comptroller General of the United States shall conduct a study on the use and implementation of the authority of section 385 of title 10, United States Code, relating to Department of Defense support for other departments and agencies of the United States Government that advance Department of Defense security cooperation objectives.

(b) Matters to be included.—The study required by subsection (a) shall include the following:

(1) A review of the use and implementation of the authority of section 385 of title 10, United States Code, and congressional intent of such authority.

(2) An identification of the number of times such authority has been used.

(3) An identification of the challenges associated with the use of such authority.

(4) A description of reasons for lack of the use of such authority, if any.

(5) An identification of potential legislative actions for Congress to address with respect to such authority.

(6) An identification of potential executive actions for the Department of Defense to address with respect to such authority.

(1) IN GENERAL.—The Comptroller General shall submit to the appropriate congressional committees a report that contains the results of the study required by subsection (a).

(2) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this subsection, the term “appropriate congressional committees” means—

(A) congressional defense committees; and

(B) the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.

SEC. 1356. Feasibility study and report relating to Somaliland.

(a) Feasibility study.—The Secretary of State, in consultation with the Secretary of Defense, shall conduct a feasibility study that—

(1) includes consultation with Somaliland security organs;

(2) determines opportunities for collaboration in the pursuit of United States national security interests in the Horn of Africa, the Gulf of Aden, and the broader Indo-Pacific region;

(3) identifies the practicability of improving the professionalization and capacity of Somaliland security sector actors; and

(4) identifies the most effective way to conduct and carry out programs, transactions, and other relations in the City of Hargeisa on behalf of the United States Government.

(b) Report.—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 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 subsection (a), including an assessment of the extent to which—

(1) opportunities exist for the United States to support the training of Somaliland’s security sector actors with a specific focus on counterterrorism and border and maritime security;

(2) Somaliland’s security forces were implicated, if any, in gross violations of human rights during the 3-year period immediately preceding the date of the enactment of this Act;

(3) the United States has provided or discussed with officials of Somaliland the provision of training to security forces, including—

(A) where such training has occurred;

(B) the extent to which Somaliland security forces have demonstrated the ability to absorb previous training; and

(4) a United States diplomatic and security engagement partnership with Somaliland would have a strategic impact, including by protecting the United States and allied maritime interests in the Bab-el-Mandeb Strait and at Somaliland’s Port of Berbera;

(5) Somaliland could—

(A) serve as a maritime gateway in East Africa for the United States and its allies; and

(B) counter Iran’s presence in the Gulf of Aden and China’s growing regional military presence;

(6) a United States security and defense partnership could—

(A) bolster cooperation between Somaliland and Taiwan;

(B) stabilize this semi-autonomous region of Somalia further as a democratic counterweight to anti-democratic forces in the greater Horn of Africa region; and

(C) impact the capacity of the United States to achieve policy objectives in Somalia, particularly to degrade and ultimately defeat the terrorist threat posed by Al-Shabaab, the Islamic State in Somalia (the Somalia-based Islamic State affiliate), and other terrorist groups operating in Somalia; and

(7) the extent to which an improved relationship with Somaliland could—

(A) support United States policy focused on the Red Sea corridor, the Indo-Pacific region, and the Horn of Africa;

(B) improve cooperation on counterterrorism and intelligence sharing;

(C) enable cooperation on counter-trafficking, including the trafficking of humans, wildlife, weapons, and illicit goods; and

(D) support trade and development, including how Somaliland could benefit from Prosper Africa and other regional trade initiatives.

(c) Appropriate congressional committees defined.—In subsection (b), the term “appropriate congressional committees” means—

(1) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and

(2) the Committee on Foreign Relations and the Committee on Armed Services of the Senate.

SEC. 1357. Repeal of joint resolution to promote peace and stability in the Middle East.

Effective on the date that is 90 days after the date of the enactment of this Act, the joint resolution entitled “A joint resolution to promote peace and stability in the Middle East” (Public Law 85–7; 22 U.S.C. 1961 et seq.) is hereby repealed.

SEC. 1358. Sense of Congress regarding the inclusion of sunset provisions in authorizations for use of military force.

(a) Findings.—Congress makes the following findings:

(1) Article 1, Section 8, of the Constitution provides Congress with the sole authority to “declare war”.

(2) Legal experts who have served in both Democratic and Republic administrations recommend the inclusion of a sunset clause or reauthorization requirement in authorizations for use of military force to ensure that Congress fulfills its constitutional duty to debate and vote on whether to send United States servicemembers into war.

(3) Sunset provisions have been included in 29 percent of prior authorizations for use of military force and declarations of war.

(b) Sense of Congress.—It is the sense of Congress that—

(1) the inclusion of a sunset provision or reauthorization requirement in authorizations for use of military force is critical to ensuring Congress’s exercise of its constitutional duty to declare war; and

(2) any joint resolution enacted to authorize the introduction of United States forces into hostilities or into situations where there is a serious risk of hostilities should include a sunset provision setting forth a date certain for the termination of the authorization for the use of such forces absent the enactment of a subsequent specific statutory authorization for such use of the United States forces.

SEC. 1359. Report on Mexico.

(a) In General.—Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report that includes the following:

(1) A description of past and current bilateral security cooperation with Mexico, including through Northcom, the Department of Homeland Security, and the Department of Justice (including the Drug Enforcement Administration), including over the preceding 10 years.

(2) A description of the benefits of partnerships with Mexican security forces in enforcing judicial process for violent crimes and cartels along the southern border.

(3) A description of increasing cartel control over Mexican territory and its impacts on national security.

(4) A description of deteriorating role of electoral and democratic institutions, including 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.

(1) the congressional defense committees;

(2) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and

(3) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives.

SEC. 1360. Unpaid Peruvian agrarian reform bonds.

To ensure the retirement security of over 5,000,000 United States pensioners across the Nation, Congress urges the Secretary of State to take action concerning unpaid Peruvian agrarian reform bonds by encouraging the Peruvian Government to negotiate in good faith with United States pension funds and bondholders regarding payment of the agrarian reform bonds.

SEC. 1361. 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, the Secretary of State, in consultation with the Secretary of Commerce and the Director of National Intelligence as appropriate, shall submit to the appropriate congressional committees a report on whether and how the People’s Republic of China, including 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 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 People’s Republic of China support 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 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 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.

(1) IN GENERAL.—The report required by subsection (a) shall be submitted in unclassified form and published on the Department of State’s publicly available website.

(2) EXCEPTION.—If the Secretary, in consultation with the Director of National Intelligence, certifies to the appropriate congressional committees that the Secretary is unable to include an element required under paragraphs (1) through (7) of subsection (b) in an unclassified manner, the Secretary shall provide in unclassified form an affirmative or negative determination for each element required under subsections (b)(1)-(7) whether the People’s Republic of China is supporting the Russian Federation in that manner and concurrently provide the discussion of that element to the committees at the lowest possible classification level, consistent with the protection of sources and methods.

(d) Sunset.—The requirement to submit the report required by subsection (a) shall terminate on the earlier of—

(1) the date on which the Secretary of State determines the conflict in Ukraine has ended; or

(2) the date that is 2 years after the date of the enactment of this Act.

(e) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) the congressional defense committees;

(2) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and

(3) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Select Committee on Intelligence of the Senate.

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.

SEC. 1411. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois.

(a) Authority for transfer of funds.—Of the funds authorized to be appropriated for section 1405 and available for the Defense Health Program for operation and maintenance, $168,000,000 may be transferred by the Secretary of Defense to the Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571). For purposes of subsection (a)(2) of such section 1704, any funds so transferred shall be treated as amounts authorized and appropriated specifically for the purpose of such a transfer.

(b) Use of transferred funds.—For the purposes of subsection (b) of such section 1704, facility operations for which funds transferred under subsection (a) may be used are operations of the Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4500).

SEC. 1412. 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.

SEC. 1413. Study and pilot program on semiconductors and the National Defense Stockpile.

(a) Study required.—

(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall—

(A) conduct a study on the strategic materials required by the Department of Defense to execute the operational plans of the Department in a conflict with a strategic competitor lasting not less than six months; and

(B) submit to the congressional defense committees a report on such study.

(2) ELEMENTS.—The report required under paragraph (1) shall include the following:

(A) A description of the specific number and type of semiconductors for key systems and munitions, delineated by technical specifications, performance requirements, and end-use applications, that the Department of Defense requires to execute and sustain the operational plans of the Department during a conflict with a strategic competitor in the Indo-Pacific for not less than six months.

(B) A description of any supply chain vulnerabilities or choke points, including from sole sources of supply or geographic proximity to strategic competitors, involving the critical minerals and strategic raw materials (including chemicals) required to produce the semiconductors described in subparagraph (A).

(C) A description of any supply chain vulnerabilities or choke points, including from sole sources, geographic proximity to strategic competitors, or legacy technology, involving the manufacturing equipment required for each step in the manufacturing process from the raw materials described in subparagraph (B) to the finished and operational semiconductor chip described in subparagraph (A), and an identification of potential secure sources of supply or manufacturing involving the United States, allied, or partner nations.

(D) An analysis of the ability of the Department of Defense and private industry, as appropriate, to procure the semiconductors described in subparagraph (A) and mitigate the vulnerabilities identified in subparagraphs (B) and (C), during a conflict with a strategic competitor in the Indo-Pacific lasting not less than six months, along with associated recommendations, any additional necessary authorities to carry out such recommendations, and the cost of each recommendation.

(E) A feasibility assessment, expected cost, and recommendations for acquiring strategic materials for the National Defense Stockpile.

(F) A description of options to finance the cost of the recommendations described in subparagraph (D).

(G) The anticipated annual cost, through fiscal year 2028, of a pilot program to acquire for the National Defense Stockpile the highest priority strategic materials.

(b) Pilot program.—

(1) ESTABLISHMENT.—Upon the submission of the report under subsection (a), the Secretary of Defense shall carry out a pilot program to, subject to the availability of appropriations, acquire for the National Defense Stockpile the highest priority strategic materials identified in such report.

(2) REPORT.—Not later than 1 year after the establishment of the pilot program described in this subsection, and annually thereafter until the date described in paragraph (3), the Secretary of Defense shall submit to the congressional defense committees a report on the status and effects of the pilot program.

(3) TERMINATION.—The pilot program established under this subsection shall terminate on September 30, 2028.

(1) semiconductors described in subsection (a)(2)(A);

(2) critical minerals and strategic raw materials described in subsection (a)(2)(B); and

(3) manufacturing equipment described in paragraph (2)(C).

SEC. 1414. Restoring essential energy and security holdings onshore for rare earths.

(a) Acquisition authority.—Of the funds authorized to be appropriated for the National Defense Stockpile Transaction Fund by section 4501, the National Defense Stockpile Manager may use up to $253,500,000 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) Scandium.

(b) Compliance with Strategic and Critical Materials Stock Piling Act.—Any acquisition using funds appropriated pursuant to this section 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.).

(1) REQUIREMENT.—Beginning on the date that is 30 months after the date of the enactment of this Act, the Secretary of Defense shall require that any contractor that provides to the Department of Defense a system with a permanent magnet that contains rare earth elements or covered critical minerals to disclose in a classified form, along with delivery of the system, the provenance of the magnet.

(2) ELEMENTS.—A disclosure under paragraph (1) shall include an identification of the country or countries in which—

(A) any rare earth elements and covered critical minerals used in the magnet were mined;

(B) such elements and minerals were refined into oxides;

(D) the magnet was sintered or bonded and magnetized.

(3) IMPLEMENTATION OF SUPPLY CHAIN TRACKING SYSTEM.—If a contractor cannot make the disclosure required by paragraph (1) with respect to a system described in that paragraph, the Secretary shall require the contractor to establish and implement a supply chain tracking system in order to make the disclosure not later than 180 days after providing the system to the Department of Defense.

(4) WAIVERS.—

(A) IN GENERAL.—The Secretary may waive a requirement under paragraph (1) or (3) with respect to a system described in paragraph (1) for a period of not more than 180 days if the Secretary certifies to the appropriate congressional committees 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) the contractor cannot currently make the disclosure required by paragraph (1) but is making significant efforts to comply with the requirements of that paragraph.

(B) WAIVER RENEWALS.—The Secretary—

(i) may renew a waiver under subparagraph (A)(i) as many times as the Secretary considers appropriate; and

(ii) may not renew a waiver under subparagraph (A)(ii) more than twice.

(5) BRIEFING REQUIRED.—Not later than 30 days after the submission of each report required by subsection (e)(3), the Secretary of Defense shall provide to the appropriate congressional committees a briefing that includes—

(A) a summary of the disclosures made under this subsection;

(B) 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 covered critical minerals;

(C) 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 covered critical minerals; and

(D) any suggestions for legislation or funding that would mitigate security gaps in such supply chains.

(d) 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 (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, or any Non-SDN Chinese military-industrial complex 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 rare earth elements or covered critical minerals.

“(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.”;

(4) in subsection (e)—

(A) by striking paragraph (3);

(B) by redesignating paragraphs (1) and (2) as paragraphs (3) and (6), respectively;

“(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.”; and

(D) by inserting after paragraph (3), as so redesignated, the following:

“(4) The term ‘covered critical mineral’ means—

“(A) antimony;

“(B) beryllium;

“(C) cobalt;

“(D) graphite;

“(E) lithium;

“(F) manganese;

“(G) nickel;

“(H) tantalum;

“(I) tungsten; or

“(J) vanadium.

“(5) 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

(5) by adding at the end the following:

“(7) 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 Restoring Essential Energy and Security Holdings Onshore for Rare Earths Act of 2022; and

“(B) maintained by the Office of Foreign Assets Control of the Department of the Treasury.

“(8) The term ‘rare earth element’ means—

“(A) cerium;

“(B) dysprosium;

“(C) erbium;

“(D) europium;

“(E) gadolinium;

“(F) holmium;

“(G) lanthanum;

“(H) lutetium;

“(I) neodymium;

“(J) praseodymium;

“(K) promethium;

“(L) samarium;

“(M) scandium;

“(N) terbium;

“(O) thulium;

“(P) ytterbium; or

“(Q) yttrium.”.

(e) Review of compliance with contracting requirements.—

(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, and periodically thereafter until the termination date specified in paragraph (5), the Comptroller General of the United States shall assess the extent of the efforts of the Department of Defense to comply with the requirements of—

(A) subsection (c);

(B) section 1211 of the National Defense Authorization Act for Fiscal Year 2006, as amended by subsection (d) of this section; and

(2) BRIEFING REQUIRED.—The Comptroller General shall periodically, until the termination date specified in paragraph (5), provide to the appropriate congressional committees a briefing on the results of the assessments conducted under paragraph (1) that includes an assessment of—

(A) 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

(B) the efforts of the Department of Defense to assess the compliance of contractors with such clauses.

(3) REPORT REQUIRED.—The Comptroller General shall, not less frequently than every 2 years until the termination date specified in paragraph (5), submit to the appropriate congressional committees a report on the results of the assessments conducted under paragraph (1) that includes an assessment of—

(A) 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

(B) the efforts of the Department of Defense to assess the compliance of contractors with such clauses.

(4) REFERRAL.—If, in conducting an assessment under paragraph (1), the Comptroller General determines that a contractor has failed to comply with any of the requirements described in subparagraphs (A), (B), and (C) of paragraph (1), the relevant Inspectors General, or other enforcement agencies, as appropriate, for further examination and possible enforcement actions.

(5) TERMINATION.—The requirements of this subsection shall terminate on the date that is 10 years after the date of the enactment of this Act.

(f) Definitions.—In this section, the terms “covered critical minerals” and “rare earth element” have the meanings given to such terms in section 1211 of the National Defense Authorization Act for Fiscal Year 2006 (10 U.S.C. 4651 note prec.).

SEC. 1415. Report on feasibility of increasing quantities of rare earth permanent magnets in National Defense Stockpile.

(a) Statement of policy.—It is the policy of the United States to build a stockpile of rare earth permanent magnets to meet requirements for Department of Defense programs and systems while reducing dependence on foreign countries for such magnets.

(b) Report.—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 feasibility of increasing the quantity of rare earth permanent magnets in the National Defense Stockpile to support United States defense requirements.

(1) An assessment of the extent to which the existing National Defense Stockpile inventory would guarantee supply of rare earth permanent magnets to major defense acquisition programs included in the future years defense program.

(2) A description of the assumptions underlying the quantities of rare earth permanent magnet block identified for potential acquisition in the most recent National Defense Stockpile Annual Operations and Planning Report.

(3) An evaluation of factors that would affect shortfall estimates with respect to rare earth magnet block in the National Defense Stockpile inventory.

(4) A description of the impact on and requirements for domestic industry stakeholders, including Department of Defense contractors.

(5) An analysis of challenges related to the domestic manufacturing of rare earth permanent magnets.

(6) An assessment of the extent to which Department of Defense programs and systems rely on rare earth permanent magnets manufactured by an entity under the jurisdiction of a covered strategic competitor.

(7) Identification of additional funding, authorities, and policies necessary to advance the policy described in subsection (a).

(d) Form.—The report required by subsection (b) shall be submitted in unclassified form, but may include a classified annex.

(e) Definitions.—In this section:

(1) The term “congressional defense committees” means the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives.

(2) The term “covered strategic competitor” means a near-peer country identified by the Secretary of Defense and National Defense Strategy.

SEC. 1416. Study on stockpiling energy storage components.

Not later than 360 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a study on the viability of establishing a stockpile of the materials required to manufacture batteries, battery cells, and other energy storage components to meet national security requirements in the event of a national emergency (as defined in section 12 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h–3)).

SEC. 1421. Authority to acquire materials for National Defense Stockpile to address shortfalls.

(a) Modification of acquisition authority.—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) 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”;

(B) in paragraph (2), by striking “any such transaction” and inserting “any transaction”; and

“(3) From amounts appropriated after the date of the enactment of this paragraph, 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) Clarification that stockpile may not be used for budgetary purposes.—Section 2(c) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98a(c)) is amended by striking “is not to be used” and inserting “shall not be used”.

(c) Annual briefings.—Section 11 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h–2) is amended by adding at the end the following:

“(c) (1) Not later than 30 days after submitting a report required by subsection (a), the National Defense Stockpile Manager shall brief the committees specified in paragraph (2) on the state of the stockpile and the acquisitions intended to be made within the next fiscal year.

“(2) The committees specified in this paragraph are—

“(A) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Energy and Natural Resources, the Committee on Commerce, Science, and Transportation, and the Select Committee on Intelligence of the Senate; and

“(B) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Natural Resources, the Committee on Energy and Commerce, and the Permanent Select Committee on Intelligence of the House of Representatives.”.

SEC. 1422. Report on modifications to the national technology and industrial base.

(a) In general.—Not later than December 1, 2023, the Secretary of Defense shall submit to the congressional defense committees, the Committee on Financial Services of the House of Representatives, the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on the benefits and risks of potential legislative proposals to increase the availability of strategic and critical materials that are, as of the date of the enactment of this Act, sourced primarily from the People’s Republic of China or the Russian Federation.

(b) Elements.—The report required by subsection (a) shall include an assessment of the following:

(1) The implications of modifying the term “domestic source” for purposes of the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) to “domestic and allied source” and including in the definition of such term business concerns in other countries, including, but not limited to, Canada, the United Kingdom, and Australia.

(2) The benefits of facilitating more effective integration of the national technology and industrial base with the technology and industrial bases of countries that are allies or partners of the United States with respect to technology transfer, socioeconomic procurement requirements, and export controls.

(d) Definitions.—In this section:

(1) NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.—The term “national technology and industrial base” has the meaning given that term in section 4801 of title 10, United States Code.

(2) STRATEGIC AND CRITICAL MATERIALS.—The term “strategic and critical materials” has the meaning given that term in section 12 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h–3).

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 new paragraph:

“(4) BUDGET CERTIFICATION.—Not later than January 31 of the year preceding each fiscal year for which a budget is proposed, the Principal Cyber Advisor shall certify to the Secretary of Defense and the congressional defense committees the adequacy of the portions of that budget regarding cyberspace activities not covered by the review of the Chief Information Officer under section 142(b)(2) of this title.”.

(b) Codification of Principal Cyber Advisors.—

(1) TITLE 10.—Chapter 19 of title 10, United States Code, is amended by inserting after section 392 the following new section (and conforming the table of sections at the beginning of such chapter accordingly):

“§ 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); and

(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 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 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)).

(1) TITLE 10.—Section 167b(d)(2)(A) of title 10, United States Code, is amended by inserting “to the Secretary of Defense under section 392a(a) of this title” after “Principal Cyber Advisor”.

(2) FY22 NDAA.—Section 1528(e)(2) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 2224 note) is amended by striking “section 1657(d) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 391 note)” and inserting “section 392a(c)(4) of title 10, United States Code”.

(3) FY17 NDAA.—Section 1643(b) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2224 note) is amended by striking “The Principal Cyber Advisor, acting through the cross-functional team established by section 932(c)(3) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 2224 note)” and inserting “The Principal Cyber Advisor to the Secretary of Defense, acting through the cross-functional team under section 392a(a)(3) of title 10, United States Code,”.

SEC. 1502. Modification of office of primary responsibility for strategic cybersecurity program.

Paragraph (2) of section 1640(c) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2224 note) is amended to read as follows:

“(2) OFFICE OF PRIMARY RESPONSIBILITY.—Not later than 30 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2023, the Secretary of Defense shall designate a principal staff assistant from within the Office of the Secretary of Defense whose office shall serve as the office of primary responsibility for the Program, providing policy, direction, and oversight regarding the execution of the responsibilities of the program manager described in paragraph (5).”.

SEC. 1503. Establishment of cyber operations designator and rating for the Navy.

(a) Military career designator.—

(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 and use a cyber warfare operations designator for officers and warrant officers, 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 and use a cyber warfare rating for enlisted personnel, which shall be a separate rating from the cryptologic technician enlisted rating.

(b) Prohibition.—

(1) IN GENERAL.—Beginning June 1, 2024, the Secretary may not assign a member of the Navy to a billet within the core work roles at teams or components within the cyber mission force if such member—

(A) has a designator of cryptologic warfare, intelligence, or information professional; or

(B) has a rating of cryptologic technician, intelligence specialist, or information systems technician.

(2) EXCEPTION.—The prohibition in paragraph (1) shall not apply with respect to a member of the Navy who is assigned to a billet described in such paragraph under orders issued before June 1, 2024.

(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 Senate a report certifying whether the following actions have been carried out (including detailed explanations):

(1) The Secretary establishing cyberspace operations as a military discipline that is a community separate from the information warfare community.

(2) The Chief of Naval Operations identifying who in the Office of the Chief of Naval Operations will serve as the resource manager and who will be responsible for staffing and training with respect to the designator and rating established under subsection (a).

(3) The Secretary establishing a training pipeline for the designator and rating established under subsection (a) that is aligned with the requirements and standards established by the Commander of the United States Cyber Command.

(4) The Secretary establishing a funding profile detailing with requisite investments toward the training requirements, requisite courses, and costs associated with the designator and rating established under subsection (a) for the period covered by the most recent future-years defense program submitted to Congress under section 221 of title 10, United States Code.

(5) The Secretary establishing an inventory of all flag officer positions with direct leadership or executive direction over the designator and rating established under subsection (a), including with respect to—

(A) the United States Cyber Command;

(B) the Fleet Cyber Command;

(D) 10th Fleet;

(E) The Deputy Chief of Naval Operations for Information Warfare and the Director of Naval Intelligence; and

(F) Naval Information Forces.

(6) The Secretary establishing an implementation plan, including timelines and procedures, for filling the positions within the cyber mission force for which the Secretary is responsible.

(7) Any anticipated changes to the end-strength of the Navy by reason of establishing the designator and rating under subsection (a).

(d) Determination by Cyber Command.—Not later than 60 days after the date on which the Secretary submits the report under subsection (c), the Commander of 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. 1504. Cyber threat information collaboration environment program.

(a) Program.—Not later than 120 days after the date of the enactment of this Act, pursuant to the requirements established by the Cyber Threat Data Interoperability Council under subsection (c), the Secretary of Homeland Security, acting through the Director of the Cybersecurity and Infrastructure Security Agency, in consultation with the Director of the National Security Agency, shall develop an information collaboration environment consisting of a digital environment containing technical tools for information analytics and a portal through which relevant parties may submit and automate information inputs and access the environment to enable interoperable data flow that enables Federal and non-Federal entities to identify, mitigate, and prevent malicious cyber activity by—

(1) providing access to appropriate and operationally relevant data from unclassified and classified information about cybersecurity risks and cybersecurity threats, as well as malware forensics and data from network sensor programs or network-monitoring programs, on a platform that enables querying and analysis;

(2) enabling cross-correlation of data on cybersecurity risks and cybersecurity threats at the speed and scale necessary for rapid detection and identification;

(3) facilitating a comprehensive understanding of cybersecurity risks and cybersecurity threats; and

(4) facilitating collaborative analysis between the Federal Government and public and private sector critical infrastructure entities and information sharing and analysis organizations.

(b) Implementation of information collaboration environment.—

(1) EVALUATION.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Director of the Cybersecurity and Infrastructure Security Agency, in coordination with other departments and agencies of the Federal Government, shall—

(A) identify existing Federal sources of classified and unclassified information on cybersecurity threats;

(B) evaluate current programs, applications, or platforms intended to detect, identify, analyze, and monitor cybersecurity risks and cybersecurity threats;

(C) consult with public and private sector critical infrastructure entities to identify public and private critical infrastructure cyber threat capabilities, needs, and gaps; and

(D) identify existing tools, capabilities, and systems that may be adapted to achieve the purposes of the information collaboration environment developed pursuant to subsection (a) to maximize return on investment and minimize cost.

(2) IMPLEMENTATION.—

(A) IN GENERAL.—Not later than one year after completing the evaluation required under paragraph (1), the Secretary of Homeland Security, acting through the Director of the Cybersecurity and Infrastructure Security Agency, in consultation with the Director of the National Security Agency, shall achieve initial operating capability of the information collaboration environment developed pursuant to subsection (a).

(B) REQUIREMENTS.—The information collaboration environment and the technical tools for information analytics under subsection (a) shall—

(i) operate in a manner consistent with relevant privacy, civil rights, and civil liberties policies and protections, including such policies and protections established pursuant to section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485);

(ii) reflect the requirements set forth by the Cyber Threat Data Interoperability Council under subsection (c);

(iii) enable integration of current applications, platforms, data, and information, including classified information, in a manner that supports the voluntary integration of unclassified and classified information on cybersecurity risks and cybersecurity threats;

(iv) incorporate tools to manage access to classified and unclassified data, as appropriate, for appropriate individuals who have the security clearance necessary to access the highest level of classified data included in the environment;

(v) ensure accessibility by Federal entities that the Secretary of Homeland Security, in consultation with the Director of National Intelligence, the Attorney General, the Secretary of Defense, and the Director of the Office of Management and Budget, determines appropriate;

(vi) allow for access by public and private sector critical infrastructure entities and other private sector partners, at the discretion of the Secretary of Homeland Security and after consulting the appropriate Sector Risk Management Agency;

(vii) deploy analytic tools across classification levels to leverage all relevant data sets, as appropriate;

(viii) identify tools and analytical software that can be applied and shared to manipulate, transform, and display data and other identified needs; and

(ix) anticipate the integration of new technologies and data streams, including data from network sensor programs or network-monitoring programs deployed in support of non-Federal entities.

(C) ACCESS CONTROLS.—The owner of any data shared in the information collaboration environment shall have the authority to set and maintain access controls for such data and may restrict access to any particular data asset for any purpose, including for the purpose of protecting intelligence sources and methods from unauthorized disclosure in accordance with section 102A(i) of the National Security Act (50 U.S.C. 3024(i)).

(3) ANNUAL REPORT REQUIREMENT ON THE IMPLEMENTATION, EXECUTION, AND EFFECTIVENESS OF THE PROGRAM.—

(A) REQUIREMENT.—Not later than one year after the date of the enactment of this Act and annually thereafter, the Secretary of Homeland Security shall submit to the National Cyber Director and appropriate congressional committees a report that details—

(i) Federal Government participation in the information collaboration environment, including the Federal entities participating in the environment and the categories of information shared by Federal entities into the environment;

(ii) non-Federal entities’ participation in the information collaboration environment, including the non-Federal entities participating in the environment and the categories of information shared by non-Federal entities into the environment;

(iii) the impact of the information collaboration environment on positive security outcomes for the Federal Government and non-Federal entities;

(iv) barriers identified to fully realizing the benefit of the information collaboration environment for both the Federal Government and non-Federal entities;

(v) additional authorities or resources necessary to successfully execute the information collaboration environment; and

(vi) identified shortcomings or risks to data security and privacy, and the steps necessary to improve the mitigation of such shortcomings or risks.

(B) FORM.—Each report under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.

(4) COLLABORATION BY NSA.—Any actions taken by the Director of the National Security Agency to assist in building or maintaining the information collaboration environment developed pursuant to subsection (a)—

(A) shall be carried out using amounts authorized to be appropriated to the National Security Agency for the Information Systems Security program; and

(B) may not be carried out using amounts made available under the National Intelligence Program.

(1) ESTABLISHMENT.—There is established an interagency council, to be known as the “Cyber Threat Data Interoperability Council” (in this subsection referred to as the “council”), chaired by the National Cyber Director, to establish data interoperability requirements for data streams to be accessed in the information collaboration environment.

(2) ESTABLISHMENT DATE.—The council shall commence the activities under this subsection by not later than 120 days after the date of the enactment of this Act.

(3) MEMBERSHIP.—

(A) PRINCIPAL MEMBERS.—In addition to the National Cyber Director, the council shall have as its principal members the Secretary of Homeland Security, the Director of National Intelligence, the Attorney General, the Secretary of Defense, and the Director of the Office of Management and Budget.

(B) ADDITIONAL FEDERAL MEMBERS.—Based on recommendations submitted by the principal members, the National Cyber Director shall identify and appoint council members from Federal entities that oversee programs that generate, collect, disseminate, or analyze data or information related to cybersecurity risks and cybersecurity threats.

(C) ADVISORY MEMBERS.—The National Cyber Director shall identify and appoint advisory members from non-Federal entities that shall advise the council based on recommendations submitted by the principal members.

(4) DATA STREAMS.—The council shall identify, designate, and periodically update programs that shall participate in or be interoperable with the information collaboration environment, which may include—

(A) network-monitoring and intrusion detection programs;

(B) cyber threat indicator sharing programs;

(D) incident response and cybersecurity technical assistance programs; or

(E) malware forensics and reverse-engineering programs.

(5) DATA PRIVACY.—

(A) REQUIREMENT.—The council shall establish a committee to establish procedures and data governance structures, as necessary, to protect data shared in the information collaboration environment, comply with Federal regulations and statutes, and respect existing consent agreements with public and private sector critical infrastructure entities that apply to critical infrastructure information.

(B) MEMBERSHIP.—The committee shall be comprised of—

(i) the senior official for privacy of the Office of Management and Budget, who shall serve as the chair of the committee; and

(ii) privacy officers from the Department of Homeland Security, the Department of Defense, the Department of Justice, and the Office of the Director of National Intelligence.

(6) RULE OF CONSTRUCTION.—Nothing in this subsection may be construed as changing existing ownership or protection of, or policies and processes for access to, agency data.

(d) National security systems.—Nothing in this section shall apply to a national security system, or to cybersecurity threat intelligence related to such systems, without the consent of the owner and operator of the system.

(e) Definitions.—In this section:

(1) The term “appropriate congressional committees” means the following:

(A) The Committee on Homeland Security, the Committee on the Judiciary, the Committee on Armed Services, the Committee on Oversight and Reform, and the Permanent Select Committee on Intelligence of the House of Representatives.

(B) The Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate.

(2) The term “critical infrastructure information” has the meaning given such term in section 2222 of the Homeland Security Act of 2002 (6 U.S.C. 671).

(3) The term “cyber threat indicator” has the meaning given such term in section 102 of the Cybersecurity Act of 2015 (6 U.S.C. 1501).

(4) The term “cybersecurity threat” has the meaning given such term in section 102 of the Cybersecurity Act of 2015 (6 U.S.C. 1501).

(5) The term “data asset” has the meaning given such term in section 3502 of title 44, United States Code.

(6) The term “environment” means the information collaboration environment established under subsection (a).

(7) The term “information sharing and analysis organization” has the meaning given such term in section 2222 of the Homeland Security Act of 2002 (6 U.S.C. 671).

(8) The term “intelligence community” has the meaning given such term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).

(9) The term “national security system” has the meaning given such term in section 3552 of title 44, United States Code.

(10) The term “non-Federal entity” has the meaning given such term in section 102 of the Cybersecurity Act of 2015 (6 U.S.C. 1501).

(11) The term “Sector Risk Management Agency” has the meaning given such term in section 2201 of the Homeland Security Act of 2002 (6 U.S.C. 651).

SEC. 1505. Department of defense enterprise-wide procurement of cyber data products and services.

Section 1521 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 2224 note) is amended—

(1) in subsection (a)(5), by inserting “, including the use of artificial intelligence-based endpoint security that prevents cyber attacks and does not require constant internet connectivity to function,” after “services”; and

(2) in subsection (b), by inserting “, including by enhancing the security of the software supply chain of the Department” after “best interests of the Department”.

SEC. 1506. Cybersecurity of military standards for data.

(a) In general.—No later than 270 days after enactment of this act, the principal staff assistant designated with primary responsibility for the Strategic Cybersecurity Program of the Department of Defense pursuant to 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), as amended by section 1502 of this Act, shall conduct a comprehensive review of Military Standard 1553 (in this section referred to as “MIL–STD–1553”). At the discretion of the Secretary of Defense, the review required under this subsection may include reviews of additional serial data standards beyond MIL–STD–1553.

(b) Elements.—The review required under subsection (a) shall include the following elements:

(1) An identification of programs and weapon systems currently employing MIL–STD–1553 and other serial data standards, as appropriate, across the Department of Defense, the military departments, and components, with notations for any programs previously assessed by the Strategic Cybersecurity Program.

(2) An evaluation of, and inventory for, the vulnerabilities to MIL–STD–1553 and other serial data standards, as appropriate.

(3) An inventory of potential commercial- and Government-sourced mitigations and solutions, either in use or available to program offices.

(4) An assessment of potential changes to address identified vulnerabilities to MIL–STD–1553 and other serial data standards, as appropriate.

(c) Determination.—Based on the findings of the review required under subsection (a), the Secretary of Defense shall determine whether to revise or update MIL–STD–1553 and other serial data standards, as appropriate.

(d) Guidance.—Subsequent to the completion of the review required under subsection (a), the head of the Strategic Cybersecurity Program shall issue guidance across the Department for program managers involved in procuring weapon systems that use MIL–STD–1553 and other serial data standards, as appropriate. The guidance shall include information related to the potential threats to MIL–STD–1553, available mitigations and solutions, and technical resources for program managers to use in addressing issues with MIL–STD–1553 and other data serial standards, as appropriate.

(e) Compliance certification.—Subject to the findings for the review required under subsection (a), the senior official identified pursuant to section 1647(j) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92) for a military department and the service acquisition executive (as such term is defined in section 101(10) of title 10, United States Code) shall, if applicable, issue a certification that mitigations identified by the Strategic Cybersecurity Program for assessed weapons systems have been applied and corrected. Not later than one year after the date of the enactment of this Act, such senior official and the service acquisition executive shall submit to the congressional defense committees such assessment.

(f) Test and evaluation.—The Director of Operational Test and Evaluation may include evaluations of MIL–STD–1553 and other serial data standards, as appropriate, in reports required to be provided to the congressional defense committees pursuant to law.

(g) Report.—Not later than 45 days after completion of the review required under subsection (a), the head of the Strategic Cybersecurity Program shall submit to the congressional defense committees—

(1) a report on the review required under subsection (a); and

(2) a copy of the guidance required under subsection (d).

SEC. 1511. Military operations in information environment: authority and notifications.

(a) In general.—Chapter 19 of title 10, United States Code, is amended by inserting after section 397 the following new section (and conforming the table of contents at the beginning of such chapter accordingly):

“§ 398. Military operations in information environment: authority and notification requirements

“(d) Notification requirements.— (1) The Secretary of Defense shall promptly submit to the appropriate congressional committees notice in writing of any clandestine military operation in the information environment conducted under this title no later than 48 hours following such operation.

“(2) (A) The Secretary shall establish and submit to the appropriate congressional committees procedures for complying with the requirements of paragraph (1). The Secretary shall promptly notify the appropriate congressional committees in writing of any changes to such procedures at least 14 days prior to the adoption of any such changes.

“(B) The appropriate congressional committees shall ensure that committee procedures designed to protect from unauthorized disclosure classified information relating to national security of the United States are sufficient to protect the information that is submitted to the committees pursuant to this section.

“(C) In the event of an unauthorized disclosure of a clandestine military operation in the information environment covered by this section, the Secretary shall ensure, to the maximum extent practicable, that the appropriate congressional committees are notified immediately of the clandestine military operation in the information environment concerned. The notification under this paragraph may be verbal or written, but in the event of a verbal notification a written notification shall be provided by not later than 48 hours after the provision of the verbal notification.

“(e) Prohibition.—No clandestine military operation in the information environment may be conducted which is intended to influence United States political processes, public opinion, policies, or media.”.

(b) Transfer.—Section 1631 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1741) is amended as follows:

(1) Subsections (b), (c), and (d) are—

(A) transferred to section 398 of title 10, United States Code, as added by subsection (a) of this section;

(B) inserted before subsection (b) of such section 398; and

(2) Subsection (e) is—

(A) transferred to such section 398;

(B) inserted after subsection (e) of such section; and

(3) Subsection (i) is—

(A) transferred to such section 398;

(B) inserted after subsection (f) of such section; and

(c) Quarterly briefings.—Subsection (c) of section 398 of title 10, United States Code, as added by subsection (a) of this section and designated by subsection (b), is amended by striking “congressional defense committees” and inserting “appropriate congressional committees”.

(d) Definitions.—Subsection (g) of section 398 of title 10, United States Code, as added by subsection (a) of this section and designated by subsection (b), is amended—

(1) in paragraph (3), by inserting “in the information environment” before “, or associated”; and

(2) by adding at the end the following new paragraph:

“(4) The term ‘appropriate congressional committees’ means—

“(A) the congressional defense committees;

“(B) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and

“(C) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate.”.

SEC. 1512. Limitation on availability of certain funds until submission of joint lexicon for terms related to information operations.

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2023 for operation and maintenance, Defense-wide, and available for the Office of the Secretary of Defense for the travel of persons, not more than 75 percent may be obligated or expended until the date on which the Secretary submits to the Committees on Armed Services of the House of Representatives and the Senate the joint lexicon for terms related to information operations required by section 1631(g)(1)(D) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 397 note).

SEC. 1513. Joint information operations course.

(a) Joint information operations course.—The Secretary of Defense shall provide to members of the Army, Navy, Air Force, Marine Corps, and Space Force a course to prepare the members to plan and conduct information operations in a joint environment pursuant to title 10, United States Code. Such course shall include—

(1) standardized qualifications and procedures to enable the joint and synchronized employment of information-related capabilities in the information environment;

(2) joint methods to implement information operations in a battlefield environment under any ground force chain of command; and

(3) a curriculum covering applicable assets, core information operations concepts, integration of effects with a specific focus on information-related effects, operational methodology, multi-dimensional targeting space, other information-related capabilities defined by governing policy, instruction, publications, and doctrine, and any other topics or areas determined necessary by the Secretary.

(b) Semiannual reports.—On a semiannual basis through January 1, 2028, the Secretary shall submit to the congressional defense committees a report on the course provided under subsection (a). Each report shall include, with respect to the period covered by the report—

(1) the number of members described in subsection (a) who attended the course; and

(2) an assessment of the value of the course in—

(A) conducting joint operations in the information environment; and

(B) the synchronized employment of information-related capabilities in the information environment.

SEC. 1514. Consistency in delegation of certain authorities relating to information operations.

Except as otherwise provided specifically by law, if any roles or responsibilities relating to information operations are assigned pursuant to a provision of law or by the direction of the Secretary of Defense to the Under Secretary of Defense for Policy, the Under Secretary shall ensure that such roles or responsibilities are assigned or otherwise delegated to the same position within the Office of the Under Secretary of Defense of Policy.

SEC. 1515. Assessment and optimization of Department of Defense information operations within the cyber domain.

(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, in coordination with the Commander of the United States Cyber Command, shall complete both an assessment and an optimization plan for integrating all information and influence operations within cyberspace across the Department of Defense.

(b) Elements.—The assessment under subsection (a) shall include the following:

(1) An inventory of the components of the Department of Defense conducting information and influence operations within cyberspace.

(2) An examination of sufficiency of resources allocated for information and influence operations within cyberspace.

(3) An evaluation of the command and control, oversight, and management of matters related to information and influence operations within cyberspace across the Office of the Secretary of Defense and the Joint Staff.

(4) Any other matters determined relevant by the Principal Information Operations Advisor and the Principal Cyber Advisor to the Secretary of Defense, in coordination with the Commander of the United States Cyber Command.

(1) Actions that the Department will implement to integrate all Department information and influence operations within cyberspace in a manner that ensures the proper level of visibility, unity of effort, synchronization, and deconfliction.

(2) Coordination procedures within the Department to ensure that coordination with the Commander of the United States Cyber Command takes place with regard to unity of effort, synchronization, deconfliction of information and influence operations within cyberspace.

(3) An evaluation of potential organizational changes required to optimize information and influence operations within cyberspace.

(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, in coordination with the Commander of the United States Cyber Command, 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. 1516. Requirement to notify Chief of Mission of military operation in the information environment.

Section 398 of title 10, United States Code, as added and amended by section 1511, is further amended—

(1) by redesignating subsection (g) as subsection (h); and

(2) by inserting after subsection (f) the following new subsection (g):

“(g) 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. 1531. Annual reports on support by military departments for cyberspace operations.

Chapter 19 of title 10, United States Code, is amended by inserting after section 391 the following new section (and conforming the table of sections at the beginning of such chapter accordingly):

“§ 391a. Annual reports on support by military departments for cyberspace operations

“(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 fiscal year 2024 and each fiscal year thereafter, the Commander of the United States Cyber Command shall submit to the congressional defense committees a report containing the following:

“(1) An evaluation of whether each military department is meeting the requirements established by the Commander and validated by the Office of the Secretary of Defense.

“(2) For each military department evaluated under paragraph (1)—

“(A) a certification that the military department is meeting such requirements; or

“(B) a detailed explanation regarding how the military department is not meeting such requirements.

“(b) Elements of evaluation.—Each evaluation under subsection (a)(1) shall include, with respect to the military department being evaluated, the following:

“(1) The adequacy of the policies, procedures, and execution of manning, training, and equipping personnel for employment within the cyber mission force.

“(2) The adequacy of the policies and procedures relating to the assignment and assignment length of members of the Army, Navy, Air Force, Marine Corps, or Space Force to the cyber mission force.

“(3) The adequacy of the investment toward cyber-peculiar science and technology advancements, with an emphasis on capability development for the cyber mission force.

“(4) The sufficiency of the policies, procedures, and investments toward the military occupational specialty, designator, rating, or Air Force specialty code responsible for cyberspace operations.

“(5) In coordination with the Principal Cyber Advisor to the Secretary of Defense, an evaluation of the use by the military department of the shared lexicon of the Department of Defense specific to cyberspace activities.

“(6) The readiness of the members contributing to the cyber mission force and the cyberspace operations forces.

“(7) Any other element determined relevant by the Commander.”.

SEC. 1532. Independent review of posture and staffing levels of Office of the Chief Information Officer.

(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into an agreement with an appropriate non-Department of Defense entity for the conduct of a comprehensive review of the posture and staffing levels of the Office of the Chief Information Officer, as of the date of the enactment of this Act.

(b) Matters for consideration.—An agreement under subsection (a) shall specify that the review conducted under the agreement shall include the evaluation of each of the following:

(1) Any limitations or constraints of the Office of the Chief Information Officer in the carrying out the entirety of the responsibilities specified in section 142(b) of title 10, United States Code, 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 such section.

(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) Submittal to Congress.—Not later than 30 days after the date of the completion of the review required under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a copy of the review.

SEC. 1533. 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, in coordination with the Chief Digital and Artificial Intelligence Officer and the Principal Cyber Advisor of the Department and in consultation with the Under Secretary of Defense for Personnel and Readiness, 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 a consideration of each of the following elements:

(1) The 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.

(2) Matters related to pay disparity and hindrances in compensation relative to the skill sets and value of such civilian employees in the private sector.

(3) Criteria for eligibility of potential Department of Defense components and entities for participation in the Cyber Excepted Service.

(4) 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.

(c) Recommendations.—The review required under subsection (a) shall include 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 subsection (b).

(d) Submittal to Congress.—Not later than 30 days after the completion of the review required under subsection (a), the Chief Information Officer shall submit to the congressional defense committees a copy of the review.

SEC. 1534. Standardization of authority to operate applications in the Department of Defense.

(a) Policy.—

(1) REQUIREMENT.—Not later than 270 days after the date of the enactment of this Act, the Chief Information Officer of the Department of Defense shall establish a policy with criteria for the reciprocity of authority to operate for software and hardware between all networks of the Department of Defense.

(2) CONTENTS.—The policy under paragraph (1) shall contain the following:

(A) Procedures for requesting an authority to operate that applies to all networks of the Department.

(B) Guidance on when authorizing officials should grant an information technology platform that has already received an authority to operate on another network of the Federal Government a reciprocal authority to operate on a network of the Department of Defense.

(b) Single platform.—Not later than one year after the date of the enactment of this Act, the Chief Information Officer shall implement a single software tool or platform for the submission and review of requests for an authority to operate applications. The tool or platform shall—

(1) be used by all authorizing officials of the Department for the receipt, review, and adjudication of all such requests; and

(2) authorize persons who submit such requests to see the progress of the request at all steps in the review process.

(c) Report.—Not later than one year after the date of the enactment of this Act, the Chief Information Officer shall submit to the congressional defense committees a report on the following:

(1) The operational status of the software tool or platform implemented under subsection (b).

(2) A list of all networks and authorizing officials of the Department that are using the software tool or platform.

(3) A list of all networks and authorizing officials of the Department that are not using the software tool or platform.

(d) Authority to operate defined.—In this section, the term “authority to operate” means the official management decision given by a senior organizational official to authorize operation of an information system and accept the risk to organizational operations.

SEC. 1535. Establishment of hacking for national security and public service innovation program.

(a) Support authorized.—

(1) IN GENERAL.—The Secretary of Defense shall establish a Hacking for National Security and Public Service Innovation Program (in this section referred to as the “H4NSPSI program”) within the National Security Innovation Network (in this section referred to as the “NSIN”).

(2) COORDINATING AUTHORITY.—The NSIN shall serve as the coordinating authority for the H4NSPSI program and activities under such program.

(3) ELEMENTS.—H4NSPSI program activities shall include the following:

(A) Source problems at scale for the agencies associated with the programs specified in subsection (e).

(B) Recruit universities located in the United States or in partner or allied nations to work on the problems described in subparagraph (A).

(D) Support the universities described in subparagraph (B) with content, curriculum, and other support to develop solutions to the problems described in subparagraph (A).

(E) Support the United States Government adoption of solutions developed through the programs specified in subsection (e).

(F) Support the development and acquisition of talent within the agencies associated with the programs specified in subsection (e).

(4) OBJECTIVES.—The H4NSPSI program may include the following objectives:

(A) Increase funding for successful innovation efforts that bridge the gap between innovative organizations and the United States military.

(B) Increase funding for established drivers of national security innovation within the Department of Defense and other Federal agencies, including the programs specified in subsection (e).

(C) Improve the ability of the Department of Defense to maintain technological advantage over competitors by leveraging private sector innovation at scale.

(D) Through the use of existing authorities—

(i) strengthen United States national security innovation efforts and activities; and

(ii) create additional opportunities for collaboration and shared experience between the Department of Defense, other Federal agencies, the private sector, and academia through the expansion of existing programs, partnerships, and activities, including those specified in subsection (e).

(E) Grow and sustain the innovation edge of the United States by building and strengthening the national security innovation base through collaboration between the private sector, academia, the Department of Defense, the Armed Forces, and other Federal agencies.

(F) Invest in the future of national security innovation by inspiring a new generation to public service, supporting the diversity of the United States national security innovation workforce, and modernizing government decision-making processes.

(G) Expand the United States science and technology workforce by investing in STEM education and exposing the national security workforce to cutting-edge, innovative problem validation and solution development practices.

(H) Develop best practices for the conduct of such activities and programs.

(I) Identify experimental learning opportunities for activity and program participants to interact with operational forces and better understand national security challenges.

(J) Participate in exchanges and partnerships with Department of Defense science and technology activities, as well as the science and technology activities of other Federal agencies.

(b) Consultation.—In carrying out subsection (a), the Secretary of Defense may consult with the heads of such Federal agencies, universities, and public and private entities engaged in the development of advanced technologies, as well as in the validation of problems and adoption of solutions in response to national security challenges, as the Secretary of Defense determines to be appropriate.

(c) Authorities.—The Secretary of Defense may develop and maintain metrics to assess national security and public service innovation programs and activities to ensure standards for programs supported under subsection (a) are consistent and being met.

(d) Participation by federal employees and members of the armed forces.—The Secretary of Defense shall encourage Federal employees and members of the Armed Forces through the service secretaries and service chiefs and their counterparts in agencies associated with the programs specified in subsection (e) to participate in the H4NSPSI program in order to gain exposure to modern innovation and entrepreneurial methodologies.

(e) Coordination.—In carrying out this section, the Secretary of Defense shall consider coordinating and partnering with activities and organizations involved in the following:

(1) Hacking for Defense.

(2) Hacking for Homeland Security.

(3) Hacking for Diplomacy.

(4) Hacking for Space.

(5) Hacking for Manufacturing.

SEC. 1536. Tailored cyberspace operations organizations.

Section 1723 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 394 note) is amended by adding at the end the following new subsections:

“(e) Update to Congress.—Not later than July 1, 2023, the secretaries of the military services and the Assistant Secretary of Defense for Special Operations and Irregular Warfare shall brief the congressional defense committees on activities taken during the period following the date of the briefing under subsection (d), including an examination of establishing Tailored Cyberspace Operations Organizations and utilization of the authority provided pursuant to subsection (c).

“(f) Air Force actions.—Not later than July 1, 2023, the Secretary of the Air Force shall submit to the congressional defense committees a review of the activities of the Navy Cyber Warfare Development Group, including with respect to the authorities of the Group. The review shall include the following:

“(1) An assessment of whether such authorities shall be conferred to the 90th Cyberspace Operations Squadron of the United States Air Force.

“(2) A consideration of whether the 90th Cyberspace Operations Squadron should be designated a controlled tour, as defined by the Secretary.”.

SEC. 1537. Cyber operations-peculiar awards.

Chapter 57 of title 10, United States Code, is amended by inserting after section 1124 the following new section:

“§ 1124a. Cyber operations-peculiar awards

“(a) Authority.—The Secretary of Defense and the Secretaries of the military departments may authorize the payment of a cash award to, and incur necessary expense for the honorary recognition of, a member of the covered armed forces whose novel actions, invention, or technical achievement enables or ensures operational outcomes in or through cyberspace against threats to national security.

“(b) Actions during service.—An award under this section may be paid notwithstanding the member’s death, separation, or retirement from the covered armed forces. However, the novel action, invention, or technical achievement forming the basis for the award must have been made while the member was on active duty or in an active reserve status and not otherwise eligible for an award under chapter 45 of title 5.

“(c) Payment.—Awards to, and expenses for the honorary recognition of, members of the covered armed forces under this section may be paid from—

“(1) the funds or appropriations available to the activity primarily benefiting from the novel action, invention, or technical achievement; or

“(2) the several funds or appropriations of the various activities benefiting from the novel action, invention, or technical achievement.

“(d) Amounts.—The total amount of the award, or awards, made under this section for a novel action, invention, or technical achievement may not exceed $2,500, regardless of the number of persons who may be entitled to share therein.

“(e) Regulations.—Awards under this section shall be made under regulations to be prescribed by the Secretary of Defense or by the Secretaries of the military departments.

“(f) Covered armed forces defined.—In this section, the term ‘covered armed forces’ means the Army, Navy, Air Force, Marine Corps, and Space Force.”.

SEC. 1538. Manning review of Space Force cyber squadrons.

(a) Requirement.—Not later than 195 days after the date of the enactment of this Act, the Secretary of the Air Force, in coordination with the Chief of Space Operations, shall submit to the congressional defense committees a review of the manning required to fully staff the current and planned cyber squadrons of the Space Force.

(b) Matters included.—

(1) ELEMENTS.—The review under subsection (a) shall include considerations of the following:

(A) The specific sourcing of existing billets of the Space Force optimally postured for transfer to cyber squadrons.

(B) The administrative processes required to shift billets and existing funding to cyber squadrons.

(D) The cumulative benefit for the Space Force 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. Review of definitions associated with Cyberspace Operations Forces.

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 review and update 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)”. The review shall include—

(1) a comprehensive assessment of units and components of the Department of Defense conducting defensive cyberspace operations which are not currently included in such definition; and

(2) a revised definition for such term that includes such units and components within the Cyberspace Operations Forces.

SEC. 1601. Requirements for protection of satellites.

Chapter 135 of title 10, United States Code, is amended by inserting after section 2275 the following new section (and conforming the table of sections at the beginning of such chapter accordingly):

“§ 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) Findings.—Congress finds the following:

(1) Both Russia and China have demonstrated the capability to target, degrade, and destroy satellites on orbit, whether through kinetic or nonkinetic means.

(2) As recently as November 15, 2021, Russia demonstrated a direct ascent antisatellite weapon.

(3) Also in 2021, China successfully “grappled” a satellite and dragged the satellite out of its orbit to another location in space, a capability that could be used on any other object in space, including satellites of the Department of Defense.

(b) Strategy.—

(1) REQUIREMENT.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Director of National Intelligence, shall make publicly available a strategy containing the actions that will be taken to defend and protect on-orbit satellites of the Department of Defense and the intelligence community from the capabilities of adversaries to target, degrade, or destroy satellites.

(2) FORMS.—The Secretary shall—

(A) make the strategy under paragraph (1) publicly available in unclassified form; and

(B) submit to the appropriate congressional committees an annex, which may be submitted in classified form, containing supporting documents to the strategy.

(1) The term “appropriate congressional committees” means—

(A) the congressional defense committees; and

(B) the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.

(2) The term “intelligence community” has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).

SEC. 1603. National Security Space Launch program.

(a) Sense of Congress.—It is the sense of Congress that—

(1) the acquisition approach for phase three of the National Security Space Launch program should account for changes in the launch industry and planned architectures of the Space Force;

(2) the supply of launches for phase three may be impacted by increases in commercial space launch demand;

(3) the Secretary of the Air Force should explore new and innovative acquisition approaches to leverage launch competition within the commercial market; and

(4) in developing the acquisition strategy for phase three, the Secretary should—

(A) consider the scope of phase three manifest requirements in comparison to the Orbital Services Program and other potential contract vehicles for launches;

(B) ensure the continued assured access to space;

(D) capitalize on competition across the commercial launch industry;

(E) examine all possible options for awarding contracts for launches during the period covered by the phase, including, block-buys, indefinite delivery, indefinite quantity, or a hybrid approach;

(F) consider tailorable mission assurance options informed by previous launch vehicle performance metrics;

(G) include options for adding launch providers, launch systems, or both, during the execution of phase three to address manifest changes beyond the planned national security space unique launches at the time of initial award;

(H) maintain understanding of the commercial launch industry and launch capacity needed to fulfill the requirements of the National Security Space Launch program; and

(I) allow for rapid development and on-orbit deployment of enabling and transformational technologies required to address emerging requirements, including with respect to—

(i) delivery of in-space transportation, logistics, and on-orbit servicing capabilities to enhance the persistence, sensitivity, and resiliency of national security space missions in a contested space environment;

(ii) proliferated low-Earth orbit constellation deployment;

(iii) routine access to extended orbits beyond geostationary orbits, including cislunar orbits;

(iv) payload fairings that exceed current launch requirements;

(v) increased responsiveness for heavy lift capability;

(vi) the ability to transfer orbits, including point-to-point orbital transfers;

(vii) capacity and capability to execute secondary deployments;

(viii) high-performance upper stages;

(ix) vertical integration; and

(x) other new missions that are outside the parameters of the nine design reference missions that exist as of the date of the enactment of this Act.

(b) Quarterly briefings.—On a quarterly basis until the date on which the Secretary of the Air Force awards a phase three contract, the Commander of the Space Systems Command shall provide to the appropriate congressional committees a briefing on the development of the phase three acquisition strategy, including how the matters described subsection (a) are being considered in such strategy.

(c) Notification of results of mission assignment board.—Not later than 14 days after the date on which a phase two mission assignment board is completed, the Commander of the Space Systems Command shall notify the appropriate congressional committees of the launch assignment results of the board.

(d) Definitions.—In this section:

(1) The term “appropriate congressional committees” means—

(A) the congressional defense committees with respect to all briefings provided under subsection (b) and notifications made under subsection (c); and

(B) in addition to the congressional defense committees, the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate with respect to—

(i) briefings required under subsection (b) regarding requirements of the intelligence community being incorporated into phase three planning; and

(ii) notifications made under subsection (c) regarding an assignment that includes capabilities being launched for the intelligence community.

(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)).

(2) The term “phase three” means, with respect to the National Security Space Launch program, launch missions ordered under the program after fiscal year 2024.

(3) The term “phase two” means, with respect to the National Security Space Launch program, launch missions ordered under the program during fiscal years 2020 through 2024.

SEC. 1604. Responsive space strategy, principles, model architecture, and implementation plans.

(a) Strategy, principles, and model architecture.—Not later than 270 days after the date of the enactment of this Act, the Chief of Space Operations and the Commander of the United States Space Command shall jointly develop a responsive space strategy, principles, and a model architecture to be implemented across the United States Space Command and the Combined Force Space Component Command.

(b) Elements.—The responsive space strategy, principles, and model architecture under subsection (a) shall include, at a minimum, the following elements:

(1) Prioritized policies and procedures.

(2) Policies specific to launch, buses, payloads, ground infrastructure, and networks.

(3) Specification of enterprise-wide acquisitions of capabilities conducted pursuant to the policies referred to in paragraph (2).

(4) Roles, responsibilities, functions, and operational workflows of responsive space architecture and infrastructure personnel—

(A) of the Army, Navy, Air Force, Marine Corps, and Space Force and the combatant commands; and

(B) the Combined Force Space Component Command.

(c) Architecture development and implementation.—In developing and implementing the responsive space strategy, principles, and model architecture under subsection (a), the Chief of Space Operations and the Commander of the United States Space Command shall coordinate with—

(1) the Space Acquisition Council;

(2) the Director of the Defense Advanced Research Projects Agency;

(3) the Chairman of the Joints Chiefs of Staff; and

(4) any other component of the Department of Defense, as jointly determined by the Chief of Space Operations and the Commander.

(d) Implementation plans.—

(1) IN GENERAL.—The Chief of Space Operations and the Commander of the United State Space Command shall ensure that, not later than one year after the finalization of the responsive space strategy, principles, and model architecture under subsection (a), each Space Force delta transmits to the Chief and the Commander a draft plan to implement such responsive space strategy, principles, and model architecture with respect to such delta.

(2) ELEMENTS.—Each implementation plan under paragraph (1) shall include, at a minimum, the following with respect to the Space Force delta covered by the plan:

(A) Specific acquisitions, implementations, instrumentations, and operational workflows to be implemented across responsive space architectures and infrastructures.

(B) A detailed schedule with target milestones and required expenditures.

(D) Identification of additional funding, authorities, organizational changes and policies, as may be required.

(E) Requested waivers, exceptions to policies of the Department of Defense, and expected delays.

(e) Implementation oversight.—The Chief of Space Operations shall—

(1) assess the implementation plans under subsection (d)(1) for—

(A) adequacy and responsiveness to the responsive space strategy, principles, and model architecture under subsection (a); and

(B) appropriate use of enterprise-wide acquisitions;

(2) ensure, at a high level, the interoperability and compatibility of individual implementation plans of the Space Force deltas;

(3) track the use of waivers and exceptions to policy;

(4) develop a Responsive Space Scorecard to track and drive implementation of the plans by the Space Force Deltas; and

(5) leverage the authorities of the Commander of the United States Space Command to begin implementation of such responsive space strategy, principles, and model architecture.

(f) Initial briefings.—

(1) RESPONSIVE SPACE STRATEGY, PRINCIPLES, AND MODEL ARCHITECTURE.—Not later than 90 days after finalizing the responsive space strategy, principles, and model architecture under subsection (a), the Chief of Space Operations and the Commander of the United States Space Command shall provide to the congressional defense committees a briefing on such responsive space strategy, principles, and model architecture.

(2) IMPLEMENTATION PLANS.—Not later than 90 days after the receipt by the Chief of Space Operations of an implementation plan transmitted under to subsection (d)(1), the Chief shall provide to the congressional defense committees a briefing on such implementation plan.

(g) Annual briefing.—During each annual briefing provided by the Chief of Space Operations to the congressional defense committees on the budget occurring during the period beginning February 1, 2023, and ending January 1, 2031, the Chief shall provide updates on the implementation of the responsive space strategy, principles, and architecture under subsection (a).

(h) Notification Reforms.—Section 9021(c) of title 10, United States Code, is amended—

(1) by striking paragraph (2); and

(2) by striking “(1) The Council” and inserting “The Council”.

SEC. 1605. Responsive space demonstrations.

(a) Sense of Congress.—It is the sense of Congress that demonstrating the ability of the United States to rapidly respond to adversarial threats to the space systems of the United States serves as a compelling strategic deterrent to adversaries and informs how responsive, resilient, and affordable space and launch capabilities can help counter growing adversarial threats on an operationally relevant timeline.

(b) Establishment of program.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Chief of Space Operations and the Commander of the United States Space Command, shall establish a program to demonstrate responsive space capabilities through operational exercises, wargames, and table-top exercises.

(1) MISSION.—In carrying out the program under subsection (b), the Secretary shall conduct a rapid reconstitution deterrence demonstration mission to—

(A) design, develop, and understand the benefit of rapid space reconstitution and space augmentation;

(B) simulate real-world scenarios through wargames and table-top exercises, including contested environment scenarios, in which threats to the space capabilities of the United States may be offset or mitigated by responsive space capabilities;

(C) validate the ability to provide an end-to-end responsive space mission with responsive launch, satellite deployment, and data to users within rapid mission call-up timelines; and

(D) integrate such launches with the joint force under simulated contested conditions through the rapid deployment of launch infrastructure to existing Major Range and Test Facility Bases.

(2) REPORT.—Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the mission under paragraph (1), including—

(A) an assessment of the mission with respect to the operational and strategic benefits to the space-related missions of the Department of Defense;

(B) a proposed organization and management structure of the mission;

(D) budget estimates and financial forecast for the demonstrations.

SEC. 1606. Allied responsive space capabilities.

(a) Sense of Congress.—It is the sense of Congress that—

(1) it is in the common interest of the United States and allies and partners of the United States to strive for accessibility and flexibility for delivering assets into space on a responsive timeline;

(2) the United States should implement joint United States-allied space missions that demonstrate rapid, rapid launch, reconstitution and satellite augmentation from locations in the Indo-Pacific, European, and other theaters of operations;

(3) the United States should leverage allied and partner spaceports to diversify and disaggregate launch sites across the world for a multitude of missions, including national security missions; and

(4) it is important for the United States to have operational and contracting steps established with allies and partners to ensure readiness and preparedness for responding to or deterring any unknown threats.

(b) Initiatives.—The Secretary of the Defense and the Secretary of State shall jointly—

(1) 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; and

(2) designate a single official responsible for coordinating responsive space activities with allied partners.

(c) 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, the Commander of the United States Space Command, and the Secretary of State, shall jointly submit to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report assessing current investments and partnerships by the United States with allies of the United States with respect to responsive space efforts. The report shall include the following:

(1) An assessment of the benefits of leveraging allied and partner spaceports for responsive launch.

(2) A discussion of current and future plans to engage with allies and partners with respect to activities ensuring rapid reconstitution or augmentation of the space capabilities of the United States and allies.

(3) An assessment of the shared costs and technology between the United States and allies, including leveraging investments from the Pacific Deterrence Initiative and the European Deterrence Initiative.

(d) Five Eyes countries defined.—In this section, the term “Five Eyes countries” means the following:

(1) Australia.

(2) Canada.

(3) New Zealand.

(4) The United Kingdom.

(5) The United States.

SEC. 1607. Report on tactically responsive space capabilities.

(a) Sense of Congress.—It is the sense of Congress that—

(1) the Space Safari tactically responsive launch-2 mission of the Space Systems Command of the Space Force successfully demonstrated the ability of the Space Force to rapidly integrate, launch, and operate a satellite on orbit on a timeline that would be needed for rapid reconstitution or to respond to real-time hostile activities occurring in the domain;

(2) the Space Force should continue these efforts, and broaden the program beyond the logistics of launch and operations to also focus on lifecycle concepts of operation, as well as any contractual mechanisms that should be required in future programs to take into account the need for rapid reconstitution and responsiveness;

(3) the Chief of Space Operations should formalize tactically responsive requirements for all space capabilities carried out under title 10, United States Code; and

(4) to take into totality the effort required for tactically responsive launch, the Space Force should consider adding a corresponding budget line item for “Tactically Responsive Space” to fund areas beyond launch that would contribute to responsive space activities.

(b) Report.—Not later than 30 days after the date on which the budget of the President for fiscal year 2024 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Chief of Space Operations shall submit to the congressional defense committees a report on planned tactically responsive space activities pursuant to 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) included during the period covered by the most recent future-years defense program submitted under section 221 of title 10, United States Code (as of the date of the report), including a detailed budget plan for launch activities and all other efforts needed to enable tactically responsive space capabilities.

SEC. 1608. Sense of Congress on Range of the Future and support to commercial space launch activity.

It is the sense of Congress that—

(1) section 1610 of the National Defense Authorization Act for Fiscal Year 2022 contained a provision requiring the United States Space Force to deliver a report on its Range of the Future initiative;

(2) based on the details in that report, that the Nation’s launch service providers, consistent with decades of national policy, now lead the world in space access, that United States leadership in this strategic capability is critical to national security and economic vitality, and that it is critical to the Nation to continue encouraging and enabling United States space access capabilities to flourish and expand;

(3) the rapid growth of the commercial launch industry places a growing demand on Department of Defense resources at Federal space launch ranges, and that this demand growth will continue for the foreseeable future;

(4) the 1960s-era infrastructure of the two Department of Defense launch ranges primarily responsible for meeting its assured access to space mission under section 2273 of title 10, United States Code, and complying with section 2276 of such title, is under increasing strain, and needs to be replaced with a modern, state of the art launch infrastructure that encourages and enables continued growth and leadership in space access;

(5) maintenance of common use critical infrastructure like roads, culverts, bridges, deluge and water treatment facilities, supply lines, and electrical networks, among others, require immediate attention;

(6) investments in infrastructure have not kept pace with commercial demand primarily due to existing authorities which limit reimbursement, flexible financial investment facilities, and reinvestment of revenue in spaceport sustainment, modernization, and growth;

(7) the burgeoning commercial space industry requires a more holistic, responsive process leveraging public and private investment;

(8) the Department of Defense is constrained to provide services to commercial users only when not needed for public use, yet at the same time must promote commercial space launch capabilities as a critical enabler to national security;

(9) the United States Space Force has made great use of existing authorities and those provided by other non-Federal entities to leverage other sources of commercial and State investment to keep pace with demand;

(10) a similar State business development entity would be useful for supporting commercial space launch capability development in California at Vandenberg Space Force Base and other spaceports, and Congress looks forward to assisting the Department of Defense in improving its ability to plan and support commercial innovation while continuing to provide world class launch and test facilities; and

(11) the Secretary and the Department should engage with all stakeholders, including NASA, other relevant Federal agencies, and the associated congressional authorizing committees of jurisdiction, in any reporting, negotiation, policy, and potential legislative proposals on this matter.

SEC. 1609. Report on hyperspectral satellite technology.

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 how hyperspectral satellite technology being developed and tested by domestic commercial satellite companies may be incorporated in the Department of Defense’s existing and future greenhouse gas reduction efforts.

SEC. 1610. Report on space debris.

(a) In general.—Not later than 240 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report on the risks posed by man-made space debris in low-earth orbit, including—

(1) recommendations with respect to the remediation of such risks; and

(2) outlines of plans to reduce the incident of such space debris.

(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.

SEC. 1611. Plan on pilot program for deployment of dedicated X-band small satellite communications.

(a) Plans.—

(1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict and the Assistant Secretary of the Air Force for Space Acquisition and Integration, shall jointly submit to the congressional defense committees a plan for a pilot program for the deployment of dedicated X-band small satellite communications technologies that may support current and future requirements of special operations forces.

(2) PLAN ELEMENTS.—The plan submitted under paragraph (1) shall include the following:

(A) A description of authorities that would be used to execute the proposed pilot program.

(B) A timeline for the implementation and duration of the proposed pilot program.

(C) An identification of the dedicated X-band small satellite communication technologies required to implement the proposed pilot program.

(D) The costs, per fiscal year, for the development, deployment, and operations of the proposed pilot program.

(E) A comprehensive description and assessment of the proposed pilot program.

(F) Such recommendations for legislative or administrative action the Assistant Secretaries jointly determine appropriate, including the feasibility of—

(i) extending the term of the proposed pilot program; or

(ii) expanding the proposed pilot program to other activities of the Department of Defense beyond special operations forces.

(b) special operations forces defined.—The term “special operations forces” means forces described under section 167(j) of title 10, United States Code.

SEC. 1612. Report on stratospheric balloons, aerostats, or satellite technology capable of rapidly delivering wireless internet.

Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force and the Secretary of State, in consultation with the Chief of Space Operations, shall provide a report to the Senate Foreign Relations Committee, House Foreign Affairs Committee, Senate Armed Services Committee and House Armed Services Committee that identifies opportunities to deploy stratospheric balloons, aerostats, or satellite technology capable of rapidly delivering wireless internet anywhere on the planet from the stratosphere or higher. The report shall identify commercial as well as options developed by the Department of Defense. Additionally, the report shall provide an assessment of the military utility of such opportunities.

SEC. 1621. Congressional oversight of clandestine activities that support operational preparation of the environment.

Section 127f of title 10, United States Code, is amended—

(1) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and

(2) by inserting after subsection (d) the following new subsection:

“(e) Quarterly briefing.—On a quarterly basis, the Under Secretary of Defense for Intelligence and Security, in coordination with the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, shall provide to the congressional defense committees a briefing outlining the clandestine activities carried out pursuant to subsection (a) during the period covered by the briefing, including—

“(1) an update on such activities carried out in each geographic combatant command and a description of how such activities support the respective theater campaign plan;

“(2) an overview of the authorities and legal issues, including limitations, relating to such activities; and

“(3) any other matters the Under Secretary considers appropriate.”.

SEC. 1622. Executive agent for explosive ordnance intelligence.

(a) In general.—Subchapter I of chapter 21 of title 10, United States Code, is amended by adding at the end the following new section:

“§ 430c. Executive agent for explosive ordnance intelligence

“(a) Designation.—The Secretary of Defense shall designate the Director of the Defense Intelligence Agency as the executive agent for explosive ordnance intelligence.

“(b) Definitions.—In this section:

“(1) The term ‘explosive ordnance intelligence’ means technical intelligence relating to explosive ordnance (as defined in section 283(d) of this title), including with respect to the processing, production, dissemination, integration, exploitation, evaluation, feedback, and analysis of explosive ordnance using the skills, techniques, principles, and knowledge of explosive ordnance disposal personnel regarding fuzing, firing systems, ordnance disassembly, and development of render safe techniques, procedures and tools, publications, and applied technologies.

“(2) The term ‘executive agent’ has the meaning given the term ‘DoD Executive Agent’ in Directive 5101.1.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 430b the following new item:

“430c. Executive agent for explosive ordnance intelligence.”.

(c) Date of designation.—The Secretary of Defense shall make the designation under section 430c of title 10, United States Code, as added by subsection (a), by not later than 30 days after the date of the enactment of this Act.

SEC. 1623. Information on cover and cover support activities.

(a) Information.—Not less frequently than quarterly, the Secretary of Defense shall provide to the appropriate congressional committees information on the cover and cover support activities of the Department of Defense, including commercial activities conducted pursuant to section 431 of title 10, United States Code.

(b) Elements.—The Secretary shall ensure that the information provided under subsection (a) includes, with respect to the period covered by the information, the following:

(1) A detailed description of each activity, operation, or other initiative for which an element of the Department of Defense has provided cover or engaged in cover support activities, including—

(A) a description of the specific cover and cover support activities; and

(B) whether such cover and cover support activities began before or during such period.

(2) Any other matters the Secretary determines appropriate.

(d) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) the congressional defense committees; and

(2) the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.

SEC. 1624. Funding for research and development of advanced naval nuclear fuel system based on low-enriched uranium.

(a) Increase.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated by this title for the National Nuclear Security Administration, as specified in the corresponding funding table in section 4701, for Defense Nuclear Nonproliferation, Defense Nuclear Nonproliferation R&D is hereby increased by $20,000,000 for the purpose of LEU Research and Development for Naval Pressurized Water Reactors.

(b) Offset.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated by this title for the National Nuclear Security Administration, as specified in the corresponding funding table in section 4701, for Defense Nuclear Nonproliferation is hereby reduced—

(1) by $10,000,000 for the amount for nuclear smuggling detection and deterrence; and

(2) by $10,000,000 for the amount for nuclear detonation detection.

SEC. 1631. Improvements to Nuclear Weapons Council.

(a) Meetings.—Subsection (b) of section 179 of title 10, United States Code, is amended—

(1) in paragraph (1), by inserting “and (4)” after “paragraph (2)”; and

(2) by adding at the end the following new paragraph:

“(4) At least once annually, the Council shall hold a meeting that includes the Deputy Secretary of Defense, who may serve as chair for that meeting.”.

(b) Responsibilities.—Subsection (d) of such section is amended—

(1) by redesignating paragraphs (10), (11), and (12) as paragraphs (11), (12), and (13), respectively;

(2) by inserting after paragraph (9) the following new paragraph (10):

“(10) With respect to nuclear warheads—

“(A) reviewing military requirements, performance requirements, and planned delivery schedules to evaluate whether such requirements and schedules create significant risks to cost, schedules, or other matters regarding production, surveillance, research, and other programs relating to nuclear weapons within the National Nuclear Security Administration; and

“(B) if any such risk exists, proposing and analyzing adjustments to such requirements and schedules.”; and

(3) by striking paragraph (13), as so redesignated, and inserting the following new paragraph (13):

“(13) Coordinating risk management efforts between the Department of Defense and the National Nuclear Security Administration relating to the nuclear weapons stockpile, the nuclear security enterprise (as defined in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501)), and the delivery platforms for nuclear weapons, including with respect to identifying and analyzing risks and proposing actions to mitigate risks.”.

(c) Reports relating to safety.—Subsection (e) of such section is amended by striking “conducted by the Council” and inserting “for which the Council has received a briefing”.

(d) Plans and budget.—Subsection (f) of such section is amended to read as follows:

“(f) Review and assessment of plans and budget to support nuclear weapons requirements.— (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) Not later than 30 days after the President submits to Congress the budget for a fiscal year under section 1105(a) of title 31, the Council shall submit to the congressional defense committees a report containing the following:

“(A) The assessment conducted under paragraph (1) with respect to that budget.

“(B) An assessment 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 (as determined pursuant to section 4717 of the Atomic Energy Defense Act (50 U.S.C. 2757) 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 the requirements to produce war reserve plutonium pits under section 4219(a) of such Act (50 U.S.C. 2538a(a)).

“(C) If the assessment under subparagraph (B)(ii) determines that the plans and budget reviewed under paragraph (1) will not enable the Administrator to meet the requirements to produce war reserve plutonium pits under section 4219(a) of the Atomic Energy Defense Act (50 U.S.C. 2538a(a))—

“(i) an explanation for why the plans and budget will not enable the Administrator to meet such requirements; and

“(ii) proposed alternative plans, budget, or requirements by the Council to meet such requirements.

“(3) If a member of the Council does not concur in an assessment under paragraph (2), the report under such paragraph shall include a written explanation from the non-concurring member describing the reasons for the member’s non-concurrence.

“(4) In this subsection, the term ‘budget’ has the meaning given that term in section 231(f) of this title.”.

(e) Updates on meetings.—Subsection (g)(1)(A) of such section is amended by inserting before the semicolon the following: “and the members who attended each meeting”.

(f) Conforming amendment.—Section 4717(b)(2) of the Atomic Energy Defense Act (50 U.S.C. 2757(b)(2)) is amended—

(1) in subparagraph (A), by inserting “and” after the semicolon; and

(2) by striking subparagraphs (B) and (C) and inserting the following new subparagraph (B):

“(B) submit to the congressional defense committees the information required under section 179(f)(2) of title 10, United States Code.”.

SEC. 1632. Portfolio management framework for nuclear forces.

(a) In general.—Chapter 24 of title 10, United States Code, is amended by adding at the end the following new section (and conforming the table of sections at the beginning of such chapter accordingly):

“§ 499c. Portfolio management framework for nuclear forces

“(a) Requirement.—Not later than January 1, 2024, the Secretary of Defense shall—

“(1) implement a portfolio management framework for nuclear forces of the United States that—

“(A) specifies the portfolio of nuclear forces covered by the framework;

“(B) establishes a portfolio governance structure for such forces that takes advantage of, or is modeled on, an existing portfolio governance structure, such as the Deputy’s Management Action Group described in Department of Defense Directive 5105.79;

“(C) outlines the approach of the Secretary for identifying and managing risk relating to such forces and prioritizing the efforts among such forces, including how the Secretary will coordinate such identification, management, and prioritization with the Secretary of Energy; and

“(D) incorporates the findings and recommendations identified by the Comptroller General of the United States in the report titled ‘Nuclear Enterprise: DOD and NNSA Could Further Enhance How They Manage Risk and Prioritize Efforts’ (GAO–22–104061) and dated January 2022; and

“(2) complete a comprehensive assessment of the portfolio management capabilities required to identify and manage risk in the portfolio of nuclear forces.

“(b) Annual briefings.— (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, the Secretary shall provide to the congressional defense committees a briefing on identifying and managing risk relating to nuclear forces and prioritizing the efforts among such forces, including, with respect to the period covered by the briefing—

“(A) the current and projected operational requirements for nuclear forces that were used for such identification, management, and prioritization;

“(B) key areas of risk identified; and

“(C) a description of the actions proposed or carried out to mitigate such risk.

“(2) The Secretary may provide the briefings under paragraph (1) in classified form.

“(c) 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 supporting infrastructure for nuclear weapons, the delivery platforms and systems for nuclear weapons, and nuclear command, control, and communications systems, including related personnel, facilities, construction, operation, and maintenance.”.

(b) Initial briefing.—

(1) REQUIREMENT.—Not later than June 1, 2023, the Secretary of Defense shall provide to the congressional defense committees a briefing on the progress of the Secretary to—

(A) develop the portfolio management framework for nuclear forces under section 499c of title 10, United States Code, as added by subsection (a); and

(B) complete the assessment described in subsection (a)(2) of such section.

(2) FORM.—The Secretary may provide the briefings under paragraph (1) in classified form.

SEC. 1633. Modification of Annual Assessment of Cyber Resilience of Nuclear Command and Control System.

(a) Quarterly briefings.—Subsection (d) of section 499 of title 10, United States Code, is amended to read as follows:

“(d) Quarterly briefings.— (1) Not less than once every quarter, the Deputy Secretary of Defense and the Vice Chairman of the Joint Chiefs of Staff shall jointly provide to the Committees on Armed Services of the House of Representatives and the Senate—

“(A) a briefing on any intrusion or anomaly in the nuclear command, control, and communications system that was identified during the previous quarter, including—

“(i) an assessment of any known, suspected, or potential impacts of such intrusions and anomalies to the mission effectiveness of military capabilities as of the date of the briefing; and

“(ii) with respect to cyber intrusions of contractor networks known or suspected to have resulted in the loss or compromise of design information regarding the nuclear command, control, and communications system; or

“(B) if no such intrusion or anomaly occurred with respect to the quarter to be covered by that briefing, a notification of such lack of intrusions and anomalies.

“(2) In this subsection:

“(A) The term ‘anomaly’ means a malicious, suspicious or abnormal cyber incident that potentially threatens the national security or interests of the United States, or that is likely to result in demonstrable harm to the national security of the United States.

“(B) The term ‘intrusion’ means an unauthorized and malicious cyber incident that compromises a nuclear command, control, and communications system by breaking the security of such a system or causing it to enter into an insecure state.”.

(b) 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. 1634. Nuclear-capable sea-launched cruise missile.

(a) Findings.—Congress finds the following:

(1) Several senior military officers, including the Chairman and Vice Chairman of the Joint Chiefs of Staff and the Commander of United States Strategic Command, have offered their support for continued research and development of a nuclear-capable sea-launched cruise missile to strengthen nuclear deterrence.

(2) Deploying a nuclear-capable sea-launched cruise missile on naval vessels would “not come without a cost”, as was testified by Chief of Naval Operations Admiral Mike Gilday. Admiral Gilday described the challenges associated with training, sustainability, reliability, and readiness that would be associated with adding a nuclear mission and went on to say that he was “not convinced yet that we need to make a $31,000,000,000 investment in that particular system to close that particular gap”. Instead, he recommended keeping “a small amount of money” for research and development of the nuclear-capable sea-launched cruise missile as the Department of Defense seeks to better understand the implications of living with two nuclear-armed peer competitors.

(b) Reports.—

(1) DETERRENCE.—Not later than 270 days after the date of the enactment of this Act, the Secretary of the 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 and China, including—

(A) an assessment of the current and future theater nuclear capabilities and doctrine of Russia and China;

(B) an explanation of the strategy and capabilities of the United States for deterring theater nuclear employment; and

(C) 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.

(2) COST.—Not later than 270 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report that describes the full cost of developing, producing, fielding, and maintaining nuclear-capable sea-launched cruise missiles through at least 2050, including—

(A) the costs associated with research and development and production of the missile;

(B) the costs associated with modifications to port infrastructure;

(D) any other incremental costs compared to sustaining and operating nonnuclear naval vessels.

(3) OPERATIONAL LIMITATIONS.—Not later than 270 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report that describes any operational limitations and trade-offs that would be associated with deploying nuclear-capable sea-launched cruise missiles on naval vessels, including—

(A) the effect of allocating missile or torpedo tubes from conventional munitions to nuclear munitions;

(B) operational constraints and trade-offs associated with reserving or limiting naval vessels on account of nuclear mission requirements;

(C) trade-offs in posture and capabilities that the Navy would likely face if the Navy had to allocate more resources to a nuclear-capable missiles; and

(D) any other issues identified by the Secretary.

(4) 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 warhead for a nuclear-capable sea-launched cruise missile, including—

(A) the cost of developing, producing, and sustaining the warhead;

(B) the timeline for the design, production, and fielding of the warhead; and

(C) an assessment of how the pursuit of the warhead would 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 Administrator added a nuclear-capable sea-launched cruise missile warhead to the portfolio of such programs.

(5) PREFERRED COURSE OF ACTION.—To inform the reports under this subsection, not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report identifying 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.

(1) IN GENERAL.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2023 for the Department of Defense or the National Nuclear Security Administration may be obligated or expended for a purpose specified in paragraph (2) until—

(A) each of the reports under subsection (b), an unclassified version of the 2022 Nuclear Posture Review, 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; and

(B) the Secretary of Defense, in coordination with the Administrator for Nuclear Security, certifies to the congressional defense committees that the development and deployment of a nuclear-capable sea-launched cruise missile is required to meet a valid military requirement and would not create significant risk to conventional or nuclear deterrence by constraining conventional military operations or trading-off with the pursuit of other conventional or nuclear military capabilities.

(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.

(d) 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).

SEC. 1635. Limitation on availability of certain funds until submission of information relating to proposed budget for nuclear-armed sea-launched cruise missile.

In addition to the limitation under section 1640 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 2092), 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 the Navy for travel by the Secretary of the Navy, not more than 50 percent may be obligated or expended until the Secretary submits to the congressional defense committees all written communications from or to personnel of the Department of the Navy regarding the proposed budget amount or limitation for the nuclear-armed sea-launched cruise missile contained in the defense budget materials (as defined by section 231(f) of title 10, United States Code) relating to the Navy for fiscal year 2023.

SEC. 1636. Prohibition on reduction of the intercontinental ballistic missiles of the United States.

(a) Prohibition.—Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2023 for the Department of Defense may be obligated or expended for the following, and the Department may not otherwise take any action to do the following:

(1) Reduce, or prepare to reduce, the responsiveness or alert level of the intercontinental ballistic missiles of the United States.

(2) Reduce, or prepare to reduce, the quantity of deployed intercontinental ballistic missiles of the United States to a number less than 400.

(b) Exception.—The prohibition in subsection (a) shall not apply to any of the following activities:

(1) The maintenance or sustainment of intercontinental ballistic missiles.

(2) Ensuring the safety, security, or reliability of intercontinental ballistic missiles.

(3) Facilitating the transition from the Minuteman III intercontinental ballistic missile to the Sentinel intercontinental ballistic missile (previously referred to as the “ground-based strategic deterrent weapon”).

SEC. 1641. Repeal of requirement to transition ballistic missile defense programs to the military departments.

Section 1676 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 4205 note) is amended by striking subsection (b).

SEC. 1642. Fire control architectures.

(a) Sense of Congress.—It is the sense of Congress that—

(1) the new missile track and warning architecture in the budget request of the President for fiscal year 2023 makes a needed and significant shift to a more resilient and robust capability that will be necessary to address future threats in the domain;

(2) the tranche 1 and 2 capabilities of the Space Development Agency are critical to such new architecture and should continue to be funded appropriately to deliver missile track and warning capability from low-Earth orbit in the mid-2020s timeframe;

(3) section 1645 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 4062) directs the Director of the Missile Defense Agency to develop a sensor payload to be integrated into architecture of the Space Development Agency or Space Force to provide fire control quality data that would enable the interception of both ballistic and hypersonic threats;

(4) as the Space Warfighting Analysis Center of the Space Force reviews candidate architectures for fire control quality data, the Center should take into account the investment made to date and capability being developed by the hypersonic and ballistic tracking space sensor program for integration into the future architecture; and

(5) the Center should also consider current or planned programs of the intelligence community that could be integrated to increase the ability to contribute to fire control architectures of the Department of Defense.

(b) 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).

(c) 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. 1643. Limitation on availability of certain funds until required acquisition authority designation relating to capability to defend the homeland from cruise missiles.

(a) Finding.—Congress finds that the Secretary of Defense has yet to designate a military department or Defense Agency with acquisition authority with respect to the capability to defend the homeland from cruise missiles in accordance with section 1684(e) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 4205 note).

(b) Limitation.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2023 for the Department of Defense for travel by the Deputy Secretary of Defense, not more than 90 percent may be obligated or expended until the Secretary of Defense designates a military department or Defense Agency with acquisition authority with respect to the capability to defend the homeland from cruise missiles.

(c) Defense Agency defined.—In this section, the term “Defense Agency” has the meaning given that term in section 101(a)(11) of title 10, United States Code.

SEC. 1644. Limitation on availability of funds until submission of report on layered defense for the homeland.

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 operating the Office of Space Policy, not more than 75 percent may be obligated or expended until the Secretary of Defense submits to the congressional defense committees the report described in House Report 117–118 under the heading “Layered Defense for the Homeland”.

SEC. 1645. 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 National Intelligence, shall seek to cooperate with allies and partners of the United States in the area of responsibility of the United States Central Command to improve integrated air and missile defense capability to protect the people, infrastructure, and territory of such allies and partners from cruise and ballistic missiles, manned and unmanned aerial systems, and rocket attacks from Iran. The Secretary shall seek to cooperate with countries that have the ability to contribute to, adopt, and maintain an integrated air and missile defense capability, and a commitment to countering air and missile threats to bring security to the region.

(b) Strategy.—

(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, consistent with the protection of intelligence sources and methods, the Secretary shall submit to the appropriate congressional committees a strategy on increasing cooperation with allies and partners in the area of responsibility of the United States Central Command to implement an integrated air and missile defense architecture to protect the people, infrastructure, and territory of such allies and partners from cruise and ballistic missiles, manned and unmanned aerial systems, and rocket attacks from Iran.

(2) CONTENTS.—The strategy submitted under paragraph (1) shall include the following for countries the Secretary determines meets the characteristics of subsection (a):

(A) An assessment of the threat of ballistic and cruise missiles, manned and unnamed aerial systems, and rocket attacks from Iran.

(B) A description of current efforts to coordinate indicators and warnings from such attacks with allies and partners in the region.

(C) An analysis of United States allied and partner systems currently in the region to defend against air and missile attacks.

(D) An explanation of how an integrated regional air and missile defense architecture would improve collective security in the Central Command area of responsibility, similar to that of the European Command.

(E) A description of efforts to engage specified foreign partners in establishing such an architecture.

(F) An identification of any challenges in establishing an integrated air and missile defense architecture with specified foreign partners, including assessments of the capacity of specified foreign partners to—

(i) rapidly share and respond to intelligence on ballistic and cruise missiles, manned and unmanned aerial systems, and rocket attacks from Iran, and their ability to develop such capacity independent of direct United States support and oversight;

(ii) independently operate key technical components of such an architecture, including satellite sensors, ground- or sea-based radars, and interceptors; and

(iii) operate command and control centers directing the operation of such an architecture.

(G) An assessment of the overall cost to the United States for providing support for the establishment and sustainment of such an architecture over 5 and 10-year periods.

(H) A description of relevant coordination with the Secretary of State and the ways in which such an architecture advances United States regional diplomatic goals and objectives.

(I) 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 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. 1646. Strategy to use asymmetric capabilities to defeat hypersonic missile threats.

(a) Requirement.—Not later than March 1, 2023, the Secretary of Defense, acting through the Director of the Missile Defense Agency, shall submit to the congressional defense committees a comprehensive layered strategy to use asymmetric capabilities to defeat hypersonic missile threats.

(b) Elements.—The strategy under subsection (a) shall—

(1) address all asymmetric capabilities of the United States, including with respect to—

(A) directed energy, as described in section 1664 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 205 note) and including short-pulse laser technology;

(B) microwave systems;

(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. 1647. Report on integrated air and missile defense sensor of United States Indo-Pacific Command.

(a) Sense of Congress.—It is the sense of Congress that the budget of the President for fiscal year 2023 submitted to Congress pursuant to section 1105 of title 31, United States Code—

(1) includes funding to develop and procure an integrated air and missile defense architecture to defend Guam that includes multiple mobile components located across Guam, however, a full assessment of the manning and infrastructure needed to support those components, including items such as power, water, and availability of personnel housing, was not included in the overall determination of feasibility; and

(2) did not include funding for the continued development of the discrimination radar for homeland defense planned to be located in Hawaii because of an ongoing reevaluation of the missile defense posture and sensor architecture in the area of responsibility of the United States Indo-Pacific Command.

(b) Report.—

(1) REQUIREMENT.—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 findings of the review conducted by the Secretary of the integrated air and missile defense sensor architecture of the United States Indo-Pacific Command.

(2) INVESTMENTS.—The report under paragraph (1) shall identify the investments that should be made to increase the detection of non-ballistic threats and improve the discrimination of ballistic missile threats, particularly with regard to Hawaii.

(3) FORM.—The report under paragraph (1) shall be submitted in unclassified form, and may include a classified annex.

(1) REQUIREMENT.—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 an independent assessment of the integrated air and missile defense architecture to defend Guam.

(2) ELEMENTS.—The assessment under paragraph (1) shall include an analysis of each of the following:

(A) The proposed architecture capability to address non-ballistic and ballistic missile threats to Guam, including the sensor, command and control, and interceptor systems being proposed.

(B) The development and integration risk of the proposed architecture.

(C) The manning required to operate the proposed architecture, including the availability of housing and infrastructure on Guam to support the needed manning levels.

(3) SUBMISSION.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees the assessment under paragraph (1), without change.

SEC. 1648. Risk reduction in procurement of Guam missile defense system.

(a) Sense of Congress.—It is the sense of Congress that—

(1) the defense of Guam and the Armed Forces that operate there is of key strategic significance and is one of the top priorities for United States Indo-Pacific Command and the United States;

(2) the most severe adversary threat to Guam consists of long-range hypersonic and cruise missiles launched from a variety of air, land, and sea-based platforms;

(3) the current plan of the Missile Defense Agency using a mixed architecture which, when applied to the launcher systems, relies on numerous road-mobile transport erector launchers for launching, and is an unproven and high-risk plan; and

(4) the existing vertical launch system, which can accommodate the standard missile–3 and the standard missile–6, is a more capable and tested system and provides reasonable risk reduction to the short-term missile defense of Guam, and in the long term provides much needed capacity increase.

(b) Authority for procurement.—Except as provided by subsection (c), 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 as of the date of the enactment of this Act.

(1) the Secretary determines that the waiver is in the best interest of the national security of the United States;

(2) the Secretary submits to the congressional defense committees a notification of such waiver, including a justification; and

(3) a period of 120 days has elapsed following the date of such notification.

SEC. 1649. Plan on delivering Shared Early Warning System data to certain allies and partners of the United States.

(a) Findings.—Congress finds the following:

(1) The Shared Early Warning System currently provides accurate and timely ballistic missile warning information generated by space-based infrared sensors to the United States and select foreign countries.

(2) As has been demonstrated in Russia's unlawful invasion of and war in Ukraine, missile warning data provided to allies and partners of the United States could allow for critical warning to prevent widespread civilian casualties.

(3) The rapid technical fielding of Shared Early Warning System capabilities should be prioritized in future bilateral defense negotiations with allies and partners of the United States.

(b) 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.

(c) 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.

(d) 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. 1650. Reports on ground-based interceptors.

Not later than 30 days after the date of the enactment of this Act, and on a quarterly basis thereafter until the date on which the next generation interceptor achieves initial operating capability, the Director of the Missile Defense Agency, with the concurrence of the Commander of the United States Northern Command, shall submit to the congressional defense committees a report that includes the following:

(1) An identification of the number of ground-based interceptors operationally available to the Commander.

(2) If such number is different from the report previously submitted under this section, the reasons for such difference.

(3) Any anticipated changes to such number during the period covered by the report.

SEC. 1651. Report on missile defense interceptor site in contiguous United States.

(a) Requirement.—Not later than March 31, 2023, the Secretary of Defense, acting through the Director of the Missile Defense Agency, shall submit to the congressional defense committees a report containing—

(1) an updated assessment of the requirement for a missile defense interceptor site in the contiguous United States; and

(2) a funding profile, by year, of the total costs for the development and construction of such site, considering the designation of Fort Drum, New York, as the conditionally designated preferred site.

(b) Funding.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2023 for the Missile Defense Agency for unspecified military construction planning and design, not more than $5,000,000 may be obligated or expended for activities associated with a missile defense interceptor site in the contiguous United States described in subsection (a).

SEC. 1652. Report on gun launched interceptor technologies.

Not later than March 31, 2023, the Secretary of Defense, acting through the Commanding General of the Army Space and Missile Defense Command, shall submit to the congressional defense committees a report containing—

(1) an assessment of the need for gun launched interceptor technologies; and

(2) a funding profile, by year, of the total cost of integrating and testing such technologies that are under development.

SEC. 1653. Report on radiation hardened, thermally insensitive telescopes for SM–3 interceptor.

Not later than March 31, 2023, the Secretary of Defense, acting through the Director of the Missile Defense Agency, shall submit to the congressional defense committees a report containing—

(1) an assessment of the requirement to develop radiation hardened, thermally insensitive sensors for missile defense; and

(2) a funding profile, by year, of the total cost of integrating and testing such sensors that are under development.

SEC. 1661. Cooperative threat reduction funds.

(a) Funding allocation.—Of the $341,598,000 authorized to be appropriated to the Department of Defense for fiscal year 2023 in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program established under section 1321 of the Department of Defense Cooperative Threat Reduction Act (50 U.S.C. 3711), the following amounts may be obligated for the purposes specified:

(1) For strategic offensive arms elimination, $6,859,000.

(2) For chemical security and elimination, $14,998,000.

(3) For global nuclear security, $18,088,000.

(4) For biological threat reduction, $225,000,000.

(5) For proliferation prevention, $45,890,000.

(6) For activities designated as Other Assessments/Administration Costs, $30,763,000.

(b) Specification of cooperative threat reduction funds.—Funds appropriated pursuant to the authorization of appropriations in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program shall be available for obligation for fiscal years 2023, 2024, and 2025.

SEC. 1662. Study of weapons programs that allow the Armed Forces to address hard and deeply buried targets.

(a) Sense of Congress.—It is the sense of Congress that—

(1) the ability of the United States to hold at risk hard and deeply buried targets now and in the future is critical; and

(2) while the Department of Defense is undertaking a study of nuclear and nonnuclear options to hold at risk this growing target set, Congress is concerned about the progress of this study.

(b) Study.—Not later than 90 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 and the Commander of the United States Strategic Command, and in consultation with the Administrator for Nuclear Security, shall submit to the congressional defense committees a study on options to hold at risk hard and deeply buried targets.

(1) An analysis of the current and emerging hard and deeply buried target mission set and associated military requirements, including—

(A) the number and locations of the targets; and

(B) the associated military requirements for the United States Strategic Command, including the importance of threatening the targets to meeting the objectives of the United States.

(2) A study of weapons programs that allow the Armed Forces to address hard and deeply buried targets, including—

(A) any nuclear or nonnuclear weapon and delivery system the Secretary determines appropriate, including the cost, timeline for fielding, and likely effectiveness of any capability under consideration; and

(B) an assessment of a service life extension program of the B83 nuclear gravity bomb as one of the options.

(3) A proposed strategy for fielding capabilities 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 five-year funding profile for the preferred alternative weapon and the secondary alternative weapon studied under paragraph (2).

(d) Briefing.—Upon completion of the study under subsection (b), the Secretary shall provide the Committees on Armed Services of the House of Representatives and the Senate a briefing on the findings and recommendations of the study.

SEC. 1663. Unidentified aerial phenomena reporting procedures.

(a) Authorization for reporting.—Notwithstanding the terms of any written or oral nondisclosure agreement, order, or other instrumentality or means, that could be interpreted as a legal constraint on reporting by a witness of an unidentified aerial phenomena, reporting in accordance with the system established under subsection (b) is hereby authorized and 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.).

(b) System for reporting.—

(1) ESTABLISHMENT.—The head of the Office, on behalf of the Secretary of Defense and the Director of National Intelligence, shall establish a secure system for receiving reports of—

(A) any event relating to unidentified aerial phenomena; and

(B) any Government or Government contractor activity or program related to unidentified aerial phenomena.

(2) PROTECTION OF SYSTEMS, PROGRAMS, AND ACTIVITY.—The system established pursuant to paragraph (1) shall serve as a mechanism to prevent unauthorized public reporting or compromise of properly classified military and intelligence systems, programs, and related activity, including all categories and levels of special access and compartmented access programs, current, historical, and future.

(3) ADMINISTRATION.—The system established pursuant to paragraph (1) shall be administered by designated and widely known, easily accessible, and appropriately cleared Department of Defense and intelligence community employees or contractors assigned to the Unidentified Aerial Phenomena Task Force or the Office.

(4) SHARING OF INFORMATION.—The system established under paragraph (1) shall provide for the immediate sharing with Office personnel and supporting analysts and scientists of information previously prohibited from reporting under any nondisclosure written or oral agreement, order, or other instrumentality or means, except in cases where the cleared Government personnel administering such system conclude that the preponderance of information available regarding the reporting 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 reporting, has been explicitly and clearly reported to the congressional defense committees and congressional intelligence committees, and is documented as meeting those criteria.

(5) INITIAL REPORT AND PUBLICATION.—Not later than 180 days after the date of the enactment of this Act, the head of the Office, on behalf of the Secretary and the Director, shall—

(A) submit to the congressional intelligence committees, the congressional defense committees, and congressional leadership a report detailing the system established under paragraph (1); and

(B) make available to the public on a website of the Department of Defense information about such system, including clear public guidance for accessing and using such system and providing feedback about the expected timeline to process a report.

(6) ANNUAL REPORTS.—Section 1683 of the National Defense Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373) is amended—

(A) in subsection (h)—

(i) in paragraph (1), by inserting “and congressional leadership” after “appropriate congressional committees”; and

(ii) in paragraph (2), by adding at the end the following new subparagraph:

“(Q) A summary of the reports received using the system established under title XVI of the National Defense Authorization Act for Fiscal Year 2023.”; and

(B) in subsection (l)—

(i) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; and

(ii) 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.”.

(1) IDENTIFICATION OF NONDISCLOSURE AGREEMENTS.—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 (b)(1) and activities and programs described subparagraph (B) of such subsection, and contractors of the Federal Government supporting such activities and programs shall conduct comprehensive searches of all records relating to nondisclosure orders or agreements or other obligations relating to the types of events described in subsection (a) and provide copies of all relevant documents to the Office.

(2) SUBMITTAL TO CONGRESS.—The head of the Office shall—

(A) make the records compiled under paragraph (1) accessible to the congressional intelligence committees, the congressional defense committees, and congressional leadership; and

(B) 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.

(d) Protection from liability and private right of action.—

(1) PROTECTION FROM LIABILITY.—It shall not be a violation of section 798 of title 18, United States Code, or any other provision of law, and no cause of action shall lie or be maintained in any court or other tribunal against any person, for reporting any information through, and in compliance with, the system established pursuant to subsection (b)(1).

(2) PROHIBITION ON REPRISALS.—An employee of a Federal agency and an employee of a contractor for the Federal Government 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, with respect to any individual as a reprisal for any reporting as described in paragraph (1).

(3) PRIVATE RIGHT OF ACTION.—In a case in which an employee described in paragraph (2) takes a personnel action against an individual in violation of such paragraph, the individual may bring a private civil action for all appropriate remedies, including injunctive relief and compensatory and punitive damages, against the Government or other employer who took the personnel action, in the United States Court of Federal Claims.

(e) Review by inspectors general.—Not later than one year after the date of the enactment of this Act, the Inspector General of the Department of Defense and the Inspector General of the Intelligence Community shall each—

(1) conduct an assessment of the compliance with the requirements of this section and the operation and efficacy of the system established under subsection (b); and

(2) submit to the congressional intelligence committees, the congressional defense committees, and congressional leadership a report on their respective findings with respect to the assessments they conducted under paragraph (1).

(f) Definitions.—In this section:

(1) 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) The term “congressional leadership” means—

(A) the majority leader of the Senate;

(B) the minority leader of the Senate;

(D) the minority leader of the House of Representatives.

(3) 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).

(4) The term “Office” means the office established under section 1683(a) of the National Defense Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373(a)).

(5) 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)).

(6) The term “unidentified aerial phenomena” has the meaning given such term in section 1683(l) of the National Defense Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373(l)).

SEC. 1701. 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. 1702. Development of technologies with respect to critical, preferred, and precision-guided conventional munitions.

(a) In general.—Subject to the availability of appropriations, the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Secretaries of the Army, Navy, and Air Force and the heads of the Defense Agencies, shall develop and invest in the following with respect to critical, preferred, and precision-guided conventional munitions:

(1) Technologies to—

(A) reduce the costs of such munitions;

(B) increase the reliability and lethality of such munitions; and

(2) Technologies related to the diversification of the supply chains relevant to the production of such munitions.

(3) The development of novel methods to more easily and affordably manufacture such munitions, including the capability of rapid production scaling to meet required demand.

(b) Types of technologies.—The types of technologies developed under subsection (a) shall include—

(1) the additive manufacturing of components, including energetics;

(2) expeditionary manufacturing;

(3) simplified supply chains, including, where possible, the use of open source, commercial, and commercial-derived technologies, including microelectronics; and

(4) such other technologies as the Under Secretaries determine appropriate.

(c) Report.—Not later than 90 days after the date of the enactment of this Act, the Under Secretaries shall jointly submit to the congressional defense committees a report on the plan to carry out this section.

SEC. 1703. Sense of Congress and quarterly briefings on replenishment and revitalization of stocks of tactical missiles provided to Ukraine.

(a) Sense of Congress.—It is the sense of Congress that—

(1) the delivery of anti-tank and air defense missiles and munitions to Ukraine by the United States and numerous allies and partners around the world has had a crucial impact on the ability of Ukraine to resist Russia’s illegal invasion;

(2) the war in Ukraine has demonstrated the utility of these weapons in contemporary military conditions;

(3) it is vital to continue providing Ukraine with such assistance, as needed, in an appropriately rapid and sustained manner;

(4) the ability of the Department of Defense to support replenishment of these stocks is a matter of major importance for—

(A) the provision of additional support, as needed, to Ukraine;

(B) the defense needs of the United States; and

(C) the defense needs of allies and partners that have provided, or are considering providing, their own stocks to assist Ukraine.

(5) in response to the March 18, 2022, letter sent by the Chairman and Ranking Member of the Committee on Armed Services of the House of Representatives, the Department of Defense responded effectively with efforts to buy down strategic risk and accelerate production of air defense munitions;

(6) the effort to replace existing stocks while prioritizing the rapid development of a low-cost, exportable evolution of a short-range air defense system should proceed as quickly and efficiently as possible;

(7) the Department of Defense should continue to develop and pursue this strategy while providing full transparency into its efforts to buy down strategic risk and engaging in substantial dialogue regarding the path forward;

(8) the Department of Defense should use its authorities to work with allies and partners in a focused and sustained manner to advance the replenishment of munitions stocks for allies and partners that have provided, or are contemplating providing, such equipment to Ukraine, in order to ensure they are capable of meeting ongoing alliance and partnership deterrence and security needs.

(b) Quarterly briefings.—The Secretary of Defense shall provide to Congress quarterly briefings, in accordance with subsection (c), on the progress of the Department of Defense toward replenishing and sustaining the production capacity and stocks of covered systems that have been delivered to Ukraine as part of the effort to—

(1) support Ukraine’s resistance against Russian aggression; and

(2) buy down strategic risks.

(1) BRIEFINGS ON US STOCKS.—The Secretary of Defense shall provide to the congressional defense committees quarterly briefings that include each of the following:

(A) A timeline and budgetary estimate for developing and procuring replacement stocks of covered systems for the United States.

(B) An analysis of the amount of funding provided to defense contractors to procure replacement stocks of covered systems for the United States.

(C) An identification of any opportunities to allow vendors to compete for agreements to produce next-generation short-range tactical missiles, launchers, fire controls, and any other supporting equipment.

(D) An analysis of risks within the industrial base that provides support for covered systems, and detailed options to mitigate those risks.

(E) A discussion of options to maximize competition among providers of covered systems and components thereof, and an identification of any gaps in legal authority to pursue and achieve the objectives of maximizing competition and replenishing and sustaining the production capacity of covered systems.

(F) An update on the use of the authorities of the Department of Defense to replenish and sustain the production capacity and stocks of covered systems referred to in subsection (b).

(2) 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 each of the following:

(A) A timeline and budgetary estimate for developing and procuring replacement stocks of covered systems for allies and partners of the United States.

(B) An update on the efforts of the Department to work with allies and partners of the United States to advance the replenishment of munitions stocks for such allies and partners that have provided, or are contemplating providing, such stocks to Ukraine.

(d) Covered system.—In this section, the term “covered system” means any short-range tactical missile (including any SHORAD or anti-tank missile), loitering munition, drone, or ammunition.

(e) Termination.—The requirement to provide quarterly briefings under this section shall terminate on December 31, 2026.

SEC. 1704. Assessment of acquisition objectives for Patriot air and missile defense battalions.

(a) Findings; sense of Congress.—

(1) FINDINGS.—Congress finds the following:

(A) The unlawful Russian invasion of and war in Ukraine has highlighted the importance of lower tier air and missile defense capabilities in the European Area of Command.

(B) The emergency supplemental appropriations request by the President for the situation in Ukraine for fiscal year 2022 included funding for a 16th Patriot air and missile defense system battalion, which increases the long standing inventory requirement by one battalion.

(2) SENSE OF CONGRESS.—It is the sense of Congress that given the evolving cruise- and ballistic-missile threat from rogue nations and near-peer adversaries, particularly in regional scenarios, the Secretary of the Army should reassess the current battalion and interceptor acquisition objectives for the Patriot air and missile defense system to determine if 16 battalions and 3,376 Patriot advanced capability-3 missile segment enhancement missiles are still valid.

(b) 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 battalion and interceptor acquisition objectives, as of the date of the enactment of this Act, for the Patriot air and missile defense system and Patriot advanced capability-3 missile segment enhancement missiles.

(c) Report.—Not later than 30 days after the date on which the Secretary completes the assessment under subsection (b), the Secretary shall submit to the congressional defense committees a report on the assessment, including whether the acquisition objectives described in such subsection are valid or should be modified.

(d) 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. Federally funded research and development center analysis of Department of Defense capability and capacity to replenish missile and munition inventories.

(a) Sense of Congress.—It is the sense of Congress that—

(1) the ongoing war in Ukraine has highlighted the importance of understanding the defense industrial base gaps and limitations of replenishing inventories of critical, preferred, and precision-guided weapon systems; and

(2) the ability of the Department of Defense to replenish critical munitions in the event of a conflict with a strategic competitor lasting not less than six months is of critical importance to the national security interests of the United States.

(b) FFRDC study.—

(1) IN GENERAL.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into an agreement with an appropriate federally funded research and development center for the conduct of a detailed analysis of the capability of the Department of Defense replenish inventory of the weapons described in paragraph (3) to address long-range strike capabilities, including against naval surface and subsurface, as well as land-based forces, air superiority, interdiction, air and missile defense, and hard and deeply buried target mission areas. Such an agreement shall provide that an analysis conducted pursuant to the agreement shall be completed within 180 days.

(2) MATTERS FOR CONSIDERATION.—An analysis conducted pursuant to an agreement under paragraph (1) shall include a consideration of each of the following with respect to the weapons described in paragraph (3):

(A) Any gaps in current or near-term production capability through 2025 or capacity due to the loss, impending loss, or obsolescence of manufacturers or suppliers of items, raw materials, or software, along with recommendations to address the highest priority gaps.

(B) The capability to significantly increase current levels of production beyond steady-state demand requirements, including an assessment of sub-tier supplier capacity, capability, and rates of production.

(C) The predicted production capability and capacity during the time period beginning in 2025 and ending in 2035, including the capability and any recommendations to significantly increase production during that time period.

(D) The reliance of the United States on materials and parts that are produced or sourced in foreign countries, particularly in the case of such reliance on a sole-source producer or supplier, an identification of countries of origin of such materials and parts, and associated recommendations to address any priority vulnerabilities.

(E) The capacity of the organic industrial base, including both Government-operated and contractor-operated facilities, to support surge production, and an identification of the weapons that each such facilities is equipped, or could be equipped, to produce.

(3) WEAPONS DESCRIBED.—The weapons described in this paragraph are each of the following:

(A) Evolved sea sparrow missile.

(B) MK 48 heavyweight torpedo.

(D) Patriot guided missiles.

(E) Terminal high altitude area defense interceptors.

(F) Guided and ballistic missiles fired from the multiple launch rocket system (MLRS) or the high mobility artillery rocket system (HIMARS).

(G) Javelin missile.

(H) Stinger missile.

(I) Air intercept missile (AIM)-9X-Sidewinder.

(J) AIM-120D - Advanced medium range air-to-air missile (AMRAAM).

(K) Air to ground (AGM)-114 - hellfire missile.

(L) Small diameter bomb II.

(M) Joint direct attack munition.

(N) Advanced penetrating bombs.

(O) Enhanced fragmentation bombs.

(P) Low collateral damage bombs.

(Q) Tomahawk land attack missile.

(R) Maritime strike tomahawk.

(S) Long range anti-ship missile.

(T) Naval strike missile.

(U) Joint air-to-surface standoff missile-extended range.

(V) Harpoon anti-ship missile.

(W) Any other weapon that the Secretary of Defense or the federally funded research and development center determine should be included in the analysis.

(4) REPORT.—

(A) IN GENERAL.—Not later than 180 days after entering into an agreement under subsection (a), the Secretary shall submit to the congressional defense committees a report containing the unaltered results of the analysis completed pursuant to the agreement.

(B) FORM.—The report required under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.

SEC. 1706. Out-Year Unconstrained Total Munitions Requirement, Out-Year inventory numbers, and critical munitions reserve.

(a) Annual reporting requirements.—Section 222c of title 10, United States Code, is amended—

(1) in subsection (a)—

(A) by striking “the chief of staff of each armed force (other than the Coast Guard)” and inserting “the Under Secretary of Defense for Acquisition and Sustainment”;

(B) by striking “such armed force” and inserting “each armed force (other than the Coast Guard)”; and

(2) by striking subsection (b);

(3) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively;

(4) by amending subsection (c), as so redesignated, to read as follows:

“(c) Implementation guidance used.—A report required to be submitted under subsection (a) for a fiscal year shall include a description and explanation of the munitions requirements process implementation guidance developed by the Under Secretary of Defense for Acquisition and Sustainment and used by each armed force for the munitions requirements process for such armed force for that fiscal year. Such description and explanation shall include each of the following:

“(1) A list of configurations fielded as of the date of the submittal of the report.

“(2) The percentage of the total munitions inventory that is fielded, by configuration.

“(3) The average shelf life and age of the munitions in the inventory and the percentage of the munitions in the inventory that will exceed shelf life during the ten-year period following the date of the submittal of the report.

“(4) 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.

“(5) The average rate of procurement during the three-year period preceding the date of the submittal of the report, and the number of years required to meet the out-year unconstrained total munitions requirement at such three-year average rate.

“(6) 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.

“(7) Such other information as the Under Secretary determines is appropriate.”;

(5) by inserting after subsection (c) the following new subsection (d):

“(d) Critical munitions reserve.— (1) For each critical munitions program, the Under Secretary of Defense for Acquisition and Sustainment shall establish and maintain a critical munitions reserve, through which the Under Secretary shall procure longest lead sub-components, concurrent with year production, to provide the capability to quickly access the amount of critical munitions inventory required for one or more years in order to accelerate the delivery of such munitions.

“(2) A critical munitions reserve under paragraph (1) may take the form of a rotable pool to facilitate the timely use of critical munitions material while producing sufficient quantities of such material to maintain an ongoing reserve of such material.

“(3) The Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees quarterly reports on the critical munitions reserves maintained under this paragraph, which shall include the recommendations of the Under Secretary with respect to—

“(A) the management of the critical munition reserves, including any recommendations for legislative changes; and

“(B) critical munitions components for inclusion in the critical munitions reserves and funding requirements for each such component.”; and

(6) in subsection (e), as so redesignated, by striking paragraph (1) and inserting the following new paragraph (1):

“(1) The term ‘critical munition’ means a munition that—

“(A) is considered to be among the most important for executing plan objectives in one or more conflict scenarios;

“(B) has an inventory that is insufficient to meet the requirements of the national defense strategy under section 113(g) of this title; and

“(C) has a projected inventory that is forecasted to remain insufficient at the end of the period covered by the future-years defense program most recently submitted to Congress pursuant to section 221 of this title.”.

(b) Report on critical munitions reserve.—Not later than 90 days 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 a report on the progress of the Under Secretary in establishing the critical munitions reserves required by subsection (d) of section 222c of title 10, United States Code, as added by subsection (a)(5).

SEC. 1707. Identification of subcontractors for critical munitions contracts.

(a) Identification of subcontractors.—Not later than 210 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall carry out a pilot program to establish a process for identifying subcontractors (at any tier) that, on the date on which the process described in subsection (a) is implemented—

(1) are performing one or more critical munitions contracts; and

(2) (A) provide products to a prime contractor or a higher-tier subcontractor for such prime contractor under such a contract; or

(B) are responsible for the storage or handling of controlled unclassified information under such a contract.

(b) Use of framework.—The Under Secretary shall, to the extent practicable, use the framework developed under section 4819 of title 10, United States Code, to carry out the pilot program established under this section.

(c) Implementation plan.—Not later than 180 days after the date of the enactment of this Act, the Under Secretary shall submit to the congressional defense committees an implementation plan for the pilot program required by this section. Such plan shall include the following:

(1) Information on the practices that will be used to apply processes established under the pilot program, including an identification of any practices used by the Missile Defense Agency or the Strategic Capabilities Office that identify subcontractors (at any tier) for covered contracts.

(2) A list of programs of the Department of Defense to which the Under Secretary will apply the process established under this section.

(d) Recommendations.—Not later than 90 days after the implementation of the pilot program required by this section, the Under Secretary shall submit to the congressional defense committees recommendations on the feasibility of expanding, beginning on or after November 1, 2023, the pilot program established under this section to Department of Defense program under which a DO-rated order or a DX-rated order may be placed.

(e) Definitions.—In this section:

(1) The term “covered contract” means a critical munitions contract for which a subcontractor (at any tier)—

(A) provides products to a prime contractor or a higher-tier subcontractor for such prime contractor; or

(B) is responsible for the storage or handling of controlled unclassified information.

(2) The term “critical munition” has the meaning given such term in section 1705 of this Act.

(3) The term “critical munitions contract” means a contract between the Department of Defense and a prime contractor for the procurement of critical munitions.

(4) The term “DO-rated order” means an order with a priority rating of “critical to national defense” in the Defense Priorities and Allocation System pursuant to part 700 of title 15, Code of Federal Regulations (or any successor regulation).

(5) The term “DX-rated order” means an order with a priority rating of “highest national defense urgency” in the Defense Priorities and Allocation System pursuant to part 700 of title 15, Code of Federal Regulations (or any successor regulation).

SEC. 1708. Study on stockpiles and production of critical guided munitions.

(a) Study.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall complete a study to determine how rapidly stockpiles of the United States of critical guided munitions would become depleted in the event of the involvement of the United States in a large-scale conflict.

(b) Matters.—The study under subsection (a) shall include, at a minimum, the following:

(1) Modeling of the monthly munitions expenditure of the United States in the scenario of a large-scale conflict (lasting for a period of at least 180 days) in Europe during fiscal year 2025, at various levels of conflict intensity, including conflicts involving 25, 50, and 75 percent of the force structure of the land, naval, and air forces of the active Armed Forces.

(2) Modeling of the monthly munitions expenditure of the United States in the scenario of a large-scale conflict (lasting for a period of at least 180 days) in East Asia during fiscal year 2025, at various levels of conflict intensity, including conflicts involving 25, 50, and 75 percent of the force structure of the land, naval, and air forces of the active Armed Forces.

(3) An analysis of how rapidly stockpiles of the United States of critical guided munitions would become depleted in each of the scenarios referred to in paragraphs (1) and (2) for, at a minimum, the following munitions:

(A) Air Intercept Missile-260.

(B) Joint Direct Attack Munition.

(D) Naval Strike Missile.

(E) Standard Missile-2.

(F) Standard Missile-6.

(G) Harpoon Anti-ship Missile.

(H) MK-48 torpedo.

(I) Each variant of the following:

(i) Air Intercept Missile-9.

(ii) Air Intercept Missile-120.

(iii) Army Tactical Missile System.

(iv) Guided Multiple Launch Rocket System.

(v) Javelin.

(vi) Joint Air-to-Surface Standoff Missile.

(vii) Patriot Missile.

(viii) Precision Strike Missile.

(ix) Stinger.

(x) Tomahawk Cruise Missile.

(4) An analysis of the time and resources that would be necessary to restart production lines for the critical guided munitions specified in paragraph (3) that, as of the period during which the study is conducted, are not in production by the United States.

(5) An analysis of the time and resources that would be necessary to increase the monthly production of critical guided munitions to meet the expenditure rates projected pursuant to the modeling under paragraphs (1) and (2).

(1) IN GENERAL.—Not later than 120 days after the date of the completion of the study under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report, and provide to the congressional defense committees a briefing, on the study. Such report shall contain the following:

(A) A summary of the findings of the study.

(B) Recommendations to expedite the production of the munitions specified in subsection (b)(3).

(2) FORM.—The report under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex.

(d) Critical guided munition.—In this section, the term “critical guided munition” means—

(1) any munition specified in subsection (b)(3); and

(2) any other munition designated as such by the Secretary of Defense.

SEC. 1709. Ukraine Critical Munitions Acquisition Fund.

(a) Establishment.—There shall be established in the Treasury of the United States a revolving fund to be known as the “Ukraine Critical Munitions Acquisition Fund” (in this section referred to as the “Fund”).

(b) Purpose.—Subject to the availability of appropriations, amounts in the Fund shall be made available by the Secretary of Defense—

(1) to ensure that adequate stocks of critical munitions are available for allies and partners of the United States during the war in Ukraine; and

(2) to finance the acquisition of critical munitions in advance of the transfer of such munitions to foreign countries during the war in Ukraine.

(c) Additional authority.—Subject to the availability of appropriations, the Secretary may also use amounts made available to the Fund—

(1) to keep on continuous order munitions that the Secretary deems as critical due to a reduction in current stocks as a result of the drawdown of stocks provided to the government of Ukraine for transfer to Ukraine; or

(2) with the concurrence of the Secretary of State, to procure munitions identified as having a high use rate during the war in Ukraine.

(d) Deposits.—

(1) IN GENERAL.—The Fund shall consist of each of the following:

(A) Collections from sales made under letters of offer (or transfers made under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.)) of munitions acquired using amounts made available from the Fund pursuant to this section, representing the value of such items calculated, as applicable, in accordance with—

(i) subparagraph (B) or (C) of section 21(a)(1) of the Arms Export Control Act (22 U.S.C. 2761(a)(1);

(ii) section 22 of the Arms Export Control Act (22 U.S.C. 2762); or

(iii) section 644(m) of the Foreign Assistance Act of 1961 (22 U.S.C. 2403).

(B) Such amounts as may be appropriated pursuant to the authorization under this section or otherwise made available for the purposes of the Fund.

(C) Not more than $500,000,000 may be transferred to the Fund for any fiscal year, in accordance with subsection (e), from amounts authorized to be appropriated by this Act for the Department in such amounts as the Secretary determines necessary to carry out the purposes of this section, which shall remain available until expended. The transfer authority provided by this paragraph is in addition to any other transfer authority available to the Secretary.

(2) CONTRIBUTIONS FROM FOREIGN GOVERNMENTS.—

(A) IN GENERAL.—Subject to subparagraph (B), the Secretary of Defense may accept contributions of amounts to the Fund from any foreign government or international organization. Any amounts so accepted shall be credited to the Ukraine Critical Munitions Acquisition Fund and shall be available for use as authorized under subsection (b).

(B) LIMITATION.—The Secretary may not accept a contribution under this paragraph if the acceptance of the contribution would compromise, or appear to compromise, the integrity of any program of the Department of Defense.

(C) NOTIFICATION.—If the Secretary accepts any contribution under this paragraph, the Secretary shall notify the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives. Such notice shall specify the source and amount of any contribution so accepted and the use of any amount so accepted.

(e) Notification.—

(1) IN GENERAL.—No amount may be transferred pursuant to subsection (d)(1)(C) until the date that is 15 days after the date on which the Secretary provides 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) notice in writing of the amount and purpose of the proposed transfer; and

(B) a description of how the Secretary intends to use the munitions acquired under this section to meet national defense requirements as specified in subsection (f)(1)(A).

(2) AMMUNITION PURCHASES.—No amounts in the Fund may be used to purchase ammunition, as authorized by this Act, until the date that is 15 days after the date on which the Secretary notifies the congressional defense committees in writing of the amount and purpose of the proposed purchase.

(3) FOREIGN TRANSFERS.—No munition purchased using amounts in the Fund may be transferred to a foreign country until the date that is 15 days after the date on which the Secretary notifies the congressional defense committees in writing of the proposed transfer.

(f) Limitations.—

(1) LIMITATION ON TRANSFER.—No munition acquired by the Secretary of Defense using amounts made available from the Fund pursuant to this section may be transferred to any foreign country unless such transfer is authorized by the Arms Export Control Act (22 U.S.C. 2751 et seq.), the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), or other applicable law, except as follows:

(A) The Secretary of Defense, with the concurrence of the Secretary of State, may authorize the use by the Department of Defense of munitions acquired under this section prior to transfer to a foreign country, if such use is necessary to meet national defense requirements and the Department bear the costs of replacement and transport, maintenance, storage, and other such associated costs of such munitions.

(B) Except as required by subparagraph (A), amounts made available to the Fund may be used to pay for storage, maintenance, and other costs related to the storage, preservation and preparation for transfer of munitions acquired under this section prior to their transfer, and the administrative costs of the Department of Defense incurred in the acquisition of such items, to the extent such costs are not eligible for reimbursement pursuant to section 43(b) of the Arms Export Control Act (22 U.S.C. 2792(b)).

(2) CERTIFICATION REQUIREMENT.—

(A) IN GENERAL.—No amounts in the Fund may be used pursuant to this section unless the President—

(i) certifies to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate that the Special Defense Acquisition Fund established pursuant to chapter 5 of the Arms Export Control Act (22 U.S.C. 2795 et seq.) cannot be used to fulfill the same functions and objectives for which such amounts to be made available from the Fund are to be used; and

(ii) includes in such certification a justification therefor, which may be included in a classified annex, if necessary.

(B) NON-DELEGATION.—The President may not delegate any responsibility of the President under subparagraph (A).

(g) Termination.—The authority for the Fund under this section shall expire on December 31, 2024.

SEC. 1710. Quarterly briefings on replenishment and revitalization of stocks of defensive and offensive weapons provided to Ukraine.

(a) Quarterly briefings.—The Secretary of Defense shall provide to the congressional defense committees quarterly briefings, in accordance with subsection (b), on the progress of the Department of Defense toward replenishing and sustaining the production capacity and stocks of covered weapons that have been delivered to Ukraine as part of the effort to—

(1) support Ukraine’s resistance against Russian aggression; and

(2) buy down strategic risks.

(b) Elements of briefings.—

(1) BRIEFINGS ON US WEAPONS.—The Secretary of Defense shall provide to the congressional defense committees quarterly briefings that include each of the following:

(A) A timeline and budgetary estimate for developing and procuring replacement stocks of covered weapons for the United States.

(B) An identification of any opportunities to allow vendors to compete for agreements to produce next-generation weapons.

(C) An analysis of risks within the industrial base that provides support for covered weapons, and detailed options to mitigate those risks.

(D) A discussion of options to maximize competition among providers of covered weapons and components thereof, and an identification of any gaps in legal authority to pursue and achieve the objectives of maximizing competition and replenishing and sustaining the production capacity of covered weapons.

(E) An update on the use of the authorities of the Department of Defense to replenish and sustain the production capacity and stocks of covered weapons referred to in subsection (a).

(2) BRIEFING ON WEAPONS 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 a briefing on the plan to use authorities for—

(A) developing and procuring replacement stocks of covered weapons for allies and partners of the United States; and

(B) advancing the replenishment of weapons for such allies and partners that have provided, or are contemplating providing, such weapons to Ukraine.

(c) Covered weapon.—In this section, the term “covered weapon” means any weapon other than a covered system, as that term is defined in section 1703(d).

(d) Termination.—The requirement to provide quarterly briefings under subsection (b)(1) shall terminate on December 31, 2026.

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. 2003. Effective date and automatic execution of conforming changes to tables of sections, tables of contents, and similar tabular entries.

(a) Effective date.—Titles XXI through XXVII shall take effect on the later of—

(1) October 1, 2022; or

(2) the date of the enactment of this Act.

(b) Elimination of need for certain separate conforming amendments.—

(1) AUTOMATIC EXECUTION OF CONFORMING CHANGES.—When an amendment made by a provision of this division to a covered defense law adds a section or larger organizational unit to the covered defense law, repeals or transfers a section or larger organizational unit in the covered defense law, or amends the designation or heading of a section or larger organizational unit in the covered defense law, that amendment also shall have the effect of amending any table of sections, table of contents, or similar table of tabular entries in the covered defense law to alter the table to conform to the changes made by the amendment.

(2) EXCEPTIONS.—Paragraph (1) shall not apply to an amendment described in such paragraph when—

(A) the amendment, or a separate clerical amendment enacted at the same time as the amendment, expressly amends a table of sections, table of contents, or similar table of tabular entries in the covered defense law to alter the table to conform to the changes made by the amendment; or

(B) the amendment otherwise expressly exempts itself from the operation of this section.

(3) COVERED DEFENSE LAW.—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

SEC. 2004. Directing the Secretary of Defense to continue military housing reforms.

(a) In general.—The Secretary of Defense shall consider—

(1) partnerships with innovative housing production companies to build cost-effective multi-family housing that is energy efficient and improve energy resiliency in order to increase the supply of affordable housing available to active duty members of the Armed Forces; or

(2) purchasing multiple multi-family housing if this results in an additional lower cost.

(b) Report.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall report to Congress on the considerations under subsection (a).

(c) Innovative housing production company defined.—In this section, the term “innovative housing production company” means a company that offers housing in an area for which the costs per unit is lower than the cost per unit of other housing in the area that meets Federal, State, and local housing standards, based on quality, accessibility, and durability.

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
Colorado	Fort Carson	$14,200,000
Louisiana	Fort Polk	$32,000,000
North Carolina	Fort Bragg	$34,000,000
New Jersey	Picatinny Arsenal	$3,654,000
Pennsylvania	Letterkenny Army Depot	$38,000,000
Texas	Corpus Christi Army Depot	$103,000,000
	Fort Bliss	$15,000,000
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
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 Construction	$57,000,000
Italy	Vincenza	Family Housing New Construction	$95,000,000

(b) Planning and design.—Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $17,339,000.

SEC. 2103. Authorization of appropriations, Army.

(a) Authorization of appropriations.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2022, for military construction, land acquisition, and military family housing functions of the Department of the Army as specified in the funding table in section 4601.

(b) Limitation on total cost of construction projects.—Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2101 may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.

SEC. 2104. Demolition of District of Columbia Fort McNair Quarters 4, 13, and 15.

Not later than one year after the date on which all the individuals occupying District of Columbia Fort McNair Quarters 4, 13, and 15, as of the date of the enactment of this Act, have moved out of such Quarters, the Secretary of the Army shall demolish such Quarters.

SEC. 2105. Modification of authority to carry out certain fiscal year 2019 project.

In the case of the authorization contained in the table in section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2019 (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 of authority to carry out certain fiscal year 2018 projects.

(a) Extension.— (1) Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1817), the authorization set forth in the table in paragraph (2), as provided in section 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.

(2) The table referred to in paragraph (1) is as follows:

Army: Extension of 2018 Project Authorization
Country	Installation or Location	Project	Original Authorized Amount
Korea	Kunsan Air Base	Unmanned Aerial Vehicle Hangar	$53,000,000

(b) Army family housing.— (1) Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1817), the authorization set forth in the table in paragraph (2), as provided in section 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.

(2) The table referred to in paragraph (1) is as follows:

Army: Extension of 2018 Project Authorization
Country	Installation or Location	Project	Original Authorized Amount
Kwajalein	Kwajalein Atoll	Family Housing Replacement Construction	$31,000,000

SEC. 2107. Modification of authority to carry out certain fiscal year 2018 projects.

(a) 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—

(1) construct the hangar at Camp Humphries, Korea; and

(2) 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.

(b) 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”.

SEC. 2201. Authorized Navy construction and land acquisition projects.

(a) Inside the United States.—Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:

Navy: Inside the United States
State	Installation or Location	Amount
California	Marine Corps Base Ground Combat Center Twentynine Palms	$120,382,000
	Marine Corps Base Camp Pendleton	$85,210,000
	Naval Air Station Lemoore	$201,261,000
	Naval Base Point Loma	$56,450,000
Connecticut	Naval Submarine Base New London	$15,514,000
Florida	Naval Air Station Jacksonville	$86,232,000
	Naval Air Station Whiting Field	$57,789,000
Georgia	Naval Submarine Base Kings Bay	$279,171,000
Guam	Marine Corps Base Camp Blaz	$330,589,000
Hawaii	Marine Corps Base Kaneohe Bay	$87,930,000
	Joint Base Pearl Harbor- Hickam	$3,637,692,000
North Carolina	Marine Corps Air Station Cherry Point	$38,415,000
	Marine Corps Base Camp Lejeune	$47,475,000
Nevada	Naval Air Station Fallon	$97,865,000
Virginia	Naval Station Norfolk	$16,863,000
Washington	Naval Air Station Whidbey Island	$37,461,000

(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 installation outside the United States, and in the amount, set forth in the following table:

Navy: Outside the United States
Country	Installation or Location	Amount
Australia	Royal Australian Air Base Darwin	$258,831,000
Japan	Kadena Air Base	$195,400,000

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 Anderson	Family housing new construction	$248,634,000

(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 $24,224,000.

SEC. 2203. Authorization of appropriations, Navy.

(a) Authorization of appropriations.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2022, for military construction, land acquisition, and military family housing functions of the Department of the Navy, as specified in the funding table in section 4601.

(b) Limitation on total cost of construction projects.—Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2201 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.

SEC. 2204. Extension of authority to carry out certain fiscal year 2018 project.

(a) Extension.—Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1817), the authorization set forth in the table in subsection (a), as provided in section 2201(a) of that Act (131 Stat. 1822), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later.

(b) Table.—The table referred to in subsection (a) is as follows:

Navy: Extension of 2018 Project Authorization
Country	Installation or Location	Project	Original Authorized Amount
Guam	Joint Region Marianas	Navy-Commercial Tie-in Hardening	$37,180,000

SEC. 2205. Transfer of customers from electrical utility system of the Navy 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 Hawaii Electric.

(b) Facilitation of transfer.—To facilitate the transfer of customers described in subsection (a), the Secretary of the Navy shall provide the following to the State of Hawaii:

(1) A load analysis and design necessary to complete such transfer.

(2) Such rights of way and easements as may be necessary to support the construction of replacement electrical infrastructure.

(c) Disposal of Navy electrical system.—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.

(d) Authority for third-party agreement.—The Secretary of the Navy may enter into a cooperative agreement or other appropriate instrument with a non-Department of Defense entity under which—

(1) such entity shall agree to facilitate the transfer of customers under subsection (a); and

(2) subject to the availability of appropriations for such purpose, the Secretary of the Navy shall agree to reimburse such entity for the reasonable costs of such transfer.

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
Alaska	Clear Air Force Station	$68,000,000
Alabama	Maxwell Air Force Base	$15,000,000
California	Travis Air Force Base	$7,500,000
	Vandenberg Air Force Base	$89,000,000
Florida	Patrick Space Force Base	$97,000,000
Hawaii	Kirtland Air Force Base, Maui Experimental Site	$89,000,000
Ohio	Wright-Patterson Air Force Base	$29,000,000
Oklahoma	Altus Air Force Base	$4,750,000
	Tinker Air Force Base	$43,600,000
South Carolina	Shaw Air Force Base	$10,000,000
South Dakota	Ellsworth Air Force Base	$328,000,000
Tennessee	Arnold Air Force Base	$38,000,000
Texas	Joint Base San Antonio-Randolph	$29,000,000
Utah	Hill Air Force Base	$84,000,000
Wyoming	F.E. Warren Air Force Base	$176,000,000

(b) Outside the United States.—Using amounts appropriated pursuant to the authorization of appropriations in section 230_(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:

Air Force: Outside the United States
Country	Installation or Location	Amount
Hungary	Papa Air Base	$71,000,000
Iceland	Keflavik	$94,000,000
Italy	Aviano Air Base	$46,500,000
Japan	Kadena Air Base	$307,000,000
Jordan	Azraq Air Base	$50,000,000
Norway	Rygge	$8,200,000
Spain	Moron Air Base	$29,000,000

SEC. 2302. Family housing and improvements to military family housing units.

(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 230_(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 $230,058,000.

(b) Planning and design.—Using amounts appropriated pursuant to the authorization of appropriations in section 230_(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 $2,730,000.

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 may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.

SEC. 2304. Extension of authority to carry out certain fiscal year 2018 projects.

(a) Extension.—

(1) EXTENSION.—Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1817), the authorizations set forth in the table in paragraph (2), as provided in section 2301(a) of that Act (131 Stat. 1825), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later.

(2) TABLE.—The table referred to in paragraph (1) is as follows:

Air Force: Extension of 2018 Project Authorizations
State	Installation or Location	Project	Original 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 Facility	$18,500,000
Wyoming	F. E. Warren Air Force Base	Consolidated Helo/TRF Ops/AMU and Alert Fac.	$62,000,000

(b) Overseas contingency operations.—

(1) EXTENSION.—Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1817), the authorizations set forth in the table in paragraph (2), as provided in section 2903 of that Act (131 Stat. 1876), 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
Country	Installation or Location	Project	Original Authorized Amount
Hungary	Kecskemet Air Base	ERI: Airfield Upgrades	$12,900,000
	Kecskemet Air Base	ERI: Construct Parallel Taxiway	$30,000,000
	Kecskemet Air Base	ERI: Increase POL Storage Capacity	$12,500,000
Luxembourg	Sanem	ERI: ECAOS Deployable Airbase System Storage	$67,400,000
Slovakia	Malacky	ERI: Airfield Upgrades	$4,000,000
	Malacky	ERI: Increase POL Storage Capacity	$20,000,000
	ERI: Airfield Upgrades	Construct Combat Arms Training and Maintenance Facility	$22,000,000

SEC. 2305. Modification of authority to carry out certain fiscal year 2021 project.

In the case of the authorization contained in the table in section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. 4299) for Hill Air Force Base, Utah, for construction of GBSD Organic Software Sustainment Center, the Secretary of the Air Force may construct—

(1) up to 7,526 square meters of Surface Parking Lot in lieu of constructing a 13,434 square meters vehicle parking garage; and

(2) up to 402 square meters of Storage Igloo.

SEC. 2306. Modification of authority to carry out certain military construction projects at Tyndall Air Force Base, Florida.

In the case of the authorization contained in section 2912(a) of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 133 Stat. 1913) for Tyndall Air Force Base, Florida—

(1) for construction of Lodging Facilities Phases 1-2, as specified in such funding table and modified by section 2306(a)(7) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. 4302), the Secretary of the Air Force may construct two emergency backup generators;

(2) for construction of Dorm Complex Phases 1-2, as specified in such funding table and modified by section 2306(a)(8) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. 4302), the Secretary of the Air Force may construct an emergency backup generator;

(3) for construction of Site Development, Utilities, and Demo Phase 2, as specified in such funding table and modified by section 2306(a)(6) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. 4302), the Secretary of the Air Force may construct—

(A) up to 6,248 lineal meters of storm water utilities;

(B) up to 55,775 square meters of roads;

(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).

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
California	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 installation or location outside the United States, and in the amount, set forth in the following table:

Defense Agencies: Outside the United States
Country	Installation or Location	Amount
Germany	Baumholder	$149,023,000
Japan	Yokota Air Base	$72,154,000

SEC. 2402. Authorized Energy Resilience and Conservation Investment Program projects.

(a) Inside the United States.—Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations inside the United States, and in the amounts, set forth in the following table:

ERCIP Projects: Inside the United States
State	Installation or Location	Amount
Alabama	Redstone Arsenal	$10,700,000
California	Marine Corps Mountain Warfare Training Center Bridgeport	$25,560,000
	Naval Base Ventura County, PT Magu	$13,360,000
Florida	Naval Air Station Jacksonville	$2,400,000
	Patrick Space Force Base	$18,000,000
Georgia	Fort Stewart-Hunter Army Airfield	$25,400,000
	Naval Submarine Base Kings Bay	$11,200,000
Guam	Naval Base Guam	$34,360,000
Hawaii	Joint Base Pearl Harbor- Hickam	$25,000,000
Kansas	Fort Riley	$25,780,000
Maryland	Fort George G. Meade	$23,310,000
Texas	Fort Hood	$31,500,000
	U.S. Army Reserve Center, Conroe	$9,600,000
Virginia	Naval Support Activity, Hampton Roads	$22,400,000
	NCE Springfield, Fort Belvoir	$1,100,000

(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 Lemmonier	$24,000,000
Japan	Kadena Air Base	$780,000
Kuwait	Camp Arifjan	$26,850,000
Norway	Rygge	$8,200,000
Spain	Moron Air Base	$29,000,000

SEC. 2403. Authorization of appropriations, Defense Agencies.

(a) Authorization of appropriations.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2022, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments), as specified in the funding table in section 4601.

(b) Limitation on total cost of construction projects.—Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2401 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), 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 2017 Project Authorization
Country	Installation	Project	Original Authorized Amount
Japan	Iwakuni	Construct Bulk Storage Tanks PH 1	$30,800,000
Puerto Rico	USCG Station; Punta Borinquen	Ramey Unit School Replacement	$61,071,000

SEC. 2501. Authorized NATO construction and land acquisition projects.

The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount not to exceed the sum of the amount authorized to be appropriated for this purpose in section 2502 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States.

SEC. 2502. Authorization of appropriations, NATO.

Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2022, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501 as specified in the funding table in section 4601.

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
Component	Installation or Location	Project	Amount
Army	Camp Humphreys	Quartermaster Laundry/Dry Cleaner Facility	$24,000,000
Army	Camp Humphreys	MILVAN CONNEX Storage Yard	$20,000,000
Navy	Camp Mujuk	Replace Ordnance Storage Magazines	$150,000,000
Navy	Fleet Activities Chinhae	Water Treatment Plant Relocation	$6,000,000
Air Force	Gimhae Air Base	Refueling Vehicle Shop	$8,800,000
Air Force	Osan Air Base	Combined Air and Space Operations Intelligence Center	$306,000,000
Air Force	Osan Air Base	Upgrade Electrical Distribution West, Phase 3	$235,000,000

SEC. 2512. Repeal of authorized approach to certain construction project.

Section 2511 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81; 135 Stat. 2177) is amended—

(1) by striking “(a) Authority to accept projects.—”; and

(2) by striking subsection (b).

SEC. 2601. Authorized Army National Guard construction and land acquisition projects.

Using amounts appropriated pursuant to the authorization of appropriations in section 2605 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 installations or locations inside the United States, and in the amounts, set forth in the following table:

Army National Guard
State	Installation or Location	Amount
Delaware	New Castle	$16,000,000
Florida	Palm Coast	$12,000,000
	Camp Blanding	$24,700,000
Hawaii	Kapolei	$29,000,000
Iowa	West Des Moines	$15,000,000
Indiana	Atlanta	$20,000,000
Michigan	Camp Grayling	$16,000,000
Minnesota	New Ulm	$17,000,000
North Carolina	McLeansville	$15,000,000
Nevada	Reno	$18,000,000
New York	Troy	$17,000,000
Vermont	Bennington	$14,800,000
West Virginia	Buckhannon	$14,000,000
Wyoming	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 installations or locations inside the United States, and in the amounts, set forth in the following table:

Army Reserve
State	Installation or Location	Amount
Florida	Perrine	$46,000,000
Puerto Rico	Fort Buchanan	$24,000,000

SEC. 2603. 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 installations or locations inside the United States, and in the amounts, set forth in the following table:

Air National Guard
State	Installation or Location	Amount
Alabama	Birmingham International Airport	$7,500,000
Arizona	Morris Air National Guard Base	$12,000,000
	Tucson International Airport	$10,000,000
Florida	Jacksonville International Airport	$22,200,000
Indiana	Fort Wayne International Airport	$12,800,000
Tennessee	Mcghee-Tyson Airport	$23,800,000

SEC. 2604. Authorized Air Force Reserve construction and land acquisition projects.

Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations inside the United States, and in the amounts, set forth in the following table:

Air Force Reserve
State	Installation	Amount
California	Beale Air Force Base	$33,000,000
Virginia	Joint Base Langley-Eustis	$10,500,000

SEC. 2605. 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. 2606. 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”;

(2) in the item relating to Jerome National Guard Armory, Idaho, by striking “Jerome National Guard Armory” and inserting “Jerome”;

(3) in the item relating to Nickell Memorial Armory Topeka, Kansas, by striking “Nickell Memorial Armory Topeka” and inserting “Topeka”;

(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”;

(5) in the item relating to Camp Grayling, Michigan, by striking “Camp Grayling” and inserting “Grayling”;

(6) in the item relating to Butte Military Entrance Testing Site, Montana, by striking “Butte Military Entrance Testing Site” and inserting “Butte”;

(7) in the item relating to Mead Army National Guard Readiness Center, Nebraska, by striking “Mead Army National Guard Readiness Center” and inserting “Mead Training Site”;

(8) in the item relating to Dickinson National Guard Armory, North Dakota, by striking “Dickinson National Guard Armory” and inserting “Dickinson”;

(9) in the item relating to Bennington National Guard Armory, Vermont, by striking “Bennington National Guard Armory” and inserting “Bennington”; and

(10) in the item relating to Camp Ethan Allen Training Site, Vermont, by striking “Camp Ethan Allen Training Site” and inserting “Ethan Allen Air Force Base TS”.

SEC. 2607. Extension of authority to carry out certain fiscal year 2018 projects.

(a) Extension.—Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1817), the authorizations set forth in the table in subsection (b), as provided in section 2604 of that Act (131 Stat. 1836), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later.

(b) Table.—The table referred to in subsection (a) is as follows:

Air Force: Extension of 2018 Project Authorizations
State	Installation or Location	Project	Original Authorized Amount
Indiana	Hulman Regional Airport	Construct Small Arms Range	$8,000,000
South Dakota	Joe Foss Field	Aircraft Maintenance Shops	$12,000,000
Wisconsin	Dane County Regional/Airport Truax Field	Construct Small Arms Range	$8,000,000

SEC. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account.

Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2022, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account established by section 2906 of such Act (as amended by section 2711 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2140)), as specified in the funding table in section 4601.

SEC. 2702. Authorization to fund certain demolition and removal activities through Department of Defense Base Closure Account.

(a) In general.—Section 2906(c)(1) of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note) is amended by adding at the end the following new subparagraph:

“(E) To carry out the demolition or removal of any building or structure under the control of the Secretary of the Navy that is not designated as historic under a Federal, State, or local law and is located on a military installation closed or realigned under a base closure law (as such term is defined in section 101 of title 10, United States Code) at which the sampling or remediation of radiologically contaminated materials has been the subject of substantiated allegations of fraud, without regard to—

“(i) whether the building or structure is radiologically impacted; or

“(ii) whether such demolition or removal is carried out, as part of a response action or otherwise, under the Defense Environmental Restoration Program specified in subparagraph (A) or CERCLA (as such term is defined in section 2700 of title 10, United States Code).”.

(b) Funding.—The amendment made by this section may only be carried out using funds authorized to be appropriated in the table in section 4601.

SEC. 2801. 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, is 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. 2802. 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:

“§ 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 Department of Defense Form 1391 submitted to the appropriate committees of Congress for a military construction project covered by subsection (a), the Secretary of Defense shall include the following information:

“(1) The project title.

“(2) The location of the project.

“(3) A brief description of the scope of work.

“(4) The original project cost estimate and the current working cost estimate, if different.

“(5) Such other information as the Secretary considers appropriate.

“(c) Application to military construction projects.—This section shall apply to military construction projects covered by subsection (a) for which a Department of Defense Form 1391 is submitted to the appropriate committees of Congress in connection with the budget of the Department of Defense for fiscal year 2023 and thereafter.”.

(b) Clerical amendment.—The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 2809 the following new item:

“2810. Military construction projects for innovation, research, development, test, and evaluation.”.

SEC. 2803. Further clarification of requirements related to authorized cost and scope of work variations.

(a) Clarifications and technical corrections relating to exceptions to cost variation and scope of work.—Subsection (c)(1) of section 2853 of title 10, United States Code, as amended by section 2802 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81), is further amended—

(1) by striking subparagraph (A) and inserting the following new subparagraph (A):

“(A) The Secretary concerned may waive the percentage or dollar cost limitation applicable to a military construction project or a military family housing project under subsection (a) and approve an increase in the cost authorized for the project in excess of that limitation only if—

“(i) the total cost of the project is less than $500,000,000;

“(ii) the cost increase is an amount equal to or less than 50 percent of the original authorized amount; and

“(iii) the Secretary notifies the appropriate committees of Congress of such waiver and approval in the manner provided in this paragraph.”; and

(2) by striking subparagraph (D) and redesignating subparagraph (E) as subparagraph (D).

(b) Technical correction related to exceptions to limitation on scope of work increases.—Subsection (d)(4) of such section, as so amended, is further amended by striking “and approve an increase in the scope of work for the project that would increase the scope of work”.

SEC. 2804. Use of operation and maintenance funds for certain construction projects outside the United States.

(a) Permanent authority.—Subsection (a) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1723), as amended, including most recently by section 2806 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81), is amended—

(1) 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,”;

(2) by inserting “outside the United States” after “construction project”; and

(3) 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”.

(b) Conforming amendments.—Such section is further amended—

(1) in subsection (b), by striking “subsection (f)” and inserting “subsection (d)”;

(2) by striking subsection (e);

(3) by redesignating subsections (f) and (g) as subsections (d) and (e), respectively;

(4) in subsection (e), as so redesignated, by striking “subsection (f)” and inserting “subsection (d)”; and

(5) by striking subsections (h) and (i).

(1) The section heading for such section is amended—

(A) by striking “Temporary, limited”; and

(B) by inserting “certain” before “construction projects”.

(2) The subsection heading for subsection (a) of such section is amended by striking “Temporary authority” and inserting “In general”.

(d) Classification.—The Law Revision Counsel is directed to classify section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1723), as amended by subsection (a), as a note following section 2804 of title 10, United States Code.

SEC. 2805. Increase in maximum approved cost of unspecified minor military construction projects.

Section 2805(a)(2) of title 10, United States Code, is amended by striking “$6,000,000” and inserting “$12,000,000”.

SEC. 2806. Increase in unspecified minor military construction authority for laboratory revitalization projects.

(a) Laboratory revitalization.—Subsection (d) of section 2805 of title 10, United States Code, is amended—

(1) in paragraph (1), by striking “$6,000,000” both places it appears and inserting “$12,000,000”;

(2) in paragraph (2), by striking “$6,000,000” and inserting “$12,000,000, incrementally across multiple fiscal years”; and

(3) by striking paragraph (5).

(b) Adjustment of dollar limitations for location.—Subsection (f) of such section is amended—

(1) by striking “$10,000,000” and inserting “$12,000,000”; and

(2) by striking subparagraph (3).

SEC. 2807. Permanent application of dollar limits for location and application to projects outside the United States.

Section 2805 of title 10, United States Code, is amended by striking subsection (f) and inserting the following new subsection (f):

“(f) Adjustment of dollar limits for location.—Each fiscal year, the Secretary concerned shall adjust the dollar limitations specified in this section applicable to an unspecified minor military construction project to reflect the area construction cost index for military construction projects published by the Department of Defense during the prior fiscal year for the location of the project, except that no limitation specified in this section may exceed $16,000,000 as the result of any adjustment made under this paragraph.”.

SEC. 2808. Prohibition on availability of funds for special operations forces military construction.

(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 for the Commander of Special Operations Command for military construction in Baumholder, Germany.

(b) Waiver.—

(1) IN GENERAL.—The Secretary of Defense may waive the prohibition under subsection (a) if the Secretary—

(A) determines that such a waiver is in the national security interests of the United States; and

(B) not later than 14 days after issuing the waiver, submits to the congressional defense committees a detailed justification for the waiver in accordance with paragraph (2).

(2) ELEMENTS.—A justification under paragraph (1)(B) shall include each of the following:

(A) The determination of the Secretary that none of the following countries would provide preferable host nation funding for an equivalent project in such country:

(i) Romania.

(ii) Poland.

(iii) Latvia.

(iv) Estonia.

(v) Lithuania.

(B) The determination of the Secretary that hosting such forces in Germany would provide greater deterrence or greater operational utility than host nation support in Romania, Poland, Latvia, Estonia or Lithuania.

(D) Any other information the Secretary determines appropriate.

SEC. 2809. Requirements relating to certain military construction projects.

(a) Supervision of military construction projects.—

(1) IN GENERAL.—Section 2851 of title 10, United States Code, is amended—

(A) in subsection (c)(1), by inserting “or appropriated” after “funds authorized” each place such term appears;

(B) in subsection (c)(2)—

(i) in subparagraph (A), by inserting “, deadline for bid submissions,” after “solicitation date”;

(ii) in subparagraph (B), by inserting “(including the address of such recipient)” after “contract recipient”; and

(iii) by adding at the end the following new subparagraphs:

“(H) Any subcontracting plan required under paragraph (4) or (5) of section 8(d) of the Small Business Act (15 U.S.C. 637(d)) for the project submitted by the contract recipient to the Secretary of Defense.

“(I) A detailed written statement describing and justifying any exception applied or waiver granted under—

“(i) chapter 83 of title 41;

“(ii) section 4862 of this title; or

“(iii) section 4863 of this title.”; and

“(4) The information required to be published on the Internet website under subsection (c) shall constitute a record for the purposes of chapters 21, 29, 31, and 33 of title 44.”.

(2) FEDERAL PROCUREMENT DATA SYSTEM.—The Secretary of Defense shall ensure that there is a clear and unique indication of any covered contract with subcontracting work of an estimated value of $250,000 or more in the Federal Procurement Data System established pursuant to section 1122(a)(4) of title 41, United States Code (or any successor system).

(b) Increased transparency and public availability of information regarding solicitation and award of subcontracts under military construction contracts.—

(1) AVAILABILITY OF CERTAIN INFORMATION RELATING TO MILITARY CONSTRUCTION SUBCONTRACTS.—Section 2851 of title 10, United States Code, is amended—

(A) by redesignating subsection (d) as subsection (g);

(B) by inserting after subsection (c) (as amended by this section) the following new subsections:

“(d) Information and notice requirements regarding solicitation and award of subcontracts.—

“(1) The recipient of a contract for a construction project described in subsection (c)(1) to be carried out in a State shall make publicly available on a website of the General Services Administration or the Small Business Administration, as applicable, any solicitation made by the contract recipient under the contract for a subcontract with an estimated value of $250,000 or more.

“(2) The Secretary of Defense shall—

“(A) maintain on the Internet site required by subsection (c)(1) information regarding the solicitation date and award date (or anticipated date) for each subcontract described in paragraph (1); and

“(B) submit written notice of the award of the original contract for a project described in subsection (c)(1) to be carried out in a State, and each subcontract described in paragraph (1) under the contract, to each State agency that enforces workers’ compensation or minimum wage laws in the State in which the contract or subcontract will be carried out.

“(e) Congressional notification.—In the case of the award of a contract for a project described in subsection (c)(1) to be carried out in a State, and any subcontract described in subsection (d)(1) under the contract, where such award has an estimated value of $2,000,000 or more, the Secretary of Defense shall submit written notice of such award within 30 days after the award to each Senator of the State in which the contract or subcontract will be carried out and the Member of the House of Representatives representing the congressional district in which the contract or subcontract will be carried out.

“(f) Exclusion of classified projects.—Subsections (c), (d), and (e) do not apply to a classified construction project otherwise described in subsection (c)(1).”; and

“(h) Definitions.—In this section:

“(1) The term ‘Member of the House of Representatives’ includes a Delegate to the House of Representatives and the Resident Commissioner from Puerto Rico.

“(2) The term ‘State’ means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.”.

(2) APPLICABILITY.—Subsections (d) and (e) of section 2851 of title 10, United States Code, as added by subsection (ba)(2), shall apply with respect to a contract for a construction project described in subsection (c)(1) of such section that—

(A) is entered into on or after the date of the enactment of this Act; or

(B) was entered into before the date of the enactment of this Act, if the first solicitation made by the contract recipient under the contract for a subcontract with an estimated value of $250,000 or more is made on or after the date of the enactment of this Act.

(c) Requirements relating to the award of covered military construction contracts.—Subchapter III of chapter 169 of title 10, United States Code, is amended by inserting after section 2851a the following new section:

“§ 2851b. Requirements relating to the award of covered military construction contracts

“(a) Publication of certain information relating to covered military construction contracts.—A contractor that has been awarded a covered military construction contract shall—

“(1) make publicly available on a website of the General Services Administration or the Small Business Administration, as applicable, any solicitation under that covered military construction contract for a subcontract of an estimated value of $250,000 or more; and

“(2) submit written notification of the award of the covered military construction contract, and of any subcontract awarded under the covered military construction contract, to the relevant agency of a covered State that enforces workers’ compensation or minimum wage laws in such covered State.

“(b) Notice.—Upon award of a covered military construction contract with an estimated value greater than or equal to $2,000,000, the Secretary concerned shall notify any applicable Member of Congress representing the covered State in which that covered military construction contract is to be performed of such award in a timely manner.”.

SEC. 2809A. 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 (h) (as added by section 2809 of this Act) as subsection (i);

(2) by redesignating subsection (g) (as designated by section 2809 of this Act) as subsection (h);

(3) by inserting after subsection (f) section 2809 of this Act (as added by the following new subsection:

“(g) 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 report shall include the following:

“(1) A determination of the overall funding intended to manage the supervision, inspection, and overhead of the military construction project.

“(2) An assessment of whether a Department of Defense Field Activity that shall directly report 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) Coforming 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;

(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”.

SEC. 2809B. Local hire requirements for military construction contracts.

(a) Local hire requirements.—

(1) IN GENERAL.—To the extent practicable, in awarding a covered contract, the Secretary concerned (as defined in section 101 of title 10, United States Code) shall give a preference to a person who certifies that at least 51 percent of the total number of employees hired to perform the covered contract (including any employees hired by a subcontractor (at any tier) for such covered contract) shall reside in the same State as, or within a 60-mile radius of, the location of the work to be performed pursuant to the covered contract.

(2) JUSTIFICATION REQUIRED.—The Secretary concerned shall prepare a written justification, and make such justification available on the Internet site required under section 2851(c) of title 10, United States Code, for the award of any covered contract to a person that is not described under paragraph (1).

(b) Licensing.—A contractor and any subcontractors (at any tier) performing a covered contract shall be licensed to perform the work under such covered contract in the State in which the work will be performed.

(c) Covered contract defined.—In this section, the term “covered contract” means a contract for a military construction project, military family housing project, or other project described in section 2851(c)(1) of title 10, United States Code.

SEC. 2811. Standardization of military installation Housing Requirements and Market Analyses.

(a) In general.—Subchapter II of chapter 169 of title 10, United States Code, is amended by inserting after section 2836 the following new section:

“§ 2837. Housing Requirements and Market Analysis

“(a) In general.—Not less frequently than once every five years, and in accordance with the requirements of this section, the Secretary concerned shall conduct a Housing Requirements and Market Analysis (in this section referred to as an ‘HRMA’) for each military installation under the jurisdiction of the Secretary 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 installations—

“(A) for which an HRMA has not been conducted for five years or longer; 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 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 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 such fiscal year.

“(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 the installation.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2836 the following new item:

“2837. Housing Requirements and Market Analysis.”.

(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 located in the United States.

(2) SUBMITTAL OF INFORMATION TO CONGRESS.—Not later than January 15, 2023, the Secretary concerned shall submit to the congressional defense committees a list of military installations for which the Secretary plans to conduct an HRMA during fiscal year 2023.

(d) Definitions.—In this section:

(1) The term “HRMA” means, with respect to a military installation, a structured analytical process under which an assessment is made of both the suitability and availability of the private sector rental housing market using assumed specific standards related to affordability, location, features, physical condition, and the housing requirements of the total military population of the installation.

(2) The term “Secretary concerned” has the meaning given that term in section 101(a)(9) of title 10, United States Code.

SEC. 2812. Notice requirement for MHPI ground lease extensions.

Section 2878 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(f) Notice of lease extensions.—Not later than 90 days before extending the term of any ground lease of property or facilities under this section, the Secretary concerned shall provide to the congressional defense committees notice in writing of the extension and a briefing. Such notice and briefing shall include each of the following:

“(1) A description of any material differences between the extended ground lease and the original ground lease, including with respect to—

“(A) the length of the term of the lease, as extended; and

“(B) any new provisions that materially affect the rights and responsibilities of the ground lessor or the ground lessee under the original ground lease.

“(2) The number of housing units or facilities subject to the ground lease that, during the lease extension, are to be—

“(A) constructed;

“(B) demolished; or

“(C) renovated.

“(3) 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.

“(4) The following information, displayed annually, for the five-year period preceding the date of the notice and briefing:

“(A) The debt-to-net operating income ratio for the property or facility subject to the ground lease.

“(B) The occupancy rates for the housing units subject to the ground lease.

“(C) An report on maintenance response times and completion of maintenance requests for the housing units subject to the ground lease.

“(D) The occupancy rates and debt-to-net operating income ratios of any other military privatized housing initiative projects managed by a company that controls, or that is under common control with, the ground lessee entering into the lease extension.”.

SEC. 2813. 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, the Secretary concerned shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing on military housing privatization projects under the jurisdiction of the Secretary. Such briefing shall include, for the 12-month period preceding the date of the briefing, each of the following:

“(1) The information described in paragraphs (1) through (14) of subsection (c) with respect to all military housing privatization projects under the jurisdiction of the Secretary.

“(2) A review of any such project that is expected to require the restructuring of a loan, including any public or private loan.

“(3) For any such project expected to require restructuring, a timeline for when such restructuring is expected to occur.

“(4) Such other information as the Secretary determines appropriate.”.

SEC. 2814. Privatization of Navy and Air Force transient housing.

(a) Privatization required.—Beginning on the date that is 11 years after the date of the enactment of this Act, the Secretary concerned shall begin the process of privatizing all transient housing in the United States under the jurisdiction of the Secretary concerned through the conveyance of the transient housing to one or more eligible entities. Such process shall be completed by not later than the date that is 15 years after the date of the enactment of this Act.

(b) Applicable privatization laws.—The Secretary concerned shall carry out this section using the authority provided by section 2872 of title 10, United States Code, consistent with subchapters IV and V of chapter 169 of such title.

(c) Limitations.—No Government direct loans, Government guarantees, or Government equity may be extended in consideration of any privatization carried out pursuant to subsection (a).

(d) Consultations.—In establishing a plan to carry out the privatization of transient housing pursuant to subsection (a), the Secretary concerned shall—

(1) consult with the Secretary of the Army; and

(2) to the greatest extent possible, incorporate into such plan the best practices and efficiencies of the Secretary of the Army in carrying out the privatization of transient housing under the jurisdiction of the Secretary of the Army.

(d) Report required.—Not later than one year after the date of the enactment of this Act, and annually thereafter until the privatization required under subsection (a) is complete, the Secretary concerned shall submit to the Committees on Armed Services of the Senate and House of Representatives a report that includes—

(1) detailed plans for the privatization of all transient housing under the jurisdiction of the Secretary; and

(2) timelines for conveyances and other critical milestones.

(e) Rule of construction.—Nothing in this section shall be construed to affect any transient housing or lodging program administered by the Coast Guard.

(f) Definitions.—In this section:

(1) The term “eligible entity” has the meaning given that term in section 2871 of title 10, United States Code.

(2) The term “transient housing” means lodging intended to be occupied by members of the Armed Forces on temporary duty.

(3) The term “Secretary concerned” means—

(A) the Secretary of the Navy, with respect to transient housing under the jurisdiction of the Secretary of the Navy; and

(B) the Secretary of the Air Force, with respect to transient housing under the jurisdiction of the Secretary of the Air Force.

SEC. 2815. Military housing feedback tool.

(a) In general.—The Secretary of Defense shall provide for a feedback tool, such as a rating system or similar mechanism, under which members of the Armed Forces and their spouses may anonymously identify, rate, and compare housing under the jurisdiction of the Department of Defense (including privatized military housing).

(b) Components.—The tool required under subsection (a) shall include the following components:

(1) The capability for users to—

(A) rate housing using multiple quality measures, including safety, the timeliness and quality of maintenance services, and the responsiveness of management;

(B) upload visual media, including images;

(D) submit an alert for potential major health risks, such as the potential presence of lead paint, asbestos, mold, hazardous materials contaminated or unsafe drinking water, or serious safety issues, such as potential problems with fire or carbon monoxide detection equipment.

(2) A comparison feature that can be used to compare ratings for different housing communities.

(3) Accessibility by members of the Armed Forces, their family members, and members of Congress.

(4) An educational feature to help users better identify potential environmental and safety hazards like lead paint, asbestos, mold and unsafe water, and potentially non-functional fire or carbon monoxide detection equipment for the purposes of protecting residents and submitting alerts described in paragraph (1)(D) for potential problems that may need urgent professional attention.

(c) Reporting requirement.—The Secretary of Defense shall submit to the appropriate congressional committees, and make available to the Secretary concerned, an annual report that includes a summary of the data collected using the feedback tool required under this section during the year covered by the report.

(d) Appropriate congressional committees.—In this section, the term “appropriate congressional committees” means—

(1) the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives; and

(2) the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate.

SEC. 2816. Screening and registry of individuals with health conditions resulting from unsafe housing units.

(a) In general.—Subchapter V of chapter 169 of title 10, United States Code, is amended by adding at the end the following new section:

“§ 2895. Screening and registry of individuals with health conditions resulting from unsafe housing units

“(a) Screening.—

“(1) IN GENERAL.—The Secretary of Defense, in consultation with appropriate scientific agencies as determined by the Secretary, shall ensure that all military medical treatment facilities screen eligible individuals for covered conditions.

“(2) ESTABLISHMENT OF PROCEDURES.—The Secretary may establish procedures through which screening under paragraph (1) may allow an eligible individual to be included in the registry under subsection (b).

“(b) Registry.—

“(1) IN GENERAL.—The Secretary of Defense shall establish and maintain a registry of eligible individuals who have a covered condition.

“(2) INCLUSION OF INFORMATION.—The Secretary shall include any information in the registry under paragraph (1) that the Secretary determines necessary to ascertain and monitor the health of eligible individuals and the connection between the health of such individuals and an unsafe housing unit.

“(3) PUBLIC INFORMATION CAMPAIGN.—The Secretary shall develop a public information campaign to inform eligible individuals about the registry under paragraph (1), including how to register and the benefits of registering.

“(c) Definitions.—In this section:

“(1) The term ‘covered condition’ means a medical condition that is determined by the Secretary of Defense to have resulted from residing in an unsafe housing unit.

“(2) The term ‘eligible individual’ means a member of the armed forces or a family member of a member of the armed forces who has resided in an unsafe housing unit.

“(3) The term ‘unsafe housing unit’ means a dwelling unit that—

“(A) does not meet the housing quality standards established under section 8(o)(8)(B) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(8)(B)); or

“(B) is not free from dangerous air pollution levels from mold.”.

(b) Clerical amendment.—The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 2894a the following new item:

“2895. Screening and registry of individuals with health conditions resulting from unsafe housing units.”.

SEC. 2817. Mandatory disclosure of presence of mold and health effects of mycotoxins before a lease is signed for privatized military housing.

(a) In general.—Subchapter V of chapter 169 of title 10, United States Code, is amended by inserting after section 2890 the following new section:

“§ 2890a. Disclosure of presence of mold and health effects of mycotoxins

“The Secretary of Defense shall require that each landlord, before signing a lease with a prospective tenant for a housing unit, disclose to such prospective tenant—

“(1) whether there is any mold present in the housing unit at levels that could cause harmful impacts on human health; and

“(2) information regarding the health effects of mycotoxins.”.

(b) Clerical amendment.—The table of sections for such subchapter is amended by inserting after the item relating to section 2890 the following new item:

“2890a. Disclosure of presence of mold and health effects of mycotoxins.”.

SEC. 2818. Modification of prohibition on ownership or trading of stocks in certain companies by certain officials of the Department of Defense.

Section 988(a) of title 10, United States Code, is amended by striking “if that company is one of the 10 entities awarded the most amount of contract funds by the Department of Defense in a fiscal year during the five preceding fiscal years” and inserting “if, during the preceding calendar year, the company received more than $1,000,000,000 in revenue from the Department of Defense, including through 1 or more contracts with the Department”.

SEC. 2821. 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:

“§ 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, and improvements to a covered FFRDC if the lease is to further the purposes of a contract between the Department of Defense and the covered FFRDC.

“(2) A lease entered into under paragraph (1) shall terminate on the earlier of the following dates:

“(A) The date that is 50 years after the date on which the Secretary enters into the lease.

“(B) The date of the termination or non-renewal of the contract between the Department of Defense and the covered FFRDC.

“(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 under this subsection shall revert to the United States upon the termination or non-renewal of the underlying land lease.

“(c) Covered FFRDC.—In this section, the term ‘covered FFRDC’ means a federally-funded research and development center that is sponsored by, and has entered into a contract with, the Department of Defense.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2668a the following new item:

“2669. Transfer of land and facilities to support contracts with federally-funded research and development centers.”.

SEC. 2822. Restoration or replacement of damaged, destroyed, or economically unrepairable facilities.

(a) Inclusion of appropriations account in congressional notification regarding funding.—Subsection (b) of section 2854 of title 10, United States Code, is amended by inserting “military construction appropriations account that is the” before “source of funds”.

(b) Economically unrepairable facilities.—Subsection (c)(1) of such section is amended—

(1) in the matter preceding subparagraph (A), by inserting “or is economically unrepairable” after “damaged or destroyed”;

(2) in subparagraph (A), by inserting “, or the situation that rendered the facility economically unrepairable,” after “facility”; and

(3) in subparagraph (B)(iii), by striking “damage to a facility rather than destruction” and inserting “a facility that has been damaged or rendered economically unrepairable rather than destroyed”.

SEC. 2823. Defense access road program enhancements to address transportation infrastructure in vicinity of military installations.

(a) In general.—Section 2816 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81) is amended—

(1) in subsection (b)—

(A) in paragraph (1), by striking “this Act” and inserting “the National Defense Authorization Act for Fiscal Year 2023”; and

(B) in paragraph (2), by striking “this Act” and inserting “the National Defense Authorization Act for Fiscal Year 2023”; and

(2) by adding at the end the following new subsections:

“(d) Petition for certification of roads as defense access roads.—

“(1) IN GENERAL.—Not later than October 1, 2023, the Secretary of Defense shall establish a formal mechanism under which—

“(A) a State, county, or municipality may petition the Secretary to certify roads as defense access roads under section 210 of title 23, United States Code; and

“(B) the Secretary shall respond, in writing, to any such petition by not later than 90 days after receiving the petition.

“(2) STATE DEFINED.—In this subsection, the term ‘State’ means any of the several States, the District of Columbia, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands.

“(e) Public availability of information.—The Secretary of Defense shall maintain and update regularly on an appropriate website of the Federal Government, a list of all roads certified as important to the national defense by the Secretary or by such other official as the President may designate. Such website shall include, for each such road, each of the following:

“(1) The military installation (as such term is defined in section 2687(g)(1) of title 10, United States Code) that is in closest proximity to the road.

“(2) The date on which the road was so certified.

“(3) Any fiscal year for which the President transmitted to Congress under section 1105 of title 31, United States Code, a budget request that included an amount for such road.

“(4) Any fiscal year for which Congress appropriated an amount for such road.

“(f) Treatment of classified information.—Nothing in subsection (d) or (e) shall be construed as a requirement for the Secretary of Defense to make publicly available any classified information.”.

(b) Report on defense access roads.—Section 2814(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417) is amended—

(1) by striking “April 1, 2009” and inserting “one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2023”; and

(2) by inserting before the period at the end the following: “and name any road that the commander of a military installation (as such term is defined in section 2687(g)(1) of title 10, United States Code) or the Secretary of a military department has recommended that the Secretary of Defense certify as a defense access road during the period beginning on April 1, 2009, and ending on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2023”.

(1) REPORT.—Not later than October 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 containing the results of a study on the advisability of designating each of the roads identified under paragraph (2) as defense access roads for purposes of section 210 of title 23, United States Code.

(2) ROADS IDENTIFIED.—The roads identified under this subsection are each of the following:

(A) For Beale Air Force Base, California:

(i) Chuck Yeager Road.

(ii) North Beale Road.

(iii) Spenceville Road, also known as Camp Beale Highway.

(iv) South Beale Road.

(B) For Travis Air Force Base, California:

(i) Air Base Parkway.

(ii) Canon Road.

(iii) Gate Road, including North Gate Road.

(iv) Petersen Road.

(v) Vanden Road.

SEC. 2824. Physical entrances to certain military installations.

The Secretary of Defense shall ensure that, to the extent practicable—

(1) each military installation in the United States has a designated main entrance that, at all times, is manned by at least 1 member of the Armed Forces or civilian employee of the Department of Defense;

(2) the location of each such designated main entrance is published on a publicly accessible Internet website of the Department;

(3) if a military installation in the United States 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 specified in paragraph (2); and

(4) the information published on the Internet website specified in paragraph (2) is reviewed and, as necessary, updated on a basis that is not less frequent than annually.

SEC. 2825. Improvements relating to access to military installations in United States.

(a) Additional categories for expedited access.—Chapter 159 of title 10, United States Code, is amended by adding at the end the following new section (and conforming the table of sections at the beginning of such chapter accordingly):

“§ 2698. Access to military installations: standards for entry to military installations in United States

“(a) Access to military installations in United States.— (1) The Secretary of Defense shall maintain access standards applicable to all military installations in the United States. Such standards shall require screening standards appropriate to the type of installation involved, the security level of the installation, the category of individuals authorized to visit the installation, and the level of access to be granted, including—

“(A) protocols and criteria to determine the fitness of the individual to enter an installation;

“(B) standards and methods for verifying the identity of the individual; and

“(C) other factors the Secretary determines appropriate.

“(2) In developing the standards under paragraph (1), the Secretary shall, with respect to military installations in the United States—

“(A) include procedures for recurring unescorted access to facilitate future visits to the installation for individuals who—

“(i) are non-Department of Defense personnel; and

“(ii) are determined to be eligible under such standards; and

“(B) ensure that access for such individuals is based on the use of credentials non-Department of Defense personnel already posses, to the extent practical.

“(3) Upon publication in the Federal Register of final regulations to carry out paragraph (1), the Secretary shall publish the standards set forth therein on a publicly accessible Internet website of the Department of Defense.

“(4) In carrying out this subsection, the Secretary shall seek to procure and field existing identification screening technology (including technology to enable the Secretary to validate other Federally recognized access credentials) and develop additional technology only to the extent necessary to assist commanders of military installations in the United States in implementing the standards under paragraph (1) at points of entry for such installations.

“(b) Pre-arrival registration and screening protocol for access to military installations in United States.—The Secretary shall ensure that the standards under subsection (a) include a specific protocol for the voluntary pre-arrival registration and screening of individuals anticipating a need for access to a military installation in the United States to establish the fitness and purpose of such individual. Under such protocol—

“(1) such a screening shall occur not less than 24 hours, and not more than 14 days prior, to the time of such access; and

“(2) if an individual is determined fit to enter the installation pursuant to the pre-arrival registration and screening, access may only be granted upon arrival at the military installation on the date of the established purpose, following a verification of the identity of the individual.

“(c) Unescorted access to military installations in United States for certain individuals.—The Secretary shall maintain guidance regarding the granting of unescorted access to military installations in the United States for covered individuals and ensure such guidance is circulated to the commanders of each such military installation. Such guidance shall—

“(1) identify the categories of covered individuals that may obtain such unescorted access;

“(2) include a list of credentials that can be used for access to an installation that are, to the extent practical, types of identification non-Department of Defense personnel already posses.

“(3) be consistent across military installations in the United States; and

“(4) be in accordance with any privileges or benefits accorded under, procedures developed pursuant to, or requirements of, each covered provision and subsection (a).

“(d) Physical entrances to certain military installations.—The Secretary shall ensure that, to the extent practicable—

“(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;

“(2) the location of each such designated main entrance is published on a publicly accessible Internet website of the Department;

“(3) if a military installation in the United States 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 specified in paragraph (2); and

“(4) the information published on the Internet website specified in paragraph (2) is reviewed and, as necessary, updated on a basis that is not less frequent than annually.

“(e) Reviews and submission to Congress.—On a basis that is not less frequent than once every five years, the Secretary shall—

“(1) review the standards and guidance under this section, and make such updates as may be determined appropriate by the Secretary; and

“(2) submit to the Committees on Armed Services of the House of Representatives and the Senate the most recently reviewed and, as applicable, updated version of such standards and guidance.

“(f) Definitions.—In this section:

“(1) The term ‘covered individual’ means, with respect to a military installation in the United States, the following:

“(A) A member of the armed forces or civilian employee of the Department of Defense, or an employee or family member of such member or employee, who resides, attends school, receives health care services, or shops at a commissary or exchange store on the installation.

“(B) A retired member of the armed forces, including the reserve components, or a family member of such retired member, who resides, attend schools, receives health care services, or shops at a commissary or exchange store on the installation.

“(C) An individual performing work at the installation under a contract or subcontract (at any tier), including a military construction project, military family housing project, or a Facilities Sustainment, Restoration, and Modernization project.

“(D) A motor carrier or household goods motor carrier providing transportation services for the United States Transportation Command.

“(E) An official who is employed by an agency of the State in which the installation is located that enforces laws relating to workers’ compensation or minimum wage with respect to such State and who is seeking such access pertaining to a specific military construction project, military family housing project, or Facilities Sustainment, Restoration, and Modernization project.

“(F) A representative of any labor organization (as defined in section 2 of the National Labor Relations Act (29 U.S.C. 152)), including a member of any labor management committee described in section 205A of the Labor Management Relations Act, 1947 (29 U.S.C. 175a), who is—

“(i) seeking access to an individual performing work at the installation who is a member of such labor organization—

“(I) in connection with a specific military construction project, military family housing project, or Facilities Sustainment, Restoration, and Modernization project; or

“(II) pursuant to a concessions or service contract subject to chapter 67 of title 41 (known as the ‘McNamara-O'Hara Service Contract Act of 1965’); or

“(ii) seeking access to an individual performing work at the installation for the purposes of soliciting such individual to join such labor organization.

“(G) A representative of any labor organization (as defined in section 2 of the National Labor Relations Act (29 U.S.C. 152)), including a member of any labor management committee described in section 205A of the Labor Management Relations Act, 1947 (29 U.S.C. 175a), or a representative of a program registered under the Act of August 16, 1937 (commonly known as the ‘National Apprenticeship Act’; 29 U.S.C. 50 et seq.) conducting a vocational training, job fair, or similar workforce development event for members of the armed forces or veterans at the installation.

“(2) The term ‘covered provision’ means the following:

“(A) Chapter 54 of this title.

“(B) Section 202 of the REAL ID Act of 2005 (Public Law 109–13; 49 U.S.C. 30301 note).

“(C) Section 2812 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2150; 10 U.S.C. 113 note).

“(D) Sections 346 and 1050 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 113 note).

“(E) Section 626 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1802; 10 U.S.C. 113 note).

“(F) Section 1090 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3879; 10 U.S.C. 113 note).

“(3) The term ‘Federally recognized access credential’ means a credential authorized by Federal law or otherwise issued by the head of a Federal department or agency that requires the vetting of an individual for access to a facility, area, or program.

“(4) The term ‘military installation’ has the meaning given that term in section 2801 of this title.

“(5) The term ‘State’ means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands of the United States, or the Commonwealth of the Northern Mariana Islands.

“(6) The term ‘United States’ includes each State, as such term is defined in this subsection.”.

(b) Deadline for first review and submission to Congress.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall—

(1) conduct the first review of the standards and guidance required under section 2698 of title 10, United States Code (as added by subsection (a)); and

(2) submit to the Committees on Armed Services of the House of Representatives and the Senate the reviewed and, as applicable, updated version of such standards and guidance.

(c) Modification to certain notification requirement.—Section 1090(b)(2)(B) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3879; 10 U.S.C. 113 note) is amended by striking “is” and inserting “and, as appropriate, the Secretary of Homeland Security and the Director of the Federal Bureau of Investigation, are”.

(d) Technical and conforming amendments.—

(1) REPEAL OF DUPLICATE PROVISION.—Section 1069 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 326) is repealed.

(2) CONFORMING AMENDMENTS TO PRIOR NATIONAL DEFENSE AUTHORIZATION ACT.—Section 1050 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 113 note; 130 Stat. 2396) is amended—

(A) in subsection (a), by striking “Department of Defense installations” and inserting “military installations in the United States”;

(B) in subsection (b), by striking “Department of Defense facilities” and inserting “military installations in the United States”; and

“(c) Definitions.—In this section, the terms ‘military installation’ and ‘United States’ have the meanings given such terms in section 2698(e) of title 10, United States Code.”.

SEC. 2831. 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 the 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. 2841. 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, as added and amended by section 2825 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283).

SEC. 2842. Study of military housing resilience and energy efficiency.

(a) Study.—The Secretary of Defense shall conduct a study of military housing resilience and energy efficiency to assess compliance with the Unified Facilities Criteria for Housing and with the latest published editions of relevant codes, specifications, and standards that incorporate the latest hazard-resistant and energy-efficient designs and establish minimum acceptable criteria for the design, construction, and maintenance of residential structures.

(b) Elements.—The study shall include the following elements:

(1) An identification and assessment of deficiencies, costs, and timelines to relocate, rehabilitate, repair, or retrofit as needed all military housing, including barracks, family housing, and privatized family and unaccompanied housing, to ensure health, safety, energy security, and resilience.

(2) An inventory of all housing structures that are located in floodprone areas and within the Wildland-Urban Interface.

(3) An identification and inventory of all housing structures that experienced loss or damage due to weather or other natural hazards during the preceding five years.

(4) An identification of any needed updates to the Unified Facilities Criteria to ensure such Criteria comports with the latest published editions of relevant codes, specifications, and standards that incorporate the latest hazard-resistant and energy-efficient designs and establish minimum acceptable criteria for the design, construction, and maintenance of residential structures.

(c) Initial report.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the study required under subsection (a).

(d) Annual reports.—One year after the date of the submittal of the initial report under subsection (c), and annually thereafter, the Secretary shall submit to the congressional defense committees a report on the progress of the Department of defense in addressing deficiencies identified in the initial report, with the goal of addressing all deficiencies for all military housing within five years and to ensure that all military housing is sited, designed, and maintained to comply with the latest codes, specifications, and standards for health, safety, energy security, and resilience.

SEC. 2851. Extension of time frame for land conveyance, Sharpe Army Depot, Lathrop, California.

Section 2833(g) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended by striking “one year” and inserting “three years”.

SEC. 2852. Authority for transfer of administrative jurisdiction, Castner Range, Fort Bliss, Texas.

Section 2844 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239) is amended—

(1) in subsection (a)—

(A) in paragraph (1)—

(i) by redesignating the text beginning with “convey” and ending with “Franklin Mountains State Park.” as subparagraph (B);

(ii) by striking “may” and inserting “may—”; and

(iii) by inserting after subparagraph (B), as redesignated by subparagraph (A) of this paragraph, the following new subparagraph (A):

“(A) transfer administrative jurisdiction of approximately 7,081 acres at Fort Bliss, Texas, to the Secretary of the Interior (acting through the Director of the Bureau of Land Management) which shall be managed in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and any other applicable laws; or”; and

(B) in paragraph (2)—

(i) by inserting “transfer of administrative jurisdiction or” before “conveyance”;

(ii) by inserting “transfer to the Secretary of the Interior or” before “convey to the Department”; and

(iii) by striking “Department’s”;

(2) in subsection (b)—

(A) by inserting “conveys the real property under subsection (a)(1)(B) and” after “If the Secretary”; and

(B) by striking “conveyed under subsection (a)”;

(3) in the first subsection (c), by striking “the land conveyance under this section” and inserting “a land conveyance under subsection (a)(1)(B)”;

(4) by redesignating the second subsection (c) and subsections (d) and (e) as subsections (d), (e), and (f), respectively;

(5) in subsection (d), as so redesignated, by inserting “transferred or” before “conveyed”;

(6) in subsection (e), as so redesignated, by striking “the conveyances under subsection (a)” and inserting “a conveyance under subsection (a)(1)(B)”;

(7) in subsection (f), as so redesignated—

(A) by striking “federal” each place it appears and inserting “Federal”;

(B) by striking “non-federal” each place it appears and inserting “non-Federal”; and

(8) by adding at the end the following new subsection:

“(g) Memorandum of understanding.—The Secretary may enter into a memorandum of understanding with the Secretary of the Interior (acting through the Director of the Bureau of Land Management) regarding any transfer of administrative jurisdiction under subsection (a)(1)(A).”.

SEC. 2853. Conveyance, Joint Base Charleston, South Carolina.

(a) Conveyance authorized.—The Secretary of the Air Force (in this section referred to as the “Secretary”) may convey to the City of North Charleston, South Carolina (in this section referred to as the “City”) all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 26 acres known as the Old Navy Yard at Joint Base Charleston, South Carolina, for the purpose of permitting the City to use the property for economic development.

(b) Consideration.—

(1) IN GENERAL.—As consideration for the conveyance under subsection (a), the City shall pay to the United States an amount at least equal to the fair market value, as determined by the Secretary, based on an appraisal of the property to be conveyed under such subsection. Consideration may be cash payment, in-kind consideration as described under paragraph (2), or a combination thereof. The consideration paid to the Secretary must be 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 and belonging to any military department, located upon the property to be conveyed under subsection (a). All cash consideration must be paid in full, and any in-kind consideration must be complete and useable, and delivered to the satisfaction of the Secretary at or prior to date of the conveyance under subsection (a).

(2) IN-KIND CONSIDERATION.—In-kind consideration described in this paragraph may include the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure within proximity to the Joint Base Charleston Weapons Station (South Annex) and located on Joint Base Charleston, that the Secretary considers acceptable.

(3) TREATMENT OF CASH CONSIDERATION RECEIVED.—Any cash payment received by the United States under paragraph (1) shall be deposited in the special account in the Treasury referred to in subparagraph (A) of paragraph (5) of subsection (b) of section 572 of title 40, United States Code, and shall be available in accordance with subparagraph (B) of such paragraph.

(1) PAYMENT REQUIRED.—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. If amounts paid by the City to the Secretary in advance exceed the costs actually incurred by the Secretary to carry out the conveyance, 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 that is 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) Condition of conveyance.—The conveyance under subsection (a) shall be subject to all valid existing rights and the condition that the City 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.—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 to be appropriate.

SEC. 2854. 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. The Secretary’s 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 subsection (a) of paragraph (1) of subsection (e) of section 2667 of title 10, United States Code. The entire amount deposited shall be available for use in accordance with subparagraph (D) of such paragraph.

(1) PAYMENT REQUIRED.—The Secretary of the Navy shall require the HRSD to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs related to environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the HRSD.

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.

(d) Description of property.—The exact acreage and legal description of the parcel of real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Navy.

(e) Additional terms and conditions.—The Secretary of the Navy may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2855. Land exchange, Marine Reserve Training Center, Omaha, Nebraska.

(a) Land exchange authorized.—The Secretary of the Navy may convey to the Metropolitan Community College Area, a political subdivision of the State of Nebraska, (in this section referred to as the “College”), all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, known as the Marine Reserve Training Center in Omaha, Nebraska.

(b) Consideration.—As consideration for the conveyance under subsection (a), the College shall convey to the Secretary of the Navy real property interests either adjacent or proximate, to Offutt Air Force Base, Nebraska.

(c) Land exchange agreement.—The Secretary of the Navy and the College may enter into a land exchange agreement to implement this section.

(d) Valuation.—The value of each property interest to be exchanged by the Secretary of the Navy and the College described in subsections (a) and (b) shall be determined—

(1) by an independent appraiser selected by the Secretary; and

(2) in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice.

(e) Cash equalization payments.—

(1) TO THE SECRETARY.—If the value of the property interests described in subsection (a) is greater than the value of the property interests described in subsection (b), the values shall be equalized through either of the following or a combination thereof:

(A) A cash equalization payment from the College to the Department of the Navy.

(B) In-kind consideration provided by the College, which may include the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure, or delivery of services relating to the needs of Marine Corps Reserve Training Center Omaha.

(2) NO EQUALIZATION.—If the value of the property interests described in subsection (b) is greater than the value of the property interests described in subsection (a), the Secretary may not make a cash equalization payment to equalize the values.

(f) Payment of costs of conveyance.—

(1) PAYMENT REQUIRED.—The Secretary of the Navy shall require the College to pay all costs to be incurred by the Secretary to carry out the exchange of property interests under this section, including such costs related to land survey, environmental documentation, real estate due diligence such as appraisals, and any other administrative costs related to the exchange of property interests, including costs incurred preparing and executing a land exchange agreement authorized under subsection (c). If amounts are collected from the College in advance of the Secretary incurring the actual costs and the amount collected exceeds the costs actually incurred by the Secretary to carry out the exchange of property interests, the Secretary shall refund the excess amount to the College.

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received by the Secretary of the Navy under paragraph (1) shall be used in accordance with section 2695(c) of title 10, United States Code.

(g) Description of property.—The exact acreage and legal description of the property interests to be exchanged under this section shall be determined by surveys that are satisfactory to the Secretary of the Navy.

(h) Conveyance agreement.—The exchange of real property interests under this section shall be accomplished using an appropriate legal instrument and upon terms and conditions mutually satisfactory to the Secretary of the Navy and the College, including such additional terms and conditions as the Secretary considers appropriate to protect the interests of the United States.

(i) Exemption from screening requirements for additional Federal use.—The authority under this section is exempt from the screening process required under section 2696(b) of title 10, United States Code.

SEC. 2861. FFRDC study on practices with respect to development of military construction projects.

(a) Study required.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center for the conduct of a study on the practices of the Department of Defense with respect to the development of military construction projects.

(b) Elements.—An agreement under subsection (a) shall specify that the study conducted pursuant to the agreement shall address each of the following:

(1) Practices with respect to adoption of United Facilities Criteria changes and their inclusion into advanced planning, DD form 1391 budget justifications, 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, DD form 1391 budget justifications, and planning and design.

(3) Barriers to incorporating innovative techniques, including 3D printed building techniques.

(4) Whether the Strategic Environmental Research and Development Program or the Environmental Security Technology Certification Program could be used to validate such materials and techniques to provide the Army Corps of Engineers and the Naval Facilities Engineering Systems Command with confidence in the use of such materials and techniques.

(c) Report to Congress.—Not later than 60 days after the completion of a study pursuant to an agreement under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report on the results of the study.

SEC. 2862. Feasibility study for Blue Grass Chemical Agent-Destruction Pilot Plant.

(a) Study.—The Secretary of Defense, in consultation with the Secretary of the Army, shall conduct a feasibility study to assess potential missions, plants, or industries feasible for Army or Department of Defense needs at the Blue Grass Chemical Agent-Destruction Pilot Plant following the demolition and remediation of the Blue Grass Chemical Agent-Destruction Pilot Plant located at the Blue Grass Army Depot in Richmond, Kentucky. The study shall include the following:

(1) Identification of any buildings and infrastructure in the Blue Grass Chemical Agent-Destruction Pilot Plant that could remain for future Army or Department of Defense use.

(2) Cost savings associated with repurposing existing infrastructure for Army or Department of Defense purposes.

(3) Opportunities to fulfil requirements for defense organic industrial base operations.

(4) Opportunities to fulfil requirements of Army Materiel Command strategic planning, including ammunition production.

(5) Opportunities to fulfil Army or Department of Defense modernization requirements.

(b) Report.—Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under subsection (a).

SEC. 2863. Comptroller General assessment of military construction, maintenance, and upgrades of joint base infrastructure and facilities.

(a) In general.—The Comptroller General of the United States shall conduct an assessment of possible inequitable prioritization of military construction, maintenance, and upgrades of joint base infrastructure and facilities, with a focus on facilities as they relate to subordinate components relative to the supporting component on joint bases.

(b) Elements.—The assessment required by subsection (a) shall include the following elements:

(1) Historical analysis of investments made in infrastructure used by supported components, including allocation of new infrastructure spending between supported and supporting components.

(2) The policies and procedures at the departmental and installation level designed to ensure the proper sustainment, restoration, modernization, recapitalization, new construction, and demolition of infrastructure used by supported components.

(3) Efforts to address the priorities of the supported components through military construction and facility upgrades.

(4) Potential benefits of using the supported components’ service-specific construction agents for major infrastructure investments.

SEC. 2864. Report on underground tunnels and facilities in Hawaii.

(a) Requirements survey.—Not later than 120 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Sustainment shall submit to the congressional defense committees a report containing the results of a survey of underground tunnels and facilities on Department of Defense property located in Hawaii, and such report shall include—

(1) a description of the location, size, and condition of underground tunnels and facilities currently in use;

(2) a description of the location, size, and condition of unused underground tunnels and facilities;

(3) a description of any current proposed future uses for each of the unused underground tunnels and facilities, if any;

(4) a summary of existing unmet requirements for hardened underground facilities for each service; and

(5) efforts to coordinate across the services the assessments and potential future use of hardened underground facilities.

(b) Form.—The survey required under subsection (a) shall be submitted in unclassified form, but shall include a classified annex to include all information responsive to the study directive that is classified.

SEC. 2865. Comptroller General report on community engagement activities at military installations in foreign countries.

Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report containing the results of a study conducted by the Comptroller General on community engagement activities at military installations located in foreign countries. The report shall address the following:

(1) The programs and processes that exist at military installations located in foreign countries to manage relationships with the local community.

(2) Whether existing programs and authorities are effective at fostering positive community relations at military installations located in foreign countries.

(3) An identification of any authorities or changes to existing programs that could help the Department of Defense improve relationships with local communities at military installations located in foreign countries.

SEC. 2866. Report on recognition of African American servicemembers in Department of Defense naming practices.

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 containing the following information:

(1) A description of current Department of Defense naming conventions for military installations, infrastructure, vessels, and weapon systems.

(2) A list of all military installations (including reserve component facilities), infrastructure (including reserve component infrastructure), vessels, and weapon systems that are currently named after African Americans who served in the Armed Forces.

(3) An explanation of the steps being taken to recognize the service of African Americans who have served in the Armed Forces with honor, heroism, and distinction by increasing the number of military installations, infrastructure, vessels, and weapon systems named after deserving African American members of the Armed Forces.

SEC. 2867. 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. 2868. Directing the Secretary of Defense to deliver a briefing on housing with respect to junior members of the Armed Forces.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall deliver a briefing on the housing realities, difficulties, and needs facing junior members of the Armed Forces to the Committee on Armed Services of the House of Representatives. The briefing shall include:

(1) An overview of the available on-base housing stock, military services’ and individual bases’ housing requirements and practices, as well as other possible options for housing junior members of the Armed Forces.

(2) An outline of Department plans for identifying installations with a shortage of on-base or off-base housing for junior enlisted members of the Armed Forces and plans to address any shortages in order to enable bases to house their junior members of the Armed Forces more productively, cost-effectively, and safely, with an eye to quality of life and force readiness.

(3) Any other information the Secretary determines to be relevant.

SEC. 2869. Reporting on lead service lines and lead plumbing.

(a) Initial report.—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 a report that includes—

(1) a description of the state of lead service lines and lead plumbing on military installations, military housing, and privatized military housing;

(2) an evaluation of whether military installations, military housing, and privatized military housing are in compliance with the standards established in the Lead and Copper rule and, if not, an identification of the areas of non-compliance; and

(3) an identification of steps and resources needed to remove remaining lead service lines and lead plumbing in military installations and housing.

(b) Inclusion of information in annual report.—The Secretary shall include in the Defense Environmental Programs annual report for each year after the year in which the initial report is submitted information on the compliance of Department of Defense facilities and housing with the Lead and Copper Rule.

SEC. 2871. Defense community infrastructure program.

Section 2391(e)(4)(A)(i) of title 10, United States Code, is amended by inserting “or on property subject to a real estate agreement with a military installation, including a lease or easement” after “installation”.

SEC. 2872. Inclusion in Defense Community Infrastructure Pilot Program of certain projects for ROTC training.

Section 2391 of title 10, United States Code, is further amended—

(1) in subsection (d)(1)(B)—

(A) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and

(B) by inserting after clause (i) the following new clause (ii):

“(ii) Projects that will contribute to the training of cadets enrolled in an independent Reserve Officer Training Corps program at a covered educational institution.”; and

(2) in subsection (e), by adding at the end the following new paragraph:

“(6) The term ‘covered educational institution’ means a college or university that is—

“(A) a part B institution, as defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061);

“(B) an 1890 Institution, as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601);

“(C) not affiliated with a consortium; and

“(D) located at least 40 miles from a major military installation.”.

SEC. 2873. 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 by adding at the end the following new paragraphs:

“(4) COORDINATION WITH SECRETARY OF DEFENSE.—In establishing a scorecard under this subsection, the Secretary of the military department concerned shall coordinate with the Secretary of Defense to ensure consistency among the military departments.

“(5) PUBLICATION IN FEDERAL REGISTER.—The methodology and criteria for establishing each scorecard under this subsection shall be published in the Federal Register for public comment.”.

SEC. 2874. Lease or use agreement for category 3 subterranean training facility.

(a) In general.—The Secretary of Defense shall seek to enter into a lease or use agreement with a category 3 subterranean training facility that—

(1) is located in close proximity to air assault and special forces units; and

(2) has the capacity to—

(A) provide brigade or large full-mission profile training;

(B) rapidly replicate full-scale underground venues;

(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 available for—

(1) the hosting of training and testing exercises for—

(A) for members of the Armed Forces, including special operations forces;

(B) personnel of combat support agencies, including the Defense Threat Reduction Agency; and

(2) for 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.

SEC. 2875. Required consultation with State and local entities on issues related to increase in number of military personnel at military installations.

If any decision of the Secretary of Defense or the Secretary of a military department would result in a significant increase in the number of members of the Armed Forces assigned to a military installation, the Secretary of Defense or the Secretary of the military department concerned, during the development of the plans to implement the decision with respect to that installation, shall consult with appropriate State and local entities to ensure that matters affecting the local community, including requirements for transportation, utility infrastructure, housing, education, and family support activities, are considered.

SEC. 2876. Required investments in improving child development centers.

(a) Investments in Child Development Centers.—Of the total amount authorized to be appropriated for the Department of Defense for Facilities Sustainment, Restoration, and Modernization activities of a military department, the Secretary of that military department shall reserve the following amounts of the estimated replacement cost 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:

(1) An amount equal to one percent of such cost for fiscal year 2023.

(2) An amount equal to two percent of such cost for fiscal year 2024.

(3) An amount equal to three percent of such cost for fiscal year 2025.

(4) An amount equal to five percent or such cost for fiscal year 2026.

(b) Child development center defined.—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. 2877. Limitation on use of funds for closure of combat readiness training centers.

(a) In general.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2023 for the Air Force may be obligated or expended to 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 each of the following:

(1) A certification that—

(A) the closure of the center would not be in violation of section 2687 of title 10, United States Code; and

(B) the support capabilities provided by the center will not be diminished as a result of the closure of the center.

(2) A report that includes—

(A) a detailed business case analysis for the closure of the center; and

(B) an assessment of the effects the closure of the center would have on unit training, including active duty units that may use the center.

SEC. 2878. Pilot program on use of mass timber in military construction projects.

(a) In general.—The Secretary of each of the military departments shall carry out a pilot program to evaluate how the use of mass timber as the primary construction material in military construction projects affects the environmental sustainability, infrastructure resilience, cost effectiveness, and construction timeliness of such projects. The Secretary of a military department may carry out a military construction project under the pilot program using the authorities available to the Secretary of Defense under section 2914 of title 10, United States Code, regarding military construction projects for energy resilience, energy security, and energy conservation.

(b) Project selection and location.—

(1) MINIMUM NUMBER.—Each Secretary of a military department shall carry out at least one military construction project under the pilot program.

(2) PROJECT LOCATIONS.—The pilot program shall be conducted at military installations in the United States—

(A) that are identified as vulnerable to extreme weather events; and

(B) for which a military construction project is authorized but a request for proposal has not been released.

(3) MILITARY UNACCOMPANIED HOUSING.—In selecting military construction projects for the pilot program, the Secretaries of the military departments shall coordinate to ensure that at least one of the projects involves the construction of military unaccompanied housing.

(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter until December 31, 2025, the Secretaries of the military departments shall jointly submit to the congressional defense committees a report on the progress of the pilot program.

(2) ELEMENTS.—Each report required under paragraph (1) shall include each of the following:

(A) A description of the status of the military construction projects selected to be conducted under the pilot program.

(B) An explanation of the reasons for the selection of such military construction projects.

(C) An analysis of the projected or actual carbon footprint, including stored carbon in building materials, resilience to extreme weather events, construction timeliness, and cost effectiveness, of the military construction projects conducted under the pilot program using mass timber as compared to other materials historically used in military construction.

(D) Any updated guidance the Under Secretary of Defense for Acquisition and Sustainment has released in relation to the procurement policy for future military construction projects based on comparable benefits realized from use of mass timber, including guidance on prioritizing sustainable materials in establishing evaluation criteria for military construction project contracts when technically feasible.

(d) Mass timber defined.—In this section, the term “mass timber” means any of the following:

(1) Cross-laminated timber.

(2) Nail-laminated timber.

(3) Glue-laminated timber.

(4) Laminated strand lumber.

(5) Laminated veneer lumber,

(e) Termination.—The authority of the Secretary of a military department to carry out a military construction project under this section shall expire on September 30, 2025. Any construction commenced under the pilot program before such date may continue until completion.

SEC. 2879. Contributions for climate resilience for North Atlantic Treaty Organizations Security Investment.

Section 2806(a) of title 10, United States Code, is amended by striking “and construction” and inserting “construction, and climate resilience”.

SEC. 2880. Screening and registry of individuals with health conditions resulting from unsafe housing units.

(a) In general.—Subchapter V of chapter 169 of title 10, United States Code, is amended by adding at the end the following new section:

“§ 2895. Screening and registry of individuals with health conditions resulting from unsafe housing units

“(a) Screening.— (1) The Secretary of Defense, in consultation with appropriate scientific agencies as determined by the Secretary, may ensure that all military medical treatment facilities screen eligible individuals for covered conditions and covered lead exposure.

“(2) The Secretary may establish procedures through which screening under paragraph (1) may allow an eligible individual to be included in the registry under subsection (b).

“(b) Registry.— (1) The Secretary of Defense shall establish and maintain a registry of eligible individuals who have a covered condition.

“(2) The Secretary shall include any information in the registry under paragraph (1) that the Secretary determines necessary to ascertain and monitor the health of eligible individuals and the connection between the health of such individuals and an unsafe housing unit.

“(3) The Secretary shall develop a public information campaign to inform eligible individuals about the registry under paragraph (1), including how to register and the benefits of registering.

“(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 ‘covered condition’ means a medical condition that is determined by the Secretary of Defense to have resulted from residing in an unsafe housing unit.

“(3) The term ‘covered lead exposure’ means lead exposure that is determined by the Secretary of Defense to have resulted from residing in an unsafe housing unit.

“(4) The term ‘eligible individual’ means a member of a covered armed force or a family member of a member of a covered armed force who has resided in an unsafe housing unit.

“(5) The term ‘unsafe housing unit’ means a dwelling unit that—

“(A) does not meet the housing quality standards established under section 8(o)(8)(B) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(8)(B)); or

“(B) is not free from dangerous air pollution levels from mold.”.

(b) Clerical amendment.—The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 2894a the following new item:

“2895. Screening and registry of individuals with health conditions resulting from unsafe housing units.”.

SEC. 2881. Recognition of Memorial, Memorial Garden, and K9 Memorial of the National Navy UDT-SEAL Museum in Fort Pierce, Florida, as a national memorial, memorial garden, and K9 memorial, respectively, of Navy SEALs and their predecessors.

The Memorial, Memorial Garden, and K9 Memorial of the National Navy UDT-SEAL Museum, located at 3300 North Highway A1A, North Hutchinson Island, in Fort Pierce, Florida, are recognized as a national memorial, memorial garden, and K9 memorial, respectively, of Navy SEALs and their predecessors.

SEC. 2882. Ensuring that contractor employees on Army Corps projects are paid prevailing wages as required by law.

The Assistant Secretary of the Army for Civil Works shall provide to each Army Corps district clarifying, uniform guidance with respect to prevailing wage requirements for contractors and subcontractors of the Army Corps that—

(1) conforms with the Department of Labor’s regulations, policies, and guidance with respect to the proper implementation and enforcement of subchapter IV of chapter 31 of title 40, United States Code (commonly known as the “Davis-Bacon Act”) and other related Acts, including the proper classification of all crafts by Federal construction contractors and subcontractors;

(2) directs Army Corps districts to investigate worker complaints and third-party complaints within 30 days of the date of filing; and

(3) instructs Army Corps districts that certified payroll reports submitted by contractors and subcontractors and the information contained therein shall be publicly available and are not exempt from disclosure under section 552(b) of title 5, United States Code.

SEC. 2883. Inclusion of climate resilience services in the Combatant Commander Initiative Fund.

Section 166a(b) of title 10, United States Code, is amended by adding at the end the following new paragraphs:

“(11) Climate resilience of military installations and essential civilian infrastructure.

“(12) Military support to civilian and military authorities to combat illegal wildlife trafficking, illegal timber trafficking, and illegal, unreported, or unregulated fishing.”.

SEC. 2884. 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. 2901. Authorized Army construction and land acquisition projects.

The Secretary of the Army may acquire real property and carry out the military construction projects for the installations inside the United States, and in the amounts, set forth in the following table:

Army: Inside the United States
Country	Installation	Amount
Alabama	Redstone Arsenal	$50,000,000
Maryland	Aberdeen	$85,000,000
Mississippi	Vicksburg	$20,000,000
New Jersey	Picatinny Arsenal	$12,000,000

SEC. 2902. Authorized Navy construction and land acquisition project.

The Secretary of the Navy may acquire real property and carry out the military construction project for the installation inside the United States, and in the amount, set forth in the following table:

Navy: Inside the United States
Country	Installation	Amount
California	Corona	$15,000,000
Maryland	Carderock	$2,073,000
	Indian Head	$8,039,000
Virginia	Dahlgren	$2,503,000

SEC. 2903. Authorized Air Force construction and land acquisition projects.

The Secretary of the Air Force may acquire real property and carry out the military construction projects for the installations inside the United States, and in the amounts, set forth in the following table:

Air Force: Inside the United States
Country	Installation	Amount
Hawaii	AFRL Maui	$89,000,000
New York	AFRL Rome	$4,200,000

SEC. 2904. Authorization of appropriations.

Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2022, for the military construction projects inside the United States authorized by this title as specified in the funding table in section 4601.

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, $45,000,000.

Project 23–D–404, 181D Export Water System Reconfiguration and Upgrade, Hanford Site, Richland, Washington, $6,770,000.

Project 23–D–405, 181B Export Water System Reconfiguration and Upgrade, Hanford Site, Richland, Washington, $480,000.

SEC. 3103. Other defense activities.

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2023 for other defense activities in carrying out programs as specified in the funding table in section 4701.

SEC. 3104. Nuclear energy.

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2023 for nuclear energy as specified in the funding table in section 4701.

SEC. 3111. Plutonium pit production capacity.

(a) Finding.—Congress finds that the National Nuclear Security Administration and the Nuclear Weapons Council have acknowledged that producing 80 war reserve plutonium pit per year by 2030 is not achievable.

(b) Requirement.—Subsection (a) of section 4219 of the Atomic Energy Defense Act (50 U.S.C. 2538a) is amended to read as follows:

“(a) Production.—

“(1) REQUIREMENT.—The Secretary of Energy shall produce the annual number of war reserve plutonium pits that the Secretary of Defense identifies as a requirement of the Department of Defense.

“(2) CAPACITY.—In carrying out paragraph (1), the Secretary of Energy shall—

“(A) ensure that Los Alamos National Laboratory, Los Alamos, New Mexico, has the ability to—

“(i) produce 30 war reserve plutonium pits during any year that the Secretary of Defense identifies such production amount as a requirement of the Department of Defense; and

“(ii) implement surge efforts to produce more than 30 war reserve plutonium pits during any year that the Secretaries identifies such production amount as a requirement of the Department of Defense;

“(B) ensure that the Savannah River Plutonium Processing Facility at the Savannah River Site, Aiken, South Carolina, has a sustainable ability to—

“(i) produce 50 war reserve plutonium pits during any year the Secretary of Defense identifies such production amount as a requirement of the Department of Defense; and

“(ii) implement surge efforts to produce more than 50 war reserve plutonium pits during any year that the Secretaries identifies such production amount as a requirement of the Department of Defense; and

“(C) maintain the Los Alamos National Laboratory as the Plutonium Science and Production Center of Excellence for the United States.”.

(1) by striking subsections (b) and (c);

(2) by redesignating subsections (d) through (f) as subsections (c) through (e), respectively;

(3) by inserting after subsection (a) the following new subsection (b):

“(b) Annual notifications, certifications, and plans.—

“(1) DEPARTMENT OF DEFENSE.—Not later than March 1, 2023, and each year thereafter, the Secretary of Defense shall notify the Secretary of Energy and the appropriate congressional committees of the following:

“(A) The requirement of the Department of Defense with respect to the total minimum number of war reserve plutonium pits to be produced during the 10-year period following the notification and a justification of the requirement.

“(B) The year, if any, in which not fewer than 80 war reserve plutonium pits are needed to be produced to meet the requirement of the Department of Defense.

“(2) DEPARTMENT OF ENERGY.—Not later than 30 days after the date on which the Secretary of Energy receives a notification under paragraph (1), the Secretary shall submit to the appropriate congressional committees the following:

“(A) A certification of whether the programs and budget of the Secretary will enable the nuclear security enterprise to meet the requirements identified by the Secretary of Defense in the notification.

“(B) A plan by the Secretary of Energy to meet such requirements, including an identification of the number of war reserve plutonium pits the Secretary will produce during each year covered by the notification and a cost estimate to meet such requirements.”; and

(4) by striking subsection (e), as so redesignated, and inserting the following new subsection:

“(e) Definitions.—In this section:

“(1) The term ‘appropriate congressional committees’ means the following:

“(A) The congressional defense committees.

“(B) The Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.

“(2) The term ‘covered project’ means—

“(A) the Savannah River Plutonium Processing Facility, Savannah River Site, Aiken, South Carolina (Project 21–D–511); or

“(B) the Plutonium Pit Production Project, Los Alamos National Laboratory, Los Alamos, New Mexico (Project 21–D–512).”.

(d) Conforming repeal.—Section 3120 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2292) is repealed.

(e) Briefing.—

(1) IN GENERAL.—Not later than 120 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall submit to the appropriate congressional committees a briefing that assesses the options for partnering with covered entities to seek cost efficiencies and mitigate supply chain risks related to the production of plutonium pits, including the production and integration of glove boxes.

(2) COVERED ENTITIES DEFINED.—In this subsection, the term “covered entities” means entities from private industry with expertise in advanced manufacturing and production techniques related to plutonium pits.

SEC. 3112. Nuclear warhead acquisition process.

(a) Expansion of reporting and certification requirements.—Section 4223 of the Atomic Energy Defense Act (50 U.S.C. 2538e), as amended by section 3114, is further amended as follows:

(1) By striking “the W93 nuclear weapon” each place it appears and inserting “a covered nuclear weapon”.

(2) By striking “a W93 nuclear weapon program” each place it appears and inserting “a program for that nuclear weapon”.

(3) In subsection (b)(2), by striking “for the sub-surface ballistic nuclear (SSBN) force”.

(4) By striking subsection (d) and inserting the following new subsection (d):

“(d) Definitions.—In this section:

“(1) The term ‘covered nuclear weapon’ means the following:

“(A) The W93 nuclear weapon.

“(B) A modified nuclear weapon.

“(C) A new nuclear weapon.

“(2) The term ‘joint nuclear weapons life cycle’ has the meaning given that term in section 4220.

“(3) The terms ‘modified nuclear weapon’ and ‘new nuclear weapon’ have the meaning given those terms in section 4209.”.

(b) Conforming amendment.—Such Act is further amended by striking the section heading for section 4223 and inserting the following (and conforming the table of contents at the beginning of such Act accordingly): “Nuclear warhead acquisition process”.

SEC. 3113. Authorized personnel levels of the Office of the Administrator.

(a) Modification of authorized levels.—Subsection (a) of section 3241A of the National Nuclear Security Administration Act (50 U.S.C. 2441a) is amended to read as follows:

“(a) Full-time equivalent personnel levels.—

“(1) AUTHORIZED LEVEL.—For fiscal year 2023 and each fiscal year thereafter, the total number of employees of the Office of the Administrator may not exceed 110 percent of the total number of employees of the Office during the previous fiscal year unless, during each fiscal year in which such number is exceeded, the Administrator submits to the congressional defense committees a report justifying such excess.

“(2) NOTIFICATION OF TOTAL NUMBER.—Not later than December 31, 2022, and each year thereafter, the Administrator shall notify the congressional defense committees, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Energy and Natural Resources of the Senate of the total number of employees of the Office of the Administrator during the previous fiscal year, broken down by the office in which the employees are assigned.”.

(b) Report.—Subsection (f) of such section is amended to read as follows:

“(f) Annual report.—The Administrator shall include in the budget justification materials submitted to Congress in support of the budget of the Administration for each fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) a report containing the following information:

“(1) A projection of the expected number of employees of the Office of the Administrator, as counted under subsection (a), for the fiscal year covered by the budget justification materials and the four subsequent fiscal years, broken down by the office in which the employees are projected to be assigned.

“(2) With respect to the most recent fiscal year for which data is available—

“(A) the number of service support contracts of the Administration and whether such contracts are funded using program or program direction funds;

“(B) the number of full-time equivalent contractor employees working under each contract identified under subparagraph (A);

“(C) the number of full-time equivalent contractor employees described in subparagraph (B) that have been employed under such a contract for a period greater than two years;

“(D) with respect to each contract identified under subparagraph (A)—

“(i) identification of each appropriations account that supports the contract; and

“(ii) the amount obligated under the contract during the fiscal year, listed by each such account; and

“(E) with respect to each appropriations account identified under subparagraph (D)(i), the total amount obligated for contracts identified under subparagraph (A).”.

SEC. 3114. 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(j)))”.

SEC. 3115. 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 2029”; and

(2) by striking “2065” and inserting “2070”.

(b) Plan requirements.—Subsection (b) of such section is amended—

(1) in paragraph (3), by inserting “through 2070” after “unencumbered uranium”;

(2) by redesignating paragraphs (4) through (8) as paragraphs (5) through (9), respectively;

(3) by inserting after paragraph (3) the following new paragraph (4):

“(4) An assessment of current and projected unencumbered uranium production by private industry in the United States that could support future defense requirements.”; and

(4) by striking paragraphs (8) and (9), as so redesignated, and inserting the following new paragraphs:

“(8) An assessment of—

“(A) whether, and if so when, additional enrichment of uranium will be required to meet national security requirements; and

“(B) the options the Secretary is considering to meet such requirements, including an estimated cost and timeline for each option and a description of any changes to policy or law that the Secretary determines would be required for each option.

“(9) An assessment of whether, and 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.”.

(1) by redesignating subsection (d) as subsection (e); and

(2) by inserting after subsection (c) the following new subsection:

“(d) Comptroller General briefing.—Not later than 180 days after the date on which the congressional defense committees receive each plan under subsection (a), the Comptroller General of the United States shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing that includes an assessment of the plan.”.

SEC. 3116. Modification of minor construction threshold for plant projects.

Section 4701(2) of the Atomic Energy Defense Act (50 U.S.C. 2741(2)) is amended by striking “$25,000,000” and inserting “$30,000,000”.

SEC. 3117. Prohibition on availability of funds to reconvert or retire W76–2 warheads.

(a) Prohibition.—Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2023 for the National Nuclear Security Administration may be obligated or expended to reconvert or retire a W76–2 warhead.

(b) Waiver.—The Administrator for Nuclear Security may waive the prohibition in subsection (a) if the Administrator, in consultation with the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff, certifies in writing to the congressional defense committees—

(1) that Russia and China do not possess naval capabilities similar to the W76–2 warhead in the active stockpiles of the respective country; and

(2) that the Department of Defense does not have a valid military requirement for the W76–2 warhead.

SEC. 3118. Comptroller General study on National Nuclear Security Administration management and operation contracting process.

(a) Study and report required.—Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall—

(1) conduct a study to identify and assess the process by which the Administrator for Nuclear Security awards management and operation contracts for Kansas City National Security Campus, Lawrence Livermore National Laboratory, Los Alamos National Laboratory, Nevada National Security Site, Y–12 National Security Complex, Pantex Plant, Sandia National Laboratories, and Savannah River Site; and

(2) submit to the Administrator, the Nuclear Weapons Council, and the congressional defense committees a report containing the findings of such study and any recommendations that the Comptroller General identifies based on its analysis.

(b) Matters.—The report under subsection (a) shall include the following:

(1) An evaluation of the process by which management and operation contracts are awarded to contractors for National Nuclear Security Administration facilities.

(2) A detailed analysis of the impact that transitioning to a new contractor has on the mission and workforce of the National Nuclear Security Administration, including an assessment of—

(A) costs incurred when a management and operation contract is awarded and then later canceled;

(B) cost estimates for the contract award process; and

(3) An identification of factors involved in the awarding of the contract that could negatively affect the workforce.

(4) A review of any recent successful protests against the award of a management and operation contract.

(5) Such other matters as may be determined appropriate by the Comptroller General.

(c) Briefing.—Not later than 90 days after the date on which the Administrator receives the report submitted under subsection (a), the Administrator, in coordination with the Nuclear Weapons Council, shall provide to the congressional defense committees a briefing on any statutory changes the Administrator determines necessary to improve the management and operation contract awarding process and to conduct the process in a more cost effective manner.

SEC. 3119. Funding for W80–4 life extension program.

(a) Increase.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 3101 for the National Nuclear Security Administration, as specified in the corresponding funding table in section 4701, for Stockpile Major Modernization, W80–4 Life Extension Program is hereby increased by $5,000,000.

(b) Offset.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 3101 for the National Nuclear Security Administration, as specified in the corresponding funding table in section 4701, for Maintenance and Repair of Facilities, Deferred Maintenance is hereby reduced by $5,000,000.

SEC. 3120. Requirements for specific request for new or modified nuclear weapons.

(a) Activities covered.—Subsection (a)(2) of section 4209 of the Atomic Energy Defense Act (50 U.S.C. 2529) is amended by striking “research and development which could lead to the production” both places it appears and inserting “research and development for the production”.

(b) Modification to funding request format.—Subsection (b)(1) of such section is amended by striking “, or any concept work prior to phase 1 or 6.1 (as the case may be),”.

“(c) Exceptions.—Subsection (a) shall not apply to funds for purposes of conducting, or providing for the conduct of, any of the following:

“(1) Research and development, or manufacturing and engineering, determined by the Secretary to be necessary to address proliferation concerns.

“(2) Research and development for exploratory concept work relating to nuclear weapons.”.

SEC. 3121. 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. 3122. Designation of National Nuclear Security Administration as technical nuclear forensics lead.

(a) In general.—Section 3211(b) of the National Nuclear Security Administration Act (50 U.S.C. 2401(b)) is amended by adding at the end the following new paragraph:

“(7) To lead the technical nuclear forensics efforts of the United States.”.

(b) Rule of construction.—The amendment made by this section may not be construed to alter the functions vested in any department or agency of the Federal Government by statute other than the National Nuclear Security Administration pursuant to such amendment.

SEC. 3201. Authorization.

There are authorized to be appropriated for fiscal year 2023, $41,401,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).

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) During a covered period, the Chairperson may carry out the functions and powers of the Board under sections 312 through 316, notwithstanding that a quorum does not exist.

“(3) In carrying out the functions and powers of the Board during a covered period pursuant to paragraph (2), the Chairperson shall consult with any other member of the Board who is serving during the covered period and not incapacitated, except that the Chairperson may make recommendations to the Secretary of Energy and initiate investigations under section 312 only with the concurrence of any such other member.

“(4) In this subsection, 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—

“(A) the date that is one year after such beginning date; or

“(B) the date on which a quorum exists.”.

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.

SEC. 3501. Authorization of the Maritime Administration.

(a) In general.—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 for operations of the United States Merchant Marine Academy, $99,748,000, of which—

(A) $87,848,000 shall be for Academy operations; and

(B) $11,900,000 shall be for capital asset management at the Academy.

(2) For expenses necessary to support the State maritime academies, $120,700,000, of which—

(A) $2,400,000 is for the Student Incentive Program;

(B) $6,000,000 is for direct payments;

(D) $30,500,000 for school ship maintenance and repair; and

(E) $75,000,000 for the National Security Multi-Mission Vessel.

(3) For expenses necessary to support Maritime Administration operations and programs, Headquarters Operations, $67,433,000.

(4) For expenses necessary to dispose of vessels in the National Defense Reserve Fleet, $6,000,000.

(5) 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.

(6) 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 used 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.

(7) For expenses necessary to provide for the Tanker Security Fleet, as authorized under chapter 534 of title 46, United States Code, $60,000,000.

(8) For expenses necessary to support maritime environmental and technical assistance activities authorized under section 50307 of title 46, United States Code, $15,000,000.

(9) For expenses necessary to support marine highway program activities authorized under chapter 556 of such title, $15,000,000.

(10) For expenses necessary to provide assistance to small shipyards and for the maritime training program authorized under section 54101 of title 46, United States Code, $30,000,000.

(11) For expenses necessary to implement the port infrastructure development activities authorized under subsections (a) and (b) of section 54301 of title 46, United States Code, $685,000,000.

(12) For expenses necessary to provide for sealift contested environment evaluation, $2,000,000.

(13) For expenses necessary to provide for National Defense Reserve Fleet resiliency, $800,000.

(14) For expenses necessary to provide for training ship State of Michigan maritime training platform requirements, $1,200,000.

(b) Limitation.—None of the amounts authorized to be appropriated for port infrastructure development activities under subsection (a)(11) 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.

SEC. 3502. Secretary of Transportation responsibility with respect to cargoes procured, furnished, or financed by other Federal departments and agencies.

(a) In general.—Not later than 90 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”.

SEC. 3503. United States marine highway program.

(a) United States marine highway program.—Section 55601 of title 46, United States Code, is amended to read as follows:

“§ 55601. United States marine highway program

“(a) Establishment.—There is in the Department of Transportation a program, to be known as the ‘United States marine highway program’.

“(b) Criteria.—In order to be designated as a marine highway transportation route under subsection (c) or as a marine highway transportation project under subsection (d), a route or project shall—

“(1) provide a coordinated and capable alternative to landside transportation;

“(2) mitigate or relieve landside congestion; or

“(3) promote marine highway transportation.

“(c) Marine highway transportation routes.—The Secretary may—

“(1) designate a route that meets the criteria under subsection (b) as a marine highway transportation route; and

“(2) collect and disseminate data related to such designation.

“(d) Project designation.—The Secretary may—

“(1) designate a project that meets the criteria under subsection (b) as a marine highway transportation project if the Secretary determines that such project uses vessels documented under chapter 121 and—

“(A) develops, expands, or promotes—

“(i) marine highway transportation services;

“(ii) shipper utilization of marine highway transportation; or

“(iii) port and landside infrastructure for which assistance is not available under section 54301; or

“(B) implements strategies developed under section 5560; and

“(2) conduct research on solutions to impediments to such projects.

“(e) Assistance.—

“(1) IN GENERAL.—The Secretary may make grants, or enter into contracts or cooperative agreements, to implement a marine highway transportation project designated under subsection (e) or a component of such a project.

“(2) APPLICATION.—To be eligible to receive a grant or to enter into a contract or cooperative agreement under this subsection, an applicant shall—

“(A) submit to the Secretary an application in such form and manner, at such time, and containing such information as the Secretary may require; and

“(B) demonstrate to the satisfaction of the Secretary that—

“(i) the proposed project is financially viable;

“(ii) the funds received under the grant, contract, or cooperative agreement will be spent or used efficiently and effectively; and

“(iii) a market exists for the services of the proposed project, as evidenced by contracts or written statements of intent from potential customers.

“(3) NON-FEDERAL SHARE.—Not more than 80 percent of the funding for any project for which funding is provided under this subsection may come from Federal sources.

“(4) PREFERENCE FOR FINANCIALLY VIABLE PROJECTS.— In awarding grants or entering in contracts or cooperative agreements under this subsection, the Secretary shall give a preference to those projects or components that present the most financially viable transportation services and require the lowest percentage Federal share of the costs.

“(f) Additional program activities.—In carrying out the program established under subsection (a), the Secretary of Transportation may—

“(1) 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

“(2) develop performance measures for the program.”.

(b) Clerical amendment.—The analysis for chapter 556 of title 46, United States Code, is amended by striking the item relating to section 55601 and inserting the following:

“55601. United States marine highway program.”.

SEC. 3504. Multistate, State, and regional transportation planning.

(a) Multistate, State, and regional transportation planning.—Chapter 556 of title 46, United States Code, is amended by inserting after section 55602 the following:

“§ 55603. Multistate, State, and regional transportation planning

“(a) In general.—The Secretary, in consultation with Federal entities, State and local 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 and local governments include marine highway transportation and other marine transportation solutions in transportation planning;

“(2) encourage State departments of transportation to develop strategies, where appropriate, to incorporate marine highway transportation, ferries, and other marine transportation solutions for regional and interstate transport of freight and passengers in transportation planning; and

“(3) encourage groups of States and multistate transportation entities to determine how marine highways can address congestion, bottlenecks, and other interstate transportation challenges.”.

(b) Clerical amendment.—The analysis for chapter 556 of title 46, United States Code, is amended by striking the item relating to section 55603 and inserting the following:

“55603. Multistate, State, and regional transportation planning.”.

SEC. 3511. Appointment of Superintendent of United States Merchant Marine Academy.

Subsection (c) of section 51301 of title 46, United States Code, is amended to read as follows:

“(c) Superintendent.—The immediate command of the United States Merchant Marine Academy shall be in the Superintendent of the Academy, who shall be appointed by the Secretary of Transportation and subject to the direction of the Maritime Administrator under the general supervision of the Secretary of Transportation.”.

SEC. 3512. Exemption of certain students from requirement to obtain merchant mariner license.

Section 51309 of title 46, United States Code, is amended by adding at the end the following:

“(d) Exemption from requirement to obtain license.—The Secretary may modify or waive the requirements of section 51306(a)(2) for students who provide reasonable concerns with obtaining a merchant mariner license, including fear for safety while at sea after instances of trauma, medical condition, or inability to obtain required sea time or endorsement so long as such inability is not due to a lack of proficiency or violation of Academy policy. The issuance of a modification or waiver under this subsection shall not delay or impede graduation from 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 Secretary of the department in which the Coast Guard is operating, shall establish—

“(1) criteria, to which an owner or operator of a vessel engaged in commercial service shall adhere prior to carrying a cadet performing their Sea Year service from the United States Merchant Marine Academy, that addresses prevention of, and response to, sexual harassment, dating violence, domestic violence, sexual assault, and stalking; and

“(2) a process for collecting pertinent information from such owners or operators and verifying their compliance with the criteria.

“(b) Minimum standards.—At a minimum, the criteria established under subsection (a) shall require the vessel owners or operators to have policies that address—

“(1) communication between a cadet and an individual ashore who is trained in responding to incidents of sexual harassment, dating violence, domestic violence, sexual assault, and stalking;

“(2) the safety and security of cadet staterooms while a cadet is onboard the vessel;

“(3) requirements for crew to report complaints or incidents of sexual assault, sexual harassment, dating violence, domestic violence, and stalking consistent with the requirements in section 10104;

“(4) the maintenance of records of reports of sexual harassment, dating violence, domestic violence, sexual assault, and stalking onboard a vessel carrying a cadet;

“(5) the maintenance of records of sexual harassment, dating violence, domestic violence, sexual assault, and stalking training as required under subsection (f);

“(6) a requirement for the owner or operator provide each cadet a copy of the policies and procedures related to sexual harassment, dating violence, domestic violence, sexual assault, and stalking policies that pertain to the vessel on which they will be employed; and

“(7) any other issues the Maritime Administrator determines necessary to ensure the safety of cadets during Sea Year training.

“(c) Self-certification by owners or operators.—The Maritime Administrator shall require the owner or operator of any commercial vessel that is carrying a cadet from the United States Merchant Marine Academy to annually certify that—

“(1) the vessel owner or operator is in compliance with the criteria established under subsection (a); and

“(2) the vessel is in compliance with the International Convention of Safety of Life at Sea, 1974 (32 UST 47) and sections 8106 and 70103(c).

“(d) Information, training, and resources.—The Maritime Administrator shall ensure that a cadet participating in Sea Year—

“(1) receives training specific to vessel safety, including sexual harassment, dating violence, domestic violence, sexual assault, and stalking prevention and response training, prior to the cadet boarding a vessel for Sea Year training;

“(2) is equipped with an appropriate means of communication and has been trained on its use;

“(3) has access to a helpline to report incidents of sexual harassment, dating violence, domestic violence, sexual assault, or stalking that is monitored by trained personnel; and

“(4) is informed of the legal requirements for vessel owners and operators to provide for the security of individuals onboard, including requirements under section 70103(c) and chapter 81.”;

(2) by redesignating subsections (b) through (d) as subsections (e) through (g), respectively;

(3) in subsection (e), as so redesignated, by striking paragraph (2) and inserting the following new paragraphs:

“(2) ACCESS TO INFORMATION.—The vessel operator shall make available to staff conducting a vessel check such information as the Maritime Administrator determines is necessary to determine whether the vessel is being operated in compliance with the criteria established under subsection (a).

“(3) REMOVAL OF STUDENTS.—If staff of the Academy or staff of the Maritime Administration determine that a commercial vessel is not in compliance with the criteria established under subsection (a), the staff—

“(A) may remove a cadet of the Academy from the vessel; and

“(B) shall report such determination of non-compliance to the owner or operator of the vessel.”;

(4) in subsection (f), as so redesignated, by striking “or the seafarer union” and inserting “and the seafarer union”; and

(5) by adding at the end the following:

“(h) Noncommercial vessels.—

“(1) IN GENERAL.—A public vessel (as defined in section 2101) shall not be subject to the requirements of this section.

“(2) REQUIREMENTS FOR PARTICIPATION.—The Maritime Administrator may establish criteria and requirements that the operators of public vessels shall meet to participate in the Sea Year program of the United States Merchant Marine Academy that addresses prevention of, and response to, sexual harassment, dating violence, domestic violence, sexual assault, and stalking.”.

(b) Regulations.—

(1) IN GENERAL.—The Maritime Administrator may prescribe rules necessary to carry out the amendments made by this section.

(2) INTERIM RULES.—The Maritime Administrator may prescribe interim rules necessary to carry out the amendments made by this section. For this purpose, the Maritime Administrator in prescribing rules under paragraph (1) is excepted from compliance with the notice and comment requirements of section 553 of title 5, United States Code. All rules prescribed under the authority of the amendments made by this section shall remain in effect until superseded by a final rule.

(1) SEA YEAR COMPLIANCE.—Section 3514 of the National Defense Authorization Act for Fiscal Year 2017 (46 U.S.C. 51318 note) is repealed.

(2) ACCESS OF ACADEMY CADETS TO DOD SAFE OR EQUIVALENT HELPLINE.—Section 3515 of the National Defense Authorization Act for Fiscal Year 2018 (46 U.S.C. 51518 note) is amended by striking subsection (b) and redesignating subsection (c) as subsection (b).

SEC. 3514. Requirements relating to training of Merchant Marine Academy cadets on certain vessels.

(a) Requirements relating to protection of cadets from sexual assault onboard vessels.—

(1) IN GENERAL.—Subsection (b) of section 51307 of title 46, United States Code, is amended to read as follows:

“(b) Sea Year Cadets on certain vessels.—

“(1) REQUIREMENTS.—The Secretary shall require an operator of a vessel participating in the Maritime Security Program under chapter 531 of this title, the Cable Security Fleet under chapter 532 of this title, or the Tanker Security Fleet under chapter 534 of this title to—

“(A) carry on each Maritime Security Program vessel, Cable Security Fleet vessel, or Tanker Security Fleet vessel 2 United States Merchant Marine Academy cadets, if available, on each voyage; and

“(B) implement and adhere to policies, programs, criteria, and requirements established pursuant to section 51322 of this title.

“(2) FAILURE TO IMPLEMENT OR ADHERE TO REQUIREMENTS.—Failure to implement or adhere to the policies, programs, criteria, and requirements referred to in paragraph (1)(B) may, as determined by the Maritime Administrator, constitute a violation of an operating agreement entered into under chapter 531, 532, or 533 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)(B).”.

(2) APPLICABILITY.—Paragraph (2) of subsection (b) of section 51307, as amended by paragraph (1), shall apply with respect to any failure to implement or adhere to the policies, programs, criteria, and requirements referred to in paragraph (1)(B) of such subsection that occurs on or after the date that is one year after the date of the enactment of this Act.

(b) Requirements for Government-owned vessels.—Subsection (c) of such section is amended—

(1) in the subsection heading by striking “Military sealift command vessels” and inserting “Government-owned vessels”;

(2) in paragraph (1), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margins accordingly;

(3) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly;

(4) by inserting before subparagraph (A), as so redesignated, the following:

“(1) IN GENERAL.—Consistent with the purpose of the United States Merchant Marine Academy, as described in section 51301(b) of this chapter, vessels owned or chartered by the United States Government, including vessels of the United States Coast Guard, United States Navy, Military Sealift Command, are proper vessels for training cadets.

“(2) MILITARY SEALIFT COMMAND VESSELS.—

(5) in subparagraph (A), as so redesignated, by striking “paragraph (2)” and inserting “subparagraph (B)”; and

(6) in subparagraph (B), as so redesignated, by striking “paragraph (1)” and inserting “subparagraph (A)”.

(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”.

SEC. 3515. Reports on matters relating to the United States Merchant Marine Academy.

(a) Report on implementation of NAPA recommendations.—

(1) IN GENERAL.—In accordance with paragraph (3), the Secretary of Transportation shall submit to the appropriate congressional committees reports on the status of the implementation of the recommendations specified in paragraph (4).

(2) ELEMENTS.—Each report under paragraph (1) shall include the following:

(A) A description of the status of the implementation of each recommendation specified in paragraph (4), including whether the Secretary—

(i) concurs with the recommendation;

(ii) partially concurs with the recommendation; or

(iii) does not concur with the recommendation.

(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; and

(iv) any statutory changes that may be necessary—

(I) to fully implement the recommendations specified in paragraph (4) with which the Secretary concurs; or

(II) to partially implement the recommendations specified in such paragraph with which the Secretary partially concurs.

(3) TIMING OF REPORTS.—The Secretary of Transportation shall submit an initial report under paragraph (1) not later than 90 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 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) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate; and

(2) the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives.

SEC. 3521. Waiver of navigation and vessel-inspection laws.

Section 501 of title 46, United States Code, is amended—

(1) in subsection (b)(1) by inserting “on a vessel specific basis” after “those laws”; and

(2) in subsection (c)(1)—

(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”;

(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 is necessary in the interest of national defense; and”.

SEC. 3522. 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. 3523. Recapitalization of National Defense Reserve Fleet.

(a) In general.—The Secretary of Transportation, in consultation with the Chief of Naval Operations and the Commandant of the Coast Guard, shall direct the Maritime Administrator to carry out a program under which the Administrator—

(1) shall 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) subject to the availability of appropriations, shall have an entity enter into a contract for the construction of not more than ten such vessels in accordance with this section.

(b) Construction and documentation requirements.—A vessel constructed pursuant to this section shall meet the requirements for and be issued a certificate of documentation and a coastwise endorsement under chapter 121 of title 46, United States Code.

(c) Design standards and construction practices.—Subject to subsection (b), a vessel constructed pursuant to this section shall be constructed using commercial design standards and commercial construction practices that are consistent with the best interests of the Federal Government.

(d) Consultation with other Federal entities.—The Maritime Administrator may consult and coordinate with the Secretary of the Navy regarding the vessel described in subsection (a) and activities associated with such vessel.

(e) Contracting.—The Maritime Administrator shall provide for an entity other than the Maritime Administration to contract for the construction of the vessel described in subsection (a).

(f) Limitation on Use of Funds for Used Vessels.—Amounts authorized to be appropriated by this or any other Act for use by the Maritime Administration to carry out this section may not be used for the procurement of any used vessel.

(g) Buy America requirement.—Section 4864 of title 10, United States Code, shall apply to all components of a vessel constructed under this section.

SEC. 3524. Cargoes procured, furnished, or financed by the United States Government.

(a) In general.—Section 55305 of title 46, United States Code, is amended—

(1) by striking subsection (a);

(2) by redesignating subsection (b) as subsection (a);

(3) in subsection (c)—

(A) by striking “The President” and inserting the following:

“(1) IN GENERAL.—The President”; and

(B) by adding at the end the following:

“(2) SUBMISSION TO CONGRESS.—At least once each fiscal year, the President or the Secretary of Defense, as applicable, shall submit to the appropriate congressional committees, in writing, a notice of any waiver granted under this subsection and the reasons for granting such waiver.”;

(4) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively;

(5) by inserting after subsection (a) the following:

“(b) Eligible vessels.—To be eligible to carry cargo under this section, a privately-owned commercial vessel—

“(1) shall be documented under the laws of the United States for at least 3 years; or

“(2) may be documented under the laws of the United States for less than 3 years if the vessel owner signs an agreement with the Secretary providing that—

“(A) the vessel shall remain documented under the laws of the United States for at least 3 years; and

“(B) the vessel owner shall, upon request of the Secretary, agree to enroll the vessel in an Emergency Preparedness Program under chapter 531 or voluntary agreement authorized under section 708 of the Defense Production Act of 1950 (50 U.S.C. 4558) and shall remain so enrolled until the vessel ceases to be documented under the laws of the United States.

“(c) Violation of agreement.—

“(1) IN GENERAL.—A vessel under an agreement described in subsection (b)(2) may be seized by and forfeited to the United States if, in violation of such agreement—

“(A) the vessel owner places the vessel under foreign registry; or

“(B) a person operates the vessel under the authority of a foreign country.

“(2) INAPPLICABILITY OF OTHER LAW.—Section 12112 of title 46, United States Code, shall not apply to the seizure and forfeiture of a vessel pursuant to paragraph (1).”; and

(6) by adding at the end the following:

“(g) Audit and report.—In carrying out this section, the Secretary shall annually—

“(1) audit the list of vessels that are operating under an agreement described in subsection (b)(2); and

“(2) submit to Congress a report describing—

“(A) each of the vessels operating under paragraph (2) of section 55305(b) and each agreement signed by the Secretary pursuant to such paragraph;

“(B) the results of any audit described in paragraph (1); and

“(C) any other pertinent information that the Secretary determines to be of interest to Congress.”.

(b) Technical amendment.—

(1) CHAPTER ANALYSIS.—The analysis for chapter 553 of title 46, United States Code, is amended by striking the item relating to subchapter I and inserting the following:

“SUBCHAPTER I—GOVERNMENT IMPELLED TRANSPORTATION”.

(2) CARGOES PROCURED, FURNISHED, OR FINANCED BY THE UNITED STATES GOVERNMENT.—Section 55305(d)(2)(D) of title 46, United States Code, is amended by striking “section 25(c)(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 1303(a)(1))” and inserting “section 1303(a)(1) of title 41, United States Code,”.

SEC. 3532. National maritime transportation report and strategy.

(a) National maritime transportation report.—Not later than October 31, 2023, the Secretary of Defense shall submit to the appropriate congressional committees a national maritime transportation report. Such report shall include each of the following:

(1) An analysis of the causes for the decline in the number of vessels documented under chapter 121 of title 46, United States Code and operating in the international trade.

(2) An examination of the national security and economic requirements for the United States merchant marine during peacetime and during surge and sustained national defense sealift that addresses—

(A) whether existing United States-flag shipping, maritime labor, and shipbuilding and repair capacity is sufficient to fulfill such sealift requirements; and

(B) if such capacity is not sufficient, the capacity, including naval auxiliary ships, that would be needed during a major conflict by—

(i) the military for strategic sealift; and

(ii) the private sector to sustain the economy.

(3) An evaluation of the contracting procedures for United States Government cargo transport and a determination of whether such policies ensure sufficient access to vessels documented under chapter 121 of title 46, United States Code.

(4) A review of the objectives under section 50101(a) of title 46, United States Code, and a determination of the extent to which legislation, programs, policies, and regulations adopted since the adoption of such objectives in the Merchant Marine Act, 1936 have aligned with such objectives.

(5) A comparison between the subsidy programs of other beneficial flag programs and the existing support programs in the United States.

(b) National maritime transportation strategy.—Not later than October 31, 2024, the Secretary of Defense shall submit to the appropriate congressional committees a national maritime transportation strategy. Such strategy shall include each of the following:

(1) Recommendations to encourage the growth of shipping by United States-flag and United States-owned vessels and the growth of the United States shipbuilding industrial base that are—

(A) sufficient for national and economic security;

(B) consistent with the objectives and policy under section 50101 of title 46, United States Code;

(C) compatible with international treaties and agreements governing maritime safety, security, and environmental protection; and

(D) compatible with rapidly evolving maritime transportation technology.

(2) Recommendations to increase the size of the United States-flagged fleet and increase the pool of United States mariners through—

(A) bolstering existing funding sources;

(B) new funding; or

(c) Independent entity preparation.—The Secretary of Defense shall seek to enter into an agreement with an appropriate non-Department of Defense entity that specializes in maritime research under which such entity shall prepare the report and strategy required under this section.

(d) Consultation requirement.—In carrying out this section, the Secretary of Defense shall consult with—

(1) the Secretary of Transportation, acting through the Maritime Administrator; and

(2) the Secretary of the Department in which the Coast Guard operating, acting through the Commandant of the Coast Guard.

(e) Appropriate congressional committees.—In this section, the term “appropriate congressional committees” means—

(1) the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of the Representatives; and

(2) the Committee on Armed Services and the Committee on Commerce, Science and Transportation of the Senate.

SEC. 4001. Authorization of amounts in funding tables.

(a) In general.—Whenever a funding table in this division specifies a dollar amount authorized for a project, program, or activity, the obligation and expenditure of the specified dollar amount for the project, program, or activity is hereby authorized, subject to the availability of appropriations.

(b) Merit-based decisions.—

(1) IN GENERAL.—A decision to commit, obligate, or expend funds with or to a specific entity on the basis of a dollar amount authorized pursuant to subsection (a) shall—

(A) except as provided in paragraph (2), be based on merit-based selection procedures in accordance with the requirements of sections 2304(k) and 2374 of title 10, United States Code, or on competitive procedures; and

(B) comply with other applicable provisions of law.

(2) EXCEPTION.—Paragraph (1)(A) does not apply to a decision to commit, obligate, or expend funds on the basis of a dollar amount authorized pursuant to subsection (a) if the project, program, or activity involved—

(A) is listed in section 4201; and

(B) is identified as Community Project Funding through the inclusion of the abbreviation “CPF” immediately before the name of the project, program, or activity.

(c) Relationship to transfer and programming authority.—An amount specified in the funding tables in this division may be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. The transfer or reprogramming of an amount specified in such funding tables shall not count against a ceiling on such transfers or reprogrammings under section 1001 of this Act or any other provision of law, unless such transfer or reprogramming would move funds between appropriation accounts.

(d) Applicability to classified annex.—This section applies to any classified annex that accompanies this Act.

(e) Oral and written communications.—No oral or written communication concerning any amount specified in the funding tables in this division shall supersede the requirements of this section.

SEC. 4101. Procurement.

SEC. 4101. PROCUREMENT(In Thousands of Dollars)
Line	Item	FY 2023 Request	House Authorized
	AIRCRAFT PROCUREMENT, ARMY
	FIXED WING
002	MQ–1 UAV		350,000
	Program increase—MQ–1 for Army National Guard		[350,000]
005	SMALL UNMANNED AIRCRAFT SYSTEMS	10,598	20,598
	Short Range Reconnaissance acceleration		[10,000]
	ROTARY
007	AH–64 APACHE BLOCK IIIA REMAN	524,661	524,661
008	AH–64 APACHE BLOCK IIIA REMAN AP	169,218	169,218
010	UH–60 BLACKHAWK M MODEL (MYP)	650,406	706,806
	Add 2 aircraft—combat loss replacement		[57,400]
	Unjustified growth- program management administration		[–1,000]
011	UH–60 BLACKHAWK M MODEL (MYP) AP	68,147	68,147
012	UH–60 BLACK HAWK L AND V MODELS	178,658	178,658
013	CH–47 HELICOPTER	169,149	366,849
	Three additional aircraft		[197,700]
014	CH–47 HELICOPTER AP	18,749	18,749
	MODIFICATION OF AIRCRAFT
016	MQ–1 PAYLOAD	57,700	177,700
	Program increase—recapitalize 12 MQ–1 aircraft		[120,000]
018	GRAY EAGLE MODS2	13,038	13,038
019	MULTI SENSOR ABN RECON	21,380	21,380
020	AH–64 MODS	85,840	122,849
	AH–64 Link 16 modifications		[22,009]
	Manned-unmanned teaming		[15,000]
021	CH–47 CARGO HELICOPTER MODS (MYP)	11,215	36,215
	Degraded visual environment system		[25,000]
024	EMARSS SEMA MODS	1,591	1,591
026	UTILITY HELICOPTER MODS	21,346	33,346
	Load stabilization systems		[12,000]
027	NETWORK AND MISSION PLAN	44,526	44,026
	Unjustified growth—program management administration		[–500]
028	COMMS, NAV SURVEILLANCE	72,387	72,387
030	AVIATION ASSURED PNT	71,130	71,130
031	GATM ROLLUP	14,683	14,683
	GROUND SUPPORT AVIONICS
034	AIRCRAFT SURVIVABILITY EQUIPMENT	167,927	167,927
035	SURVIVABILITY CM	6,622	6,622
036	CMWS	107,112	107,112
037	COMMON INFRARED COUNTERMEASURES (CIRCM)	288,209	288,209
	OTHER SUPPORT
039	COMMON GROUND EQUIPMENT	20,823	20,823
040	AIRCREW INTEGRATED SYSTEMS	25,773	25,773
041	AIR TRAFFIC CONTROL	27,492	27,492
042	LAUNCHER, 2.75 ROCKET	1,275	1,275
	TOTAL AIRCRAFT PROCUREMENT, ARMY	2,849,655	3,657,264

	MISSILE PROCUREMENT, ARMY
	SURFACE-TO-AIR MISSILE SYSTEM
001	LOWER TIER AIR AND MISSILE DEFENSE (AMD) SEN	4,260	4,260
002	LOWER TIER AIR AND MISSILE DEFENSE (AMD) SEN AP	9,200	9,200
003	M-SHORAD—PROCUREMENT	135,747	410,809
	Additional units—Army UPL		[111,100]
	Hellfire pod replacement—Army UPL		[55,740]
	Production line—Army UPL		[108,222]
004	MSE MISSILE	1,037,093	1,037,093
005	PRECISION STRIKE MISSILE (PRSM)	213,172	213,172
006	INDIRECT FIRE PROTECTION CAPABILITY INC 2–I	18,924	20,174
	Force Protection Systems—Indirect Fire Protection Capability		[1,250]
	AIR-TO-SURFACE MISSILE SYSTEM
007	HELLFIRE SYS SUMMARY	111,294	111,294
008	JOINT AIR-TO-GROUND MSLS (JAGM)	216,030	216,030
010	LONG-RANGE HYPERSONIC WEAPON	249,285	249,285
	ANTI-TANK/ASSAULT MISSILE SYS
011	JAVELIN (AAWS-M) SYSTEM SUMMARY	162,968	258,868
	Program increase—CLU		[95,900]
012	TOW 2 SYSTEM SUMMARY	105,423	105,423
013	GUIDED MLRS ROCKET (GMLRS)	785,028	750,028
	Prior Year carryover		[–35,000]
014	MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR)	4,354	4,354
015	HIGH MOBILITY ARTILLERY ROCKET SYSTEM (HIMARS	155,705	155,705
016	LETHAL MINIATURE AERIAL MISSILE SYSTEM (LMAMS	37,937	112,937
	Procurement of Switchblade 600 variant		[75,000]
	MODIFICATIONS
017	PATRIOT MODS	253,689	1,253,689
	4 Additional Fire Units to Equip 16th Patriot Battalion		[1,000,000]
020	ITAS/TOW MODS	5,154	5,154
021	MLRS MODS	218,359	208,359
	Program decrease		[–10,000]
022	HIMARS MODIFICATIONS	20,468	20,468
	SPARES AND REPAIR PARTS
023	SPARES AND REPAIR PARTS	6,508	6,508
	SUPPORT EQUIPMENT & FACILITIES
024	AIR DEFENSE TARGETS	11,317	11,317
	TOTAL MISSILE PROCUREMENT, ARMY	3,761,915	5,164,127

	PROCUREMENT OF W&TCV, ARMY
	TRACKED COMBAT VEHICLES
001	ARMORED MULTI PURPOSE VEHICLE (AMPV)	380,677	780,677
	Program increase		[400,000]
002	ASSAULT BREACHER VEHICLE (ABV)	3,852	3,852
003	MOBILE PROTECTED FIREPOWER	356,708	356,708
	MODIFICATION OF TRACKED COMBAT VEHICLES
004	STRYKER UPGRADE	671,271	891,171
	Program increase modifications—Army UPL		[219,900]
005	BRADLEY PROGRAM (MOD)	279,531	335,631
	Improved Bradley Acquisition Subsystem upgrade—Army UPL		[56,100]
006	M109 FOV MODIFICATIONS	3,028	3,028
007	PALADIN INTEGRATED MANAGEMENT (PIM)	493,003	653,003
	Procure 40 additional sets		[160,000]
008	IMPROVED RECOVERY VEHICLE (M88A2 HERCULES)	138,759	138,759
012	JOINT ASSAULT BRIDGE	36,990	36,990
014	ABRAMS UPGRADE PROGRAM	656,340	1,289,934
	Program increase modifications—Army UPL		[108,994]
	Program increase upgrades—Army UPL		[524,600]
	WEAPONS & OTHER COMBAT VEHICLES
017	MULTI-ROLE ANTI-ARMOR ANTI-PERSONNEL WEAPON S	26,627	26,627
018	MORTAR SYSTEMS	8,516	8,516
019	LOCATION & AZIMUTH DETERMINATION SYSTEM (LADS	48,301	48,301
020	XM320 GRENADE LAUNCHER MODULE (GLM)	11,703	11,703
021	PRECISION SNIPER RIFLE	6,436	6,436
024	NEXT GENERATION SQUAD WEAPON	221,293	221,293
	MOD OF WEAPONS AND OTHER COMBAT VEH
028	M777 MODS	3,374	3,374
029	M4 CARBINE MODS		8,000
	M4 Carbine Upper Receivers		[8,000]
033	M119 MODIFICATIONS	2,263	2,263
	SUPPORT EQUIPMENT & FACILITIES
036	ITEMS LESS THAN $5.0M (WOCV-WTCV)	2,138	2,138
037	PRODUCTION BASE SUPPORT (WOCV-WTCV)	225,220	225,220
	TOTAL PROCUREMENT OF W&TCV, ARMY	3,576,030	5,053,624

	PROCUREMENT OF AMMUNITION, ARMY
	SMALL/MEDIUM CAL AMMUNITION
001	CTG, 5.56MM, ALL TYPES	59,447	71,067
	Program increase		[11,620]
002	CTG, 7.62MM, ALL TYPES	90,019	110,589
	Program increase		[20,570]
003	NEXT GENERATION SQUAD WEAPON AMMUNITION	128,662	128,662
004	CTG, HANDGUN, ALL TYPES	317	317
005	CTG, .50 CAL, ALL TYPES	35,849	65,355
	Program increase		[29,506]
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	163,045
	Program increase—M-SHORAD ground vehicle programs		[20,000]
009	CTG, 40MM, ALL TYPES	85,213	85,213
	MORTAR AMMUNITION
010	60MM MORTAR, ALL TYPES	33,338	33,338
011	81MM MORTAR, ALL TYPES	56,577	56,577
012	120MM MORTAR, ALL TYPES	127,168	127,168
	TANK AMMUNITION
013	CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES	296,943	293,443
	120mm MPT—Unit cost growth		[–3,500]
	ARTILLERY AMMUNITION
014	ARTILLERY CARTRIDGES, 75MM & 105MM, ALL TYPES	7,647	5,647
	Artillery Cartridge unit cost growth		[–2,000]
015	ARTILLERY PROJECTILE, 155MM, ALL TYPES	182,455	172,455
	Proj Arty 155mm HE RAP M1210—Early to need		[–10,000]
017	PRECISION ARTILLERY MUNITIONS	166,334	166,334
018	ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL	143,763	143,763
	MINES
019	MINES & CLEARING CHARGES, ALL TYPES	80,920	65,920
	M58A4 Linear Demolition Charge—Program Reduction		[–10,000]
	MK22 rocket—Program Reduction		[–5,000]
020	CLOSE TERRAIN SHAPING OBSTACLE	53,579	53,579
	ROCKETS
021	SHOULDER LAUNCHED MUNITIONS, ALL TYPES	18,159	18,159
022	ROCKET, HYDRA 70, ALL TYPES	171,697	171,697
	OTHER AMMUNITION
023	CAD/PAD, ALL TYPES	7,643	7,643
024	DEMOLITION MUNITIONS, ALL TYPES	29,796	29,796
025	GRENADES, ALL TYPES	36,251	36,251
026	SIGNALS, ALL TYPES	13,852	13,852
027	SIMULATORS, ALL TYPES	9,350	9,350
028	REACTIVE ARMOR TILES		6,025
	Additional Bradley tiles—Army UPL		[6,025]
	MISCELLANEOUS
029	AMMO COMPONENTS, ALL TYPES	3,823	3,823
030	ITEMS LESS THAN $5 MILLION (AMMO)	19,921	19,921
031	AMMUNITION PECULIAR EQUIPMENT	13,001	13,001
032	FIRST DESTINATION TRANSPORTATION (AMMO)	17,528	17,528
033	CLOSEOUT LIABILITIES	101	101
	PRODUCTION BASE SUPPORT
034	INDUSTRIAL FACILITIES	499,613	678,063
	Construction of Automated Contaminated Waste Plant, Lake City AAP		[10,000]
	Construction of Electrical System Upgrade Phase I, Scranton AAP		[3,000]
	Construction of Erie 1—Unload Manipulator, Scranton AAP		[700]
	Construction of Forge Shop – Process Smog Removal System, Scranton AAP		[500]
	Construction of Forge Shop—Replace Pipes (Subway Area), Scranton AAP		[1,250]
	Construction of Industrial Sewer Modernization, Iowa AAP		[1,600]
	Construction of Infrastructure Repairs Phase I, Scranton AAP		[4,300]
	Construction of Infrastructure Repairs Phase II, Scranton AAP		[3,030]
	Construction of Medium Cal X-Ray Equipment & Infrastructure, Iowa AAP		[2,400]
	Construction of Replace Internal Water/Condensate Lines, Bldgs 1, 2, & 3, Lake City AAP		[8,530]
	Construction of Small Caliber Automated Primer Design, Lake City AAP		[8,000]
	Construction of Storage Yard K Mod & Automation, Iowa AAP		[3,300]
	Construction of Ultra Violet Fire Detection System, Iowa AAP		[3,740]
	Construction of Upgrade Laundry Facility, Holston AAP		[5,600]
	Construction of Water Distribution System, Radford AAP		[25,000]
	Construction of Water In-take Pumps (B. 407), Radford AAP		[2,500]
	Urgent Safety Upgrades to LCAAP		[95,000]
035	CONVENTIONAL MUNITIONS DEMILITARIZATION	80,970	80,970
036	ARMS INITIATIVE	4,039	4,039
	TOTAL PROCUREMENT OF AMMUNITION, ARMY	2,639,051	2,884,722

	OTHER PROCUREMENT, ARMY
	TACTICAL VEHICLES
002	SEMITRAILERS, FLATBED:	23,021	23,021
003	SEMITRAILERS, TANKERS	21,869	21,869
004	HI MOB MULTI-PURP WHLD VEH (HMMWV)	6,121	6,121
005	GROUND MOBILITY VEHICLES (GMV)	34,316	47,116
	Program increase		[12,800]
007	JOINT LIGHT TACTICAL VEHICLE FAMILY OF VEHICL	703,110	703,110
008	TRUCK, DUMP, 20T (CCE)		30,000
	Program increase		[30,000]
009	FAMILY OF MEDIUM TACTICAL VEH (FMTV)	74,086	157,746
	Program increase		[83,660]
010	FAMILY OF COLD WEATHER ALL-TERRAIN VEHICLE (C	23,772	23,772
011	FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP	39,950	39,950
012	FAMILY OF HEAVY TACTICAL VEHICLES (FHTV)	96,112	239,612
	Program increase		[143,500]
013	PLS ESP	54,674	54,674
016	MODIFICATION OF IN SVC EQUIP	31,819	214,819
	HMMWV safety upgrades		[183,000]
	NON-TACTICAL VEHICLES
017	PASSENGER CARRYING VEHICLES	1,286	1,286
018	NONTACTICAL VEHICLES, OTHER	15,059	15,059
	COMM—JOINT COMMUNICATIONS
019	SIGNAL MODERNIZATION PROGRAM	179,853	169,853
	Equipment Cost Growth		[–5,000]
	Software Cost Growth		[–5,000]
020	TACTICAL NETWORK TECHNOLOGY MOD IN SVC	382,007	417,007
	Program acceleration (mobile networking for three maneuver battalions)		[35,000]
022	DISASTER INCIDENT RESPONSE COMMS TERMINAL (DI	4,066	4,066
023	JCSE EQUIPMENT (USRDECOM)	5,505	5,505
	COMM—SATELLITE COMMUNICATIONS
026	DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS	107,228	107,228
027	TRANSPORTABLE TACTICAL COMMAND COMMUNICATIONS	119,259	119,259
028	SHF TERM	23,173	23,173
029	ASSURED POSITIONING, NAVIGATION AND TIMING	184,911	204,911
	MAPS—Army UPL		[20,000]
030	EHF SATELLITE COMMUNICATION	5,853	5,853
031	SMART-T (SPACE)	4,916	4,916
032	GLOBAL BRDCST SVC—GBS	3,179	3,179
	COMM—C3 SYSTEM
034	COE TACTICAL SERVER INFRASTRUCTURE (TSI)	94,287	87,287
	Unjustified cost growth		[–7,000]
	COMM—COMBAT COMMUNICATIONS
035	HANDHELD MANPACK SMALL FORM FIT (HMS)	728,366	728,366
037	ARMY LINK 16 SYSTEMS	47,581	47,581
039	UNIFIED COMMAND SUITE	20,178	20,178
040	COTS COMMUNICATIONS EQUIPMENT	320,595	320,595
041	FAMILY OF MED COMM FOR COMBAT CASUALTY CARE	7,621	7,621
042	ARMY COMMUNICATIONS & ELECTRONICS	59,705	59,705
	COMM—INTELLIGENCE COMM
043	CI AUTOMATION ARCHITECTURE-INTEL	13,891	13,891
045	MULTI-DOMAIN INTELLIGENCE	20,637	20,637
	INFORMATION SECURITY
046	INFORMATION SYSTEM SECURITY PROGRAM-ISSP	1,019	1,019
047	COMMUNICATIONS SECURITY (COMSEC)	125,692	125,692
049	INSIDER THREAT PROGRAM—UNIT ACTIVITY MONITO	1,796	1,796
051	BIOMETRIC ENABLING CAPABILITY (BEC)	816	816
052	ARCYBER DEFENSIVE CYBER OPERATIONS	18,239	18,239
	COMM—LONG HAUL COMMUNICATIONS
054	BASE SUPPORT COMMUNICATIONS	10,262	25,262
	CONUS land mobile radio		[15,000]
	COMM—BASE COMMUNICATIONS
055	INFORMATION SYSTEMS	116,522	140,522
	IT Network Refresh		[24,000]
056	EMERGENCY MANAGEMENT MODERNIZATION PROGRAM	5,036	5,036
059	INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM	214,806	214,806
	ELECT EQUIP—TACT INT REL ACT (TIARA)
062	TITAN	84,821	0
	Army requested realignment to OPA line 66		[–19,680]
	Army Requested Realignment to RDTE		[–50,900]
	Funding ahead of need		[–14,241]
063	JTT/CIBS-M	2,352	2,352
064	TERRESTRIAL LAYER SYSTEMS (TLS)	88,915	88,915
066	DCGS-A-INTEL	76,771	116,451
	Additional systems—Army UPL		[20,000]
	Army requested realignment from OPA line 62		[19,680]
067	JOINT TACTICAL GROUND STATION (JTAGS)-INTEL	349	349
068	TROJAN	20,562	69,282
	Add 15—Army UPL		[48,720]
069	MOD OF IN-SVC EQUIP (INTEL SPT)	30,424	59,724
	Prophet Enhanced ESP Kits		[20,000]
	Service Tactical SIGINT upgrades—INDOPACOM UPL		[9,300]
070	BIOMETRIC TACTICAL COLLECTION DEVICES	2,269	2,269
	ELECT EQUIP—ELECTRONIC WARFARE (EW)
073	AIR VIGILANCE (AV)	5,688	5,688
074	MULTI-FUNCTION ELECTRONIC WARFARE (MFEW) SYST	3,060	3,060
076	COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES	19,519	19,519
077	CI MODERNIZATION	437	437
	ELECT EQUIP—TACTICAL SURV. (TAC SURV)
078	SENTINEL MODS	166,736	166,736
079	NIGHT VISION DEVICES	424,253	619,953
	ENVGB program extension		[100,000]
	IVAS—Army UPL		[95,700]
080	SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF	11,357	11,357
082	FAMILY OF WEAPON SIGHTS (FWS)	202,258	194,258
	Program decrease		[–8,000]
083	ENHANCED PORTABLE INDUCTIVE ARTILLERY FUZE SE	5,116	5,116
084	FORWARD LOOKING INFRARED (IFLIR)	37,914	37,914
085	COUNTER SMALL UNMANNED AERIAL SYSTEM (C-SUAS)	326,364	448,364
	Coyote BLK2+ interceptors—Army UPL		[122,000]
086	JOINT BATTLE COMMAND—PLATFORM (JBC-P)	186,515	176,515
	Program growth		[–10,000]
087	JOINT EFFECTS TARGETING SYSTEM (JETS)	10,304	10,304
088	COMPUTER BALLISTICS: LHMBC XM32	3,038	3,038
089	MORTAR FIRE CONTROL SYSTEM	4,879	4,879
090	MORTAR FIRE CONTROL SYSTEMS MODIFICATIONS	4,370	4,370
091	COUNTERFIRE RADARS	162,208	162,208
	ELECT EQUIP—TACTICAL C2 SYSTEMS
092	ARMY COMMAND POST INTEGRATED INFRASTRUCTURE (	60,455	60,455
093	FIRE SUPPORT C2 FAMILY	9,676	9,676
094	AIR & MSL DEFENSE PLANNING & CONTROL SYS	72,619	72,619
095	IAMD BATTLE COMMAND SYSTEM	438,967	438,967
096	LIFE CYCLE SOFTWARE SUPPORT (LCSS)	4,586	4,586
097	NETWORK MANAGEMENT INITIALIZATION AND SERVICE	37,199	37,199
098	GLOBAL COMBAT SUPPORT SYSTEM-ARMY (GCSS-A)	4,102	4,102
099	INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPP	6,926	6,926
101	MOD OF IN-SVC EQUIPMENT (ENFIRE)	4,076	15,076
	GPS laser leveling system		[11,000]
	ELECT EQUIP—AUTOMATION
102	ARMY TRAINING MODERNIZATION	8,033	8,033
103	AUTOMATED DATA PROCESSING EQUIP	96,554	106,554
	AFRICOM Enterprise C2 Network Resiliency		[10,000]
104	ACCESSIONS INFORMATION ENVIRONMENT (AIE)	43,767	33,767
	Insufficient justification		[–10,000]
105	GENERAL FUND ENTERPRISE BUSINESS SYSTEMS FAM	97	97
106	HIGH PERF COMPUTING MOD PGM (HPCMP)	73,655	73,655
107	CONTRACT WRITING SYSTEM	17,701	17,701
108	CSS COMMUNICATIONS	88,141	88,141
	ELECT EQUIP—SUPPORT
111	BCT EMERGING TECHNOLOGIES	12,853	12,853
	CLASSIFIED PROGRAMS
111A	CLASSIFIED PROGRAMS	1,596	1,596
	CHEMICAL DEFENSIVE EQUIPMENT
113	BASE DEFENSE SYSTEMS (BDS)	47,960	47,960
114	CBRN DEFENSE	56,129	56,129
	BRIDGING EQUIPMENT
116	TACTICAL BRIDGING	13,785	13,785
118	BRIDGE SUPPLEMENTAL SET	6,774	6,774
119	COMMON BRIDGE TRANSPORTER (CBT) RECAP	10,379	10,379
	ENGINEER (NON-CONSTRUCTION) EQUIPMENT
124	ROBOTICS AND APPLIQUE SYSTEMS	52,340	37,340
	SMETS program delay		[–15,000]
	COMBAT SERVICE SUPPORT EQUIPMENT
127	HEATERS AND ECU'S	7,672	7,672
129	PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS)	4,691	4,691
130	GROUND SOLDIER SYSTEM	124,953	124,953
131	MOBILE SOLDIER POWER	15,933	15,933
132	FORCE PROVIDER		58,000
	Program increase		[58,000]
134	CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM	42,444	42,444
136	ITEMS LESS THAN $5M (ENG SPT)	4,155	4,155
	PETROLEUM EQUIPMENT
137	QUALITY SURVEILLANCE EQUIPMENT	2,845	2,845
138	DISTRIBUTION SYSTEMS, PETROLEUM & WATER	26,433	45,733
	Modular Fuel System—Tank Rack Module - Army UPL		[19,300]
	MEDICAL EQUIPMENT
139	COMBAT SUPPORT MEDICAL	75,606	75,606
	MAINTENANCE EQUIPMENT
140	MOBILE MAINTENANCE EQUIPMENT SYSTEMS	3,936	3,936
	CONSTRUCTION EQUIPMENT
147	ALL TERRAIN CRANES	31,341	31,341
148	HIGH MOBILITY ENGINEER EXCAVATOR (HMEE)		18,300
	Program increase		[18,300]
149	FAMILY OF DIVER SUPPORT EQUIPMENT	3,256	3,256
150	CONST EQUIP ESP	9,104	9,104
	RAIL FLOAT CONTAINERIZATION EQUIPMENT
151	ARMY WATERCRAFT ESP	47,889	47,889
152	MANEUVER SUPPORT VESSEL (MSV)	104,676	104,676
153	ITEMS LESS THAN $5.0M (FLOAT/RAIL)	10,131	10,131
	GENERATORS
154	GENERATORS AND ASSOCIATED EQUIP	54,400	54,400
155	TACTICAL ELECTRIC POWER RECAPITALIZATION	8,293	8,293
	MATERIAL HANDLING EQUIPMENT
156	FAMILY OF FORKLIFTS	8,819	8,819
	TRAINING EQUIPMENT
157	COMBAT TRAINING CENTERS SUPPORT	48,046	48,046
158	TRAINING DEVICES, NONSYSTEM	201,966	194,966
	Program decrease		[–7,000]
159	SYNTHETIC TRAINING ENVIRONMENT (STE)	255,670	295,670
	One World Terrain (STE-OWT)—Army UPL		[40,000]
160	GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING	9,546	9,546
	TEST MEASURE AND DIG EQUIPMENT (TMD)
162	INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE)	36,514	36,514
164	TEST EQUIPMENT MODERNIZATION (TEMOD)	32,734	32,734
	OTHER SUPPORT EQUIPMENT
166	PHYSICAL SECURITY SYSTEMS (OPA3)	102,556	110,706
	Force Protection Systems—Physical Security Systems		[14,150]
	Program decrease		[–6,000]
167	BASE LEVEL COMMON EQUIPMENT	31,417	31,417
168	MODIFICATION OF IN-SVC EQUIPMENT (OPA–3)	24,047	24,047
169	BUILDING, PRE-FAB, RELOCATABLE	32,151	32,151
170	SPECIAL EQUIPMENT FOR TEST AND EVALUATION	84,779	80,779
	Program decrease		[–4,000]
	OPA2
172	INITIAL SPARES—C&E	10,463	10,463
	TOTAL OTHER PROCUREMENT, ARMY	8,457,509	9,448,798

	AIRCRAFT PROCUREMENT, NAVY
	COMBAT AIRCRAFT
001	F/A–18E/F (FIGHTER) HORNET	90,865	737,065
	8 aircraft—USNR		[666,000]
	Program decrease		[–19,800]
002	JOINT STRIKE FIGHTER CV	1,663,515	1,704,115
	TR–3 Organic Depot Standup		[40,600]
003	JOINT STRIKE FIGHTER CV AP	387,596	387,596
004	JSF STOVL	1,909,635	1,950,235
	TR–3 Organic Depot Standup		[40,600]
005	JSF STOVL AP	200,118	200,118
006	CH–53K (HEAVY LIFT)	1,669,986	1,913,986
	Add 2 aircraft		[250,000]
	Unjustified cost growth—Other ILS		[–2,000]
	Unjustified cost growth—Pubs/ Tech data		[–4,000]
007	CH–53K (HEAVY LIFT) AP	357,824	357,824
008	V–22 (MEDIUM LIFT)	31,795	243,795
	Unit quantity increase—2 aircraft		[212,000]
011	P–8A POSEIDON	41,521	31,521
	Program decrease		[–10,000]
012	E–2D ADV HAWKEYE	842,401	1,242,301
	2 additional E–2D aircraft—Navy UPL		[399,900]
	TRAINER AIRCRAFT
014	MULTI-ENGINE TRAINING SYSTEM (METS)	123,217	123,217
015	ADVANCED HELICOPTER TRAINING SYSTEM	119,816	119,816
	OTHER AIRCRAFT
016	KC–130J	439,501	1,138,601
	2 additional USMC C–130 aircraft—USMC UPL		[252,900]
	3 additional Navy C–130 aircraft—Navy UPL		[446,200]
017	KC–130J AP	29,122	44,522
	Advanced Procurement for USMC aircraft—USMC UPL		[15,400]
019	MQ–4 TRITON	587,820	567,820
	Program decrease		[–20,000]
020	MQ–4 TRITON AP	75,235	75,235
021	MQ–8 UAV		21,000
	Costs associated with restoring 5 LCS		[21,000]
022	STUASL0 UAV	2,703	2,703
023	MQ–25	696,713	696,713
024	MQ–25 AP	51,463	51,463
025	MARINE GROUP 5 UAS	103,882	93,882
	Program decrease		[–10,000]
	MODIFICATION OF AIRCRAFT
027	F–18 A-D UNIQUE	141,514	141,514
028	F–18E/F AND EA–18G MODERNIZATION AND SUSTAINM	572,681	572,681
029	MARINE GROUP 5 UAS SERIES	86,116	86,116
030	AEA SYSTEMS	25,058	25,058
031	AV–8 SERIES	26,657	26,657
032	INFRARED SEARCH AND TRACK (IRST)	144,699	144,699
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	135,798
	H–1 Digital Interoperability (DI) Link–16		[13,300]
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 SERIES	10,902	10,902
045	E–6 SERIES	129,049	129,049
046	EXECUTIVE HELICOPTERS SERIES	55,265	55,265
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 MODS	1,143	1,143
051	COMMON ECM EQUIPMENT	129,722	129,722
052	COMMON AVIONICS CHANGES	136,883	136,883
053	COMMON DEFENSIVE WEAPON SYSTEM	6,373	6,373
054	ID SYSTEMS	3,828	3,828
055	P–8 SERIES	249,342	310,042
	2 additional kits for P–8 increment 3—Navy UPL		[60,700]
056	MAGTF EW FOR AVIATION	24,684	24,684
057	MQ–8 SERIES	9,846	17,146
	Costs associated with restoring 5 LCS		[7,300]
058	V–22 (TILT/ROTOR ACFT) OSPREY	207,621	290,121
	V–22 Nacelle Improvement		[82,500]
059	NEXT GENERATION JAMMER (NGJ)	401,563	468,563
	Program increase—2 shipsets - Navy UPL		[67,000]
060	F–35 STOVL SERIES	216,356	216,356
061	F–35 CV SERIES	208,336	208,336
062	QRC	47,864	47,864
063	MQ–4 SERIES	94,738	94,738
064	RQ–21 SERIES	6,576	6,576
	AIRCRAFT SPARES AND REPAIR PARTS
068	SPARES AND REPAIR PARTS	1,872,417	2,071,365
	Costs associated with restoring 5 LCS		[1,200]
	F–35B Engine/Lift System—USMC UPL		[117,000]
	MH–60R spares		[23,143]
	MH–60S spares		[7,605]
	Various systems—Navy UPL		[50,000]
	AIRCRAFT SUPPORT EQUIP & FACILITIES
069	COMMON GROUND EQUIPMENT	542,214	542,214
070	AIRCRAFT INDUSTRIAL FACILITIES	101,559	101,559
071	WAR CONSUMABLES	40,316	40,316
072	OTHER PRODUCTION CHARGES	46,403	46,403
073	SPECIAL SUPPORT EQUIPMENT	423,280	423,280
	TOTAL AIRCRAFT PROCUREMENT, NAVY	16,848,428	19,556,976

	WEAPONS PROCUREMENT, NAVY
	MODIFICATION OF MISSILES
001	TRIDENT II MODS	1,125,164	1,125,164
	SUPPORT EQUIPMENT & FACILITIES
002	MISSILE INDUSTRIAL FACILITIES	7,767	7,767
	STRATEGIC MISSILES
003	TOMAHAWK	160,190	403,790
	Expeditionary VLS Reload System—Navy UPL		[1,600]
	Unit quantity increase		[242,000]
	TACTICAL MISSILES
004	AMRAAM	335,900	335,900
005	SIDEWINDER	63,288	89,188
	Additional missiles—Navy UPL		[25,900]
006	STANDARD MISSILE	489,123	489,123
008	JASSM	58,481	58,481
009	SMALL DIAMETER BOMB II	108,317	108,317
010	RAM	92,131	92,131
011	JOINT AIR GROUND MISSILE (JAGM)	78,395	78,395
012	HELLFIRE	6,603	6,603
013	AERIAL TARGETS	183,222	183,222
014	DRONES AND DECOYS	62,930	62,930
015	OTHER MISSILE SUPPORT	3,524	3,524
016	LRASM	226,022	259,122
	Additional missiles—Navy UPL		[33,100]
017	NAVAL STRIKE MISSILE (NSM)	59,034	59,034
	MODIFICATION OF MISSILES
018	TOMAHAWK MODS	435,308	435,308
019	ESSM	282,035	282,035
020	AARGM	131,275	131,275
021	STANDARD MISSILES MODS	71,198	71,198
	SUPPORT EQUIPMENT & FACILITIES
022	WEAPONS INDUSTRIAL FACILITIES	1,976	1,976
	ORDNANCE SUPPORT EQUIPMENT
025	ORDNANCE SUPPORT EQUIPMENT	40,793	40,793
	TORPEDOES AND RELATED EQUIP
026	SSTD	3,789	3,789
027	MK–48 TORPEDO	151,128	200,128
	MK 48 Heavyweight Torpedo Procurement—Navy UPL		[49,000]
028	ASW TARGETS	14,403	14,403
	MOD OF TORPEDOES AND RELATED EQUIP
029	MK–54 TORPEDO MODS	106,772	126,772
	Program increase		[20,000]
030	MK–48 TORPEDO ADCAP MODS	18,502	18,502
031	MARITIME MINES	9,282	9,282
	SUPPORT EQUIPMENT
032	TORPEDO SUPPORT EQUIPMENT	87,044	87,044
033	ASW RANGE SUPPORT	3,965	3,965
	DESTINATION TRANSPORTATION
034	FIRST DESTINATION TRANSPORTATION	5,315	5,315
	GUNS AND GUN MOUNTS
035	SMALL ARMS AND WEAPONS	13,859	13,859
	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 NEUTRALIZATION SYSTEMS	8,710	8,710
	SPARES AND REPAIR PARTS
042	SPARES AND REPAIR PARTS	170,041	170,041
	TOTAL WEAPONS PROCUREMENT, NAVY	4,738,705	5,110,305

	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 TYPES	70,005	70,005
004	MACHINE GUN AMMUNITION	20,586	20,586
005	PRACTICE BOMBS	51,109	51,109
006	CARTRIDGES & CART ACTUATED DEVICES	72,534	72,534
007	AIR EXPENDABLE COUNTERMEASURES	114,475	114,475
008	JATOS	7,096	7,096
009	5 INCH/54 GUN AMMUNITION	30,018	30,018
010	INTERMEDIATE CALIBER GUN AMMUNITION	40,089	40,089
011	OTHER SHIP GUN AMMUNITION	42,707	42,707
012	SMALL ARMS & LANDING PARTY AMMO	49,023	49,023
013	PYROTECHNIC AND DEMOLITION	9,480	9,480
014	AMMUNITION LESS THAN $5 MILLION	1,622	1,622
	MARINE CORPS AMMUNITION
015	MORTARS	71,214	71,214
016	DIRECT SUPPORT MUNITIONS	65,169	65,169
017	INFANTRY WEAPONS AMMUNITION	225,271	225,271
018	COMBAT SUPPORT MUNITIONS	19,691	19,691
019	AMMO MODERNIZATION	17,327	17,327
020	ARTILLERY MUNITIONS	15,514	15,514
021	ITEMS LESS THAN $5 MILLION	5,476	5,476
	TOTAL PROCUREMENT OF AMMO, NAVY & MC	1,052,292	1,052,292

	SHIPBUILDING AND CONVERSION, NAVY
	FLEET BALLISTIC MISSILE SHIPS
001	OHIO REPLACEMENT SUBMARINE	3,079,223	3,079,223
002	OHIO REPLACEMENT SUBMARINE AP	2,778,553	2,778,553
	OTHER WARSHIPS
003	CARRIER REPLACEMENT PROGRAM	1,481,530	1,466,530
	Program decrease		[–15,000]
004	CVN–81	1,052,024	1,037,024
	Program decrease		[–15,000]
005	VIRGINIA CLASS SUBMARINE	4,534,184	4,534,184
006	VIRGINIA CLASS SUBMARINE AP	2,025,651	2,025,651
008	CVN REFUELING OVERHAULS AP	618,295	618,295
009	DDG 1000	72,976	72,976
010	DDG–51	4,376,537	5,814,806
	Large Surface Combatant Shipyard Infrastructure		[250,000]
	One additional ship		[1,188,269]
011	DDG–51 AP	618,352	748,352
	Third DDG in FY 2024		[130,000]
013	FFG-FRIGATE	1,085,224	2,082,473
	One additional ship		[923,849]
	Wholeness for FFG–62 Procurement—Navy UPL		[73,400]
014	FFG-FRIGATE AP	74,949	74,949
	AMPHIBIOUS SHIPS
015	LPD FLIGHT II	1,673,000	1,673,000
016	LPD FLIGHT II AP		250,000
	LPD–33 Advanced Procurement		[250,000]
020	LHA REPLACEMENT	1,085,470	1,374,470
	LHA 10 advance procurement		[289,000]
021	EXPEDITIONARY FAST TRANSPORT (EPF)		695,000
	EMS		[695,000]
	AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST
022	TAO FLEET OILER	794,719	1,540,719
	One additional ship		[746,000]
024	TOWING, SALVAGE, AND RESCUE SHIP (ATS)	95,915	95,915
027	OUTFITTING	707,412	707,412
028	SHIP TO SHORE CONNECTOR	190,433	391,838
	Unit quantity increase		[201,405]
029	SERVICE CRAFT	68,274	68,274
030	LCAC SLEP	36,301	36,301
031	AUXILIARY VESSELS (USED SEALIFT)	140,686	140,686
032	COMPLETION OF PY SHIPBUILDING PROGRAMS	1,328,146	1,373,146
	CVN 73 RCOH Cost-to-Complete—Navy UPL		[45,000]
	TOTAL SHIPBUILDING AND CONVERSION, NAVY	27,917,854	32,679,777

	OTHER PROCUREMENT, NAVY
	SHIP PROPULSION EQUIPMENT
001	SURFACE POWER EQUIPMENT	46,478	46,478
	GENERATORS
002	SURFACE COMBATANT HM&E	84,615	84,615
	NAVIGATION EQUIPMENT
003	OTHER NAVIGATION EQUIPMENT	98,079	78,079
	Program decrease		[–20,000]
	OTHER SHIPBOARD EQUIPMENT
004	SUB PERISCOPE, IMAGING AND SUPT EQUIP PROG	266,300	226,300
	Unjustified growth		[–40,000]
005	DDG MOD	770,341	770,341
006	FIREFIGHTING EQUIPMENT	19,687	19,687
007	COMMAND AND CONTROL SWITCHBOARD	2,406	2,406
008	LHA/LHD MIDLIFE	38,200	53,700
	LHD and LHA Class Electric Plant Wholeness—Navy UPL		[15,500]
009	LCC 19/20 EXTENDED SERVICE LIFE PROGRAM	20,028	15,028
	Program decrease		[–5,000]
010	POLLUTION CONTROL EQUIPMENT	17,682	17,682
011	SUBMARINE SUPPORT EQUIPMENT	117,799	117,799
012	VIRGINIA CLASS SUPPORT EQUIPMENT	32,300	32,300
013	LCS CLASS SUPPORT EQUIPMENT	15,238	10,238
	Unjustified growth		[–5,000]
014	SUBMARINE BATTERIES	24,137	24,137
015	LPD CLASS SUPPORT EQUIPMENT	54,496	54,496
016	DDG 1000 CLASS SUPPORT EQUIPMENT	314,333	284,333
	Program decrease		[–30,000]
017	STRATEGIC PLATFORM SUPPORT EQUIP	13,504	13,504
018	DSSP EQUIPMENT	3,660	3,660
019	CG MODERNIZATION	59,054	59,054
020	LCAC	17,452	17,452
021	UNDERWATER EOD EQUIPMENT	35,417	35,417
022	ITEMS LESS THAN $5 MILLION	60,812	60,812
023	CHEMICAL WARFARE DETECTORS	3,202	3,202
	REACTOR PLANT EQUIPMENT
025	SHIP MAINTENANCE, REPAIR AND MODERNIZATION	1,242,532	1,242,532
026	REACTOR POWER UNITS	4,690	4,690
027	REACTOR COMPONENTS	408,989	408,989
	OCEAN ENGINEERING
028	DIVING AND SALVAGE EQUIPMENT	11,773	11,773
	SMALL BOATS
029	STANDARD BOATS	57,262	78,730
	Six additional 40-foot Patrol Boats		[21,468]
	PRODUCTION FACILITIES EQUIPMENT
030	OPERATING FORCES IPE	174,743	174,743
	OTHER SHIP SUPPORT
031	LCS COMMON MISSION MODULES EQUIPMENT	57,313	57,313
032	LCS MCM MISSION MODULES	94,987	97,187
	Mine Countermeasures Mission Package Capacity and Wholeness—Navy UPL		[2,200]
033	LCS ASW MISSION MODULES	3,594	0
	Program decrease		[–3,594]
034	LCS SUW MISSION MODULES	5,100	5,100
035	LCS IN-SERVICE MODERNIZATION	76,526	111,526
	Costs associated with restoring 5 LCS		[65,000]
	Program decrease		[–30,000]
036	SMALL & MEDIUM UUV	49,763	44,763
	Unjustified growth		[–5,000]
	SHIP SONARS
037	SPQ–9B RADAR	12,063	12,063
038	AN/SQQ–89 SURF ASW COMBAT SYSTEM	141,591	141,591
039	SSN ACOUSTIC EQUIPMENT	446,653	446,653
040	UNDERSEA WARFARE SUPPORT EQUIPMENT	17,424	17,424
	ASW ELECTRONIC EQUIPMENT
041	SUBMARINE ACOUSTIC WARFARE SYSTEM	31,708	31,708
042	SSTD	14,325	14,325
043	FIXED SURVEILLANCE SYSTEM	266,228	266,228
044	SURTASS	25,030	46,130
	Navy UPL		[21,100]
	ELECTRONIC WARFARE EQUIPMENT
045	AN/SLQ–32	292,417	292,417
	RECONNAISSANCE EQUIPMENT
046	SHIPBOARD IW EXPLOIT	311,210	316,910
	Counter-Command, Control, Communications, Computers and Combat Systems Intelligence, Surveillance and Reconnaissance and Targeting (C-C5ISR&T)—Navy UPL		[5,700]
047	AUTOMATED IDENTIFICATION SYSTEM (AIS)	2,487	2,487
	OTHER SHIP ELECTRONIC EQUIPMENT
048	COOPERATIVE ENGAGEMENT CAPABILITY	34,500	34,500
049	NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS)	19,038	19,038
050	ATDLS	73,675	73,675
051	NAVY COMMAND AND CONTROL SYSTEM (NCCS)	3,435	3,435
052	MINESWEEPING SYSTEM REPLACEMENT	16,336	16,336
054	NAVSTAR GPS RECEIVERS (SPACE)	30,439	30,439
055	AMERICAN FORCES RADIO AND TV SERVICE	2,724	2,724
056	STRATEGIC PLATFORM SUPPORT EQUIP	6,266	6,266
	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 APPROACH AND LANDING SYSTEM (	8,186	8,186
061	NAVAL MISSION PLANNING SYSTEMS	26,778	26,778
	OTHER SHORE ELECTRONIC EQUIPMENT
062	MARITIME INTEGRATED BROADCAST SYSTEM	3,520	3,520
063	TACTICAL/MOBILE C4I SYSTEMS	31,840	31,840
064	DCGS-N	15,606	15,606
065	CANES	402,550	382,550
	Insufficient justification		[–40,000]
	Intel secure data links		[20,000]
066	RADIAC	9,062	9,062
067	CANES-INTELL	48,665	48,665
068	GPETE	23,479	23,479
069	MASF	11,792	11,792
070	INTEG COMBAT SYSTEM TEST FACILITY	6,053	6,053
071	EMI CONTROL INSTRUMENTATION	4,219	4,219
072	ITEMS LESS THAN $5 MILLION	102,846	102,846
	SHIPBOARD COMMUNICATIONS
073	SHIPBOARD TACTICAL COMMUNICATIONS	36,941	36,941
074	SHIP COMMUNICATIONS AUTOMATION	101,691	101,691
075	COMMUNICATIONS ITEMS UNDER $5M	55,290	55,290
	SUBMARINE COMMUNICATIONS
076	SUBMARINE BROADCAST SUPPORT	91,150	91,150
077	SUBMARINE COMMUNICATION EQUIPMENT	74,569	74,569
	SATELLITE COMMUNICATIONS
078	SATELLITE COMMUNICATIONS SYSTEMS	39,827	39,827
079	NAVY MULTIBAND TERMINAL (NMT)	24,586	24,586
	SHORE COMMUNICATIONS
080	JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE)	4,699	4,699
	CRYPTOGRAPHIC EQUIPMENT
081	INFO SYSTEMS SECURITY PROGRAM (ISSP)	156,034	156,034
082	MIO INTEL EXPLOITATION TEAM	1,055	1,055
	CRYPTOLOGIC EQUIPMENT
083	CRYPTOLOGIC COMMUNICATIONS EQUIP	18,832	20,332
	Service Tactical SIGINT Upgrades—INDOPACOM UPL		[1,500]
	OTHER ELECTRONIC SUPPORT
092	COAST GUARD EQUIPMENT	68,556	68,556
	SONOBUOYS
094	SONOBUOYS—ALL TYPES	291,670	303,521
	Program increase		[11,851]
	AIRCRAFT SUPPORT EQUIPMENT
095	MINOTAUR	5,247	5,247
096	WEAPONS RANGE SUPPORT EQUIPMENT	106,209	106,209
097	AIRCRAFT SUPPORT EQUIPMENT	275,461	275,461
098	ADVANCED ARRESTING GEAR (AAG)	22,717	22,717
099	ELECTROMAGNETIC AIRCRAFT LAUNCH SYSTEM (EMALS	18,594	18,594
100	METEOROLOGICAL EQUIPMENT	15,175	15,175
101	LEGACY AIRBORNE MCM	4,689	4,689
102	LAMPS EQUIPMENT	1,610	1,610
103	AVIATION SUPPORT EQUIPMENT	86,409	86,409
104	UMCS-UNMAN CARRIER AVIATION(UCA)MISSION CNTRL	136,647	136,647
	SHIP GUN SYSTEM EQUIPMENT
105	SHIP GUN SYSTEMS EQUIPMENT	5,902	5,902
	SHIP MISSILE SYSTEMS EQUIPMENT
106	HARPOON SUPPORT EQUIPMENT	217	217
107	SHIP MISSILE SUPPORT EQUIPMENT	286,788	292,788
	SPY–1 Low Noise Amplyfier		[6,000]
108	TOMAHAWK SUPPORT EQUIPMENT	95,856	95,856
	FBM SUPPORT EQUIPMENT
109	STRATEGIC MISSILE SYSTEMS EQUIP	279,430	279,430
	ASW SUPPORT EQUIPMENT
110	SSN COMBAT CONTROL SYSTEMS	128,874	128,874
111	ASW SUPPORT EQUIPMENT	26,920	35,720
	Secure Autonomous Data Link for USW Portable Ranges		[8,800]
	OTHER ORDNANCE SUPPORT EQUIPMENT
112	EXPLOSIVE ORDNANCE DISPOSAL EQUIP	17,048	20,548
	Dismounted Reconnaissance—Sets, Kits and Outfits (DR-SKO)		[3,500]
113	ITEMS LESS THAN $5 MILLION	5,938	5,938
	OTHER EXPENDABLE ORDNANCE
114	ANTI-SHIP MISSILE DECOY SYSTEM	86,264	86,264
115	SUBMARINE TRAINING DEVICE MODS	80,591	80,591
116	SURFACE TRAINING EQUIPMENT	198,695	198,695
	CIVIL ENGINEERING SUPPORT EQUIPMENT
117	PASSENGER CARRYING VEHICLES	4,799	4,799
118	GENERAL PURPOSE TRUCKS	2,542	2,542
119	CONSTRUCTION & MAINTENANCE EQUIP	50,619	61,019
	GPS laser leveling system		[9,200]
	VLS training equipment—Navy UPL		[1,200]
120	FIRE FIGHTING EQUIPMENT	16,305	16,305
121	TACTICAL VEHICLES	28,586	33,386
	Program increase—Navy UPL		[4,800]
122	POLLUTION CONTROL EQUIPMENT	2,840	2,840
123	ITEMS LESS THAN $5 MILLION	64,311	64,311
124	PHYSICAL SECURITY VEHICLES	1,263	1,263
	SUPPLY SUPPORT EQUIPMENT
125	SUPPLY EQUIPMENT	32,338	32,338
126	FIRST DESTINATION TRANSPORTATION	6,255	6,255
127	SPECIAL PURPOSE SUPPLY SYSTEMS	613,039	613,039
	TRAINING DEVICES
128	TRAINING SUPPORT EQUIPMENT	1,285	1,285
129	TRAINING AND EDUCATION EQUIPMENT	44,618	44,618
	COMMAND SUPPORT EQUIPMENT
130	COMMAND SUPPORT EQUIPMENT	55,728	55,728
131	MEDICAL SUPPORT EQUIPMENT	5,325	5,325
133	NAVAL MIP SUPPORT EQUIPMENT	6,077	6,077
134	OPERATING FORCES SUPPORT EQUIPMENT	16,252	16,252
135	C4ISR EQUIPMENT	6,497	6,497
136	ENVIRONMENTAL SUPPORT EQUIPMENT	36,592	36,592
137	PHYSICAL SECURITY EQUIPMENT	118,598	114,598
	Program decrease		[–4,000]
138	ENTERPRISE INFORMATION TECHNOLOGY	29,407	29,407
	OTHER
142	NEXT GENERATION ENTERPRISE SERVICE	201,314	201,314
143	CYBERSPACE ACTIVITIES	5,018	5,018
144	CYBER MISSION FORCES	17,115	17,115
	CLASSIFIED PROGRAMS
144A	CLASSIFIED PROGRAMS	17,295	17,295
	SPARES AND REPAIR PARTS
145	SPARES AND REPAIR PARTS	532,313	532,313
	TOTAL OTHER PROCUREMENT, NAVY	11,746,503	11,761,728

	PROCUREMENT, MARINE CORPS
	TRACKED COMBAT VEHICLES
001	AAV7A1 PIP	5,653	5,653
002	AMPHIBIOUS COMBAT VEHICLE FAMILY OF VEHICLES	536,678	536,678
003	LAV PIP	57,099	57,099
	ARTILLERY AND OTHER WEAPONS
004	155MM LIGHTWEIGHT TOWED HOWITZER	1,782	1,782
005	ARTILLERY WEAPONS SYSTEM	143,808	143,808
006	WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION	11,118	11,118
	GUIDED MISSILES
007	TOMAHAWK	42,958	42,958
008	NAVAL STRIKE MISSILE (NSM)	174,369	174,369
009	GROUND BASED AIR DEFENSE	173,801	230,601
	MADIS Inc 1 fielding—USMC UPL		[56,800]
010	ANTI-ARMOR MISSILE-JAVELIN	18,495	18,495
011	FAMILY ANTI-ARMOR WEAPON SYSTEMS (FOAAWS)	21,419	21,419
012	ANTI-ARMOR MISSILE-TOW	663	663
013	GUIDED MLRS ROCKET (GMLRS)	7,605	7,605
	COMMAND AND CONTROL SYSTEMS
014	COMMON AVIATION COMMAND AND CONTROL SYSTEM (C	30,292	30,292
	REPAIR AND TEST EQUIPMENT
015	REPAIR AND TEST EQUIPMENT	58,024	58,024
	OTHER SUPPORT (TEL)
016	MODIFICATION KITS	293	293
	COMMAND AND CONTROL SYSTEM (NON-TEL)
017	ITEMS UNDER $5 MILLION (COMM & ELEC)	83,345	83,345
018	AIR OPERATIONS C2 SYSTEMS	11,048	11,048
	RADAR + EQUIPMENT (NON-TEL)
019	GROUND/AIR TASK ORIENTED RADAR (G/ATOR)	61,943	441,943
	Additional G/ATOR radars—USMC UPL		[380,000]
	INTELL/COMM EQUIPMENT (NON-TEL)
020	GCSS-MC	1,663	1,663
021	FIRE SUPPORT SYSTEM	48,322	48,322
022	INTELLIGENCE SUPPORT EQUIPMENT	182,894	177,894
	Program decrease		[–5,000]
024	UNMANNED AIR SYSTEMS (INTEL)	47,595	47,595
025	DCGS-MC	47,998	47,998
026	UAS PAYLOADS	8,619	8,619
	OTHER SUPPORT (NON-TEL)
029	MARINE CORPS ENTERPRISE NETWORK (MCEN)	276,763	276,763
030	COMMON COMPUTER RESOURCES	40,096	40,096
031	COMMAND POST SYSTEMS	58,314	58,314
032	RADIO SYSTEMS	612,450	600,450
	Program decrease		[–12,000]
033	COMM SWITCHING & CONTROL SYSTEMS	51,976	51,976
034	COMM & ELEC INFRASTRUCTURE SUPPORT	26,029	26,029
035	CYBERSPACE ACTIVITIES	17,759	17,759
036	CYBER MISSION FORCES	4,036	4,036
	CLASSIFIED PROGRAMS
038A	CLASSIFIED PROGRAMS	3,884	3,884
	ADMINISTRATIVE VEHICLES
039	COMMERCIAL CARGO VEHICLES	35,179	35,179
	TACTICAL VEHICLES
040	MOTOR TRANSPORT MODIFICATIONS	17,807	17,807
041	JOINT LIGHT TACTICAL VEHICLE	222,257	339,657
	Accelerate HMMWV replacement—USMC UPL		[117,400]
043	TRAILERS	2,721	2,721
	ENGINEER AND OTHER EQUIPMENT
045	TACTICAL FUEL SYSTEMS	7,854	7,854
046	POWER EQUIPMENT ASSORTED	5,841	5,841
047	AMPHIBIOUS SUPPORT EQUIPMENT	38,120	38,120
048	EOD SYSTEMS	201,047	191,047
	Unjustified growth—MEGFoS		[–10,000]
	MATERIALS HANDLING EQUIPMENT
049	PHYSICAL SECURITY EQUIPMENT	69,967	69,967
	GENERAL PROPERTY
050	FIELD MEDICAL EQUIPMENT	21,780	21,780
051	TRAINING DEVICES	86,272	111,272
	Program increase (Force on Force Training System)		[25,000]
052	FAMILY OF CONSTRUCTION EQUIPMENT	27,605	27,605
053	ULTRA-LIGHT TACTICAL VEHICLE (ULTV)	15,033	15,033
	OTHER SUPPORT
054	ITEMS LESS THAN $5 MILLION	26,433	26,433
	SPARES AND REPAIR PARTS
055	SPARES AND REPAIR PARTS	34,799	34,799
	TOTAL PROCUREMENT, MARINE CORPS	3,681,506	4,233,706

	AIRCRAFT PROCUREMENT, AIR FORCE
	STRATEGIC OFFENSIVE
001	B–21 RAIDER	1,498,431	1,498,431
002	B–21 RAIDER AP	288,165	288,165
	TACTICAL FORCES
003	F–35	3,320,757	3,516,957
	Technical realignment		[115,000]
	TR–3 Organic Depot Standup		[81,200]
004	F–35 AP	594,886	479,886
	Technical realignment		[–115,000]
005	F–15EX	2,422,348	2,422,348
006	F–15EX AP	264,000	264,000
	TACTICAL AIRLIFT
007	KC–46A MDAP	2,684,503	2,684,503
	OTHER AIRLIFT
008	C–130J	75,293	75,293
009	MC–130J	40,351	40,351
	UPT TRAINERS
011	ADVANCED TRAINER REPLACEMENT T-X	10,507	10,507
	HELICOPTERS
012	MH–139A	156,192	152,492
	Unjustified growth—government costs		[–3,700]
013	COMBAT RESCUE HELICOPTER	707,018	707,018
	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
	Add 4 EC–37B aircraft		[553,700]
018	E–11 BACN/HAG	67,260	66,847
	Technical realignment		[–413]
019	MQ–9	17,039	7,012
	Early to need—production shutdown		[–10,027]
021	AGILITY PRIME PROCUREMENT	3,612	3,612
	STRATEGIC AIRCRAFT
022	B–2A	106,752	106,752
023	B–1B	36,313	38,813
	Additional Pylon Purchases		[5,000]
	Program decrease		[–2,500]
024	B–52	127,854	120,908
	Technical realignment		[–6,946]
025	LARGE AIRCRAFT INFRARED COUNTERMEASURES	25,286	25,286
	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	700,455
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	5,673
	Program decrease		[–10,000]
	Technical realignment		[–30,354]
036	C–17A	152,009	157,509
	Technical realignment		[5,500]
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	3,443
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	131,768
	Technical realignment		[17,500]
050	C–130J MODS	112,299	112,299
051	C–135	149,023	163,523
	Program decrease		[–5,000]
	Technical realignment		[19,500]
052	COMPASS CALL	16,630	346,630
	Add 4 EC–37B A & B kits, spares, and installation		[330,000]
053	RC–135	212,828	252,828
	M-code compliance		[39,400]
	Service Tactical SIGINT Upgrades—INDOPACOM UPL		[600]
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 HELICOPTER MODIFICATION	3,083	3,083
062	RQ–4 MODS	1,286	1,286
063	HC/MC–130 MODIFICATIONS	138,956	118,956
	Technical realignment		[–20,000]
064	OTHER AIRCRAFT	29,029	70,296
	Maritime Patrol Aircraft		[28,500]
	Technical realignment		[12,767]
065	MQ–9 MODS	64,370	215,095
	Multi-Domain Operations modernization		[156,725]
	Unjustified cost—MQ–9 Upgrade		[–6,000]
066	MQ–9 UAS PAYLOADS		40,000
	Program increase—electronic support measure payload		[40,000]
067	SENIOR LEADER C3, SYSTEM—AIRCRAFT	24,784	24,784
068	CV–22 MODS	153,026	168,826
	CV–22 Reliability Acceleration		[15,800]
	AIRCRAFT SPARES AND REPAIR PARTS
069	INITIAL SPARES/REPAIR PARTS	623,661	725,407
	Program increase—Compass Call spare engines (4) - USAF UPL		[94,800]
	Technical realignment		[6,946]
	COMMON SUPPORT EQUIPMENT
070	AIRCRAFT REPLACEMENT SUPPORT EQUIP	138,935	138,935
	OTHER AIRCRAFT
	POST PRODUCTION SUPPORT
063A	HC/MC–130 POST PRODUCTION SUPPORT		20,000
	Technical realignment		[20,000]
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 CHARGES	40,845	40,845
	AIRLIFT AIRCRAFT
	INDUSTRIAL PREPAREDNESS
035A	C–5 POST PRODUCTION SUPPORT		18,000
	Technical realignment		[18,000]
079	INDUSTRIAL RESPONSIVENESS	19,128	19,128
	WAR CONSUMABLES
080	WAR CONSUMABLES	31,165	31,165
	OTHER PRODUCTION CHARGES
081	OTHER PRODUCTION CHARGES	1,047,300	1,440,300
	Program decrease—early to need		[–75,000]
	Program increase		[468,000]
	CLASSIFIED PROGRAMS
083A	CLASSIFIED PROGRAMS	18,092	18,092
	TOTAL AIRCRAFT PROCUREMENT, AIR FORCE	18,517,428	20,302,964

	MISSILE PROCUREMENT, AIR FORCE
	MISSILE REPLACEMENT EQUIPMENT—BALLISTIC
001	MISSILE REPLACEMENT EQ-BALLISTIC	57,476	57,476
	STRATEGIC
004	LONG RANGE STAND-OFF WEAPON	31,454	31,454
	TACTICAL
005	REPLAC EQUIP & WAR CONSUMABLES	30,510	30,510
006	AGM–183A AIR-LAUNCHED RAPID RESPONSE WEAPON	46,566	0
	Technical realignment		[–46,566]
007	JOINT AIR-SURFACE STANDOFF MISSILE	784,971	784,971
008	LRASM0	114,025	114,025
009	SIDEWINDER (AIM–9X)	111,855	111,855
010	AMRAAM	320,056	320,056
011	PREDATOR HELLFIRE MISSILE	1,040	1,040
012	SMALL DIAMETER BOMB	46,475	46,475
013	SMALL DIAMETER BOMB II	279,006	379,006
	Program increase—Air Force UPL		[100,000]
014	STAND-IN ATTACK WEAPON (SIAW)	77,975	77,975
	INDUSTRIAL FACILITIES
015	INDUSTR'L PREPAREDNS/POL PREVENTION	868	868
	CLASS IV
018	ICBM FUZE MOD	99,691	99,691
019	ICBM FUZE MOD AP	37,673	37,673
020	MM III MODIFICATIONS	68,193	68,193
022	AIR LAUNCH CRUISE MISSILE (ALCM)	33,778	33,778
	MISSILE SPARES AND REPAIR PARTS
023	MSL SPRS/REPAIR PARTS (INITIAL)	15,354	15,354
024	MSL SPRS/REPAIR PARTS (REPLEN)	62,978	62,978
	SPECIAL PROGRAMS
028	SPECIAL UPDATE PROGRAMS	36,933	36,933
	CLASSIFIED PROGRAMS
028A	CLASSIFIED PROGRAMS	705,540	705,540
	TOTAL MISSILE PROCUREMENT, AIR FORCE	2,962,417	3,015,851

	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 PENETRATOR (MOP)	19,743	19,743
006	JOINT DIRECT ATTACK MUNITION	251,956	251,956
	OTHER ITEMS
008	CAD/PAD	50,473	50,473
009	EXPLOSIVE ORDNANCE DISPOSAL (EOD)	6,343	9,843
	Dismounted Reconnaissance—Sets, Kits and Outfits (DR-SKO)		[3,500]
010	SPARES AND REPAIR PARTS	573	573
012	FIRST DESTINATION TRANSPORTATION	1,903	1,903
013	ITEMS LESS THAN $5,000,000	5,014	1,014
	Program decrease—Flares		[–4,000]
	FLARES
014	EXPENDABLE COUNTERMEASURES	120,548	105,548
	Program decrease		[–15,000]
	FUZES
015	FUZES	121,528	121,528
	SMALL ARMS
016	SMALL ARMS	16,395	16,395
	TOTAL PROCUREMENT OF AMMUNITION, AIR FORCE	903,630	888,130

	PROCUREMENT, SPACE FORCE
	SPACE PROCUREMENT, SF
002	AF SATELLITE COMM SYSTEM	51,414	51,414
003	COUNTERSPACE SYSTEMS	62,691	62,691
004	FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS	26,394	26,394
005	WIDEBAND GAPFILLER SATELLITES (SPACE)	21,982	21,982
006	GENERAL INFORMATION TECH—SPACE	5,424	5,424
007	GPSIII FOLLOW ON	657,562	657,562
008	GPS III SPACE SEGMENT	103,340	103,340
009	GLOBAL POSTIONING (SPACE)	950	950
010	HERITAGE TRANSITION	21,896	21,896
011	SPACEBORNE EQUIP (COMSEC)	29,587	29,587
012	MILSATCOM	29,333	29,333
013	SBIR HIGH (SPACE)	148,666	148,666
014	SPECIAL SPACE ACTIVITIES	817,484	805,484
	Underexecution		[–12,000]
015	MOBILE USER OBJECTIVE SYSTEM	46,833	46,833
016	NATIONAL SECURITY SPACE LAUNCH	1,056,133	1,056,133
017	NUDET DETECTION SYSTEM	7,062	7,062
018	PTES HUB	42,464	42,464
019	ROCKET SYSTEMS LAUNCH PROGRAM	39,145	39,145
020	SPACE DEVELOPMENT AGENCY LAUNCH	314,288	514,288
	Technical realignment		[200,000]
022	SPACE MODS	73,957	73,957
023	SPACELIFT RANGE SYSTEM SPACE	71,712	71,712
	SPARES
024	SPARES AND REPAIR PARTS	1,352	1,352
	TOTAL PROCUREMENT, SPACE FORCE	3,629,669	3,817,669

	OTHER PROCUREMENT, AIR FORCE
	PASSENGER CARRYING VEHICLES
001	PASSENGER CARRYING VEHICLES	2,446	2,446
	CARGO AND UTILITY VEHICLES
002	MEDIUM TACTICAL VEHICLE	1,125	1,125
003	CAP VEHICLES	999	1,900
	Program increase		[901]
004	CARGO AND UTILITY VEHICLES	35,220	35,220
	SPECIAL PURPOSE VEHICLES
005	JOINT LIGHT TACTICAL VEHICLE	60,461	60,461
006	SECURITY AND TACTICAL VEHICLES	382	382
007	SPECIAL PURPOSE VEHICLES	49,623	49,623
	FIRE FIGHTING EQUIPMENT
008	FIRE FIGHTING/CRASH RESCUE VEHICLES	11,231	11,231
	MATERIALS HANDLING EQUIPMENT
009	MATERIALS HANDLING VEHICLES	12,559	12,559
	BASE MAINTENANCE SUPPORT
010	RUNWAY SNOW REMOV AND CLEANING EQU	6,409	6,409
011	BASE MAINTENANCE SUPPORT VEHICLES	72,012	72,012
	COMM SECURITY EQUIPMENT(COMSEC)
013	COMSEC EQUIPMENT	96,851	96,851
014	STRATEGIC MICROELECTRONIC SUPPLY SYSTEM	467,901	467,901
	INTELLIGENCE PROGRAMS
015	INTERNATIONAL INTEL TECH & ARCHITECTURES	7,043	7,043
016	INTELLIGENCE TRAINING EQUIPMENT	2,424	2,424
017	INTELLIGENCE COMM EQUIPMENT	25,308	25,308
	ELECTRONICS PROGRAMS
018	AIR TRAFFIC CONTROL & LANDING SYS	65,531	65,531
019	BATTLE CONTROL SYSTEM—FIXED	1,597	1,597
020	THEATER AIR CONTROL SYS IMPROVEMEN	9,611	9,611
021	3D EXPEDITIONARY LONG-RANGE RADAR	174,640	167,140
	Program decrease		[–7,500]
022	WEATHER OBSERVATION FORECAST	20,658	20,658
023	STRATEGIC COMMAND AND CONTROL	93,351	86,220
	Technical realignment		[–7,131]
024	CHEYENNE MOUNTAIN COMPLEX	6,118	55,418
	Complex Infrastructure Refurbishments		[49,300]
025	MISSION PLANNING SYSTEMS	13,947	13,947
	SPCL COMM-ELECTRONICS PROJECTS
028	GENERAL INFORMATION TECHNOLOGY	101,517	131,517
	NORTHCOM UPL—AI/ML Enhancements		[30,000]
029	AF GLOBAL COMMAND & CONTROL SYS	2,487	2,487
030	BATTLEFIELD AIRBORNE CONTROL NODE (BACN)	32,807	32,807
031	MOBILITY COMMAND AND CONTROL	10,210	10,210
035	COMBAT TRAINING RANGES	134,213	134,213
036	MINIMUM ESSENTIAL EMERGENCY COMM N	66,294	66,294
037	WIDE AREA SURVEILLANCE (WAS)	29,518	29,518
038	C3 COUNTERMEASURES	55,324	55,324
040	GCSS-AF FOS	786	786
042	MAINTENANCE REPAIR & OVERHAUL INITIATIVE	248	248
043	THEATER BATTLE MGT C2 SYSTEM	275	275
044	AIR & SPACE OPERATIONS CENTER (AOC)	2,611	2,611
	AIR FORCE COMMUNICATIONS
046	BASE INFORMATION TRANSPT INFRAST (BITI) WIRED	29,791	29,791
047	AFNET	83,320	83,320
048	JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE)	5,199	5,199
049	USCENTCOM	11,896	11,896
050	USSTRATCOM	4,619	4,619
	ORGANIZATION AND BASE
051	TACTICAL C-E EQUIPMENT	120,050	110,050
	Program decrease		[–10,000]
052	RADIO EQUIPMENT	14,053	14,053
054	BASE COMM INFRASTRUCTURE	91,313	96,413
	Alaskan Long-Range Radars—Sites Digitalization		[5,100]
	MODIFICATIONS
055	COMM ELECT MODS	167,419	167,419
	CLASSIFIED PROGRAMS
055A	CLASSIFIED PROGRAMS	89,484	89,484
	PERSONAL SAFETY & RESCUE EQUIP
056	PERSONAL SAFETY AND RESCUE EQUIPMENT	92,995	101,895
	Rapid Response Shelters		[8,900]
	DEPOT PLANT+MTRLS HANDLING EQ
057	POWER CONDITIONING EQUIPMENT	12,199	12,199
058	MECHANIZED MATERIAL HANDLING EQUIP	9,326	9,326
	BASE SUPPORT EQUIPMENT
059	BASE PROCURED EQUIPMENT	52,890	52,890
060	ENGINEERING AND EOD EQUIPMENT	231,552	231,552
061	MOBILITY EQUIPMENT	28,758	28,758
062	FUELS SUPPORT EQUIPMENT (FSE)	21,740	21,740
	SPECIAL SUPPORT PROJECTS
065	DARP RC135	28,153	28,153
066	DCGS-AF	217,713	217,713
070	SPECIAL UPDATE PROGRAM	978,499	978,499
	CLASSIFIED PROGRAMS
070A	CLASSIFIED PROGRAMS	21,702,225	21,452,225
	Excess carryover		[–250,000]
	SPARES AND REPAIR PARTS
071	SPARES AND REPAIR PARTS (CYBER)	1,007	1,007
072	SPARES AND REPAIR PARTS	23,175	23,175
	TOTAL OTHER PROCUREMENT, AIR FORCE	25,691,113	25,510,683

	PROCUREMENT, DEFENSE-WIDE
	MAJOR EQUIPMENT, SDA
025	MAJOR EQUIPMENT, DPAA	513	513
050	MAJOR EQUIPMENT, OSD	64,291	64,291
	MAJOR EQUIPMENT, NSA
047	INFORMATION SYSTEMS SECURITY PROGRAM (ISSP)	6,738	6,738
	MAJOR EQUIPMENT, WHS
054	MAJOR EQUIPMENT, WHS	310	310
	MAJOR EQUIPMENT, DISA
011	INFORMATION SYSTEMS SECURITY	24,044	24,044
012	TELEPORT PROGRAM	50,475	50,475
013	JOINT FORCES HEADQUARTERS—DODIN	674	674
014	ITEMS LESS THAN $5 MILLION	46,614	46,614
015	DEFENSE INFORMATION SYSTEM NETWORK	87,345	87,345
016	WHITE HOUSE COMMUNICATION AGENCY	130,145	130,145
017	SENIOR LEADERSHIP ENTERPRISE	47,864	47,864
018	JOINT REGIONAL SECURITY STACKS (JRSS)	17,135	10,135
	Program decrease		[–7,000]
019	JOINT SERVICE PROVIDER	86,183	86,183
020	FOURTH ESTATE NETWORK OPTIMIZATION (4ENO)	42,756	42,756
	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	347,894
	25 additional THAAD interceptors		[272,900]
031	GROUND BASED MIDCOURSE	11,300	11,300
032	AEGIS BMD	402,235	425,735
	Procure Replacement IMU		[23,500]
034	BMDS AN/TPY–2 RADARS	4,606	59,606
	AN/TPY–2 TRIMM Refresh		[30,000]
	BMDS Sensors		[10,000]
	HEMP Hardening		[15,000]
035	SM–3 IIAS	337,975	337,975
036	ARROW 3 UPPER TIER SYSTEMS	80,000	80,000
037	SHORT RANGE BALLISTIC MISSILE DEFENSE (SRBMD)	40,000	40,000
038	DEFENSE OF GUAM PROCUREMENT	26,514	26,514
039	AEGIS ASHORE PHASE III	30,056	30,056
040	IRON DOME	80,000	80,000
041	AEGIS BMD HARDWARE AND SOFTWARE	78,181	100,181
	SPY–1 Low Noise Amplyfier		[22,000]
	MAJOR EQUIPMENT, DHRA
003	PERSONNEL ADMINISTRATION	4,522	4,522
	MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION AGENCY
027	VEHICLES	139	139
028	OTHER MAJOR EQUIPMENT	14,296	14,296
	MAJOR EQUIPMENT, DODEA
024	AUTOMATION/EDUCATIONAL SUPPORT & LOGISTICS	2,048	2,048
	MAJOR EQUIPMENT, DMACT
023	MAJOR EQUIPMENT	11,117	11,117
	CLASSIFIED PROGRAMS
054A	CLASSIFIED PROGRAMS	681,894	692,394
	JWICS modernization		[10,500]
	AVIATION PROGRAMS
055	ARMED OVERWATCH/TARGETING	246,000	246,000
056	MANNED ISR	5,000	5,000
057	MC–12	3,344	3,344
059	ROTARY WING UPGRADES AND SUSTAINMENT	214,575	214,575
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–16 TacNet Tactical Receiver		[7,586]
065	MQ–9 UNMANNED AERIAL VEHICLE	9,000	9,000
066	PRECISION STRIKE PACKAGE	57,450	57,450
067	AC/MC–130J	225,569	225,569
068	C–130 MODIFICATIONS	11,945	16,893
	CV–22 & MC–130J Link–16 TacNet Tactical Receiver		[4,948]
	SHIPBUILDING
069	UNDERWATER SYSTEMS	45,631	45,631
	AMMUNITION PROGRAMS
070	ORDNANCE ITEMS <$5M	151,233	159,889
	M3E1 Multi Purpose Anti Armor Anti Personnel Weapon System (MAWWS) Family of Munitions		[4,951]
	Maritime Scalable Effects (MSE) Electronic Warfare System Acceleration		[3,705]
	OTHER PROCUREMENT PROGRAMS
071	INTELLIGENCE SYSTEMS	175,616	219,094
	SOCOM Enclosed Spaces Reconnaissance Collection Suite (ESRCS)		[15,000]
	Stalker VXE Block 30 Vertical Takeoff & Landing (VTOL) Acceleration		[28,478]
072	DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS	2,214	2,214
073	OTHER ITEMS <$5M	98,096	98,096
074	COMBATANT CRAFT SYSTEMS	85,566	85,566
075	SPECIAL PROGRAMS	20,042	249,042
	Medium Fixed Wing Recapitalization		[229,000]
076	TACTICAL VEHICLES	51,605	59,605
	PB-NSCV		[8,000]
077	WARRIOR SYSTEMS <$5M	306,846	359,129
	AFSOC Force Generation (AFSOFORGEN) Tactical Communications (TACCOM)		[18,730]
	Counter Unmanned Systems (CUxS) Procurement Acceleration		[33,553]
078	COMBAT MISSION REQUIREMENTS	4,991	4,991
080	OPERATIONAL ENHANCEMENTS INTELLIGENCE	18,723	24,137
	Low Visibility Vanishing Technology (LVVT)		[5,414]
081	OPERATIONAL ENHANCEMENTS	347,473	374,227
	Ground Vehicle Forward Looking Infrared (FLIR)		[11,000]
	High Speed Assault Craft (HSAC) Roof Application Kit (RAK) Acceleration		[5,000]
	Intelligence, Surveillance, and Reconnaissance (ISR) Transceivers Acceleration		[10,754]
	CBDP
082	CHEMICAL BIOLOGICAL SITUATIONAL AWARENESS	199,439	199,439
083	CB PROTECTION & HAZARD MITIGATION	187,164	192,164
	Waterless & Sprayable Solutions for Decontamination of Chemical and Biological Warfare Agents		[5,000]
	TOTAL PROCUREMENT, DEFENSE-WIDE	5,245,500	6,013,519

	NATIONAL GUARD AND RESERVE EQUIPMENT
	UNDISTRIBUTED
007	UNDISTRIBUTED		50,000
	Program increase		[50,000]
	TOTAL NATIONAL GUARD AND RESERVE EQUIPMENT		50,000

	TOTAL PROCUREMENT	144,219,205	160,202,135

SEC. 4201. Research, development, test, and evaluation.

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION(In Thousands of Dollars)
Line	ProgramElement	Item	FY 2023 Request	House Authorized
		RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY
		BASIC RESEARCH
001	0601102A	DEFENSE RESEARCH SCIENCES	279,328	340,194
		Counter-UAS Technology Research		[5,000]
		Program increase		[55,866]
002	0601103A	UNIVERSITY RESEARCH INITIATIVES	70,775	90,775
		Defense University Research Instrumentation Program		[20,000]
003	0601104A	UNIVERSITY AND INDUSTRY RESEARCH CENTERS	100,909	109,909
		Automotive Research Center		[5,000]
		Biotechnology		[4,000]
004	0601121A	CYBER COLLABORATIVE RESEARCH ALLIANCE	5,355	5,355
005	0601601A	ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING BASIC RESEARCH	10,456	15,456
		Program increase		[5,000]
		SUBTOTAL BASIC RESEARCH	466,823	561,689

		APPLIED RESEARCH
006	0602002A	ARMY AGILE INNOVATION AND DEVELOPMENT-APPLIED RESEARCH	9,534	9,534
008	0602134A	COUNTER IMPROVISED-THREAT ADVANCED STUDIES	6,192	6,192
009	0602141A	LETHALITY TECHNOLOGY	87,717	182,717
		Armament digital and mission engineering		[35,000]
		Collaborative networked armament lethality and fire control		[25,000]
		Investigate novel armament systems and technologies		[5,000]
		Modular open systems architecture		[5,000]
		Solid-state additive manufacturing research		[20,000]
		Turret gunner survivability and simulation		[5,000]
010	0602142A	ARMY APPLIED RESEARCH	27,833	57,533
		Digital night vision technology		[9,700]
		Warfighter Weapon Systems Digital Integration		[20,000]
011	0602143A	SOLDIER LETHALITY TECHNOLOGY	103,839	123,839
		Advanced textiles and shelters		[6,000]
		Footwear research		[4,000]
		Pathfinder		[10,000]
		Program decrease		[–5,000]
		Program increase		[5,000]
012	0602144A	GROUND TECHNOLOGY	52,848	96,048
		Advanced Gunner Restraint System		[2,200]
		Aerospace Manufacturing Center Pilot Program		[12,000]
		Cold and complex environments sensing research		[9,000]
		High performance polymer composites and coatings		[10,000]
		Polar proving ground and training program		[5,000]
		Unmanned mobility		[5,000]
013	0602145A	NEXT GENERATION COMBAT VEHICLE TECHNOLOGY	174,090	184,890
		Compact hyperspectral imager development		[4,800]
		Structural thermoplastics		[6,000]
014	0602146A	NETWORK C3I TECHNOLOGY	64,115	136,115
		AI for position, navigation, and timing		[6,000]
		Alternative position, navigation, and timing		[20,000]
		Portable Doppler radar		[7,500]
		Rapid design and fabrication of high enthalpy alloys for long range precision fires missiles		[3,500]
		Secure anti-tamper		[15,000]
		Weapons system security		[20,000]
015	0602147A	LONG RANGE PRECISION FIRES TECHNOLOGY	43,029	99,779
		Carbon-carbon high-temperature composites		[15,000]
		Low cost missile technology development		[7,000]
		Low cost missile technology development+J23		[3,000]
		Novel printed armament components		[10,000]
		Precision long range integrated strike missile		[6,750]
		Program increase		[15,000]
016	0602148A	FUTURE VERTICLE LIFT TECHNOLOGY	69,348	84,348
		High density eVTOL power source		[15,000]
017	0602150A	AIR AND MISSILE DEFENSE TECHNOLOGY	27,016	72,016
		CEMA missile defender		[20,000]
		Counter-UAS Center of Excellence		[10,000]
		High energy laser engagement technologies		[15,000]
018	0602180A	ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING TECHNOLOGIES	16,454	21,454
		Program increase		[5,000]
019	0602181A	ALL DOMAIN CONVERGENCE APPLIED RESEARCH	27,399	27,399
020	0602182A	C3I APPLIED RESEARCH	27,892	27,892
021	0602183A	AIR PLATFORM APPLIED RESEARCH	41,588	56,588
		Aerospace Propulsion and Power Technology		[10,000]
		Hybrid solar photovoltaic-thermoelectric panel		[5,000]
022	0602184A	SOLDIER APPLIED RESEARCH	15,716	15,716
023	0602213A	C3I APPLIED CYBER	13,605	13,605
024	0602386A	BIOTECHNOLOGY FOR MATERIALS—APPLIED RESEARCH	21,919	171,919
		Tri-Service Biotechnology for a Resilient Supply Chain / Biotechnology for Materials		[150,000]
025	0602785A	MANPOWER/PERSONNEL/TRAINING TECHNOLOGY	19,649	19,649
026	0602787A	MEDICAL TECHNOLOGY	33,976	33,976
		SUBTOTAL APPLIED RESEARCH	883,759	1,441,209

		ADVANCED TECHNOLOGY DEVELOPMENT
027	0603002A	MEDICAL ADVANCED TECHNOLOGY	5,207	11,907
		CPF—U.S. Army Battlefield Exercise and Combat Related Traumatic Brain and Spinal Injury Research		[1,700]
		Hearing protection for communications		[5,000]
028	0603007A	MANPOWER, PERSONNEL AND TRAINING ADVANCED TECHNOLOGY	15,598	15,598
029	0603025A	ARMY AGILE INNOVATION AND DEMONSTRATION	20,900	20,900
030	0603040A	ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING ADVANCED TECHNOLOGIES	6,395	11,395
		Program increase		[5,000]
031	0603041A	ALL DOMAIN CONVERGENCE ADVANCED TECHNOLOGY	45,463	45,463
032	0603042A	C3I ADVANCED TECHNOLOGY	12,716	12,716
033	0603043A	AIR PLATFORM ADVANCED TECHNOLOGY	17,946	27,946
		Integrated Floor System Upgrades for H–60 Variants		[10,000]
034	0603044A	SOLDIER ADVANCED TECHNOLOGY	479	10,499
		CPF—Advancing Military Exoskeleton Technology State-of-The-Art Project		[2,890]
		CPF—Building 2, Doriot Climatic Chambers, Exterior Repair		[3,630]
		CPF—Small Unit Digital Twin for Robotic and Sensor Systems Integration		[3,500]
036	0603116A	LETHALITY ADVANCED TECHNOLOGY	9,796	9,796
037	0603117A	ARMY ADVANCED TECHNOLOGY DEVELOPMENT	134,874	134,874
038	0603118A	SOLDIER LETHALITY ADVANCED TECHNOLOGY	100,935	120,935
		FRAG-CT		[4,000]
		Sensored head-borne suspension systems		[8,000]
		Soldier Integration Experimentation/Airborne Rally Point		[8,000]
039	0603119A	GROUND ADVANCED TECHNOLOGY	32,546	106,846
		Additive manufacturing with indigenous materials		[15,000]
		Cold Regions Research and Engineering Laboratory		[10,000]
		Concrete properties prediction		[1,800]
		Platform agnostic remote armament systems		[40,000]
		Printed infrastructure and cold weather construction capabilities		[7,500]
040	0603134A	COUNTER IMPROVISED-THREAT SIMULATION	21,486	21,486
041	0603386A	BIOTECHNOLOGY FOR MATERIALS—ADVANCED RESEARCH	56,853	56,853
042	0603457A	C3I CYBER ADVANCED DEVELOPMENT	41,354	41,354
043	0603461A	HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM	251,964	301,964
		Program increase		[50,000]
044	0603462A	NEXT GENERATION COMBAT VEHICLE ADVANCED TECHNOLOGY	193,242	261,242
		Digital enterprise technology		[15,000]
		Electrified vehicle infrared signature management		[9,000]
		HTPEM APU		[10,000]
		Lithium 6T battery development		[8,000]
		Soldier-ground vehicle interface design		[6,000]
		Synthetic graphite research		[20,000]
045	0603463A	NETWORK C3I ADVANCED TECHNOLOGY	125,565	135,565
		PNT technologies in degraded environments		[10,000]
046	0603464A	LONG RANGE PRECISION FIRES ADVANCED TECHNOLOGY	100,830	202,740
		Autoloader development		[21,400]
		Hypersonic and strategic materials and structures		[20,000]
		Maneuvering submunitions		[18,000]
		Missile Multi Agent eXtensible Engagement Services (MAXES)		[15,000]
		PrSM Inc 4—Army UPL		[27,510]
047	0603465A	FUTURE VERTICAL LIFT ADVANCED TECHNOLOGY	177,836	187,836
		Program increase—Additive manufacturing		[10,000]
048	0603466A	AIR AND MISSILE DEFENSE ADVANCED TECHNOLOGY	11,147	81,147
		Integration of distributed gain HEL laser weapon system		[35,000]
		Program increase		[35,000]
049	0603920A	HUMANITARIAN DEMINING	8,933	8,933
		SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT	1,392,065	1,827,995

		ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES
050	0603305A	ARMY MISSLE DEFENSE SYSTEMS INTEGRATION	12,001	46,001
		Mobile Solid State High Power Microwave		[12,000]
		Position, Navigation, and Timing (PNT) Resiliency		[8,000]
		Sensing, Modeling, Analysis, Requirements, and Testing		[14,000]
051	0603308A	ARMY SPACE SYSTEMS INTEGRATION	17,945	21,445
		Mission Essential Weather Small Satellites		[3,500]
053	0603619A	LANDMINE WARFARE AND BARRIER—ADV DEV	64,001	64,001
054	0603639A	TANK AND MEDIUM CALIBER AMMUNITION	64,669	64,669
055	0603645A	ARMORED SYSTEM MODERNIZATION—ADV DEV	49,944	87,444
		AMPV—Hybrid electric vehicle		[37,500]
056	0603747A	SOLDIER SUPPORT AND SURVIVABILITY	4,060	4,060
057	0603766A	TACTICAL ELECTRONIC SURVEILLANCE SYSTEM—ADV DEV	72,314	72,314
058	0603774A	NIGHT VISION SYSTEMS ADVANCED DEVELOPMENT	18,048	168,048
		IVAS—Army UPL		[150,000]
059	0603779A	ENVIRONMENTAL QUALITY TECHNOLOGY—DEM/VAL	31,249	38,749
		Underwater Demilitarization of Munitions		[7,500]
060	0603790A	NATO RESEARCH AND DEVELOPMENT	3,805	3,805
061	0603801A	AVIATION—ADV DEV	1,162,344	1,180,484
		Program increase—Future Vertical Lift		[23,000]
		Unjustified growth—FLRAA MTA program management		[–4,860]
062	0603804A	LOGISTICS AND ENGINEER EQUIPMENT—ADV DEV	9,638	9,638
063	0603807A	MEDICAL SYSTEMS—ADV DEV	598	598
064	0603827A	SOLDIER SYSTEMS—ADVANCED DEVELOPMENT	25,971	25,971
065	0604017A	ROBOTICS DEVELOPMENT	26,594	26,594
066	0604019A	EXPANDED MISSION AREA MISSILE (EMAM)	220,820	220,820
067	0604020A	CROSS FUNCTIONAL TEAM (CFT) ADVANCED DEVELOPMENT & PROTOTYPING	106,000	111,000
		Program increase		[5,000]
069	0604035A	LOW EARTH ORBIT (LEO) SATELLITE CAPABILITY	35,509	35,509
070	0604036A	MULTI-DOMAIN SENSING SYSTEM (MDSS) ADV DEV	49,932	49,932
071	0604037A	TACTICAL INTEL TARGETING ACCESS NODE (TITAN) ADV DEV	863	863
072	0604100A	ANALYSIS OF ALTERNATIVES	10,659	10,659
073	0604101A	SMALL UNMANNED AERIAL VEHICLE (SUAV) (6.4)	1,425	21,425
		Program Protection		[20,000]
074	0604113A	FUTURE TACTICAL UNMANNED AIRCRAFT SYSTEM (FTUAS)	95,719	100,719
		Identification Friend or Foe (IFF) modernization		[5,000]
075	0604114A	LOWER TIER AIR MISSILE DEFENSE (LTAMD) SENSOR	382,147	422,147
		Program protection		[40,000]
076	0604115A	TECHNOLOGY MATURATION INITIATIVES	269,756	339,756
		Strategic long range cannon		[70,000]
077	0604117A	MANEUVER—SHORT RANGE AIR DEFENSE (M-SHORAD)	225,147	225,147
078	0604119A	ARMY ADVANCED COMPONENT DEVELOPMENT & PROTOTYPING	198,111	198,111
079	0604120A	ASSURED POSITIONING, NAVIGATION AND TIMING (PNT)	43,797	57,797
		ALTNAV—Army UPL		[14,000]
080	0604121A	SYNTHETIC TRAINING ENVIRONMENT REFINEMENT & PROTOTYPING	166,452	215,852
		AI prototype—Army UPL		[13,500]
		Call for Fire Trainer—Army UPL		[10,000]
		Program increase (STE live training systems)		[17,000]
		Program increase TSS/TMT and SVT—Army UPL		[8,900]
081	0604134A	COUNTER IMPROVISED-THREAT DEMONSTRATION, PROTOTYPE DEVELOPMENT, AND TESTING	15,840	15,840
082	0604135A	STRATEGIC MID-RANGE FIRES	404,291	404,291
083	0604182A	HYPERSONICS	173,168	223,168
		National Hypersonic Initiative—Develop Leap-Ahead Concepts and Capabilities		[50,000]
084	0604403A	FUTURE INTERCEPTOR	8,179	8,179
085	0604531A	COUNTER—SMALL UNMANNED AIRCRAFT SYSTEMS ADVANCED DEVELOPMENT	35,110	35,110
086	0604541A	UNIFIED NETWORK TRANSPORT	36,966	76,966
		Common mounted form factor—Army UPL		[40,000]
089	0305251A	CYBERSPACE OPERATIONS FORCES AND FORCE SUPPORT	55,677	55,677
		SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES	4,098,749	4,642,789

		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 testing		[5,000]
		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 (TUGV)	115,986	115,986
098	0604642A	LIGHT TACTICAL WHEELED VEHICLES		10,049
		Electric light recon vehicle—Army UPL		[10,049]
099	0604645A	ARMORED SYSTEMS MODERNIZATION (ASM)—ENG DEV	71,287	71,287
100	0604710A	NIGHT VISION SYSTEMS—ENG DEV	62,679	84,179
		IVAS—Army UPL		[16,500]
		Third Generation Forward Looking Infrared (3GFLIR) FALCONS		[5,000]
101	0604713A	COMBAT FEEDING, CLOTHING, AND EQUIPMENT	1,566	1,566
102	0604715A	NON-SYSTEM TRAINING DEVICES—ENG DEV	18,600	18,600
103	0604741A	AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE—ENG DEV	39,541	35,541
		Program decrease		[–4,000]
104	0604742A	CONSTRUCTIVE SIMULATION SYSTEMS DEVELOPMENT	29,570	29,570
105	0604746A	AUTOMATIC TEST EQUIPMENT DEVELOPMENT	5,178	5,178
106	0604760A	DISTRIBUTIVE INTERACTIVE SIMULATIONS (DIS)—ENG DEV	8,189	8,189
109	0604798A	BRIGADE ANALYSIS, INTEGRATION AND EVALUATION	21,228	21,228
110	0604802A	WEAPONS AND MUNITIONS—ENG DEV	263,778	259,178
		Program decrease		[–4,600]
111	0604804A	LOGISTICS AND ENGINEER EQUIPMENT—ENG DEV	41,669	65,369
		Chassis upgrade for ABV/JAB—Army UPL		[23,700]
112	0604805A	COMMAND, CONTROL, COMMUNICATIONS SYSTEMS—ENG DEV	40,038	40,038
113	0604807A	MEDICAL MATERIEL/MEDICAL BIOLOGICAL DEFENSE EQUIPMENT—ENG DEV	5,513	5,513
114	0604808A	LANDMINE WARFARE/BARRIER—ENG DEV	12,150	12,150
115	0604818A	ARMY TACTICAL COMMAND & CONTROL HARDWARE & SOFTWARE	111,690	111,690
116	0604820A	RADAR DEVELOPMENT	71,259	71,259
117	0604822A	GENERAL FUND ENTERPRISE BUSINESS SYSTEM (GFEBS)	10,402	10,402
119	0604827A	SOLDIER SYSTEMS—WARRIOR DEM/VAL	11,425	11,425
120	0604852A	SUITE OF SURVIVABILITY ENHANCEMENT SYSTEMS—EMD	109,702	146,802
		Active protection system testing		[16,000]
		Army Aviation & Missile Center Digital Engineering Software pilot program		[9,400]
		Autonomous Vehicle Test Bed		[11,700]
121	0604854A	ARTILLERY SYSTEMS—EMD	23,106	23,106
122	0605013A	INFORMATION TECHNOLOGY DEVELOPMENT	124,475	124,475
123	0605018A	INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPPS-A)	67,564	47,564
		Unjustified growth		[–20,000]
125	0605030A	JOINT TACTICAL NETWORK CENTER (JTNC)	17,950	17,950
126	0605031A	JOINT TACTICAL NETWORK (JTN)	30,169	30,169
128	0605035A	COMMON INFRARED COUNTERMEASURES (CIRCM)	11,523	11,523
130	0605041A	DEFENSIVE CYBER TOOL DEVELOPMENT	33,029	33,029
131	0605042A	TACTICAL NETWORK RADIO SYSTEMS (LOW-TIER)	4,497	4,497
132	0605047A	CONTRACT WRITING SYSTEM	23,487	13,487
		Unjustified growth		[–10,000]
133	0605051A	AIRCRAFT SURVIVABILITY DEVELOPMENT	19,123	19,123
134	0605052A	INDIRECT FIRE PROTECTION CAPABILITY INC 2—BLOCK 1	131,093	131,093
135	0605053A	GROUND ROBOTICS	26,809	26,809
136	0605054A	EMERGING TECHNOLOGY INITIATIVES	185,311	259,311
		Program increase (10kw–50kw DE-MSHORAD) and C-UAS P-HEL		[70,000]
		Threat Simulation Modeling (HNE-TSM)		[4,000]
137	0605143A	BIOMETRICS ENABLING CAPABILITY (BEC)	11,091	11,091
138	0605144A	NEXT GENERATION LOAD DEVICE—MEDIUM	22,439	22,439
140	0605148A	TACTICAL INTEL TARGETING ACCESS NODE (TITAN) EMD	58,087	108,987
		Army Requested Realignment from Procurement		[50,900]
141	0605203A	ARMY SYSTEM DEVELOPMENT & DEMONSTRATION	119,516	143,616
		CYBERCOM UPL—JCWA integration		[24,100]
142	0605205A	SMALL UNMANNED AERIAL VEHICLE (SUAV) (6.5)	6,530	6,530
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 (AIE)	13,647	13,647
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 DEFENSE (AIAMD)	265,288	257,288
		Program decrease		[–8,000]
152	0605531A	COUNTER—SMALL UNMANNED AIRCRAFT SYSTEMS SYS DEV & DEMONSTRATION	14,892	14,892
153	0605625A	MANNED GROUND VEHICLE	589,762	589,762
154	0605766A	NATIONAL CAPABILITIES INTEGRATION (MIP)	17,030	17,030
155	0605812A	JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING AND MANUFACTURING DEVELOPMENT PH	9,376	9,376
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	97,774
		Service Tactical SIGINT Upgrades—INDOPACOM UPL		[4,900]
		Terrestrial Layer System EAB—Army UPL		[35,936]
		SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION	4,031,334	4,276,919

		MANAGEMENT SUPPORT
161	0604256A	THREAT SIMULATOR DEVELOPMENT	18,437	18,437
162	0604258A	TARGET SYSTEMS DEVELOPMENT	19,132	39,132
		Small UAS engine development		[20,000]
163	0604759A	MAJOR T&E INVESTMENT	107,706	107,706
164	0605103A	RAND ARROYO CENTER	35,542	35,542
165	0605301A	ARMY KWAJALEIN ATOLL	309,005	309,005
166	0605326A	CONCEPTS EXPERIMENTATION PROGRAM	87,122	87,122
168	0605601A	ARMY TEST RANGES AND FACILITIES	401,643	401,643
169	0605602A	ARMY TECHNICAL TEST INSTRUMENTATION AND TARGETS	37,962	72,962
		Rapid Assurance Modernization Program–Test (RAMP-T)		[35,000]
170	0605604A	SURVIVABILITY/LETHALITY ANALYSIS	36,500	36,500
171	0605606A	AIRCRAFT CERTIFICATION	2,777	2,777
172	0605702A	METEOROLOGICAL SUPPORT TO RDT&E ACTIVITIES	6,958	6,958
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 COLLABORATION & INTEG	6,097	6,097
178	0605801A	PROGRAMWIDE ACTIVITIES	89,793	89,793
179	0605803A	TECHNICAL INFORMATION ACTIVITIES	28,752	28,752
180	0605805A	MUNITIONS STANDARDIZATION, EFFECTIVENESS AND SAFETY	48,316	53,316
		Agile Manufacturing for Advanced Armament Systems		[5,000]
181	0605857A	ENVIRONMENTAL QUALITY TECHNOLOGY MGMT SUPPORT	1,912	1,912
182	0605898A	ARMY DIRECT REPORT HEADQUARTERS—R&D - MHA	53,271	53,271
183	0606002A	RONALD REAGAN BALLISTIC MISSILE DEFENSE TEST SITE	90,088	98,088
		Technology Refresh for Reagan Test Site (RTS) Mission Control Centers		[8,000]
184	0606003A	COUNTERINTEL AND HUMAN INTEL MODERNIZATION	1,424	1,424
186	0606942A	ASSESSMENTS AND EVALUATIONS CYBER VULNERABILITIES	5,816	5,816
		SUBTOTAL MANAGEMENT SUPPORT	1,554,252	1,622,252

		OPERATIONAL SYSTEMS DEVELOPMENT
188	0603778A	MLRS PRODUCT IMPROVEMENT PROGRAM	18,463	18,463
189	0605024A	ANTI-TAMPER TECHNOLOGY SUPPORT	9,284	21,284
		Program increase		[12,000]
190	0607131A	WEAPONS AND MUNITIONS PRODUCT IMPROVEMENT PROGRAMS	11,674	16,674
		Materials improvements		[5,000]
193	0607137A	CHINOOK PRODUCT IMPROVEMENT PROGRAM	52,513	72,513
		Chinook 714C engine upgrade		[20,000]
194	0607139A	IMPROVED TURBINE ENGINE PROGRAM	228,036	228,036
195	0607142A	AVIATION ROCKET SYSTEM PRODUCT IMPROVEMENT AND DEVELOPMENT	11,312	11,312
196	0607143A	UNMANNED AIRCRAFT SYSTEM UNIVERSAL PRODUCTS	512	512
197	0607145A	APACHE FUTURE DEVELOPMENT	10,074	35,074
		Program increase		[25,000]
198	0607148A	AN/TPQ–53 COUNTERFIRE TARGET ACQUISITION RADAR SYSTEM	62,559	62,559
199	0607150A	INTEL CYBER DEVELOPMENT	13,343	13,343
200	0607312A	ARMY OPERATIONAL SYSTEMS DEVELOPMENT	26,131	26,131
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	162,312
		Patriot Obsolescence and Program Protection		[10,000]
204	0203728A	JOINT AUTOMATED DEEP OPERATION COORDINATION SYSTEM (JADOCS)	19,329	19,329
205	0203735A	COMBAT VEHICLE IMPROVEMENT PROGRAMS	192,310	294,510
		Abrams modernization		[97,200]
		Auxiliary power unit development		[5,000]
206	0203743A	155MM SELF-PROPELLED HOWITZER IMPROVEMENTS	136,680	136,680
207	0203744A	AIRCRAFT MODIFICATIONS/PRODUCT IMPROVEMENT PROGRAMS		14,400
		Gray Eagle—M-code		[14,400]
208	0203752A	AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM	148	148
209	0203758A	DIGITIZATION	2,100	2,100
210	0203801A	MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT PROGRAM	3,109	53,109
		Stinger missile—Army UPL		[50,000]
211	0203802A	OTHER MISSILE PRODUCT IMPROVEMENT PROGRAMS	9,027	9,027
212	0205412A	ENVIRONMENTAL QUALITY TECHNOLOGY—OPERATIONAL SYSTEM DEV	793	793
213	0205778A	GUIDED MULTIPLE-LAUNCH ROCKET SYSTEM (GMLRS)	20,180	20,180
214	0208053A	JOINT TACTICAL GROUND SYSTEM	8,813	8,813
217	0303140A	INFORMATION SYSTEMS SECURITY PROGRAM	17,209	17,209
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 ACTIVITIES	91,270	91,270
227A	9999999999	CLASSIFIED PROGRAMS	6,664	6,664
		SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT	1,188,403	1,427,003

		SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS
228	0608041A	DEFENSIVE CYBER—SOFTWARE PROTOTYPE DEVELOPMENT	94,888	94,888
		SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS	94,888	94,888

		TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY	13,710,273	15,894,744

		RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY
		BASIC RESEARCH
001	0601103N	UNIVERSITY RESEARCH INITIATIVES	90,076	209,700
		Advanced autonomous robotics		[10,000]
		Program increase		[109,624]
003	0601153N	DEFENSE RESEARCH SCIENCES	499,116	499,116
		SUBTOTAL BASIC RESEARCH	589,192	708,816

		APPLIED RESEARCH
004	0602114N	POWER PROJECTION APPLIED RESEARCH	22,953	38,953
		Next Generation Information Operations		[16,000]
005	0602123N	FORCE PROTECTION APPLIED RESEARCH	133,426	194,926
		Additive Manufacturing of Unmanned Maritime Systems		[10,000]
		CPF—Resilient Autonomous Systems Research and Workforce Diversity		[4,000]
		CPF—Talent and Technology for Navy Power and Energy Systems		[3,000]
		Direct air capture and carbon removal technology program		[10,000]
		Intelligent Data Management for Distributed Naval Platforms		[10,500]
		Next Generation Integrated Power and Energy Systems		[10,500]
		Relative Positioning of Autonomous Platforms		[5,000]
		Resilient Autonomous Systems Research & Workforce Diversity		[8,500]
006	0602131M	MARINE CORPS LANDING FORCE TECHNOLOGY	53,467	73,967
		Advanced lithium-ion batteries		[5,000]
		CPF—Unmanned Logistics Solutions for the U.S. Marine Corps		[3,000]
		Cyber, AI & LVC Tech Scouting & Workforce Development		[2,500]
		Unmanned logistics solutions		[10,000]
007	0602235N	COMMON PICTURE APPLIED RESEARCH	51,911	56,911
		Program increase		[5,000]
008	0602236N	WARFIGHTER SUSTAINMENT APPLIED RESEARCH	70,957	85,957
		Anti-corrosion coatings		[10,000]
		High mobility ground robots		[5,000]
009	0602271N	ELECTROMAGNETIC SYSTEMS APPLIED RESEARCH	92,444	112,444
		Chip Scale Open Architecture		[20,000]
010	0602435N	OCEAN WARFIGHTING ENVIRONMENT APPLIED RESEARCH	74,622	84,622
		Undersea distributed sensing systems		[10,000]
011	0602651M	JOINT NON-LETHAL WEAPONS APPLIED RESEARCH	6,700	6,700
012	0602747N	UNDERSEA WARFARE APPLIED RESEARCH	58,111	87,111
		CPF—Persistent Maritime Surveillance		[4,000]
		Undersea vehicle technology partnerships		[20,000]
		UUV Research		[5,000]
013	0602750N	FUTURE NAVAL CAPABILITIES APPLIED RESEARCH	173,641	205,641
		Program increase		[32,000]
014	0602782N	MINE AND EXPEDITIONARY WARFARE APPLIED RESEARCH	31,649	31,649
015	0602792N	INNOVATIVE NAVAL PROTOTYPES (INP) APPLIED RESEARCH	120,637	146,237
		Advanced Concept of Operations—Navy UPL		[25,600]
016	0602861N	SCIENCE AND TECHNOLOGY MANAGEMENT—ONR FIELD ACITIVITIES	81,296	81,296
		SUBTOTAL APPLIED RESEARCH	971,814	1,206,414

		ADVANCED TECHNOLOGY DEVELOPMENT
017	0603123N	FORCE PROTECTION ADVANCED TECHNOLOGY	16,933	16,933
018	0603271N	ELECTROMAGNETIC SYSTEMS ADVANCED TECHNOLOGY	8,253	8,253
019	0603640M	USMC ADVANCED TECHNOLOGY DEMONSTRATION (ATD)	280,285	284,885
		Program increase		[4,600]
020	0603651M	JOINT NON-LETHAL WEAPONS TECHNOLOGY DEVELOPMENT	14,048	14,048
021	0603673N	FUTURE NAVAL CAPABILITIES ADVANCED TECHNOLOGY DEVELOPMENT	251,267	251,267
022	0603680N	MANUFACTURING TECHNOLOGY PROGRAM	60,704	60,704
023	0603729N	WARFIGHTER PROTECTION ADVANCED TECHNOLOGY	4,999	19,999
		Multi-Medicine Manufacturing Platform		[15,000]
024	0603758N	NAVY WARFIGHTING EXPERIMENTS AND DEMONSTRATIONS	83,137	84,287
		Naval virtual innovation		[1,150]
025	0603782N	MINE AND EXPEDITIONARY WARFARE ADVANCED TECHNOLOGY	2,007	2,007
026	0603801N	INNOVATIVE NAVAL PROTOTYPES (INP) ADVANCED TECHNOLOGY DEVELOPMENT	144,122	230,422
		Advanced Concept of Operations—Navy UPL		[61,300]
		Scalable laser weapon system		[25,000]
		SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT	865,755	972,805

		ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES
027	0603128N	UNMANNED AERIAL SYSTEM	96,883	96,883
028	0603178N	LARGE UNMANNED SURFACE VEHICLES (LUSV)	146,840	146,840
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	66,828
		Advanced Concept of Operations—Navy UPL		[40,700]
		Data dissemination and interoperability		[7,500]
036	0603502N	SURFACE AND SHALLOW WATER MINE COUNTERMEASURES	87,825	87,825
037	0603506N	SURFACE SHIP TORPEDO DEFENSE	473	6,623
		Nixie development		[6,150]
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 DEVELOPMENT	105,703	110,703
		Program increase		[5,000]
045	0603562N	SUBMARINE TACTICAL WARFARE SYSTEMS	10,917	10,917
046	0603563N	SHIP CONCEPT ADVANCED DESIGN	82,205	101,205
		Additive Manufacturing in Ship Advanced Concept Design		[5,000]
		Advance LAW development		[4,000]
		Polymorphic Build Farms		[10,000]
047	0603564N	SHIP PRELIMINARY DESIGN & FEASIBILITY STUDIES	75,327	75,327
048	0603570N	ADVANCED NUCLEAR POWER SYSTEMS	227,400	227,400
049	0603573N	ADVANCED SURFACE MACHINERY SYSTEMS	176,600	185,600
		Lithium Iron Phosphate Batteries Integration		[9,000]
050	0603576N	CHALK EAGLE	91,584	91,584
051	0603581N	LITTORAL COMBAT SHIP (LCS)	96,444	106,344
		LCS Fire Control RADAR Demonstration		[9,900]
052	0603582N	COMBAT SYSTEM INTEGRATION	18,236	18,236
053	0603595N	OHIO REPLACEMENT	335,981	360,981
		Composites for Wet Submarine Application		[15,000]
		Program increase		[10,000]
054	0603596N	LCS MISSION MODULES	41,533	50,533
		Mine Countermeasures Mission Package Capacity and Wholeness—Navy UPL		[9,000]
055	0603597N	AUTOMATED TEST AND RE-TEST (ATRT)	9,773	9,773
056	0603599N	FRIGATE DEVELOPMENT	118,626	118,626
057	0603609N	CONVENTIONAL MUNITIONS	9,286	9,286
058	0603635M	MARINE CORPS GROUND COMBAT/SUPPORT SYSTEM	111,431	111,431
059	0603654N	JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT	36,496	36,496
060	0603713N	OCEAN ENGINEERING TECHNOLOGY DEVELOPMENT	6,193	6,193
061	0603721N	ENVIRONMENTAL PROTECTION	21,647	21,647
062	0603724N	NAVY ENERGY PROGRAM	60,320	70,320
		Marine energy systems		[10,000]
063	0603725N	FACILITIES IMPROVEMENT	5,664	5,664
064	0603734N	CHALK CORAL	833,634	833,634
065	0603739N	NAVY LOGISTIC PRODUCTIVITY	899	899
066	0603746N	RETRACT MAPLE	363,973	363,973
067	0603748N	LINK PLUMERIA	1,038,661	1,038,661
068	0603751N	RETRACT ELM	83,445	83,445
069	0603764M	LINK EVERGREEN	313,761	313,761
070	0603790N	NATO RESEARCH AND DEVELOPMENT	8,041	8,041
071	0603795N	LAND ATTACK TECHNOLOGY	358	358
072	0603851M	JOINT NON-LETHAL WEAPONS TESTING	30,533	30,533
073	0603860N	JOINT PRECISION APPROACH AND LANDING SYSTEMS—DEM/VAL	18,628	18,628
074	0603925N	DIRECTED ENERGY AND ELECTRIC WEAPON SYSTEMS	65,080	65,080
075	0604014N	F/A –18 INFRARED SEARCH AND TRACK (IRST)	40,069	40,069
076	0604027N	DIGITAL WARFARE OFFICE	165,753	165,753
077	0604028N	SMALL AND MEDIUM UNMANNED UNDERSEA VEHICLES	106,347	106,347
078	0604029N	UNMANNED UNDERSEA VEHICLE CORE TECHNOLOGIES	60,697	60,697
079	0604030N	RAPID PROTOTYPING, EXPERIMENTATION AND DEMONSTRATION.	57,000	57,000
081	0604112N	GERALD R. FORD CLASS NUCLEAR AIRCRAFT CARRIER (CVN 78—80)	116,498	116,498
082	0604126N	LITTORAL AIRBORNE MCM	47,389	47,389
083	0604127N	SURFACE MINE COUNTERMEASURES	12,959	12,959
084	0604272N	TACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES (TADIRCM)	15,028	45,028
		Program increase—distributed aperture infrared countermeasure system		[30,000]
085	0604289M	NEXT GENERATION LOGISTICS	2,342	10,742
		Digital manufacturing data vault		[8,400]
086	0604292N	FUTURE VERTICAL LIFT (MARITIME STRIKE)	5,103	5,103
087	0604320M	RAPID TECHNOLOGY CAPABILITY PROTOTYPE	62,927	62,927
088	0604454N	LX (R)	26,630	26,630
089	0604536N	ADVANCED UNDERSEA PROTOTYPING	116,880	116,880
090	0604636N	COUNTER UNMANNED AIRCRAFT SYSTEMS (C-UAS)	7,438	7,438
091	0604659N	PRECISION STRIKE WEAPONS DEVELOPMENT PROGRAM	84,734	109,734
		Research and development for a nuclear-capable sea-launched cruise missile		[25,000]
092	0604707N	SPACE AND ELECTRONIC WARFARE (SEW) ARCHITECTURE/ENGINEERING SUPPORT	10,229	10,229
093	0604786N	OFFENSIVE ANTI-SURFACE WARFARE WEAPON DEVELOPMENT	124,204	261,304
		Hypersonic Offensive Anti-Surface Warfare Increment 2 (OASuW Inc 2)—Navy UPL		[34,100]
		Long Range Anti-Ship Missile (LRASM) AGM–158C–3 range improvement (Navy JASSM)—Navy UPL		[53,000]
		Long Range Anti-Ship Missile (LRSAM)		[50,000]
094	0605512N	MEDIUM UNMANNED SURFACE VEHICLES (MUSVS))	104,000	104,000
095	0605513N	UNMANNED SURFACE VEHICLE ENABLING CAPABILITIES	181,620	166,620
		Program decrease		[–15,000]
096	0605514M	GROUND BASED ANTI-SHIP MISSILE	43,090	43,090
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 AIRCRAFT SYSTEM	1,735	23,535
		KARGO		[6,800]
		Transition of the Autonomous Maritime Patrol Aircraft (AMPA) JCTD to Naval Aviation System Command (NAVAIR)		[15,000]
101	0304270N	ELECTRONIC WARFARE DEVELOPMENT—MIP	796	796
		SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES	8,405,310	8,773,860

		SYSTEM DEVELOPMENT & DEMONSTRATION
102	0603208N	TRAINING SYSTEM AIRCRAFT	15,128	15,128
103	0604038N	MARITIME TARGETING CELL	39,600	39,600
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 DEVELOPMENT	44,684	44,684
108	0604221N	P–3 MODERNIZATION PROGRAM	343	343
109	0604230N	WARFARE SUPPORT SYSTEM	12,337	12,337
110	0604231N	COMMAND AND CONTROL SYSTEMS	143,575	143,575
111	0604234N	ADVANCED HAWKEYE	502,956	482,956
		Program decrease		[–20,000]
112	0604245M	H–1 UPGRADES	43,759	58,559
		H–1 Digital Interoperability (DI) Mobile User Objective System (MUOS)		[14,800]
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	84,679
		Program Increase—MidBand Capability		[30,000]
120	0604280N	JOINT TACTICAL RADIO SYSTEM—NAVY (JTRS-NAVY)	329,787	314,787
		Program decrease		[–15,000]
121	0604282N	NEXT GENERATION JAMMER (NGJ) INCREMENT II	301,737	151,737
		Program delay		[–150,000]
122	0604307N	SURFACE COMBATANT COMBAT SYSTEM ENGINEERING	347,233	347,233
124	0604329N	SMALL DIAMETER BOMB (SDB)	42,881	42,881
125	0604366N	STANDARD MISSILE IMPROVEMENTS	319,943	342,943
		SM–6 Rocket Motor Industrial Base Expansion		[23,000]
126	0604373N	AIRBORNE MCM	10,882	10,882
127	0604378N	NAVAL INTEGRATED FIRE CONTROL—COUNTER AIR SYSTEMS ENGINEERING	45,892	45,892
129	0604501N	ADVANCED ABOVE WATER SENSORS	81,254	81,254
130	0604503N	SSN–688 AND TRIDENT MODERNIZATION	93,501	103,001
		Submarine Electronic Warfare Capabilitiy Improvements		[9,500]
131	0604504N	AIR CONTROL	39,138	39,138
132	0604512N	SHIPBOARD AVIATION SYSTEMS	11,759	11,759
133	0604518N	COMBAT INFORMATION CENTER CONVERSION	11,160	11,160
134	0604522N	AIR AND MISSILE DEFENSE RADAR (AMDR) SYSTEM	87,459	87,459
135	0604530N	ADVANCED ARRESTING GEAR (AAG)	151	151
136	0604558N	NEW DESIGN SSN	307,585	504,985
		Accelerated design		[188,900]
		Advanced Submarine Control		[8,500]
137	0604562N	SUBMARINE TACTICAL WARFARE SYSTEM	58,741	58,741
138	0604567N	SHIP CONTRACT DESIGN/ LIVE FIRE T&E	60,791	60,791
139	0604574N	NAVY TACTICAL COMPUTER RESOURCES	4,177	4,177
140	0604601N	MINE DEVELOPMENT	60,793	105,793
		INDOPACOM UPL—Anti-Surface Warfare (ASuW) Hammerhead Mine		[25,000]
		Quickstrike Powered Mines		[20,000]
141	0604610N	LIGHTWEIGHT TORPEDO DEVELOPMENT	142,000	142,000
142	0604654N	JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT	8,618	8,618
143	0604657M	USMC GROUND COMBAT/SUPPORTING ARMS SYSTEMS—ENG DEV	45,025	45,025
144	0604703N	PERSONNEL, TRAINING, SIMULATION, AND HUMAN FACTORS	7,454	7,454
145	0604727N	JOINT STANDOFF WEAPON SYSTEMS	758	758
146	0604755N	SHIP SELF DEFENSE (DETECT & CONTROL)	159,426	159,426
147	0604756N	SHIP SELF DEFENSE (ENGAGE: HARD KILL)	71,818	71,818
148	0604757N	SHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW)	92,687	127,087
		Counter-Command, Control, Communications, Computers and Combat Systems Intelligence, Surveillance and Reconnaissance and Targeting (C-C5ISR&T)—Navy UPL		[29,400]
		Small Ship EW Self Protection Demonstration		[5,000]
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	295,353
		High performance data analytics		[10,000]
		Navy ePS—early to need		[–5,000]
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-Power Density Li-Ion Battery Magazines (HEBM) in Defense Applications		[4,000]
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 (MMA)	37,939	37,939
167	0605504N	MULTI-MISSION MARITIME (MMA) INCREMENT III	161,697	161,697
168	0605611M	MARINE CORPS ASSAULT VEHICLES SYSTEM DEVELOPMENT & DEMONSTRATION	94,569	94,569
169	0605813M	JOINT LIGHT TACTICAL VEHICLE (JLTV) SYSTEM DEVELOPMENT & DEMONSTRATION	2,856	2,856
170	0204202N	DDG–1000	197,436	197,436
171	0301377N	COUNTERING ADVANCED CONVENTIONAL WEAPONS (CACW)	12,341	22,341
		Threat Mosaic Warfare		[10,000]
175	0304785N	ISR & INFO OPERATIONS	135,366	135,366
176	0306250M	CYBER OPERATIONS TECHNOLOGY DEVELOPMENT	37,038	37,038
		SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION	6,606,583	6,801,903

		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	97,316
		AUTEC data fusion capabilities		[2,000]
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 & INTERNATIONAL SUPPORT	105,152	165,152
		NRE project backlog reduction		[60,000]
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 CAPABILITY	27,808	27,808
189	0605866N	NAVY SPACE AND ELECTRONIC WARFARE (SEW) SUPPORT	27,175	27,175
190	0605867N	SEW SURVEILLANCE/RECONNAISSANCE SUPPORT	7,186	7,186
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 (DEPARTMENTAL SUPPORT ACTIVITIES)	1,811	1,811
		SUBTOTAL MANAGEMENT SUPPORT	1,132,670	1,194,670

		OPERATIONAL SYSTEMS DEVELOPMENT
198	0603273N	SCIENCE & TECHNOLOGY FOR NUCLEAR RE-ENTRY SYSTEMS	65,735	65,735
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 SYSTEMS	48,663	48,663
204	0607658N	COOPERATIVE ENGAGEMENT CAPABILITY (CEC)	156,121	156,121
205	0101221N	STRATEGIC SUB & WEAPONS SYSTEM SUPPORT	284,502	304,502
		D5LE2 Risk Reduction		[20,000]
206	0101224N	SSBN SECURITY TECHNOLOGY PROGRAM	50,939	50,939
207	0101226N	SUBMARINE ACOUSTIC WARFARE DEVELOPMENT	81,237	88,237
		Program increase		[7,000]
208	0101402N	NAVY STRATEGIC COMMUNICATIONS	49,424	49,424
209	0204136N	F/A–18 SQUADRONS	238,974	242,974
		Jet Noise Reduction		[4,000]
210	0204228N	SURFACE SUPPORT	12,197	12,197
211	0204229N	TOMAHAWK AND TOMAHAWK MISSION PLANNING CENTER (TMPC)	132,719	132,719
212	0204311N	INTEGRATED SURVEILLANCE SYSTEM	68,417	82,917
		Deployable Surveillance System, Deep Water Active		[14,500]
213	0204313N	SHIP-TOWED ARRAY SURVEILLANCE SYSTEMS	1,188	1,188
214	0204413N	AMPHIBIOUS TACTICAL SUPPORT UNITS (DISPLACEMENT CRAFT)	1,789	1,789
215	0204460M	GROUND/AIR TASK ORIENTED RADAR (G/ATOR)	61,422	85,422
		G/ATOR air traffic control development—USMC UPL		[24,000]
216	0204571N	CONSOLIDATED TRAINING SYSTEMS DEVELOPMENT	70,339	70,339
217	0204575N	ELECTRONIC WARFARE (EW) READINESS SUPPORT	47,436	47,436
218	0205601N	ANTI-RADIATION MISSILE IMPROVEMENT	90,779	90,779
219	0205620N	SURFACE ASW COMBAT SYSTEM INTEGRATION	28,999	28,999
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 SYSTEMS	114,305	114,305
		Classified—USMC UPL		[5,000]
		Program decrease		[–5,000]
224	0206335M	COMMON AVIATION COMMAND AND CONTROL SYSTEM (CAC2S)	14,865	14,865
225	0206623M	MARINE CORPS GROUND COMBAT/SUPPORTING ARMS SYSTEMS	100,536	113,736
		Program Increase—USMC UPL		[6,600]
		Tactical Warfare Simulation improvements—USMC UPL		[6,600]
226	0206624M	MARINE CORPS COMBAT SERVICES SUPPORT	26,522	26,522
227	0206625M	USMC INTELLIGENCE/ELECTRONIC WARFARE SYSTEMS (MIP)	51,976	51,976
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 MISSILE (AMRAAM)	30,898	30,898
231	0208043N	PLANNING AND DECISION AID SYSTEM (PDAS)	3,609	3,609
236	0303138N	AFLOAT NETWORKS	45,693	45,693
237	0303140N	INFORMATION SYSTEMS SECURITY PROGRAM	33,752	33,752
238	0305192N	MILITARY INTELLIGENCE PROGRAM (MIP) ACTIVITIES	8,415	8,415
239	0305204N	TACTICAL UNMANNED AERIAL VEHICLES	10,576	10,576
240	0305205N	UAS INTEGRATION AND INTEROPERABILITY	18,373	18,373
241	0305208M	DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS	45,705	41,705
		Program decrease		[–4,000]
242	0305220N	MQ–4C TRITON	13,893	–1,107
		Program decrease		[–15,000]
243	0305231N	MQ–8 UAV		13,100
		Costs associated with restoring 5 LCS		[13,100]
244	0305232M	RQ–11 UAV	1,234	1,234
245	0305234N	SMALL (LEVEL 0) TACTICAL UAS (STUASL0)	3,761	3,761
247	0305241N	MULTI-INTELLIGENCE SENSOR DEVELOPMENT	56,261	56,261
248	0305242M	UNMANNED AERIAL SYSTEMS (UAS) PAYLOADS (MIP)	9,780	9,780
249	0305251N	CYBERSPACE OPERATIONS FORCES AND FORCE SUPPORT	36,505	36,505
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	24,437
		Multi-physics simulation		[15,000]
253	0702207N	DEPOT MAINTENANCE (NON-IF)	26,248	26,248
254	0708730N	MARITIME TECHNOLOGY (MARITECH)	2,133	2,133
255A	9999999999	CLASSIFIED PROGRAMS	1,701,811	1,714,591
		Program increase		[12,780]
		SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT	5,483,386	5,587,966

		SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS
256	0608013N	RISK MANAGEMENT INFORMATION—SOFTWARE PILOT PROGRAM	12,810	12,810
257	0608231N	MARITIME TACTICAL COMMAND AND CONTROL (MTC2)—SOFTWARE PILOT PROGRAM	11,198	11,198
		SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS	24,008	24,008

		TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY	24,078,718	25,270,442

		RESEARCH, DEVELOPMENT, TEST & EVAL, AF
		BASIC RESEARCH
001	0601102F	DEFENSE RESEARCH SCIENCES	375,325	455,397
		Drone medic platform		[5,000]
		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 Massive Data Transmissions in Real-Time		[4,000]
		SUBTOTAL BASIC RESEARCH	546,517	632,939

		APPLIED RESEARCH
004	0602020F	FUTURE AF CAPABILITIES APPLIED RESEARCH	88,672	88,672
005	0602102F	MATERIALS	134,795	144,795
		Thermal protection for hypersonic vehicles		[10,000]
006	0602201F	AEROSPACE VEHICLE TECHNOLOGIES	159,453	175,953
		Aeromechanics and integration		[10,000]
		Rapid aerospace fabrication technology		[6,500]
007	0602202F	HUMAN EFFECTIVENESS APPLIED RESEARCH	135,771	160,842
		Digital engineering and prototype capability		[20,071]
		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— MAJOR HEADQUARTERS ACTIVITIES	8,856	8,856
012	0602602F	CONVENTIONAL MUNITIONS	137,303	147,303
		Advanced hypersonic propulsion		[10,000]
013	0602605F	DIRECTED ENERGY TECHNOLOGY	109,302	104,947
		AI-enabled decisionmaking		[4,000]
		Technical realignment		[–8,355]
014	0602788F	DOMINANT INFORMATION SCIENCES AND METHODS	166,041	260,041
		AI for networks		[10,000]
		Internet of Things Laboratory		[7,000]
		Multi-Edge Computing Command and Control		[12,000]
		Program increase		[10,000]
		Quantum testbed		[10,000]
		Trapped ion quantum computer		[30,000]
		Trusted computing base for mission flight computer		[5,000]
		UAS traffic management		[10,000]
		SUBTOTAL APPLIED RESEARCH	1,305,787	1,462,003

		ADVANCED TECHNOLOGY DEVELOPMENT
016	0603032F	FUTURE AF INTEGRATED TECHNOLOGY DEMOS	152,559	146,559
		Automated geospatial intelligence detection algorithm		[9,000]
		Insufficient justification		[–15,000]
017	0603112F	ADVANCED MATERIALS FOR WEAPON SYSTEMS	29,116	53,116
		FSS & UWB radome production		[9,000]
		Metals Affordability Initiative		[15,000]
018	0603199F	SUSTAINMENT SCIENCE AND TECHNOLOGY (S&T)	10,695	10,695
019	0603203F	ADVANCED AEROSPACE SENSORS	36,997	36,997
020	0603211F	AEROSPACE TECHNOLOGY DEV/DEMO	54,727	86,820
		Airborne Missile Defense Beam Director Development and Flight Environmental Qualification		[10,000]
		Modular Open Autonomous Software Testing		[5,600]
		Program increase		[25,000]
		Technical realignment		[–8,507]
021	0603216F	AEROSPACE PROPULSION AND POWER TECHNOLOGY	64,254	96,511
		Attritable combat UAV propulsion		[13,750]
		Program increase		[10,000]
		Technical realignment		[8,507]
022	0603270F	ELECTRONIC COMBAT TECHNOLOGY	33,380	48,380
		High speed expendable turboramjets		[5,000]
		Program increase		[10,000]
023	0603273F	SCIENCE & TECHNOLOGY FOR NUCLEAR RE-ENTRY SYSTEMS	39,431	39,431
026	0603456F	HUMAN EFFECTIVENESS ADVANCED TECHNOLOGY DEVELOPMENT	20,652	20,652
027	0603601F	CONVENTIONAL WEAPONS TECHNOLOGY	187,374	187,374
028	0603605F	ADVANCED WEAPONS TECHNOLOGY	98,503	98,503
029	0603680F	MANUFACTURING TECHNOLOGY PROGRAM	47,759	69,759
		Agile Factory Floor for Depot Sustainment		[8,000]
		Carbon/carbon for hypersonics		[10,000]
		CPF—Additive Manufacturing and Ultra-High Performance Concrete		[4,000]
030	0603788F	BATTLESPACE KNOWLEDGE DEVELOPMENT AND DEMONSTRATION	51,824	51,824
		SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT	827,271	946,621

		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 MISSILE—DEM/VAL	46,432	46,432
036	0604001F	NC3 ADVANCED CONCEPTS	5,098	5,098
038	0604003F	ADVANCED BATTLE MANAGEMENT SYSTEM (ABMS)	231,408	200,408
		Program decrease		[–31,000]
039	0604004F	ADVANCED ENGINE DEVELOPMENT	353,658	503,658
		AETP		[150,000]
040	0604006F	DEPT OF THE AIR FORCE TECH ARCHITECTURE	66,615	66,615
041	0604015F	LONG RANGE STRIKE—BOMBER	3,253,584	3,253,584
042	0604032F	DIRECTED ENERGY PROTOTYPING	4,269	4,269
043	0604033F	HYPERSONICS PROTOTYPING	431,868	172,547
		Flight in Relevant Environments (FIRE) increase		[11,000]
		Technical realignment		[–270,321]
044	0604183F	HYPERSONICS PROTOTYPING—HYPERSONIC ATTACK CRUISE MISSILE (HACM)	144,891	461,778
		Technical realignment		[316,887]
045	0604201F	PNT RESILIENCY, MODS, AND IMPROVEMENTS	12,010	12,010
046	0604257F	ADVANCED TECHNOLOGY AND SENSORS	13,311	13,311
047	0604288F	SURVIVABLE AIRBORNE OPERATIONS CENTER	203,213	203,213
048	0604317F	TECHNOLOGY TRANSFER	16,759	16,759
049	0604327F	HARD AND DEEPLY BURIED TARGET DEFEAT SYSTEM (HDBTDS) PROGRAM	106,826	141,826
		Program Increase—Replace Expended Inventory		[35,000]
050	0604414F	CYBER RESILIENCY OF WEAPON SYSTEMS-ACS	44,526	44,526
051	0604668F	JOINT TRANSPORTATION MANAGEMENT SYSTEM (JTMS)	51,758	51,758
052	0604776F	DEPLOYMENT & DISTRIBUTION ENTERPRISE R&D	27,586	27,586
053	0604858F	TECH TRANSITION PROGRAM	649,545	600,795
		Program increase		[9,250]
		Technical realignment		[–58,000]
054	0604860F	OPERATIONAL ENERGY AND INSTALLATION RESILIENCE		15,500
		Technical realignment		[15,500]
055	0605230F	GROUND BASED STRATEGIC DETERRENT		3,000
		ICBM transition readiness modeling and simulation		[3,000]
056	0207110F	NEXT GENERATION AIR DOMINANCE	1,657,733	1,608,233
		Program decrease		[–49,500]
057	0207179F	AUTONOMOUS COLLABORATIVE PLATFORMS	51,747	51,747
058	0207420F	COMBAT IDENTIFICATION	1,866	1,866
059	0207455F	THREE DIMENSIONAL LONG-RANGE RADAR (3DELRR)	14,490	14,490
060	0207522F	AIRBASE AIR DEFENSE SYSTEMS (ABADS)	52,498	48,498
		Program decrease		[–4,000]
061	0208030F	WAR RESERVE MATERIEL—AMMUNITION	10,288	10,288
064	0305236F	COMMON DATA LINK EXECUTIVE AGENT (CDL EA)	37,460	37,460
065	0305601F	MISSION PARTNER ENVIRONMENTS	17,378	17,378
066	0306250F	CYBER OPERATIONS TECHNOLOGY SUPPORT	234,576	286,476
		Joint Cyber Warfighting Architecture—CYBERCOM UPL		[51,900]
067	0306415F	ENABLED CYBER ACTIVITIES	16,728	16,728
070	0808737F	CVV INTEGRATED PREVENTION	9,315	9,315
071	0901410F	CONTRACTING INFORMATION TECHNOLOGY SYSTEM	14,050	14,050
072	1206415F	U.S. SPACE COMMAND RESEARCH AND DEVELOPMENT SUPPORT	10,350	10,350
		SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES	7,945,238	8,124,954

		SYSTEM DEVELOPMENT & DEMONSTRATION
073	0604200F	FUTURE ADVANCED WEAPON ANALYSIS & PROGRAMS	9,879	9,879
074	0604201F	PNT RESILIENCY, MODS, AND IMPROVEMENTS	176,824	176,824
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 (JTNC)	2,222	2,222
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 EMD	3,614,290	3,614,290
094	0207171F	F–15 EPAWSS	67,956	67,956
095	0207279F	ISOLATED PERSONNEL SURVIVABILITY AND RECOVERY	27,881	27,881
096	0207328F	STAND IN ATTACK WEAPON	283,152	283,152
097	0207701F	FULL COMBAT MISSION TRAINING	3,028	12,528
		Airborne Augemented Reality		[9,500]
102	0401221F	KC–46A TANKER SQUADRONS	197,510	197,510
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 & DEMONSTRATION	6,438,954	6,348,454

		MANAGEMENT SUPPORT
108	0604256F	THREAT SIMULATOR DEVELOPMENT	21,067	56,067
		Program increase		[35,000]
109	0604759F	MAJOR T&E INVESTMENT	44,714	74,714
		Program increase		[30,000]
110	0605101F	RAND PROJECT AIR FORCE	37,921	37,921
111	0605502F	SMALL BUSINESS INNOVATION RESEARCH	86	86
112	0605712F	INITIAL OPERATIONAL TEST & EVALUATION	13,926	13,926
113	0605807F	TEST AND EVALUATION SUPPORT	826,854	826,854
115	0605827F	ACQ WORKFORCE- GLOBAL VIG & COMBAT SYS	255,995	283,995
		Technical realignment		[28,000]
116	0605828F	ACQ WORKFORCE- GLOBAL REACH	457,589	457,589
117	0605829F	ACQ WORKFORCE- CYBER, NETWORK, & BUS SYS	459,223	473,423
		Technical realignment		[14,200]
118	0605830F	ACQ WORKFORCE- GLOBAL BATTLE MGMT	3,696	3,696
119	0605831F	ACQ WORKFORCE- CAPABILITY INTEGRATION	229,610	253,610
		Technical realignment		[24,000]
120	0605832F	ACQ WORKFORCE- ADVANCED PRGM TECHNOLOGY	92,648	67,361
		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 MODERNIZATION—TEST AND EVALUATION SUPPORT	77,820	77,820
124	0605978F	FACILITIES SUSTAINMENT—TEST AND EVALUATION SUPPORT	31,561	31,561
125	0606017F	REQUIREMENTS ANALYSIS AND MATURATION	101,844	101,844
126	0606398F	MANAGEMENT HQ—T&E	6,285	6,285
127	0303166F	SUPPORT TO INFORMATION OPERATIONS (IO) CAPABILITIES	556	556
128	0303255F	COMMAND, CONTROL, COMMUNICATION, AND COMPUTERS (C4)—STRATCOM	15,559	35,559
		Establishment and initial operations of the NC3 Rapid Engineering Architecture Collaboration Hub (REACH)		[20,000]
129	0308602F	ENTEPRISE INFORMATION SERVICES (EIS)	83,231	83,231
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	3,155,874

		OPERATIONAL SYSTEMS DEVELOPMENT
136	0604233F	SPECIALIZED UNDERGRADUATE FLIGHT TRAINING	18,037	18,037
138	0604617F	AGILE COMBAT SUPPORT	8,199	8,199
139	0604776F	DEPLOYMENT & DISTRIBUTION ENTERPRISE R&D	156	156
140	0604840F	F–35 C2D2	1,014,708	1,014,708
141	0605018F	AF INTEGRATED PERSONNEL AND PAY SYSTEM (AF-IPPS)	37,901	32,901
		Insufficient justification		[–5,000]
142	0605024F	ANTI-TAMPER TECHNOLOGY EXECUTIVE AGENCY	50,066	50,066
143	0605117F	FOREIGN MATERIEL ACQUISITION AND EXPLOITATION	80,338	80,338
144	0605278F	HC/MC–130 RECAP RDT&E	47,994	17,994
		Program decrease		[–30,000]
145	0606018F	NC3 INTEGRATION	23,559	23,559
147	0101113F	B–52 SQUADRONS	770,313	689,313
		Program decrease		[–81,000]
148	0101122F	AIR-LAUNCHED CRUISE MISSILE (ALCM)	571	571
149	0101126F	B–1B SQUADRONS	13,144	30,144
		Hypersonic Integration Validation Testing		[17,000]
150	0101127F	B–2 SQUADRONS	111,990	111,990
151	0101213F	MINUTEMAN SQUADRONS	69,650	69,650
152	0101316F	WORLDWIDE JOINT STRATEGIC COMMUNICATIONS	22,725	22,725
153	0101324F	INTEGRATED STRATEGIC PLANNING & ANALYSIS NETWORK	3,180	3,180
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 CENTER MODERNIZATION PROGRAM	451	31,951
		Multi-Domain Operations modernization development		[31,500]
158	0102412F	NORTH WARNING SYSTEM (NWS)	76,910	76,910
159	0102417F	OVER-THE-HORIZON BACKSCATTER RADAR	12,210	17,210
		Ultra-wide band receiver		[5,000]
160	0202834F	VEHICLES AND SUPPORT EQUIPMENT—GENERAL	14,483	14,483
161	0205219F	MQ–9 UAV	98,499	98,499
162	0205671F	JOINT COUNTER RCIED ELECTRONIC WARFARE	1,747	1,747
163	0207040F	MULTI-PLATFORM ELECTRONIC WARFARE EQUIPMENT	23,195	30,195
		AI for EW		[7,000]
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	213,272
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 MISSILE (AMRAAM)	52,704	52,704
173	0207227F	COMBAT RESCUE—PARARESCUE	863	863
174	0207247F	AF TENCAP	23,309	23,309
175	0207249F	PRECISION ATTACK SYSTEMS PROCUREMENT	12,722	12,722
176	0207253F	COMPASS CALL	49,054	49,054
177	0207268F	AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM	116,087	116,087
178	0207325F	JOINT AIR-TO-SURFACE STANDOFF MISSILE (JASSM)	117,198	129,198
		Software Update		[12,000]
179	0207327F	SMALL DIAMETER BOMB (SDB)	27,713	77,713
		Technology refresh & improvement—Air Force UPL		[50,000]
181	0207412F	CONTROL AND REPORTING CENTER (CRC)	6,615	12,815
		Combat Air Intelligence Systems		[6,200]
182	0207417F	AIRBORNE WARNING AND CONTROL SYSTEM (AWACS)	239,658	237,658
		Early to need—communication network upgrade		[–2,000]
183	0207418F	AFSPECWAR—TACP	5,982	5,982
185	0207431F	COMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES	23,504	23,504
186	0207438F	THEATER BATTLE MANAGEMENT (TBM) C4I	5,851	5,851
187	0207439F	ELECTRONIC WARFARE INTEGRATED REPROGRAMMING (EWIR)	15,990	15,990
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 FORENSICS	2,039	2,039
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	2,347
201	0208087F	DISTRIBUTED CYBER WARFARE OPERATIONS	76,592	113,892
		Joint Cyber Warfighting Architecture—CYBERCOM UPL		[37,300]
202	0208088F	AF DEFENSIVE CYBERSPACE OPERATIONS	8,367	8,367
203	0208097F	JOINT CYBER COMMAND AND CONTROL (JCC2)	80,740	80,740
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 SUPPORT	8,972	8,972
218	0301401F	AIR FORCE SPACE AND CYBER NON-TRADITIONAL ISR FOR BATTLESPACE AWARENESS	3,069	3,069
219	0302015F	E–4B NATIONAL AIRBORNE OPERATIONS CENTER (NAOC)	25,701	25,701
220	0303131F	MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN)	41,171	41,171
221	0303140F	INFORMATION SYSTEMS SECURITY PROGRAM	70,582	70,582
224	0303260F	JOINT MILITARY DECEPTION INITIATIVE	2,588	2,588
226	0304260F	AIRBORNE SIGINT ENTERPRISE	108,528	115,528
		Special Mission Airborne SIGINT Enterprise Technology		[7,000]
227	0304310F	COMMERCIAL ECONOMIC ANALYSIS	4,542	4,542
230	0305015F	C2 AIR OPERATIONS SUITE—C2 INFO SERVICES	8,097	8,097
231	0305020F	CCMD INTELLIGENCE INFORMATION TECHNOLOGY	1,751	1,751
232	0305022F	ISR MODERNIZATION & AUTOMATION DVMT (IMAD)	13,138	33,138
		All-domain multi-sensor and multi-intelligence data fusion		[10,000]
		Operationalize foreign language exploitation capabilities		[10,000]
233	0305099F	GLOBAL AIR TRAFFIC MANAGEMENT (GATM)	4,895	4,895
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 LANDING SYSTEM (ATCALS)	8,511	8,511
237	0305116F	AERIAL TARGETS	1,365	1,365
240	0305128F	SECURITY AND INVESTIGATIVE ACTIVITIES	223	223
241	0305146F	DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES	8,328	8,328
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	80,048
		Sensor Open Systems Architecture		[20,000]
		Wide Area Motion Imagery		[5,000]
246	0305207F	MANNED RECONNAISSANCE SYSTEMS	14,590	14,590
247	0305208F	DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS	26,901	26,901
248	0305220F	RQ–4 UAV	68,801	68,801
249	0305221F	NETWORK-CENTRIC COLLABORATIVE TARGETING	17,564	17,564
250	0305238F	NATO AGS	826	826
251	0305240F	SUPPORT TO DCGS ENTERPRISE	28,774	28,774
252	0305600F	INTERNATIONAL INTELLIGENCE TECHNOLOGY AND ARCHITECTURES	15,036	15,036
253	0305881F	RAPID CYBER ACQUISITION	3,739	3,739
254	0305984F	PERSONNEL RECOVERY COMMAND & CTRL (PRC2)	2,702	2,702
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	6,100
258	0401130F	C–17 AIRCRAFT (IF)	25,387	31,887
		IR Suppression		[6,500]
259	0401132F	C–130J PROGRAM	11,060	21,060
		Winglets		[10,000]
260	0401134F	LARGE AIRCRAFT IR COUNTERMEASURES (LAIRCM)	2,909	2,909
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 SYSTEM	19,892	23,892
		CPF—Aviation Training Academy of the Future		[4,000]
265	0708610F	LOGISTICS INFORMATION TECHNOLOGY (LOGIT)	5,271	5,271
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 AGENCY	899	899
273	0901538F	FINANCIAL MANAGEMENT INFORMATION SYSTEMS DEVELOPMENT	5,421	5,421
276	1202140F	SERVICE SUPPORT TO SPACECOM ACTIVITIES	13,766	13,766
276A	9999999999	CLASSIFIED PROGRAMS	17,240,641	17,271,641
		Program increase		[31,000]
		SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT	23,090,569	23,252,069

		SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS
278	0608158F	STRATEGIC MISSION PLANNING AND EXECUTION SYSTEM—SOFTWARE PILOT PROGRAM	100,167	100,167
279	0608410F	AIR & SPACE OPERATIONS CENTER (AOC)—SOFTWARE PILOT PROGRAM	177,827	177,827
280	0608920F	DEFENSE ENTERPRISE ACCOUNTING AND MANAGEMENT SYSTEM (DEAMS)—SOFTWARE PILOT PRO	136,202	136,202
281	0208087F	DISTRIBUTED CYBER WARFARE OPERATIONS	37,346	0
		Technical realignment		[–37,346]
282	0308605F	AIR FORCE DEFENSIVE CYBER SYSTEMS (AFDCS)—SOFTWARE PILOT PROGRAM	240,926	240,926
283	0308606F	ALL DOMAIN COMMON PLATFORM (ADCP)—SOFTWARE PILOT PROGRAM	190,112	190,112
284	0308607F	AIR FORCE WEATHER PROGRAMS—SOFTWARE PILOT PROGRAM	58,063	58,063
285	0308608F	ELECTRONIC WARFARE INTEGRATED REPROGRAMMING (EWIR)—SOFTWARE PILOT PROGRAM	5,794	5,794
		SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS	946,437	909,091

		TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, AF	44,134,301	44,832,005

		RDTE, SPACE FORCE
		APPLIED RESEARCH
002	1206601SF	SPACE TECHNOLOGY	243,737	278,892
		Advanced Analog Microelectronics		[6,800]
		AI for space technology		[5,000]
		Technical realignment		[8,355]
		University Consortia for Space Technology		[15,000]
		SUBTOTAL APPLIED RESEARCH	243,737	278,892

		ADVANCED TECHNOLOGY DEVELOPMENT
003	1206310SF	SPACE SCIENCE AND TECHNOLOGY RESEARCH AND DEVELOPMENT	460,820	526,820
		Defense in depth as mission assurance for spacecraft		[20,000]
		Multilevel, Secure, Autonomous Mission Operations at AFRL		[20,000]
		Program increase		[26,000]
004	1206616SF	SPACE ADVANCED TECHNOLOGY DEVELOPMENT/DEMO	103,395	80,168
		Reduce follow-on tranches		[–26,000]
		Technical realignment		[2,773]
		SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT	564,215	606,988

		ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES
005	0604002SF	SPACE FORCE WEATHER SERVICES RESEARCH	816	816
006	1203164SF	NAVSTAR GLOBAL POSITIONING SYSTEM (USER EQUIPMENT) (SPACE)	382,594	382,594
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 PROTOTYPING	986,822	990,822
		C2BMC integration		[4,000]
012	1206425SF	SPACE SITUATION AWARENESS SYSTEMS	230,621	230,621
013	1206427SF	SPACE SYSTEMS PROTOTYPE TRANSITIONS (SSPT)	106,252	106,252
014	1206438SF	SPACE CONTROL TECHNOLOGY	57,953	69,953
		Program increase		[12,000]
016	1206730SF	SPACE SECURITY AND DEFENSE PROGRAM	59,169	59,169
017	1206760SF	PROTECTED TACTICAL ENTERPRISE SERVICE (PTES)	121,069	121,069
018	1206761SF	PROTECTED TACTICAL SERVICE (PTS)	294,828	294,828
019	1206855SF	EVOLVED STRATEGIC SATCOM (ESS)	565,597	565,597
020	1206857SF	SPACE RAPID CAPABILITIES OFFICE	45,427	45,427
		SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES	2,992,458	3,008,458

		SYSTEM DEVELOPMENT & DEMONSTRATION
021	1203269SF	GPS III FOLLOW-ON (GPS IIIF)	325,927	325,927
022	1203940SF	SPACE SITUATION AWARENESS OPERATIONS	49,628	49,628
023	1206421SF	COUNTERSPACE SYSTEMS	21,848	21,848
024	1206422SF	WEATHER SYSTEM FOLLOW-ON	48,870	48,870
025	1206425SF	SPACE SITUATION AWARENESS SYSTEMS	105,140	105,140
026	1206431SF	ADVANCED EHF MILSATCOM (SPACE)	11,701	11,701
027	1206432SF	POLAR MILSATCOM (SPACE)	67,465	67,465
028	1206433SF	WIDEBAND GLOBAL SATCOM (SPACE)	48,438	48,438
029	1206440SF	NEXT-GEN OPIR—GROUND		612,529
		Technical realignment		[612,529]
030	1206442SF	NEXT GENERATION OPIR	3,479,459	253,801
		Technical realignment		[–3,225,658]
031	1206443SF	NEXT-GEN OPIR—GEO		1,713,933
		Technical realignment		[1,713,933]
032	1206444SF	NEXT-GEN OPIR—POLAR		899,196
		Technical realignment		[899,196]
033	1206445SF	COMMERCIAL SATCOM (COMSATCOM) INTEGRATION	23,513	23,513
034	1206446SF	RESILIENT MISSILE WARNING MISSILE TRACKING—LOW EARTH ORBIT (LEO)	499,840	525,637
		Technical realignment		[25,797]
035	1206447SF	RESILIENT MISSILE WARNING MISSILE TRACKING—MEDIUM EARTH ORBIT (MEO)	139,131	303,930
		Technical realignment		[164,799]
036	1206448SF	RESILIENT MISSILE WARNING MISSILE TRACKING—INTEGRATED GROUND SEGMENT	390,596	0
		Technical realignment		[–390,596]
037	1206853SF	NATIONAL SECURITY SPACE LAUNCH PROGRAM (SPACE)—EMD	124,103	154,103
		Increase EMD for NSSL Phase 3 and beyond activities		[30,000]
		SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION	5,335,659	5,165,659

		MANAGEMENT SUPPORT
039	1206116SF	SPACE TEST AND TRAINING RANGE DEVELOPMENT	21,453	21,453
040	1206392SF	ACQ WORKFORCE—SPACE & MISSILE SYSTEMS	253,716	253,716
041	1206398SF	SPACE & MISSILE SYSTEMS CENTER—MHA	13,962	20,962
		Spacelift Range System improvements		[7,000]
042	1206616SF	SPACE ADVANCED TECHNOLOGY DEVELOPMENT/DEMO	2,773	0
		Technical realignment		[–2,773]
043	1206759SF	MAJOR T&E INVESTMENT—SPACE	89,751	89,751
044	1206860SF	ROCKET SYSTEMS LAUNCH PROGRAM (SPACE)	17,922	17,922
045	1206862SF	TACTICALLY RESPONSIVE LAUNCH		100,000
		Continue Tactically Responsive Space		[75,000]
		Program increase		[25,000]
046	1206864SF	SPACE TEST PROGRAM (STP)	25,366	25,366
		SUBTOTAL MANAGEMENT SUPPORT	424,943	529,170

		OPERATIONAL SYSTEM DEVELOPMENT
048	1201017SF	GLOBAL SENSOR INTEGRATED ON NETWORK (GSIN)	5,321	5,321
049	1203001SF	FAMILY OF ADVANCED BLOS TERMINALS (FAB-T)	128,243	128,243
050	1203040SF	DCO-SPACE	28,162	28,162
051	1203109SF	NARROWBAND SATELLITE COMMUNICATIONS	165,892	165,892
052	1203110SF	SATELLITE CONTROL NETWORK (SPACE)	42,199	42,199
053	1203165SF	NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE AND CONTROL SEGMENTS)	2,062	2,062
054	1203173SF	SPACE AND MISSILE TEST AND EVALUATION CENTER	4,157	4,157
055	1203174SF	SPACE INNOVATION, INTEGRATION AND RAPID TECHNOLOGY DEVELOPMENT	38,103	38,103
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	18,615
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 OPERATIONS	80,903	85,903
		Program increase		[5,000]
064	1206423SF	GLOBAL POSITIONING SYSTEM III—OPERATIONAL CONTROL SEGMENT	359,720	359,720
068	1206770SF	ENTERPRISE GROUND SERVICES	123,601	123,601
068A	9999999999	CLASSIFIED PROGRAMS	4,973,358	4,927,058
		Funding early to need		[–379,300]
		INDOPACOM Space Control		[308,000]
		Program adjustment		[25,000]
		SUBTOTAL OPERATIONAL SYSTEM DEVELOPMENT	6,103,307	6,062,007

		SOFTWARE & DIGITAL TECHNOLOGY PILOT PROGRAMS
070	1208248SF	SPACE COMMAND & CONTROL—SOFTWARE PILOT PROGRAM	155,053	155,053
		SUBTOTAL SOFTWARE & DIGITAL TECHNOLOGY PILOT PROGRAMS	155,053	155,053

		TOTAL RDTE, SPACE FORCE	15,819,372	15,806,227

		RESEARCH, DEVELOPMENT, TEST & EVAL, DW
		BASIC RESEARCH
001	0601000BR	DTRA BASIC RESEARCH	11,584	11,584
002	0601101E	DEFENSE RESEARCH SCIENCES	401,870	495,444
		AI for supply chain		[4,100]
		Math and Computer Science		[5,000]
		Program increase		[84,474]
003	0601108D8Z	HIGH ENERGY LASER RESEARCH INITIATIVES	16,257	16,257
004	0601110D8Z	BASIC RESEARCH INITIATIVES	62,386	184,686
		CPF—FIU/SOUTHCOM Security Research Hub / Enhanced Domain Awareness (EDA) Initiative		[1,300]
		CPF—HBCU Training for the Future of Aerospace		[1,000]
		Future G		[100,000]
		MINERVA		[20,000]
005	0601117E	BASIC OPERATIONAL MEDICAL RESEARCH SCIENCE	80,874	80,874
006	0601120D8Z	NATIONAL DEFENSE EDUCATION PROGRAM	132,347	168,347
		Community colleges		[5,000]
		CPF—Florida Memorial Avionics Smart Scholars		[1,000]
		SMART		[30,000]
007	0601228D8Z	HISTORICALLY BLACK COLLEGES AND UNIVERSITIES/MINORITY INSTITUTIONS	33,288	111,711
		CPF—Augmenting Quantum Sensing Research, Education and Training in DoD CoE at DSU		[1,111]
		CPF—Florida Memorial University Department of Natural Sciences STEM Equipment		[600]
		Program increase		[76,712]
008	0601384BP	CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM	34,734	34,734
		SUBTOTAL BASIC RESEARCH	773,340	1,103,637

		APPLIED RESEARCH
010	0602000D8Z	JOINT MUNITIONS TECHNOLOGY	18,961	18,961
011	0602115E	BIOMEDICAL TECHNOLOGY	106,958	114,658
		Next-Generation Combat Casualty Care		[7,700]
012	0602128D8Z	PROMOTION AND PROTECTION STRATEGIES	3,275	3,275
014	0602230D8Z	DEFENSE TECHNOLOGY INNOVATION	20,634	20,634
015	0602234D8Z	LINCOLN LABORATORY RESEARCH PROGRAM	46,159	46,159
016	0602251D8Z	APPLIED RESEARCH FOR THE ADVANCEMENT OF S&T PRIORITIES	67,666	67,666
017	0602303E	INFORMATION & COMMUNICATIONS TECHNOLOGY	388,270	418,270
		Artificial Intelligence and Human-Machine Symbiosis		[5,000]
		Cyber security		[5,000]
		Underexplored Systems for Utility-Scale Quantum Computing		[20,000]
018	0602383E	BIOLOGICAL WARFARE DEFENSE	23,059	23,059
019	0602384BP	CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM	256,197	334,697
		Program increase		[78,500]
020	0602668D8Z	CYBER SECURITY RESEARCH	17,264	17,264
021	0602675D8Z	SOCIAL SCIENCES FOR ENVIRONMENTAL SECURITY	4,000	4,000
022	0602702E	TACTICAL TECHNOLOGY	221,883	261,883
		Information Analytics Technology		[5,000]
		MAD-FIRES		[35,000]
023	0602715E	MATERIALS AND BIOLOGICAL TECHNOLOGY	352,976	355,276
		Expanding Human Resiliency		[2,300]
024	0602716E	ELECTRONICS TECHNOLOGY	557,745	557,745
025	0602718BR	COUNTER WEAPONS OF MASS DESTRUCTION APPLIED RESEARCH	192,162	192,162
026	0602751D8Z	SOFTWARE ENGINEERING INSTITUTE (SEI) APPLIED RESEARCH	11,030	11,030
027	0602890D8Z	HIGH ENERGY LASER RESEARCH	48,587	68,587
		Program increase		[20,000]
028	1160401BB	SOF TECHNOLOGY DEVELOPMENT	49,174	49,174
		SUBTOTAL APPLIED RESEARCH	2,386,000	2,564,500

		ADVANCED TECHNOLOGY DEVELOPMENT
029	0603000D8Z	JOINT MUNITIONS ADVANCED TECHNOLOGY	34,065	84,065
		Munitions technology development		[50,000]
030	0603121D8Z	SO/LIC ADVANCED DEVELOPMENT	4,919	4,919
031	0603122D8Z	COMBATING TERRORISM TECHNOLOGY SUPPORT	72,614	92,614
		United States-Israel Cooperation to Counter Unmanned Aerial Systems		[15,000]
		VTOL Loitering Munition (ROC-X)		[5,000]
032	0603133D8Z	FOREIGN COMPARATIVE TESTING	26,802	26,802
034	0603160BR	COUNTER WEAPONS OF MASS DESTRUCTION ADVANCED TECHNOLOGY DEVELOPMENT	395,721	395,721
035	0603176BR	ADVANCED CONCEPTS AND PERFORMANCE ASSESSMENT	6,505	6,505
036	0603176C	ADVANCED CONCEPTS AND PERFORMANCE ASSESSMENT	16,737	31,737
		IAMD/OSG AIS F–35 Event Preparation		[10,000]
		Kill Chain Performance Assessment Capability		[5,000]
037	0603180C	ADVANCED RESEARCH	22,023	50,023
		Benzoxazine High-Mach System Thermal Protection		[4,000]
		High Temperature Nickel Based Alloy research		[4,000]
		Sounding Rocket Testbed Technology Maturation Tests		[20,000]
038	0603183D8Z	JOINT HYPERSONIC TECHNOLOGY DEVELOPMENT &TRANSITION	52,156	72,156
		Accelerate co-development of key partner programs		[20,000]
039	0603225D8Z	JOINT DOD-DOE MUNITIONS TECHNOLOGY DEVELOPMENT	18,898	18,898
040	0603286E	ADVANCED AEROSPACE SYSTEMS	253,135	410,435
		GlideBreaker		[20,000]
		MoHAWC		[60,000]
		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 CONCEPTS	53,890	68,890
		Emerging opportunities		[15,000]
046	0603338D8Z	DEFENSE MODERNIZATION AND PROTOTYPING	141,561	176,561
		Program increase		[35,000]
047	0603342D8Z	DEFENSE INNOVATION UNIT (DIU)	42,925	106,002
		AI for small unit maneuver		[2,500]
		Hybrid space architecture		[5,577]
		Joint programs		[10,000]
		National Security Innovation Capital		[15,000]
		Program increase		[25,000]
		Small craft electric propulsion		[5,000]
048	0603375D8Z	TECHNOLOGY INNOVATION	109,535	469,535
		Accelerating quantum applications		[200,000]
		AHI		[30,000]
		Domestic Supply Chain for Microelectronics Critical Element Production		[100,000]
		Future G Open Edge Computing Challenge		[30,000]
049	0603384BP	CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—ADVANCED DEVELOPMENT	238,407	253,407
		Biological Defense Vaccines and Advanced Therapeutics		[15,000]
050	0603527D8Z	RETRACT LARCH	79,493	79,493
051	0603618D8Z	JOINT ELECTRONIC ADVANCED TECHNOLOGY	19,218	19,218
052	0603648D8Z	JOINT CAPABILITY TECHNOLOGY DEMONSTRATIONS	114,100	114,100
053	0603662D8Z	NETWORKED COMMUNICATIONS CAPABILITIES	3,168	3,168
054	0603680D8Z	DEFENSE-WIDE MANUFACTURING SCIENCE AND TECHNOLOGY PROGRAM	256,142	1,268,142
		Advanced textiles		[10,000]
		Biotechnology Manufacturing Institutes		[500,000]
		CPF—Future Nano and Micro-Fabrication - Advanced Materials Engineering Research Institute		[4,000]
		CPF—Manufacturing of Advanced Composites for Hypersonics – Aided by Digital Engineering		[4,000]
		CPF—Scalable comprehensive workforce readiness initiatives in bioindustrial manufacturing that lead to regional bioeconomic transformation and growth		[4,000]
		HPC-enabled advanced manufacturing		[30,000]
		Increase Production Capacity for Hypersonics		[25,000]
		Munitions technology development		[50,000]
		Munitions technology development (Acquisition & Sustainment)		[200,000]
		Munitions technology development (Research & Engineering)		[100,000]
		New bioproducts		[10,000]
		Silicon carbide matrix materials for hypersonics		[50,000]
		Silicon-based lasers		[10,000]
		Tools and methods to improve biomanufacturing		[15,000]
055	0603680S	MANUFACTURING TECHNOLOGY PROGRAM	46,166	51,166
		AI-based market research		[5,000]
056	0603712S	GENERIC LOGISTICS R&D TECHNOLOGY DEMONSTRATIONS	13,663	13,663
057	0603716D8Z	STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM	58,411	63,411
		SERDP- PFAS remediation technologies		[5,000]
058	0603720S	MICROELECTRONICS TECHNOLOGY DEVELOPMENT AND SUPPORT	139,833	139,833
059	0603727D8Z	JOINT WARFIGHTING PROGRAM	2,411	2,411
060	0603739E	ADVANCED ELECTRONICS TECHNOLOGIES	250,917	260,917
		Low SWAP INU development		[10,000]
061	0603760E	COMMAND, CONTROL AND COMMUNICATIONS SYSTEMS	305,050	315,050
		Composable Logistics and Information Omniscience		[10,000]
062	0603766E	NETWORK-CENTRIC WARFARE TECHNOLOGY	678,562	758,562
		ABII		[50,000]
		Classified Program		[15,000]
		Ocean of Things Phase 3		[15,000]
063	0603767E	SENSOR TECHNOLOGY	314,502	314,502
064	0603769D8Z	DISTRIBUTED LEARNING ADVANCED TECHNOLOGY DEVELOPMENT	201	201
065	0603781D8Z	SOFTWARE ENGINEERING INSTITUTE	13,417	13,417
066	0603924D8Z	HIGH ENERGY LASER ADVANCED TECHNOLOGY PROGRAM	111,149	166,149
		Program increase		[30,000]
		Short pulse laser research		[25,000]
067	0603941D8Z	TEST & EVALUATION SCIENCE & TECHNOLOGY	315,090	350,090
		Program increase		[35,000]
068	0603950D8Z	NATIONAL SECURITY INNOVATION NETWORK	22,028	74,028
		High energy laser power beaming		[7,000]
		Mission acceleration centers		[20,000]
		Program increase		[15,000]
		TRISO advanced nuclear fuel		[10,000]
069	0604055D8Z	OPERATIONAL ENERGY CAPABILITY IMPROVEMENT	180,170	195,170
		Operational Energy Capability Improvement		[15,000]
072	1160402BB	SOF ADVANCED TECHNOLOGY DEVELOPMENT	118,877	125,877
		Next Generation ISR SOF Enhancement/ Technical Support Systems		[7,000]
		SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT	4,638,401	6,702,778

		ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES
074	0603161D8Z	NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E ADC&P	41,507	41,507
075	0603600D8Z	WALKOFF	133,795	133,795
076	0603851D8Z	ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION PROGRAM	84,638	95,638
		ESTCP—3D printed infrastructure		[5,000]
		ESTCP—PFAS Disposal		[5,000]
		ESTCP—PFAS free fire fighting turnout gear		[1,000]
077	0603881C	BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT	190,216	190,216
078	0603882C	BALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE SEGMENT	667,524	667,524
079	0603884BP	CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—DEM/VAL	291,364	291,364
080	0603884C	BALLISTIC MISSILE DEFENSE SENSORS	231,134	242,334
		BMDS Radars Modeling and Simulation		[4,200]
		HEMP Hardening		[7,000]
081	0603890C	BMD ENABLING PROGRAMS	591,847	717,847
		Digital Engineering to Support NGI Transition		[17,000]
		Elevated Fire control Sensor		[27,000]
		Kill Chain Demonstration		[51,000]
		NGI Modeling and Threat Scenarios		[21,000]
		Support Equipment for FTX–26 and NGI Testing		[10,000]
082	0603891C	SPECIAL PROGRAMS—MDA	316,977	387,977
		Classified program increase—UPL		[71,000]
083	0603892C	AEGIS BMD	600,072	600,072
084	0603896C	BALLISTIC MISSILE DEFENSE COMMAND AND CONTROL, BATTLE MANAGEMENT AND COMMUNICATI	589,374	648,624
		Classified program increase—UPL		[50,000]
		Network Refresh		[6,500]
		SATCOM Link Security—PAAWNS TRANSEC Module		[2,750]
085	0603898C	BALLISTIC MISSILE DEFENSE JOINT WARFIGHTER SUPPORT	50,269	50,269
086	0603904C	MISSILE DEFENSE INTEGRATION & OPERATIONS CENTER (MDIOC)	49,367	49,367
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	729,513
		Advanced Reactive Target Simulation Development		[20,000]
		Hypersonic Maneuvering Extended Range (HMER) Target System		[150,000]
092	0603923D8Z	COALITION WARFARE	11,154	11,154
093	0604011D8Z	NEXT GENERATION INFORMATION COMMUNICATIONS TECHNOLOGY (5G)	249,591	284,591
		Next Generation Information (5G)		[35,000]
094	0604016D8Z	DEPARTMENT OF DEFENSE CORROSION PROGRAM	3,166	3,166
095	0604102C	GUAM DEFENSE DEVELOPMENT	397,936	397,936
096	0604115C	TECHNOLOGY MATURATION INITIATIVES		35,000
		Continue Diode Pumped Alkali Laser Development		[25,000]
		Program increase		[10,000]
097	0604124D8Z	CHIEF DIGITAL AND ARTIFICIAL INTELLIGENCE OFFICER (CDAO)—MIP	33,950	33,950
099	0604181C	HYPERSONIC DEFENSE	225,477	542,977
		Accelerate Glide Phase Interceptor program		[292,500]
		Disruptive Technologies		[25,000]
100	0604250D8Z	ADVANCED INNOVATIVE TECHNOLOGIES	1,145,358	1,274,858
		Powered Quickstrike Mines (Sea Urchin)		[30,000]
		Program increase		[80,000]
		Service Tactical SIGINT Upgrades—INDOPACOM UPL		[9,500]
		Short Pulse Laser Directed Energy Demonstration		[10,000]
101	0604294D8Z	TRUSTED & ASSURED MICROELECTRONICS	647,226	652,226
		Trusted & Assured Microelectronics		[5,000]
102	0604331D8Z	RAPID PROTOTYPING PROGRAM	179,189	204,189
		Energetics		[5,000]
		Program increase		[20,000]
103	0604341D8Z	DEFENSE INNOVATION UNIT (DIU) PROTOTYPING	24,402	37,402
		AI/ML-enabled OSINT for information effects		[4,000]
		Assured Defense Avionics		[5,000]
		Information environment		[4,000]
104	0604400D8Z	DEPARTMENT OF DEFENSE (DOD) UNMANNED SYSTEM COMMON DEVELOPMENT	2,691	2,691
105	0604551BR	CATAPULT	7,130	27,130
		Radiation-Hardened Fully-Depleted Silicon-on-Insulator Microelectronics		[20,000]
106	0604555D8Z	OPERATIONAL ENERGY CAPABILITY IMPROVEMENT—NON S&T	45,779	50,779
		Operational Energy Capability Improvement- Prototyping		[5,000]
108	0604682D8Z	WARGAMING AND SUPPORT FOR STRATEGIC ANALYSIS (SSA)	3,229	3,229
109	0604826J	JOINT C5 CAPABILITY DEVELOPMENT, INTEGRATION AND INTEROPERABILITY ASSESSMENTS	40,699	40,699
110	0604873C	LONG RANGE DISCRIMINATION RADAR (LRDR)	75,120	75,120
111	0604874C	IMPROVED HOMELAND DEFENSE INTERCEPTORS	1,833,357	1,833,357
112	0604876C	BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT TEST	69,762	69,762
113	0604878C	AEGIS BMD TEST	182,776	192,776
		Continued participation in ASD–23		[10,000]
114	0604879C	BALLISTIC MISSILE DEFENSE SENSOR TEST	88,326	88,326
115	0604880C	LAND-BASED SM–3 (LBSM3)	27,678	27,678
116	0604887C	BALLISTIC MISSILE DEFENSE MIDCOURSE SEGMENT TEST	84,075	84,075
117	0202057C	SAFETY PROGRAM MANAGEMENT	2,417	2,417
118	0300206R	ENTERPRISE INFORMATION TECHNOLOGY SYSTEMS	2,664	2,664
120	0305103C	CYBER SECURITY INITIATIVE	1,165	33,165
		Mobile nuclear microreactors		[12,000]
		Program increase		[20,000]
123	1206895C	BALLISTIC MISSILE DEFENSE SYSTEM SPACE PROGRAMS	129,957	305,957
		HBTSS Payload Continued Development beyond Phase IIb		[166,000]
		MDSEA DEVSECOPS		[10,000]
		SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES	10,756,509	12,007,959

		SYSTEM DEVELOPMENT & DEMONSTRATION
124	0604123D8Z	CHIEF DIGITAL AND ARTIFICIAL INTELLIGENCE OFFICER (CDAO)—DEM/VAL ACTIVITIES	273,340	368,340
		CDAO		[50,000]
		Software integration		[45,000]
125	0604161D8Z	NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E SDD	6,482	6,482
127	0604384BP	CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—EMD	312,148	312,148
128	0604771D8Z	JOINT TACTICAL INFORMATION DISTRIBUTION SYSTEM (JTIDS)	9,120	9,120
129	0605000BR	COUNTER WEAPONS OF MASS DESTRUCTION SYSTEMS DEVELOPMENT	14,403	14,403
130	0605013BL	INFORMATION TECHNOLOGY DEVELOPMENT	1,244	1,244
131	0605021SE	HOMELAND PERSONNEL SECURITY INITIATIVE	6,191	6,191
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)—FINANCIAL SYSTEM	23,171	23,171
137	0605141BR	MISSION ASSURANCE RISK MANAGEMENT SYSTEM (MARMS)	14,093	14,093
138	0605210D8Z	DEFENSE-WIDE ELECTRONIC PROCUREMENT CAPABILITIES	6,949	6,949
139	0605294D8Z	TRUSTED & ASSURED MICROELECTRONICS	302,963	302,963
140	0605772D8Z	NUCLEAR COMMAND, CONTROL, & COMMUNICATIONS	3,758	3,758
141	0305304D8Z	DOD ENTERPRISE ENERGY INFORMATION MANAGEMENT (EEIM)	8,121	8,121
142	0305310D8Z	CWMD SYSTEMS: SYSTEM DEVELOPMENT AND DEMONSTRATION	16,048	16,048
		SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION	1,014,114	1,109,114

		MANAGEMENT SUPPORT
143	0603829J	JOINT CAPABILITY EXPERIMENTATION	12,452	12,452
144	0604774D8Z	DEFENSE READINESS REPORTING SYSTEM (DRRS)	8,902	8,902
145	0604875D8Z	JOINT SYSTEMS ARCHITECTURE DEVELOPMENT	6,610	6,610
146	0604940D8Z	CENTRAL TEST AND EVALUATION INVESTMENT DEVELOPMENT (CTEIP)	819,358	1,094,358
		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 CAPABILITY (JMETC)	126,079	151,079
		Joint Mission Environment		[25,000]
150	0605126J	JOINT INTEGRATED AIR AND MISSILE DEFENSE ORGANIZATION (JIAMDO)	53,278	53,278
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 INFORMATION INTEGRATION	9,449	9,449
156	0605200D8Z	GENERAL SUPPORT TO OUSD(INTELLIGENCE AND SECURITY)	6,112	6,112
157	0605384BP	CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM	124,475	124,475
158	0605502BP	SMALL BUSINESS INNOVATIVE RESEARCH—CHEMICAL BIOLOGICAL DEF		5,100
		Operational Rapid Multi-Pathogen Diagnostic Tool		[5,100]
165	0605790D8Z	SMALL BUSINESS INNOVATION RESEARCH (SBIR)/ SMALL BUSINESS TECHNOLOGY TRANSFER	3,820	6,820
		Small Business Tech Transfer		[3,000]
166	0605797D8Z	MAINTAINING TECHNOLOGY ADVANTAGE	35,414	35,414
167	0605798D8Z	DEFENSE TECHNOLOGY ANALYSIS	56,114	56,114
168	0605801KA	DEFENSE TECHNICAL INFORMATION CENTER (DTIC)	63,184	63,184
169	0605803SE	R&D IN SUPPORT OF DOD ENLISTMENT, TESTING AND EVALUATION	23,757	23,757
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 INFORMATION CENTER (DTIC)	3,518	3,518
173	0606100D8Z	BUDGET AND PROGRAM ASSESSMENTS	15,244	15,244
174	0606114D8Z	ANALYSIS WORKING GROUP (AWG) SUPPORT	4,700	4,700
175	0606135D8Z	CHIEF DIGITAL AND ARTIFICIAL INTELLIGENCE OFFICER (CDAO) ACTIVITIES	13,132	13,132
176	0606225D8Z	ODNA TECHNOLOGY AND RESOURCE ANALYSIS	3,323	3,323
177	0606300D8Z	DEFENSE SCIENCE BOARD	2,532	2,532
179	0606771D8Z	CYBER RESILIENCY AND CYBERSECURITY POLICY	32,306	32,306
180	0606853BR	MANAGEMENT, TECHNICAL & INTERNATIONAL SUPPORT	12,354	22,354
		Joint Programs		[10,000]
181	0203345D8Z	DEFENSE OPERATIONS SECURITY INITIATIVE (DOSI)	3,034	3,034
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 SYSTEMS	3,072	3,072
192	0804768J	COCOM EXERCISE ENGAGEMENT AND TRAINING TRANSFORMATION (CE2T2)—NON-MHA	37,852	37,852
193	0808709SE	DEFENSE EQUAL OPPORTUNITY MANAGEMENT INSTITUTE (DEOMI)	716	716
194	0901598C	MANAGEMENT HQ—MDA	25,259	25,259
195	0903235K	JOINT SERVICE PROVIDER (JSP)	3,141	3,141
195A	9999999999	CLASSIFIED PROGRAMS	37,841	37,841
		SUBTOTAL MANAGEMENT SUPPORT	1,830,097	2,148,197

		OPERATIONAL SYSTEMS DEVELOPMENT
200	0607210D8Z	INDUSTRIAL BASE ANALYSIS AND SUSTAINMENT SUPPORT	588,094	649,903
		Advanced machining		[20,000]
		Carbon/carbon industrial base enhancement		[10,000]
		CPF—Critical Non-Destructive Inspection and Training for Key U.S. National Defense Interests through College of the Canyons Advanced Technology Center		[2,000]
		CPF—Partnerships for Manufacturing Training Innovation		[4,000]
		Integrated circuit substrates		[3,000]
		Precision optics manufacturing		[14,809]
		RF microelectronics supply chain		[8,000]
201	0607310D8Z	CWMD SYSTEMS: OPERATIONAL SYSTEMS DEVELOPMENT	15,427	15,427
202	0607327T	GLOBAL THEATER SECURITY COOPERATION MANAGEMENT INFORMATION SYSTEMS (G-TSCMIS)	8,317	8,317
203	0607384BP	CHEMICAL AND BIOLOGICAL DEFENSE (OPERATIONAL SYSTEMS DEVELOPMENT)	68,030	68,030
204	0208043J	PLANNING AND DECISION AID SYSTEM (PDAS)		16,600
		2.5/3D heterogeneous		[16,600]
209	0302019K	DEFENSE INFO INFRASTRUCTURE ENGINEERING AND INTEGRATION	19,145	19,145
210	0303126K	LONG-HAUL COMMUNICATIONS—DCS	13,195	13,195
211	0303131K	MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN)	5,746	5,746
212	0303136G	KEY MANAGEMENT INFRASTRUCTURE (KMI)	92,018	92,018
213	0303140D8Z	INFORMATION SYSTEMS SECURITY PROGRAM	43,135	47,135
		ISSP, NWC and NPS		[4,000]
214	0303140G	INFORMATION SYSTEMS SECURITY PROGRAM	593,831	593,831
215	0303140K	INFORMATION SYSTEMS SECURITY PROGRAM	7,005	7,005
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 INFORMATION TECHNOLOGY	5,197	5,197
226	0305104D8Z	DEFENSE INDUSTRIAL BASE (DIB) CYBER SECURITY INITIATIVE	10,000	10,000
229	0305128V	SECURITY AND INVESTIGATIVE ACTIVITIES	450	450
230	0305133V	INDUSTRIAL SECURITY ACTIVITIES	1,800	1,800
233	0305146V	DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES	4,622	4,622
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 SYSTEMS	6,095	6,095
246	0305245D8Z	INTELLIGENCE CAPABILITIES AND INNOVATION INVESTMENTS	4,575	4,575
247	0305251K	CYBERSPACE OPERATIONS FORCES AND FORCE SUPPORT	2,497	2,497
248	0305327V	INSIDER THREAT	9,403	9,403
249	0305387D8Z	HOMELAND DEFENSE TECHNOLOGY TRANSFER PROGRAM	1,864	1,864
257	0708012K	LOGISTICS SUPPORT ACTIVITIES	1,620	1,620
258	0708012S	PACIFIC DISASTER CENTERS	1,875	1,875
259	0708047S	DEFENSE PROPERTY ACCOUNTABILITY SYSTEM	3,264	3,264
261	1105219BB	MQ–9 UAV	14,000	29,870
		MQ–9 Mallett reprogramming		[5,870]
		Speed Loader Agile POD		[10,000]
263	1160403BB	AVIATION SYSTEMS	179,499	179,499
264	1160405BB	INTELLIGENCE SYSTEMS DEVELOPMENT	75,136	85,136
		Intelligence Systems Development		[10,000]
265	1160408BB	OPERATIONAL ENHANCEMENTS	142,900	168,810
		Artificial intelligence for Small Unit Maneuver (AISUM)		[15,000]
		CPF—Intercept, Collect, Analyze, and Disrupt (ICAD) Application		[2,300]
		Precision Strike Munition Shipboard Safety & Certification Testing		[8,610]
266	1160431BB	WARRIOR SYSTEMS	129,133	155,860
		Counter Unmanned Systems (CUxS) Procurement Acceleration		[5,400]
		Ground Organic Precision Strike Systems (GOPSS) Loitering Munitions		[9,930]
		Identity and Signature Management Modernization		[9,000]
		Maritime Scalable Effects (MSE) Electronic Warfare System Acceleration		[2,397]
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 Acceleration		[30,000]
272	1160490BB	OPERATIONAL ENHANCEMENTS INTELLIGENCE	7,583	8,528
		Low Visibility Vanishing Technology (LVVT)		[945]
273	1203610K	TELEPORT PROGRAM	1,270	1,270
273A	9999999999	CLASSIFIED PROGRAMS	7,854,604	7,878,304
		JWICS modernization		[1,500]
		MARS Advanced Capabilities		[22,200]
		SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT	10,114,680	10,330,241

		SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS
274	0608197V	NATIONAL BACKGROUND INVESTIGATION SERVICES—SOFTWARE PILOT PROGRAM	132,524	132,524
275	0608648D8Z	ACQUISITION VISIBILITY—SOFTWARE PILOT PROGRAM	17,123	17,123
276	0608775D8Z	ACCELERATE THE PROCUREMENT AND FIELDING OF INNOVATIVE TECHNOLOGIES (APFIT)	100,000	0
		OSD requested transfer to new PE		[–100,000]
276A	0604795D8Z	ACCELERATE THE PROCUREMENT AND FIELDING OF INNOVATIVE TECHNOLOGIES (APFIT)		100,000
		OSD requested transfer from erroneous PE		[100,000]
277	0303150K	GLOBAL COMMAND AND CONTROL SYSTEM	34,987	34,987
282	0308609V	NATIONAL INDUSTRIAL SECURITY SYSTEMS (NISS)—SOFTWARE PILOT PROGRAM	14,749	14,749
282A	9999999999	CLASSIFIED PROGRAMS	265,028	265,028
		SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS	564,411	564,411

		TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, DW	32,077,552	36,530,837

		MISSION-BASED RAPID ACQUISITION ACCOUNT
001	9999999999	MISSION-BASED RAPID ACQUISITION		30,000
		Mission-Based Rapid Acquisition		[30,000]
		SUBTOTAL MISSION-BASED RAPID ACQUISITION		30,000

		TOTAL MISSION-BASED RAPID ACQUISITION ACCOUNT		30,000

		OPERATIONAL TEST & EVAL, DEFENSE
		MANAGEMENT SUPPORT
001	0605118OTE	OPERATIONAL TEST AND EVALUATION	119,529	119,529
002	0605131OTE	LIVE FIRE TEST AND EVALUATION	99,947	99,947
003	0605814OTE	OPERATIONAL TEST ACTIVITIES AND ANALYSES	57,718	57,718
		SUBTOTAL MANAGEMENT SUPPORT	277,194	277,194

		TOTAL OPERATIONAL TEST & EVAL, DEFENSE	277,194	277,194

		TOTAL RDT&E	130,097,410	138,641,449

SEC. 4301. Operation and maintenance.

SEC. 4301. OPERATION AND MAINTENANCE(In Thousands of Dollars)
Line	Item	FY 2023 Request	House Authorized
	OPERATION & MAINTENANCE, ARMY
	OPERATING FORCES
010	MANEUVER UNITS	4,506,811	4,356,811
	Program decrease		[–150,000]
020	MODULAR SUPPORT BRIGADES	177,136	177,136
030	ECHELONS ABOVE BRIGADE	894,629	894,629
040	THEATER LEVEL ASSETS	2,570,949	2,450,949
	Program decrease		[–120,000]
050	LAND FORCES OPERATIONS SUPPORT	1,184,230	1,144,230
	Program decrease		[–40,000]
060	AVIATION ASSETS	2,220,817	2,220,817
070	FORCE READINESS OPERATIONS SUPPORT	7,366,299	7,616,738
	Advanced Bomb Suit II		[12,940]
	Arctic OCIE for Alaska bases, Fort Drum and Fort Carson		[65,050]
	Extended Cold Weather Clothing System (ECWCS) Layer 1 & 2 for Initial Entry Training Soldiers.		[8,999]
	Female/Small Stature Body Armor		[66,750]
	Operation Pathways (OP)		[100,000]
	Program decrease		[–60,000]
	Service Tactical SIGINT Upgrades—INDOPACOM UPL		[3,400]
	Theater Intelligence (ISR-PED)		[53,300]
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	9,276,325
	Base Operating Support for AFFF Replacement, mobile assets and Disposal		[6,000]
	Program decrease		[–60,000]
120	FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION	4,666,658	5,192,598
	FSRM—AFFF Replacement Facilities		[65,000]
	OIB Projects		[100,000]
	Program increase		[360,940]
130	MANAGEMENT AND OPERATIONAL HEADQUARTERS	284,483	254,483
	Program decrease		[–30,000]
140	ADDITIONAL ACTIVITIES	450,348	420,348
	Program decrease		[–30,000]
160	RESET	383,360	383,360
170	US AFRICA COMMAND	385,685	543,835
	Commercial Satellite Communications (COMSATCOM)		[16,750]
	Counter UAS—AFRICOM HQ		[8,100]
	Counter Unmanned Aircraft Systems—AFRICOM UPL		[8,500]
	Force Protection Systems—AFRICOM HQ		[8,100]
	High Risk ISR—Processing, Exploitation and Dissemination (PED)		[4,600]
	High Risk ISR—Security Programs - Aircraft Contract		[110,000]
	High Risk ISR—Security Programs - SATCOM Support		[2,100]
180	US EUROPEAN COMMAND	359,602	359,602
190	US SOUTHERN COMMAND	204,336	204,336
200	US FORCES KOREA	67,756	67,756
210	CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS	495,066	495,066
220	CYBERSPACE ACTIVITIES—CYBERSECURITY	673,701	683,701
	Certified remote access to enterprise applications		[10,000]
230	JOINT CYBER MISSION FORCES	178,033	178,033
	SUBTOTAL OPERATING FORCES	39,180,602	39,701,131

	MOBILIZATION
240	STRATEGIC MOBILITY	434,423	498,423
	INDOPACOM Theater Campaigning		[104,000]
	Program decrease		[–40,000]
250	ARMY PREPOSITIONED STOCKS	378,494	392,638
	APS 3/4		[14,144]
260	INDUSTRIAL PREPAREDNESS	4,001	4,001
	SUBTOTAL MOBILIZATION	816,918	895,062

	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 TRAINING CORPS	554,992	554,992
310	SPECIALIZED SKILL TRAINING	1,115,045	1,115,045
320	FLIGHT TRAINING	1,396,392	1,396,392
330	PROFESSIONAL DEVELOPMENT EDUCATION	221,960	221,960
340	TRAINING SUPPORT	717,318	717,318
350	RECRUITING AND ADVERTISING	691,053	691,053
360	EXAMINING	192,832	192,832
370	OFF-DUTY AND VOLUNTARY EDUCATION	235,340	235,340
380	CIVILIAN EDUCATION AND TRAINING	251,378	251,378
390	JUNIOR RESERVE OFFICER TRAINING CORPS	196,088	196,088
	SUBTOTAL TRAINING AND RECRUITING	5,952,780	5,952,780

	ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
410	SERVICEWIDE TRANSPORTATION	662,083	622,083
	Program decrease		[–40,000]
420	CENTRAL SUPPLY ACTIVITIES	822,018	812,018
	Program decrease		[–10,000]
430	LOGISTIC SUPPORT ACTIVITIES	806,861	776,861
	Program decrease		[–30,000]
440	AMMUNITION MANAGEMENT	483,187	483,187
450	ADMINISTRATION	486,154	436,154
	Program decrease		[–50,000]
460	SERVICEWIDE COMMUNICATIONS	1,871,173	1,831,173
	Army Enterprise Service Management Program		[20,000]
	Program decrease		[–60,000]
470	MANPOWER MANAGEMENT	344,668	344,668
480	OTHER PERSONNEL SUPPORT	811,999	791,999
	Program decrease		[–20,000]
490	OTHER SERVICE SUPPORT	2,267,280	2,272,280
	Advanced planning for infrastructure to support presence on NATO's Eastern Flank		[35,000]
	Program decrease		[–30,000]
500	ARMY CLAIMS ACTIVITIES	191,912	191,912
510	REAL ESTATE MANAGEMENT	288,942	288,942
520	FINANCIAL MANAGEMENT AND AUDIT READINESS	410,983	410,983
530	DEF ACQUISITION WORKFORCE DEVELOPMENT ACCOUNT	38,714	38,714
540	INTERNATIONAL MILITARY HEADQUARTERS	532,377	532,377
550	MISC. SUPPORT OF OTHER NATIONS	35,709	35,709
590A	CLASSIFIED PROGRAMS	2,113,196	2,138,296
	High Altitude Balloon		[10,200]
	Hyperspectral Imagery (HSI) Sensor		[14,900]
	Program decrease		[–32,000]
	Program increase		[32,000]
	SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES	12,167,256	12,007,356

	TOTAL OPERATION & MAINTENANCE, ARMY	58,117,556	58,556,329

	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 SUPPORT	409,994	409,994
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, RESTORATION & MODERNIZATION	358,772	390,192
	Program increase		[31,420]
110	MANAGEMENT AND OPERATIONAL HEADQUARTERS	22,112	22,112
120	CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS	2,929	2,929
130	CYBERSPACE ACTIVITIES—CYBERSECURITY	7,382	7,382
	SUBTOTAL OPERATING FORCES	3,089,090	3,120,510

	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 AND SERVICE-WIDE ACTIVITIES	139,414	139,414

	TOTAL OPERATION & MAINTENANCE, ARMY RES	3,228,504	3,259,924

	OPERATION & MAINTENANCE, ARNG
	OPERATING FORCES
010	MANEUVER UNITS	964,237	987,237
	Northern Strike		[23,000]
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	1,169,826
070	FORCE READINESS OPERATIONS SUPPORT	722,788	722,788
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, RESTORATION & MODERNIZATION	1,053,996	1,141,385
	Program increase		[87,389]
120	MANAGEMENT AND OPERATIONAL HEADQUARTERS	1,148,286	1,148,286
130	CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS	8,715	8,715
140	CYBERSPACE ACTIVITIES—CYBERSECURITY	8,307	8,307
	SUBTOTAL OPERATING FORCES	7,720,437	7,830,826

	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 AND SERVICE-WIDE ACTIVITIES	436,800	442,600

	TOTAL OPERATION & MAINTENANCE, ARNG	8,157,237	8,273,426

	COUNTER ISIS TRAIN AND EQUIP FUND (CTEF)
	COUNTER ISIS TRAIN AND EQUIP FUND (CTEF)
010	IRAQ	358,015	358,015
020	SYRIA	183,677	183,677
	SUBTOTAL COUNTER ISIS TRAIN AND EQUIP FUND (CTEF)	541,692	541,692

	TOTAL COUNTER ISIS TRAIN AND EQUIP FUND (CTEF)	541,692	541,692

	OPERATION & MAINTENANCE, NAVY
	OPERATING FORCES
010	MISSION AND OTHER FLIGHT OPERATIONS	7,334,452	7,393,452
	Costs associated with restoring 5 LCS		[6,000]
	PDI training requirements		[57,000]
	Program decrease		[–4,000]
020	FLEET AIR TRAINING	2,793,739	2,793,739
030	AVIATION TECHNICAL DATA & ENGINEERING SERVICES	65,248	65,248
040	AIR OPERATIONS AND SAFETY SUPPORT	214,767	214,767
050	AIR SYSTEMS SUPPORT	1,075,365	1,075,365
060	AIRCRAFT DEPOT MAINTENANCE	1,751,737	1,859,137
	Aircraft Depot Maintenance Events (Multiple Type/Model/Series)		[107,100]
	Costs associated with restoring 5 LCS		[300]
070	AIRCRAFT DEPOT OPERATIONS SUPPORT	70,319	70,319
080	AVIATION LOGISTICS	1,679,193	1,604,193
	Historical underexecution		[–75,000]
090	MISSION AND OTHER SHIP OPERATIONS	6,454,952	6,524,952
	Costs associated with restoring 5 LCS		[10,400]
	Restore USS Ashland		[14,400]
	Restore USS Germantown		[14,400]
	Restore USS Gunston Hall		[15,400]
	Restore USS Tortuga		[15,400]
100	SHIP OPERATIONS SUPPORT & TRAINING	1,183,237	1,183,237
110	SHIP DEPOT MAINTENANCE	10,038,261	10,321,061
	Costs associated with restoring 5 LCS		[90,000]
	Public Shipyard Tools, Test Equipment, and Machinery		[127,000]
	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	2,841,595
	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]
	Ship Support—USFFC/CPF Berthing & Messing Shortfall		[23,100]
130	COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE	1,632,824	1,568,324
	Historical underexecution		[–65,000]
	Service Tactical SIGINT Upgrades—INDOPACOM UPL		[500]
140	SPACE SYSTEMS AND SURVEILLANCE	339,103	339,103
150	WARFARE TACTICS	881,999	881,999
160	OPERATIONAL METEOROLOGY AND OCEANOGRAPHY	444,150	444,150
170	COMBAT SUPPORT FORCES	2,274,710	2,302,810
	Expeditionary VLS Reload System—Navy UPL		[100]
	Historical underexecution		[–65,000]
	INDOPACOM Theater Campaigning		[100,000]
	Program decrease		[–7,000]
180	EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT	194,346	194,346
190	CYBER MISSION FORCES	101,049	101,049
200	COMBATANT COMMANDERS CORE OPERATIONS	65,893	76,193
	Asia Pacific Regional Initiative		[10,300]
210	COMBATANT COMMANDERS DIRECT MISSION SUPPORT	282,742	417,342
	Fusion Center		[3,300]
	INDOPACOM Critical Manpower Positions		[2,700]
	INDOPACOM Theater Campaigning		[50,000]
	Joint Electro-Magnetic Spectrum Office (JEMSO)		[5,400]
	Mission Partner Environment (MPE) Battlefield Information Collection & Exploitation System-Extended (BICES-X)		[5,300]
	MSV—Carolyn Chouest		[12,500]
	Pacific Movement Coordination Center (PMCC)		[2,400]
	Pacific Multi-Domain Training and Experimentation Capability (PMTEC)		[19,000]
	Program increase		[12,000]
	STORMBREAKER		[22,000]
230	CYBERSPACE ACTIVITIES	477,540	477,540
240	FLEET BALLISTIC MISSILE	1,664,076	1,724,076
	Historical underexecution		[–15,000]
	MQ–9B COCO		[75,000]
250	WEAPONS MAINTENANCE	1,495,783	1,505,983
	Costs associated with restoring 5 LCS		[7,200]
	Historical underexecution		[–20,000]
	SM–6 Expansion of Combat Usable Asset Inventory—Navy UPL		[23,000]
260	OTHER WEAPON SYSTEMS SUPPORT	649,371	634,371
	Historical underexecution		[–15,000]
270	ENTERPRISE INFORMATION	1,647,834	1,647,834
280	SUSTAINMENT, RESTORATION AND MODERNIZATION	3,549,311	3,974,311
	FSRM—AFFF Replacement Facilities		[34,000]
	FSRM—Red Hill		[100,000]
	Program increase		[291,000]
290	BASE OPERATING SUPPORT	5,503,088	5,501,088
	Base Operating Support for AFFF Replacement, mobile assets and Disposal		[18,000]
	Historical underexecution		[–20,000]
	SUBTOTAL OPERATING FORCES	56,287,184	57,737,584

	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	356,596
	Costs associated with restoring 5 LCS		[7,500]
	Historical underexecution		[–15,000]
330	EXPEDITIONARY HEALTH SERVICES SYSTEMS	133,780	133,780
340	COAST GUARD SUPPORT	21,196	21,196
	SUBTOTAL MOBILIZATION	1,670,652	1,721,752

	TRAINING AND RECRUITING
350	OFFICER ACQUISITION	190,578	190,578
360	RECRUIT TRAINING	14,679	14,679
370	RESERVE OFFICERS TRAINING CORPS	170,845	170,845
380	SPECIALIZED SKILL TRAINING	1,133,889	1,118,889
	Historical underexecution		[–15,000]
390	PROFESSIONAL DEVELOPMENT EDUCATION	334,844	339,144
	Navy O&M Training and Recruiting (Sea Cadets)		[4,300]
400	TRAINING SUPPORT	356,670	356,670
410	RECRUITING AND ADVERTISING	204,498	204,498
420	OFF-DUTY AND VOLUNTARY EDUCATION	89,971	89,971
430	CIVILIAN EDUCATION AND TRAINING	69,798	69,798
440	JUNIOR ROTC	55,194	55,194
	SUBTOTAL TRAINING AND RECRUITING	2,620,966	2,610,266

	ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
450	ADMINISTRATION	1,349,966	1,279,966
	Historical underexecution		[–60,000]
	Program decrease		[–10,000]
460	CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT	227,772	227,772
470	MILITARY MANPOWER AND PERSONNEL MANAGEMENT	667,627	667,627
480	MEDICAL ACTIVITIES	284,962	284,962
490	DEF ACQUISITION WORKFORCE DEVELOPMENT ACCOUNT	62,824	62,824
500	SERVICEWIDE TRANSPORTATION	207,501	207,501
520	PLANNING, ENGINEERING, AND PROGRAM SUPPORT	554,265	639,265
	Historical underexecution		[–15,000]
	Red Hill Fuel Distribution Advanced Planning, Engineering, Program Support		[100,000]
530	ACQUISITION, LOGISTICS, AND OVERSIGHT	798,473	783,473
	Historical underexecution		[–15,000]
540	INVESTIGATIVE AND SECURITY SERVICES	791,059	791,059
720A	CLASSIFIED PROGRAMS	628,700	629,900
	Navy SCI Communications Modernization (Maritime Surveillance Project)		[1,200]
	SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES	5,573,149	5,574,349

	TOTAL OPERATION & MAINTENANCE, NAVY	66,151,951	67,643,951

	OPERATION & MAINTENANCE, MARINE CORPS
	OPERATING FORCES
010	OPERATIONAL FORCES	1,740,491	1,818,491
	INDOPACOM Theater Campaigning		[78,000]
020	FIELD LOGISTICS	1,699,425	1,699,425
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 & MODERNIZATION	1,292,219	1,667,219
	Program increase		[375,000]
080	BASE OPERATING SUPPORT	2,699,487	2,680,487
	Historical underexecution		[–15,000]
	Program decrease		[–4,000]
	SUBTOTAL OPERATING FORCES	8,082,129	8,516,129

	TRAINING AND RECRUITING
090	RECRUIT TRAINING	23,217	23,217
100	OFFICER ACQUISITION	1,268	1,268
110	SPECIALIZED SKILL TRAINING	118,638	118,638
120	PROFESSIONAL DEVELOPMENT EDUCATION	64,626	64,626
130	TRAINING SUPPORT	523,603	523,603
140	RECRUITING AND ADVERTISING	225,759	225,759
150	OFF-DUTY AND VOLUNTARY EDUCATION	51,882	51,882
160	JUNIOR ROTC	27,660	27,660
	SUBTOTAL TRAINING AND RECRUITING	1,036,653	1,036,653

	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 AND SERVICE-WIDE ACTIVITIES	542,162	542,162

	TOTAL OPERATION & MAINTENANCE, MARINE CORPS	9,660,944	10,094,944

	OPERATION & MAINTENANCE, NAVY RES
	OPERATING FORCES
010	MISSION AND OTHER FLIGHT OPERATIONS	669,533	671,993
	Costs associated with restoring HSC–85 aircraft squadron		[2,460]
020	INTERMEDIATE MAINTENANCE	11,134	11,134
030	AIRCRAFT DEPOT MAINTENANCE	164,892	164,892
040	AIRCRAFT DEPOT OPERATIONS SUPPORT	494	494
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 MODERNIZATION	44,784	73,784
	Program increase		[29,000]
110	BASE OPERATING SUPPORT	116,374	116,374
	SUBTOTAL OPERATING FORCES	1,211,771	1,243,231

	ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
120	ADMINISTRATION	1,986	1,986
130	MILITARY MANPOWER AND PERSONNEL MANAGEMENT	12,550	12,550
140	ACQUISITION AND PROGRAM MANAGEMENT	1,993	1,993
	SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES	16,529	16,529

	TOTAL OPERATION & MAINTENANCE, NAVY RES	1,228,300	1,259,760

	OPERATION & MAINTENANCE, MC RESERVE
	OPERATING FORCES
010	OPERATING FORCES	109,045	109,045
020	DEPOT MAINTENANCE	19,361	19,361
030	SUSTAINMENT, RESTORATION AND MODERNIZATION	45,430	48,811
	Program increase		[3,381]
040	BASE OPERATING SUPPORT	118,364	118,364
	SUBTOTAL OPERATING FORCES	292,200	295,581

	ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
050	ADMINISTRATION	12,033	12,033
	SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES	12,033	12,033

	TOTAL OPERATION & MAINTENANCE, MC RESERVE	304,233	307,614

	OPERATION & MAINTENANCE, AIR FORCE
	OPERATING FORCES
010	PRIMARY COMBAT FORCES	936,731	846,731
	Historical underexecution		[–150,000]
	Technical realignment		[60,000]
020	COMBAT ENHANCEMENT FORCES	2,657,865	2,587,865
	Program decrease		[–10,000]
	Technical realignment		[–60,000]
030	AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS)	1,467,518	1,477,518
	Contract Adversary Air		[10,000]
040	DEPOT PURCHASE EQUIPMENT MAINTENANCE	4,341,794	4,700,594
	Historical underexecution		[–20,000]
	Increase for Weapon System Sustainment		[378,800]
050	FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION	4,091,088	4,479,488
	FSRM—AFFF Replacement Facilities/ assets		[75,000]
	Historical underexecution		[–55,000]
	Program increase		[368,400]
060	CYBERSPACE SUSTAINMENT	130,754	140,754
	PACAF cyber operations for base resilient architecture		[10,000]
070	CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT	8,782,940	8,712,940
	Historical underexecution		[–70,000]
080	FLYING HOUR PROGRAM	5,871,718	5,882,618
	Blk 20 F–22		[10,900]
090	BASE SUPPORT	10,638,741	10,648,741
	Base Operating Support for AFFF Replacement, mobile assets, and Disposal		[10,000]
100	GLOBAL C3I AND EARLY WARNING	1,035,043	1,042,174
	Technical realignment		[7,131]
110	OTHER COMBAT OPS SPT PROGRAMS	1,436,329	1,350,129
	Engaging on Western Hemisphere Challenges and Interoperability with Partner Nations		[3,800]
	Historical underexecution		[–90,000]
120	CYBERSPACE ACTIVITIES	716,931	736,931
	Command and control of the information environment		[20,000]
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	580,107
	CMF Operational Support—CYBERCOM UPL		[148,300]
	Technical realignment		[–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	338,043
	National Space Defense Center Interim Facility		[8,500]
240	JOINT CYBER MISSION FORCE PROGRAMS	186,759	191,759
	Technical realignment		[5,000]
240A	CLASSIFIED PROGRAMS	1,705,801	1,705,801
	SUBTOTAL OPERATING FORCES	45,827,528	46,483,359

	MOBILIZATION
250	AIRLIFT OPERATIONS	2,780,616	2,885,316
	INDOPACOM Theater Campaigning		[104,700]
260	MOBILIZATION PREPAREDNESS	721,172	671,172
	Historical underexecution		[–50,000]
	SUBTOTAL MOBILIZATION	3,501,788	3,556,488

	TRAINING AND RECRUITING
270	OFFICER ACQUISITION	189,721	189,721
280	RECRUIT TRAINING	26,684	26,684
290	RESERVE OFFICERS TRAINING CORPS (ROTC)	135,515	135,515
300	SPECIALIZED SKILL TRAINING	541,511	541,511
310	FLIGHT TRAINING	779,625	866,777
	Airborne Warning and Control System (AWACS) training		[87,152]
320	PROFESSIONAL DEVELOPMENT EDUCATION	313,556	313,556
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 EDUCATION	254,907	254,907
370	CIVILIAN EDUCATION AND TRAINING	355,375	355,375
380	JUNIOR ROTC	69,964	69,964
	SUBTOTAL TRAINING AND RECRUITING	3,044,183	3,131,335

	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	1,195,915
	Program decrease		[–87,152]
420	SERVICEWIDE COMMUNICATIONS	33,222	33,222
430	OTHER SERVICEWIDE ACTIVITIES	1,790,985	1,810,985
	Advanced planning for infrastructure to support presence on NATO's Eastern Flank		[20,000]
440	CIVIL AIR PATROL	30,526	30,526
460	DEF ACQUISITION WORKFORCE DEVELOPMENT ACCOUNT	42,558	42,558
480	INTERNATIONAL SUPPORT	102,065	102,065
480A	CLASSIFIED PROGRAMS	1,427,764	1,427,764
	SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES	5,907,743	5,840,592

	TOTAL OPERATION & MAINTENANCE, AIR FORCE	58,281,242	59,011,773

	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	702,228
	Digital Mission Operations Platform for the Space Force		[7,000]
040	EDUCATION & TRAINING	153,135	153,135
060	DEPOT MAINTENANCE	285,863	285,863
070	FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION	235,253	260,653
	Program increase		[25,400]
080	CONTRACTOR LOGISTICS AND SYSTEM SUPPORT	1,358,565	1,328,565
	Program decrease		[–30,000]
090	SPACE OPERATIONS -BOS	144,937	144,937
090A	CLASSIFIED PROGRAMS	272,941	272,941
	SUBTOTAL OPERATING FORCES	3,806,238	3,808,638

	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 AND SERVICE-WIDE ACTIVITIES	228,420	228,420

	TOTAL OPERATION & MAINTENANCE, SPACE FORCE	4,034,658	4,037,058

	OPERATION & MAINTENANCE, AF RESERVE
	OPERATING FORCES
010	PRIMARY COMBAT FORCES	1,743,908	1,743,908
020	MISSION SUPPORT OPERATIONS	193,568	193,568
030	DEPOT PURCHASE EQUIPMENT MAINTENANCE	493,664	493,664
040	FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION	133,782	145,282
	Program increase		[11,500]
050	CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT	341,724	341,724
060	BASE SUPPORT	522,195	522,195
070	CYBERSPACE ACTIVITIES	1,706	1,706
	SUBTOTAL OPERATING FORCES	3,430,547	3,442,047

	ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
080	ADMINISTRATION	102,038	102,038
090	RECRUITING AND ADVERTISING	9,057	9,057
100	MILITARY MANPOWER AND PERS MGMT (ARPC)	14,896	14,896
110	OTHER PERS SUPPORT (DISABILITY COMP)	7,544	7,544
120	AUDIOVISUAL	462	462
	SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES	133,997	133,997

	TOTAL OPERATION & MAINTENANCE, AF RESERVE	3,564,544	3,576,044

	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 MAINTENANCE	1,193,699	1,193,699
040	FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION	437,042	474,142
	Program increase		[37,100]
050	CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT	1,284,264	1,284,264
060	BASE SUPPORT	967,169	967,169
070	CYBERSPACE SUSTAINMENT	12,661	80,161
	Information Technology and JWICS capacity		[67,500]
080	CYBERSPACE ACTIVITIES	15,886	15,886
	SUBTOTAL OPERATING FORCES	6,800,298	6,904,898

	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 AND SERVICE-WIDE ACTIVITIES	100,381	102,681

	TOTAL OPERATION & MAINTENANCE, ANG	6,900,679	7,007,579

	OPERATION AND MAINTENANCE, DEFENSE-WIDE
	OPERATING FORCES
010	JOINT CHIEFS OF STAFF	445,366	325,366
	Program decrease		[–120,000]
020	JOINT CHIEFS OF STAFF—CYBER	9,887	9,887
030	JOINT CHIEFS OF STAFF—JTEEP	679,336	479,336
	Program decrease		[–200,000]
040	OFFICE OF THE SECRETARY OF DEFENSE—MISO	246,259	273,759
	United States Indo-Pacific Command-MISO		[27,500]
050	SPECIAL OPERATIONS COMMAND COMBAT DEVELOPMENT ACTIVITIES	2,056,291	2,056,606
	Low Visibility Vanishing Technology (LVVT)		[315]
060	SPECIAL OPERATIONS COMMAND CYBERSPACE ACTIVITIES	39,178	39,178
070	SPECIAL OPERATIONS COMMAND INTELLIGENCE	1,513,025	1,534,325
	Counter Unmanned Systems (CUxS) Procurement Acceleration		[10,400]
	Identity and Signature Management Modernization		[10,900]
	Restore PB (U–28)		[3,000]
	U–28A		[–3,000]
080	SPECIAL OPERATIONS COMMAND MAINTENANCE	1,207,842	1,236,195
	Advanced Engine Performance and Restoration Program (Nucleated Foam)		[3,000]
	C–130J Power by the Hour (PBTH) CLS		[21,620]
	Combatant Craft Medium (CCM) Loss Refurbishment		[4,250]
	Counter Unmanned Systems (CUxS) Procurement Acceleration		[5,353]
	Maintenance		[–5,000]
	MQ–9 Mallett reprogramming		[–5,870]
	Program increase		[5,000]
090	SPECIAL OPERATIONS COMMAND MANAGEMENT/OPERATIONAL HEADQUARTERS	196,271	196,271
100	SPECIAL OPERATIONS COMMAND OPERATIONAL SUPPORT	1,299,309	1,340,409
	Advana Authoritative Data Management and Analytics		[8,000]
	ARSOF Information Advantage Acceleration		[11,500]
	Enterprise Data Stewardship Program		[18,000]
	Identity and Signature Management Modernization		[3,600]
	Operational Support		[–7,000]
	Program increase		[7,000]
110	SPECIAL OPERATIONS COMMAND THEATER FORCES	3,314,770	3,348,481
	Combat Aviation Advisor mission support		[18,000]
	Non-Traditional ISR		[10,000]
	Tactical Mission Network Digital Force Protection		[5,711]
	SUBTOTAL OPERATING FORCES	11,007,534	10,839,813

	TRAINING AND RECRUITING
120	DEFENSE ACQUISITION UNIVERSITY	176,454	176,454
130	JOINT CHIEFS OF STAFF	101,492	101,492
140	SPECIAL OPERATIONS COMMAND/PROFESSIONAL DEVELOPMENT EDUCATION	35,279	35,279
	SUBTOTAL TRAINING AND RECRUITING	313,225	313,225

	ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
150	CIVIL MILITARY PROGRAMS	139,656	273,156
	National Guard Youth Challenge		[83,500]
	STARBASE		[50,000]
170	DEFENSE CONTRACT AUDIT AGENCY	646,072	636,072
	Program decrease		[–10,000]
180	DEFENSE CONTRACT AUDIT AGENCY—CYBER	4,107	4,107
190	DEFENSE CONTRACT MANAGEMENT AGENCY	1,506,300	1,474,300
	Program decrease		[–32,000]
200	DEFENSE CONTRACT MANAGEMENT AGENCY—CYBER	29,127	24,127
	Early to need		[–5,000]
210	DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY	983,133	983,133
230	DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY—CYBER	10,245	10,245
240	DEFENSE HUMAN RESOURCES ACTIVITY	935,241	791,241
	National Language Fellowship Add		[6,000]
	Program decrease		[–150,000]
250	DEFENSE HUMAN RESOURCES ACTIVITY—CYBER	26,113	26,113
260	DEFENSE INFORMATION SYSTEMS AGENCY	2,266,729	2,266,729
270	DEFENSE INFORMATION SYSTEMS AGENCY—CYBER	643,643	663,643
	Internet Operations Management		[20,000]
300	DEFENSE LEGAL SERVICES AGENCY	233,687	223,687
	Program decrease		[–10,000]
310	DEFENSE LOGISTICS AGENCY	429,060	429,060
320	DEFENSE MEDIA ACTIVITY	243,631	198,631
	Program decrease		[–50,000]
	Web Enterprise Business		[5,000]
330	DEFENSE POW/MIA OFFICE	150,021	150,021
340	DEFENSE SECURITY COOPERATION AGENCY	2,445,669	2,282,669
	Baltic Security Initiative		[225,000]
	International Security Cooperation Programs		[100,000]
	Offset for Baltic Security Initiative		[–225,000]
	Program increase		[37,000]
	Transfer to Ukraine Security Assistance Initiative		[–300,000]
350	DEFENSE TECHNOLOGY SECURITY ADMINISTRATION	40,063	40,063
360	DEFENSE THREAT REDUCTION AGENCY	941,763	741,763
	Program decrease		[–200,000]
380	DEFENSE THREAT REDUCTION AGENCY—CYBER	56,052	56,052
390	DEPARTMENT OF DEFENSE EDUCATION ACTIVITY	3,276,276	3,351,276
	Department of Defense Education Activity (Impact Aid Students with Disabilities)		[22,000]
	Department of Defense Education Activity (Impact Aid)		[53,000]
400	MISSILE DEFENSE AGENCY	541,787	541,787
430	OFFICE OF THE LOCAL DEFENSE COMMUNITY COOPERATION	108,697	128,697
	Defense Community Infrastructure Program		[20,000]
440	OFFICE OF THE SECRETARY OF DEFENSE	2,239,072	1,328,008
	Afghanistan War Commission		[2,500]
	AHI cross-functional team		[10,000]
	Center for Excellence in Civilian Harm Mitigation		[5,000]
	Commission on Civilian Harm		[4,000]
	Commission on Professional Military Education		[5,000]
	Commission on the National Defense Strategy		[2,900]
	Congressional Commission on the Strategic Posture of the United States		[2,800]
	Dellums Scholarship program		[5,000]
	Executive Education on Emerging Technologies for Civilian and Military Leaders		[3,500]
	Information Assurance Scholarship Program		[25,000]
	National Commission on the Future of the Navy		[4,000]
	National Security Commission on Emerging Biotechnology		[5,600]
	Office of the Secretary of Defense- ASD EI+E Personnel		[1,000]
	Pilot Program on Financial Assistance for Victims of Domestic Violence		[5,000]
	PPBE Commission		[3,800]
	Program decrease		[–774,675]
	Readiness Environmental Protection Integration Program		[6,000]
	Red teams		[1,000]
	Unjustified growth		[–228,489]
450	OFFICE OF THE SECRETARY OF DEFENSE—CYBER	55,255	55,255
500	WASHINGTON HEADQUARTERS SERVICES	369,943	347,943
	Program decrease		[–22,000]
500A	CLASSIFIED PROGRAMS	18,764,415	18,814,215
	Classified adjustment		[12,100]
	Defense Cover Program		[10,000]
	ICASS humint mission support		[9,000]
	Joint Worldwide Intelligence Communications System (JWICS) Modernization		[12,000]
	MARS Advanced Capabilities		[1,300]
	TORCH—Enterprise IT		[5,400]
	SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES	37,085,757	35,841,993

	UNDISTRIBUTED
510	UNDISTRIBUTED		–760,000
	Civilian Personnel inflation pay		[60,000]
	Foreign currency fluctuations		[–450,000]
	Historical unobligated balances		[–370,000]
	SUBTOTAL UNDISTRIBUTED		–760,000

	TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE	48,406,516	46,235,031

	UKRAINE SECURITY ASSISTANCE
010	UKRAINE SECURITY ASSISTANCE INITIATIVE		1,000,000
	Program increase		[700,000]
	Transfer from Defense Security Cooperation Agency		[300,000]
	SUBTOTAL UKRAINE SECURITY ASSISTANCE		1,000,000

	TOTAL UKRAINE SECURITY ASSISTANCE		1,000,000

	SEIZE THE INITIATIVE FUND
010	SEIZE THE INITIATIVE FUND		1,000,000
	Program increase		[1,000,000]
	SUBTOTAL SEIZE THE INITIATIVE FUND		1,000,000

	TOTAL SEIZE THE INITIATIVE FUND		1,000,000

	US COURT OF APPEALS FOR ARMED FORCES, DEF
	ADMINISTRATION AND ASSOCIATED ACTIVITIES
010	US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE	16,003	16,003
	SUBTOTAL ADMINISTRATION AND ASSOCIATED ACTIVITIES	16,003	16,003

	TOTAL US COURT OF APPEALS FOR ARMED FORCES, DEF	16,003	16,003

	DOD ACQUISITION WORKFORCE DEVELOPMENT FUND
	ACQUISITION WORKFORCE DEVELOPMENT
010	ACQ WORKFORCE DEV FD	53,791	53,791
	SUBTOTAL ACQUISITION WORKFORCE DEVELOPMENT	53,791	53,791

	TOTAL DOD ACQUISITION WORKFORCE DEVELOPMENT FUND	53,791	53,791

	OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
	HUMANITARIAN ASSISTANCE
010	OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID	112,800	152,800
	Program increase		[40,000]
	SUBTOTAL HUMANITARIAN ASSISTANCE	112,800	152,800

	TOTAL OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID	112,800	152,800

	COOPERATIVE THREAT REDUCTION ACCOUNT
010	COOPERATIVE THREAT REDUCTION	341,598	341,598
	SUBTOTAL COOPERATIVE THREAT REDUCTION	341,598	341,598

	TOTAL COOPERATIVE THREAT REDUCTION ACCOUNT	341,598	341,598

	ENVIRONMENTAL RESTORATION, ARMY
	DEPARTMENT OF THE ARMY
050	ENVIRONMENTAL RESTORATION, ARMY	196,244	196,244
	SUBTOTAL DEPARTMENT OF THE ARMY	196,244	196,244

	TOTAL ENVIRONMENTAL RESTORATION, ARMY	196,244	196,244

	ENVIRONMENTAL RESTORATION, NAVY
	DEPARTMENT OF THE NAVY
060	ENVIRONMENTAL RESTORATION, NAVY	359,348	1,089,348
	Program increase		[30,000]
	Red Hill		[700,000]
	SUBTOTAL DEPARTMENT OF THE NAVY	359,348	1,089,348

	TOTAL ENVIRONMENTAL RESTORATION, NAVY	359,348	1,089,348

	ENVIRONMENTAL RESTORATION, AIR FORCE
	DEPARTMENT OF THE AIR FORCE
070	ENVIRONMENTAL RESTORATION, AIR FORCE	314,474	344,474
	Program increase		[30,000]
	SUBTOTAL DEPARTMENT OF THE AIR FORCE	314,474	344,474

	TOTAL ENVIRONMENTAL RESTORATION, AIR FORCE	314,474	344,474

	ENVIRONMENTAL RESTORATION, DEFENSE
	DEFENSE-WIDE
080	ENVIRONMENTAL RESTORATION, DEFENSE	8,924	33,924
	FUDS—Military Munitions Response Program		[25,000]
	SUBTOTAL DEFENSE-WIDE	8,924	33,924

	TOTAL ENVIRONMENTAL RESTORATION, DEFENSE	8,924	33,924

	ENVIRONMENTAL RESTORATION FORMERLY USED SITES
	DEFENSE-WIDE
090	ENVIRONMENTAL RESTORATION FORMERLY USED SITES	227,262	227,262
	SUBTOTAL DEFENSE-WIDE	227,262	227,262

	TOTAL ENVIRONMENTAL RESTORATION FORMERLY USED SITES	227,262	227,262

	SUPPORT FOR INTERNATIONAL SPORTING COMPETITIONS , DEFENSE
	OPERATIONS SUPPORT
100	SUPPORT OF INTERNATIONAL SPORTING COMPETITIONS, DEFENSE	10,377	10,377
	SUBTOTAL OPERATIONS SUPPORT	10,377	10,377

	TOTAL SUPPORT FOR INTERNATIONAL SPORTING COMPETITIONS , DEFENSE	10,377	10,377

	RED HILL RECOVERY FUND
010	RED HILL RECOVERY FUND	1,000,000	0
	Realignment to execution accounts		[–1,000,000]
	SUBTOTAL RED HILL RECOVERY FUND	1,000,000	0

	TOTAL RED HILL RECOVERY FUND	1,000,000	0

	TOTAL OPERATION & MAINTENANCE	271,218,877	274,270,946

SEC. 4401. Military personnel.

SEC. 4401. MILITARY PERSONNEL(In Thousands of Dollars)
Item	FY 2023 Request	House Authorized
Military Personnel	164,139,628	164,792,801
Inflation bonus pay		[800,000]
BAH Absorption Restoration (1%)		[244,000]
Additional BAH Absorption Restoration (2%)		[250,000]
Military Personnel, Navy—Restore Navy Force Structure Cuts (Manpower)		[190,000]
Military Personnel, Navy—Restore Personnel for HSC–85 Aircraft (Manpower)		[19,173]
Military personnel historical underexecution		[–700,000]
Foreign currency fluctuations		[–150,000]
MERHCF	9,743,704	9,743,704

SEC. 4501. Other authorizations.

SEC. 4501. OTHER AUTHORIZATIONS(In Thousands of Dollars)
Item	FY 2023 Request	House Authorized
NATIONAL DEFENSE STOCKPILE TRANSACTION FUND
DEFENSE STOCKPILE	253,500	253,500
TOTAL NATIONAL DEFENSE STOCKPILE TRANSACTION FUND	253,500	253,500

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 FORCE	80,448	80,448

WORKING CAPITAL FUND, DEFENSE-WIDE
DEFENSE AUTOMATION & PRODUCTION SERVICES	2	2
WORKING CAPITAL FUND SUPPORT	8,300	2,508,300
Fuel inflation		[2,500,000]
TOTAL WORKING CAPITAL FUND, DEFENSE-WIDE	8,302	2,508,302

WORKING CAPITAL FUND, DECA
WORKING CAPITAL FUND SUPPORT	1,211,208	1,961,208
Program increase		[750,000]
TOTAL WORKING CAPITAL FUND, DECA	1,211,208	1,961,208

CHEM AGENTS & MUNITIONS DESTRUCTION
CHEM DEMILITARIZATION—O&M	84,612	84,612
CHEM DEMILITARIZATION—RDT&E	975,206	975,206
TOTAL CHEM AGENTS & MUNITIONS DESTRUCTION	1,059,818	1,059,818

DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF
COUNTER-NARCOTICS SUPPORT	619,474	627,716
JIATF-W		[8,242]
DRUG DEMAND REDUCTION PROGRAM	130,060	134,060
Young Marines Program		[4,000]
NATIONAL GUARD COUNTER-DRUG PROGRAM	100,316	100,316
NATIONAL GUARD COUNTER-DRUG SCHOOLS	5,878	5,878
TOTAL DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF	855,728	867,970

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—PROCUREMENT	1,524	1,524
TOTAL OFFICE OF THE INSPECTOR GENERAL	479,359	479,359

DEFENSE HEALTH PROGRAM
IN-HOUSE CARE	9,906,943	10,006,943
TRICARE Dental for Selected Reserve		[100,000]
PRIVATE SECTOR CARE	18,455,209	18,455,209
CONSOLIDATED HEALTH SUPPORT	1,916,366	1,916,366
INFORMATION MANAGEMENT	2,251,151	2,251,151
MANAGEMENT ACTIVITIES	338,678	338,678
EDUCATION AND TRAINING	334,845	341,845
TriService Nursing Research Program		[7,000]
BASE OPERATIONS/COMMUNICATIONS	2,111,558	2,111,558
R&D RESEARCH	39,568	39,568
R&D EXPLORATRY DEVELOPMENT	175,477	175,477
R&D ADVANCED DEVELOPMENT	320,862	320,862
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	47,971
National Disaster Medical Surge Pilot and Implementation		[20,000]
Warfighting Brain Initiative		[10,000]
PROC INITIAL OUTFITTING	21,625	21,625
PROC REPLACEMENT & MODERNIZATION	234,157	234,157
PROC JOINT OPERATIONAL MEDICINE INFORMATION SYSTEM	1,467	1,467
PROC MILITARY HEALTH SYSTEM—DESKTOP TO DATACENTER	72,601	72,601
PROC DOD HEALTHCARE MANAGEMENT SYSTEM MODERNIZATION	240,224	240,224
SOFTWARE & DIGITAL TECHNOLOGY PILOT PROGRAMS	137,356	137,356
TOTAL DEFENSE HEALTH PROGRAM	36,932,174	37,069,174

TOTAL OTHER AUTHORIZATIONS	40,910,474	44,309,716

SEC. 4601. Military construction.

SEC. 4601. MILITARY CONSTRUCTION(In Thousands of Dollars)
Account	State/Country and Installation	Project Title	FY 2023 Request	House Agreement
	Alabama
Army	Anniston Army Depot	General Purpose Warehouse	0	2,400
Army	Redstone Arsenal	Physics Lab	0	44,000
	California
Army	Air Force Training Center Edwards	Planning and Design Munitions Igloo—East	0	650
	Colorado
Army	Fort Carson	Fire Station Support Building	14,200	14,200
	Germany
Army	East Camp Grafenwoehr	EDI: Battalion Trng Cplx1 (Brks/Veh Maint)	104,000	104,000
Army	East Camp Grafenwoehr	EDI: Battalion Trng Cplx2 (OPS/Veh Maint)	64,000	64,000
	Hawaii
Army	Tripler Army Medical Center	Water System Upgrades	0	2,000
Army	Fort Shafter	Water System Upgrades	0	2,000
	Kwajalein
Army	Kwajalein Atoll	Medical Clinic	69,000	69,000
	Louisiana
Army	Fort Polk, Louisiana	Child Development Center	32,000	32,000
Army	Fort Polk, Louisiana	Joint Operations Center	0	61,000
	Maryland
Army	Aberdeen Proving Ground	Test Maintenance Fabrication Facility	0	85,000
Army	Aberdeen Proving Ground	Test Maintenance Fabrication Facility Cost to Complete	0	7,600
	Mississippi
Army	Vicksburg	General Purpose Lab and Test Building	0	20,000
	New Jersey
Army	Picatinny Arsenal	Igloo Storage Installation	0	12,000
Army	Picatinny Arsenal	Precision Munitions Test Tower	0	3,654
	New York
Army	U.S. Military Academy	Engineering Center	39,800	39,800
Army	Fort Drum	Automated Record Fire Plus Range	0	2,400
	North Carolina
Army	Fort Bragg	Multipurpose Training Range	34,000	34,000
	Pennsylvania
Army	Letterkenny Army Depot	Shipping and Receiving Building	38,000	38,000
	Texas
Army	Fort Hood	Barracks	0	19,000
Army	Fort Hood	Automated Infantry Platoon Battle Course	0	1,220
Army	Fort Hood	Automated Machine Gun Range	0	1,240
Army	Fort Hood	Infantry Squad Battle Course	0	600
Army	Corpus Christi Army Depot	Powertrain Facility (Engine Assembly)	103,000	83,000
Army	Fort Bliss	Fire Station	15,000	15,000
	Washington
Army	Joint Base Lewis-McChord	Barracks	49,000	49,000
	Worldwide Unspecified
Army	Unspecified Worldwide Locations	Host Nation Support	26,000	26,000
Army	Unspecified Worldwide Locations	Planning and Design	167,151	167,151
Army	Unspecified Worldwide Locations	Unspecified Minor Construction	90,414	90,414
Army	Various Worldwide Locations	Cost to Complete- Inflation Adjustment	0	502,900

Military Construction, Army Total	845,565	1,593,229

	Alabama
Navy	Redstone Arsenal	Building 6231	0	6,000
	Australia
Navy	Royal Australian Air Force Base Darwin	PDI: Aircraft Parking Apron (Inc)	72,446	72,446
	California
Navy	Corona	Performance Assessment Communications Laboratory	0	15,000
Navy	Corona	Planning and Design Data Science Analytics and Innovation	0	2,845
Navy	Marine Corps Base Camp Pendleton	Basilone Road Realignment	85,210	85,210
Navy	Naval Air Station Lemoore	F–35C Aircraft Maintenance Hangar & Airfield Pave	201,261	43,261
Navy	Naval Base Point Loma Annex	Child Development Center	56,450	56,450
Navy	Naval Base San Diego	Pier 6 Replacement (Inc)	15,565	15,565
Navy	Marine Corps Air Ground Combat Center Twentynine Palms	Range Simulation Training & Operations Fac.	120,382	11,382
	Connecticut
Navy	Naval Submarine Base New London	Relocate Underwater Electromagnetic Measure.	15,514	15,514
	Florida
Navy	Naval Air Station Jacksonville	Engine Test Cells Modifications	86,232	86,232
Navy	Marine Corps Support Facility Blount Island	Communications Infrastructure Modernization Design	0	5,291
Navy	Naval Air Station Whiting Field	AHTS Aircraft Flight Simulator Facility	57,789	57,789
	Georgia
Navy	Naval Submarine Base Kings Bay	Nuclear Regional Maintenance Facility	213,796	213,796
Navy	Naval Submarine Base Kings Bay	Trident Training Fac. Columbia Trainer Expan.	65,375	65,375
	Guam
Navy	Marine Corps Base Camp Blaz	PDI: 9th Eng Supp Battalion Equip & Main Fac	131,590	48,590
Navy	Marine Corps Base Camp Blaz	PDI: 9th Engineer Support Battalion Ops. Fac.	35,188	35,188
Navy	Marine Corps Base Camp Blaz	PDI: Brown Tree Snake Exclusion Barrier South	14,497	14,497
Navy	Marine Corps Base Camp Blaz	PDI: Ground Combat Element Infantry Battalion 1 & 2 Facility	149,314	79,314
	Hawaii
Navy	Marine Corps Base Kaneohe Bay	Bachelor Enslisted Quarters (P–973)	0	87,930
Navy	Joint Base Pearl Harbor-Hickam	Dry Dock 3 Replacement (Inc)	621,185	621,185
	Idaho
Navy	Carderock	Planning and Design ARD Range Craft Berthing Facility	0	706
	Japan
Navy	Kadena Air Base	PDI: Marine Corps Bachelor Enlisted Quarters	94,100	34,100
Navy	Kadena Air Base	PDI: Marine Corps Barracks Complex, Kadena	101,300	101,300
	Maine
Navy	Kittery	Multi-Mission Drydock #1 Extension (Inc)	503,282	503,282
	Maryland
Navy	Carderock	SFOMF Storage Laboratory	0	2,073
Navy	Carderock	Planning and Design Ship Systems Integration and Design Facility	0	2,650
Navy	Indian Head	EOD Explosive Testing Range 2 Expansion at SN, Building 2107	0	2,039
Navy	Indian Head	New Combustion Laboratory	0	6,000
Navy	Indian Head	Planning and Design Contained Burn Facility	0	5,650
Navy	Naval Surface Warfare Center Indian Head	Contained Burn Facility	0	4,750
	Nevada
Navy	Naval Air Station Fallon	F–35C Aircraft Maintenance Hangar	97,865	37,865
	North Carolina
Navy	Marine Corps Base Camp Lejeune	Regional Communications Station, Hadnot Point	47,475	47,475
Navy	Marine Corps Air Station Cherry Point	Aircraft Maintenance Hangar (Inc)	106,000	91,000
Navy	Marine Corps Air Station Cherry Point	CH–53K Gearbox Repair and Test Facility	38,415	38,415
Navy	Marine Corps Air Station Cherry Point	F–35 Flightline Util. Modern. Ph 2 (Inc)	58,000	58,000
	Pennsylvania
Navy	Philadelphia	Machinery Control Developmental Center	0	86,610
	Virginia
Navy	Dahlgren	Upgrade Electrical Substation 1	0	2,503
Navy	Dahlgren	Planning and Design Weapons Integration and Test Campus	0	1,237
Navy	Naval Station Norfolk	Submarine Logistics Support Facilities	16,863	16,863
Navy	Naval Station Norfolk	Submarine Pier 3 (Inc)	155,000	155,000
Navy	Portsmouth Naval Shipyard	Dry Dock Saltwater System for CVN–78 (Inc)	47,718	47,718
	Washington
Navy	Naval Air Station Whidbey Island	E/A–18G Aircraft Flt. Read. Squad. Train. Fac	37,461	37,461
	Worldwide Unspecified
Navy	Unspecified Worldwide Locations	MCON Planning and Funds	397,124	397,124
Navy	Unspecified Worldwide Locations	Unspecified Minor Construction	109,994	109,994
Navy	Unspecified Worldwide Locations	Red Hill	0	23,184
Navy	Various Worldwide Locations	Cost to Complete- Inflation Adjustment	0	1,198,000

Military Construction, Navy Total	3,752,391	4,649,859

	Alabama
AF	Maxwell Air Force Base	Commercial Vehicle Inspection Gate	0	15,000
	Alaska
AF	Clear Air Force Station	LRDR Dormitory	68,000	68,000
AF	Joint Base Elmendorf-Richardson	Extend Runway 16/34, Inc	100,000	100,000
	California
AF	Vandenberg Air Force Base	GBSD Consolidated Maintenance Facility	89,000	89,000
AF	Travis Air Force Base	KC–46 ADAL Simulator Facility, B179	0	7,500
	Florida
AF	Patrick Space Force Base	Consolidated Communications Facility	0	75,680
AF	Air Force Research Lab—Eglin Air Force Base	Planning and Design Shock and Applied Impact Laboratory (SAIL)	0	530
AF	Eglin Air Force Base	F–35A ADAL Development Test	0	2,500
AF	Eglin Air Force Base	F–35A Developmental Test 2–Bay MXS Hangar	0	4,100
AF	Eglin Air Force Base	F–35A Developmental Test 2–Bay Test Hangar	0	3,700
	Hawaii
AF	Kirtland Air Force Base, Maui Experimental Site #1	Secure Integration Support Lab With Land Acquisition	0	89,000
	Hungary
AF	Papa Air Base	EDI: DABS-FEV Storage	71,000	71,000
	Iceland
AF	Keflavik	EDI: DABS-FEV Storage	94,000	94,000
	Italy
AF	Aviano Air Base	Combat Rescue Helicopter Simulator Facility	15,500	15,500
AF	Aviano Air Base	EDI: RADR Storage Facility	31,000	31,000
	Japan
AF	Kadena Air Base	Helicopter Rescue OPS Maintenance Hangar, Inc	71,000	71,000
AF	Kadena Air Base	PDI: Theater A/C Corrosion Control Ctr, Inc	77,000	77,000
	Jordan
AF	Azraq Air Base	Bulk Petroleum/Oil/Lubricants Storage	32,000	32,000
AF	Azraq Air Base	Fuel Cell and Phase Maintenance Hangars	18,000	18,000
	Louisiana
AF	Barksdale Air Force Base	Weapons Generation Facility, Inc	125,000	125,000
	Mariana Islands
AF	Tinian	PDI: Airfield Development Phase 1, Inc	58,000	58,000
AF	Tinian	PDI: Fuel Tanks W/Pipeln & Hydrant Sys, Inc	92,000	92,000
AF	Tinian	PDI: Parking Apron, Inc	41,000	41,000
	Massachusetts
AF	Hanscom Air Force Base	MIT-Lincoln Lab (West Lab CSL/MIF), Inc	30,200	30,200
	New Mexico
AF	Kirtland Air Force Base	JNWC Headquarters	0	4,700
AF	Kirtland Air Force Base	Space Rapid Capabilities Office (SPRCO) Headquarters Facility	0	4,400
	New York
AF	Air Force Research Lab Rome	Construct HF Antennas, Newport and Stockbridge Annexes	0	4,200
	Norway
AF	Rygge	EDI: Base Perimeter Security Fence	8,200	8,200
	Ohio
AF	Wright-Patterson Air Force Base	Child Development Center/School Age Center	0	29,000
	Oklahoma
AF	Tinker Air Force Base	Facility and Land Acquisition (MROTC)	30,000	30,000
AF	Tinker Air Force Base	KC–46A 3–Bay Depot Maintenance Hangar, Inc	49,000	49,000
AF	Tinker Air Force Base	KC–46A Fuel POL Infrastructure	13,600	13,600
AF	Altus Air Force Base	South Gate	0	4,750
	South Carolina
AF	Shaw Air Force Base	RAPCON Facility	10,000	10,000
	South Dakota
AF	Ellsworth Air Force Base	B–21 2–Bay LO Restoration Facility, Inc	91,000	76,000
AF	Ellsworth Air Force Base	B–21 Radio Frequency Facility	77,000	77,000
AF	Ellsworth Air Force Base	B–21 Weapons Generation Facility, Inc	50,000	50,000
	Spain
AF	Moron Air Base	EDI: RADR Storage Facility	29,000	29,000
	Tennessee
AF	Arnold Air Force Base	Arc Heater Test Facility Dragon Fire	38,000	38,000
	Texas
AF	Joint Base San Antonio	BMT Recruit Dormitory 8, Inc 3 CTC	0	5,400
AF	Joint Base San Antonio	BMT Recruit Dormitory 7, Inc	90,000	45,000
AF	Joint Base San Antonio	Randolph AFB Child Development Center	0	29,000
	Utah
AF	Hill Air Force Base	GBSD Organic Software Sustain Ctr, Inc	95,000	95,000
AF	Hill Air Force Base	GBSD Technology and Collaboration Center	84,000	84,000
	Worldwide Unspecified
AF	Unspecified Worldwide Locations	Planning & Design	11,722	11,722
AF	Unspecified Worldwide Locations	Planning & Design	12,424	12,424
AF	Unspecified Worldwide Locations	Planning & Design	111,648	111,648
AF	Unspecified Worldwide Locations	Varlocs Cost to Complete	0	89,000
AF	Various Worldwide Locations	Unspecified Minor Military Construction	66,162	66,162
AF	Various Worldwide Locations	Natural Disaster Response- Cost to Complete	0	360,000
AF	Various Worldwide Locations	Cost to Complete- Inflation Adjustment	0	746,000
	Wyoming
AF	F.E. Warren Air Force Base	GBSD Integrated Command Center Wing a	95,000	95,000
AF	F.E. Warren Air Force Base	GBSD Land Acquisition	34,000	34,000
AF	F.E. Warren Air Force Base	GBSD Missile Handling Complex Wing a	47,000	47,000

Military Construction, Air Force Total	2,055,456	3,469,916

	Alabama
Def-Wide	Missile and Space Intelligence Center, Redstone Arsenal	Backup Power Generation	0	10,700
	California
Def-Wide	Naval Base Ventura County, Point Mugu	Ground Mounted Solar Photovoltaic System	0	13,360
Def-Wide	Marine Corps Mountain Warfare Training Center Bridgeport	Microgrid and Backup Power	0	25,560
Def-Wide	Coronado	SOF Operations Support Facility	75,712	75,712
	Djibouti
Def-Wide	Camp Lemonnier	Enhanced Energy Security and Control Systems	0	24,000
	Florida
Def-Wide	Naval Air Station Jacksonville	Facility Energy Operations Center Renovation	0	2,400
Def-Wide	Patrick Space Force Base	Underground Electric Distribution System	0	8,400
Def-Wide	Patrick Space Force Base	Water Distribution Loop	0	7,300
Def-Wide	Hurlburt Field	SOF Human Performance Training Center	9,100	9,100
Def-Wide	MacDill Air Force Base	SOF Operations Integration Facility	0	50,000
Def-Wide	MacDill Air Force Base	SOF Joint MISO Web-Operations Facility	0	8,730
	Georgia
Def-Wide	Fort Stewart-Hunter Army Airfield	Power Generation and Microgrid	0	25,400
Def-Wide	Naval Submarine Base Kings Bay	SCADA Modernization	0	11,200
	Germany
Def-Wide	Baumholder	Baumholder Elementary School	71,000	71,000
Def-Wide	Baumholder	SOF Battalion Annex	22,468	22,468
Def-Wide	Baumholder	SOF Communications Annex	9,885	9,885
Def-Wide	Baumholder	SOF Operations Annex	23,768	23,768
Def-Wide	Baumholder	SOF Support Annex	21,902	21,902
Def-Wide	Rhine Ordnance Barracks	Medical Center Replacement Inc 10	299,790	99,790
Def-Wide	Weisbaden	Clay Kaserne Elementary School	60,000	60,000
	Guam
Def-Wide	Naval Base Guam	Electrical Distribution System	0	34,360
	Hawaii
Def-Wide	Joint Base Pearl Harbor-Hickham	Primary Electrical Distribution	0	25,000
	Japan
Def-Wide	Kadena	Lighting Upgrades	0	780
Def-Wide	Iwakuni	PDI: Bulk Storage Tanks Ph 1	85,000	85,000
Def-Wide	Yokosuka	Kinnick High School Inc	20,000	20,000
Def-Wide	Yokota Air Base	PDI: Bulk Storage Tanks Ph I (Inc)	44,000	44,000
Def-Wide	Yokota Air Base	PDI: Operations and Warehouse Facilities	72,154	72,154
	Kansas
Def-Wide	Fort Riley	Power Generation and Microgrid	0	25,780
	Kuwait
Def-Wide	Camp Arifjan	Power Generation and Microgrid	0	26,850
	Maryland
Def-Wide	Fort Meade	Reclaimed Water Infrastructure Expansion	0	23,310
Def-Wide	Bethesda Naval Hospital	MEDCEN Addition / Alteration Inc 6	75,500	75,500
Def-Wide	Fort Meade	NSAW Mission OPS and Records Center (Inc)	140,000	140,000
Def-Wide	Fort Meade	NSAW Recap Building 4 (Inc)	378,000	378,000
	North Carolina
Def-Wide	Fort Bragg	SOF Operations Building	18,870	18,870
Def-Wide	Fort Bragg	SOF Supply Support Activity	15,600	15,600
	Texas
Def-Wide	Fort Hood	Power Generation and Microgrid	0	31,500
Def-Wide	U.S. Army Reserve Center, Conroe	Power Generation and Microgrid	0	9,600
Def-Wide	Joint Base San Antonio	Ambulatory Care Center Replacement (Dental)	58,600	58,600
	Virginia
Def-Wide	Naval Support Activity Hampton Roads	Backup Power Generation	0	3,400
Def-Wide	NCE Springfield, Fort Belvoir	Chilled Water Redundancy	0	1,100
Def-Wide	Naval Support Activity Hampton Roads	Primary Distribution Substation	0	19,000
Def-Wide	Dam Neck	SOF Operations Building Addition	26,600	26,600
Def-Wide	Pentagon	Commercial Vehicle Inspection Facility	18,000	18,000
	Worldwide Unspecified
Def-Wide	Unspecified Worldwide Locations	Energy Resilience and Conserv. Invest. Prog.	329,000	0
Def-Wide	Unspecified Worldwide Locations	ERCIP Design	224,250	224,250
Def-Wide	Unspecified Worldwide Locations	Exercise Related Minor Construction	18,644	18,644
Def-Wide	Unspecified Worldwide Locations	INDOPACOM	0	47,600
Def-Wide	Unspecified Worldwide Locations	INDOPACOM—Red Hill Fuel Distribution	0	75,000
Def-Wide	Unspecified Worldwide Locations	Planning and Design—Defw	26,689	26,689
Def-Wide	Unspecified Worldwide Locations	Planning and Design—DHA	33,227	33,227
Def-Wide	Unspecified Worldwide Locations	Planning and Design—DLA	30,000	30,000
Def-Wide	Unspecified Worldwide Locations	Planning and Design—DODEA	20,086	20,086
Def-Wide	Unspecified Worldwide Locations	Planning and Design—MDA	47,063	47,063
Def-Wide	Unspecified Worldwide Locations	Planning and Design—NSA	9,618	9,618
Def-Wide	Unspecified Worldwide Locations	Planning and Design—SOCOM	26,978	26,978
Def-Wide	Unspecified Worldwide Locations	Planning and Design—TJS	2,360	2,360
Def-Wide	Unspecified Worldwide Locations	Planning and Design—WHS	2,106	2,106
Def-Wide	Unspecified Worldwide Locations	Unspecified Minor Construction—Defw	3,000	3,000
Def-Wide	Unspecified Worldwide Locations	Unspecified Minor Construction—DHA	15,000	15,000
Def-Wide	Unspecified Worldwide Locations	Unspecified Minor Construction—DODEA	8,000	8,000
Def-Wide	Unspecified Worldwide Locations	Unspecified Minor Construction—NSA	6,000	6,000
Def-Wide	Unspecified Worldwide Locations	Unspecified Minor Construction—SOCOM	36,726	36,726
Def-Wide	Unspecified Worldwide Locations	Unspecified Minor Construction—DLA	31,702	31,702
Def-Wide	Various Worldwide Locations	Cost to Complete- Inflation Adjustment	0	688,000
Def-Wide	Various Worldwide Locations	EUCOM—Infrastructure to Support Presence on Nato's Eastern Flank (Planning and Design)	0	50,000
	INDOPACOM
Def-Wide	INDOPACOM	Exercise Related Minor Construction	0	16,130

Military Construction, Defense-Wide Total	2,416,398	3,151,858

	Worldwide Unspecified
NATO	NATO Security Investment Program	NATO Security Investment Program	210,139	210,139

NATO Security Investment Program Total	210,139	210,139

	Delaware
Army NG	New Castle	National Guard Readiness Center	16,000	16,000
	Florida
Army NG	Palm Coast	National Guard Vehicle Maintenance Shop	12,000	12,000
Army NG	Camp Blanding	Automated Multipurpose Machine Gun (MPMG) Range	0	8,500
Army NG	Camp Blanding	Scout Recce Gunnery Complex	0	16,200
	Hawaii
Army NG	Kapolei	National Guard Readiness Center Addition	29,000	29,000
	Indiana
Army NG	Atlanta	National Guard Readiness Center	20,000	20,000
	Iowa
Army NG	West Des Moines	National Guard Readiness Center	15,000	15,000
	Louisiana
Army NG	Camp Beauregard	Energy Resilience Conservation Investment Program Project	0	765
Army NG	Louisiana National Guard New Orleans	Munitions Administrative Facility	0	1,650
Army NG	Abbeville	National Guard Readiness Center Planning and Design	0	1,650
	Michigan
Army NG	Camo Grayling	National Guard Readiness Center	16,000	16,000
	Minnesota
Army NG	New Ulm	National Guard Readiness Center	17,000	17,000
	Nevada
Army NG	Reno	National Guard Readiness Center Add/Alt	18,000	18,000
	New York
Army NG	Troy	National Guard Vehicle Maintenance Shop	17,000	17,000
	North Carolina
Army NG	Mcleansville	National Guard Vehicle Maintenance Shop	15,000	15,000
	Puerto Rico
Army NG	Camp Santiago	Engineering/Housing Maintenance Shops (DPW)	14,500	14,500
	Vermont
Army NG	Bennington	National Guard Readiness Center	14,800	14,800
	West Virginia
Army NG	Buckhannon	National Guard Readiness Center Add/Alt	14,000	14,000
	Worldwide Unspecified
Army NG	Unspecified Worldwide Locations	Planning and Design	28,245	28,245
Army NG	Unspecified Worldwide Locations	Unspecified Minor Construction	35,933	35,933
Army NG	Unspecified Worldwide Locations	Unspecified Minor Construction	0	4,346
Army NG	Various Worldwide Locations	Cost to Complete- Inflation Adjustment	0	138,600
	Wyoming
Army NG	Sheridan	National Guard Vehicle Maintenance Shop	14,800	14,800

Military Construction, Army National Guard Total	297,278	468,989

	Florida
Army Res	Perrine	Army Reserve Center/AMSA	46,000	46,000
	Puerto Rico
Army Res	Fort Buchanan	Army Reserve Center	24,000	24,000
	Worldwide Unspecified
Army Res	Unspecified Worldwide Locations	Planning and Design	9,829	9,829
Army Res	Unspecified Worldwide Locations	Unspecified Minor Construction	20,049	20,049
Army Res	Various Worldwide Locations	Cost to Complete- Inflation Adjustment	0	37,300

Military Construction, Army Reserve Total	99,878	137,178

	Worldwide Unspecified
N/MC Res	Unspecified Worldwide Locations	MCNR Unspecified Minor Construction	27,747	18,747
N/MC Res	Unspecified Worldwide Locations	USMCR Planning and Design	2,590	2,590
N/MC Res	Various Worldwide Locations	Cost to Complete- Inflation Adjustment	0	19,500

Military Construction, Naval Reserve Total	30,337	40,837

	Alabama
Air NG	Birmingham International Airport	Security and Services Training Facility	7,500	7,500
Air NG	Montgomery	F–35 Weapons Load Crew Training Facility	0	6,800
	Arizona
Air NG	Morris Air National Guard Base	Base Entry Complex		12,000
Air NG	Tucson International Airport	Land Acquisition	10,000	10,000
	Florida
Air NG	Jacksonville Air National Guard Base	F–35 Construct Munitions Storage Area Admin- Jacksonville IAP Design	0	730
Air NG	Jacksonville Air National Guard Base	F–35 Munitions Maintenance and Inspection Facility Design	0	530
Air NG	Jacksonville International Airport	F–35 Construct Flight Simulator Facility	22,200	22,200
	Indiana
Air NG	Fort Wayne International Airport	Munitions Maintenance & Storage Complex	12,800	12,800
	Tennessee
Air NG	McGhee-Tyson Airport	KC–135 Maintenance Shops	23,800	23,800
	Worldwide Unspecified
Air NG	Unspecified Worldwide Locations	Planning and Design	28,412	28,412
Air NG	Unspecified Worldwide Locations	Unspecified Minor Construction	44,171	44,171
Air NG	Various Worldwide Locations	Cost to Complete- Inflation Adjustment	0	122,900

Military Construction, Air National Guard Total	148,883	291,843

	California
AF Res	Beale Air Force Base	940 ARW Squad OPS/AMU	33,000	33,000
	Virginia
AF Res	Joint Base Langley-Eustis	Reserve Intelligence Group Facility	0	10,500
	Worldwide Unspecified
AF Res	Unspecified Worldwide Locations	Planning & Design	11,773	11,773
AF Res	Unspecified Worldwide Locations	Unspecified Minor Military Construction	11,850	11,850
AF Res	Various Worldwide Locations	Cost to Complete- Inflation Adjustment	0	46,600

Military Construction, Air Force Reserve Total	56,623	113,723

	Germany
FH Con Army	Baumholder	Family Housing Replacement Construction	57,000	57,000
	Italy
FH Con Army	Vicenza	Family Housing New Construction	95,000	95,000
	Worldwide Unspecified
FH Con Army	Unspecified Worldwide Locations	Family Housing P & D	17,339	17,339

Family Housing Construction, Army Total	169,339	169,339

	Worldwide Unspecified
FH Ops Army	Unspecified Worldwide Locations	Furnishings	22,911	22,911
FH Ops Army	Unspecified Worldwide Locations	Housing Privatization Support	65,740	65,740
FH Ops Army	Unspecified Worldwide Locations	Leasing	127,499	127,499
FH Ops Army	Unspecified Worldwide Locations	Maintenance	117,555	117,555
FH Ops Army	Unspecified Worldwide Locations	Management	45,718	45,718
FH Ops Army	Unspecified Worldwide Locations	Miscellaneous	559	559
FH Ops Army	Unspecified Worldwide Locations	Services	9,580	9,580
FH Ops Army	Unspecified Worldwide Locations	Utilities	46,849	46,849

Family Housing Operation And Maintenance, Army Total	436,411	436,411

	Guam
FH Con Navy	Joint Region Marianas	Replace Andersen Housing Ph VI	68,985	68,985
	Mariana Islands
FH Con Navy	Guam	Replace Andersen Housing Ph IV	86,390	86,390
FH Con Navy	Guam	Replace Andersen Housing Ph V	93,259	93,259
	Worldwide Unspecified
FH Con Navy	Unspecified Worldwide Locations	Design, Washington DC	7,043	7,043
FH Con Navy	Unspecified Worldwide Locations	Improvements, USMC HQ Washington DC	74,540	74,540
FH Con Navy	Unspecified Worldwide Locations	USMC DPRI/Guam Planning and Design	7,080	7,080

Family Housing Construction, Navy And Marine Corps Total	337,297	337,297

	Worldwide Unspecified
FH Ops Navy	Unspecified Worldwide Locations	Furnishings	16,182	16,182
FH Ops Navy	Unspecified Worldwide Locations	Housing Privatization Support	61,605	61,605
FH Ops Navy	Unspecified Worldwide Locations	Leasing	66,333	66,333
FH Ops Navy	Unspecified Worldwide Locations	Maintenance	105,470	105,470
FH Ops Navy	Unspecified Worldwide Locations	Management	59,312	59,312
FH Ops Navy	Unspecified Worldwide Locations	Miscellaneous	411	411
FH Ops Navy	Unspecified Worldwide Locations	Services	16,494	16,494
FH Ops Navy	Unspecified Worldwide Locations	Utilities	42,417	42,417

Family Housing Operation And Maintenance, Navy And Marine Corps Total	368,224	368,224

	Delaware
FH Con AF	Dover AFB	Dover MHPI Restructure	25,492	25,492
	Florida
FH Con AF	Tyndall AFB	AETC Restructuring	150,685	150,685
	Illinois
FH Con AF	Scott AFB	Scott MHPI Restructure	52,003	52,003
	Maryland
FH Con AF	Andrews AFB	MHPI Equity Contribution CMSSF House	1,878	1,878
	Worldwide Unspecified
FH Con AF	Unspecified Worldwide Locations	Planning & Design	2,730	2,730

Family Housing Construction, Air Force Total	232,788	232,788

	Worldwide Unspecified
FH Ops AF	Unspecified Worldwide Locations	Furnishings	27,379	27,379
FH Ops AF	Unspecified Worldwide Locations	Housing Privatization	33,517	33,517
FH Ops AF	Unspecified Worldwide Locations	Leasing	7,882	7,882
FH Ops AF	Unspecified Worldwide Locations	Maintenance	150,375	150,375
FH Ops AF	Unspecified Worldwide Locations	Management	77,042	77,042
FH Ops AF	Unspecified Worldwide Locations	Miscellaneous	2,240	2,240
FH Ops AF	Unspecified Worldwide Locations	Services	10,570	10,570
FH Ops AF	Unspecified Worldwide Locations	Utilities	46,217	46,217

Family Housing Operation And Maintenance, Air Force Total	355,222	355,222

	Worldwide Unspecified
FH Ops DW	Unspecified Worldwide Locations	Furnishings—DIA	656	656
FH Ops DW	Unspecified Worldwide Locations	Furnishings—NSA	87	87
FH Ops DW	Unspecified Worldwide Locations	Leasing—DIA	31,849	31,849
FH Ops DW	Unspecified Worldwide Locations	Leasing—NSA	13,306	13,306
FH Ops DW	Unspecified Worldwide Locations	Maintenance—NSA	34	34
FH Ops DW	Unspecified Worldwide Locations	Utilities—DIA	4,166	4,166
FH Ops DW	Unspecified Worldwide Locations	Utilities—NSA	15	15

Family Housing Operation And Maintenance, Defense-Wide Total	50,113	50,113

	Worldwide Unspecified
FHIF	Unspecified Worldwide Locations	Administrative Expenses—FHIF	6,442	6,442

DOD Family Housing Improvement Fund Total	6,442	6,442

	Worldwide Unspecified
UHIF	Unspecified Worldwide Locations	Administrative Expenses—UHIF	494	494

Unaccompanied Housing Improvement Fund Total	494	494

	Worldwide Unspecified
BRAC	Base Realignment & Closure, Army	Base Realignment and Closure	67,706	117,706

Base Realignment and Closure—Army Total	67,706	117,706

	Worldwide Unspecified
BRAC	Unspecified Worldwide Locations	Base Realignment & Closure	106,664	156,664

Base Realignment and Closure—Navy Total	106,664	156,664

	Worldwide Unspecified
BRAC	Unspecified Worldwide Locations	DOD BRAC Activities—Air Force	107,311	107,311

Base Realignment and Closure—Air Force Total	107,311	107,311

	Worldwide Unspecified
BRAC	Unspecified Worldwide Locations	Int–4: DLA Activities	3,006	3,006

Base Realignment and Closure—Defense-wide Total	3,006	3,006

Total, Military Construction	12,153,965	16,468,588

SEC. 4701. Department of Energy National Security Programs.

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS(In Thousands of Dollars)
Program	FY 2023 Request	House 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	17,210,798
Defense nuclear nonproliferation	2,346,257	2,348,257
Naval reactors	2,081,445	2,081,445
Federal salaries and expenses	496,400	496,400
Total, National Nuclear Security Administration	21,410,400	22,136,900

Environmental and other defense activities:
Defense environmental cleanup	6,914,532	7,229,203
Other defense activities	978,351	978,351
Total, Environmental & other defense activities	7,892,883	8,207,554
Total, Atomic Energy Defense Activities	29,303,283	30,344,454
Total, Discretionary Funding	29,459,883	30,501,054

Nuclear Energy
Idaho sitewide safeguards and security	156,600	156,600
Total, Nuclear Energy	156,600	156,600

Stockpile Management
Stockpile Major Modernization
B61–12 Life Extension Program	672,019	672,019
W88 Alteration Program	162,057	162,057
W80–4 Life Extension Program	1,122,451	1,117,451
W80–4 ALT SLCM	0	20,000
Research and development for a nuclear warhead for a nuclear-capable sea-launched cruise missile		[20,000]
W87–1 Modification Program	680,127	680,127
W93 Program	240,509	240,509
Total, Stockpile Major Modernization	2,877,163	2,892,163

Stockpile services
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
Subtotal, Stockpile Services	2,051,910	2,051,910
Total, Stockpile Management	4,929,073	4,944,073

Weapons Activities
Production Modernization
Primary Capability Modernization
Plutonium Modernization
Los Alamos Plutonium Modernization
Los Alamos Plutonium Operations	767,412	767,412
21–D–512 Plutonium Pit Production Project, LANL	588,234	588,234
15–D–302 TA–55 Reinvestments Project, Phase 3, LANL	30,002	30,002
07–D–220-04 Transuranic Liquid Waste Facility, LANL	24,759	24,759
04–D–125 Chemistry and Metallurgy Research Replacement Project, LANL	162,012	162,012
Subtotal, Los Alamos Plutonium Modernization	1,572,419	1,572,419
Savannah River Plutonium Modernization
Savannah River Plutonium Operations	58,300	58,300
21–D–511 Savannah River Plutonium Processing Facility, SRS	700,000	1,075,000
NNSA unfunded priority		[375,000]
Subtotal, Savannah River Plutonium Modernization	758,300	1,133,300
Enterprise Plutonium Support	88,993	88,993
Total, Plutonium Modernization	2,419,712	2,794,712
High Explosives and Energetics
High Explosives & Energetics	101,380	101,380
HESE OPCs	0	0
23–D–516 Energetic Materials Characterization Facility, LANL	19,000	19,000
21–D–510 HE Synthesis, Formulation, and Production, PX	108,000	133,000
Project risk reduction		[25,000]
15–D–301 HE Science & Engineering Facility, PX	20,000	30,000
Project risk reduction		[10,000]
Total, High Explosives and Energetics	248,380	283,380
Total, Primary Capability Modernization	2,668,092	3,078,092

Secondary Capability Modernization
Uranium Modernization	297,531	297,531
Depleted Uranium Modernization	170,171	170,171
Lithium Modernization	68,661	68,661
18–D–690 Lithium Processing Facility, Y–12	216,886	216,886
06–D–141 Uranium Processing Facility, Y–12	362,000	362,000
Total, Secondary Capability Modernization	1,115,249	1,115,249

Tritium and Domestic Uranium Enrichment
Tritium Sustainment and Modernization	361,797	361,797
Domestic Uranium Enrichment	144,852	144,852
18–D–650 Tritium Finishing Facility, SRS	73,300	73,300
Total, Tritium and Domestic Uranium Enrichment	579,949	579,949

Non-Nuclear Capability Modernization	123,084	123,084
Capability Based Investments	154,220	154,220
Total, Production Modernization	4,640,594	5,050,594


Stockpile Research, Technology, and Engineering
Assessment Science	854,798	914,798
Enhanced Capability for Subcritical Experiments (ECSE) and Hydrodynamic and Subcritical Experiment Execution Support.		[70,000]
Program decrease		[–10,000]
Engineering and Integrated Assessments	366,455	366,455
Inertial Confinement Fusion	544,095	624,095
Advanced Simulation and Computing	742,646	842,146
Weapon Technology and Manufacturing Maturation	286,165	296,165
Academic Programs	100,499	100,499
Total, Stockpile Research, Technology, and Engineering	2,894,658	3,144,158

Infrastructure and Operations
Operations of facilities	1,038,000	1,038,000
Safety and environmental operations	162,000	162,000
Maintenance and repair of facilities	680,000	730,000
Deferred maintenance		[50,000]
Recapitalization:
Infrastructure and safety	561,663	561,663
Total, Recapitalization	561,663	561,663

Construction:
23–D–519 Special Materials Facility, Y–12	49,500	49,500
23–D–518 Plutonium Modernization Operations & Waste Management Office Building, LANL	48,500	48,500
23–D–517 Electrical Power Capacity Upgrade, LANL	24,000	24,000
22–D–514 Digital Infrastructure Capability Expansion, LLNL	67,300	67,300
Total, Construction	189,300	189,300
Total, Infrastructure and operations	2,630,963	2,680,963

Secure transportation asset
Operations and equipment	214,367	214,367
Program direction	130,070	130,070
Total, Secure transportation asset	344,437	344,437

Defense Nuclear Security
Operations and Maintenance	878,363	878,363
Construction:		0
17–D–710 West end protected area reduction project, Y–12	3,928	3,928
Total, Defense nuclear security	882,291	882,291

Information technology and cybersecurity	445,654	445,654
Legacy contractor pensions	114,632	114,632
Use of Prior Year Balances	–396,004	–396,004
Total, Weapons Activities	16,486,298	17,210,798


Defense Nuclear Nonproliferation
Defense Nuclear Nonproliferation Programs
Global material security
International nuclear security	81,155	83,155
NA–82 Counterproliferation classified program increase		[2,000]
Radiological security	244,827	244,827
Nuclear smuggling detection and deterrence	178,095	188,095
Total, Global material security	504,077	516,077

Material management and minimization
Conversion	153,260	153,260
Nuclear material removal	41,600	41,600
Material disposition	256,025	256,025
Total, Material management & minimization	450,885	450,885

Nonproliferation and arms control	207,656	207,656

Defense nuclear nonproliferation R&D
Proliferation Detection	287,283	287,283
Nuclear Detonation Detection	279,205	289,205
Forensics R&D	44,414	44,414
Nonproliferation Stewardship Program	109,343	109,343
Total, Defense nuclear nonproliferation R&D	720,245	730,245

NNSA Bioassurance Program	20,000	0

Nonproliferation Construction:
18–D–150 Surplus Plutonium Disposition Project, SRS	71,764	71,764
Total, Nonproliferation construction	71,764	71,764
Total, Defense Nuclear Nonproliferation Programs	1,974,627	1,976,627

Legacy contractor pensions	55,708	55,708
Nuclear counterterrorism and incident response program	438,970	438,970
Use of prior-year balances	–123,048	–123,048
Total, Defense Nuclear Nonproliferation	2,346,257	2,348,257


Naval Reactors
Naval reactors development	798,590	798,590
Columbia-Class reactor systems development	53,900	53,900
S8G Prototype refueling	20,000	20,000
Naval reactors operations and infrastructure	695,165	695,165
Construction:
23–D–533 BL Component Test Complex	57,420	57,420
14–D–901 Spent Fuel Handling Recapitalization Project, NRF	397,845	397,845
Total, Construction	455,265	455,265
Program direction	58,525	58,525
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, Office Of The Administrator	496,400	496,400


Defense Environmental Cleanup
Closure sites:
Closure sites administration	4,067	4,067

Richland:
River corridor and other cleanup operations	135,000	221,000
Central plateau remediation	650,240	672,240
Richland community and regulatory support	10,013	10,013
Construction:
18–D–404 Modification of Waste Encapsulation and Storage Facility	3,100	3,100
22–D–401 L–888, 400 Area Fire Station	3,100	3,100
22–D–402 L–897, 200 Area Water Treatment Facility	8,900	8,900
23–D–404 181D Export Water System Reconfiguration and Upgrade	6,770	6,770
23–D–405 181B Export Water System Reconfiguration and Upgrade	480	480
Total, Construction	22,350	22,350
Total, Hanford site	817,603	925,603

Office of River Protection:
Waste Treatment Immobilization Plant Commissioning	462,700	462,700
Rad liquid tank waste stabilization and disposition	801,100	801,100
Construction:
23–D–403, Hanford 200 West Area Tank Farms Risk Management Project	4,408	45,000
01–D–16D High-Level Waste Facility	316,200	358,939
01–D–16E Pretreatment Facility	20,000	20,000
Total, Construction	340,608	423,939

Total, Office of River Protection	1,604,408	1,687,739

Idaho National Laboratory:
Idaho cleanup and waste disposition	350,658	350,658
Idaho community and regulatory support	2,705	2,705
Construction:
22–D–403 Idaho Spent Nuclear Fuel Staging Facility	8,000	8,000
22–D–404 Additional ICDF Landfill Disposal Cell and Evaporation Ponds Project	8,000	8,000
23–D–402—Calcine Construction	10,000	10,000
Total, 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	12,004
Nuclear facility D & D
Separations Process Research Unit	15,300	15,300
Nevada Site	62,652	62,652
Sandia National Laboratories	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	422,636

Oak Ridge Reservation:
OR Nuclear facility D & D	334,221	334,221
Total, OR Nuclear facility D & D	334,221	334,221

U233 Disposition Program	47,628	47,628
OR cleanup and disposition	62,000	62,000
Construction:
17–D–401 On-site waste disposal facility	35,000	35,000
Total, Construction	35,000	35,000
Total, OR cleanup and waste disposition	144,628	144,628

OR community & regulatory support	5,300	5,300
OR technology development and deployment	3,000	3,000
Total, Oak Ridge Reservation	487,149	487,149

Savannah River Sites:
Savannah River risk management operations	416,317	460,317
Construction:
18–D–402 Emergency Operations Center Replacement, SR	25,568	25,568
19–D–701 SR Security Systems Replacement	5,000	5,000
Total, risk management operations	30,568	30,568

Savannah River Legacy Pensions	132,294	132,294
Savannah River National Laboratory O&M	41,000	41,000
SR community and regulatory support	12,137	12,137
Radioactive liquid tank waste stabilization and disposition	851,660	931,000
Construction:
20-D–401 Saltstone Disposal Unit #10, 11, 12	37,668	37,668
18–D–402 Saltstone disposal unit #8/9	49,832	49,832
Total, Construction	87,500	87,500
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 confinement ventilation system, WIPP	59,073	59,073
15–D–412 Exhaust Shaft, WIPP	25,000	25,000
Total, Construction	84,073	84,073
Total, Waste Isolation Pilot Plant	456,016	456,016

Program Direction	317,002	317,002
Program Support	103,239	103,239
Safeguards and Security	309,573	309,573
Technology Development and Deployment	25,000	25,000
Federal Contribution to the Uranium Enrichment D&D Fund	417,000	417,000
Total, Defense Environmental Cleanup	6,914,532	7,229,203

Other Defense Activities
Environment, health, safety and security
Environment, health, safety and security	138,854	138,854
Program direction	76,685	76,685
Total, Environment, Health, safety and security	215,539	215,539

Independent enterprise assessments
Independent enterprise assessments	27,486	27,486
Program direction	57,941	57,941
Total, Independent enterprise assessments	85,427	85,427

Specialized security activities	306,067	306,067

Office of Legacy Management
Legacy management	174,163	174,163
Program direction	21,983	21,983
Total, Office of 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
Total, Other Defense Activities	978,351	978,351

SEC. 5101. Maximum rate of interest on debts incurred before military service applicable to military dependents.

Section 207 of the Servicemembers Civil Relief Act (50 U.S.C. 3937) is amended—

(1) in subsection (a)—

(A) in paragraph (1), by striking “or the servicemember and the servicemember’s spouse jointly” and inserting “a dependent of the servicemember, or such a dependent and the servicemember jointly”; and

(B) in paragraph (3), by inserting “or a dependent of the servicemember” after “due from a servicemember”; and

(2) in subsection (b)(1)—

(A) in the paragraph heading, by inserting “and dependency” after “military service”;

(B) in subparagraph (A)—

(i) by striking “of the servicemember”;

(ii) by striking clause (i) and inserting the following:

“(i) military orders indicating the current, future, or past military duty status of the servicemember; or”; and

(iii) in clause (ii), by inserting “or a certificate from the Defense Manpower Data Center” before the period at the end;

(D) by inserting the following after subparagraph (A):

“(B) DEPENDENTS.—In addition to providing proof of military service under subparagraph (A), dependents of servicemembers shall provide documentation that indicates the dependency status of the dependent at the time the debt or obligation was incurred and continuing until the servicemember entered military service. Such documentation may include a marriage certificate, birth certificate, or any other appropriate indicator of dependency status.”; and

(3) in subsection (c), by inserting “, dependent, or both, as the case may be,” after “ability of the servicemember”.

SEC. 5102. 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 how the procedures outlined in M21-1 III.ii.2.F.1. of the Adjudication Procedures Manual of the Department of Veterans Affairs are followed in assisting veterans obtain or reconstruct service records and medical information damaged or destroyed in the July 1973 fire at the National Processing Records Center.

(b) Elements.—The report under subsection (a) shall include the following elements:

(1) The determination of the Inspector General whether employees of the Department of Veterans Affairs receive sufficient training on such procedures.

(2) The determination of the Inspector General 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 time it takes to resolve an issue using such procedures.

(5) Recommendations to improve the implementation of such procedures.

SEC. 5103. Sense of Congress regarding women who served as cadet nurses during World War II.

(a) Findings.—Congress makes the following findings:

(1) In June of 1943, Congress enacted the Bolton Act, establishing the United States Cadet Nurse Corps as a uniformed service of the Public Health Administration. Through the Corps, women received free, expedited nursing education in exchange for “service in essential nursing for the duration of the war”.

(2) During World War II, the Nation faced a severe shortage of qualified nurses, threatening the ability of the United States to meet domestic and military medical needs.

(3) In total, 124,065 women graduated from training under the Cadet Nurse program, going on to serve in military hospitals, Veterans Administration hospitals, Marine hospitals, private hospitals, public health agencies, and public hospitals until the program ended in 1948.

(4) In 1944, the Federal Security Agency identified “national recognition for rendering a vital war service” as a privilege of service in the Corps.

(5) By 1945, Cadet Nurses accounted for 80 percent of the domestic nursing workforce.

(6) The Cadet Nurse Corps has been credited with preventing the collapse of the domestic nursing workforce.

(b) Sense of Congress.—It is the sense of Congress that women who served in the Cadet Nurse Corps honorably stepped up for their country during its time of need in World War II, significantly contributing to the war effort and the safety and security of the Nation.

(c) Expression of gratitude.—Congress hereby expresses deep gratitude for the women who answered the call to duty and served in the Cadet Nurse Corps.

SEC. 5104. Sense of Congress regarding Korean and Korean-American Vietnam war veterans.

(a) Findings.—Congress finds the following:

(1) Korean and Korean-American Vietnam War veterans served honorably throughout the conflict, fighting valiantly both in and alongside the United States Armed Forces, often making the ultimate sacrifice, with many later becoming United States citizens.

(2) Military cooperation in the Vietnam War is one of several examples that demonstrate the robust alliance of the United States and Republic of Korea, under shared commitment to democratic principles.

(3) During the Vietnam conflict, more than 3,000,000 members of the United States Armed Forces fought bravely to preserve and defend these ideals, among them many Korean Americans who earned citations for their heroism and honorable service.

(4) The Republic of Korea joined the Vietnam conflict to support the United States Armed Forces and the cause of freedom at the request of the United States.

(5) From 1964 until the last soldier left Saigon on March 23, 1973, 325,517 members of the Republic of Korea’s Armed Forces served in Vietnam, the largest contribution of troops sent by an ally of the United States.

(6) Republic of Korea forces fought bravely throughout the theater and were known for their dedication, tenacity, and effectiveness on the battlefield.

(7) More than 17,000 Korean soldiers were injured, and over 4,400 Korean soldiers made the ultimate sacrifice in defense of United States friends and allies.

(8) There are approximately 3,000 naturalized Korean Americans who served in the Vietnam War currently living in the United States, many of whom suffer from significant injuries due to their service in Vietnam, including post-traumatic stress disorder, total disability, and the effects of the toxic defoliant Agent Orange.

(9) Korean-American veterans of the Vietnam conflict upheld the highest ideals of the United States through their dedicated service and considerable sacrifices, with many continuing to carry the visible and invisible wounds of war to this day.

(b) Sense of congress.—It is the sense of Congress that Korean and Korean-American Vietnam War veterans who served alongside the United States Armed Forces in the Vietnam conflict fought with honor and valor.

SEC. 5105. Use of veterans with medical occupations in response to national emergencies.

(a) Update of web portal to identify veterans who had medical occupations as members of the Armed Forces.—

(1) IN GENERAL.—The Secretary shall update existing web portals of the Department to allow the identification of veterans who had a medical occupation as a member of the Armed Forces.

(2) INFORMATION IN PORTAL.—

(A) IN GENERAL.—An update to a portal under paragraph (1) shall allow a veteran to elect to provide the following information:

(i) Contact information for the veteran.

(ii) A history of the medical experience and trained competencies of the veteran.

(B) INCLUSIONS IN HISTORY.—To the extent practicable, histories provided under subparagraph (A)(ii) shall include individual critical task lists specific to military occupational specialties that align with existing standard occupational codes maintained by the Bureau of Labor Statistics.

(b) Program on provision to States of information on veterans with medical skills obtained during service in the Armed Forces.—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, in coordination with the Secretary of Defense and the Secretary of Labor, shall establish a program to share information specified in section 3(b) with the following:

(1) State departments of veterans affairs.

(2) Veterans service organizations.

(3) State credentialing bodies.

(4) State homes.

(5) Other stakeholders involved in State-level credentialing, as determined appropriate by the Secretary.

(1) ESTABLISHMENT.—The Secretary shall implement a program to train covered veterans to work as intermediate care technicians of the Department.

(2) LOCATIONS.—The Secretary may place an intermediate care technician trained under the program under paragraph (1) at any medical center of the Department, giving priority to a location 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 shall prepare a communications campaign to convey opportunities for training, certification, and employment under the program under paragraph (1) to appropriate members of the Armed Forces separating from active duty.

(4) REPORT ON EXPANSION OF PROGRAM.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on whether the program under this section could be replicated for other medical positions within the Department.

(5) COVERED VETERAN DEFINED.—In this subsection, the term “covered veteran” means a veteran whom the Secretary determines served as a basic health care technician while serving in the Armed Forces.

(d) Notification of opportunities for veterans.—The Secretary 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.

(e) Definitions.—In this section:

(1) DEPARTMENT; SECRETARY; VETERAN.—The terms “Department”, “Secretary”, “State home”, and “veteran” have the meanings given those terms in section 101 of title 38, United States Code.

(2) VETERANS SERVICE ORGANIZATION.—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.

SEC. 5106. Pilot program to employ veterans in positions relating to conservation and resource management activities.

(a) Establishment.—The Secretary of Veterans Affairs and the Secretaries concerned shall jointly establish a pilot program under which veterans are employed by the Federal Government in positions that relate to the conservation and resource management activities of the Department of the Interior and the Department of Agriculture.

(b) Administration.—The Secretary of Veterans Affairs shall administer the pilot program under subsection (a).

(1) identify vacant positions in the respective Departments of the Secretaries that are appropriate to fill using the pilot program under subsection (a); and

(2) to the extent practicable, fill such positions using the pilot program.

(d) Application of civil service laws.—A veteran employed under the pilot program under subsection (a) shall be treated as an employee as defined in section 2105 of title 5, United States Code.

(e) Best practices for other departments.—The Secretary of Veterans Affairs shall establish guidelines containing best practices for departments and agencies of the Federal Government that carry out programs to employ veterans who are transitioning from service in the Armed Forces. Such guidelines shall include—

(1) lessons learned under the Warrior Training Advancement Course of the Department of Veterans Affairs; and

(2) methods to realize cost savings based on such lessons learned.

(f) Partnership.—The Secretary of Veterans Affairs, the Secretaries concerned, and the Secretary of Defense may enter into a partnership to include the pilot program under subsection (a) as part of the Skillbridge program under section 1143 of title 10, United States Code.

(g) Reports.—

(1) INITIAL REPORT.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Secretaries concerned shall jointly submit to the appropriate congressional committees a report on the pilot program under subsection (a), including a description of how the pilot program will be carried out in a manner to reduce the unemployment of veterans.

(2) IMPLEMENTATION.—Not later than one year after the date on which the pilot program under subsection (a) commences, the Secretary of Veterans Affairs and the Secretaries concerned shall jointly submit to the appropriate congressional committees a report on the implementation of the pilot program.

(3) FINAL REPORT.—Not later than one year after the date on which the pilot program under subsection (a) is completed, the Secretary of Veterans Affairs and the Secretaries concerned shall jointly submit to the appropriate congressional committees a report on the pilot program that includes the following:

(A) The number of veterans who applied to participate in the pilot program.

(B) The number of such veterans employed under the pilot program.

(C) The number of veterans identified in subparagraph (B) who transitioned to full-time positions with the Federal Government after participating in the pilot program.

(D) Any other information the Secretaries determine appropriate with respect to measuring the effectiveness of the pilot program.

(h) Duration.—The authority to carry out the pilot program under subsection (a) shall terminate on the date that is two years after the date on which the pilot program commences.

(i) Definitions.—In this section:

(1) The term “appropriate congressional committees” means—

(A) the Committee on Veterans’ Affairs, the Committee on Agriculture, and the Committee on Natural Resources of the House of Representatives; and

(B) the Committee on Veterans’ Affairs, the Committee on Agriculture, Nutrition, and Forestry, and the Committee on Energy and Natural Resources of the Senate.

(2) The term “resource management” means approved conservation practices which, when properly planned and applied, work in tandem to provide environmental conservation and protection for soil, water, air, plant, and animal resources.

(3) The term “Secretary concerned” means—

(A) the Secretary of Agriculture with respect to matters regarding the National Forest System and the Department of Agriculture; and

(B) the Secretary of the Interior with respect to matters regarding the National Park System and the Department of the Interior.

SEC. 5107. Elimination of Asset and Infrastructure Review Commission of Department of Veterans Affairs.

The VA Asset and Infrastructure Review Act of 2018 (subtitle A of title II of Public Law 115–182; 38 U.S.C. 8122 note) is amended by striking each section other than sections 204(b) and 207.

SEC. 5108. Eligibility requirements for reimbursement for emergency treatment furnished to veterans.

(a) Eligibility requirements.—Section 1725(b)(2)(B) of title 38, United States Code, is amended by inserting “, unless such emergency treatment was furnished during the 60-day period following the date on which the veteran enrolled in the health care system specified in subparagraph (A), in which case no requirement for prior receipt of care shall apply” before the period.

(b) Applicability.—The amendment made by subsection (a) shall apply with respect to emergency treatment furnished on or after the date that is one year after the date of the enactment of this Act.

SEC. 5109. Improving processing by the Department of Veterans Affairs of disability claims for post-traumatic stress disorder.

(a) Training for claims processors who handle claims relating to post-traumatic stress disorder.—

(1) UPDATE TRAINING PROGRAMS.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs (in this section referred to as the “Secretary”) shall, acting through the Under Secretary for Benefits (in this section referred to as the “Under Secretary”), update an ongoing, national training program for claims processors who review claims for compensation for service-connected post-traumatic stress disorder.

(2) PARTICIPATION REQUIRED.—Beginning on the date that is 180 days after the date of the enactment of this Act, the Secretary shall require that each claims processor described in paragraph (1) participates in the training established under paragraph (1) at least once each year beginning in the second year in which the claims processor carries out the duties of the claims processor for the Department.

(3) REQUIRED ELEMENTS.—The training established under paragraph (1) shall include instruction on stressor development and verification.

(b) Standardization of training at regional offices.—Not later than 180 days after the date of the enactment of this Act, the Secretary, acting through the Under Secretary, shall standardize the training provided at regional offices of the Veterans Benefits Administration to the employees of such regional offices.

(c) Formal process for conduct of annual analysis of trends.—Not later than 180 days after the date of the enactment of this Act, the Secretary, acting through the Under Secretary, shall establish a formal process to analyze, on an annual basis, training needs based on identified processing error trends.

(d) Formal process for conduct of annual studies.—

(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary, acting through the Under Secretary, shall establish a formal process to conduct, on an annual basis, studies to help guide the national training program established under subsection (a)(1).

(2) ELEMENTS.—Each study conducted under paragraph (1) shall cover the following:

(A) Military post-traumatic stress disorder stressors.

(B) Decision-making claims for claims processors.

(e) Annual updates to post-traumatic stress disorder procedural guidance.—Not later than 180 days after the date of the enactment of this Act and not less frequently than once each year thereafter, the Secretary, acting through the Under Secretary, shall evaluate the guidance relating to post-traumatic stress disorder to determine if updates are warranted to provide claims processors of the Department with better resources regarding best practices for claims processing, including specific guidance regarding development of claims involving compensation for service-connected post-traumatic stress disorder.

SEC. 5110. Registry of individuals exposed to per- and polyfluoroalkyl substances on military installations.

(a) Establishment of registry.—

(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall—

(A) establish and maintain a registry for eligible individuals who may have been exposed to per- and polyfluoroalkyl substances (in this section referred to as “PFAS”) due to the environmental release of aqueous film-forming foam (in this section referred to as “AFFF”) on military installations to meet the requirements of military specification MIL–F–24385F;

(B) include any information in such registry that the Secretary of Veterans Affairs determines necessary to ascertain and monitor the health effects of the exposure of members of the Armed Forces to PFAS associated with AFFF;

(C) develop a public information campaign to inform eligible individuals about the registry, including how to register and the benefits of registering; and

(D) periodically notify eligible individuals of significant developments in the study and treatment of conditions associated with exposure to PFAS.

(2) COORDINATION.—The Secretary of Veterans Affairs shall coordinate with the Secretary of Defense in carrying out paragraph (1).

(b) Reports.—

(1) INITIAL REPORT.—Not later than two years after the date on which the registry under subsection (a) is established, the Secretary of Veterans Affairs shall submit to Congress an initial report containing the following:

(A) An assessment of the effectiveness of actions taken by the Secretary of Veterans Affairs and the Secretary of Defense to collect and maintain information on the health effects of exposure to PFAS.

(B) Recommendations to improve the collection and maintenance of such information.

(C) Using established and previously published epidemiological studies, recommendations regarding the most effective and prudent means of addressing the medical needs of eligible individuals with respect to exposure to PFAS.

(2) FOLLOW-UP REPORT.—Not later than five years after submitting the initial report under paragraph (1), the Secretary of Veterans Affairs shall submit to Congress a follow-up report containing the following:

(A) An update to the initial report submitted under paragraph (1).

(B) An assessment of whether and to what degree the content of the registry established under subsection (a) is current and scientifically up-to-date.

(3) INDEPENDENT SCIENTIFIC ORGANIZATION.—The Secretary of Veterans Affairs shall enter into an agreement with an independent scientific organization to prepare the reports under paragraphs (1) and (2).

(c) Recommendations for additional exposures to be included.—Not later than five years after the date of the enactment of this Act, and every five years thereafter, the Secretary of Veterans Affairs, in consultation with the Secretary of Defense and the Administrator of the Environmental Protection Agency, shall submit to Congress recommendations for additional chemicals with respect to which individuals exposed to such chemicals should be included in the registry established under subsection (a).

(d) Eligible individual defined.—In this section, the term “eligible individual” means any individual who, on or after a date specified by the Secretary of Veterans Affairs through regulations, served or is serving in the Armed Forces at a military installation where AFFF was used or at another location of the Department of Defense where AFFF was used.

SEC. 5111. Department of Veterans Affairs Advisory Committee on United States Outlying Areas and Freely Associated States.

(a) Establishment of Advisory Committee.—

(1) IN GENERAL.—Subchapter III of chapter 5 of title 38, United States Code, is amended by adding at the end the following new section:

“§ 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 can improve the programs and services of the Department to better serve such veterans.

“(2) To identify for the Secretary evolving issues of relevance to covered veterans.

“(3) To propose clarifications, recommendations, and solutions to address issues raised by covered veterans.

“(4) To provide a forum for covered veterans, veterans service organizations serving covered veterans, and the Department to discuss issues and proposals for changes to regulations, policies, and procedures of the Department.

“(5) To identify priorities for and provide advice to the Secretary on appropriate strategies for consultation with veterans service organizations serving covered veterans.

“(6) To encourage the Secretary to work with other departments and agencies of the Federal Government and Congress to ensure covered veterans are provided the full benefits of their status as covered veterans.

“(7) To highlight contributions of covered veterans in the Armed Forces.

“(8) To conduct other duties as determined appropriate by the Secretary.

“(c) Membership.— (1) The Committee shall be comprised of 15 voting members appointed by the Secretary.

“(2) In appointing members pursuant to paragraph (1), the Secretary shall ensure the following:

“(A) At least one member is appointed to represent covered veterans in each of the following areas:

“(i) American Samoa.

“(ii) Guam.

“(iii) Puerto Rico.

“(iv) The Commonwealth of the Northern Mariana Islands.

“(v) The Virgin Islands of the United States.

“(vi) The Federated States of Micronesia.

“(vii) The Republic of the Marshall Islands.

“(viii) The Republic of Palau.

“(B) Not fewer than half of the members appointed are covered veterans, unless the Secretary determines that an insufficient number of qualified covered veterans are available.

“(C) Each member appointed resides in an area specified in subparagraph (A).

“(3) In appointing members pursuant to paragraph (1), the Secretary may consult with any Member of Congress who represents an area specified in paragraph (2)(A).

“(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 2-year term.

“(2) Not later than 180 days after receiving notice of a vacancy in the Committee, the Secretary shall fill the vacancy 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 departments and agencies of the Federal Government may attend meetings of the Committee and provide information to the Committee.

“(2) One representative of the Department shall attend each meeting of the Committee.

“(3) Representatives attending meetings under this subsection—

“(A) shall 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 2 years, the Committee shall submit to the Secretary and the appropriate committees of Congress a report—

“(A) containing such recommendations as the Committee may have for legislative or administrative action; and

“(B) describing the activities of the Committee during the previous two years.

“(2) Not later than 120 days after the date on which the Secretary receives a report under paragraph (1), the Secretary shall submit to the appropriate committees of Congress a written response to the report after—

“(A) giving the Committee an opportunity to review such written response; and

“(B) including in such written response any comments the Committee considers appropriate.

“(3) The Secretary shall make publicly available on an internet website of the Department—

“(A) each report the Secretary receives under paragraph (1);

“(B) each written response the Secretary submits under paragraph (2); and

“(C) each report the Secretary receives under paragraph (3).

“(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 committees of Congress’ means—

“(A) the Committee on Veterans’ Affairs of the House of Representatives; and

“(B) the Committee on Veterans’ Affairs of the Senate.

“(2) The term ‘Committee’ means the Advisory Committee on United States Outlying Areas and Freely Associated States established under subsection (a).

“(3) The term ‘covered veteran’ means a veteran residing in an area specified in subsection (c)(2)(A).

“(4) The term ‘veterans service organization serving covered veterans’ means any organization that—

“(A) serves the interests of covered veterans;

“(B) has covered veterans in substantive and policymaking positions within the organization; and

“(C) has demonstrated experience working with covered veterans.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 5 of such title is amended by inserting after the item relating to section 547 the following new item:

“548. Advisory Committee on United States Outlying Areas and Freely Associated States.”.

(b) Deadline for establishment.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish the advisory committee required by section 548 of title 38, United States Code, as added by subsection (a)(1) 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 Secretary shall appoint the members of such advisory committee.

(d) Initial meeting.—Not later than 180 days after the date on which the Secretary establishes the advisory committee required by such section 548, such advisory committee shall hold its first meeting.

SEC. 5112. Report on barriers to veteran participation in Federal housing programs.

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, shall submit to Congress a report on the barriers veterans experience related to receiving benefits under Federal housing programs, including barriers faced by veterans based on their membership in one or more protected classes under the Fair Housing Act (42 U.S.C. 3601 et seq.), being part of a multi-generational household, and any other barriers as determined appropriate by the Secretary.

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. INCLUSION ON THE VIETNAM VETERANS MEMORIAL WALL OF THE NAMES OF THE LOST CREW MEMBERS OF THE U.S.S. FRANK E. EVANS KILLED ON JUNE 3, 1969.

(a) In general.—Not later than 18 months after the date of enactment of this Act, the Secretary of Defense shall authorize the inclusion on the Vietnam Veterans Memorial Wall in the District of Columbia of the names of the 74 crew members of the U.S.S. Frank E. Evans in service who were killed on June 3, 1969.

(b) Required consultation.—The Secretary of Defense shall consult with the Secretary of the Interior, the American Battlefield Monuments Commission, and other applicable authorities with respect to any adjustments to the nomenclature and placement of names pursuant to subsection (a) to address any space limitations on the placement of additional names on the Vietnam Veterans Memorial Wall.

(c) Nonapplicability of Commemorative Works Act.—Chapter 89 of title 40, United States Code (commonly known as the “Commemorative Works Act”), shall not apply to any activities carried out under subsection (a) or (b).

SEC. 5115. Provision of health care benefits for certain individuals who served in the armed forces of the Republic of Korea.

Section 109 of title 38, United States Code, is amended by adding at the end the following new subsection:

“(d) (1) Any person described in paragraph (2) shall be entitled to hospital and domiciliary care and medical services within the United States under chapter 17 of this title to the same extent as if the service described in such paragraph had been performed in the Armed Forces of the United States.

“(2) A person described in this paragraph is a person whom the Secretary determines meets the following criteria:

“(A) The person served in Vietnam as a member of the armed forces of the Republic of Korea at any time during the period beginning on January 9, 1962, and ending on May 7, 1975, or such other period as determined appropriate by the Secretary for purposes of this subsection.

“(B) The person became a citizen of the United States on or after the date on which such service in the armed forces of the Republic of Korea ended.”.

SEC. 5116. Grants for provision of transition assistance to members and former members of the Armed Forces after separation, retirement, or discharge.

(a) In general.—Commencing not later than 180 days after the date of the enactment of this Act, the Secretary of Labor shall, in coordination with the Secretary of Veterans Affairs, carry out a program to award grants to eligible organizations for the provision of assistance to covered individuals on the transition of a member or former member of the Armed Forces from service in the Armed Forces to civilian life.

(b) Covered individuals.—For purposes of this section, a covered individual is—

(1) a member of the Armed Forces who is eligible for preseparation counseling under sections 1142 and 1144 of title 10, United States Code;

(2) a former member of the Armed Forces who is transitioning from service in the Armed Forces to civilian life; or

(3) a spouse of a member described in paragraph (1) or a former member described in paragraph (2).

(c) Duration of program.—The Secretary of Labor shall carry out the program during the 5-year period beginning on the date of the commencement of the program.

(d) Grants.—

(1) IN GENERAL.—The Secretary of Labor shall carry out the program through the award of grants to eligible organizations for the provision of assistance described in subsection (a).

(2) MATCHING FUNDS REQUIRED.—A grant under this section shall be in an amount that does not exceed 50 percent of the amount required by the organization to provide the services described in subsection (g).

(e) Eligible organizations.—For purposes of this section, an eligible organization is any nonprofit organization, including workforce boards or Veterans Service Organizations, that the Secretary of Labor determines, in consultation with the Secretary of Veterans Affairs, is suitable for receipt of a grant under the program pursuant to receipt by the Secretary of Labor of an application submitted under subsection (f)(1).

(f) Selection of grant recipients.—

(1) APPLICATIONS.—An organization seeking a grant under the program shall submit to the Secretary of Labor an application therefor at such time, in such manner, and containing such information and assurances as the Secretary, in consultation with the Secretary of Veterans Affairs, may require.

(2) PRIORITY FOR HUBS OF SERVICES.—In awarding grants under the program, the Secretary of Labor shall give priority to an organization that provides multiple forms of services described in subsection (g).

(g) Use of funds.—The recipient of a grant under the program shall use the grant to coordinate for covered individuals the following:

(1) Career and training services, including the provision of such services available through the workforce development system.

(2) Mental health services.

(3) Legal assistance.

(4) Supportive services.

(5) Assistance with accessing benefits provided under laws administered by the Secretary of Veterans Affairs.

(6) Non-clinical case management.

(7) Entrepreneurship training.

(8) Such other services that may be related to the assistance and services set forth in this subsection as the Secretary of Labor determines may lead directly to successful transition to civilian life.

(h) Inclusion in Transition Assistance Program counseling.—The Secretary concerned shall include in the information provided to a member of the Armed Forces during the Transition Assistance Program information regarding any recipient of a grant under this section that is located in the community in which that member will reside after separation, retirement, or discharge from the Armed Forces.

(i) Authorization of appropriations.—There is authorized to be appropriated $10,000,000 to carry out this section.

(j) Definitions.—In this section:

(1) Except as otherwise provided, any term used in this Act that is defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102) shall have the meaning given to such term in such section.

(2) The term “nonprofit organization” is an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code.

(3) The term “Secretary concerned” has the meaning given such term in section 101 of title 10, United States Code.

(4) The term “Transition Assistance Program” means the Transition Assistance Program under sections 1142 and 1144 of title 10, United States Code.

SEC. 5117. Study on incidence and mortality of cancer among former aircrew of the Navy, Air Force, and Marine Corps.

(a) Study.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine under which the National Academies shall conduct a study of the incidence and mortality of cancers among covered individuals.

(b) Matters included.—The study under subsection (a) shall include the following:

(1) Identification of chemicals, compounds, agents, and other phenomena that cause elevated cancer incidence and mortality risks among covered individuals, including a nexus study design to determine whether there is a scientifically established causal link between such a chemical, compound, agent, or other phenomena and such cancer incidence or mortality risk.

(2) An assessment of not fewer than 10 types of cancer that are of the greatest concern with respect to exposure by covered individuals to the chemicals, compounds, agents, and other phenomena identified under paragraph (1), which may include colon and rectum cancers, pancreatic cancer, melanoma skin cancer, prostate cancer, testis cancer, urinary bladder cancer, kidney cancer, brain cancer, thyroid cancer, lung cancer, and non-Hodgkin lymphoma.

(3) A review of all available sources of relevant data, including health care databases of the Department of Veterans Affairs and the Department of Defense and the national death index, and the study conducted under section 750 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3716).

(1) STUDY.—Upon completion of the study under subsection (a), the National Academies shall submit to the Secretary of Veterans Affairs, the Secretary of Defense, the Secretary of the Navy, the Secretary of the Air Force, and the Committees on Veterans’ Affairs of the House of Representatives and the Senate the study.

(2) REPORT.—Not later than December 31, 2025, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report on the study under subsection (a), including—

(A) the specific actions the Secretary is taking to ensure that the study informs the evaluation of disability claims made to the Secretary, including with respect to providing guidance to claims examiners and revising the schedule of ratings for disabilities under chapter 11 of title 38, United States Code; and

(B) any recommendations of the Secretary.

(3) FORM.—The report under paragraph (2) shall be submitted in unclassified form.

(d) Covered individual defined.—In this section, the term “covered individual” means an individual who served in the regular or reserve components of the Navy, Air Force, or Marine Corps, as an air crew member of a fixed-wing aircraft or personnel supporting generation of the aircraft, including pilots, navigators, weapons systems operators, aircraft system operators, personnel associated with aircraft maintenance, supply, logistics, fuels, or transportation, and any other crew member who regularly flew in an aircraft or was required to complete the mission of the aircraft.

SEC. 5118. FEASIBILITY STUDY ON INCLUSION ON THE VIETNAM VETERANS MEMORIAL WALL OF THE NAMES OF THE LOST CREW MEMBERS OF THE USS FRANK E. EVANS KILLED ON JUNE 3, 1969.

(a) In general.—The Secretary of Defense shall conduct a study to determine the feasibility of including on the Vietnam Veterans Memorial Wall in the District of Columbia the names of the 74 crew members of the USS Frank E. Evans in service who were killed on June 3, 1969. Such study shall include a determination of—

(1) the cost of including such names; and

(2) whether there is sufficient space on the Wall for the inclusion of such names.

(b) Consultation.—In conducting the study required under subsection, the Secretary shall consult with members of the Frank E. Evans Association, as well as survivors and family members of the crew members who were killed.

SEC. 5119. Limitation on copayments for contraception.

Section 1722A(a)(2) of title 38, United States Code, is amended—

(1) by striking “to pay” and all that follows through the period and inserting “to pay—”; and

(2) by adding at the end the following new subparagraphs:

“(A) an amount in excess of the cost to the Secretary for medication described in paragraph (1); or

“(B) an amount for any contraceptive item for which coverage under health insurance coverage is required without the imposition of any cost-sharing requirement pursuant to section 2713(a)(4) of the Public Health Service Act (42 U.S.C. 300gg–13(a)(4)).”.

SEC. 5120. Requirement for timely scheduling of appointments at medical facilities of Department of Veterans Affairs.

(a) Requirement.—Chapter 17 of title 38, United States Code, is amended—

(1) by redesignating section 1706A as section 1706B; and

(2) by inserting after section 1706 the following new section:

“§ 1706A. Management of health care: timely scheduling of appointments at Department facilities

“(a) Requirement for scheduling.—In managing the provision of hospital care and medical services at medical facilities of the Department of Veterans Affairs under this chapter, the Secretary shall ensure that whenever a covered veteran contacts the Department by telephone to request the scheduling of an appointment for care or services for the covered veteran at such a facility, the scheduling for the appointment occurs during that telephone call (regardless of the prospective date of the appointment being scheduled).

“(b) Covered veteran defined.—In this section, the term ‘covered veteran’ means a veteran who is enrolled in the system of patient enrollment of the Department under section 1705(a) of this title.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by striking the item relating to section 1706A and inserting the following new items:

“1706A. Management of health care: timely scheduling of appointments at Department facilities.
“1706B. Remediation of medical service lines.”.

(c) Applicability.—The amendments made by subsection (a) shall apply with respect to requests for appointment scheduling occurring on or after the date that is 120 days after the date of the enactment of this Act.

SEC. 5121. Provision by Department of Veterans Affairs health care providers of recommendations and opinions regarding veteran participation in State marijuana programs.

(a) In general.—Notwithstanding any other provision of law, the Secretary of Veterans Affairs shall authorize physicians and other health care providers employed by the Department of Veterans Affairs to—

(1) provide recommendations and opinions to veterans who are residents of States with State marijuana programs regarding the participation of veterans in such State marijuana programs; and

(2) complete forms reflecting such recommendations and opinions.

(b) State defined.—In this section, the term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, and each federally recognized Indian Tribe.

SEC. 5122. Annual report from the advisory committee on women veterans.

Subsection (c)(1) of section 542 of title 38, United States Code, is amended by striking “even-numbered year” and inserting “year”.

SEC. 5123. VA payments or allowances for beneficiary travel.

Section 111(g) of title 38, United States Code, is amended—

(1) by striking “(1) Beginning one year after the date of the enactment of the Caregivers and Veterans Omnibus Health Services Act of 2010, the Secretary may” and inserting “The Secretary shall”;

(2) by striking “to be” and inserting “to be at least”; and

(3) by striking paragraph (2).

SEC. 5124. Improvement of Vet Centers at Department of Veterans Affairs.

(a) Productivity expectations for readjustment counselors of Vet Centers.—

(1) EVALUATION OF PRODUCTIVITY EXPECTATIONS.—Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall evaluate productivity expectations for readjustment counselors of Vet Centers, including by obtaining systematic feedback from counselors on such expectations, including with respect to following:

(A) Any potential effects of productivity expectations, whether positive or negative, on client care and the welfare of readjustment counselors.

(B) Distances readjustment counselors may travel to appointments, especially with respect to serving rural veterans.

(D) Availability and access of veteran populations to broadband and telehealth.

(E) Any effect of productivity expectations on readjustment counselors, including with respect to recruitment, retention, and welfare.

(F) Whether productivity expectations provide incentives or pressure to inaccurately report client visits.

(G) Whether directors and readjustment counselors of Vet Centers need additional training or guidance on how productivity expectations are calculated.

(H) Such other criteria as the Secretary considers appropriate.

(2) SYSTEMATIC FEEDBACK.—

(A) IN GENERAL.—The Secretary shall—

(i) make every effort to ensure that all readjustment counselors of Vet Centers are given the opportunity to fully provide feedback, positive or negative, including through a survey containing open- and close-ended questions, on all items under paragraph (1);

(ii) in obtaining feedback under paragraph (1), ensure that the items under paragraph (1) are adequately and completely addressed in a way that permits responses to be relevant to the evaluation of productivity expectations;

(iii) collect and safely store the feedback obtained under paragraph (1)—

(I) in an electronic database that cannot be altered by any party;

(II) in an anonymized manner, in order to protect the privacy of each respondent; and

(III) in a manner that allows for evaluation by third parties of the feedback, such as audit of the feedback by the Government Accountability Office; and

(iv) provide the feedback obtained under paragraph (1) in an anonymized manner to the working group established under subsection (c).

(B) GOVERNMENT ACCOUNTABILITY OFFICE AUDIT.—Not less frequently than once each year during the five-year period beginning on the date of the enactment of this Act, the Comptroller General of the United States shall audit the feedback obtained from readjustment counselors of Vet Centers under paragraph (1).

(3) IMPLEMENTATION OF CHANGES.—Not later than 90 days after the date of the completion of the evaluation required by paragraph (1), the Secretary shall implement any needed changes to the productivity expectations described in such paragraph in order to ensure—

(A) quality of care and access to care for veterans; and

(B) the welfare of readjustment counselors.

(4) REPORT TO CONGRESS.—Not later than 180 days after the date of the completion of the evaluation required by paragraph (1), the Secretary shall submit to Congress a report on—

(A) the findings of the evaluation; and

(B) any planned or implemented changes described in paragraph (3).

(5) PLAN FOR REASSESSMENT AND IMPLEMENTATION.—

(A) PLAN.—Not later than one year after the date of the enactment of this Act, the Secretary shall develop and implement a plan for—

(i) reassessing productivity expectations for readjustment counselors of Vet Centers, in consultation with such counselors; and

(ii) implementing any needed changes to such expectations, as the Secretary determines appropriate.

(B) REASSESSMENTS.—Under the plan required by subparagraph (A), the Secretary shall conduct a reassessment described in such paragraph not less frequently than once each year.

(b) Staffing model for Vet Centers.—

(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall develop and implement a staffing model for Vet Centers that incorporates key practices in the design of such staffing model.

(2) ELEMENTS.—In developing the staffing model under paragraph (1), the Secretary shall—

(A) involve key stakeholders, including readjustment counselors, outreach specialists, and directors of Vet Centers;

(B) incorporate key work activities and the frequency and time required to conduct such activities;

(D) incorporate—

(i) risk factors, including case complexity;

(ii) geography;

(iii) availability, advisability, and willingness of veterans to use telehealth or group counseling; and

(iv) such other factors as the Secretary considers appropriate.

(3) PLAN FOR ASSESSMENTS AND UPDATES.—Not later than one year after the date of the enactment of this Act, the Secretary shall develop a plan for—

(A) assessing and updating the staffing model developed and implemented under paragraph (1) not less frequently than once every four years; and

(B) implementing any needed changes to such model, as the Secretary determines appropriate.

(1) IN GENERAL.—In conducting the evaluation of productivity expectations under subsection (a) (1) and developing the staffing model for Vet Centers under subsection (b)(1), the Secretary of Veterans Affairs shall establish a working group to assess—

(A) the efficacy, impact, and composition of performance metrics for such expectations with respect to—

(i) quality of care and access to care for veterans; and

(ii) the welfare of readjustment counselors and other employees of Vet Centers; and

(B) key considerations for the development of such staffing model, including with respect to—

(i) quality of care and access to care for veterans and other individuals eligible for care through Vet Centers; and

(ii) recruitment, retention, and welfare of employees of Vet Centers.

(2) MEMBERSHIP.—The working group established under paragraph (1) shall be composed of readjustment counselors, outreach specialists, and directors of Vet Centers.

(3) FEEDBACK AND RECOMMENDATIONS.—The working group established under paragraph (1) shall provide to the Secretary—

(A) feedback from readjustment counselors, outreach specialists, and directors of Vet Centers; and

(B) recommendations on how to improve—

(i) quality of care and access to care for veterans; and

(ii) the welfare of readjustment counselors and other employees of Vet Centers.

(d) Improvements of hiring practices at Vet Centers.—

(1) STANDARDIZATION OF POSITION DESCRIPTIONS.—

(A) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall standardize descriptions of position responsibilities at Vet Centers.

(B) REPORTING REQUIREMENT.—In each of the first two annual reports submitted under section 7309(e) of title 38, United States Code, after the date of the enactment of this Act, the Secretary shall include a description of the actions taken by the Secretary to carry out subparagraph (A).

(2) EXPANSION OF REPORTING REQUIREMENTS ON READJUSTMENT COUNSELING TO INCLUDE ACTIONS TO REDUCE STAFFING VACANCIES AND TIME TO HIRE.—Section 7309(e)(2) of title 38, United States Code, is amended by adding at the end the following new subparagraph:

“(D) A description of actions taken by the Secretary to reduce—

“(i) vacancies in counselor positions in the Readjustment Counseling Service; and

“(ii) the time it takes to hire such counselors.”.

(e) Report by Government Accountability Office on Vet Center infrastructure and future investments.—

(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on physical infrastructure and future investments with respect to Vet Centers.

(2) ELEMENTS.—The report required by paragraph (1) shall include the following:

(A) An assessment of—

(i) the condition of the physical infrastructure of all assets of Vet Centers, whether owned or leased by the Department of Veterans Affairs; and

(ii) the short-, medium-, and long-term plans of the Department to maintain and upgrade the physical infrastructure of Vet Centers to address the operational needs of Vet Centers as of the date of the submittal of the report and future needs.

(B) An assessment of management and strategic planning for the physical infrastructure of Vet Centers, including whether the Department should buy or lease existing or additional locations in areas with stable or growing populations of veterans.

(C) An assessment of whether, as of the date of the submittal of the report, Vet Center buildings, mobile Vet Centers, community access points, and similar infrastructure are sufficient to care for veterans or if such infrastructure is negatively affecting care due to limited space for veterans and Vet Center personnel or other factors.

(D) An assessment of the areas with the greatest need for investments in—

(i) improved physical infrastructure, including upgraded Vet Centers; or

(ii) additional physical infrastructure for Vet Centers, including new Vet Centers owned or leased by the Department.

(E) A description of the authorities and resources that may be required for the Secretary to make such investments.

(F) A review of all annual reports submitted under 7309(e) of title 38, United States Code, before the date of the submittal of the report under paragraph (1).

(f) Pilot program to combat food insecurity among veterans and family members of veterans.—

(1) IN GENERAL.—Not later than 18 months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a pilot program to award grants to eligible entities to support partnerships that address food insecurity among veterans and family members of veterans who receive services through Vet Centers or other facilities of the Department as determined by the Secretary.

(2) DURATION OF PILOT.—The Secretary shall carry out the pilot program for a three-year period beginning on the date of the establishment of the pilot program.

(3) TRAINING AND TECHNICAL ASSISTANCE.—The Secretary may provide eligible entities receiving grant funding under the pilot program with training and technical assistance on the provision of food insecurity assistance services to veterans and family members of veterans.

(4) ELIGIBLE ENTITIES.—For purposes of the pilot program, an eligible entity is—

(A) a nonprofit organization;

(B) an organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code;

(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.

(D) Such other criteria as the Secretary considers appropriate.

(7) DISTRIBUTION.—The Secretary shall ensure, to the extent practicable, an equitable geographic distribution of grants awarded under this subsection.

(8) MINIMUM PROGRAM REQUIREMENTS.—Any grant awarded under this subsection shall be used—

(A) to coordinate with the Secretary with respect to the provision of assistance to address food insecurity among veterans and family members of veterans described in paragraph (1);

(B) to increase participation in nutrition counseling programs and provide educational materials and counseling to veterans and family members of veterans to address food insecurity and healthy diets among those individuals;

(C) to increase access to and enrollment in Federal assistance programs, including the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), the low-income home energy assistance program established under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.), and any other assistance program that the Secretary considers advisable; and

(D) to fulfill such other criteria as the Secretary considers appropriate to further the purpose of the grant and serve veterans.

(9) PROVISION OF INFORMATION.—Each entity that receives a grant under this subsection shall provide to the Secretary, at least once each year during the duration of the grant term, data on—

(A) the number of veterans and family members of veterans screened for, and enrolled in, programs described in subparagraphs (B) and (C) of paragraph (8);

(B) other services provided by the entity to veterans and family members of veterans using funds from the grant; and

(10) REPORT ON DATA COLLECTED.—For each year of operation of the pilot program, the Secretary shall submit to the appropriate committees of Congress a report on the data collected under paragraph (9) during such year.

(11) GOVERNMENT ACCOUNTABILITY OFFICE REPORT.—

(A) IN GENERAL.—Not later than one year after the date on which the pilot program terminates, the Comptroller General of the United States shall submit to Congress a report evaluating the effectiveness and outcomes of the activities carried out under this subsection in reducing food insecurity among veterans and family members of veterans.

(B) ELEMENTS.—The report required by subparagraph (A) shall include the following:

(i) A summary of the activities carried out under this subsection.

(ii) An assessment of the effectiveness and outcomes of the grants awarded under this subsection, including with respect to eligibility screening contacts, application assistance consultations, and changes in food insecurity among the population served by the grant.

(iii) Best practices regarding the use of partnerships to improve the effectiveness and outcomes of public benefit programs to address food insecurity among veterans and family members of veterans.

(iv) An assessment of the feasibility and advisability of making the pilot program permanent and expanding to other locations.

(12) AUTHORIZATION OF APPROPRIATIONS.—

(A) IN GENERAL.—There is authorized to be appropriated to carry out the pilot program established under paragraph (1) $15,000,000 for each fiscal year in which the program is carried out, beginning with the fiscal year in which the program is established.

(B) ADMINISTRATIVE EXPENSES.—Of the amounts authorized to be appropriated under subparagraph (A), not more than ten percent may be used for administrative expenses of the Department of Veterans Affairs associated with administering grants under this subsection.

(13) DEFINITIONS.—In this subsection:

(A) The term “appropriate committees of Congress” means—

(i) the Committee on Veterans’ Affairs, the Committee on Appropriations, and the Committee on Agriculture, Nutrition, and Forestry of the Senate; and

(ii) the Committee on Veterans’ Affairs, the Committee on Appropriations, and the Committee on Agriculture of the House of Representatives.

(B) The term “facilities of the Department” has the meaning given that term in section 1701(3) of title 38, United States Code.

(C) The term “institution of higher education” has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

(D) The term “public agency” means a department, agency, other unit, or instrumentality of Federal, State, Tribal, or local government.

(E) The term “State” has the meaning given that term in section 101(20) of title 38, United States Code.

(F) The term “veteran” means an individual who served in the Armed Forces, including an individual who served in a reserve component of the Armed Forces, and who was discharged or released therefrom, regardless of the conditions of such discharge or release.

(g) Definition of Vet Center.—In this section, the term “Vet Center” has the meaning given that term in section 1712A(h) of title 38, United States Code.

SEC. 5125. Secretary of Veterans Affairs study on VA Home Loan Benefit.

(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 a loan 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 6 months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall 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 shall publish such report on the website of the Department of Veterans Affairs.

SEC. 5126. GAO study on post-market surveillance of medical devices by Department of Veterans Affairs.

(a) Study.—The Comptroller General of the United States shall conduct a study on the efforts of the Under Secretary of Veterans Affairs for Health relating to post-market surveillance of implantable medical devices.

(b) Report.—Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report on the findings of the study under subsection (a). Such report shall include the following:

(1) A description of the process used by the Veterans Health Administration for documenting implantable medical devices issued to patients.

(2) An evaluation of the capability of the Veterans Health Administration to identify, in a timely manner, adverse events and safety issues relating to implantable medical devices.

(3) An evaluation of the process for, and potential barriers to, the Under Secretary of Veterans Affairs for Health notifying patients of an implantable medical device recall.

(4) An evaluation of the accessibility of the adverse event reporting systems of the Veterans Health Administration for patients with disabilities.

(5) Recommendations to address gaps in such adverse event reporting systems, to better identify adverse events and safety issues from implantable medical devices.

SEC. 5127. Competitive pay for health care providers of the Department of Veterans Affairs.

Section 7451(c) of title 38, United States Code, is amended by adding at the end the following new paragraph:

“(4) (A) The director of each medical center of the Department of Veterans Affairs shall submit to the Secretary of Veterans Affairs an annual locality pay survey and rates of basic pay for covered positions at such medical center to ensure that pay rates remain competitive in the local labor market.

“(B) Not less than once per fiscal year, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on rates of basic pay for covered positions at medical centers of the Department.”.

SEC. 5128. Department of Veterans Affairs program to provide grants for certain veterans service organizations affected by the COVID–19 Pandemic.

(a) Grant program.—The Secretary of Veterans Affairs shall carry out a program under which the Secretary shall make grants to eligible organizations to offset costs relating to the COVID–19 pandemic incurred during the covered 2020 period.

(b) Eligible organizations.—To be eligible to receive a grant under the program, an organization shall be a veterans service organization that—

(1) as a result of the COVID–19 pandemic, experienced a loss of 50 percent or greater gross revenue during the covered 2020 period (compared to the gross revenue collected during the covered 2019 period); and

(2) submits to the Secretary an application in such form, at such time, and containing such information as the Secretary determines appropriate, including—

(A) information demonstrating the loss specified in paragraph (1); and

(B) a plan for the use of such grant.

(c) Use of grant amounts.—A veterans service organization that receives a grant under this section may only use the grant in accordance with the plan referred to in subsection (b)(2)(B) for the following expenses of the organization:

(1) Rent.

(2) Utilities.

(3) Scheduled mortgage payments.

(4) Scheduled debt payments.

(5) Other ordinary and necessary business expenses, including maintenance costs, administrative costs (including fees and licensing), State and local taxes and fees, operating leases, and insurance payments.

(d) Amount of grant.—A grant made to a veterans service organization under the program shall be in an amount equal to the aggregate cost of the activities specified in the plan referred to in subsection (b)(2)(B), except that any such grant may not exceed $50,000.

(e) Regulations.—Not later than 90 days after the date of the enactment of this Act, the Secretary shall prescribe regulations to carry out the grant program.

(f) Definitions.—In this section:

(1) The term “covered 2019 period” means the period beginning on April 1, 2019, and ending on December 31, 2019.

(2) The term “covered 2020 period” means the period beginning on April 1, 2020, and ending on December 31, 2020.

(3) The term “veterans service organization” means an organization that is chartered under part B of subtitle II of title 36, United States Code, and includes any local or area chapter, post, or other unit.

(g) Authorization of appropriations.—There is authorized to be appropriated to carry out this section $25,000,000, to remain available until expended.

SEC. 5129. Inclusion of veterans in housing planning.

(a) Public housing agency plans.—Section 5A(d)(1) of the United States Housing Act of 1937 (42 U.S.C. 1437c–1(d)(1)) is amended by striking “and disabled families” and inserting “, disabled families, and veterans (as such term is defined in section 101 of title 38, United States Code)”.

(b) Comprehensive housing affordability strategies.—

(1) IN GENERAL.—Section 105 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705) is amended—

(A) in subsection (b)(1), by inserting “veterans (as such term is defined in section 101 of title 38, United States Code),” after “acquired immunodeficiency syndrome,”;

(B) in subsection (b)(20), by striking “and service” and inserting “veterans service, and other service”; and

(C) in subsection (e)(1), by inserting “veterans (as such term is defined in section 101 of title 38, United States Code),” after “homeless persons,”.

(2) CONSOLIDATED PLANS.—The Secretary of Housing and Urban Development shall revise the regulations relating to submission of consolidated plans (part 91 of title 24, Code of Federal Regulations) in accordance with the amendments made by paragraph (1) of this subsection to require inclusion of appropriate information relating to veterans and veterans service agencies in all such plans.

SEC. 5130. Annual report on housing assistance to veterans.

(a) In general.—Not later than December 31 of each year, the Secretary of Housing and Urban Development shall submit a report on the activities of the Department of Housing and Urban Development relating to veterans during such year to the following:

(1) The Committee on Banking, Housing, and Urban Affairs of the Senate.

(2) The Committee on Veterans' Affairs of the Senate.

(3) The Committee on Appropriations of the Senate.

(4) The Committee on Financial Services of the House of Representatives.

(5) The Committee on Veterans' Affairs of the House of Representatives.

(6) The Committee on Appropriations of the House of Representatives.

(7) The Secretary of Veterans Affairs.

(b) Contents.—Each report required under subsection (a) shall include the following information with respect to the year for which the report is submitted:

(1) The number of homeless veterans provided assistance under the program of housing choice vouchers for homeless veterans under section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)), the socioeconomic characteristics and racial characteristics of such homeless veterans, and the number, types, and locations of entities contracted under such section to administer the vouchers.

(2) The number of homeless veterans provided assistance under the Tribal HUD–VA Supportive Housing Program (HUD–VASH) authorized by the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113–235; 128 Stat. 2733), the socioeconomic characteristics and racial characteristics of such homeless veterans, and the number, types, and locations of entities contracted under such section to administer the vouchers.

(3) A summary description of the special considerations made for veterans under public housing agency plans submitted pursuant to section 5A of the United States Housing Act of 1937 (42 U.S.C. 1437c–1) and under comprehensive housing affordability strategies submitted pursuant to section 105 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705).

(4) A description of the activities of the Special Assistant for Veterans Affairs.

(5) A description of the efforts of the Department of Housing and Urban Development to coordinate the delivery of housing and services to veterans with other Federal departments and agencies, including the Department of Defense, Department of Justice, Department of Labor, Department of Health and Human Services, Department of Veterans Affairs, and the Interagency Council on Homelessness.

(6) The cost to the Department of Housing and Urban Development of administering the programs and activities relating to veterans.

(7) Any other information that the Secretary considers relevant in assessing the programs and activities of the Department of Housing and Urban Development relating to veterans.

(1) IN GENERAL.—For the first report submitted pursuant to subsection (a) and every fifth report thereafter, the Secretary of Housing and Urban Development shall—

(A) conduct an assessment of the housing needs of very low-income veteran families (as such term is defined in paragraph 5); and

(B) shall include in each such report findings regarding such assessment.

(2) CONTENT.—Each assessment under this subsection shall include—

(A) conducting a survey of, and direct interviews with, a representative sample of very low-income veteran families (as such term is defined in paragraph 5) to determine past and current—

(i) socioeconomic characteristics of such veteran families;

(ii) barriers to such veteran families obtaining safe, quality, and affordable housing;

(iii) levels of homelessness among such veteran families; and

(iv) levels and circumstances of, and barriers to, receipt by such veteran families of rental housing and homeownership assistance; and

(B) such other information that the Secretary determines, in consultation with the Secretary of Veterans Affairs and national nongovernmental organizations concerned with veterans, homelessness, and very low-income housing, may be useful to the assessment.

(3) CONDUCT.—If the Secretary contracts with an entity other than the Department of Housing and Urban Development to conduct the assessment under this subsection, such entity shall be a nongovernmental organization determined by the Secretary to have appropriate expertise in quantitative and qualitative social science research.

(4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary of Housing and Urban Development, to be available until expended to carry out this subsection, $1,000,000.

(5) VERY LOW-INCOME VETERAN FAMILY.—The term “very low-income veteran family” means a veteran family whose income does not exceed 50 percent of the median income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish an income ceiling higher or lower than 50 percent of the median for the area on the basis of the Secretary’s findings that such variations are necessary because of prevailing levels of construction costs or fair market rents (as determined under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)).

SEC. 5131. Payments to individuals who served during World War II in the United States Merchant Marine.

(a) Establishment of Compensation Fund.—Subchapter II of chapter 5 of title 38, United States Code, is amended by adding at the end the following new section:

“§ 534. Merchant Mariner Equity Compensation Fund

“(a) Compensation Fund.— (1) There is in the general fund of the Treasury a fund to be known as the ‘Merchant Mariner Equity Compensation Fund’ (in this section referred to as the ‘compensation fund’).

“(2) Subject to the availability of appropriations provided in advance in a appropriations Act specifically for the purpose of carrying out this section, and no other funding source, amounts in the compensation fund shall be available to the Secretary without fiscal year limitation to make payments to eligible individuals in accordance with this section.

“(b) Eligible Individuals.— (1) An eligible individual is an individual who—

“(A) during the one-year period beginning on the date of the enactment of this section, submits to the Secretary an application containing such information and assurances as the Secretary may require;

“(B) has not received benefits under the Servicemen's Readjustment Act of 1944 (Public Law 78–346); and

“(C) has engaged in qualified service.

“(2) For purposes of paragraph (1), a person has engaged in qualified service if, between December 7, 1941, and December 31, 1946, the person—

“(A) was a member of the United States merchant marine (including the Army Transport Service and the Naval Transport Service) serving as a crewmember of a vessel that was—

“(i) operated by the War Shipping Administration or the Office of Defense Transportation (or an agent of the Administration or Office);

“(ii) operated in waters other than inland waters, the Great Lakes, and other lakes, bays, and harbors of the United States;

“(iii) under contract or charter to, or property of, the Government of the United States; and

“(iv) serving the Armed Forces; and

“(B) while so serving, was licensed or otherwise documented for service as a crewmember of such a vessel by an officer or employee of the United States authorized to license or document the person for such service.

“(3) In determining the information and assurances required in the application pursuant to paragraph (1)(A), the Secretary shall accept a DD–214 form as proof of qualified service.

“(c) Amount of Payment.—The Secretary shall make one payment out of the compensation fund in the amount of $25,000 to an eligible individual. The Secretary shall make such a payment to eligible individuals in the order in which the Secretary receives the applications of the eligible individuals. Payments may only be made subject to the availability of funds provided in advance in an appropriations Act for this purpose.

“(d) Authorization of Appropriations.—There is authorized to be appropriated for fiscal year 2022 $125,000,000 for the compensation fund. Such amount shall remain available until expended.

“(e) Reports.—The Secretary shall include, in documents submitted to Congress by the Secretary in support of the President's budget for each fiscal year, detailed information on the operation of the compensation fund, including the number of applicants, the number of eligible individuals receiving benefits, the amounts paid out of the compensation fund, the administration of the compensation fund, and an estimate of the amounts necessary to fully fund the compensation fund for that fiscal year and each of the three subsequent fiscal years.

“(f) Regulations.—The Secretary shall prescribe regulations to carry out this section.”.

(b) Regulations.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall prescribe the regulations required under section 534(f) of title 38, United States Code, as added by subsection (a).

(c) Clerical Amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item related to section 532 the following new item:

“534. Merchant Mariner Equity Compensation Fund.”.

SEC. 5132. Expansion of eligibility for hospital care, medical services, and nursing home care from the Department of Veterans Affairs to include veterans of World War II.

Section 1710(a)(2)(E) of title 38, United States Code, is amended—

(1) by striking “of the Mexican border period or of World War I;” and inserting “of—”; and

(2) by adding at the end the following new clauses:

“(i) the Mexican border period;

“(ii) World War I; or

“(iii) World War II;”.

SEC. 5133. Pilot program on cybersecurity training for veterans and military spouses.

(a) Establishment.—Not later than 3 years after the date of enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of Veterans Affairs, shall establish a pilot program under which the Secretary of Homeland Security shall provide cybersecurity training to eligible individuals at no cost to such individuals.

(b) Elements.—The cybersecurity training provided under the pilot program shall include—

(1) coursework and training that, if applicable, qualifies for postsecondary credit toward an associate or baccalaureate degree at an institution of higher education;

(2) virtual learning opportunities;

(3) hands-on learning and performance-based assessments;

(4) Federal work-based learning opportunities and programs; and

(5) the provision of recognized postsecondary credentials to eligible individuals who complete the pilot program.

(1) IN GENERAL.—To be eligible for the pilot program under this section an individual shall be—

(A) a veteran who is entitled to educational assistance under chapter 30, 32, 33, 34, or 35 of title 38, United States Code, or chapter 1606 of title 10, United States Code;

(B) a member of an active or a reserve component of the Armed Forces who the Secretary determines will become an eligible individual under paragraph (1) within 180 days of the date of such determination; or

(2) NO CHARGE TO ENTITLEMENT.—In the case of an individual described in paragraph (1)(A), training under this section shall be provided to the individual without charge to the entitlement of the individual to educational assistance under the laws administered by the Secretary of Veterans Affairs.

(d) Alignment with NICE workforce framework for cybersecurity.—In carrying out the pilot program, the Secretary shall ensure alignment with the taxonomy, including work roles and competencies and the associated tasks, knowledge, and skills, from the National Initiative for Cybersecurity Education Workforce Framework for Cybersecurity (NIST Special Publication 800–181, Revision 1), or successor framework.

(e) Coordination.—

(1) TRAINING, PLATFORMS, AND FRAMEWORKS.—In developing the pilot program, the Secretary of Homeland Security shall coordinate with the Secretary of Veterans Affairs, the Secretary of Defense, the Secretary of Labor, the Director of the National Institute of Standards and Technology, and the Director of the Office of Personnel Management to evaluate and, where possible, leverage existing training, platforms, and frameworks of the Federal Government for providing cybersecurity education and training to prevent duplication of efforts.

(2) FEDERAL WORK-BASED LEARNING OPPORTUNITIES AND PROGRAMS.—In developing the Federal work-based learning opportunities and programs required under subsection (b)(4), the Secretary of Homeland Security shall coordinate with the Secretary of Veterans Affairs, the Secretary of Defense, the Secretary of Labor, the Director of the Office of Personnel Management, and the heads of other appropriate Federal agencies to identify or create, as necessary, interagency opportunities to provide participants in the pilot program with—

(A) opportunities to acquire and demonstrate competencies; and

(B) the capabilities necessary to qualify for Federal employment.

(f) Resources.—

(1) IN GENERAL.—In any case in which the pilot program—

(A) uses training, platforms, and frameworks described in subsection (e)(1), the Secretary of Homeland Security, in consultation with the Secretary of Veterans Affairs, shall ensure that the trainings, platforms, and frameworks are expanded and resourced to accommodate usage by eligible individuals participating in the pilot program; or

(B) does not use training, platforms, and frameworks described in subsection (e)(1), the Secretary of Homeland Security, in consultation with the Secretary of Veterans Affairs, shall develop or procure training, platforms, and frameworks necessary to carry out the requirements of subsection (b) and accommodate the usage by eligible individuals participating in the pilot program.

(2) ACTIONS.—In carrying out paragraph (1), the Secretary of Homeland Security may provide additional funding, staff, or other resources to—

(A) recruit and retain women, underrepresented minorities, and individuals from other underrepresented communities;

(B) provide administrative support for basic functions of the pilot program;

(D) connect participants who complete the pilot program to job opportunities within the Federal Government; and

(E) allocate dedicated positions for term employment to enable Federal work-based learning opportunities and programs, as required under subsection (b)(4), for participants to gain the competencies necessary to pursue permanent Federal employment.

(g) Reports.—

(1) SECRETARY.—Not later than 2 years after the date on which the pilot program is established, and annually thereafter, the Secretary shall submit to Congress a report on the pilot program. Such report shall include—

(A) a description of—

(i) any activity carried out by the Department of Homeland Security under this section; and

(ii) the existing training, platforms, and frameworks of the Federal Government leveraged in accordance with subsection (e)(1); and

(B) an assessment of the results achieved by the pilot program, including—

(i) the admittance rate into the pilot program;

(ii) the demographics of participants in the program, including representation of women, underrepresented minorities, and individuals from other underrepresented communities;

(iii) the completion rate for the pilot program, including if there are any identifiable patterns with respect to participants who do not complete the pilot program;

(iv) as applicable, the transfer rates to other academic or vocational programs, and certifications and licensure exam passage rates;

(v) the rate of continued employment within a Federal agency for participants after completing the pilot program;

(vi) the rate of continued employment for participants after completing the pilot program; and

(vii) the median annual salary of participants who completed the pilot program and were subsequently employed.

(2) COMPTROLLER GENERAL.—Not later than 4 years after the date on which the pilot program is established, the Comptroller General of the United States shall submit to Congress a report on the pilot program, including the recommendation of the Comptroller General with respect to whether the pilot program should be extended.

(h) Definitions.—In this section:

(1) 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).

(2) The term “recognized postsecondary credential” has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).

(3) The term “veteran” has the meaning given the term in section 101 of title 38, United States Code.

(4) The term “work-based learning” has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).

(i) Termination.—The authority to carry out the pilot program under this section shall terminate on the date that is 5 years after the date on which the Secretary establishes the pilot program under this section.

(j) Federal cybersecurity workforce assessment extension.—Section 304(a) of the Federal Cybersecurity Workforce Assessment Act of 2015 (5 U.S.C. 301 note) is amended, in the matter preceding paragraph (1), by striking “2022” and inserting “2025”.

SEC. 5134. Department of Veterans Affairs awareness campaign on fertility services.

(a) Awareness campaign.—The Secretary of Veterans Affairs shall conduct an awareness campaign regarding the types of fertility treatments, procedures, and services covered under the medical benefits package of the Department of Veterans Affairs that are available to veterans experiencing issues with fertility.

(b) Modes of outreach.—In carrying out subsection (a), the Secretary shall ensure that a variety of modes of outreach are incorporated into the awareness campaign under such subsection, taking into consideration the age range of the veteran population.

(c) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report that includes a summary of the actions that have been taken to implement the awareness campaign under subsection (a) and how the Secretary plans to better engage women veterans, to ensure awareness of such veterans regarding covered fertility services available.

(d) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) the Committees on Armed Services of the House of Representatives and the Senate; and

(2) the Committees on Veterans’ Affairs of the House of Representatives and the Senate.

SEC. 5201. Chemical Security Analysis Center.

(a) In general.—Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.) is amended by adding at the end the following new section:

“SEC. 323. Chemical Security Analysis Center.

“(a) In general.—The Secretary, acting through the Under Secretary for Science and Technology, shall designate the laboratory described in subsection (b) as an additional laboratory pursuant to the authority under section 308(c)(2). Such laboratory shall be used to conduct studies and analyses for assessing the threat and hazards associated with an accidental or intentional large-scale chemical event or chemical terrorism event.

“(b) Laboratory described.—The laboratory described in this subsection is the laboratory known, as of the date of the enactment of this section, as the Chemical Security Analysis Center.

“(c) Laboratory activities.—The Chemical Security Analysis Center shall—

“(1) identify and develop countermeasures to chemical threats, including the development of comprehensive, research-based definable goals for such countermeasures;

“(2) provide an enduring science-based chemical threat and hazard analysis capability;

“(3) provide expertise in risk and consequence modeling, chemical sensing and detection, analytical chemistry, chemical toxicology, synthetic chemistry and reaction characterization, and nontraditional chemical agents and emerging chemical threats;

“(4) staff and operate a technical assistance program that provides operational support and subject matter expertise, design and execute laboratory and field tests, and provide a comprehensive knowledge repository of chemical threat information that is continuously updated with data from scientific, intelligence, operational, and private sector sources; and

“(5) carry out such other activities as the Secretary determines appropriate.

“(d) Rule of construction.—Nothing in this section may be construed as affecting in any manner the authorities or responsibilities of the Countering Weapons of Mass Destruction Office of the Department.”.

(b) Clerical amendment.—The table of contents in section 1(b) of the Homeland Security Act of 2002 amended by inserting after the item relating to section 322 the following new item:

“Sec. 323. Chemical Security Analysis Center.”.

SEC. 5202. National Cybersecurity Preparedness Consortium.

The National Cybersecurity Preparedness Consortium Act of 2021 (Public Law 117–122; 6 U.S.C. 652 note) is amended—

(1) in subsections (a) and (b), by striking “The Secretary may work with one or more consortia” each place it appears and inserting “The Secretary shall work with not fewer than three consortia”;

(2) in subsection (c)—

(A) in the matter preceding paragraph (1), by striking “In selecting a consortium” and inserting “In selecting the consortia”; and

(B) in paragraph (2), by striking “Geographic diversity of the members of any such consortium” and inserting “Regional diversity of such consortia, and geographic diversity of the members of such consortia,”; and

(3) in subsection (d), by striking “If the Secretary works with a consortium” and inserting “In working with the consortia”.

SEC. 5203. Report on cybersecurity roles and responsibilities of the Department of Homeland Security.

(a) In general.—Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the roles and responsibilities of the Department and its components relating to cyber incident response.

(b) Contents.—The report required under subsection (a) shall include the following:

(1) A review of how the cyber incident response plans under section 2210(c) of the Homeland Security Act of 2002 (6 U.S.C. 660(c)) are utilized in the Federal Government’s response to a cyber incident.

(2) An explanation of the roles and responsibilities of the Department of Homeland Security and its components with responsibility for, or in support of, the Federal Government’s response to a cyber incident, including primary responsibility for working with impacted private sector entities.

(3) An explanation of which and how authorities of the Department and its components are utilized in the Federal Government’s response to a cyber incident.

(4) Recommendations to provide further clarity for roles and responsibilities of the Department and its components relating to cyber incident response.

SEC. 5204. Exemption of certain Homeland Security fees for certain immediate relatives of an individual who received the Purple Heart.

(a) In general.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall include on a certain application or petition an opportunity for certain immediate relatives of an individual who was awarded the Purple Heart to identify themselves as such an immediate relative.

(b) Fee exemption.—The Secretary shall exempt certain immediate relatives of an individual who was awarded the Purple Heart, who identifies as such an immediate relative on a certain application or petition, from a fee with respect to a certain application or petition and any associated fee for biometrics.

(c) Pending applications and petitions.—The Secretary of Homeland Security may waive fees for a certain application or petition and any associated fee for biometrics for certain immediate relatives of an individual who was awarded the Purple Heart, if such application or petition is submitted not more than 90 days after the date of the enactment of this Act.

(d) Definitions.—In this section:

(1) CERTAIN APPLICATION OR PETITION.—The term “certain application or petition” means—

(A) an application using Form–400, Application for Naturalization (or any successor form); or

(B) a petition using Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant (or any successor form).

(2) CERTAIN IMMEDIATE RELATIVES OF AN INDIVIDUAL WHO WAS AWARDED THE PURPLE HEART.—The term “certain immediate relatives of an individual who was awarded the Purple Heart” means an immediate relative of a living or deceased member of the Armed Forces who was awarded the Purple Heart and who is not a person ineligible for military honors pursuant to section 985(a) of title 10, United States Code.

(3) IMMEDIATE RELATIVE.—The term “immediate relative” has the meaning given such term in section 201(b) of the Immigration and Nationality Act (8 U.S.C. 1151(b)).

SEC. 5205. Clarifications regarding scope of employment and reemployment rights of members of the uniformed services.

(a) Clarification regarding definition of rights and benefits.—Section 4303(2) of title 38, United States Code, is amended—

(1) by inserting “(A)” before “The term”; and

(2) by adding at the end the following new subparagraph:

“(B) Any procedural protections or provisions set forth in this chapter shall also be considered a right or benefit subject to the protection of this chapter.”.

(b) Clarification regarding relation to other law and plans for agreements.—Section 4302 of such title is amended by adding at the end the following:

“(c) (1) Pursuant to this section and the procedural rights afforded by subchapter III of this chapter, any agreement to arbitrate a claim under this chapter is unenforceable, unless all parties consent to arbitration after a complaint on the specific claim has been filed in court or with the Merit Systems Protection Board and all parties knowingly and voluntarily consent to have that particular claim subjected to arbitration.

“(2) For purposes of this subsection, consent shall not be considered voluntary when a person is required to agree to arbitrate an action, complaint, or claim alleging a violation of this chapter as a condition of future or continued employment, advancement in employment, or receipt of any right or benefit of employment.”.

SEC. 5206. Critical technology security centers.

(a) Critical technology security centers.—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. Critical Technology Security Centers.

“(a) Establishment.—Not later than 180 days after the date of the enactment of this section, the Secretary, acting through the Under Secretary for Science and Technology, and in coordination with the Director, shall award grants, contracts, or cooperative agreements to covered entities for the establishment of not fewer than two cybersecurity-focused Critical Technology Security Centers to evaluate and test the security of critical technology.

“(b) Evaluation and testing.—In carrying out the evaluation and testing of the security of critical technology pursuant to subsection (a), the Critical Technology Security Centers referred to in such subsection shall address the following technologies:

“(1) The security of information and communications technology that underpins national critical functions related to communications.

“(2) The security of networked industrial equipment, such as connected programmable data logic controllers and supervisory control and data acquisition servers.

“(3) The security of open source software that underpins national critical functions.

“(4) The security of critical software used by the Federal Government.

“(c) Addition or termination of centers.—

“(1) IN GENERAL.—The Under Secretary for Science and Technology may, in coordination with the Director, award or terminate grants, contracts, or cooperative agreements to covered entities for the establishment of additional or termination of existing Critical Technology Security Centers to address critical technologies.

“(2) LIMITATION.—The authority provided under paragraph (1) may be exercised except if such exercise would result in the operation at any time of fewer than two Critical Technology Security Centers.

“(d) Selection of critical technologies.—

“(1) IN GENERAL.—Before awarding a grant, contract, or cooperative agreement to a covered entity to establish a Critical Technology Security Center, the Under Secretary for Science and Technology shall coordinate with the Director, who shall provide the Under Secretary a list of critical technologies or specific guidance on such technologies that would be within the remit of any such Center.

“(2) EXPANSION AND MODIFICATION.—The Under Secretary for Science and Technology, in coordination with the Director, is authorized to expand or modify at any time the list of critical technologies or specific guidance on technologies referred to in paragraph (1) that is within the remit of a proposed or established Critical Technology Security Center.

“(e) Responsibilities.—In carrying out the evaluation and testing of the security of critical technology pursuant to subsection (a), the Critical Technology Security Centers referred to in such subsection shall each have the following responsibilities:

“(1) Conducting rigorous security testing to identify vulnerabilities in such technologies.

“(2) Utilizing the coordinated vulnerability disclosure processes established under subsection (g) to report to the developers of such technologies and, as appropriate, to the Cybersecurity and Infrastructure Security Agency, information relating to vulnerabilities discovered and any information necessary to reproduce such vulnerabilities.

“(3) Developing new capabilities for improving the security of such technologies, including vulnerability discovery, management, and mitigation.

“(4) Assessing the security of software, firmware, and hardware that underpin national critical functions.

“(5) Supporting existing communities of interest, including through grant making, in remediating vulnerabilities discovered within such technologies.

“(6) Utilizing findings to inform and support the future work of the Cybersecurity and Infrastructure Security Agency.

“(f) Risk based evaluations.—Unless otherwise directed pursuant to guidance issued by the Under Secretary or Director under subsection (d), to the greatest extent practicable activities carried out pursuant to the responsibilities specified in subsection (e) shall leverage risk-based evaluations to focus on activities that have the greatest effect practicable on the security of the critical technologies within each Critical Technology Security Center’s remit, such as the following:

“(1) Developing capabilities that can detect or eliminate entire classes of vulnerabilities.

“(2) Testing for vulnerabilities in the most widely used technology or vulnerabilities that affect many such critical technologies.

“(g) Coordinated vulnerability disclosure processes.—Each Critical Technology Security Center shall establish, in coordination with the Director, coordinated vulnerability disclosure processes regarding the disclosure of vulnerabilities that—

“(1) are adhered to when a vulnerability is discovered or disclosed by each such Center, consistent with international standards and coordinated vulnerability disclosure best practices; and

“(2) are published on the website of each such Center.

“(h) Application.—To be eligible for an award of a grant, contract, or cooperative agreement as a Critical Technology Security Center pursuant to subsection (a), a covered entity shall submit to the Secretary an application at such time, in such manner, and including such information as the Secretary may require.

“(i) Public reporting of vulnerabilities.—The Under Secretary for Science and Technology shall ensure that vulnerabilities discovered by a Critical Technology Security Center are reported to the National Vulnerability Database of the National Institute of Standards and Technology, as appropriate and using the coordinated vulnerability disclosure processes established under subsection (g).

“(j) Additional guidance.—The Under Secretary for Science and Technology, in coordination with the Director, shall develop, and periodically update, guidance, including eligibility and any additional requirements, relating to how Critical Technology Security Centers may award grants to communities of interest pursuant to subsection (e)(5) to remediate vulnerabilities and take other actions under such subsection and subsection (k).

“(k) Open source software security grants.—

“(1) IN GENERAL.—Any Critical Technology Security Center addressing open source software security may award grants, in consultation with the Under Secretary for Science and Technology and Director, to individual open source software developers and maintainers, nonprofit organizations, and other non-Federal entities as determined appropriate by any such Center, to fund improvements to the security of the open source software ecosystem.

“(2) IMPROVEMENTS.—A grant awarded under paragraph (1) may include improvements such as the following:

“(A) Security audits.

“(B) Funding for developers to patch vulnerabilities.

“(C) Addressing code, infrastructure, and structural weaknesses, including rewrites of open source software components in memory-safe programming languages.

“(D) Research and tools to assess and improve the overall security of the open source software ecosystem, such as improved software fault isolation techniques.

“(E) Training and other tools to aid open source software developers in the secure development of open source software, including secure coding practices and secure systems architecture.

“(3) PRIORITY.—In awarding grants under paragraph (1), a Critical Technology Security Center shall prioritize, to the greatest extent practicable, the following:

“(A) Where applicable, open source software components identified in guidance from the Director, or if no such guidance is so provided, utilizing the risk-based evaluation described in subsection (f).

“(B) Activities that most promote the long-term security of the open source software ecosystem.

“(l) Biennial reports to Under Secretary.—Not later than one year after the date of the enactment of this section and every two years thereafter, each Critical Technology Security Center shall submit to the Under Secretary for Science and Technology and Director a report that includes the following:

“(1) A summary of the work performed by such Center.

“(2) Information relating to the allocation of Federal funds at such Center.

“(3) A description of each vulnerability that has been publicly disclosed pursuant to subsection (g), including information relating to the corresponding software weakness.

“(4) An assessment of the criticality of each such vulnerability.

“(5) A list of critical technologies studied by such Center.

“(6) An overview of the methodologies used by such Center, such as tactics, techniques, and procedures.

“(7) A description of such Center’s development of capabilities for vulnerability discovery, management, and mitigation.

“(8) A summary of such Center’s support to existing communities of interest, including an accounting of dispersed grant funds.

“(9) For such Center, if applicable, a summary of any grants awarded during the period covered by the report that includes the following:

“(A) An identification of the entity to which each such grant was awarded.

“(B) The amount of each such grant.

“(C) The purpose of each such grant.

“(D) The expected impact of each such grant.

“(10) The coordinated vulnerability disclosure processes established by such Center.

“(m) Reports to Congress.—Upon receiving the reports required under subsection (l), the Under Secretary for Science and Technology shall submit to the appropriate congressional committees a report that includes, with respect to each Critical Technology Security Center, the reports received in subsection (l). Where applicable, the Under Secretary shall include an explanation for any deviations from the list of critical technologies studied by a Center from the list of critical technologies or specific guidance relating to such technologies provided by the Director before the distribution of funding to such Center.

“(n) Consultation with relevant agencies.—In carrying out this section, the Under Secretary shall consult with the heads of other Federal agencies conducting cybersecurity research, including the following:

“(1) The National Institute of Standards and Technology.

“(2) The National Science Foundation.

“(3) Relevant agencies within the Department of Energy.

“(4) Relevant agencies within the Department of Defense.

“(o) Authorization of appropriations.—There are authorized to be appropriated to carry out this section the following:

“(1) $40,000,000 for fiscal year 2023.

“(2) $42,000,000 for fiscal year 2024.

“(3) $44,000,000 for fiscal year 2025.

“(4) $46,000,000 for fiscal year 2026.

“(5) $49,000,000 for fiscal year 2027.

“(p) Definitions.—In this section:

“(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means—

“(A) the Committee on Homeland Security of the House of Representatives; and

“(B) the Committee on Homeland Security and Governmental Affairs of the Senate.

“(2) COVERED ENTITY.—The term ‘covered entity’ means a university or federally-funded research and development center, including a national laboratory, or a consortia thereof.

“(3) CRITICAL TECHNOLOGY.—The term ‘critical technology’ means technology that underpins one or more national critical functions.

“(4) CRITICAL SOFTWARE.—The term ‘critical software’ has the meaning given such term by the National Institute of Standards and Technology pursuant to Executive Order 14028 or any successor provision.

“(5) OPEN SOURCE SOFTWARE.—The term ‘open source software’ means software for which the human-readable source code is made available to the public for use, study, re-use, modification, enhancement, and redistribution.

“(6) DIRECTOR.—The term ‘Director’ means the Director of the Cybersecurity and Infrastructure Security Agency.”.

(b) Identification of certain technology.—Paragraph (1) of section 2202(e) of the Homeland Security Act of 2002 (6 U.S.C. 603(e)) is amended by adding at the end the following new subparagraph:

“(S) To identify the critical technologies (as such term is defined in section 323) or develop guidance relating to such technologies within the remits of the Critical Technology Security Centers as described in such section.”.

(c) 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 322 the following new item:

“Sec. 323. Critical Technology Security Centers.”.

SEC. 5207. Systemically important entities.

(a) Identification of systemically important entities.—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. 2220D. Procedure for designation of systemically important entities.

“(a) Establishment of criteria and procedures.—

“(1) IN GENERAL.—Not later than 12 months after the date of the enactment of this section, the Secretary, acting through the Director, in consultation with the National Cyber Director, Sector Risk Management Agencies, the Critical Infrastructure Partnership Advisory Council, and, as appropriate, other government and nongovernmental entities, shall establish criteria and procedures for identifying and designating certain entities as systemically important entities for purposes of this section.

“(2) CONSIDERATION.—In establishing the criteria for designation under paragraph (1), the Secretary shall consider the following:

“(A) The consequences that a disruption to a system, asset, or facility under an entity’s control would have on one or more national critical functions.

“(B) The degree to which the entity has the capacity to engage in operational collaboration with the Agency, and the degree to which such operational collaboration would benefit national security.

“(C) The entity’s role and prominence within critical supply chains or in the delivery of critical functions.

“(D) Any other factors the Secretary determines appropriate.

“(3) ELEMENTS.—The Secretary shall develop a mechanism for owners and operators of critical infrastructure to submit information to assist the Secretary in making designations under this subsection.

“(b) Designation of systemically important entities.—

“(1) IN GENERAL.—The Secretary, using the criteria and procedures established under subsection (a)(1) and any supplementary information submitted under subsection (a)(3), shall designate certain entities as systemically important entities.

“(2) NOTIFICATION OF DESIGNATION STATUS.—The Secretary shall notify designees within 30 days of designation or dedesignation, with an explanation of the basis for such determination.

“(3) REGISTER.—The Secretary shall maintain and routinely update a list, or register, of such entities, with contact information.

“(4) LIMITATIONS.—

“(A) IN GENERAL.—The number of designated entities shall not exceed 200 in total.

“(B) SUNSET.—Beginning on the date that is four years after the date of the enactment of this section, the Secretary, after consultation with the Director, may increase the number of designated entities provided—

“(i) such number does not exceed 150 percent of the prior maximum;

“(ii) the Secretary publishes such new maximum number in the Federal Register; and

“(iii) such new maximum number has not been changed in the immediately preceding four years.

“(c) Redress.—

“(1) IN GENERAL.—Subject to paragraph (2), the Secretary shall develop a mechanism, consistent with subchapter II of chapter 5 of title 5, United States Code, for an entity notified under subsection (b)(2) to present evidence that the Secretary should reverse—

“(A) the designation of a facility, system, or asset as systemically important critical infrastructure;

“(B) the determination that a facility, system, or asset no longer constitutes systemically important critical infrastructure; or

“(C) a final judgment entered in a civil action seeking judicial review brought in accordance with paragraph (2).

“(2) APPEAL TO FEDERAL COURT.—A civil action seeking judicial review of a final agency action taken under the mechanism developed under paragraph (1) shall be filed in the United States District Court for the District of Columbia.

“(d) Reporting for systemically important entities.—

“(1) IN GENERAL.—Not later than two years after the date of the enactment of this section, the Secretary, acting through the Director, in consultation with the National Cyber Director, Sector Risk Management Agencies, the CISA Cybersecurity Advisory Committee, and relevant government and nongovernment entities, shall establish reporting requirements for systemically important entities.

“(2) REQUIREMENTS.—The requirements established under subsection (a) shall directly support the Department’s ability to understand and prioritize mitigation of risks to national critical functions and ensure that any information obtained by a systemically important entity pursuant to this section is properly secured.

“(3) REPORTED INFORMATION.—The requirements under paragraph (2) may include obligations for systemically important entities to—

“(A) identify critical assets, systems, suppliers, technologies, software, services, processes, or other dependencies that would inform the Federal Government’s understanding of the risks to national critical functions present in the entity’s supply chain;

“(B) associate specific third-party entities with the supply chain dependencies identified under subparagraph (A);

“(C) detail the supply chain risk management practices put in place by the systemically important entity, including, where applicable, any known security and assurance requirements for third-party entities under subparagraph (B); and

“(D) identify any documented security controls or risk management practices that third-party entities have enacted to ensure the continued delivery of critical services to the systemically important entity.

“(4) DUPLICATIVE REQUIREMENTS.—

“(A) IN GENERAL.—The Secretary shall coordinate with the head of any Federal agency with responsibility for regulating the security of a systemically important entity to determine whether the reporting requirements under this subsection may be fulfilled by any reporting requirement in effect on the date of the enactment of this section or subsequently enacted after such date.

“(B) EXISTING REQUIRED REPORTS.—If the Secretary determines that an existing reporting requirement for a systemically important entity substantially satisfies the reporting requirements under this subsection, the Secretary shall accept such report and may not require a such entity to submit an alternate or modified report.

“(C) COORDINATION.—The Secretary shall coordinate with the head any Federal agency with responsibilities for regulating the security of a systemically important entity to eliminate any duplicate reporting or compliance requirements relating to the security or resiliency of such entities.

“(e) Intelligence support to systemically important entities.—

“(1) IDENTIFICATION OF INFORMATION NEEDS.—Not later than one year after the date of the enactment of this section, the Secretary, acting through the Director, shall establish a process to solicit and compile relevant information from Sector Risk Management Agencies and any other relevant Federal agency to inform and identify common information needs and interdependencies across systemically important entities.

“(2) INTERDEPENDENCIES AND RISK IDENTIFICATION.—In establishing the process under paragraph (1), the Secretary, acting through the Director, shall incorporate methods and procedures—

“(A) to identify the types of information needed to understand interdependence of systemically important entities and areas where a nation-state adversary may target to cause widespread compromise or disruption, including—

“(i) common technologies, including hardware, software, and services, used within systemically important entities;

“(ii) critical lines of businesses, services, processes, and functions on which multiple systemically important entities are dependent;

“(iii) specific technologies, components, materials, or resources on which multiple systemically important entities are dependent; and

“(iv) Federal, State, local, Tribal, or territorial government services, functions, and processes on which multiple systemically important entities are dependent; and

“(B) to associate specific systemically important entities with the information identified under subparagraph (A),

“(3) INFORMATION NEEDS AND INDICATIONS AND WARNING.—In establishing the process under paragraph (1), the Secretary, acting through the Director, in consultation with the Director of National Intelligence, shall incorporate methods and procedures to—

“(A) provide indications and warning to systemically important entities regarding nation-state adversary cyber operations relevant to information identified under paragraph (2)(A); and

“(B) to identify information needs for the cyber defense efforts of such entities.

“(4) RECURRENT INPUT.—Not later than 30 days after the establishment of the process under paragraph (1) and no less often than biennially thereafter, the Secretary, acting through the Director, shall solicit information from systemically important entities utilizing such process.

“(5) INTELLIGENCE SHARING.—

“(A) IN GENERAL.—Not later than five days after discovery of information that indicates a credible threat to an identifiable systemically important entity, the Director of National Intelligence, in coordination with the Secretary, shall share the appropriate intelligence information with such entity.

“(B) EMERGENCY NOTIFICATION.—The Director of National Intelligence, in coordination with the Secretary, shall share any intelligence information related to a systemically important entity with such entity not later than 24 hours after the Director of National Intelligence determines that such information indicates an imminent threat—

“(i) to such entity, or to a system, asset, or facility such entity owns or operates; or

“(ii) to national security, economic security, or public health and safety relevant to such entity.

“(C) NATIONAL SECURITY EXEMPTIONS.—Notwithstanding subparagraphs (A) or (B), the Director of National Intelligence may withhold intelligence information pertaining to a systemically important entity if the Director of National Intelligence, with the concurrence of the Secretary and the Director, determines that withholding such information is in the national security interest of the United States.

“(D) REPORT TO CONGRESS.—Not later than three years after the date of the enactment of this section and annually thereafter, the Secretary, in coordination with the National Cyber Director and the Director of National Intelligence, shall submit to the Committee on Homeland Security of the House of Representatives, the Committee on Homeland Security and Government Affairs of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate, a report that—

“(i) provides an overview of the intelligence information shared with systemically important entities; and

“(ii) evaluates the relevance and success of the classified, actionable information the intelligence community (as such term is defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)) provided to systemically important entities.

“(E) INTELLIGENCE SHARING.—Notwithstanding any other provision of law, information or intelligence shared with systemically important entities under the processes established under this subsection shall not constitute favoring one private entity over another.

“(f) Prioritization.—In allocating Department resources, the Secretary shall prioritize systemically important entities in the provision of voluntary services, and encourage participation in programs to provide technical assistance in the form of continuous monitoring and detection of cybersecurity risks.

“(g) Incident response.—In the event that a systemically important entity experiences a serious cyber incident, the Secretary shall—

“(1) promptly establish contact with such entity to acknowledge receipt of notification, obtain additional information regarding such incident, and ascertain the need for incident response or technical assistance;

“(2) maintain routine or continuous contact with such entity to monitor developments related to such incident;

“(3) assist in incident response, mitigation, and recovery efforts;

“(4) ascertain evolving needs of such entity; and

“(5) prioritize voluntary incident response and technical assistance for such covered entity.

“(h) Operational collaboration with systemically important entities.—The head of the office for joint cyber planning established pursuant to section 2216, in carrying out the responsibilities of such office with respect to relevant cyber defense planning, joint cyber operations, cybersecurity exercises, and information-sharing practices, shall, to the extent practicable, prioritize the involvement of systemically important entities.

“(i) Emergency planning.—In partnership with systemically important entities, the Secretary, in coordination with the Director, the heads of Sector Risk Management Agencies, and the heads of other Federal agencies with responsibilities for regulating critical infrastructure, shall regularly exercise response, recovery, and restoration plans to—

“(1) assess performance and improve the capabilities and procedures of government and systemically important entities to respond to a major cyber incident; and

“(2) clarify specific roles, responsibilities, and authorities of government and systemically important entities when responding to such an incident.

“(j) Interagency Council for Critical Infrastructure Cybersecurity Coordination.—

“(1) INTERAGENCY COUNCIL FOR CRITICAL INFRASTRUCTURE CYBERSECURITY COORDINATION.—There is established an Interagency Council for Critical Infrastructure Cybersecurity Coordination (in this section referred to as the ‘Council’).

“(2) CHAIRS.—The Council shall be co-chaired by—

“(A) the Secretary, acting through the Director; and

“(B) the National Cyber Director.

“(3) MEMBERSHIP.—The Council shall be comprised of representatives from the following:

“(A) Appropriate Federal departments and agencies, including independent regulatory agencies responsible for regulating the security of critical infrastructure, as determined by the Secretary and National Cyber Director.

“(B) Sector Risk Management Agencies.

“(C) The National Institute of Standards and Technology.

“(4) FUNCTIONS.—The Council shall be responsible for the following:

“(A) Reviewing existing regulatory authorities that could be utilized to strengthen cybersecurity for critical infrastructure, as well as potential forthcoming regulatory requirements under consideration, and coordinating to ensure that any new or existing regulations are streamlined and harmonized to the extent practicable, consistent with the principles described in paragraph (5).

“(B) Developing cross-sector and sector-specific cybersecurity performance goals that serve as clear guidance for critical infrastructure owners and operators about the cybersecurity practices and postures that the American people can trust and should expect for essential services.

“(C) Facilitating information sharing and, where applicable, coordination on the development of cybersecurity policy, rulemaking, examinations, reporting requirements, enforcement actions, and information sharing practices.

“(D) Recommending to members of the council general supervisory priorities and principles reflecting the outcome of discussions among such members.

“(E) Identifying gaps in regulation that could invite cybersecurity risks to critical infrastructure, and as appropriate, developing legislative proposals to resolve such regulatory gaps.

“(F) Providing a forum for discussion and analysis of emerging cybersecurity developments and cybersecurity regulatory issues.

“(5) PRINCIPLES.—In carrying out the activities under paragraph (4), the Council shall seek to harmonize regulations in a way that—

“(A) avoids duplicative, overlapping, overly burdensome, or conflicting regulatory requirements that do not effectively or efficiently serve the interests of national security, economic security, or public health and safety;

“(B) is consistent with national cyber policy and strategy, including the National Cyber Strategy;

“(C) recognizes and prioritizes the need for the Cybersecurity and Infrastructure Security Agency, as the lead coordinator for the security and resilience of critical infrastructure across all sectors, to have visibility regarding cybersecurity threats and security vulnerabilities across sectors, and leverages regulatory authorities in a manner that supports such cross-sector visibility and coordination, to the extent practicable; and

“(D) recognizes and accounts for the variation within and among critical infrastructure sectors with respect to the level of cybersecurity maturity, the nature of the infrastructure and assets, resources available to deploy security measures, and other factors.

“(6) LEVERAGING EXISTING COORDINATING BODIES.—The Council shall, as appropriate in the determination of the Co-Chairs, carry out its work in coordination with critical infrastructure stakeholders, including sector coordinating councils and information sharing and analysis organizations, and the Cyber Incident Reporting Council established pursuant to section 2246.

“(7) CONGRESSIONAL OVERSIGHT.—Not later than one year after the date of the enactment of this section and annually thereafter, the Council shall report to the Committee on Homeland Security of the House of Representatives, the Committee on Homeland Security and Government Affairs of the Senate, and other relevant congressional committees, on the activities of the Council, including efforts to harmonize regulatory requirements, and close regulatory gaps, together with legislative proposals, as appropriate.

“(k) Study on performance goals for systemically important entities.—

“(1) IN GENERAL.—The Council shall conduct a study to develop policy options and recommendations regarding the development of risk-based cybersecurity performance benchmarks that, if met, would establish a common minimum level of cybersecurity for systemically important entities.

“(2) AREAS OF INTEREST.—The study required under paragraph (1) shall evaluate how the performance benchmarks referred to in such paragraph can be—

“(A) flexible, nonprescriptive, risk-based, and outcome-focused;

“(B) designed to improve resilience and address cybersecurity threats and security vulnerabilities while also providing an appropriate amount of discretion to operators in deciding which specific technologies or solutions to deploy;

“(C) applicable and appropriate across critical infrastructure sectors, but also adaptable and augmentable to develop tailored, sector-specific cybersecurity performance goals; and

“(D) reflective of existing industry best practices, standards, and guidelines to the greatest extent possible.

“(l) Definitions.—In this section:

“(1) SYSTEMICALLY IMPORTANT ENTITY.—The term ‘systemically important entity’ means a critical infrastructure entity the Secretary has designated as a systemically important entity pursuant to subsection (b).

“(2) DIRECTOR.—The term ‘Director’ means the Director of the Cybersecurity and Infrastructure Security Agency.

“(3) SECTOR RISK MANAGEMENT AGENCY.—The term ‘Sector Risk Management Agency’ has the meaning given such term is section 2201.

“(4) NATIONAL CRITICAL FUNCTIONS.—The term ‘national critical functions’ means functions of government or private sector so vital to the United States that the disruption, corruption, or dysfunction of such functions would have a debilitating effect on security, national economic security, national public health or safety, or any combination thereof.”.

(b) Clerical amendment.—The table of contents in section 1(b) of the Homeland Security Act is amended by inserting after the item relating to section 2220C the following new item:

“Sec. 2220D. Procedure for designation of covered systemically important entities.”.

SEC. 5208. GAO review of Department of Homeland Security efforts related to establishing space as a critical infrastructure sector.

Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review, and not later than 18 months after such date of enactment, submit to the Committee on Homeland Security, the Committee on Transportation and Infrastructure, and the Committee on Science, Space, and Technology 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 report on the following:

(1) The actions taken by the Department of Homeland Security to evaluate the establishment of space as a critical infrastructure sector, based on the decision-support framework published in reports required pursuant to section 9002(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (6 U.S.C. 652a(b)).

(2) The status of efforts by the Department of Homeland Security, if any, to establish space as a critical infrastructure sector.

(3) The extent to which the current 16 critical infrastructure sectors, as set forth in PPD21, cover space systems, services, and technology, and the extent to which such sectors leave coverage gaps relating to such space systems, services, and technology.

SEC. 5209. Report on commercial satellite cybersecurity; CISA commercial satellite system cybersecurity clearinghouse.

(a) Study.—

(1) IN GENERAL.—The Comptroller General of the United States shall conduct a study on the actions the Federal Government has taken to support the cybersecurity of commercial satellite systems, including as part of any action to address the cybersecurity of critical infrastructure sectors.

(2) REPORT.—Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the study conducted under paragraph (1), which shall include information on—

(A) efforts of the Federal Government to address or improve the cybersecurity of commercial satellite systems and support related efforts with international entities or the private sector;

(B) the resources made available to the public by Federal agencies to address cybersecurity risks and cybersecurity threats to commercial satellite systems;

(C) the extent to which commercial satellite systems and the cybersecurity threats to such systems are integrated into critical infrastructure risk analyses and protection plans of the Department of Homeland Security; and

(D) the extent to which Federal agencies coordinate or duplicate authorities and take other actions focused on the cybersecurity of commercial satellite systems.

(3) CONSULTATION.—In carrying out paragraphs (1) and (2), the Comptroller General of the United States shall coordinate with appropriate Federal agencies and organizations, including—

(A) the Department of Homeland Security;

(B) the Department of Commerce;

(D) the Department of Transportation;

(E) the Department of State;

(F) the Federal Communications Commission;

(G) the National Aeronautics and Space Administration;

(H) the National Executive Committee for Space-Based Positioning, Navigation, and Timing; and

(I) the National Space Council.

(4) BRIEFING.—Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall provide to the appropriate congressional committees a briefing relating to carrying out paragraphs (1) and (2).

(5) CLASSIFICATION.—The report under paragraph (2) shall be submitted in unclassified form, but may include a classified annex.

(b) CISA commercial satellite system cybersecurity clearinghouse.—

(1) ESTABLISHMENT.—

(A) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Director shall establish a commercial satellite system cybersecurity clearinghouse.

(B) REQUIREMENTS.—The clearinghouse shall—

(i) be publicly available online;

(ii) contain current, relevant, and publicly available commercial satellite system cybersecurity resources, including the recommendations consolidated under paragraph (2), and any other appropriate materials for reference by entities that develop commercial satellite systems; and

(iii) include materials specifically aimed at assisting small business concerns with the secure development, operation, and maintenance of commercial satellite systems.

(C) EXISTING PLATFORM OR WEBSITE.—The Director may establish the clearinghouse on an online platform or a website that is in existence as of the date of the enactment of this Act.

(2) CONSOLIDATION OF COMMERCIAL SATELLITE SYSTEM CYBERSECURITY RECOMMENDATIONS.—

(A) IN GENERAL.—The Director shall consolidate voluntary cybersecurity recommendations designed to assist in the development, maintenance, and operation of commercial satellite systems.

(B) REQUIREMENTS.—The recommendations consolidated under subparagraph (A) shall include, to the greatest extent practicable, materials addressing the following:

(i) Risk-based, cybersecurity-informed engineering, including continuous monitoring and resiliency.

(ii) Planning for retention or recovery of positive control of commercial satellite systems in the event of a cybersecurity incident.

(iii) Protection against unauthorized access to vital commercial satellite system functions.

(iv) Physical protection measures designed to reduce the vulnerabilities of a commercial satellite system’s command, control, or telemetry receiver systems.

(v) Protection against jamming or spoofing.

(vi) Security against threats throughout a commercial satellite system’s mission lifetime.

(vii) Management of supply chain risks that affect the cybersecurity of commercial satellite systems.

(viii) As appropriate, and as applicable pursuant to the requirement under paragraph (1)(b)(ii) (relating to the clearinghouse containing current, relevant, and publicly available commercial satellite system cybersecurity resources), the findings and recommendations from the study conducted by the Comptroller General of the United States under subsection (a)(1).

(ix) Risks of a strategic competitor becoming dominant in the commercial satellite sector.

(x) Any other recommendations to ensure the confidentiality, availability, and integrity of data residing on or in transit through commercial satellite systems.

(3) IMPLEMENTATION.—In implementing this subsection, the Director shall—

(A) to the extent practicable, carry out such implementation as a public-private partnership;

(B) coordinate with the heads of appropriate Federal agencies with expertise and experience in satellite operations, including the entities described in subsection (a)(3);

(C) consult with non-Federal entities developing commercial satellite systems or otherwise supporting the cybersecurity of commercial satellite systems, including private, consensus organizations that develop relevant standards; and

(D) consider entering into an agreement with a non-Federal organization to manage and operate the clearinghouse.

(1) The term “appropriate congressional committees” means—

(A) the Committee on Homeland Security, the Committee on Space, Science, and Technology, the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Energy and Commerce of the House of Representatives; and

(B) the Committee on Homeland Security and Governmental Affairs, the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Commerce, Science, and Transportation of the Senate.

(2) The term “clearinghouse” means the commercial satellite system cybersecurity clearinghouse required to be developed and maintained under subsection (b)(1).

(3) The term “commercial satellite system” means a system of one or more satellites and any ground support infrastructure, and all transmission links among and between them that is owned, or operated by a non-Federal United States entity.

(4) The term “critical infrastructure” has the meaning given such term in section 1016(e) of Public Law 107–56 (42 U.S.C. 5195c(e)).

(5) The term “cybersecurity risk” has the meaning given such term in section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659).

(6) The term “cybersecurity threat” has the meaning given such term in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501).

(7) The term “Director” means the Director of the Cybersecurity and Infrastructure Security Agency.

(8) The term “small business concern” has the meaning given the term in section 3 of the Small Business Act (15 U.S.C. 632).

SEC. 5210. 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 Centers for Disease Control and Prevention, the Federal Drug Administration, and the Defense Advanced Research Projects Agency, shall research additional technological solutions to—

(1) target and detect illicit fentanyl and its precursors, including low-purity fentanyl, especially in counterfeit pressed tablets, and illicit pill press molds;

(2) enhance targeting of counterfeit pills through nonintrusive, noninvasive, and other visual screening technologies; and

(3) enhance data-driven targeting to increase seizure rates of fentanyl and its precursors.

(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 Administrator of the Drug Enforcement Administration, the Director of the Federal Bureau of Investigation, the Director of the Centers for Disease Control and Prevention, and the Commissioner of Food and Drugs, shall establish a program to collect available data and develop metrics to measure how technologies and strategies used by the Department, U.S. Customs and Border Protection, and other relevant Federal agencies have helped detect, deter, or address illicit fentanyl and its precursors being trafficking into the United States at and between land, air, and sea ports of entry. Such data and metrics program may consider the rate of detection at random secondary inspections at such ports of entry, investigations and intelligence sharing into the origins of illicit fentanyl later detected within the United States, and other data or metrics considered appropriate by the Secretary. The Secretary, as appropriate and in the coordination with the officials specified in this paragraph, may update such data and metrics program.

(2) REPORTS.—

(A) SECRETARY OF HOMELAND SECURITY.—Not later than one year after the date of the enactment of this Act and biennially thereafter, the Secretary of Homeland Security, the Administrator of the Drug Enforcement Administration, the Director of the Federal Bureau of Investigation, the Director of the Centers for Disease Control and Prevention, the Commissioner of Food and Drugs, and the Postmaster General shall, based on the data collected and metrics developed pursuant to the program established under paragraph (1), submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs a report that—

(i) examines and analyzes current technologies deployed at land, air, and sea ports of entry, including pilot technologies, to assess how well such technologies detect, deter, and address fentanyl and its precursors;

(ii) contains a cost-benefit analysis of technologies used in drug interdiction; and

(iii) describes how such analysis may be used when making procurement decisions relating to such technologies.

(B) GAO.—Not later than one year after each report submitted pursuant to subparagraph (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 Homeland Security and Governmental Affairs of the Senate a report that evaluates and, as appropriate, makes recommendations to improve, the data collected and metrics used in each such report.

SEC. 5211. Report on Puerto Rico’s electric grid.

(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Administrator of the Federal Emergency Management Agency (FEMA), in consultation with the Secretary of the Department of Energy and the Secretary of the Department of Housing and Urban Development, shall submit to the appropriate congressional committees a report on Puerto Rico’s progress toward rebuilding the electric grid and detailing the efforts the Federal Government is undertaking to expedite such rebuilding. The report shall contain the following:

(1) An analysis of the state of Puerto Rico’s electric grid, including the following:

(A) A list of projects in order of priority, estimated cost, and estimated time necessary for completion.

(B) An analysis of the measures taken by the Federal Government to expedite such rebuilding and the effectiveness of such measures.

(C) Information relating to the amount of funds that have been allocated and the amount of funds that have been disbursed.

(D) An analysis of how the Federal Government can provide further assistance in expediting such rebuilding.

(2) An analysis of the state of Puerto Rico’s renewable energy generation and storage capacities, including the following:

(A) A list of current and expected projects focused on renewable energy generation and storage.

(B) A report on the development of renewable energy sources in Puerto Rico, including projections for meeting renewable energy metrics established in the Puerto Rico Energy Public Policy Act (Act 17).

(C) An analysis of challenges for improving Puerto Rico’s renewable energy capacity and recommendations for addressing such challenges.

(D) An analysis of how the Federal Government can provide further assistance, including funding and legislative actions, in facilitating renewable energy development and improving Puerto Rico’s renewable energy generation and storage capacities.

(E) An analysis of the extent to which the federally funded projects to rebuild the electric grid will support an efficient transition from fossil fueled generation sources to renewable sources, in a manner that sustains reliable power supply during such transition, preserves base and peak load capacity upon completion of such transition, and prevents creation of stranded assets.

(3) Recommendations, as appropriate, for power companies and governments to reduce the number of outages and blackouts.

(4) Proposals, as appropriate, for legislative actions and funding needed to improve the process of fund disbursement for critical projects related to electric grids.

(5) A plan for expediting such rebuilding by not later than three months after the report is so submitted.

(b) Definition.—In this section, the term “appropriate congressional committees” means the Committee on Homeland Security, the Committee on Natural Resources, the Committee on Energy and Commerce, 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 Energy and Natural Resources of the Senate.

SEC. 5212. 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 (including the use of an APO or FPO box) such commander grants to an officer or employee of U.S. Customs and Border Protection or of the Federal Bureau of Investigation.

SEC. 5213. Building cyber resilience after SolarWinds.

(a) Definitions.—In this section:

(1) CRITICAL INFRASTRUCTURE.—The term “critical infrastructure” has the meaning given such term in section 1016(e) of Public Law 107–56 (42 U.S.C. 5195c(e)).

(2) DIRECTOR.—The term “Director” shall refer to the Director of the Cybersecurity and Infrastructure Security Agency.

(3) INFORMATION SYSTEM.—The term “information system” has the meaning given such term in section 2240 of the Homeland Security Act of 2002 (6 U.S.C. 681).

(4) SIGNIFICANT CYBER INCIDENT.—The term “significant cyber incident” has the meaning given such term in section 2240 of the Homeland Security Act of 2002.

(5) SOLARWINDS INCIDENT.—The term “SolarWinds incident” refers to the significant cyber incident that prompted the establishment of a Unified Cyber Coordination Group, as provided by section V(B)(2) of Presidential Policy Directive 41, in December 2020.

(b) SolarWinds investigation and report.—

(1) INVESTIGATION.—The Director, in consultation with the National Cyber Director and the heads of other relevant Federal departments and agencies, shall carry out an investigation to evaluate the impact of the SolarWinds incident on information systems owned and operated by Federal departments and agencies, and, to the extent practicable, other critical infrastructure.

(2) ELEMENTS.—In carrying out subsection (b), the Director shall review the following:

(A) The extent to which Federal information systems were accessed, compromised, or otherwise impacted by the SolarWinds incident, and any potential ongoing security concerns or consequences arising from such incident.

(B) The extent to which information systems that support other critical infrastructure were accessed, compromised, or otherwise impacted by the SolarWinds incident, where such information is available to the Director.

(C) Any ongoing security concerns or consequences arising from the SolarWinds incident, including any sensitive information that may have been accessed or exploited in a manner that poses a threat to national security.

(D) Implementation of Executive Order 14028 (Improving the Nation’s Cybersecurity (May 12, 2021)).

(E) Efforts taken by the Director, the heads of Federal departments and agencies, and critical infrastructure owners and operators to address cybersecurity vulnerabilities and mitigate risks associated with the SolarWinds incident.

(c) Report.—Not later than 120 days after the date of the enactment of this Act, the Director shall submit to the Committee on Homeland Security in the House of Representatives and Committee on Homeland Security and Government Affairs in the Senate a report that includes the following:

(1) Findings for each of the elements specified in subsection (b).

(2) Recommendations to address security gaps, improve incident response efforts, and prevent similar cyber incidents.

(3) Any areas where the Director lacked the information necessary to fully review and assessment such elements, the reason the information necessary was unavailable, and recommendations to close such informational gaps.

(d) GAO report on cyber safety review board.—Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall evaluate the activities of the Cyber Safety Review Board established pursuant to Executive Order 14028 (Improving the Nation’s Cybersecurity (May 12, 2021)), with a focus on the Board’s inaugural review announced in February 2022, and assess whether the Board has the authorities, resources, and expertise necessary to carry out its mission of reviewing and assessing significant cyber incidents.

SEC. 5214. CISA director appointment and term.

Subsection (b) of section 2202 of the Homeland Security Act of 2002 (6 U.S.C. 652) is amended—

(1) in paragraph (1), by adding at the end the following new sentence: “The Director shall be appointed by the President, by and with the advice and consent of the Senate.”;

(2) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and

(3) by inserting after paragraph (1) the following new paragraph:

“(2) TERM.—Effective with respect to an individual appointed pursuant to paragraph (1) after the date of the enactment of this paragraph, the term of office of such an individual so appointed shall be five years. The term of office of the individual serving as the Director on the day before such date of enactment shall be five years beginning from the date on which such Director began serving.”.

SEC. 5215. Department of Homeland Security report relating to establishment of preclearance facility in Taiwan.

(a) Report.—

(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of Commerce, shall submit to the appropriate congressional committees a report that includes an assessment of establishing a preclearance facility in Taiwan.

(2) ELEMENTS.—The assessment required under paragraph (1) shall include the following:

(A) An assessment with respect to the feasibility and advisability of establishing a CBP Preclearance facility in Taiwan.

(B) An assessment with respect to the national security, homeland security, and law enforcement benefits of establishing a CBP Preclearance facility in Taiwan.

(i) trade and travel, including impacts on passengers traveling to the United States; and

(ii) CBP staffing.

(D) Country-specific information relating to—

(i) anticipated benefits to the United States; and

(ii) security vulnerabilities associated with such preclearance operations.

(b) Definitions.—In this section—

(1) The term “appropriate congressional committees” means—

(A) the Committee on Homeland Security, the Committee on Financial Services, and the Committee on Ways and Means of the House of Representatives; and

(B) the Committee on Commerce, Science, and Transportation, the Committee on Finance, and the Joint Committee on Taxation of the Senate.

(2) The term “CBP” means U.S. Customs and Border Protection.

SEC. 5216. Human trafficking training.

(a) In general.—Subtitle H of title VIII of the Homeland Security Act of 2002 is amended by inserting after section 884 (6 U.S.C. 464) the following new section:

“SEC. 884A. Human trafficking training.

“(a) In general.—The Director of the Federal Law Enforcement Training Centers (FLETC) is authorized, in accordance with this section, to establish a human trafficking awareness training program within the Federal Law Enforcement Training Centers.

“(b) Training purposes.—The human trafficking awareness training program referred to in subsection (a), shall, if established, provide to State, local, Tribal, territorial, and educational institution law enforcement personnel training courses relating to the following:

“(1) An in-depth understanding of the definition of human trafficking.

“(2) An ability to recognize indicators of human trafficking.

“(3) Information on industries and common locations known for human trafficking.

“(4) Human trafficking response measures, including a victim-centered approach.

“(5) Human trafficking reporting protocols.

“(6) An overview of Federal statutes and applicable State law related to human trafficking.

“(7) Additional resources to assist with suspected human trafficking cases, as necessary.

“(c) Integration with existing programs.—To the extent practicable, human trafficking awareness training, including principles and learning objectives, should be integrated into other training programs operated by the Federal Law Enforcement Training Centers.

“(d) Coordination.—The Director of FLETC, or the designee of such Director, shall coordinate with the Director of the Department’s Blue Campaign, or the designee of such Director, in the development and delivery of human trafficking awareness training programs.

“(e) Human trafficking defined.—In this section, the term ‘human trafficking’ means an act or practice described in paragraph (11) or (12) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).

“(f) Authorization of appropriations.—There is authorized to be appropriated $2,300,000 for each of fiscal years 2023 through 2028.”.

(b) Technical amendment.—Subsection (a) of section 434 of the Homeland Security Act of 2002 (6 U.S.C. 242) is amended by striking “paragraph (9) or (10)” and inserting “paragraph (11) or (12)”.

(c) 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 884 the following new item:

“Sec. 884A. Human trafficking training.”.

SEC. 5301. 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:

“§ 2515. Calculation of active service

“Any service described, including service described prior to the date of enactment of the Don Young Coast Guard Authorization Act of 2022, in writing, including by electronic communication, by a representative of the Coast Guard Personnel Service Center as service that counts toward total active service for regular retirement under section 2152 or section 2306 shall be considered by the President as active service for purposes of applying section 2152 or section 2306 with respect to the determination of the retirement qualification for any officer or enlisted member to whom a description was provided.”.

(b) Clerical amendment.—The analysis for chapter 25 of title 14, United States Code, is amended by inserting after the item relating to section 2515 the following:

“2515. Calculation of active service.”.

(1) have retired from the Coast Guard before the date of enactment of this Act;

(2) voluntarily separated from service before the date of enactment of this Act; or

(3) are serving in the Coast Guard on or after the date of enactment of this Act.

SEC. 5302. Acquisition of icebreaker.

(a) In general.—The Commandant of the Coast Guard may acquire or procure an available icebreaker.

(b) Exemptions from requirements.—Sections 1131, 1132, 1133, and 1171 of title 14, United States Code, shall not apply to an acquisition or procurement under subsection (a).

(1) is capable of—

(A) supplementing United States Coast Guard polar icebreaking capabilities;

(B) projecting United States sovereignty;

(D) collecting hydrographic, environmental, and climate data; and

(2) is documented with a coastwise endorsement under chapter 121 of title 46, United States Code.

(d) Authorization of appropriations.—Of the amounts authorized under section 4902 of title 14, United States Code, as amended by this Act, for fiscal year 2023 up to $150,000,000 is authorized for the acquisition or procurement of an available icebreaker.

SEC. 5303. Department of Defense civilian pilots.

(a) Eligibility for certain ratings.—Not later than 18 months after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall revise section 61.73 of title 14, Code of Federal Regulations, to ensure that a Department of Defense civilian pilot is eligible for a rating based on qualifications earned as a Department of Defense pilot, pilot instructor, or pilot examiner in the same manner that a military pilot is eligible for such a rating based on qualifications earned as a military pilot, pilot instructor, or pilot examiner.

(b) Definitions.—In this section:

(1) DEPARTMENT OF DEFENSE CIVILIAN PILOT.—

(A) IN GENERAL.—The term “Department of Defense civilian pilot” means an individual, other than a military pilot, who is employed as a pilot by the Department of Defense.

(B) EXCLUSION.—The term “Department of Defense civilian pilot” does not include a contractor of the Department of Defense.

(2) MILITARY PILOT.—The term “military pilot” means a military pilot, as such term is used in section 61.73 of title 14, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act).

SEC. 5304. Pilot program for spaceflight recovery operations at sea.

(a) Sense of congress.—It is the sense of Congress that—

(1) the United States has the most advanced commercial space industry in the world;

(2) the United States domestic space sector creates jobs, demonstrates American global technological leadership, and is critical to the national defense; and

(3) the reliable, safe, and secure at-sea recovery of spaceflight components is necessary to sustain and further develop the commercial space enterprise, which is of vital importance to the national and economic security of the United States.

(b) Establishment.—

(1) IN GENERAL.—Not later than 30 days after the date of enactment of this Act, the Secretary shall establish and conduct a pilot program to oversee the operation and monitoring of remotely-controlled or unmanned spaceflight recovery vessels or platforms by eligible entities to—

(A) better understand the complexities of such operation and monitoring and potential risks to navigation safety and maritime workers;

(B) gather observational and performance data from monitoring the use of remotely-controlled or unmanned spaceflight recovery vessels and platforms; and

(C) assess and evaluate regulatory alternatives to guide the development of routine operation and monitoring of remotely-controlled or unmanned spaceflight recovery vessels and platforms.

(2) REQUIREMENTS.—In conducting the pilot program established under this section, the Secretary shall—

(A) ensure that authority provided under this section is necessary to ensure the life and safety of licensed and unlicensed maritime workers and other non-vessel operating personnel involved during operations regulated under this section; and

(B) consider experience and knowledge gained pursuant to implementation of the pilot program authorized under section 8343 of the Elijah E. Cummings Coast Guard Authorization Act of 2020 (46 U.S.C. 70034 note).

(1) IN GENERAL.—In conducting the pilot program under this section, the Secretary may allow an eligible entity to—

(A) carry out remote over-the-horizon monitoring operations related to the active recovery of spaceflight components at sea on a remotely-controlled or unmanned spaceflight recovery vessel or platform;

(B) develop procedures for the operation and monitoring of remotely-controlled or unmanned spaceflight recovery vessels or platforms;

(D) carry out any other activities the Secretary determines to be in the interest of furthering the development of operations to recover spaceflight components at sea, including the use of remotely-controlled or unmanned vessels specifically designed, built, and used for domestic spaceflight recovery operations.

(2) PROHIBITION.—In conducting the pilot program under this section, the Secretary may not allow an eligible entity to operate a remotely-controlled or unmanned spaceflight recovery vessel without a physical tow line within 12 nautical miles of a port.

(d) Interim authority.—In recognition of potential risks to navigation safety and unique circumstances requiring the use of remotely operated or unmanned spaceflight recovery vessels or platforms for recovery of spaceflight components at sea, and in carrying out the pilot program under this section, the Secretary is authorized to—

(1) allow such recovery operations to proceed consistent with the authorities of the Secretary under navigation and manning laws and regulations; and

(2) modify applicable regulations and guidance as the Secretary considers appropriate to—

(A) allow the recovery of spaceflight components at sea to occur while ensuring navigation safety in recovery areas; and

(B) ensure the reliable, safe, and secure operation of remotely controlled or unmanned spaceflight recovery vessels and platforms.

(e) Duration.—The pilot program established under this section shall terminate on the day that is 5 years after the date on which the pilot program is established.

(f) Prohibition on rulemaking.—

(1) IN GENERAL.—During the covered period, and except as provided in paragraph (2), the Secretary may not propose, issue, or implement a rule regarding the integration of automated and autonomous commercial vessels and vessel technologies, including artificial intelligence, into the United States maritime transportation system.

(2) NON-APPLICATION.—The prohibition authorized under paragraph (1) shall not apply to a rule that is—

(A) related to activities carried out under this section; and

(B) initiated due to a matter of national security, an emergency, or to prevent the imminent loss of life and property at sea.

(3) COVERED PERIOD DEFINED.—In this subsection, the term “covered period” means the period beginning on the date of enactment of this Act and ending on the later of—

(A) the date on which the International Maritime Organization adopts a regulatory regime including international standards to govern the use and operation of automated and autonomous commercial vessels and vessel technologies for commercial waterborne transportation; or

(B) the date on which the pilot program terminates under subsection (e).

(g) Briefings.—Upon the request of the Committee on Transportation and Infrastructure of the House of Representatives or the Committee on Commerce, Science, and Transportation of the Senate, the Commandant of the Coast Guard shall brief either such committee on the pilot program established under this section.

(h) Report.—Not later than 180 days after the termination of the pilot program under subsection (e), 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 final report describing the execution of such pilot program and recommendations for maintaining navigation safety and the safety of maritime workers in spaceflight recovery areas.

(i) Rule of construction.—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, or 55111 of title 46, United States Code.

(j) Definitions.—In this section:

(1) ELIGIBLE ENTITY.—The term “eligible entity” means any company engaged in the recovery of spaceflight components at sea.

(2) SECRETARY.—The term “Secretary” means the Secretary of the department in which the Coast Guard is operating.

SEC. 5305. Port infrastructure development grants.

(a) In general.—From amounts appropriated for port infrastructure development grants under section 54301(a) of title 46, United States Code, after the date of enactment of this Act for each of fiscal years 2023 through 2027, 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 passenger vessels described in section 3507(k) of title 46, United States Code.

SEC. 5306. 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.

(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.

(1) IN GENERAL.—Not later than 6 months after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall convene an advisory panel consisting of emergency management personnel employed by State, local, territorial, or tribal authorities, and the representative organizations of such personnel to assist the Agency in improving critical components of the preliminary damage assessment process.

(2) MEMBERSHIP.—

(A) IN GENERAL.—This advisory panel shall consist of at least 2 representatives from national emergency management organizations and at least 1 representative from each of the 10 regions of the Federal Emergency Management Agency, selected from emergency management personnel employed by State, local, territorial, or tribal authorities within each region.

(B) INCLUSION ON PANEL.—To the furthest extent practicable, representation on the advisory panel shall include emergency management personnel from both rural and urban jurisdictions.

(3) CONSIDERATIONS.—The advisory panel convened under paragraph (1) shall—

(A) consider—

(i) establishing a training regime to ensure preliminary damage assessments are conducted and reviewed under consistent guidelines;

(ii) utilizing a common technological platform to integrate data collected by State and local governments with data collected by the Agency; and

(iii) assessing instruction materials provided by the Agency for omissions of pertinent information or language that conflicts with other statutory requirements; and

(B) identify opportunities for streamlining the consideration of preliminary damage assessments by the Agency, including eliminating duplicative paperwork requirements and ensuring consistent communication and decision making among Agency staff.

(4) INTERIM REPORT.—Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress a report regarding the findings of the advisory panel, steps that will be undertaken by the Agency to implement the findings of the advisory panel, and additional legislation that may be necessary to implement the findings of the advisory panel.

(5) RULEMAKING AND FINAL REPORT.—Not later than 2 years after the date of enactment of this Act, the Administrator shall issue such regulations as are necessary to implement the recommendations of the advisory panel and submit to Congress a report discussing—

(A) the implementation of recommendations from the advisory panel;

(B) the identification of any additional challenges to the preliminary damage assessment process, including whether specific disasters result in longer preliminary damage assessments; and

SEC. 5307. Designation of small state and rural advocate.

(a) In general.—Section 326(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165d) is amended—

(1) by striking “and” at the end of paragraph (2);

(2) by redesignating paragraph (3) as paragraph (4); and

(3) by inserting after paragraph (2) the following:

“(3) assist States in the collection and presentation of material in the disaster or emergency declaration request relevant to demonstrate severe localized impacts within the State for a specific incident, including—

“(A) the per capita personal income by local area, as calculated by the Bureau of Economic Analysis;

“(B) the disaster impacted population profile, as reported by the Bureau of the Census, including—

“(i) the percentage of the population for whom poverty status is determined;

“(ii) the percentage of the population already receiving Government assistance such as Supplemental Security Income and Supplemental Nutrition Assistance Program benefits;

“(iii) the pre-disaster unemployment rate;

“(iv) the percentage of the population that is 65 years old and older;

“(v) the percentage of the population 18 years old and younger;

“(vi) the percentage of the population with a disability;

“(vii) the percentage of the population who speak a language other than English and speak English less than ‘very well’; and

“(viii) any unique considerations regarding American Indian and Alaskan Native Tribal populations raised in the State’s request for a major disaster declaration that may not be reflected in the data points referenced in this subparagraph;

“(C) the impact to community infrastructure, including—

“(i) disruptions to community life-saving and life-sustaining services;

“(ii) disruptions or increased demand for essential community services; and

“(iii) disruptions to transportation, infrastructure, and utilities; and

“(D) any other information relevant to demonstrate severe local impacts.”.

(b) Gao review of a final rule.—

(1) IN GENERAL.—The Comptroller General shall conduct a review of the Federal Emergency Management Agency’s implementation of its final rule, published on March 21, 2019, amending section 206.48(b) of title 44, Code of Federal Regulations (regarding factors considered when evaluating a Governor’s request for a major disaster declaration), which revised the factors that the Agency considers when evaluating a Governor’s request for a major disaster declaration authorizing individual assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq).

(2) SCOPE.—The review required under paragraph (1) shall include the following:

(A) An assessment of the criteria used by the Agency to assess individual assistance requests following a major disaster declaration authorizing individual assistance.

(B) An assessment of the consistency with which the Agency uses the updated Individual Assistance Declaration Factors when assessing the impact of individual communities after a major disaster declaration.

(C) An assessment of the impact, if any, of using the updated Individual Assistance Declaration Factors has had on equity in disaster recovery outcomes.

(D) Recommendations to improve the use of the Individual Assistance Declaration Factors to increase equity in disaster recovery outcomes.

(3) REPORT.—Not later than 1 year after the date of the 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. 5308. Flexibility.

(a) In general.—Section 1216(a) of the Disaster Recovery Reform Act of 2018 (42 U.S.C. 5174a(a)) is amended—

(1) by amending paragraph (2)(A) to read as follows:

“(A) except as provided in subparagraph (B), shall—

“(i) waive a debt owed to the United States related to covered assistance provided to an individual or household if the covered assistance was distributed based on an error by the Agency and such debt shall be construed as a hardship; and

“(ii) waive a debt owed to the United States related to covered assistance provided to an individual or household if such assistance is subject to a claim or legal action, including in accordance with section 317 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. 5174a) and any changes made to such processes.

SEC. 5309. Menstrual products in public buildings.

(a) Requirement.—Each appropriate authority shall ensure that menstrual products are stocked in, and available free of charge in, each covered restroom in each covered public building under the jurisdiction of such authority.

(b) Definitions.—In this section:

(1) APPROPRIATE AUTHORITY.—The term “appropriate authority” means the head of a Federal agency, the Architect of the Capitol, or other official authority responsible for the operation of a covered public building.

(2) COVERED PUBLIC BUILDING.—The term “covered public building” means a public building, as defined in section 3301 of title 40, United States Code, that is open to the public and contains a public restroom, and includes a building listed in section 6301 or 5101 of such title.

(3) COVERED RESTROOM.—The term “covered restroom” means a restroom in a covered public building, except for a restroom designated solely for use by men.

(4) MENSTRUAL PRODUCTS.—The term “menstrual products” means sanitary napkins and tampons that conform to applicable industry standards.

SEC. 5310. Fly America Act exception.

Section 40118 of title 49, United States Code, is amended by adding at the end the following:

“(h) Certain transportation of domestic animals.—

“(1) IN GENERAL.—Notwithstanding subsections (a) and (c), an appropriation to any department, agency, or instrumentality of the United States Government may be used to pay for the transportation of a Peace Corps volunteer or an officer, employee, or member of the uniformed services of any such department, agency, or instrumentality, a dependent of the Peace Corps volunteer, officer, employee, or member, and in-cabin or accompanying checked baggage, by a foreign air carrier when—

“(A) the transportation is from a place—

“(i) outside the United States to a place in the United States;

“(ii) in the United States to a place outside the United States; or

“(iii) outside the United States to another place outside the United States; and

“(B) no air carrier holding a certificate under section 41102 is willing and able to transport up to three domestic animals accompanying such Peace Corps volunteer, officer, employee, member, or dependent.

“(2) LIMITATION.—An amount paid pursuant to paragraph (1) for transportation by a foreign carrier may not be greater than the amount that would otherwise have been paid had the transportation been on an air carrier holding a certificate under section 41102 had that carrier been willing and able to provide such transportation. If the amount that would otherwise have been paid to such an air carrier is less than the cost of transportation on the applicable foreign carrier, the Peace Corps volunteer, officer, employee, member may pay the difference of such amount.

“(3) DEFINITION.—In this subsection:

“(A) DOMESTIC ANIMAL.—The term ‘domestic animal’ means a dog or a cat.

“(B) PEACE CORPS VOLUNTEER.—The term ‘Peace Corps volunteer’ means an individual described in section 5(a) of the Peace Corps Act (22 U.S.C. 2504(a)).”.

SEC. 5311. Aqua alert notification system pilot program.

(a) In general.—Not later than 2 years after the date of enactment of this Act, the Commandant of the Coast Guard shall, subject to the availability of appropriations, establish a pilot program to improve the issuance of alerts to facilitate cooperation with the public to render aid to distressed individuals under section 521 of title 14, United States Code.

(b) Pilot program contents.—The pilot program established under subsection (a) shall, to the maximum extent possible—

(1) include a voluntary opt-in program under which members of the public 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 be limited to the geographic areas most likely to facilitate the rendering of aide to distressed individuals.

(c) Consultation with other agencies, States, territories, and political subdivisions.—In developing the pilot program under subsection (a), the Commandant shall consult any relevant Federal agency, State, Territory, Tribal government, possession, or political subdivision.

(d) Report to Congress.—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 Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, and make available to the public, a report on the implementation of this Act.

(e) Authorization of appropriations.—

(1) IN GENERAL.—There is authorized to be appropriated to carry out this Act $3,000,000 to the Commandant for each of fiscal years 2023 through 2026.

(2) AVAILABILITY OF FUNDS.—Amounts appropriated pursuant to paragraph (1) shall remain available until expended.

SEC. 5312. 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.

SEC. 5313. Definitions.

Section 101(a) of title 23, United States Code, is amended—

(1) by redesignating paragraphs (33), (34), (35), and (36) as paragraphs (34), (35), (36), and (37), respectively; and

(2) by inserting after paragraph (32) the following:

“(33) TRANSPORTATION DEMAND MANAGEMENT.—The term ‘transportation demand management’ means the use of strategies to inform and encourage travelers to maximize the efficiency of a transportation system, leading to improved mobility, reduced congestion, and lower vehicle emissions, including strategies that use planning, programs, policies, marketing, communications, incentives, pricing, data, and technology.”.

SEC. 5314. Permitting use of highway trust fund for construction of certain noise barriers.

(a) In general.—Section 339(b) of the National Highway System Designation Act of 1995 (23 U.S.C. 109 note) is amended to read as follows:

“(1) GENERAL RULE.—No funds made available out of the Highway Trust Fund may be used to construct a Type II noise barrier (as defined by section 772.5 of title 23, Code of Federal Regulations) pursuant to subsections (h) and (i) of section 109 of title 23, United States Code.

“(2) EXCEPTIONS.—Paragraph (1) shall not apply to construction or preservation of a Type II noise barrier if such a barrier—

“(A) was not part of a project approved by the Secretary before November 28, 1995;

“(B) is proposed along lands that were developed or were under substantial construction before approval of the acquisition of the rights-of-ways for, or construction of, the existing highway; or

“(C) as determined and applied by the Secretary, separates a highway or other noise corridor from a group of structures of which the majority of such structures closest to the highway or noise corridor—

“(i) are residential in nature; and

“(ii) are at least 10 years old as of the date of the proposal of the barrier project.”.

(b) Eligibility for surface transportation block grant funds.—Section 133 of title 23, United States Code, is amended—

(1) in subsection (b) by adding at the end the following:

“(25) Planning, design, preservation, or construction of a Type II noise barrier (as described in section 772.5 of title 23, Code of Federal Regulations) and consistent with the requirements of section 339(b) of the National Highway System Designation Act of 1995 (23 U.S.C. 109 note).”; and

(2) in subsection (c)(2) by striking “and paragraph (23)” and inserting “, paragraph (23), and paragraph (25)”.

(1) IN GENERAL.—The Secretary of Transportation shall ensure that a noise barrier constructed or preserved under section 339(b) of the National Highway System Designation Act of 1995 (23 U.S.C. 109 note) or with funds made available under title 23, United States Code, may be a multipurpose noise barrier.

(2) STATE APPROVAL.—A State, on behalf of the Secretary, may approve accommodation of a secondary beneficial use on a noise barrier within a right-of-way on a Federal-aid highway.

(3) DEFINITIONS.—In this subsection:

(A) MULTIPURPOSE NOISE BARRIER.—The term “multipurpose noise barrier” means any noise barrier that provides a secondary beneficial use, including a barrier that hosts or accommodates renewable energy generation facilities, electrical transmission and distribution infrastructure, or broadband infrastructure and conduit.

(B) SECONDARY BENEFICIAL USE.—The term “secondary beneficial use” means an environmental, economic, or social benefit in addition to highway noise mitigation.

(d) Aesthetics.—A project sponsor constructing or preserving a noise barrier under section 339(b) of the National Highway System Designation Act of 1995 (23 U.S.C. 109 note) or with funds made available under title 23, United States Code, shall consider the aesthetics of the proposed noise barrier, consistent with latest version of the Noise Barrier Design Handbook published by the Federal Highway Administration of the Department of Transportation.

SEC. 5315. Establishment of Southern New England Regional Commission.

(a) Establishment.—Section 15301(a) of title 40, United States Code, is amended by adding at the end the following:

“(4) The Southern New England Regional Commission.”.

(b) Designation of region.—

(1) IN GENERAL.—Subchapter II of chapter 157 of such title is amended by adding at the end the following:

“§ 15734. Southern New England Regional Commission

“The region of the Southern New England Regional Commission shall include the following counties:

“(1) RHODE ISLAND.—Each county in the State of Rhode Island.

“(2) CONNECTICUT.—The counties of Hartford, New Haven, Windham, Tolland, Middlesex, and New London in the State of Connecticut.

“(3) MASSACHUSETTS.—The counties of Hampden, Plymouth, Barnstable, Essex, Worcester, and Bristol in the State of Massachusetts.”.

(2) TECHNICAL AND CONFORMING AMENDMENT.—The analysis for Subchapter II of chapter 157 of such title is amended by adding at the end the following:

“15734. Southern New England Regional Commission.”.

(c) Authorization of appropriations.—The authorization of appropriations in section 15751 of title 40, United States Code, shall apply with respect to the Southern New England Regional Commission beginning with fiscal year 2023.

SEC. 5316. Critical document fee waiver.

Section 1238(a) of the Disaster Recovery Reform Act of 2018 (42 U.S.C. 5174b) is amended—

(1) in paragraph (2), by striking “applies regardless” and inserting “and the requirement of the President to waive fees under paragraph (4) apply regardless”;

(2) by redesignating paragraph (4) as paragraph (5); and

(3) by inserting after paragraph (3) the following:

“(4) MANDATORY AUTOMATIC WAIVER.—The President, in consultation with the Governor of a State, shall automatically provide a fee waiver described in paragraph (1) to an individual or household that has been adversely affected by a major disaster declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170)—

“(A) for which the President provides assistance to individuals and households under section 408 of that Act (42 U.S.C. 5174); and

“(B) that destroyed a critical document described in paragraph (1) of the individual or household.”.

SEC. 5317. Disadvantaged business enterprises.

Section 11101(e)(2)(A) of the Infrastructure Investment and Jobs Act (Public Law 117–58) is amended to read as follows:

“(A) SMALL BUSINESS CONCERN.—The term ‘small business concern’ means a small business concern (as the term is used in section 3 of the Small Business Act (15 U.S.C. 632)).”.

SEC. 5318. Secretary of Agriculture report on improving supply chain shortfalls and infrastructure needs at wholesale produce markets.

(a) In general.—Not later than one year after the date of the enactment of this Act, the Secretary of Agriculture shall submit to the appropriate congressional committees a report on—

(1) the 5 largest wholesale produce markets by annual sales and volume over the preceding 4 calendar years; and

(2) a representative sample of 8 wholesale produce markets that are not among the largest wholesale produce markets.

(b) Contents.—The report under subsection (a) shall contain the following:

(1) An analysis of the supply chain shortfalls in each wholesale produce market identified under subsection (a), which shall include an analysis of the following:

(A) State of repair of infrastructure, including roads, food storage units, and refueling stations.

(B) Sustainability infrastructure, including the following:

(i) Carbon emission reduction technology.

(ii) On-site green refueling stations.

(iii) Disaster preparedness.

(D) Disaster recovery systems, including coordination with State and Federal agencies.

(2) A description of any actions the Secretary recommends be taken as a result of the analysis under paragraph (1).

(3) Recommendations, as appropriate, for wholesale produce market owners and operators, and State and local entities to improve the supply chain shortfalls identified under paragraph (1).

(4) Proposals, as appropriate, for legislative actions and funding needed to improve the supply chain shortfalls.

(c) Consultation.—In completing the report under subsection (a), the Secretary of Agriculture shall consult with the Secretary of Transportation, the Secretary of Homeland Security, wholesale produce market owners and operators, State and local entities, and other agencies or stakeholders, as determined appropriate by the Secretary.

(d) Appropriate congressional committees.—For the purposes of this section, the term “appropriate congressional committees” means the Committee on Agriculture, the Committee on Homeland Security, and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Technology, the Committee on Homeland Security and Governmental Affairs, and the Committee on Agriculture, Nutrition, and Forestry of the Senate.

SEC. 5319. Report on improving counterterrorism security at passenger rail stations.

(a) In general.—Not later than 1 year after the date of enactment of this Act, the Secretary of Homeland Secretary, in consultation with the Secretary of Transportation and State, local, Tribal, and territorial governments, passenger rail station owners and operators, State and local transportation entities, and other agencies or stakeholders as determined appropriate by the Secretary, shall submit to the appropriate congressional committees a report on the 5 largest passenger rail stations by annual ridership and a representative sample of 8 other-sized passenger rail stations that contains the following:

(1) An analysis of the effectiveness of counterterrorism measures implemented in each passenger rail station to include prevention systems, including—

(A) surveillance systems, including cameras, and physical law enforcement presence;

(B) response systems including—

(i) evacuation systems to allow passengers and workers to egress the stations, mezzanines, and rail cars;

(ii) fire safety measures, including ventilation and fire suppression systems; and

(iii) public alert systems; and

(2) A description of any actions taken as a result of the analysis conducted under paragraph (1).

(3) Recommendations, as appropriate, for passenger rail station owners and operators, and State and local transportation entities to improve counterterrorism measures outlined in paragraph (1).

(4) Proposals, as appropriate, for legislative actions and funding needed to improve counterterrorism measures.

(b) Report format.—The report described in subsection (a) shall be submitted in unclassified form, but information that is sensitive or classified shall be included as a classified annex.

(c) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means the Committee on Homeland Security of the House of Representatives, the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Homeland Security and Governmental Affairs of the Senate.

SEC. 5320. Extreme weather events.

(a) Definitions.—

(1) IN GENERAL.—Section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133) is amended—

(A) by amending subsection (a) to read as follows:

“(a) Definition of underserved community.—In this section, the term ‘underserved community’ means a community, or a neighborhood within a community, that—

“(1) is classified as high risk according to census tract risk ratings derived from a product that—

“(A) is maintained under a natural hazard assessment program;

“(B) is available to the public;

“(C) defines natural hazard risk across the United States;

“(D) reflects high levels of individual hazard risk ratings;

“(E) reflects high social vulnerability ratings and low community resilience ratings;

“(F) reflects the principal natural hazard risks identified for the respective census tracts; and

“(G) any other elements determined by the President.

“(2) is comprised of 50,000 or fewer individuals and is economically disadvantaged, as determined by the State in which the community is located and based on criteria established by the President; or

“(3) is otherwise determined by the President based on factors including, high housing cost burden and substandard housing, percentage of homeless population, limited water and sanitation access, demographic information such as race, age, and disability, language composition, transportation access or type, disproportionate environmental stressor burden, and disproportionate impacts from climate change.”;

(B) in subsection (g)(9) by striking “small impoverished communities” and inserting “underserved communities”; and

(i) in the heading by striking “Small impoverished communities” and inserting “Underserved communities”; and

(ii) by striking “small impoverished community” and inserting “underserved community”.

(2) APPLICABILITY.—The amendments made by subsection (a) shall apply with respect to any amounts appropriated on or after the date of enactment of this Act.

(b) Guidance on extreme temperature events.—Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Emergency Management Administration shall issue guidance related to extreme temperature events, including heat waves and freezes, and publish such guidance in the Federal Emergency Management Administration Public Assistance Program and Policy Guide.

(c) Hazard mitigation plans.—Section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165) is amended—

(1) in subsection (a) by striking the period at the end and inserting “, including—

“(1) identifying the extent to which resilience is or will be incorporated into other planning processes, including community land use, economic development, capital improvement budgets and transportation planning processes;

“(2) goals and objectives related to increasing resilience over a 5-year period, including benchmarks for future work and an assessment of past progress;

“(3) the building codes in existence at the time the plan is submitted and standards that are in use by the State for all manner of planning or development purposes and how the State has or will comply with the standards set forth in section 406(e)(1)(A);

“(4) the use of nature-based solutions or other mitigation activities that conserve or restore natural features that can serve to abate or lessen the impacts of future disasters;

“(5) integration of each local mitigation plan with the State, Indian Tribe, or territory plan; and

“(6) the disparate impacts on underserved communities (as such term is defined in section 203(a)) and plans to address any disparities.”; and

(2) by adding at the end the following:

“(f) Guidance.—The Administrator of the Federal Emergency Management Agency shall issue specific guidance on resilience goals and provide technical assistance for States, Indian Tribes, territories, and local governments to meet such goals.

“(g) Adequate staffing.—The Administrator of the Federal Emergency Management Agency shall ensure that ample staff are available to develop the guidance and technical assistance under section 322, including hazard mitigation planning staff and personnel with expertise in community planning, land use development, and consensus based codes and hazard resistant designs at each regional office that specifically focus on providing financial and non-financial direct technical assistance to States, Indian Tribes, and territories.

“(h) Reporting.—Not less frequently than every 5 years, the Administrator shall submit to Congress a report on the progress of meeting the goals under this section.”.

(d) Additional uses of funds.—Section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) is amended by adding at the end the following:

“(k) Additional uses of funds.—For State and local governments that have exceeded, adopted, or are implementing the latest two published editions of relevant consensus-based codes, specifications, and standards that incorporate the latest hazard-resistant designs and establish minimum acceptable criteria for the design, construction, and maintenance of residential structures and facilities, a recipient of assistance provided under this paragraph may use such assistance in a manner consistent with the standards set forth in clauses (ii) and (iii) of section 406(e)(1)(A).”.

(e) Collaboration with other agencies.—In awarding grants under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Administrator of the Federal Emergency Management Agency may coordinate with other relevant agencies, including the Environmental Protection Agency, the Department of Energy, the Department of Transportation, the Corps of Engineers, the Department of Agriculture, and the Department of Housing and Urban Development, as necessary, to improve collaboration for eligible activities under the Act.

(f) GAO reports.—

(1) EXTREME TEMPERATURE EVENTS.—Not later than 1 year after the date of enactment of this Act, and every 5 years thereafter, the Comptroller General of the United States shall evaluate and issue to Congress and the Federal Emergency Management Agency a report regarding the impacts of extreme temperatures events on communities, the challenges posed to the Federal Emergency Management Agency in addressing extreme temperature events, and recommendations for the Federal Emergency Management Agency to better provide assistance to communities experiencing extreme temperature events. The report may also include examples of specific mitigation and resilience projects that communities may undertake, and the Federal Emergency Management Agency may consider, to reduce the impacts of extreme temperatures on and within building structures, participatory processes that allow for public engagement in determining and addressing local risks and vulnerabilities related to extreme temperatures events, and community infrastructure, including heating or cooling shelters.

(2) SMOKE AND INDOOR AIR QUALITY.—Not later than 1 year after the date of enactment of this Act, and every 5 years thereafter, the Comptroller General shall evaluate and issue to Congress and the Federal Emergency Management Agency a report regarding the impacts of wildfire smoke and poor indoor air quality, the challenges posed to Federal Emergency Management Agency in addressing wildfire smoke and indoor air quality, and recommendations for the Federal Emergency Management Agency to better provide assistance to communities and individuals in dealing with wildfire smoke and indoor air quality.

(g) Report Congress and update of cost effectiveness determinations and declarations.—

(1) REPORT.—Not later than 2 years after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency, in coordination with the Director of the Office of Management and Budget, shall submit to Congress a report regarding the challenges posed by the Agency’s requirements for declaring an incident or determining the cost effectiveness of mitigation activities and specifically how such requirements may disproportionately burden small impoverished communities, or specific vulnerable populations within communities.

(2) UPDATE OF COST EFFECTIVENESS DETERMINATION.—Not later than 5 years after the date of enactment of this Act, the Administrator, to the extent practicable, shall update the requirements for determining cost effectiveness and declaring incidents, including selection of appropriate interest rates, based on the findings made under subsection (a).

SEC. 5321. 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 2021” and inserting “fiscal year 2023”; and

(2) in subsection (b) by striking “2702(1)” and inserting “4902(1)”.

SEC. 5322. Extension.

Section 1246 of the Disaster Recovery Reform Act of 2018 is amended—

(1) by striking “3 years” and inserting “4 ¹⁄2 years”; and

(2) by inserting “and every 3 months thereafter,” before “the Administrator shall submit”.

SEC. 5323. Centers of excellence for domestic maritime workforce training and education.

(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 a covered training entity as a center of excellence for domestic maritime workforce training and education.”;

(2) by striking subsection (b) and inserting the following:

“(b) Grant program.—

“(1) IN GENERAL.—The Secretary may award maritime career training grants to centers of excellence designated under subsection (a) for the purpose of developing, offering, or improving educational or career training programs for American workers related to the United States maritime industry.

“(2) rEQUIRED INFORMATION.—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 for which the grant proposal is submitted, including the manner in which the grant will be used to develop, offer, or improve an educational or career training program that is suited to 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 educational or career training programs;

“(D) how the grant would address shortcomings in existing educational and career training opportunities available to United States maritime industry workers; and

“(E) the extent to which employers, including small and medium-sized firms, have demonstrated a commitment to employing United States maritime industry workers who would benefit from the project for which the grant proposal is submitted.

“(3) CRITERIA FOR AWARD OF GRANTS.—Subject to the appropriation of funds, the Secretary shall award a grant under this subsection based on—

“(A) a determination of the merits of the grant proposal submitted by the center of excellence designated under subsection (a) to develop, offer, or improve educational or career training programs to be made available to United States maritime industry workers;

“(B) an evaluation of the likely employment opportunities available to United States maritime industry workers who complete a maritime educational or career training program that the center of excellence designated under subsection (a) proposes to develop, offer, or improve; and

“(C) an evaluation of prior demand for training programs by workers served by the 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 a center of excellence designated under subsection (a) on a competitive basis.

“(B) TIMING OF GRANT NOTICE.—The Secretary shall post a Notice of Funding Opportunity regarding grants awarded under this subsection not more than 90 days after the date of enactment of the appropriations Act for the fiscal year concerned.

“(C) TIMING OF GRANTS.—The Secretary shall award grants under this subsection not later than 270 days after the date of the enactment of the appropriations Act for the fiscal year concerned.

“(D) REUSE OF UNEXPENDED GRANT FUNDS.—Notwithstanding subparagraph (C), amounts awarded as a grant under this subsection that are not expended by the grantee shall remain available to the Administrator 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 shall not be eligible for grants under this subsection in the same fiscal year.

“(5) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $30,000,000.”; and

(3) in subsection (c)—

(A) by striking paragraph (1) and inserting the following:

“(1) COVERED TRAINING ENTITY.—The term ‘covered training entity’ means an entity that—

“(A) is located in a State that borders on the—

“(i) Gulf of Mexico;

“(ii) Atlantic Ocean;

“(iii) Long Island Sound;

“(iv) Pacific Ocean;

“(v) Great Lakes; or

“(vi) Mississippi River System; and

“(B) is—

“(i) a postsecondary educational institution (as such term is defined in section 3 (39) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302));

“(ii) a postsecondary vocational institution (as such term is defined in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002(c));

“(iii) a public or private nonprofit entity that offers 1 or more other structured experiential learning training programs for American workers in the United States maritime industry, including a program that is offered by a labor organization or conducted in partnership with a nonprofit organization or 1 or more employers in the 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

(B) by adding at the end the following:

“(3) SECRETARY.—The term ‘Secretary’ means the Secretary of Transportation.

“(4) 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, including energy activities conducted under the Outer Continental Shelf Lands Act(43 U.S.C. 1331 et seq.);

“(C) non-commercial maritime activities, including—

“(i) recreational boating; and

“(ii) oceanographic and limnological research as described in section 2101(24).”.

(b) Public report.—Not later than December 15 in each of calendar years 2022 through 2024, the Secretary of Transportation shall make available on a publicly available website a report and provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives—

(1) describing each grant awarded under this subsection during the preceding fiscal year; and

(2) assessing the impact of each award of a grant under this subsection in a fiscal year preceding the fiscal year referred to in subparagraph (A) on workers receiving training.

(1) promulgate guidelines for the submission of grant proposals under section 51706(b) of title 46, United States Code (as amended by this section); and

(2) publish and maintain such guidelines on the website of the Department of Transportation.

(d) Assistance for small shipyards.—Section 54101(e) of title 46, United States Code, is amended by striking paragraph (2) and inserting the following:

“(2) ALLOCATION OF FUNDS.—

“(A) IN GENERAL.—The Administrator may not award more than 25 percent of the funds appropriated 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 this 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. 5324. Duplication of benefits.

Section 312(b)(4) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155(b)(4)) is amended by adding at the end the following:

“(D) LIMITATION ON USE OF INCOME CRITERIA.—In carrying out subparagraph (A), the President may not impose additional income criteria on a potential grant recipient who has accepted a qualified disaster loan in determining eligibility for duplications of benefit relief.”.

SEC. 5325. Flight instruction or testing.

(a) In general.—An authorized flight instructor providing student instruction, flight instruction, or flight training shall not be deemed to be operating an aircraft carrying persons or property for compensation or hire.

(b) Authorized additional pilots.—An individual acting as an authorized additional pilot during Phase I flight testing of aircraft holding an experimental airworthiness certificate, in accordance with section 21.191 of title 14, Code of Federal Regulations, and meeting the requirements set forth in Federal Aviation Administration regulations and policy in effect as of the date of enactment of this section, shall not be deemed to be operating an aircraft carrying persons or property for compensation or hire.

(c) Use of aircraft.—An individual who uses, causes to use, or authorizes to use aircraft for flights conducted under subsection (a) or (b) shall not be deemed to be operating an aircraft carrying persons or property for compensation or hire.

(d) Revision of rules.—The requirements of this section shall become effective upon the date of enactment. The Administrator of the Federal Aviation Administration shall issue, revise, or repeal the rules, regulations, guidance, or procedures of the Federal Aviation Administration to conform to the requirements of this section.

SEC. 5326. High-speed broadband deployment initiative.

(a) In general.—Title II of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3141 et seq.) is amended by adding at the end the following:

“SEC. 219. High-speed broadband deployment initiative.

“(a) Definitions.—In this section:

“(1) BROADBAND PROJECT.—The term ‘broadband project’ means, for the purpose of providing, extending, expanding, or improving high-speed broadband service to further the goals of this Act—

“(A) planning, technical assistance, or training;

“(B) the acquisition or development of land; or

“(C) the acquisition, design and engineering, construction, rehabilitation, alteration, expansion, or improvement of facilities, including related machinery, equipment, contractual rights, and intangible property.

“(2) ELIGIBLE RECIPIENT.—

“(A) IN GENERAL.—The term ‘eligible recipient’ means an eligible recipient.

“(B) INCLUSIONS.—The term ‘eligible recipient’ includes—

“(i) a public-private partnership; and

“(ii) a consortium formed for the purpose of providing, extending, expanding, or improving high-speed broadband service between 1 or more eligible recipients and 1 or more for-profit organizations.

“(3) HIGH-SPEED BROADBAND.—The term ‘high-speed broadband’ means the provision of 2-way data transmission with sufficient downstream and upstream speeds to end users to permit effective participation in the economy and to support economic growth, as determined by the Secretary.

“(b) Broadband projects.—

“(1) IN GENERAL.—On the application of an eligible recipient, the Secretary may make grants under this title for broadband projects, which shall be subject to the provisions of this section.

“(2) CONSIDERATIONS.—In reviewing applications submitted under paragraph (1), the Secretary shall take into consideration geographic diversity of grants allocated, including consideration of underserved markets, in addition to data requested in paragraph (3).

“(3) DATA REQUESTED.—In reviewing an application submitted under paragraph (1), the Secretary shall request from the Federal Communications Commission, the Administrator of the National Telecommunications and Information Administration, the Secretary of Agriculture, and the Appalachian Regional Commission data on—

“(A) the level and extent of broadband service that exists in the area proposed to be served; and

“(B) the level and extent of broadband service that will be deployed in the area proposed to be served pursuant to another Federal program.

“(4) INTEREST IN REAL OR PERSONAL PROPERTY.—For any broadband project carried out by an eligible recipient that is a public-private partnership or consortium, the Secretary shall require that title to any real or personal property acquired or improved with grant funds, or if the recipient will not acquire title, another possessory interest acceptable to the Secretary, be vested in a public partner or eligible nonprofit organization or association for the useful life of the project, after which title may be transferred to any member of the public-private partnership or consortium in accordance with regulations promulgated by the Secretary.

“(5) PROCUREMENT.—Notwithstanding any other provision of law, no person or entity shall be disqualified from competing to provide goods or services related to a broadband project on the basis that the person or entity participated in the development of the broadband project or in the drafting of specifications, requirements, statements of work, or similar documents related to the goods or services to be provided.

“(6) BROADBAND PROJECT PROPERTY.—

“(A) IN GENERAL.—The Secretary may permit a recipient of a grant for a broadband project to grant an option to acquire real or personal property (including contractual rights and intangible property) related to that project to a third party on such terms as the Secretary determines to be appropriate, subject to the condition that the option may only be exercised after the Secretary releases the Federal interest in the property.

“(B) TREATMENT.—The grant or exercise of an option described in subparagraph (A) shall not constitute a redistribution of grant funds under section 217.

“(c) Non-Federal share.—In determining the amount of the non-Federal share of the cost of a broadband project, the Secretary may provide credit toward the non-Federal share for the present value of allowable contributions over the useful life of the broadband project, subject to the condition that the Secretary may require such assurances of the value of the rights and of the commitment of the rights as the Secretary determines to be appropriate.”.

(b) Clerical amendment.—The table of contents in section 1(b) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 note; Public Law 89–136) is amended by inserting after the item relating to section 218 the following:

“Sec. 219. High-speed broadband deployment initiative.”.

SEC. 5401. Services That Open Portals to Dirty Money Act.

(a) Short title.—This section may be cited as the “Establishing New Authorities for Businesses Laundering and Enabling Risks to Security Act” and the “ENABLERS Act”.

(b) Findings.—Congress finds the following:

(1) Kleptocrats and other corrupt actors across the world are increasingly relying on non-bank professional service providers, including non-bank professional service providers operating in the United States, to move, hide, and grow their ill-gotten gains.

(2) In 2003, the Financial Action Task Force, an intergovernmental body formed by the United States and other major industrial nations, determined that designated non-financial businesses and professions should be subject to the same anti-money laundering and counter-terrorist financing rules and regulations as financial institutions, including the requirement to know your customer or client and to perform due diligence, as well as to file suspicious transaction reports, referred to as suspicious activity reports or “SARs” in the United States.

(3) In October 2021, the “Pandora Papers”, the largest exposé of global financial data in history, revealed to a global audience how the United States plays host to a highly specialized group of “enablers” who help the world’s elite move, hide, and grow their money.

(4) The Pandora Papers described how an adviser to the former Prime Minister of Malaysia reportedly used affiliates of a United States law firm to assemble and consult a network of companies, despite the adviser fitting the “textbook definition” of a high-risk client. The adviser went on to use his companies to help steal $4.5 billion from Malaysia’s public investment fund in one of “the world’s biggest-ever financial frauds”, known as 1MDB.

(5) Russian oligarchs have used gatekeepers to move their money into the United States. For example, a gatekeeper formed a company in Delaware that reportedly owns a $15 million mansion in Washington, D.C., that is linked to one of Vladimir Putin’s closest allies. Also, reportedly connected to the oligarch is a $14 million townhouse in New York City owned by a separate Delaware company.

(6) The Pandora Papers uncovered over 200 United States-based trusts across 15 States that held assets of over $1 billion, “including nearly 30 trusts that held assets linked to people or companies accused of fraud, bribery, or human rights abuses”. In particular, South Dakota, Nevada, Delaware, Florida, Wyoming, and New Hampshire have emerged as global hotspots for those seeking to hide their assets and minimize their tax burdens.

(7) In 2016, an investigator with the non-profit organization Global Witness posed as an adviser to a corrupt African official and set up meetings with 13 New York City law firms to discuss how to move suspect funds into the United States. Lawyers from all but one of the firms provided advice to the faux adviser, including advice on how to utilize anonymous companies to obscure the true owner of the assets. Other suggestions included naming the lawyer as a trustee of an offshore trust in order to open a bank account, and using the law firm’s escrow account to receive payments.

(8) The autocratic Prime Minister of Iraqi Kurdistan, reportedly known for torturing and killing journalists and critics, allegedly purchased a retail store valued at over $18 million in Miami, Florida, with the assistance of a Pennsylvania-based law firm.

(9) Teodoro Obiang, the vice president of Equatorial Guinea and son of the country’s authoritarian president, embezzled millions of dollars from his home country, which was then used to purchase luxury assets in the United States. Obiang relied on the assistance of two American lawyers to move millions of dollars of suspect funds through U.S. banks. The lawyers incorporated five shell companies in California and opened bank accounts associated with the companies for Obiang’s personal use. The suspect funds were first wired to the lawyers’ attorney-client and firm accounts, then transferred to the accounts of the shell companies.

(10) An American consulting company reportedly made millions of dollars working for companies owned or partly owned by Isabel dos Santos, the eldest child of a former President of Angola. This included working with Angola’s state oil company when it was run by Isabel dos Santos and helping to “run a failing jewelry business acquired with Angolan money”. In 2021, a Dutch tribunal found that Isabel dos Santos and her husband obtained a $500 million stake in the oil company through “grand corruption”.

(11) In December 2021, the United States Government issued a first-ever “United States Strategy on Countering Corruption”, that includes “Curbing Illicit Finance” as a strategic pillar. An express line of effort to advance this strategic pillar states that: “Deficiencies in the U.S. regulatory framework mean various professionals and service providers—including lawyers, accountants, trust and company service providers, incorporators, and others willing to be hired as registered agents or who act as nominees to open and move funds through bank accounts—are not required to understand the nature or source of income of their clients or prospective clients. . .While U.S. law enforcement has increased its focus on such facilitators, it is both difficult to prove ‘intent and knowledge’ that a facilitator was dealing with illicit funds or bad actors, or that they should have known the same. Cognizant of such constraints, the Administration will consider additional authorities to cover key gatekeepers, working with the Congress as necessary to secure additional authorities”.

(12) This section provides the authorities needed to require that professional service providers who serve as key gatekeepers to the U.S. financial system adopt anti-money laundering procedures that can help detect and prevent the laundering of corrupt and other criminal funds into the United States. Absent such authorities, the United States Government will be unable to adequately protect the U.S. financial system, identify funds and assets that are the proceeds of corruption, or support foreign states in their efforts to combat corruption and promote good governance.

(1) IN GENERAL.—Section 5312(a)(2) of title 31, United States Code, as amended by the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, is amended—

(A) by redesignating subparagraphs (Z) and (AA) as subparagraphs (AA) and (BB), respectively; and

(B) by inserting after subparagraph (Y) the following:

“(Z) any person, excluding any governmental entity, employee, or agent, who engages in any activity which the Secretary determines, by regulation pursuant to section 5337(a), to be the provision, with or without compensation, of—

“(i) corporate or other legal entity arrangement, association, or formation services;

“(ii) trust services;

“(iii) third party payment services; or

“(iv) legal or accounting services that—

“(I) involve financial activities that facilitate—

“(aa) corporate or other legal entity arrangement, association, or formation services;

“(bb) trust services; or

“(cc) third party payment services; and

“(II) are not direct payments or compensation for civil or criminal defense matters.”.

(2) REQUIREMENTS FOR GATEKEEPERS.—Subchapter II of chapter 53 of subtitle IV of title 31, United States Code, is amended by adding at the end the following:

“§ 5337. Requirements for gatekeepers.

“(a) In general.—

“(1) IN GENERAL.—The Secretary shall, not later than 1 year after the date of the enactment this section, issue a rule to—

“(A) determine what persons fall within the class of persons described in section 5312(a)(2)(Z); and

“(B) prescribe appropriate requirements for such persons.

“(2) SENSE OF THE CONGRESS.—It is the sense of the Congress that when issuing a rule to determine what persons fall within the class of persons described in section 5312(a)(2)(Z), the Secretary shall design such rule—

“(A) to minimizes burden of such rule and maximizes the intended outcome of such rule, as determined by the Secretary; and

“(B) avoid applying additional requirements for persons that may fall within the class of persons described in section 5312(a)(2)(Z) but whom are already, as determined by the Secretary, appropriately regulated under section 5312.

“(3) IDENTIFICATION OF PERSONS.—When determining what persons fall within the class of persons described in section 5312(a)(2)(Z) the Secretary of the Treasury shall include—

“(A) any person involved in—

“(i) the formation or registration of a corporation, limited liability company, trust, foundation, limited liability partnership, partnership, or other similar entity;

“(ii) the acquisition or disposition of an interest in a corporation, limited liability company, trust, foundation, limited liability partnership, partnership, or other similar entity;

“(iii) providing a registered office, address or accommodation, correspondence or administrative address for a corporation, limited liability company, trust, foundation, limited liability partnership, partnership, or other similar entity;

“(iv) acting as, or arranging for another person to act as, a nominee shareholder for another person;

“(v) the managing, advising, or consulting with respect to money or other assets;

“(vi) the processing of payments;

“(vii) the provision of cash vault services;

“(viii) the wiring of money;

“(ix) the exchange of foreign currency, digital currency, or digital assets; or

“(x) the sourcing, pooling, organization, or management of capital in association with the formation, operation, or management of, or investment in, a corporation, limited liability company, trust, foundation, limited liability partnership, partnership, or other similar entity;

“(B) any person who, in connection with filing any return, directly or indirectly, on behalf of a foreign individual, trust or fiduciary with respect to direct or indirect, United States investment, transaction, trade or business, or similar activities—

“(i) obtains or uses a preparer tax identification number; or

“(ii) would be required to use or obtain a preparer tax identification number, if such person were compensated for services rendered;

“(C) any person acting as, or arranging for another person to act as, a registered agent, trustee, director, secretary, partner of a company, a partner of a partnership, or similar position in relation to a corporation, limited liability company, trust, foundation, limited liability partnership, partnership, or other similar entity; and

“(D) any person, wherever organized or doing business, that is—

“(i) owned or controlled by a person described in subparagraphs (A), (B), or (C);

“(ii) acts as an agent of a person described in subparagraphs (A), (B), or (C); or

“(iii) is an instrumentality of a person described in subparagraphs (A), (B), or (C).

“(b) Requirements.—The Secretary shall require persons described in section 5312(a)(3) to do 1 or more of the following—

“(1) identify and verify account holders and functional equivalents as described in section 5318(l), including by establishing and maintaining written procedures that are reasonably designed to enable the person to identify and verify beneficial owners (as such term is defined in section 5336(a)) of clients;

“(2) maintain appropriate procedures, including the collection and reporting of such information as the Secretary may prescribe by regulation, to ensure compliance with this subchapter and regulations prescribed thereunder or to guard against corruption, money laundering, the financing of terrorism, or other forms of illicit finance;

“(3) establish anti-money laundering programs as described in section 5318(h);

“(4) report suspicious transactions as described in section 5318(g)(1); and

“(5) establish due diligence policies, procedures, and controls as described in section 5318(i).

“(c) Limitation on exemptions.—The Secretary may not delay the application of any requirement described in this subchapter for any person described in section 5312(a)(2)(Z) or section 5337(a)(3).

“(d) Extraterritorial jurisdiction.—Any person described in section 5312(a)(2)(Z) shall be subject to extraterritorial Federal jurisdiction with respect to the requirements of this subtitle.

“(e) Enforcement.—

“(1) RANDOM AUDITS.—Beginning on the date that is 1 year after the date that the Secretary issues a rule to determine what persons fall within the class of persons described in section 5312(a)(2)(Z), and on an ongoing basis thereafter, the Secretary shall conduct random audits of persons that fall within the class of persons described in section 5312(a)(2)(Z), in a manner that the Secretary determines appropriate, to access compliance with this section.

“(2) REPORTS.—The Secretary shall, not later than 180 days after the conclusion of any calendar year that begins after the date that is 1 year after the date that the Secretary issues a rule pursuant to section 5337(a), submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate that—

“(A) describes the results of any random audits conducted pursuant to paragraph (1) during such calendar year; and

“(B) includes recommendations for improving the effectiveness of the requirements imposed under this section on persons described in section 5312(a)(2)(Z).”.

(3) EFFECTIVE DATE.—This section and the amendments made by this section shall take effect on the date that the Secretary of the Treasury issues a rule pursuant to section 5537 of title 31 of the United States Code, as added by this section.

(4) CONFORMING AMENDMENT.—The table of sections in chapter 53 of subtitle IV of title 31, United States Code, is amended by inserting after the item relating to section 5336 the following:

“5337. Requirements for gatekeepers.”.

(5) USE OF TECHNOLOGY TO INCREASE EFFICIENCY AND ACCURACY OF INFORMATION.—

(A) IN GENERAL.—The Secretary of the Treasury, acting through the Director of the Financial Crimes Enforcement Network, shall promote the integrity and timely, efficient collection of information by persons described in section 5312(a)(2)(Z) of title 31, United States Code by exploring the use of technologies to—

(i) effectuate the collection, standardization, transmission, and sharing of such information as required under section 5337 of title 31, United States Code; and

(ii) minimize the burdens associated with the collection, standardization, transmission, and sharing of such information as required under section 5337 of title 31, United States Code.

(B) REPORT.—Not later than 3 years after the date of the enactment of this subsection, the Director of the Financial Crimes Enforcement Network shall submit a report to Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate that—

(i) describes any findings of the Director of the Financial Crimes Enforcement with respect to technologies that may effectuate the collection, standardization, transmission, and sharing of such information as required under section 5337 of title 31, United States Code; and

(ii) makes recommendations for implementing such technologies.

(d) Gatekeepers strategy.—Section 262 of the Countering America’s Adversaries Through Sanctions Act is amended by inserting after paragraph (10) the following:

“(11) GATEKEEPER STRATEGY.—

“(A) IN GENERAL.—A description of efforts to impose sufficient anti-money laundering safeguards on types of persons who serve as gatekeepers.

“(B) UPDATE.—If the updates to the national strategy required under section 261 have been submitted to appropriate congressional committees before the date of the enactment of this paragraph, the President shall submit to the appropriate congressional committees an additional update to the national strategy with respect to the addition of this paragraph not later than 1 year after the date of the enactment of this paragraph.”.

(e) Agency coordination and collaboration.—The Secretary of the Treasury shall, to the greatest extent practicable—

(1) establish relationships with State, local, territorial, and Tribal governmental agencies; and

(2) work collaboratively with such governmental agencies to implement and enforce the regulations prescribed under this section and the amendments made by this section, by—

(A) using the domestic liaisons established in section 310(f) of title 31, United States Code, to share information regarding changes effectuated by this section;

(B) using the domestic liaisons established in section 310(f) of title 31, United States Code, to advise on necessary revisions to State, local, territorial, and Tribal standards with respect to relevant professional licensure;

(C) engaging with various gatekeepers as appropriate, including with respect to information sharing and data sharing; and

(D) working with State, local, territorial, and Tribal governmental agencies to levy professional sanctions on persons who facilitate corruption, money laundering, the financing of terrorist activities, and other related crimes.

(f) Authorization of appropriations.—In addition to amounts otherwise available for such purposes, there are authorized to be appropriated to the Secretary of the Treasury, without fiscal year limitation, $53,300,000 to remain available until expended, exclusively for the purpose of carrying out this section and the amendments made by the Act, including for—

(1) the hiring of personnel;

(2) the exploration and adoption of information technology to effectively support enforcement activities or activities described in subsection (c) of this section and the amendments made by such subsection;

(3) audit, investigatory, and review activities, including those described in subsection (c) of this section and the amendments made by such subsection;

(4) agency coordination and collaboration efforts and activities described in subsection (e) of this section;

(5) for voluntary compliance programs;

(6) for conducting the report in subsection (c)(5) of this section; and

(7) for allocating amounts to the State, local, territorial, and Tribal jurisdictions to pay reasonable costs relating to compliance with or enforcement of the requirements of this section.

(g) Rule of construction.—Nothing in this section may be construed to be limited or impeded by any obligations under State, local, territorial, or Tribal laws or rules concerning privilege, ethics, confidentiality, privacy, or related matters.

SEC. 5402. Review of Cyber-related Matters at the Department of the Treasury.

(a) In general.—No later than 270 days after the date of enactment of this Act, the Secretary of the Treasury shall complete a comprehensive review of the Department of the Treasury’s efforts dedicated to enhancing cybersecurity capability, readiness, and resilience of the financial services sector, specifically as it relates to—

(1) Treasury’s role as the sector risk management agency for the financial services sector, as defined by section 9002 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021; and

(2) integration of operational resilience and cybersecurity for the financial services sector across the Department of the Treasury.

(b) Elements.—The review required under subsection (a) shall include the following elements and considerations:

(1) A comprehensive review of the components and offices within the Departmental Offices of the Department of the Treasury involved in efforts specified in subsection (a).

(2) A review of activities by the Department of the Treasury involved in efforts specified in subsection (a).

(3) An assessment of the how each activity identified in this subsection connects to the National Security Strategy and other related documents of the Executive Branch.

(4) An assessment of the Department of the Treasury’s ability to discharge fully its duties specified in subsection (a) and identify any areas where it may need additional resources, legislation or authority.

(5) An evaluation of the partnerships with other executive branch departments and agencies to support efforts specified in subsection (a).

(6) An evaluation of support to and from the Financial and Banking Information Infrastructure Committee, and its member agencies to enhance efforts specified in subsection (a).

(7) A five-year plan for the Department of the Treasury that defines an objectives and goals related to the efforts specified in subsection (a).

(c) Submission to Congress.—No later than 30 days after the completion of the review specified under subsection (a), the Secretary of the Treasury shall transmit the review to Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate.

(d) Annual update.—No later than February 1st of each year after the submission of the review until 2028, the Secretary shall provide an update on progress made in the preceding year in relation to the plan directed in subsection (b)(7) to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate.

SEC. 5403. Strengthening Awareness of Sanctions.

Section 312 of title 31, United States Code, is amended by adding at the end the following:

“(i) OFAC Exchange.—

“(1) ESTABLISHMENT.—The OFAC Exchange is hereby established within OFAC.

“(2) PURPOSE.—The OFAC Exchange shall facilitate a voluntary public-private information sharing partnership among law enforcement agencies, national security agencies, financial institutions, and OFAC to—

“(A) effectively and efficiently administer and enforce economic and trade sanctions against targeted foreign countries and regimes, terrorists, international narcotics traffickers, those engaged in activities related to the proliferation of weapons of mass destruction, and other threats to the national security, foreign policy, or economy of the United States by promoting innovation and technical advances in reporting—

“(i) under subchapter II of chapter 53 and the regulations promulgated under that subchapter; and

“(ii) with respect to other economic and trade sanctions requirements;

“(B) protect the financial system from illicit use, including evasions of existing economic and trade sanctions programs; and

“(C) facilitate two-way information exchange between OFAC and persons who are required to comply with sanctions administered and enforced by OFAC, including financial institutions, business sectors frequently affected by sanctions programs, and non-government organizations and humanitarian groups impacted by such sanctions programs.

“(3) REPORT.—

“(A) IN GENERAL.—Not later than 1 year after the date of enactment of this subsection, and once every 2 years thereafter for the next 5 years, the Secretary of the Treasury 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 containing—

“(i) an analysis of the efforts undertaken by the OFAC Exchange, which shall include an analysis of—

“(I) the results of those efforts; and

“(II) the extent and effectiveness of those efforts, including the extent and effectiveness of communication between OFAC and persons who are required to comply with sanctions administered and enforced by OFAC;

“(ii) recommendations to improve efficiency and effectiveness of targeting, compliance, enforcement, and licensing activities undertaken by OFAC; and

“(iii) any legislative, administrative, or other recommendations the Secretary may have to strengthen the efforts of the OFAC Exchange.

“(B) CLASSIFIED ANNEX.—Each report under subparagraph (A) may include a classified annex.

“(4) INFORMATION SHARING REQUIREMENT.—Information shared under this subsection shall be shared—

“(A) in compliance with all other applicable Federal laws and regulations;

“(B) in such a manner as to ensure the appropriate confidentiality of personal information; and

“(C) at the discretion of the Director, with the appropriate Federal functional regulator, as defined in section 6003 of the Anti-Money Laundering Act of 2020.

“(5) PROTECTION OF SHARED INFORMATION.—

“(A) REGULATIONS.—OFAC shall, as appropriate, promulgate regulations that establish procedures for the protection of information shared and exchanged between OFAC and the private sector in accordance with this section, consistent with the capacity, size, and nature of the financial institution to which the particular procedures apply.

“(B) USE OF INFORMATION.—Information received by a financial institution pursuant to this section shall not be used for any purpose other than identifying and reporting on activities that may involve the financing of terrorism, proliferation financing, narcotics trafficking, or financing of sanctioned countries, regimes, or persons.

“(6) RULE OF CONSTRUCTION.—Nothing in this subsection may be construed to create new information sharing authorities or requirements relating to the Bank Secrecy Act.”.

SEC. 5404. Briefing on Chinese support for Afghan illicit finance.

(a) Requirement.—Not later than one year after the date of the enactment of this Act, the Secretary of Treasury shall brief the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate on the financial activities of China and Chinese entities in connection with the finances of Afghanistan and the Taliban.

(b) Matters included.—The briefing under subsection (a) shall include the following:

(1) An assessment of the activities undertaken by the People’s Republic of China and Chinese-registered companies to support illicit financial networks in Afghanistan, particularly such networks involved in narcotics trafficking, illicit financial transactions, official corruption, natural resources exploitation, and terrorist networks.

(2) An assessment of financial, commercial, and economic activities undertaken by China and Chinese companies in Afghanistan, including the licit and illicit extraction of critical minerals, to support Chinese policies counter to American strategic interests.

(3) Information relating to the impacts of existing United States and multilateral laws, regulations, and sanctions, including environmental and public health impacts of natural resources exploitation.

(4) Any recommendations to Congress regarding legislative or regulatory improvements necessary to support the identification and disruption of Chinese-supported illicit financial networks in Afghanistan.

SEC. 5405. 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.) is amended by adding at the end the following:

“SEC. 1632. Support for international initiatives to provide debt restructuring or relief to developing countries with unsustainable levels of debt.

“(a) Debt relief.—The Secretary of the Treasury, in consultation with the Secretary of State, shall—

“(1) engage with international financial institutions, the G20, and official and commercial creditors to advance support for prompt and effective implementation and improvement of the Common Framework for Debt Treatments beyond the DSSI (in this section referred to as the ‘Common Framework’), or any successor framework or similar coordinated international debt treatment process in which the United States participates through the establishment and publication of clear and accountable—

“(A) debt treatment benchmarks designed to achieve debt sustainability for each participating debtor;

“(B) standards for appropriate burden-sharing among all creditors with material claims on each participating debtor, without regard for their official, private, or hybrid status;

“(C) robust debt disclosure by creditors, including the People’s Republic of China, and debtor countries, including inter-creditor data-sharing and, to the maximum extent practicable, public disclosure of material terms and conditions of claims on participating debtors;

“(D) expansion of Common Framework country eligibility to lower middle-income countries who otherwise meet the existing criteria;

“(E) improvements to the Common Framework process with the aim of ensuring access to debt relief in a timely manner for those countries eligible and who request treatment; and

“(F) consistent enforcement and improvement of the policies of multilateral institutions relating to asset-based and revenue-based borrowing by participating debtors, and coordinated standards on restructuring collateralized debt;

“(2) engage with international financial institutions and official and commercial creditors to advance support, as the Secretary finds appropriate, for debt restructuring or debt relief for each participating debtor, including, on a case-by-case basis, a debt standstill, if requested by the debtor country through the Common Framework process from the time of conclusion of a staff-level agreement with the International Monetary Fund, and until the conclusion of a memorandum of understanding with its creditor committee pursuant to the Common Framework, or any successor framework or similar coordinated international debt treatment process in which the United States participates; and

“(3) instruct the United States Executive Director at the International Monetary Fund and the United States Executive Director at the World Bank to use the voice and vote of the United States to advance the efforts described in paragraphs (1) and (2).

“(b) Reporting requirement.—Not later than 120 days after the date of the enactment of this section, and annually thereafter, the Secretary of the Treasury, in coordination with the Secretary of State, shall submit to the Committees on Banking, Housing, and Urban Affairs and Foreign Relations of the Senate and the Committees on Financial Services and Foreign Affairs of the House of Representatives a report that describes—

“(1) any actions that have been taken, in coordination with international financial institutions, by official creditors, including the government of, and state-owned enterprises in, the People’s Republic of China, and relevant commercial creditor groups to advance debt restructuring or relief for countries with unsustainable debt that have sought restructuring or relief under the Common Framework, any successor framework or mechanism, or under any other coordinated international arrangement for sovereign debt restructuring in which the United States participates;

“(2) any implementation challenges that hinder the ability of the Common Framework to provide timely debt restructuring for any country with unsustainable debt that seeks debt restructuring or debt payment relief, including any refusal of a creditor to participate in appropriate burden-sharing, including failure to share (or publish, as appropriate) all material information needed to assess debt sustainability; and

“(3) recommendations on how to address any challenges identified in paragraph (2).”.

(b) Sunset.—The amendment made by subsection (a) is repealed effective on the date that is 5 years after the effective date of this section.

SEC. 5406. Payment choice.

(a) Sense of congress.—It is the sense of Congress that every consumer has the right to use cash at retail businesses who accept in-person payments.

(b) Retail businesses prohibited from refusing cash payments.—

(1) IN GENERAL.—Subchapter I of chapter 51 of title 31, United States Code, is amended by adding at the end the following:

“§ 5104. Retail businesses prohibited from refusing cash payments

“(a) In general.—Any person engaged in the business of selling or offering goods or services at retail to the public with a person accepting in-person payments at a physical location (including a person accepting payments for telephone, mail, or internet-based transactions who is accepting in-person payments at a physical location)—

“(1) shall accept cash as a form of payment for sales of less than $2,000 (or, for loan payments, payments made on a loan with an original principal amount of less than $2,000) made at such physical location; and

“(2) may not charge cash-paying customers a higher price compared to the price charged to customers not paying with cash.

“(b) Exceptions.—

“(1) IN GENERAL.—Subsection (a) shall not apply to a person if such person—

“(A) is unable to accept cash because of—

“(i) a sale system failure that temporarily prevents the processing of cash payments; or

“(ii) a temporary insufficiency in cash on hand needed to provide change; or

“(B) provides customers with the means, on the premises, to convert cash into a card that is either a general-use prepaid card, a gift card, or an access device for electronic fund transfers for which—

“(i) there is no fee for the use of the card;

“(ii) there is not a minimum deposit amount greater than 1 dollar;

“(iii) amounts loaded on the card do not expire, except as permitted under paragraph (2);

“(iv) there is no collection of any personal identifying information from the customer;

“(v) there is no fee to use the card; and

“(vi) there may be a limit to the number of transactions.

“(2) INACTIVITY.—A person seeking exception from subsection (a) may charge an inactivity fee in association with a card offered by such person if—

“(A) there has been no activity with respect to the card during the 12-month period ending on the date on which the inactivity fee is imposed;

“(B) not more than 1 inactivity fee is imposed in any 1-month period; and

“(C) it is clearly and conspicuously stated, on the face of the mechanism that issues the card and on the card—

“(i) that an inactivity fee or charge may be imposed;

“(ii) the frequency at which such inactivity fee may be imposed; and

“(iii) the amount of such inactivity fee.

“(c) Right to not accept large bills.—

“(1) IN GENERAL.—Notwithstanding subsection (a), for the 5-year period beginning on the date of enactment of this section, this section shall not require a person to accept cash payments in $50 bills or any larger bill.

“(2) RULEMAKING.—

“(A) IN GENERAL.—The Secretary of the Treasury, in this section referred to as the Secretary, shall issue a rule on the date that is 5 years after the date of the enactment of this section with respect to any bills a person is not required to accept.

“(B) REQUIREMENT.—When issuing a rule under subparagraph (A), the Secretary shall require persons to accept $1, $5, $10, $20, and $50 bills.

“(d) Enforcement.—

“(1) PREVENTATIVE RELIEF.—Whenever any person has engaged, or there are reasonable grounds to believe that any person is about to engage, in any act or practice prohibited by this section, a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order may be brought against such person.

“(2) CIVIL PENALTIES.—Any person who violates this section shall—

“(A) be liable for actual damages;

“(B) be fined not more than $2,500 for a first offense; and

“(C) be fined not more than $5,000 for a second or subsequent offense.

“(3) JURISDICTION.—An action under this section may be brought in any United States district court, or in any other court of competent jurisdiction.

“(4) INTERVENTION OF ATTORNEY GENERAL.—Upon timely application, a court may, in its discretion, permit the Attorney General to intervene in a civil action brought under this subsection, if the Attorney General certifies that the action is of general public importance.

“(5) AUTHORITY TO APPOINT COURT-PAID ATTORNEY.—Upon application by an individual and in such circumstances as the court may determine just, the court may appoint an attorney for such individual and may authorize the commencement of a civil action under this subsection without the payment of fees, costs, or security.

“(6) ATTORNEY’S FEES.—In any action commenced pursuant to this section, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs, and the United States shall be liable for costs the same as a private person.

“(7) REQUIREMENTS IN CERTAIN STATES AND LOCAL AREAS.—In the case of an alleged act or practice prohibited by this section which occurs in a State, or political subdivision of a State, which has a State or local law prohibiting such act or practice and establishing or authorizing a State or local authority to grant or seek relief from such act or practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, no civil action may be brought hereunder before the expiration of 30 days after written notice of such alleged act or practice has been given to the appropriate State or local authority by registered mail or in person, provided that the court may stay proceedings in such civil action pending the termination of State or local enforcement proceedings.

“(e) Greater protection under state law.—This section shall not preempt any law of a State, the District of Columbia, a Tribal government, or a territory of the United States if the protections that such law affords to consumers are greater than the protections provided under this section.

“(f) Rulemaking.—The Secretary shall issue such rules as the Secretary determines are necessary to implement this section, which may prescribe additional exceptions to the application of the requirements described in subsection (a).”.

(2) CLERICAL AMENDMENT.—The table of contents for chapter 51 of title 31, United States Code, is amended by inserting after the item relating to section 5103 the following:

“5104. Retail businesses prohibited from refusing cash payments.”.

(3) RULE OF CONSTRUCTION.—The amendments made by this section may not be construed to have any effect on section 5103 of title 31, United States Code.

(1) IN GENERAL.—Subparagraph (A) of section 7(a)(3) of the Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is amended by reducing the dollar figure described in such subparagraph by $15,000,000.

(2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall take effect on September 30, 2022.

SEC. 5407. Disclosure requirements relating to China-based hedge funds capital raising activities in the United States through certain exempted transactions.

(a) Amendment.—The Securities Exchange Act of 1934 is amended by inserting after section 13A (15 U.S.C. 78m–1) the following:

“SEC. 13B. Disclosure requirements relating to certain exempted transactions.

“(a) In general.—Notwithstanding any other provision of law, in the case of an issuer that is domiciled in the People’s Republic of China, including a China-based hedge fund or a China-based private equity fund, that conducts a covered exempted transaction, such issuer shall provide to the Commission, at such time and in such manner as the Commission may prescribe, the following:

“(1) The identity of the issuer.

“(2) The place of incorporation of the issuer.

“(3) The amount of the issuance involved in the covered exempted transaction and the net proceeds to the issuer.

“(4) The principal beneficial owners of the issuer.

“(5) The intended use of the proceeds from such issuance, including—

“(A) each country in which the issuer intends to invest such proceeds; and

“(B) each industry in which the issuer intends to invest such proceeds.

“(6) The exemption the issuer relies on with respect to such covered exempted transaction.

“(b) Authority to revise and promulgate rules, regulations, and forms.—The Commission shall, for the protection of investors and fair and orderly markets—

“(1) revise and promulgate such rules, regulations, and forms as may be necessary to carry out this section; and

“(2) issue rules to set conditions for the use of covered exempted transactions by an issuer who does not comply with the requirements under subsection (a).

“(c) Covered exempted transaction.—In this section, the term ‘covered exempted transaction’ means an issuance of a security that is exempt from registration under section 5 of the Securities Act of 1933 (15 U.S.C. 77e) that—

“(1) is structured or intended to comply with—

“(A) Rule 506(b) of Regulation D, as promulgated by the Commission;

“(B) Regulation S, as promulgated by the Commission; or

“(C) Rule 144A, as promulgated by the Commission; and

“(2) either—

“(A) has an issuance equal to $25,000,000 or greater; or

“(B) with respect to any 1-year period, has, together with all covered exempted transactions in that period, an aggregate issuance of $50,000,000 or greater.”.

(b) Applicability.—The amendment made by subsection (a) shall apply with respect to issuers of covered exempted transactions on the date that is 270 days after the date of the enactment of this Act.

(c) Report.—The Securities and Exchange Commission shall, each quarter, issue a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate containing all information submitted by an issuer under section 13B of the Securities Exchange Act of 1934, as added by subsection (a), during the previous quarter.

SEC. 5408. Russia and Belarus Financial Sanctions.

(a) In general.—A United States financial institution shall take all actions necessary and available to cause any entity or person owned or controlled by the institution to comply with any provision of law described in subsection (b) to the same extent as required of a United States financial institution.

(b) Provision of law described.—A provision of law described in this subsection is any prohibition or limitation described in a sanctions-related statute, regulation or order applicable to a United States financial institution concerning the Russian Federation or the Republic of Belarus, involving—

(1) the conduct of transactions;

(2) the acceptance of deposits;

(3) the making, granting, transferring, holding, or brokering of loans or credits;

(4) the purchasing or selling of foreign exchange, securities, commodity futures, or options;

(5) the procuring of purchasers and sellers described under paragraph (4) as principal or agent; or

(6) any other good or service provided by a United States financial institution.

(c) Penalty.—A United States financial institution that violates subsection (a) shall be subject to the penalties described in the applicable statute, regulation or order applicable to a United States financial Institution.

(d) United States financial institution defined.—In this section, the term “United States financial institution” means any U.S. entity (including its foreign branches) that is engaged in the business of accepting deposits, making, granting, transferring, holding, or brokering loans or credits, or purchasing or selling foreign exchange, securities, futures or options, or procuring purchasers and sellers thereof, as principal or agent. It includes depository institutions, banks, savings banks, money services businesses, operators of credit card systems, trust companies, insurance companies, securities brokers and dealers, futures and options brokers and dealers, forward contract and foreign exchange merchants, securities and commodities exchanges, clearing corporations, investment companies, employee benefit plans, dealers in precious metals, stones, or jewels, and U.S. holding companies, U.S. affiliates, or U.S. subsidiaries of any of the foregoing. This term includes those branches, offices, and agencies of foreign financial institutions that are located in the United States, but not such institutions’ foreign branches, offices, or agencies.

SEC. 5409. Appraisal standards for single-family housing mortgages.

(a) Certification or licensing.—Paragraph (5) of section 202(g) of the National Housing Act (12 U.S.C. 1708(g)) is amended—

(1) by striking subparagraph (A) and inserting the following new subparagraph:

“(A) (i) in the case of an appraiser for a mortgage for single-family housing, be certified or licensed by the State in which the property to be appraised is located; and

“(ii) in the case of an appraiser for a mortgage for multifamily housing, be certified by the State in which the property to be appraised is located; and”; and

(2) in subparagraph (B), by inserting before the period at the end the following: “, which, in the case of appraisers for any mortgage for single-family housing, shall include completion of a course or seminar that consists of not less than 7 hours of training regarding such appraisal requirements that is approved by the Course Approval Program of the Appraiser Qualifications Board of the Appraisal Foundation or a State appraiser certifying and licensing agency”.

(b) Compliance with verifiable education requirements; grandfathering.—Effective beginning on the date of the effectiveness of the mortgagee letter or other guidance issued pursuant to subsection (c) of this section, notwithstanding any choice or approval of any appraiser made before such date of enactment, no appraiser may conduct an appraisal for any mortgage for single-family housing insured under title II of the National Housing Act (12 U.S.C. 1707 et seq.) unless such appraiser is, as of such date of effectiveness, in compliance with—

(1) all of the requirements under section 202(g)(5) of such Act (12 U.S.C. 1708(g)(5)), as amended by subsection (a) of this section, including the requirement under subparagraph (B) of such section 202(g)(5) (relating to demonstrated verifiable education in appraisal requirements); or

(2) all of the requirements under section 202(g)(5) of such Act as in effect on the day before the date of the enactment of this Act.

(c) Implementation.—Not later than the expiration of the 240-day period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall issue a mortgagee letter or other guidance that shall—

(1) implement the amendments made by subsection (a) of this section;

(2) clearly set forth all of the specific requirements under section 202(g)(5) of the National Housing Act (as amended by subsection (a) of this section) for approval to conduct appraisals under title II of such Act for mortgages for single-family housing, which shall include—

(A) providing that the completion, prior to the effective date of such mortgagee letter or guidance, of training meeting the requirements under subparagraph (B) of such section 202(g)(5) (as amended by subsection (a) of this section) shall be considered to fulfill the requirement under such subparagraph; and

(B) providing a method for appraisers to demonstrate such prior completion; and

(3) take effect not later than the expiration of the 180-day period beginning upon issuance of such mortgagee letter or guidance.

SEC. 5410. China financial threat mitigation.

(a) Report.—Not later than one year after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Chairman of the Board of Governors of the Federal Reserve System, the Chairman of the Securities and Exchange Commission, the Chairman of the Commodity Futures Trading Commission, and the Secretary of State, shall conduct a study and issue a report on the exposure of the United States to the financial sector of the People’s Republic of China that includes—

(1) an assessment of the effects of reforms to the financial sector of the People’s Republic of China on the United States and global financial systems;

(2) a description of the policies the United States Government is adopting to protect the interests of the United States while the financial sector of the People’s Republic of China undergoes such reforms;

(3) a description and analysis of any risks to the financial stability of the United States and the global economy emanating from the People’s Republic of China; and

(4) recommendations for additional actions the United States Government, including United States representatives at relevant international organizations, should take to strengthen international cooperation to monitor and mitigate such financial stability risks and protect United States interests.

(b) Transmission of report.—The Secretary of the Treasury shall transmit the report required under subsection (a) not later than one year after the date of enactment of this Act to the Committees on Financial Services and Foreign Affairs of the House of Representatives, the Committees on Banking, Housing, and Urban Affairs and Foreign Relations of the Senate, and to the United States representatives at relevant international organizations, as appropriate.

(d) Publication of report.—The Secretary of the Treasury shall publish the report required under subsection (a) (other than any classified annex) on the website of the Department of the Treasury not later than one year after the date of enactment of this Act.

SEC. 5411. Review of FHA small-dollar mortgage practices.

(a) Congressional findings.—The Congress finds that—

(1) affordable homeownership opportunities are being hindered due to the lack of financing available for home purchases under $100,000;

(2) according to the Urban Institute, small-dollar mortgage loan applications in 2017 were denied by lenders at double the rate of denial for large mortgage loans, and this difference in denial rates cannot be fully explained by differences in the applicants’ credit profiles;

(3) according to data compiled by Attom Data solutions, small-dollar mortgage originations have decreased 38 percent since 2009, while there has been a 65-percent increase in origination of mortgages for more than $150,000;

(4) the FHA’s mission is to serve creditworthy borrowers who are underserved and, according to the Urban Institute, the FHA serves 24 percent of the overall market, but only 19 percent of the small-dollar mortgage market; and

(5) the causes behind these variations are not fully understood, but merit study that could assist in furthering the Department of Housing and Urban Development’s mission, including meeting the housing needs of borrowers the program is designed to serve and reducing barriers to homeownership, while protecting the solvency of the Mutual Mortgage Insurance Fund.

(b) Review.—The Secretary of Housing and Urban Development shall conduct a review of its FHA single-family mortgage insurance policies, practices, and products to identify any barriers or impediments to supporting, facilitating, and making available mortgage insurance for small dollar mortgages, as defined by the Secretary. Not later than the expiration of the 12-month period beginning on the date of the enactment of this Act, the Secretary shall submit a report to the Congress describing the findings of such review and the actions that the Secretary will take, without adversely affecting the solvency of the Mutual Mortgage Insurance Fund, to remove such barriers and impediments to providing mortgage insurance for such mortgages.

SEC. 5412. Disclosure of businesses ties to Russia.

(a) In general.—Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following:

“(s) Disclosure of business ties to Russia.—Any issuer required to file an annual or quarterly report under subsection (a) that—

“(1) does business in Russia, or with or through firms domiciled in Russia, regardless of where that business activity takes place, or

“(2) with the Russian government, or with any entity owned by or affiliated with such government, regardless of where that business activity takes place,

shall disclose in that report relevant facts and a description about the business activity.”.

(b) The Securities and Exchange Commission shall within 270 days of enactment of this section define any necessary terms and amend its rules or forms, to carry out the requirements of the provision added by subsection (a).

SEC. 5413. Small business loan data collection.

(a) In general.—Section 704B of the Equal Credit Opportunity Act (15 U.S.C. 1691c–2) is amended—

(1) by inserting “LGBTQ-owned,” after “minority-owned,” each place such term appears;

(2) in subsection (e)(2)(G), by inserting “, sexual orientation, gender identity” after “sex”; and

(3) in subsection (h), by adding at the end the following:

“(7) LGBTQ-OWNED BUSINESS.—The term ‘LGBTQ-owned business’ means a business—

“(A) more than 50 percent of the ownership or control of which is held by 1 or more individuals self-identifying as lesbian, gay, bisexual, transgender, or queer; and

“(B) more than 50 percent of the net profit or loss of which accrues to 1 or more individuals self-identifying as lesbian, gay, bisexual, transgender, or queer.”.

(b) Discretionary surplus fund.—

(1) IN GENERAL.—Subparagraph (A) of section 7(a)(3) of the Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is amended by reducing the dollar figure described in such subparagraph by $500,000.

(2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall take effect on September 30, 2032.

SEC. 5414. Nationwide Emergency Declaration medical supplies enhancement.

(a) Determination on emergency supplies and other public health emergencies.—For the purposes of section 101 of the Defense Production Act of 1950 (50 U.S.C. 4511), the following materials may be deemed by the President, during a nationwide emergency declaration period, to be scarce and critical materials essential to the national defense and otherwise meet the requirements of section 101(b) of such Act, and funds available to implement such Act may be used for the purchase, production (including the construction, repair, and retrofitting of government-owned facilities as necessary), or distribution of such materials:

(1) Face masks and personal protective equipment, including non-surgical isolation gowns, face shields, nitrile gloves, N–95 filtering facepiece respirators, and any other masks or equipment (including durable medical equipment) determined by the Secretary of Health and Human Services to be needed to respond during a nationwide emergency declaration period, and the materials, machinery, additional manufacturing lines or facilities, or other technology necessary to produce such equipment.

(2) Drugs and devices (as those terms are defined in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.)) and biological products (as that term is defined by section 351 of the Public Health Service Act (42 U.S.C. 262)) that are approved, cleared, licensed, or authorized for use during a nationwide emergency, and any materials, manufacturing machinery, additional manufacturing or fill-finish lines or facilities, technology, or equipment (including durable medical equipment) necessary to produce or use such drugs, biological products, or devices (including syringes, vials, or other supplies or equipment related to delivery, distribution, or administration).

(3) Any other medical equipment or supplies determined by the Secretary of Health and Human Services or the Secretary of Homeland Security to be scarce and critical materials essential to the national defense for purposes of section 101 of the Defense Production Act of 1950 (50 U.S.C. 4511).

(b) Enhancement of supply chain production.—In exercising authority under title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) with respect to materials described in subsection (a), the President shall seek to ensure that support is provided to companies that comprise the supply chains for reagents, components, raw materials, and other materials and items necessary to produce or use the materials described in subsection (a) to the extent necessary for the national defense during a nationwide emergency declaration and subsequent major disaster declarations under sections 501 and 401, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191, 5170).

(1) REPORT ON EXERCISING AUTHORITIES UNDER THE DEFENSE PRODUCTION ACT OF 1950.—

(A) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the President, in consultation with the Administrator of the Federal Emergency Management Agency, the Secretary of Defense, and the Secretary of Health and Human Services, shall submit to the appropriate congressional committees a report on the exercise of authorities under titles I, III, and VII of the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) prior to the date of such report for the purposes of the nationwide emergency declaration response.

(B) CONTENTS.—The report required under subparagraph (A) and the update required under subparagraph (C) shall include the following:

(i) IN GENERAL.—With respect to each exercise of such authority—

(I) an explanation of the purpose of the applicable contract, purchase order, or other exercise of authority (including an allocation of materials, services, and facilities under section 101(a)(2) of the Defense Production Act of 1950 (50 U.S.C. 4511(a)(2));

(II) the cost of such exercise of authority; and

(III) if applicable—

(aa) the amount of goods that were purchased or allocated;

(bb) an identification of the entity awarded a contract or purchase order or that was the subject of the exercise of authority; and

(cc) an identification of any entity that had shipments delayed by the exercise of any authority under the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.).

(ii) CONSULTATIONS.—A description of any consultations conducted with relevant stakeholders on the needs addressed by the exercise of the authorities described in subparagraph (A).

(C) UPDATE.—The President shall provide an additional briefing to the appropriate congressional committees on the matters described under subparagraph (B) no later than four months after the submission of the report.

(2) SUNSET.—The requirements of this section shall terminate at the end of the nationwide emergency declaration period.

SEC. 5415. Special measures to fight modern threats.

(a) Findings.—Congress finds the following:

(1) The Financial Crimes Enforcement Network (FinCEN) is the Financial Intelligence Unit of the United States tasked with safeguarding the financial system from illicit use, combating money laundering and its related crimes including terrorism, and promoting national security.

(2) Per statute, FinCEN may require domestic financial institutions and financial agencies to take certain “special measures” against jurisdictions, institutions, classes of transactions, or types of accounts determined to be of primary money laundering concern, providing the Secretary with a range of options, such as enhanced record-keeping, that can be adapted to target specific money laundering and terrorist financing and to bring pressure on those that pose money laundering threats.

(3) This special-measures authority was granted in 2001, when most cross-border transactions occurred through correspondent or payable-through accounts held with large financial institutions which serve as intermediaries to facilitate financial transactions on behalf of other banks.

(4) Innovations in financial services have transformed and expanded methods of cross-border transactions that could not have been envisioned 20 years ago when FinCEN was given its special-measures authority.

(5) These innovations, particularly through digital assets and informal value transfer systems, while useful to legitimate consumers and law enforcement, can be tools abused by bad actors like sanctions evaders, fraudsters, money launderers, and those who commit ransomware attacks on victimized U.S. companies and which abuse the financial system to move and obscure the proceeds of their crimes.

(6) Ransomware attacks on U.S. companies requiring payments in cryptocurrencies have increased in recent years, with the U.S. Treasury estimating that ransomware payments in the United States reached $590 million in just the first half of 2021, compared to a total of $416 million in 2020.

(7) As ransomware attacks organized by Chinese and other foreign bad actors continue to grow in size and scope, modernizing FinCEN’s special measure authorities will empower FinCEN to adapt its existing tools, monitor and obstruct global financial threats, and meet the challenges of combating 21st century financial crime.

(b) Prohibitions or conditions on certain transmittals of funds.—Section 5318A of title 31, United States Code, is amended—

(1) in subsection (a)(2)(C), by striking “subsection (b)(5)” and inserting “paragraphs (5) and (6) of subsection (b)”; and

(2) in subsection (b)—

(A) in paragraph (5), by striking “for or on behalf of a foreign banking institution”; and

(B) by adding at the end the following:

“(6) PROHIBITIONS OR CONDITIONS ON CERTAIN TRANSMITTALS OF FUNDS.—If the Secretary finds a jurisdiction outside of the United States, 1 or more financial institutions operating outside of the United States, 1 or more types of accounts within, or involving, a jurisdiction outside of the United States, or 1 or more classes of transactions within, or involving, a jurisdiction outside of the United States to be of primary money laundering concern, the Secretary, in consultation with the Secretary of State, the Attorney General, and the Chairman of the Board of Governors of the Federal Reserve System, may prohibit, or impose conditions upon certain transmittals of funds (as such term may be defined by the Secretary in a special measure issuance, by regulation, or as otherwise permitted by law), to or from any domestic financial institution or domestic financial agency if such transmittal of funds involves any such jurisdiction, institution, type of account, or class of transaction.”.

SEC. 5416. Submission of data relating to diversity.

Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following:

“(s) Submission of data relating to diversity.—

“(1) DEFINITIONS.—In this subsection—

“(A) the term ‘executive officer’ has the meaning given the term in section 230.501(f) of title 17, Code of Federal Regulations, as in effect on the date of enactment of this subsection; and

“(B) the term ‘veteran’ has the meaning given the term in section 101 of title 38, United States Code.

“(2) SUBMISSION OF DISCLOSURE.—Each issuer required to file an annual report under subsection (a) shall disclose in any proxy statement and any information statement relating to the election of directors filed with the Commission the following:

“(A) Demographic data, based on voluntary self-identification, on the racial, ethnic, gender identity, and sexual orientation composition of—

“(i) the board of directors of the issuer;

“(ii) nominees for the board of directors of the issuer; and

“(iii) the executive officers of the issuer.

“(B) The status of any member of the board of directors of the issuer, any nominee for the board of directors of the issuer, or any executive officer of the issuer, based on voluntary self-identification, as a veteran.

“(C) Whether the board of directors of the issuer, or any committee of that board of directors, has, as of the date on which the issuer makes a disclosure under this paragraph, adopted any policy, plan, or strategy to promote racial, ethnic, and gender diversity among—

“(i) the board of directors of the issuer;

“(ii) nominees for the board of directors of the issuer; or

“(iii) the executive officers of the issuer.

“(3) ALTERNATIVE SUBMISSION.—In any 1-year period in which an issuer required to file an annual report under subsection (a) does not file with the Commission a proxy statement or an information statement relating to the election of directors, the issuer shall disclose the information required under paragraph (2) in the first annual report of issuer that the issuer submits to the Commission after the end of that 1-year period.

“(4) ANNUAL REPORT.—Not later than 18 months after the date of enactment of this subsection, and annually thereafter, the 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, and publish on the website of the Commission, a report that analyzes the information disclosed under paragraphs (2) and (3) and identifies any trends with respect to such information.

“(5) BEST PRACTICES.—

“(A) IN GENERAL.—The Director of the Office of Minority and Women Inclusion of the Commission shall, not later than 3 years after the date of enactment of this subsection, and every 3 years thereafter, publish best practices for compliance with this subsection.

“(B) COMMENTS.—The Director of the Office of Minority and Women Inclusion of the Commission may, pursuant to subchapter II of chapter 5 of title 5, United States Code, solicit public comments related to the best practices published under subparagraph (A).”.

SEC. 5417. Diversity advisory group.

(a) Definitions.—For the purposes of this section:

(1) ADVISORY GROUP.—The term “Advisory Group” means the Diversity Advisory Group established under subsection (b).

(2) COMMISSION.—The term “Commission” means the Securities and Exchange Commission.

(3) ISSUER.—The term “issuer” has the meaning given the term in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)).

(b) Establishment.—The Commission shall establish a Diversity Advisory Group, which shall be composed of representatives from—

(1) the Federal Government and State and local governments;

(2) academia; and

(3) the private sector.

(1) carry out a study that identifies strategies that can be used to increase gender identity, racial, ethnic, and sexual orientation diversity among members of boards of directors of issuers; and

(2) not later than 270 days after the date on which the Advisory Group is established, submit to the Commission, the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Committee on Financial Services of the House of Representatives a report that—

(A) describes any findings from the study conducted under paragraph (1); and

(B) makes recommendations regarding strategies that issuers could use to increase gender identity, racial, ethnic, and sexual orientation diversity among board members.

(d) Annual report.—Not later than 1 year after the date on which the Advisory Group submits the report required under subsection (c)(2), and annually thereafter, the 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 that describes the status of gender identity, racial, ethnic, and sexual orientation diversity among members of the boards of directors of issuers.

(e) Public availability of reports.—The Commission shall make all reports of the Advisory Group available to issuers and the public, including on the website of the Commission.

(f) Inapplicability of Federal Advisory Committee Act.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Advisory Group or the activities of the Advisory Group.

SEC. 5418. Discount on mortgage insurance premium payments for first-time homebuyers who complete financial literacy housing counseling programs.

The second sentence of subparagraph (A) of section 203(c)(2) of the National Housing Act (12 U.S.C. 1709(c)(2)(A)) is amended—

(1) by inserting before the comma the following: “and such program is completed before the mortgagor has signed an application for a mortgage to be insured under this title or a sales agreement”; and

(2) by striking “not exceed 2.75 percent of the amount of the original insured principal obligation of the mortgage” and inserting “be 25 basis points lower than the premium payment amount established by the Secretary under the first sentence of this subparagraph”.

SEC. 5419. Capacity building for community development and affordable housing.

Section 4 of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note) is amended—

(1) in subsection (a), by striking “the National Community Development Initiative, Local Initiatives Support Corporation, The Enterprise Foundation, Habitat for Humanity, and Youthbuild USA” and inserting “non-Federal entities, including nonprofit organizations that can provide technical assistance activities to community development corporations, community housing development organizations, community land trusts, nonprofit organizations in insular areas, and other mission-driven and nonprofit organizations that target services to low-income and socially disadvantaged populations, and provide services in neighborhoods having high concentrations of minority, low-income, or socially disadvantaged populations,”; and

(2) in subsection (b)(3), by striking “National Community Development Initiative, Local Initiatives Support Corporation, The Enterprise Foundation, Habitat for Humanity, and Youthbuild USA” and inserting “non-Federal entities through which assistance is provided under this section,”.

SEC. 5420. Affordable housing construction as eligible activity under Community Development Block Grant Program.

(a) Eligible activity.—Subsection (a) of section 105 of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)) is amended—

(1) in paragraph (25)(D), by striking “and” at the end;

(2) in paragraph (26), by striking the period at the end and inserting “; and”; and

(3) by adding at the end the following new paragraph:

“(27) the new construction of affordable housing, within the meaning given such term under section 215 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12745).”.

(b) Low and moderate income requirement.—Paragraph (3) of section 105(c) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(c)(3)) is amended by striking “or rehabilitation” and inserting “, rehabilitation, or new construction”.

(c) Applicability.—The amendments made by this section shall apply with respect only to amounts appropriated after the date of the enactment of this Act.

SEC. 5421. Consideration of small home mortgage lending under Community Reinvestment Act.

(a) In general.— Section 804 of the Community Reinvestment Act of 1977 (12 U.S.C. 2903) is amended by adding at the end the following:

“(e) Consideration of small home mortgage lending.—

“(1) IN GENERAL.—As part of assessing a financial institution under subsection (a), the appropriate Federal financial supervisory agency shall evaluate the financial institution’s performance in facilitating home mortgage lending targeted to low- and moderate-income borrowers in a safe and sound manner, including—

“(A) mortgages of $100,000 or less in value that facilitate a home purchase or help a borrower to refinance an existing mortgage;

“(B) mortgages of $100,000 or less in value originated in cooperation with a minority depository institution, women’s depository institution, low-income credit union, or a community development financial institution certified by the Secretary of the Treasury (as defined under section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994);

“(C) mortgages of $100,000 or less in value originated to purchase or refinance a home as part of a special purpose credit program (as defined under section 1002.8(a) of title 12, Code of Federal Regulations).

“(2) DATA COLLECTION AND REPORTING BY LARGE FINANCIAL INSTITUTIONS.—

“(A) IN GENERAL.—Each large financial institution shall collect, maintain, and report to the appropriate Federal financial supervisory agency—

“(i) mortgage loan data needed to calculate retail lending volume and distribution metrics;

“(ii) information related to demographics of borrowers, including the income, disability, gender identity, race, and ethnicity of mortgage applicants;

“(iii) the number of mortgage loans originated with a value of $100,000 or less as well as the demographics of borrowers, including income, race, gender, and ethnicity; and

“(iv) all mortgage loans for the purpose of a home purchase and a refinance originated by the bank through a special purpose credit program, to focus on Black, Latinx, Native American, Asian American, Pacific Islander borrowers.

“(B) TEMPLATE.—The appropriate Federal financial supervisory agencies shall, jointly, issue rules to establish a template that large financial institutions shall use to collect information required to be collected under this paragraph.

“(C) LARGE FINANCIAL INSTITUTION DEFINED.—The appropriate Federal financial supervisory agencies shall, jointly, define the term ‘large financial institution’ for purposes of this paragraph.”.

(b) Discretionary surplus fund.—

(1) IN GENERAL.—Subparagraph (A) of section 7(a)(3) of the Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is amended by reducing the dollar figure described in such subparagraph by $3,000,000.

(2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall take effect on September 30, 2022.

SEC. 5422. Prohibition on consumer reports containing adverse information related to certain student loans.

(a) Canceled or forgiven Federal student loans.—Section 605(a) of the Fair Credit Reporting Act (15 U.S.C. 1681c(a)) is amended by adding at the end the following:

“(9) Any adverse information related to any portion of a loan made, insured, or guaranteed under part B or made under part D of the Higher Education Act of 1965, to the extent the loan was repaid, canceled, or otherwise forgiven by the Secretary of Education.”.

(b) Student loans related to Corinthian Colleges.—Section 605(a) of the Fair Credit Reporting Act (15 U.S.C. 1681c(a)), as amended by subsection (a), is further amended by adding at the end the following:

“(10) Any adverse information related to a private education loan (as defined under section 140(a) of the Truth in Lending Act) if such loan was provided to cover expenses related to attending a school owned by Corinthian Colleges, Inc.”.

SEC. 5423. Extension of the Central Liquidity Facility.

(a) In general.—Section 4016(b) of the CARES Act (12 U.S.C. 1795a note) is amended by adding at the end the following:

“(3) EXTENSION.—During the period beginning on the date of enactment of this Act and ending on December 31, 2023, the provisions of law amended by this subsection shall be applied as such provisions were in effect on the day before the effective date described under paragraph (2).”.

(b) CLF borrowing authority.—Effective on the date of enactment of the CARES Act, section 307(a)(4)(A) of the Federal Credit Union Act (12 U.S.C. 1795f(a)(4)(A)) is amended by striking “twelve times the subscribed capital stock and surplus of the Facility, provided that, the total face value of such obligations shall not exceed 16 times the subscribed capital stock and surplus of the Facility for the period beginning on the date of enactment of the Coronavirus Economic Stabilization Act of 2020 and ending on December 31, 2021” and inserting “16 times the subscribed capital stock and surplus of the Facility”.

SEC. 5424. Promoting capital raising options for traditionally underrepresented small businesses.

Section 4(j)(4) of the Securities Exchange Act of 1934 (15 U.S.C. 78d(j)(4)) is amended—

(1) in subparagraph (G), by striking “and” at the end;

(2) in subparagraph (H), by striking the period at the end and insert a semicolon; and

(3) by adding at the end the following:

“(I) provide educational resources and host events to raise awareness of capital raising options for—

“(i) underrepresented small businesses, including women-owned and minority-owned small businesses;

“(ii) businesses located in rural areas; and

“(iii) small businesses affected by hurricanes or other natural disasters; and

“(J) at least annually, meet with representatives of State securities commissions to discuss opportunities for collaboration and coordination with respect to efforts to assist small businesses and small business investors.”.

SEC. 5425. Improvements by countries in combating narcotics-related money laundering.

Section 489(a)(7) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h(a)(7)) is amended—

(1) in the matter before subparagraph (A), by striking “paragraph (3)(D)” and inserting “paragraph (3)(C)”; and

(2) by inserting after subparagraph (C) the following:

“(D) Where the information is available, examples of improvements in each country related to the findings described in each of clauses (i) through (viii) of subparagraph (C), such as—

“(i) actions taken by the country due to each country’s adoption of law and regulations considered essential to prevent narcotics-related money laundering;

“(ii) enhanced enforcement actions taken by the country, such as regulatory penalties, criminal prosecutions and convictions, and asset seizures and forfeitures;

“(iii) status changes in international financial crime-related evaluations;

“(iv) other descriptions that are representative of efforts to enhance the prevention of narcotics-related money laundering; and

“(v) if applicable, bilateral, multilateral, and regional initiatives which have been undertaken to prevent narcotics-related money laundering.”.

SEC. 5426. Study on the role of online platforms and tenant screening companies in the housing market.

(a) Study.—The Secretary of Housing and Urban Development and the Director of the Bureau of Consumer Financial Protection shall, jointly, carry out a study to—

(1) assess the role of online platforms and tenant screening companies in the housing market, including purchasing homes and providing housing-related services to landlords and consumers, including tenants, homeowners, and prospective homebuyers;

(2) assess how such entities currently comply with fair housing, fair lending, and consumer financial protection laws and regulations (including the Fair Housing Act, the Equal Credit Opportunity Act, the Fair Credit Reporting Act, and other relevant statutes and regulations determined relevant by the Secretary and the Director), including in their digital advertising, digital listing, and tenant screening practices;

(3) assess how such entities are currently using artificial intelligence, including machine learning, in their services, and how these technologies are being assessed for compliance with appropriate fair housing and fair lending laws; and

(4) assess the impact of how such entities and their use of artificial intelligence technologies, including machine learning, affect low- and moderate-income communities and communities of color in particular, including any impediments to fair housing and fair lending.

(b) Reports.—

(1) IN GENERAL.—The Secretary and the Director shall, jointly, issue an initial report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate not later than 1 year after the date of enactment of this Act, and issue a final report to such committees not later than 2 years after the date of enactment of this Act, containing—

(A) all findings and determinations made in carrying out the study required under subsection (a); and

(B) any recommendations on how to improve entities’, as described under subsection (a)(1), compliance with fair housing, fair lending, and consumer financial protection laws and regulations, including to affirmatively further fair housing, to prevent algorithmic bias, and to promote greater transparency, explainability, privacy, and fairness in the development and implementation of artificial intelligence technologies, including machine learning, with respect to the products and services they offer.

(2) ADDITIONAL REPORTS.—The Secretary and the Director may, either individually or jointly, issue updates to the final report described under paragraph (1), as the Secretary or the Director determines necessary.

SEC. 5427. United States opposition to multilateral development bank projects that provide a public subsidy to a private sector firm unless the subsidy is awarded using an open, competitive process or on an open-access basis.

Title XV of the International Financial Institutions Act (22 U.S.C. 262o-262o-4) is amended by adding at the end the following:

“SEC. 1506. United States opposition to multilateral development bank projects that provide a public subsidy to a private sector firm unless the subsidy is awarded using an open, competitive process or on an open-access basis.

“(a) In general.—The Secretary of the Treasury shall instruct the United States Executive Director at each multilateral development bank—

“(1) to use voice, vote, and influence of the United States to ensure that private sector subsidies provided by the respective bank, including through the Private Sector Window of the International Development Association, are provided in accordance with the World Bank guidelines; and

“(2) to vote against any project at the respective bank, including through the Private Sector Window of the International Development Association, that provides a public subsidy to a private sector firm unless—

“(A) the subsidy is awarded using an open, competitive process;

“(B) the subsidy is awarded on an open access basis; or

“(C) the United States Executive Director at the respective bank determines that the subsidy falls within an exception provided in the World Bank guidelines for the use of direct contracting.

“(b) Publication of determination.—Within 60 days after the United States Executive Director at any multilateral development bank makes a determination described in subsection (a)(2)(C), the Secretary of the Treasury shall cause to be posted on the website of the Department of the Treasury a justification for the determination.

“(c) Definitions.—In this section:

“(1) MULTILATERAL DEVELOPMENT BANK.—The term ‘multilateral development bank’ has the meaning given in section 1701(c)(4).

“(2) WORLD BANK GUIDELINES.—The term ‘World Bank Guidelines’ means the July 2014 revised edition of the document, entitled ‘Procurement of Goods, Works, and Non-Consulting Services under IBRD Loans and IDA Credits & Grants by World Bank Borrowers’, published by the World Bank Group.”.

SEC. 5428. United States contribution to the Catastrophe Containment and Relief Trust at the International Monetary Fund.

(a) Contribution authority.—The Secretary of the Treasury may contribute $200,000,000 on behalf of the United States to the Catastrophe Containment and Relief Trust of the International Monetary Fund.

(b) Limitations on authorization of appropriations.—For the contribution authorized by subsection (a), there are authorized to be appropriated, without fiscal year limitation, $200,000,000 for payment by the Secretary of the Treasury.

SEC. 5429. PUBLIC REPORTING OF UNITED STATES VOTES TO SUPPORT, OR ABSTENTION FROM VOTING ON, MULTILATERAL DEVELOPMENT BANK PROJECTS UNDER THE GUIDANCE ON FOSSIL FUEL ENERGY AT THE MULTILATERAL DEVELOPMENT BANKS ISSUED BY THE DEPARTMENT OF THE TREASURY ON AUGUST 16, 2021.

Title XIII of the International Financial Institutions Act (22 U.S.C. 262m-262m-8) is amended by adding at the end the following:

“SEC. 1309. PUBLIC REPORTING OF UNITED STATES VOTES TO SUPPORT, OR ABSTENTION FROM VOTING ON, MULTILATERAL DEVELOPMENT BANK PROJECTS UNDER THE GUIDANCE ON FOSSIL FUEL ENERGY AT THE MULTILATERAL DEVELOPMENT BANKS ISSUED BY THE DEPARTMENT OF THE TREASURY ON AUGUST 16, 2021.

“Within 60 days after the United States votes to support, or abstains from voting on, a multilateral development bank (as defined in section 1701(c)(4)) project under the Guidance on Fossil Fuel Energy at the Multilateral Development Banks issued by the Department of the Treasury on August 16, 2021, the Secretary of Treasury shall cause to be posted on the website of the Department of the Treasury a detailed justification for the vote or abstention.”.

SEC. 5430. United States policy on international finance corporation disclosure of high and substantial risk sub-projects of financial intermediary clients.

Title XVI of the International Financial Institutions Act (22 U.S.C. 262p et seq.) is amended by adding at the end the following:

“SEC. 1632. United states policy on international finance corporation disclosure of high and substantial risk sub-projects of financial intermediary clients.

“(a) In general.—The Secretary of the Treasury shall instruct the United States Executive Director at the International Finance Corporation to use the voice, vote, and influence of the United States to seek the adoption at the institution of a policy to require each financial intermediary client to publicly disclose on the website of the International Finance Corporation, in searchable form, and updated annually, the following information about the Category A and B sub-projects of the client, within 6 months after the date of the enactment of this section for existing clients and, for new clients, within 6 months after the date of Board approval for new investments:

“(1) The name, city, and sector for all sub-projects.

“(2) The environmental and social risk assessments and mitigation plans that have been completed for each sub-project.

“(3) A summary of the Environmental and Social Management System of the client including a detailed description of policies to appropriately identify, categorize, assess, and address the environmental and social risks relevant to the activities the client is financing.

“(4) A link to the full Environmental and Social Management System policy on the website of the client.

“(b) Reporting requirement.—Within 6 months after the date of the enactment of this section, the Secretary of the Treasury shall submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate containing—

“(1) a description of the efforts by the Secretary to achieve the policy outlined in subsection (a); and

“(2) a description of any opposition from management, shareholders, and clients to the adoption of the policy.”.

SEC. 5431. United states policy on multilateral development bank disclosure of beneficial ownership information.

Title XV of the International Financial Institutions Act (22 U.S.C. 262o-262o-4) is further amended by adding at the end the following:

“SEC. 1507. United states policy on multilateral development bank disclosure of beneficial ownership information.

“(a) In general.—The Secretary of the Treasury shall instruct the United States Executive Director at each multilateral development bank—

“(1) to use voice and vote of the United States to advocate for the adoption of a policy at the respective institution to collect, verify and publish beneficial ownership information for any corporation or limited liability company, other than a publicly listed company, that receives any assistance from the bank; and

“(2) to vote against the provision of any assistance by the bank to any corporation or limited liability company, other than a publicly listed company, unless the bank collects, verifies, and publishes beneficial ownership information for the entity.

“(b) Definitions.—In this section:

“(1) MULTILATERAL DEVELOPMENT BANK.—The term ‘multilateral development bank’ has the meaning given in section 1701(c)(4).

“(2) BENEFICIAL OWNER.—The term ‘beneficial owner’ has the meaning given in section 5336(3) of title 31, United States Code.”.

SEC. 5432. Strengthening the SEC’s Whistleblower Fund.

Section 21F(g)(3)(A) of the Securities Exchange Act of 1934 (15 U.S.C. 78u-6(g)(3)(A)) is amended—

(1) in clause (i), by striking “$300,000,000” and inserting “$600,000,000 (as such amount is indexed for inflation every 5 years by the Commission to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics)”; and

(2) in clause (ii)—

(A) by striking “$200,000,000” and inserting “$600,000,000 (as such amount is indexed for inflation every 5 years by the Commission to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics)”;

(B) by striking “Fund” and inserting “fund”; and

SEC. 5433. United States policy on World Bank Group and Asian Development Bank assistance to the People’s Republic of China.

(a) In general.—Title XVI of the International Financial Institutions Act (22 U.S.C. 262p et seq.) is amended by adding at the end the following:

“SEC. 1632. United States policy on World Bank Group and Asian Development Bank assistance to the People’s Republic of China.

“(a) In general.—The Secretary of the Treasury shall instruct the United States Executive Director at each international financial institution of the World Bank Group and at the Asian Development Bank to use the voice and vote of the United States at the respective institution to vote against the provision of any loan, extension of financial assistance, or technical assistance to the People’s Republic of China unless the Secretary of the Treasury has certified to the appropriate congressional committees that—

“(1) the Government of the People’s Republic of China and any lender owned or controlled by the Government of the People’s Republic of China have demonstrated a commitment—

“(A) to the rules and principles of the Paris Club, or of other similar coordinated multilateral initiatives on debt relief and debt restructuring in which the United States participates, including with respect to debt transparency and appropriate burden-sharing among all creditors;

“(B) to the practice of presumptive public disclosure of the terms and conditions on which they extend credit to other governments (without regard to the form of any such extension of credit);

“(C) not to enforce any agreement terms that may impair their own or the borrowers’ capacity fully to implement any commitment described in subparagraph (A) or (B); and

“(D) not to enter into any agreement containing terms that may impair their own or the borrowers’ capacity fully to implement any commitment described in subparagraph (A) or (B); or

“(2) the loan or assistance is important to the national interest of the United States, as described in a detailed explanation by the Secretary to accompany the certification.

“(b) Definitions.—In this section:

“(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate.

“(2) WORLD BANK GROUP DEFINED.—The term ‘World Bank Group’ means the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, and the Multilateral Investment Guarantee Agency.”.

(b) Sunset.—The amendment made by subsection (a) is repealed effective on the date that is 7 years after the effective date of this section.

SEC. 5434. Addition of United Kingdom and Australia as DPA domestic sources.

Section 702(7)(A) of the Defense Production Act of 1950 (50 U.S.C. 4552(7)(A)) is amended by striking “United States or Canada” and inserting “United States, the United Kingdom of Great Britain and Northern Ireland, Australia, or Canada”.

SEC. 5435. Servicemember protections for medical debt collections.

(a) Amendments to the Fair Debt Collection Practices Act.—

(1) DEFINITION.—Section 803 of the Fair Debt Collection Practices Act (15 U.S.C. 1692a) is amended by adding at the end the following:

“(9) The term ‘medical debt’ means a debt arising from the receipt of medical services, products, or devices.”.

(2) UNFAIR PRACTICES.—Section 808 of the Fair Debt Collection Practices Act (15 U.S.C. 1692f) is amended by adding at the end the following:

“(9) Engaging in activities to collect or attempting to collect a medical debt owed or due or asserted to be owed or due by a consumer who was a member of the Armed Forces at the time such debt was incurred, before the end of the 2-year period beginning on the date that the first payment with respect to such medical debt is due.”.

(b) Prohibition on consumer reporting agencies reporting certain medical debt with respect to members of the Armed Forces.—

(1) DEFINITION.—Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a) is amended by adding at the end the following:

“(bb) Medical debt.—The term ‘medical debt’ means a debt arising from the receipt of medical services, products, or devices.

“(cc) Medically necessary procedure.—The term ‘medically necessary procedure’ means—

“(1) health care services or supplies needed to diagnose or treat an illness, injury, condition, disease, or its symptoms and that meet accepted standards of medicine; and

“(2) health care to prevent illness or detect illness at an early stage, when treatment is likely to work best (including preventive services such as pap tests, flu shots, and screening mammograms).”.

(2) IN GENERAL.—Section 605(a) of the Fair Credit Reporting Act (15 U.S.C. 1681c(a)) is amended—

(A) in paragraph (7), by adding at the end the following: “This paragraph shall not be subject to section 625(b)(1)(E).”;

(B) in paragraph (8), by adding at the end the following: “This paragraph shall not be subject to section 625(b)(1)(E).”; and

“(9) Any information related to a debt arising from a medically necessary procedure that occurred when the consumer was a member of the Armed Forces. This paragraph shall not be subject to section 625(b)(1)(E).

“(10) Any information related to a medical debt of a consumer that was incurred when the consumer was a member of the Armed Forces, if the date on which such debt was placed for collection, charged to profit or loss, or subjected to any similar action antedates the report by less than 365 calendar days. This paragraph shall not be subject to section 625(b)(1)(E).”.

(1) ADDITIONAL NOTICE REQUIREMENTS FOR MEDICAL DEBT OF MEMBERS OF THE ARMED FORCES.—Section 623 of the Fair Credit Reporting Act (15 U.S.C. 1681s–2) is amended by adding at the end the following:

“(f) Additional notice requirements for medical debt of members of the Armed Forces.—Before furnishing information regarding a medical debt of a consumer that was incurred when the consumer was a member of the Armed Forces to a consumer reporting agency, the person furnishing the information shall send a statement to the consumer that includes the following:

“(1) A notification that the medical debt—

“(A) may not be included on a consumer report made by a consumer reporting agency until the later of the date that is 365 days after—

“(i) the date on which the person sends the statement;

“(ii) with respect to the medical debt of a borrower demonstrating hardship, a date determined by the Director of the Bureau; or

“(iii) the date described under section 605(a)(10); and

“(B) may not ever be included on a consumer report made by a consumer reporting agency, if the medical debt arises from a medically necessary procedure.

“(2) A notification that, if the debt is settled or paid by the consumer or an insurance company before the end of the period described under paragraph (1)(A), the debt may not be reported to a consumer reporting agency.

“(3) A notification that the consumer may—

“(A) communicate with an insurance company to determine coverage for the debt; or

“(B) apply for financial assistance.”.

(2) FURNISHING OF MEDICAL DEBT INFORMATION WITH RESPECT TO MEMBERS OF THE ARMED FORCES.—Section 623 of the Fair Credit Reporting Act (15 U.S.C. 1681s–2), as amended by paragraph (1), is further amended by adding at the end the following:

“(g) Furnishing of medical debt information with respect to members of the Armed Forces.—

“(1) PROHIBITION ON REPORTING DEBT RELATED TO MEDICALLY NECESSARY PROCEDURES.—No person shall furnish any information to a consumer reporting agency regarding a debt arising from a medically necessary procedure that occurred when the consumer was a member of the Armed Forces.

“(2) TREATMENT OF OTHER MEDICAL DEBT INFORMATION.—With respect to a medical debt of a consumer that was incurred when the consumer was a member of the Armed Forces and that is not described under paragraph (1), no person shall furnish any information to a consumer reporting agency regarding such debt before the end of the 365-day period beginning on the later of—

“(A) the date on which the person sends the statement described under subsection (f) to the consumer;

“(B) with respect to the medical debt of a borrower demonstrating hardship, a date determined by the Director of the Bureau; or

“(C) the date described in section 605(a)(10).

“(3) TREATMENT OF SETTLED OR PAID MEDICAL DEBT.—With respect to a medical debt of a consumer that was incurred when the consumer was a member of the Armed Forces and that is not described under paragraph (1), no person shall furnish any information to a consumer reporting agency regarding such debt if the debt is settled or paid by the consumer or an insurance company before the end of the 365-day period described under paragraph (2).

“(4) BORROWER DEMONSTRATING HARDSHIP DEFINED.—In this subsection, and with respect to a medical debt, the term ‘borrower demonstrating hardship’ means a borrower or a class of borrowers who, as determined by the Director of the Bureau, is facing or has experienced unusual extenuating life circumstances or events that result in severe financial or personal barriers such that the borrower or class of borrowers does not have the capacity to repay the medical debt.”.

(d) Effective date.—Except as otherwise provided under subsection (e), this section and the amendments made by this section shall take effect on the date that is 180 days after the date of enactment of this Act.

(e) Discretionary Surplus Funds.—

(1) IN GENERAL.—The dollar amount specified under section 7(a)(3)(A) of the Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is reduced by $1,000,000.

(2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall take effect on September 30, 2032.

SEC. 5436. Protections for active duty uniformed consumer.

(a) Definitions.—Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a) is amended—

(1) in subsection (q), by amending paragraph (1) to read as follows:

“(1) UNIFORMED CONSUMER.—The term ‘uniformed consumer’ means a consumer who is—

“(A) a member of the—

“(i) uniformed services (as such term is defined in section 101(a)(5) of title 10, United States Code); or

“(ii) National Guard (as such term is defined in section 101(c)(1) of title 10, United States Code); and

“(B) in active service (as such term is defined in section 101(d)(3) of title 10, United States Code), including full-time duty in the commissioned corps of the Public Health Service or the National Oceanic and Atmospheric Administration.”; and

(2) by adding at the end the following:

“(bb) Deployed uniformed consumer.—The term ‘deployed uniformed consumer’ means an uniformed consumer who—

“(1) serves—

“(A) in a combat zone (as such term is defined in section 112(c)(2) of title 26, United States Code); or

“(B) aboard a United States combatant, support, or auxiliary vessel (as such terms are defined in section 231(f) of title 10, United States Code); or

“(C) in a deployment (as such term is defined in section 991(b) of title 10, United States Code); and

“(2) is on active duty (as such term is defined in section 101(d)(2) of title 10, United States Code) for not less than 30 days during the type of service described in paragraph (1).”.

(b) Prohibition on including certain adverse information in consumer reports.—Section 605 of the Fair Credit Reporting Act (15 U.S.C. 1681c) is amended—

(1) in subsection (a), by adding at the end the following:

“(9) Any item of adverse information about a uniformed consumer, if the action or inaction that gave rise to the item occurred while the consumer was a deployed uniformed consumer.”; and

(2) by adding at the end the following:

“(i) Notice of status as a uniformed consumer.—With respect to an item of adverse information about a consumer, if the action or inaction that gave rise to the item occurred while the consumer was a uniformed consumer, the consumer may provide appropriate proof, including official orders, to a consumer reporting agency that the consumer was a deployed uniformed consumer at the time such action or inaction occurred. The consumer reporting agency shall promptly delete that item of adverse information from the file of the uniformed consumer and notify the consumer and the furnisher of the information of the deletion.”.

(c) Communications between the consumer and consumer reporting agencies.—Section 605A of the Fair Credit Reporting Act (15 U.S.C. 1681c–1) is amended—

(1) in subsection (c)—

(A) by striking “Upon” and inserting the following:

“(1) IN GENERAL.—Upon”;

(B) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), and moving such redesignated subparagraphs 2 ems to the right; and

“(2) NEGATIVE INFORMATION ALERT.—Any time a consumer reporting agency receives an item of adverse information about a consumer, if the consumer has provided appropriate proof that the consumer is a uniformed consumer, the consumer reporting agency shall promptly notify the consumer—

“(A) that the agency has received such item of adverse information, along with a description of the item; and

“(B) the method by which the consumer can dispute the validity of the item.

“(3) CONTACT INFORMATION FOR UNIFORMED CONSUMERS.—With respect to any consumer that has provided appropriate proof to a consumer reporting agency that the consumer is a deployed uniformed consumer, if the consumer provides the consumer reporting agency with separate contact information to be used when communicating with the consumer while the consumer is a deployed uniformed consumer, the consumer reporting agency shall use such contact information for all communications while the consumer is a deployed uniformed consumer.”; and

(2) in subsection (e), by amending paragraph (3) to read as follows:

“(3) subparagraphs (A) and (B) of subsection (c)(1), in the case of a referral under subsection (c)(1)(C).”.

(d) Conforming amendment.—The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by striking “active duty military” each place such term appears and inserting “uniformed consumer”.

(e) Sense of Congress.—It is the sense of Congress that any person making use of a consumer report containing an item of adverse information should, if the action or inaction that gave rise to the item occurred while the consumer was a uniformed consumer, take such fact into account when evaluating the creditworthiness of the consumer.

SEC. 5437. Fair Debt Collection Practices for Servicemembers.

(a) Enhanced protection against debt collector harassment of servicemembers.—

(1) COMMUNICATION IN CONNECTION WITH DEBT COLLECTION.—Section 805 of the Fair Debt Collection Practices Act (15 U.S.C. 1692c) is amended by adding at the end the following:

“(e) Communications concerning servicemember debts.—

“(1) DEFINITION.—In this subsection, the term ‘covered member’ means—

“(A) a covered member or a dependent as defined in section 987(i) of title 10, United States Code; and

“(B) (i) an individual who was separated, discharged, or released from duty described in such section 987(i)(1), but only during the 365-day period beginning on the date of separation, discharge, or release; or

“(ii) a person, with respect to an individual described in clause (i), described in subparagraph (A), (D), (E), or (I) of section 1072(2) of title 10, United States Code.

“(2) PROHIBITIONS.—A debt collector may not, in connection with the collection of any debt of a covered member—

“(A) threaten to have the covered member reduced in rank;

“(B) threaten to have the covered member’s security clearance revoked; or

“(C) threaten to have the covered member prosecuted under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice).”.

(2) UNFAIR PRACTICES.—Section 808 of the Fair Debt Collection Practices Act (15 U.S.C. 1692f) is amended by adding at the end the following:

“(9) The representation to any covered member (as defined under section 805(e)(1)) that failure to cooperate with a debt collector will result in—

“(A) a reduction in rank of the covered member;

“(B) a revocation of the covered member’s security clearance; or

“(C) prosecution under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice).”.

(b) GAO study.—The Comptroller General of the United States shall conduct a study and submit a report to Congress on the impact of this section on—

(1) the timely delivery of information to a covered member (as defined in section 805(e) of the Fair Debt Collection Practices Act, as added by this section);

(2) military readiness; and

(3) national security, including the extent to which covered members with security clearances would be impacted by uncollected debt.

(c) Determination of budgetary effects.—The budgetary effects of this section, 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 section, 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. 5438. Fair hiring in banking.

(a) Federal deposit insurance act.—Section 19 of the Federal Deposit Insurance Act (12 U.S.C. 1829) is amended—

(1) by inserting after subsection (b) the following:

“(c) Exceptions.—

“(1) CERTAIN OLDER OFFENSES.—

“(A) IN GENERAL.—With respect to an individual, subsection (a) shall not apply to an offense if—

“(i) it has been 7 years or more since the offense occurred; or

“(ii) the individual was incarcerated with respect to the offense and it has been 5 years or more since the individual was released from incarceration.

“(B) OFFENSES COMMITTED BY INDIVIDUALS 21 OR YOUNGER.—For individuals who committed an offense when they were 21 years of age or younger, subsection (a) shall not apply to the offense if it has been more than 30 months since the sentencing occurred.

“(C) LIMITATION.—This paragraph shall not apply to an offense described under subsection (a)(2).

“(2) EXPUNGEMENT AND SEALING.—With respect to an individual, subsection (a) shall not apply to an offense if—

“(A) there is an order of expungement, sealing, or dismissal that has been issued in regard to the conviction in connection with such offense; and

“(B) it is intended by the language in the order itself, or in the legislative provisions under which the order was issued, that the conviction shall be destroyed or sealed from the individual’s State or Federal record, even if exceptions allow the record to be considered for certain character and fitness evaluation purposes.

“(3) DE MINIMIS EXEMPTION.—

“(A) IN GENERAL.—Subsection (a) shall not apply to such de minimis offenses as the Corporation determines, by rule.

“(B) CONFINEMENT CRITERIA.—In issuing rules under subparagraph (A), the Corporation shall include a requirement that the offense was punishable by a term of three years or less confined in a correctional facility, where such confinement—

“(i) is calculated based on the time an individual spent incarcerated as a punishment or a sanction, not as pretrial detention; and

“(ii) does not include probation or parole where an individual was restricted to a particular jurisdiction or was required to report occasionally to an individual or a specific location.

“(C) BAD CHECK CRITERIA.—In setting the criteria for de minimis offenses under subparagraph (A), if the Corporation establishes criteria with respect to insufficient funds checks, the Corporation shall require that the aggregate total face value of all insufficient funds checks across all convictions or program entries related to insufficient funds checks is $2,000 or less.

“(D) DESIGNATED LESSER OFFENSES.—Subsection (a) shall not apply to certain lesser offenses (including the use of a fake ID, shoplifting, trespass, fare evasion, driving with an expired license or tag, and such other low-risk offenses as the Corporation may designate) if 1 year or more has passed since the applicable conviction or program entry.”; and

(2) by adding at the end the following:

“(f) Consent applications.—

“(1) IN GENERAL.—The Corporation shall accept consent applications from an individual and from an insured depository institution or depository institution holding company on behalf of an individual that are filed separately or contemporaneously with a regional office of the Corporation.

“(2) SPONSORED APPLICATIONS FILED WITH REGIONAL OFFICES.—Consent applications filed at a regional office of the Corporation by an insured depository institution or depository institution holding company on behalf of an individual—

“(A) shall be reviewed by such office;

“(B) may be approved or denied by such office, if such authority has been delegated to such office by the Corporation; and

“(C) may only be denied by such office if the general counsel of the Corporation (or a designee) certifies that the denial is consistent with this section.

“(3) INDIVIDUAL APPLICATIONS FILED WITH REGIONAL OFFICES.—Consent applications filed at a regional office by an individual—

“(A) shall be reviewed by such office; and

“(B) may be approved or denied by such office, if such authority has been delegated to such office by the Corporation, except with respect to—

“(i) cases involving an offense described under subsection (a)(2); and

“(ii) such other high-level security cases as may be designated by the Corporation.

“(4) NATIONAL OFFICE REVIEW.—The national office of the Corporation shall—

“(A) review any consent application with respect to which a regional office is not authorized to approve or deny the application; and

“(B) review any consent application that is denied by a regional office, if the individual requests a review by the national office.

“(5) FORMS AND INSTRUCTIONS.—

“(A) AVAILABILITY.—The Corporation shall make all forms and instructions related to consent applications available to the public, including on the website of the Corporation.

“(B) CONTENTS.—The forms and instructions described under subparagraph (A) shall provide a sample cover letter and a comprehensive list of items that may accompany the application, including clear guidance on evidence that may support a finding of rehabilitation.

“(6) CONSIDERATION OF CRIMINAL HISTORY.—

“(A) REGIONAL OFFICE CONSIDERATION.—In reviewing a consent application, a regional office shall—

“(i) primarily rely on the criminal history record of the Federal Bureau of Investigation; and

“(ii) provide such record to the applicant to review for accuracy.

“(B) CERTIFIED COPIES.—The Corporation may not require an applicant to provide certified copies of criminal history records unless the Corporation determines that there is a clear and compelling justification to require additional information to verify the accuracy of the criminal history record of the Federal Bureau of Investigation.

“(7) CONSIDERATION OF REHABILITATION.—Consistent with title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), the Corporation shall—

“(A) conduct an individualized assessment when evaluating consent applications that takes into account evidence of rehabilitation, the applicant’s age at the time of the conviction or program entry, the time that has elapsed since conviction or program entry, and the relationship of individual’s offense to the responsibilities of the applicable position;

“(B) consider the individual’s employment history, letters of recommendation, certificates documenting participation in substance abuse programs, successful participating in job preparation and educational programs, and other relevant mitigating evidence; and

“(C) consider any additional information the Corporation determines necessary for safety and soundness.

“(8) SCOPE OF EMPLOYMENT.—With respect to an approved consent application filed by an insured depository institution or depository institution holding company on behalf of an individual, if the Corporation determines it appropriate, such approved consent application shall allow the individual to work for the same employer (without restrictions on the location) and across positions, except that the prior consent of the Corporation (which may require a new application) shall be required for any proposed significant changes in the individual’s security-related duties or responsibilities, such as promotion to an officer or other positions that the employer determines will require higher security screening credentials.

“(9) COORDINATION WITH THE NCUA.—In carrying out this section, the Corporation shall consult and coordinate with the National Credit Union Administration as needed to promote consistent implementation where appropriate.

“(g) Definitions.—In this section:

“(1) CONSENT APPLICATION.—The term ‘consent application’ means an application filed with Corporation by an individual (or by an insured depository institution or depository institution holding company on behalf of an individual) seeking the written consent of the Corporation under subsection (a)(1).

“(2) CRIMINAL OFFENSE INVOLVING DISHONESTY.—The term ‘criminal offense involving dishonesty’—

“(A) means an offense under which an individual, directly or indirectly—

“(i) cheats or defrauds; or

“(ii) wrongfully takes property belonging to another in violation of a criminal statute;

“(B) includes an offense that Federal, State, or local law defines as dishonest, or for which dishonesty is an element of the offense; and

“(C) does not include—

“(i) a misdemeanor criminal offense committed more than one year before the date on which an individual files a consent application, excluding any period of incarceration; or

“(ii) an offense involving the possession of controlled substances.

“(3) PRETRIAL DIVERSION OR SIMILAR PROGRAM.—The term ‘pretrial diversion or similar program’ means a program characterized by a suspension or eventual dismissal or reversal of charges or criminal prosecution upon agreement by the accused to restitution, drug or alcohol rehabilitation, anger management, or community service.”.

(b) Federal Credit Union Act.—Section 205(d) of the Federal Credit Union Act (12 U.S.C. 1785(d)) is amended by adding at the end the following:

“(4) EXCEPTIONS.—

“(A) CERTAIN OLDER OFFENSES.—

“(i) IN GENERAL.—With respect to an individual, paragraph (1) shall not apply to an offense if—

“(I) it has been 7 years or more since the offense occurred; or

“(II) the individual was incarcerated with respect to the offense and it has been 5 years or more since the individual was released from incarceration.

“(ii) OFFENSES COMMITTED BY INDIVIDUALS 21 OR YOUNGER.—For individuals who committed an offense when they were 21 years of age or younger, paragraph (1) shall not apply to the offense if it has been more than 30 months since the sentencing occurred.

“(iii) LIMITATION.—This subparagraph shall not apply to an offense described under paragraph (1)(B).

“(B) EXPUNGEMENT AND SEALING.—With respect to an individual, paragraph (1) shall not apply to an offense if—

“(i) there is an order of expungement, sealing, or dismissal that has been issued in regard to the conviction in connection with such offense; and

“(ii) it is intended by the language in the order itself, or in the legislative provisions under which the order was issued, that the conviction shall be destroyed or sealed from the individual’s State or Federal record, even if exceptions allow the record to be considered for certain character and fitness evaluation purposes.

“(C) DE MINIMIS EXEMPTION.—

“(i) IN GENERAL.—Paragraph (1) shall not apply to such de minimis offenses as the Board determines, by rule.

“(ii) CONFINEMENT CRITERIA.—In issuing rules under clause (i), the Board shall include a requirement that the offense was punishable by a term of three years or less confined in a correctional facility, where such confinement—

“(I) is calculated based on the time an individual spent incarcerated as a punishment or a sanction, not as pretrial detention; and

“(II) does not include probation or parole where an individual was restricted to a particular jurisdiction or was required to report occasionally to an individual or a specific location.

“(iii) BAD CHECK CRITERIA.—In setting the criteria for de minimis offenses under clause (i), if the Board establishes criteria with respect to insufficient funds checks, the Board shall require that the aggregate total face value of all insufficient funds checks across all convictions or program entries related to insufficient funds checks is $2,000 or less.

“(iv) DESIGNATED LESSER OFFENSES.—Paragraph (1) shall not apply to certain lesser offenses (including the use of a fake ID, shoplifting, trespass, fare evasion, driving with an expired license or tag, and such other low-risk offenses as the Board may designate) if 1 year or more has passed since the applicable conviction or program entry.

“(5) CONSENT APPLICATIONS.—

“(A) IN GENERAL.—The Board shall accept consent applications from an individual and from an insured credit union on behalf of an individual that are filed separately or contemporaneously with a regional office of the Board.

“(B) SPONSORED APPLICATIONS FILED WITH REGIONAL OFFICES.—Consent applications filed at a regional office of the Board by an insured credit union on behalf of an individual—

“(i) shall be reviewed by such office;

“(ii) may be approved or denied by such office, if such authority has been delegated to such office by the Board; and

“(iii) may only be denied by such office if the general counsel of the Board (or a designee) certifies that the denial is consistent with this section.

“(C) INDIVIDUAL APPLICATIONS FILED WITH REGIONAL OFFICES.—Consent applications filed at a regional office by an individual—

“(i) shall be reviewed by such office; and

“(ii) may be approved or denied by such office, if such authority has been delegated to such office by the Board, except with respect to—

“(I) cases involving an offense described under paragraph (1)(B); and

“(II) such other high-level security cases as may be designated by the Board.

“(D) NATIONAL OFFICE REVIEW.—The national office of the Board shall—

“(i) review any consent application with respect to which a regional office is not authorized to approve or deny the application; and

“(ii) review any consent application that is denied by a regional office, if the individual requests a review by the national office.

“(E) FORMS AND INSTRUCTIONS.—

“(i) AVAILABILITY.—The Board shall make all forms and instructions related to consent applications available to the public, including on the website of the Board.

“(ii) CONTENTS.—The forms and instructions described under clause (i) shall provide a sample cover letter and a comprehensive list of items that may accompany the application, including clear guidance on evidence that may support a finding of rehabilitation.

“(F) CONSIDERATION OF CRIMINAL HISTORY.—

“(i) REGIONAL OFFICE CONSIDERATION.—In reviewing a consent application, a regional office shall—

“(I) primarily rely on the criminal history record of the Federal Bureau of Investigation; and

“(II) provide such record to the applicant to review for accuracy.

“(ii) CERTIFIED COPIES.—The Board may not require an applicant to provide certified copies of criminal history records unless the Board determines that there is a clear and compelling justification to require additional information to verify the accuracy of the criminal history record of the Federal Bureau of Investigation.

“(G) CONSIDERATION OF REHABILITATION.—Consistent with title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), the Board shall—

“(i) conduct an individualized assessment when evaluating consent applications that takes into account evidence of rehabilitation, the applicant’s age at the time of the conviction or program entry, the time that has elapsed since conviction or program entry, and the relationship of individual’s offense to the responsibilities of the applicable position;

“(ii) consider the individual’s employment history, letters of recommendation, certificates documenting participation in substance abuse programs, successful participating in job preparation and educational programs, and other relevant mitigating evidence; and

“(iii) consider any additional information the Board determines necessary for safety and soundness.

“(H) SCOPE OF EMPLOYMENT.—With respect to an approved consent application filed by an insured credit union on behalf of an individual, if the Board determines it appropriate, such approved consent application shall allow the individual to work for the same employer (without restrictions on the location) and across positions, except that the prior consent of the Board (which may require a new application) shall be required for any proposed significant changes in the individual’s security-related duties or responsibilities, such as promotion to an officer or other positions that the employer determines will require higher security screening credentials.

“(I) COORDINATION WITH FDIC.—In carrying out this subsection, the Board shall consult and coordinate with the Federal Deposit Insurance Corporation as needed to promote consistent implementation where appropriate.

“(6) DEFINITIONS.—In this subsection:

“(A) CONSENT APPLICATION.—The term ‘consent application’ means an application filed with Board by an individual (or by an insured credit union on behalf of an individual) seeking the written consent of the Board under paragraph (1)(A).

“(B) CRIMINAL OFFENSE INVOLVING DISHONESTY.—The term ‘criminal offense involving dishonesty’—

“(i) means an offense under which an individual, directly or indirectly—

“(I) cheats or defrauds; or

“(II) wrongfully takes property belonging to another in violation of a criminal statute;

“(ii) includes an offense that Federal, State, or local law defines as dishonest, or for which dishonesty is an element of the offense; and

“(iii) does not include—

“(I) a misdemeanor criminal offense committed more than one year before the date on which an individual files a consent application, excluding any period of incarceration; or

“(II) an offense involving the possession of controlled substances.

“(C) PRETRIAL DIVERSION OR SIMILAR PROGRAM.—The term ‘pretrial diversion or similar program’ means a program characterized by a suspension or eventual dismissal or reversal of charges or criminal prosecution upon agreement by the accused to restitution, drug or alcohol rehabilitation, anger management, or community service.”.

(c) Review and report to congress.—Not later than the end of the 2-year period beginning on the date of enactment of this Act, the Federal Deposit Insurance Corporation and the National Credit Union Administration shall—

(1) review the rules issued to carry out this Act and the amendments made by this Act on—

(A) the application of section 19 of the Federal Deposit Insurance Act (12 U.S.C. 1829) and section 205(d) of the Federal Credit Union Act (12 U.S.C. 1785(d));

(B) the number of applications for consent applications under such sections; and

(2) make the results of the review required under paragraph (1) available to the public; and

(3) issue a report to Congress containing any legislative or regulatory recommendations for expanding employment opportunities for those with a previous minor criminal offense.

(d) Discretionary surplus fund.—

(1) IN GENERAL.—Subparagraph (A) of section 7(a)(3) of the Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is amended by reducing the dollar figure described in such subparagraph by $1,500,000.

(2) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on September 30, 2032.

SEC. 5439. Banking transparency for sanctioned persons.

Not later than 180 days after the date of the enactment of this Act, and every 180 days 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 copy of any license issued by the Secretary in the preceding 180 days that authorizes a United States financial institution (as defined under section 561.309 of title 31, Code of Federal Regulations) to provide financial services benefitting—

(1) a state sponsor of terrorism; or

(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).

SEC. 5440. 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 suspend all debt service payments owed to the institution by 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 maximum 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 descent, and for countries receiving refugees from Ukraine.

(b) Report to the congress.—Not later than December 31 of each year, the President shall—

(1) submit to the Committees on Financial Services, on Appropriations, and on Foreign Affairs of the House of Representatives and the Committees on Foreign Relations and on Appropriations of the Senate, a report on the activities undertaken under this section; and

(2) make public a copy of the report.

(1) WAIVER.—The President may waive the preceding provisions 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.—The preceding provisions of this section shall have no force or effect on or after the date that is 7 years after the date of the enactment of this Act.

SEC. 5441. Grant program for grandfamily housing.

(a) In general.—Title II of the LEGACY Act of 2003 (12 U.S.C. 1790q note) is amended by adding at the end the following:

“SEC. 206. Grant program.

“(a) In general.—The Secretary shall, not later than 180 days after the date of the enactment of this section, establish a program to provide grants to owners of intergenerational dwelling units.

“(b) Application.—To be eligible to receive a grant under this section, an owner of an intergenerational dwelling unit shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require.

“(c) Use of grant amounts.—An owner of an intergenerational dwelling unit that receives a grant under this section shall use amounts provided to cover costs associated with—

“(1) employing a service coordinator to—

“(A) offer onsite services to intergenerational families, including tutoring, health care services, afterschool care, and activities that are age appropriate for children of various ages of development; and

“(B) coordinate with any local kinship navigator program (as described in section 474(a)(7) of the Social Security Act (42 U.S.C. 674(a)(7));

“(2) facilitating outreach to intergenerational families as described in subsection (d);

“(3) planning and offering services to intergenerational families; and

“(4) retrofitting and maintaining existing spaces within the property that contains the intergenerational dwelling unit for the services and programs provided to intergenerational families.

“(d) Outreach.—

“(1) IN GENERAL.—An owner of an intergenerational dwelling unit that receives a grant under this section shall engage with intergenerational families in the community surrounding the property that contains the grandfamily housing owned by the grant recipient by—

“(A) performing periodic informational outreach; and

“(B) planning and executing events for intergenerational families.

“(2) COORDINATION.—Outreach under this subsection shall, where possible, be in coordination with a local kinship navigator program (as described in section 474(a)(7) of the Social Security Act (42 U.S.C. 674(a)(7)) or a comparable program or entity in the State in which the intergenerational dwelling unit is located.

“(e) Authorization of appropriations.—There are authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2023 and 2024.

“(f) Nondiscrimination.—The program established under this section shall be implemented by the Secretary in a manner that is consistent with the Fair Housing Act.”.

(b) VAWA protections.—Section 41411(a)(3) of the Violence Against Women Act of 1994 (34 U.S.C. 12491(a)(3)) is amended—

(1) by redesignating subparagraphs (O) and (P) as subparagraphs (P) and (Q), respectively; and

(2) by inserting after paragraph (N) the following:

“(O) the program established under the Grandfamily Housing Act of 2022;”.

(c) Report.—Not later than 2 years after the date of enactment of this section, the Secretary of Housing and Urban Development shall submit to the Congress a report that—

(1) describes the effectiveness of the grant program established under section 206 of the LEGACY Act of 2003, as added by subsection (a); and

(2) makes recommendations for legislative changes that could allow for the grant program to be more effective.

SEC. 5442. 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. 5443. Promoting diversity and inclusion in the appraisal profession.

(a) In general.—The Financial Institutions Reform, Recovery, and Enforcement Act of 1989 is amended—

(1) in section 1103(a) (12 U.S.C. 3332(a))—

(A) in paragraph (3), by striking “and” at the end;

(B) in paragraph (4), by striking the period at the end and inserting a semicolon;

(D) in paragraph (6), by striking the period at the end and inserting “a semicolon; and”; and

(E) by adding at the end the following new paragraph:

“(7) administer the grant program under section 1122(j).”;

(2) in section 1106 (12 U.S.C. 3335)—

(A) by inserting “(a) In general.—” before “The Appraisal Subcommittee”;

(B) by striking the comma after “comment”;

“(b) Regulations.—”; and

(D) in subsection (a) (as so designated by subparagraph (A) of this paragraph), by adding at the end the following: “The Appraisal Subcommittee may coordinate, and enter into agreements, with private industry stakeholders (including appraisal management companies and industry associations) to facilitate activities and practices that ensure diversity among individuals newly hired as appraisers in their first employment positions in the appraisal industry.”; and

(3) in section 1122 (12 U.S.C. 3351), by adding at the end the following new subsection:

“(j) Grant program To promote diversity and inclusion in the appraisal profession.—

“(1) IN GENERAL.—The Appraisal Subcommittee shall carry out a program under this subsection to makes grants to State agencies, nonprofit organizations, and institutions of higher education to promote diversity and inclusion in the appraisal profession.

“(2) ELIGIBLE ACTIVITIES.—Activities carried out with amounts from a grant under this Act shall be designed to promote diversity and inclusion in the appraisal profession, and may include—

“(A) funding scholarships;

“(B) providing training and education;

“(C) providing implicit bias training for appraisers; and

“(D) other activities as determined appropriate to further the purposes of this grant program by the Appraisal Subcommittee.

“(3) ALLOCATION OF FUNDS.—In making grants under this subsection, the Appraisal Subcommittee shall—

“(A) allocate 50 percent of the funds made available to part B institutions (as such term is defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061)) or universities with degree programs approved by the Appraiser Qualifications Board or a relevant State regulatory agency for—

“(i) scholarships for students of color who want to pursue a career in real estate appraisal; and

“(ii) subsidizing living expenses for those students while in training; and

“(B) allocate 20 percent of the funds to cover the cost of fulfilling the experience requirements or other applicable requirements that the students described under subparagraph (A) will need to complete in order to become appraisers.

“(4) ADMINISTRATIVE COSTS.—The Appraisal Subcommittee may use 1 percent of amounts appropriated pursuant to paragraph (6) to cover the administrative costs of carrying out this subsection.

“(5) REPORTS.—For each fiscal year during which grants are made under the program under this subsection, the Appraisal Subcommittee shall submit a report to the Congress regarding implementation of the program and describing the grants made, activities conducted using grant amounts, and the number of individuals served by such grants, disaggregated by race, ethnicity, age, and gender.”.

(b) Authorization of appropriations.—There is authorized to be appropriated to the Appraisal Subcommittee for carrying out the amendments made by this section, including for making grants authorized by such amendments, $50,000,000 for each of fiscal years 2023 through 2027.

SEC. 5444. Combating Trade-Based Money Laundering.

(a) Findings.—Congress finds the following:

(1) Trade-based money laundering is among the most widely used and least understood forms of money laundering, disguising proceeds of crime by moving value through international trade transactions in an attempt to legitimize illicit origins of money or products.

(2) The transnational nature and complexity of trade-based money laundering make detection and investigation exceedingly difficult.

(3) Drug trafficking organizations, terrorist organizations, and other transnational criminal organizations have succeeded at trade-based money laundering despite the best efforts of United States law enforcement.

(4) Trade-based money laundering includes other offenses such as tax evasion, disruption of markets, profit loss for businesses, and corruption of government officials, and constitutes a persistent threat to the economy and security of the United States.

(5) Trade-based money laundering can result in the decreased collection of customs duties as a result of the undervaluation of imports and fraudulent cargo manifests.

(6) Trade-based money laundering can decrease tax revenue collected as a result of the sale of underpriced goods in the marketplace.

(7) Trade-based money laundering is one mechanism by which counterfeiters infiltrate supply chains, threatening the quality and safety of consumer, industrial, and military products.

(8) Drug trafficking organizations collaborate with Chinese criminal networks to launder profits from drug trafficking through Chinese messaging applications.

(9) On March 16, 2021, the Commander of the United States Southern Command, Admiral Faller, testified to the Committee on Armed Services of the Senate that transnational criminal organizations “market in drugs and people and guns and illegal mining, and one of the prime sources that underwrites their efforts is Chinese money-laundering”.

(10) The deaths and violence associated with drug traffickers, the financing of terrorist organizations and other violent non-state actors, and the adulteration of supply chains with counterfeit goods showcase the danger trade-based money laundering poses to the United States.

(11) Trade-based money laundering undermines national security and the rule of law in countries where it takes place.

(12) Illicit profits for transnational criminal organizations and other criminal organizations can lead to instability globally.

(13) The United States is facing a drug use and overdose epidemic, as well as an increase in consumption of synthetic drugs, such as methamphetamine and fentanyl, which is often enabled by Chinese money laundering organizations operating in coordination with drug-trafficking organizations and transnational criminal organizations in the Western Hemisphere that use trade-based money laundering to disguise the proceeds of drug trafficking.

(14) The presence of drug traffickers in the United States and their intrinsic connection to international threat networks, as well as the use of licit trade to further their motives, is a national security concern.

(15) Drug-trafficking organizations frequently use the trade-based money laundering scheme known as the “Black Market Peso Exchange” to move their ill-gotten gains out of the United States and into Central and South America.

(16) United States ports and U.S. Customs and Border Protection do not have the capacity to properly examine the 60,000,000 shipping containers that pass through United States ports annually, with only 2 to 5 percent of that cargo actively inspected.

(17) Trade-based money laundering can only be combated effectively if the intelligence community, law enforcement agencies, the Department of State, the Department of Defense, the Department of the Treasury, the Department of Homeland Security, the Department of Justice, and the private sector work together.

(18) Drug-trafficking organizations, terrorist organizations, and other transnational criminal organizations disguise the proceeds of their illegal activities behind sophisticated mechanisms that operate seamlessly between licit and illicit trade and financial transactions, making it almost impossible to address without international cooperation.

(19) The United States has established Trade Transparency Units with 18 partner countries, including with major drug-producing and transit countries, to facilitate the increased exchange of import-export data to combat trade-based money laundering.

(b) Sense of Congress.—It is the sense of Congress that—

(1) the activities of transnational criminal organizations and their networks, and the means by which such organizations and networks move and launder their ill-gotten gains, such as through the use of illicit economies, illicit trade, and trade-based money laundering, pose a threat to the national interests and national security of the United States and allies and partners of the United States around the world;

(2) in addition to considering the countering of illicit economies, illicit trade, and trade-based money laundering as a national priority and committing to detect, address, and prevent such activities, the President should—

(A) continue to assess, in the periodic national risk assessments on money laundering, terrorist financing, and proliferation financing conducted by the Department of the Treasury, the ongoing risks of trade-based money laundering;

(B) finalize the assessment described in the Explanatory Statement accompanying the Financial Services and General Government Appropriations Act, 2020 (division C of the Consolidated Appropriations Act, 2020 (Public Law 116–93)), which directs the Financial Crimes Enforcement Network of the Department of the Treasury to thoroughly assess the risk that trade-based money laundering and other forms of illicit finance pose to national security;

(C) work expeditiously to develop, finalize, and execute a strategy, as described in section 6506 of the Anti-Money Laundering Act of 2020 (title LXV of division F of Public Law 116–283; 134 Stat. 4631), drawing on the multiple instruments of United States national power available, to counter—

(i) the activities of transnational criminal organizations, including illicit trade and trade-based money laundering; and

(ii) the illicit economies such organizations operate in;

(D) coordinate with international partners to implement that strategy, exhorting those partners to strengthen their approaches to combating transnational criminal organizations; and

(E) review that strategy on a biennial basis and improve it as needed in order to most effectively address illicit economies, illicit trade, and trade-based money laundering by exploring the use of emerging technologies and other new avenues for interrupting and putting an end to those activities; and

(3) the Trade Transparency Unit program of the Department of Homeland Security should take steps to strengthen its work, including in countries that the Department of State has identified as major money laundering jurisdictions under section 489 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h).

SEC. 5445. Disclosure of disability, veteran, and military status.

Section 304(b)(4) of the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2803(b)(4)) is amended by striking “age,” and inserting “age, veteran and military status, disability status,”.

SEC. 5446. Strengthening Cybersecurity for the Financial Sector.

(a) Regulation and examination of credit union organizations and service providers.—Section 206A of the Federal Credit Union Act (12 U.S.C. 1786a) is amended—

(1) in subsection (a)(1), by striking “that” and inserting “an”;

(2) in subsection (c)(2), by inserting after “shall notify the Board” the following: “, in a manner and method prescribed by the Board,”; and

(3) by striking subsection (f) and inserting the following:

“(f) Exercise of authority.—To minimize duplicative efforts, prior to conducting any examination of a credit union organization under the authority provided to the Board under this section, the Board shall first seek to collect any information which the Board intends to acquire through such examination from—

“(1) any Federal regulatory agencies that supervise any activity of that credit union organization; and

“(2) any Federal banking agency that supervises any other person who maintains an ownership interest in that credit union organization.”.

(b) GAO study on FHFA’s regulation of service providers.—

(1) STUDY.—The Comptroller General of the United States shall carry out a study on the Federal Housing Finance Agency’s authority and regulation of service providers to its regulated entities, including the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, and the Federal Home Loan Banks.

(2) REPORT.—Not later than the end of the 12-month period beginning on the date of the enactment of this Act, the Comptroller General shall issue a report to Congress containing—

(A) all findings and determinations made in carrying out the study required under paragraph (1);

(B) an analysis of the Federal Housing Finance Agency’s existing authority, how service providers to the Federal Housing Finance Agency’s regulated entities are currently regulated, and risks to the regulated entities associated with third-party service providers; and

SEC. 5447. Review of IMF loan surcharge policy.

(a) Findings.—The Congress finds as follows:

(1) The International Monetary Fund (in this section referred to as the “IMF”) imposes a surcharge, in addition to standard interest and service fees, of 200 basis points on outstanding credit provided through its General Resources Account that exceeds 187.5 percent of the IMF country quota, and an additional 100 basis points if that credit has been outstanding for over 36 or 51 months, depending on the facility.

(2) According to the IMF, “These level and time-based surcharges are intended to help mitigate credit risk by providing members with incentives to limit their demand for Fund assistance and encourage timely repurchases while at the same time generating income for the Fund to accumulate precautionary balances.”.

(3) According to a 2021 report by the European Network on Debt and Development, surcharges increase the average cost of borrowing from the IMF by over 64 percent for surcharged countries. Surcharges increased Ukraine’s borrowing costs on its IMF lending program by nearly 27 percent, Jordan’s by 72 percent, and Egypt’s by over 104 percent.

(4) As a result of Russia’s invasion, the World Bank predicts that Ukraine will experience an economic contraction of 45 percent in 2022. Yet Ukraine is expected to pay the IMF an estimated $483,000,000 in surcharges from 2021 through 2027.

(5) The Ukraine Comprehensive Debt Payment Relief Act of 2022 (H.R.7081), which requires the Department of Treasury to make efforts to secure debt relief for Ukraine, was passed by the House of Representatives on May 11, 2022, with overwhelming bipartisan support, by a vote of 362 Yeas to 56 Nays.

(6) As a result of the war in Ukraine and other factors, the World Bank predicted that global growth rates will slow to 2.9 percent in 2022, down nearly half from 2021. External public debt of developing economies is at record levels, and the World Bank, IMF, and United Nations have all warned of coming defaults and a potential global debt crisis. As food and energy prices rise, the World Food Program has estimated that 750,000 people are at immediate risk of starvation or death, and 323,000,000 people may experience acute food insecurity before the end of the year.

(7) Since 2020, the number of countries paying surcharges to the IMF has increased from 9 to 16. A December 2021 IMF policy paper, notes that under the IMF’s model-based World Economic Outlook scenario “the number of surcharge-paying members would increase to 38 in FY 2024 and FY 2025” and that under the Fund’s “adverse scenario, the number of surcharge-paying members and the amount of surcharge income would increase even more sharply”.

(8) An April 2022 brief from the United Nations Global Crisis Response Group on Food, Energy and Finance on the impacts of the war in Ukraine on developing countries called for the immediate suspension of surcharge payments for a minimum of 2 years, because “[s]urcharges do not make sense during a global crisis since the need for more financing does not stem from national conditions but from the global economy shock”.

(b) Review of surcharge policy at the International Monetary Fund.—The Secretary of the Treasury shall instruct the United States Executive Director at the International Monetary Fund to use the voice and vote of the United States to—

(1) initiate an immediate review by the IMF of the surcharge policy of the IMF to be completed, and its results and underlying data published, within 365 days; and

(2) suspend and waive surcharge payments during the pendency of the review.

(1) A borrower-by-borrower analysis of surcharges in terms of cost and as a percentage of national spending on debt service on IMF loans, food security, and health for the 5-year period beginning at the start of the COVID-19 pandemic.

(2) Evaluation of the policy’s direct impact on—

(A) disincentivizing large and prolonged reliance on Fund credit;

(B) mitigating the credit risks taken by the IMF;

(C) improving borrower balance of payments and debt sustainability, particularly during periods of contraction, unrest, and pandemic;

(D) promoting fiscally responsible policy reforms;

(E) disincentivizing borrowers from seeking opaque and potentially predatory bilateral loans; and

(F) improving the ability of borrowers to repay private creditors and access the private credit market.

(3) Recommendations for—

(A) Identifying alternative sources of funding for the IMF’s precautionary balances that prioritize stable funding sources and equitable burden-sharing among IMF members;

(B) Determining whether the Fund should maintain, reform, temporarily suspend or eliminate the use of surcharges.

(4) The review process must incorporate extensive consultation with relevant experts, particularly those from countries that are currently paying or have recently paid surcharges. These experts should include government officials responsible for overseeing economic development, social services, and defense, United Nations officials, economic research institutes, academics, and civil society organizations.

SEC. 5448. Grants to eligible entities for enhanced protection of senior investors and senior policyholders.

(a) In general.—Section 989A of the Investor Protection and Securities Reform Act of 2010 (15 U.S.C. 5537) is amended to read as follows:

“SEC. 989A. Grants to eligible entities for enhanced protection of senior investors and senior policyholders.

“(a) Definitions.—In this section:

“(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—

“(A) the securities commission (or any agency or office performing like functions) of any State; and

“(B) the insurance department (or any agency or office performing like functions) of any State.

“(2) SENIOR.—The term ‘senior’ means any individual who has attained the age of 62 years or older.

“(3) SENIOR FINANCIAL FRAUD.—The term ‘senior financial fraud’ means a fraudulent or otherwise illegal, unauthorized, or improper act or process of an individual, including a caregiver or a fiduciary, that—

“(A) uses the resources of a senior for monetary or personal benefit, profit, or gain;

“(B) results in depriving a senior of rightful access to or use of benefits, resources, belongings, or assets; or

“(C) is an action described in section 1348 of title 18, United States Code, that is taken against a senior.

“(4) TASK FORCE.—The term ‘task force’ means the task force established under subsection (b)(1).

“(b) Grant program.—

“(1) TASK FORCE.—

“(A) IN GENERAL.—The Commission shall establish a task force to carry out the grant program under paragraph (2).

“(B) MEMBERSHIP.—The task force shall consist of the following members:

“(i) A Chair of the task force, who—

“(I) shall be appointed by the Chairman of the Commission, in consultation with the Commissioners of the Commission; and

“(II) may be a representative of the Office of the Investor Advocate of the Commission, the Division of Enforcement of the Commission, or such other representative as the Commission determines appropriate.

“(ii) If the Chair is not a representative of the Office of the Investor Advocate of the Commission, a representative of such Office.

“(iii) If the Chair is not a representative of the Division of Enforcement of the Commission, a representative of such Division.

“(iv) Such other representatives as the Commission determines appropriate.

“(C) DETAIL OF EXECUTIVE AGENCY EMPLOYEES.—Upon the request of the Commission, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of that Federal agency to the Commission to assist it in carrying out its functions under this section. The detail of any such personnel shall be without interruption or loss of civil service status or privilege.

“(2) GRANTS.—The task force shall carry out a program under which the task force shall make grants, on a competitive basis, to eligible entities, which—

“(A) may use the grant funds—

“(i) to hire staff to identify, investigate, and prosecute (through civil, administrative, or criminal enforcement actions) cases involving senior financial fraud;

“(ii) to fund technology, equipment, and training for regulators, prosecutors, and law enforcement officers, in order to identify, investigate, and prosecute cases involving senior financial fraud;

“(iii) to provide educational materials and training to seniors to increase awareness and understanding of senior financial fraud;

“(iv) to develop comprehensive plans to combat senior financial fraud; and

“(v) to enhance provisions of State law to provide protection from senior financial fraud; and

“(B) may not use the grant funds for any indirect expense, such as rent, utilities, or any other general administrative cost that is not directly related to the purpose of the grant program.

“(3) AUTHORITY OF TASK FORCE.—In carrying out paragraph (2), the task force—

“(A) may consult with staff of the Commission; and

“(B) shall make public all actions of the task force relating to carrying out that paragraph.

“(c) Applications.—An eligible entity desiring a grant under this section shall submit an application to the task force, in such form and in such a manner as the task force may determine, that includes—

“(1) a proposal for activities to protect seniors from senior financial fraud that are proposed to be funded using a grant under this section, including—

“(A) an identification of the scope of the problem of senior financial fraud in the applicable State;

“(B) a description of how the proposed activities would—

“(i) protect seniors from senior financial fraud, including by proactively identifying victims of senior financial fraud;

“(ii) assist in the investigation and prosecution of those committing senior financial fraud; and

“(iii) discourage and reduce cases of senior financial fraud; and

“(C) a description of how the proposed activities would be coordinated with other State efforts; and

“(2) any other information that the task force determines appropriate.

“(d) Performance objectives; reporting requirements; audits.—

“(1) IN GENERAL.—The task force—

“(A) may establish such performance objectives and reporting requirements for eligible entities receiving a grant under this section as the task force determines are necessary to carry out and assess the effectiveness of the program under this section; and

“(B) shall require each eligible entity that receives a grant under this section to submit to the task force a detailed accounting of the use of grant funds, which shall be submitted at such time, in such form, and containing such information as the task force may require.

“(2) REPORT.—Not later than 2 years, and again not later than 5 years, after the date of the enactment of the Empowering States to Protect Seniors from Bad Actors Act, the task force shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report that—

“(A) specifies each recipient of a grant under this section;

“(B) includes a description of the programs that are supported by each such grant; and

“(C) includes an evaluation by the task force of the effectiveness of such grants.

“(3) AUDITS.—The task force shall annually conduct an audit of the program under this section to ensure that eligible entities to which grants are made under that program are, for the year covered by the audit, using grant funds for the intended purposes of those funds.

“(e) Maximum amount.—The amount of a grant to an eligible entity under this section may not exceed $500,000, which the task force shall adjust annually to reflect the percentage change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.

“(f) Subgrants.—An eligible entity that receives a grant under this section may, in consultation with the task force, make a subgrant, as the eligible entity determines is necessary or appropriate—

“(1) to carry out the activities described in subsection (b)(2)(A); and

“(2) which may not be used for any activity described in subsection (b)(2)(B).

“(g) Authorization of appropriations.—There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2023 through 2028.”.

(b) Conforming amendment.—The table of contents in section 1(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended by striking the item relating to section 989A and inserting the following:

“Sec.989A. Grants to eligible entities for enhanced protection of senior investors and senior policyholders.”.

SEC. 5449. Banking Transparency for Sanctioned Persons.

(a) Report on financial services benefitting state sponsors of terrorism, human rights abusers, and corrupt officials.—

(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, and every 180 days 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) a copy of any license issued by the Secretary in the preceding 180 days that authorizes a financial institution to provide financial services benefitting a state sponsor of terrorism; and

(B) a list of any foreign financial institutions that, in the preceding 180 days, knowingly conducted a significant transaction or transactions, directly or indirectly, for a sanctioned person included on the Department of the Treasury’s Specially Designated Nationals And Blocked Persons List who—

(i) is owned or controlled by, or acts on behalf of, the government of a state sponsor of terrorism; or

(ii) is designated pursuant to any of the following:

(I) Section 404 of the Russia and Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012 (Public Law 112208).

(II) 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).

(III) Executive Order No. 13818.

(2) FORM OF REPORT.—The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex.

(b) Waiver.—The Secretary of the Treasury may waive the requirements of subsection (a) with respect to a foreign financial institution described in paragraph (1)(B) of such subsection—

(1) upon receiving credible assurances that the foreign financial institution has ceased, or will imminently cease, to knowingly conduct any significant transaction or transactions, directly or indirectly, for a person described in clause (i) or (ii) of such subparagraph (B); or

(2) upon certifying 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 the waiver is important to the national interest of the United States, with an explanation of the reasons therefor.

(1) FINANCIAL INSTITUTION.—The term “financial institution” means a United States financial institution or a foreign financial institution.

(2) FOREIGN FINANCIAL INSTITUTION.—The term “foreign financial institution” has the meaning given that term under section 561.308 of title 31, Code of Federal Regulations.

(3) KNOWINGLY.—The term “knowingly” with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.

(4) UNITED STATES FINANCIAL INSTITUTION.—The term “United States financial institution” has the meaning given the term “U.S. financial institution” under section 561.309 of title 31, Code of Federal Regulations.

(d) Sunset.—The reporting requirement under this section shall terminate on the date that is the end of the 7-year period beginning on the date of the enactment of this Act.

SEC. 5450. Bureau servicemember and veteran credit reporting ombudsperson.

(a) In general.—Section 611(a) of the Fair Credit Reporting Act (15 U.S.C. 1681i(a)) is amended by adding at the end the following:

“(9) BUREAU SERVICEMEMBER AND VETERAN CREDIT REPORTING OMBUDSPERSON.—

“(A) IN GENERAL.—Not later than 180 days after the date of enactment of this paragraph, the Bureau shall establish the position of servicemember and veteran credit reporting ombudsperson, who shall carry out the Bureau’s responsibilities with respect to—

“(i) resolving persistent errors that are not resolved in a timely manner by a consumer reporting agency in connection with servicemembers and veterans; and

“(ii) enhancing oversight of consumer reporting agencies by—

“(I) advising the Director of the Bureau, in consultation with the Office of Enforcement and the Office of Supervision of the Bureau, on any potential violations of paragraph (5) or any other applicable law by a consumer reporting agency in connection with servicemembers and veterans, including appropriate corrective action for such a violation; and

“(II) making referrals to the Office of Supervision for supervisory action or the Office of Enforcement for enforcement action, as appropriate, in response to violations of paragraph (5) or any other applicable law by a consumer reporting agency in connection with servicemembers and veterans.

“(B) CONSULTATION WITH VETERANS SERVICE ORGANIZATIONS.—The servicemember and veteran credit reporting ombudsperson shall consult with veterans service organizations in carrying out the duties of the ombudsperson.

“(C) REPORT.—The ombudsperson shall submit to the Committees on Financial Services and Veterans’ Affairs of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Veterans’ Affairs of the Senate an annual report including statistics and analysis on consumer complaints the Bureau receives relating to consumer reports in connection with servicemembers and veterans, as well as a summary of the supervisory actions and enforcement actions taken with respect to consumer reporting agencies in connection with servicemembers and veterans during the year covered by the report.”.

(b) Discretionary Surplus Funds.—

(1) IN GENERAL.—The dollar amount specified under section 7(a)(3)(A) of the Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is reduced by $18,000,000.

(2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall take effect on September 30, 2032.

SEC. 5451. Senior Investor Taskforce.

(a) In general.—Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d) is amended by adding at the end the following:

“(k) Senior Investor Taskforce.—

“(1) ESTABLISHMENT.—There is established within the Commission the Senior Investor Taskforce (in this subsection referred to as the ‘Taskforce’).

“(2) DIRECTOR OF THE TASKFORCE.—The head of the Taskforce shall be the Director, who shall—

“(A) report directly to the Chairman; and

“(B) be appointed by the Chairman, in consultation with the Commission, from among individuals—

“(i) currently employed by the Commission or from outside of the Commission; and

“(ii) having experience in advocating for the interests of senior investors.

“(3) STAFFING.—The Chairman shall ensure that—

“(A) the Taskforce is staffed sufficiently to carry out fully the requirements of this subsection; and

“(B) such staff shall include individuals from the Division of Enforcement, Office of Compliance Inspections and Examinations, and Office of Investor Education and Advocacy.

“(4) NO COMPENSATION FOR MEMBERS OF TASKFORCE.—All members of the Taskforce appointed under paragraph (2) or (3) shall serve without compensation in addition to that received for their services as officers or employees of the United States.

“(5) MINIMIZING DUPLICATION OF EFFORTS.—In organizing and staffing the Taskforce, the Chairman shall take such actions as may be necessary to minimize the duplication of efforts within the divisions and offices described under paragraph (3)(B) and any other divisions, offices, or taskforces of the Commission.

“(6) FUNCTIONS OF THE TASKFORCE.—The Taskforce shall—

“(A) identify challenges that senior investors encounter, including problems associated with financial exploitation and cognitive decline;

“(B) identify areas in which senior investors would benefit from changes in the regulations of the Commission or the rules of self-regulatory organizations;

“(C) coordinate, as appropriate, with other offices within the Commission, other taskforces that may be established within the Commission, self-regulatory organizations, and the Elder Justice Coordinating Council; and

“(D) consult, as appropriate, with State securities and law enforcement authorities, State insurance regulators, and other Federal agencies.

“(7) REPORT.—The Taskforce, in coordination, as appropriate, with the Office of the Investor Advocate and self-regulatory organizations, and in consultation, as appropriate, with State securities and law enforcement authorities, State insurance regulators, and Federal agencies, shall issue a report every 2 years to the Committee on Banking, Housing, and Urban Affairs and the Special Committee on Aging of the Senate and the Committee on Financial Services of the House of Representatives, the first of which shall not be issued until after the report described in section 5403(b) of the National Defense Authorization Act for Fiscal Year 2023 has been issued and considered by the Taskforce, containing—

“(A) appropriate statistical information and full and substantive analysis;

“(B) a summary of recent trends and innovations that have impacted the investment landscape for senior investors;

“(C) a summary of regulatory initiatives that have concentrated on senior investors and industry practices related to senior investors;

“(D) key observations, best practices, and areas needing improvement, involving senior investors identified during examinations, enforcement actions, and investor education outreach;

“(E) a summary of the most serious issues encountered by senior investors, including issues involving financial products and services;

“(F) an analysis with regard to existing policies and procedures of brokers, dealers, investment advisers, and other market participants related to senior investors and senior investor-related topics and whether these policies and procedures need to be further developed or refined;

“(G) recommendations for such changes to the regulations, guidance, and orders of the Commission and self-regulatory organizations and such legislative actions as may be appropriate to resolve problems encountered by senior investors; and

“(H) any other information, as determined appropriate by the Director of the Taskforce.

“(8) REQUEST FOR REPORTS.—The Taskforce shall make any report issued under paragraph (7) available to a Member of Congress who requests such a report.

“(9) SUNSET.—The Taskforce shall terminate after the end of the 10-year period beginning on the date of the enactment of this subsection.

“(10) SENIOR INVESTOR DEFINED.—For purposes of this subsection, the term ‘senior investor’ means an investor over the age of 65.

“(11) USE OF EXISTING FUNDS.—The Commission shall use existing funds to carry out this subsection.”.

(b) GAO study.—

(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress and the Senior Investor Taskforce the results of a study of financial exploitation of senior citizens.

(2) CONTENTS.—The study required under paragraph (1) shall include information with respect to—

(A) economic costs of the financial exploitation of senior citizens—

(i) associated with losses by victims that were incurred as a result of the financial exploitation of senior citizens;

(ii) incurred by State and Federal agencies, law enforcement and investigatory agencies, public benefit programs, public health programs, and other public programs as a result of the financial exploitation of senior citizens;

(iii) incurred by the private sector as a result of the financial exploitation of senior citizens; and

(iv) any other relevant costs that—

(I) result from the financial exploitation of senior citizens; and

(II) the Comptroller General determines are necessary and appropriate to include in order to provide Congress and the public with a full and accurate understanding of the economic costs resulting from the financial exploitation of senior citizens in the United States;

(B) frequency of senior financial exploitation and correlated or contributing factors—

(i) information about percentage of senior citizens financially exploited each year; and

(ii) information about factors contributing to increased risk of exploitation, including such factors as race, social isolation, income, net worth, religion, region, occupation, education, home-ownership, illness, and loss of spouse; and

(i) the degree to which financial exploitation of senior citizens unreported to authorities;

(ii) the reasons that financial exploitation may be unreported to authorities;

(iii) to the extent that suspected elder financial exploitation is currently being reported—

(I) information regarding which Federal, State, and local agencies are receiving reports, including adult protective services, law enforcement, industry, regulators, and professional licensing boards;

(II) information regarding what information is being collected by such agencies; and

(III) information regarding the actions that are taken by such agencies upon receipt of the report and any limits on the agencies’ ability to prevent exploitation, such as jurisdictional limits, a lack of expertise, resource challenges, or limiting criteria with regard to the types of victims they are permitted to serve;

(iv) an analysis of gaps that may exist in empowering Federal, State, and local agencies to prevent senior exploitation or respond effectively to suspected senior financial exploitation; and

(v) an analysis of the legal hurdles that prevent Federal, State, and local agencies from effectively partnering with each other and private professionals to effectively respond to senior financial exploitation.

(3) SENIOR CITIZEN DEFINED.—For purposes of this subsection, the term “senior citizen” means an individual over the age of 65.

SEC. 5452. Military service question.

(a) In general.—Subpart A of part 2 of subtitle A of title VIII of the Housing and Community Development Act of 1992 (12 U.S.C. 4541 et seq.) is amended by adding at the end the following:

“SEC. 1329. Uniform Residential Loan Application.

“The Director shall, not later than 6 months after the date of the enactment of this section, require each enterprise to—

“(1) include a military service question on the form known as the Uniform Residential Loan Application; and

“(2) position such question above the signature line of the Uniform Residential Loan Application.”.

(b) Rulemaking.—The Director of the Federal Housing Finance Agency shall, not later than 6 months after the date of the enactment of this section, issue a rule to carry out the amendment made by this section.

SEC. 5453. Prohibition on trading ahead by market makers.

(a) In general.—Section 15 of the Securities Exchange Act of 1934 (15 U.S.C. 78o) is amended by adding at the end the following:

“(p) Prohibition on trading ahead by market makers.—

“(1) IN GENERAL.—With respect to a person acting in the capacity of a market maker, if the person accepts an order with respect to a security from a customer, including a broker or dealer—

“(A) the market maker has a duty of trust and loyalty to the customer arising from the receipt of such order; and

“(B) the information in such order is material, non-public information that may be used only in furtherance of executing such customer’s order.

“(2) ANNUAL CEO CERTIFICATION.—The Chief Executive Officer of each person that acts in the capacity of a market maker shall issue an annual certification to the Commission, in such form and manner as the Commission may prescribe by rule, that certifies that—

“(A) the person has performed reasonable due diligence during the reporting period to ensure that the person has not violated the duty of trust and loyalty described under paragraph (1)(A) or used the information described under paragraph (1)(B) in a prohibited fashion; and

“(B) the person has not violated the duty of trust and loyalty described under paragraph (1)(A) or used the information described under paragraph (1)(B) in a prohibited fashion during the reporting period.

“(3) PERSONAL LIABILITY.—

“(A) FINE FOR INDIVIDUAL VIOLATIONS.—Any associated person of a market maker who knowingly and willfully causes the market maker to violate paragraph (1) (or who directs another agent or associated person of the market maker to commit such a violation or engage in such acts that result in the associated person being personally unjustly enriched) shall be fined in an amount equal to the greater of—

“(i) two times the amount of profit realized by reason of such violation; or

“(ii) $50,000.

“(B) COURSE OF CONDUCT.—Any associated person of a market maker who knowingly and willfully causes the market maker to engage in a course of conduct of knowingly and willfully violating paragraph (1) (or who directs another agent or associated person of the market maker to commit such a violation or engage in such acts that result in the associated person being personally unjustly enriched) shall be—

“(i) fined in an amount not to exceed 200 percent of the compensation (including stock options awarded as compensation) received by such associated person from the market maker—

“(I) during the time period in which the violations occurred; or

“(II) in the one- to three-year time period preceding the date on which the violations were discovered; and

“(ii) imprisoned for not more than 5 years.

“(C) ASSOCIATED PERSON DEFINED.—The term ‘associated person’ means an associated person of a broker or dealer.

“(4) RULEMAKING.—Not later than the end of the 90-day period beginning on the date of enactment of this subsection, the Commission—

“(A) shall issue rules to carry out this subsection; and

“(B) may provide exemptions from the requirements of this subsection, by rule, if the Commission determines that such exemptions would promote market integrity and are necessary or appropriate in the public interest or for the protection of investors.”.

(b) Sense of Congress.—It is the sense of the Congress that the prohibitions added by this section should complement, and not replace, existing rules of self-regulatory organizations applicable to their members, including brokers and dealers.

(c) Effective date.—Section 15(p) of the Securities Exchange Act of 1934, as added by subsection (a), shall take effect after the end of the 180-day period beginning on the date of enactment of this Act.

SEC. 5454. Securing America’s Vaccines for Emergencies.

(a) Securing essential medical materials.—

(1) STATEMENT OF POLICY.—Section 2(b) of the Defense Production Act of 1950 (50 U.S.C. 4502) is amended—

(A) by redesignating paragraphs (3) through (8) as paragraphs (4) through (9), respectively; and

(B) by inserting after paragraph (2) the following:

“(3) authorities under this Act should be used when appropriate to ensure the availability of medical materials essential to national defense, including through measures designed to secure the drug supply chain, and taking into consideration the importance of United States competitiveness, scientific leadership and cooperation, and innovative capacity;”.

(2) STRENGTHENING DOMESTIC CAPABILITY.—Section 107 of the Defense Production Act of 1950 (50 U.S.C. 4517) is amended—

(A) in subsection (a), by inserting “(including medical materials)” after “materials”; and

(B) in subsection (b)(1), by inserting “(including medical materials such as drugs, devices, and biological products to diagnose, cure, mitigate, treat, or prevent disease that are essential to national defense)” after “essential materials”.

(3) STRATEGY ON SECURING SUPPLY CHAINS FOR MEDICAL MATERIALS.—Title I of the Defense Production Act of 1950 (50 U.S.C. 4511 et seq.) is amended by adding at the end the following:

“SEC. 109. Strategy on securing supply chains for medical materials.

“(a) In general.—Not later than 180 days after the date of the enactment of this section, the President, in consultation with the Secretary of Health and Human Services, the Secretary of Commerce, the Secretary of Homeland Security, and the Secretary of Defense, shall transmit a strategy to the appropriate Members of Congress that includes the following:

“(1) A detailed plan to use the authorities under this title and title III, or any other provision of law, to ensure the supply of medical materials (including drugs, devices, and biological products (as that term is defined in section 351 of the Public Health Service Act (42 U.S.C. 262)) to diagnose, cure, mitigate, treat, or prevent disease) essential to national defense, to the extent necessary for the purposes of this Act.

“(2) An analysis of vulnerabilities to existing supply chains for such medical materials, and recommendations to address the vulnerabilities.

“(3) Measures to be undertaken by the President to diversify such supply chains, as appropriate and as required for national defense.

“(4) A discussion of—

“(A) any significant effects resulting from the plan and measures described in this subsection on the production, cost, or distribution of biological products (as that term is defined in section 351 of the Public Health Service Act (42 U.S.C. 262)) or any other devices or drugs (as defined under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.));

“(B) a timeline to ensure that essential components of the supply chain for medical materials are not under the exclusive control of a foreign government in a manner that the President determines could threaten the national defense of the United States; and

“(C) efforts to mitigate any risks resulting from the plan and measures described in this subsection to United States competitiveness, scientific leadership, and innovative capacity, including efforts to cooperate and proactively engage with United States allies.

“(b) Progress Report.—Following submission of the strategy under subsection (a), the President shall submit to the appropriate Members of Congress an annual progress report until September 30, 2025, evaluating the implementation of the strategy, and may include updates to the strategy as appropriate. The strategy and progress reports shall be submitted in unclassified form but may contain a classified annex.

“(c) Appropriate Members of Congress.—The term ‘appropriate Members of Congress’ means the Speaker, majority leader, and minority leader of the House of Representatives, the majority leader and minority leader of the Senate, the Chairman and Ranking Member of the Committee on Energy and Commerce of the House of Representatives, the Chairman and Ranking Member of the Committee on Financial Services of the House of Representatives, the Chairman and Ranking Member of the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Chairman and Ranking Member of the Committee on Health, Education, Labor, and Pensions of the Senate.”.

(b) Investment in supply chain security.—

(1) IN GENERAL.—Section 303 of the Defense Production Act of 1950 (50 U.S.C. 4533) is amended by adding at the end the following:

“(h) Investment in supply chain security.—

“(1) IN GENERAL.—In addition to other authorities in this title, the President may make available to an eligible entity described in paragraph (2) payments to increase the security of supply chains and supply chain activities, if the President certifies to Congress not less than 30 days before making such a payment that the payment is critical to meet national defense requirements of the United States.

“(2) ELIGIBLE ENTITY.—An eligible entity described in this paragraph is an entity that—

“(A) is organized under the laws of the United States or any jurisdiction within the United States; and

“(B) produces—

“(i) one or more critical components;

“(ii) critical technology; or

“(iii) one or more products or raw materials for the security of supply chains or supply chain activities.

“(3) DEFINITIONS.—In this subsection, the terms ‘supply chain’ and ‘supply chain activities’ have the meanings given those terms by the President by regulation.”.

(2) REGULATIONS.—

(A) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the President shall prescribe regulations setting forth definitions for the terms “supply chain” and “supply chain activities” for the purposes of section 303(h) of the Defense Production Act of 1950 (50 U.S.C. 4533(h)), as added by paragraph (1).

(B) SCOPE OF DEFINITIONS.—The definitions required by subparagraph (A)—

(i) shall encompass—

(I) the organization, people, activities, information, and resources involved in the delivery and operation of a product or service used by the Government; or

(II) critical infrastructure as defined in Presidential Policy Directive 21 (February 12, 2013; relating to critical infrastructure security and resilience); and

(ii) may include variations as determined necessary and appropriate by the President for purposes of national defense.

SEC. 5455. Special Drawing Rights exchange prohibition.

(a) In general.—The Secretary of the Treasury may not engage in any transaction involving the exchange of Special Drawing Rights issued by the International Monetary Fund that are held by the Russian Federation or Belarus.

(b) Advocacy.—The Secretary of the Treasury shall—

(1) vigorously advocate that the governments of the member countries of the International Monetary Fund, to the extent that the member countries issue freely usable currencies, prohibit transactions involving the exchange of Special Drawing Rights held by the Russian Federation or Belarus; and

(2) 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 oppose the provision of financial assistance to the Russian Federation and Belarus, except to address basic human needs of the civilian population.

(1) the date that is 5 years after the date of the enactment of this Act; or

(2) 30 days after the date that the President reports to the Congress that the governments of the Russian Federation and Belarus have ceased destabilizing activities with respect to the sovereignty and territorial integrity of Ukraine.

(d) Waiver.—The President may waive the application of this section if the President reports to the Congress that the waiver is in the national interest of the United States and includes an explanation of the reasons therefor.

SEC. 5456. Prohibition on insider trading.

(a) In general.—The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by inserting after section 16 (15 U.S.C. 78p) the following:

“SEC. 16A. Prohibition on insider trading.

“(a) Prohibition against trading securities while aware of material, nonpublic information.—It shall be unlawful for any person, directly or indirectly, to purchase, sell, or enter into, or cause the purchase or sale of, or entry into, any security, security-based swap, or security-based swap agreement if that person, at the time the person takes such an action—

“(1) has access to information relating to such security, security-based swap, or security-based swap agreement that is material and nonpublic and is aware (including if the person consciously avoids being aware), or recklessly disregards, that such information is material and nonpublic; and

“(2) is aware (including if the person consciously avoids being aware), or recklessly disregards, that—

“(A) the information described in paragraph (1) has been obtained wrongfully; or

“(B) the purchase, sale, or entry would constitute wrongful trading on the information described in paragraph (1).

“(b) Prohibition against the wrongful communication of certain material, nonpublic information.—It shall be unlawful for any person, the purchase or sale of a security or security-based swap (or entry into a security-based swap agreement) by which would violate subsection (a), to wrongfully communicate material, nonpublic information relating to that security, security-based swap, or security-based swap agreement to any other person, if—

“(1) the person communicating the information, at the time the person communicates the information, is aware (including if the person consciously avoids being aware), or recklessly disregards, that such communication would result in such a purchase, sale, or entry; and

“(2) any recipient of the wrongfully communicated information purchases, sells, or causes the purchase or sale of any security or security-based swap, or enters into (or causes the entry into) any security-based swap agreement, based on that communication.

“(c) Standard and knowledge requirement.—

“(1) STANDARD.—For purposes of this section, trading while aware of material, nonpublic information under subsection (a), or communicating material, nonpublic information under subsection (b), is wrongful only if the information has been obtained by, or the communication or trading on the information would constitute, directly or indirectly—

“(A) theft, conversion, bribery, misrepresentation, espionage (through electronic or other means), or other unauthorized access of the information;

“(B) a violation of any Federal law protecting—

“(i) computer data; or

“(ii) the intellectual property or privacy of computer users;

“(C) misappropriation from a source of the information; or

“(D) a breach of any fiduciary duty to shareholders of an issuer for a direct or indirect personal benefit, including—

“(i) an existing or future pecuniary gain or reputational benefit; or

“(ii) a gift of confidential information to a relative or friend.

“(2) KNOWLEDGE REQUIREMENT.—It shall not be necessary that a person trading while aware of information in violation of subsection (a), or making a communication in violation of subsection (b), knows the specific means by which the information was obtained or communicated or traded on, or the specific benefit described in paragraph (1)(D) that was received, paid, or promised by or to any person in the chain of communication, if the person trading while aware of the information or making the communication, as applicable, at the time the person makes the trade or communicates the information, is aware (including if the person consciously avoids being aware), or recklessly disregards, that the information was wrongfully obtained, wrongfully traded on, or wrongfully communicated.

“(d) Affirmative defenses.—

“(1) IN GENERAL.—The Commission may, by rule or by order, exempt any person, security, or transaction, or any class of persons, securities, or transactions, from any or all of the provisions of this section, upon such terms and conditions as the Commission considers necessary or appropriate in furtherance of the purposes of this title.

“(2) RULE 10B5–1 COMPLIANT TRANSACTIONS.—The prohibitions of this section shall not apply to any transaction that satisfies the requirements of section 240.10b5–1 of title 17, Code of Federal Regulations, or any successor regulation.

“(e) Rule of construction.—The rights and remedies provided by this section shall be in addition to any and all other rights and remedies that may exist at law or in equity (without regard to whether such a right or remedy is provided under this Act) with respect to an action by a person to—

“(1) purchase, sell, or enter into a security, security-based swap, or security-based swap agreement while aware of material, nonpublic information; or

“(2) communicate material, nonpublic information relating to a security, security-based swap, or security-based swap agreement.”.

(b) Conforming amendments.—The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended—

(1) in section 3(a)(78)(A) (15 U.S.C. 78c(a)(78)(A)), by inserting “16A,” after “16,”;

(2) in section 21(d)(2) (15 U.S.C. 78u(d)(2)), by striking “or the rules or regulations thereunder” and inserting “, section 16A of this title, or the rules or regulations under either such section”;

(3) in section 21A (15 U.S.C. 78u–1)—

(A) in subsection (g)(1), by striking “section 10(b) and Rule 10b–5 thereunder” and inserting “section 10(b), Rule 10b–5 thereunder, and section 16A”; and

(B) in subsection (h)(1), by striking “section 10(b), and Rule 10b–5 thereunder” and inserting “section 10(b), Rule 10b–5 thereunder, and section 16A”; and

(4) in section 21C(f) (15 U.S.C. 78u–3(f)), by striking “or the rules or regulations thereunder” and inserting “, section 16A, or the rules or regulations under either such section”.

SEC. 5457. Community development block grant disaster recovery program.

(a) In general.—Title I of the Housing and Community Development Act of 1974 is amended—

(1) in section 101(c) (42 U.S.C. 5301(c))—

(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

“(10) in the case of grants awarded under section 123, the recovery from disasters and efforts to mitigate the effects of future disasters.”;

(2) in section 102(a) (42 U.S.C. 5302(a))—

(A) in paragraph (20)(A), by inserting before the last sentence the following: “The term ‘persons of middle income’ means families and individuals whose incomes exceed 80 percent, but do not exceed 120 percent, of the median income of the area involved, as determined by the Secretary with adjustments for smaller and larger families.”; and

(B) by adding at the end the following new paragraph:

“(25) The term ‘major disaster’ has the meaning given such term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).”;

(3) in section 106(c)(4) (42 U.S.C. 5306(c)(4))—

(A) in subparagraph (A)—

(i) by striking “declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act”; and

(ii) by inserting “major” before “disaster, any amounts”;

(B) in subparagraph (C), by inserting “major” before “disaster”; and

(4) in section 122 (42 U.S.C. 5321)), by striking “disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act” and inserting “major disaster”; and

(5) by adding at the end the following new sections:

“SEC. 123. CDBG-disaster recovery assistance.

“(a) Authority; Use.—

“(1) IN GENERAL.—The Secretary may provide assistance under this section to States, including Puerto Rico, units of general local government, and Indian tribes for necessary expenses for activities authorized under this title related to disaster relief, resiliency, long-term recovery, restoration of infrastructure and housing, mitigation, and economic revitalization in the most impacted and distressed areas (as such term shall be defined by the Secretary by regulation) resulting from a major disaster declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

“(2) AUTHORIZATION OF APPROPRIATIONS.—For purposes of assistance under this section, there are authorized to be appropriated and made available in the Community Development Block Grant Declared Disaster Recovery Fund established under section 124, such sums as are necessary to respond to current or future disasters, which shall remain available until expended.

“(b) Allocation; coordination.—

“(1) ALLOCATION AMOUNTS.—The Secretary shall annually establish and publish on its website an unmet needs threshold for most impacted and distressed areas resulting from a major disaster that shall result in a grant under this section. In determining the amount allocated under this section for any grantee, the Secretary shall make allocations based on the best available data on unmet recover needs and include an additional amount, as determined by the Secretary, for mitigation, based on the best available research, the type of disaster, and such amounts awarded for mitigation for similar types of disasters in prior years. Such data may include information from the Federal Emergency Management Agency, the Small business Administration, and any other relevant Federal, State, or local agency, and data from the Bureau of the Census to assess the unmet needs of both homeowners and renters.

“(2) DEADLINES FOR ALLOCATION.—Except as provided in paragraph (3), for any major disaster meeting the most impacted and distressed unmet need threshold requirements in paragraph (1), the Secretary shall allocate funds available to a grantee for assistance under this section within 60 days of the date of a major disaster declaration or 60 days from when sufficient funds become available to make the allocation.

“(3) INAPPLICABILITY OF DEADLINES BASED ON INSUFFICIENT INFORMATION.—The deadlines under paragraph (2) for allocation of funds shall not apply in the case of funds made available for assistance under this section if Federal Emergency Management Agency has not made sufficient information available to the Secretary regarding relevant unmet recovery needs to make allocations in accordance with such deadlines. The Secretary shall notify the Congress of progress on or delay in receiving the necessary information within 60 days following declaration of such a major disaster and monthly thereafter until all necessary information is received.

“(4) OBLIGATION OF AMOUNTS BY THE SECRETARY.—Subject to subsection (c)(1), the Secretary shall provide for the disbursement of the amounts allocated for a grantee, but shall require the grantee to be in substantial compliance with the requirements of this section before each such disbursement.

“(5) COORDINATION OF DISASTER BENEFITS AND DATA WITH OTHER FEDERAL AGENCIES.—

“(A) COORDINATION OF DATA.—The Secretary shall coordinate with other agencies to obtain data on recovery needs, including the Administrator of the Federal Emergency Management Agency and the Administrator of the Small Business Administration, and other agencies when necessary regarding disaster benefits.

“(B) COORDINATION WITH FEMA.—The Secretary shall share with the Administrator of the Federal Emergency Management Agency, and make publicly available (with such redactions necessary to protect personally identifiable information), all data collected, possessed, or analyzed during the course of a disaster recovery for which assistance is provided under this section. Notwithstanding section 552a of title 5, U.S.C., or any other law, the Secretary may make data transfers pertaining to grants under this section with the FEMA Administrator, grantees, and academic and research institutions described in section 123(l)(3), which transfers may disclose information about an individual without the individual’s written consent, including the use and retention of this data for computer matching programs to assess disaster recovery needs and to prevent the duplication of benefits and other waste, fraud, and abuse; provided, that the Secretary shall enter a data sharing agreement before sharing or receiving any information under transfers authorized by this section. The data sharing agreements must, in the determination of the Secretary, include measures adequate to safeguard the privacy and personally identifying information of individuals. The data the Secretary shares with the Administrator shall include—

“(i) all data on damage caused by the disaster;

“(ii) information on how any Federal assistance provided in connection with the disaster is expended; and

“(iii) information regarding the effect of the disaster on education, transportation capabilities and dependence, housing needs, health care capacity, and displacement of persons.

“(C) REQUIREMENTS REGARDING ELIGIBILITY FOR DIRECT ASSISTANCE AND DUPLICATION OF BENEFITS.—

“(i) COMPLIANCE.—Funds made available under this subsection shall be used in accordance with section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155), as amended by section 1210 of the Disaster Recovery Reform Act of 2018 (division D, Public Law 115–254), and such rules as may be prescribed under such section.

“(ii) PRIORITY.—Households having the lowest incomes shall be prioritized for direct assistance under this subsection until all unmet needs are satisfied for families having an income up to 120 percent of the median for the area.

“(D) TREATMENT OF DUPLICATIVE BENEFITS.—In any case in which a grantee provides assistance that duplicates benefits available to a person for the same purpose from another source, the grantee itself shall either (i) be subject to remedies for noncompliance under section 111, or (ii) bear responsibility for absorbing such cost of duplicative benefits and returning an amount equal to any duplicative benefits paid to the grantee’s funds available for use under this section or to the Community Development Block Grant Declared Disaster Recovery Fund under section 124, unless the Secretary issues a public determination by publication in the Federal Register that it is not in the best interest of the Federal Government to pursue such remedies based on hardships identified in subparagraph (E) or other reasons.

“(E) WAIVER OF RECOUPMENT.—A grantee of assistance from funds made available for use under this section may request a waiver from the Secretary of any recoupment by the Secretary of such funds for amounts owed by persons who have received such assistance from such funds and who have been defrauded, or after receiving assistance, have filed for bankruptcy, gone through a foreclosure procedure on property that received such assistance, or are deceased. If the grantee self-certifies to the Secretary in such request that it has verified that the individual conditions of each person it is requesting a waiver for meets one of the conditions specified in the preceding sentence, the Secretary may grant such waivers on the basis of grantee self-certification, issue a public determination by publication in the Federal Register that it is not in the best interest of the Federal Government to pursue such recoupment, and may conduct oversight to verify grantee self-certification and subject the grantee to remedies for noncompliance for any amounts that have not met such requirements.

“(F) PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION.—In carrying out this paragraph, the Secretary and the grantee shall take such actions as may be necessary to ensure that personally identifiable information regarding recipients of assistance provided from funds made available under this section is not made publicly available by the Department of Housing and Urban Development or any agency with which information is shared pursuant to this paragraph.

“(c) Plan for use of assistance.—

“(1) REQUIREMENT.—Not later than 90 days after the allocation pursuant to subsection (b)(1) of all of the funds made available by an appropriations Act for assistance under this section and before the Secretary obligates any of such funds for a grantee, the grantee shall submit a plan to the Secretary for approval detailing the proposed use of all funds, which shall include, at a minimum—

“(A) criteria for eligibility for each proposed use of funds, including eligibility limits on income and geography, and a description of how each proposed use of such funds will comply with all civil rights and fair housing laws and will address disaster relief, resiliency, long-term recovery, restoration of infrastructure and housing, hazard mitigation, and economic revitalization in the most impacted and distressed areas, including, as appropriate, assistance for the benefit of impacted households experiencing homelessness as defined by section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) or at risk of homelessness as defined by section 401 of such Act (42 U.S.C. 11360);

“(B) an agreement to share data, disaggregated by the smallest census tract, block group, or block possible for the data set, with Federal agencies and other providers of disaster relief, which shall include information the grantee has regarding the matters described in subsection (b)(4)(B);

“(C) identification of officials and offices responsible for administering such funds and processes and procedures for identifying and recovering duplicate benefits;

“(D) for grantees other than Indian tribes, a plan for compliance with the Fair Housing Act, which may include, at the election of the grantee, providing for partnerships with local fair housing organizations and funding set-aside for local fair housing organizations to handle complaints relating to assistance with amounts made available for use under this section; and

“(E) a plan to provide for the funding and delivery of—

“(i) case management services to assist disaster-impacted residents in identifying, understanding, and accessing available assistance; and

“(ii) housing counseling services through housing counseling agencies approved by the Secretary to assist disaster-impacted residents with mortgage assistance, housing affordability, homeownership, tenancy, avoiding foreclosure and eviction, and other housing counseling topics;

“(F) a plan for addressing displacement or relocation caused by activities performed pursuant to this section,

such a plan shall set forth how housing counseling services will be delivered in coordination with case management services; and

“(G) a plan for addressing displacement or relocation caused by activities performed pursuant to this section.

“(2) IMPLEMENTATION FUNDING.—To speed recovery, the Secretary may award a portion of a grant for implementation purposes under this section at the time the Secretary announces the allocation of funds and before the Secretary has issued pre-grant certifications and the grantee has made required submissions to the Secretary, and with the following conditions:

“(A) Implementation funding under this paragraph shall not exceed 10 percent of the grant awarded under subsection (a).

“(B) Implementation funding shall be limited to eligible activities that, in the determination of the Secretary, will support faster recovery, improve the grantee’s ability to assess unmet recovery needs, plan for the prevention of improper payments, and reduce fraud, waste, and abuse.

“(C) Awards under this subsection shall not be subject to the substantial compliance determination under subsection (b)(4).

“(3) APPROVAL.—

“(A) IN GENERAL.—The Secretary shall, by regulation, specify criteria for approval of plans under paragraph (1), including approval of substantial amendments to such plans.

“(B) PARTIAL APPROVAL.—The Secretary may approve a plan addressing the use of funds for unmet recovery needs under paragraph (1) before approving a plan addressing the use of funds for mitigation.

“(4) DISAPPROVAL.—The Secretary shall disapprove a plan or substantial amendment to a plan if—

“(A) the plan or substantial amendment does not meet the approval criteria;

“(B) based on damage and unmet needs assessments of the Secretary and the Federal Emergency Management Administration or such other information as may be available, the plan or substantial amendment describing activities to address unmet recovery needs does not provide an allocation of resources that is reasonably proportional to unmet need—

“(i) between infrastructure and housing activities; and

“(ii) between homeowners, renters, and persons experiencing homelessness;

“(C) unless the plan is submitted by an Indian tribe, the plan or amendment does not provide an adequate plan for ensuring that funding provided under this section is used in compliance with the Fair Housing Act;

“(D) the plan or substantial amendment does not adequately address, as determined by the Secretary in regulation, the unmet needs for replacement or rehabilitation of certain disaster-damaged housing units, with cost adjustment where appropriate, including damaged dwelling units in public housing, as such term is defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)), projects receiving tax credits pursuant to section 42 of the Internal Revenue Code of 1986, or for projects assisted under section 8 of the Housing Act of 1937 (42 U.S.C. 1437f), under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q), under section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013), under the HOME Investment Partnerships Act (42 U.S.C. 12721 et seq.), under the community development block grant program under this title, or by the Housing Trust Fund under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4568) or any low and moderate income dwelling units demolished or converted to a use other than for housing for low and moderate income persons, as defined in section 104(d) of this Act (42 U.S.C. 5304(d));

“(E) the plan or substantial amendment does not use a percentage of the grant, as determined by the Secretary in regulation, for acquisition, rehabilitation, reconstruction, or other activities permitted by the Secretary to provide affordable rental housing to benefit persons of low and moderate income, which rental housing will, upon completion, be occupied by such persons; or

“(F) the plan or substantial amendment does not provide a process to provide applicants—

“(i) notice by grantee of applicant’s right to administrative appeal of any adverse action on the applicant’s application; and

“(ii) right to full discovery of applicant’s entire application file.

“(5) PUBLIC CONSULTATION.—In developing the plan required under paragraph (1), a grantee shall, at a minimum—

“(A) consult with affected residents, stakeholders, local governments, and public housing authorities to assess needs;

“(B) publish the plan in accordance with the requirements set forth by the Secretary, including a requirement to prominently post the plan on the website of the grantee for not less than 14 days;

“(C) ensure equal access for individuals with disabilities and individuals with limited English proficiency; and

“(D) publish the plan in a manner that affords citizens, affected local governments, and other interested parties a reasonable opportunity to examine the contents of the plan and provide feedback.

“(6) RESUBMISSION.—The Secretary shall permit a grantee to revise and resubmit a disapproved plan or plan amendment.

“(7) TIMING.—

“(A) IN GENERAL.—The Secretary shall approve or disapprove a plan not later than 60 days after submission of the plan to the Secretary. The Secretary shall immediately notify the State, unit of general local government, or Indian tribe that submitted the plan or substantial amendment of the Secretary’s decision.

“(B) DISAPPROVAL.—If the Secretary disapproves a plan or a substantial amendment, not later than 15 days after such disapproval the Secretary shall inform the State, unit of general local government, or Indian tribe in writing of (i) the reasons for disapproval, and (ii) actions that the State, unit of general local government, or Indian tribe could take to meet the criteria for approval.

“(C) SUBSTANTIAL AMENDMENTS; RESUBMISSION.—The Secretary shall, for a period of not less than 45 days following the date of disapproval, permit the revision and resubmission of any plan or substantial amendment that is disapproved. The Secretary shall approve or disapprove a resubmission of any plan or substantial amendment not less than 30 days after receipt of such substantial amendments or resubmission.

“(D) GRANT AGREEMENTS.—Subject to subsection (b)(3), the Secretary shall ensure that all grant agreements necessary for prompt disbursement of funds allocated to a grantee are signed by the Secretary within 60 days of approval of grantee’s plan describing the use of such funds.

“(d) Financial controls.—

“(1) COMPLIANCE SYSTEM.—The Secretary shall develop and maintain a system to ensure that each grantee has and will maintain for the life of the grant—

“(A) proficient financial controls and procurement processes;

“(B) adequate procedures to ensure that eligible applicants are approved for assistance with amounts made available for use under this section and that recipients are provided the full amount of assistance for which they are eligible, subject to funding availability;

“(C) adequate procedures to prevent any duplication of benefits, as defined by section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155), to ensure timely expenditure of funds, and to detect and prevent waste, fraud, and abuse of funds; and

“(D) adequate procedures to ensure the grantee will maintain comprehensive and publicly accessible websites that make available information regarding all disaster recovery activities assisted with such funds, which information shall include common reporting criteria established by the Secretary that permits individuals and entities awaiting assistance and the general public to see how all grant funds are used, including copies of all relevant, unredacted procurement documents, grantee administrative contracts and details of ongoing procurement processes, as determined by the Secretary.

“(2) EVALUATION OF COMPLIANCE.—The Secretary shall provide, by regulation or guideline, a method for qualitatively and quantitatively evaluating compliance with the requirements under paragraph (1).

“(3) CERTIFICATION.—Before making a grant, the Secretary shall certify in advance that the grantee has in place the processes and procedures required under subparagraphs (A) through (D) of paragraph (1), as determined by the Secretary. No additional certification is necessary if the Secretary has recently certified that the grantee has the required processes and procedures. The Secretary may permit a State, unit of general local government, or Indian tribe to demonstrate compliance with requirements for adequate financial controls before disasters occur and before receiving an allocation for a grant under this section.

“(e) Use of funds.—

“(1) ADMINISTRATIVE COSTS.—

“(A) IN GENERAL.—The Secretary shall establish by regulation the maximum grant amounts a State, unit of general local government, or Indian tribe may use for administrative costs, and for technical assistance and planning activities, taking into consideration size of grant, complexity of recovery, and other factors as determined by the Secretary. Amounts available for administrative costs for a grant under this section shall be available for eligible administrative costs of the grantee for any grant made under this section, without regard to a particular disaster.

“(B) DISCRETION TO ESTABLISH SLIDING SCALE.—The Secretary may establish a series of percentage limitations on the amount of grant funds received that may be used by a grantee for administrative costs, but only if—

“(i) such percentage limitations are based on the amount of grant funds received by a grantee;

“(ii) such series provides that the percentage that may be so used is lower for grantees receiving a greater amount of grant funds and such percentage that may be so used is higher for grantees receiving a lesser amount of grant funds; and

“(iii) in no case may a grantee so use more than 10 percent of grant funds received.

“(2) LIMITATIONS ON USE.—Amounts from a grant under this section may not be used for activities—

“(A) that are reimbursable, or for which funds are made available, by the Federal Emergency Management Agency, including under the Robert T. Stafford Disaster Relief and Emergency Assistance Act or the National Flood Insurance Program; or

“(B) for which funds are made available by the Army Corps of Engineers.

“(3) HUD ADMINISTRATIVE COSTS.—

“(A) LIMITATION.—Of any funds made available to the Community Development Block Grant Declared Disaster Recovery Fund established under section 124 or otherwise made available for use under this section by any single appropriations Act, the Secretary may use 1 percent of any such amount for necessary costs, including information technology costs, of administering and overseeing the obligation and expenditure of amounts made available for use under this section.

“(B) TRANSFER OF FUNDS.—Any amounts made available for use in accordance with subparagraph (A)—

“(i) shall be transferred to the appropriate salaries and expenses account in the Community Development Block Grant Declared Disaster Recovery Fund established under section 124 for use by the Office of Disaster Recovery and Resilient Communities;

“(ii) shall remain available until expended; and

“(iii) may be used for administering any funds appropriated for the same purposes described in section 123(a) to the Community Development fund or Community Development Block Grant Declared Disaster Recovery Fund established under section 124 in any prior or future Act, notwithstanding the disaster for which such funds were appropriated.

“(4) INSPECTOR GENERAL.—Of any funds made available for use in accordance with paragraph (3)(A), 15 percent shall be transferred to the Office of the Inspector General for necessary costs of audits, reviews, oversight, evaluation, and investigations relating to amounts made available for use under this section.

“(5) CAPACITY BUILDING.—Of any funds made available for use under this section, not more than 0.1 percent or $15,000,000, whichever is less, shall be made available to the Secretary for capacity building and technical assistance, including assistance regarding contracting and procurement processes, to support grantees and subgrantees receiving funds under this section.

“(6) MITIGATION PLANNING.—

“(A) REQUIREMENT.—The Secretary shall require each grantee to use a fixed percentage of any allocation for mitigation for comprehensive mitigation planning, subject to the limitations on funds in paragraph (2).

“(B) AMOUNT.—The Secretary may establish such fixed percentage by regulation and may establish a lower percentage for grantees receiving a grant exceeding $1,000,000,000.

“(C) COORDINATION.—Each grantee shall ensure that such comprehensive mitigation planning is coordinated and aligned with existing comprehensive, land use, transportation, and economic development plans, and specifically analyze multiple types of hazard exposures and risks. Each grantee shall coordinate and align such mitigation planning with other mitigation projects funded by the Federal Emergency Management Agency, the Army Corps of Engineers, the Forest Service, and other agencies as appropriate.

“(D) USE OF FUNDS.—Such funds may be used for the purchase of data and development or updating of risk mapping for all relevant hazards.

“(E) PRIORITY.—Grantees shall prioritize the expenditure of grant funds to support hazard mitigation and resiliency funds for activities primarily benefitting persons of low and moderate income with the greatest risk of harm from natural hazards.

“(7) BUILDING SAFETY.—

“(A) IN GENERAL.—In consultation with the Administrator of the Federal Emergency Management Agency, the Secretary shall provide that no funds made available under this section shall be used for installation, substantial rehabilitation, reconstruction, or new construction of infrastructure or residential, commercial, or public buildings in hazard-prone areas, unless construction complies with paragraph (8) and with the latest published editions of relevant national consensus-based codes, and specifications and standards referenced therein, except that nothing in this section shall be construed to prohibit a grantee from requiring higher standards.

“(B) SAVINGS PROVISION.—Nothing in subparagraph (A) shall be construed as a requirement for a grantee to adopt the latest published editions of relevant national consensus-based codes, specifications, and standards.

“(C) COMPLIANCE.—Compliance with this paragraph may be certified by a suitable design professional.

“(D) DEFINITIONS.—For purposes of this paragraph, the following definitions shall apply:

“(i) HAZARD-PRONE AREAS.—The term ‘hazard-prone areas’ means areas identified by the Secretary, in consultation with the Administrator, at risk from natural hazards that threaten property damage or health, safety, and welfare, such as floods (including special flood hazard areas), wildfires (including Wildland-Urban Interface areas), earthquakes, tornados, and high winds. The Secretary may consider future risks and the likelihood such risks may pose to protecting property and health, safety, and general welfare when making the determination of or modification to hazard-prone areas.

“(ii) LATEST PUBLISHED EDITIONS.—The term ‘latest published editions’ means, with respect to relevant national consensus-based codes, and specifications and standards referenced therein, the two most recent published editions, including, if any, amendments made by States, units of general local government, or Indian tribes during the adoption process, that incorporate the latest natural hazard-resistant designs and establish criteria for the design, construction, and maintenance of structures and facilities that may be eligible for assistance under this section for the purposes of protecting the health, safety, and general welfare of a structure’s or facility’s users against disasters.

“(8) FLOOD RISK MITIGATION.—

“(A) REQUIREMENTS.—Subject to subparagraph (B), the Secretary shall require that any structure that is located in an area having special flood hazards and that is newly constructed, for which substantial damage is repaired, or that is substantially improved, using amounts made available under this section, shall be elevated with the lowest floor, including the basement, at least two feet above the base flood level, or to a future flood protection standard that provides equivalent protection and is developed in conjunction with the Administrator of the Federal Emergency Management Agency, except that critical facilities, including hospitals, nursing homes, and other public facilities providing social and economic lifelines, as defined by the Secretary, shall be elevated at least 3 feet above the base flood elevation (or higher if required under paragraph (7)).

“(B) ALTERNATIVE MITIGATION.—In the case of existing structures consisting of multifamily housing and row houses, and other structures, as determined by the Secretary, the Secretary shall seek consultation with the Administrator of the Federal Emergency Management Agency, shall provide for alternative forms of mitigation (apart from elevation), and shall exempt from the requirement under subparagraph (A) any such structure that meets the standards for such an alternative form of mitigation.

“(C) DEFINITIONS.—For purposes of subparagraph (A), the terms ‘area having special flood hazards’, ‘newly constructed’, ‘substantial damage’, ‘substantial improvement’, and ‘base flood level’ have the same meanings as under the Flood Disaster Protection Act of 1973 and the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.).

“(f) Administration.—In administering any amounts made available for assistance under this section, the Secretary—

“(1) may not allow a grantee to use any such amounts for any purpose other than the purpose approved by the Secretary in the plan or amended plan submitted under subsection (c) to the Secretary for use of such amounts; and

“(2) shall prohibit a grantee from delegating, by contract or otherwise, the responsibility for inherent government functions.

“(g) Training for grant management for subgrantees.—The Secretary shall require each grantee to provide ongoing training to all staff and subgrantees.

“(h) Procurement processes and procedures for grantees.—

“(1) GRANTEE PROCESSES AND PROCEDURES.—In procuring property or services to be paid for in whole or in part with amounts from a grant under this section, a grantee shall—

“(A) follow its own procurement processes and procedures, but only if the Secretary makes a determination that such processes and procedures comply with the requirements under paragraph (2); or

“(B) comply with such processes and procedures as the Secretary shall, by regulation, establish for purposes of this section.

“(2) REQUIREMENTS.—The requirements under this paragraph with respect to such processes and procedures shall—

“(A) provide for full and open competition and compliance with applicable statutory requirements on the use of Federal funds, and require cost or price analysis;

“(B) include requirements for procurement policies and procedures for subgrantees;

“(C) specify methods of procurement and their applicability, but not allow cost-plus-a-percentage-of cost or percentage-of-construction-cost methods of procurement;

“(D) include standards of conduct governing employees engaged in the award or administration of contracts; and

“(E) ensure that all purchase orders and contracts include any clauses required by Federal statute, Executive order, or implementing regulation.

“(i) Treatment of CDBG allocations.—Amounts made available for use under this section shall not be considered relevant to the non-disaster formula allocations made pursuant to section 106 of this title (42 U.S.C. 5306).

“(j) Waivers.—

“(1) AUTHORITY.—Subject to the other provisions of this section, in administering amounts made available for use under this section, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the recipient of such funds (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment and except for the requirements of this section), if the Secretary makes a public finding that good cause exists for the waiver or alternative requirement and such waiver or alternative requirement would not be inconsistent with the overall purposes of this title.

“(2) NOTICE AND PUBLICATION.—Any waiver of or alternative requirement pursuant to paragraph (1) shall not take effect before the expiration of the 5-day period beginning upon the publication of notice in the Federal Register of such waiver or alternative requirement.

“(3) APPLICABLE REQUIREMENTS AND BENEFIT TO LOW- AND MODERATE-INCOME PERSONS.—

“(A) IN GENERAL.—The requirements in this Act that apply to grants made under section 106 of this title (except those related to the allocation) apply equally to grants under this section unless modified by a waiver or alternative requirement pursuant to paragraph (1).

“(B) LIMITATION.—Notwithstanding subparagraph (A), the Secretary may not grant a waiver or alternative requirement to reduce the percentage of funds that must be used for activities that benefit persons of low and moderate income to less than 70 percent, unless the Secretary specifically finds that there is compelling need to further reduce the percentage requirement and that funds are not necessary to address the housing needs of low- and moderate-income residents.

“(4) PROHIBITION.—The Secretary may not use the authority under paragraph (1) to waive any provision of this section.

“(k) Environmental review.—

“(1) ADOPTION.—Notwithstanding subsection (j)(1), recipients of funds provided under this section that use such funds to supplement Federal assistance provided under section 402, 403, 404, 406, 407, 408(c)(4), 428, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) may adopt, without review or public comment, any environmental review, approval, or permit performed by a Federal agency, and such adoption shall satisfy the responsibilities of the recipient with respect to such environmental review, approval, or permit under section 104(g)(1) of this title (42 U.S.C. 5304(g)(1)).

“(2) RELEASE OF FUNDS.—Notwithstanding section 104(g)(2) of this title (42 U.S.C. 5304(g)(2)), the Secretary may, upon receipt of a request for release of funds and certification, immediately approve the release of funds for an activity or project assisted with amounts made available for use under this section if the recipient has adopted an environmental review, approval or permit under paragraph (1) or the activity or project is categorically excluded from review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

“(3) STATE ACTIONS.—The requirements of section 104(g)(4) shall apply to assistance under this section that a State distributes to a unit of general local government.

“(l) Collection of information; audits and oversight.—

“(1) COLLECTION OF INFORMATION.—For each major disaster for which assistance is made available under this section, the Secretary shall collect information from grantees regarding all recovery activities so assisted, including information on applicants and recipients of assistance, and shall make such information available to the public and to the Inspector General for the Department of Housing and Urban Development on a monthly basis using uniform data collection practices, and shall provide a quarterly update to the Congress regarding compliance with this section. Information collected and reported by grantees and the Secretary shall be disaggregated by program, race, income, geography, and all protected classes of individuals under the Americans with Disabilities Act of 1990, the Fair Housing Act, the Civil Rights Act of 1964, and other civil rights and nondiscrimination protections, with respect to the smallest census tract, block group, or block possible for the data set.

“(2) AVAILABILITY OF INFORMATION.—In carrying out this paragraph, the Secretary may make full and unredacted information available to academic and research institutions for the purpose of research into the equitable distribution of recovery funds, adherence to civil rights protections, and other areas.

“(3) PROTECTION OF INFORMATION.—The Secretary shall take such actions and make such redactions as may be necessary to ensure that personally identifiable information regarding recipients of assistance provided from funds made available under this section shall not made publicly available.

“(4) AUDITS AND OVERSIGHT.—In conducting audits, reviews, oversight, evaluation, and investigations, in addition to activities designed to prevent and detect waste, fraud, and abuse, the Inspector General shall review activities carried out by grantees under this section to ensure such programs fulfill their authorized purposes, as identified in the grantee’s action plan.

“(m) Plan pre-Certification for States and units of general local government.—

“(1) IN GENERAL.—The Secretary shall carry out a program under this subsection to provide for States and units of general local government to pre-certify as eligible grantees for assistance under this section. The objective of such program shall be to—

“(A) allow grantees that have consistently demonstrated the ability to administer funds responsibly and equitably in similar disasters to utilize in subsequent years plans which are substantially similar to those the Department has previously approved; and

“(B) facilitate the re-use of a plan or its substantially similar equivalent by a pre-certified grantee for whom the plan has previously been approved and executed upon.

“(2) REQUIREMENTS.—To be eligible for pre-certification under the program under this subsection a State or unit of general local government shall—

“(A) demonstrate to the satisfaction of the Secretary compliance with the requirements of this section; and

“(B) have previously submitted a plan or its substantially similar equivalent and received assistance thereunder as a grantee or subgrantee under this section, or with amounts made available for the Community Development Block Grant—Disaster Recovery account, in connection with two or more major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

“(3) APPROVAL OF PLANS.—

“(A) EXPEDITED APPROVAL PROCESSES.—The Secretary shall establish and maintain processes for expediting approval of plans for States and units of general local government that are pre-certified under this subsection.

“(B) EFFECT OF PRE-CERTIFICATION.—Pre-certification pursuant to this subsection shall not—

“(i) establish any entitlement to, or priority or preference for, allocation of funds made available under this section; or

“(ii) exempt any grantee from complying with any of the requirements under, or established pursuant to, subsection (c) or (d).

“(4) DURATION.—Pre-certification under this subsection shall be effective for a term of 5 years.

“(n) Deposit of unused amounts in fund.—

“(1) UNMET NEEDS.—If any amounts made available for assistance for unmet needs under this section to grantees remain unexpended upon the earlier of—

“(A) the date that the grantee of such amounts notifies the Secretary that the grantee has completed all activities identified in the grantee’s plan for use of such amounts that was approved by the Secretary in connection with such grant; or

“(B) the expiration of the 6-year period beginning upon the Secretary obligating such amounts to the grantee, as such period may be extended pursuant to paragraph (3);

the Secretary may, subject to authority provided in advance by appropriations Acts, transfer such unexpended amounts to the Secretary of the Treasury for deposit into the Community Development Block Grant Declared Disaster Recovery Fund established under section 124, except that the Secretary may, by regulation, permit the grantee to retain amounts needed to close out the grant.

“(2) MITIGATION.—If any amounts made available for assistance for mitigation under this section to grantees remain unexpended upon the earlier of—

“(B) the expiration of the 12-year period beginning upon the Secretary obligating such amounts to the grantee, as such period may be extended pursuant to paragraph (3);

“(3) EXTENSION OF PERIOD OF PERFORMANCE.—

“(A) UNMET NEEDS.—

“(i) IN GENERAL.—The period of performance under paragraph (1)(B) shall be extended by not more than 4 years if, before the expiration of such 6-year period, the Secretary waives this requirement and submits a written justification for such waiver to the Committees on Appropriations of the House of Representatives and the Senate that specifies the amended period of performance under the waiver.

“(ii) INSULAR AREAS.—For any amounts made available for unmet needs under this section to a grantee that is an insular area as defined in section 102, the Secretary may extend the period of performance under clause (i) by not more than an additional 4 years, and shall provide additional technical assistance to help increase capacity within the insular area receiving such extension. If the Secretary extends the period of performance pursuant to this subparagraph, the Secretary shall submit a written justification for such extension to the Committees on Appropriations of the House of Representatives and the Senate that specifies the period of such extension.

“(B) MITIGATION.—The period under paragraph (2)(B) shall be extended to a date determined by the Secretary if, before the expiration of such 12-year period, the Secretary issues a waiver to amend the period of performance and submits a written justification for such waiver to the Committees on Appropriations of the House of Representatives and the Senate that specifies the amended period of performance under the waiver.

“(o) Best practices.—

“(1) STUDY.—The Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, shall identify best practices for grantees on issues including developing the action plan and substantial amendments under subsection (c) and substantive amendments, establishing financial controls, building grantee technical and administrative capacity, procurement, compliance with Fair Housing Act statute and regulations, and use of grant funds as local match for other sources of Federal funding. The Secretary shall publish a compilation of such identified best practices and share with all relevant grantees, including States, units of general local government, and Indian tribes to facilitate a more efficient and effective disaster recovery process. The compilation shall include—

“(A) guidelines for housing and economic revitalization programs, including mitigation, with sufficient model language on program design for grantees to incorporate into action plans; and

“(B) standards for at least form of application, determining unmet need, and income eligibility.

“(2) EXPEDITED REVIEW.—

“(A) REQUIREMENTS.—After publication of the final compilation required by paragraph (1), the Secretary shall issue either Federal regulations, as part of the final rule required under section 5403(b) of the National Defense Authorization Act for Fiscal Year 2023 or as a separate rule, or a Federal Register notice soliciting public comment for at least 60 days, that establishes grant requirements, including the requirements that grantees must follow in order to qualify for expedited review and approval of a plan or substantial amendment required by subsection (c) of this section.

“(B) APPROVAL; DISAPPROVAL.—The Secretary shall approve or disapprove plans or substantial amendments of grantees that comply with the requirements for such expedited review within 45 days.

“(C) STANDARDIZATION.——The requirements for expedited review shall establish standard language for inclusion in action plans and substantial amendments under subsection (c) of this section and for establishing standardized programs and activities recognized by the Secretary.

“(D) APPLICABILITY OF GRANT REQUIREMENTS.—Compliance with the requirements for expedited review shall not exempt grantees from complying with grant requirements, including requirements for public comment, community citizen participation, and establishing and maintaining a public website.

“(E) REVISION.—The Secretary may revise the requirements for expedited review at any time after a public comment period of at least 60 days.

“(p) Definitions.—For purposes of this section:

“(1) GRANTEE.—The term ‘grantee’ means a recipient of funds made available under this section after its enactment.

“(2) SUBSTANTIALLY SIMILAR.—The term ‘substantially similar’ means, with respect to a plan, a plan previously approved by the Department, administered successfully by the grantee, and relating to disasters of the same type.

“SEC. 124. Community development block grant declared disaster recovery fund.

“(a) Establishment.—There is established in the Treasury of the United States an account to be known as the Community Development Block Grant Declared Disaster Recovery Fund (in this section referred to as the ‘Fund’).

“(b) Amounts.—The Fund shall consist of any amounts appropriated to or deposited into the Fund, including amounts deposited into the Fund pursuant to section 123.

“(c) Use.—Amounts in the Fund shall be available, pursuant to the occurrence of a major disaster declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, only for providing technical assistance and capacity building in connection with section 123 for grantees under such section that have been allocated assistance under such section in connection with such disaster to facilitate planning required under such section and increase capacity to administer assistance provided under such section, including for technical assistance and training building and fire officials, builders, contractors and subcontractors, architects, and other design and construction professionals regarding the latest published editions of national consensus-based codes, specifications, and standards (as such term is defined in section 123(e)(7)).”.

(b) Regulations.—

(1) PROPOSED RULE.—Not later than the expiration of the 12-month period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall issue proposed rules to carry out sections 123 and 124 of the Housing and Community Development Act of 1974, as added by the amendment made by subsection (a) of this section, and shall provide a 60-day period for submission of public comments on such proposed rule.

(2) FINAL RULE.—Not later than the expiration of the 24-month period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development, in consultation with the Administrator of the Federal Emergency Management Agency, shall issue final regulations to carry out sections 123 and 124 of the Housing and Community Development Act of 1974, as added by the amendment made by subsection (a) of this section.

SEC. 5461. Short title; table of contents; purpose.

(a) Short title.—This subtitle may be cited as the “Secure And Fair Enforcement Banking Act of 2022” or the “SAFE Banking Act of 2022”.

(b) Table of contents.—The table of contents for this subtitle is as follows:

Subtitle B—SAFE Banking

Sec. 5461. Short title; table of contents; purpose.
Sec. 5462. Safe harbor for depository institutions.
Sec. 5463. Protections for ancillary businesses.
Sec. 5464. Protections under Federal law.
Sec. 5465. Rules of construction.
Sec. 5466. Requirements for filing suspicious activity reports.
Sec. 5467. Guidance and examination procedures.
Sec. 5468. Annual diversity and inclusion report.
Sec. 5469. GAO study on diversity and inclusion.
Sec. 5470. GAO study on effectiveness of certain reports on finding certain persons.
Sec. 5471. Application of this subtitle with respect to hemp-related legitimate businesses and hemp-related service providers.
Sec. 5472. Banking services for hemp-related legitimate businesses and hemp-related service providers.
Sec. 5473. Requirements for deposit account termination requests and orders.
Sec. 5474. Definitions.
Sec. 5475. Discretionary surplus funds.

(c) Purpose.—The purpose of this subtitle is to increase public safety by ensuring access to financial services to cannabis-related legitimate businesses and service providers and reducing the amount of cash at such businesses.

SEC. 5462. Safe harbor for depository institutions.

(a) In general.—A Federal banking regulator may not—

(1) terminate or limit the deposit insurance or share insurance of a depository institution under the Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.), the Federal Credit Union Act (12 U.S.C. 1751 et seq.), or take any other adverse action against a depository institution under section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818) solely because the depository institution provides or has provided financial services to a cannabis-related legitimate business or service provider;

(2) prohibit, penalize, or otherwise discourage a depository institution from providing financial services to a cannabis-related legitimate business or service provider or to a State, political subdivision of a State, or Indian Tribe that exercises jurisdiction over cannabis-related legitimate businesses;

(3) recommend, incentivize, or encourage a depository institution not to offer financial services to an account holder, or to downgrade or cancel the financial services offered to an account holder solely because—

(A) the account holder is a cannabis-related legitimate business or service provider, or is an employee, owner, or operator of a cannabis-related legitimate business or service provider;

(B) the account holder later becomes an employee, owner, or operator of a cannabis-related legitimate business or service provider; or

(C) the depository institution was not aware that the account holder is an employee, owner, or operator of a cannabis-related legitimate business or service provider;

(4) take any adverse or corrective supervisory action on a loan made to—

(A) a cannabis-related legitimate business or service provider, solely because the business is a cannabis-related legitimate business or service provider;

(B) an employee, owner, or operator of a cannabis-related legitimate business or service provider, solely because the employee, owner, or operator is employed by, owns, or operates a cannabis-related legitimate business or service provider, as applicable; or

(C) an owner or operator of real estate or equipment that is leased to a cannabis-related legitimate business or service provider, solely because the owner or operator of the real estate or equipment leased the equipment or real estate to a cannabis-related legitimate business or service provider, as applicable; or

(5) prohibit or penalize a depository institution (or entity performing a financial service for or in association with a depository institution) for, or otherwise discourage a depository institution (or entity performing a financial service for or in association with a depository institution) from, engaging in a financial service for a cannabis-related legitimate business or service provider.

(b) Safe harbor applicable to de novo institutions.—Subsection (a) shall apply to an institution applying for a depository institution charter to the same extent as such subsection applies to a depository institution.

SEC. 5463. Protections for ancillary businesses.

For the purposes of sections 1956 and 1957 of title 18, United States Code, and all other provisions of Federal law, the proceeds from a transaction involving activities of a cannabis-related legitimate business or service provider shall not be considered proceeds from an unlawful activity solely because—

(1) the transaction involves proceeds from a cannabis-related legitimate business or service provider; or

(2) the transaction involves proceeds from—

(A) cannabis-related activities described in section 5474(4)(B) conducted by a cannabis-related legitimate business; or

(B) activities described in section 5474(13)(A) conducted by a service provider.

SEC. 5464. Protections under Federal law.

(a) In general.—With respect to providing a financial service to a cannabis-related legitimate business (where such cannabis-related legitimate business operates within a State, political subdivision of a State, or Indian country that allows the cultivation, production, manufacture, sale, transportation, display, dispensing, distribution, or purchase of cannabis pursuant to a law or regulation of such State, political subdivision, or Indian Tribe that has jurisdiction over the Indian country, as applicable) or a service provider (wherever located), a depository institution, entity performing a financial service for or in association with a depository institution, or insurer that provides a financial service to a cannabis-related legitimate business or service provider, and the officers, directors, and employees of that depository institution, entity, or insurer may not be held liable pursuant to any Federal law or regulation—

(1) solely for providing such a financial service; or

(2) for further investing any income derived from such a financial service.

(b) Protections for Federal reserve banks and Federal Home Loan Banks.—With respect to providing a service to a depository institution that provides a financial service to a cannabis-related legitimate business (where such cannabis-related legitimate business operates within a State, political subdivision of a State, or Indian country that allows the cultivation, production, manufacture, sale, transportation, display, dispensing, distribution, or purchase of cannabis pursuant to a law or regulation of such State, political subdivision, or Indian Tribe that has jurisdiction over the Indian country, as applicable) or service provider (wherever located), a Federal reserve bank or Federal Home Loan Bank, and the officers, directors, and employees of the Federal reserve bank or Federal Home Loan Bank, may not be held liable pursuant to any Federal law or regulation—

(1) solely for providing such a service; or

(2) for further investing any income derived from such a service.

(c) Protections for insurers.—With respect to engaging in the business of insurance within a State, political subdivision of a State, or Indian country that allows the cultivation, production, manufacture, sale, transportation, display, dispensing, distribution, or purchase of cannabis pursuant to a law or regulation of such State, political subdivision, or Indian Tribe that has jurisdiction over the Indian country, as applicable, an insurer that engages in the business of insurance with a cannabis-related legitimate business or service provider or who otherwise engages with a person in a transaction permissible under State law related to cannabis, and the officers, directors, and employees of that insurer may not be held liable pursuant to any Federal law or regulation—

(1) solely for engaging in the business of insurance; or

(2) for further investing any income derived from the business of insurance.

(d) Forfeiture.—

(1) DEPOSITORY INSTITUTIONS.—A depository institution that has a legal interest in the collateral for a loan or another financial service provided to an owner, employee, or operator of a cannabis-related legitimate business or service provider, or to an owner or operator of real estate or equipment that is leased or sold to a cannabis-related legitimate business or service provider, shall not be subject to criminal, civil, or administrative forfeiture of that legal interest pursuant to any Federal law for providing such loan or other financial service.

(2) FEDERAL RESERVE BANKS AND FEDERAL HOME LOAN BANKS.—A Federal reserve bank or Federal Home Loan Bank that has a legal interest in the collateral for a loan or another financial service provided to a depository institution that provides a financial service to a cannabis-related legitimate business or service provider, or to an owner or operator of real estate or equipment that is leased or sold to a cannabis-related legitimate business or service provider, shall not be subject to criminal, civil, or administrative forfeiture of that legal interest pursuant to any Federal law for providing such loan or other financial service.

SEC. 5465. Rules of construction.

(a) No requirement to provide financial services.—Nothing in this subtitle shall require a depository institution, entity performing a financial service for or in association with a depository institution, or insurer to provide financial services to a cannabis-related legitimate business, service provider, or any other business.

(b) General examination, supervisory, and enforcement authority.—Nothing in this subtitle may be construed in any way as limiting or otherwise restricting the general examination, supervisory, and enforcement authority of the Federal banking regulators, provided that the basis for any supervisory or enforcement action is not the provision of financial services to a cannabis-related legitimate business or service provider.

(c) Business of insurance.—Nothing in this subtitle shall interfere with the regulation of the business of insurance in accordance with the Act of March 9, 1945 (59 Stat. 33, chapter 20; 15 U.S.C. 1011 et seq.) (commonly known as the “McCarran-Ferguson Act”) and the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301 et seq.).

SEC. 5466. Requirements for filing suspicious activity reports.

Section 5318(g) of title 31, United States Code, is amended by adding at the end the following:

“(5) REQUIREMENTS FOR CANNABIS-RELATED LEGITIMATE BUSINESSES.—

“(A) IN GENERAL.—With respect to a financial institution or any director, officer, employee, or agent of a financial institution that reports a suspicious transaction pursuant to this subsection, if the reason for the report relates to a cannabis-related legitimate business or service provider, the report shall comply with appropriate guidance issued by the Financial Crimes Enforcement Network. Not later than the end of the 180-day period beginning on the date of enactment of this paragraph, the Secretary shall update the February 14, 2014, guidance titled ‘BSA Expectations Regarding Marijuana-Related Businesses’ (FIN–2014–G001) to ensure that the guidance is consistent with the purpose and intent of the SAFE Banking Act of 2022 and does not significantly inhibit the provision of financial services to a cannabis-related legitimate business or service provider in a State, political subdivision of a State, or Indian country that has allowed the cultivation, production, manufacture, transportation, display, dispensing, distribution, sale, or purchase of cannabis pursuant to law or regulation of such State, political subdivision, or Indian Tribe that has jurisdiction over the Indian country.

“(B) DEFINITIONS.—For purposes of this paragraph:

“(i) CANNABIS.—The term ‘cannabis’ has the meaning given the term ‘marihuana’ in section 102 of the Controlled Substances Act (21 U.S.C. 802).

“(ii) CANNABIS-RELATED LEGITIMATE BUSINESS.—The term ‘cannabis-related legitimate business’ has the meaning given that term in section 5474 of the SAFE Banking Act of 2022.

“(iii) INDIAN COUNTRY.—The term ‘Indian country’ has the meaning given that term in section 1151 of title 18.

“(iv) INDIAN TRIBE.—The term ‘Indian Tribe’ has the meaning given that term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).

“(v) FINANCIAL SERVICE.—The term ‘financial service’ has the meaning given that term in section 5474 of the SAFE Banking Act of 2022.

“(vi) SERVICE PROVIDER.—The term ‘service provider’ has the meaning given that term in section 5474 of the SAFE Banking Act of 2022.

“(vii) STATE.—The term ‘State’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.”.

SEC. 5467. Guidance and examination procedures.

Not later than 180 days after the date of enactment of this Act, the Financial Institutions Examination Council shall develop uniform guidance and examination procedures for depository institutions that provide financial services to cannabis-related legitimate businesses and service providers.

SEC. 5468. Annual diversity and inclusion report.

The Federal banking regulators shall issue an annual report to Congress containing—

(1) information and data on the availability of access to financial services for minority-owned and women-owned cannabis-related legitimate businesses; and

(2) any regulatory or legislative recommendations for expanding access to financial services for minority-owned and women-owned cannabis-related legitimate businesses.

SEC. 5469. GAO study on diversity and inclusion.

(a) Study.—The Comptroller General of the United States shall carry out a study on the barriers to marketplace entry, including in the licensing process, and the access to financial services for potential and existing minority-owned and women-owned cannabis-related legitimate businesses.

(b) Report.—The Comptroller General shall issue a report to the Congress—

(1) containing all findings and determinations made in carrying out the study required under subsection (a); and

(2) containing any regulatory or legislative recommendations for removing barriers to marketplace entry, including in the licensing process, and expanding access to financial services for potential and existing minority-owned and women-owned cannabis-related legitimate businesses.

SEC. 5470. GAO study on effectiveness of certain reports on finding certain persons.

Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall carry out a study on the effectiveness of reports on suspicious transactions filed pursuant to section 5318(g) of title 31, United States Code, at finding individuals or organizations suspected or known to be engaged with transnational criminal organizations and whether any such engagement exists in a State, political subdivision, or Indian Tribe that has jurisdiction over Indian country that allows the cultivation, production, manufacture, sale, transportation, display, dispensing, distribution, or purchase of cannabis. The study shall examine reports on suspicious transactions as follows:

(1) During the period of 2014 until the date of the enactment of this Act, reports relating to marijuana-related businesses.

(2) During the 1-year period after date of the enactment of this Act, reports relating to cannabis-related legitimate businesses.

SEC. 5471. Application of this subtitle with respect to hemp-related legitimate businesses and hemp-related service providers.

(a) In general.—The provisions of this subtitle (other than sections 5466 and 5470) shall apply with respect to hemp-related legitimate businesses and hemp-related service providers in the same manner as such provisions apply with respect to cannabis-related legitimate businesses and service providers.

(b) Definitions.—In this section:

(1) CBD.—The term “CBD” means cannabidiol.

(2) HEMP.—The term “hemp” has the meaning given that term under section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o).

(3) HEMP-RELATED LEGITIMATE BUSINESS.—The term “hemp-related legitimate business” means a manufacturer, producer, or any person or company that—

(A) engages in any activity described in subparagraph (B) in conformity with the Agricultural Improvement Act of 2018 (Public Law 115–334) and the regulations issued to implement such Act by the Department of Agriculture, where applicable, and the law of a State or political subdivision thereof or Indian Tribe; and

(B) participates in any business or organized activity that involves handling hemp, hemp-derived CBD products, and other hemp-derived cannabinoid products, including cultivating, producing, extracting, manufacturing, selling, transporting, displaying, dispensing, distributing, or purchasing hemp, hemp-derived CBD products, and other hemp-derived cannabinoid products.

(4) HEMP-RELATED SERVICE PROVIDER.—The term “hemp-related service provider”—

(A) means a business, organization, or other person that—

(i) sells goods or services to a hemp-related legitimate business; or

(ii) provides any business services, including the sale or lease of real or any other property, legal or other licensed services, or any other ancillary service, relating to hemp, hemp-derived CBD products, or other hemp-derived cannabinoid products; and

(B) does not include a business, organization, or other person that participates in any business or organized activity that involves handling hemp, hemp-derived CBD products, or other hemp-derived cannabinoid products, including cultivating, producing, manufacturing, selling, transporting, displaying, dispensing, distributing, or purchasing hemp, hemp-derived CBD products, and other hemp-derived cannabinoid products.

SEC. 5472. Banking services for hemp-related legitimate businesses and hemp-related service providers.

(a) Findings.—The Congress finds that—

(1) the Agriculture Improvement Act of 2018 (Public Law 115–334) legalized hemp by removing it from the definition of “marihuana” under the Controlled Substances Act;

(2) despite the legalization of hemp, some hemp businesses (including producers, manufacturers, and retailers) continue to have difficulty gaining access to banking products and services; and

(3) businesses involved in the sale of hemp-derived CBD products are particularly affected, due to confusion about the legal status of such products.

(b) Federal banking regulators’ hemp banking guidance.—Not later than the end of the 90-day period beginning on the date of enactment of this Act, the Federal banking regulators shall update their existing guidance, as applicable, regarding the provision of financial services to hemp-related legitimate businesses and hemp-related service providers to address—

(1) compliance with financial institutions’ existing obligations under Federal laws and implementing regulations determined relevant by the Federal banking regulators, including subchapter II of chapter 53 of title 31, United States Code, and its implementing regulation in conformity with this subtitle and the Department of Agriculture’s rules regulating domestic hemp production (7 CFR 990); and

(2) best practices for financial institutions to follow when providing financial services, including processing payments, to hemp-related legitimate businesses and hemp-related service providers.

(1) FINANCIAL INSTITUTION.—The term “financial institution”—

(A) has the meaning given that term under section 5312(a) of title 31, United States Code; and

(B) includes a bank holding company, as defined under section 2(a) of the Bank Holding Company Act of 1956 (12 U.S.C. 1841(a)).

(2) HEMP TERMS.—The terms “CBD”, “hemp”, “hemp-related legitimate business”, and “hemp-related service provider” have the meaning given those terms, respectively, under section 5471.

SEC. 5473. Requirements for deposit account termination requests and orders.

(a) Termination requests or orders must be valid.—

(1) IN GENERAL.—An appropriate Federal banking agency may not formally or informally request or order a depository institution to terminate a specific customer account or group of customer accounts or to otherwise restrict or discourage a depository institution from entering into or maintaining a banking relationship with a specific customer or group of customers unless—

(A) the agency has a valid reason for such request or order; and

(B) such reason is not based solely on reputation risk.

(2) TREATMENT OF NATIONAL SECURITY THREATS.—If an appropriate Federal banking agency believes a specific customer or group of customers is, or is acting as a conduit for, an entity which—

(A) poses a threat to national security;

(B) is involved in terrorist financing;

(C) is an agency of the Government of Iran, North Korea, Syria, or any country listed from time to time on the State Sponsors of Terrorism list;

(D) is located in, or is subject to the jurisdiction of, any country specified in subparagraph (C); or

(E) does business with any entity described in subparagraph (C) or (D), unless the appropriate Federal banking agency determines that the customer or group of customers has used due diligence to avoid doing business with any entity described in subparagraph (C) or (D),

such belief shall satisfy the requirement under paragraph (1).

(b) Notice requirement.—

(1) IN GENERAL.—If an appropriate Federal banking agency formally or informally requests or orders a depository institution to terminate a specific customer account or a group of customer accounts, the agency shall—

(A) provide such request or order to the institution in writing; and

(B) accompany such request or order with a written justification for why such termination is needed, including any specific laws or regulations the agency believes are being violated by the customer or group of customers, if any.

(2) JUSTIFICATION REQUIREMENT.—A justification described under paragraph (1)(B) may not be based solely on the reputation risk to the depository institution.

(1) NOTICE REQUIRED.—Except as provided under paragraph (2) or as otherwise prohibited from being disclosed by law, if an appropriate Federal banking agency orders a depository institution to terminate a specific customer account or a group of customer accounts, the depository institution shall inform the specific customer or group of customers of the justification for the customer’s account termination described under subsection (b).

(2) NOTICE PROHIBITED.—

(A) NOTICE PROHIBITED IN CASES OF NATIONAL SECURITY.—If an appropriate Federal banking agency requests or orders a depository institution to terminate a specific customer account or a group of customer accounts based on a belief that the customer or customers pose a threat to national security, or are otherwise described under subsection (a)(2), neither the depository institution nor the appropriate Federal banking agency may inform the customer or customers of the justification for the customer’s account termination.

(B) NOTICE PROHIBITED IN OTHER CASES.—If an appropriate Federal banking agency determines that the notice required under paragraph (1) may interfere with an authorized criminal investigation, neither the depository institution nor the appropriate Federal banking agency may inform the specific customer or group of customers of the justification for the customer’s account termination.

(d) Reporting requirement.—Each appropriate Federal banking agency shall issue an annual report to the Congress stating—

(1) the aggregate number of specific customer accounts that the agency requested or ordered a depository institution to terminate during the previous year; and

(2) the legal authority on which the agency relied in making such requests and orders and the frequency on which the agency relied on each such authority.

(e) Definitions.—For purposes of this section:

(1) APPROPRIATE FEDERAL BANKING AGENCY.—The term “appropriate Federal banking agency” means—

(A) the appropriate Federal banking agency, as defined under section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); and

(B) the National Credit Union Administration, in the case of an insured credit union.

(2) DEPOSITORY INSTITUTION.—The term “depository institution” means—

(A) a depository institution, as defined under section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); and

(B) an insured credit union.

SEC. 5474. Definitions.

In this subtitle:

(1) BUSINESS OF INSURANCE.—The term “business of insurance” has the meaning given such term in section 1002 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5481).

(2) CANNABIS.—The term “cannabis” has the meaning given the term “marihuana” in section 102 of the Controlled Substances Act (21 U.S.C. 802).

(3) CANNABIS PRODUCT.—The term “cannabis product” means any article which contains cannabis, including an article which is a concentrate, an edible, a tincture, a cannabis-infused product, or a topical.

(4) CANNABIS-RELATED LEGITIMATE BUSINESS.—The term “cannabis-related legitimate business” means a manufacturer, producer, or any person or company that—

(A) engages in any activity described in subparagraph (B) pursuant to a law established by a State or a political subdivision of a State, as determined by such State or political subdivision; and

(B) participates in any business or organized activity that involves handling cannabis or cannabis products, including cultivating, producing, manufacturing, selling, transporting, displaying, dispensing, distributing, or purchasing cannabis or cannabis products.

(5) DEPOSITORY INSTITUTION.—The term “depository institution” means—

(A) a depository institution as defined in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c));

(B) a Federal credit union as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752); or

(6) FEDERAL BANKING REGULATOR.—The term “Federal banking regulator” means each of the Board of Governors of the Federal Reserve System, the Bureau of Consumer Financial Protection, the Federal Deposit Insurance Corporation, the Federal Housing Finance Agency, the Financial Crimes Enforcement Network, the Office of Foreign Asset Control, the Office of the Comptroller of the Currency, the National Credit Union Administration, the Department of the Treasury, or any Federal agency or department that regulates banking or financial services, as determined by the Secretary of the Treasury.

(7) FINANCIAL SERVICE.—The term “financial service”—

(A) means a financial product or service, as defined in section 1002 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5481), regardless if the customer receiving the product or service is a consumer or commercial entity;

(B) means a financial product or service, or any combination of products and services, permitted to be provided by—

(i) a national bank or a financial subsidiary pursuant to the authority provided under—

(I) the provision designated “Seventh” of section 5136 of the Revised Statutes of the United States (12 U.S.C. 24); or

(II) section 5136A of the Revised Statutes of the United States (12 U.S.C. 24a); and

(ii) a Federal credit union, pursuant to the authority provided under the Federal Credit Union Act;

(D) includes, whether performed directly or indirectly, the authorizing, processing, clearing, settling, billing, transferring for deposit, transmitting, delivering, instructing to be delivered, reconciling, collecting, or otherwise effectuating or facilitating of payments or funds, where such payments or funds are made or transferred by any means, including by the use of credit cards, debit cards, other payment cards, or other access devices, accounts, original or substitute checks, or electronic funds transfers;

(E) includes acting as a money transmitting business which directly or indirectly makes use of a depository institution in connection with effectuating or facilitating a payment for a cannabis-related legitimate business or service provider in compliance with section 5330 of title 31, United States Code, and any applicable State law; and

(F) includes acting as an armored car service for processing and depositing with a depository institution or a Federal reserve bank with respect to any monetary instruments (as defined under section 1956(c)(5) of title 18, United States Code.

(8) INDIAN COUNTRY.—The term “Indian country” has the meaning given that term in section 1151 of title 18.

(9) INDIAN TRIBE.—The term “Indian Tribe” has the meaning given that term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).

(10) INSURER.—The term “insurer” has the meaning given that term under section 313(r) of title 31, United States Code.

(11) MANUFACTURER.—The term “manufacturer” means a person who manufactures, compounds, converts, processes, prepares, or packages cannabis or cannabis products.

(12) PRODUCER.—The term “producer” means a person who plants, cultivates, harvests, or in any way facilitates the natural growth of cannabis.

(13) SERVICE PROVIDER.—The term “service provider”—

(A) means a business, organization, or other person that—

(i) sells goods or services to a cannabis-related legitimate business; or

(ii) provides any business services, including the sale or lease of real or any other property, legal or other licensed services, or any other ancillary service, relating to cannabis; and

(B) does not include a business, organization, or other person that participates in any business or organized activity that involves handling cannabis or cannabis products, including cultivating, producing, manufacturing, selling, transporting, displaying, dispensing, distributing, or purchasing cannabis or cannabis products.

(14) STATE.—The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.

SEC. 5475. Discretionary surplus funds.

Section 7(a)(3)(A) of the Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is amended by reducing the dollar figure by $6,000,000.

SEC. 5501. Ysleta del Sur Pueblo and Alabama-Coushatta Tribes of Texas Equal and Fair Opportunity amendment.

The Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act (Public Law 100–89; 101 Stat. 666) is amended by adding at the end the following:

“SEC. 301. Rule of construction.

“Nothing in this Act shall be construed to preclude or limit the applicability of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).”.

SEC. 5502. Inclusion of Commonwealth of the Northern Mariana Islands and American Samoa.

The Wagner-Peyser Act is amended—

(1) in section 2(5) (29 U.S.C. 49a(5)), by inserting “the Commonwealth of the Northern Mariana Islands, American Samoa,” after “Guam,”;

(2) in section 5(b)(1) (29 U.S.C. 49d(b)(1)), by inserting “the Commonwealth of the Northern Mariana Islands, and American Samoa,” after “Guam,”;

(3) in section 6(a) (29 U.S.C. 49e(a))—

(A) by inserting “, the Commonwealth of the Northern Mariana Islands, and American Samoa” after “except for Guam”;

(B) by striking “allot to Guam” and inserting the following: “allot to—

“(1) Guam”;

(D) by adding at the end the following:

“(2) the Commonwealth of the Northern Mariana Islands and American Samoa an amount which, in relation to the total amount available for the fiscal year, is equal to the allotment percentage that Guam received of amounts available under this Act in fiscal year 1983.”; and

(4) in section 6(b)(1) (29 U.S.C. 49e(b)(1)), in the matter following subparagraph (B), by inserting “, the Commonwealth of the Northern Mariana Islands, American Samoa,” after “does not include Guam”.

SEC. 5503. Amendments to 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. 5504. Brennan Reef.

(a) Designation.—The reef described in subsection (b) 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.

(b) Reef described.—The reef referred to in subsection (a) is—

(1) between San Miguel and Santa Rosa Islands on the north side of the San Miguel Passage in the Channel Island National Marine Sanctuary; and

(2) centered at 34 degrees 03.12 minutes North, 120 degrees 15.95 minutes West.

(c) References.—Any reference in any law, regulation, document, record, map, or other paper of the United States to the reef described in subsection (b) is deemed to be a reference to Brennan Reef.

SEC. 5505. Establishment of Fund.

(a) Establishment.—Not later than 180 days after the date of enactment of this section, the Secretary shall enter into a cooperative agreement with the Foundation to establish the Community Resilience and Restoration Fund at the Foundation to—

(1) improve community safety in the face of climactic extremes through conservation and protection of restoration and resilience lands;

(2) to protect, conserve, and restore restoration and resilience lands in order to help communities respond and adapt to natural threats, including wildfire, drought, extreme heat, and other threats posed or exacerbated by the impacts of global climate;

(3) to build the resilience of restoration and resilience lands to adapt to, recover from, and withstand natural threats, including wildfire, drought, extreme heat, and other threats posed or exacerbated by the impacts of global climate change;

(4) to protect and enhance the biodiversity of wildlife populations across restoration and resilience lands;

(5) to support the health of restoration and resilience lands for the benefit of present and future generations;

(6) to foster innovative, nature-based solutions that help meet the goals of this section; and

(7) to enhance the nation’s natural carbon sequestration capabilities and help communities strengthen natural carbon sequestration capacity where applicable.

(b) Management of the Fund.—The Foundation shall manage the Fund—

(1) pursuant to the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.); and

(2) in such a manner that, to the greatest extent practicable and consistent with the purposes for which the Fund is established—

(A) ensures that amounts made available through the Fund are accessible to historically underserved communities, including Tribal communities, communities of color, and rural communities; and

(B) avoids project selection and funding overlap with those projects and activities that could otherwise receive funding under—

(i) the National Oceans and Coastal Security Fund, established under the National Oceans and Coastal Security Act (16 U.S.C. 7501); or

(ii) other coastal management focused programs.

(1) IN GENERAL.—To the extent amounts are available in the Fund, the Foundation shall award grants to eligible entities through a competitive grant process in accordance with procedures established pursuant to the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.) to carry out eligible projects and activities, including planning eligible projects and activities.

(2) PROPOSALS.—The Foundation, in coordination with the Secretary, shall establish requirements for proposals for competitive grants under this section.

(d) Use of Amounts in the Fund.—

(1) PLANNING.—Not less than 8 percent of amounts appropriated annually to the Fund may be used to plan eligible projects and activities, including capacity building.

(2) ADMINISTRATIVE COSTS.—Not more than 4 percent of amounts appropriated annually to the Fund may be used by the Foundation for administrative expenses of the Fund or administration of competitive grants offered under the Fund.

(3) PRIORITY.—Not less than $10,000,000 shall be awarded annually to support eligible projects and activities for Indian Tribes.

(4) COORDINATION.—The Secretary and Foundation shall ensure, to the greatest extent practicable and through meaningful consultation, that input from Indian Tribes, including traditional ecological knowledge, is incorporated in the planning and execution of eligible projects and activities.

(e) Reports.—

(1) ANNUAL REPORTS.—Beginning at the end the first full fiscal year after the date of enactment of this section, and not later than 60 days after the end of each fiscal year in which amounts are deposited into the Fund, the Foundation shall submit to the Secretary a report on the operation of the Fund including—

(A) an accounting of expenditures made under the Fund, including leverage and match where applicable;

(B) an accounting of any grants made under the Fund, including a list of recipients and a brief description of each project and its purposes and goals; and

(C) measures and metrics to track benefits created by grants administered under the Fund, including enhanced biodiversity, water quality, natural carbon sequestration, and resilience.

(2) 5–YEAR REPORTS.—Not later than 90 days after the end of the fifth full fiscal year after the date of enactment of this section, and not later than 90 days after the end every fifth fiscal year thereafter, the Foundation shall submit to the Secretary a report containing—

(A) a description of any socioeconomic, biodiversity, community resilience, or climate resilience or mitigation (including natural carbon sequestration), impacts generated by projects funded by grants awarded by the Fund, including measures and metrics illustrating these impacts;

(B) a description of land health benefits derived from projects funded by grants awarded by the Fund, including an accounting of—

(i) lands treated for invasive species;

(ii) lands treated for wildfire threat reduction, including those treated with controlled burning or other natural fire-management techniques; and

(iii) lands restored either from wildfire or other forms or degradation, including over-grazing and sedimentation;

(D) best practices for other Federal agencies in the administration of funds intended for land and habitat restoration;

(E) information on the use and outcome of funds specifically set aside for planning and capacity building pursuant to section 6; and

(F) any other information that the Foundation considers relevant.

(3) SUBMISSION OF REPORTS TO CONGRESS.—Not later than 10 days after receiving a report under this section, the Secretary shall submit the report to the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate.

(4) AUTHORIZATION OF APPROPRIATIONS.—There is hereby authorized to be appropriated to the Fund $100,000,000 for each of fiscal years 2023 through 2028 to carry out this section.

(f) Definitions.—For purposes of this section:

(1) The term “eligible entity” means a Federal agency, State, the District of Columbia, a territory of the United States, a unit of local government, an Indian Tribe, a non-profit organization, or an accredited institution of higher education.

(2) The term “eligible projects and activities” means projects and activities carried out by an eligible entity on public lands, tribal lands, or private land, or any combination thereof, to further the purposes for which the Fund is established, including planning and capacity building and projects and activities carried out in coordination with Federal, State, or tribal departments or agencies, or any department or agency of a subdivision of a State.

(3) The term “Foundation” means the National Fish and Wildlife Foundation established under the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.).

(4) The term “Fund” means the Community Resilience and Restoration Fund established under subsection (a).

(5) The term “Indian Tribe” means the governing body of any individually identified and federally recognized Indian or Alaska Native Tribe, band, nation, pueblo, village, community, affiliated Tribal group, or component reservation in the list published pursuant to section 104(a) of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131(a)).

(6) The term “restoration and resilience lands” means fish, wildlife, and plant habitats, and other important natural areas in the United States, on public lands, private land (after obtaining proper consent from the landowner), or land of Indian Tribes, including grasslands, shrublands, prairies, chapparal lands, forest lands, deserts, and riparian or wetland areas within or adjacent to these ecosystems.

(7) The term “public lands” means lands owned or controlled by the United States.

(8) The term “Secretary” means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service.

(9) The term “State” means a State of the United States, the District of Columbia, any Indian Tribe, and any commonwealth, territory, or possession of the United States.

SEC. 5506. Leasing on the Outer Continental Shelf.

(a) Leasing Authorized.—Notwithstanding the Presidential Memorandum entitled “Memorandum on the Withdrawal of Certain Areas of the United States Outer Continental Shelf from Leasing Disposition” (issued September 8, 2020) and the Presidential Memorandum entitled “Presidential Determination on the Withdrawal of Certain Areas of the United States Outer Continental Shelf from Leasing Disposition” (issued September 25, 2020), the Secretary of the Interior is authorized to grant leases pursuant to section 8(p)(1)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(1)(C)) in the South Atlantic Planning Area, the Straits of Florida Planning Area, and the Mid Atlantic Planning Area designated by the Bureau of Ocean Energy Management as of September 25, 2020.

(b) Withdrawals.—Any Presidential withdrawal of an area of the Outer Continental Shelf from leasing under section 12(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1341(a)) issued after the date of enactment of this section shall apply only to leasing authorized under subsections (a) and (i) of section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a) and 1337(i)), unless the withdrawal explicitly applies to other leasing authorized under such Act.

SEC. 5507. Continental Divide National Scenic Trail.

(a) Completion of trail.—

(1) IN GENERAL.—Not later than November 10, 2028, the Secretary and the Secretary of the Interior shall, to the maximum extent practicable, ensure the completion of the Continental Divide National Scenic Trail as a contiguous route, consistent with the following provisions of the National Trails System Act:

(A) Section 3(a)(2) (16 U.S.C. 1242(a)(2)).

(B) Section 5(a)(5) (16 U.S.C. 1244(a)(5)).

(2) PRIORITY OF ACTIONS.—The Secretary and the Secretary of the Interior shall, to the maximum extent practicable, take necessary actions to achieve this goal, including the following steps, listed in order of priority:

(A) Complete the Continental Divide National Scenic Trail by acquiring land or an interest in land, or by encouraging States or local governments to enter into cooperative agreements to acquire interests in land, to eliminate gaps between sections of the Trail while maintaining the nature and purposes of the Trail.

(B) Optimize the Trail by relocating incompatible existing portions of the Trail on Federal land as necessary to provide for maximum outdoor recreation potential and for the conservation and enjoyment of the nationally significant scenic, historic, natural, or cultural qualities of the areas through which the Trail passes, consistent with the Trail’s nature and purposes.

(b) Trail completion team.—

(1) IN GENERAL.—In carrying out subsection (a), not later than 1 year after the date of the enactment of this section, the Secretary, in coordination with the Secretary of the Interior, shall establish a joint Forest Service and Bureau of Land Management trail completion team to work in coordination with the Trail Administrator to facilitate the completion and optimization of the Trail, pursuant to the purposes of section 3(a)(2) of the National Trails System Act (16 U.S.C. 1242(a)(2)) and the Trail’s nature and purposes.

(2) DUTIES OF THE TEAM.—The Team shall:

(A) Implement land and right-of-way acquisitions, relocations, and trail construction consistent with any Optimal Location Review for the trail, giving priority to land that—

(i) eliminates gaps between segments of the Trail;

(ii) may be acquired by the Secretary or the Secretary of the Interior by purchase from a willing seller, donation, exchange, or by cooperative agreement;

(iii) is best suited for inclusion in the Trail corridor in accordance with the purposes, policies, and provisions of the National Trails System Act (16 U.S.C. 1241 et seq.); and

(iv) has been identified as a segment of the Trail on Federal land that should be relocated to provide for maximum outdoor recreation potential and the conservation and enjoyment of the nationally significant scenic, historic, natural, or cultural qualities of the areas through which the Trail passes.

(B) Provide the necessary administrative and technical support to complete the Trail corridor under subsection (a).

(C) As appropriate, consult with other Federal agencies, Governors of affected States, Indian Tribes, Land Grants-Mercedes, Acequias, relevant landowners or land users of an acequia or land grant-merced, the Continental Divide Trail Coalition, and other volunteer and nonprofit organizations that assist in, or whose members may be affected by, the development, maintenance, and management of the Trail.

(D) Support the Secretary in the development of the acquisition and development plan under subsection (c) and annual reports under subsection (f).

(1) IN GENERAL.—Not later than 2 years after the establishment of the Team under subsection (b), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a comprehensive acquisition and development plan for the Trail.

(2) CONTENTS OF PLAN.—The comprehensive acquisition and development plan should—

(A) identify any gaps in the Trail where the Secretary and the Secretary of the Interior have not been able to acquire land or interests in land by purchase from a willing seller, by donation, by exchange, or by cooperative agreement;

(B) include a plan for closing such gaps by acquiring lands or interests in land; and

(d) Method of acquisition.—In carrying out this section, the Secretary and the Secretary of the Interior—

(1) may acquire land only by purchase from a willing seller with donated or appropriated funds, by donation, or by exchange; and

(2) may not acquire land by eminent domain.

(e) Maintaining existing partnerships.—In carrying out this section, the Secretary, the Secretary of the Interior, and the Team shall continue to maintain and develop working relationships with volunteer and nonprofit organizations that assist in the development, maintenance, and management of the Trail.

(f) Reports.—Not later than September 30, 2024, and at the close of each fiscal year until the acquisition and development plan is fully implemented, the Secretary shall report on the following, in writing, to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate:

(1) The progress in acquiring land or interests in land to complete the Trail consistent with this section.

(2) The amount of land or interests in land acquired during the fiscal year and the amount expended for such land or interests in land.

(3) The amount of land or interests in land planned for acquisition in the ensuing fiscal year and the estimated cost of such land or interests in land.

(4) The estimated amount of land or interests in land remaining to be acquired.

(5) The amount of existing Trail miles on Federal lands that need to be relocated to provide for maximum outdoor recreation potential and for conservation and enjoyment of the nationally significant scenic, historic, natural, or cultural qualities of the areas through which the Trail passes.

(g) Definitions.—In this section:

(1) ACEQUIA.—The term “acequia” has the meaning of the term “community ditch” as such term is defined under section 73-2-27 of the New Mexico Statutes.

(2) LAND GRANT-MERCED.—The term “land grant-merced” means a community land grant issued under the laws or customs of the Government of Spain or Mexico that is recognized under chapter 49 of the New Mexico Statutes (or a successor statute).

(3) OPTIMAL LOCATION REVIEW.—The term “Optimal Location Review” means the procedures described in the Continental Divide National Scenic Trail Optimal Location Review Guide, dated November 2017.

(4) SECRETARY.—The term “Secretary” means the Secretary of Agriculture, acting through the Chief of the Forest Service.

(5) TEAM.—The term “Team” means the trail completion team established under subsection (b).

(6) TRAIL.—The term “Trail” means the Continental Divide National Scenic Trail established by section 5 of the National Trails System Act (16 U.S.C. 1244).

SEC. 5508. Sacramento-San Joaquin Delta National Heritage Area.

Section 6001(a)(4)(A) of the John D. Dingell, Jr. Conservation, Management, and Recreation Act (Public Law 116–9) is amended by adding at the end the following: “In addition, the Sacramento-San Joaquin Delta National Heritage Area shall include the area depicted as ‘Rio Vista/Expansion Area’ on the map entitled ‘Sacramento-San Joaquin Delta National Heritage Area Proposed Boundary Expansion’ and dated February 2021.”.

SEC. 5509. New York-New Jersey Watershed Protection.

(a) Program establishment.—

(1) ESTABLISHMENT.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a nonregulatory program to be known as the “New York-New Jersey Watershed Restoration Program”.

(2) DUTIES.—In carrying out the program, the Secretary shall—

(A) draw on existing and new approved plans for the Watershed, or portions of the Watershed, and work in consultation with applicable management entities, including representatives of the New York-New Jersey Harbor and Estuary Program (HEP), Hudson River Estuary Program, Mohawk River Basin Program, Sustainable Raritan River Initiative, the Federal Government, and other State and local governments, and regional and nonprofit organizations, as appropriate, to identify, prioritize, and implement restoration and protection activities within the Watershed; and

(B) adopt a Watershed-wide strategy that—

(i) supports the implementation of a shared set of science-based restoration and protection activities developed in accordance with subparagraph (A);

(ii) targets cost-effective projects with measurable results;

(iii) maximizes conservation outcomes;

(iv) prioritizes the needs of communities lacking in environmental justice; and

(v) establishes the voluntary grant and technical assistance programs authorized in this section.

(3) CONSULTATION.—In establishing the program, the Secretary shall, as appropriate—

(A) consult with—

(i) the heads of Federal agencies, including—

(I) the Administrator of the Environmental Protection Agency;

(II) the Administrator of the National Oceanic and Atmospheric Administration;

(III) the Secretary of Agriculture; and

(IV) the Director of the National Park Service; and

(ii) Indian Tribes; and

(B) coordinate with —

(i) the Governors of New York and New Jersey and the Commissioner of the New York State Department of Environmental Conservation and the Director of the New Jersey Division of Fish and Wildlife;

(ii) the New York-New Jersey Harbor & Estuary Program; and

(iii) other public agencies and organizations with authority for the planning and implementation of conservation strategies in the Watershed.

(4) PURPOSES.—The purposes of the program include—

(A) coordinating restoration and protection activities among Federal, State, local, and regional entities and conservation partners throughout the Watershed;

(B) carrying out coordinated restoration and protection activities, and providing for technical assistance throughout the Watershed—

(i) to sustain and enhance fish and wildlife habitat restoration and protection activities;

(ii) to improve and maintain water quality to support fish, wildlife, and their habitat, as well as to improve opportunities for public access and recreation in the Watershed consistent with the ecological needs of fish and wildlife habitat;

(iii) to advance the use of natural and nature-based features, living shoreline, and other green infrastructure techniques to maximize the resilience of communities, natural systems, and habitats under changing sea levels, storm risks, and watershed conditions;

(iv) to engage the public, communities experiencing environmental injustice, through outreach, education, and community involvement to increase capacity and support for coordinated restoration and protection activities in the Watershed;

(v) to increase scientific capacity to support the planning, monitoring, and research activities necessary to carry out coordinated restoration and protection activities;

(vi) to provide for feasibility and planning studies for green infrastructure projects that achieve habitat restoration and stormwater management goals;

(vii) to support land conservation and management activities necessary to fulfill the Watershed-wide strategy adopted under subsection (a)(2)(B);

(viii) to provide technical assistance to carry out restoration and protection activities in the Watershed;

(ix) to monitor environmental quality to assess progress toward the goals of this section; and

(x) to improve fish and wildlife habitats, as well as opportunities for personal recreation, along rivers and shore fronts within communities lacking in environmental justice; and

(b) New York-New Jersey Watershed Restoration Grant Program.—

(1) ESTABLISHMENT.—The Secretary shall establish a voluntary grant and technical assistance program, to be known as the “New York-New Jersey Watershed Restoration Grant Program”, to provide competitive matching grants of varying amounts to State and local governments, nonprofit organizations, institutions of higher education, and other eligible entities to carry out activities described in subsection (a)(4).

(2) CRITERIA.—The Secretary, in consultation with the agencies, organizations, and other persons referred to in section 404(c), shall develop criteria for the grant program to help ensure that activities funded under this section accomplish one or more of the purposes identified in subsection (a)(4) and advance the implementation of priority actions or needs identified in the Watershed-wide strategy adopted under subsection (a)(2)(B).

(3) CAPACITY BUILDING.—The Secretary shall include grant program provisions designed to increase the effectiveness of organizations that work at the nexus of natural resource and community health issues within the New York-New Jersey Watershed by addressing organizational capacity needs.

(4) COST SHARING.—

(A) DEPARTMENT OF THE INTERIOR SHARE.—The Department of the Interior share of the cost of a project funded under the grant program shall not exceed 50 percent of the total cost of the activity, as determined by the Secretary.

(B) NON-DEPARTMENT OF THE INTERIOR SHARE.—The non-Department of the Interior share of the cost of a project funded under the grant program may be provided in cash or in the form of an in-kind contribution of services or materials.

(1) IN GENERAL.—The Secretary may enter into an agreement to manage the grant program with the National Fish and Wildlife Foundation or a similar organization that offers grant management services.

(2) FUNDING.—If the Secretary enters into an agreement under paragraph (A), the organization selected shall—

(A) for each fiscal year, receive amounts made available to carry out this section in an advance payment of the entire amounts on October 1 of that fiscal year, or as soon as practicable thereafter;

(B) invest and reinvest those amounts for the benefit of the grant program; and

(C) otherwise administer the grant program to support partnerships between the public and private sectors in accordance with this section.

(3) REQUIREMENTS.—If the Secretary enters into an agreement with the Foundation under subparagraph (A), any amounts received by the Foundation under this section shall be subject to the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.), excluding section 10(a) of that Act (16 U.S.C. 3709(a)).

(d) Annual reports.—Not later than 180 days after the date of enactment of this Act and annually thereafter, the Secretary shall submit to the Congress a report on the implementation of this section, including a description of each project that has received funding under this section in the preceding fiscal year.

(e) Prohibition on Federal land holdings.—The Federal Government may not maintain ownership of any land acquired under this section except for the purpose of promptly transferring ownership to a State or local entity.

(f) Sunset.—This section shall have no force or effect after September 30, 2030.

(g) Authorization of appropriations.—

(1) IN GENERAL.—There is authorized to be appropriated to the Secretary to carry out this section $20,000,000 for each of fiscal years 2023 through 2028, of which not more than 3 percent shall be used for administrative costs to carry out this section.

(2) USE FOR GRANT PROGRAM.—Of any amount made available under this section for each fiscal year, the Secretary shall use at least 75 percent to carry out the grant program under subsection (b) and to provide, or provide for, technical assistance under such program.

(h) Definitions.—In this section:

(1) APPROVED PLANS.—The term “approved plan”—

(A) means any plan for management of the New York-New Jersey Watershed—

(i) that has been approved by a Federal, regional, State, or local governmental entity, including State Wildlife Action Plans, Comprehensive Conservation Management Plans, Watershed Improvement Plans; or

(ii) that is determined by the Director, in consultation with such entities, to contribute to the achievement of the purposes of this section; and

(B) includes the New York-New Jersey Harbor & Estuary Program (HEP) Action Agenda, the Hudson Raritan Comprehensive Restoration Plan, the Hudson River Comprehensive Restoration Plan, the Hudson River Estuary Program Action Agenda, the Hudson River Park Trust Estuarine Sanctuary Management Plan, the Mohawk River Action Agenda, the Sustainable Raritan River Initiative Action Plan, the Lower Passaic and Bronx & Harlem Federal Urban Waters Partnership Workplans, the New Jersey Sports and Exhibition Authority Meadowlands Restoration Plan, as well as other critical conservation projects in the region that achieve the purposes of this section.

(2) DIRECTOR.—The term “Director” means the Director of the United States Fish and Wildlife Service.

(3) ENVIRONMENTAL JUSTICE.—The term “environmental justice” means the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.

(4) FOUNDATION.—The term “Foundation” means the National Fish and Wildlife Foundation.

(5) GRANT PROGRAM.—The term “grant program” means the voluntary New York-New Jersey Watershed Restoration Grant Program established under section 405.

(6) PROGRAM.—The term “program” means the New York-New Jersey Watershed Restoration Program established under section 404.

(7) RESTORATION AND PROTECTION.—The term “restoration and protection” means the conservation, stewardship, and enhancement of habitat for fish and wildlife and water quality to preserve and improve ecosystems and ecological processes on which they depend and for use and enjoyment by the public.

(8) SECRETARY.—The term “Secretary” means the Secretary of the Interior, acting through the Director.

(9) SERVICE.—The term “Service” means the United States Fish and Wildlife Service.

(10) WATERSHED.—The term “Watershed” means the New York-New Jersey Watershed, which is comprised of all land area whose surface water drains into New York-New Jersey Harbor, the waters contained within that land area, and the estuaries associated with those watersheds.

SEC. 5510. Authorization of appropriations for the National Maritime Heritage Grant Program.

Section 308703 of title 54, United States Code, is amended—

(1) in subsection (b)(1), by inserting “subsection (k) and” after “amounts for that purpose under”;

(2) in subsection (c)(1), by inserting “subsection (k) and” after “amounts for that purpose under”; and

(3) by adding at the end the following:

“(k) Authorization of appropriations.—There are hereby authorized to be appropriated to the Secretary $10,000,000 for each of fiscal years 2023 and 2024 to carry out this section.”.

SEC. 5511. Berryessa Snow Mountain National Monument Expansion.

(a) Definitions.—In this section:

(1) BOARD.—The term “Board” means the Board on Geographic Names established by section 2 of the Act of July 25, 1947 (61 Stat. 456, chapter 330; 43 U.S.C. 364a).

(2) MAP.—The term “Map” means the map entitled “Proposed Walker Ridge (Molok Luyuk) Addition Berryessa Snow Mountain National Monument” and dated October 26, 2021.

(3) MOLOK LUYUK.—The term “Molok Luyuk” means Condor Ridge (in the Patwin language).

(4) NATIONAL MONUMENT.—The term “National Monument” means the Berryessa Snow Mountain National Monument established by Presidential Proclamation 9298, dated July 10, 2015 (80 Fed. Reg. 41975), including all land, interests in the land, and objects on the land identified in that Presidential Proclamation.

(5) SECRETARY.—The term “Secretary” means the Secretary of the Interior.

(6) WALKER RIDGE (MOLOK LUYUK) ADDITION.—The term “Walker Ridge (Molok Luyuk) Addition” means the approximately 3,925 acres of Federal land (including any interests in, or objects on, the land) administered by the Bureau of Land Management in Lake County, California, and identified as “Proposed Walker Ridge (Molok Luyuk) Addition” on the Map.

(b) National monument expansion.—

(1) BOUNDARY MODIFICATION.—The boundary of the National Monument is modified to include the Walker Ridge (Molok Luyuk) Addition.

(2) MAP.—

(A) CORRECTIONS.—The Secretary may make clerical and typographical corrections to the Map.

(B) PUBLIC AVAILABILITY; EFFECT.—The Map and any corrections to the Map under subparagraph (A) shall—

(i) be publicly available on the website of the Bureau of Land Management; and

(ii) have the same force and effect as if included in this section.

(3) ADMINISTRATION.—Subject to valid existing rights, the Secretary shall administer the Walker Ridge (Molok Luyuk) Addition—

(A) as part of the National Monument;

(B) in accordance with Presidential Proclamation 9298, dated July 10, 2015 (80 Fed. Reg. 41975); and

(1) IN GENERAL.—Not later than 1 year after the date of the enactment of this section, the Secretary and the Secretary of Agriculture shall jointly develop a comprehensive management plan for the National Monument in accordance with, and in a manner that fulfills the purposes described in, Presidential Proclamation 9298, dated July 10, 2015 (80 Fed. Reg. 41975).

(2) TRIBAL CONSULTATION.—The Secretary and the Secretary of Agriculture shall consult with affected federally recognized Indian Tribes in—

(A) the development of the management plan under paragraph (1); and

(B) making management decisions relating to the National Monument.

(3) CONTINUED ENGAGEMENT WITH INDIAN TRIBES.—The management plan developed under paragraph (1) shall set forth parameters for continued meaningful engagement with affected federally recognized Indian Tribes in the implementation of the management plan.

(4) EFFECT.—Nothing in this section affects the conduct of fire mitigation or suppression activities at the National Monument, including through the use of existing agreements.

(d) Agreements and partnerships.—To the maximum extent practicable and in accordance with applicable laws, on request of an affected federally recognized Indian Tribe, the Secretary (acting through the Director of the Bureau of Land Management) and the Secretary of Agriculture (acting through the Chief of the Forest Service) shall enter into agreements, contracts, and other cooperative and collaborative partnerships with the federally recognized Indian Tribe regarding management of the National Monument under relevant Federal authority, including—

(1) the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.);

(2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);

(3) the Tribal Self-Governance Act of 1994 (25 U.S.C. 5361 et seq.);

(4) the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a et seq.);

(5) the good neighbor authority under section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a);

(6) Executive Order 13175 (25 U.S.C. 5301 note; relating to consultation and coordination with Indian Tribal governments);

(7) Secretarial Order 3342, issued by the Secretary on October 21, 2016 (relating to identifying opportunities for cooperative and collaborative partnerships with federally recognized Indian Tribes in the management of Federal lands and resources); and

(8) Joint Secretarial Order 3403, issued by the Secretary and the Secretary of Agriculture on November 15, 2021 (relating to fulfilling the trust responsibility to Indian Tribes in the stewardship of Federal lands and waters).

(e) Designation of Condor Ridge (Molok Luyuk) in Lake and Colusa Counties, California.—

(1) IN GENERAL.—The parcel of Federal land administered by the Bureau of Land Management located in Lake and Colusa Counties in the State of California and commonly referred to as “Walker Ridge” shall be known and designated as “Condor Ridge (Molok Luyuk)”.

(2) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the parcel of Federal land described in paragraph (1) shall be deemed to be a reference to “Condor Ridge (Molok Luyuk)”.

(3) MAP AND LEGAL DESCRIPTION.—

(A) PREPARATION.—

(i) INITIAL MAP.—The Board shall prepare a map and legal description of the parcel of Federal land designated by subsection (a).

(ii) CORRECTIONS.—The Board and the Director of the Bureau of Land Management may make clerical and typographical corrections to the map and legal description prepared under clause (i).

(B) CONSULTATION.—In preparing the map and legal description under subparagraph (A)(i), the Board shall consult with—

(i) the Director of the Bureau of Land Management; and

(ii) affected federally recognized Indian Tribes.

(C) PUBLIC AVAILABILITY; EFFECT.—The map and legal description prepared under subparagraph (A)(i) and any correction to the map or legal description made under subparagraph (A)(ii) shall—

(i) be publicly available on the website of the Board, the Bureau of Land Management, or both; and

(ii) have the same force and effect as if included in this section.

SEC. 5601. Short title.

This subtitle may be cited as the “Securing Inspector General Independence Act of 2022”.

SEC. 5602. Removal or transfer of inspectors general; placement on non-duty status.

(a) In general.—The Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1) in section 3(b)—

(A) by inserting “(1)(A)” after “(b)”;

(B) in paragraph (1), as so designated—

(i) in subparagraph (A), as so designated, in the second sentence—

(I) by striking “reasons” and inserting the following: “substantive rationale, including detailed and case-specific reasons,”; and

(II) by inserting “(including to the appropriate congressional committees)” after “Houses of Congress”; and

(ii) by adding at the end the following:

“(B) If there is an open or completed inquiry into an Inspector General that relates to the removal or transfer of the Inspector General under subparagraph (A), the written communication required under that subparagraph shall—

“(i) identify each entity that is conducting, or that conducted, the inquiry; and

“(ii) in the case of a completed inquiry, contain the findings made during the inquiry.”; and

“(2) (A) Subject to the other provisions of this paragraph, only the President may place an Inspector General on non-duty status.

“(B) If the President places an Inspector General on non-duty status, the President shall communicate in writing the substantive rationale, including detailed and case-specific reasons, for the change in status to both Houses of Congress (including to the appropriate congressional committees) not later than 15 days before the date on which the change in status takes effect, except that the President may submit that communication not later than the date on which the change in status takes effect if—

“(i) the President has made a determination that the continued presence of the Inspector General in the workplace poses a threat described in any of clauses (i) through (iv) of section 6329b(b)(2)(A) of title 5, United States Code; and

“(ii) in the communication, the President includes a report on the determination described in clause (i), which shall include—

“(I) a specification of which clause of section 6329b(b)(2)(A) of title 5, United States Code, the President has determined applies under clause (i) of this subparagraph;

“(II) the substantive rationale, including detailed and case-specific reasons, for the determination made under clause (i);

“(III) an identification of each entity that is conducting, or that conducted, any inquiry upon which the determination under clause (i) was made; and

“(IV) in the case of an inquiry described in subclause (III) that is completed, the findings made during that inquiry.

“(C) The President may not place an Inspector General on non-duty status during the 30-day period preceding the date on which the Inspector General is removed or transferred under paragraph (1)(A) unless the President—

“(i) has made a determination that the continued presence of the Inspector General in the workplace poses a threat described in any of clauses (i) through (iv) of section 6329b(b)(2)(A) of title 5, United States Code; and

“(ii) not later than the date on which the change in status takes effect, submits to both Houses of Congress (including to the appropriate congressional committees) a written communication that contains the information required under subparagraph (B), including the report required under clause (ii) of that subparagraph.

“(D) For the purposes of this paragraph—

“(i) the term ‘Inspector General’—

“(I) means an Inspector General who was appointed by the President, without regard to whether the Senate provided advice and consent with respect to that appointment; and

“(II) includes the Inspector General of an establishment, the Inspector General of the Intelligence Community, the Inspector General of the Central Intelligence Agency, 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 Inspector General of the Intelligence Community, a reference to section 103H(c)(4) of the National Security Act of 1947 (50 U.S.C. 3033(c)(4));

“(II) in the case of the Inspector General of the Central Intelligence Agency, a reference to section 17(b)(6) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3517(b)(6));

“(III) 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);

“(IV) in the case of the Special Inspector General for the Troubled Asset Relief Program, a reference to section 121(b)(4) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5231(b)(4)); and

“(V) 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)).”; and

(2) in section 8G(e)—

(A) in paragraph (1), by inserting “or placement on non-duty status” after “a removal”;

(B) in paragraph (2)—

(i) by inserting “(A)” after “(2)”;

(ii) in subparagraph (A), as so designated, in the first sentence—

(I) by striking “reasons” and inserting the following: “substantive rationale, including detailed and case-specific reasons,”; and

(II) by inserting “(including to the appropriate congressional committees)” after “Houses of Congress”; and

(iii) by adding at the end the following:

“(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

“(3) (A) Subject to the other provisions of this paragraph, only the head of the applicable designated Federal entity (referred to in this paragraph as the ‘covered official’) may place an Inspector General on non-duty status.

“(B) If a covered official places an Inspector General on non-duty status, the covered official shall communicate in writing the substantive rationale, including detailed and case-specific reasons, for the change in status to both Houses of Congress (including to the appropriate congressional committees) not later than 15 days before the date on which the change in status takes effect, except that the covered official may submit that communication not later than the date on which the change in status takes effect if—

“(i) the covered official has made a determination that the continued presence of the Inspector General in the workplace poses a threat described in any of clauses (i) through (iv) of section 6329b(b)(2)(A) of title 5, United States Code; and

“(ii) in the communication, the covered official includes a report on the determination described in clause (i), which shall include—

“(I) a specification of which clause of section 6329b(b)(2)(A) of title 5, United States Code, the covered official has determined applies under clause (i) of this subparagraph;

“(II) the substantive rationale, including detailed and case-specific reasons, for the determination made under clause (i);

“(III) an identification of each entity that is conducting, or that conducted, any inquiry upon which the determination under clause (i) was made; and

“(IV) in the case of an inquiry described in subclause (III) that is completed, the findings made during that inquiry.

“(C) A covered official may not place an Inspector General on non-duty status during the 30-day period preceding the date on which the Inspector General is removed or transferred under paragraph (2)(A) unless the covered official—

“(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.”.

(b) Technical and conforming amendment.—Section 12(3) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting “except as otherwise expressly provided,” before “the term”.

SEC. 5603. Vacancy in position of inspector general.

(a) In general.—Section 3 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following:

“(h) (1) In this subsection—

“(A) the term ‘first assistant to the position of Inspector General’ means, with respect to an Office of Inspector General—

“(i) an individual who, as of the day before the date on which the Inspector General dies, resigns, or otherwise becomes unable to perform the functions and duties of that position—

“(I) is serving in a position in that Office; and

“(II) has been designated in writing by the Inspector General, through an order of succession or otherwise, as the first assistant to the position of Inspector General; or

“(ii) if the Inspector General has not made a designation described in clause (i)(II)—

“(I) the Principal Deputy Inspector General of that Office, as of the day before the date on which the Inspector General dies, resigns, or otherwise becomes unable to perform the functions and duties of that position; or

“(II) if there is no Principal Deputy Inspector General of that Office, the Deputy Inspector General of that Office, as of the day before the date on which the Inspector General dies, resigns, or otherwise becomes unable to perform the functions and duties of that position; and

“(B) the term ‘Inspector General’—

“(i) means an Inspector General who is appointed by the President, by and with the advice and consent of the Senate; and

“(ii) includes the Inspector General of an establishment, the Inspector General of the Intelligence Community, the Inspector General of the Central Intelligence Agency, the Special Inspector General for the Troubled Asset Relief Program, and the Special Inspector General for Pandemic Recovery.

“(2) If an Inspector General dies, resigns, or is otherwise unable to perform the functions and duties of the position—

“(A) section 3345(a) of title 5, United States Code, and section 103(e) of the National Security Act of 1947 (50 U.S.C. 3025(e)) shall not apply;

“(B) subject to paragraph (4), the first assistant to the position of Inspector General shall perform the functions and duties of the Inspector General temporarily in an acting capacity subject to the time limitations of section 3346 of title 5, United States Code; and

“(C) notwithstanding subparagraph (B), and subject to paragraphs (4) and (5), the President (and only the President) may direct an officer or employee of any Office of an Inspector General to perform the functions and duties of the Inspector General temporarily in an acting capacity subject to the time limitations of section 3346 of title 5, United States Code, only if—

“(i) during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the Inspector General, the officer or employee served in a position in an Office of an Inspector General for not less than 90 days, except that—

“(I) the requirement under this clause shall not apply if the officer is an Inspector General; and

“(II) for the purposes of this subparagraph, performing the functions and duties of an Inspector General temporarily in an acting capacity does not qualify as service in a position in an Office of an Inspector General;

“(ii) the rate of pay for the position of the officer or employee described in clause (i) is equal to or greater than the minimum rate of pay payable for a position at GS–15 of the General Schedule;

“(iii) the officer or employee has demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations; and

“(iv) not later than 30 days before the date on which the direction takes effect, the President communicates in writing to both Houses of Congress (including to the appropriate congressional committees) the substantive rationale, including the detailed and case-specific reasons, for such direction, including the reason for the direction that someone other than the individual who is performing the functions and duties of the Inspector General temporarily in an acting capacity (as of the date on which the President issues that direction) perform those functions and duties temporarily in an acting capacity.

“(3) Notwithstanding section 3345(a) of title 5, United States Code, section 103(e) of the National Security Act of 1947 (50 U.S.C. 3025(e)), and subparagraphs (B) and (C) of paragraph (2), and subject to paragraph (4), during any period in which an Inspector General is on non-duty status—

“(A) the first assistant to the position of Inspector General shall perform the functions and duties of the position temporarily in an acting capacity subject to the time limitations of section 3346 of title 5, United States Code; and

“(B) if the first assistant described in subparagraph (A) dies, resigns, or becomes otherwise unable to perform those functions and duties, the President (and only the President) may direct an officer or employee in that Office of Inspector General to perform those functions and duties temporarily in an acting capacity, subject to the time limitations of section 3346 of title 5, United States Code, if—

“(i) that direction satisfies the requirements under clauses (ii), (iii), and (iv) of paragraph (2)(C); and

“(ii) that officer or employee served in a position in that Office of Inspector General for not fewer than 90 of the 365 days preceding the date on which the President makes that direction.

“(4) An individual may perform the functions and duties of an Inspector General temporarily and in an acting capacity under subparagraph (B) or (C) of paragraph (2), or under paragraph (3), with respect to only 1 Inspector General position at any given time.

“(5) If the President makes a direction under paragraph (2)(C), during the 30-day period preceding the date on which the direction of the President takes effect, the functions and duties of the position of the applicable Inspector General shall be performed by—

“(A) the first assistant to the position of Inspector General; or

“(B) the individual performing those functions and duties temporarily in an acting capacity, as of the date on which the President issues that direction, if that individual is an individual other than the first assistant to the position of Inspector General.”.

(b) 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.

(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. 5604. Office of inspector general whistleblower complaints.

(a) Whistleblower Protection Coordinator.—Section 3(d)(1)(C) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1) in clause (i), in the matter preceding subclause (I), by inserting “, including employees of that Office of Inspector General” after “employees”; and

(2) in clause (iii), by inserting “(including the Integrity Committee of that Council)” after “and Efficiency”.

(b) Council of the Inspectors General on Integrity and Efficiency.—Section 11(c)(5)(B) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking “, allegations of reprisal,” and inserting the following: “and allegations of reprisal (including the timely and appropriate handling and consideration of protected disclosures and allegations of reprisal that are internal to an Office of Inspector General)”.

SEC. 5611. 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:

“§ 3349e. Presidential explanation of failure to nominate an inspector general

“If the President fails to make a formal nomination for a vacant inspector general position that requires a formal nomination by the President to be filled within the period beginning on the later of the date on which the vacancy occurred or on which a nomination is rejected, withdrawn, or returned, and ending on the day that is 210 days after that date, the President shall communicate, within 30 days after the end of such period and not later than June 1 of each year thereafter, to the appropriate congressional committees, as defined in section 12 of the Inspector General Act of 1978 (5 U.S.C. App.)—

“(1) the reasons why the President has not yet made a formal nomination; and

“(2) a target date for making a formal nomination.”.

(b) Technical and conforming amendment.—The table of sections for subchapter III of chapter 33 of title 5, United States Code, is amended by inserting after the item relating to section 3349d the following:

“3349e. Presidential explanation of failure to nominate an Inspector General.”.

(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.

SEC. 5621. Short title.

This subtitle may be cited as the “Integrity Committee Transparency Act of 2022”.

SEC. 5622. Additional information to be included in requests and reports to Congress.

Section 11(d) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1) in paragraph (5)(B)(ii), by striking the period at the end and inserting “, the length of time the Integrity Committee has been evaluating the allegation of wrongdoing, and a description of any previous written notice provided under this clause with respect to the allegation of wrongdoing, including the description provided for why additional time was needed.”; and

(2) in paragraph (8)(A)(ii), by inserting “or corrective action” after “disciplinary action”.

SEC. 5623. Availability of information to Congress on certain allegations of wrongdoing closed without referral.

Section 11(d)(5)(B) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following:

“(iii) AVAILABILITY OF INFORMATION TO CONGRESS ON CERTAIN ALLEGATIONS OF WRONGDOING CLOSED WITHOUT REFERRAL.—

“(I) IN GENERAL.—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—

“(aa) the Chair and Ranking Minority Member of the Committee on Homeland Security and Governmental Affairs of the Senate; and

“(bb) the Chair and Ranking Minority Member of the Committee on Oversight and Reform of the House of Representatives.

“(II) REQUIREMENT TO FORWARD.—The Chairperson of the Integrity Committee shall forward any written description or update provided under this clause to the members of the Integrity Committee and to the Chairperson of the Council.”.

SEC. 5624. Semiannual report.

Section 11(d)(9) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended to read as follows:

“(9) SEMIANNUAL REPORT.—On or before May 31, 2022, and every 6 months thereafter, the Council shall submit to Congress and the President a report on the activities of the Integrity Committee during the immediately preceding 6-month periods ending March 31 and September 30, which shall include the following with respect to allegations of wrongdoing that are made against Inspectors General and staff members of the various Offices of Inspector General described in paragraph (4)(C):

“(A) An overview and analysis of the allegations of wrongdoing disposed of by the Integrity Committee, including—

“(i) analysis of the positions held by individuals against whom allegations were made, including the duties affiliated with such positions;

“(ii) analysis of the categories or types of the allegations of wrongdoing; and

“(iii) a summary of disposition of all the allegations.

“(B) The number of allegations received by the Integrity Committee.

“(C) The number of allegations referred to the Department of Justice or the Office of Special Counsel, including the number of allegations referred for criminal investigation.

“(D) The number of allegations referred to the Chairperson of the Integrity Committee for investigation, a general description of the status of such investigations, and a summary of the findings of investigations completed.

“(E) An overview and analysis of allegations of wrongdoing received by the Integrity Committee during any previous reporting period, but remained pending during some part of the six months covered by the report, including—

“(i) analysis of the positions held by individuals against whom allegations were made, including the duties affiliated with such positions;

“(ii) analysis of the categories or types of the allegations of wrongdoing; and

“(iii) a summary of disposition of all the allegations.

“(F) The number and category or type of pending investigations.

“(G) For each allegation received—

“(i) the date on which the investigation was opened;

“(ii) the date on which the allegation was disposed of, as applicable; and

“(iii) the case number associated with the allegation.

“(H) The nature and number of allegations to the Integrity Committee closed without referral, including the justification for why each allegation was closed without referral.

“(I) A brief description of any difficulty encountered by the Integrity Committee when receiving, evaluating, investigating, or referring for investigation an allegation received by the Integrity Committee, including a brief description of—

“(i) any attempt to prevent or hinder an investigation; or

“(ii) concerns about the integrity or operations at an Office of Inspector General.

“(J) Other matters that the Council considers appropriate.”.

SEC. 5625. Additional reports.

Section 5 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1) by redesignating subsections (e) and (f) as subsections (g) and (h), respectively; and

(2) by inserting after subsection (d) the following:

“(e) Additional reports.—

“(1) REPORT TO INSPECTOR GENERAL.—The Chairperson of the Integrity Committee of the Council of the Inspectors General on Integrity and Efficiency shall, immediately whenever the Chairperson of the Integrity Committee becomes aware of particularly serious or flagrant problems, abuses, or deficiencies relating to the administration of programs and operations of an Office of Inspector General for which the Integrity Committee may receive, review, and refer for investigation allegations of wrongdoing under section 11(d), submit a report to the Inspector General who leads the Office at which the serious or flagrant problems, abuses, or deficiencies were alleged.

“(2) REPORT TO PRESIDENT, CONGRESS, AND THE ESTABLISHMENT.—Not later than 7 days after the date on which an Inspector General receives a report submitted under paragraph (1), the Inspector General shall submit to the President, the appropriate congressional committees, and the head of the establishment—

“(A) the report received under paragraph (1); and

“(B) a report by the Inspector General containing any comments the Inspector General determines appropriate.”.

SEC. 5626. Requirement to report final disposition to Congress.

Section 11(d)(8)(B) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting “and the appropriate congressional committees” after “Integrity Committee”.

SEC. 5627. Investigations of Offices of Inspectors 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”.

SEC. 5631. Notice of ongoing investigations when there is a change in status of Inspector General.

Section 5 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting after subsection (e), as added by section 5625 of this title, the following:

“(f) Not later than 15 days after an Inspector General is removed, placed on paid or unpaid non-duty 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 Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives 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—

“(1) for each investigation—

“(A) the type of alleged offense;

“(B) the fiscal quarter in which the Office initiated the investigation;

“(C) 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

“(D) whether the investigation is administrative, civil, criminal, or a combination thereof, if known; and

“(2) for any work not described in paragraph (1)—

“(A) a description of the subject matter and scope;

“(B) the relevant agency, including the relevant component of that Federal agency, under review;

“(C) the date on which the Office initiated the work; and

“(D) the expected time frame for completion.”.

SEC. 5641. CIGIE report on expenditures.

Section 11(c)(3) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following:

“(D) REPORT ON EXPENDITURES.—Not later than November 30 of each year, the Chairperson shall submit to the appropriate committees or subcommittees of Congress, including the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives, a report on the expenditures of the Council for the preceding fiscal year, including from direct appropriations to the Council, interagency funding pursuant to subparagraph (A), a revolving fund pursuant to subparagraph (B), or any other source.”.

SEC. 5651. Notice of refusal to provide information or assistance to inspectors general.

Section 6(c) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following:

“(3) If the information or assistance that is the subject of a report under paragraph (2) is not provided to the Inspector General by the date that is 30 days after the report is made, the Inspector General shall submit a notice that the information or assistance requested has not been provided by the head of the establishment involved or the head of the Federal agency involved, as applicable, to the appropriate congressional committees.”.

SEC. 5671. Training resources for inspectors general.

Section 11(c)(1) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1) by redesignating subparagraphs (E) through (I) as subparagraphs (F) through (J), respectively; and

(2) by inserting after subparagraph (D) the following:

“(E) support the professional development of Inspectors General, including by providing training opportunities on the duties, responsibilities, and authorities under this Act and on topics relevant to Inspectors General and the work of Inspectors General, as identified by Inspectors General and the Council.”.

SEC. 5672. Definition of appropriate congressional committees.

The Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1) in section 5—

(A) in subsection (b), in the matter preceding paragraph (1), by striking “committees or subcommittees of the Congress” and inserting “congressional committees”; and

(B) in subsection (d), by striking “committees or subcommittees of Congress” and inserting “congressional committees”;

(2) in section 6(h)(4)—

(A) in subparagraph (B), by striking “Government”; and

(B) by amending subparagraph (C) to read as follows:

“(C) Any other relevant congressional committee or subcommittee of jurisdiction.”;

(3) in section 8—

(A) in subsection (b)—

(i) in paragraph (3), by striking “the Committees on Armed Services and Governmental Affairs of the Senate and the Committee on Armed Services and the Committee on Government Reform and Oversight of the House of Representatives and to other appropriate committees or subcommittees of the Congress” and inserting “the appropriate congressional committees, including the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives”; and

(ii) in paragraph (4), by striking “and to other appropriate committees or subcommittees”; and

(B) in subsection (f)—

(i) in paragraph (1), by striking “the Committees on Armed Services and on Homeland Security and Governmental Affairs of the Senate and the Committees on Armed Services and on Oversight and Government Reform of the House of Representatives and to other appropriate committees or subcommittees of Congress” and inserting “the appropriate congressional committees, including the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives”; and

(ii) in paragraph (2), by striking “committees or subcommittees of the Congress” and inserting “congressional committees”;

(4) in section 8D—

(A) in subsection (a)(3), by striking “Committees on Governmental Affairs and Finance of the Senate and the Committees on Government Operations and Ways and Means of the House of Representatives, and to other appropriate committees or subcommittees of the Congress” and inserting “appropriate congressional committees, including the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives”; and

(B) in subsection (g)—

(i) in paragraph (1)—

(I) by striking “committees or subcommittees of the Congress” and inserting “congressional committees”; and

(II) by striking “Committees on Governmental Affairs and Finance of the Senate and the Committees on Government Reform and Oversight and Ways and Means of the House of Representatives” and inserting “Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives”; and

(ii) in paragraph (2), by striking “committees or subcommittees of Congress ” and inserting “congressional committees”;

(5) in section 8E—

(A) in subsection (a)(3), by striking “Committees on Governmental Affairs and Judiciary of the Senate and the Committees on Government Operations and Judiciary of the House of Representatives, and to other appropriate committees or subcommittees of the Congress” and inserting “appropriate congressional committees, including the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives”; and

(B) in subsection (c)—

(i) by striking “committees or subcommittees of the Congress” and inserting “congressional committees”; and

(ii) by striking “Committees on the Judiciary and Governmental Affairs of the Senate and the Committees on the Judiciary and Government Operations of the House of Representatives” and inserting “Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives”;

(6) in section 8G—

(A) in subsection (d)(2)(E), in the matter preceding clause (i), by inserting “the appropriate congressional committees, including” after “are”; and

(B) in subsection (f)(3)—

(i) in subparagraph (A)(iii), by striking “Committee on Governmental Affairs of the Senate and the Committee on Government Reform and Oversight of the House of Representatives, and to other appropriate committees or subcommittees of the Congress” and inserting “the appropriate congressional committees”; and

(ii) by striking subparagraph (C);

(7) in section 8I—

(A) in subsection (a)(3), in the matter preceding subparagraph (A), by striking “committees and subcommittees of Congress” and inserting “congressional committees”; and

(B) in subsection (d), by striking “committees and subcommittees of Congress” each place it appears and inserting “congressional committees”;

(8) in section 8N(b), by striking “committees of Congress” and inserting “congressional committees”;

(9) in section 11—

(A) in subsection (b)(3)(B)(viii)—

(i) by striking subclauses (III) and (IV);

(ii) in subclause (I), by adding “and” at the end; and

(iii) by amending subclause (II) to read as follows:

“(II) the appropriate congressional committees.”; and

(B) in subsection (d)(8)(A)(iii), by striking “to the” and all that follows through “jurisdiction” and inserting “to the appropriate congressional committees”; and

(10) in section 12—

(A) in paragraph (4), by striking “and” at the end;

(B) in paragraph (5), by striking the period at the end and inserting “; and”; and

“(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. 5673. Semiannual reports.

The Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1) in section 4(a)(2)—

(A) by inserting “, including” after “to make recommendations”; and

(B) by inserting a comma after “section 5(a)”;

(2) in section 5—

(A) in subsection (a)—

(i) by striking paragraphs (1) through (12) and inserting the following:

“(1) a description of significant problems, abuses, and deficiencies relating to the administration of programs and operations of the establishment and associated reports and recommendations for corrective action made by the Office;

“(2) an identification of each recommendation made before the reporting period, for which corrective action has not been completed, including the potential costs savings associated with the recommendation;

“(3) a summary of significant investigations closed during the reporting period;

“(4) an identification of the total number of convictions during the reporting period resulting from investigations;

“(5) information regarding each audit, inspection, or evaluation report issued during the reporting period, including—

“(A) a listing of each audit, inspection, or evaluation;

“(B) if applicable, the total dollar value of questioned costs (including a separate category for the dollar value of unsupported costs) and the dollar value of recommendations that funds be put to better use, including whether a management decision had been made by the end of the reporting period;

“(6) information regarding any management decision made during the reporting period with respect to any audit, inspection, or evaluation issued during a previous reporting period;”;

(ii) by redesignating paragraphs (13) through (22) as paragraphs (7) through (16), respectively;

(iii) by amending paragraph (13), as so redesignated, to read as follows:

“(13) a report on each investigation conducted by the Office where allegations of misconduct were substantiated involving a senior Government employee or senior official (as defined by the Office) if the establishment does not have senior Government employees, which shall include—

“(A) the name of the senior Government employee, if already made public by the Office; and

“(B) a detailed description of—

“(i) the facts and circumstances of the investigation; and

“(ii) the status and disposition of the matter, including—

“(I) if the matter was referred to the Department of Justice, the date of the referral; and

“(II) if the Department of Justice declined the referral, the date of the declination;”; and

(iv) by amending paragraph (15), as so redesignated, to read as follows:

“(15) information related to interference by the establishment, including—

“(A) a detailed description of any attempt by the establishment to interfere with the independence of the Office, including—

“(i) with budget constraints designed to limit the capabilities of the Office; and

“(ii) incidents where the establishment has resisted or objected to oversight activities of the Office or restricted or significantly delayed access to information, including the justification of the establishment for such action; and

“(B) a summary of each report made to the head of the establishment under section 6(c)(2) during the reporting period;”; and

(B) in subsection (b)—

(i) by striking paragraphs (2) and (3) and inserting the following:

“(2) where final action on audit, inspection, and evaluation reports had not been taken before the commencement of the reporting period, statistical tables showing—

“(A) with respect to management decisions—

“(i) for each report, whether a management decision was made during the reporting period;

“(ii) if a management decision was made during the reporting period, the dollar value of disallowed costs and funds to be put to better use as agreed to in the management decision; and

“(iii) total number of reports where a management decision was made during the reporting period and the total corresponding dollar value of disallowed costs and funds to be put to better use as agreed to in the management decision; and

“(B) with respect to final actions—

“(i) whether, if a management decision was made before the end of the reporting period, final action was taken during the reporting period;

“(ii) if final action was taken, the dollar value of—

“(I) disallowed costs that were recovered by management through collection, offset, property in lieu of cash, or otherwise;

“(II) disallowed costs that were written off by management;

“(III) disallowed costs and funds to be put to better use not yet recovered or written off by management;

“(IV) recommendations that were completed; and

“(V) recommendations that management has subsequently concluded should not or could not be implemented or completed; and

“(iii) total number of reports where final action was not taken and total number of reports where final action was taken, including the total corresponding dollar value of disallowed costs and funds to be put to better use as agreed to in the management decisions;”;

(ii) by redesignating paragraph (4) as paragraph (3);

(iii) in paragraph (3), as so redesignated, by striking “subsection (a)(20)(A)” and inserting “subsection (a)(14)(A)”; and

(iv) by striking paragraph (5) and inserting the following:

“(4) a statement explaining why final action has not been taken with respect to each audit, inspection, and evaluation report in which a management decision has been made but final action has not yet been taken, except that such statement—

“(A) may exclude reports if—

“(i) a management decision was made within the preceding year; or

“(ii) the report is under formal administrative or judicial appeal or management of the establishment has agreed to pursue a legislative solution; and

“(B) shall identify the number of reports in each category so excluded.”;

(D) by inserting after subsection (g), as so redesignated by section __305 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. 5674. 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 __305 of this title, is amended by adding at the end the following:

“(6) (A) Except as provided in subparagraph (B), if an audit, evaluation, inspection, or other non-investigative report prepared by an Inspector General specifically identifies a specific non-governmental organization or business entity, whether or not the non-governmental organization or business entity is the subject of that audit, evaluation, inspection, or non-investigative report—

“(i) the Inspector General shall notify the non-governmental organization or business entity;

“(ii) the non-governmental organization or business entity shall have—

“(I) 30 days to review the audit, evaluation, inspection, or non-investigative report beginning on the date of publication of the audit, evaluation, inspection, or non-investigative report; and

“(II) the opportunity to submit a written response for the purpose of clarifying or providing additional context as it directly relates to each instance wherein an audit, evaluation, inspection, or non-investigative report specifically identifies that non-governmental organization or business entity; and

“(iii) if a written response is submitted under clause (ii)(II) within the 30-day period described in clause (ii)(I)—

“(I) the written response shall be attached to the audit, evaluation, inspection, or non-investigative report; and

“(II) in every instance where the report may appear on the public-facing website of the Inspector General, the website shall be updated in order to access a version of the audit, evaluation, inspection, or non-investigative report that includes the written response.

“(B) Subparagraph (A) shall not apply with respect to a non-governmental organization or business entity that refused to provide information or assistance sought by an Inspector General during the creation of the audit, evaluation, inspection, or non-investigative report.

“(C) An Inspector General shall review any written response received under subparagraph (A) for the purpose of preventing the improper disclosure of classified information or other non-public information, consistent with applicable laws, rules, and regulations, and, if necessary, redact such information.”.

(b) Retroactive applicability.—During the 30-day period beginning on the date of enactment of this Act—

(1) the amendment made by subsection (a) shall apply upon the request of a non-governmental organization or business entity named in an audit, evaluation, inspection, or other non-investigative report prepared on or after January 1, 2019; and

(2) any written response submitted under clause (iii) of section 5(g)(6)(A) of the Inspector General Act of 1978 (5 U.S.C. App.), as added by subsection (a), with respect to such an audit, evaluation, inspection, or other non-investigative report shall attach to the original report in the manner described in that clause.

SEC. 5675. 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, shall conduct a thorough review of efforts to support and process evacuees from Afghanistan and the Afghanistan special immigrant visa program.

(b) Elements.—The review required by subsection (a) shall include an assessment of the systems, staffing, policies, and programs used—

(1) to the 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 refugees and applicants for United States visas that have been in use at any time since January 1, 2016;

(D) an analysis of the processes used for evacuees traveling without personal identification records, including the creation or provision of any new identification records to such evacuees; and

(E) an analysis of the degree to which such screening and vetting process was capable of detecting—

(i) instances of human trafficking and domestic abuse;

(ii) evacuees who are unaccompanied minors; and

(iii) evacuees with a spouse that 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;

(D) gender;

(E) eligibility for special immigrant visas under 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) eligibility for employment-based nonimmigrant visas at the time of evacuation; and

(G) familial relationship to evacuees who are eligible for visas described in subparagraphs (E) and (F); and

(5) to provide eligible individuals with special immigrant visas under the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note; Public Law 111–8) and section 1059 of the National Defense Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101 note; Public Law 109–163) since the date of the enactment of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note; Public Law 111–8), including—

(A) a detailed step-by-step description of the application process for such special immigrant visas, including the number of days allotted by the United States Government for the completion of each step;

(B) the number of such special immigrant visa applications received, approved, and denied, disaggregated by fiscal year;

(C) the number of such special immigrant visas issued, as compared to the number available under law, disaggregated by fiscal year;

(D) an assessment of the average length of time taken to process an application for such a special immigrant visa, beginning on the date of submission of the application and ending on the date of final disposition, disaggregated by fiscal year;

(E) an accounting of the number of applications for such special immigrant visas that remained pending at the end of each fiscal year;

(F) an accounting of the number of interviews of applicants for such special immigrant visas conducted during each fiscal year;

(G) the number of noncitizens who were admitted to the United States pursuant to such a special immigrant visa during each fiscal year;

(H) an assessment of the extent to which each participating department or agency of the United States Government, including the Department of State and the Department of Homeland Security, adjusted processing practices and procedures for such special immigrant visas so as to vet applicants and expand processing capacity since the February 29, 2020, Doha Agreement between the United States and the Taliban;

(I) a list of specific steps, if any, taken between February 29, 2020, and August 31, 2021—

(i) to streamline the processing of applications for such special immigrant visas; and

(ii) to address longstanding bureaucratic hurdles while improving security protocols;

(J) a description of the degree to which the Secretary of State implemented recommendations made by the Department of State Office of Inspector General in its June 2020 reports on Review of the Afghan Special Immigrant Visa Program (AUD-MERO-20-35) and Management Assistance Report: Quarterly Reporting on Afghan Special Immigrant Visa Program Needs Improvement (AUD-MERO-20-34);

(K) an assessment of the extent to which challenges in verifying applicants’ employment with the Department of Defense contributed to delays in the processing of such special immigrant visas, and an accounting of the specific steps taken since February 29, 2020, to address issues surrounding employment verification; and

(L) recommendations to strengthen and streamline such special immigrant visa process going forward.

(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) DEFINITIONS.—In this subsection:

(A) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” has the meaning given the term in section 12 of the Inspector General Act of 1978 (5 U.S.C. App.), as amended by this subtitle.

(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.

SEC. 5676. Investigations of department of justice personnel.

Section 8E of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1) in subsection (b)—

(A) in paragraph (2), by striking “and paragraph (3)”;

(B) by striking paragraph (3);

(D) in paragraph (4), as redesignated, by striking “paragraph (4)” and inserting “paragraph (3)”; and

(2) in subsection (d), by striking “, except with respect to allegations described in subsection (b)(3),”.

SEC. 5677. Law enforcement authority of the Inspector General of the United States International Development Finance Corporation.

Section 6(f)(3) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting “International Development Finance Corporation, ” before “Environmental”.

SEC. 5678. Inspector General for the Office of Management and Budget.

(a) Establishment of Office.—Section 12 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1) in paragraph, (1) by inserting “the Director of the Office of Management and Budget,” after “means”; and

(2) in paragraph (2), by inserting “the Office of Management and Budget,” after “means”.

(b) Special provisions concerning the Inspector General of the Office of Management and Budget.—The Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding after section 8N the following new section:

“SEC. 8O. Special provisions concerning the Inspector General of the Office of Management and Budget.

“The Inspector General of the Office of Management and Budget shall only have jurisdiction over those matters that have been specifically assigned to the Office under law.”.

(c) Appointment.—Not later than 120 days after the date of the enactment of this Act, the President shall appoint an individual to serve as the Inspector General of the Office of Management and Budget in accordance with section 3(a) of the Inspector General Act of 1978 (5 U.S.C. App.).

SEC. 5701. Appeals to Merit Systems Protection Board relating to FBI reprisal allegations; salary of Special Counsel.

(a) Appeals to MSPB.—Section 2303 of title 5, United States Code, is amended by adding at the end the following:

“(d) (1) An employee of the Federal Bureau of Investigation who makes an allegation of a reprisal under regulations promulgated under this section may appeal a final determination or corrective action order by the Bureau under those regulations to the Merit Systems Protection Board pursuant to section 1221.

“(2) If no final determination or corrective action order has been made or issued for an allegation described in paragraph (1) before the expiration of the 180-day period beginning on the date on which the allegation is received by the Federal Bureau of Investigation, the employee described in that paragraph may seek corrective action directly from the Merit Systems Protection Board pursuant to section 1221.”.

(b) Special Counsel salary.—

(1) IN GENERAL.—Subchapter II of chapter 53 of title 5, United States Code, is amended—

(A) in section 5314, by adding at the end the following new item :“Special Counsel of the Office of Special Counsel.”; and

(B) in section 5315, by striking “Special Counsel of the Merit Systems Protection Board.”

(2) APPLICATION.—The rate of pay applied under the amendments made by paragraph (1) shall begin to apply on the first day of the first pay period beginning after date of enactment of this Act.

SEC. 5702. Minimum wage for Federal contractors.

Executive Order 14026 and its implementing regulations in part 23 of title 29, Code of Federal Regulations, are hereby enacted into law, except that nothing in this section shall be construed to prohibit any Federal department or agency from requiring any Federal contract entered into on or after the date of enactment of this section to include a clause requiring that workers employed in the performance of such contract or any covered subcontract (as defined in such regulations) be paid at a minimum wage that exceeds the minimum wage in effect pursuant to such executive order and regulations.

SEC. 5703. Federal wildland firefighter recruitment and retention.

(a) Recruitment and retention bonus.—In order to promote the recruitment and retention of Federal wildland firefighters, the Director of the Office of Personnel Management, in coordination with the Secretary of Agriculture and the Secretary of the Interior, shall establish a program under which a recruitment or retention bonus of not less than $1,000 may be paid to a Federal wildland firefighter in an amount as determined appropriate by the Director of the Office of Personnel Management and the Secretary of Agriculture and the Secretary of the Interior. The minimum amount of such bonus in the previous sentence shall be increased each year by the Consumer Price Index in the manner prescribed under subsection (b)(2). Any bonus under this subsection—

(1) shall be paid to any primary or secondary Federal wildland firefighter upon the date that such firefighter successfully completes a work capacity test; and

(2) may not be paid to any such firefighter more than once per calendar year.

(b) Federal wildland firefighter.—In this section, the term “Federal wildland firefighter” means any temporary, seasonal, or permanent position at the Department of Agriculture or the Department of the Interior that maintains group, emergency incident management, or fire qualifications, as established annually by the Standards for Wildland Fire Position Qualifications published by the National Wildfire Coordinating Group, and primarily engages in or supports wildland fire management activities, including forestry and rangeland technicians and positions concerning aviation, engineering heavy equipment operations, or fire and fuels management.

SEC. 5704. Study and report on returnship programs.

(a) In general.—Not later than September 30, 2023, the Secretary of Defense shall conduct a study, and submit a report on such study to the congressional defense committees, on the feasibility and benefits of establishing returnship programs for the civilian workforce of the Department of Defense. The study and report shall assess—

(1) where returnship programs could be used to address such workforce needs and bolster the knowledge and experience base of such workforce;

(2) how the programs would be structured and the estimated funding levels to implement the returnship programs; and

(3) if and how returnship programs impact the diversity of such workforce.

(b) Returnship program defined.—In this section, the term “returnship program” means any program that supports entry into the civilian workforce of the Department of Defense of an individual who has taken an extended leave of absence from such workforce, including a leave of absence to care for a dependent.

SEC. 5705. Limitations on exception of competitive service positions.

(a) In general.—No position in the competitive service (as defined under section 2102 of title 5, United States Code) may be excepted from the competitive service unless such position is placed—

(1) in any of the schedules A through E as described in section 6.2 of title 5, Code of Federal 5 Regulations, as in effect on September 30, 2020; and

(2) under the terms and conditions under part 8 of such title as in effect on such date.

(b) Subsequent transfers.—No position in the excepted service (as defined under section 2103 of title 5, United States Code) may be placed in any schedule other than a schedule described in subsection (a)(1).

SEC. 5801. Afghan Allies Protection.

Clause (ii) of section 602(b)(2)(A) of the Afghan Allies Protection Act of 2009 (Public Law 111–8; 8 U.S.C. 1101 note) is amended in the matter preceding subclause (I), by striking “year—” and inserting the following: “year, or in the case of an alien who was wounded or seriously injured in connection with employment described in this subparagraph, for the period until such wound or injury occurred, if the wound or injury prevented the alien from continuing employment—”.

SEC. 5802. Advancing Mutual Interests and Growing Our Success.

(a) Nonimmigrant traders and investors.—For purposes of clauses (i) and (ii) of section 101(a)(15)(E) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)), Portugal shall be considered to be a foreign state described in such section if the Government of Portugal provides similar nonimmigrant status to nationals of the United States.

(b) Modification of eligibility criteria for E visas.—

Section 101(a)(15)(E) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)) is amended—

(1) 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

(2) by striking “him” and inserting “such alien”; and

(3) by striking “he” each place such term appears and inserting “the alien”.

SEC. 5803. Expansion of study of PFAS contamination.

(a) CDC study on health implications of per- and polyfluoroalkyl substances contamination in drinking water.—The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention and the Director of the Agency for Toxic Substances and Disease Registry, and, as appropriate, the Director of the National Institute of Environmental Health Sciences, and in consultation with the Secretary of Defense, shall—

(1) expand (by including more military installations, communities, or other sites, including schools operated by the Department of Defense Education Activity) the study authorized by section 316 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) on the human health implications of per- and polyfluoroalkyl substances (in this section referred to as “PFAS”) contamination in drinking water, ground water, and any other sources of water and relevant exposure pathways, including the cumulative human health implications of multiple types of PFAS contamination at levels above and below health advisory levels to assess health effects at additional military installations;

(2) not later than 1 year after the date of the enactment of this Act, and annually thereafter until submission of the report under paragraph (3)(B), submit to the appropriate congressional committees a report on the progress of such expanded study; and

(3) not later than 5 years after the date of enactment of this Act (or 7 years after such date of enactment after providing notice to the appropriate congressional committees of the need for the delay)—

(A) complete the expanded study and make any appropriate recommendations; and

(B) submit a report to the appropriate congressional committees on the results of such expanded study.

(b) Exposure assessment.—

(1) IN GENERAL.—The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention and the Director of the Agency for Toxic Substances and Disease Registry, and, as appropriate, the Director of the National Institute of Environmental Health Sciences, and in consultation with the Secretary of Defense, shall conduct an exposure assessment of not less than 10 current or former domestic military installations which were not included in the study authorized by section 316(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) and which are known to have PFAS contamination in drinking water, ground water, and any other sources of water and relevant exposure pathways.

(2) CONTENTS.—The exposure assessment required under this subsection shall—

(A) include—

(i) for each military installation covered under the exposure assessment, a statistical sample to be determined by the Secretary of Health and Human Services in consultation with the relevant State health departments; and

(ii) biomonitoring for assessing the contamination described in paragraph (1); and

(B) produce findings, which shall be—

(i) used to help design the study described in subsection (a)(1); and

(ii) not later than 1 year after the conclusion of such exposure assessment, released to the appropriate congressional committees.

(3) TIMING.—The exposure assessment required under this subsection shall—

(A) begin not later than 180 days after the date of enactment of this Act; and

(B) conclude not later than 2 years after such date of enactment.

(c) Coordination with other agencies.—The Director of the Agency for Toxic Substances and Disease Registry may, as necessary, use staff and other resources from other Federal agencies in carrying out the study under subsection (a) and the assessment under subsection (b).

(d) No effect on regulatory process.—The study under subsection (a) and assessment under subsection (b) shall not interfere with any regulatory processes of the Environmental Protection Agency, including determinations of maximum contaminant levels.

(e) Definition.—In this section, the term “appropriate congressional committees” means—

(1) the congressional defense committees;

(2) the Committee on Heath, Education, Labor, and Pensions, the Committee on Environment and Public Works, and the Committee on Veterans’ Affairs of the Senate; and

(3) the Committee on Energy and Commerce, the Committee on Education and Labor, and the Committee on Veterans’ Affairs of the House of Representatives.

(f) Funding.—

(1) SOURCE OF FUNDS.—The study under subsection (a) and assessment under subsection (b) may be paid for using funds authorized to be appropriated to the Department of Defense under the heading “Operation and Maintenance, Defense-Wide”.

(2) TRANSFER AUTHORITY.—Without regard to section 2215 of title 10, United States Code, the Secretary of Defense may transfer not more than $20,000,000 a year during each of fiscal years 2023 and 2024 to the Secretary of Health and Human Services to pay for the study under subsection (a) and assessment under subsection (b).

(3) EXPENDITURE AUTHORITY.—Amounts transferred to the Secretary of Health and Human Services shall be used to carry out the study under subsection (a) and assessment under subsection (b) through contracts, cooperative agreements, or grants. In addition, such funds may be transferred by the Secretary of Health and Human Services to other accounts of the Department of Health and Human Services for the purposes of carrying out this section.

(4) RELATIONSHIP TO OTHER TRANSFER AUTHORITIES.—The transfer authority provided under this subsection is in addition to any other transfer authority available to the Department of Defense or the Department of Health and Human Services.

SEC. 5804. 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;

(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 (permissioned) 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 R&D strategy.—

(1) IN GENERAL.—The Director, or a designee of the Director, shall, in coordination with the National Science and Technology Council, and the heads of such other relevant Federal agencies and entities as the Director considers appropriate, which may include the National Academies, and in consultation with such nongovernmental entities as the Director considers appropriate, develop a national strategy for the research and development of distributed ledger technologies and their applications, including applications of public and permissionless distributed ledgers. In developing the national strategy, the Director shall consider the following:

(A) Current efforts and coordination by Federal agencies to invest in the research and development of distributed ledger technologies and their applications, including through programs like the Small Business Innovation Research program, the Small Business Technology Transfer program, and the National Science Foundation's Innovation Corps programs.

(B) (i) The potential benefits and risks of applications of distributed ledger technologies across different industry sectors, including their potential to—

(I) lower transactions costs and facilitate new types of commercial transactions;

(II) protect privacy and increase individuals’ data sovereignty;

(III) reduce friction to the interoperability of digital systems;

(IV) increase the accessibility, auditability, security, efficiency, and transparency of digital services;

(V) increase market competition in the provision of digital services;

(VI) enable dynamic contracting and contract execution through smart contracts;

(VII) enable participants to collaborate in trustless and disintermediated environments;

(VIII) enable the operations and governance of distributed organizations;

(IX) create new ownership models for digital items; and

(X) increase participation of populations historically underrepresented in the technology, business, and financial sectors.

(ii) In consideration of the potential risks of applications of distributed ledger technologies under clause (i), the Director shall take into account, where applicable—

(I) additional risks that may emerge from distributed ledger technologies, as identified in reports submitted to the President pursuant to Executive Order 14067, that may be addressed by research and development;

(II) software vulnerabilities in distributed ledger technologies and smart contracts;

(III) limited consumer literacy on engaging with applications of distributed ledger technologies in a secure way;

(IV) the use of distributed ledger technologies in illicit finance and their use in combating illicit finance;

(V) manipulative, deceptive, and fraudulent practices that harm consumers engaging with applications of distributed ledger technologies;

(VI) the implications of different consensus mechanisms for digital ledgers and governance and accountability mechanisms for applications of distributed ledger technologies, which may include decentralized networks;

(VII) foreign activities in the development and deployment of distributed ledger technologies and their associated tools and infrastructure; and

(VIII) environmental, sustainability, and economic impacts of the computational resources required for distributed ledger technologies.

(C) Potential uses for distributed ledger technologies that could improve the operations and delivery of services by Federal agencies, taking into account the potential of digital ledger technologies to—

(i) improve the efficiency and effectiveness of privacy-preserving data sharing among Federal agencies and with State, local, territorial, and Tribal governments;

(ii) promote government transparency by improving data sharing with the public;

(iii) introduce or mitigate risks that may threaten individuals’ rights or broad access to Federal services;

(iv) automate and modernize processes for assessing and ensuring regulatory compliance; and

(v) facilitate broad access to financial services for underserved and underbanked populations.

(D) Ways to support public and private sector dialogue on areas of research that could enhance the efficiency, scalability, interoperability, security, and privacy of applications using distributed ledger technologies.

(E) The need for increased coordination of the public and private sectors on the development of voluntary standards in order to promote research and development, including standards regarding security, smart contracts, cryptographic protocols, virtual routing and forwarding, interoperability, zero-knowledge proofs, and privacy, for distributed ledger technologies and their applications.

(F) Applications of distributed ledger technologies that could positively benefit society but that receive relatively little private sector investment.

(G) The United States position in global leadership and competitiveness across research, development, and deployment of distributed ledger technologies.

(2) CONSULTATION.—

(A) IN GENERAL.—In carrying out the Director's duties under this subsection, the Director shall consult with the following:

(i) Private industry.

(ii) Institutions of higher education, including minority-serving institutions.

(iii) Nonprofit organizations, including foundations dedicated to supporting distributed ledger technologies and their applications.

(iv) State governments.

(v) Such other persons as the Director considers appropriate.

(B) REPRESENTATION.—The Director shall ensure consultations with the following:

(i) Rural and urban stakeholders from across the Nation.

(ii) Small, medium, and large businesses.

(iii) Subject matter experts representing multiple industrial sectors.

(iv) A demographically diverse set of stakeholders.

(3) COORDINATION.—In carrying out this subsection, the Director shall, for purposes of avoiding duplication of activities, consult, cooperate, and coordinate with the programs and policies of other relevant Federal agencies, including the interagency process outlined in section 3 of Executive Order 14067 (87 Fed. Reg. 14143; relating ensuring responsible development of digital assets).

(4) NATIONAL STRATEGY.—Not later than 1 year after the date of enactment of this Act, the Director shall submit to the relevant congressional committees and the President a national strategy that includes the following:

(A) Priorities for the research and development of distributed ledger technologies and their applications.

(B) Plans to support public and private sector investment and partnerships in research and technology development for societally beneficial applications of distributed ledger technologies.

(D) An identification of additional resources, administrative action, or legislative action recommended to assist with the implementation of such strategy.

(5) RESEARCH AND DEVELOPMENT FUNDING.—The Director shall, as the Director considers necessary, consult with the Director of the Office of Management and Budget and with the heads of such other elements of the Executive Office of the President as the Director considers appropriate, to ensure that the recommendations and priorities with respect to research and development funding, as expressed in the national strategy developed under this subsection, are incorporated in the development of annual budget requests for Federal research agencies.

(1) IN GENERAL.—The Director of the National Science Foundation shall make awards, on a competitive basis, to institutions of higher education, including minority-serving institutions, or nonprofit organizations (or consortia of such institutions or organizations) to support research, including interdisciplinary research, on distributed ledger technologies, their applications, and other issues that impact or are caused by distributed ledger technologies, which may include research on—

(A) the implications on trust, transparency, privacy, accessibility, accountability, and energy consumption of different consensus mechanisms and hardware choices, and approaches for addressing these implications;

(B) approaches for improving the security, privacy, resiliency, interoperability, performance, and scalability of distributed ledger technologies and their applications, which may include decentralized networks;

(C) approaches for identifying and addressing vulnerabilities and improving the performance and expressive power of smart contracts;

(D) the implications of quantum computing on applications of distributed ledger technologies, including long-term protection of sensitive information (such as medical or digital property), and techniques to address them;

(E) game theory, mechanism design, and economics underpinning and facilitating the operations and governance of decentralized networks enabled by distributed ledger technologies;

(F) the social behaviors of participants in decentralized networks enabled by distributed ledger technologies;

(G) human-centric design approaches to make distributed ledger technologies and their applications more usable and accessible;

(H) use cases for distributed ledger technologies across various industry sectors and government, including applications pertaining to—

(i) digital identity, including trusted identity and identity management;

(ii) digital property rights;

(iii) delivery of public services;

(iv) supply chain transparency;

(v) medical information management;

(vi) inclusive financial services;

(vii) community governance;

(viii) charitable giving;

(ix) public goods funding;

(x) digital credentials;

(xi) regulatory compliance;

(xii) infrastructure resilience, including against natural disasters; and

(xiii) peer-to-peer transactions; and

(I) the social, behavioral, and economic implications associated with the growth of applications of distributed ledger technologies, including decentralization in business, financial, and economic systems.

(2) ACCELERATING INNOVATION.—The Director of the National Science Foundation shall consider continuing to support startups that are in need of funding, would develop in and contribute to the economy of the United States, leverage distributed ledger technologies, have the potential to positively benefit society, and have the potential for commercial viability, through programs like the Small Business Innovation Research program, the Small Business Technology Transfer program, and, as appropriate, other programs that promote broad and diverse participation.

(3) CONSIDERATION OF NATIONAL DISTRIBUTED LEDGER TECHNOLOGY RESEARCH AND DEVELOPMENT STRATEGY.—In making awards under paragraph (1), the Director of the National Science Foundation shall take into account the national strategy, as described in subsection (b)(4).

(4) FUNDAMENTAL RESEARCH.—The Director of the National Science Foundation shall consider continuing to make awards supporting fundamental research in areas related to distributed ledger technologies and their applications, such as applied cryptography and distributed systems.

(d) Distributed ledger technology applied research project.—

(1) APPLIED RESEARCH PROJECT.—Subject to the availability of appropriations, the Director of the National Institute of Standards and Technology, may carry out an applied research project to study and demonstrate the potential benefits and unique capabilities of distributed ledger technologies.

(2) ACTIVITIES.—In carrying out the applied research project, the Director of the National Institute of Standards and Technology shall—

(A) identify potential applications of distributed ledger technologies, including those that could benefit activities at the Department of Commerce or at other Federal agencies, considering applications that could—

(i) improve the privacy and interoperability of digital identity and access management solutions;

(ii) increase the integrity and transparency of supply chains through the secure and limited sharing of relevant supplier information;

(iii) facilitate increased interoperability across healthcare information systems and consumer control over the movement of their medical data;

(iv) facilitate broader participation in distributed ledger technologies of populations historically underrepresented in technology, business, and financial sectors; or

(v) 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 Framework of the National Institute of Standards and Technology are demonstrated in the project.

(3) BRIEFINGS TO CONGRESS.—Not later than 1 year after the date of enactment of this Act, the Director of the National Institute of Standards and Technology shall offer a briefing to the relevant congressional committees on the progress and current findings from the project under this subsection.

(4) PUBLIC REPORT.—Not later than 12 months after the completion of the project under this subsection, the Director of the National Institute of Standards and Technology shall make public a report on the results and findings from the project.

SEC. 5805. Commercial air waiver for next of kin regarding transportation of remains of casualties.

Section 580A of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended by adding at the end the following:

“(c) Transportation of deceased military member.—In the event of a death that requires the Secretary concerned to provide a death benefit under subchapter II of chapter 75 of title 10, United States Code, such Secretary shall provide the next of kin or other appropriate person a commercial air travel use waiver for the transportation of deceased remains of military member who dies outside of the United States.”.

SEC. 5806. Arms Exports Delivery Solutions Act.

(a) Sense of congress.—It is the sense of Congress that—

(1) prioritizing the defense needs of United States allies and partners globally is a national security priority; and

(2) sustained support to key partners for interoperable defense systems is critical to preserve—

(A) the safety and security of American persons;

(B) the free flow of commerce through international trade routes;

(C) the United States commitment to collective security agreements, territorial integrity, and recognized maritime boundaries; and

(D) Taiwan’s defense capability both in quantitative and qualitative terms.

(b) Report required.—Not later than March 1, 2023, and March 1, 2024, the Secretary of State and the Secretary of Defense shall jointly transmit to the appropriate congressional committees a report with respect to the transfer of all defense articles or defense services, on or after October 1, 2017, 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)).

(1) A list of all approved transfers of defense articles and services authorized by Congress pursuant to sections 25 and 36 of the Arms Export Control Act (22 U.S.C. 2765 and 2776) with a total value of $25,000,000 or more, to Taiwan, Japan, South Korea, Australia, or New Zealand, that have not been fully delivered by the start of the fiscal year in which the report is being submitted.

(2) The estimated start and end dates of delivery for each approved and incomplete transfer listed pursuant to paragraph (1), including additional details and dates for any transfers that involve multiple tranches of deliveries.

(3) With respect to each approved and incomplete transfer listed pursuant to paragraph (1), a detailed description of—

(A) any changes in the delivery dates of defense articles or services relative to the dates anticipated at the time of congressional approval of the transfer, including specific reasons for any delays related to the United States Government, defense suppliers, or a foreign partner;

(B) the feasibility and advisability of providing the partner subject to such delayed delivery with an interim capability or solution, including drawing from United States stocks, and any challenges to implementing such a capability or solution; and

(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).

(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 allied forces 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;

(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.

(6) A separate description of the actions the United States is taking to expedite deliveries of defense articles and services to Taiwan, including in particular, whether the United States intends to divert defense articles from United States stocks to provide an interim capability or solution with respect to any delayed deliveries to Taiwan and the plan, if applicable, to replenish any such diverted stocks.

(7) A description of other potential actions undertaken by the Department of State to improve delivery timelines for the transfers listed pursuant to paragraph (1).

(d) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and

(2) the Committee on Foreign Relations and the Committee on Armed Services of the Senate.

SEC. 5807. 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. 5808. Prohibition of Federal funding for induced or required undermining of security of consumer communications goods.

(a) Prohibition.—None of the funds made available in this or any other Act may be used by any Federal agency to require, support, pay, or otherwise induce any private sector provider of consumer software and hardware to—

(1) intentionally add any security vulnerability or weaken or omit any safeguard in the standards, items, or services of the provider;

(2) remove or omit any information security function, mechanism, service, or solution from the items or services of the provider; or

(3) take any action that—

(A) undermines, circumvents, defeats, bypasses, or otherwise counteracts the end-to-end encryption of the item or service of the provider;

(B) prevents an item or service from adopting end-to-end encryption; or

(C) otherwise makes an unencrypted version of the end-to-end encrypted content of any communication, file, or data of the item or service of the provider available to any person or entity other than the intended recipients.

(b) Federal agency defined.—In this section, the term “Federal agency” means any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency.

SEC. 5809. Foreign state computer intrusions.

(a) In general.—Chapter 97 of title 28, United States Code, is amended by inserting after section 1605B the following:

“§ 1605C. Computer intrusions by a foreign state

“A foreign state shall not be immune from the jurisdiction of the courts of the United States or of the States in any case not otherwise covered by this chapter in which money damages are sought against a foreign state by a national of the United States for personal injury, harm to reputation, or damage to or loss of property resulting from any of the following activities, whether occurring in the United States or a foreign state:

“(1) Unauthorized access to or access exceeding authorization to a computer located in the United States.

“(2) Unauthorized access to confidential, electronic stored information located in the United States.

“(3) The transmission of a program, information, code, or command to a computer located in the United States, which, as a result of such conduct, causes damage without authorization.

“(4) The use, dissemination, or disclosure, without consent, of any information obtained by means of any activity described in paragraph (1), (2), or (3).

“(5) The provision of material support or resources for any activity described in paragraph (1), (2), (3), or (4), including by an official, employee, or agent of such foreign state.”.

(b) Application.—This section and the amendments made by this section shall apply to any action pending on or filed on or after the date of the enactment of this Act.

SEC. 5810. School PFAS testing and filtration program.

(a) In general.—Not later than 1 year after the date of enactment of this section, the Secretary of Defense, in coordination with the Administrator of the Environmental Protection Agency, shall establish a program to—

(1) test for perfluoroalkyl and polyfluoroalkyl substances in drinking water at eligible entities, which testing shall be conducted by an entity approved by the Administrator or the applicable State to conduct the testing;

(2) install, maintain, and repair water filtration systems effective for reducing perfluoroalkyl and polyfluoroalkyl substances in drinking water at eligible entities that contains a level of any perfluoroalkyl or polyfluoroalkyl substance that exceeds—

(A) an applicable maximum contaminant level established by the Administrator under section 1412 of the Safe Drinking Water Act (42 U.S.C. 300g–1); or

(B) an applicable standard established by the applicable State that is more stringent than the level described in subparagraph (A); and

(3) safely dispose of spent water filtration equipment used to reduce perfluoroalkyl and polyfluoroalkyl substances in drinking water at schools.

(b) Public availability.—The Secretary of Defense shall—

(1) make publicly available, including, to the maximum extent practicable, on the website of the eligible entity, a copy of the results of any testing carried out under this section; and

(2) notify relevant parent, teacher, and employee organizations of the availability of the results described in paragraph (1).

(1) The term “Administrator” means the Administrator of the Environmental Protection Agency.

(2) The term “eligible entity” means a school operated by the Department of Defense Education Activity.

SEC. 5811. Report on EMT national licensing standards.

The Secretary of Defense, in coordination with each branch of the United States military, shall submit a report to Congress on how the Department of Defense can feasibly incorporate EMT national licensing standards into their existing training.

SEC. 5812. Requirement for cut flowers and cut greens displayed in certain Federal buildings to be produced in the United States.

(a) In general.—A cut flower or a cut green may not be officially displayed in any public area of a building of the Executive Office of the President, of the Department of State, or of the Department of Defense that is in a State of the United States or in the District of Columbia, unless the cut flower or cut green is produced in the United States.

(b) Waiver.—The prohibition under subsection (a) may be waived by the head of the agency concerned with respect to a cut flower or cut green that is a gift from a foreign country.

(c) Rule of construction.—The limitation in subsection (a) may not be construed to apply to any cut flower or cut green used by a Federal officer or employee for personal display.

(d) Definitions.—In this section:

(1) The term “cut flower” means a flower removed from a living plant for decorative use.

(2) The term “cut green” means a green, foliage, or branch removed from a living plant for decorative use.

(3) The term “produced in the United States” means grown in—

(A) any of the several States;

(B) the District of Columbia;

(D) an area subject to the jurisdiction of a federally recognized Indian Tribe.

(e) Effective date.—This section shall take effect on the date that is 1 year after the date of the enactment of this Act.

SEC. 5813. 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 negotiated 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.

(6) As the Department charged with fulfilling the security mandates of the Compacts, the Department of Defense is an integral partner with the Departments of State and Interior in the Compact renewal negotiations, has a vested interest in the outcome, and should play an active role in the negotiations for their renewal.

(7) The Department of Defense should continue its engagement in the negotiations of the Compacts of Free Association, in coordination with the Departments of State and Interior and the Special Presidential Envoy for Compact Negotiations.

(8) It would be beneficial for the Secretary of Defense to detail a senior officer — or such other personal and assistance as the Envoy may request — to the Special Presidential Envoy for Compact Negotiations to support the negotiations for the renewal of Compact provisions.

(b) Briefing on negotiations.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall brief the following committees on the role of the Department in the renegotiations of the Compacts and opportunities to expand its support for the negotiations:

(1) the congressional defense committees;

(2) the Committee on Foreign Affairs and the Committee on Natural Resources of the House of Representatives; and

(3) the Committee on Foreign Relations and the Committee on Energy and Natural Resources of the Senate.

SEC. 5814. Interagency report on extremist activity.

(a) In general.—Not later than 180 days after the date of enactment of this Act, and every 6 months thereafter, the Director of the Federal Bureau of Investigation, the Secretary of Homeland Security, and the Secretary of Defense shall publish a report that analyzes and sets out strategies to combat White supremacist and neo-Nazi activity in the uniformed services and Federal law enforcement agencies.

(b) Report.—

(1) IN GENERAL.—The Director of the Federal Bureau of Investigation, the Secretary of Homeland Security, and the Secretary of Defense shall submit a joint report detailing Executive-wide plans described in subsection (a) that includes—

(A) the number of individuals discharged from the uniformed services due to incidents related to White supremacy and neo-Nazi activity;

(B) for each instance included in the total number in subparagraph (A), a description of the circumstances that led to the separation of servicemembers from the uniformed services due to White supremacy and neo-Nazi activity;

(C) the number of Federal law enforcement officers separated from federal agencies due to incidents related to White supremacy or neo-Nazi activity;

(D) for each instance included in the total number in subparagraph (C), a description of the circumstances that led to the separation of Federal law enforcement officers from federal agencies due to White supremacy and neo-Nazi activity;

(E) the response of the Director of the Federal Bureau of Investigation, the Secretary of Homeland Security, and the Secretary of Defense to planned or effectuated incidents that have a nexus to White supremacist and neo-Nazi ideology involving those described in subparagraphs (B) and (D); and

(F) specific plans to address such incidents described in this subsection within uniformed services and Federal law enforcement agencies.

(2) TRANSMISSION.—The Director of the Federal Bureau of Investigation, the Secretary of Homeland Security, and the Secretary of Defense shall transmit each report described in paragraph (1) to—

(A) the Committee on the Judiciary of the Senate;

(B) the Committee on Homeland Security and Governmental Affairs of the Senate;

(D) the Committee on Armed Services of the Senate;

(E) the Committee on the Judiciary of the House of Representatives;

(F) the Committee on Homeland Security of the House of Representatives;

(G) the Permanent Select Committee on Intelligence of the House of Representatives; and

(H) the Committee on Armed Services of the House of Representatives.

(3) CLASSIFICATION AND PUBLIC RELEASE.—The report submitted under paragraph (1) shall be—

(A) submitted in unclassified form, to the greatest extent possible, with a classified annex only if necessary; and

(B) in the case of the unclassified portion of the report, posted on the public website of the Department of Defense, the Department of Homeland Security, the Department of Justice, and the Federal Bureau of Investigation.

SEC. 5815. Reporting on previous Federal Bureau of Investigation and Department of Homeland Security requirements.

(a) Report required.—Not later than 60 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation and the Secretary of Homeland Security, in consultation with the Office of the Director of National Intelligence, shall submit to the appropriate congressional committees a report on the processes needed to regularly report to Congress on domestic terrorism threats pursuant to Section 5602 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92).

(b) Data limitations.—In the event that data internal to the Federal Bureau of Investigation and Department of Homeland Security on completed or attempted acts of domestic terrorism from January 1, 2009, to December 31, 2014 is incomplete or inconsistent, the Director of the Federal Bureau of Investigation and the Secretary of Homeland Security shall engage with State, local, Tribal, and territorial partners, academic institutions, non-profit organizations, and the private sector with expertise in domestic terrorism threats and acts to provide the most accurate and consistent information for the report required under subsection (a).

(c) GAO report.— Not later than 180 days after the date of the enactment of this Act, the Government Accountability Office shall produce a report providing a full review of the Federal Bureau of Investigation’s, the Secretary of Homeland Security’s, and the Office of the Director of National Intelligence’s compliance with domestic terrorism transparency mechanisms required by Federal law, including the National Defense Authorization Act for Fiscal Year 2020.

(d) Definitions.—In this section, the ter “appropriate congressional committees” means—

(1) the Committee on Homeland Security and Governmental Affairs of the Senate;

(2) the Committee on the Judiciary of the Senate;

(3) the Select Committee on Intelligence of the Senate;

(4) the Committee on Homeland Security of the House of Representatives;

(5) the Committee on the Judiciary of the House of Representatives; and

(6) the Permanent Select Committee on Intelligence of the House of Representatives.

SEC. 5816. PFAS data call.

Section 8(a)(7) of the Toxic Substances Control Act (15 U.S.C. 2607(a)(7)) is amended by inserting “that contains at least one fully fluorinated carbon atom,” after “perfluoroalkyl or polyfluoroalkyl substance”.

SEC. 5817. Prohibition on contracting with persons with willful or repeated violations of the Fair Labor Standards Act of 1938.

(a) Initiation of debarment proceedings.—

(1) IN GENERAL.—The Secretary of Labor shall initiate a debarment proceeding with respect to a covered person for whom information regarding two or more willful or repeated violations of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) (as determined by a disposition described under subsection (c)(1) of section 2313 of title 41, United States Code, and issued in the last five years) is included in the database established under subsection (a) of such section.

(2) LENGTH OF DEBARMENT.—Notwithstanding any other provision of law, the Secretary of Labor may determine the length of a debarment under paragraph (1).

(b) Databases.—Not later than 180 days after the date of enactment of this Act, the Secretary of Labor shall ensure that the enforcement and compliance databases of the Department of Labor—

(1) identify persons that have been finally adjudicated to have violated labor laws;

(2) list each person, identified by the tax identification number of the person, that is suspended or debarred for a violation of a labor law; and

(3) are accessible to contracting officers and suspension and debarment officials at all Federal agencies.

(1) when renewing or awarding a contract, to check the database in subsection (b) for suspensions or debarments described under that subsection when determining present responsibility and conducting a past performance evaluation;

(2) to enter relevant information from the database in subsection (b) into past performance evaluations in the Contractor Performance Assessment and Reporting System; and

(3) to coordinate with the Labor Advisor of the agency and consult with experts regarding alleged violations of labor law.

(d) Definitions.—In this section—

(1) the term “covered person” means any individual, enterprise, or firm applying for a contract worth $500,000 or more;

(2) the term “Federal agency” has the meaning given that term in section 102 of title 40, United States Code;

(3) the term “labor law” includes—

(A) subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the “Davis Bacon Act”);

(B) chapter 67 of subtitle II of title 41, United States Code (commonly referred to as the “Services Contracting Act”); and

(4) the term “willful” has the meaning given that term in section 578.3 of title 29, Code of Federal Regulations.

SEC. 5818. Report on human rights in the Philippines.

Not later than 180 days after the date of the enactment of this Act, the Secretary of State, shall submit to the congressional defense committees a report that includes the following:

(1) An assessment of extrajudicial killings and other human rights violations committed by the Philippines military, police, and paramilitary forces, specifically violations against trade unionists, journalists, human rights defenders, critics of the government, faith and religious leaders, and other civil society activists.

(2) A description of the human rights climate in the Philippines; an assessment of the Philippines military, police, and paramilitary forces’ adherence to human rights; and an analysis of such forces’ role in the practice of “red-tagging”, including against United States citizens.

SEC. 5819. Requirement for the Secretary of Housing and Urban Development to annually report complaints of sexual harassment.

(a) Requirement to annually report complaints of sexual harassment.—

(1) ANNUAL REPORT.—Section 808(e)(2) of the Fair Housing Act (42 U.S.C. 3608(e)(2)) is amended—

(A) in subparagraph (A) by striking “and” at the end;

(B) in subparagraph (B)(iii) by striking the semicolon and inserting “; and”; and

“(C) containing tabulations of the number of instances in the preceding year in which complaints of discriminatory housing practices were filed with the Department of Housing and Urban Development or a fair housing assistance program, including identification of whether each complaint was filed with respect to discrimination based on race, color, religion, national origin, sex, handicap, or familial status.”.

(2) SEXUAL HARASSMENT.—Section 808 of the Fair Housing Act (42 U.S.C. 3608) is amended by adding at the end the following new subsection:

“(g) In carrying out the reporting obligations under this section, the Secretary shall—

“(1) consider a complaint filed with respect to discrimination based on sex to include any complaint filed with respect to sexual harassment; and

“(2) in reporting the instances of a complaint filed with respect to discrimination based on sex under subsection (e)(2)(C), include a disaggregated tabulation of the total number of such complaints filed with respect to sexual harassment.”.

(3) INITIATIVE TO COMBAT SEXUAL HARASSMENT IN HOUSING.—Title IX of the Fair Housing Act (42 U.S.C. 3631) is amended by adding at the end the following:

“SEC. 902. Initiative to combat sexual harassment in housing.

“The Attorney General shall establish an initiative to investigate and prosecute an allegation of a violation under this Act with respect to sexual harassment.”.

SEC. 5820. Department of Labor study on factors affecting employment opportunities for immigrants and refugees with professional credentials obtained in foreign countries.

(a) Study required.—

(1) IN GENERAL.—The Secretary of Labor, in coordination with the Secretary of State, the Secretary of Education, the Secretary of Health and Human Services, the Secretary of Commerce, the Secretary of Homeland Security, the Administrator of the Internal Revenue Service, and the Commissioner of the Social Security Administration, shall conduct a study of the factors affecting employment opportunities in the United States for applicable immigrants and refugees who have professional credentials that were obtained in a country other than the United States.

(2) WORK WITH OTHER ENTITIES.—The Secretary of Labor shall seek to work with relevant nonprofit organizations and State agencies to use the existing data and resources of such entities to conduct the study required under paragraph (1).

(3) LIMITATION ON DISCLOSURE.—Any information provided to the Secretary of Labor in connection with the study required under paragraph (1)—

(A) may only be used for the purposes of, and to the extent necessary to ensure the efficient operation of, such study; and

(B) may not be disclosed to any other person or entity except as provided under this subsection.

(b) Inclusions.—The study required under subsection (a)(1) shall include—

(1) an analysis of the employment history of applicable immigrants and refugees admitted to the United States during the 5-year period immediately preceding the date of the enactment of this Act, which shall include, to the extent practicable—

(A) a comparison of the employment applicable immigrants and refugees held before immigrating to the United States with the employment they obtained in the United States, if any, since their arrival; and

(B) the occupational and professional credentials and academic degrees held by applicable immigrants and refugees before immigrating to the United States;

(2) an assessment of any barriers that prevent applicable immigrants and refugees from using occupational experience obtained outside the United States to obtain employment in the United States;

(3) an analysis of available public and private resources assisting applicable immigrants and refugees who have professional experience and qualifications obtained outside of the United States to obtain skill-appropriate employment in the United States; and

(4) policy recommendations for better enabling applicable immigrants and refugees who have professional experience and qualifications obtained outside of the United States to obtain skill-appropriate employment in the United States.

(1) submit a report to Congress that describes the results of the study conducted pursuant to subsection (a); and

(2) make such report publicly available on the website of the Department of Labor.

(d) Definitions.—In this section:

(1) The term “applicable immigrants and refugees”—

(A) means individuals who—

(i) (I) are not citizens or nationals of the United States; and

(II) are lawfully present in the United States and authorized to be employed in the United States; or

(ii) are naturalized citizens of the United States who were born outside of the United States and its outlying possessions; and

(B) includes individuals described in section 602(b)(2) of the Afghan Allies Protection Act of 2009 (title VI of division F of Public Law 111–8; 8 U.S.C. 1101 note).

(2) Except as otherwise defined in this section, terms used in this section have the definitions given such terms under section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)).

SEC. 5821. Sense of Congress and statement of policy on Haiti.

(a) Findings.—Congress finds the following:

(1) Since 2018, the ruling PHTK has presided over increasing instability, displacement, and poverty in Haiti stemming from, among other reasons—

(A) systematic dismantlement of the judicial system;

(B) a non-functioning parliamentary system;

(D) gang rule of large parts of Haiti; daily kidnappings for ransom;

(E) widespread sexual violence against women, girls and marginalized people;

(F) grand corruption;

(G) state violence against protesters;

(H) unsafe conditions for workers;

(I) diminished access to water, food, healthcare and education; and

(J) unnatural devastation from natural disasters.

(2) Government-supported violence in Haiti has forced large numbers of Haitians to flee the country, including to the United States.

(3) Independent human rights organizations and the media have documented PHTK collusion with gang activity through—

(A) the participation of PHTK officials in gang attacks;

(B) the use of police vehicles in gang activities; and

(C) systemic refusals by the police to interfere in gang attacks and the justice system to prosecute gang members and government officials credibly accused of participating in massacres.

(4) In 2021, the United States together with the international community installed PHTK official Ariel Henry as the Prime Minister and thus de facto head of Government of Haiti following the assassination of President Jovenel Moise.

(b) Sense of Congress.—It is the sense of Congress that the security, freedom, and well-being of Haitians are intertwined with that of the people of the United States, and United States interests are not served by an unstable or unsafe Haiti.

(1) to support a Haitian-led solution to the current crisis;

(2) that the people of Haiti must be empowered to choose their leaders and govern Haiti free from foreign interference; and

(3) to support the sustainable rebuilding and development of Haiti in a manner that promotes efforts led and supported by the people and Government of Haiti at all levels, so that Haitians lead the course of reconstruction and development of Haiti.

SEC. 5822. Correctional Facility Disaster Preparedness.

(a) Definitions.—In this section, the term “major disaster” means—

(1) 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); or

(2) any natural disaster or extreme weather or public health emergency event that—

(A) would activate the use of any Bureau of Prisons 18 contingency plans; and

(B) the Bureau of Prisons determines is a major disaster.

(b) Bureau of prisons annual summary report of disaster damage.—

(1) IN GENERAL.—The Director of the Bureau of Prisons shall submit to the Committee on Appropriations, the Committee on the Judiciary, and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Appropriations, the Committee on the Judiciary, and the Committee on Homeland Security of the House of Representatives an annual summary report of disaster damage on the scope of physical damage from a major disaster in each Bureau of Prisons facility and its contract prisons impacted or struck by a major disaster that explains the effects of the damage on inmates and staff, including—

(A) data on injury and loss of life of inmates and staff;

(B) access to health and medical care, food, special dietary needs, drinkable water, personal protective equipment, and personal hygiene products;

(C) guidance used to adjudicate early release or home confinement requests, data on early release or home confinement approvals, denials, and justification for denials;

(D) an explanation as to whether using home confinement or early release was considered;

(E) access to cost-free and uninterrupted visitation with legal counsel and visitors with justifications for facility decisions that resulted in suspended or altered visitations;

(F) access to appropriate accommodations for inmates with disabilities;

(G) access to educational and work programs;

(H) inmate grievances;

(I) assessment of the cost of the damage to the facility and estimates for repairs;

(J) the impact on staffing, equipment, and financial resources; and

(K) other factors relating to the ability of the Bureau of Prisons and any existing contract prison to uphold the health, safety, and civil rights of the correctional population.

(2) CORRECTIVE ACTION PLAN.—The report required under paragraph (1) shall include agency corrective actions that the Bureau of Prisons will take to improve and modernize emergency preparedness plans, as they relate to natural disasters, extreme weather, and public health emergencies and a timeline to implement the corrective action plan.

(3) RECOMMENDATIONS.—The report required under paragraph (1) shall include specific legislative recommendations to Congress for improving emergency preparedness plans within the Bureau of Prisons.

(4) APPOINTMENT.—Not later than 90 days after the enactment of this section, the Director of the Bureau of Prisons shall appoint an official of the Bureau of Prisons responsible for carrying out the corrective action plan.

(1) in subsection (c)—

(A) in the matter preceding paragraph (1), by striking “ten” and inserting “13”; and

(B) by adding at the end the following:

“(3) One shall have served a sentence in either a Federal or State correctional facility or have a professional background advocating on the behalf of formerly incarcerated or incarcerated individuals.

“(4) One shall have a background as an emergency response coordinator that has created an emergency management accreditation program.

“(5) One shall have an educational and professional background in public health working with communicable diseases.”; and

(2) by adding at the end the following:

“(i) Field hearing.—Not later than 1 year after the date of enactment of this subsection, the National Institute of Corrections shall conduct at least one public field hearing on how correctional facilities can incorporate in their emergency preparedness plans and recovery efforts—

“(1) inmate access to medical care, food, drinkable water, personal protective equipment, and personal hygiene products;

“(2) consideration by staff of using home confinement or early release;

“(3) inmate access to cost-free and uninterrupted visitation with legal counsel and visitors with clear standards for when facilities may suspend or alter visitations;

“(4) inmate access to appropriate accommodations for inmates with disabilities;

“(5) use of Federal funding to restore disaster-damaged correctional facilities; and

“(6) incorporation by staff of risk management best practices, such as those made available under the relevant agencies of the Federal Emergency Management Administration, Department of Health and Human Services, and the Government Accountability Office to enhance emergency preparedness plans.”.

SEC. 5823. Nondiscrimination in Federal hiring for veteran medical cannabis users; Authorized provision of information on State-approved marijuana programs to veterans.

(a) In general.—It shall be unlawful for a “veteran”, as defined in title 38, section 101(2) of the United States Code, to be excluded from employment in the Federal Government solely because the veteran consumes or has consumed cannabis, as defined in the Controlled Substances Act, or anywhere in the United States Code. For the purposes determining if a person is a veteran under this provision, an other than honorable, bad conduct, or dishonorable release premised solely on a nonviolent cannabis charge or conviction shall be construed as a general discharge.

(b) Authorized provision of information.—Notwithstanding the provisions of the Controlled Substances Act (21 U.S.C. 801 et seq.) or any other Federal, State, or local law regulating or prohibiting the provision of information on marijuana, the Secretary of Veterans Affairs shall authorize physicians and other health care providers of the Veterans Health Administration of the Department of Veterans Affairs to provide to veterans who are residents of States with State-approved marijuana programs information regarding the participation of such veterans in such programs and to recommend their participation in such programs.

(1) The term “information” includes details such as informational materials, internet websites, and relevant contact information for State-approved marijuana programs.

(2) The term “marijuana” has the meaning given the term “marihuana” in section 102 of the Controlled Substances Act (21 U.S.C. 802).

(3) The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, any territory, Federal enclave, or possession of the United States, and each federally recognized Indian Tribe.

(4) The term “nonviolent cannabis charge or conviction” shall include any nonviolent offense or offenses involving marijuana, or tetrahydrocannabinols and any related nonviolent offenses or convictions that would not have satisfied all elements of the charged offense or offenses but for the involvement of these substances except for any offenses or convictions where it has been established in court that the individual was associated with a foreign drug cartel or operating a motor vehicle under the influence of a drug or alcohol within the meaning of section 13(b) of title 18,United States Code, n offense of operating or being in actual physical control of a motor vehicle within the meaning of title 36, section 4.23 of the Code of Federal Regulations, or drunken or reckless operation of vehicle, aircraft or vessel within the meaning of article 111 of the Uniform Code of Military Justice, section 911 of title 10, United States Code.

SEC. 5824. Report on certain entities connected to foreign persons on the murder of Jamal Khashoggi.

(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 heads of appropriate agencies, shall submit to the appropriate congressional committees a report on private, commercial, and nongovernmental entities, including non-profit foundations, controlled in whole or in part by any foreign person named in the Office of the Director of National Intelligence report titled “Assessing the Saudi Government’s Role in the Killing of Jamal Khashoggi”, dated February 11, 2021.

(b) Matters to be included.—The report required by subsection (a) shall include the following:

(1) A description of such entities.

(2) A detailed assessment, based in part on credible open sources and other publicly-available information, of the roles, if any, such entities played in the murder of Jamal Khashoggi or any other gross violations of internationally recognized human rights.

(3) A certification of whether any such entity is subject to sanctions pursuant to the Global Magnitsky Human Rights Accountability Act (22 U.S.C. 2656 note).

(c) Form.—The report required by subsection (a) 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 Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and

(2) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate.

SEC. 5825. Review of implementation of United States sanctions with respect to violators of the arms embargo on Libya.

(a) Report.—Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees an unclassified report that describes whether the President has determined the persons described in subsection (b) meet the criteria for the imposition of sanctions under section 1(a) of Executive Order 13726 (81 Fed. Reg. 23559; relating to blocking property and suspending entry into the United States of persons contributing to the situation in Libya).

(b) Persons.—For purposes of the determination required under subsection (a), the President shall consider all private companies listed for facilitating violations of the United Nations arms embargo on Libya in the report of the United Nations Panel of Experts entitled “Letter dated 8 March 2021 from the Panel of Experts on Libya established pursuant to resolution 1973 (2011) addressed to the President of the Security Council” and “Letter dated 24 May 2022 from the Panel of Experts on Libya established pursuant to resolution 1973 (2011) addressed to the President of the Security Council”, including the following:

(1) Maritime vessels.

(2) Corporate facilitators of arms embargo violations.

(3) Aircraft operators.

(4) Mercenary recruiters and facilitators.

(c) 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. 5826. Modification of prior notification of shipment of arms.

Subsection (i) of section 36 of the Arms Export Control Act (22 U.S.C. 2776) is amended to read as follows:

“(i) Prior notification of shipment of arms.—At least 30 days prior to the initial and final shipment of a sale of defense articles subject to the requirements of subsection (b), the President shall provide notification of such pending shipment, in unclassified form, with a classified annex as necessary, to the Chairperson and Ranking Member of the Committee on Foreign Relations of the Senate and the Chairperson and Ranking Member of the Committee on Foreign Affairs of the House of Representatives.”.

SEC. 5827. Study and report on feasability of suspension of mergers, acquisitions, and takeovers of certain foreign surveillance companies.

(a) In general.—The Secretary of Commerce, in consultation with the Secretary of the Treasury, the Secretary of State, the Secretary of Defense, the Director of National Intelligence, and the heads of other relevant agencies, shall—

(1) study the feasibility of using existing authorities to implement a suspension of any merger, acquisition, or takeover that would result in control, including full or partial ownership of some or all assets, of a covered foreign entity described in subsection (c) by a United States person; and

(2) submit to the appropriate congressional committees a report on the results of such study.

(b) Matters to be included.—The study and report required by subsection (a) shall include the following:

(1) An assessment of whether the President or Executive branch agencies have the authority to implement a suspension as described in subsection (a) and what additional authorities would be required if needed.

(2) An assessment of whether the President or Executive branch agencies could lift a suspension only if a determination is made that the merger, acquisition, or takeover described in subsection (a)—

(A) does not pose a significant counterintelligence or national security risk to the United States or United States treaty allies, including an undue risk of subversion of the United States intelligence community or United States national security interests through the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of targeted digital surveillance technologies;

(B) does not seek or intend to evade or circumvent United States export control laws, including through a transaction, transfer, agreement or arrangement intended or designed to limit exposure to United States export controls; or

(c) Covered foreign entity described.—A covered foreign entity described in this subsection is an entity, including a subsidiary or affiliate of the entity, that—

(1) is organized under the laws of or having its principal place of business in a foreign country;

(2) develops, sells, or otherwise controls proprietary technology, including non-sensitive technologies, related to targeted digital surveillance capabilities; and

(3) is included on the list maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations.

(d) Definitions.—In this section:

(1) CONTROL.—The term “control’” means the power, direct or indirect, whether exercised or not exercised, to determine, direct, or decide important matters affecting an entity, subject to regulations prescribed by the Secretary of Commerce.

(2) INTELLIGENCE COMMUNITY.—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)).

(3) TARGETED DIGITAL SURVEILLANCE.—The term “targeted digital surveillance” means the use of items or services that enable an individual or entity (with or without the knowing authorization of the product’s owner) to detect, monitor, intercept, collect, exploit, preserve, protect, transmit, retain, or otherwise gain access to the communications, sensitive or protected information, work product, browsing data, research, identifying information, location history, and online and offline activities of other individuals, organizations, or entities.

(4) 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 of any jurisdiction of the United States, including a foreign branch of such an entity.

SEC. 5828. Report on political prisoners in Egypt.

(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 Director of National Intelligence, shall submit to the appropriate congressional committees a report on the status of political prisoners in Egypt.

(b) Matters to be included.—The report required by subsection (a) shall include a detailed assessment of how many individuals are detained, imprisoned, or the victim of an enforced disappearance in Egypt, including individuals who—

(1) are human rights defenders;

(2) are detained, imprisoned, or otherwise physically restricted because of their political, religious, other conscientiously-held beliefs, or their identity;

(3) are prisoners who are arbitrarily detained;

(4) are victims of enforced disappearance or are reasonably suspected of being detained or imprisoned in a secret location; or

(5) have been subject to torture or other gross violations of human rights while detained or imprisoned.

(c) Form.—The report required by subsection (a) shall be submitted in unclassified form, but portions of the report described in subsection (b) may contain a classified annex, so long as such annex is provided separately from the unclassified report.

SEC. 5829. Attorney General authority to transfer forfeited Russian assets to assist Ukraine.

(a) Authorization.—Subject to appropriations for such purpose, the Attorney General may transfer to the Secretary of State the proceeds of any covered forfeited property for use by the Secretary of State to provide assistance to Ukraine to remediate the harms of Russian aggression towards Ukraine. Any such transfer shall be considered foreign assistance under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.).

(b) Report.—The Attorney General, in consultation with the Secretary of the Treasury and the Secretary of State, shall provide a semiannual report to the appropriate congressional committees on any transfers made pursuant to subsection (a).

(1) The term “covered forfeited property” means property seized by the Department of Justice under chapter 46 or section 1963 of title 18, United States Code, which property belonged to or was possessed by a person subject to sanctions and designated by the Secretary of Treasury or the Secretary of State, pursuant to Executive Order 14024, and as expanded by Executive Order 14066 of March 8, 2022, and relied on for additional steps taken in Executive Order 14039 of August 20, 2021, and Executive Order 14068 of March 11, 2022.

(2) The term “appropriate congressional committees” means—

(A) the Committees on the Judiciary of the House of Representatives and of the Senate;

(B) the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate;

(D) the Committees on Appropriations of the House of Representatives and of the Senate.

(d) Sunset.—The authority under this section shall apply to any covered forfeited property seized on or before the date of the enactment of this Act and on or before May 1, 2025.

SEC. 5830. Removing Russian rough diamonds from global markets.

(a) Sense of congress.—It is the sense of Congress that the Secretary of State, in coordination with the Secretary of the Treasury and the heads of all other relevant interagency partners, should instruct the United States representatives at each international institution as follows:

(1) To use the voice and vote of the United States to expel Russia from the Kimberley Process to ensure that Russian source and origin rough diamonds are not used to finance Russia’s war in Ukraine or to circumvent United States sanctions.

(2) To engage the current chair of the Kimberley Process to ensure that Russia’s exclusion from the process is brought to a formal decision in a timely manner.

(3) To use the role of the United States in the Working Group on Monitoring in the Kimberley Process to ensure that Kimberley Process compliance obligations include assessments on tractability and provenance of potential Russian diamonds moving through a particular country’s compliance system.

(4) To work with other participants in the Kimberley Process, including partner countries that provide avenues for sanctioned Russian oligarchs to protect their wealth, to develop a coordinated policy with respect to ensuring Russian rough diamonds, precious metals, or other assets are not used to circumvent United States sanctions on Russian oligarchs.

(b) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Treasury and the Department of Homeland Security, shall submit to the appropriate congressional committees a report on the implementation of United States sanctions of Russian diamond companies that includes the following:

(1) An assessment on how specific countries are implementing sanctions imposed with respect to the Russian state-owned enterprise Alrosa and other sanctioned Russian diamond companies, including in particular the countries that—

(A) receive security assistance from the United States authorized under title 10, United States Code, or under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.); and

(B) have signed a collective defense arrangement with the United States.

(2) A list of which countries wealthy Russian oligarchs, sanctioned or otherwise, have emigrated to following the outbreak of the war in Ukraine.

(3) An assessment on how implementation and enforcement of the sanctions imposed with respect to Alrosa can be strengthened, including through mechanisms for traceability.

(c) Resources.—In completing the report required by subsection (b), the relevant departments shall directly engage with key industry associations and members, including grading laboratories, on matters of technical importance, including traceability and provenance.

SEC. 5831. Liu Xiaobo Fund for Study of the Chinese language.

(a) Sense of Congress.—It is the sense of Congress that—

(1) as a substitute to Confucius Institutes, the United States Government should invest heavily into alternative programs and institutions that ensure there remains a robust pipeline of Americans learning China’s many languages; and

(2) in a 21st century that will be dominated by a strategic competition between the United States and China, it is in the national security interests of the United States to ensure that Americans continue to invest in Chinese language skills, as well as Tibetan, Uyghur, and Mongolian languages, while ensuring they can do so in a context free of malign political influence from foreign state actors.

(b) Establishment of the Liu Xiaobo Fund for Study of the Chinese Language.—The Secretary of State shall establish in the Department of State the “Liu Xiaobo Fund for Study of the Chinese Language” to fund study by United States persons of Mandarin and Cantonese Chinese, Tibetan, Uyghur, Mongolian, and other contemporary spoken languages of China, abroad or in the United States.

(c) Authorization of appropriations.—There are authorized to be appropriated to the Department of State for fiscal year 2021 and every fiscal year thereafter, $10,000,000 to carry out the Liu Xiaobo Fund for Study of the Chinese Language.

(d) Required activities.—Amounts authorized to be appropriated pursuant to subsection (c) shall—

(1) be designed to advance the national security and foreign policy interests of the United States, as determined by the Secretary of State;

(2) favor funding mechanisms that can maximize the total number of United States persons given the opportunity to acquire full conversational linguistic proficiency in Mandarin and Cantonese Chinese, Tibetan, Uyghur, Mongolian, and other contemporary spoken languages of China;

(3) favor funding mechanisms that provide opportunities for such language study to areas traditionally under-served by such opportunities;

(4) be shaped by an ongoing consultative process taking into account design inputs of—

(A) civil society institutions, including Chinese diaspora community organizations;

(B) language experts in Mandarin and Cantonese Chinese, Tibetan, Uyghur, Mongolian, and other contemporary spoken languages of China;

(D) human rights organizations; and

(5) favor opportunities to fund the study of Mandarin and Cantonese Chinese, Tibetan, Uyghur, Mongolian, and other contemporary spoken languages of China at Alaska Native-serving institutions, Asian American and Native American Pacific Islander-serving institutions, Hispanic-serving institutions, historically Black college or universities, Native American-serving nontribal institutions, Native Hawaiian-serving institutions, Predominantly Black institutions, Tribal Colleges or Universities.

(e) Report.—

(1) IN GENERAL.—Not later than 120 days after the date of the enactment of this Act and annually thereafter for five years, the Secretary of State, in consultation with the heads of appropriate Federal departments and agencies, as appropriate, shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report detailing activities and disbursements made to carry out this Act over the immediately preceding academic year.

(2) REPORT CONTENTS.—Each report required under paragraph (1) shall include details on—

(A) which institutions, programs, or entities received funds through the Liu Xiaobo Fund for Study of the Chinese Language;

(B) funds distribution disaggregated by institution, program, or entity, including identification of the State or country in which such institution, program, or entity is located;

(C) the number of United States persons who received language study under the Liu Xiaobo Fund for Study of the Chinese Language, and the average amount disbursed per person for such study;

(D) a comparative analysis of per dollar program effectiveness and efficiency in allowing United States persons to reach conversational proficiency Mandarin or Cantonese Chinese, Tibetan, Uyghur, Mongolian, or other contemporary spoken languages of China;

(E) an analysis of which of the languages referred to in subparagraph (D) were studied through the funding from the Liu Xiaobo Fund for Study of the Chinese Language; and

(F) any recommendations of the Secretary of State for improvements to the authorities, priorities, or management of the Liu Xiaobo Fund for Study of the Chinese Language.

(f) Interagency funds transfers authorization.—Amounts authorized to be appropriated to the Secretary of State to carry out this Act are authorized to be transferred to the heads of other appropriate Federal departments and agencies for similar purposes, subject to prior notification to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. Such heads shall consult with the Secretary in the preparation of the report required under subsection (e).

(g) Limitations.—Amounts authorized to be appropriated to carry out this Act may only be made available for the costs of language study funded and administration incurred by the Department of State or programs carried out by the Department of State (or by another Federal department or agency pursuant to subsection (f)) to carry out this section.

(h) Offset.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated for Operations and Maintenance, Defense-Wide, as specified in the corresponding funding table in section 4301, is hereby reduced by $10,000,000.

(i) Definitions.—In this section:

(1) The term “Alaska Native-serving institution” has the meaning given such term in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b))

(2) The term “Asian American and Native American Pacific Islander-serving institution” has the meaning given such term in section 371(c) of the Higher Education Act of 1965 (20 U.S.C. 1067q(c)).

(3) The term “Hispanic-serving institution” has the meaning given such term in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101a).

(4) The term “historically Black college or university” means a part B institution described in section 322(2) of the Higher Education Act of 1965 (22 U.S.C. 1061(2)).

(5) The term “Native American-serving nontribal institution” has the meaning given such term in section 371(c) of the Higher Education Act of 1965 (20 U.S.C. 1067q(c)).

(6) The term “Native Hawaiian-serving institution” has the meaning given such term in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)).

(7) The term “Predominantly Black institution” has the meaning given such term in section 371(c) of the Higher Education Act of 1965 (20 U.S.C. 1067q(c)).

(8) The term “Tribal College or University” has the meaning given such term in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)).

SEC. 5832. Access for Veterans to Records.

(a) Plan to eliminate records backlog at the National Personnel Records Center.—

(1) PLAN REQUIRED.—Not later than 60 days after the date of the enactment of this Act, the Archivist of the United States shall submit to the appropriate congressional committees a comprehensive plan for reducing the backlog of requests for records from the National Personnel Records Center and improving the efficiency and responsiveness of operations at the National Personnel Records Center, that includes, at a minimum, the following:

(A) An estimate of the number of backlogged record requests for veterans.

(B) Target timeframes to reduce the backlog.

(C) A detailed plan for using existing funds to improve the information technology infrastructure, including secure access to appropriate agency Federal records, to prevent future backlogs.

(D) Actions to improve customer service for requesters.

(E) Measurable goals with respect to the comprehensive plan and metrics for tracking progress toward such goals.

(F) Strategies to prevent future record request backlogs, including backlogs caused by an event that prevents employees of the Center from reporting to work in person.

(2) UPDATES.—Not later than 90 days after the date on which the comprehensive plan is submitted under paragraph (1), and biannually thereafter until the response rate by the National Personnel Records Center reaches 90 percent of all requests in 20 days or less, not including any request involving a record damaged or lost in the National Personnel Records Center fire of 1973 or any request that is subject to a fee that has not been paid in a timely manner by the requestor (provided the National Personnel Records Center issues an invoice within 20 days after the date on which the request is made), the Archivist of the United States shall submit to the appropriate congressional committees an update of such plan that—

(A) describes progress made by the National Personnel Records Center during the preceding 90-day period with respect to record request backlog reduction and efficiency and responsiveness improvement;

(B) provides data on progress made toward the goals identified in the comprehensive plan; and

(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 section, the term “appropriate congressional committees” means—

(A) the Committee on Oversight and Reform and the Committee on Veterans’ Affairs of the House of Representatives; and

(B) the Committee on Homeland Security and Governmental Affairs and the Committee on Veterans’ Affairs 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.—Not later than 30 days after the date of the enactment of this Act, the Archivist of the United States shall ensure 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, a detailed summary of—

(A) efforts taken by the National Archives and Records Administration to address the backlog of records requests at the National Personnel Records Center; and

(B) any recommendations for action proposed by the Inspector General related to reducing the backlog of records requests at the National Personnel Records Center and the status of compliance with those recommendations by the National Archives and Records Administration.

SEC. 5833. Japanese American confinement education grants.

Public Law 109–441 (120 Stat. 3290) is amended—

(1) in section 2, by adding at the end the following:

“(4) JAPANESE AMERICAN CONFINEMENT EDUCATION GRANTS.—The term ‘Japanese American Confinement Education Grants’ means competitive grants, awarded through the Japanese American Confinement Sites Program, for Japanese American organizations to educate individuals, including through the use of digital resources, in the United States on the historical importance of Japanese American confinement during World War II, so that present and future generations may learn from Japanese American confinement and the commitment of the United States to equal justice under the law.

“(5) JAPANESE AMERICAN ORGANIZATION.—The term ‘Japanese American organization’ means a private nonprofit organization within the United States established to promote the understanding and appreciation of the ethnic and cultural diversity of the United States by illustrating the Japanese American experience throughout the history of the United States.”; and

(2) in section 4—

(A) by inserting “(a) In general.—” before “There are authorized”;

(B) by striking “$38,000,000” and inserting “$80,000,000”; and

“(b) Japanese American Confinement Education Grants.—

“(1) IN GENERAL.—Of the amounts made available under this section, not more than $10,000,000 shall be awarded as Japanese American Confinement Education Grants to Japanese American organizations. Such competitive grants shall be in an amount not less than $750,000 and the Secretary shall give priority consideration to Japanese American organizations with fewer than 100 employees.

“(2) MATCHING REQUIREMENT.—

“(A) FIFTY PERCENT.—Except as provided in subparagraph (B), for funds awarded under this subsection, the Secretary shall require a 50 percent match with non-Federal assets from non-Federal sources, which may include cash or durable goods and materials fairly valued, as determined by the Secretary.

“(B) WAIVER.—The Secretary may waive all or part of the matching requirement under subparagraph (A), if the Secretary determines that—

“(i) no reasonable means are available through which an applicant can meet the matching requirement; and

“(ii) the probable benefit of the project funded outweighs the public interest in such matching requirement.”.

SEC. 5834. Reporting on internationally recognized human rights in the United States in the annual Country Reports on Human Rights Practices.

Section 116 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n) is amended by adding at the end the following:

“(h) Internationally recognized human rights in the United States.—The report required by subsection (d) shall include a section that provides a list of reports published during the prior year by United States government agencies on the status of internationally recognized human rights in the United States, including reports issued by the Department of Justice, the Department of Homeland Security and the United States Commission on Civil Rights.”.

SEC. 5835. Export prohibition of 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 “December 31, 2021” and inserting the following: “December 31, 2024”.

SEC. 5836. Congressional notification for rewards paid using cryptocurrencies.

(a) In general.—Section 36(e)(6) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(e)(6)) is amended by adding at the end the following new sentence: “Not later than 15 days before making a reward in a form that includes cryptocurrency, the Secretary of State shall notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate of such form for the reward.”.

(b) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the use of cryptocurrency as a part of the Department of State Rewards program established under section 36(a) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(a)) that—

(1) justifies any determination of the Secretary to make rewards under such program in a form that includes cryptocurrency;

(2) lists each cryptocurrency payment made under such program as of the date of the submission of the report;

(3) provides evidence of the manner and extent to which cryptocurrency payments would be more likely to induce whistleblowers to come forward with information than rewards paid out in United States dollars or other forms of money or nonmonetary items; and

(4) examines whether the Department’s use of cryptocurrency could provide bad actors with additional hard-to-trace funds that could be used for criminal or illicit purposes.

SEC. 5837. 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, the Secretary of State, acting through the Special Envoy on North Korean Human Rights Issues, 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.

SEC. 5838. 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 new paragraph:

“(6) the provision of safe and secure access to sanitation facilities, with a special emphasis on women, girls, and vulnerable populations.”.

SEC. 5839. Blackwater Trading Post Land.

(a) Definitions.—In this section:

(1) The term “Blackwater Trading Post Land” means the approximately 55.3 acres of land as depicted on the map that—

(A) is located in Pinal County, Arizona, and bordered by Community land to the east, west, and north and State Highway 87 to the south; and

(B) is owned by the Community.

(2) The term “Community” means the Gila River Indian Community of the Reservation.

(3) The term “map” means the map entitled “Results of Survey, Ellis Property, A Portion of the West ½ of Section 12, Township 5 South, Range 7 East, Gila and Salt River Meridian, Pinal County, Arizona” and dated October 15, 2012.

(4) The term “Reservation” means the land located within the exterior boundaries of the reservation created under sections 3 and 4 of the Act of February 28, 1859 (11 Stat. 401, chapter LXVI), and Executive orders of August 31, 1876, June 14, 1879, May 5, 1882, November 15, 1883, July 31, 1911, June 2, 1913, August 27, 1914, and July 19, 1915, and any other lands placed in trust for the benefit of the Community.

(5) The term “Secretary” means the Secretary of the Interior.

(b) Land taken into trust for benefit of the GILA river Indian community.—

(1) IN GENERAL.—The Secretary shall take the Blackwater Trading Post land into trust for the benefit of the Community, after the Community—

(A) conveys to the Secretary all right, title, and interest of the Community in and to the Blackwater Trading Post Land;

(B) submits to the Secretary a request to take the Blackwater Trading Post Land into trust for the benefit of the Community;

(C) conducts a survey (to the satisfaction of the Secretary) to determine the exact acreage and legal description of the Blackwater Trading Post Land, if the Secretary determines a survey is necessary; and

(D) pays all costs of any survey conducted under subparagraph (C).

(2) AVAILABILITY OF MAP.—Not later than 180 days after the Blackwater Trading Post Land is taken into trust under paragraph (1), the map shall be on file and available for public inspection in the appropriate offices of the Secretary.

(3) LANDS TAKEN INTO TRUST PART OF RESERVATION.—After the date on which the Blackwater Trading Post Land is taken into trust under paragraph (1), the land shall be treated as part of the Reservation.

(4) GAMING.—Class II and class III gaming under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) shall not be allowed at any time on the land taken into trust under paragraph (1).

(5) DESCRIPTION.—Not later than 180 days after the date of enactment of this Act, the Secretary shall cause the full metes-and-bounds description of the Blackwater Trading Post Land to be published in the Federal Register. The description shall, on publication, constitute the official description of the Blackwater Trading Post Land.

(c) CERCLA compliance.—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)).

SEC. 5840. Authorizations relating to veterinary care overseas.

(a) Department of State.—The Secretary of State, in consultation with the Director of the Centers for Disease Control and Prevention, is authorized, in order to facilitate the importation to the United States, of domestic animals by officers and employees of the United States Government, and their dependents, under the authority of any Chief of Mission from a country classified by the Centers for Disease Control and Prevention as high risk for dog rabies—

(1) to enter into contracts with individuals who are licensed in the United States for the provision of personal services (as described in section 104 of part 37 of title 48, Code of Federal Regulations and including pursuant to section 904 of the Foreign Service Act of 1980 (22 U.S.C. 4084)) to provide veterinary care overseas for domestic animals of such officers, employees, and dependents, except that—

(A) such individuals may not be deemed officers or employees of the United States for the purpose of any law administered by the Office of Personnel Management; and

(B) such individuals shall be expected to be available to travel to any overseas post as necessary to provide veterinary care and shall not be hired for or detailed exclusively to any specific overseas post; and

(2) to take such steps as may be necessary to provide medical services or related support with respect to the domestic animals of such officers, employees, and dependents, including in particular the purchase, procurement, delivery, and administration of rabies vaccines licensed by the Secretary of Agriculture, on a reimbursable basis to the extent feasible, except that such reimbursement may not exceed the amount that would be charged for equivalent veterinarian services if received in the United States.

(b) Use of existing mechanisms.—To the maximum extent practicable, the Secretary of State shall use existing mechanisms, including for the purchase, procurement, delivery, and administration of COVID–19 vaccines to officers and employees of the United States Government and their dependents under the authority of any Chief of Mission abroad, to carry out the authorities provided by subsection (a), especially with respect to the purchase, procurement, delivery, and administration of rabies vaccines licensed by the Secretary of Agriculture.

(1) the term “domestic animal” means a dog or a cat; and

(2) the term “officers and employees of the United States Government” includes volunteers in the Peace Corps.

SEC. 5841. Crisis counseling assistance and training.

(a) Federal emergency assistance.—Section 502(a)(6) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5192(a)(6)) is amended by inserting “and section 416” after “section 408”.

(b) Applicability.—The amendment made by subsection (a) shall only apply to amounts appropriated on or after the date of enactment of this Act.

SEC. 5842. Prohibited uses of acquired, donated, and conservation land.

Section 714(a) of the California Desert Protection Act of 1994 (Public Law 103–433; 16 U.S.C. 410aaa–81c(a)) is amended by striking paragraph (3) and inserting the following:

“(3) CONSERVATION LAND.—The term ‘conservation land’ means—

“(A) any land within the Conservation Area that is designated to satisfy the conditions of a Federal habitat conservation plan, general conservation plan, or State natural communities conservation plan;

“(B) any national conservation land within the Conservation Area established pursuant to section 2002(b)(2)(D) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7202(b)(2)(D)); and

“(C) any area of critical environmental concern within the Conservation Area established pursuant to section 202(c)(3) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712(c)(3)).”.

SEC. 5843. Jamal Khashoggi Press Freedom Accountability Act of 2021.

(a) Expanding scope of human rights reports with respect to violations of human rights of journalists.—The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended as follows:

(1) In paragraph (12) of section 116(d)—

(A) in subparagraph (B)—

(i) by inserting “or online harassment” after “direct physical attacks”; and

(ii) by inserting “or surveillance” after “sources of pressure”;

(B) in subparagraph (C)(ii), by striking “ensure the prosecution” and all that follows to the end of the clause and inserting “ensure the investigation, prosecution, and conviction of government officials or private individuals who engage in or facilitate digital or physical attacks, including hacking, censorship, surveillance, harassment, unlawful imprisonment, or bodily harm, against journalists and others who perform, or provide administrative support to, the dissemination of print, broadcast, internet-based, or social media intended to communicate facts or opinion.”;

(C) by redesignating subparagraphs (B) and (C) (as amended by subparagraph (A) of this section) as subparagraphs (C) and (D), respectively; and

(D) by inserting after subparagraph (A) the following new subparagraph:

“(B) an identification of countries in which there were gross violations of internationally recognized human rights (as such term is defined for purposes of section 502B) committed against journalists;”.

(2) By redesignating the second subsection (i) of section 502B as subsection (j).

(3) In the first subsection (i) of section 502B—

(A) in paragraph (2)—

(i) by inserting “or online harassment” after “direct physical attacks”; and

(ii) by inserting “or surveillance” after “sources of pressure”;

(B) by redesignating paragraph (2) (as amended by subparagraph (A) of this section) and paragraph (3) as paragraphs (3) and (4), respectively; and

“(2) an identification of countries in which there were gross violations of internationally recognized human rights committed against journalists;”.

(b) Imposition of sanctions on persons responsible for the commission of gross violations of internationally recognized human rights against journalists.—

(1) LISTING OF PERSONS WHO HAVE COMMITTED GROSS VIOLATIONS OF INTERNATIONALLY RECOGNIZED HUMAN RIGHTS.—

(A) IN GENERAL.—On or after the date on which a person is listed pursuant to subparagraph (B), the President shall impose the sanctions described in paragraph (2) on each foreign person the President determines, based on credible information, has perpetrated, ordered, or otherwise directed the extrajudicial killing of or other gross violation of internationally recognized human rights committed against a journalist or other person who performs, or provides administrative support to, the dissemination of print, broadcast, internet-based, or social media intended to report newsworthy activities or information, or communicate facts or fact-based opinions.

(B) PUBLICATION OF LIST.—The Secretary of State shall publish on a publicly available website of the Department of State a list of the names of each foreign person determined pursuant to subparagraph (A) to have perpetrated, ordered, or directed an act described in such paragraph. Such list shall be updated at least annually.

(C) EXCEPTION.—The President may waive the imposition of sanctions under subparagraph (A) (and omit a foreign person from the list published in accordance with subparagraph (B)) or terminate such sanctions and remove a foreign person from such list, if the President certifies to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate—

(i) that public identification of the individual is not in the national interest of the United States, including an unclassified description of the factual basis supporting such certification, which may contain a classified annex; or

(ii) that appropriate foreign government authorities have credibly—

(I) investigated the foreign person and, as appropriate, held such person accountable for perpetrating, ordering, or directing the acts described in subparagraph (A);

(II) publicly condemned violations of the freedom of the press and the acts described in subparagraph (A);

(III) complied with any requests for information from international or regional human rights organizations with respect to the acts described in subparagraph (A); and

(IV) complied with any United States Government requests for information with respect to the acts described in subparagraph (A).

(2) SANCTIONS DESCRIBED.—The sanctions described in this paragraph are the following:

(A) ASSET BLOCKING.—The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign person identified in the report required under paragraph (1)(A) if such property and interests in property are in the United States, come within the United States, or come within the possession or control of a United States person.

(B) INELIGIBILITY FOR VISAS, ADMISSION, OR PAROLE.—

(i) VISAS, ADMISSION, OR PAROLE.—An alien described in paragraph (1)(A) 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.).

(ii) CURRENT VISAS REVOKED.—

(I) IN GENERAL.—An alien described in paragraph (1)(A) is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued.

(II) IMMEDIATE EFFECT.—A revocation under subclause (I) shall take effect immediately, and automatically cancel any other valid visa or entry documentation that is in the alien’s possession.

(i) EXCEPTION FOR INTELLIGENCE ACTIVITIES.—The sanctions described in this paragraph shall not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence activities of the United States.

(ii) EXCEPTION TO COMPLY WITH INTERNATIONAL OBLIGATIONS.—The sanctions described in this paragraph shall not apply with respect to 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) IMPLEMENTATION; PENALTIES.—

(A) 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 subsection.

(B) 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 foreign person that violates, attempts to violate, conspires to violate, or causes a violation of this subsection to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of such section 206.

(4) EXCEPTION RELATING TO THE IMPORTATION OF GOODS.—

(A) IN GENERAL.—The authorities and requirements to impose sanctions under this section shall not include any authority or requirement to impose sanctions on the importation of goods.

(B) GOOD DEFINED.—For purposes of 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.

(5) DEFINITIONS.—In this subsection:

(A) The terms “admitted” and “alien” have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1001).

(B) The term “foreign person” means an individual who is not—

(i) a United States citizen or national; or

(ii) an alien lawfully admitted for permanent residence to the United States.

(i) a United States citizen, an alien lawfully admitted for permanent residence to the United States, or any other individual subject to the jurisdiction of the United States;

(ii) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such entity; or

(iii) any person in the United States.

(1) PROHIBITION.—Assistance authorized under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or the Arms Export Control Act (22 U.S.C. 2751 et seq.) may not be made available to any governmental entity of a country if the Secretary of State or the Director of National Intelligence has credible information that one or more officials associated with, leading, or otherwise acting under the authority of such entity has committed a gross violation of internationally recognized human rights against a journalist or other person who performs, or provides administrative support to, the dissemination of print, broadcast, internet-based, or social media intended to report newsworthy activities or information, or communicate facts or fact-based opinions. To the maximum extent practicable, a list of such governmental entities shall be published on publicly available websites of the Department of State and of the Office of the Director of National Intelligence and shall be updated on a regular basis.

(2) PROMPT INFORMATION.—The Secretary of State shall promptly inform appropriate officials of the government of a country from which assistance is withheld in accordance with the prohibition under paragraph (1).

(3) EXCEPTION.—The prohibition under paragraph (1) shall not apply with respect to the following:

(A) Humanitarian assistance or disaster relief assistance authorized under the Foreign Assistance Act of 1961.

(B) Assistance the Secretary determines to be essential to assist the government of a country to bring the responsible members of the relevant governmental entity to justice for the acts described in paragraph (1).

(4) WAIVER.—

(A) IN GENERAL.—The Secretary of State, may waive the prohibition under paragraph (1) with respect to a governmental entity of a country if—

(i) the President, acting through the Secretary of State and the Director of National Intelligence, determines that such a waiver is in the national security interest of the United States; or

(ii) the Secretary of State has received credible information that the government of that country has—

(I) performed a thorough investigation of the acts described in paragraph (1) and is taking effective steps to bring responsible members of the relevant governmental entity to justice;

(II) condemned violations of the freedom of the press and the acts described in paragraph (1);

(III) complied with any requests for information from international or regional human rights organizations with respect to the acts described in paragraph (1), in accordance with international legal obligations to protect the freedom of expression; and

(IV) complied with United States Government requests for information with respect to the acts described in paragraph (1).

(B) CERTIFICATION.—A waiver described in subparagraph (A) may only take effect if—

(i) the Secretary of State certifies, not later than 30 days before the effective date of the waiver, to the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate that such waiver is warranted and includes an unclassified description of the factual basis supporting the certification, which may contain a classified annex; and

(ii) the Director of National Intelligence, not later than 30 days before the effective date of the waiver, submits to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate a report detailing any underlying information that the intelligence community (as such term is defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) has regarding the perpetrators of the acts described in paragraph (1), which shall be submitted in unclassified form but may contain a classified annex.

SEC. 5844. GAO study on the Daniel Pearl Freedom of the Press Act of 2009.

(a) Study.—The Comptroller General of the United States shall evaluate the implementation of the Daniel Pearl Freedom of the Press Act of 2009 (Public Law 111–166) by—

(1) assessing the effects of including the information described in section 116(d)(12) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)(12)) in the annual Country Reports on Human Rights Practices; and

(2) determining how reporting on instances of governmental suppression of free press abroad and inaction in addressing press freedom violations has changed since the enactment of the Daniel Pearl Freedom of the Press Act of 2009.

(b) Report.—Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to Congress and to the Secretary of State a report that—

(1) summarizes the results of the study required under subsection (a); and

(2) provides recommendations for any legislative or regulatory action that would improve the efforts of the Department of State to report on issues of press freedom abroad.

SEC. 5845. 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

(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

(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.

(1) The term “political prisoner” means a person who has been detained or imprisoned on politically motivated grounds and may include persons that—

(A) have used violence;

(B) have advocated violence or hatred; or

(2) The term “prisoner of conscience” means a person who—

(A) is imprisoned or otherwise physically restricted solely in response to the peaceful exercise of the human rights of such person; and

(B) has not used violence or advocated violence or hatred.

SEC. 5846. Policy regarding development of nuclear weapons by Iran.

(a) Findings.—Congress finds the following:

(1) Congress and several successive Presidential administrations have long sought to prevent Iran from ever acquiring a nuclear weapon.

(2) It is currently estimated that Iran is almost to the point of having enough highly-enriched nuclear material to produce a nuclear weapon, if further enriched.

(3) On March 3, 2020, the International Atomic Energy Agency (IAEA) Director General reported to the Agency’s Board of Governors that nuclear material was found at three previously undisclosed locations in Iran.

(4) The IAEA reported it began investigating this matter pursuant to Iran’s IAEA safeguards obligations in 2019.

(5) On March 5, 2022, the IAEA and the Atomic Energy Organization of Iran announced an agreement wherein Iran committed to provide the IAEA with information and documents in response to the IAEA’s questions related to uranium particles discovered at undeclared sites in Iran.

(6) On June 6, 2022, the Director General of the IAEA stated that “Iran has not provided explanations that are technically credible in relation to the Agency’s findings at three undeclared locations in Iran. Nor has Iran informed the Agency of the current location, or locations, of the nuclear material and/or of the equipment contaminated with nuclear material, that was moved from Turquzabad in 2018.”.

(7) On June 8, 2022, the IAEA Board of Governors overwhelmingly adopted a resolution calling on Iran to cooperate with the IAEA on an urgent basis to fulfil its safeguards obligations and expressing profound concern with Iran’s insufficient substantive cooperation thus far, with 30 Board Members voting in favor, two voting against, and three abstaining.

(8) The IAEA Board of Governors’s resolution called upon Iran to “act on an urgent basis to fulfill its legal obligations and, without delay, take up the Director General’s offer of further engagement to clarify and resolve all outstanding safeguards issues.”.

(9) Shortly before the IAEA Board of Governors’s vote adopting the resolution, Iran announced it would remove 27 IAEA cameras installed to monitor the separate issue of Iran’s JCPOA commitments at certain Iranian facilities and Iran has since followed through on disconnecting these cameras.

(10) Following the vote of the IAEA Board of Governors, Iran informed the IAEA it would install additional cascades of advanced IR-6 centrifuges at its Natanz facility;

(b) Sense of Congress.—It is the sense of Congress that it—

(1) reiterates its commitment to ensuring Iran will never acquire a nuclear weapon;

(2) supports the important work of the 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.

SEC. 5847. Transfer of NOAA property in Norfolk, Virginia.

(a) In general.—The Act entitled, “An Act to authorize the Secretary of Commerce to sell or exchange certain National Oceanic and Atmospheric Administration property located in Norfolk, Virginia, and for other purposes”, enacted on October 13, 2008 (P.L. 110-393; 122 Stat. 4203), is amended by striking the heading and subsections (a), (b), (c), and (d) of section 1 and inserting the following:

SECTION 1. Transfer of NOAA property in Norfolk, Virginia.

“(a) In general.—The Secretary of Commerce shall transfer without consideration all right, title, and interest of the United States in and to the property described in subsection (b) to the City of Norfolk, Virginia, not later than the earlier of—

“(1) the date on which the Secretary of Commerce has transferred all of the employees of the National Oceanic and Atmospheric Administration (in this section referred to as ‘NOAA’) from its facilities at the property described in subsection (b); or

“(2) 5 years after the date of the enactment of this Act.

“(b) Property described.—The property described in this subsection is—

“(1) the real property under the administrative jurisdiction of the NOAA, including land and improvements thereon, located at 538 Front Street, Norfolk, Virginia, consisting of approximately 3.78 acres; and

“(2) the real property under the administrative jurisdiction of the NOAA, including land and improvements thereon, located at 439 W. York Street, Norfolk, Virginia, consisting of approximately 2.5231 acres.

“(c) Survey.—The exact acreage and legal description of the property described in subsection (b) shall be determined by a survey or surveys satisfactory to the Secretary.

“(d) 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)).”.

(b) Conforming amendment.—Subsection (e) of section 1 of such Act (122 Stat. 4204) is amended by striking the first sentence.

SEC. 5848. Elimination of sentencing disparity for cocaine offenses.

(a) Elimination of increased penalties for cocaine offenses where the cocaine involved is cocaine base.—

(1) CONTROLLED SUBSTANCES ACT.—The following provisions of the Controlled Substances Act (21 U.S.C. 801 et seq.) are repealed:

(A) Clause (iii) of section 401(b)(1)(A) (21 U.S.C. 841(b)(1)(A)).

(B) Clause (iii) of section 401(b)(1)(B) (21 U.S.C. 841(b)(1)(B)).

(2) CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT.—The following provisions of the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.) are repealed:

(A) Subparagraph (C) of section 1010(b)(1) (21 U.S.C. 960(b)(1)).

(B) Subparagraph (C) of section 1010(b)(2) (21 U.S.C. 960(b)(2)).

(3) APPLICABILITY TO PENDING AND PAST CASES.—

(A) PENDING CASES.—This section, and the amendments made by this subsection, shall apply to any sentence imposed after the date of enactment of this section, regardless of when the offense was committed.

(B) PAST CASES.—

(i) IN GENERAL.—In the case of a defendant who, on or before the date of enactment of this section, was sentenced for a Federal offense described in clause (ii), the sentencing court may, on motion of the defendant, the Bureau of Prisons, the attorney for the Government, or on its own motion, impose a reduced sentence after considering the factors set forth in section 3553(a) of title 18, United States Code.

(ii) FEDERAL OFFENSE DESCRIBED.—A Federal offense described in this clause is an offense that involves cocaine base that is an offense under one of the following:

(I) Section 401 of the Controlled Substances Act (21 U.S.C. 841).

(II) Section 1010 of the Controlled Substances Import and Export Act (21 U.S.C. 960).

(III) Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)).

(IV) Any other Federal criminal offense, the conduct or penalties for which were established by reference to a provision described in subclause (I), (II), or (III).

(iii) DEFENDANT NOT REQUIRED TO BE PRESENT.—Notwithstanding Rule 43 of the Federal Rules of Criminal Procedure, the defendant is not required to be present at any hearing on whether to impose a reduced sentence pursuant to this subparagraph.

(iv) NO REDUCTION FOR PREVIOUSLY REDUCED SENTENCES.—A court may not consider a motion made under this subparagraph to reduce a sentence if the sentence was previously imposed or previously reduced in accordance with this section.

(v) NO REQUIREMENT TO REDUCE SENTENCE.—Nothing in this subparagraph may be construed to require a court to reduce a sentence pursuant to this subparagraph.

(b) Determination of budgetary effects.—The budgetary effects of this section, 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 section, 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. 5849. Imposition of sanctions with respect to the sale, supply, or transfer of gold to or from Russia.

(a) Identification.—Not later than 90 days after the date of the enactment of this Act, and periodically as necessary thereafter, the President—

(1) shall submit to Congress a report identifying foreign persons that knowingly participated in a significant transaction—

(A) for the sale, supply, or transfer (including transportation) of gold, directly or indirectly, to or from the Russian Federation or the Government of the Russian Federation, including from reserves of the Central Bank of the Russian Federation held outside the Russian Federation; or

(B) that otherwise involved gold in which the Government of the Russian Federation had any interest; and

(2) shall impose the sanctions described in subsection (b)(1) with respect to each such person; and

(3) may impose the sanctions described in subsection (b)(2) with respect to any such person that is an alien.

(b) Sanctions described.—The sanctions described in this subsection are the following:

(1) BLOCKING OF PROPERTY.—The exercise of all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of a foreign person identified in the report required by subsection (a)(1) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

(2) INELIGIBILITY FOR VISAS, ADMISSION, OR PAROLE.—

(A) VISAS, ADMISSION, OR PAROLE.—An alien described in subsection (a)(1) may be—

(i) inadmissible to the United States;

(ii) ineligible to receive a visa or other documentation to enter the United States; and

(iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

(B) CURRENT VISAS REVOKED.—

(i) IN GENERAL.—An alien described in subsection (a)(1) may be subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued.

(ii) IMMEDIATE EFFECT.—A revocation under clause (i) shall—

(I) take effect pursuant to section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)); and

(II) cancel any other valid visa or entry documentation that is in the alien’s possession.

(1) IMPLEMENTATION.—The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.

(2) PENALTIES.—A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.

(d) National interest waiver.—The President may waive the imposition of sanctions under this section with respect to a person if the President—

(1) determines that such a waiver is in the national interests of the United States; and

(2) submits to Congress a notification of the waiver and the reasons for the waiver.

(e) Termination.—

(1) IN GENERAL.—Except as provided in paragraph (2), the requirement to impose sanctions under this section, and any sanctions imposed under this section, shall terminate on the earlier of—

(A) the date that is 3 years after the date of the enactment of this Act; or

(B) the date that is 30 days after the date on which the President certifies to Congress that—

(i) the Government of the Russian Federation has ceased its destabilizing activities with respect to the sovereignty and territorial integrity of Ukraine; and

(ii) such termination in the national interests of the United States.

(2) TRANSITION RULES.—

(A) CONTINUATION OF CERTAIN AUTHORITIES.—Any authorities exercised before the termination date under paragraph (1) to impose sanctions with respect to a foreign person under this section may continue to be exercised on and after that date if the President determines that the continuation of those authorities is in the national interests of the United States.

(B) APPLICATION TO ONGOING INVESTIGATIONS.—The termination date under paragraph (1) shall not apply to any investigation of a civil or criminal violation of this section or any regulation, license, or order issued to carry out this section, or the imposition of a civil or criminal penalty for such a violation, if—

(i) the violation occurred before the termination date; or

(ii) the person involved in the violation continues to be subject to sanctions pursuant to subparagraph (A).

(f) Exceptions.—

(1) EXCEPTIONS FOR AUTHORIZED INTELLIGENCE AND LAW ENFORCEMENT 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 or law enforcement activities of the United States.

(2) EXCEPTION TO COMPLY WITH INTERNATIONAL AGREEMENTS.—Sanctions under subsection (b)(2) may not apply with respect to the admission of an alien to the United States if such admission is necessary to comply with the obligations of the United States under the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or other international obligations.

(3) HUMANITARIAN EXEMPTION.—The President shall not impose sanctions under this section with respect to any person for conducting or facilitating a transaction for the sale of agricultural commodities, food, medicine, or medical devices or for the provision of humanitarian assistance.

(4) EXCEPTION RELATING TO IMPORTATION OF GOODS.—

(A) IN GENERAL.—The requirement or authority to impose sanctions under this section shall not include the authority or a requirement to impose sanctions on the importation of goods.

(B) GOOD DEFINED.—In this paragraph, the term “good” means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data.

(g) Definitions.—In this section:

(1) The terms “admission”, “admitted”, “alien”, and “lawfully admitted for permanent residence” have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).

(2) The term “foreign person” means an individual or entity that is not a United States person.

(3) The term “knowingly”, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.

(4) The term “United States person” means—

(A) a United States citizen or an alien lawfully admitted for permanent residence to the United States;

(B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or

SEC. 5850. Support for Afghan Special Immigrant Visa and Refugee Applicants.

(a) Sense of congress.—It is the sense of Congress that the United States should increase support for nationals of Afghanistan who aided the United States mission in Afghanistan during the past twenty years and are now under threat from the Taliban, specifically special immigrant visa applicants who are nationals of Afghanistan and referrals of nationals of Afghanistan to the United States Refugee Admissions Program, including through the Priority 2 Designation for nationals of Afghanistan, who remain in Afghanistan or are in third countries.

(b) Requirements.—The Secretary of State, in coordination with the Secretary of Homeland Security and the heads of other relevant Federal departments and agencies, shall further surge capacity to better support special immigrant visa applicants who are nationals of Afghanistan and referrals of nationals of Afghanistan to the United States Refugee Admissions Program and who have been approved by the chief of mission, including through the Priority 2 Designation for nationals of Afghanistan, and reduce their application processing times, while ensuring strict and necessary security vetting, including, to the extent practicable, enabling refugee referrals to initiate application processes while still in Afghanistan.

(c) Surge capacity described.—The term “surge capacity” includes increasing consular personnel to any embassy or consulate in the region processing visa applications for nationals of Afghanistan.

SEC. 5851. Liability for failure to disclose or update information.

Section 2313 of title 41, United States Code, is amended—

(1) in subsection (d)(3), by striking “, to the extent practicable,”;

(2) in subsection (f)(1), by striking “subsection (c)” and inserting “subsections (c) and (d)”;

(3) by redesignating subsection (g) as subsection (i); and

(4) by inserting after subsection (f) the following new subsections:

“(g) Liability.—A knowing and willful failure to disclose or update information in accordance with subsections (d)(3) and (f) can result in one or more of the following:

“(1) Entry of the violation in the database described by this section.

“(2) Liability pursuant to section 3729 of title 31.

“(3) Suspension or debarment.

“(h) Annual Report on Awardee Beneficial Ownership Reporting and Compliance.—

“(1) IN GENERAL.—Not later than October 31 of each year, the Administrator of General Services, in coordination with the Secretary of Defense, shall submit to the congressional defense committees (as defined under section 101(a)(16) of title 10), the Committee on Oversight and Reform of the House of Representatives, and the Committee on Oversight and Governmental Affairs of the Senate a report that assesses the utility and risks of beneficial ownership disclosures by persons with Federal agency contracts and grants.

“(2) CONTENT.—The report required under paragraph (1) shall address and include information about the number of beneficial ownership disclosures that were made by persons with Federal agency contracts and grants, gaps in the data caused by the divergent reporting threshold for government and awardee entries, the impact on small business concerns (as defined under section 3 of the Small Business Act (15 U.S.C. 632)), data on contractors owned by entities outside of the United States, data on violations of disclosure rules and any penalties assessed for disclosure non-compliance, and recommendations for improving the Federal Awardee Performance and Integrity Information System disclosures by a person with Federal agency contracts and grants.”.

SEC. 5852. Government Accountability Office study and report on contractors using distributors to avoid scrutiny.

(a) In general.—The Comptroller General of the United States shall conduct a study on Federal Government contractors that supply goods to executive agencies using distributors or other intermediaries.

(b) Contents of the study.—The study under subsection (a) shall assess—

(1) advantages and disadvantages of the use of distributors or other intermediaries by Federal Government contractors to supply goods to executive agencies; and

(2) whether the use of distributors or other intermediaries by Federal Government contractors has an effect on the ability of the Federal Government to acquire needed goods at reasonable prices.

(c) Report required.—Not later than one year after the date of enactment of this Act, the Comptroller General shall submit a report containing the results of the study required by this section to the—

(1) Committee on Armed Services and the Committee on Homeland Security and Government Affairs of the Senate; and

(2) Committee on Armed Services and the Committee on Oversight and Reform of the House of Representatives.

SEC. 5853. Supplement to Federal Employee Viewpoint Survey.

(a) In general.—Not later than one year after the date of the enactment of this Act and every 2 years thereafter, the Office of Personnel and Management shall make available through a secure and accessible online portal a supplement to the Federal Employee Viewpoint Survey to assess employee experiences with workplace harassment and discrimination.

(b) Development of supplement.—In developing the supplement, the Director shall—

(1) use best practices from peer-reviewed research measuring harassment and discrimination; and

(2) consult with the Equal Employment Opportunity Commission, experts in survey research related to harassment and discrimination, and organizations engaged in the prevention of and response to, and advocacy on behalf of victims of harassment and discrimination regarding the development and design of such supplement.

(1) be designed to gather information on employee experiences with harassment and discrimination, including the experiences of victims of such incidents;

(2) use trauma-informed language to prevent retraumatization; and

(3) include—

(A) questions that give employees the option to report their demographic information;

(B) questions designed to determine the incidence and prevalence of harassment and discrimination;

(C) questions regarding whether employees know about agency policies and procedures related to harassment and discrimination;

(D) questions designed to determine if the employee reported perceived harassment or discrimination, to whom the incident was reported and what response the employee may have received;

(E) questions to determine why the employee chose to report or not report an incident;

(F) questions to determine satisfaction with the complaints process;

(G) questions to determine the impact of harassment and discrimination on performance and productivity;

(H) questions to determine the impact of harassment and discrimination on mental and physical health;

(I) questions to determine the impact and effectiveness of prevention and awareness programs and complaints processes;

(J) questions to determine attitudes toward harassment and discrimination, including the willingness of individuals to intervene as a bystander;

(K) questions to determine whether employees believe those who engage in harassment or discrimination will face disciplinary action;

(L) questions to determine whether employees perceive prevention and accountability for harassment and discrimination to be a priority for supervisors and agency leadership; and

(M) other questions, as determined by the Director.

(d) Responses.—The responses to the survey questions described in subsection (c) shall—

(1) be submitted confidentially;

(2) in the case of such responses being included in a report, shall not include personally identifiable information; and

(3) be disaggregated by agency and, to the extent practicable, operating division, department, or bureau.

(e) Publication.—The Director shall publish the results of the supplemental survey in a report on its website.

SEC. 5854. Certain activities relating to intimate visual depictions.

(a) In general.—Chapter 88 of title 18, United States Code, is amended by adding at the end the following:

“§ 1802. Certain activities relating to intimate visual depictions

“(a) Definitions.—In this section:

“(1) COMMUNICATIONS SERVICE.—The term ‘communications service’ means—

“(A) a service provided by a person that is a common carrier, as that term is defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153), insofar as the person is acting as a common carrier;

“(B) an electronic communication service, as that term is defined in section 2510;

“(C) an information service, as that term is defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153); and

“(D) an interactive computer service, as that term is defined in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).

“(2) INFORMATION CONTENT PROVIDER.—The term ‘information content provider’ has the meaning given that term in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).

“(3) INTIMATE VISUAL DEPICTION.—The term ‘intimate visual depiction’ means any visual depiction (as that term is defined in section 2256(5)) of an individual who is recognizable by an individual other than the depicted individual from the intimate image itself or information or text displayed in connection with the intimate image itself or information or text displayed in connection with the intimate image who has attained 18 years of age at the time the intimate visual depiction is created and—

“(A) who is depicted engaging in sexually explicit conduct; or

“(B) whose genitals, anus, pubic area, or female nipple are unclothed and visible.

“(4) VISUAL DEPICTION OF A NUDE MINOR.—The term ‘visual depiction of a nude minor’ means any visual depiction (as that term is defined in section 2256(5)) of an individual who is recognizable by an individual other than the depicted individual from the intimate image itself or information or text displayed in connection with the intimate image who was under the age of 18 at the time the visual depiction was created in which the actual anus, genitals, or pubic area, or post-pubescent female nipple, of the minor are unclothed, visible, and displayed in a manner that does not constitute sexually explicit conduct.

“(4) SEXUALLY EXPLICIT CONDUCT.—The term ‘sexually explicit conduct’ has the meaning given that term in section 2256(2)(A).

“(b) Offense.—

“(1) IN GENERAL.—Except as provided in subsection (d), it shall be unlawful to knowingly mail, or to distribute using any means or facility of interstate or foreign commerce or affecting interstate or foreign commerce, an intimate visual depiction of an individual—

“(A) with knowledge of or reckless disregard for the lack of consent of the individual to the distribution; and

“(B) where what is depicted was not voluntarily exposed by the individual in a public or commercial setting; and

“(C) where what is depicted is not a matter of public concern.

For purposes of this section, the fact that the subject of the depiction consented to the creation of the depiction shall not establish that that person consented to its distribution.

“(2) EXCEPTION.—Except as provided in subsection (d), it shall be unlawful to knowingly mail, or to distribute using any means or facility of interstate or foreign commerce or affecting interstate or foreign commerce, a visual depiction of a nude minor with intent to abuse, humiliate, harass, or degrade the minor, or to arouse or gratify the sexual desire of any person.

“(c) Penalty.—

“(1) IN GENERAL.—Any person who violates subsection (b), or attempts or conspires to do so, shall be fined under this title, imprisoned not more than 5 years, or both.

“(2) FORFEITURE.—

“(A) The court, in imposing a sentence on any person convicted of a violation involving intimate visual depictions or visual depictions of a nude minor under this subchapter, or convicted of a conspiracy of a violation involving intimate visual depictions or visual depictions of a nude minor under this subchapter, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person forfeit to the United States—

“(i) any material distributed in violation of this chapter;

“(ii) such person’s interest in property, real or personal, constituting or derived from any gross proceeds of such violation, or any property traceable to such property, obtained or retained directly or indirectly as a result of such violation; and

“(iii) any property, real or personal, used or intended to be used to commit or to facilitate the commission of such offense.

“(B) Section 413 of the Controlled Substances Act (21 U.S.C. 853), with the exception of subsections (a) and (d), applies to the criminal forfeiture of property pursuant to subsection (1).

“(3) RESTITUTION.—Restitution shall be available as provided in chapter 110A of title 18, United States Code, section 2264.

“(d) Exceptions.—

“(1) LAW ENFORCEMENT, LAWFUL REPORTING, AND OTHER LEGAL PROCEEDINGS.—This section—

“(A) does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States;

“(B) shall not apply in the case of an individual acting in good faith to report unlawful activity or in pursuance of a legal or professional or other lawful obligation; and

“(C) shall not apply in the case of a document production or filing associated with a legal proceeding.

“(2) SERVICE PROVIDERS.—This section shall not apply to any provider of a communications service with regard to content provided by another information content provider unless the provider of the communications service intentionally solicits, or knowingly and predominantly distributes, such content.

“(e) Threats.—Any person who threatens to commit an offense under subsection (b) shall be punished as provided in subsection (c).

“(f) Extraterritoriality.—There is extraterritorial Federal jurisdiction over an offense under this section if the defendant or the depicted individual is a citizen or permanent resident of the United States.

“(g) Civil forfeiture.—

“(1) The following shall be subject to forfeiture to the United States in accordance with provisions of chapter 46 and no property right shall exist in them:

“(A) Any material distributed in violation of this chapter.

“(B) Any property, real or personal, that was used, in any manner, to commit or to facilitate the commission of a violation involving intimate visual depictions or visual depictions of a nude minor under this subchapter or a conspiracy of a violation involving intimate visual depictions or visual depictions of a nude minor under this subchapter.

“(C) Any property, real or personal, constituting, or traceable to the gross proceeds obtained or retained in connection with or as a result of a violation involving intimate visual depictions or visual depictions of a nude minor under this subchapter, a conspiracy of a violation involving intimate visual depictions or visual depictions of a nude minor under this subchapter.”.

(b) Clerical amendment.—The table of sections of chapter 88 of title 18, United States Code, is amended by inserting after the item relating to section 1801 the following:

“1802. Certain activities relating to intimate visual depictions.”.

SEC. 5855. Waiver of special use permit application fee for veterans’ special events.

(a) Waiver.—The application fee for any special use permit solely for a veterans’ special event at war memorials on land administered by the National Park Service in the District of Columbia and its environs shall be waived.

(b) Definitions.—In this section:

(1) The term “the District of Columbia and its environs” has the meaning given that term in section 8902(a) of title 40, United States Code.

(2) The term “Gold Star Families” includes any individual described in section 3.2 of Department of Defense Instruction 1348.36.

(3) The term “special events” has the meaning given that term in section 7.96 of title 36, Code of Federal Regulations.

(4) The term “veteran” has the meaning given that term in section 101(2) of title 38, United States Code.

(5) The term “veterans’ special event” means a special event of which the majority of attendees are veterans or Gold Star Families.

(6) The term “war memorial” means any memorial or monument which has been erected or dedicated to commemorate a military unit, military group, war, conflict, victory, or peace.

(c) Applicability.—This section shall apply to any special use permit application submitted after the date of the enactment of this Act.

(d) Applicability of existing laws.—Permit applicants remain subject to all other laws, regulations, and policies regarding the application, issuance and execution of special use permits for a veterans’ special event at war memorials on land administered by the National Park Service in the District of Columbia and its environs.

SEC. 5856. 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. 124. San Francisco Bay restoration grant program.

“(a) Definitions.—In this section:

“(1) ESTUARY PARTNERSHIP.—The term ‘Estuary Partnership’ means the San Francisco Estuary Partnership, designated as the management conference for the San Francisco Bay under section 320.

“(2) SAN FRANCISCO BAY PLAN.—The term ‘San Francisco Bay Plan’ means—

“(A) until the date of the completion of the plan developed by the Director under subsection (d), the comprehensive conservation and management plan approved under section 320 for the San Francisco Bay estuary; and

“(B) on and after the date of the completion of the plan developed by the Director under subsection (d), the plan developed by the Director under subsection (d).

“(b) Program office.—

“(1) ESTABLISHMENT.—The Administrator shall establish in the Environmental Protection Agency a San Francisco Bay Program Office. The Office shall be located at the headquarters of Region 9 of the Environmental Protection Agency.

“(2) APPOINTMENT OF DIRECTOR.—The Administrator shall appoint a Director of the Office, who shall have management experience and technical expertise relating to the San Francisco Bay and be highly qualified to direct the development and implementation of projects, activities, and studies necessary to implement the San Francisco Bay Plan.

“(3) DELEGATION OF AUTHORITY; STAFFING.—The Administrator shall delegate to the Director such authority and provide such staff as may be necessary to carry out this section.

“(c) Annual priority list.—

“(1) IN GENERAL.—After providing public notice, the Director shall annually compile a priority list, consistent with the San Francisco Bay Plan, identifying and prioritizing the projects, activities, and studies to be carried out with amounts made available under subsection (e).

“(2) INCLUSIONS.—The annual priority list compiled under paragraph (1) shall include the following:

“(A) Projects, activities, and studies, including restoration projects and habitat improvement for fish, waterfowl, and wildlife, that advance the goals and objectives of the San Francisco Bay Plan, for—

“(i) water quality improvement, including the reduction of marine litter;

“(ii) wetland, riverine, and estuary restoration and protection;

“(iii) nearshore and endangered species recovery; and

“(iv) adaptation to climate change.

“(B) Information on the projects, activities, and studies specified under subparagraph (A), including—

“(i) the identity of each entity receiving assistance pursuant to subsection (e); and

“(ii) a description of the communities to be served.

“(C) The criteria and methods established by the Director for identification of projects, activities, and studies to be included on the annual priority list.

“(3) CONSULTATION.—In compiling the annual priority list under paragraph (1), the Director shall consult with, and consider the recommendations of—

“(A) the Estuary Partnership;

“(B) the State of California and affected local governments in the San Francisco Bay estuary watershed;

“(C) the San Francisco Bay Restoration Authority; and

“(D) any other relevant stakeholder involved with the protection and restoration of the San Francisco Bay estuary that the Director determines to be appropriate.

“(d) San Francisco Bay Plan.—

“(1) IN GENERAL.—Not later than 5 years after the date of enactment of this section, the Director, in conjunction with the Estuary Partnership, shall review and revise the comprehensive conservation and management plan approved under section 320 for the San Francisco Bay estuary to develop a plan to guide the projects, activities, and studies of the Office to address the restoration and protection of the San Francisco Bay.

“(2) REVISION OF SAN FRANCISCO BAY PLAN.—Not less often than once every 5 years after the date of the completion of the plan described in paragraph (1), the Director shall review, and revise as appropriate, the San Francisco Bay Plan.

“(3) OUTREACH.—In carrying out this subsection, the Director shall consult with the Estuary Partnership and Indian tribes and solicit input from other non-Federal stakeholders.

“(e) Grant program.—

“(1) IN GENERAL.—The Director may provide funding through cooperative agreements, grants, or other means to State and local agencies, special districts, and public or nonprofit agencies, institutions, and organizations, including the Estuary Partnership, for projects, activities, and studies identified on the annual priority list compiled under subsection (c).

“(2) MAXIMUM AMOUNT OF GRANTS; NON-FEDERAL SHARE.—

“(A) MAXIMUM AMOUNT OF GRANTS.—Amounts provided to any entity under this section for a fiscal year shall not exceed an amount equal to 75 percent of the total cost of any projects, activities, and studies that are to be carried out using those amounts.

“(B) NON-FEDERAL SHARE.—Not less than 25 percent of the cost of any project, activity, or study carried out using amounts provided under this section shall be provided from non-Federal sources.

“(f) Funding.—

“(1) ADMINISTRATIVE EXPENSES.—Of the amount made available to carry out this section for a fiscal year, the Director may not use more than 5 percent to pay administrative expenses incurred in carrying out this section.

“(2) PROHIBITION.—No amounts made available under this section may be used for the administration of a management conference under section 320.”.

(b) Puget sound coordinated recovery.—Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following:

“SEC. 124. Puget Sound.

“(a) Definitions.—In this section:

“(1) COASTAL NONPOINT POLLUTION CONTROL PROGRAM.—The term ‘Coastal Nonpoint Pollution Control Program’ means the State of Washington’s Coastal Nonpoint Pollution Control Program approved under section 6217 of the Coastal Zone Act Reauthorization Amendments of 1990.

“(2) DIRECTOR.—The term ‘Director’ means the Director of the Program Office.

“(3) FEDERAL ACTION PLAN.—The term ‘Federal Action Plan’ means the plan developed under subsection (c)(3)(B).

“(4) INTERNATIONAL JOINT COMMISSION.—The term ‘International Joint Commission’ means the International Joint Commission established by the Treaty relating to the boundary waters and questions arising along the boundary between the United States and Canada, signed at Washington January 11, 1909, and entered into force May 5, 1910 (36 Stat. 2448; TS 548; 12 Bevans 319).

“(5) PACIFIC SALMON COMMISSION.—The term ‘Pacific Salmon Commission’ means the Pacific Salmon Commission established by the United States and Canada under the Treaty concerning Pacific salmon, with annexes and memorandum of understanding, signed at Ottawa January 28, 1985, and entered into force March 18, 1985 (TIAS 11091; 1469 UNTS 357) (commonly known as the ‘Pacific Salmon Treaty’).

“(6) PROGRAM OFFICE.—The term ‘Program Office’ means the Puget Sound Recovery National Program Office established by subsection (b).

“(7) PUGET SOUND ACTION AGENDA; ACTION AGENDA.—The term ‘Puget Sound Action Agenda’ or ‘Action Agenda’ means the most recent plan developed by the Puget Sound National Estuary Program Management Conference, in consultation with the Puget Sound Tribal Management Conference, and approved by the Administrator as the comprehensive conservation and management plan for the Puget Sound under section 320.

“(8) PUGET SOUND FEDERAL LEADERSHIP TASK FORCE.—The term ‘Puget Sound Federal Leadership Task Force’ means the Puget Sound Federal Leadership Task Force established under subsection (c).

“(9) PUGET SOUND FEDERAL TASK FORCE.—The term ‘Puget Sound Federal Task Force’ means the Puget Sound Federal Task Force established in 2016 under a memorandum of understanding among 9 Federal agencies.

“(10) PUGET SOUND NATIONAL ESTUARY PROGRAM MANAGEMENT CONFERENCE.—The term ‘Puget Sound National Estuary Program Management Conference’ means the management conference for the Puget Sound convened pursuant to section 320.

“(11) PUGET SOUND PARTNERSHIP.—The term ‘Puget Sound Partnership’ means the State agency created under the laws of the State of Washington (section 90.71.210 of the Revised Code of Washington), or its successor agency that has been designated by the Administrator as the lead entity to support the Puget Sound National Estuary Program Management Conference.

“(12) PUGET SOUND REGION.—

“(A) IN GENERAL.—The term ‘Puget Sound region’ means the land and waters in the northwest corner of the State of Washington from the Canadian border to the north to the Pacific Ocean on the west, including Hood Canal and the Strait of Juan de Fuca.

“(B) INCLUSION.—The term ‘Puget Sound region’ includes all watersheds that drain into the Puget Sound.

“(13) PUGET SOUND TRIBAL MANAGEMENT CONFERENCE.—The term ‘Puget Sound Tribal Management Conference’ means the 20 treaty Indian tribes of western Washington and the Northwest Indian Fisheries Commission.

“(14) SALISH SEA.—The term ‘Salish Sea’ means the network of coastal waterways on the west coast of North America that includes the Puget Sound, the Strait of Georgia, and the Strait of Juan de Fuca.

“(15) SALMON RECOVERY PLANS.—The term ‘Salmon Recovery Plans’ means the recovery plans for salmon and steelhead species approved by the Secretary of the Interior under section 4(f) of the Endangered Species Act of 1973 that are applicable to the Puget Sound region.

“(16) STATE ADVISORY COMMITTEE.—The term ‘State Advisory Committee’ means the advisory committee established by subsection (d).

“(17) TREATY RIGHTS AT RISK INITIATIVE.—The term ‘Treaty Rights at Risk Initiative’ means the report from the treaty Indian tribes of western Washington entitled ‘Treaty Rights At Risk: Ongoing Habitat Loss, the Decline of the Salmon Resource, and Recommendations for Change’ and dated July 14, 2011, or its successor report that outlines issues and offers solutions for the protection of Tribal treaty rights, recovery of salmon habitat, and management of sustainable treaty and nontreaty salmon fisheries, including through Tribal salmon hatchery programs.

“(b) Puget Sound Recovery National Program Office.—

“(1) ESTABLISHMENT.—There is established in the Environmental Protection Agency a Puget Sound Recovery National Program Office, to be located in the State of Washington.

“(2) DIRECTOR.—

“(A) IN GENERAL.—There shall be a Director of the Program Office, who shall have leadership and project management experience and shall be highly qualified to—

“(i) direct the integration of multiple project planning efforts and programs from different agencies and jurisdictions; and

“(ii) align numerous, and possibly competing, priorities to accomplish visible and measurable outcomes under the Action Agenda.

“(B) POSITION.—The position of Director of the Program Office shall be a career reserved position, as such term is defined in section 3132 of title 5, United States Code.

“(3) DELEGATION OF AUTHORITY; STAFFING.—Using amounts made available to carry out this section, the Administrator shall delegate to the Director such authority and provide such staff as may be necessary to carry out this section.

“(4) DUTIES.—The Director shall—

“(A) coordinate and manage the timely execution of the requirements of this section, including the formation and meetings of the Puget Sound Federal Leadership Task Force;

“(B) coordinate activities related to the restoration and protection of the Puget Sound across the Environmental Protection Agency;

“(C) coordinate and align the activities of the Administrator with the Action Agenda, Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program;

“(D) promote the efficient use of Environmental Protection Agency resources in pursuit of the restoration and protection of the Puget Sound;

“(E) serve on the Puget Sound Federal Leadership Task Force and collaborate with, help coordinate, and implement activities with other Federal agencies that have responsibilities involving the restoration and protection of the Puget Sound;

“(F) provide or procure such other advice, technical assistance, research, assessments, monitoring, or other support as is determined by the Director to be necessary or prudent to most efficiently and effectively fulfill the objectives and priorities of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program, consistent with the best available science, to ensure the health of the Puget Sound ecosystem;

“(G) track the progress of the Environmental Protection Agency towards meeting the agency’s specified objectives and priorities within the Action Agenda and the Federal Action Plan;

“(H) implement the recommendations of the Comptroller General set forth in the report entitled ‘Puget Sound Restoration: Additional Actions Could Improve Assessments of Progress’ and dated July 19, 2018;

“(I) serve as liaison and coordinate activities for the restoration and protection of the Salish Sea with Canadian authorities, the Pacific Salmon Commission, and the International Joint Commission; and

“(J) carry out such additional duties as the Director determines necessary and appropriate.

“(c) Puget Sound Federal Leadership Task Force.—

“(1) ESTABLISHMENT.—There is established a Puget Sound Federal Leadership Task Force.

“(2) MEMBERSHIP.—

“(A) COMPOSITION.—The Puget Sound Federal Leadership Task Force shall be composed of the following members:

“(i) The following individuals appointed by the Secretary of Agriculture:

“(I) A representative of the National Forest Service.

“(II) A representative of the Natural Resources Conservation Service.

“(ii) A representative of the National Oceanic and Atmospheric Administration appointed by the Secretary of Commerce.

“(iii) The following individuals appointed by the Secretary of Defense:

“(I) A representative of the Corps of Engineers.

“(II) A representative of the Joint Base Lewis-McChord.

“(III) A representative of the Commander, Navy Region Northwest.

“(iv) The Director of the Program Office.

“(v) The following individuals appointed by the Secretary of Homeland Security:

“(I) A representative of the Coast Guard.

“(II) A representative of the Federal Emergency Management Agency.

“(vi) The following individuals appointed by the Secretary of the Interior:

“(I) A representative of the Bureau of Indian Affairs.

“(II) A representative of the United States Fish and Wildlife Service.

“(III) A representative of the United States Geological Survey.

“(IV) A representative of the National Park Service.

“(vii) The following individuals appointed by the Secretary of Transportation:

“(I) A representative of the Federal Highway Administration.

“(II) A representative of the Federal Transit Administration.

“(viii) Representatives of such other Federal agencies, programs, and initiatives as the other members of the Puget Sound Federal Leadership Task Force determines necessary.

“(B) QUALIFICATIONS.—Members appointed under this paragraph shall have experience and expertise in matters of restoration and protection of large watersheds and bodies of water, or related experience that will benefit the restoration and protection of the Puget Sound.

“(C) CO-CHAIRS.—

“(i) IN GENERAL.—The following members of the Puget Sound Federal Leadership Task Force shall serve as Co-Chairs of the Puget Sound Federal Leadership Task Force:

“(I) The representative of the National Oceanic and Atmospheric Administration.

“(II) The Director of the Program Office.

“(III) The representative of the Corps of Engineers.

“(ii) LEADERSHIP.—The Co-Chairs shall ensure the Puget Sound Federal Leadership Task Force completes its duties through robust discussion of all relevant issues. The Co-Chairs shall share leadership responsibilities equally.

“(3) DUTIES.—

“(A) GENERAL DUTIES.—The Puget Sound Federal Leadership Task Force shall—

“(i) uphold Federal trust responsibilities to restore and protect resources crucial to Tribal treaty rights, including by carrying out government-to-government consultation with Indian tribes when requested by such tribes;

“(ii) provide a venue for dialogue and coordination across all Federal agencies represented by a member of the Puget Sound Federal Leadership Task Force to align Federal resources for the purposes of carrying out the requirements of this section and all other Federal laws that contribute to the restoration and protection of the Puget Sound, including by—

“(I) enabling and encouraging such agencies to act consistently with the objectives and priorities of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program;

“(II) facilitating the coordination of Federal activities that impact such restoration and protection;

“(III) facilitating the delivery of feedback given by such agencies to the Puget Sound Partnership during the development of the Action Agenda;

“(IV) facilitating the resolution of interagency conflicts associated with such restoration and protection among such agencies;

“(V) providing a forum for exchanging information among such agencies regarding activities being conducted, including obstacles or efficiencies found, during restoration and protection activities; and

“(VI) promoting the efficient use of government resources in pursuit of such restoration and protection through coordination and collaboration, including by ensuring that the Federal efforts relating to the science necessary for such restoration and protection are consistent, and not duplicative, across the Federal Government;

“(iii) catalyze public leaders at all levels to work together toward shared goals by demonstrating interagency best practices coming from such agencies;

“(iv) provide advice and support on scientific and technical issues and act as a forum for the exchange of scientific information about the Puget Sound;

“(v) identify and inventory Federal environmental research and monitoring programs related to the Puget Sound, and provide such inventory to the Puget Sound National Estuary Program Management Conference;

“(vi) ensure that Puget Sound restoration and protection activities are as consistent as practicable with ongoing restoration and protection and related efforts in the Salish Sea that are being conducted by Canadian authorities, the Pacific Salmon Commission, and the International Joint Commission;

“(vii) ensure that Puget Sound restoration and protection activities are consistent with national security interests;

“(viii) establish any working groups or committees necessary to assist the Puget Sound Federal Leadership Task Force in its duties, including relating to public policy and scientific issues; and

“(ix) raise national awareness of the significance of the Puget Sound.

“(B) PUGET SOUND FEDERAL ACTION PLAN.—

“(i) IN GENERAL.—Not later than 5 years after the date of enactment of this section, the Puget Sound Federal Leadership Task Force shall develop and approve a Federal Action Plan that leverages Federal programs across agencies and serves to coordinate diverse programs and priorities for the restoration and protection of the Puget Sound.

“(ii) REVISION OF PUGET SOUND FEDERAL ACTION PLAN.—Not less often than once every 5 years after the date of approval of the Federal Action Plan under clause (i), the Puget Sound Federal Leadership Task Force shall review, and revise as appropriate, the Federal Action Plan.

“(C) FEEDBACK BY FEDERAL AGENCIES.—In facilitating feedback under subparagraph (A)(ii)(III), the Puget Sound Federal Leadership Task Force shall request Federal agencies to consider, at a minimum, possible Federal actions within the Puget Sound region designed to—

“(i) further the goals, targets, and actions of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program;

“(ii) as applicable, implement and enforce this Act, the Endangered Species Act of 1973, and all other Federal laws that contribute to the restoration and protection of the Puget Sound, including those that protect Tribal treaty rights;

“(iii) prevent the introduction and spread of invasive species;

“(iv) protect marine and wildlife habitats;

“(v) protect, restore, and conserve forests, wetlands, riparian zones, and nearshore waters;

“(vi) promote resilience to climate change and ocean acidification effects;

“(vii) restore fisheries so that they are sustainable and productive;

“(viii) preserve biodiversity;

“(ix) restore and protect ecosystem services that provide clean water, filter toxic chemicals, and increase ecosystem resilience; and

“(x) improve water quality, including by preventing and managing stormwater runoff, incorporating erosion control techniques and trash capture devices, using sustainable stormwater practices, and mitigating and minimizing nonpoint source pollution, including marine litter.

“(4) PARTICIPATION OF STATE ADVISORY COMMITTEE AND PUGET SOUND TRIBAL MANAGEMENT CONFERENCE.—The Puget Sound Federal Leadership Task Force shall carry out its duties with input from, and in collaboration with, the State Advisory Committee and the Puget Sound Tribal Management Conference, including by seeking advice and recommendations on the actions, progress, and issues pertaining to the restoration and protection of the Puget Sound.

“(5) MEETINGS.—

“(A) INITIAL MEETING.—The Puget Sound Federal Leadership Task Force shall meet not later than 180 days after the date of enactment of this section—

“(i) to determine if all Federal agencies are properly represented;

“(ii) to establish the bylaws of the Puget Sound Federal Leadership Task Force;

“(iii) to establish necessary working groups or committees; and

“(iv) to determine subsequent meeting times, dates, and logistics.

“(B) SUBSEQUENT MEETINGS.—After the initial meeting, the Puget Sound Federal Leadership Task Force shall meet, at a minimum, twice per year to carry out the duties of the Puget Sound Federal Leadership Task Force.

“(C) WORKING GROUP MEETINGS.—A meeting of any established working group or committee of the Puget Sound Federal Leadership Task Force shall not be considered a biannual meeting for purposes of subparagraph (B).

“(D) JOINT MEETINGS.—The Puget Sound Federal Leadership Task Force—

“(i) shall offer to meet jointly with the Puget Sound National Estuary Program Management Conference and the Puget Sound Tribal Management Conference, at a minimum, once per year; and

“(ii) may consider such a joint meeting to be a biannual meeting of the Puget Sound Federal Leadership Task Force for purposes of subparagraph (B).

“(E) QUORUM.—A simple majority of the members of the Puget Sound Federal Leadership Task Force shall constitute a quorum.

“(F) VOTING.—For the Puget Sound Federal Leadership Task Force to take an official action, a quorum shall be present, and at least a two-thirds majority of the members present shall vote in the affirmative.

“(6) PUGET SOUND FEDERAL LEADERSHIP TASK FORCE PROCEDURES AND ADVICE.—

“(A) ADVISORS.—The Puget Sound Federal Leadership Task Force may seek advice and input from any interested, knowledgeable, or affected party as the Puget Sound Federal Leadership Task Force determines necessary to perform its duties.

“(B) COMPENSATION.—A member of the Puget Sound Federal Leadership Task Force shall receive no additional compensation for service as a member on the Puget Sound Federal Leadership Task Force.

“(C) TRAVEL EXPENSES.—Travel expenses incurred by a member of the Puget Sound Federal Leadership Task Force in the performance of service on the Puget Sound Federal Leadership Task Force may be paid by the agency that the member represents.

“(7) PUGET SOUND FEDERAL TASK FORCE.—

“(A) IN GENERAL.—On the date of enactment of this section, the 2016 memorandum of understanding establishing the Puget Sound Federal Task Force shall cease to be effective.

“(B) USE OF PREVIOUS WORK.—The Puget Sound Federal Leadership Task Force shall, to the extent practicable, use the work product produced, relied upon, and analyzed by the Puget Sound Federal Task Force in order to avoid duplicating the efforts of the Puget Sound Federal Task Force.

“(d) State Advisory Committee.—

“(1) ESTABLISHMENT.—There is established a State Advisory Committee.

“(2) MEMBERSHIP.—The State Advisory Committee shall consist of up to seven members designated by the governing body of the Puget Sound Partnership, in consultation with the Governor of Washington, who will represent Washington State agencies that have significant roles and responsibilities related to the restoration and protection of the Puget Sound.

“(e) Federal Advisory Committee Act.—The Puget Sound Federal Leadership Task Force, State Advisory Committee, and any working group or committee of the Puget Sound Federal Leadership Task Force, shall not be considered an advisory committee under the Federal Advisory Committee Act (5 U.S.C. App.).

“(f) Puget Sound Federal Leadership Task Force biennial report on Puget Sound restoration and protection activities.—

“(1) IN GENERAL.—Not later than 1 year after the date of enactment of this section, and biennially thereafter, the Puget Sound Federal Leadership Task Force, in collaboration with the Puget Sound Tribal Management Conference and the State Advisory Committee, shall submit to the President, Congress, the Governor of Washington, and the governing body of the Puget Sound Partnership a report that summarizes the progress, challenges, and milestones of the Puget Sound Federal Leadership Task Force relating to the restoration and protection of the Puget Sound.

“(2) CONTENTS.—The report submitted under paragraph (1) shall include a description of the following:

“(A) The roles and progress of each State, local government entity, and Federal agency that has jurisdiction in the Puget Sound region relating to meeting the identified objectives and priorities of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program.

“(B) If available, the roles and progress of Tribal governments that have jurisdiction in the Puget Sound region relating to meeting the identified objectives and priorities of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program.

“(C) A summary of specific recommendations concerning implementation of the Action Agenda and the Federal Action Plan, including challenges, barriers, and anticipated milestones, targets, and timelines.

“(D) A summary of progress made by Federal agencies toward the priorities identified in the Federal Action Plan.

“(g) 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.

“(h) Consistency.—

“(1) IN GENERAL.—Actions authorized or implemented under this section shall be consistent with—

“(A) the Salmon Recovery Plans;

“(B) the Coastal Nonpoint Pollution Control Program; and

“(C) the water quality standards of the State of Washington approved by the Administrator under section 303.

“(2) FEDERAL ACTIONS.—All Federal agencies represented on the Puget Sound Federal Leadership Task Force shall act consistently with the protection of Tribal, treaty-reserved rights and, to the greatest extent practicable given such agencies’ existing obligations under Federal law, act consistently with the objectives and priorities of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program, when—

“(A) conducting Federal agency activities within or outside the Puget Sound that affect any land or water use or natural resources of the Puget Sound region, including activities performed by a contractor for the benefit of a Federal agency;

“(B) interpreting and enforcing regulations that impact the restoration and protection of the Puget Sound;

“(C) issuing Federal licenses or permits that impact the restoration and protection of the Puget Sound; and

“(D) granting Federal assistance to State, local, and Tribal governments for activities related to the restoration and protection of the Puget Sound.”.

(1) REVIEW OF COMPREHENSIVE MANAGEMENT PLAN.—Section 121 of the Federal Water Pollution Control Act (33 U.S.C. 1273) is amended—

(A) in subsection (c)—

(i) in paragraph (5), by striking “; and” and inserting a semicolon;

(ii) in paragraph (6), by striking the period and inserting “; and”; and

(iii) by adding at the end the following:

“(7) ensure that the comprehensive conservation and management plan approved for the Basin under section 320 is reviewed and revised in accordance with section 320 not less often than once every 5 years, beginning on the date of enactment of this paragraph.”.

(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”.

(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.”.

(4) APPLICATION TO EXISTING APPROPRIATIONS.—Amounts appropriated for Lake Pontchartrain by title VI of division J of the Infrastructure Investment and Jobs Act under the heading “Environmental Protection Agency—Environmental Programs and Management” (Public Law 117–58; 135 Stat. 1396) shall be considered to be appropriated pursuant to section 121 of the Federal Water Pollution Control Act, as amended by this subsection, including with respect to the use of such funds for administrative expenses under subsection (f)(3) of such section 121.

SEC. 5857. Limitation on licenses and other authorizations for export of certain items removed from the jurisdiction of the United States Munitions List and made subject to the jurisdiction of the Export Administration Regulations.

(a) In general.—The Secretary of Commerce may not grant a license or other authorization for the export of covered items unless before granting the license or other authorization the Secretary submits to the chairman and ranking member of the Committee on Foreign Affairs of the House of Representatives and the chairman and ranking member of the Committee on Foreign Affairs of the Senate a written certification with respect to such proposed export license or other authorization containing—

(1) the name of the person applying for the license or other authorization;

(2) the name of the person who is the proposed recipient of the export;

(3) the name of the country or international organization to which the export will be made;

(4) a description of the items proposed to be exported; and

(5) the value of the items proposed to be exported.

(b) Form.—A certification required under subsection (a) shall be submitted in unclassified form, except that information regarding the dollar value and number of items proposed to be exported may be restricted from public disclosure if such disclosure would be detrimental to the security of the United States.

(1) at least 15 calendar days before a proposed export license or other authorization is granted in the case of a transfer of items to a country which is a member of the North Atlantic Treaty Organization or Australia, Japan, the Republic of Korea, Israel, or New Zealand, and

(2) at least 30 calendar days before a proposed export license or other authorization is issued in the case of a transfer of items to any other country.

(d) Congressional resolution of disapproval.—A proposed export license or other authorization described in paragraph (1) of subsection (c) shall become effective after the end of the 15-day period described in such paragraph, and a proposed export license or other authorization described in paragraph (2) of subsection (c) shall become effective after the end of the 30-day period specified in such paragraph, only if the Congress does not enact, within the applicable time period, a joint resolution prohibiting the export of items with respect to the proposed export license.

(e) Definitions.—In this section:

(1) COVERED ITEMS.—The term “covered items” means items that—

(A) were included in category I of the United States Munitions List (as in effect on January 1, 2020);

(B) were removed from the United States Munitions List and made subject to the jurisdiction of the Export Administration Regulations through publication in the Federal Register on January 23, 2020; and

(2) EXPORT ADMINISTRATION REGULATIONS.—The term “Export Administration Regulations” means the regulations set forth in subchapter C of chapter VII of title 15, Code of Federal Regulations, or successor regulations.

(3) UNITED STATES MUNITIONS LIST.—The term “United States Munitions List” means the list maintained pursuant to part 121 of title 22, Code of Federal Regulations.

SEC. 5858. Review of standard occupational classification system.

The Director of the Office of Management and Budget shall, not later than 30 days after the date of the enactment of this Act, categorize public safety telecommunicators as a protective service occupation under the Standard Occupational Classification System.

SEC. 5859. United States Fire Administration on-site investigations of major fires.

The Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) is amended by adding at the end the following:

“SEC. 38. Investigation authorities.

“(a) In general.—In the case of any major fire, the Administrator may send incident investigators, which may include safety specialists, fire protection engineers, codes and standards experts, researchers, and fire training specialists, to the site of the fire to conduct an investigation as described in subsection (b).

“(b) Investigation required.—A fire investigation conducted under this section—

“(1) shall be conducted in coordination and cooperation with appropriate Federal, State, and local authorities, including Federal agencies that are authorized to investigate a major fire or an incident of which the major fire is a part; and

“(2) shall examine the determined cause and origin of the fire and assess broader systematic matters to include use of codes and standards, demographics, structural characteristics, smoke and fire dynamics (movement) during the event, and costs of associated injuries and deaths.

“(c) Report.—Upon concluding any fire investigation under this section, the Administrator shall issue a public report to local, State, and Federal authorities on the findings of such investigation, or collaborate with another investigating Federal agency on that agency’s report, including recommendations on—

“(1) any other buildings with similar characteristics that may bear similar fire risks;

“(2) improving tactical response to similar fires;

“(3) improving civilian safety practices;

“(4) assessing the costs and benefits to the community of adding fire safety features; and

“(5) how to mitigate the causes of such fire.

“(d) Discretionary authority.—In addition to investigations conducted pursuant to subsection (a), the Administrator may send fire investigators to conduct investigations at the site of any fire with unusual or remarkable context that results in losses less severe than those occurring as a result of a major fire, in coordination with appropriate Federal, State, and local authorities, including Federal agencies that are authorized to investigate a major fire or an incident of which the major fire is a part.

“(e) Major fire defined.—For purposes of this section, the term ‘major fire’ shall have the meaning given such term under regulations to be issued by the Administrator.”.

SEC. 5860. Multilateral agreement to establish an independent international center for research on the information environment.

(a) In general.—Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall take such action as may be necessary to seek to initiate negotiations to obtain an agreement on a multilateral basis with countries that are allies or partners of the United States, including countries that are members of the Group of Seven (G7), to establish an independent international center for research on the information environment (in this section referred to as the “research center”).

(b) Consultation.—As part of the negotiations to obtain an agreement described in subsection (a), the Secretary of State should consult with—

(1) representatives from providers of prominent online platforms;

(2) researchers from the fields of information science, media studies, international data governance, and other similar fields;

(3) privacy and human and civil rights advocates;

(4) technologists, including individuals with training and expertise in the state of the art in the fields of information technology, information security, network security, software development, computer science, computer engineering, and other related fields;

(5) representatives from international standards-setting organizations; and

(6) experts in mechanisms for enabling access to online platform data which is compliant with data protection frameworks.

(c) Purposes, functions, and related administrative provisions of research center.—An agreement obtained under subsection (a) should include provisions relating to the following:

(1) The purposes and functions of the research center, including its mandate to ensure the widest possible cooperation among member countries of the research center to ensure such purposes are achieved and such functions are carried out, including to—

(A) enable international collaboration to gain understanding and measure the impacts of foreign state and non-state propaganda and disinformation efforts aimed at undermining or influencing the policies, security, or stability of the United States and countries that are allies or partners of the United States;

(B) enable international collaboration to gain understanding and measure the impacts of the content moderation, product design decisions, and algorithms of online platforms on society, politics, the spread of hate, harassment, and extremism, security, privacy, and physical or mental health, including considerations for youth development;

(C) conduct research projects with a focus on the global information environment that require information from or about multiple online platforms and multi-year time horizons;

(D) conduct research projects that explore the impact of published media, such as television, podcasts, radio, and newspapers, on so-ciety, politics, the spread of hate, harassment, and extremism, security, privacy, and physical or mental health, including considerations for youth development;

(E) facilitate secure information sharing between online platforms and researchers affiliated with the research center;

(F) disseminate findings to the public; and

(G) offer recommendations to online platforms and governments regarding ways to ensure a safe and resilient online information environment.

(2) The governance structure and process for adding and removing member countries of the research center.

(3) The process by which a researcher can become affiliated with or join the research center, including provisions to ensure the researcher is not working on behalf of a business enterprise.

(4) A proposed budget and contributions to be provided by member countries of the research center.

(d) Proposal for secure information sharing with research center.—

(1) IN GENERAL.—An agreement obtained under subsection (a) should include provisions relating to the following:

(A) Best practices regarding what types of information from an online platform should be made available, and under what circumstances, to the research center.

(B) A code of conduct for researchers working with information made available as described in subparagraph (A).

(2) MATTERS TO BE INCLUDED.—

(A) REVIEW BY RESEARCH CENTER PRIOR TO PUBLICATION.—The provisions described in paragraph (1) should include the circumstances under which the research center will review a publication based on information made available to the research center prior to publication to determine whether the publication violates the privacy of a user of the online platform or other information outlet that made available the information or would reveal trade secrets of the provider of the online platform or other information outlet.

(B) USER PRIVACY.—The provisions described in paragraph (1) should—

(i) ensure that the making available of information to the research center and the provision of access to the information by the research center do not infringe upon reasonable expectations of personal privacy of users of online platforms or of other individuals; and

(ii) ensure that information is made available to the research center consistent with any applicable privacy and data security laws of member countries.

(C) CODE OF CONDUCT FOR RESEARCHERS.—The code of conduct included under paragraph (1)(B) in the provisions described in paragraph (1) should require researchers described in such paragraph to commit to the following:

(i) To use information made available to the research center only for research purposes specified in the agreement establishing the research center.

(ii) Not to re-identify, or to attempt to re-identify, an individual to whom information made available to the research center relates.

(iii) Not to publish personal information derived from information made available to the research center.

(iv) To comply with limits on commercial use of information made available to the research center or research conducted using such information, as specified by the research center.

(e) Online platform defined.—In this section, the term “online platform” means a service provided over the internet that enables two or more distinct but interdependent sets of users (which may be firms or individuals) to interact with each other.

(f) Authorization of appropriations.—There are authorized to be appropriated to the Secretary of State to carry out this section $10,000,000 for each of the fiscal years 2023 and 2024.

SEC. 5861. 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 in covered synthetic drugs by carrying out programs and activities including 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, and regulatory agencies in foreign countries.

(3) Carrying out the program to provide assistance to build the capacity of foreign law enforcement agencies with respect to covered synthetic drugs.

(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 narcotics and other drugs.

(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 Affairs and the Committee on Appropriations of the House of Representatives; and

(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.

(c) Program to provide assistance to build the capacity of foreign law enforcement agencies with respect to covered synthetic drugs.—

(1) 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 build the capacity of law enforcement agencies of the countries described in paragraph (3) to help such agencies to identify, track, and improve their forensics detection capabilities with respect to covered synthetic drugs.

(2) PRIORITY.—The Secretary of State shall prioritize assistance under paragraph (1) among those countries described in paragraph (3) in which such assistance would have the most impact in reducing illicit use of covered synthetic drugs in the United States.

(3) COUNTRIES DESCRIBED.—The foreign countries described in this paragraph are—

(A) countries that are producers of covered synthetic drugs;

(B) countries whose pharmaceutical and chemical industries are known to be exploited for development or procurement of precursors of covered synthetic drugs; or

(4) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS.—In addition to amounts otherwise authorized for the purposes described in this subsection, there is authorized to be appropriated to the Secretary $4,000,000 for each of the fiscal years 2023 through 2027 to carry out this subsection.

(d) Exchange program for governmental and nongovernmental personnel to provide educational and professional development on demand reduction matters relating to illicit use of narcotics and other drugs.—

(1) 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 narcotics and other drugs.

(2) PROGRAM REQUIREMENTS.—The program required by paragraph (1)—

(A) shall be limited to individuals who have expertise and experience in matters described in paragraph (1);

(B) 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 consultation or coordination with the Bureau of International Narcotics and Law Enforcement Affairs; and

(3) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS.—In addition to amounts otherwise authorized for the purposes described in this subsection, there is authorized to be appropriated to the Secretary $1,000,000 for each of the fiscal years 2023 through 2027 to carry out this subsection.

(e) Amendments to international narcotics control program.—

(1) INTERNATIONAL NARCOTICS CONTROL STRATEGY REPORT.—Section 489(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h(a)) is amended—

(A) by redesignating the second paragraph (10) (relating to an identification of the countries that are the most significant sources of illicit fentanyl and fentanyl analogues) as paragraph (11); and

(B) by adding at the end the following:

“(12) Information that contains an assessment of the countries significantly involved in the manufacture, production, or transshipment of synthetic opioids, including fentanyl and fentanyl analogues, including the following:

“(A) The scale of legal domestic production and any available information on the number of manufacturers and producers of such opioids in such countries.

“(B) Information on any law enforcement assessments of the scale of illegal production, including a description of the capacity of illegal laboratories to produce such opioids.

“(C) The types of inputs used and a description of the primary methods of synthesis employed by illegal producers of such opioids.

“(D) An assessment of the policies of such countries to regulate licit manufacture and interdict illicit manufacture, diversion, distribution, and shipment of such opioids and an assessment of the effectiveness of the policies' implementation.

“(13) Information on, to the extent practicable, any policies of responding to a substance described in section [__](g)(2) of the National Defense Authorization Act for Fiscal Year 2023, including the following:

“(A) Which governments have articulated policies on scheduling of such substances.

“(B) Any data on impacts of such policies and other responses to such substances.

“(C) An assessment of any policies the United States could adopt to improve its response to such substances.”.

(2) MODIFICATIONS TO DEFINITIONS.—Section 481(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)) is amended—

(A) in paragraph (2)(D), by inserting “or a significant direct source of illicit narcotic or psychotropic drugs or other controlled substances” after “opioids”; and

(B) by amending paragraph (5) to read as follows:

“(5) the term ‘major drug-transit country’ means a country through which are transported illicit narcotic or psychotropic drugs or other controlled substances significantly affecting the United States.”.

(f) Covered synthetic drug.—In this section, the term “covered synthetic drug” means—

(1) a synthetic controlled substance (as defined in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6))), including fentanyl or a fentanyl analogue; or

(2) 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 signed at New York, New York, on March 30, 1961, or the Convention on Psychotropic Substances signed at Vienna, Austria, on February 21, 1971;

(B) is new or has reemerged on the illicit market; and

SEC. 5862. 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).

(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.

SEC. 5863. Prohibition on certain assistance to the Philippines.

(a) In general.—No funds authorized to be appropriated or otherwise made available to the Department of State are authorized to be made available to provide assistance for the Philippine National Police, including assistance in the form of equipment or training, until the Secretary of State certifies to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate that the Government of the Philippines has—

(1) investigated and successfully prosecuted members of the Philippine National Police who have violated human rights, ensured that police personnel cooperated with judicial authorities in such cases, and affirmed that such violations have ceased;

(2) established that the Philippine National Police effectively protects the rights of trade unionists, journalists, human rights defenders, critics of the government, faith and religious leaders, and other civil society activists to operate without interference;

(3) taken effective steps to guarantee a judicial system that is capable of investigating, prosecuting, and bringing to justice members of the police and military who have committed human rights abuses; and

(4) fully complied with domestic and United States audits and investigations regarding the improper use of prior security assistance.

(b) Waiver.—The President may, on a case-by-case basis and for periods not to exceed 180 days each, waive the prohibition under subsection (a) if the President certifies to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate not later than 15 days before such waiver is to take effect that such waiver is vital to the national security interests of the United States or its partners and allies.

SEC. 5864. Gender analysis in foreign training programs.

(a) Sense of Congress.—It is the sense of Congress that the President should encourage the increased participation of women in existing programs funded by the United States Government that provide training to foreign nationals regarding law enforcement, the rule of law, or professional military education, and should expand and apply gender analysis to improve program design and implementation.

(b) Gender analysis of international training programs.—The Department of Defense, in coordination with the Department of State and other relevant departments, shall conduct a gender analysis of International Education and Training Programs offered to allied and partner forces to ensure the programs are equitable and address issues experienced by all participants.

(c) Gender analysis training.—The Department of Defense, in coordination with the Department of State, shall develop and include gender analysis training to be included in the International Education and Training Programs at United States military schools and training institutions.

(d) Briefing required.—No later than two years after enactment of this act, the Secretary of Defense, in coordination with the Secretary of State, shall brief the appropriate congressional committees on the Department of Defense and Department of State’s actions and progress in implementing the requirements under subsection (b) and subsection (c).

(e) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and

(2) the Committee on Armed Services and the Committee on Foreign Relations of the Senate.

(f) Gender analysis defined.—In this section, the term “gender analysis” has the meaning given such term in section 3 of the Women’s Entrepreneurship and Economic Empowerment Act (22 U.S.C. 2151–2).

SEC. 5865. Report on Columbian military forces.

(a) In general.—The Secretary of State shall submit to Congress a report—

(1) documenting knowledge and intelligence from 1980–2010 regarding—

(A) Colombian military involvement in assassinations and disappearances, and collaboration in paramilitary offensives;

(B) military conduct in the false positives initiative from 2002–2008; and

(C) any gross violations of human rights resulting from the Colombian military’s partnerships with private companies for security; and

(2) including an overview of the United States—Colombia military partnership during 1980–2010, specifying periods of deepened collaboration and coordination; and

(3) a discussion of the specifics regarding increases in military support, training, logistics, and weapons transfers on the part of the United States during such time period and the manner and extent of compliance on the part of Colunbian forces with the requirements of section 620M of the Foreign Assistance Act of 1961, section 362 of title 10, United States Code, and other prohibitions on the provision of security assistance to units of foreign forces on the basis of gross violations of human rights.

(b) Form.—The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.

SEC. 5866. Federal Contracting for Peace and Security.

(a) Purpose.—It is the policy of the Federal Government not to conduct business with companies that undermine United States national security interests by continuing to operate in the Russian Federation during its ongoing war of aggression against Ukraine.

(b) Contracting prohibition.—

(1) PROHIBITION.—The head of an executive agency may not enter into, extend, or renew a covered contract with a company that continues to conduct business operations in territory internationally recognized as the Russian Federation during the covered period.

(2) EXCEPTIONS.—

(A) GOOD FAITH EXEMPTION.—The Office of Management and Budget, in consultation with the General Services Administration, may exempt a contractor from the prohibition in paragraph (1) if the contractor has—

(i) pursued and continues to pursue all reasonable steps in demonstrating a good faith effort to comply with the requirements of this Act; and

(ii) provided to the executive agency a reasonable, written plan to achieve compliance with such requirements.

(B) PERMISSIBLE OPERATIONS.—The prohibition in paragraph (1) shall not apply to business operations in Russia authorized by a license issued by the Office of Foreign Assets Control or the Bureau of Industry and Security or is otherwise allowed to operate notwithstanding the imposition of sanctions.

(C) AMERICAN DIPLOMATIC MISSION IN RUSSIA.—The prohibition in paragraph (1) shall not apply to contracts related to the operation and maintenance of the United States Government’s consular offices and diplomatic posts in Russia.

(D) INDIVIDUAL CONTRACTS.—The prohibition under paragraph (1) shall not apply to any contract that is any of the following:

(i) For the benefit, either directly or through the efforts of regional allies, of the country of Ukraine.

(ii) For humanitarian purposes to meet basic human needs.

(3) NATIONAL SECURITY AND PUBLIC INTEREST WAIVERS.—

(A) IN GENERAL.—The head of an executive agency is authorized to waive the prohibition under paragraph (1) with respect to a covered contract if the head of the agency certifies in writing to the President that such waiver is for the national security of the United States or in the public interest of the United States, and includes in such certification a justification for the waiver and description of the contract to which the waiver applies. The authority in this subparagraph may not be delegated below the level of the senior procurement executive of the agency.

(B) CONGRESSIONAL NOTIFICATION.—The head of an executive agency shall, not later than 7 days before issuing a waiver described in subparagraph (A), submit to the appropriate congressional committees the certification described in such subparagraph.

(4) EMERGENCY RULEMAKING AUTHORITY.—Not later than 60 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Administrator of General Services and the Secretary of Defense, shall promulgate regulations for agency implementation of this Act using emergency rulemaking procedures while considering public comment to the greatest extent practicable, that includes the following:

(A) A list of equipment, facilities, personnel, products, services, or other items or activities, the engagement with which would be considered business operations, subject to the prohibition under paragraph (1).

(B) A requirement for a contractor or offeror to represent whether such contractor or offeror uses any of the items on the list described in subparagraph (A).

(5) DEFINITIONS.—In this section:

(A) 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.

(B) BUSINESS OPERATIONS.—

(i) IN GENERAL.—Except as provided in clauses (ii) and (iii), the term “business operations” means engaging in commerce in any form, including acquiring, developing, selling, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

(ii) EXCEPTIONS.—The term “business operations” does not include any of the following:

(I) Action taken for the benefit of the country of Ukraine.

(II) Action serving humanitarian purposes to meet basic human needs, including through a hospital, school, or non-profit organization.

(III) The provision of products or services for compliance with legal, reporting, or other requirements of the laws or standards of countries other than the Russian Federation.

(IV) Journalistic and publishing activities, news reporting, or the gathering and dissemination of information, informational materials, related services, or transactions ordinarily incident to journalistic and publishing activities.

(iii) EXCEPTION FOR SUSPENSION OR TERMINATION ACTIONS.—The term “business operations” does not include action taken to support the suspension or termination of business operations (as described in clause (i)) for the duration of the covered period, including—

(I) an action to secure or divest from facilities, property, or equipment;

(II) the provision of products or services provided to reduce or eliminate operations in territory internationally recognized as the Russian Federation or to comply with sanctions relating to the Russian Federation; and

(III) activities that are incident to liquidating, dissolving, or winding down a subsidiary or legal entity in Russia through which operations had been conducted.

(C) COVERED CONTRACT.—The term “covered contract” means a prime contract entered into by an executive agency with a company conducting business operations in territory internationally recognized as the Russian Federation during the covered period.

(D) COVERED PERIOD.—The term “covered period” means the period of time beginning 90 days after the date of the enactment of this Act and ending on a date that is determined by the Secretary of State based on steps taken by the Russian Federation to restore the safety, sovereignty, and condition of the country of Ukraine, or 10 years after the date of the enactment of this Act, whichever is sooner.

(E) EXECUTIVE AGENCY.—The term “executive agency” has the meaning given the term in section 133 of title 41, United States Code.

SEC. 5867. 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 Management, shall establish a program to provide financial support for pursuit of programs of education at institutions of higher education that have been designated as a Center of Academic Excellence in Cyber Education as defined in section 2200e of title 10, United States Code, in covered disciplines.

(2) DESIGNATION.—The program established under paragraph (1) shall be known as the “Department of Defense Cyber and Digital Service Academy” (in this section the “Program”).

(3) 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) Cyber-related arts and sciences.

(B) Cyber-related engineering.

(D) Applied analysts-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.

(b) Program description and components.—The Program shall—

(1) provide scholarships through institutions of higher education described in subsection (a)(1) to students who are enrolled in programs of education at such institutions leading to degrees or specialized program certifications in covered disciplines;

(2) prioritize the placement of scholarship recipients fulfilling the post-award employment obligation under this section; and

(3) coordinate with the Cyber Scholarship Program as authorized in chapter 112 of title 10, United States Code.

(1) AMOUNT OF ASSISTANCE.—Each scholarship under the Program shall be in such amount as the Secretary determines is necessary to pay all educational expenses incurred by that person, including tuition, fees, cost of books, laboratory expenses, and expenses of room and board, for the pursuit of the program of education for which the assistance is provided under the Program. 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 in periods between the academic years leading to the degree for which assistance is provided the person under the Program.

(3) PERIOD OF SUPPORT.—Each scholarship under the Program shall be for not more than 5 years.

(4) ADDITIONAL STIPEND.—Students demonstrating financial need, as determined by the Secretary, may be provided with an additional stipend under the Program.

(d) Post-award employment obligations.—Each scholarship recipient, as a condition of receiving a scholarship under the Program, shall enter into an agreement under which the recipient agrees to work for a period equal to the length of the scholarship, following receipt of the student’s degree or specialized program certification, in the cyber- and digital technology-related missions of the Department, in accordance with the terms and conditions specified by the Secretary in regulations the Secretary shall promulgate to carry out this subsection.

(e) Hiring authority.—In carrying out this section, specifically with respect to enforcing the obligations and conditions of employment under subsection (d), the Secretary may use an authority otherwise available to the Secretary for the recruitment, employment, and retention of civilian personnel within the Department, including authority under section 1588f of title 10, United States Code.

(f) Eligibility.—To be eligible to receive a scholarship under this section, 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;

(3) have demonstrated a high level of competency in relevant knowledge, skills, and abilities, as defined by the national cybersecurity awareness and education program under section 303 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7443);

(4) be a full-time student, or have been accepted as a full-time student, in a program leading to a degree or specialized program certification in a covered discipline at an institution of higher education;

(5) enter into an agreement accepting and acknowledging the post award employment obligations, pursuant to section (d);

(6) accept and acknowledge the conditions of support under section (g); and

(7) accept all terms and conditions of a scholarship under this section and meet such other requirements for a scholarship as determined 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;

(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 described in subsection (a)(1) shall—

(1) enter into an agreement with the Secretary to monitor the compliance of scholarship recipients with respect to their post-award employment obligations; and

(2) provide to the Secretary and the Director of the Office of Personnel Management, on an annual basis, the post-award employment documentation required under subsection (g)(1) for scholarship recipients through the completion of their post-award employment obligations.

(i) Amount of repayment.—

(1) LESS THAN 1 YEAR OF SERVICE.—If a circumstance described in subsection (g)(2) occurs before the completion of 1 year of a post-award employment obligation under the Program, the total amount of scholarship awards received by the individual under the Program shall be considered a debt to the Government and repaid in its entirety.

(2) 1 OR MORE YEARS OF SERVICE.—If a circumstance described in subparagraph (D) or (E) of subsection (g)(2) occurs after the completion of 1 or more years of a post-award employment obligation under the Program, the total amount of scholarship awards received by the individual under the Program, reduced by the ratio of the number of years of service completed divided by the number of years of service required, shall be considered a debt to the Government and repaid in accordance with subsection (j).

(j) Repayments.—A debt described in subsection (i) shall be subject to repayment, together with interest thereon accruing from the date of the scholarship award, in accordance with terms and conditions specified by the Secretary in regulations promulgated to carry out this subsection.

(k) Collection of repayment.—

(1) IN GENERAL.—In the event that a scholarship recipient is required to repay the scholarship award under the Program, the institution of higher education providing the scholarship shall—

(A) determine the repayment amounts and notify the recipient, the Secretary, and the Director of the Office of Personnel Management of the amounts owed; and

(B) collect the repayment amounts within a period of time as determined by the Secretary.

(2) RETURNED TO TREASURY.—Except as provided in paragraph (3), any repayment under this subsection shall be returned to the Treasury of the United States.

(3) RETAIN PERCENTAGE.—An institution of higher education may retain a percentage of any repayment the institution collects under this subsection to defray administrative costs associated with the collection. The Secretary shall establish a single, fixed percentage that will apply to all eligible entities.

(l) Public information.—

(1) EVALUATION.—The Secretary, in coordination with the Director of the Office of Personnel Management, shall periodically evaluate and make public, in a manner that protects the personally identifiable information of scholarship recipients, information on the success of recruiting individuals for scholarships under the Program and on hiring and retaining those individuals in the Department of Defense workforce, including information on—

(A) placement rates;

(B) where students are placed, including job titles and descriptions;

(D) how long after graduation students are placed;

(E) how long students stay in the positions they enter upon graduation;

(F) how many students are released from obligations; and

(G) what, if any, remedial training is required.

(2) REPORTS.—The Secretary, in coordination with the Office of Personnel Management, shall submit, not less frequently than once every two years, to Congress a report, including—

(A) the results of the evaluation under paragraph (1);

(B) the disparity in any reporting between scholarship recipients and their respective institutions of higher education; and

(C) any recent statistics regarding the size, composition, and educational requirements of the relevant Department of Defense workforce.

(3) RESOURCES.—The Secretary, in coordination with the Director of the Office of Personnel Management, shall provide consolidated and user-friendly online resources for prospective scholarship recipients, including, to the extent practicable—

(A) searchable, up-to-date, and accurate information about participating institutions of higher education and job opportunities related to the field of cybersecurity; and

(B) a modernized description of cybersecurity careers.

(m) Allocation of funding.—

(1) IN GENERAL.—Not less than 50 percent of the amount available for financial assistance under this section for a fiscal year shall be available only for providing financial assistance for the pursuit of programs of education referred to in subsection (b)(1) at institutions of higher education that have established, improved, or are administering programs of education in cyber disciplines under the grant program established in section 2200b of title 10, United States Code, as determined by the Secretary of Defense.

(2) ASSOCIATES DEGREES.—Not less than five percent of the amount available for financial assistance under this section for a fiscal year shall be available for providing financial assistance for the pursuit of an associate degree at an institution described in paragraph (1).

(n) Board of directors.—In order to help identify workforce needs and trends relevant to the Program, the Secretary may establish a board of directors for the Program that consists of representatives of Federal departments and agencies.

(o) Commencement of Program.—The Secretary shall commence the Program as early as practicable, with the first scholarships awarded under the Program for the academic year beginning not later than the Fall semester of 2024.

SEC. 5868. Democracy disruption in the Middle East and Africa.

(a) In general.— Not later than 180 days after the date of the enactment of this Act, and every year thereafter for 5 fiscal years, the Secretary of State, in consultation with the Secretary of Defense and Director of National Intelligence, shall submit to the appropriate congressional committees a report describing actions by relevant foreign governments that act to undermine democracy in the United States Central Command or United States Africa Command area of responsibility, including through the disruption of nascent democratic movements, transnational repression, or bolstering authoritarian governments in countries other than their own.

(b) Matters to be included.—The report required by subsection (a) shall include the following:

(1) An assessment of whether and the extent to which relevant governments provide financial or other economic support, or technical assistance, to authoritarian leaders with the purpose of supporting—

(A) the short, medium, and long-term viability of authoritarians as head of states; or

(B) heads of states who have—

(i) conducted a coup d’etat or other seizure of power in which the military played a decisive role;

(ii) undermined the independence of the judiciary;

(iii) facilitated the unconstitutional removal of a portion or entirety of a democratically elected government or legislature; or

(iv) removed term limits or consolidated executive authority through the unilateral cancellation or revision of a country’s constitution.

(2) A determination of whether relevant governments either directly or through third parties, throughout the United States Central Command or United States Africa Command area of responsibility—

(A) undermine electoral systems or act to discredit or overturn the results of democratic elections in other countries;

(B) assist authoritarian governments in intimidating or harassing members of civil society or in limiting the ability of members of civil society to operate without fear of criminal charges or detention; or

(3) A list of armed groups, including militias, private military corporations, mercenaries, or paramilitaries, that receive monetary, military, or other material support from relevant foreign governments.

(4) An assessment of whether actors in the list in paragraph (3) have committed gross violations of international recognized human rights.

(5) A detailed analysis of relevant foreign governments’ diplomatic support, whether bilaterally or in international organizations, for military or civilian leaders who meet criteria in paragraph (1)(B).

(6) An assessment of whether relevant foreign governments engage in a consistent pattern of acts of transnational repression and intimidation or harassment directed against individuals in the United States, including—

(A) funding, either directly or through third parties, the use of inauthentic social media accounts which target specific individuals in an attempt to silence, intimidate, or harass nonviolent critics or dissenters;

(B) targeted imprisonment of family members on politically motivated charges; or

(c) Form.—The report required by subsection (a) shall be submitted in unclassified form, but the portions of the report described in section (b) may contain a classified annex, so long as such annex is provided separately from the unclassified report.

(d) Definitions.—In this section—

(1) the term “appropriate congressional committees” means—

(A) the Committee on Foreign Affairs, 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 Armed Services, and the Select Committee on Intelligence of the Senate; and

(2) the term “relevant foreign government” means the government of a country in the United States Central Command or United States Africa Command area of responsibility that—

(A) received United States security assistance, including under authorities of title 10, United States Code, during the previous 10 fiscal years; or

(B) hosts United States military personnel other than those permanently assigned to a United States Embassy in their respective countries.

SEC. 5869. Feasibility study on United States support for and participation in the international counterterrorism academy in Cote d’Ivoire.

(a) Statement of policy.—It is the policy of the United States to partner with West African governments where possible to mitigate and counter growing regional insecurity resulting from the spread of armed conflict and terrorism, including by providing assistance to train, equip, and mentor West African security services to counter threats to regional and national security through a whole-of-government approach.

(b) Feasibility study.—Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Defense, shall conduct a feasibility study regarding the provision of U.S. assistance for infrastructure, training, equipment, and other forms of support to institutionalize the International Counterterrorism Academy (Académie Internationale de Lutte Contre le Terrorisme or AILCT) in Jacqueville, Cote D’Ivoire that—

(1) Provides a legal analysis of existing authorities to provide U.S. 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;

(3) Assesses any planned and pledged contributions from other countries to ensure appropriate sustainment of the facilities and burden sharing.

(c) Forms.—The feasibility study required under 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 of the Senate and the Committee on Foreign Affairs of the House of Representatives;

(2) the Committees on Armed Services of the Senate and of the House of Representatives; and

(3) the Committees on Appropriations of the Senate and of the House of Representatives.

SEC. 5870. Memorial for those who lost their lives in the attack on Hamid Karzai International Airport on August 26, 2021.

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. 5871. Reports on substance abuse in the Armed Forces.

(a) Inspector General of the Department of Defense.—Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, and the Commandant of the Marine Corp shall each submit to the Committees on Armed Services of the Senate and of the House of Representatives a report on substance abuse disorder treatment concerns related to service members and their dependents.

(b) Comptroller General of the United States.—Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, and the Commandant of the Marine Corp shall submit to Congress a report regarding the use of substance abuse disorder treatment programs located at or around each installation. The report shall detail the number of service members and dependents that are referred to treatment programs, either residential or outpatient, and either internal or contracted, the absence of treatment capabilities within an installation or grouping of military installations, and the costs associated with sending service members or their dependents away from the immediate area for substance use disorder treatment. The report shall also set forth how the individual branches of the Armed Forces are incorporating substance abuse disorder treatment into mental health services both internal and contracted.

SEC. 5872. GAO report on civilian support positions at remote military installations.

(a) In general.—Not later than 2 years after the date of enactment of this Act, the Comptroller General shall assess and submit a report to the Secretary of Defense on the following:

(1) The average number of vacancies for civilian support services positions at remote or isolated military installations in comparison to vacancies for such positions at other military installations. In carrying out this paragraph, the Comptroller General shall account for the differences in military population size.

(2) The average number of days required to fill such a vacancy at a remote and isolated military installation in comparison to filling a vacancy of a position with the same duties (to the greatest extent practicable) at such other installations.

(3) Any recommendations on additional hiring incentives for civilian support services positions described in subsection (b)(1)(A) at a remote or isolated installations, and any recommendations on ways to ensure that such positions described in subsection (b)(1)(B) are able to effectively staff positions in order to meet the mission of their applicable military installation.

(b) Definitions.—In this section—

(1) the term “civilian support services positions” means—

(A) any position within the civil service (as that term is defined in section 2101 of title 5, United States Code), including any nonappropriated fund (NAF) position; and

(B) any Federal contractor (or subcontractor at any tier); and

(2) the term “military installation” has the meaning given that term in section 2801 of title 10, United States Code.

SEC. 5873. GAO study on Foreign Service Institute’s School of Language Studies.

(a) In general.—The Comptroller General of the United States shall conduct a study on whether the Foreign Service Institute’s School of Language Studies curriculum and instruction effectively prepares United States Government employees to advance United States diplomatic and national security priorities abroad.

(b) Matters to be included.—The report required by subsection (a) shall include—

(1) an analysis of the teaching methods used at the Foreign Service Institute’s School of Language Studies;

(2) a comparative analysis on the benefits of language proficiency compared to practical job oriented language learning;

(3) an analysis of whether the testing regiment at the School of Language Studies is an effective measure of ability to communicate and carry out an employee’s duties abroad; and

(4) an analysis of qualifications for training specialists and language and culture instructors at the School of Language Studies.

SEC. 5874. Report on waivers under section 907 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992.

(a) Report required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, shall submit a report to the appropriate congressional committees on United States security assistance provided to the Government of Azerbaijan pursuant to a waiver under section 907 of the FREEDOM Support Act (22 U.S.C. 5812 note).

(b) Elements.—The report under subsection (a) shall address the following:

(1) Documentation of the Department of State’s consideration of all section 907 waiver requirements during the 5-year period ending on the date of the enactment of this Act.

(2) Further program-level detail and end-use monitoring reports of security assistance provided to the Government of Azerbaijan under a section 907 waiver during such 5-year period.

(3) The impact of United States security assistance provided to Azerbaijan on the negotiation of a peaceful settlement between Armenia and Azerbaijan over all disputed regions during such 5-year period.

(4) The impact of United States security assistance provided to Azerbaijan on the military balance between Azerbaijan and Armenia during such 5-year period.

(5) An assessment of Azerbaijan’s use of offensive force against Armenia or violations of Armenian sovereign territory from November 11, 2020, to the date of the enactment of this Act.

(c) Briefing.—The Secretary of State, in coordination with the Secretary of Defense, shall brief the appropriate congressional committees not later than 180 days after the date of the enactment of this Act on the contents of the report required under subsection (a).

(d) Appropriate congressional committees.—In this section, the term “appropriate congressional committees” means—

(1) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and

(2) the Committee on Armed Services and the Committee on Foreign Relations of the Senate.

SEC. 5875. Amendments to the Ukraine Freedom Support Act of 2014.

The Ukraine Freedom Support Act of 2014 (22 U.S.C. 8921 et seq.) is amended—

(1) by redesignating section 11 as section 13; and

(2) by inserting after section 10 the following new sections:

“SEC. 11. Working Group on Semiconductor Supply Disruptions.

“(a) In general.—Not later than 30 days after the date of the enactment of this section, the President shall establish an interagency working group to address semiconductor supply chain issues caused by Russia’s illegal and unprovoked attack on Ukraine.

“(b) Membership.—The interagency working group established pursuant to subsection (a) shall be comprised of the head, or designee of the head, of each of the following:

“(1) The Department of State.

“(2) The Department of Defense.

“(3) The Department of Commerce.

“(4) The Department of the Treasury.

“(5) The Office of the United States Trade Representative.

“(6) The Department of Interior.

“(7) The Department of Energy.

“(8) The Department of Homeland Security.

“(9) The Department of Labor.

“(10) Any other Federal department or agency the President determines appropriate.

“(c) Chair.—The Secretary of State shall serve as the chair of the working group established pursuant to subsection (a).

“SEC. 12. Reports on semiconductor supply chain disruptions.

“(a) Report on impact of Russia’s invasion of Ukraine.—Not later than 60 days after the date of the enactment of this section, the Secretary of State shall submit to the committees listed in subsection (b) a report of the interagency working group that—

“(1) reviews and analyzes—

“(A) the impact of Russia’s unprovoked attack on Ukraine on the supply of palladium, neon gas, helium, and hexafluorobutadiene (C4F6); and

“(B) the impact, if any, on supply chains and the global economy;

“(2) recounts diplomatic efforts by the United States to work with other countries that mine, synthesize, or purify palladium, neon gas, helium, or hexafluorobutadiene (C4F6);

“(3) quantifies the actions resulting from these efforts to diversify sources of supply of these items;

“(4) sets forth steps the United States has taken to bolster its production or secure supply of palladium or other compounds and elements listed in paragraph (1)(A);

“(5) lists any other important elements, compounds, or products in the semiconductor supply chain that have been affected by Russia’s illegal attack on Ukraine; and

“(6) recommends any potential legislative steps that could be taken by Congress to further bolster the supply of elements, compounds, or products for the semiconductor supply chain that have been curtailed as a result of Russia’s actions.

“(b) Committees listed.—The committees listed in this subsection are—

“(1) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Energy and Commerce of the House of Representatives; and

“(2) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Commerce, Science, and Transportation of the Senate.

“(c) Annual report on potential future shocks to semiconductor supply chains.—

“(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this section, and annually thereafter for 5 years, 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 of the interagency working group that—

“(A) outlines and plans for the most likely future geopolitical developments that could severely disrupt global semiconductor supply chains in ways that could harm the national security or economic interests of the United States;

“(B) forecasts the various potential impacts on the global supply chain for semiconductors, and products that use semiconductors, from the developments outlined pursuant to subparagraph (A), as well as the following contingencies—

“(i) an invasion of Taiwan or geopolitical instability or conflict in East Asia;

“(ii) a broader war or geopolitical instability in Europe;

“(iii) strategic competitors dominating parts of the supply chain and leveraging that dominance coercively;

“(iv) a future international health crisis; and

“(v) natural disasters or shortages of natural resources and raw materials;

“(C) describes the kind of continency plans that would be needed for the safe evacuation of individuals with deep scientific and technical knowledge of semiconductors and their supply chain from areas under risk from conflict or natural disaster; and

“(D) evaluates the current technical and supply chain work force expertise within the Federal government to carry out these assessments.”.

SEC. 5876. GAO study on end use monitoring.

Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a review of the implementation by the Department of Defense and the Department of State of end-use monitoring, including—

(1) how well end-use monitoring deters misuse or unauthorized use of equipment;

(2) how the Departments identify persistent geographic areas of concern for closer monitoring; and

(3) how the Departments identify trends, learn from those trends, and implement best practices.

SEC. 5877. Sense of Congress regarding the life and legacy of Senator Joseph Maxwell Cleland.

(a) Findings.—Congress finds the following:

(1) Joseph Maxwell Cleland was born August 24, 1942, in Atlanta, Georgia, the child of Juanita Kesler Cleland and Joseph Hughie Cleland, a World War II veteran, and grew up in Lithonia, Georgia.

(2) Joseph Maxwell Cleland graduated from Stetson University in Florida in 1964, and received his Master’s Degree in history from Emory University in Atlanta, Georgia.

(3) Following his graduation from Stetson University, Joseph Maxwell Cleland received a Second Lieutenant’s Commission in the Army through its Reserve Officers' Training Corps program.

(4) Joseph Maxwell Cleland volunteered for duty in the Vietnam War in 1967, serving with the 1st Cavalry Division.

(5) On April 8, 1968, during combat at the mountain base at Khe Sanh, Joseph Maxwell Cleland was gravely injured by the blast of a grenade, eventually losing both his legs and right arm.

(6) Joseph Maxwell Cleland was awarded the Bronze Star for meritorious service and the Silver Star for gallantry in action.

(7) In 1970, Joseph Maxwell Cleland was elected to the Georgia Senate as the youngest member and the only Vietnam veteran, where he served until 1975.

(8) As a Georgia State Senator, Joseph Maxwell Cleland authored and advanced legislation to ensure access to public facilities in Georgia for elderly and handicapped individuals.

(9) In 1976, Joseph Maxwell Cleland began serving as a staffer on the Committee on Veterans Affairs of the Senate.

(10) In 1977, Joseph Maxwell Cleland was appointed by President Jimmy Carter to lead the Veterans Administration.

(11) He was the youngest Administrator of the Veterans Administration ever and the first Vietnam veteran to head the agency.

(12) He served as a champion for veterans and led the Veterans Administration to recognize, and begin to treat, post-traumatic stress disorder in veterans suffering the invisible wounds of war.

(13) Joseph Maxwell Cleland was elected in 1982 as Georgia’s Secretary of State, the youngest individual to hold the office, and served in that position for 14 years.

(14) in 1996, Joseph Maxwell Cleland was elected to the United States Senate representing Georgia.

(15) As a member of the Committee on Armed Services, Joseph Maxwell Cleland advocated for Georgia’s military bases, servicemembers, and veterans, including by championing key personnel issues, playing a critical role in the effort to allow servicemembers to pass their GI Bill education benefits to their children, and establishing a new veterans cemetery in Canton, Georgia.

(16) In 2002, Joseph Maxwell Cleland was appointed to the 9/11 Commission.

(17) In 2003, Joseph Maxwell Cleland was appointed by President George W. Bush to the Board of Directors for the Export-Import Bank of the United States, where he served until 2007.

(18) In 2009, Joseph Maxwell Cleland was appointed by President Barack Obama as Secretary of the American Battle Monuments Commission overseeing United States military cemeteries and monuments overseas, where he served until 2017.

(19) Joseph Maxwell Cleland authored 3 books: Strong at the Broken Places, Going for the Max: 12 Principles for Living Life to the Fullest, and Heart of a Patriot.

(20) Joseph Maxwell Cleland received numerous honors and awards over the course of his long and distinguished career.

(21) Joseph Maxwell Cleland was a patriot, veteran, and lifelong civil servant who proudly served Georgia, the United States, and all veterans and servicemembers of the United States.

(22) On November 9, 2021, at the age of 79, Joseph Maxwell Cleland died, leaving behind a legacy of service, sacrifice, and joy.

(b) Death of the Honorable Joseph Maxwell Cleland.—Congress has heard with profound sorrow of the death of the Honorable Joseph Maxwell Cleland, who served—

(1) with courage and sacrifice in combat in the Vietnam War;

(2) with unwavering dedication to Georgia as a State Senator, Secretary of State, and Senator; and

(3) with honorable service to the United States and veterans of the United States through his lifetime of public service and tenure as Administrator of the Veterans Administration.

SEC. 5878. Repeal of 1991 Authorization for Use of Military Force Against Iraq Resolution.

The Authorization for Use of Military Force Against Iraq Resolution (Public Law 102–1; 50 U.S.C. 1541 note) is repealed.

SEC. 5879. ONDCP supplemental strategies.

Section 706(h) of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1705(h)) is amended—

(1) in paragraph (5), by striking “; and” and inserting a semicolon;

(2) in paragraph (6), by striking the period at the end and inserting “; and”; and

(3) by adding at the end the following new paragraph:

“(7) develops performance measures and targets for the National Drug Control Strategy for supplemental strategies (the Southwest Border, Northern Border, and Caribbean Border Counternarcotics Strategies) to effectively evaluate region-specific goals, to the extent the performance measurement system does not adequately measure the effectiveness of the strategies, as determined by the Director, such strategies may evaluate interdiction efforts at and between ports of entry, interdiction technology, intelligence sharing, diplomacy, and other appropriate metrics, specific to each supplemental strategies region, as determined by the Director.”.

SEC. 5880. Support for Afghans applying for student visas.

(a) Exception with respect to residence.—To be eligible as a nonimmigrant described in section 101(a)(15)(F) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)), a national of Afghanistan or a person with no nationality who last habitually resided in Afghanistan shall meet all requirements for such nonimmigrant status except they shall not need to demonstrate residence in Afghanistan or an intention not to abandon such residence.

(b) Applicability.—

(1) IN GENERAL.—The exception under subsection (a) shall apply beginning on the date of the enactment of this Act and ending on the date that is two years after the date of the enactment of this Act.

(2) EXTENSION.—The Secretary of Homeland Security, in consultation with the Secretary of State, shall periodically review the country conditions in Afghanistan and may renew the exception under subsection (a) in 18 month increments based on such conditions.

SEC. 5881. Immigration age-out protections.

(a) Age-out protections for immigrants.—

(1) IN GENERAL.—Section 101(b) of the Immigration and Nationality Act (8 U.S.C. 1101(b)) is amended by adding at the end the following:

“(6) A determination of whether an alien is a child shall be made as follows:

“(A) For purposes of a petition under section 204 and a subsequent application for an immigrant visa or adjustment of status, such determination shall be made using the age of the alien on the date that is the priority date for the principal beneficiary and all derivative beneficiaries under section 203(h).

“(B) For purposes of a petition under section 214(d) and a subsequent application for adjustment of status under section 245(d), such determination shall be made using the age of the alien on the date on which the petition is filed with the Secretary of Homeland Security.

“(C) In the case of a petition under section 204 filed for an alien’s classification as a married son or daughter of a United States citizen under section 203(a)(3), if the petition is later converted, due to the legal termination of the alien’s marriage, to a petition to classify the alien as an immediate relative under section 201(b)(2)(A)(i) or as an unmarried son or daughter of a United States citizen under section 203(a)(1), the determination of the alien’s age shall be made using the age of the alien on the date of the termination of the marriage.

“(D) For an alien who was in status as a dependent child of a nonimmigrant pursuant to an approved employment-based petition under section 214 or an approved application under section 101(a)(15)(E) for an aggregate period of eight years prior to the age of 21, notwithstanding subparagraphs (A) through (C), the alien’s age shall be based on the date that such initial nonimmigrant employment-based petition or application was filed.

“(E) For an alien who has not sought to acquire status of an alien lawfully admitted for permanent residence within two years of an immigrant visa number becoming available to such alien, the alien’s age shall be their biological age unless the failure to seek to acquire status was due to extraordinary circumstances.

“(7) An alien who has reached 21 years of age and has been admitted under section 203(d) as a lawful permanent resident on a conditional basis as the child of an alien lawfully admitted for permanent residence under section 203(b)(5), whose lawful permanent resident status on a conditional basis is terminated under section 216A or section 203(b)(5)(M), shall continue to be considered a child of the principal alien for the purpose of a subsequent immigrant petition by such alien under section 203(b)(5) if the alien remains unmarried and the subsequent petition is filed by the principal alien not later than 1 year after the termination of conditional lawful permanent resident status. No alien shall be considered a child under this paragraph with respect to more than 1 petition filed after the alien reaches 21 years of age.”.

(2) TECHNICAL AND CONFORMING AMENDMENT.—Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) is amended by striking subsection (f).

(3) EFFECTIVE DATE.—

(A) IN GENERAL.—The amendments made by this section shall be effective as if included in the Child Status Protection Act (Public Law 107–208).

(B) MOTION TO REOPEN OR RECONSIDER.—

(i) IN GENERAL.—A motion to reopen or reconsider the denial of a petition or application described in paragraph (6) of section 101(b), as amended in paragraph (1), may be granted if—

(I) such petition or application would have been approved if the amendments described in such paragraph had been in effect at the time of adjudication of the petition or application;

(II) the individual seeking relief pursuant to such motion was in the United States at the time the underlying petition or application was filed; and

(III) such motion is filed with the Secretary of Homeland Security or the Attorney General not later than the date that is 2 years after the date of the enactment of this Act.

(ii) NUMERICAL LIMITATIONS.—Notwithstanding any other provision of law, an individual granted relief pursuant to such motion to reopen or reconsider shall be exempt from numerical limitations in sections 201, 202, and 203 of the Immigration and Nationality Act (8 U.S.C. 1151, 1152, and 1153).

(b) Age out protections for nonimmigrant dependent children.—Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following:

“(s) (1) Except as described in paragraph (2), the determination of whether an alien who is the derivative beneficiary of a properly filed pending or approved immigrant petition under section 204 is eligible to be a dependent child of a nonimmigrant admitted pursuant to an approved employer petition under this section or approved application under section 101(a)(15)(E), shall be based on whether the alien is determined to be a child under section 101(b)(6) of the Immigration and Nationality Act.

“(2) If otherwise eligible, an alien who is determined to be a child pursuant to section 101(b)(6)(D) may change status to or extend status as a dependent child of a nonimmigrant with an approved employment based petition under this section or an approved application under section 101(a)(15)(E), notwithstanding such alien’s marital status.

“(3) An alien who is admitted to the United States as a dependent child of a nonimmigrant who is described in this section is authorized to engage in employment in the United States incident to status.”.

(c) Priority date retention.—Section 203(h) of the Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended to read as follows:

“(h) Retention of priority dates.—

“(1) PRIORITY DATE.—The priority date for an alien shall be the date that is the earliest of—

“(A) the date that a petition under section 204 is filed with the Secretary of Homeland Security (or the Secretary of State, if applicable); or

“(B) the date on which a labor certification is filed with the Secretary of Labor.

“(2) RETENTION.—The principal beneficiary and all derivative beneficiaries shall retain the priority date associated with the earliest of any approved petition or labor certification and such priority date shall be applicable to any subsequently approved petition.”.

SEC. 5882. Medicare Improvement Fund.

Section 1898(b)(1) of the Social Security Act (42 U.S.C. 1395iii(b)(1)) is amended by striking “$7,500,000,000” and inserting “$7,279,000,000”.

SEC. 5883. Clean Water Act effluent limitations guidelines and standards and water quality criteria for PFAS.

(a) Deadlines.—

(1) WATER QUALITY CRITERIA.—Not later than the date that is 3 years after the date of enactment of this Act, the Administrator shall publish in the Federal Register human health water quality criteria under section 304(a)(1) of the Federal Water Pollution Control Act (33 U.S.C. 1314(a)(1)) to address each measurable perfluoroalkyl substance, polyfluoroalkyl substance, and class of those substances.

(2) EFFLUENT LIMITATIONS GUIDELINES AND STANDARDS FOR PRIORITY INDUSTRY CATEGORIES.—Not later than the following dates, the Administrator shall publish in the Federal Register a final rule establishing effluent limitations guidelines and standards, in accordance with the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), for each of the following industry categories for the discharge (including a discharge into a publicly owned treatment works) of each measurable perfluoroalkyl substance, polyfluoroalkyl substance, or class of those substances:

(A) DURING CALENDAR YEAR 2024.—Not later than June 30, 2024, for the following point source categories:

(i) Organic chemicals, plastics, and synthetic fibers, as identified in part 414 of title 40, Code of Federal Regulations (or successor regulations).

(ii) Electroplating, as identified in part 413 of title 40, Code of Federal Regulations (or successor regulations).

(iii) Metal finishing, as identified in part 433 of title 40, Code of Federal Regulations (or successor regulations).

(B) DURING CALENDAR YEAR 2025.—Not later than June 30, 2025, for the following point source categories:

(i) Textile mills, as identified in part 410 of title 40, Code of Federal Regulations (or successor regulations).

(ii) Electrical and electronic components, as identified in part 469 of title 40, Code of Federal Regulations (or successor regulations).

(iii) Landfills, as identified in part 445 of title 40, Code of Federal Regulations (or successor regulations).

(i) Leather tanning and finishing, as identified in part 425 of title 40, Code of Federal Regulations (or successor regulations).

(ii) Paint formulating, as identified in part 446 of title 40, Code of Federal Regulations (or successor regulations).

(iii) Plastics molding and forming, as identified in part 463 of title 40, Code of Federal Regulations (or successor regulations).

(b) Additional monitoring requirements.—

(1) IN GENERAL.—Effective beginning on the date of enactment of this Act, the Administrator shall require monitoring of the discharges (including discharges into a publicly owned treatment works) of each measurable perfluoroalkyl substance, polyfluoroalkyl substance, and class of those substances for the point source categories and entities described in paragraph (2). The monitoring requirements under this paragraph shall be included in any permits issued under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) after the date of enactment of this Act.

(2) CATEGORIES DESCRIBED.—The point source categories and entities referred to in paragraphs (1) and (3) are each of the following:

(A) Pulp, paper, and paperboard, as identified in part 430 of title 40, Code of Federal Regulations (or successor regulations).

(B) Airports (as defined in section 47102 of title 49, United States Code).

(3) DETERMINATION.—

(A) IN GENERAL.—Not later than December 31, 2023, the Administrator shall make a determination—

(i) to commence developing effluent limitations and standards for the point source categories and entities listed in paragraph (2); or

(ii) that effluent limitations and standards are not feasible for those point source categories and entities, including an explanation of the reasoning for this determination.

(B) REQUIREMENT.—Any effluent limitations and standards for the point source categories and entities listed in paragraph (2) shall be published in the Federal Register by not later than December 31, 2027.

(c) Notification.—The Administrator 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 each publication made under this section.

(d) Authorization of appropriations.—There is authorized to be appropriated to the Administrator to carry out this section $12,000,000 for fiscal year 2023, to remain available until expended.

(e) Definitions.—In this section:

(1) The term “Administrator” means the Administrator of the Environmental Protection Agency.

(2) The term “effluent limitation” has the meaning given the term in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362).

(3) The term “measurable”, with respect to a chemical substance or class of chemical substances, means capable of being measured using test procedures established under section 304(h) of the Federal Water Pollution Control Act (33 U.S.C. 1314(h)).

(4) The term “perfluoroalkyl substance” means a chemical of which all of the carbon atoms are fully fluorinated carbon atoms.

(5) The term “polyfluoroalkyl substance” means a chemical containing at least 1 fully fluorinated carbon atom and at least 1 carbon atom that is not a fully fluorinated carbon atom.

(6) The term “treatment works” has the meaning given the term in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292).

SEC. 5884. Amendments to the Maine Indian Claims Settlement Act of 1980.

(a) Application of State Laws.—The Maine Indian Claims Settlement Act of 1980 (Public Law 96–420) is amended—

(1) in section 3—

(A) in subsection (m), by striking “and” at the end;

(B) in subsection (n), by striking the period and inserting “; and”; and

“(o) ‘Mi’kmaq Nation’ means the sole successor to the Micmac Nation as constituted in aboriginal times in what is now the State of Maine, and all its predecessors and successors in interest, and which is represented, as of the date of enactment of this subsection, as to lands within the United States, by the Mi’kmaq Council.”; and

(2) in section 6—

(A) in subsection (a), by striking “provided in section 8(e) and section 5(d)(4)” and inserting “otherwise provided in this Act”; and

(B) in subsection (h)—

(i) by striking “Except as other wise provided in this Act, the” and inserting “The”;

(ii) in the first sentence, by inserting “or enacted for the benefit of” before “Indians, Indian nations”;

(iii) by inserting “that is in effect as of the date of the enactment of the Advancing Equality for Wabanaki Nations Act, (2)” after “United States (1)”;

(iv) by striking “also (2)” and inserting “also (3)”; and

(v) by striking “within the State” and inserting “within the State, unless Federal law or the State laws of Maine provide for the application of such Federal law or regulation”.

(b) Implementation of the Indian Child Welfare Act.—Section 8 of the Maine Indian Claims Settlement Act of 1980 (Public Law 96–420) is amended—

(1) in subsection (a)—

(A) by striking “or” after “Passamaquoddy Tribe” and inserting a comma;

(B) by inserting “, the Houlton Band of Maliseet Indians, or the Mi’kmaq Nation” after “Penobscot Nation”; and

(C) in the second sentence, by striking “respective tribe or nation” each place it appears and inserting “respective tribe, nation, or band”;

(2) in subsection (b)—

(A) by striking “or” after “Passamaquoddy Tribe” and inserting a comma; and

(B) by inserting “, the Houlton Band of Maliseet Indians, or the Mi’kmaq Nation” after “Penobscot Nation”;

(3) by striking subsection (e);

(4) by redesignating subsection (f) as subsection (e); and

(5) in subsection (e), as so redesignated—

(A) by striking “or” after “Passamaquoddy Tribe” and inserting a comma;

(B) by inserting “, the Houlton Band of Maliseet Indians, or the Mi’kmaq Nation” after “Penobscot Nation”; and

(1) by striking “(a)” at the beginning; and

(2) by striking subsection (b).

(d) Aroostook Band of Micmacs Settlement Act.—Section 8 of the Aroostook Band of Micmacs Settlement Act (Public Law 102–171) is repealed.

SEC. 5885. Sense of Congress that the Department of Veterans Affairs should be prohibited from denying home loans for veterans who legally work in the marijuana industry.

It is the sense of Congress that—

(1) veterans who have served our country honorably should not be denied access to Department of Veterans Affairs home loans on the basis of income derived from State-legalized cannabis activities;

(2) while the Department of Veterans Affairs has clarified that no statute or regulation specifically prohibits a veteran whose income is derived from State-legalized cannabis activities from obtaining a certificate of eligibility for Department of Veterans Affairs home loan benefits, many veterans continue to be denied access to home loans on the basis of income derived from State-legalized cannabis activities; and

(3) the Department of Veterans Affairs should improve communication with eligible lending institutions to reduce confusion among lenders and borrowers on this matter.

SEC. 5886. Hermit’s Peak/Calf Canyon Fire Assistance.

(a) Findings and purposes.—

(1) FINDINGS.—Congress finds that—

(A) on April 6, 2022, the Forest Service initiated the Las Dispensas-Gallinas prescribed burn on Federal land in the Santa Fe National Forest in San Miguel County, New Mexico, when erratic winds were prevalent in the area that was also suffering from severe drought after many years of insufficient precipitation;

(B) on April 6, 2022, the prescribed burn, which became known as the “Hermit’s Peak Fire”, exceeded the containment capabilities of the Forest Service, was declared a wildfire, and spread to other Federal and non-Federal land;

(C) on April 19, 2022, the Calf Canyon Fire, also in San Miguel County, New Mexico, began burning on Federal land and was later identified as the result of a pile burn in January 2022 that remained dormant under the surface before reemerging;

(D) on April 27, 2022, the Hermit’s Peak Fire and the Calf Canyon Fire merged, and both fires were reported as the Hermit’s Peak Fire or the Hermit’s Peak/Calf Canyon Fire, (referred hereafter in this subsection as the “Hermit’s Peak/Calf Canyon Fire”);

(E) by May 2, 2022, the fire had grown in size and caused evacuations in multiple villages and communities in San Miguel County and Mora County, including in the San Miguel county jail, the State’s psychiatric hospital, the United World College, and New Mexico Highlands University;

(F) on May 4, 2022, the President issued a major disaster declaration for the counties of Colfax, Mora, and San Miguel, New Mexico;

(G) on May 20, 2022, U.S. Forest Service Chief Randy Moore ordered a 90-day review of prescribed burn policies to reduce the risk of wildfires and ensure the safety of the communities involved;

(H) the U.S. Forest Service has assumed responsibility for the Hermit’s Peak/Calf Canyon Fire;

(I) the fire resulted in the loss of Federal, State, local, Tribal, and private property; and

(J) the United States should compensate the victims of the Hermit’s Peak/Calf Canyon Fire.

(2) PURPOSES.—The purposes of this section are—

(A) to compensate victims of the Hermit’s Peak/Calf Canyon Fire, for injuries resulting from the fire; and

(B) to provide for the expeditious consideration and settlement of claims for those injuries.

(b) Definitions.—In this section:

(1) ADMINISTRATOR.—The term “Administrator” means—

(A) the Administrator of the Federal Emergency Management Agency; or

(B) if a Manager is appointed under subsection (c)(1)(C), the Manager.

(2) HERMIT’S PEAK/CALF CANYON FIRE.—The term “Hermit’s Peak/Calf Canyon Fire” means—

(A) the fire resulting from the initiation by the Forest Service of a prescribed burn in the Santa Fe National Forest in San Miguel County, New Mexico, on April 6, 2022;

(B) the pile burn holdover resulting from the prescribed burn by the Forest Service, which reemerged on April 19, 2022; and

(C) the merger of the two fires described in subparagraphs (A) and (B), reported as the Hermit’s Peak Fire or the Hermit’s Peak Fire/Calf Canyon Fire.

(3) INDIAN TRIBE.—The term “Indian Tribe” 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).

(4) INJURED PERSON.—The term “injured person” means—

(A) an individual, regardless of the citizenship or alien status of the individual; or

(B) an Indian Tribe, corporation, Tribal corporation, partnership, company, association, county, township, city, State, school district, or other non-Federal entity (including a legal representative) that suffered injury resulting from the Hermit's Peak/Calf Canyon Fire.

(5) INJURY.—The term “injury” has the same meaning as the term “injury or loss of property, or personal injury or death” as used in section 1346(b)(1) of title 28, United States Code.

(6) MANAGER.—The term “Manager” means an Independent Claims Manager appointed under subsection (c)(1)(C).

(7) OFFICE.—The term “Office” means the Office of Hermit's Peak/Calf Canyon Fire Claims established by subsection (c)(1)(B).

(8) TRIBAL ENTITY.—The term “Tribal entity” includes any Indian Tribe, tribal organization, Indian-controlled organization serving Indians, Native Hawaiian organization, or Alaska Native entity, as such terms are defined or used in section 166 of the Workforce Innovation and Opportunity Act (25 U.S.C. 5304).

(1) IN GENERAL.—

(A) COMPENSATION.—Each injured person shall be entitled to receive from the United States compensation for injury suffered by the injured person as a result of the Hermit's Peak/Calf Canyon Fire.

(B) OFFICE OF HERMIT'S PEAK/CALF CANYON FIRE CLAIMS.—

(i) IN GENERAL.—There is established within the Federal Emergency Management Agency an Office of Hermit's Peak/Calf Canyon Fire Claims.

(ii) PURPOSE.—The Office shall receive, process, and pay claims in accordance with this section.

(iii) FUNDING.—The Office—

(I) shall be funded from funds made available to the Administrator under this section;

(II) may appoint and fix the compensation of such temporary personnel as may be necessary, without regard to the provisions of title 5, United States Code, governing appointments in competitive service; and

(III) may reimburse other Federal agencies for claims processing support and assistance.

(i) head the Office; and

(ii) assume the duties of the Administrator under this section.

(2) SUBMISSION OF CLAIMS.—Not later than 2 years after the date on which regulations are first promulgated under paragraph (6), an injured person may submit to the Administrator a written claim for 1 or more injuries suffered by the injured person in accordance with such requirements as the Administrator determines to be appropriate.

(3) INVESTIGATION OF CLAIMS.—

(A) IN GENERAL.—The Administrator shall, on behalf of the United States, investigate, consider, ascertain, adjust, determine, grant, deny, or settle any claim for money damages asserted under paragraph (2).

(B) APPLICABILITY OF STATE LAW.—Except as otherwise provided in this section, the laws of the State of New Mexico shall apply to the calculation of damages under paragraph (4)(D).

(i) shall be limited to actual compensatory damages measured by injuries suffered; and

(ii) shall not include—

(I) interest before settlement or payment of a claim; or

(II) punitive damages.

(4) PAYMENT OF CLAIMS.—

(A) DETERMINATION AND PAYMENT OF AMOUNT.—

(i) IN GENERAL.—

(I) PAYMENT.—Not later than 180 days after the date on which a claim is submitted under this section, the Administrator shall determine and fix the amount, if any, to be paid for the claim.

(II) PRIORITY.—The Administrator, to the maximum extent practicable, shall pay subrogation claims submitted under this section only after paying claims submitted by injured parties that are not insurance companies seeking payment as subrogees.

(ii) PARAMETERS OF DETERMINATION.—In determining and settling a claim under this section, the Administrator shall determine only—

(I) whether the claimant is an injured person;

(II) whether the injury that is the subject of the claim resulted from the fire;

(III) the amount, if any, to be allowed and paid under this section; and

(IV) the person or persons entitled to receive the amount.

(iii) INSURANCE AND OTHER BENEFITS.—

(I) IN GENERAL.—In determining the amount of, and paying, a claim under this section, to prevent recovery by a claimant in excess of actual compensatory damages, the Administrator shall reduce the amount to be paid for the claim by an amount that is equal to the total of insurance benefits (excluding life insurance benefits) or other payments or settlements of any nature that were paid, or will be paid, with respect to the claim.

(II) GOVERNMENT LOANS.—This subparagraph shall not apply to the receipt by a claimant of any government loan that is required to be repaid by the claimant.

(B) PARTIAL PAYMENT.—

(i) IN GENERAL.—At the request of a claimant, the Administrator may make 1 or more advance or partial payments before the final settlement of a claim, including final settlement on any portion or aspect of a claim that is determined to be severable.

(ii) JUDICIAL DECISION.—If a claimant receives a partial payment on a claim under this section, but further payment on the claim is subsequently denied by the Administrator, the claimant may—

(I) seek judicial review under paragraph (9); and

(II) keep any partial payment that the claimant received, unless the Administrator determines that the claimant—

(aa) was not eligible to receive the compensation; or

(bb) fraudulently procured the compensation.

(C) RIGHTS OF INSURER OR OTHER THIRD PARTY.—If an insurer or other third party pays any amount to a claimant to compensate for an injury described in paragraph (1), the insurer or other third party shall be subrogated to any right that the claimant has to receive any payment under this section or any other law.

(D) ALLOWABLE DAMAGES.—

(i) LOSS OF PROPERTY.—A claim that is paid for loss of property under this section may include otherwise uncompensated damages resulting from the Hermit's Peak/Calf Canyon Fire for—

(I) an uninsured or underinsured property loss;

(II) a decrease in the value of real property;

(III) damage to physical infrastructure, including irrigation infrastructure such as acequia systems;

(IV) a cost resulting from lost subsistence from hunting, fishing, firewood gathering, timbering, grazing, or agricultural activities conducted on land damaged by the Hermit's Peak/Calf Canyon Fire;

(V) a cost of reforestation or revegetation on Tribal or non-Federal land, to the extent that the cost of reforestation or revegetation is not covered by any other Federal program; and

(VI) any other loss that the Administrator determines to be appropriate for inclusion as loss of property.

(ii) BUSINESS LOSS.—A claim that is paid for injury under this section may include damages resulting from the Hermit's Peak/Calf Canyon Fire for the following types of otherwise uncompensated business loss:

(I) Damage to tangible assets or inventory.

(II) Business interruption losses.

(III) Overhead costs.

(IV) Employee wages for work not performed.

(V) Any other loss that the Administrator determines to be appropriate for inclusion as business loss.

(iii) FINANCIAL LOSS.—A claim that is paid for injury under this section may include damages resulting from the Hermit's Peak/Calf Canyon Fire for the following types of otherwise uncompensated financial loss:

(I) Increased mortgage interest costs.

(II) An insurance deductible.

(III) A temporary living or relocation expense.

(IV) Lost wages or personal income.

(V) Emergency staffing expenses.

(VI) Debris removal and other cleanup costs.

(VII) Costs of reasonable efforts, as determined by the Administrator, to reduce the risk of wildfire, flood, or other natural disaster in the counties impacted by the Hermit's Peak/Calf Canyon Fire to risk levels prevailing in those counties before the Hermit's Peak/Calf Canyon Fire, that are incurred not later than the date that is 3 years after the date on which the regulations under paragraph (6) are first promulgated.

(VIII) A premium for flood insurance that is required to be paid on or before May 31, 2024, if, as a result of the Hermit's Peak/Calf Canyon Fire, a person that was not required to purchase flood insurance before the Hermit's Peak/Calf Canyon Fire is required to purchase flood insurance.

(IX) A disaster assistance loan received from the Small Business Administration.

(X) Any other loss that the Administrator determines to be appropriate for inclusion as financial loss.

(5) ACCEPTANCE OF AWARD.—The acceptance by a claimant of any payment under this section, except an advance or partial payment made under paragraph (4)(B), shall—

(A) be final and conclusive on the claimant, with respect to all claims arising out of or relating to the same subject matter; and

(B) constitute a complete release of all claims against the United States (including any agency or employee of the United States) under chapter 171 of title 28, United States Code (commonly known as the “Federal Tort Claims Act”), or any other Federal or State law, arising out of or relating to the same subject matter.

(6) REGULATIONS AND PUBLIC INFORMATION.—

(A) REGULATIONS.—Notwithstanding any other provision of law, not later than 45 days after the date of enactment of this section, the Administrator shall promulgate and publish in the Federal Register interim final regulations for the processing and payment of claims under this section.

(B) PUBLIC INFORMATION.—

(i) IN GENERAL.—At the time at which the Administrator promulgates regulations under subparagraph (A), the Administrator shall publish, online and in print, in newspapers of general circulation in the State of New Mexico, a clear, concise, and easily understandable explanation, in English and Spanish, of—

(I) the rights conferred under this section; and

(II) the procedural and other requirements of the regulations promulgated under subparagraph (A).

(ii) DISSEMINATION THROUGH OTHER MEDIA.—The Administrator shall disseminate the explanation published under clause (i) through websites, blogs, social media, brochures, pamphlets, radio, television, and other media that the Administrator determines are likely to reach prospective claimants.

(7) CONSULTATION.—In administering this section, the Administrator shall consult with the Secretary of the Interior, the Secretary of Energy, the Secretary of Agriculture, the Administrator of the Small Business Administration, other Federal agencies, and State, local, and Tribal authorities, as determined to be necessary by the Administrator, to—

(A) ensure the efficient administration of the claims process; and

(B) provide for local concerns.

(8) ELECTION OF REMEDY.—

(A) IN GENERAL.—An injured person may elect to seek compensation from the United States for 1 or more injuries resulting from the Hermit's Peak/Calf Canyon Fire by—

(i) submitting a claim under this section;

(ii) filing a claim or bringing a civil action under chapter 171 of title 28, United States Code (commonly known as the “Federal Tort Claims Act”); or

(iii) bringing an authorized civil action under any other provision of law.

(B) EFFECT OF ELECTION.—An election by an injured person to seek compensation in any manner described in subparagraph (A) shall be final and conclusive on the claimant with respect to all injuries resulting from the Hermit's Peak/Calf Canyon Fire that are suffered by the claimant.

(i) IN GENERAL.—Not later than 45 days after the date of enactment of this Act, the Administrator shall establish by regulation procedures under which a dispute regarding a claim submitted under this section may be settled by arbitration.

(ii) ARBITRATION AS REMEDY.—On establishment of arbitration procedures under clause (i), an injured person that submits a disputed claim under this section may elect to settle the claim through arbitration.

(iii) BINDING EFFECT.—An election by an injured person to settle a claim through arbitration under this subparagraph shall—

(I) be binding; and

(II) preclude any exercise by the injured person of the right to judicial review of a claim described in paragraph (9).

(D) NO EFFECT ON ENTITLEMENTS.—Nothing in this section affects any right of a claimant to file a claim for benefits under any Federal entitlement program.

(9) JUDICIAL REVIEW.—

(A) IN GENERAL.—Any claimant aggrieved by a final decision of the Administrator under this section may, not later than 60 days after the date on which the decision is issued, bring a civil action in the United States District Court for the District of New Mexico, to modify or set aside the decision, in whole or in part.

(B) RECORD.—The court shall hear a civil action under subparagraph (A) on the record made before the Administrator.

(C) STANDARD.—The decision of the Administrator incorporating the findings of the Administrator shall be upheld if the decision is supported by substantial evidence on the record considered as a whole.

(10) ATTORNEY’S AND AGENT’S FEES.—

(A) IN GENERAL.—No attorney or agent, acting alone or in combination with any other attorney or agent, shall charge, demand, receive, or collect, for services rendered in connection with a claim submitted under this section, fees in excess of the limitations established under section 2678 of title 28, United States Code.

(B) VIOLATION.—An attorney or agent who violates subparagraph (A) shall be fined not more than $10,000.

(11) WAIVER OF REQUIREMENT FOR MATCHING FUNDS.—

(A) STATE AND LOCAL PROJECT.—

(i) IN GENERAL.—Notwithstanding any other provision of law, a State or local project that is determined by the Administrator to be carried out in response to the Hermit's Peak/Calf Canyon Fire under any Federal program that applies to an area affected by the Hermit's Peak/Calf Canyon Fire shall not be subject to any requirement for State or local matching funds to pay the cost of the project under the Federal program.

(ii) FEDERAL SHARE.—The Federal share of the costs of a project described in clause (i) shall be 100 percent.

(B) OTHER NEEDS PROGRAM ASSISTANCE.—Notwithstanding section 408(g)(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(g)(2)), for any emergency or major disaster declared by the President under that Act for the Hermit’s Peak/Calf Canyon Fire, the Federal share of assistance provided under that section shall be 100 percent.

(12) APPLICABILITY OF DEBT COLLECTION REQUIREMENTS.—Section 3711(a) of title 31, United States Code, shall not apply to any payment under this section, unless—

(A) there is evidence of civil or criminal fraud, misrepresentation, presentation of a false claim; or

(B) a claimant was not eligible under paragraph (4)(B) of this section to any partial payment.

(13) INDIAN COMPENSATION.—Notwithstanding any other provision of law, in the case of an Indian Tribe, a Tribal entity, or a member of an Indian Tribe that submits a claim under this section—

(A) the Bureau of Indian Affairs shall have no authority over, or any trust obligation regarding, any aspect of the submission of, or any payment received for, the claim;

(B) the Indian Tribe, Tribal entity, or member of an Indian Tribe shall be entitled to proceed under this section in the same manner and to the same extent as any other injured person; and

(C) except with respect to land damaged by the Hermit's Peak/Calf Canyon Fire that is the subject of the claim, the Bureau of Indian Affairs shall have no responsibility to restore land damaged by the Hermit's Peak/Calf Canyon Fire.

(14) REPORT.—Not later than 1 year after the date of promulgation of regulations under paragraph (6)(A), and annually thereafter, the Administrator shall submit to Congress a report that describes the claims submitted under this section during the year preceding the date of submission of the report, including, for each claim—

(A) the amount claimed;

(B) a brief description of the nature of the claim; and

(15) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as are necessary to carry out this section.

SEC. 5887. Open Technology Fund grants.

(a) In general.—In addition to grants made to the Open Technology Fund of the United States Agency for Global Media pursuant to section 305 of the United States International Broadcasting Act of 1994 (22 U.S.C. 6204) to make grants for the purposes specified in section 309A of such Act (22 U.S.C. 6208a), the Open Technology Fund may make grants to eligible entities to surge and sustain support for internet freedom technologies to counter acute escalations in censorship in closed countries.

(b) Methodology.—Grants under this section shall be made competitively, and shall be subject to audits by the Open Technology Fund to ensure that technologies described in subsection (a) are secure and have not been compromised in a manner detrimental to the interests of the United States or to individuals or organizations benefitting from programs supported by such grants.

(c) Reporting.—The Open Technology Fund shall annually submit to the Committee on Foreign Affairs, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Foreign Relations, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate a report on grants made and activities carried out pursuant to such grants during the immediately preceding fiscal year.

(d) Authorization of appropriations.—

(1) IN GENERAL.—There is authorized to be appropriated $5,000,000 for each of fiscal years 2023 through 2027 to carry out this section.

(2) AVAILABILITY.—Amounts authorized to be appropriated pursuant to this subsection are authorized to remain available until expended.

(e) Definitions.—In this section:

(1) CLOSED COUNTRIES.—The term “closed countries” means countries in which democratic participation, free expression, freedom of movement, or access to information is suppressed or explicitly prohibited through political, judicial, social, or technical means, or as otherwise determined by the Secretary of State, the Chief Executive Officer for the United States Agency for Global Media, or the President of the Open Technology Fund.

(2) ELIGIBLE ENTITIES.—The term “eligible entities” means public or private sector entities with proven and already-deployed technology relating to surging and sustaining support for internet freedom technologies to counter acute escalations in censorship in closed countries.

SEC. 5888. Strategic transformer reserve and resilience.

(a) Plan and report.—Not later than 18 months after the date of enactment of this section, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing—

(1) a plan for reducing the vulnerability of the electric grid to physical attack, cyber attack, electromagnetic pulse, geomagnetic disturbances, severe weather, climate change, and seismic events, including by—

(A) establishing a strategic transformer reserve that ensures that large power transformers, generator step-up transformers, power conversion equipment, and other critical electric grid equipment are strategically located to ensure timely replacement of such equipment as may be necessary to restore electric grid function rapidly in the event of severe damage to the electric grid due to physical attack, cyber attack, electromagnetic pulse, geomagnetic disturbances, severe weather, climate change, or seismic events; and

(B) establishing a coordinated plan to facilitate transportation of large power transformers, generator step-up transformers, power conversion equipment, and other critical electric grid equipment; and

(2) an evaluation of the benefits of establishing such a strategic transformer reserve, including the benefits of purchasing critical electric grid equipment that is made of iron and steel products produced in the United States.

(b) Transformer resilience.—The Secretary shall—

(1) improve large power transformers, generator step-up transformers, power conversion equipment, and other critical electric grid equipment by reducing their vulnerabilities;

(2) develop, test, and deploy innovative equipment designs that are more flexible and offer greater resiliency of electric grid functions;

(3) coordinate with industry and manufacturers to standardize large power transformers, generator step-up transformers, power conversion equipment, and other critical electric grid equipment;

(4) monitor and test large power transformers, generator step-up transformers, power conversion equipment, and other critical electric grid equipment that the Secretary determines may pose a risk to the bulk-power system or national security; and

(5) facilitate the domestic manufacturing of large power transformers, generator step-up transformers, power conversion equipment, and other critical electric grid equipment through the issuance of grants and loans, and through the provision of technical support.

(c) Consultation.—In carrying out this section, the Secretary shall consult with the Federal Energy Regulatory Commission, the Electricity Subsector Coordinating Council, the Electric Reliability Organization, manufacturers, and owners and operators of critical electric infrastructure and defense and military installations.

(d) Prevailing wages.—Any laborer or mechanic employed by any contractor or subcontractor in the performance of work funded directly, or assisted in whole or in part, by the Federal Government pursuant to this section shall be paid wages at rates not less than those prevailing on work of a similar character in the locality, as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the Davis-Bacon Act). With respect to the labor standards in this subsection, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.

(e) Authorization of appropriations.—There is authorized to be appropriated to carry out this section $75,000,000 for each of fiscal years 2022 through 2026, and such amounts shall remain available until expended.

(f) Definitions.—In this section:

(1) The terms “bulk-power system” and “Electric Reliability Organization” have the meaning given such terms in section 215 of the Federal Power Act (16 U.S.C. 824o).

(2) The term “critical electric infrastructure” has the meaning given such term in section 215A of the Federal Power Act (16 U.S.C. 824o–1).

(3) The term “iron and steel products” includes electrical steel used in the manufacture of—

(A) transformers; and

(B) laminations, cores, and other transformer components.

(4) The term “produced in the United States” means, with respect to iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

(1) The terms “Regional Transmission Organization”, “Independent System Operator”, and “State regulatory authority” have the meaning given such terms in section 3 of the Federal Power Act (16 U.S.C. 796).

(2) The term “Secretary” means the Secretary of Energy.

SEC. 5889. AI in Counterterrorism Oversight Enhancement.

(a) Short title.—This section may be cited as the “AI in Counterterrorism Oversight Enhancement Act”.

(b) Oversight of use of artificial intelligence-enabled technologies by executive branch for counterterrorism purposes.—

(1) AMENDMENTS TO AUTHORITIES AND RESPONSIBILITIES OF PRIVACY AND CIVIL LIBERTIES OFFICERS.—Section 1062 of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee–1) is amended—

(A) in subsection (a)—

(i) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5);

(ii) by inserting after paragraph (2) the following new paragraph:

“(3) provide to the Privacy and Civil Liberties Oversight Board, with respect to covered artificial intelligence-enabled technologies—

“(A) not later than 180 days after the date on which this paragraph takes effect, and every 6 months thereafter, written notice of the use of such technologies or the planned evaluation, use, development, acquisition, retention of services for, or repurposing of such technologies;

“(B) access to associated impact statements, including system of record notices, privacy impact assessments, and civil liberties impact assessments;

“(C) access to associated information and materials documenting—

“(i) the processes for data collection related to such technologies, for obtaining consent related to the use of such technologies, or for the disclosure of the use of such technologies;

“(ii) the algorithms and models of such technologies;

“(iii) the data resources used, or to be used, in the training of such technologies, including a comprehensive listing of any data assets or public data assets (or any combination thereof) used, or to be used, in the training of such technologies;

“(iv) data governance processes and procedures, including acquisition, protection, retention, sharing, and access, related to data resources associated with such technologies; and

“(v) processes for training and testing, evaluating, validating, and modifying such technologies; and

“(D) access to all other associated information and materials.”;

(B) in subsection (d)(1), by inserting “(including as described under subsection (a)(3))” after “officer”; and

“(i) Definitions.—In this section:

“(1) ARTIFICIAL INTELLIGENCE.—The term ‘artificial intelligence’ has the meaning given that term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2358 note).

“(2) COVERED ARTIFICIAL INTELLIGENCE-ENABLED TECHNOLOGY.—The term ‘covered artificial intelligence-enabled technology’ means an artificial intelligence-enabled technology (including a classified technology)—

“(A) in use by the applicable department, agency, or element to protect the Nation from terrorism; or

“(B) that the applicable department, agency, or element plans to evaluate, develop, acquire, retain, or repurpose to protect the Nation from terrorism.

“(3) DATA ASSET; PUBLIC DATA ASSET.—The terms ‘data asset’ and ‘public data asset’ have the meaning given those terms in section 3502 of title 44, United States Code.”.

(2) SELF-ASSESSMENT BY PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.—Not later than one year after the date of the enactment of this Act, the Privacy and Civil Liberties Oversight Board under section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee) shall provide to the appropriate committees (as described in subsection (e) of such section) a self-assessment of any change in authorities, resources, or organizational structure that may be necessary to carry out the functions described in subsection (d) of such section related to artificial intelligence-enabled technologies.

(3) DEFINITION.—In this section, the term “artificial intelligence” has the meaning given that term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2358 note).

(4) EFFECTIVE DATE.—Paragraphs (1) and (2), and the amendments made by such paragraphs, shall take effect on the date that is one year after the date of the enactment of this Act.

SEC. 5890. Elimination of termination clause for Global Engagement Center.

Section 1287 of Public Law 114–328 is amended by striking subsection (j).

SEC. 5891. Resolution of controversies under Servicemembers Civil Relief Act.

(a) In general.—Section 102 of the Servicemembers Civil Relief Act (50 U.S.C. 3912) is amended by adding at the end the following new subsection:

“(d) Written consent required for arbitration.—Notwithstanding any other provision of law, whenever a contract with a servicemember, or a servicemember and the servicemember’s spouse jointly, provides for the use of arbitration to resolve a controversy subject to a provision of this Act and arising out of or relating to such contract, arbitration may be used to settle such controversy only if, after such controversy arises, all parties to such controversy consent in writing to use arbitration to settle such controversy.”.

(b) Applicability.—Subsection (d) of such section, as added by subsection (a), shall apply with respect to contracts entered into, amended, altered, modified, renewed, or extended after the date of the enactment of this Act.

SEC. 5892. Limitation on waiver of rights and protections under Servicemembers Civil Relief Act.

(a) In general.—Section 107(a) of the Servicemembers Civil Relief Act (50 U.S.C. 3918(a)) is amended—

(1) in the second sentence, by inserting “and if it is made after a specific dispute has arisen and the dispute is identified in the waiver” after “to which it applies”; and

(2) in the third sentence, by inserting “and if it is made after a specific dispute has arisen and the dispute is identified in the waiver” after “period of military service”.

(b) Applicability.—The amendment made by subsection (a) shall apply with respect to waivers made on or after the date of the enactment of this Act.

SEC. 5893. Clarification of private right of action under Servicemembers Civil Relief Act.

Section 802(a) of the Servicemembers Civil Relief Act (50 U.S.C. 4042(a)) is amended—

(1) in the matter preceding paragraph (1), by inserting “, notwithstanding any previous agreement to the contrary,” after “may”; and

(2) in paragraph (3), by striking “, notwithstanding any previous agreement to the contrary”.

SEC. 5894. Definition of land use revenue under West Los Angeles Leasing Act of 2016.

Section 2(d)(2) of the West Los Angeles Leasing Act of 2016 (Public Law 114–226) is amended—

(1) in subparagraph (A), by striking “; and” and inserting a semicolon;

(2) by redesignating subparagraph (B) as subparagraph (C); and

(3) by inserting after subparagraph (A) the following new subparagraph:

“(B) to the extent specified in advance in an appropriations Act for a fiscal year, any funds received as compensation for an easement described in subsection (e); and”.

SEC. 5895. Report on the use of data and data science at the Department of State and USAID.

Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report containing the results of a study regarding—

(1) the use of data in foreign policy, global issues policy analysis, and decision-making at the Department of State;

(2) the use of data in development, development assistance policy, and development program design and execution at the United States Agency for International Development; and

(3) the use of data in recruitment, hiring, retention, and personnel decisions at the Department of State and the United States Agency for International Development, including the accuracy and use of data for comprehensive strategic workforce planning across all career and non-career hiring mechanisms.

SEC. 5896. Modification of reports to Congress under Global Magnitsky Human Rights Accountability Act.

Section 1264(a) of the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328; 22 U.S.C. 24 2656 note) 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:

“(7) a description of additional steps taken by the President through diplomacy, international engagement, and assistance to foreign or security sectors to address persistent underlying causes of conduct that is sanctionable under section 1263 in countries where those sanctioned are located; and

“(8) a description of additional steps taken by the President to ensure the pursuit of judicial accountability in appropriate jurisdictions with respect to those foreign persons subject to sanctions under section 1263.”.

SEC. 5897. Department of State fellowships for rule of law activities in Central America.

(a) Establishment.—The Secretary of State shall establish a fellowship program, to be known as the “Central American Network for Democracy”, to support a regional corps of civil society activists, lawyers (including members of the judiciary and prosecutors’ offices), journalists, and investigators.

(b) Elements.—This fellowship program shall—

(1) provide a temporary respite for members of the regional corps in a safe environment;

(2) allow the members to continue to work via engagement with universities, think tanks, government actors, and international organizations; and

(3) aid the members in leveraging lessons learned in order to contribute to regional democracy and rule of law activities in Central America, including electoral and transition support, institutional reform, anti-corruption investigations, and local engagement.

(1) to obtain support for the fellowship program from international foundations, regional and United States governmental and nongovernmental organizations, and regional and United States universities; and

(2) to ensure the fellowship program is well coordinated with and complementary of existing mechanisms such as the Lifeline Embattled CSO Assistance Fund.

(d) Focus; safety.—Activities carried out under the fellowship program—

(1) should focus on coordination and consultation with key agencies and international bodies to continue their democracy efforts, including the Department of State, the United States Agency for International Development, the Organization of American States, the Inter-American Court for Human Rights, the United Nations, the Department of Justice, and the Department of the Treasury; and

(2) may include strengthened protection for the physical safety of individuals who must leave their home country to participate in the program, including assistance for temporary relocation, English language learning, and mental health support.

(e) Authorization of Appropriations.—There are authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2023.

SEC. 5898. Report on all comprehensive sanctions imposed on foreign governments.

(a) In general.—Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States, in consultation with the Secretary of State, the Secretary of the Treasury, and the head of any other relevant Federal department or agency that the Comptroller General determines necessary, shall submit to the appropriate congressional committees a report on all comprehensive sanctions imposed on de jure or de facto governments of foreign countries, and all comprehensive sanctions imposed on non-state actors that exercise significant de facto governmental control over a foreign civilian population, under any provision of law.

(b) Matters to be included.—The report required by subsection (a) shall include—

(1) an assessment of the effect of sanctions imposed on the government of each foreign country and each non-state actor that exercises significant de facto governmental control over a foreign civilian population described in subsection (a) on—

(A) the ability of civilian population of the country to access water, food, sanitation, and public health services, including all humanitarian aid and supplies related to the prevention, diagnosis, and treatment of COVID-19;

(B) the changes to the general mortality rate, maternal mortality rate, life expectancy, and literacy;

(C) the extent to which there is an increase in refugees or migration to or from the country or an increase in internally displaced people in the country;

(D) the degree of international compliance and non-compliance of the country; and

(E) the licensing of transactions to allow access to essential goods and services to vulnerable populations, including the number of licenses applied for, approved, or denied and reasons why such licenses were denied, and average time to receive a decision; and

(2) a description of the purpose of sanctions imposed on the government of each foreign country and each non-state actor that exercises significant de facto governmental control over a foreign civilian population described in subsection (a) and the required legal or political authority, including—

(A) an assessment of United States national security;

(B) an assessment of whether the stated foreign policy goals of the sanctions are being met;

(D) an assessment of such sanctions on United States businesses, consumers, and financial institutions.

(c) Form.—The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex. The unclassified portion of the report shall be published on a publicly-available website of the Government of the United States.

(d) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Ways and Means of the House of Representatives; and

(2) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Finance of the Senate.

SEC. 5899. Wastewater assistance to colonias.

Section 307 of the Safe Drinking Water Act Amendments of 1996 (33 U.S.C. 1281 note) is amended—

(1) in subsection (a)—

(A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and

(B) by inserting after paragraph (1) the following:

“(2) COVERED ENTITY.—The term ‘covered entity’ means each of the following:

“(A) A border State.

“(B) A local government with jurisdiction over an eligible community.”;

(2) in subsection (b), by striking “border State” and inserting “covered entity”;

(3) in subsection (d), by striking “shall not exceed 50 percent” and inserting “may not be less than 80 percent”; and

(4) in subsection (e)—

(A) by striking “$25,000,000” and inserting “$100,000,000”; and

(B) by striking “1997 through 1999” and inserting “2023 through 2027”.

SEC. 5900. Contracts by the President, the Vice President, or a Cabinet Member.

(a) Amendment.—Section 431 of title 18, United States Code, is amended—

(1) in the section heading, by inserting “the President, the Vice President, a Cabinet Member, or a” after “Contracts by”; and

(2) in the first undesignated paragraph, by inserting “the President, the Vice President, or any member of the Cabinet,” after “Whoever, being”.

(b) Table of sections amendment.—The table of sections for chapter 23 of title 18, United States Code, is amended by striking the item relating to section 431 and inserting the following:

“431. Contracts by the President, the Vice President, a Cabinet Member, or a Member of Congress.”.

SEC. 5901. Statement of policy and report on engaging with Niger.

(a) Statement of policy.—It is the policy of the United States to—

(1) continue to support Niger’s efforts to advance democracy, good governance, human rights, and regional security within its borders through bilateral assistance and multilateral initiatives;

(2) enhance engagement and cooperation with the Nigerien government at all levels as a key component of stabilizing the Sahel, where frequent coups and other anti-democratic movements, food insecurity, violent extremism, and armed conflict threaten to further weaken governments throughout the region; and

(3) work closely with partners and allies throughout the international community to elevate Niger, which experienced its first democratic transition of power in 2021, as an example of transitioning from longstanding military governance and a cycle of coups to a democratic, civilian-led form of government.

(b) Report required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the heads of relevant departments and agencies, shall submit to the appropriate congressional committees a report on interagency efforts to enhance United States engagement with Niger as a key component of the United States Strategy toward the Sahel. Such report shall also include the following information with respect to the 2 fiscal years preceding the date of the submission of the report:

(1) A description of United States efforts to promote democracy, political pluralism, fiscal transparency and other good governance initiatives, human rights and the rule of law, and a robust and engaged civil society.

(2) A full, detailed breakdown of United States assistance provided to help the Nigerien Government develop a comprehensive national security strategy, including to counter terrorism, regional and transnational organized crime, intercommunal violence, and other forms of armed conflict, criminal activity, and other threats to United States and Nigerien national security.

(3) An analysis of relevant resources at United States Embassy Niamey, including whether staff in place by the end of the current fiscal year will be sufficient to meet various country and regional strategic objectives.

(4) An overview of foreign partner support for Niger’s intelligence and security sector.

(5) A detailed description of United States and international efforts to address food insecurity in Niger, including that which is caused by deforestation, desertification, and other climate change-related issues.

(6) A breakdown of United States funds obligated for humanitarian assistance in Niger, and an analysis of how the security situation in Niger has affected humanitarian operations and diplomatic engagement throughout the country.

(7) An assessment of foreign malign influence in Niger, with a specific focus on the People’s Republic of China, the Russian Federation, and their proxies.

(d) Appropriate congressional committees.—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. 5902. Interagency task force.

(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 better understand these measures in order to devise a comprehensive, effective, and multilateral response;

(2) the private sector is a crucial partner in helping the United States Government understand the PRC’s coercive economic measures and hold the PRC accountable, and that additional business transparency would help the United States Government and private sector stakeholders conduct early assessments of potential pressure points and vulnerabilities; and

(3) PRC coercive economic measures creates pressures for the private sector to behave in ways antithetical to United States national interests and competitiveness.

(b) Establishment.—Not later than 180 days after the date of the enactment of this Act, the President shall establish an interagency task force to be known as the “Countering Economic Coercion Task Force” (referred to in this section as the “Task Force”).

(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 measures, which shall include—

(i) systematically monitoring and evaluating—

(I) the costs of such measures on United States businesses and overall United States economic performance;

(II) instances in which such measures taken against a non-PRC entity has benefitted other parties; and

(III) the impacts such measures have had on United States national interests; and

(ii) facilitating coordination among Federal departments and agencies when responding to such measures as well as proactively deterring such economic coercion, including by clarifying the roles for departments and agencies identified in subsection (d) in implementing the strategy;

(B) consult with United States allies and partners on the feasibility and desirability of collectively identifying, assessing, and responding to PRC coercive economic measures, as well as actions that could be taken to expand coordination with the goal of ensuring a consistent, coherent, and collective response to such measures and establishing long-term deterrence to such measures;

(C) effectively engage the United States private sector, particularly sectors, groups, or other entities that are susceptible to such PRC coercive economic measures, on concerns related to such measures; 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 measures 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.

(d) Membership.—The President shall—

(1) appoint the chair of the Task Force from among the staff of the National Security Council;

(2) appoint the vice chair of the Task Force from among the staff of the National Economic Council; and

(3) direct the head of each of the following Federal departments and agencies to appoint personnel at the level of Assistant Secretary or above to participate in the Task Force:

(A) The Department of State.

(B) The Department of Commerce.

(D) The Department of Justice.

(E) The Office of the United States Trade Representative.

(F) The Department of Agriculture.

(G) The Office of the Director of National Intelligence and other appropriate elements of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)).

(H) The Securities and Exchange Commission.

(I) The United States International Development Finance Corporation.

(J) Any other department or agency designated by the President.

(e) Reports.—

(1) INITIAL REPORT.—Not later than one year after the date of the enactment of this Act, the Task Force shall submit to the appropriate congressional committees a report that includes the following elements:

(A) A comprehensive review of the array of economic tools the Government of the People’s Republic of China (PRC) employs or could employ in the future to coerce other governments, non-PRC companies (including United States companies), and multilateral institutions and organizations, including the Government of the PRC’s continued efforts to codify informal practices into its domestic law.

(B) The strategy required by subsection (c)(1)(A).

(i) the use of informal or extralegal PRC coercive economic measures; and

(ii) the illegitimate use of formal economic tools.

(D) A comprehensive review of the array of economic and diplomatic tools the United States Government employs or could employ to respond to economic coercion against the United States and United States allies and partners.

(E) A list of unilateral or multilateral—

(i) proactive measures to defend or deter against PRC coercive economic measures; and

(ii) actions taken in response to the Government of the PRC’s general use of coercive economic measures, including the imposition of reputational costs on the PRC.

(F) An assessment of areas in which United States allies and partners are vulnerable to PRC coercive economic measures.

(G) A description of gaps in existing resources or capabilities for United States Government departments and agencies to respond effectively to PRC coercive economic measures directed at United States entities and assist United States allies and partners in their responses to PRC coercive economic measures.

(H) An analysis of the circumstances under which the PRC employs different types of economic coercion and against what kinds of targets.

(I) An assessment, as appropriate, of international norms and regulations as well as any treaty obligations the PRC has stretched, circumvented, or broken through its economically coercive practices.

(2) INTERIM REPORTS.—

(A) FIRST INTERIM REPORT.—Not later than one year after the date on which the report required by paragraph (1) is submitted to the appropriate congressional committees, the Task Force shall submit to the appropriate congressional committees a report that includes the following elements:

(i) Updates to information required by subparagraphs (A) through (G) of paragraph (1).

(ii) A description of activities conducted by the Task Force to implement the strategy required by subsection (c)(1)(A).

(iii) An assessment of the implementation and effectiveness of the strategy, lessons learned from the past year, and planned changes to the strategy.

(B) SECOND INTERIM REPORT.—Not later than one year after the date on which the report required by subparagraph (A) is submitted to the appropriate congressional committees, 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 the appropriate congressional committees, the Task Force shall submit to the appropriate congressional committees and also make available to the public on the website of the Executive Office of the President a final report that includes the following elements:

(A) An analysis of PRC coercive economic measures and the cost of such coercive measures to United States businesses.

(B) A description of areas of possible vulnerability for United States businesses and businesses of United States partners and allies.

(C) Recommendations on how to continue the effort to counter PRC coercive economic measures, including through further coordination with United States allies and partners.

(D) A list of cases made public under subsection (f).

(4) FORM.—

(A) INITIAL AND INTERIM REPORTS.—The reports required by paragraphs (1), (2)(A), and (2)(B) shall be submitted in unclassified form, but may include a classified annex.

(B) FINAL REPORT.—The report required by paragraph (3) shall be submitted in unclassified form, but may include a classified annex.

(f) Publicly available list.—

(1) IN GENERAL.—Not later than 120 days after the date of the enactment of this Act, the Task Force shall to the extent practicable make available to the public on the website of the Executive Office of the President a list of cases in the past six months in which open source reporting indicates that the PRC has directed coercive economic measures against a non-PRC entity.

(2) UPDATES.—The list required by paragraph (1) should be updated every 180 days, and shall be managed by the Department of State after the termination of the Task Force under subsection (g).

(g) 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 the appropriate congressional committees and made publicly available.

(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).

(h) Definitions.—In this section:

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—

(A) the Committee on Foreign Affairs of the House of Representatives; and

(B) the Committee on Foreign Relations of the Senate.

(2) COERCIVE ECONOMIC MEASURES.—The term “coercive economic measures” includes formal or informal restrictions or conditions, such as on trade, investment, development aid, and financial flows, intended to impose economic costs on a non-People’s Republic of China target in order to achieve strategic political objectives, including influence over the policy decisions of a foreign government, company, organization, or individual.

SEC. 5903. Modification of duties of united states-china economic and security review commission.

Section 1238(c)(2)(H) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (22 U.S.C. 7002(c)(2)(H)) is amended by adding at the end before the period the following: “, and the People’s Republic of China’s use of such relations to economically or politically coerce other countries, regions, and international and regional entities, particularly treaty allies and major partners, to achieve China’s objectives in the preceding year”.

SEC. 5904. Taiwan Fellowship Program.

(a) Definitions.—In this section:

(1) AGENCY HEAD.—The term “agency head” means, in the case of the executive branch of United States Government, or in the case of a legislative branch agency specified 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, the Congressional Research Service, and the United States-China Economic and Security Review Commission of the legislative branch, as well as any agency of the executive branch.

(3) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—

(A) the Committee on Appropriations of the Senate;

(B) the Committee on Foreign Relations of the Senate;

(D) the Committee on Foreign Affairs of the House of Representatives.

(4) DETAILEE.—The term “detailee” means 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 such employee is employed.

(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 and exempt from tax under section 501(a) of such Code that—

(A) is selected through a competitive process;

(B) 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

(C) enters into a cooperative agreement with the American Institute in Taiwan to administer the Taiwan Fellowship Program.

(b) Establishment of Taiwan Fellowship Program.—

(1) ESTABLISHMENT.—The Secretary of State shall establish the “Taiwan Fellowship Program” (hereafter referred to in this section as the “Program”) to provide a fellowship opportunity in Taiwan of up to two years for eligible United States citizens through the cooperative agreement established in paragraph (2). The Department of State, in consultation with the American Institute in Taiwan and the implementing partner, may modify the name of the Program.

(2) COOPERATIVE AGREEMENTS.—

(A) IN GENERAL.—The American Institute in Taiwan shall use amounts authorized to be appropriated pursuant to subsection (f)(1) to enter into an annual or multi-year cooperative agreement with an appropriate implementing partner.

(B) FELLOWSHIPS.—The Department of State, in consultation with the American Institute in Taiwan and, as appropriate, the implementing partner, shall award to eligible United States citizens, subject to available funding—

(i) not fewer than five fellowships during the first two years of the Program; and

(ii) not fewer than ten fellowships during each of the remaining years of the Program.

(3) INTERNATIONAL AGREEMENT; IMPLEMENTING PARTNER.—Not later than 30 days after the date of the enactment of this Act, the American Institute in Taiwan, in consultation with the Department of State, shall—

(A) 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 the governing authorities on Taiwan; and

(B) begin the process of selecting an implementing partner, which—

(i) shall agree to meet all of the legal requirements required to operate in Taiwan; and

(ii) shall be composed of staff who demonstrate significant experience managing exchange programs in the Indo-Pacific region.

(4) CURRICULUM.—

(A) FIRST YEAR.—During the first year of each fellowship under this subsection, each fellow should study—

(i) the Mandarin Chinese language;

(ii) the people, history, and political climate on Taiwan; and

(iii) the issues affecting the relationship between the United States and the Indo-Pacific region.

(B) 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 Act, shall work in—

(i) a parliamentary office, ministry, or other agency of the governing authorities on Taiwan; or

(ii) an organization outside of the governing authorities on Taiwan, whose interests are associated with the interests of the fellow and the agency of the United States Government from which the fellow had been employed.

(5) 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 between nine months and two years, and may alter the curriculum requirements under paragraph (4) for such purposes.

(6) SUNSET.—The Program shall terminate ten years after the date of the enactment of this Act.

(1) ELIGIBILITY REQUIREMENTS.—A United States citizen is eligible for a fellowship under this section if he or she—

(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 the beginning the fellowship;

(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, as determined by the Department of State, the American Institute in Taiwan and, as appropriate, its implementing partner;

(B) to refrain from engaging in any intelligence or intelligence-related activity on behalf of the United States Government; and

(C) to continue Federal Government employment for a period of not less than four years after the conclusion of the fellowship or for not less than two years for a fellowship that is one year or shorter.

(3) RESPONSIBILITIES OF IMPLEMENTING PARTNER.—

(A) SELECTION OF FELLOWS.—The implementing partner, in close coordination with 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 Program based solely on merit, with appropriate supervision from the Department of State and the American Institute in Taiwan; and

(iii) prioritize the selection of candidates willing to serve a fellowship lasting one 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 two-year fellowship) with—

(i) intensive Mandarin Chinese language training; and

(ii) courses in the politic, culture, and history of Taiwan, China, and the broader Indo-Pacific.

(C) WAIVER OF REQUIRED 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 subparagraph (B) to the extent that a fellow has Mandarin Chinese 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 two-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, shall maintain an office and at least one full-time staff member in Taiwan—

(i) to liaise with the American Institute in Taiwan and the governing authorities on Taiwan; and

(ii) to serve as the primary in-country point of contact for the recipients of fellowships under this section and their dependents.

(E) OTHER FUNCTIONS.—The implementing partner should perform other functions in association in support of the Program, including logistical and administrative functions, as prescribed by the Department of State and the American Institute in Taiwan.

(4) NONCOMPLIANCE.—

(A) IN GENERAL.—Any fellow who fails to comply with the requirements under this section shall reimburse the American Institute in Taiwan 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 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 clause (i), which shall be calculated at the prevailing rate.

(C) PRO RATA REIMBURSEMENT.—Any fellow who violates paragraph (2)(C) shall reimburse the American Institute in Taiwan 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 United States Government.

(5) ANNUAL REPORT.—Not later than 90 days after the selection of the first class of fellows under this Act, and annually thereafter for ten years, the Department of State shall offer to brief the appropriate congressional committees regarding the following issues:

(A) An assessment of the performance of the implementing partner in fulfilling the purposes of this section.

(B) The number of applicants each year, the number of applicants willing to serve a fellowship lasting one year or longer, and the number of such applicants selected for the fellowship.

(C) 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.

(D) The names of the parliamentary offices, ministries, other agencies of the governing authorities on Taiwan, and nongovernmental institutions to which each fellow was assigned.

(E) Any recommendations, as appropriate, to improve the implementation of the Program, including added flexibilities in the administration of the program.

(F) An assessment of the Program’s value upon the relationship between the United States and Taiwan or the United States and Asian countries.

(6) ANNUAL FINANCIAL AUDIT.—

(A) IN GENERAL.—The financial records of any implementing partner shall be audited annually in accordance with generally accepted 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.

(B) LOCATION.—Each audit under subparagraph (A) shall be conducted at the place or places where the financial records of the implementing partner are normally kept.

(C) ACCESS TO DOCUMENTS.—The implementing partner shall make available to the accountants conducting an audit under subparagraph (A)—

(i) 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

(ii) full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians.

(D) REPORT.—

(i) IN GENERAL.—Not later than six months after the end of each fiscal year, the implementing partner shall provide a report of the audit conducted for such fiscal year under subparagraph (A) to the Department of State and the American Institute in Taiwan.

(ii) 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—

(aa) all contracts and cooperative agreements requiring payments greater than $5,000; and

(bb) any payments of compensation, salaries, or fees at a rate greater than $5,000 per year.

(iii) COPIES.—Each audit report shall be produced in sufficient copies for distribution to the public.

(d) Taiwan fellows on detail from Government service.—

(1) IN GENERAL.—

(A) DETAIL AUTHORIZED.—With the approval of the Secretary of State, an agency head may detail, for a period of not more than two years, an employee of the agency of the United States Government who has been awarded a fellowship under this Act, to the American Institute in Taiwan for the purpose of assignment to the governing authorities on Taiwan or an organization described in subsection (b)(4)(B)(ii).

(B) AGREEMENT.—Each detailee shall enter into a written agreement with the Federal Government before receiving a fellowship, in which the fellow shall agree—

(i) to continue in the service of the sponsoring agency at the end of fellowship for a period of at least four years (or at least two years if the fellowship duration is one year or shorter) unless such detailee is involuntarily separated from the service of such agency; and

(ii) to pay to the American Institute in Taiwan any additional expenses incurred by the United States 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.

(C) EXCEPTION.—The payment agreed to under subparagraph (B)(ii) may not be required of a detailee who leaves the service of the sponsoring agency to enter into the service of another agency of the United States Government unless the head of the sponsoring agency notifies the detailee before the effective date of entry into the service of the other agency that payment will be required under this subsection.

(2) STATUS AS GOVERNMENT EMPLOYEE.—A detailee—

(A) is deemed, for the purpose of preserving allowances, privileges, rights, seniority, and other benefits, to be an employee of the sponsoring agency;

(B) 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

(C) may be assigned to a position with an entity described in subsection (b)(4)(B)(i) if acceptance of such position does not involve—

(i) the taking of an oath of allegiance to another government; or

(ii) the acceptance of compensation or other benefits from any foreign government by such detailee.

(3) RESPONSIBILITIES OF SPONSORING AGENCY.—

(A) IN GENERAL.—The agency of the United States Government 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—

(i) a living quarters allowance to cover the cost of housing in Taiwan;

(ii) a cost of living allowance to cover any possible higher costs of living in Taiwan;

(iii) a temporary quarters subsistence allowance for up to seven days if the fellow is unable to find housing immediately upon arriving in Taiwan;

(iv) 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;

(v) 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

(vi) an economy-class airline ticket to and from Taiwan for each fellow and the fellow’s immediate family.

(B) 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 subparagraph (A) if such modification is warranted by fiscal circumstances.

(4) NO FINANCIAL LIABILITY.—The American Institute in Taiwan, the implementing partner, and any governing authorities on Taiwan or nongovernmental 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.

(5) REIMBURSEMENT.—Fellows may be detailed under paragraph (1)(A) without reimbursement to the United States by the American Institute in Taiwan.

(6) ALLOWANCES AND BENEFITS.—Detailees may be paid by the American Institute in Taiwan for the allowances and benefits listed in paragraph (3).

(e) GAO report.—Not later than one year prior to the sunset of the Program pursuant to subsection (b)(6), the Comptroller General of the United States shall transmit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report that includes the following:

(1) An analysis of United States Government participants in the Program, including the number of applicants and the number of fellowships undertaken, the places of employment.

(2) An assessment of the costs and benefits for participants in the Program and for the United States Government of such fellowships.

(3) An analysis of the financial impact of the fellowship on United States Government offices that have detailed fellows to participate in the Program.

(4) Recommendations, if any, on how to improve the Program.

(f) Funding.—

(1) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the American Institute in Taiwan—

(A) for fiscal year 2023, $2,900,000, of which $500,000 should be used by an appropriate implementing partner to launch the Program; and

(B) for fiscal year 2024, and each succeeding fiscal year, $2,400,000.

(2) PRIVATE SOURCES.—Subject to appropriation, the implementing partner selected to implement the 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. 5905. Treatment of paycheck protection program loan forgiveness of payroll costs under highway and public transportation project cost-reimbursement contracts.

(a) In general.—Notwithstanding section 31.201–5 of title 48, Code of Federal Regulations (or successor regulations), for the purposes of any cost-reimbursement contract awarded in accordance with section 112 of title 23, United States Code, or section 5325 of title 49, United States Code, or any subcontract under such a contract, no cost reduction or cash refund (including through a reduced indirect cost rate) shall be due to the Department of Transportation or to a State transportation department, transit agency, or other recipient of assistance under chapter 1 of title 23, United States Code, or chapter 53 of title 49, United States Code, on the basis of forgiveness of the payroll costs of a covered loan (as those terms are defined in section 7A(a) of the Small Business Act (15 U.S.C. 636m(a))) issued under the paycheck protection program under section 7(a)(36) of that Act (15 U.S.C. 636(a)(36)).

(b) Saving provision.—Nothing in this section amends or exempts the prohibitions and liabilities under section 3729 of title 31, United States Code.

SEC. 5906. Biliteracy Education Seal and Teaching Act.

(a) Department of Education grants for State Seal of Biliteracy programs.—

(1) ESTABLISHMENT OF PROGRAM.—

(A) IN GENERAL.—From amounts made available under paragraph (6), the Secretary of Education shall award grants, on a competitive basis, to States to enable the States to establish or improve, and carry out, Seal of Biliteracy programs to recognize student proficiency in speaking, reading, and writing in both English and a second language.

(B) INCLUSION OF NATIVE AMERICAN LANGUAGES.—Notwithstanding subparagraph (A), each Seal of Biliteracy program shall contain provisions allowing the use of Native American languages, including allowing speakers of any Native American language recognized as official by any American government, including any Tribal government, to use equivalent proficiency in speaking, reading, and writing in the Native American language in lieu of proficiency in speaking, reading, and writing in English.

(C) DURATION.—A grant awarded under this subsection shall be for a period of 2 years, and may be renewed at the discretion of the Secretary.

(D) RENEWAL.—At the end of a grant term, a State that receives a grant under this subsection may reapply for a grant under this subsection.

(E) LIMITATIONS.—A State shall not receive more than 1 grant under this subsection at any time.

(F) RETURN OF UNSPENT GRANT FUNDS.—Each State that receives a grant under this subsection shall return any unspent grant funds not later than 6 months after the date on which the term for the grant ends.

(2) GRANT APPLICATION.—A State that desires a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require, including—

(A) a description of the criteria a student must meet to demonstrate the proficiency in speaking, reading, and writing in both languages necessary for the State Seal of Biliteracy program;

(B) a detailed description of the State’s plan—

(i) to ensure that English learners and former English learners are included in the State Seal of Biliteracy program;

(ii) to ensure that—

(I) all languages, including Native American languages, can be tested for the State Seal of Biliteracy program; and

(II) Native American language speakers and learners are included in the State Seal of Biliteracy program, including students at tribally controlled schools and at schools funded by the Bureau of Indian Education; and

(iii) to reach students, including eligible students described in paragraph (3)(B) and English learners, their parents, and schools with information regarding the State Seal of Biliteracy program;

(i) a permanent seal or other marker on the student's secondary school diploma or its equivalent; and

(ii) documentation of proficiency on the student’s official academic transcript; and

(D) an assurance that a student is not charged a fee for providing information under paragraph (3)(A).

(3) STUDENT PARTICIPATION IN A SEAL OF BILITERACY PROGRAM.—

(A) IN GENERAL.—To participate in a Seal of Biliteracy program, a student shall provide information to the State that serves the student at such time, in such manner, and including such information and assurances as the State may require, including an assurance that the student has met the criteria established by the State under paragraph (2)(A).

(B) STUDENT ELIGIBILITY FOR PARTICIPATION.—A student who gained proficiency in a second language outside of school may apply under subparagraph (A) to participate in a Seal of Biliteracy program.

(4) USE OF FUNDS.—Grant funds made available under this subsection shall be used for—

(A) the administrative costs of establishing or improving, and carrying out, a Seal of Biliteracy program that meets the requirements of paragraph (2); and

(B) public outreach and education about the Seal of Biliteracy program.

(5) REPORT.—Not later than 18 months after receiving a grant under this subsection, a State shall issue a report to the Secretary describing the implementation of the Seal of Biliteracy program for which the State received the grant.

(6) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this subsection $10,000,000 for each of fiscal years 2023 through 2027.

(b) Definitions.—In this section:

(1) The terms “English learner”, “secondary school”, 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).

(2) The term “Native American languages” has the meaning given the term in section 103 of the Native American Languages Act (25 U.S.C. 2902).

(3) The term “Seal of Biliteracy program” means any program described in subsection (b)(1) that is established or improved, and carried out, with funds received under this section.

(4) The term “second language” means any language other than English (or a Native American language, pursuant to subsection (b)(1)(B)), including Braille, American Sign Language, or a Classical language.

(5) The term “Secretary” means the Secretary of Education.

SEC. 5907. Presumption of cause of disability or death due to employment in fire protection activities.

(a) Certain 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.—Subchapter I of chapter 81 of title 5, United States Code, is amended by inserting after section 8143a the following:

“§ 8143b. Employees in fire protection activities.

“(a) Certain diseases 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 a minimum of 5 years in aggregate as an employee in fire protection activities, a disease specified on the list established under paragraph (2) shall be deemed to be proximately caused by the employment of such employee.

“(2) ESTABLISHMENT OF INITIAL LIST.—There is established under this section the following list of 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 while, or not later than 24 hours after, engaging in the activities described in subsection (b)(1)(C).

“(O) Testicular cancer.

“(P) Thyroid cancer.

“(3) ADDITIONS TO THE LIST.—

“(A) IN GENERAL.—The Secretary shall periodically review the list established under this section in consultation with the Director of the National Institute on Occupational Safety and Health and shall add a disease to the list by rule, upon a showing by a petitioner or on the Secretary’s own determination, in accordance with this paragraph.

“(B) BASIS FOR DETERMINATION.—The Secretary shall add a disease to the list upon a showing by a petitioner or the Secretary’s own determination, based on the weight of the best available scientific evidence, that there is a significant risk to employees in fire protection activities of developing such disease.

“(C) AVAILABLE EXPERTISE.—In determining significant risk for purposes of subparagraph (B), the Secretary may accept as authoritative and may rely upon recommendations, risk assessments, and scientific studies (including analyses of National Firefighter Registry data pertaining to Federal firefighters) by the National Institute for Occupational Safety and Health, the National Toxicology Program, the National Academies of Sciences, Engineering, and Medicine, and the International Agency for Research on Cancer.

“(4) PETITIONS TO ADD TO THE LIST.—

“(A) IN GENERAL.—Any person may petition the Secretary to add a disease to the list under this section.

“(B) CONTENT OF PETITION.—Such petition shall provide information to show that there is sufficient evidence of a significant risk to employees in fire protection activities of developing such illness or disease from their employment.

“(C) TIMELY AND SUBSTANTIVE DECISIONS.—Not later than 18 months after receipt of a petition, the Secretary shall either grant or deny the petition by publishing in the Federal Register a written explanation of the reasons for the Secretary’s decision. The Secretary may not deny a petition solely on the basis of competing priorities, inadequate resources, or insufficient time for review.

“(D) NOTIFICATION TO CONGRESS.—Not later than 30 days after making any decision to approve or deny a petition under this paragraph, the Secretary shall notify the Committee on Education and Labor of the House of Representatives and the Committee on Homeland Security and Government Affairs of the Senate of such decision.

“(b) Definitions.—In this section:

“(1) EMPLOYEE IN FIRE PROTECTION ACTIVITIES.—The term ‘employee in fire protection activities’ means an employee employed as a 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, and extinguishment of fires or response to emergency situations where life, property, or the environment is at risk, including the prevention, control, suppression, or management of wildland fires; and

“(D) performs such activities as a primary responsibility of his or her job.

“(2) SECRETARY.—The term ‘Secretary’ means Secretary of Labor.”.

(2) RESEARCH COOPERATION.—Not later than 120 days after the date of enactment of this Act, the Secretary of Labor shall establish a process by which a Federal employee in fire protection activities filing a claim related to a disease on the list established by section 8143b of title 5, United States Code, will be informed about and offered the opportunity to contribute to science by voluntarily enrolling in the National Firefighter Registry or a similar research or public health initiative conducted by the Centers for Disease Control and Prevention.

(3) AGENDA FOR FURTHER REVIEW.—Not later than 3 years after the date of enactment of this Act, the Secretary shall—

(A) evaluate the best available scientific evidence of the risk to an employee in fire protection activities of developing breast cancer, gynecological cancer, and rhabdomyolysis;

(B) add breast cancer, gynecological cancer, and rhabdomyolysis to the list established under section 8143b of title 5, United States Code, by rule in accordance with subsection (a)(3) of such section, if the Secretary determines that such evidence supports such addition; and

(C) submit a report of the Secretary’s findings under subparagraph (A) and the Secretary’s determination under subparagraph (B) to the Committee on Education and Labor of the House and the Committee on Homeland Security and Governmental Affairs of the Senate.

(4) REPORT ON FEDERAL WILDLAND FIREFIGHTERS.—The Director of the National Institute for Occupational Safety and Health shall conduct a comprehensive study on long-term health effects that Federal wildland firefighters who are eligible to receive workers’ compensation under chapter 81 of title 5, United States Code, experience after being exposed to fires, smoke, and toxic fumes when in service. Such study shall include—

(A) the race, ethnicity, age, gender, and time of service of such Federal wildland firefighters participating in the study; and

(B) recommendations to Congress on what legislative actions are needed to support such Federal wildland firefighters in preventing health issues from this toxic exposure, similar to veterans that are exposed to burn pits.

(5) APPLICATION.—The amendments made by this section shall apply to claims for compensation filed on or after the date of enactment of this Act.

(6) REPORT ON AFFECTED EMPLOYEES.—Beginning 1 year after the date of enactment of this Act, the Secretary shall include in each annual report on implementation of the Federal Employees’ Compensation Act program and issues arising under it that the Secretary makes pursuant to section 8152 of title 5, United States Code, the total number and demographics of employees with diseases and conditions described in the amendments made by this Act as of the date of such annual report, disaggregated by the specific condition or conditions, for the purposes of understanding the scope of the problem. The Secretary may include any information they deem necessary and, as appropriate, may make recommendations for additional actions that could be taken to minimize the risk of adverse health impacts for Federal 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), by inserting “continuation of pay or” before “compensation”; and

(B) in subsection (c), by inserting “continuation of pay or” before “compensation already paid”.

(2) ADJUSTMENT AFTER RECOVERY FROM A THIRD PERSON.—Section 8132 of title 5, United States Code, is amended—

(A) by inserting “continuation of pay or” before “compensation” the first and second place it appears;

(B) by striking “in his behalf” and inserting “on his behalf”;

(D) by striking the 4th 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.”.

(1) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that evaluates the health and safety impacts on employees engaged in fire protection activities that result from the employees’ exposure to toxic chemicals and other contaminants that could cause human health problems. The report may include information on—

(A) the degree to which such programs and policies include consideration of the possibility of toxic exposure of such employees who may come into contact with residue from fibers, combusted building materials such as asbestos, household chemicals, polymers, flame-retardant chemicals, and other potentially toxic contaminants;

(B) the availability and proper maintenance of professional protective equipment and secure storage of such equipment in employees’ homes and automotive vehicles;

(C) the availability of home instructions for employees regarding toxins and contaminants, and the appropriate procedures to counteract exposure to same;

(D) the employees’ interests in protecting the health and safety of family members from exposure to toxic chemicals and other contaminants to which the employees may have been exposed; and

(E) other related factors.

(2) CONTEXT.—In preparing the report required under paragraph (1), the Comptroller General of the United States may, as appropriate, provide information in a format that delineates high risk urban areas from rural communities.

(3) DEPARTMENT OF LABOR CONSIDERATION.—After issuance of the report required under paragraph (1), the Secretary of Labor shall consider such report’s findings and assess its applicability for purposes of the amendments made by subsection (b).

(d) Increase in time-period for FECA claimant to supply supporting documentation to Office of Worker’s Compensation.—Not later than 60 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, by striking “30 days” and inserting “60 days”; and

(2) modify the Federal Employees Compensation Act manual to reflect the changes to such section made by the Secretary pursuant to paragraph (1).

SEC. 5908. Documenting and responding to discrimination against migrants abroad.

(a) Information to include in annual country reports on human rights practices.—The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended—

(1) in section 116(d) (22 U.S.C. 2151n(d))—

(A) in paragraph (11)(C), by striking “and” at the end;

(B) in paragraph (12)(C)(ii), by striking the period at the end and inserting “; and”; and

“(13) wherever applicable, violence or discrimination that affects the fundamental freedoms or human rights of migrants located in a foreign country.”; and

(2) in section 502B(b) (22 U.S.C. 2304(b)), by inserting after the ninth sentence the following: “Wherever applicable, such report shall also include information regarding violence or discrimination that affects the fundamental freedoms or human rights of migrants permanently or temporarily located in a foreign country.”.

(b) Review at diplomatic and consular posts.—In preparing the annual country reports on human rights practices required under section 116 or 502B of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n and 2304), as amended by subsection (a), the Secretary of State shall obtain information from each diplomatic and consular post with respect to—

(1) incidents of violence against migrants located in the country in which such post is located;

(2) an analysis of the factors enabling or aggravating such incidents, such as government policy, societal pressure, or the actions of external actors; and

(3) the response, whether public or private, of the personnel of such post with respect to such incidents.

(c) Migrant.—For the purposes of this section and the amendments made by this section, the term “migrant” includes economic migrants, guest workers, refugees, asylum-seekers, stateless persons, trafficked persons, undocumented migrants, and unaccompanied children, in addition to other individuals who change their country of usual residence temporarily or permanently.

SEC. 5909. Extending the statute of limitations for certain money laundering offenses.

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.”.

SEC. 5910. Foreign corruption accountability sanctions and criminal enforcement.

(a) In general.—

(1) FINDINGS.—Congress finds the following:

(A) When public officials and their allies use the mechanisms of government to engage in extortion or bribery, they impoverish their countries’ economic health and harm citizens.

(B) By empowering the United States Government to hold to account foreign public officials and their associates who engage in extortion or bribery, the United States can deter malfeasance and ultimately serve the citizens of fragile countries suffocated by corrupt bureaucracies.

(C) The Special Inspector General for Afghan Reconstruction’s 2016 report “Corruption in Conflict: Lessons from the U.S. Experience in Afghanistan” included the recommendation, “Congress should consider enacting legislation that authorizes sanctions against foreign government officials or their associates who engage in corruption.”.

(2) AUTHORIZATION OF IMPOSITION OF SANCTIONS.—

(A) IN GENERAL.—The Secretary of State may impose the sanctions described in subparagraph (B) with respect to any foreign person who is an individual the Secretary of State determines—

(i) engages in public corruption activities against a United States person, including—

(I) soliciting or accepting bribes;

(II) using the authority of the state to extort payments; or

(III) engaging in extortion; or

(ii) conspires to engage in, or knowingly and materially assists, sponsors, or provides significant financial, material, or technological support for any of the activities described in clause (i).

(B) SANCTIONS DESCRIBED.—

(i) INADMISSIBILITY TO UNITED STATES.—A foreign person who is subject to sanctions under this subsection shall be—

(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.).

(ii) CURRENT VISAS REVOKED.—

(I) IN GENERAL.—The visa or other entry documentation of a foreign person who is subject to sanctions under this subsection shall be revoked regardless of when such visa or other entry documentation is issued.

(II) EFFECT OF REVOCATION.—A revocation under subclause (I) shall—

(aa) take effect immediately; and

(bb) automatically cancel any other valid visa or entry documentation that is in the foreign person’s possession.

(C) EXCEPTION TO COMPLY WITH LAW ENFORCEMENT OBJECTIVES AND AGREEMENT REGARDING HEADQUARTERS OF UNITED NATIONS.—Sanctions described under subparagraph (B) shall not apply to a foreign person if admitting the person into the United States—

(i) would further important law enforcement objectives; or

(ii) 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 of the United States.

(D) TERMINATION OF SANCTIONS.—The Secretary of State may terminate the application of sanctions under this paragraph with respect to a foreign person if the Secretary of State determines and reports to the appropriate congressional committees not later than 15 days before the termination of the sanctions that—

(i) the person is no longer engaged in the activity that was the basis for the sanctions or has taken significant verifiable steps toward stopping the activity;

(ii) the Secretary of State has received reliable assurances that the person will not knowingly engage in activity subject to sanctions under this part in the future; or

(iii) the termination of the sanctions is in the national security interests of the United States.

(E) REGULATORY AUTHORITY.—The Secretary of State shall issue such regulations, licenses, and orders as are necessary to carry out this paragraph.

(F) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this paragraph, the term “appropriate congressional committees” means—

(i) the Committee on the Judiciary and the Committee on Foreign Affairs of the House of Representatives; and

(ii) the Committee on the Judiciary and the Committee on Foreign Relations of the Senate.

(3) REPORTS TO CONGRESS.—

(A) IN GENERAL.—The Secretary of State shall submit to the appropriate congressional committees, in accordance with subparagraph (B), a report that includes—

(i) a list of each foreign person with respect to whom the Secretary of State imposed sanctions pursuant to paragraph (2) during the year preceding the submission of the report;

(ii) the number of foreign persons with respect to which the Secretary of State—

(I) imposed sanctions under paragraph (2)(A) during that year; and

(II) terminated sanctions under paragraph (2)(D) during that year;

(iii) the dates on which such sanctions were imposed or terminated, as the case may be;

(iv) the reasons for imposing or terminating such sanctions;

(v) the total number of foreign persons considered under paragraph (2)C) for whom sanctions were not imposed; and

(vi) recommendations as to whether the imposition of additional sanctions would be an added deterrent in preventing public corruption.

(B) DATES FOR SUBMISSION.—

(i) INITIAL REPORT.—The Secretary of State shall submit the initial report under subparagraph (A) not later than 120 days after the date of the enactment of this Act.

(ii) SUBSEQUENT REPORTS.—The Secretary of State shall submit a subsequent report under subparagraph (A) on December 10, or the first day thereafter on which both Houses of Congress are in session, of—

(I) the calendar year in which the initial report is submitted if the initial report is submitted before December 10 of that calendar year; and

(II) each calendar year thereafter.

(i) IN GENERAL.—Each report required by subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.

(ii) EXCEPTION.—The name of a foreign person to be included in the list required by subparagraph (A)(i) may be submitted in the classified annex authorized by clause (i) only if the Secretary of State—

(I) determines that it is vital for the national security interests of the United States to do so; and

(II) uses the annex in a manner consistent with congressional intent and the purposes of this subsection.

(D) PUBLIC AVAILABILITY.—

(i) IN GENERAL.—The unclassified portion of the report required by subparagraph (A) shall be made available to the public, including through publication in the Federal Register.

(ii) NONAPPLICABILITY OF CONFIDENTIALITY REQUIREMENT WITH RESPECT TO VISA RECORDS.—The Secretary of State shall publish the list required by subparagraph (A)(i) without regard to the requirements of section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States.

(E) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this paragraph, the term “appropriate congressional committees” means—

(i) the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives; and

(ii) the Committee on Foreign Relations, and the Committee on the Judiciary of the Senate.

(4) SUNSET.—

(A) IN GENERAL.—The authority to impose sanctions under paragraph (2) and the requirements to submit reports under paragraph (3) shall terminate on the date that is 6 years after the date of enactment of this Act.

(B) CONTINUATION IN EFFECT OF SANCTIONS.—Sanctions imposed under paragraph (2) on or before the date specified in subparagraph (A), and in effect as of such date, shall remain in effect until terminated in accordance with the requirements of paragraph (2)(D).

(5) DEFINITIONS.—In this subsection:

(A) ENTITY.—The term “entity” means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization.

(B) FOREIGN PERSON.—The term “foreign person” means a person that is not a United States person.

(C) UNITED STATES PERSON.—The term “United States person” means a person that is a United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States.

(D) PERSON.—The term “person” means an individual or entity.

(E) PUBLIC CORRUPTION.—The term “public corruption” means the unlawful exercise of entrusted public power for private gain, including by bribery, nepotism, fraud, or embezzlement.

(b) Justice for victims of kleptocracy.—

(1) FORFEITED PROPERTY.—

(A) IN GENERAL.—Chapter 46 of title 18, United States Code, is amended by adding at the end the following:

“§ 988. Accounting of certain forfeited property

“(a) Accounting.—The Attorney General shall make available to the public an accounting of any property relating to foreign government corruption that is forfeited to the United States under section 981 or 982.

“(b) Format.—The accounting described under subsection (a) shall be published on the website of the Department of Justice in a format that includes the following:

“(1) A heading as follows: ‘Assets stolen from the people of ______ and recovered by the United States’, the blank space being filled with the name of the foreign government that is the target of corruption.

“(2) The total amount recovered by the United States on behalf of the foreign people that is the target of corruption at the time when such recovered funds are deposited into the Department of Justice Asset Forfeiture Fund or the Department of the Treasury Forfeiture Fund.

“(c) Updated website.—The Attorney General shall update the website of the Department of Justice to include an accounting of any new property relating to foreign government corruption that has been forfeited to the United States under section 981 or 982 not later than 14 days after such forfeiture, unless such update would compromise an ongoing law enforcement investigation.”.

(B) CLERICAL AMENDMENT.—The table of sections for chapter 46 of title 18, United States Code, is amended by adding at the end the following:

“988. Accounting of certain forfeited property.”.

(2) SENSE OF CONGRESS.—It is the sense of Congress that recovered assets be returned for the benefit of the people harmed by the corruption under conditions that reasonably ensure the transparent and effective use, administration and monitoring of returned proceeds.

SEC. 5911. FedRAMP Authorization Act.

(a) Short title.—This section may be cited as the “FedRAMP Authorization Act”.

(b) Amendment.—Chapter 36 of title 44, United States Code, is amended by adding at the end the following:

“§ 3607. Definitions

“(a) In general.—Except as provided under subsection (b), the definitions under sections 3502 and 3552 apply to this section through section 3616.

“(b) Additional definitions.—In this section through section 3616:

“(1) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of General Services.

“(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives.

“(3) AUTHORIZATION TO OPERATE; FEDERAL INFORMATION.—The terms ‘authorization to operate’ and ‘Federal information’ have the meaning given those term in Circular A–130 of the Office of Management and Budget entitled ‘Managing Information as a Strategic Resource’, or any successor document.

“(4) CLOUD COMPUTING.—The term ‘cloud computing’ has the meaning given the term in Special Publication 800–145 of the National Institute of Standards and Technology, or any successor document.

“(5) CLOUD SERVICE PROVIDER.—The term ‘cloud service provider’ means an entity offering cloud computing products or services to agencies.

“(6) FEDRAMP.—The term ‘FedRAMP’ means the Federal Risk and Authorization Management Program established under section 3608.

“(7) FEDRAMP AUTHORIZATION.—The term ‘FedRAMP authorization’ means a certification that a cloud computing product or service has—

“(A) completed a FedRAMP authorization process, as determined by the Administrator; or

“(B) received a FedRAMP provisional authorization to operate, as determined by the FedRAMP Board.

“(8) FEDRAMP AUTHORIZATION PACKAGE.—The term ‘FedRAMP authorization package’ means the essential information that can be used by an agency to determine whether to authorize the operation of an information system or the use of a designated set of common controls for all cloud computing products and services authorized by FedRAMP.

“(9) FEDRAMP BOARD.—The term ‘FedRAMP Board’ means the board established under section 3610.

“(10) INDEPENDENT ASSESSMENT SERVICE.—The term ‘independent assessment service’ means a third-party organization accredited by the Administrator to undertake conformity assessments of cloud service providers and the products or services of cloud service providers.

“(11) SECRETARY.—The term ‘Secretary’ means the Secretary of Homeland Security.

“§ 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.

“§ 3609. Roles and responsibilities of the General Services Administration

“(a) Roles and responsibilities.—The Administrator shall—

“(1) in consultation with the Secretary, develop, coordinate, and implement a process to support agency review, reuse, and standardization, where appropriate, of security assessments of cloud computing products and services, including, as appropriate, oversight of continuous monitoring of cloud computing products and services, pursuant to guidance issued by the Director pursuant to section 3614;

“(2) establish processes and identify criteria consistent with guidance issued by the Director under section 3614 to make a cloud computing product or service eligible for a FedRAMP authorization and validate whether a cloud computing product or service has a FedRAMP authorization;

“(3) develop and publish templates, best practices, technical assistance, and other materials to support the authorization of cloud computing products and services and increase the speed, effectiveness, and transparency of the authorization process, consistent with standards and guidelines established by the Director of the National Institute of Standards and Technology and relevant statutes;

“(4) establish and update guidance on the boundaries of FedRAMP authorization packages to enhance the security and protection of Federal information and promote transparency for agencies and users as to which services are included in the scope of a FedRAMP authorization;

“(5) grant FedRAMP authorizations to cloud computing products and services consistent with the guidance and direction of the FedRAMP Board;

“(6) establish and maintain a public comment process for proposed guidance and other FedRAMP directives that may have a direct impact on cloud service providers and agencies before the issuance of such guidance or other FedRAMP directives;

“(7) coordinate with the FedRAMP Board, the Director of the Cybersecurity and Infrastructure Security Agency, and other entities identified by the Administrator, with the concurrence of the Director and the Secretary, to establish and regularly update a framework for continuous monitoring under section 3553;

“(8) provide a secure mechanism for storing and sharing necessary data, including FedRAMP authorization packages, to enable better reuse of such packages across agencies, including making available any information and data necessary for agencies to fulfill the requirements of section 3613;

“(9) provide regular updates to applicant cloud service providers on the status of any cloud computing product or service during an assessment process;

“(10) regularly review, in consultation with the FedRAMP Board—

“(A) the costs associated with the independent assessment services described in section 3611; and

“(B) the information relating to foreign interests submitted pursuant to section 3612;

“(11) in coordination with the Director of the National Institute of Standards and Technology, the Director, the Secretary, and other stakeholders, as appropriate, determine the sufficiency of underlying standards and requirements to identify and assess the provenance of the software in cloud services and products;

“(12) support the Federal Secure Cloud Advisory Committee established pursuant to section 3616; and

“(13) take such other actions as the Administrator may determine necessary to carry out FedRAMP.

“(b) Website.—

“(1) IN GENERAL.—The Administrator shall maintain a public website to serve as the authoritative repository for FedRAMP, including the timely publication and updates for all relevant information, guidance, determinations, and other materials required under subsection (a).

“(2) CRITERIA AND PROCESS FOR FEDRAMP AUTHORIZATION PRIORITIES.—The Administrator shall develop and make publicly available on the website described in paragraph (1) the criteria and process for prioritizing and selecting cloud computing products and services that will receive a FedRAMP authorization, in consultation with the FedRAMP Board and the Chief Information Officers Council.

“(c) Evaluation of automation procedures.—

“(1) IN GENERAL.—The Administrator, in coordination with the Secretary, shall assess and evaluate available automation capabilities and procedures to improve the efficiency and effectiveness of the issuance of FedRAMP authorizations, including continuous monitoring of cloud computing products and services.

“(2) MEANS FOR AUTOMATION.—Not later than 1 year after the date of enactment of this section, and updated regularly thereafter, the Administrator shall establish a means for the automation of security assessments and reviews.

“(d) Metrics for authorization.—The Administrator shall establish annual metrics regarding the time and quality of the assessments necessary for completion of a FedRAMP authorization process in a manner that can be consistently tracked over time in conjunction with the periodic testing and evaluation process pursuant to section 3554 in a manner that minimizes the agency reporting burden.

“§ 3610. FedRAMP Board

“(a) Establishment.—There is established a FedRAMP Board to provide input and recommendations to the Administrator regarding the requirements and guidelines for, and the prioritization of, security assessments of cloud computing products and services.

“(b) Membership.—The FedRAMP Board shall consist of not more than 7 senior officials or experts from agencies appointed by the Director, in consultation with the Administrator, from each of the following:

“(1) The Department of Defense.

“(2) The Department of Homeland Security.

“(3) The General Services Administration.

“(4) Such other agencies as determined by the Director, in consultation with the Administrator.

“(c) Qualifications.—Members of the FedRAMP Board appointed under subsection (b) shall have technical expertise in domains relevant to FedRAMP, such as—

“(1) cloud computing;

“(2) cybersecurity;

“(3) privacy;

“(4) risk management; and

“(5) other competencies identified by the Director to support the secure authorization of cloud services and products.

“(d) Duties.—The FedRAMP Board shall—

“(1) in consultation with the Administrator, serve as a resource for best practices to accelerate the process for obtaining a FedRAMP authorization;

“(2) establish and regularly update requirements and guidelines for security authorizations of cloud computing products and services, consistent with standards and guidelines established by the Director of the National Institute of Standards and Technology, to be used in the determination of FedRAMP authorizations;

“(3) monitor and oversee, to the greatest extent practicable, the processes and procedures by which agencies determine and validate requirements for a FedRAMP authorization, including periodic review of the agency determinations described in section 3613(b);

“(4) ensure consistency and transparency between agencies and cloud service providers in a manner that minimizes confusion and engenders trust; and

“(5) perform such other roles and responsibilities as the Director may assign, with concurrence from the Administrator.

“(e) Determinations of demand for cloud computing products and services.—The FedRAMP Board may consult with the Chief Information Officers Council to establish a process, which may be made available on the website maintained under section 3609(b), for prioritizing and accepting the cloud computing products and services to be granted a FedRAMP authorization.

“§ 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.

“§ 3612. Declaration of foreign interests

“(a) In general.—An independent assessment service that performs services described in section 3611 shall annually submit to the Administrator information relating to any foreign interest, foreign influence, or foreign control of the independent assessment service.

“(b) Updates.—Not later than 48 hours after there is a change in foreign ownership or control of an independent assessment service that performs services described in section 3611, the independent assessment service shall submit to the Administrator an update to the information submitted under subsection (a).

“(c) Certification.—The Administrator may require a representative of an independent assessment service to certify the accuracy and completeness of any information submitted under this section.

“§ 3613. Roles and responsibilities of agencies

“(a) In general.—In implementing the requirements of FedRAMP, the head of each agency shall, consistent with guidance issued by the Director pursuant to section 3614—

“(1) promote the use of cloud computing products and services that meet FedRAMP security requirements and other risk-based performance requirements as determined by the Director, in consultation with the Secretary;

“(2) confirm whether there is a FedRAMP authorization in the secure mechanism provided under section 3609(a)(8) before beginning the process of granting a FedRAMP authorization for a cloud computing product or service;

“(3) to the extent practicable, for any cloud computing product or service the agency seeks to authorize that has received a FedRAMP authorization, use the existing assessments of security controls and materials within any FedRAMP authorization package for that cloud computing product or service; and

“(4) provide to the Director data and information required by the Director pursuant to section 3614 to determine how agencies are meeting metrics established by the Administrator.

“(b) Attestation.—Upon completing an assessment or authorization activity with respect to a particular cloud computing product or service, if an agency determines that the information and data the agency has reviewed under paragraph (2) or (3) of subsection (a) is wholly or substantially deficient for the purposes of performing an authorization of the cloud computing product or service, the head of the agency shall document as part of the resulting FedRAMP authorization package the reasons for this determination.

“(c) Submission of authorizations to operate required.—Upon issuance of an agency authorization to operate based on a FedRAMP authorization, the head of the agency shall provide a copy of its authorization to operate letter and any supplementary information required pursuant to section 3609(a) to the Administrator.

“(d) Submission of policies required.—Not later than 180 days after the date on which the Director issues guidance in accordance with section 3614(1), the head of each agency, acting through the chief information officer of the agency, shall submit to the Director all agency policies relating to the authorization of cloud computing products and services.

“(e) Presumption of adequacy.—

“(1) IN GENERAL.—The assessment of security controls and materials within the authorization package for a FedRAMP authorization shall be presumed adequate for use in an agency authorization to operate cloud computing products and services.

“(2) INFORMATION SECURITY REQUIREMENTS.—The presumption under paragraph (1) does not modify or alter—

“(A) the responsibility of any agency to ensure compliance with subchapter II of chapter 35 for any cloud computing product or service used by the agency; or

“(B) the authority of the head of any agency to make a determination that there is a demonstrable need for additional security requirements beyond the security requirements included in a FedRAMP authorization for a particular control implementation.

“§ 3614. Roles and responsibilities of the Office of Management and Budget

“The Director shall—

“(1) in consultation with the Administrator and the Secretary, issue guidance that—

“(A) specifies the categories or characteristics of cloud computing products and services that are within the scope of FedRAMP;

“(B) includes requirements for agencies to obtain a FedRAMP authorization when operating a cloud computing product or service described in subparagraph (A) as a Federal information system; and

“(C) encompasses, to the greatest extent practicable, all necessary and appropriate cloud computing products and services;

“(2) issue guidance describing additional responsibilities of FedRAMP and the FedRAMP Board to accelerate the adoption of secure cloud computing products and services by the Federal Government;

“(3) in consultation with the Administrator, establish a process to periodically review FedRAMP authorization packages to support the secure authorization and reuse of secure cloud products and services;

“(4) oversee the effectiveness of FedRAMP and the FedRAMP Board, including the compliance by the FedRAMP Board with the duties described in section 3610(d); and

“(5) to the greatest extent practicable, encourage and promote consistency of the assessment, authorization, adoption, and use of secure cloud computing products and services within and across agencies.

“§ 3615. Reports to Congress; GAO report

“(a) Reports to congress.—Not later than 1 year after the date of enactment of this section, and annually thereafter, the Director shall submit to the appropriate congressional committees a report that includes the following:

“(1) During the preceding year, the status, efficiency, and effectiveness of the General Services Administration under section 3609 and agencies under section 3613 and in supporting the speed, effectiveness, sharing, reuse, and security of authorizations to operate for secure cloud computing products and services.

“(2) Progress towards meeting the metrics required under section 3609(d).

“(3) Data on FedRAMP authorizations.

“(4) The average length of time to issue FedRAMP authorizations.

“(5) The number of FedRAMP authorizations submitted, issued, and denied for the preceding year.

“(6) A review of progress made during the preceding year in advancing automation techniques to securely automate FedRAMP processes and to accelerate reporting under this section.

“(7) The number and characteristics of authorized cloud computing products and services in use at each agency consistent with guidance provided by the Director under section 3614.

“(8) A review of FedRAMP measures to ensure the security of data stored or processed by cloud service providers, which may include—

“(A) geolocation restrictions for provided products or services;

“(B) disclosures of foreign elements of supply chains of acquired products or services;

“(C) continued disclosures of ownership of cloud service providers by foreign entities; and

“(D) encryption for data processed, stored, or transmitted by cloud service providers.

“(b) GAO report.—Not later than 180 days after the date of enactment of this section, the Comptroller General of the United States shall report to the appropriate congressional committees an assessment of the following:

“(1) The costs incurred by agencies and cloud service providers relating to the issuance of FedRAMP authorizations.

“(2) The extent to which agencies have processes in place to continuously monitor the implementation of cloud computing products and services operating as Federal information systems.

“(3) How often and for which categories of products and services agencies use FedRAMP authorizations.

“(4) The unique costs and potential burdens incurred by cloud computing companies that are small business concerns (as defined in section 3(a) of the Small Business Act (15 U.S.C. 632(a)) as a part of the FedRAMP authorization process.

“§ 3616. Federal Secure Cloud Advisory Committee

“(a) Establishment, purposes, and duties.—

“(1) ESTABLISHMENT.—There is established a Federal Secure Cloud Advisory Committee (referred to in this section as the ‘Committee’) to ensure effective and ongoing coordination of agency adoption, use, authorization, monitoring, acquisition, and security of cloud computing products and services to enable agency mission and administrative priorities.

“(2) PURPOSES.—The purposes of the Committee are the following:

“(A) To examine the operations of FedRAMP and determine ways that authorization processes can continuously be improved, including the following:

“(i) Measures to increase agency reuse of FedRAMP authorizations.

“(ii) Proposed actions that can be adopted to reduce the burden, confusion, and cost associated with FedRAMP authorizations for cloud service providers.

“(iii) Measures to increase the number of FedRAMP authorizations for cloud computing products and services offered by small businesses concerns (as defined by section 3(a) of the Small Business Act (15 U.S.C. 632(a)).

“(iv) Proposed actions that can be adopted to reduce the burden and cost of FedRAMP authorizations for agencies.

“(B) Collect information and feedback on agency compliance with and implementation of FedRAMP requirements.

“(C) Serve as a forum that facilitates communication and collaboration among the FedRAMP stakeholder community.

“(3) DUTIES.—The duties of the Committee include providing advice and recommendations to the Administrator, the FedRAMP Board, and agencies on technical, financial, programmatic, and operational matters regarding secure adoption of cloud computing products and services.

“(b) Members.—

“(1) COMPOSITION.—The Committee shall be comprised of not more than 15 members who are qualified representatives from the public and private sectors, appointed by the Administrator, in consultation with the Director, as follows:

“(A) The Administrator or the Administrator’s designee, who shall be the Chair of the Committee.

“(B) At least 1 representative each from the Cybersecurity and Infrastructure Security Agency and the National Institute of Standards and Technology.

“(C) At least 2 officials who serve as the Chief Information Security Officer within an agency, who shall be required to maintain such a position throughout the duration of their service on the Committee.

“(D) At least 1 official serving as Chief Procurement Officer (or equivalent) in an agency, who shall be required to maintain such a position throughout the duration of their service on the Committee.

“(E) At least 1 individual representing an independent assessment service.

“(F) At least 5 representatives from unique businesses that primarily provide cloud computing services or products, including at least 2 representatives from a small business concern (as defined by section 3(a) of the Small Business Act (15 U.S.C. 632(a))).

“(G) At least 2 other representatives of the Federal Government as the Administrator determines necessary to provide sufficient balance, insights, or expertise to the Committee.

“(2) DEADLINE FOR APPOINTMENT.—Each member of the Committee shall be appointed not later than 90 days after the date of enactment of this section.

“(3) PERIOD OF APPOINTMENT; VACANCIES.—

“(A) IN GENERAL.—Each non-Federal member of the Committee shall be appointed for a term of 3 years, except that the initial terms for members may be staggered 1-, 2-, or 3-year terms to establish a rotation in which one-third of the members are selected each year. Any such member may be appointed for not more than 2 consecutive terms.

“(B) VACANCIES.—Any vacancy in the Committee shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member’s term until a successor has taken office.

“(c) Meetings and rules of procedures.—

“(1) MEETINGS.—The Committee shall hold not fewer than 3 meetings in a calendar year, at such time and place as determined by the Chair.

“(2) INITIAL MEETING.—Not later than 120 days after the date of enactment of this section, the Committee shall meet and begin the operations of the Committee.

“(3) RULES OF PROCEDURE.—The Committee may establish rules for the conduct of the business of the Committee if such rules are not inconsistent with this section or other applicable law.

“(d) Employee status.—

“(1) IN GENERAL.—A member of the Committee (other than a member who is appointed to the Committee in connection with another Federal appointment) shall not be considered an employee of the Federal Government by reason of any service as such a member, except for the purposes of section 5703 of title 5, relating to travel expenses.

“(2) PAY NOT PERMITTED.—A member of the Committee covered by paragraph (1) may not receive pay by reason of service on the Committee.

“(e) Applicability to the federal advisory committee act.—Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee.

“(f) Detail of employees.—Any Federal Government employee may be detailed to the Committee without reimbursement from the Committee, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption.

“(g) Postal services.—The Committee may use the United States mails in the same manner and under the same conditions as agencies.

“(h) Reports.—

“(1) INTERIM REPORTS.—The Committee may submit to the Administrator and Congress interim reports containing such findings, conclusions, and recommendations as have been agreed to by the Committee.

“(2) ANNUAL REPORTS.—Not later than 540 days after the date of enactment of this section, and annually thereafter, the Committee shall submit to the Administrator and Congress a report containing such findings, conclusions, and recommendations as have been agreed to by the Committee.”.

(c) Technical and conforming amendment.—The table of sections for chapter 36 of title 44, United States Code, is amended by adding at the end the following new items:

“3607. Definitions.
“3608. Federal Risk and Authorization Management Program.
“3609. Roles and responsibilities of the General Services Administration.
“3610. FedRAMP Board.
“3611. Independent assessment.
“3612. Declaration of foreign interests.
“3613. Roles and responsibilities of agencies.
“3614. Roles and responsibilities of the Office of Management and Budget.
“3615. Reports to Congress; GAO report.
“3616. Federal Secure Cloud Advisory Committee.”.

(d) Sunset.—

(1) IN GENERAL.—Effective on the date that is 5 years after the date of enactment of this Act, chapter 36 of title 44, United States Code, is amended by striking sections 3607 through 3616.

(2) CONFORMING AMENDMENT.—Effective on the date that is 5 years after the date of enactment of this Act, the table of sections for chapter 36 of title 44, United States Code, is amended by striking the items relating to sections 3607 through 3616.

(e) Rule of construction.—Nothing in this section or any amendment made by this section shall be construed as altering or impairing the authorities of the Director of the Office of Management and Budget or the Secretary of Homeland Security under subchapter II of chapter 35 of title 44, United States Code.

SEC. 5912. Amendment.

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. 5913. Improving investigation and prosecution of child abuse cases.

The Victims of Child Abuse Act of 1990 (34 U.S.C. 20301 et seq.) is amended—

(1) in section 211 (34 U.S.C. 20301)—

(A) in paragraph (1)—

(i) by striking “3,300,000” and inserting “3,400,000”; and

(ii) by striking “, and drug abuse is associated with a significant portion of these”;

(B) by redesignating paragraphs (3) through (8) as paragraphs (4) through (9), respectively;

“(3) a key to a child victim healing from abuse is access to supportive and healthy families and communities;”; and

(D) in paragraph (9)(B), as so redesignated, by inserting “, and operations of centers” before the period at the end;

(2) in section 212 (34 U.S.C. 20302)—

(A) in paragraph (5), by inserting “coordinated team” before “response”; and

(B) in paragraph (8), by inserting “organizational capacity” before “support”;

(3) in section 213 (34 U.S.C. 20303)—

(A) in subsection (a)—

(i) in the heading, by inserting “and maintenance” after “Establishment”;

(ii) in the matter preceding paragraph (1)—

(I) by striking “, in coordination with the Director of the Office of Victims of Crime,”; and

(II) by inserting “and maintain” after “establish”;

(iii) in paragraph (3)—

(I) by striking “and victim advocates” and inserting “victim advocates, multidisciplinary team leadership, and children’s advocacy center staff”; and

(II) by striking “and” at the end;

(iv) by redesignating paragraph (4) as paragraph (5);

(v) by inserting after paragraph (3) the following:

“(4) provide technical assistance, training, coordination, and organizational capacity support for State chapters; and”; and

(vi) in paragraph (5), as so redesignated, by striking “and oversight to” and inserting “organizational capacity support, and oversight of”;

(B) in subsection (b)—

(i) in paragraph (1)—

(I) in subparagraph (A), by inserting “and maintain” after “establish”; and

(II) in the matter following subparagraph (B), by striking “and technical assistance to aid communities in establishing” and inserting “training and technical assistance to aid communities in establishing and maintaining”; and

(ii) in paragraph (2)—

(I) in subparagraph (A)—

(aa) in clause (ii), by inserting “Center” after “Advocacy”; and

(bb) in clause (iii), by striking “of, assessment of, and intervention in” and inserting “and intervention in child”; and

(II) in subparagraph (B), by striking “centers and interested communities” and inserting “centers, interested communities, and chapters”; and

(i) in paragraph (2)—

(I) in subparagraph (B), by striking “evaluation, intervention, evidence gathering, and counseling” and inserting “investigation and intervention in child abuse”; and

(II) in subparagraph (E), by striking “judicial handling of child abuse and neglect” and inserting “multidisciplinary response to child abuse”;

(ii) in paragraph (3)(A)(i), by striking “so that communities can establish multidisciplinary programs that respond to child abuse” and inserting “and chapters so that communities can establish and maintain multidisciplinary programs that respond to child abuse and chapters can establish and maintain children’s advocacy centers in their State”;

(iii) in paragraph (4)(B)—

(I) in clause (iii), by striking “and” at the end;

(II) in by redesignating clause (iv) as clause (v); and

(III) by inserting after clause (iii) the following:

“(iv) best result in supporting chapters in each State; and”; and

(iv) in paragraph (6), by inserting “under this Act” after “recipients”;

(4) in section 214 (34 U.S.C. 20304)—

(A) by striking subsection (a) and inserting the following:

“(a) In general.—The Administrator shall make grants to—

“(1) establish and maintain a network of care for child abuse victims where investigation, prosecutions, and interventions are continually occurring and coordinating activities within local children’s advocacy centers and multidisciplinary teams;

“(2) develop, enhance, and coordinate multidisciplinary child abuse investigations, intervention, and prosecution activities;

“(3) promote the effective delivery of the evidence-based, trauma-informed Children's Advocacy Center Model and the multidisciplinary response to child abuse; and

“(4) develop and disseminate practice standards for care and best practices in programmatic evaluation, and support State chapter organizational capacity and local children’s advocacy center organizational capacity and operations in order to meet such practice standards and best practices.”;

(B) in subsection (b), by striking “, in coordination with the Director of the Office of Victims of Crime,”;

(i) in subparagraph (C), by inserting “to the greatest extent practicable, but in no case later than 72 hours,” after “hours”; and

(ii) by striking subparagraphs (D) through (I) and inserting the following:

“(D) Forensic interviews of child victims by trained personnel that are used by law enforcement, health, and child protective service agencies to interview suspected abuse victims about allegations of abuse.

“(E) Provision of needed follow up services such as medical care, mental healthcare, and victims advocacy services.

“(F) A requirement that, to the extent practicable, all interviews and meetings with a child victim occur at the children's advocacy center or an agency with which there is a linkage agreement regarding the delivery of multidisciplinary child abuse investigation, prosecution, and intervention services.

“(G) Coordination of each step of the investigation process to eliminate duplicative forensic interviews with a child victim.

“(H) Designation of a director for the children's advocacy center.

“(I) Designation of a multidisciplinary team coordinator.

“(J) Assignment of a volunteer or staff advocate to each child in order to assist the child and, when appropriate, the child's family, throughout each step of intervention and judicial proceedings.

“(K) Coordination with State chapters to assist and provide oversight, and organizational capacity that supports local children's advocacy centers, multidisciplinary teams, and communities working to implement a multidisciplinary response to child abuse in the provision of evidence-informed initiatives, including mental health counseling, forensic interviewing, multidisciplinary team coordination, and victim advocacy.

“(L) Such other criteria as the Administrator shall establish by regulation.”; and

(D) by striking subsection (f) and inserting the following:

“(f) Grants to State chapters for assistance to local children's advocacy centers.—In awarding grants under this section, the Administrator shall ensure that a portion of the grants is distributed to State chapters to enable State chapters to provide oversight, training, and technical assistance to local centers on evidence-informed initiatives including mental health, counseling, forensic interviewing, multidisciplinary team coordination, and victim advocacy.”;

(5) in section 214A (34 U.S.C. 20305)—

(A) in subsection (a)—

(i) in paragraph (1), by striking “attorneys and other allied” and inserting “prosecutors and other attorneys and allied”; and

(ii) in paragraph (2)(B), by inserting “Center” after “Advocacy”; and

(B) in subsection (b)(1), by striking subparagraph (A) and inserting the following:

“(A) a significant connection to prosecutors who handle child abuse cases in State courts, such as a membership organization or support service providers; and”; and

(6) by striking section 214B (34 U.S.C. 20306) and inserting the following:

“SEC. 214B. Authorization of appropriations.

“There are authorized to be appropriated to carry out sections 213, 214, and 214A, $40,000,000 for each of fiscal years 2023 through 2029.”.

SEC. 5914. Report on humanitarian situation and food security in Lebanon.

(a) Report required.—Not later than 90 days after the date of the enactment of this Act, the President, acting through the Secretary of State and the Secretary of Defense and in coordination with the Administrator of the United States Agency for International Development, shall submit to the appropriate congressional committees a report that contains an evaluation of the humanitarian situation in Lebanon, as well as the impact of the deficit of wheat imports due to Russia’s further invasion of Ukraine, initiated on February 24, 2022.

(b) Elements.—The report required by subsection (a) shall include the following elements:

(1) The projected increase in malnutrition in Lebanon.

(2) The estimated increase in the number of food insecure individuals in Lebanon.

(3) The estimated number of individuals who will be faced with acute malnutrition due to food price inflation in Lebanon.

(4) Actions the United States Government is taking to address the aforementioned impacts.

(5) Any cooperation between the United States Government with allies and partners to address the aforementioned impacts.

(6) The potential impact of food insecurity on Department of Defense goals and objectives in Lebanon.

(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. 5915. Designation of El Paso Community Healing Garden National Memorial.

(a) Designation.—The Healing Garden located at 6900 Delta Drive, El Paso, Texas, is designated as the “El Paso Community Healing Garden National Memorial”.

(b) Effect of designation.—The national memorial designated by this section is not a unit of the National Park System and the designation of the El Paso Community Healing Garden National Memorial shall not require or authorize Federal funds to be expended for any purpose related to that national memorial.

SEC. 5916. Administrator of General Services study on counterfeit items on e-commerce platforms of the General Services Administration.

The Administrator of General Services shall—

(1) conduct a study that tracks the number of counterfeit items on e-commerce platforms of the General Services Administration annually to ensure that the products being advertised are from legitimate vendors; and

(2) submit an annual report on the findings of such study to the Committees on Armed Services, Oversight and Reform, Small Business, and Homeland Security of the House of Representatives.

SEC. 5917. Report on removal of service members.

(a) Report required.—Not later than 120 days after the date of the enactment of this Act and monthly thereafter, the Secretary of Homeland Security, in coordination with the Secretary of Veteran Affairs, the Secretary of Defense, and the Secretary of State shall submit to the Committees on the Judiciary of the House of Representatives and the Senate, the Committees on Veteran Affairs of the House of Representatives and the Senate, and the Committees on Appropriations of the House of Representatives and the Senate a report detailing how many noncitizen service members, veterans and immediate family members of service members were removed during the period beginning on January 1, 2010, and ending on the date of the report.

(b) Elements.—The report required by subsection (a) shall include the following for each person removed:

(1) the individual’s name;

(2) the individual’s address;

(3) the individual’s contact information;

(4) any known U.S. citizen family members in the U.S.;

(5) where the individual was removed to; and

(6) the reason for removal.

(c) GAO report.—Not later than 120 days after the date of enactment of this Act, the Comptroller General of the United States shall update GAO report number-19-416 to identify progress made and further actions needed to better handle, identify, and track cases involving veterans.

(d) Confidentiality.—The report under subsection (a) may not be published and shall be exempt from disclosure under section 552(b)(3)(B) of title 5, United States Code.

SEC. 5918. Limitation on availability of funds for certain contractors or grantees that require nondisparagement or nondisclosure clause related to sexual harassment and sexual assault.

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 any other Federal agency may be obligated or expended for any Federal contract or grant in excess of $1,000,000, awarded after the date of enactment of this Act, unless the contractor or grantee agrees not to—

(1) enter into any agreement with any of its employees or independent contractors that requires the employee or contractor to agree to a nondisparagement or nondisclosure clause related to sexual harassment and sexual assault, as defined under any applicable Federal, State, or Tribal law—

(A) as a condition of employment, promotion, compensation, benefits, or change in employment status or contractual relationship; or

(B) as a term, condition, or privilege of employment; or

(2) take any action to enforce any predispute nondisclosure or nondisparagement provision of an existing agreement with an employee or independent contractor that covers sexual harassment and sexual assault, as defined under any applicable Federal, State, or Tribal law.

SEC. 5919. Department of Homeland Security Office for Civil Rights and Civil Liberties authorization.

(a) Officer for Civil Rights and Civil Liberties.—

(1) IN GENERAL.—Section 705 of the Homeland Security Act of 2002 (6 U.S.C. 345) is amended—

(A) in the section heading, by striking “Establishment of”; and

(B) by striking subsections (a) and (b) and inserting the following new subsections:

“(a) Establishment.—

“(1) IN GENERAL.—There is established within the Department an Office for Civil Rights and Civil Liberties (referred to in this section as the ‘Office’). The head of the Office is the Officer for Civil Rights and Civil Liberties (referred to in this section as the ‘Officer’), who shall report directly to the Secretary.

“(2) DUTIES.—The Secretary and the head of each component shall—

“(A) ensure that the Officer for Civil Rights and Civil Liberties of the Department and the Officer for Civil Rights and Civil Liberties of such component—

“(i) have the information, materials, and resources necessary to carry out the functions of the Office;

“(ii) are consulted in advance of new or proposed changes to policies, programs, initiatives, and activities impacting civil rights and civil liberties; and

“(iii) are given full and complete access to all materials and personnel necessary to carry out the functions of the Office; and

“(B) consider advice and recommendations from the Officer for Civil Rights and Civil Liberties of the Department in the development and implementation of policies, programs, initiatives, and activities impacting civil rights and civil liberties.

“(b) Responsibilities.—The Officer shall carry out the following responsibilities:

“(1) Oversee compliance with constitutional, statutory, regulatory, policy, and other requirements relating to the civil rights and civil liberties of individuals affected by the policies, programs, initiatives, and activities of the Department.

“(2) Review and assess information concerning abuses of civil rights and civil liberties, and profiling on the basis of race, ethnicity, or religion, by employees and officials of the Department.

“(3) Integrate civil rights and civil liberties protections into all policies, programs, initiatives, and activities of the Department.

“(4) Conduct civil rights and civil liberties impact assessments, as appropriate, including such assessments prior to the implementation of new Department regulations, policies, programs, initiatives, and activities.

“(5) Conduct periodic reviews and assessments of policies, programs, initiatives, and activities of the Department relating to civil rights and civil liberties, including reviews and assessments initiated by the Officer.

“(6) Provide policy advice, recommendations, and other technical assistance relating to civil rights and civil liberties to the Secretary, and the heads of components, and other personnel within the Department.

“(7) Review, assess, and investigate complaints, including complaints filed by members of the public, and information indicating possible abuses of civil rights or civil liberties at the Department, unless the Inspector General of the Department determines that any such complaint should be investigated by the Inspector General.

“(8) Initiate reviews, investigations, and assessments of the administration of the policies, programs, initiatives, and activities of the Department relating to civil rights and civil liberties.

“(9) Coordinate with the Privacy Officer to ensure that—

“(A) policies, programs, initiatives, and activities involving civil rights, civil liberties, and privacy considerations are addressed in an integrated and comprehensive manner; and

“(B) Congress receives appropriate reports regarding such policies, programs, initiatives, and activities.

“(10) Lead the equal employment opportunity programs of the Department, including complaint management and adjudication, workforce diversity, and promotion of the merit system principles.

“(11) Make publicly available through accessible communications channels, including the website of the Department—

“(A) information on the responsibilities and functions of, and how to contact, the Office;

“(B) summaries of the investigations carried out pursuant to paragraphs (7) and (8) that result in recommendations; and

“(C) summaries of impact assessments and periodic reviews and assessments carried out pursuant to paragraphs (4) and (5), respectively, that are issued by the Officer.

“(12) Engage with individuals, stakeholders, and communities the civil rights and civil liberties of which may be affected by the policies, programs, initiatives, and activities of the Department, including by—

“(A) informing such individuals, stakeholders, and communities concerning such policies, programs, initiatives, and activities;

“(B) providing information for how to report and access redress processes; and

“(C) providing Department leadership and other personnel within the Department feedback from such individuals, stakeholders, and communities on the civil rights and civil liberties impacts of such policies, programs, initiatives, and activities, and working with State, local, Tribal, and territorial homeland security partners to enhance the Department’s policymaking and program implementation.

“(13) Lead a language access program for the Department to ensure the Department effectively communicates with all individuals impacted by programs and activities of the Department, including those with limited English proficiency.

“(14) Participate in the hiring or designation of a civil rights and civil liberties officer within each component and participate in the performance review process for such officer.

“(c) Authority to investigate.—

“(1) IN GENERAL.—For the purposes of subsection (b), the Officer shall—

“(A) have access to all materials and personnel necessary to carry out the functions of the Office under this subsection;

“(B) make such investigations and reports relating to the administration of the programs and operations of the Department as are necessary or appropriate; and

“(C) administer to or take from any person an oath, affirmation, or affidavit, whenever necessary to performance of the responsibilities of the Officer under this section.

“(2) EFFECT OF OATHS.—Any oath, affirmation, or affidavit administered or taken pursuant to paragraph (1)(C) by or before an employee of the Office designated for that purpose by the Officer shall have the same force and effect as if administered or taken by or before an officer having a seal of office.

“(d) Notification requirement.—In the case of a complaint made concerning allegations of abuses of civil rights and civil liberties under paragraph (7) of subsection (b), the Officer shall—

“(1) provide to the individual who made the complaint notice of the receipt of such complaint within 30 days of receiving the complaint; and

“(2) inform the complainant of the determination of the Office regarding—

“(A) the initiation of a review, assessment, or investigation by the Office;

“(B) a referral to the Inspector General of the Department; or

“(C) any other action taken.

“(e) Coordination with Inspector General.—

“(1) IN GENERAL.—

“(A) REFERRAL.—Before initiating an investigation initiated by the Officer pursuant to paragraph (7) or (8) of subsection (b), the Officer shall refer the matter at issue to the Inspector General of the Department.

“(B) DETERMINATIONS AND NOTIFICATIONS BY INSPECTOR GENERAL.—Not later than seven days after the receipt of a matter at issue under subparagraph (A), the Inspector General shall—

“(i) make a determination regarding whether the Inspector General intends to initiate an investigation of such matter; and

“(ii) notify the Officer of such determination.

“(C) INVESTIGATIONS.—If the Secretary determines that a complaint warrants both the Officer and the Inspector General conducting investigations concurrently, jointly, or in some other manner, the Secretary may authorize the Officer to conduct an investigation in such manner as the Secretary directs.

“(D) NOTIFICATION BY THE OFFICER.—If the Officer does not receive notification of a determination pursuant to subparagraph (B)(ii), the Officer shall notify the Inspector General of whether the Officer intends to initiate an investigation into the matter at issue.

“(f) Recommendations; response.—

“(1) IN GENERAL.—In the case of an investigation initiated by the Officer pursuant to paragraph (7) or (8) of subsection (b), if such an investigation results in the issuance of recommendations,the Officer shall produce a report that—

“(A) includes the final findings and recommendations of the Officer;

“(B) is made publicly available in summary form;

“(C) does not include any personally identifiable information; and

“(D) may include a classified annex.

“(2) TRANSMISSION.—The Officer shall transmit to the Secretary and the head of the relevant component a copy of each report under paragraph (1).

“(3) RESPONSE.—

“(A) IN GENERAL.—Not later than 45 days after the date on which the Officer transmits to the head of a component a copy of a report pursuant to paragraph (2), such head shall submit to the Secretary and the Officer a response to such report.

“(B) RULE OF CONSTRUCTION.—In the response submitted pursuant to subparagraph (A), each recommendation contained in the report transmitted pursuant to paragraph (2) with which the head of the component at issue concurs shall be deemed an accepted recommendation of the Department.

“(C) NONCONCURRENCE; APPEAL.—If the head of a component does not concur with a recommendation contained in the report transmitted pursuant to paragraph (2), or if such head does not respond to a recommendation within 45 days in accordance with subparagraph (A), the Officer may appeal to the Secretary.

“(D) RESULT.—If the Officer appeals to the Secretary pursuant to subparagraph (C), the Secretary shall, not later than 60 days after the date on which the Officer appeals—

“(i) accept the Officer’s recommendation, which recommendation shall be deemed the accepted recommendation of the Department; or

“(ii) accept the nonconcurrence of the head of the component at issue if transmitted in accordance with subparagraph (A).

“(g) Reporting.—

“(1) IN GENERAL.—In the case of an investigation initiated by the Officer pursuant to paragraph (7) or (8) of subsection (b), if such an investigation resulted in the issuance of recommendations, the Officer shall, on an annual basis, make publicly available through accessible communications channels, including the website of the Department—

“(A) a summary of investigations that are completed, consistent with section 1062(f)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee–1(f)(2));

“(B) the accepted recommendations of the Department, if any; and

“(C) a summary of investigations that result in final recommendations that are issued by the Officer.

“(2) PROHIBITION.—Materials made publicly available pursuant to paragraph (1) may not include any personally identifiable information related to any individual involved in the investigation at issue.

“(h) Component civil rights and civil liberties officers.—

“(1) IN GENERAL.—Any component that has an Officer for Civil Rights and Civil Liberties of such component shall ensure that such Officer for Civil Rights and Civil Liberties of such component shall coordinate with and provide information to the Officer for Civil Rights and Civil Liberties of the Department on matters related to civil rights and civil liberties within each such component.

“(2) OFFICERS OF OPERATIONAL COMPONENTS.—The head of each operational component, in consultation with the Officer for Civil Rights and Civil Liberties of the Department, shall hire or designate a career appointee (as such term is defined in section 3132 of title 5, United States Code) from such component as the Officer for Civil Rights and Civil Liberties of such operational component.

“(3) RESPONSIBILITIES.—Each Officer for Civil Rights and Civil Liberties of each component—

“(A) shall have access in a timely manner to the information, materials, and information necessary to carry out the functions of such officer;

“(B) shall be consulted in advance of new or proposed changes to component policies, programs, initiatives, and activities impacting civil rights and civil liberties;

“(C) shall be given full and complete access to all component materials and component personnel necessary to carry out the functions of such officer;

“(D) may, to the extent the Officer for Civil Rights and Civil Liberties of the Department determines necessary, and subject to the approval of the Secretary, administer to or take from any person an oath, affirmation, or affidavit, whenever necessary in the performance of the responsibilities of each such component Officer under this section; and

“(E) may administer any oath, affirmation, or affidavit, and such oath, affirmation, shall have the same force and effect as if administered or taken by or before an officer having a seal of office.

“(i) Annual report.—Not later than March 31 of each year, the Officer shall submit to the Committee on Homeland Security of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and any other Committee of the House of Representatives or the Senate, as the case may be, the Officer determines relevant, a report on the implementation of this section during the immediately preceding fiscal year. Each such annual report shall be prepared and submitted for supervisory review and appropriate comment or amendment by the Secretary prior to submission to such committees, and the Officer shall consider and incorporate any comments or amendments as a result of such review. Each such report shall include, for the year covered by such report, the following:

“(1) A list of Department regulations, policies, programs, initiatives, and activities for which civil rights and civil liberties impact assessments were conducted, or policy advice, recommendations, or other technical assistance was provided.

“(2) An assessment of the efforts of the Department to effectively communicate with all individuals impacted by programs and activities of the Department, including those with limited English proficiency through the language access program referred to in subsection (b)(13).

“(3) A summary of investigations under paragraph (7) or (8) of subsection (b) resulting in recommendations issued pursuant to subsection (f), together with information on the status of the implementation of such recommendations by the component at issue.

“(4) Information on the diversity and equal employment opportunity activities of the Department, including information on complaint management and adjudication of equal employment opportunity complaints, and efforts to ensure compliance throughout the Department with equal employment opportunity requirements.

“(5) A description of any efforts, including public meetings, to engage with individuals, stakeholders, and communities the civil rights and civil liberties of which may be affected by policies, programs, initiatives, and activities of the Department.

“(6) Information on total staffing for the Office, including—

“(A) the number of full-time, part-time, and contract support personnel; and

“(B) information on the number of employees whose primary responsibilities include supporting the Officer in carrying out paragraph (10) of subsection (b).

“(7) If required, a classified annex.

“(j) Definition.—In this section, the term ‘component’ means any operational component, non-operational component, directorate, or office of the Department.”.

(2) CLERICAL AMENDMENT.—The item relating to section 705 in section 1(b) of the Homeland Security Act of 2002 is amended to read as follows:

“Sec. 705. Officer for Civil Rights and Civil Liberties”.

(3) REPORTING TO CONGRESS.—Section 1062(f)(1)(A)(i) of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee–1(f)(1)(A)(i)) is amended by striking “the Committee on Oversight and Government Reform of the House of Representatives” and inserting “the Committee on Homeland Security of the House of Representatives, the Committee on Oversight and Reform of the House of Representatives”.

(b) Comptroller General review.—Not later than two years after the date of the enactment of this section, the Comptroller General of the United States shall submit to Congress a report on the implementation of subsection (b)(12) of section 705 of the Homeland Security Act of 2002 (6 U.S.C. 345), as amended by subsection (a).

SEC. 5920. Modification to peacekeeping operations report.

Section 6502 of the National Defense Authorization Act for Fiscal Year 2022 (135 Stat. 2422) is amended—

(1) in subsection (a)—

(A) by amendment paragraph (4) to read as follows:

“(4) As applicable, 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) by amending the heading to read as follows: “Reports”; 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. 5921. Report to Congress by Secretary of State on government-ordered internet or telecommunications shutdowns.

Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to 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 a report that—

(1) describes incidents, occurring during the 5-year period preceding the date of the submission of the report, of government-ordered internet or telecommunications shutdowns in foreign countries;

(2) analyzes the impact of such shutdowns on global security and the human rights of those affected; and

(3) contains a strategy for engaging with the international community to respond to such shutdowns.

SEC. 5922. Survivors’ bill of rights.

(a) Definition of covered formula grant.—In this section, 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”).

(b) Grant increase.—The Attorney General shall increase the amount of the covered formula grant provided to a State in accordance with this section 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.

(c) Application.—A State seeking an increase to a covered formula grant under this section 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 subsection (b).

(d) 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 section more than 4 times.

SEC. 5923. Admission of essential scientists and technical experts to promote and protect National Security Innovation Base.

(a) Special immigrant status.—In accordance with the procedures established under subsection (f)(1), and subject to subsection (c)(1), the Secretary of Homeland Security may provide an alien described in subsection (b) (and the spouse and each child of the alien if accompanying or following to join the alien) with the status of a special immigrant under section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), if the alien—

(1) submits a classification petition under section 204(a)(1)(G)(i) of such Act (8 U.S.C. 1154(a)(1)(G)(i)); and

(2) is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for lawful permanent residence.

(b) Aliens described.—An alien is described in this subsection if—

(1) the alien—

(A) is employed by a United States employer and engaged in work to promote and protect the National Security Innovation Base;

(B) is engaged in basic or applied research, funded by the Department of Defense, through a United States institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); or

(C) possesses scientific or technical expertise that will advance the development of critical technologies identified in the National Defense Strategy or the National Defense Science and Technology Strategy, required by section 218 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1679 ); and

(2) the Secretary of Defense issues a written statement to the Secretary of Homeland Security confirming that the admission of the alien is essential to advancing the research, development, testing, or evaluation of critical technologies described in paragraph (1)(C) or otherwise serves national security interests.

(1) IN GENERAL.—The total number of principal aliens who may be provided special immigrant status under this section may not exceed—

(A) 10 in each of fiscal years 2023 through 2032; and

(B) 100 in fiscal year 2033 and each fiscal year thereafter.

(2) EXCLUSION FROM NUMERICAL LIMITATION.—Aliens provided special immigrant status under this section shall not be counted against the numerical limitations under sections 201(d), 202(a), and 203(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4)).

(d) Defense competition for scientists and technical experts.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop and implement a process to select, on a competitive basis from among individuals described in subsection (b), individuals for recommendation to the Secretary of Homeland Security for special immigrant status described in subsection (a).

(e) Authorities.—In carrying out this section, the Secretary of Defense shall authorize appropriate personnel of the Department of Defense to use all personnel and management authorities available to the Department, including the personnel and management authorities provided to the science and technology reinvention laboratories, the Major Range and Test Facility Base (as defined in 196(i) of title 10, United States Code), and the Defense Advanced Research Projects Agency.

(f) Procedures.—Not later than 360 days after the date of the enactment of this Act, the Secretary of Homeland Security and Secretary of Defense shall jointly establish policies and procedures implementing the provisions in this section, which shall include procedures for—

(1) processing of petitions for classification submitted under subsection (a)(1) and applications for an immigrant visa or adjustment of status, as applicable; and

(2) thorough processing of any required security clearances.

(g) Fees.—The Secretary of Homeland Security shall establish a fee—

(1) to be charged and collected to process an application filed under this section; and

(2) that is set at a level that will ensure recovery of the full costs of such processing and any additional costs associated with the administration of the fees collected.

(h) Implementation report required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security and Secretary of Defense shall jointly submit to the appropriate congressional committees a report that includes—

(1) a plan for implementing the authorities provided under this section; and

(2) identification of any additional authorities that may be required to assist the Secretaries in fully implementing section.

(i) Program evaluation and report.—

(1) EVALUATION.—The Comptroller General of the United States shall conduct an evaluation of the competitive program and special immigrant program described in subsections (a) through (g).

(2) REPORT.—Not later than October 1, 2026, the Comptroller General shall submit to the appropriate congressional committees a report on the results of the evaluation conducted under paragraph (1).

(j) Definitions.—In this section:

(1) The term “appropriate congressional committees” means—

(A) the Committee on Armed Services and the Committee on the Judiciary of the House of Representatives; and

(B) the Committee on Armed Services and the Committee on the Judiciary of the Senate.

(2) The term “National Security Innovation Base” means the network of persons and organizations, including Federal agencies, institutions of higher education, Federally funded research and development centers, defense industrial base entities, nonprofit organizations, commercial entities, and venture capital firms that are engaged in the military and non-military research, development, funding, and production of innovative technologies that support the national security of the United States.

SEC. 5924. Delaware River Basin Conservation reauthorization.

(a) Cost sharing.—Section 3504(c)(1) of the Water Infrastructure Improvements for the Nation Act (Public Law 114–322; 130 Stat. 1775) is amended—

(1) by striking “The Federal share” and inserting the following:

“(A) IN GENERAL.—Except as provided in subparagraph (B), the Federal share”; and

(2) by adding at the end the following:

“(B) SMALL, RURAL, AND DISADVANTAGED COMMUNITIES.—

“(i) IN GENERAL.—Subject to clause (ii), the Federal share of the cost of a project funded under the grant program that serves a small, rural, or disadvantaged community shall be 90 percent of the total cost of the project, as determined by the Secretary.

“(ii) WAIVER.—The Secretary may increase the Federal share under clause (i) to 100 percent of the total cost of the project if the Secretary determines that the grant recipient is unable to pay, or would experience significant financial hardship if required to pay, the non-Federal share.”.

(b) Repeal of prohibition on use of funds for federal acquisition of interests in land.—Section 3506 of the Water Infrastructure Improvements for the Nation Act (Public Law 114–322; 130 Stat. 1775) is repealed.

(c) Sunset.—Section 3507 of the Water Infrastructure Improvements for the Nation Act (Public Law 114–322; 130 Stat. 1775) is amended by striking “2023” and inserting “2030”.

SEC. 5931. Short title.

This subtitle may be cited as the “Rights for the Transportation Security Administration Workforce Act of 2022” or the “Rights for the TSA Workforce Act of 2022”.

SEC. 5932. Definitions.

For purposes of this subtitle—

(1) the term “adjusted basic pay” means—

(A) the rate of pay fixed by law or administrative action for the position held by a covered employee before any deductions; and

(B) any regular, fixed supplemental payment for non-overtime hours of work creditable as basic pay for retirement purposes, including any applicable locality payment and any special rate supplement;

(2) the term “Administrator” means the Administrator of the Transportation Security Administration;

(3) the term “appropriate congressional committees” means the Committees on Homeland Security and Oversight and Reform of the House of Representatives and the Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate;

(4) the term “at-risk employee” means a Transportation Security Officer, Federal Air Marshal, canine handler, or any other employee of the Transportation Security Administration carrying out duties that require substantial contact with the public during the COVID–19 national emergency;

(5) the term “conversion date” means the date as of which subparagraphs (A) through (F) of section 5933(c)(1) take effect;

(6) the term “covered employee” means an employee who holds a covered position;

(7) the term “covered position” means a position within the Transportation Security Administration;

(8) the term “COVID–19 national emergency” means the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) on March 13, 2020, with respect to the coronavirus;

(9) the term “employee” has the meaning given such term by section 2105 of title 5, United States Code;

(10) the term “Secretary” means the Secretary of Homeland Security;

(11) the term “TSA personnel management system” means any personnel management system established or modified under—

(A) section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note); or

(B) section 114(n) of title 49, United States Code;

(12) the term “TSA” means the Transportation Security Administration; and

(13) the term “2019 Determination” means the publication, entitled “Determination on Transportation Security Officers and Collective Bargaining”, issued on July 13, 2019, by Administrator David P. Pekoske, as modified, or any superseding subsequent determination.

SEC. 5933. Conversion of TSA personnel.

(a) Restrictions on certain personnel authorities.—

(1) IN GENERAL.—Notwithstanding any other provision of law, and except as provided in paragraph (2), effective as of the date of the enactment of this Act—

(A) any TSA personnel management system in use for covered employees and covered positions on the day before such date of enactment, and any TSA personnel management policy, letter, guideline, or directive in effect on such day may not be modified;

(B) no TSA personnel management policy, letter, guideline, or directive that was not established before such date issued pursuant to section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note) or section 114(n) of title 49, United States Code, may be established; and

(C) any authority to establish or adjust a human resources management system under chapter 97 of title 5, United States Code, shall terminate with respect to covered employees and covered positions.

(2) EXCEPTIONS.—

(A) PAY.—Notwithstanding paragraph (1)(A), the limitation in that paragraph shall not apply to any TSA personnel management policy, letter, guideline, or directive related to annual adjustments to pay schedules and locality-based comparability payments in order to maintain parity with such adjustments authorized under section 5303, 5304, 5304a, and 5318 of title 5, United States Code; and

(B) ADDITIONAL POLICY.—Notwithstanding paragraph (1)(B), new TSA personnel management policy may be issued if—

(i) such policy is needed to resolve a matter not specifically addressed in policy in effect on the date of enactment of this Act; and

(ii) the Secretary provides such policy, with an explanation of its necessity, to the appropriate congressional committees not later than 7 days of issuance.

(C) EMERGING THREATS TO TRANSPORTATION SECURITY DURING TRANSITION PERIOD.—Notwithstanding paragraph (1), any TSA personnel management policy, letter, guideline, or directive related to an emerging threat to transportation security, including national emergencies or disasters and public health threats to transportation security, may be modified or established until the conversion date. The Secretary shall provide to the appropriate congressional committees any modification or establishment of such a TSA personnel management policy, letter, guideline, or directive, with an explanation of its necessity, not later than 7 days of such modification or establishment.

(b) Personnel authorities during transition period.—Any TSA personnel management system in use for covered employees and covered positions on the day before the date of enactment of this Act and any TSA personnel management policy, letter, guideline, or directive in effect on the day before the date of enactment of this Act shall remain in effect until the conversion date.

(1) IN GENERAL.—Except as provided in paragraph (2), effective as of the date determined by the Secretary, but in no event later than December 31, 2022—

(A) the TSA personnel management system shall cease to be in effect;

(B) section 114(n) of title 49, United States Code, is repealed;

(D) any TSA personnel management policy, letter, guideline, and directive, including the 2019 Determination, shall cease to be effective;

(E) any human resources management system established or adjusted under chapter 97 of title 5, United States Code, with respect to covered employees or covered positions shall cease to be effective; and

(F) covered employees and covered positions shall be subject to the provisions of title 5, United States Code.

(2) CHAPTERS 71 AND 77 OF TITLE 5.—Not later than 90 days after the date of enactment of this Act—

(A) chapter 71 and chapter 77 of title 5, United States Code, shall apply to covered employees carrying out screening functions pursuant to section 44901 of title 49, United States Code; and

(B) any policy, letter, guideline, or directive issued under section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note) related to matters otherwise covered by such chapter 71 or 77 shall cease to be in effect.

(3) ASSISTANCE OF OTHER AGENCIES.—Not later than 180 days after the date of enactment of this Act or December 31, 2022, whichever is earlier—

(A) the Office of Personnel Management shall establish a position series and classification standard for the positions of Transportation Security Officer, Federal Air Marshal, Transportation Security Inspector, and other positions requested by the Administrator; and

(B) the Department of Agriculture’s National Finance Center shall make necessary changes to its Financial Management Services and Human Resources Management Services to ensure payroll, leave, and other personnel processing systems for TSA personnel are commensurate with chapter 53 of title 5, United States Code, and provide functions as needed to implement this subtitle.

(d) Safeguards on grievances and appeals.—

(1) IN GENERAL.—Each covered employee with a grievance or appeal pending within TSA on the date of the enactment of this Act or initiated during the transition period described in subsection (c) shall have the right to have such grievance or appeal removed to proceedings pursuant to title 5, United States Code, or continued within the TSA.

(2) AUTHORITY.—With respect to any grievance or appeal continued within the TSA pursuant to paragraph (1), the Administrator may consider and finally adjudicate such grievance or appeal notwithstanding any other provision of this subtitle.

(3) PRESERVATION OF RIGHTS.—Notwithstanding any other provision of law, any appeal or grievance continued pursuant to this section that is not finally adjudicated pursuant to paragraph (2) shall be preserved and all timelines tolled until the rights afforded by application of chapters 71 and 77 of title 5, United States Code, are made available pursuant to section 5933(c)(2) of this subtitle.

SEC. 5934. Transition rules.

(a) Nonreduction in pay and compensation.—Under pay conversion rules as the Secretary may prescribe to carry out this subtitle, a covered employee converted from a TSA personnel management system to the provisions of title 5, United States Code, pursuant to section 5933(c)(1)(F)—

(1) shall not be subject to any reduction in either the rate of adjusted basic pay payable or law enforcement availability pay payable to such covered employee; and

(2) shall be credited for years of service in a specific pay band under a TSA personnel management system as if the employee had served in an equivalent General Schedule position at the same grade, for purposes of determining the appropriate step within a grade at which to establish the employee’s converted rate of pay.

(b) Retirement pay.—Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to the appropriate congressional committees a proposal, including proposed legislative changes if needed, for determining a covered employee’s average pay for purposes of calculating the employee’s retirement annuity, consistent with title 5, United States Code, for any covered employee who retires within three years of the conversion date, in a manner that appropriately accounts for time in service and annual rate of basic pay following the conversion date.

(c) Limitation on premium pay.—Notwithstanding section 5547 of title 5, United States Code, or any other provision of law, a Federal Air Marshal or criminal investigator hired prior to the date of enactment of this Act may be eligible for premium pay up to the maximum level allowed by the Administrator prior to the date of enactment of this Act. The Office of Personnel Management shall recognize such premium pay as fully creditable for the purposes of calculating pay and retirement benefits.

(d) Preservation of law enforcement availability pay and overtime pay rates for federal air marshals.—

(1) LEAP.—Section 5545a of title 5, United States Code, is amended by adding at the end the following:

“(l) The provisions of subsections (a)–(h) providing for availability pay shall apply to any Federal Air Marshal who is an employee of the Transportation Security Administration.”.

(2) OVERTIME.—Section 5542 of such title is amended by adding at the end the following:

“(i) Notwithstanding any other provision of law, a Federal Air Marshal who is an employee of the Transportation Security Administration shall receive overtime pay under this section, at such a rate and in such a manner, so that such Federal Air Marshal does not receive less overtime pay than such Federal Air Marshal would receive were that Federal Air Marshal subject to the overtime pay provisions of section 7 of the Fair Labor Standards Act of 1938.”.

(3) EFFECTIVE DATE.—The amendments made by paragraphs (1) and (2) shall begin to apply on the conversion date (as that term is defined in section 5932 of the Rights for the TSA Workforce Act of 2022).

(e) Collective bargaining unit.—Notwithstanding section 7112 of title 5, United States Code, following the application of chapter 71 pursuant to section 5933(c)(2) of this subtitle, full- and part-time non-supervisory Transportation Security Administration personnel carrying out screening functions under section 44901 of title 49, United States Code, shall remain eligible to form a collective bargaining unit.

(f) Preservation of other rights.—The Secretary shall take any actions necessary to ensure that the following rights are preserved and available for each covered employee as of the conversion date and any covered employee appointed after the conversion date, and continue to remain available to covered employees after the conversion date:

(1) Any annual leave, sick leave, or other paid leave accrued, accumulated, or otherwise available to a covered employee immediately before the conversion date shall remain available to the employee until used, subject to any limitation on accumulated leave under chapter 63 of title 5, United States Code.

(2) Part-time personnel carrying out screening functions under section 44901 of title 49, United States Code, pay Federal Employees Health Benefits premiums on the same basis as full-time TSA employees.

(3) Covered employees are provided appropriate leave during national emergencies to assist the covered employees and ensure TSA meets mission requirements, notwithstanding section 6329a of title 5, United States Code.

(4) Eligible covered employees carrying out screening functions under section 44901 of title 49, United States Code, receive a split-shift differential for regularly scheduled split-shift work as well as regularly scheduled overtime and irregular and occasional split-shift work.

(5) Eligible covered employees receive group retention incentives, as appropriate, notwithstanding sections 5754(c), (e), and (f) of title 5, United States Code.

SEC. 5935. Consultation requirement.

(a) Exclusive representative.—

(1) IN GENERAL.—

(A) Beginning on the date chapter 71 of title 5, United States Code, begins to apply to covered employees pursuant to section 5933(c)(2), the labor organization certified by the Federal Labor Relations Authority on June 29, 2011, or any successor labor organization, shall be treated as the exclusive representative of full- and part-time non-supervisory TSA personnel carrying out screening functions under section 44901 of title 49, United States Code, and shall be the exclusive representative for such personnel under chapter 71 of title 5, United States Code, with full rights under such chapter.

(B) Nothing in this subsection shall be construed to prevent covered employees from selecting an exclusive representative other than the labor organization described under paragraph (1) for purposes of collective bargaining under such chapter 71.

(2) NATIONAL LEVEL.—Notwithstanding any provision of such chapter 71, collective bargaining for any unit of covered employees shall occur at the national level, but may be supplemented by local level bargaining and local level agreements in furtherance of elements of a national agreement or on local unit employee issues not otherwise covered by a national agreement. Such local-level bargaining and local-level agreements shall occur only by mutual consent of the exclusive representative of full and part-time non-supervisory TSA personnel carrying out screening functions under section 44901 of title 49, United States Code, and a TSA Federal Security Director or their designee.

(3) CURRENT AGREEMENT.—Any collective bargaining agreement covering such personnel in effect on the date of enactment of this Act shall remain in effect until a collective bargaining agreement is entered into under such chapter 71, unless the Administrator and exclusive representative mutually agree to revisions to such agreement.

(b) Consultation process.—Not later than seven days after the date of the enactment of this Act, the Secretary shall consult with the exclusive representative for the personnel described in subsection (a) under chapter 71 of title 5, United States Code, on the formulation of plans and deadlines to carry out the conversion of full- and part-time non-supervisory TSA personnel carrying out screening functions under section 44901 of title 49, United States Code, under this subtitle. Prior to the date such chapter 71 begins to apply pursuant to section 5933(c)(2), the Secretary shall provide (in writing) to such exclusive representative the plans for how the Secretary intends to carry out the conversion of such personnel under this subtitle, including with respect to such matters as—

(1) the anticipated conversion date; and

(2) measures to ensure compliance with sections 5933 and 5934.

(c) Required agency response.—If any views or recommendations are presented under subsection (b) by the exclusive representative, the Secretary shall consider the views or recommendations before taking final action on any matter with respect to which the views or recommendations are presented and provide the exclusive representative a written statement of the reasons for the final actions to be taken.

SEC. 5936. No right to strike.

Nothing in this subtitle may be considered—

(1) to repeal or otherwise affect—

(A) section 1918 of title 18, United States Code (relating to disloyalty and asserting the right to strike against the Government); or

(B) section 7311 of title 5, United States Code (relating to loyalty and striking); or

(2) to otherwise authorize any activity which is not permitted under either provision of law cited in paragraph (1).

SEC. 5937. Proposal on hiring and contracting background check requirements.

Not later than one year after the date of enactment of this Act, the Secretary shall submit a plan to the appropriate congressional committees on a proposal to harmonize and update, for the purposes of hiring and for authorizing or entering into any contract for service, the restrictions in section 70105(c) of title 46, United States Code, (relating to the issuance of transportation security cards) and section 44936 of title 49, United States Code, (relating to security screener employment investigations and restrictions).

SEC. 5938. Comptroller General reviews.

(a) Review of recruitment.—Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the efforts of the TSA regarding recruitment, including recruitment efforts relating to veterans and the dependents of veterans and members of the Armed Forces and the dependents of such members. Such report shall also include recommendations regarding how the TSA may improve such recruitment efforts.

(b) Review of implementation.—Not later than 60 days after the conversion date, the Comptroller General shall commence a review of the implementation of this subtitle. The Comptroller General shall submit to Congress a report on its review no later than one year after such conversion date.

(c) Review of promotion policies and leadership diversity.—Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the efforts of the TSA to ensure that recruitment, hiring, promotion, and advancement opportunities are equitable and provide for demographics among senior leadership that are reflective of the United States’ workforce demographics writ large. Such report shall, to the extent possible, include an overview and analysis of the current demographics of TSA leadership and, as appropriate, recommendations to improve hiring and promotion procedures and diversity in leadership roles that may include recommendations for how TSA can better promote from within and retain and advance its workers.

(d) Review of harassment and assault policies and protections.—Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the efforts of the TSA to ensure the safety of its staff with regards to harassment and assault in the workplace, such as incidents of sexual harassment and violence and harassment and violence motivated by an individual’s perceived race, ethnicity, religion, gender identity or sexuality, and including incidents where the alleged perpetrator or perpetrators are members of the general public. Such report shall include an overview and analysis of the current TSA policies and response procedures, a detailed description of if, when, and how these policies fail to adequately protect TSA personnel, and, as appropriate, recommendations for steps the TSA can take to better protect its employees from harassment and violence in their workplace. In conducting its review, the Comptroller General shall provide opportunities for TSA employees of all levels and positions, and unions and associations representing such employees, to submit comments, including in an anonymous form, and take those comments into account in its final recommendations.

SEC. 5939. Sense of Congress.

It is the sense of Congress that—

(1) the TSA’s personnel system provides insufficient benefits and workplace protections to the workforce that secures the nation’s transportation systems and that the TSA’s workforce should be provided protections and benefits under title 5, United States Code; and

(2) the provision of these title 5 protections and benefits should not result in a reduction of pay or benefits to current TSA employees.

SEC. 5940. Assistance for Federal air marshal service.

The Administrator may communicate with organizations representing a significant number of Federal Air Marshals, to the extent provided by law, to address concerns regarding Federal Air Marshals related to the following:

(1) Mental health.

(2) Suicide rates.

(3) Morale and recruitment.

(4) Equipment and training.

(5) Work schedules and shifts, including mandated periods of rest.

(6) Any other personnel issues the Administrator determines appropriate.

SEC. 5941. Prevention and protection against certain illness.

The Administrator, in coordination with the Director of the Centers for Disease Control and Prevention and the Director of the National Institute of Allergy and Infectious Diseases, shall ensure that covered employees are provided proper guidance regarding prevention and protections against the COVID–19 National Emergency, including appropriate resources.

SEC. 5942. Hazardous duty payments.

Subject to the availability of appropriations, and not later than 90 days after receiving such appropriations, the Administrator shall provide a one-time bonus payment of $3,000 to each at-risk employee.

SEC. 5943. Authorization of appropriations.

There is authorized to be appropriated such sums as may be necessary, to remain available until expended, to carry out this subtitle.

SEC. 5944. Study on feasibility of commuting benefits.

Not later than 270 days after the enactment of this Act, the Administrator shall submit to the appropriate congressional committees a feasibility study on allowing covered employees carrying out screening functions under section 44901 of title 49, United States Code, to treat as hours of employment time spent by such employees regularly traveling between airport parking lots and bus and transit stops and screening checkpoints before and after the regular work day. In conducting such study, the Administrator shall consider—

(1) the amount of time needed to travel to and from airport parking lots and bus and transit stops at representative airports of various sizes;

(2) the feasibility of using mobile phones and location data to allow employees to report their arrival to and departure from airport parking lots and bus and transit stops; and

(3) the estimated costs of providing such benefits.

SEC. 5945. Briefing on assaults and threats on tsa employees.

Not later than 90 days after the date of the enactment of this Act, the Administrator shall brief the appropriate congressional committees regarding the following:

(1) Reports to the Administrator of instances of physical or verbal assault or threat made by a member of the general public against a covered employee engaged in carrying out screening functions under section 44901 of title 49, United States Code, since January 1, 2019.

(2) Procedures for reporting such assaults and threats, including information on how the Administrator communicates the availability of such procedures.

(3) Any steps taken by TSA to prevent and respond to such assaults and threats.

(4) Any related civil actions and criminal referrals made annually since January 1, 2019.

(5) Any additional authorities needed by the Administrator to better prevent or respond to such assaults and threats.

SEC. 5946. Annual reports on TSA workforce.

Not later than one year after the date of the enactment of this Act and annually thereafter, the Administrator shall submit to the appropriate congressional committees a report that contains the following:

(1) An analysis of the Office of Personnel Management’s Federal Employee Viewpoint Survey (FEVS) to determine job satisfaction rates of covered employees.

(2) Information relating to retention rates of covered employees at each airport, including transfers, in addition to aggregate retention rates of covered employees across the TSA workforce.

(3) Information relating to actions taken by the TSA intended to improve workforce morale and retention.

SEC. 6001. Short title.

This title may be cited as the “Taiwan Peace and Stability Act”.

SEC. 6002. Findings and statement of policy.

(a) Findings.—Congress makes the following findings:

(1) The United States has consistently sought to advance peace and stability in East Asia as a central element of U.S. 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 U.S. policy and create a fait accompli on questions surrounding Taiwan’s future.

(3) In order to ensure the longevity of U.S. policy and preserve the ability of the people of Taiwan to determine their future independently, it is necessary to reinforce Taiwan’s diplomatic, economic, and physical 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. 6003. Definitions.

In this title—

(1) the term “appropriate congressional committees” means—

(A) the Committee on Foreign Affairs of the House of Representatives; and

(B) the Committee on Foreign Relations of the Senate;

(2) the term “international organization” includes United Nations funds, programs, specialized agencies, entities, and bodies, and other organizations outside of the United Nations system, as the Secretary of State or the Secretary’s designee deems appropriate, and in consultation with other Federal departments and agencies;

(3) the term ‘One-China Principle’ means the PRC’s policy toward Taiwan;

(4) the term “civil society organizations” means international civil society organizations that are critical to maintaining Taiwan's international space and enabling Taiwan to play a positive and constructive role in the global community; and

(5) the term “potential PLA campaigns” means—

(A) a naval blockade of Taiwan;

(B) an amphibious assault and ground invasion of Taiwan, especially such invasion designed to accomplish a fiat accompli before intervention is possible; and

SEC. 6011. Findings.

Congress makes the following findings:

(1) Taiwan has provided monetary, humanitarian, and medical assistance to combat diseases such as AIDS, tuberculosis, Ebola, and dengue fever in countries around the world. During the COVID–19 pandemic, Taiwan donated millions of pieces of personal protective equipment and COVID–19 tests to countries in need.

(2) 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.

(3) Taiwan was invited to participate in the World Health Assembly, 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.

(4) The Taipei Flight Information Region reportedly served 1.75 million flights and 68.9 million 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.

(5) 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. 6012. Sense of Congress on Taiwan’s meaningful participation in the international community.

It is the sense of Congress that—

(1) Taiwan is free, democratic, and prosperous, and is home to 23.5 million people. It 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 with forward looking environmental policies;

(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 U.S. cooperation with Taiwan to provide global public goods, including through development assistance, humanitarian assistance, and disaster relief in trilateral and multilateral fora is laudable and should continue;

(4) nonetheless, significant structural, policy, and legal barriers remain to advancing Taiwan’s meaningful participation in the international community; and

(5) efforts to share Taiwan’s expertise with other parts of the global community could be further enhanced through a systematic approach, along with greater attention from Congress and the American public to such efforts.

SEC. 6013. Strategy to support Taiwan’s meaningful participation in international organizations.

(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with other Federal departments and agencies as appropriate, shall submit to the appropriate congressional committees a strategy—

(1) to advance Taiwan’s meaningful participation in a prioritized set of international organizations (IOs); and

(2) that responds to growing pressure from the PRC on foreign governments, IOs, commercial actors, and civil society organizations to comply with its “One-China Principle”, with respect to Taiwan.

(b) Matters To be included.—

(1) IN GENERAL.—The strategy required in paragraph (a) shall include:

(A) An assessment of the methods the PRC uses to coerce actors to into adhering to its “One-China Principle.” The methods shall include those employed against governments, IOs, and civil society organizations. The assessment shall also include pressure on commercial actors, to the extent it is relevant in the context of Taiwan’s meaningful participation in IOs.

(B) 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.

(C) A systematic analysis of all IOs, as practicable, to identify IOs that best lend themselves to advancing Taiwan’s participation. The analysis shall include, but is not limited to the IOs’—

(i) policy on the requirements to obtain membership and observer status, as well as the foundational documents defining membership requirements and observer status within the IO;

(ii) participation rules;

(iii) processes for developing membership requirements and participation rules;

(iv) policies of current members regarding Taiwan’s political status; and

(v) relative reliance on contributions from the PRC and how it may affect internal decision making.

(D) An evaluation of the feasibility and advisability of expanding economic, security, and diplomatic engagement with nations that have demonstrably strengthened, enhanced, or upgraded relations with Taiwan, where it aligns with U.S. interests.

(E) 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.

(F) A list of no more than 20 IOs at which the U.S. 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 shall be derived from the IOs identified in paragraph (1)(C).

(G) A description of the diplomatic strategies and the coalitions the U.S. Government plans to develop to implement paragraph (b)(1)(F).

(c) Form of report.—The strategy required in subsection (a) shall be classified, but it may include an unclassified summary, if the Secretary of State determines it appropriate.

(d) Consultation.—The Secretary of State or his or her designee, shall consult with the appropriate congressional committees—

(1) no later than 90 days after the date of enactment of this Act, on the list of IOs identified in subsection (b)(1)(C); and

(2) 180 days after submitting the strategy required in subsection (a), and 180 days thereafter for two years, regarding the development and implementation of the strategy.

SEC. 6014. Expanding United States-Taiwan development cooperation.

(a) In general.—No later than 120 days following the date of enactment of this Act, the Administrator of the United States Agency for International Development (USAID), in consultation with the U.S. International Development Finance Corporation (DFC), shall submit to the appropriate congressional committees 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:

(1) A comprehensive review of existing cooperation mechanisms and initiatives between USAID or DFC, and relevant departments and agencies in Taiwan, including, but not limited to Taiwan’s International Cooperation and Development Fund (ICDF).

(2) An assessment of how USAID and DFC development cooperation with relevant departments and agencies in Taiwan compares to comparable cooperation with partners of similar economic size and foreign assistance capacity.

(3) An analysis of the opportunities and challenges the cooperation reviewed in paragraph (1) has offered to date. The analysis shall include, but is not limited to—

(A) opportunities collaboration has offered to expand USAID’s and DFC’s ability to deliver assistance into a wider range communities;

(B) sectors where USAID, DFC, ICDF, other relevant agencies and departments in Taiwan, or the organizations’ implementing partners have a comparative advantage in providing assistance;

(C) opportunities to transition virtual capacity building events with relevant departments and agencies in Taiwan, through the Global Cooperation and Training Framework (GCTF) as well as other forums, into in-person, enduring forms of development cooperation.

(4) An assessment of any legal, policy, logistical, financial, or administrative barriers to expanding cooperation in trilateral or multilateral development. The analysis shall include, but is not limited to—

(A) availability of personnel at the American Institute in Taiwan (AIT) responsible for coordinating development assistance cooperation;

(B) volume of current cooperation initiatives and barriers to expanding it;

(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 U.S.-Taiwan cooperation in third countries.

(5) Recommendations to address the challenges identified in paragraph (b)(4).

(6) A description of any additional resources or authorities that expanding cooperation might require.

(c) Form of report.—The strategy required in subsection (a) shall be unclassified, but it may include a classified annex if the Administrator of USAID determines it appropriate.

SEC. 6021. Sense of Congress on expanding U.S. economic relations with Taiwan.

It is the sense of the Congress that—

(1) expanding U.S. economic relations with Taiwan has benefited the people of both the United States and Taiwan. 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 U.S. agricultural exports;

(2) further integration, consistent with robust environmental standard and labor rights, 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.

SEC. 6031. Sense of Congress on peace and stability in the Taiwan Strait.

It is the sense of Congress that—

(1) PRC attempts to intimidate Taiwan, including through high rates of PRC sorties into air space near Taiwan, and PRC amphibious assault exercises near Taiwan, jeopardizes the long-standing U.S. position that differences in cross-Strait relations must be resolved peacefully;

(2) given the potential for a cross-Strait conflict to be highly destructive and destabilizing, any increase in the risk of conflict demands attention and obligates leaders to reinforce deterrence, as the most viable means to prevent war;

(3) Taiwan should continue to implement its asymmetric defense strategy, including investing in cost-effective and resilient capabilities, while also strengthening recruitment and training of its reserve and civil defense forces, and those capabilities include coastal defense cruise missiles; and

(4) while enhancing deterrence, it is also essential to maintain open and effective crisis communication and risk reduction mechanisms, as a means to reduce the risk of misunderstanding and ultimately, conflict.

SEC. 6032. Strategy to enhance deterrence over a cross-Strait conflict.

(a) In general.—No later than 90 days after the date of enactment of this Act, the President shall submit to the appropriate congressional committees a whole-of-government strategy to enhance deterrence over a cross-Strait military conflict between the PRC and Taiwan.

(b) Matters To be included.—The strategy shall include:

(1) A comprehensive review of existing diplomatic, economic, and military tools to establish deterrence over a cross-Strait conflict and an assessment of their efficacy.

(2) An examination of the present and future capabilities of the United States and Taiwan to respond to the potential PLA campaigns against Taiwan in 5, 10, and 15 years. The analysis shall include an assessment of the progress Taiwan has made in developing the cost-effective and resilient capabilities needed to respond to its strategic environment, as well as any additional personnel, procurement, or training reforms required.

(3) An evaluation of the feasibility of expanding coordination with U.S. allies and partners to enhance deterrence over a cross-Strait conflict. The review shall include, but is not limited to, a review of the following matters:

(A) Expanding coordination of public or private messaging on deterrence vis-à-vis Taiwan.

(B) Coordinating use of economic tools to raise the costs of PRC military action that could precipitate a cross-Strait conflict.

(C) Enhancing co-development and co-deployment of military capabilities related to deterrence over a cross-Strait conflict, or enhancing coordinated training of Taiwan’s military forces.

(4) Recommendations on significant additional diplomatic, economic, and military steps available to the U.S. Government, unilaterally and in concert with U.S. allies and partners, to enhance the clarity and credibility of deterrence over a cross-Strait conflict.

(5) A description of any additional resources or authorities needed to implement the recommendations identified in paragraph (5).

(c) Form of report.—The strategy required in subsection (b) shall be classified, but it may include an unclassified annex, if determined appropriate by the President.

(d) Consultation.—No later than 90 days after the date of enactment of this Act, and not less frequently than every 180 days thereafter for seven years, the President or his or her designee, as well as representatives from the agencies and departments involved in developing the strategy required in paragraph (a) shall consult with the appropriate congressional committees regarding the development and implementation of the strategy required in this section. The representatives shall be at the Undersecretary level or above.

SEC. 6033. Strengthening Taiwan’s civilian defense professionals.

(a) In general.—No later than 180 days following enactment of this Act, the Secretary of State, in consultation with the Secretary of Defense, shall present to the appropriate congressional committees a plan for strengthening the community of civilian defense professionals in Taiwan, facilitated through the American Institute in Taiwan as appropriate.

(b) Matters To be included.—The report shall include the following:

(1) A comprehensive review of existing U.S. Government and non-U.S. Government programmatic and funding modalities to support Taiwan’s civilian defense professionals in pursuing professional development, educational, and cultural exchanges in the United States. The review shall include, but is not limited to—

(A) opportunities through U.S. Department of State-supported programs, such as the International Visitor Leaders Program; and

(B) opportunities offered through non-governmental institutions, such as think tanks, to the extent the review can practicably make such an assessment.

(2) A description of the frequency that civilian defense professionals from Taiwan pursue or are selected for the programs reviewed in paragraph (1).

(3) An analysis of any funding, policy, administrative, or other barriers preventing greater participation from Taiwan’s civilian defense professionals in the opportunities identified in paragraph (1).

(4) An evaluation of the value expanding the opportunities reviewed in paragraph (1) would offer for strengthening Taiwan’s existing civilian defense community, and for increasing the perceived value of the field for young professionals in Taiwan.

(5) 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 paragraph (1).

(6) A description of additional resources and authorities that may be required to execute the options in paragraph (5).

(c) Form of report.—The report required in subsection (a) shall be unclassified, but it may include a classified annex, if determined appropriate.

SEC. 6101. Short title.

This title may be cited as the “Libya Stabilization Act”.

SEC. 6102. Statement of policy.

It is the policy of the United States—

(1) to advance a peaceful resolution to the conflict in Libya through a United Nations-facilitated Libyan-led and Libyan-owned political process as the best way to secure United States interests and to ensure the sovereignty, independence, territorial integrity, and national unity of Libya;

(2) to engage regularly at the senior-most levels in support of the continued observance of the ceasefire in Libya, the fair and transparent allocation of Libya’s resources, the reunification of security and economic institutions, and agreement among Libyans on a consensual constitutional basis that would lead to credible presidential and parliamentary elections as soon as possible;

(3) to support the implementation of United Nations Security Council Resolutions 1970 (2011) and 1973 (2011), which established an arms embargo on Libya, and subsequent resolutions modifying and extending the embargo;

(4) to enforce Executive Order 13726 (81 Fed. Reg. 23559; relating to blocking property and suspending entry into the United States of persons contributing to the situation in Libya (April 19, 2016)), designed to target individuals or entities who “threaten the peace, security, and stability of Libya”;

(5) to oppose attacks on civilians, medical workers, and critical infrastructure, including water supplies, in Libya, and to support accountability for those engaged in such heinous actions;

(6) to support Libya’s sovereignty, independence, territorial integrity, and national unity consistent with United Nations Security Council Resolution 2510 (2020) and all predecessor resolutions with respect to Libya, including by—

(A) taking action to end the violence and flow of arms;

(B) rejecting attempts by any party to illicitly export Libya’s oil; and

(7) to engage in diplomacy to convince parties to conflict and political dispute in Libya to support the continuity of the October 2020 ceasefire and persuade foreign powers to withdraw personnel, including mercenaries, weapons, and financing that may reignite or exacerbate conflict;

(8) to support political dialogue among Libyans and advance an inclusive Libyan-led and Libyan-owned political process;

(9) to support the nearly 2.8 million Libyans who registered to vote;

(10) to help protect Libya’s civilian population and implementing humanitarian and international organizations from the risk of harm resulting from explosive hazards such as landmines, improvised explosive devices (IEDs), and unexploded ordnance (UXO);

(11) to support constant, unimpeded, and reliable humanitarian access to those in need and to hold accountable those who impede or threaten the delivery of humanitarian assistance;

(12) to seek to bring an end to severe forms of trafficking in persons such as slavery, forced labor, and sexual exploitation, including with respect to migrants;

(13) to advocate for the immediate release and safe evacuations of detained refugees and migrants trapped by the fighting in Libya;

(14) to encourage implementation of UNSMIL’s plan for the organized and gradual closure of migrant detention centers in Libya;

(15) to support greater defense institutional capacity building after a comprehensive political settlement;

(16) to discourage all parties from heightening tensions in Libya and its environs, through unhelpful and provocative actions.

(17) to support current and future democratic development and economic recovery of Libya both during and after a negotiated peaceful political solution, pursuant to Libya’s status as a Global Fragility Act partner state; and

(18) to partner with various U.S. government agencies, multilateral organizations, and local partners to strengthen security, prosperity, and stability in Libya, pursuant to Libya’s status as a Global Fragility Act partner state.

SEC. 6111. Report on activities of certain foreign governments and actors in Libya.

(a) In general.—Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of the Treasury and the Director of National Intelligence, should submit to the appropriate congressional committees a report that includes—

(1) a description of the full extent of involvement in Libya by foreign governments, including the Governments of Russia, Turkey, the United Arab Emirates, Egypt, Sudan, Chad, China, Saudi Arabia, and Qatar, including—

(A) a description of which governments have conducted or facilitated drone and aircraft strikes in Libya since April 2019 not related to efforts to combat Al Qaeda, the Islamic State, or affiliated entities;

(B) a list of the types and estimated amounts of equipment transferred since April 2019 by each government described in this paragraph to the parties to conflict in Libya, including foreign military contractors, mercenaries, or paramilitary forces operating in Libya;

(C) an estimate of the financial support provided since April 2019 by each government described in this paragraph to the parties to conflict in Libya, including foreign military contractors, mercenaries, or paramilitary forces operating in Libya; and

(D) a description of the activities of any regular, irregular, or paramilitary forces, including foreign military contractors, mercenary groups, and militias operating inside Libya, at the direction or with the consent of the governments described in this paragraph;

(2) an analysis of whether the actions by the governments described in paragraph (1)—

(A) violate the arms embargo on Libya established under United Nations Security Council Resolution 1970 (2011) as reaffirmed by subsequent Security Council resolutions;

(B) may contribute to violations of international humanitarian law; or

(3) a description of United States diplomatic engagement with any governments found to be in violation of the arms embargo regarding strengthened implementation of the embargo;

(4) a list of the specific offending materiel, training, or financial support transfers provided by a government described in paragraph (1) that violate the arms embargo on Libya under United Nations Security Council Resolution 2571 (2021) and predecessor Security Council resolutions;

(5) an analysis of the activities of foreign armed groups, including the Russian Wagner Group, military contractors and mercenaries employed or engaged by the governments of Turkey and the United Arab Emirates, affiliates of the Islamic State (ISIS), al-Qaida in the Islamic Maghreb (AQIM), and other extremist groups, in Libya;

(6) a discussion of whether and to what extent conflict or instability in Libya is enabling the recruitment and training efforts of armed groups, including affiliates of ISIS, AQIM, and other extremist groups;

(7) a description of efforts by the European Union, North Atlantic Treaty Organization (NATO), and the Arab League, and their respective member states, to implement and enforce the arms embargo and maintain a sustainable ceasefire;

(8) a description of any violations of the arms embargo by European Union member states; and

(9) a description of United States diplomatic engagement with the European Union, NATO, and the Arab League regarding implementation and enforcement of the United Nations arms embargo, ceasefire monitoring, and election support.

(b) Form.—The report required by 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 Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and

(2) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate.

SEC. 6112. Report of Russian activities and objectives in Libya.

(a) Report.—Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of the Treasury and the Secretary of Defense, shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report that contains an assessment of Russian activities and objectives in Libya, including—

(1) an assessment of Russian influence and objectives in Libya;

(2) the potential threat such activities pose to the United States, southern Europe, NATO, and partners in the Mediterranean Sea and North African region;

(3) the direct role of Russia in Libyan financial affairs, to include issuing and printing currency;

(4) Russia’s use of mercenaries, military contractors, equipment, and paramilitary forces in Libya;

(5) an assessment of sanctions and other policies adopted by United States partners and allies against the Wagner Group and its destabilizing activities in Libya, including sanctions on Yevgeny Prigozhin; and

(6) an identification of foreign companies and persons that have provided transportation, logistical, administrative, air transit, border crossing, or money transfer services to Russian mercenaries or armed forces operating on behalf of the Russian Government in Libya, and an analysis of whether such entities meet the criteria for imposition of sanctions under section 1(a) of Executive Order 13726 (81 Fed. Reg. 23559; relating to blocking property and suspending entry into the United States of persons contributing to the situation in Libya).

(b) Form.—The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex.

SEC. 6113. Determination of sanctionable activities of the Libyan National Army with respect to Syria.

Not later than 180 days after the date of the enactment of this Act, the President shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a list of any members of the Libyan National Army (LNA), and details of their activities, which the President has determined are knowingly responsible for sanctionable offenses pursuant to—

(1) section 7412 of the Caesar Syria Civilian Protection Act of 2019 (22 U.S.C. 8791 note; 133 Stat. 2292); or

(2) Executive Order 13582 (76 Fed. Reg. 52209; relating to blocking property of the Government of Syria and prohibiting certain transactions with respect to Syria (August 17, 2011)).

SEC. 6121. Sanctions with respect to foreign persons leading, directing, or supporting certain foreign government involvement in Libya.

(a) In general.—Not later than 180 days after the date of the enactment of this Act, the President shall impose each of the sanctions described in section 6124 with respect to each foreign person who the President determines knowingly engages in an activity described in subsection (b).

(b) Activities described.—A foreign person engages in an activity described in this subsection if the person leads, directs, or provides significant financial, material, or technological support to, or knowingly engages in a significant transaction with, a non-Libyan foreign person who is—

(1) in Libya in a military or commercial capacity as a military contractor, mercenary, or part of a paramilitary force; and

(2) engaged in significant actions that threaten the peace, security, or stability of Libya.

SEC. 6122. Sanctions with respect to foreign persons threatening the peace or stability of Libya.

(a) Imposition of sanctions.—The President shall impose each of the sanctions described in section 6124 with respect to each foreign person on the list required by subsection (b).

(b) List.—Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of—

(1) foreign persons, including senior government officials, militia leaders, paramilitary leaders, and other persons who provide significant support to militia or paramilitary groups in Libya, that the President determines are knowingly—

(A) engaged in significant actions or policies that threaten the peace, security, or stability of Libya, including any supply of significant arms or related materiel in violation of a United Nations Security Council resolution on Libya;

(B) engaged in significant actions or policies that obstruct, undermine, delay, or impede, or pose a significant risk of obstructing, undermining, delaying, or impeding the United Nations-mediated political processes that seek a negotiated and peaceful solution to the Libyan crisis, including a consensual constitutional basis that would lead to credible presidential and parliamentary elections as soon as possible and ongoing maintenance of the October 2020 ceasefire;

(C) engaged in significant actions that may lead to or result in the misappropriation of significant state assets of Libya;

(D) involved in the significant illicit exploitation of crude oil or any other natural resources in Libya, including the significant illicit production, disruption of production, refining, brokering, sale, purchase, or export of Libyan oil;

(E) significantly threatening or coercing Libyan state financial institutions or disrupting the operations of the Libyan National Oil Company; or

(F) significantly responsible for actions or policies that are intended to undermine efforts to maintain peace and promote stabilization and economic recovery in Libya;

(2) foreign persons who the President determines are successor entities to persons designated for engaging in activities described in subparagraphs (A) through (F) of paragraph (1); and

(c) Updates of list.—The President shall submit to the appropriate congressional committees an updated list under subsection (b)—

(1) not later than 180 days after the date of the enactment of this Act and annually thereafter for a period of 5 years; or

(2) as new information becomes available.

(d) Form.—The list required by subsection (b) shall be submitted in unclassified form, but may include a classified annex.

(e) 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. 6123. Sanctions with respect to foreign persons who are responsible for or complicit in gross violations of internationally recognized human rights committed in Libya.

(a) Imposition of sanctions.—The President may impose 5 out of the 12 sanctions described in section 235 of Countering America’s Adversaries Through Sanctions Act (Public Law 115–44) with respect to each foreign person on the list required by subsection (b).

(b) List of persons.—

(1) 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 list of senior foreign persons, including senior government officials, militia leaders, para-military leaders, and other persons who provide significant support to militia or paramilitary groups in Libya, that the President determines are each knowingly responsible for or complicit in, or have directly or in- directly engaged in, on or after the date of enactment gross violations of internationally recognized human rights committed in Libya.

(2) UPDATES OF LIST.—The President shall submit to the appropriate congressional committees an updated list under paragraph (1)—

(A) not later than 180 days after the date of the enactment of this Act and annually thereafter for a period of 5 years; or

(B) as new information becomes available.

(3) FORM.—The list required by 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—

(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. 6124. Sanctions described.

(a) Sanctions described.—The sanctions described in this section are the following:

(1) BLOCKING OF PROPERTY.—The President may exercise all of the powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (except that the requirements of section 202 of such Act (50 U.S.C. 1701) shall not apply) to the extent necessary to block and prohibit all transactions in property and interests in property of the 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) INADMISSIBILITY OF CERTAIN INDIVIDUALS.—

(A) INELIGIBILITY FOR VISAS, ADMISSION,OR PAROLE.—A foreign person who is an individual and who meets any of the criteria described section 6121 or 6122 may be determined by the Secretary of State to be—

(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.—A foreign person who is an individual and who meets any of the criteria described section 6121 or 6122 may be subject to the following:

(i) Revocation of any visa or other entry documentation by the Secretary of State regardless of when the visa or other entry documentation is or was issued.

(ii) A revocation under clause (i) shall—

(I) take effect immediately in accordance with section 221(i) of the Immigration and Nationality Act, (8 U.S.C. 1201(i)); and

(II) cancel any other valid visa or entry documentation that is in the foreign person’s possession.

(b) 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 who violates, attempts to violate, conspires to violate, or causes a violation of regulations issued under section 6126(2) of this title to carry out subsection (a)(1) to the same extent that such penalties apply to a person who commits an unlawful act described in section 206(a) of the International Emergency Economic Powers Act.

(c) Exception.—Sanctions under subsection (a)(2) shall not apply to 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 of the United States.

(d) Exception to comply with national security.—The following activities shall be exempt from sanctions under this section:

(1) Activities subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.).

(2) Any authorized intelligence or law enforcement activities of the United States.

SEC. 6125. Waiver.

(a) In general.—The Secretary of State may waive, for one or more periods not to exceed 90 days, the application of sanctions imposed on a foreign person under this subtitle if the President—

(1) determines and reports to Congress that such a waiver is in the national security interest of the United States; and

(2) thereafter submits to the appropriate congressional committees a justification for such waiver.

(b) 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. 6126. Implementation and regulatory authority.

The President—

(1) is authorized to 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 title; and

(2) shall issue such regulations, licenses, and orders as are necessary to carry out this title.

SEC. 6127. 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.

SEC. 6128. Definitions.

In this subtitle:

(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) FOREIGN PERSON.—The term “foreign person” means an individual or entity who is not a United States person.

(3) FOREIGN GOVERNMENT.—The term “foreign government” means any government of a country other than the United States.

(4) 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.

(5) UNITED STATES PERSON.—The term “United States person” means—

(A) an individual who is 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

(6) GROSS VIOLATIONS OF INTERNATIONALLY RECOGNIZED HUMAN RIGHTS.—The term “gross vio- lations of internationally recognized human rights” has the meaning given such term in section 502B(d)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(d)(1)).

SEC. 6129. Suspension of sanctions.

(a) In general.—The President may suspend in whole or in part the imposition of sanctions otherwise required under this subtitle for periods not to exceed 90 days if the President determines that the parties to the conflict in Libya have agreed to and are upholding a sustainable, good-faith ceasefire in support of a lasting political solution in Libya.

(b) Notification required.—Not later than 30 days after the date on which the President makes a determination to suspend the imposition of sanctions as described in subsection (a), the President shall submit to the appropriate congressional committees a notification of the determination.

(c) Reimposition of sanctions.—Any sanctions suspended under subsection (a) shall be reimposed if the President determines that the criteria described in that subsection are no longer being met.

SEC. 6130. Sunset.

The requirement to impose sanctions under this subtitle shall cease to be effective on December 31, 2026.

SEC. 6131. Humanitarian relief for the people of Libya and international refugees and migrants in Libya.

(a) Sense of congress.—It is the sense of Congress that—

(1) the United States Government should, including in alignment with Libya’s status inclusion in the U.S. Global Fragility Act Strategy—

(A) continue senior-level efforts to address humanitarian needs in Libya, which has been exacerbated by conflict and the COVID-19 pandemic;

(B) engage diplomatically with Libyan entities to guarantee constant, reliable humanitarian access by frontline providers in Libya;

(C) engage diplomatically with the Libyan entities, the United Nations, and the European Union to encourage the voluntary safe passage of detained vulnerable migrants and refugees from the conflict zones in Libya; and

(D) support efforts to document and publicize gross violations of internationally recognized human rights and international humanitarian law, including efforts related to severe forms of trafficking in persons such as slavery, forced labor, and sexual exploitation, and hold perpetrators accountable; and

(2) deliver humanitarian assistance targeted toward those most in need and delivered through partners that uphold internationally recognized humanitarian principles, with robust monitoring to ensure assistance is reaching intended beneficiaries.

(b) Assistance authorized.—The Administrator of the United States Agency for International Development, in coordination with the Secretary of State, should continue to support humanitarian assistance to individuals and communities in Libya, including—

(1) health assistance, including logistical and technical assistance to hospitals, ambulances, and health clinics in affected communities, including migrant communities, and provision of basic public health commodities, including support for an effective response to the COVID-19 pandemic;

(2) services, such as medicines and medical supplies and equipment;

(3) assistance to provide—

(A) protection, food, and shelter, including to migrant communities;

(B) water, sanitation, and hygiene (commonly referred to as “WASH”); and

(C) resources and training to increase communications and education to help communities slow the spread of COVID-19 and to increase vaccine acceptance; and

(4) technical assistance to ensure health, food, and commodities are appropriately selected, procured, targeted, monitored, and distributed.

(c) Strategy.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall submit to the appropriate congressional committees a strategy on the following:

(1) How the United States, working with relevant foreign governments and multilateral organizations, plans to address the humanitarian situation in Libya.

(2) Diplomatic efforts by the United States to encourage strategic burden-sharing and the coordination of donations with international donors, including foreign governments and multilateral organizations to advance the provision of humanitarian assistance to the people of Libya and international migrants and refugees in Libya.

(3) How to address humanitarian access challenges and ensure protection for vulnerable refugees and migrants, including protection from severe forms of trafficking in persons such as slavery, forced labor, and sexual exploitation.

(4) How the United States is mitigating risk, utilizing third party monitors, and ensuring effective delivery of assistance.

(5) How to address the tragic and persistent deaths of migrants and refugees at sea and human trafficking.

(d) Integration of department of state-led stabilization efforts.—

(1) SENSE OF CONGRESS.—It is the sense of Congress that the Secretary of State, working with United States allies, international organizations, and implementing partners, including local implementing partners, to the extent practicable, should continue coordinated international stabilization efforts in Libya to—

(A) build up the capacity of implementers and national mine action authorities engaged in conventional weapons destruction efforts and mine risk education training and programs; and

(B) conduct operational clearance of explosive remnants of war resulting from the 2011 revolution and current military conflict in Libya, including in territory previously occupied by ISIS-Libya, and particularly in areas where unexploded ordnance, booby traps, and anti-personnel and anti-vehicle mines contaminate areas of critical infrastructure and large housing districts posing a risk of civilian casualties.

(2) IN GENERAL.—To the maximum extent practicable, humanitarian assistance authorized under subsection (b) and the strategy required by subsection (c) shall take into account and integrate Department of State-led stabilization efforts—

(A) to address—

(i) contamination from landmines and other explosive remnants of war left from the 2011 revolution and current military conflict in Libya, including in territory previously occupied by ISIS-Libya; and

(ii) proliferation of illicit small arms and light weapons resulting from such conflict and the destabilizing impact the proliferation of such weapons has in Libya and neighboring countries; and

(B) to mitigate the threat that destruction of conventional weapons poses to development, the delivery of humanitarian assistance, and the safe and secure return of internally displaced persons.

(e) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and

(2) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.

SEC. 6132. Support for democratic governance, elections, and civil society.

(a) In general.—The Secretary of State should coordinate United States Government efforts to—

(1) work with the United Nations Support Mission in Libya and transitional authorities in Libya to prepare for national elections, as called for by the Libyan Political Dialogue, and a subsequent political transition;

(2) support efforts to resolve the current civil conflict in Libya;

(3) work to help the people of Libya and a future Libyan government develop functioning, unified Libyan economic, security, and governing institutions;

(4) work to ensure free, fair, inclusive, and credible elections organized by an independent and effective High National Elections Commission in Libya, including through supporting electoral security and international election observation and by providing training and technical assistance to institutions with election-related responsibilities, as appropriate;

(5) work with the people of Libya, nongovernmental organizations, and Libya institutions to strengthen democratic governance, reinforce civilian institutions and support decentralization, in line with relevant Libyan laws and regulations, in order to address community grievances, promote social cohesion, mitigate drivers of violent extremism, and help communities recover from Islamic State occupation;

(6) defend against gross violations of internationally recognized human rights in Libya, including by supporting efforts to document such violations;

(7) to combat corruption and improve the transparency and accountability of Libyan government institutions; and

(8) to support the efforts of independent media outlets to broadcast, distribute, and share information with the Libyan people.

(b) Risk mitigation and assistance monitoring.—The Secretary of State and Administrator of the United States Agency for International Development should ensure that appropriate steps are taken to mitigate risk of diversion of assistance for Libya and ensure reliable third-party monitoring is utilized for projects in Libya that United States Government personnel are unable to access and monitor.

(1) IN GENERAL.—Not later than 180 days after enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, should submit to the appropriate congressional committees a report on the activities carried out under subsection (a).

(2) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this subsection, the term “appropriate congressional committees” means—

(A) the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Appropriations of the House of Representatives; and

(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.

(d) Authorization of appropriations.—

(1) IN GENERAL.—There are authorized to be appropriated $30,000,000 for fiscal year 2022 to carry out subsection (a).

(2) NOTIFICATION REQUIREMENTS.—Any expenditure of amounts made available to carry out subsection (a) shall be subject to the notification requirements applicable to—

(A) expenditures from the Economic Support Fund under section 531(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2346(c)); and

(B) expenditures from the Development Assistance Fund under section 653(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 16 2413(a)).

SEC. 6133. Engaging international financial institutions to advance Libyan economic recovery and improve public sector financial management.

(a) In general.—The Secretary of the Treasury should instruct the United States Executive Director at each international financial institution to use the voice, vote, and influence of the United States to support, in a way that is consistent with broader United States national interests, a Libyan-led process to develop a framework for the economic recovery of Libya and improved public sector financial management, complementary to United Nations-led peace efforts and in support of democratic institutions and the rule of law in Libya.

(b) Additional elements.—To the extent consistent with broader United States national interests, the framework described in subsection (a) should include the following policy proposals:

(1) To restore, respect, and safeguard the integrity, unity, and lawful governance of Libya’s key economic ministries and institutions, in particular the Central Bank of Libya, the Libya Investment Authority, the National Oi Corporation, and the Audit Bureau (AB).

(2) To improve the accountability and effectiveness of Libyan authorities, including sovereign economic institutions, in providing services and opportunity to the Libyan people.

(3) To assist in improving public financial management and reconciling the public accounts of national financial institutions and letters of credit issued by private Libyan financial institutions as needed pursuant to a political process.

(4) To restore the production, efficient management, and development of Libya’s oil and gas industries so such industries are resilient against disruption, including malign foreign influence, and can generate prosperity on behalf of the Libyan people.

(5) To promote the development of private sector enterprise.

(6) To improve the transparency and accountability of public sector employment and wage distribution.

(7) To strengthen supervision of and reform of Libyan financial institutions.

(8) To eliminate exploitation of price controls and market distorting subsidies in the Libyan economy.

(9) To support opportunities for United States businesses.

(c) Consultation.—In supporting the framework described in subsection (a), the Secretary of the Treasury should instruct the United States Executive Director at each international financial institution to encourage the institution to consult with relevant stakeholders in the financial, governance, and energy sectors.

(d) Definition of international financial institution.—In this section, the term “international financial institution” means the International Monetary Fund, International Bank for Reconstruction and Development, European Bank for Reconstruction and Development, International Development Association, International Finance Corporation, Multilateral Investment Guarantee Agency, African Development Bank, African Development Fund, Asian Development Bank, Inter-American Development Bank, Bank for Economic Cooperation and Development in the Middle East and North Africa, and Inter-American Investment Corporation.

(e) Termination.—The requirements of this section shall cease to be effective on December 31, 2026.

SEC. 6134. Recovering assets stolen from the Libyan people.

(a) Sense of congress.—It is the sense of Congress that the Secretary of State, the Secretary of the Treasury, and the Attorney General should, to the extent practicable, advance a coordinated international effort—

(1) to carry out special financial investigations to identify and track assets taken from the people and institutions of Libya through theft, corruption, money laundering, or other illicit means; and

(2) to work with foreign governments—

(A) to share financial investigations intelligence, as appropriate;

(B) to oversee the assets identified pursuant to paragraph (1); and

(C) to provide technical assistance to help governments establish the necessary legal framework to carry out asset forfeitures.

(b) Additional elements.—The coordinated international effort described in subsection (a) should include input from—

(1) the Office of Terrorist Financing and Financial Crimes of the Department of the Treasury;

(2) the Financial Crimes Enforcement Network of the Department of the Treasury; and

(3) the Money Laundering and Asset Recovery Section of the Department of Justice.

SEC. 6135. Authority to expand educational and cultural exchange programs with Libya.

(a) Sense of congress.—It is the sense of Congress that the United States should expand educational and cultural exchange programs with Libya to promote mutual understanding and people-to-people linkages between the United States and Libya.

(b) Authority.—The President is authorized to expand educational and cultural exchange programs with Libya, including programs carried out under the following:

(1) The J. William Fulbright Educational Exchange Program referred to in paragraph (1) of section 112(a) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2460(a)).

(2) The International Visitors Program referred to in paragraph (3) of such section.

(3) The U.S.–Middle East Partnership Initiative (MEPI) Student Leaders Program.

(4) The Youth Exchange and Study Program.

(5) Other related programs administered by the Department of State.

SEC. 6251. Short title.

This title may be cited as the “District of Columbia National Guard Home Rule Act”.

SEC. 6252. Extension of National Guard authorities to Mayor of the District of Columbia.

(a) Mayor as Commander-in-Chief.—Section 6 of the Act entitled “An Act to provide for the organization of the militia of the District of Columbia, and for other purposes”, approved March 1, 1889 (sec. 49–409, D.C. Official Code), is amended by striking “President of the United States” and inserting “Mayor of the District of Columbia”.

(b) Reserve corps.—Section 72 of such Act (sec. 49–407, D.C. Official Code) is amended by striking “President of the United States” each place it appears and inserting “Mayor of the District of Columbia”.

(A) by striking “President of the United States” and inserting “Mayor of the District of Columbia”; and

(B) by striking “President.” and inserting “Mayor.”.

(2) Section 9 of such Act (sec. 49–304, D.C. Official Code) is amended by striking “President” and inserting “Mayor of the District of Columbia”.

(3) Section 13 of such Act (sec. 49–305, D.C. Official Code) is amended by striking “President of the United States” and inserting “Mayor of the District of Columbia”.

(4) Section 19 of such Act (sec. 49–311, D.C. Official Code) is amended—

(A) in subsection (a), by striking “to the Secretary of the Army” and all that follows through “which board” and inserting “to a board of examination appointed by the Commanding General, which”; and

(B) in subsection (b), by striking “the Secretary of the Army” and all that follows through the period and inserting “the Mayor of the District of Columbia, together with any recommendations of the Commanding General.”.

(5) Section 20 of such Act (sec. 49–312, D.C. Official Code) is amended—

(A) by striking “President of the United States” each place it appears and inserting “Mayor of the District of Columbia”; and

(B) by striking “the President may retire” and inserting “the Mayor may retire”.

(d) Call for duty.— (1) Section 45 of such Act (sec. 49–103, D.C. Official Code) is amended by striking “, or for the United States Marshal” and all that follows through “shall thereupon order” and inserting “to order”.

(2) Section 46 of such Act (sec. 49–104, D.C. Official Code) is amended by striking “the President” and inserting “the Mayor of the District of Columbia”.

(e) General courts martial.—Section 51 of such Act (sec. 49–503, D.C. Official Code) is amended by striking “the President of the United States” and inserting “the Mayor of the District of Columbia”.

SEC. 6253. CONFORMING AMENDMENTS TO TITLE 10, UNITED STATES CODE.

(a) Failure To satisfactorily perform prescribed training.—Section 10148(b) of title 10, United States Code, is amended by striking “the commanding general of the District of Columbia National Guard” and inserting “the Mayor of the District of Columbia”.

(b) Appointment of chief of National Guard bureau.—Section 10502(a)(1) of such title is amended by striking “the commanding general of the District of Columbia National Guard” and inserting “the Mayor of the District of Columbia”.

(c) Vice chief of National Guard bureau.—Section 10505(a)(1)(A) of such title is amended by striking “the commanding general of the District of Columbia National Guard” and inserting “the Mayor of the District of Columbia”.

(d) Other senior National Guard bureau officers.—Section 10506(a)(1) of such title is amended by striking “the commanding general of the District of Columbia National Guard” both places it appears and inserting “the Mayor of the District of Columbia”.

(e) Consent for active duty or relocation.— (1) Section 12301 of such title is amended—

(A) in subsection (b), by striking “commanding general of the District of Columbia National Guard” in the second sentence and inserting “Mayor of the District of Columbia”; and

(B) in subsection (d), by striking the period at the end and inserting the following: “, or, in the case of the District of Columbia National Guard, the Mayor of the District of Columbia.”.

(2) Section 12406 of such title is amended by striking “the commanding general of the National Guard of the District of Columbia” and inserting “the Mayor of the District of Columbia”.

(f) Consent for relocation of units.—Section 18238 of such title is amended by striking “the commanding general of the National Guard of the District of Columbia” and inserting “the Mayor of the District of Columbia”.

SEC. 6254. CONFORMING AMENDMENTS TO TITLE 32, UNITED STATES CODE.

(a) Maintenance of other troops.—Section 109(c) of title 32, United States Code, is amended by striking “(or commanding general in the case of the District of Columbia)”.

(b) Drug interdiction and Counter-Drug activities.—Section 112(h)(2) of such title is amended by striking “the Commanding General of the National Guard of the District of Columbia” and inserting “the Mayor of the District of Columbia”.

“(e) Inclusion of District of Columbia.—In this section, the term ‘State’ includes the District of Columbia.”.

(d) Appointment of Adjutant General.—Section 314 of such title is amended—

(1) by striking subsection (b);

(2) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively; and

(3) in subsection (b) (as so redesignated), by striking “the commanding general of the District of Columbia National Guard” and inserting “the Mayor of the District of Columbia,”.

(e) Relief from National Guard duty.—Section 325(a)(2)(B) of such title is amended by striking “commanding general of the District of Columbia National Guard” and inserting “the Mayor of the District of Columbia”.

(f) Authority To order To perform Active Guard and Reserve duty.—

(1) AUTHORITY.—Subsection (a) of section 328 of such title is amended by striking “the commanding general of the District of Columbia National Guard” and inserting “the Mayor of the District of Columbia”.

(2) CLERICAL AMENDMENTS.—

(A) SECTION HEADING.—The heading of such section is amended to read as follows:

“§ 328. Active Guard and Reserve duty: authority of chief executive”.

(B) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 3 of such title is amended by striking the item relating to section 328 and inserting the following new item:

“328. Active Guard and Reserve duty: authority of chief executive.”.

(g) Personnel matters.—Section 505 of such title is amended by striking “commanding general of the National Guard of the District of Columbia” in the first sentence and inserting “Mayor of the District of Columbia”.

(h) National Guard challenge program.—Section 509 of such title is amended—

(1) in subsection (c)(1), by striking “the commanding general of the District of Columbia National Guard, under which the Governor or the commanding general” and inserting “the Mayor of the District of Columbia, under which the Governor or the Mayor”;

(2) in subsection (g)(2), by striking “the commanding general of the District of Columbia National Guard” and inserting “the Mayor of the District of Columbia”;

(3) in subsection (j), by striking “the commanding general of the District of Columbia National Guard” and inserting “the Mayor of the District of Columbia”; and

(4) in subsection (k), by striking “the commanding general of the District of Columbia National Guard” and inserting “the Mayor of the District of Columbia”.

(i) Issuance of supplies.—Section 702(a) of such title is amended by striking “commanding general of the National Guard of the District of Columbia” and inserting “Mayor of the District of Columbia”.

(j) Appointment of fiscal officer.—Section 708(a) of such title is amended by striking “commanding general of the National Guard of the District of Columbia” and inserting “Mayor of the District of Columbia”.

SEC. 6255. Conforming amendment to the District of Columbia Home Rule Act.

Section 602(b) of the District of Columbia Home Rule Act (sec. 1–206.02(b), D.C. Official Code) is amended by striking “the National Guard of the District of Columbia,”.

SEC. 6301. Definitions.

In this title:

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—

(A) the Committee on Foreign Relations of the Senate;

(B) the Committee on Appropriations of the Senate;

(D) the Committee on Appropriations of the House of Representatives.

(2) COMMERCIAL TRADE IN LIVE WILDLIFE.—The term “commercial trade in live wildlife”—

(A) means commercial trade in live wildlife for human consumption as food or medicine, whether the animals originated in the wild or in a captive environment; and

(B) does not include—

(i) fish;

(ii) invertebrates;

(iii) amphibians and reptiles; and

(iv) the meat of ruminant game species—

(I) traded in markets in countries with effective implementation and enforcement of scientifically based, nationally implemented policies and legislation for processing, trans-port, trade, and marketing; and

(II) sold after being slaughtered and processed under sanitary conditions.

(3) ONE HEALTH.—The term “One Health” means a collaborative, multi-sectoral, and transdisciplinary approach working at the local, regional, national, and global levels with the goal of achieving optimal health outcomes that recognizes the interconnection between—

(A) people, animals, both wild and domestic, and plants; and

(B) the environment shared by such people, animals, and plants.

(4) WILDLIFE MARKET.—The term “wildlife market”—

(A) means a commercial market or subsection of a commercial market—

(i) where live mammalian or avian wildlife is held, slaughtered, or sold for human consumption as food or medicine whether the animals originated in the wild or in a captive environment; and

(ii) that delivers a product in communities where alternative nutritional or protein sources are readily available and affordable; and

(B) does not include—

(i) markets in areas where no other practical alternative sources of protein or meat exists, such as wildlife markets in rural areas on which indigenous people and rural local communities rely to feed them-selves and their families; and

(ii) processors of dead wild game and fish.

SEC. 6302. Country-driven approach to end the commercial trade in live wildlife and associated wildlife markets.

(a) In general.—Not later than 120 days after the completion of the first report required under section 6305, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the heads of other relevant Federal departments and agencies, including the Centers for Disease Control and Prevention, the Secretary of Agriculture, and the Secretary of the Interior, and after consideration of the results of best available scientific findings of practices and behaviors occurring at the source of zoonoses spillover and spread, shall publicly release a list of countries the governments of which express willingness to end the domestic and international commercial trade in live wildlife and associated wildlife markets for human consumption, as defined for purposes of this title—

(1) immediately;

(2) after a transitional period; and

(3) aspirationally, over a long-term period.

(b) Global health security zoonosis plans.—The Secretary of State and the Administrator of the United States Agency for International Development shall work bilaterally with the governments of the countries listed pursuant to subsection (a) to establish Global Health Security Zoonoses Plans that—

(1) outline actions to address novel pathogens of zoonotic origin that have the potential to become epidemics or pandemics;

(2) identify incentives and strengthened policies; and

(3) provide technical support to communities, policy makers, civil society, law enforcement, and other stakeholders to—

(A) end the domestic and international commercial trade in live wildlife and associated wildlife markets for human consumption immediately, during a transitional period, or aspirationally; and

(B) improve the biosecurity and sanitation conditions in markets.

(c) Updates.—The list of countries required by subsection (a), the corresponding Global Health Security Zoonosis plans established pursuant to subsection (b), and any actions taken under such plans to end the commercial trade in live wildlife and associated wildlife markets for human consumption immediately, during a transitional period, or aspirationally, shall be reviewed, updated, and publicly released annually by the Secretary and Administrator, following review of the most recent scientific data.

SEC. 6303. Sense of Congress.

It is the sense of Congress that global institutions, including the Food and Agriculture Organization of the United Nations, the World Organisation for Animal Health, the World Health Organization, and the United Nations Environment Programme, together with leading intergovernmental and nongovernmental organizations, veterinary and medical colleges, the Department of State, and the United States Agency for International Development, should—

(1) promote the paradigm of One Health as an effective and integrated way to address the complexity of emerging disease threats; and

(2) support improved community health, biodiversity conservation, forest conservation and management, sustainable agriculture, and the safety of livestock, domestic animals, and wildlife in developing countries, particularly in tropical landscapes where there is an elevated risk of zoonotic disease spill over.

SEC. 6304. Statement of policy.

It is the policy of the United States to—

(1) support the availability of scalable and sustainable alternative sources of protein and nutrition for local communities, where appropriate, in order to minimize human reliance on the commercial trade in live wildlife for human consumption;

(2) support foreign governments to—

(A) reduce commercial trade in live wildlife for human consumption;

(B) transition from the commercial trade in live wildlife for human consumption to sustainably produced alternate protein and nutritional sources;

(C) establish and effectively manage and protect natural habitat, including protected and conserved areas and the lands of Indigenous peoples and local communities, particularly in countries with tropical forest hotspots for emerging diseases;

(D) strengthen veterinary and agricultural extension capacity to improve sanitation along the value chain and biosecurity of live animal markets; and

(E) strengthen public health capacity, particularly in countries where there is a high risk of emerging zoonotic viruses and other infectious diseases;

(3) respect the rights and needs of indigenous peoples and local communities dependent on such wildlife for nutritional needs and food security; and

(4) facilitate international cooperation by working with international partners through intergovernmental, international, and nongovernmental organizations such as the United Nations to—

(A) lead a resolution at the United Nations Security Council or General Assembly and World Health Assembly outlining the danger to human and animal health from emerging zoonotic infectious diseases, with recommendations for implementing the closure of wildlife markets and prevention of the commercial trade in live wildlife for human consumption, except where the consumption of wildlife is necessary for local food security or where such actions would significantly disrupt a readily available and irreplaceable food supply;

(B) raise awareness and build stakeholder engagement networks, including civil society, the private sector, and local and regional governments on the dangerous potential of wildlife markets as a source of zoonotic diseases and reduce demand for the consumption of wildlife through evidence-based behavior change programs, while ensuring that existing wildlife habitat is not encroached upon or destroyed as part of this process;

(C) encourage and support alternative forms of sustainable food production, farming, and shifts to sustainable sources of protein and nutrition instead of terrestrial wildlife, where able and appropriate, and reduce consumer demand for terrestrial and freshwater wildlife through enhanced local and national food systems, especially in areas where wildlife markets play a significant role in meeting subsistence needs while ensuring that existing wildlife habitat is not encroached upon or destroyed as part of this process; and

(D) strive to increase biosecurity and hygienic standards implemented in farms, gathering centers, transport, and market systems around the globe, especially those specializing in the provision of products intended for human consumption.

SEC. 6305. Prevention of future zoonotic spillover event.

(a) In general.—The Secretary of State and the Administrator of the United States Agency for International Development, in consultation with the Director of the United States Fish and Wildlife Service, the Secretary of Agriculture, the Director of the Centers for Disease Control and Prevention, and the heads of other relevant departments and agencies, shall work with foreign governments, multilateral entities, intergovernmental organizations, international partners, private sector partners, and nongovernmental organizations to carry out activities supporting the following objectives, recognizing that multiple interventions will likely be necessary to make an impact, and that interventions will need to be tailored to the situation to—

(1) pursuant to section 6302, close wildlife markets and prevent associated commercial trade in live wildlife, placing a priority focus on countries with significant markets for live wildlife for human consumption, high-volume commercial trade and associated markets, trade in and across urban centers, and trade for luxury consumption or where there is no dietary necessity—

(A) through existing treaties, conventions, and agreements;

(B) by amending existing protocols or agreements;

(D) by other means of international coordination;

(2) improve regulatory oversight and reduce commercial trade in live wildlife and eliminate practices identified to contribute to zoonotic spillover and emerging pathogens;

(3) prevent commercial trade in live wildlife through programs that combat wildlife trafficking and poaching, including—

(A) providing assistance to improve law enforcement;

(B) detecting and deterring the illegal import, transit, sale, and export of wildlife;

(D) improving information sharing and enhancing capabilities of participating foreign governments;

(E) supporting efforts to change behavior and reduce demand for such wildlife products;

(F) leveraging United States private sector technologies and expertise to scale and enhance enforcement responses to detect and prevent such trade; and

(G) strengthening collaboration with key private sector entities in the transportation industry to prevent and report the transport of such wildlife and wildlife products;

(4) leverage strong United States bilateral relationships to support new and existing inter-Ministerial collaborations or Task Forces that can serve as regional One Health models;

(5) build local agricultural and food safety capacity by leveraging expertise from the United States Department of Agriculture (USDA) and institutions of higher education with agricultural or natural resource expertise;

(6) work through international organizations to help develop a set of objective risk-based metrics that provide a cross-country comparable measure of the level of risk posed by wildlife trade and marketing and can be used to track progress nations make in reducing risks, identify where resources should be focused, and potentially leverage a peer influence effect;

(7) increase efforts to prevent the degradation and fragmentation of forests and other intact ecosystems to minimize interactions between wildlife and human and livestock populations that could contribute to spillover events and zoonotic disease transmission, including by providing assistance or supporting policies to, for example—

(A) conserve, protect, and restore the integrity of such ecosystems;

(B) support the rights and needs of Indigenous People and local communities and their ability to continue their effective stewardship of their traditional lands and territories;

(D) prevent activities that result in the destruction, degradation, fragmentation, or conversion of intact forests and other intact ecosystems and biodiversity strongholds, including by governments, private sector entities, and multilateral development financial institutions;

(8) offer appropriate alternative livelihood and worker training programs and enterprise development to wildlife traders, wildlife breeders, and local communities whose members are engaged in the commercial trade in live wildlife for human consumption;

(9) ensure that the rights of indigenous peoples and local communities are respected and their authority to exercise these rights is protected;

(10) strengthen global capacity for prevention, prediction, and detection of novel and existing zoonoses with pandemic potential, including the support of innovative technologies in coordination with the United States Agency for International Development, the Centers for Disease Control and Prevention, and other relevant departments and agencies; and

(11) support the development of One Health systems at the local, regional, national, and global levels in coordination with the United States Agency for International Development, the Centers for Disease Control and Prevention, and other relevant departments and agencies, particularly in emerging infectious disease hotspots, through a collaborative, multisectoral, and transdisciplinary approach that recognizes the interconnections among people, animals, plants, and their shared environment to achieve equitable and sustainable health outcomes.

(b) Activities may include.—

(1) GLOBAL COOPERATION.—The United States Government, working through the United Nations and its components, as well as international organization such as Interpol, the Food and Agriculture Organization of the United Nations, and the World Organisation for Animal Health, and in furtherance of the policies described in section 6304, shall—

(A) collaborate with other member States, issue declarations, statements, and communiques urging countries to close wildlife markets, and prevent commercial trade in live wildlife for human consumption; and

(B) urge increased enforcement of existing laws to end wildlife trafficking.

(2) INTERNATIONAL COALITIONS.—The Secretary of State shall seek to build new, and support existing, international coalitions focused on closing wildlife markets and preventing commercial trade in live wildlife for human consumption, with a focus on the following efforts:

(A) Providing assistance and advice to other governments in the adoption of legislation and regulations to close wildlife markets and associated trade over such timeframe and in such manner as to minimize the increase of wildlife trafficking and poaching.

(B) Creating economic and enforcement pressure for the immediate shut down of uncontrolled, unsanitary, or illicit wildlife markets and their supply chains to prevent their operation.

(C) Providing assistance and guidance to other governments on measures to prohibit the import, export, and domestic commercial trade in live wildlife for the purpose of human consumption.

(D) Implementing risk reduction interventions and control options to address zoonotic spillover along the supply chain for the wildlife market system.

(E) Engaging and receiving guidance from key stakeholders at the ministerial, local government, and civil society level, including Indigenous Peoples, in countries that will be impacted by this title and where wildlife markets and associated wildlife trade are the predominant source of meat or protein, in order to mitigate the impact of any international efforts on food security, nutrition, local customs, conservation methods, or cultural norms.

(1) SUSTAINABLE FOOD SYSTEMS FUNDING.—

(A) AUTHORIZATION OF APPROPRIATIONS.—In addition to any other amounts provided for such purposes, there is authorized to be appropriated such sums as necessary for each of fiscal years 2023 through 2032 to the United States Agency for International Development to reduce demand for consumption of wildlife from wildlife markets and support shifts to diversified alternative and sustainably produced sources of nutritious food and protein in communities that rely upon the consumption of wildlife for food security, while ensuring that existing wildlife habitat is not encroached upon or destroyed as part of this process, using a multisectoral approach and including support for demonstration programs.

(B) ACTIVITIES.—The Bureau for Development, Democracy and Innovation (DDI), the Bureau for Resilience and Food Security (RFS), and the Bureau for Global Health (GH) of the United States Agency for International Development shall, in partnership with United States and international institutions of higher education and nongovernmental organizations, co-develop approaches focused on safe, sustainable food systems that support and incentivize the replacement of terrestrial wildlife in diets, while ensuring that existing wildlife habitat is not encroached upon or destroyed as part of this process.

(2) ADDRESSING THREATS AND CAUSES OF ZOONOTIC DISEASE OUTBREAKS.—The Administrator of the United States Agency for International Development, in consultation with the Secretary of the Interior, shall increase activities in United States Agency for International Development programs related to conserving biodiversity, combating wildlife trafficking, sustainable landscapes, global health, food security, and resilience in order to address the threats and causes of zoonotic disease outbreaks, including through—

(A) education;

(B) capacity building;

(C) strengthening human, livestock, and wildlife health monitoring systems of pathogens of zoonotic origin to support early detection and reporting of novel and known pathogens for emergence of zoonotic disease and strengthening cross-sectoral collaboration to align risk reduction approaches in consultation with the Director of the Centers for Disease Control and the Secretary of Health and Human Services;

(D) improved domestic and wild animal disease monitoring and control at production and market levels;

(E) development of alternative livelihood opportunities where possible;

(F) preventing degradation and fragmentation of forests and other intact ecosystems and restoring the integrity of such ecosystems, particularly in tropical countries, to prevent the creation of new pathways for zoonotic pathogen transmission that arise from interactions among wildlife, humans, and livestock populations;

(G) minimizing interactions between domestic livestock and wild animals in markets and captive production;

(H) supporting shifts from wildlife markets to diversified, safe, affordable, and accessible alternative sources of protein and nutrition through enhanced local and national food systems while ensuring that existing wildlife habitat is not encroached upon or destroyed as part of this process;

(I) improving community health, forest management practices, and safety of livestock production in tropical landscapes, particularly in hotspots for zoonotic spillover and emerging infectious diseases;

(J) preventing degradation and fragmentation of forests and other intact ecosystems, particularly in tropical countries, to minimize interactions between wildlife, human, and livestock populations that could contribute to spillover events and zoonotic disease transmission, including by providing assistance or supporting policies to—

(i) conserve, protect, and restore the integrity of such ecosystems; and

(ii) support the rights of Indigenous People and local communities and their ability to continue their effective steward ship of their intact traditional lands and territories;

(K) supporting development and use of multi-data sourced predictive models and decisionmaking tools to identify areas of highest probability of zoonotic spillover and to determine cost-effective monitoring and mitigation approaches; and

(L) other relevant activities described in this section that are within the mandate of the United States Agency for International Development.

(d) Staffing requirements.—The Administrator of the United States Agency for International Development, in collaboration with the United States Fish and Wildlife Service, the United States Department of Agriculture Animal and Plant Health Inspection Service, the Centers for Disease Control and Prevention, and other Federal entities as appropriate, is authorized to hire additional personnel—

(1) to undertake programs aimed at reducing the risks of endemic and emerging infectious diseases and exposure to antimicrobial resistant pathogens;

(2) to provide administrative support and resources to ensure effective and efficient coordination of funding opportunities and sharing of expertise from relevant United States Agency for International Development bureaus and programs, including emerging pandemic threats;

(3) to award funding to on-the-ground projects;

(4) to provide project oversight to ensure accountability and transparency in all phases of the award process; and

(5) to undertake additional activities under this title.

(e) Reporting requirements.—

(1) DEPARTMENT OF STATE AND UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT.—

(A) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act, and annually thereafter until 2030, the Secretary of State and the Administrator of the United States Agency for International Development shall submit to the appropriate congressional committees a report—

(i) describing—

(I) the actions taken pursuant to this title and the provision of United States technical assistance;

(II) the impact and effectiveness of international cooperation on shutting down wildlife markets;

(III) partnerships developed with other institutions of higher learning and nongovernmental organizations; and

(IV) the impact and effectiveness of international cooperation on preventing the import, export, and domestic commercial trade in live wildlife for the purpose of human use as food or medicine, while accounting for the differentiated needs of vulnerable populations who depend upon such wildlife as a predominant source of meat or protein;

(ii) identifying—

(I) foreign countries that continue to enable the operation of wildlife markets as defined by this title and the associated trade of wildlife products for human use as food or medicine that feeds such markets;

(II) recommendations for incentivizing or enforcing compliance with laws and policies to close wildlife markets pursuant to section 6302 and uncontrolled, unsanitary, or illicit wildlife markets and end the associated commercial trade in live wildlife for human use as food or medicine, which may include visa restrictions and other diplomatic or economic tools; and

(III) summarizing additional personnel hired with funding authorized under this title, including the number hired in each bureau.

(B) INITIAL REPORT.—The first report submitted under subparagraph (A) shall include, in addition to the elements described in such subparagraph, a summary of existing research and findings related to the risk live wildlife markets pose to human health through the emergence or reemergence of pathogens and activities to reduce the risk of zoonotic spillover.

(C) FORM.—The report required under this paragraph shall be submitted in unclassified form, but may include a classified annex.

SEC. 6306. Law enforcement attache deployment.

(a) In general.—The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, and in consultation with the Secretary of State, shall require the Chief of Law Enforcement of the United States Fish and Wildlife Service to hire, train, and deploy not fewer than 50 new United States Fish and Wildlife Service law enforcement attaches, and appropriate additional support staff, at 1 or more United States embassies, consulates, commands, or other facilities—

(1) in 1 or more countries designated as a focus country or a country of concern in the most recent report submitted under section 201 of the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7621); and

(2) in such additional countries or regions, as determined by the Secretary of the Interior, that are known or suspected to be a source of illegal trade of species listed—

(A) as a threatened species or an endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or

(B) under appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249).

(b) Authorization of appropriations.—There is authorized to be appropriated to carry out this section $150,000,000 for each of fiscal years 2023 through 2032.

SEC. 6307. Reservation of rights.

Nothing in this title shall restrict or otherwise prohibit—

(1) legal and regulated hunting, fishing, or trapping activities for subsistence, sport, or recreation; or

(2) the lawful domestic and international transport of legally harvested fish or wildlife trophies.

SEC. 6401. Prohibition of arms sales to countries committing genocide or war crimes.

(a) In general.—No sale, export, or transfer of defense articles or defense services may occur to any country if the Secretary of State has credible information that the government of such country has committed or is committing genocide or violations of international humanitarian law after the date of the enactment of this Act.

(b) Exception.—The restriction under subsection (a) shall not apply if the Secretary of State certifies to the appropriate congressional committees that—

(1) the government has adequately punished the persons directly or indirectly responsible for such acts through a credible, transparent, and effective judicial process;

(2) appropriate measures have been instituted to ensure that such acts will not recur; and

(3) other appropriate compensation or appropriate compensatory measures have been or are being provided to the persons harmed by such acts.

SEC. 6402. Consideration of human rights and democratization in arms exports.

(a) In general.—In considering the sale, export, or transfer of defense articles and defense services to foreign countries, the Secretary of State shall—

(1) also consider the extent to which the government of the foreign country protects human rights and supports democratic institutions, including an independent judiciary; and

(2) ensure that the views and expertise of the Bureau of Democracy, Human Rights, and Labor of the Department of State in connection with any sale, export, or transfer are fully taken into account.

(b) Inspector General oversight.—Not later than one year after the date of the enactment of this Act, and annually thereafter for four years, the Inspector General of the Department of State shall submit to the appropriate congressional committees a report on the implementation of the requirement under subsection (a) during the preceding year.

SEC. 6403. Enhancement of congressional oversight of human rights in arms exports.

(a) In general.—It is the sense of Congress that any letter of offer to sell, or any application for a license to export or transfer, defense articles or defense services controlled for export, regardless of monetary value, should take into account as part of its evaluation whether the Secretary of State has credible information, with respect to a country to which the defense articles or defense services are proposed to be sold, exported, or transferred, that—

(1) the government of such country on or after the date of enactment of this Act has been deposed by a coup d’etat or decree in which the military played a decisive role, and a democratically elected government has not taken office subsequent to the coup or decree; or

(2) a unit of the security forces of the government of such country—

(A) has violated international humanitarian law and has not been credibly investigated and subjected to a credible and transparent judicial process addressing such allegation; or

(B) has committed a gross violation of human rights, and has not been credibly investigated and subjected to a credible and transparent judicial process addressing such allegation, including, inter alia—

(i) torture;

(ii) rape or sexual assault;

(iii) ethnic cleansing of civilians;

(iv) recruitment or use of child soldiers;

(v) unjust or wrongful detention;

(vi) the operation of, or effective control or direction over, secret detention facilities; or

(vii) extrajudicial killings or enforced disappearances, whether by military, police, or other security forces.

(b) Inclusion of information in human rights report.—The Secretary of State shall also provide to the appropriate congressional committees the report described in section 502B(c) of the Foreign Assistance Act (22 U.S.C. 2304(c)) biannually for the period of time specified in subsection (c) of this section regarding any country covered under subsection (a).

(c) Modification of prior notification of shipment of arms.—Section 36(i) of the Arms Export Control Act (22 U.S.C. 2776(i)) is amended by striking “subject to the requirements of subsection (b) at the joint request of the Chairman and Ranking Member” and inserting “subject to the requirements of this section at the request of the Chairman or Ranking Member”.

SEC. 6404. End use monitoring of misuse of arms in human rights abuses.

(a) End use monitoring.—Section 40A(a)(2)(B) of the Arms Export Control Act (22 U.S.C. 2785) is amended—

(1) in clause (i), by striking “; and” and inserting a semicolon;

(2) in clause (ii), by striking the period at the end and inserting “and;”; and

(3) by adding at the end the following new clause:

“(iii) such articles and services are not being used to violate international humanitarian law or internationally recognized human rights.”.

(b) Report.—The Secretary shall report to the appropriate congressional committees on the measures that will be taken, including any additional resources needed, to conduct an effective end-use monitoring program to fulfill the requirement of clause (iii) of section 40A(a)(2)(B) of the Arms Export Control Act, as added by subsection (a)(3).

SEC. 6405. Definitions.

In this title:

(1) The term “appropriate congressional committees” means—

(A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and

(B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.

(2) The terms “defense article” and “defense service” have the same meanings given the terms in section 47 of the Arms Export Control Act (22 U.S.C. 2794).

SEC. 6501. Short title.

This title may be cited as the “Burma Unified through Rigorous Military Accountability Act of 2022” or the “BURMA Act of 2022”.

SEC. 6502. Definitions.

In this title:

(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) CRIMES AGAINST HUMANITY.—The term “crimes against humanity” includes the following, when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:

(A) Murder.

(B) Forced transfer of population.

(D) Extermination.

(E) Enslavement.

(F) Rape, sexual slavery, or any other form of sexual violence of comparable severity.

(G) Enforced disappearance of persons.

(H) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender, or other grounds that are universally recognized as impermissible under international law.

(I) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law.

(3) 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).

(4) GENOCIDE.—The term “genocide” means any offense described in section 1091(a) of title 18, United States Code.

(5) TRANSITIONAL JUSTICE.—The term “transitional justice” means the range of judicial, nonjudicial, formal, informal, retributive, and restorative measures employed by countries transitioning out of armed conflict or repressive regimes, or employed by the international community through international justice mechanisms, to redress past or ongoing atrocities and to promote long-term, sustainable peace.

(6) WAR CRIME.—The term “war crime” has the meaning given the term in section 2441(c) of title 18, United States Code.

SEC. 6511. Findings.

Congress makes the following findings:

(1) Since 1988, the United States policy of principled engagement has fostered positive democratic reforms in Burma, with elections in 2010, 2015, and 2020, helping to bring about the partial transition to civilian rule and with the latter 2 elections resulting in resounding electoral victories for the National League for Democracy.

(2) That democratic transition remained incomplete, with the military retaining significant power and independence from civilian control following the 2015 elections, including through control of 25 percent of parliamentary seats, a de facto veto over constitutional reform, authority over multiple government ministries, and the ability to operate with impunity and no civilian oversight.

(3) Despite some improvements with respect for human rights and fundamental freedoms beginning in 2010, and the establishment of a quasi-civilian government following credible elections in 2015, Burma’s military leaders have, since 2016, overseen an increase in restrictions to freedom of expression (including for members of the press), freedom of peaceful assembly, freedom of association, and freedom of religion or belief.

(4) On August 25, 2017, Burmese military and security forces launched a genocidal military campaign against Rohingya, resulting in a mass exodus of some 750,000 Rohingya from Burma’s Rakhine State into Bangladesh, where they remain. The military has since taken no steps to improve conditions for Rohingya still in Rakhine State, who remain at high risk of genocide and other atrocities, or to create conditions conducive to the voluntary return of Rohingya refugees and other internally displaced persons (IDPs).

(5) The Burmese military has also engaged in renewed violence with other ethnic minority groups across the country. The military has continued to commit atrocities in Chin, Kachin, Kayah, and Shan. Fighting in northern Burma has forced more than 100,000 people from their homes and into camps for internally displaced persons. The Burmese military continues to heavily proscribe humanitarian and media access to conflict-affected populations across the country.

(6) With more nearly $470,000,000 in humanitarian assistance in response to the crisis in fiscal year 2021, the United States is the largest humanitarian donor to populations in need as a result of conflicts in Burma. In May 2021, the United States announced nearly $155,000,000 in additional humanitarian assistance to meet the urgent needs of Rohingya refugees and host communities in Bangladesh and people affected by ongoing violence in Burma’s Rakhine, Kachin, Shan, and Chin states. In September 2021, the United States provided nearly $180,000,000 in additional critical humanitarian assistance to the people of Burma, bringing the total fiscal year 2021 to more than $434,000,000.

(7) Both government- and military-initiated investigations into human rights abuses in Burma involving violence between ethnic minorities and Burmese security forces have failed to yield credible results or hold perpetrators accountable.

(8) In its report dated September 17, 2018, the United Nations Independent International Fact-Finding Mission on Myanmar concluded, on reasonable grounds, that the factors allowing inference of “genocidal intent” are present with respect to the attacks against Rohingya in Rakhine State, and acts by Burmese security forces against Rohingya in Rakhine State and other ethnic minorities in Kachin and Shan States amount to “crimes against humanity” and “war crimes”. The Independent International Fact-Finding Mission on Myanmar established by the United Nations Human Rights Council recommended that the United Nations Security Council “should ensure accountability for crimes under international law committed in Myanmar, preferably by referring the situation to the International Criminal Court or alternatively by creating an ad hoc international criminal tribunal”. The Mission also recommended the imposition of targeted economic sanctions, including an arms embargo on Burma.

(9) On December 13, 2018, the United States House of Representatives passed House Resolution 1091 (115th Congress), which expressed the sense of the House that “the atrocities committed against the Rohingya by the Burmese military and security forces since August 2017 constitute crimes against humanity and genocide” and called upon the Secretary of State to review the available evidence and make a similar determination.

(10) In a subsequent report dated August 5, 2019, the United Nations Independent International Fact-Finding Mission on Myanmar found that the Burmese military’s economic interests “enable its conduct” and that it benefits from and supports extractive industry businesses operating in conflict-affected areas in northern Burma, including natural resources, particularly oil and gas, minerals and gems and argued that “through controlling its own business empire, the Tatmadaw can evade the accountability and oversight that normally arise from civilian oversight of military budgets”. The report called for the United Nations and individual governments to place targeted sanctions on all senior officials in the Burmese military as well as their economic interests, especially Myanma Economic Holdings Limited and Myanmar Economic Corporation.

(11) Burma’s November 2020 election resulted in a landslide victory for the National League of Democracy, with the National League for Democracy winning a large majority of seats in Burma’s national parliament. The elections were judged to be credible, and marked an important step in the country’s democratic transition.

(12) On February 1, 2021, the Burmese military conducted a coup d’état, declaring a year-long state of emergency and detaining State Counsellor Aung San Suu Kyi, President Win Myint, and dozens of other government officials and elected members of parliament, thus derailing Burma’s transition to democracy and disregarding the will of the people of Burma as expressed in the November 2020 general elections, which were determined to be credible by international and national observers.

(13) Following the coup, some ousted members of parliament established the Committee Representing the Pyidaungsu Hluttaw (CRPH), which subsequently established the National Unity Consultative Council in March of 2021. The National Unity Consultative Council includes representatives from a broad spectrum of stakeholders in Burma opposed to the military and the coup: elected representatives from the CRPH, representatives from the ethnic armed organizations, members of Burma’s civil disobedience movement, and other anti-coup forces.

(14) The CRPH subsequently released the Federal Democracy Charter in March 2021 and established the National Unity Government in April 2021. The National Unity Government includes representatives from ethnic minority groups, civil society organizations, women’s groups, leaders of the civil disobedience movement, and others.

(15) Since the coup on February 1, 2021, the Burmese military has—

(A) used lethal force on peaceful protestors on multiple occasions, killing more than 2,000 people, including more than 142 children;

(B) detained more than 10,000 peaceful protestors, participants in the Civil Disobedience Movement, labor leaders, government officials and elected members of parliament, members of the media, and others, according to the Assistance Association for Political Prisoners;

(C) issued laws and directives used to further impede fundamental freedoms, including freedom of expression (including for members of the press), freedom of peaceful assembly, and freedom of association; and

(D) imposed restrictions on the internet and telecommunications.

(16) According to the UNHCR, more than 758,000 people have been internally displaced since the coup, while an estimated 40,000 have sought refuge in neighboring countries. Nevertheless, the Burmese military continues to block humanitarian assistance to populations in need. According to the World Health Organization, the military has carried out more than 286 attacks on health care entities since the coup and killed at least 30 health workers. Dozens more have been arbitrarily detained, and hundreds have warrants out for their arrest. The military continued such attacks even as they inhibited efforts to combat a devastating third wave of COVID–19. The brutality of the Burmese military was on full display on March 27, 2021, Armed Forces Day, when, after threatening on state television to shoot protesters in the head, security forces killed more than 150 people.

(17) The coup represents a continuation of a long pattern of violent and anti-democratic behavior by the military that stretches back decades, with the military having previously taken over Burma in coups d’état in 1962 and 1988, and having ignored the results of the 1990 elections, and a long history of violently repressing protest movements, including killing and imprisoning thousands of peaceful protestors during pro-democracy demonstrations in 1988 and 2007.

(18) On February 11, 2021, President Biden issued Executive Order 14014 in response to the coup d’état, authorizing sanctions against the Burmese military, its economic interests, and other perpetrators of the coup.

(19) Since the issuance of Executive Order 14014, President Biden has taken several steps to impose costs on the Burmese military and its leadership, including by designating or otherwise imposing targeted sanctions with respect to—

(A) multiple high-ranking individuals and their family members, including the Commander-in-Chief of the Burmese military, Min Aung Hlaing, Burma’s Chief of Police, Than Hlaing, and the Bureau of Special Operations commander, Lieutenant General Aung Soe, and over 35 other individuals;

(B) state-owned and military controlled companies, including Myanma Economic Holdings Public Company, Ltd., Myanmar Economic Corporation, Ltd., Myanmar Economic Holdings Ltd., Myanmar Ruby Enterprise, Myanmar Imperial Jade Co., Ltd., and Myanma Gems Enterprise; and

(C) other corporate entities, Burmese military units, and Burmese military entities, including the military regime’s State Administrative Council.

(20) The United States has also implemented new restrictions on exports and reexports to Burma pursuant to Executive Order 14014; and

(21) On April 24, 2021, the Association of Southeast Asian Nations (ASEAN) agreed to a five-point consensus which called for an “immediate cessation of violence”, “constructive dialogue among all parties”, the appointment of an ASEAN special envoy, the provision of humanitarian assistance through ASEAN’s AHA Centre, and a visit by the ASEAN special envoy to Burma. Except for the appointment of the Special Envoy in August 2021, the other elements of the ASEAN consensus remain unimplemented due to obstruction by the Burmese military.

(22) In June 2021, the National Unity Government included ethnic minorities and women among its cabinet and released a policy paper outlining pledges to Rohingya and calling for “justice and reparations” for the community. The statement affirms the Rohingya right to citizenship in Burma, a significant break from past Burmese government policies.

(23) On March 21, 2022, Secretary of State Antony Blinken announced that the United States had concluded that “members of the Burmese military committed genocide and crimes against humanity against Rohingya”.

SEC. 6512. Statement of policy.

It is the policy of the United States—

(1) to support genuine democracy, peace, and national reconciliation in Burma;

(2) to pursue a strategy of calibrated engagement, which is essential to support the establishment of a peaceful, prosperous, and democratic Burma that includes respect for the human rights of all individuals regardless of ethnicity and religion;

(3) to seek the restoration to power of a civilian government that reflects the will of the people of Burma;

(4) to support constitutional reforms that ensure civilian governance and oversight over the military;

(5) to assist in the establishment of a fully democratic, civilian-led, inclusive, and representative political system that includes free, fair, credible, and democratic elections in which all people of Burma, including all ethnic and religious minorities, can participate in the political process at all levels including the right to vote and to run for elected office;

(6) to support legal reforms that ensure protection for the civil and political rights of all individuals in Burma, including reforms to laws that criminalize the exercise of human rights and fundamental freedoms, and strengthening respect for and protection of human rights, including freedom of religion or belief;

(7) to seek the unconditional release of all prisoners of conscience and political prisoners in Burma;

(8) to strengthen Burma’s civilian governmental institutions, including support for greater transparency and accountability once the military is no longer in power;

(9) to empower and resource local communities, civil society organizations, and independent media;

(10) to promote national reconciliation and the conclusion and credible implementation of a nationwide cease-fire agreement, followed by a peace process that is inclusive of ethnic Rohingya, Shan, Rakhine, Kachin, Chin, Karenni, and Karen, and other ethnic groups and leads to the development of a political system that effectively addresses natural resource governance, revenue-sharing, land rights, and constitutional change enabling inclusive peace;

(11) to ensure the protection and non-refoulement of refugees fleeing Burma to neighboring countries and prioritize efforts to create a conducive environment and meaningfully address long-standing structural challenges that undermine the safety and rights of Rohingya in Rakhine State as well as members of other ethnic and religious minorities in Burma, including by promoting the creation of conditions for the dignified, safe, sustainable, and voluntary return of refugees in Bangladesh, Thailand, and in the surrounding region when conditions allow;

(12) to support an immediate end to restrictions that hinder the freedom of movement of members of ethnic minorities throughout the country, including Rohingya, and an end to any and all policies and practices designed to forcibly segregate Rohingya, and providing humanitarian support for all internally displaced persons in Burma;

(13) to support unfettered access for humanitarian actors, media, and human rights mechanisms, including those established by the United Nations Human Rights Council and the United Nations General Assembly, to all relevant areas of Burma, including Rakhine, Chin, Kachin, Shan, and Kayin States, as well as Sagaing and Magway regions;

(14) to call for accountability through independent, credible investigations and prosecutions for any potential genocide, war crimes, and crimes against humanity, including those involving sexual and gender-based violence and violence against children, perpetrated against ethnic or religious minorities, including Rohingya, by members of the military and security forces of Burma, and other armed groups;

(15) to encourage reforms toward the military, security, and police forces operating under civilian control and being held accountable in civilian courts for human rights abuses, corruption, and other abuses of power;

(16) to promote broad-based, inclusive economic development and fostering healthy and resilient communities;

(17) to combat corruption and illegal economic activity, including that which involves the military and its close allies; and

(18) to promote responsible international and regional engagement;

(19) to support and advance the strategy of calibrated engagement, impose targeted sanctions with respect to the Burmese military’s economic interests and major sources of income for the Burmese military, including with respect to—

(A) officials in Burma, including the Commander in Chief of the Armed Forces of Burma, Min Aung Hlaing, and all individuals described in paragraphs (1), (2), and (3) of section 202(a), under the authorities provided by title II, Executive Order 14014, and the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328; 22 U.S.C. 2656 note);

(B) enterprises owned or controlled by the Burmese military, including the Myanmar Economic Corporation, Union of Myanmar Economic Holding, Ltd., and all other entities described in section 202(a)(4), under the authorities provided by title II, the Burmese Freedom and Democracy Act of 2003 (Public Law 108–61; 50 U.S.C. 1701 note), the Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008 (Public Law 110–286; 50 U.S.C. 1701 note), other relevant statutory authorities, and Executive Order 14014; and

(i) there is a substantial risk of the Burmese military accessing the accounts of such an enterprise; and

(ii) the imposition of sanctions would not cause disproportionate harm to the people of Burma, the restoration of a civilian government in Burma, or the national interest of the United States; and

(20) to ensure that any sanctions imposed with respect to entities or individuals are carefully targeted to maximize impact on the military and security forces of Burma and its economic interests while minimizing impact on the people of Burma, recognizing the calls from the people of Burma for the United States to take action against the sources of income for the military and security forces of Burma.

SEC. 6521. Definitions.

In this title:

(1) ADMITTED; ALIEN.—The terms “admitted” and “alien” have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).

(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—

(A) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and

(B) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives.

(3) CORRESPONDENT ACCOUNT; PAYABLE-THROUGH ACCOUNT.—The terms “correspondent account” and “payable-through account” have the meanings given those terms in section 5318A of title 31, United States Code.

(4) FOREIGN FINANCIAL INSTITUTION.—The term “foreign financial institution” has the meaning of that term as determined by the Secretary of the Treasury by regulation.

(5) FOREIGN PERSON.—The term “foreign person” means a person that is not a United States person.

(6) KNOWINGLY.—The term “knowingly”, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.

(7) PERSON.—The term “person” means an individual or entity.

(8) SUPPORT.—The term “support”, with respect to the Burmese military, means to knowingly have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of the Burmese military.

(9) UNITED STATES PERSON.—The term “United States person” means—

(A) a United States citizen or an alien lawfully admitted to the United States for permanent residence;

(B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or

SEC. 6522. Imposition of sanctions with respect to human rights abuses and perpetration of a coup in Burma.

(a) Mandatory sanctions.—Not later than 60 days after 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) knowingly operates as a senior official or in a significant capacity in the defense sector of the Burmese economy;

(2) leading up to, during, and since the February 2021 coup is responsible for or has directly and knowingly engaged in—

(A) actions or policies that undermine democratic processes or institutions in Burma;

(B) actions or policies that threaten the peace, security, or stability of Burma;

(C) actions or policies that prohibit, limit, or penalize the exercise of freedom of expression or assembly by people in Burma, or that limit access to print, online, or broadcast media in Burma; or

(D) the arbitrary detention or torture of any person in Burma or other serious human rights abuse in Burma;

(3) is a senior leader of—

(A) the Burmese military or security forces of Burma, or any successor entity to any of such forces;

(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 has engaged in any activity described in paragraph (2) leading up to, during, and after the February 2021 coup;

(4) knowingly operates—

(A) any entity that is a state-owned economic enterprise under Burmese law (other than the entity specified in subsection (c)) that benefits the Burmese military, including the Myanma Gems Enterprise; or

(B) any entity controlled in whole or in part by an entity described in subparagraph (A), or a successor to such an entity, that benefits the Burmese military;

(5) knowingly and materially violates, attempts to violate, conspires to violate, or has caused or attempted to cause a violation of any license, order, regulation, or prohibition contained in or issued pursuant to Executive Order 14014 or this Act;

(6) to be a spouse or adult child of any person described in any of paragraphs (1) through (5); or

(7) to be owned or controlled by, and to act for or on behalf of, directly or indirectly, a person that has engaged in the activity described, as the case may be, in any of paragraphs (1) through (6).

(b) Additional measure relating to facilitation of transactions.—The Secretary of the Treasury shall, 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 sanctioned based on subsection (a).

(c) Additional sanctions.—Beginning on the date that is 180 days after the date of the enactment of this Act, the President shall impose the sanctions described in subsection (d) with respect to the Myanma Oil and Gas Enterprise.

(d) Sanctions described.—The sanctions that may be imposed with respect to a foreign person described in subsection (a) are the following:

(1) PROPERTY BLOCKING.—Notwithstanding the requirements of section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701), the President may exercise of all powers granted to the President by that Act 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 the Secretary of State or the Secretary of Homeland Security (or a designee of one of such Secretaries) knows, or has reason to believe, is described in subsection (a) is—

(i) inadmissible to the United States;

(ii) ineligible for a visa or other documentation to enter the United States; and

(iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

(B) CURRENT VISAS REVOKED.—

(i) IN GENERAL.—The issuing consular officer, the Secretary of State, or the Secretary of Homeland Security (or a designee of one of such Secretaries) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), revoke any visa or other entry documentation issued to an alien described in clause (i) regardless of when the visa or other entry documentation is issued.

(ii) EFFECT OF REVOCATION.—A revocation under subclause (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) 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;

(D) transporting goods or services that are necessary to carry out operations relating to humanitarian assistance or humanitarian purposes in Burma.

(f) Waiver.—The President may, on a case-by-case basis and for periods not to exceed 180 days each, 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 not later than 15 days before such waiver is to take effect that the waiver is vital to the national security interests of the United States.

(g) Implementation; penalties.—

(1) IMPLEMENTATION.—The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.

(2) PENALTIES.—The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations promulgated under section 403(b) to carry out paragraph (1)(A) to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act.

(h) Report.—Not later than 60 days after the date of the enactment of this Act and annually thereafter for 8 years, the Secretary of the Treasury, in consultation with the Secretary of State and the heads of other United States Government agencies, as appropriate, shall submit to the appropriate congressional committees a report that—

(1) sets forth the plan of the Department of the Treasury for ensuring that property blocked pursuant to subsection (a) or Executive Order 14014 remains blocked;

(2) 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;

(3) makes recommendations for how the sources of income described in paragraph (2) can be reduced or blocked;

(4) evaluates the implications of imposing sanctions on the Burmese-government owned Myanmar Oil and Gas Enterprise, including a determination with respect to the extent to which sanctions on Myanmar Oil and Gas Enterprise would advance the interests of the United States in Burma; and

(5) assesses the impact of the sanctions imposed pursuant to the authorities under this Act on the Burmese people and the Burmese military.

SEC. 6523. Certification requirement for removal of certain persons from the list of specially designated nationals and blocked persons.

(a) In general.—On or after the date of the enactment of this Act, the President may not remove a person described in subsection (b) from the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (commonly referred to as the “SDN list”) until the President submits to the appropriate congressional committees a certification described in subsection (c) with respect to the person.

(b) Persons described.—A person described in this subsection is a foreign person included in the SDN list for violations of part 525 of title 31, Code of Federal Regulations, or any other regulations imposing sanctions on or related to Burma.

(c) Certification described.—A certification described in this subsection, with respect to a person described in subsection (b), is a certification that the person has not knowingly assisted in, sponsored, or provided financial, material, or technological support for, or financial or other services to or in support of—

(1) terrorism or a terrorist organization;

(2) a significant foreign narcotics trafficker (as defined in section 808 of the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1907));

(3) a significant transnational criminal organization under Executive Order 13581 (50 U.S.C. note; relating to blocking property of transnational criminal organizations); or

(4) any other person on the SDN list.

(d) Form.—A certification described in subsection (c) shall be submitted in unclassified form but may include a classified annex.

SEC. 6524. Sanctions and policy coordination for Burma.

(a) In general.—The Secretary of State may designate an official of the Department of State to serve as the United States Special Coordinator for Burmese Democracy (in this section referred to as the “Special Coordinator”).

(b) Central objective.—The Special Coordinator should develop a comprehensive strategy for the implementation of the full range of United States diplomatic capabilities, including the provisions of this Act, to promote human rights and the restoration of civilian government in Burma.

(1) coordinating the sanctions policies of the United States under section 6522 with relevant bureaus and offices within the Department of State and other relevant United States Government agencies;

(2) conducting relevant research and vetting of entities and individuals that may be subject to sanctions under section 6522 and coordinate with other United States Government agencies and international financial intelligence units to assist in efforts to enforce anti-money laundering and anti-corruption laws and regulations;

(3) promoting a comprehensive international effort to impose and enforce multilateral sanctions with respect to Burma;

(4) coordinating with and supporting interagency United States Government efforts, including efforts of the United States Ambassador to Burma, the United States Ambassador to ASEAN, and the United States Permanent Representative to the United Nations, relating to—

(A) identifying opportunities to coordinate with and exert pressure on the governments of the People’s Republic of China and the Russian Federation to support multilateral action against the Burmese military;

(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;

(C) engaging in direct dialogue with Burmese civil society, democracy advocates, ethnic minority representative groups, and organizations or groups representing the protest movement and the officials elected in 2020, such as the Committee Representing the Pyidaungsu Hluttaw, the National Unity Government, the National Unity Consultative Council, and their designated representatives;

(D) encouraging the National Unity Government to incorporate accountability mechanisms in relation to the atrocities against Rohingya and other ethnic groups, to take further steps to make its leadership and membership ethnically diverse, and to incorporate measures to enhance ethnic reconciliation and national unity into its policy agenda;

(E) assisting efforts by the relevant United Nations Special Envoys and Special Rapporteurs to secure the release of all political prisoners in Burma, promote respect for human rights, and encourage dialogue; and

(F) supporting nongovernmental organizations operating in Burma and neighboring countries working to restore civilian democratic rule to Burma and to address the urgent humanitarian needs of the people of Burma; and

(5) providing timely input for reporting on the impacts of the implementation of section 6522 on the Burmese military and the people of Burma.

(d) Deadline.—If the Secretary of State has not designated the Special Coordinator by the date that is 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report detailing the reasons for not doing so.

SEC. 6525. 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 the UN General Assembly resolution 75/287, “The situation in Myanmar,” which was adopted on June 18, 2021.

(b) Support for greater action.—The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States to spur greater action by the United Nations and the United Nations Security Council with respect to Burma by—

(1) pushing the United Nations Security Council to consider a resolution condemning the February 1, 2021, coup and calling on the Burmese military to cease its violence against the people of Burma and release without preconditions the journalists, pro-democracy activists, and political officials that it has unjustly detained;

(2) pushing the United Nations Security Council to consider a resolution that immediately imposes a global arms embargo against Burma to ensure that the Burmese military is not able to obtain weapons and munitions from other nations to further harm, murder, and oppress the people of Burma;

(3) pushing the United Nations and other United Nations authorities to cut off assistance to the Government of Burma while providing humanitarian assistance directly to the people of Burma through UN 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;

(4) objecting 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;

(5) working to ensure the Burmese military is not recognized as the legitimate government of Burma in any United Nations body; and

(6) 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 crimes against humanity it has and continues to commit in the coup’s aftermath.

SEC. 6526. Sunset.

(a) In general.—The authority to impose sanctions and the sanctions imposed under this title 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 title 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 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.

SEC. 6531. Support to civil society and independent media.

(a) Authorization to provide support.—The Secretary of State and the Administrator of the United States Agency for International Development are authorized to provide support to civil society in Burma, Bangladesh, Thailand, and the surrounding region, including by—

(1) ensuring the safety of democracy activists, civil society leaders, independent media, participants in the Civil Disobedience Movement, and government defectors exercising their fundamental rights by—

(A) supporting safe houses for those under threat of arbitrary arrest or detention;

(B) providing access to secure channels for communication;

(C) assisting individuals forced to flee from Burma and take shelter in neighboring countries, including in ensuring protection assistance and non-refoulement; and

(D) providing funding to organizations that equip activists, civil society organizations, and independent media with consistent, long-term technical support on physical and digital security in local languages;

(2) supporting democracy activists in their efforts to promote freedom, democracy, and human rights in Burma, by—

(A) providing aid and training to democracy activists in Burma;

(B) providing aid to individuals and groups conducting democracy programming outside of Burma targeted at a peaceful transition to constitutional democracy inside Burma;

(C) providing aid and assistance to independent media outlets and journalists and groups working to protect internet freedom and maintain independent media;

(D) expanding radio and television broadcasting into Burma; and

(E) providing financial support to civil society organizations and nongovernmental organizations led by members of ethnic and religious minority groups within Burma and its cross-border regions;

(3) assisting ethnic minority groups and civil society in Burma to further prospects for justice, reconciliation, and sustainable peace; and

(4) promoting ethnic minority inclusion and participation in political processes in Burma.

(b) Authorization of appropriations.—There are authorized to be appropriated $50,000,000 to carry out the provisions of this section for each of fiscal years 2023 through 2027.

SEC. 6532. Humanitarian assistance and reconciliation.

(a) Authorization to provide humanitarian assistance.—The Secretary of State and the Administrator of the United States Agency for International Development are authorized to provide humanitarian assistance and reconciliation activities for ethnic groups and civil society organizations in Burma, Bangladesh, Thailand, and the surrounding region, including—

(1) assistance for victims of violence by the Burmese military, including Rohingya and individuals from other ethnic minorities displaced or otherwise affected by conflict, in Burma, Bangladesh, Thailand, and the surrounding region;

(2) support for voluntary resettlement or repatriation of displaced individuals in Burma, upon the conclusion of genuine agreements developed and negotiated with the involvement and consultation of the displaced individuals and if resettlement or repatriation is safe, voluntary, and dignified;

(3) support for the promotion of ethnic and religious tolerance, improving social cohesion, combating gender-based violence, increasing the engagement of women in peacebuilding, and mitigating human rights violations and abuses against children;

(4) support for—

(A) primary, secondary, and tertiary education for displaced children living in areas of Burma affected by conflict; and

(B) refugee camps in the surrounding region and opportunities to access to higher education in Bangladesh and Thailand;

(5) capacity-building support—

(A) to ensure that displaced individuals are consulted and participate in decision-making processes affecting the displaced individuals; and

(B) for the creation of mechanisms to facilitate the participation of displaced individuals in such processes; and

(6) increased humanitarian aid to Burma to address the dire humanitarian situation that has uprooted 170,000 people through—

(A) international aid partners;

(B) the International Committee of the Red Cross; and

(b) Authorization of appropriations.—There are authorized to be appropriated $220,500,000 to carry out the provisions of this section for fiscal year 2023.

SEC. 6533. Authorization of assistance for Burma political prisoners.

(a) Sense of congress.—It is the sense of Congress that—

(1) the freedom of expression, including for members of the press, is an inalienable right and should be upheld and protected in Burma and everywhere;

(2) the Burmese military must immediately cease the arbitrary arrest, detention, imprisonment, and physical attacks of journalists, which have created a climate of fear and self-censorship among local journalists;

(3) the Government of Burma should repeal or amend all laws that violate the right to freedom of expression, peaceful assembly, or association, and ensure that laws such as the Telecommunications Law of 2013 and the Unlawful Associations Act of 1908, and laws relating to the right to peaceful assembly all comply with Burma’s human rights obligations;

(4) all prisoners of conscience and political prisoners in Burma should be unconditionally and immediately released;

(5) the Burmese military should immediately and unconditionally release Danny Fenster and other journalists unjustly detained for their work;

(6) the Government of Burma must immediately drop defamation charges against all individuals unjustly detained, including the three Kachin activists, Lum Zawng, Nang Pu, and Zau Jet, who led a peaceful rally in Mytkyina, the capital of Kachin State in April 2018, and that the prosecution of Lum Zawng, Nang Pu, and Zau Jet is an attempt by Burmese authorities to intimidate, harass, and silence community leaders and human rights defenders who speak out about military abuses and their impact on civilian populations; and

(7) the United States Government should use all diplomatic tools to seek the unconditional and immediate release of all prisoners of conscience and political prisoners in Burma.

(b) Political prisoners assistance.—The Secretary of State is authorized to continue to provide assistance to civil society organizations in Burma that work to secure the release of and support prisoners of conscience and political prisoners in Burma, including—

(1) support for the documentation of human rights violations with respect to prisoners of conscience and political prisoners;

(2) support for advocacy in Burma to raise awareness of issues relating to prisoners of conscience and political prisoners;

(3) support for efforts to repeal or amend laws that are used to imprison individuals as prisoners of conscience or political prisoners;

(4) support for health, including mental health, and post-incarceration assistance in gaining access to education and employment opportunities or other forms of reparation to enable former prisoners of conscience and political prisoners to resume normal lives; and

(5) the creation, in consultation with former political prisoners and prisoners of conscience, their families, and their representatives, of an independent prisoner review mechanism in Burma—

(A) to review the cases of individuals who may have been charged or deprived of their liberty for peacefully exercising their human rights;

(B) to review all laws used to arrest, prosecute, and punish individuals as political prisoners and prisoners of conscience; and

(c) Termination.—The authority to provide assistance under this section shall terminate on the date that is 8 years after the date of the enactment of this Act.

SEC. 6541. Report on accountability for war crimes, crimes against humanity, and genocide in Burma.

(a) Statement of policy.—It is the policy of the United States—

(1) to continue the support of ongoing mechanisms and special procedures of the United Nations Human Rights Council, including the United Nations Independent Investigative Mechanism for Myanmar and the Special Rapporteur on the situation of human rights in Myanmar; and

(2) to refute the credibility and impartiality of efforts sponsored by the Government of Burma, such as the Independent Commission of Enquiry, unless the United States Ambassador at Large for Global Criminal Justice determines the efforts to be credible and impartial and notifies the appropriate congressional committees in writing and in unclassified form regarding that determination.

(b) Report required.—Not later than 90 days after the date of the enactment of this Act, the Secretary of State, after consultation with the heads of other United States Government agencies and representatives of human rights organizations, as appropriate, shall submit to the appropriate congressional committees a report that—

(1) evaluates the persecution of Rohingya in Burma by the Burmese military;

(2) after consulting with the Atrocity Early Warning Task Force, or any successor entity or office, provides a detailed description of any proposed atrocity prevention response recommended by the Task Force as it relates to Burma;

(3) summarizes any atrocity crimes committed against Rohingya or members of other ethnic minority groups in Burma between 2012 and the date of the submission of the report;

(4) describes any potential transitional justice mechanisms for Burma;

(5) provides an analysis of whether the reports summarized under paragraph (3) amount to war crimes, crimes against humanity, or genocide;

(6) includes an assessment on which events that took place in the state of Rakhine in Burma, starting on August 25, 2017, constitute war crimes, crimes against humanity, or genocide; and

(7) includes a determination with respect to whether events that took place during or after the coup of February 1, 2021, in any state in Burma constitute war crimes or crimes against humanity.

(1) A description of—

(A) credible evidence of events that may constitute war crimes, crimes against humanity, or genocide committed by the Burmese military against Rohingya and members of other ethnic minority groups, including the identities of any other actors involved in the events;

(B) the role of the civilian government in the commission of any events described in subparagraph (A);

(C) credible evidence of events of war crimes, crimes against humanity, or genocide committed by other armed groups in Burma;

(D) attacks on health workers, health facilities, health transport, or patients and, to the extent possible, the identities of any individuals who engaged in or organized such attacks in Burma; and

(E) to the extent possible, the conventional and unconventional weapons used for any events or attacks described in this paragraph and the sources of such weapons.

(2) In consultation with the Administrator of the United States Agency for International Development, the Attorney General, and heads of any other appropriate United States Government agencies, as appropriate, a description and assessment of the effectiveness of any efforts undertaken by the United States to promote accountability for war crimes, crimes against humanity, and genocide perpetrated against Rohingya by the Burmese military, the government of the Rakhine State, pro-government militias, or other armed groups operating in the Rakhine State, including efforts—

(A) to train civilian investigators, within and outside of Burma and Bangladesh, to document, investigate, develop findings of, identify, and locate alleged perpetrators of war crimes, crimes against humanity, or genocide in Burma;

(B) to promote and prepare for a transitional justice mechanism for the perpetrators of war crimes, crimes against humanity, and genocide occurring in the Rakhine State in 2017; and

(C) to document, collect, preserve, and protect evidence of war crimes, crimes against humanity, and genocide in Burma, including by—

(i) providing support for ethnic Rohingya, Shan, Rakhine, Kachin, Chin, and Kayin and other ethnic minorities;

(ii) Burmese, Bangladeshi, foreign, and international nongovernmental organizations;

(iii) the Independent Investigative Mechanism for Myanmar; and

(iv) other entities engaged in investigative activities with respect to war crimes, crimes against humanity, and genocide in Burma.

(3) A detailed study of the feasibility and desirability of a transitional justice mechanism for Burma, such as an international tribunal, a hybrid tribunal, or other options, that includes—

(A) a discussion of the use of universal jurisdiction or of legal cases brought against Burma by other countries at the International Court of Justice regarding any atrocity crimes perpetrated in Burma;

(B) recommendations for any transitional justice mechanism the United States should support, the reason the mechanism should be supported, and the type of support that should be offered; and

(C) consultation regarding transitional justice mechanisms with representatives of Rohingya and individuals from other ethnic minority groups who have suffered human rights violations and abuses.

(d) Protection of witnesses and evidence.—The Secretary of State shall seek to ensure that the identification of witnesses and physical evidence used for the report required by this section are not publicly disclosed in a manner that might place witnesses at risk of harm or encourage the destruction of evidence by the military or government of Burma.

(e) Form of report; public availability.—

(1) FORM.—The report required by subsection (b) shall be submitted in unclassified form but may include a classified annex.

(2) PUBLIC AVAILABILITY.—The unclassified portion of the report required by subsection (b) shall be posted on a publicly available internet website.

(f) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and

(2) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.

SEC. 6542. 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;

(2) collect, document, and protect evidence of crimes and preserving the chain of custody for such evidence;

(3) conduct criminal investigations of such crimes; and

(4) support investigations 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 6542, 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.

SEC. 6551. Sanctions exception relating to importation of goods.

(a) In general.—The authorities and requirements to impose sanctions under this title 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.

SEC. 6601. Short title.

This title may be cited as the “Promoting and Advancing Communities of Color Through Inclusive Lending Act”.

SEC. 6611. Strengthening diverse and mission-driven community financial institutions.

(a) Minority lending institution set-aside in providing assistance.—

(1) IN GENERAL.—Section 108 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4707) is amended by adding at the end the following:

“(i) Supporting minority institutions.—Notwithstanding any other provision of law, in providing any assistance to community development financial institutions, the Fund shall reserve 40 percent of such assistance for minority lending institutions.”.

(2) DEFINITIONS.—Section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4702) is amended by adding at the end the following:

“(22) MINORITY LENDING INSTITUTION.—The term ‘minority lending institution’ has the meaning given that term under section 523(c) of division N of the Consolidated Appropriations Act, 2021.”.

(b) Office of Minority Lending Institutions.—Section 104 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4703) is amended by adding at the end the following:

“(l) CDFI Office of Minority Lending Institutions.—There is established within the Fund an Office of Minority Lending Institutions, which shall oversee assistance provided by the Fund to minority lending institutions.”.

(c) Reporting on minority lending institutions.—Section 117 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4716) is amended by adding at the end the following:

“(g) Reporting on minority lending institutions.—Each report required under subsection (a) shall include a description of the extent to which assistance from the Fund are provided to minority lending institutions.”.

(d) Submission of Demographic data relating to diversity by community development financial institutions.—Section 104 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4703), as amended by subsection (b), is further amended by adding at the end the following:

“(m) Submission of Demographic data relating to diversity.—

“(1) DEFINITIONS.—In this subsection—

“(A) the term ‘executive officer’ has the meaning given the term in section 230.501(f) of title 17, Code of Federal Regulations, as in effect on the date of enactment of this subsection;

“(B) the term ‘gender identity’ means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual’s designated sex at birth;

“(C) the term ‘sexual orientation’ means homosexuality, heterosexuality, or bisexuality; and

“(D) the term ‘veteran’ has the meaning given the term in section 101 of title 38, United States Code.

“(2) SUBMISSION OF DISCLOSURE.—Each Fund applicant and recipient shall provide data regarding such factors as may be determined by the Fund, which may include the following:

“(A) Demographic data, based on voluntary self-identification, on the racial, ethnic, gender identity, and sexual orientation composition of—

“(i) the board of directors of the institution; and

“(ii) the executive officers of the institution.

“(B) The status of any member of the board of directors of the institution, any nominee for the board of directors of the institution, or any executive officer of the institution, based on voluntary self-identification, as a veteran.

“(C) Whether the board of directors of the institution, or any committee of that board of directors, has, as of the date on which the institution makes a disclosure under this paragraph, adopted any policy, plan, or strategy to promote racial, ethnic, and gender diversity among—

“(i) the board of directors of the institution;

“(ii) nominees for the board of directors of the institution; or

“(iii) the executive officers of the institution.

“(3) REPORT TO CONGRESS.—Not later than 24 months after the date of enactment of this subsection, and every other year thereafter, the Fund 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, and make publicly available on the website of the Fund, a report—

“(A) on the demographic data and trends of the diversity information made available pursuant to paragraph (2), including breakdowns by each State (including the District of Columbia and each territory of the United States) and Tribal government entity; and

“(B) containing any administrative or legislative recommendations of the Fund to enhance the implementation of this title or to promote diversity and inclusion within community development financial institutions.”.

(e) Office of Diverse and Mission-Driven Community Financial Institutions.—

(1) ESTABLISHMENT.—There is established within the Department of the Treasury the Office of Diverse and Mission-Driven Community Financial Institutions.

(2) LEADERSHIP.—The Office of Diverse and Mission-Driven Community Financial Institutions shall be led by a Deputy Assistant Secretary for Diverse and Mission-Driven Community Financial Institutions, who shall be appointed by the Secretary of the Treasury, in consultation with the Department of the Treasury’s Director of Office of Minority and Women Inclusion.

(3) FUNCTIONS.—The Office of Diverse and Mission-Driven Community Financial Institutions, pursuant to the direction of the Secretary, shall seek to provide support for diverse and mission-driven community financial institutions and have the authority—

(A) to monitor and issue reports regarding—

(i) community development financial institutions, minority depository institutions, and minority lending institutions; and

(ii) the role such institutions play in the financial system of the United States, including the impact they have on providing financial access to low- and moderate-income communities, communities of color, and other underserved communities;

(B) to serve as a resource and Federal liaison for current and prospective community development financial institutions, minority depository institutions, and minority lending institutions seeking to engage with the Department of the Treasury, the Community Development Financial Institutions Fund (“CDFI Fund”), other Federal government agencies, including by providing contact information for other offices of the Department of the Treasury or other Federal Government agencies, resources, technical assistance, or other support for entities wishing—

(i) to become certified as a community development financial institution, and maintain the certification;

(ii) to obtain a banking charter, deposit insurance, or otherwise carry on banking activities in a safe, sound, and responsible manner;

(iii) to obtain financial support through private sector deposits, investments, partnerships, and other means;

(iv) to expand their operations through internal growth and acquisitions;

(v) to develop and upgrade their technology, cybersecurity resilience, compliance systems, data reporting systems, and their capacity to support their communities, including through partnerships with third-party companies;

(vi) to obtain grants, awards, investments and other financial support made available through the CDFI Fund, the Board of Governors of the Federal Reserve System, the Central Liquidity Facility, the Federal Home Loan Banks, and other Federal programs;

(vii) to participate as a financial intermediary with respect to various Federal and State programs and agencies, including the State Small Business Credit Initiative and programs of the Small Business Administration; and

(viii) to participate in Financial Agent Mentor-Protégé Program of the Department of the Treasury and other Federal programs designed to support private sector partnerships;

(C) to provide resources to the public wishing to learn more about minority depository institutions, community development financial institutions, and minority lending institutions, including helping the Secretary implement the requirements under section 334, publishing reports issued by the Office on the website of the Department of the Treasury and providing hyperlinks to other relevant reports and materials from other Federal agencies;

(D) to provide policy recommendations to other relevant Federal agencies and Congress on ways to further strengthen Federal support for community development financial institutions, minority depository institutions, and minority lending institutions;

(E) to assist the Secretary in carrying out the Secretary’s responsibilities under section 308 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note) to preserve and promote minority depository institutions in consultation with the Chairman of the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Chairman of the National Credit Union Administration, and the Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation;

(F) to carry out other duties of the Secretary of the Treasury required by this subtitle and the amendments made by this subtitle, and to perform such other duties and authorities as may be assigned by the Secretary.

(f) Strengthening Federal efforts and interagency coordination to promote diverse and mission-driven community financial institutions.—

(1) SENIOR OFFICIALS DESIGNATED.—The Chairman of the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Chairman of the National Credit Union Administration, the Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation, and the Director of the Bureau of Consumer Financial Protection shall each, in consultation with their respective Director of Office of Minority and Women Inclusion, designate a senior official to be their respective agency’s officer responsible for promoting minority depository institutions, community development financial institutions, and minority lending institutions, including to fulfill obligations under section 308 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note) to preserve and promote minority depository institutions.

(2) INTERAGENCY WORKING GROUP.—The Department of the Treasury shall regularly convene meetings, no less than once a quarter, of an interagency working group to be known as the “Interagency Working Group to Promote Diverse and Mission-Driven Community Financial Institutions”, which shall consist of the senior officials designated by their respective agencies under paragraph (1), along with the Deputy Assistant Secretary for Diverse and Mission-Driven Community Financial Institutions, the Director of the Community Development Financial Institutions Fund, and such other government officials as the Secretary of the Treasury may choose to invite, to examine and discuss the state of minority depository institutions, community development financial institutions, and minority lending institutions, and actions the relevant agencies can take to preserve, promote, and strengthen these institutions.

(3) PROMOTING FAIR HOUSING AND COLLECTIVE OWNERSHIP OPPORTUNITIES.—

(A) INITIAL REPORT.—Not later than 18 months after the date of the enactment of this subsection, the Secretary of Treasury, jointly with the Secretary of Housing and Urban Development, shall issue a report to the covered agencies and the Congress examining different ways financial institutions, including community development financial institutions, can affirmatively further fair housing and be encouraged and incentivized to carry out activities that expand long-term wealth-building opportunities within low-income and minority communities that support collective ownership opportunities, including through investments in worker cooperatives, consumer cooperatives, community land trusts, not-for-profit-led shared equity homeownership, and limited-equity cooperatives, and to provide recommendations to the covered agencies and the Congress in the furtherance of these objectives.

(B) PROGRESS UPDATES.—Beginning not later than three years after the date of the enactment of this subsection, and every five years thereafter, the Secretary of the Treasury and the Secretary of Housing and Urban Development shall, after receiving the necessary updates from the covered agencies, issue a report examining the progress made on implementing relevant recommendations, and providing any additional recommendations to the covered agencies and the Congress in furtherance of the objectives under subparagraph (A).

(C) COVERED AGENCIES.—For purposes of this subsection, the term “covered agencies” means the Community Development Financial Institutions Fund, the Department of Housing and Urban Development. the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the National Credit Union Administration, and the Federal Housing Finance Agency.

(4) ANNUAL REPORT TO CONGRESS.—Not later than 1 year after the date of the enactment of this subsection, and annually thereafter, the Secretary of the Treasury, the Chairman of the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Chairman of the National Credit Union Administration, the Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation, and the Director of the Bureau of Consumer Financial Protection shall submit a joint report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate regarding the work that has been done the prior year to preserve, promote, and strengthen community development financial institutions, minority depository institutions, and minority lending institutions, along with any policy recommendations on actions various government agencies and Congress should take to preserve, promote, and strengthen community development financial institutions, minority depository institutions, and minority lending institutions.

SEC. 6612. Capital investments, grants, and technology support for MDIs and CDFIs.

(a) Authorization of appropriation.—There is authorized to be appropriated to the Emergency Capital Investment Fund $4,000,000,000. Such funds may be used for administrative expenses of the Department of the Treasury.

(b) Conforming amendments to allow for additional purchases of capital.—Section 104A of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4703a) is amended—

(1) in subsection (c), by striking paragraph (2); and

(2) in subsection (e), by striking paragraph (2).

(c) Use of funds for CDFI financial and technical assistance.—Section 104A of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4703a) is amended by adding at the end the following:

“(p) Use of funds for CDFI financial and technical assistance.—The Secretary shall transfer no less than $1,000,000,000 in the Emergency Capital Investment Fund to the Fund for the purpose of providing financial and technical assistance grants to community development financial institutions certified by the Secretary. The Fund shall provide such grants using a formula that takes into account criteria such as certification status, financial and compliance performance, portfolio and balance sheet strength, diversity of CDFI business model types, and program capacity.”.

(d) Technology grants for MDIs and CDFIs.—

(1) STUDY AND REPORT ON CERTAIN TECHNOLOGY CHALLENGES.—

(A) STUDY.—The Secretary of the Treasury shall carry out a study on the technology challenges impacting minority depository institutions and community development financial institutions with respect to—

(i) internal technology capabilities and capacity of the institutions to process loan applications and otherwise serve current and potential customers through the internet, mobile phone applications, and other tools;

(ii) technology capabilities and capacity of the institutions, provided in partnership with third party companies, to process loan applications and otherwise serve current and potential customers through the internet, mobile phone applications, and other tools;

(iii) cybersecurity; and

(iv) challenges and solutions related to algorithmic bias in the deployment of technology.

(B) REPORT.—Not later than 18 months after the date of the enactment of this subsection, the Secretary shall submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate that includes the results of the study required under subparagraph (A).

(2) TECHNOLOGY GRANT PROGRAM.—

(A) PROGRAM AUTHORIZED.—The Secretary shall carry out a technology grant program to make grants to minority depository institutions and community development financial institutions to address technology challenges impacting such institutions.

(B) APPLICATION.—To be eligible to be awarded a grant under this paragraph, a minority depository institution or community development financial institution shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.

(C) USE OF FUNDS.—A minority depository institution or community development financial institution that is awarded a grant under this paragraph may use the grant funds to—

(i) enhance or adopt technologies that—

(I) shorten loan approval processes;

(II) improve customer experience;

(III) provide additional services to customers;

(IV) facilitate compliance with applicable laws, regulations, and program requirements, including testing to ensure that the use of technology does not result in discrimination, and helping to satisfy data reporting requirements;

(V) help ensure privacy of customer records and cybersecurity resilience; and

(VI) reduce the unbanked and underbanked population; or

(ii) carry out such other activities as the Secretary determines appropriate.

(3) FUNDING.—The Secretary may use amounts in the Emergency Capital Investment Fund to implement and make grants under paragraph (2), but not to exceed $250,000,000 in the aggregate.

(4) DEFINITIONS.—In this subsection, the terms “community development financial institution” and “minority depository institution” have the meaning given those terms, respectively, under section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4702).

(e) Pilot program for establishing de novo CDFIs and MDIs.—

(1) IN GENERAL.—The Secretary of the Treasury, in consultation with the Fund and the appropriate Federal banking agencies, shall establish a pilot program to provide competitive grants to a person for the purpose of providing capital for such person to establish a minority depository institution or a community development financial institution.

(2) APPLICATION.—A person desiring a grant under this subsection shall submit to the Secretary an application in such form and containing such information as the Secretary determines appropriate.

(3) DISBURSEMENT.—Before disbursing grant amounts to a person selected to receive a grant under this subsection, the Secretary shall ensure that such person has received approval from the appropriate Federal banking agency (or such other Federal or State agency from whom approval is required) to establish a minority depository institution or a community development financial institution, as applicable.

(4) FUNDING.—The Secretary may use amounts in the Emergency Capital Investment Fund to implement and make grants under paragraph (2), but not to exceed $100,000,000 in the aggregate.

(5) DEFINITIONS.—In this subsection, the terms “appropriate Federal banking agency”, “community development financial institution”, “Fund”, and “minority depository institution” have the meaning given those terms, respectively, under section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4702).

(f) Guidance for subchapter S and mutual banks.—Not later than 30 days after the date of enactment of this Act, the Board of Governors of the Federal Reserve System and the Secretary shall issue guidance regarding how Emergency Capital Investment Program investments (whether made before or after the date of enactment of this Act) are considered for purposes of various prudential requirements, including debt to equity, leverage ratio, and double leverage ratio requirements with respect to subchapter S and mutual bank recipients of such investments.

(g) Collection of Data.—Section 111 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4710) is amended—

(1) by striking “The Fund” and inserting the following:

“(a) In general.—The Fund”; and

(2) by adding at the end the following:

“(b) Collection of certain data by CDFIs.—Notwithstanding the Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.)—

“(1) a community development financial institution may collect data described in section 701(a)(1) of that Act (15 U.S.C. 1691(a)(1)) from borrowers and applicants for credit for the sole purpose and exclusive use to ensure that targeted populations and low-income residents of investment areas are adequately served and to report the level of service provided to such populations and areas to the Fund; and

“(2) a community development financial institution that collects the data described in paragraph (1) shall not be subject to adverse action related to that collection by the Bureau of Consumer Financial Protection or any other Federal agency.”.

SEC. 6613. Supporting Young Entrepreneurs Program.

Section 108 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4707), as amended by section 331(a)(1), is further amended by adding at the end the following:

“(j) Supporting Young Entrepreneurs Program.—

“(1) IN GENERAL.—The Fund shall establish a Supporting Young Entrepreneurs Program under which the Fund may provide financial awards to the community development financial institutions that the Fund determines have the best programs to help young entrepreneurs get the start up capital needed to start a small business, with a focus on supporting young women entrepreneurs, entrepreneurs who are Black, Hispanic, Asian or Pacific Islander, and Native American or Native Alaskan and other historically underrepresented groups or first time business owners.

“(2) NO MATCHING REQUIREMENT.—The matching requirement under subsection (e) shall not apply to awards made under this subsection.

“(3) FUNDING.—In carrying out this subsection, the Fund may use—

“(A) amounts in the Emergency Capital Investment Fund, but not to exceed $100,000,000 in the aggregate; and

“(B) such other funds as may be appropriated by Congress to the Fund to carry out the Supporting Young Entrepreneurs Program.”.

SEC. 6614. Map of minority depository institutions and community development financial institutions.

(a) In general.—The Secretary of the Treasury, in consultation with the CDFI Fund and the Federal banking agencies, shall establish an interactive, searchable map showing the geographic locations of the headquarters and branch locations of minority depository institutions, which shall be provided by the Federal banking agencies, and community development financial institutions that have been certified by the Secretary, including breakdowns by each State (including the District of Columbia and each territory of the United States), Tribal government entity, and congressional district. Such map shall also provide a link to the website of each such minority depository institution and community development financial institution.

(b) Definitions.—In this section:

(1) CDFI FUND.—The term “CDFI Fund” means the Community Development Financial Institutions Fund established under section 104(a) of the Riegle Community Development and Regulatory Improvement Act of 1994.

(2) COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION.—The term “community development financial institution” has the meaning given in section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994.

(3) FEDERAL BANKING AGENCY.—The term “Federal banking agency”—

(A) has the meaning given in section 3 of the Federal Deposit Insurance Act; and

(B) means the National Credit Union Administration.

(4) MINORITY DEPOSITORY INSTITUTION.—The term “minority depository institution” has the meaning given in section 308(b) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989.

SEC. 6615. Report on certified community development financial institutions.

Section 117(a) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4716(a)) is amended—

(1) by striking “The Fund” and inserting the following:

“(1) IN GENERAL.—The Fund”;

(2) by striking “and the Congress” and inserting “, the Congress, and the public”; and

(3) by adding at the end the following:

“(2) REPORT ON CERTIFIED COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS.—The annual report required under paragraph (1) shall include a report on community development financial institutions (‘CDFIs’) that have been certified by the Secretary of the Treasury, including a summary with aggregate data and analysis, to the fullest extent practicable, regarding—

“(A) a list of the types of organizations that are certified as CDFIs, and the number of each type of organization;

“(B) the geographic location and capacity of different types of certified CDFIs, including overall impact breakdowns by each State (including the District of Columbia and each territory of the United States) and Tribal government entity;

“(C) the lines of business for different types of certified CDFIs;

“(D) human resources and staffing information for different types of certified CDFIs, including—

“(E) the types of development services provided by different types of certified CDFIs;

“(F) the target markets of different types of certified CDFIs and the amount of products and services offered by CDFIs to those target markets, including—

“(i) the number and amount of loans and loan guarantees made in those target markets;

“(ii) the number and amount of other investments made in those target markets; and

“(iii) the number and amount of development services offered in those target markets; and

“(G) such other information as the Director of the Fund may determine necessary to promote transparency of the impact of different types of CDFIs, while carrying out this report in a manner that seeks to minimize data reporting requirements from certified CDFIs when feasible, including utilizing information gathered from other regulators under section 104(l).”.

SEC. 6616. Consultation and minimization of data requests.

Section 104 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4703) is amended by adding at the end the following:

“(l) Consultation and minimization of data requests.—

“(1) IN GENERAL.—In carrying out its duties, the Fund shall—

“(A) periodically, and no less frequent than once a year, consult with the applicable Federal regulator of certified CDFIs and applicants to be a certified CDFI (‘applicants)’;

“(B) seek to gather any information necessary related to Fund certification and award decisions on certified CDFIs and applicants from the applicable Federal regulator, and such regulators shall use reasonable efforts to provide such information to the Fund, to minimize duplicative data collection requests made by the Fund of certified CDFIs and applicants and to expedite certification, award, or other relevant processes administered by the Fund.

“(2) APPLICABLE FEDERAL REGULATOR DEFINED.—In this subsection, the term ‘applicable Federal regulator’ means—

“(A) with respect to a certified CDFI or an applicant that is regulated by both an appropriate Federal banking agency and the Bureau of Consumer Financial Protection, the Bureau of Consumer Financial Protection;

“(B) with respect to a certified CDFI or an applicant that is not regulated by the Bureau of Consumer Financial Protection, the appropriate Federal banking agency for such applicant; or

“(C) the Bureau of Consumer Financial Protection, with respect to a certified CDFI or an applicant—

“(i) that is not regulated by an appropriate Federal banking agency; and

“(ii) that offers or provides consumer financial products or services (as defined in section 1002 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481).”.

SEC. 6617. Access to the discount window of the Federal Reserve System for MDIs and CDFIs.

Within 1 year after the date of enactment of this Act, the Board of Governors of the Federal Reserve System shall establish a process under which minority depository institutions and community development financial institutions may have access to the discount window, at the seasonal credit interest rate most recently published on the Federal Reserve Statistical Release on selected interest rates (daily or weekly).

SEC. 6618. Study on securitization by CDFIs.

(a) In general.—The Secretary of the Treasury, in consultation with the Community Development Financial Institutions Fund and such other Federal agencies as the Secretary determines appropriate, shall carry out a study on—

(1) the use of securitization by CDFIs;

(2) any barriers to the use of securitization as a source of liquidity by CDFIs; and

(3) any authorities available to the Government to support the use of securitization by CDFIs to the extent it helps serve underserved communities.

(b) Report.—Not later than the end of the 1-year period beginning on the date of enactment of this Act, the Secretary shall issue a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate containing—

(1) all findings and determinations made in carrying out the study required under subsection (a); and

(2) any legislative or administrative recommendations of the Secretary that would promote the responsible use of securitization to help CDFIs in reaching more underserved communities.

(c) CDFI defined.—The term “CDFI” has the meaning given the term “community development financial institution” under section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994.

SEC. 6621. Study and strategic plan.

(a) In general.—The Federal banking regulators shall jointly—

(1) conduct a study about the challenges faced by proposed depository institutions, including proposed minority depository institutions, seeking de novo depository institution charters; and

(2) submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate and publish publically, not later than 18 months after the date of the enactment of this section—

(A) an analysis based on the study conducted pursuant to paragraph (1);

(B) any findings from the study conducted pursuant to paragraph (1); and

(C) any legislative recommendations that the Federal banking regulators developed based on the study conducted pursuant to paragraph (1).

(b) Strategic plan.—

(1) IN GENERAL.—Not later than 18 months after the date of the enactment of this section, the Federal banking regulators shall jointly submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate and publish publically a strategic plan based on the study conducted pursuant to subsection (a) and designed to help proposed depository institutions (including proposed minority depository institutions) successfully apply for de novo depository institution charters in a manner that promotes increased availability of banking and financial services, safety and soundness, consumer protection, community reinvestment, financial stability, and a level playing field.

(2) CONTENTS OF STRATEGIC PLAN.—The strategic plan described in paragraph (1) shall—

(A) promote the chartering of de novo depository institutions, including—

(i) proposed minority depository institutions; and

(ii) proposed depository institutions that could be certified as community development financial institutions; and

(B) describe actions the Federal banking regulators may take that would increase the number of depository institutions located in geographic areas where consumers lack access to a branch of a depository institution.

(c) Public involvement.—When conducting the study and developing the strategic plan required by this section, the Federal banking regulators shall invite comments and other feedback from the public to inform the study and strategic plan.

(d) Definitions.—In this section:

(1) DEPOSITORY INSTITUTION.—The term “depository institution” has the meaning given in section 3 of the Federal Deposit Insurance Act, and includes a “Federal credit union” and a “State credit union” as such terms are defined, respectively, under section 101 of the Federal Credit Union Act.

(3) FEDERAL BANKING REGULATORS.—The term “Federal banking regulators” means the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the National Credit Union Administration, and the Director of the Bureau of Consumer Financial Protection.

SEC. 6631. Short title.

This subtitle may be cited as the “Ensuring Diversity in Community Banking Act”.

SEC. 6632. Sense of Congress on funding the loan-loss reserve fund for small dollar loans.

The sense of Congress is the following:

(1) The Community Development Financial Institutions Fund (the “CDFI Fund”) is an agency of the Department of the Treasury, and was established by the Riegle Community Development and Regulatory Improvement Act of 1994. The mission of the CDFI Fund is “to expand economic opportunity for underserved people and communities by supporting the growth and capacity of a national network of community development lenders, investors, and financial service providers”. A community development financial institution (a “CDFI”) is a specialized financial institution serving low-income communities and a Community Development Entity (a “CDE”) is a domestic corporation or partnership that is an intermediary vehicle for the provision of loans, investments, or financial counseling in low-income communities. The CDFI Fund certifies CDFIs and CDEs. Becoming a certified CDFI or CDE allows organizations to participate in various CDFI Fund programs as follows:

(A) The Bank Enterprise Award Program, which provides FDIC-insured depository institutions awards for a demonstrated increase in lending and investments in distressed communities and CDFIs.

(B) The CDFI Program, which provides Financial and Technical Assistance awards to CDFIs to reinvest in the CDFI, and to build the capacity of the CDFI, including financing product development and loan loss reserves.

(C) The Native American CDFI Assistance Program, which provides CDFIs and sponsoring entities Financial and Technical Assistance awards to increase lending and grow the number of CDFIs owned by Native Americans to help build capacity of such CDFIs.

(D) The New Market Tax Credit Program, which provides tax credits for making equity investments in CDEs that stimulate capital investments in low-income communities.

(E) The Capital Magnet Fund, which provides awards to CDFIs and nonprofit affordable housing organizations to finance affordable housing solutions and related economic development activities.

(F) The Bond Guarantee Program, a source of long-term, patient capital for CDFIs to expand lending and investment capacity for community and economic development purposes.

(2) The Department of the Treasury is authorized to create multi-year grant programs designed to encourage low-to-moderate income individuals to establish accounts at federally insured banks, and to improve low-to-moderate income individuals’ access to such accounts on reasonable terms.

(3) Under this authority, grants to participants in CDFI Fund programs may be used for loan-loss reserves and to establish small-dollar loan programs by subsidizing related losses. These grants also allow for the providing recipients with the financial counseling and education necessary to conduct transactions and manage their accounts. These loans provide low-cost alternatives to payday loans and other nontraditional forms of financing that often impose excessive interest rates and fees on borrowers, and lead millions of Americans to fall into debt traps. Small-dollar loans can only be made pursuant to terms, conditions, and practices that are reasonable for the individual consumer obtaining the loan.

(4) Program participation is restricted to eligible institutions, which are limited to organizations listed in section 501(c)(3) of the Internal Revenue Code and exempt from tax under 501(a) of such Code, federally insured depository institutions, community development financial institutions and State, local, or Tribal government entities.

(5) According to the CDFI Fund, some programs attract as much as $10 in private capital for every $1 invested by the CDFI Fund. The Administration and the Congress should prioritize appropriation of funds for the loan loss reserve fund and technical assistance programs administered by the Community Development Financial Institution Fund.

SEC. 6633. Definitions.

In this subtitle:

(1) COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION.—The term “community development financial institution” has the meaning given under section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4702).

(2) MINORITY DEPOSITORY INSTITUTION.—The term “minority depository institution” has the meaning given under section 308 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note), as amended by this Act.

SEC. 6634. Inclusion of women’s banks in the definition of minority depository institution.

Section 308(b)(1) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note) is amended—

(1) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively;

(2) by striking “means any” and inserting the following: “means—

“(A) any”; and

(3) in clause (iii) (as so redesignated), by striking the period at the end and inserting “; or”; and

(4) by inserting at the end the following new subparagraph:

“(B) any bank described in clause (i), (ii), or (iii) of section 19(b)(1)(A) of the Federal Reserve Act—

“(i) more than 50 percent of the outstanding shares of which are held by 1 or more women; and

“(ii) the majority of the directors on the board of directors of which are women.”.

SEC. 6635. Establishment of impact bank designation.

(a) In general.—Each Federal banking agency shall establish a program under which a depository institution with total consolidated assets of less than $10,000,000,000 may elect to be designated as an impact bank if the total dollar value of the loans extended by such depository institution to low-income borrowers is greater than or equal to 50 percent of the assets of such bank.

(b) Notification of eligibility.—Based on data obtained through examinations of depository institutions, the appropriate Federal banking agency shall notify a depository institution if the institution is eligible to be designated as an impact bank.

(c) Application.—Regardless of whether or not it has received a notice of eligibility under subsection (b), a depository institution may submit an application to the appropriate Federal banking agency—

(1) requesting to be designated as an impact bank; and

(2) demonstrating that the depository institution meets the applicable qualifications.

(d) Limitation on additional data requirements.—The Federal banking agencies may only impose additional data collection requirements on a depository institution under this section if such data is—

(1) necessary to process an application submitted by the depository institution to be designated an impact bank; or

(2) with respect to a depository institution that is designated as an impact bank, necessary to ensure the depository institution’s ongoing qualifications to maintain such designation.

(e) Removal of designation.—If the appropriate Federal banking agency determines that a depository institution designated as an impact bank no longer meets the criteria for such designation, the appropriate Federal banking agency shall rescind the designation and notify the depository institution of such rescission.

(f) Reconsideration of designation; appeals.—Under such procedures as the Federal banking agencies may establish, a depository institution may—

(1) submit to the appropriate Federal banking agency a request to reconsider a determination that such depository institution no longer meets the criteria for the designation; or

(2) file an appeal of such determination.

(g) Rulemaking.—Not later than 1 year after the date of the enactment of this Act, the Federal banking agencies shall jointly issue rules to carry out the requirements of this section, including by providing a definition of a low-income borrower.

(h) Reports.—Each Federal banking agency shall submit an annual report to the Congress containing a description of actions taken to carry out this section.

(i) Federal Deposit Insurance Act definitions.—In this section, the terms “depository institution”, “appropriate Federal banking agency”, and “Federal banking agency” have the meanings given such terms, respectively, in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813).

SEC. 6636. Minority Depositories Advisory Committees.

(a) Establishment.—Each covered regulator shall establish an advisory committee to be called the “Minority Depositories Advisory Committee”.

(b) Duties.—Each Minority Depositories Advisory Committee shall provide advice to the respective covered regulator on meeting the goals established by section 308 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note) to preserve the present number of covered minority institutions, preserve the minority character of minority-owned institutions in cases involving mergers or acquisitions, provide technical assistance, and encourage the creation of new covered minority institutions. The scope of the work of each such Minority Depositories Advisory Committee shall include an assessment of the current condition of covered minority institutions, what regulatory changes or other steps the respective agencies may be able to take to fulfill the requirements of such section 308, and other issues of concern to covered minority institutions.

(1) IN GENERAL.—Each Minority Depositories Advisory Committee shall consist of no more than 10 members, who—

(A) shall serve for one two-year term;

(B) shall serve as a representative of a depository institution or an insured credit union with respect to which the respective covered regulator is the covered regulator of such depository institution or insured credit union; and

(C) shall not receive pay by reason of their service on the advisory committee, but may receive travel or transportation expenses in accordance with section 5703 of title 5, United States Code.

(2) DIVERSITY.—To the extent practicable, each covered regulator shall ensure that the members of the Minority Depositories Advisory Committee of such agency reflect the diversity of covered minority institutions.

(d) Meetings.—

(1) IN GENERAL.—Each Minority Depositories Advisory Committee shall meet not less frequently than twice each year.

(2) NOTICE AND INVITATIONS.—Each Minority Depositories Advisory Committee shall—

(A) notify the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate in advance of each meeting of the Minority Depositories Advisory Committee; and

(B) invite the attendance at each meeting of the Minority Depositories Advisory Committee of—

(i) one member of the majority party and one member of the minority party of the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate; and

(ii) one member of the majority party and one member of the minority party of any relevant subcommittees of such committees.

(e) No termination of advisory committees.—The termination requirements under section 14 of the Federal Advisory Committee Act (5 U.S.C. app.) shall not apply to a Minority Depositories Advisory Committee established pursuant to this section.

(f) Definitions.—In this section:

(1) COVERED REGULATOR.—The term “covered regulator” means the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the National Credit Union Administration.

(2) COVERED MINORITY INSTITUTION.—The term “covered minority institution” means a minority depository institution (as defined in section 308(b) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note)).

(3) DEPOSITORY INSTITUTION.—The term “depository institution” has the meaning given under section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813).

(4) INSURED CREDIT UNION.—The term “insured credit union” has the meaning given in section 101 of the Federal Credit Union Act (12 U.S.C. 1752).

(g) Technical amendment.—Section 308(b) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note) is amended by adding at the end the following new paragraph:

“(3) DEPOSITORY INSTITUTION.—The term ‘depository institution’ means an ‘insured depository institution’ (as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)) and an insured credit union (as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752)).”.

SEC. 6637. Federal deposits in minority depository institutions.

(a) In general.—Section 308 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note) is amended—

(1) by adding at the end the following new subsection:

“(d) Federal deposits.—The Secretary of the Treasury shall ensure that deposits made by Federal agencies in minority depository institutions and impact banks are collateralized or insured, as determined by the Secretary. Such deposits shall include reciprocal deposits as defined in section 337.6(e)(2)(v) of title 12, Code of Federal Regulations (as in effect on March 6, 2019).”; and

(2) in subsection (b), as amended by section 6(g), by adding at the end the following new paragraph:

“(4) IMPACT BANK.—The term ‘impact bank’ means a depository institution designated by the appropriate Federal banking agency pursuant to section 6635 of the Ensuring Diversity in Community Banking Act.”.

(b) Technical amendments.—Section 308 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note) is amended—

(1) in the matter preceding paragraph (1), by striking “section—” and inserting “section:”; and

(2) in the paragraph heading for paragraph (1), by striking “financial” and inserting “depository”.

SEC. 6638. Minority Bank Deposit Program.

(a) In general.—Section 1204 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811 note) is amended to read as follows:

“SEC. 1204. Expansion of use of minority depository institutions.

“(a) Minority Bank Deposit Program.—

“(1) ESTABLISHMENT.—There is established a program to be known as the ‘Minority Bank Deposit Program’ to expand the use of minority depository institutions.

“(2) ADMINISTRATION.—The Secretary of the Treasury, acting through the Fiscal Service, shall—

“(A) on application by a depository institution or credit union, certify whether such depository institution or credit union is a minority depository institution;

“(B) maintain and publish a list of all depository institutions and credit unions that have been certified pursuant to subparagraph (A); and

“(C) periodically distribute the list described in subparagraph (B) to—

“(i) all Federal departments and agencies;

“(ii) interested State and local governments; and

“(iii) interested private sector companies.

“(3) INCLUSION OF CERTAIN ENTITIES ON LIST.—A depository institution or credit union that, on the date of the enactment of this section, has a current certification from the Secretary of the Treasury stating that such depository institution or credit union is a minority depository institution shall be included on the list described under paragraph (2)(B).

“(b) Expanded Use Among Federal Departments and Agencies.—

“(1) IN GENERAL.—Not later than 1 year after the establishment of the program described in subsection (a), the head of each Federal department or agency shall develop and implement standards and procedures to prioritize, to the maximum extent possible as permitted by law and consistent with principles of sound financial management, the use of minority depository institutions to hold the deposits of each such department or agency.

“(2) REPORT TO CONGRESS.—Not later than 2 years after the establishment of the program described in subsection (a), and annually thereafter, the head of each Federal department or agency shall submit to Congress a report on the actions taken to increase the use of minority depository institutions to hold the deposits of each such department or agency.

“(c) Definitions.—For purposes of this section:

“(1) CREDIT UNION.—The term ‘credit union’ has the meaning given the term ‘insured credit union’ in section 101 of the Federal Credit Union Act (12 U.S.C. 1752).

“(2) DEPOSITORY INSTITUTION.—The term ‘depository institution’ has the meaning given in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813).

“(3) MINORITY DEPOSITORY INSTITUTION.—The term ‘minority depository institution’ has the meaning given that term under section 308 of this Act.”.

(b) Conforming Amendments.—The following provisions are amended by striking “1204(c)(3)” and inserting “1204(c)”:

(1) Section 808(b)(3) of the Community Reinvestment Act of 1977 (12 U.S.C. 2907(b)(3)).

(2) Section 40(g)(1)(B) of the Federal Deposit Insurance Act (12 U.S.C. 1831q(g)(1)(B)).

(3) Section 704B(h)(4) of the Equal Credit Opportunity Act (15 U.S.C. 1691c–2(h)(4)).

SEC. 6639. Diversity report and best practices.

(a) Annual report.—Each covered regulator shall submit to Congress an annual report on diversity including the following:

(1) Data, based on voluntary self-identification, on the racial, ethnic, and gender composition of the examiners of each covered regulator, disaggregated by length of time served as an examiner.

(2) The status of any examiners of covered regulators, based on voluntary self-identification, as a veteran.

(3) Whether any covered regulator, as of the date on which the report required under this section is submitted, has adopted a policy, plan, or strategy to promote racial, ethnic, and gender diversity among examiners of the covered regulator.

(4) Whether any special training is developed and provided for examiners related specifically to working with depository institutions and credit unions that serve communities that are predominantly minorities, low income, or rural, and the key focus of such training.

(b) Best practices.—Each Office of Minority and Women Inclusion of a covered regulator shall develop, provide to the head of the covered regulator, and make publicly available best practices—

(1) for increasing the diversity of candidates applying for examiner positions, including through outreach efforts to recruit diverse candidate to apply for entry-level examiner positions; and

(2) for retaining and providing fair consideration for promotions within the examiner staff for purposes of achieving diversity among examiners.

(c) Covered regulator defined.—In this section, the term “covered regulator” means the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the National Credit Union Administration.

SEC. 6640. Investments in minority depository institutions and impact banks.

(a) Control for certain institutions.—Section 7(j)(8)(B) of the Federal Deposit Insurance Act (12 U.S.C. 1817(j)(8)(B)) is amended to read as follows:

“(B) ‘control’ means the power, directly or indirectly—

“(i) to direct the management or policies of an insured depository institution; or

“(ii) (I) with respect to an insured depository institution, of a person to vote 25 per centum or more of any class of voting securities of such institution; or

“(II) with respect to an insured depository institution that is an impact bank (as designated pursuant to section 6635 of the Ensuring Diversity in Community Banking Act) or a minority depository institution (as defined in section 308(b) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989), of an individual to vote 30 percent or more of any class of voting securities of such an impact bank or a minority depository institution.”.

(b) Rulemaking.—The Federal banking agencies (as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)) shall jointly issue rules for de novo minority depository institutions and de novo impact banks (as designated pursuant to section 6635) to allow 3 years to meet the capital requirements otherwise applicable to minority depository institutions and impact banks.

(c) Report.—Not later than 1 year after the date of the enactment of this Act, the Federal banking agencies shall jointly submit to Congress a report on—

(1) the principal causes for the low number of de novo minority depository institutions during the 10-year period preceding the date of the report;

(2) the main challenges to the creation of de novo minority depository institutions and de novo impact banks; and

(3) regulatory and legislative considerations to promote the establishment of de novo minority depository institutions and de novo impact banks.

SEC. 6641. Report on covered mentor-protege programs.

(a) Report.—Not later than 6 months after the date of the enactment of this Act and annually thereafter, the Secretary of the Treasury shall submit to Congress a report on participants in a covered mentor-protege program, including—

(1) an analysis of outcomes of such program;

(2) the number of minority depository institutions that are eligible to participate in such program but do not have large financial institution mentors; and

(3) recommendations for how to match such minority depository institutions with large financial institution mentors.

(b) Definitions.—In this section:

(1) COVERED MENTOR-PROTEGE PROGRAM.—The term “covered mentor-protege program” means a mentor-protege program established by the Secretary of the Treasury pursuant to section 45 of the Small Business Act (15 U.S.C. 657r).

(2) LARGE FINANCIAL INSTITUTION.—The term “large financial institution” means any entity—

(A) regulated by the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, or the National Credit Union Administration; and

(B) that has total consolidated assets greater than or equal to $50,000,000,000.

SEC. 6642. Custodial deposit program for covered minority depository institutions and impact banks.

(a) In general.—Not later than one year after the date of the enactment of this Act, the Secretary of the Treasury shall issue rules establishing a custodial deposit program under which a covered bank may receive deposits from a qualifying account.

(b) Requirements.—In issuing rules under subsection (a), the Secretary of the Treasury shall—

(1) consult with the Federal banking agencies;

(2) ensure each covered bank participating in the program established under this section—

(A) has appropriate policies relating to management of assets, including measures to ensure the safety and soundness of each such covered bank; and

(B) is compliant with applicable law; and

(3) ensure, to the extent practicable that the rules do not conflict with goals described in section 308(a) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note).

(1) DEPOSITS.—With respect to the funds of an individual qualifying account, an entity may not deposit an amount greater than the insured amount in a single covered bank.

(2) TOTAL DEPOSITS.—The total amount of funds deposited in a covered bank under the custodial deposit program described under this section may not exceed the lesser of—

(A) 10 percent of the average amount of deposits held by such covered bank in the previous quarter; or

(B) $100,000,000 (as adjusted for inflation).

(d) Report.—Each quarter, the Secretary of the Treasury shall submit to Congress a report on the implementation of the program established under this section including information identifying participating covered banks and the total amount of deposits received by covered banks under the program, including breakdowns by each State (including the District of Columbia and each territory of the United States) and Tribal government entity.

(e) Definitions.—In this section:

(1) COVERED BANK.—The term “covered bank” means—

(A) a minority depository institution that is well capitalized, as defined by the appropriate Federal banking agency; or

(B) a depository institution designated pursuant to section 4935 that is well capitalized, as defined by the appropriate Federal banking agency.

(2) INSURED AMOUNT.—The term “insured amount” means the amount that is the greater of—

(A) the standard maximum deposit insurance amount (as defined in section 11(a)(1)(E) of the Federal Deposit Insurance Act (12 U.S.C. 1821(a)(1)(E))); or

(B) such higher amount negotiated between the Secretary of the Treasury and the Federal Deposit Insurance Corporation under which the Corporation will insure all deposits of such higher amount.

(3) FEDERAL BANKING AGENCIES.—The terms “appropriate Federal banking agency” and “Federal banking agencies” have the meaning given those terms, respectively, under section 3 of the Federal Deposit Insurance Act.

(4) QUALIFYING ACCOUNT.—The term “qualifying account” means any account established in the Department of the Treasury that—

(A) is controlled by the Secretary; and

(B) is expected to maintain a balance greater than $200,000,000 for the following 24-month period.

SEC. 6643. Streamlined community development financial institution applications and reporting.

(a) Application processes.—Not later than 12 months after the date of the enactment of this Act and with respect to any person having assets under $3,000,000,000 that submits an application for deposit insurance with the Federal Deposit Insurance Corporation that could also become a community development financial institution, the Federal Deposit Insurance Corporation, in consultation with the Administrator of the Community Development Financial Institutions Fund, shall—

(1) develop systems and procedures to record necessary information to allow the Administrator to conduct preliminary analysis for such person to also become a community development financial institution; and

(2) develop procedures to streamline the application and annual certification processes and to reduce costs for such person to become, and maintain certification as, a community development financial institution.

(b) Implementation report.—Not later than 18 months after the date of the enactment of this Act, the Federal Deposit Insurance Corporation shall submit to Congress a report describing the systems and procedures required under subsection (a).

(1) IN GENERAL.—Section 17(a)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1827(a)(1)) is amended—

(A) in subparagraph (E), by striking “and” at the end;

(B) by redesignating subparagraph (F) as subparagraph (G);

“(F) applicants for deposit insurance that could also become a community development financial institution (as defined in section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994), a minority depository institution (as defined in section 308 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989), or an impact bank (as designated pursuant to section 6635 of the Ensuring Diversity in Community Banking Act); and”.

(2) APPLICATION.—The amendment made by this subsection shall apply with respect to the first report to be submitted after the date that is 2 years after the date of the enactment of this Act.

SEC. 6644. Task force on lending to small business concerns.

(a) In general.—Not later than 6 months after the date of the enactment of this Act, the Administrator of the Small Business Administration shall establish a task force to examine methods for improving relationships between the Small Business Administration and community development financial institutions, minority depository institutions, and impact banks (as designated pursuant to section 6635) to increase the volume of loans provided by such institutions to small business concerns (as defined under section 3 of the Small Business Act (15 U.S.C. 632)).

(b) Report to Congress.—Not later than 18 months after the establishment of the task force described in subsection (a), the Administrator of the Small Business Administration shall submit to Congress a report on the findings of such task force.

SEC. 6645. Discretionary surplus fund.

(a) In general.—Subparagraph (A) of section 7(a)(3) of the Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is amended by reducing the dollar figure described in such subparagraph by $1,920,000,000.

(b) Effective date.—The amendment made by subsection (a) shall take effect on September 30, 2022.

SEC. 6651. Establishment of Financial Agent Mentor-Protégé Program.

(a) In general.—Section 308 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note) is amended by adding at the end the following new subsection:

“(d) Financial Agent Mentor-Protégé Program.—

“(1) IN GENERAL.—The Secretary of the Treasury shall establish a program to be known as the ‘Financial Agent Mentor-Protégé Program’ (in this subsection referred to as the ‘Program’) under which a financial agent designated by the Secretary or a large financial institution may serve as a mentor, under guidance or regulations prescribed by the Secretary, to a small financial institution to allow such small financial institution—

“(A) to be prepared to perform as a financial agent; or

“(B) to improve capacity to provide services to the customers of the small financial institution.

“(2) OUTREACH.—The Secretary shall hold outreach events to promote the participation of financial agents, large financial institutions, and small financial institutions in the Program at least once a year.

“(3) EXCLUSION.—The Secretary shall issue guidance or regulations to establish a process under which a financial agent, large financial institution, or small financial institution may be excluded from participation in the Program.

“(4) REPORT.—The Office of Minority and Women Inclusion of the Department of the Treasury shall include in the report submitted to Congress under section 342(e) of the Dodd-Frank Wall Street Reform and Consumer Protection Act information pertaining to the Program, including—

“(A) the number of financial agents, large financial institutions, and small financial institutions participating in such Program, including breakdowns by each State (including the District of Columbia and each territory of the United States), Tribal government entity, and congressional district; and

“(B) the number of outreach events described in paragraph (2) held during the year covered by such report.

“(5) DEFINITIONS.—In this subsection:

“(A) FINANCIAL AGENT.—The term ‘financial agent’ means any national banking association designated by the Secretary of the Treasury to be employed as a financial agent of the Government.

“(B) LARGE FINANCIAL INSTITUTION.—The term ‘large financial institution’ means any entity regulated by the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, or the National Credit Union Administration that has total consolidated assets greater than or equal to $50,000,000,000.

“(C) SMALL FINANCIAL INSTITUTION.—The term ‘small financial institution’ means—

“(i) any entity regulated by the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, or the National Credit Union Administration that has total consolidated assets lesser than or equal to $2,000,000,000; or

“(ii) a minority depository institution.”.

(b) Effective date.—This section and the amendments made by this section shall take effect 90 days after the date of the enactment of this Act.

SEC. 6661. Sense of Congress.

It is the sense of Congress that the authority to guarantee bonds under section 114A of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4713a) (commonly referred to as the “CDFI Bond Guarantee Program”) provides community development financial institutions with a sustainable source of long-term capital and furthers the mission of the Community Development Financial Institutions Fund (established under section 104(a) of such Act (12 U.S.C. 4703(a)) to increase economic opportunity and promote community development investments for underserved populations and distressed communities in the United States.

SEC. 6662. Guarantees for bonds and notes issued for community or economic development purposes.

Section 114A of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4713a) is amended—

(1) in subsection (c)(2), by striking “, multiplied by an amount equal to the outstanding principal balance of issued notes or bonds”;

(2) in subsection (e)(2)(B), by striking “$100,000,000” and inserting “$25,000,000”; and

(3) in subsection (k), by striking “September 30, 2014” and inserting “the date that is 4 years after the date of enactment of the Promoting and Advancing Communities of Color Through Inclusive Lending Act”.

SEC. 6663. Report on the CDFI bond guarantee program.

Not later than 1 year after the date of enactment of this Act, and not later than 3 years after such date of enactment, the Secretary of the Treasury shall issue a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on the effectiveness of the CDFI bond guarantee program established under section 114A of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4713a).

SEC. 6701. Nonprofit security grant program improvement.

(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 “and threats” before the period at the end;

(2) in subsection (b)—

(A) in the matter preceding paragraph (1), by striking “this subsection (a)” and inserting “this subsection”; and

(B) by amending paragraph (2) to read as follows:

“(2) determined by the Secretary to be at risk of terrorist attacks and 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, including costs associated with contracted security.

“(D) Expenses directly related to the administration of the grant, except that such expenses may not exceed five percent of the amount of the grant.”; and

(E) by adding at the end the following new paragraph:

“(2) RETENTION.—Each State through which a recipient receives a grant under this section may retain up to five percent of each grant for expenses directly related to the administration of the grant.”;

(4) in subsection (e)—

(A) by striking “2020 through 2024” and inserting “2022 through 2028”; and

(B) by adding at the end the following new sentence: “Each such report shall also include information on the number of applications submitted by eligible nonprofit organizations to each State, the number of applications submitted by each State to the Administrator, and the operations of the Nonprofit Security Grant Program Office, including staffing resources and efforts with respect to subparagraphs (A) through (E) of subsection (c)(1).”;

(5) by redesignating subsection (f) as subsection (j);

(6) by inserting after subsection (e) the following new subsections:

“(f) Administration.—Not later than 120 days after the date of the enactment of this subsection, the Administrator shall establish within the Federal Emergency Management Agency a program office for the Program (in this section referred to as the ‘program office’). The program office shall be headed by a senior official of the Agency. The Administrator shall administer the Program (including, where appropriate, in coordination with States), including relating to the following:

“(1) Outreach, engagement, education, and technical assistance and support to eligible nonprofit organizations described in subsection (b), with particular attention to such organizations in underserved communities, prior to, 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.

“(2) Establishment of mechanisms to ensure program office processes are conducted in accordance with constitutional, statutory, regulatory, and other legal and agency policy requirements that protect civil rights and civil liberties and, to the maximum extent practicable, advance equity for members of underserved communities.

“(3) Establishment of mechanisms for the Administrator to provide feedback to eligible nonprofit organizations that do not receive grants.

“(4) Establishment of mechanisms to collect data to measure the effectiveness of grants under the Program.

“(5) 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.

“(6) Carrying out efforts to prevent waste, fraud, and abuse, including through audits of grantees.

“(g) Grant guidelines.—For each fiscal year, prior to awarding grants under this section, the Administrator—

“(1) shall publish guidelines, including a notice of funding opportunity or similar announcement, as the Administrator determines appropriate; and

“(2) may prohibit States from closing application processes prior to the publication of such guidelines.

“(h) Allocation requirements.—

“(1) IN GENERAL.—In awarding grants under this section, the Administrator shall ensure that—

“(A) 50 percent of amounts appropriated pursuant to the authorization of appropriations under subsection (k) is provided to eligible recipients located in high-risk urban areas that receive funding under section 2003 in the current fiscal year or received such funding in any of the preceding ten fiscal years, inclusive of any amounts States may retain pursuant to paragraph (2) of subsection (c); and

“(B) 50 percent of amounts appropriated pursuant to the authorizations of appropriations under subsection (k) is provided to eligible recipients located in jurisdictions not receiving funding under section 2003 in the current fiscal year or have not received such funding in any of the preceding ten fiscal years, inclusive of any amounts States may retain pursuant to paragraph (2) of subsection (c).

“(2) EXCEPTION.—Notwithstanding paragraph (1), the Administrator may allocate a different percentage if the Administrator does not receive a sufficient number of applications from eligible recipients to meet the allocation percentages described in either subparagraph (A) or (B) of such paragraph. If the Administrator exercises the authorization under this paragraph, the Administrator shall, not later than 30 days after such exercise, report to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate regarding such exercise.

“(i) 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.”;

(7) in subsection (j), as so redesignated—

(A) in paragraph (1), by striking “$75 million for each of fiscal years 2020 through 2024” and inserting “$75,000,000 for fiscal year 2023 and $500,000,000 for each of fiscal years 2024 through 2028”; and

(B) by amending paragraph (2) to read as follows:

“(2) OPERATIONS AND MAINTENANCE.—Of the amounts authorized to be appropriated pursuant to paragraph (1), not more than five percent is authorized—

“(A) to operate the program office; and

“(B) for other costs associated with the management, administration, and evaluation of the Program.”; and

(8) by adding at the end the following new subsection:

“(k) Treatment.—Nonprofit organizations determined by the Secretary to be at risk of extremist attacks other than terrorist attacks and threats under subsection (a) are deemed to satisfy the conditions specified in subsection (b) if protecting such organizations against such other extremist attacks would help protect such organizations against such terrorist attacks and threats.”.

(b) Plan.—Not later than 90 days after the date of the enactment of this Act, the Administrator of the Federal Emergency Management Agency 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 plan for the administration of the program office for the Nonprofit Security Grant Program established under subsection (f) of section 2009 of the Homeland Security Act 2002 (6 U.S.C. 609a), as amended by subsection (a), including a staffing plan for such program office.

(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 “sections 2003, 2004, or 2009”.

SEC. 6702. National Computer Forensics Institute reauthorization.

(a) In general.—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 “2022” and inserting “2032”; 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, judges, participants in the United States Secret Service’s network of cyber fraud task forces, and other appropriate individuals 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 Department guidance regarding privacy, civil rights, and civil liberties protections.”;

(2) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively;

(3) by striking subsection (b) and inserting the following new subsections:

“(b) Curriculum.—In furtherance of subsection (a), all education and training of the Institute shall be conducted in accordance with relevant Federal law and policy regarding privacy, civil rights, and civil liberties protections, including best practices for safeguarding data privacy and fair information practice principles. 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.

“(c) Research and development.—In furtherance of subsection (a), the Institute shall research, develop, and share information relating to investigating cybersecurity incidents, electronic crimes, and related cybersecurity threats that prioritize best practices for forensic examinations of computers, mobile devices, and other information systems. Such information may include training on methods to investigate ransomware and other threats involving the use of digital assets.”;

(4) in subsection (d), as so redesignated—

(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: “The Institute shall prioritize providing education and training to individuals from geographically-diverse jurisdictions throughout the United States.”;

(5) in subsection (e), as so redesignated—

(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, related cybersecurity threats, and for forensic examinations of computers, mobile devices, and other information systems”;

(6) in subsection (f), as so redesignated—

(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”;

(7) by redesignating subsection (g), as redesignated pursuant to paragraph (2), as subsection (j); and

(8) by inserting after subsection (f), as so redesignated, 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.—The Secretary shall include in the annual report required pursuant to section 1116 of title 31, United States Code, information regarding the activities of the Institute, including relating to the following:

“(1) Activities of the Institute, including, where possible, an identification of jurisdictions with recipients of education and training provided pursuant to subsection (a) of this section during such year and information relating to the costs associated with such education and training.

“(2) Any information regarding projected future demand for such education and training.

“(3) Impacts of the Institute’s activities on jurisdictions’ capability to investigate and prevent cybersecurity incidents, electronic crimes, and related cybersecurity threats.

“(4) A description of the nomination process for State, local, territorial, and Tribal law enforcement officers, prosecutors, judges, participants in the United States Secret Service’s network of cyber fraud task forces, and other appropriate individuals to receive the education and training provided pursuant to subsection (a).

“(5) Any other issues determined relevant by the Secretary.

“(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))).”.

(b) Guidance from the Privacy Officer and Civil Rights and Civil Liberties Officer.—The Privacy Officer and the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security shall provide guidance, upon the request of the Director of the United States Secret Service, regarding the functions specified in subsection (b) of section 822 of the Homeland Security Act of 2002 (6 U.S.C. 383), as amended by subsection (a).

(c) Template for information collection from participating jurisdictions.—Not later than 180 days after the date of the enactment of this Act, the Director of the United States Secret Service shall develop and disseminate to jurisdictions that are recipients of education and training provided by the National Computer Forensics Institute pursuant to subsection (a) of section 822 of the Homeland Security Act of 2002 (6 U.S.C. 383), as amended by subsection (a), a template to permit each such jurisdiction to submit to the Director reports on the impacts on such jurisdiction of such education and training, including information on the number of digital forensics exams conducted annually. The Director shall, as appropriate, revise such template and disseminate to jurisdictions described in this subsection any such revised templates.

(d) Requirements analysis.—

(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Director of the United States Secret Service shall carry out a requirements analysis of approaches to expand capacity of the National Computer Forensics Institute to carry out the Institute’s mission as set forth in subsection (a) of section 822 of the Homeland Security Act of 2002 (6 U.S.C. 383), as amended by subsection (a).

(2) SUBMISSION.—Not later than 90 days after completing the requirements analysis under paragraph (1), the Director of the United States Secret Service shall submit to Congress such analysis, together with a plan to expand the capacity of the National Computer Forensics Institute to provide education and training described in such subsection. Such analysis and plan shall consider the following:

(A) Expanding the physical operations of the Institute.

(B) Expanding the availability of virtual education and training to all or a subset of potential recipients of education and training from the Institute.

(e) Research and development.—The Director of the United States Secret Service may coordinate with the Under Secretary for Science and Technology of the Department of Homeland Security to carry out research and development of systems and procedures to enhance the National Computer Forensics Institute’s capabilities and capacity to carry out the Institute’s mission as set forth in subsection (a) of section 822 of the Homeland Security Act of 2002 (6 U.S.C. 383), as amended by subsection (a).

SEC. 6703. Homeland security capabilities preservation.

(a) Plan.—

(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Administrator of the Federal Emergency Management Agency, 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 plan, informed by the survey information collected pursuant to subsection (b), to make Federal assistance available for at least three consecutive fiscal years to certain urban areas that in the current fiscal year did not receive grant funding under the Urban Area Security Initiative under section 2003 of the Homeland Security Act of 2002 (6 U.S.C. 604) and require continued Federal assistance for the purpose of preserving a homeland security capability related to preventing, preparing for, protecting against, and responding to acts of terrorism that had been developed or otherwise supported through prior grant funding under such Initiative and allow for such urban areas to transition to such urban areas costs of preserving such homeland security capabilities.

(2) ADDITIONAL REQUIREMENT.—The plan required under paragraph (1) shall also contain a prohibition on an urban area that in a fiscal year is eligible to receive Federal assistance described in such paragraph from also receiving grant funding under the Urban Area Security Initiative under section 2003 of the Homeland Security Act of 2002. In such a case, such plan shall require such an urban area to promptly notify the Administrator of the Federal Emergency Management Agency regarding the preference of such urban area to retain either—

(A) such eligibility for such Federal assistance; or

(B) such receipt of such grant funding.

(b) Survey.—In developing the plan required under subsection (a), the Administrator of the Federal Emergency Management Agency, shall, to ascertain the scope of Federal assistance required, survey urban areas that—

(1) did not receive grant funding under the Urban Area Security Initiative under section 2003 of the Homeland Security Act of 2002 in the current fiscal year concerning homeland security capabilities related to preventing, preparing for, protecting against, and responding to acts of terrorism that had been developed or otherwise supported through funding under such Initiative that are at risk of being reduced or eliminated without such Federal assistance;

(2) received such funding in the current fiscal year, but did not receive such funding in at least one fiscal year in the six fiscal years immediately preceding the current fiscal year; and

(3) any other urban areas the Secretary determines appropriate.

(c) Exemption.—The Secretary of Homeland Security may exempt the Federal Emergency Management Agency 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 (b) if the Secretary determines that complying with such requirements would delay the development of the plan required under subsection (a).

(d) Contents.—The plan required under subsection (a) shall—

(1) establish eligibility criteria for urban areas to receive Federal assistance pursuant to such plan to provide assistance for the purpose described in such subsection;

(2) identify annual funding levels for such Federal assistance in accordance with the survey required under subsection (b); and

(3) consider a range of approaches to make such Federal assistance available to such urban areas, including—

(A) modifications to the Urban Area Security Initiative under section 2003 of the Homeland Security Act of 2002 in a manner that would not affect the availability of funding to urban areas under such Initiative;

(B) the establishment of a competitive grant program;

(D) a timeline for the implementation of any such approach and, if necessary, a legislative proposal to authorize any such approach.

SEC. 6704. School and daycare protection.

(a) In general.—Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) is amended by adding at the end the following new section:

“SEC. 714. School security coordinating council.

“(a) Establishment.—There is established in the Department a coordinating council to ensure that, to the maximum extent practicable, activities, plans, and policies to enhance the security of early childhood education programs, elementary schools, high schools, and secondary schools against acts of terrorism and other homeland security threats are coordinated.

“(b) Composition.—The members of the council established pursuant to subsection (a) shall include the following:

“(1) The Under Secretary for Strategy, Policy, and Plans.

“(2) The Director of the Cybersecurity and Infrastructure Security.

“(3) The Administrator of the Federal Emergency Management Agency.

“(4) The Director of the Secret Service.

“(5) The Executive Director of the Office of Academic Engagement.

“(6) The Assistant Secretary for Public Affairs.

“(7) Any other official of the Department the Secretary determines appropriate.

“(c) Leadership.—The Secretary shall designate a member of the council to serve as chair of the council.

“(d) Resources.—The Secretary shall participate in Federal efforts to maintain and publicize a clearinghouse of resources available to early childhood education programs, elementary schools, high schools, and secondary schools to enhance security against acts of terrorism and other homeland security threats.

“(e) Reports.—Not later than January 30, 2023, and annually thereafter, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report regarding the following:

“(1) The Department’s activities, plans, and policies aimed at enhancing the security of early childhood education programs, elementary schools, high schools, and secondary schools against acts of terrorism and other homeland security threats.

“(2) With respect to the immediately preceding year, information on the following:

“(A) The council’s activities during such year.

“(B) The Department’s contributions to Federal efforts to maintain and publicize the clearinghouse of resources referred to in subsection (d) during such year.

“(3) Any metrics regarding the efficacy of such activities and contributions, and any engagement with stakeholders outside of the Federal Government.

“(f) Definitions.—In this section, the terms ‘early childhood education program’, ‘elementary school’, ‘high 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).”.

(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 713 the following new item:

“Sec. 714. School security coordinating council.”.

SEC. 6705. Reporting efficiently to proper officials in response to terrorism.

(a) In general.—Whenever an act of terrorism occurs in the United States, the Secretary of Homeland Security, the Attorney General, the Director of the Federal Bureau of Investigation, and, as appropriate, the head of the National Counterterrorism Center, shall submit to the appropriate congressional committees, by not later than one year after the completion of the investigation concerning such act by the primary Government agency conducting such investigation, an unclassified report (which may be accompanied by a classified annex) concerning such act.

(b) Content of reports.—A report under this section shall—

(1) include a statement of the facts of the act of terrorism referred to in subsection (a), as known at the time of the report;

(2) identify any gaps in homeland or national security that could be addressed to prevent future acts of terrorism; and

(3) include any recommendations for additional measures that could be taken to improve homeland or national security, including recommendations relating to potential changes in law enforcement practices or changes in law, with particular attention to changes that could help prevent future acts of terrorism.

(1) IN GENERAL.—If the Secretary of Homeland Security, the Attorney General, the Director of the Federal Bureau of Investigation, or, as appropriate, the head of the National Counterterrorism Center determines any information described in subsection (b) required to be reported in accordance with subsection (a) could jeopardize an ongoing investigation or prosecution, the Secretary, Attorney General, Director, or head, as the case may be—

(A) may withhold from reporting such information; and

(B) shall notify the appropriate congressional committees of such determination.

(2) SAVING PROVISION.—Withholding of information pursuant to a determination under paragraph (1) shall not affect in any manner the responsibility to submit a report required under subsection (a) containing other information described in subsection (b) not subject to such determination.

(d) Definitions.—In this section:

(1) ACT OF TERRORISM.—The term “act of terrorism” has the meaning given such term in section 3077 of title 18, United States Code.

(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—

(A) in the House of Representatives—

(i) the Committee on Homeland Security;

(ii) the Committee on the Judiciary; and

(iii) the Permanent Select Committee on Intelligence; and

(B) in the Senate—

(i) the Committee on Homeland Security and Governmental Affairs;

(ii) the Committee on the Judiciary; and

(iii) the Select Committee on Intelligence.

SEC. 6706. Cybersecurity grants for schools.

(a) In general.—Section 2220 of the Homeland Security Act of 2002 (6 U.S.C. 665f) is amended by adding at the end the following new subsection:

“(e) Grants and cooperative agreements.—The Director may award financial assistance in the form of grants or cooperative agreements to States, local governments, institutions of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), nonprofit organizations, and other non-Federal entities as determined appropriate by the Director for the purpose of funding cybersecurity and infrastructure security education and training programs and initiatives to—

“(1) carry out the purposes of CETAP; and

“(2) enhance CETAP to address the national shortfall of cybersecurity professionals.”.

(b) Briefings.—Paragraph (2) of subsection (c) of section 2220 of the Homeland Security Act of 2002 (6 U.S.C. 665f) is amended—

(1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E) respectively; and

(2) by inserting after subparagraph (B) the following new subparagraph:

“(C) information on any grants or cooperative agreements made pursuant to subsection (e), including how any such grants or cooperative agreements are being used to enhance cybersecurity education for underserved populations or communities;”.

SEC. 6721. Homeland procurement reform.

(a) In general.—Subtitle D of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is amended by adding at the end the following new section:

“SEC. 836. Requirements to buy certain items related to national security interests.

“(a) Definitions.—In this section:

“(1) COVERED ITEM.—The term ‘covered item’ means any of the following:

“(A) Footwear provided as part of a uniform.

“(B) Uniforms.

“(C) Holsters and tactical pouches.

“(D) Patches, insignia, and embellishments.

“(E) Chemical, biological, radiological, and nuclear protective gear.

“(F) Body armor components intended to provide ballistic protection for an individual, consisting of 1 or more of the following:

“(i) Soft ballistic panels.

“(ii) Hard ballistic plates.

“(iii) Concealed armor carriers worn under a uniform.

“(iv) External armor carriers worn over a uniform.

“(G) Any other item of clothing or protective equipment as determined appropriate by the Secretary.

“(2) FRONTLINE OPERATIONAL COMPONENT.— The term ‘frontline operational component’ means any of the following organizations of the Department:

“(A) U.S. Customs and Border Protection.

“(B) U.S. Immigration and Customs Enforcement.

“(C) The United States Secret Service.

“(D) The Transportation Security Administration.

“(E) The Coast Guard.

“(F) The Federal Protective Service.

“(G) The Federal Emergency Management Agency.

“(H) The Federal Law Enforcement Training Centers.

“(I) The Cybersecurity and Infrastructure Security Agency.

“(b) Requirements.—

“(1) IN GENERAL.—The Secretary shall ensure that any procurement of a covered item for a frontline operational component meets the following criteria:

“(A) (i) To the maximum extent possible, not less than one-third of funds obligated in a specific fiscal year for the procurement of such covered items shall be covered items that are manufactured or supplied in the United States by entities that qualify as small business concerns, as such term is described under section 3 of the Small Business Act (15 U.S.C. 632).

“(ii) Covered items may only be supplied pursuant to subparagraph (A) to the extent that United States entities that qualify as small business concerns—

“(I) are unable to manufacture covered items in the United States; and

“(II) meet the criteria identified in subparagraph (B).

“(B) Each contractor with respect to the procurement of such a covered item, including the end-item manufacturer of such a covered item—

“(i) is an entity registered with the System for Award Management (or successor system) administered by the General Services Administration; and

“(ii) is in compliance with ISO 9001:2015 of the International Organization for Standardization (or successor standard) or a standard determined appropriate by the Secretary to ensure the quality of products and adherence to applicable statutory and regulatory requirements.

“(C) Each supplier of such a covered item with an insignia (such as any patch, badge, or emblem) and each supplier of such an insignia, if such covered item with such insignia or such insignia, as the case may be, is not produced, applied, or assembled in the United States, shall—

“(i) store such covered item with such insignia or such insignia in a locked area;

“(ii) report any pilferage or theft of such covered item with such insignia or such insignia occurring at any stage before delivery of such covered item with such insignia or such insignia; and

“(iii) destroy any such defective or unusable covered item with insignia or insignia in a manner established by the Secretary, and maintain records, for three years after the creation of such records, of such destruction that include the date of such destruction, a description of the covered item with insignia or insignia destroyed, the quantity of the covered item with insignia or insignia destroyed, and the method of destruction.

“(2) WAIVER.—

“(A) IN GENERAL.—In the case of a national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) or a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), the Secretary may waive a requirement in subparagraph (A), (B) or (C) of paragraph (1) if the Secretary determines there is an insufficient supply of a covered item that meets the requirement.

“(B) NOTICE.—Not later than 60 days after the date on which the Secretary determines a waiver under subparagraph (A) is necessary, the Secretary shall provide to the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate and the Committee on Homeland Security, the Committee on Oversight and Reform, and the Committee on Appropriations of the House of Representatives notice of such determination, which shall include—

“(i) identification of the national emergency or major disaster declared by the President;

“(ii) identification of the covered item for which the Secretary intends to issue the waiver; and

“(iii) a description of the demand for the covered item and corresponding lack of supply from contractors able to meet the criteria described in subparagraph (B) or (C) of paragraph (1).

“(c) Pricing.—The Secretary shall ensure that covered items are purchased at a fair and reasonable price, consistent with the procedures and guidelines specified in the Federal Acquisition Regulation.

“(d) Report.—Not later than 1 year after the date of enactment of this section and annually thereafter, the Secretary shall provide to the Committee on Homeland Security, the Committee on Oversight and Reform, and the Committee on Appropriations of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate a briefing on instances in which vendors have failed to meet deadlines for delivery of covered items and corrective actions taken by the Department in response to such instances.

“(e) Effective date.—This section applies with respect to a contract entered into by the Department or any frontline operational component on or after the date that is 180 days after the date of enactment of this section.”.

(b) Study.—

(1) IN GENERAL.—Not later than 18 months after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a study of the adequacy of uniform allowances provided to employees of frontline operational components (as defined in section 836 of the Homeland Security Act of 2002, as added by subsection (a)).

(2) REQUIREMENTS.—The study conducted under paragraph (1) shall—

(A) be informed by a Department-wide survey of employees from across the Department of Homeland Security who receive uniform allowances that seeks to ascertain what, if any, improvements could be made to the current uniform allowances and what, if any, impacts current allowances have had on employee morale and retention;

(B) assess the adequacy of the most recent increase made to the uniform allowance for first year employees; and

(1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall provide a report with recommendations on how the Department of Homeland Security could procure additional items from domestic sources and bolster the domestic supply chain for items related to national security to—

(A) the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate; and

(B) the Committee on Homeland Security, the Committee on Oversight and Reform, and the Committee on Appropriations of the House of Representatives.

(2) CONTENTS.—The report required under paragraph (1) shall include the following:

(A) A review of the compliance of the Department of Homeland Security with the requirements under section 604 of title VI of division A of the American Recovery and Reinvestment Act of 2009 (6 U.S.C. 453b) to buy certain items related to national security interests from sources in the United States.

(B) An assessment of the capacity of the Department of Homeland Security to procure the following items from domestic sources:

(i) Personal protective equipment and other items necessary to respond to a pandemic such as that caused by COVID–19.

(ii) Helmets that provide ballistic protection and other head protection and components.

(iii) Rain gear, cold weather gear, and other environmental and flame resistant clothing.

(d) Clerical amendment.—The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107–296; 116 Stat. 2135) is amended by inserting after the item relating to section 835 the following:

“Sec. 836. Requirements to buy certain items related to national security interests.”.

SEC. 6722. DHS software supply chain risk management.

(a) Guidance.—The Secretary of Homeland Security, acting through the Under Secretary, shall issue guidance with respect to new and existing covered contracts.

(b) New covered contracts.—In developing guidance under subsection (a), with respect to each new covered contract, as a condition on the award of such a contract, each contractor responding to a solicitation for such a contract shall submit to the covered officer—

(1) a planned bill of materials when submitting a bid proposal; and

(2) the certification and notifications described in subsection (e).

(c) Existing covered contracts.—In developing guidance under subsection (a), with respect to each existing covered contract, each contractor with an existing covered contract shall submit to the covered officer—

(1) the bill of materials used for such contract, upon the request of such officer; and

(2) the certification and notifications described in subsection (e).

(d) Updating bill of materials.—With respect to a covered contract, in the case of a change to the information included in a bill of materials submitted pursuant to subsections (b)(1) and (c)(1), each contractor shall submit to the covered officer the update to such bill of materials, in a timely manner.

(e) Certification and notifications.—The certification and notifications referred to in subsections (b)(2) and (c)(2), with respect to a covered contract, are the following:

(1) A certification that each item listed on the submitted bill of materials is free from all known vulnerabilities or defects affecting the security of the end product or service identified in—

(A) the National Institute of Standards and Technology National Vulnerability Database; and

(B) any database designated by the Under Secretary, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, that tracks security vulnerabilities and defects in open source or third-party developed software.

(2) A notification of each vulnerability or defect affecting the security of the end product or service, if identified, through—

(A) the certification of such submitted bill of materials required under paragraph (1); or

(B) any other manner of identification.

(3) A notification relating to the plan to mitigate, repair, or resolve each security vulnerability or defect listed in the notification required under paragraph (2).

(f) Enforcement.—In developing guidance under subsection (a), the Secretary shall instruct covered officers with respect to—

(1) the processes available to such officers enforcing subsections (b) and (c); and

(2) when such processes should be used.

(g) Effective date.—The guidance required under subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this section.

(h) GAO report.—Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Secretary, 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—

(1) a review of the implementation of this section;

(2) information relating to the engagement of the Department of Homeland Security with industry;

(3) an assessment of how the guidance issued pursuant to subsection (a) complies with Executive Order 14208 (86 Fed. Reg. 26633; relating to improving the nation’s cybersecurity); and

(4) any recommendations relating to improving the supply chain with respect to covered contracts.

(i) Definitions.—In this section:

(1) BILL OF MATERIALS.—The term “bill of materials” means a list of the parts and components (whether new or reused) of an end product or service, including, with respect to each part and component, information relating to the origin, composition, integrity, and any other information as determined appropriate by the Under Secretary.

(2) COVERED CONTRACT.—The term “covered contract” means a contract relating to the procurement of covered information and communications technology or services for the Department of Homeland Security.

(3) COVERED INFORMATION AND COMMUNICATIONS TECHNOLOGY OR SERVICES.—The term “covered information and communications technology or services” means the terms—

(A) “information technology” (as such term is defined in section 11101(6) of title 40, United States Code);

(B) “information system” (as such term is defined in section 3502(8) of title 44, United States Code);

(C) “telecommunications equipment” (as such term is defined in section 3(52) of the Communications Act of 1934 (47 U.S.C. 153(52))); and

(D) “telecommunications service” (as such term is defined in section 3(53) of the Communications Act of 1934 (47 U.S.C. 153(53))).

(4) COVERED OFFICER.—The term “covered officer” means—

(A) a contracting officer of the Department; and

(B) any other official of the Department as determined appropriate by the Under Secretary.

(5) SOFTWARE.—The term “software” means computer programs and associated data that may be dynamically written or modified during execution.

(6) UNDER SECRETARY.—The term “Under Secretary” means the Under Secretary for Management of the Department of Homeland Security.

SEC. 6723. Department of Homeland Security mentor-protégé program.

(a) In general.—Subtitle H of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the following new section:

“SEC. 890C. Mentor-protégé program.

“(a) Establishment.—There is established in the Department a mentor-protégé program (in this section referred to as the ‘Program’) under which a mentor firm enters into an agreement with a protégé firm for the purpose of assisting the protégé firm to compete for prime contracts and subcontracts of the Department.

“(b) Eligibility.—The Secretary shall establish criteria for mentor firms and protégé 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 protégé 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 protégé firm.

“(B) A schedule with milestones for achieving the assistance to be provided over the period of participation in the Program.

“(C) An estimate of the costs to be incurred by the mentor firm for providing assistance under the Program.

“(D) Attestations that Program participants will submit to the Secretary reports at times specified by the Secretary to assist the Secretary in evaluating the protégé firm’s developmental progress.

“(E) Attestations that Program participants will inform the Secretary in the event of a change in eligibility or voluntary withdrawal from the Program.

“(2) APPROVAL.—Not later than 60 days after receipt of an application pursuant to paragraph (1), the head of the Office of Small and Disadvantaged Business Utilization shall notify applicants of approval or, in the case of disapproval, the process for resubmitting an application for reconsideration.

“(3) RESCISSION.—The head of the Office of Small and Disadvantaged Business Utilization may rescind the approval of an application under this subsection if it determines that such action is in the best interest of the Department.

“(d) Program duration.—A mentor firm and protégé 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 protégé firm that enter into an agreement under subsection (d) may receive the following Program benefits:

“(1) With respect to an award of a contract that requires a subcontracting plan, a mentor firm may receive evaluation credit for participating in the Program.

“(2) With respect to an award of a contract that requires a subcontracting plan, a mentor firm may receive credit for a protégé 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 protégé firm.

“(3) A protégé 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 Act, 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 protégé firm entered into under this section, including the number of protégé 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 protégé firms;

“(3) identifies contracts within the Department in which a mentor firm serving as the prime contractor provided subcontracts to a protégé firm under the Program; and

“(4) assesses the degree to which there has been—

“(A) an increase in the technical capabilities of protégé firms; and

“(B) an increase in the quantity and estimated value of prime contract and subcontract awards to protégé firms for the period covered by the report.

“(g) Rule of construction.—Nothing in this section may be construed to limit, diminish, impair, or otherwise affect the authority of the Department to participate in any program carried out by or requiring approval of the Small Business Administration or adopt or follow any regulation or policy that the Administrator of the Small Business Administration may promulgate, except that, to the extent that any provision of this section (including subsection (h)) conflicts with any other provision of law, regulation, or policy, this section shall control.

“(h) Definitions.—In this section:

“(1) HISTORICALLY BLACK COLLEGE OR UNIVERSITY.—The term ‘historically Black college or university’ has the meaning given the term ‘part B institution’ in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).

“(2) MENTOR FIRM.—The term ‘mentor firm’ means a for-profit business concern that is not a small business concern that—

“(A) has the ability to assist and commits to assisting a protégé 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) PROTÉGÉ FIRM.—The term ‘protégé 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 890B the following new item:

“Sec. 890C. Mentor-protégé program.”.

SEC. 6724. DHS Trade and Economic Security Council.

(a) DHS Trade and Economic Security Council.—

(1) IN GENERAL.—Subtitle H of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) is further amended by adding at the end the following new section:

“SEC. 890D. DHS Trade and Economic Security Council.

“(a) Establishment.—There is established in the Department the DHS Trade and Economic Security Council (referred to in this section as the ‘Council’).

“(b) Duties of the Council.—The Council shall provide to the Secretary advice and recommendations on matters of trade and economic security, including—

“(1) identifying concentrated risks for trade and economic security;

“(2) setting priorities for securing the Nation’s trade and economic security;

“(3) coordinating Department-wide activity on trade and economic security matters;

“(4) with respect to the President’s continuity of the economy plan under section 9603 of the William M. (Mac) Thornberry National Defense Authorization Act of Fiscal Year 2021;

“(5) proposing statutory and regulatory changes impacting trade and economic security; and

“(6) any other matters the Secretary considers appropriate.

“(c) Membership.—

“(1) IN GENERAL.—The Council shall be composed of the following members:

“(A) The Assistant Secretary for Trade and Economic Security of the Office of Strategy, Policy, and Plans of the Department.

“(B) An officer or an employee, selected by the Secretary, from each of the following components and offices of the Department:

“(i) The Cybersecurity and Infrastructure Security Agency.

“(ii) The Federal Emergency Management Agency.

“(iii) The Office of Intelligence and Analysis.

“(iv) The Science and Technology Directorate.

“(v) United States Citizenship and Immigration Services.

“(vi) The Coast Guard.

“(vii) U.S. Customs and Border Protection.

“(viii) U.S. Immigration and Customs Enforcement.

“(ix) The Transportation Security Administration.

“(2) CHAIR AND VICE CHAIR.—The Assistant Secretary for Trade and Economic Security shall serve as Chair of the Council. The Assistant Secretary for Trade and Economic Security may designate a Council member as a Vice Chair.

“(d) Meetings.—The Council shall meet not less frequently than quarterly, as well as—

“(1) at the call of the Chair; or

“(2) at the direction of the Secretary.

“(e) Briefings.—Not later than 180 days after the date of the enactment of this section and every six months thereafter for four years, the Council shall brief the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate on the actions and activities of the Council.

“(f) Definition.—In this section, the term ‘economic security’ means the condition of having secure and resilient domestic production capacity combined with reliable access to the global resources necessary to maintain an acceptable standard of living and protect core national values.”.

(2) 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 the following new item:

“Sec. 890D. DHS Trade and Economic Security Council.”.

(b) Assistant Secretary for Trade and Economic Security.—Section 709 of the Homeland Security Act of 2002 (6 U.S.C. 349) is amended—

(1) by redesignating subsection (g) as subsection (h); and

(2) by inserting after subsection (f) the following new subsection:

“(g) Assistant Secretary for Trade and Economic Security.—

“(1) IN GENERAL.—There is within the Office of Strategy, Policy, and Plans an Assistant Secretary for Trade and Economic Security.

“(2) DUTIES.—The Assistant Secretary for Trade and Economic Security shall be responsible for policy formulation regarding matters relating to economic security and trade, as such matters relate to the mission and the operations of the Department.

“(3) ADDITIONAL RESPONSIBILITIES.—In addition to the duties specified in paragraph (2), the Assistant Secretary for Trade and Economic Security shall—

“(A) oversee—

“(i) the activities and enhancements of requirements for supply chain mapping not otherwise assigned by law or by the Secretary to another officer; and

“(ii) assessments and reports to Congress related to critical economic security domains;

“(B) serve as the executive for the Department on the Committee on Foreign Investment in the United States (CFIUS), the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector, and the Federal Acquisition Security Council (in addition to any position on such Council occupied by a representative of the Cybersecurity and Infrastructure Security Agency of the Department);

“(C) coordinate with stakeholders in other Federal departments and agencies and non-governmental entities with trade and economic security interests, authorities, and responsibilities; and

“(D) perform such additional duties as the Secretary or the Under Secretary of Strategy, Policy, and Plans may prescribe.

“(4) DEFINITIONS.—In this subsection:

“(A) CRITICAL ECONOMIC SECURITY DOMAIN.—The term ‘critical economic security domain’ means any infrastructure, industry, technology, or intellectual property (or combination thereof) that is essential for the economic security of the United States.

“(B) ECONOMIC SECURITY.—The term ‘economic security’ has the meaning given such term in section 890B.”.

(c) Authorization of appropriations.—There are authorized to be appropriated to the Secretary of Homeland Security $3,000,000 for each of fiscal years 2023 through 2027 to carry out section 890B and subsection (g) of section 709 of the Homeland Security Act of 2002, as added and inserted, respectively, by subsections (a) and (b) of this Act.

SEC. 6725. DHS acquisition reform.

(a) Acquisition authorities for the Under Secretary of Management of the Department of Homeland Security.—Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is amended—

(1) in subsection (a)—

(A) in paragraph (2), by inserting “and acquisition management” after “Procurement”; and

(B) in paragraph (6), by inserting “(including firearms and other sensitive assets)” after “equipment”;

(2) by redesignating subsections (d), the first subsection (e) (relating to the system for award management consultation), and the second subsection (e) (relating to the definition of interoperable communications) as subsections (e), (f), and (g), respectively; and

(3) by inserting after subsection (c) the following new subsection:

“(d) Acquisition and related responsibilities.—

“(1) IN GENERAL.—Notwithstanding section 1702(a) of title 41, United States Code, the Under Secretary for Management is the Chief Acquisition Officer of the Department. As Chief Acquisition Officer, the Under Secretary shall have the authorities and perform the functions specified in section 1702(b) of such title, and perform all other functions and responsibilities delegated by the Secretary or described in this subsection.

“(2) FUNCTIONS AND RESPONSIBILITIES.—In addition to the authorities and functions specified in section 1702(b) of title 41, United States Code, the functions and responsibilities of the Under Secretary for Management related to acquisition (as such term is defined in section 131 of such title) include the following:

“(A) Advising the Secretary regarding acquisition management activities, considering risks of failure to achieve cost, schedule, or performance parameters, to ensure that the Department achieves its mission through the adoption of widely accepted program management best practices (as such term is defined in section 837) and standards and, where appropriate, acquisition innovation best practices.

“(B) Leading the Department’s acquisition oversight body, the Acquisition Review Board.

“(C) Synchronizing interagency coordination relating to acquisition programs and acquisition management efforts of the Department.

“(D) Exercising the acquisition decision authority (as such term is defined in section 837) to approve, pause, modify (including the rescission of approvals of program milestones), or cancel major acquisition programs (as such term is defined in section 837), unless the Under Secretary delegates such authority to a Component Acquisition Executive (as such term is defined in section 837) pursuant to paragraph (3).

“(E) Providing additional scrutiny and oversight for an acquisition that is not a major acquisition if—

“(i) the acquisition is for a program that is important to the strategic and performance plans of the Department;

“(ii) the acquisition is for a program with significant program or policy implications; and

“(iii) the Secretary determines that such scrutiny and oversight for the acquisition is proper and necessary.

“(F) Establishing policies for managing acquisitions across the Department that promote best practices (as such term is defined in section 837).

“(G) Establishing policies for acquisition that implement an approach that considers risks of failure to achieve cost, schedule, or performance parameters that all components of the Department shall comply with, including outlining relevant authorities for program managers to effectively manage acquisition programs (as such term is defined in section 837).

“(H) Ensuring that each major acquisition program has a Department-approved acquisition program baseline (as such term is defined in section 837), pursuant to the Department’s acquisition management policy that is traceable to the life-cycle cost estimate of the program, integrated master schedule, and operational requirements.

“(I) Assisting the heads of components and Component Acquisition Executives in efforts to comply with Federal law, the Federal Acquisition Regulation, and Department acquisition management directives.

“(J) Ensuring that grants and financial assistance are provided only to individuals and organizations that are not suspended or debarred.

“(K) Distributing guidance throughout the Department to ensure that contractors involved in acquisitions, particularly contractors that access the Department’s information systems and technologies, adhere to relevant Department policies related to physical and information security as identified by the Under Secretary.

“(L) Overseeing the Component Acquisition Executive organizational structure to ensure Component Acquisition Executives have sufficient capabilities and comply with Department acquisition policies.

“(M) Developing and managing a professional acquisition workforce to ensure the goods and services acquired by the Department meet the needs of the mission and are at the best value for the expenditure of public resources.

“(3) DELEGATION OF CERTAIN ACQUISITION DECISION AUTHORITY.—The Under Secretary for Management may delegate acquisition decision authority, in writing, to the relevant Component Acquisition Executive for a major capital asset, service, or hybrid acquisition program that has a life-cycle cost estimate of at least $300,000,000 but not more than $1,000,000,000, based on fiscal year 2022 constant dollars, if—

“(A) the component concerned possesses working policies, processes, and procedures that are consistent with Department acquisition policy;

“(B) the Component Acquisition Executive concerned has adequate, experienced, and dedicated professional employees with program management training; and

“(C) each major acquisition program has a Department-approved acquisition program baseline, and it is meeting agreed-upon cost, schedule, and performance thresholds.”.

(b) Office of Test and Evaluation of the Department of Homeland Security.—

(1) 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. Office of Test and Evaluation.

“(a) Establishment of Office.—There is established in the Directorate of Science and Technology of the Department an Office of Test and Evaluation (in this section referred to as the ‘Office’). The Office shall—

“(1) serve as the principal advisory office for test and evaluation support across the Department; and

“(2) serve as the test and evaluation liaison with—

“(A) Federal agencies and foreign, State, local, Tribal, and territorial governments;

“(B) the private sector;

“(C) institutions of higher education; and

“(D) other relevant entities.

“(b) Director.—The Office shall be led by a Director. The Director shall oversee the duties specified in subsection (a) and carry out the following responsibilities:

“(1) Serve as a member of the Department’s Acquisition Review Board.

“(2) Establish and update, as necessary, test and evaluation policies, procedures, and guidance for the Department.

“(3) Ensure, in coordination with the Chief Acquisition Officer, the Joint Requirements Council, the Under Secretary for Science and Technology, and relevant component heads, that acquisition programs (as such term is defined in section 837)—

“(A) complete reviews of operational requirements to ensure such requirements—

“(i) are informed by threats, including physical and cybersecurity threats;

“(ii) are operationally relevant; and

“(iii) are measurable, testable, and achievable within the constraints of cost and schedule;

“(B) complete independent testing and evaluation of a system or service throughout development of such system or service;

“(C) complete operational testing and evaluation that includes all system components and incorporates operators into such testing and evaluation to ensure that a system or service satisfies the mission requirements in the operational environment of such system or service as intended in the acquisition program baseline;

“(D) use independent verification and validation of test and evaluation implementation and results, as appropriate; and

“(E) document whether such programs meet all operational requirements.

“(4) Provide oversight of test and evaluation activities for major acquisition programs throughout the acquisition life cycle by—

“(A) approving program test and evaluation master plans, plans for individual test and evaluation events, and other related documentation, determined appropriate by the Director;

“(B) approving which independent test and evaluation agent or third-party tester is selected for each program; and

“(C) providing an independent assessment to the acquisition decision authority (as such term is defined in section 837) that assesses a program’s progress in meeting operational requirements and operational effectiveness, suitability, and resilience to inform production and deployment decisions.

“(5) Determine if testing of a system or service conducted by other Federal agencies, entities, or institutions of higher education are relevant and sufficient in determining whether such system or service performs as intended.

“(c) Annual report.—

“(1) IN GENERAL.—Not later than one year after the date of the enactment of this section and annually thereafter, the Director of the Office shall submit to the Secretary, the Under Secretary for Management, component heads, and the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs a report relating to the test and evaluation activities of the major acquisition programs of the Department for the previous fiscal year.

“(2) ELEMENTS.—Each report required under paragraph (1) shall include the following:

“(A) An assessment of—

“(i) test and evaluation activities conducted for each major acquisition program with respect to demonstrating operational requirements and operational effectiveness, suitability, and resilience for each such program;

“(ii) any waivers of, or deviations from, approved program test and evaluation master plans referred to in subsection (b)(3)(A);

“(iii) any concerns raised by the independent test and evaluation agent or third-party tester selected and approved under subsection (b)(3)(B) relating to such waivers or deviations; and

“(iv) any actions that have been taken or are planned to be taken to address such concerns.

“(B) Recommendations with respect to resources, facilities, and levels of funding made available for test and evaluation activities referred to in subparagraph (A).

“(3) FORM.—Each report required under paragraph (1) shall be submitted in unclassified form but may include a classified annex.

“(d) Relationship to Under Secretary for Science and Technology.—

“(1) IN GENERAL.—The Under Secretary for Management and the Under Secretary for Science and Technology shall coordinate in matters related to Department-wide acquisitions so that investments of the Directorate of Science and Technology are able to support current and future requirements of the components of the Department.

“(2) RULE OF CONSTRUCTION.—Nothing in this subsection may be construed as affecting or diminishing the authority of the Under Secretary for Science and Technology.”.

(2) 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 322 the following new item:

“Sec. 323. Office of Test and Evaluation.”.

(c) Acquisition authorities for Chief Financial Officer of the Department of Homeland Security.—Paragraph (2) of section 702(b) of the Homeland Security Act of 2002 (6 U.S.C. 342(b)) is amended by—

(1) redesignating subparagraph (I) as subparagraph (J); and

(2) inserting after subparagraph (H) the following new subparagraph:

“(I) Oversee the costs of acquisition programs (as such term is defined in section 837) and related activities to ensure that actual and planned costs are in accordance with budget estimates and are affordable, or can be adequately funded, over the life cycle of such programs and activities.”.

(d) Acquisition authorities for Chief Information Officer of the Department of Homeland Security.—Section 703 of the Homeland Security Act of 2002 (6 U.S.C. 343) is amended—

(1) by redesignating subsection (b) as subsection (c); and

(2) by inserting after subsection (a) the following new subsection:

“(b) Acquisition responsibilities.—In addition to the responsibilities specified in section 11315 of title 40, United States Code, the acquisition responsibilities of the Chief Information Officer, in consultation with the Under Secretary for Management, shall include the following:

“(1) Overseeing the management of the Homeland Security Enterprise Architecture and ensuring that, before each acquisition decision event (as such term is defined in section 837), approved information technology acquisitions comply with any departmental information technology management requirements, security protocols, and the Homeland Security Enterprise Architecture, and in any case in which information technology acquisitions do not so comply, making recommendations to the Department’s Acquisition Review Board regarding such noncompliance.

“(2) Providing recommendations to the Acquisition Review Board regarding information technology programs and developing information technology acquisition strategic guidance.”.

(e) Acquisition authorities for Under Secretary of Strategy, Policy, and Plans of the Department of Homeland Security.—Subsection (c) of section 709 of the Homeland Security Act of 2002 (6 U.S.C. 349) is amended by—

(1) redesignating paragraphs (4) through (7) as (5) through (8), respectively; and

(2) inserting after paragraph (3) the following new paragraph:

“(4) ensure acquisition programs (as such term is defined in section 837) support the DHS Quadrennial Homeland Security Review Report, the DHS Strategic Plan, the DHS Strategic Priorities, and other appropriate successor documents;”.

(f) Acquisition authorities for program accountability and risk management (PARM) of the Department of Homeland Security.—

(1) IN GENERAL.—Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.), as amended by this Act, is further amended by adding at the end the following new section:

“SEC. 715. Program accountability and risk management office.

“(a) Establishment of office.—There is established in the Management Directorate of the Department a Program Accountability and Risk Management office. Such office shall—

“(1) provide consistent accountability, standardization, and transparency of major acquisition programs of the Department;

“(2) serve as the central oversight function for all Department major acquisition programs; and

“(3) provide review and analysis of Department acquisition programs, as appropriate.

“(b) Executive director.—The Program Accountability and Risk Management office shall be led by an Executive Director. The Executive Director shall oversee the duties specified in subsection (a), report directly to the Under Secretary for Management, and carry out the following responsibilities:

“(1) Regularly monitor the performance of Department major acquisition programs between acquisition decision events to identify problems with cost, performance, or schedule that components may need to address to prevent cost overruns, performance issues, or schedule delays.

“(2) Assist the Under Secretary for Management in managing the Department’s acquisition programs, acquisition workforce, and related activities of the Department.

“(3) Conduct oversight of individual acquisition programs to implement Department acquisition program policy, procedures, and guidance, with a priority on ensuring the data the office collects and maintains from Department components is accurate and reliable.

“(4) Serve as the focal point and coordinator for the acquisition life-cycle review process and as the executive secretariat for the Department’s Acquisition Review Board.

“(5) Advise the persons having acquisition decision authority to—

“(A) make acquisition decisions consistent with all applicable laws; and

“(B) establish clear lines of authority, accountability, and responsibility for acquisition decision-making within the Department.

“(6) Develop standardized certification standards, in consultation with the Component Acquisition Executives, for all acquisition program managers.

“(7) Assess the results of major acquisition programs’ post-implementation reviews, and identify opportunities to improve performance throughout the acquisition process.

“(8) Provide technical support and assistance to Department acquisition programs and acquisition personnel, and coordinate with the Chief Procurement Officer regarding workforce training and development activities.

“(9) Assist, as appropriate, with the preparation of the Future Years Homeland Security Program, and make such information available to the congressional homeland security committees.

“(10) In coordination with the Component Acquisition Executives, maintain the Master Acquisition Oversight List, updated quarterly, that shall serve as an inventory of all major acquisition programs and non-major acquisition programs within the Department, including for each such program—

“(A) the component sponsoring the acquisition;

“(B) the name of the acquisition;

“(C) the acquisition level as determined by the anticipated life-cycle cost of the program and other criteria pursuant to the Department-level acquisition policy;

“(D) the acquisition decision authority for the acquisition; and

“(E) the current acquisition phase.

“(c) Responsibilities of components.—Each head of a component shall comply with Federal law, the Federal Acquisition Regulation, and Department acquisition management directives established by the Under Secretary for Management. For each major acquisition program, each head of a component shall—

“(1) establish an organizational structure for conducting acquisitions within the component, to be managed by a Component Acquisition Executive;

“(2) obtain the resources necessary to operate such an organizational structure that are aligned with the number, type, size, and complexity of the acquisition programs of the component; and

“(3) oversee sustainment of capabilities deployed by major acquisition programs and non-major acquisition programs after all planned deployments are completed until such capabilities are retired or replaced.

“(d) Responsibilities of component acquisition executives.—Each Component Acquisition Executive shall—

“(1) establish and implement policies and guidance for managing and conducting oversight for major acquisition programs and non-major acquisition programs within the component at issue that comply with Federal law, the Federal Acquisition Regulation, and Department acquisition management directives established by the Under Secretary for Management;

“(2) for each major acquisition program—

“(A) define baseline requirements and document changes to such requirements, as appropriate;

“(B) establish a complete life cycle cost estimate with supporting documentation that is consistent with cost estimating best practices as identified by the Comptroller General of the United States;

“(C) verify each life cycle cost estimate against independent cost estimates or assessments, as appropriate, and reconcile any differences;

“(D) complete a cost-benefit analysis with supporting documentation; and

“(E) develop and maintain a schedule that is consistent with scheduling best practices as identified by the Comptroller General of the United States, including, in appropriate cases, an integrated master schedule;

“(3) ensure that all acquisition program documentation provided by the component demonstrates the knowledge required for successful program execution prior to final approval and is complete, accurate, timely, and valid;

“(4) in such cases where it is appropriate, exercise the acquisition decision authority to approve, pause, modify (including the rescission of approvals of program milestones), or cancel major acquisition programs or non-major acquisition programs when delegated by the Under Secretary for Management pursuant to section 701(d)(3); and

“(5) review, oversee, and direct activities between acquisition decision events for major acquisition programs within the component for which the Under Secretary for Management is the acquisition decision authority.

“(e) Definitions.—In this section:

“(1) ACQUISITION.—The term ‘acquisition’ has the meaning given such term in section 131 of title 41, United States Code.

“(2) ACQUISITION DECISION AUTHORITY.—The term ‘acquisition decision authority’ means the authority, in addition to the authorities and functions specified in subsection (b) of section 1702 of title 41, United States Code, held by the Secretary acting through the Under Secretary for Management to—

“(A) ensure compliance with Federal law, the Federal Acquisition Regulation, and Department acquisition management directives;

“(B) review (including approving, pausing, modifying, or canceling) an acquisition program throughout the life cycle of such program;

“(C) ensure that acquisition program managers have the resources necessary to successfully execute an approved acquisition program;

“(D) ensure appropriate acquisition program management of cost, schedule, risk, and system or service performance of the acquisition program at issue, including assessing acquisition program baseline breaches and directing any corrective action for such breaches;

“(E) ensure that acquisition program managers, on an ongoing basis, monitor cost, schedule, and performance against established baselines and use tools to assess risks to an acquisition program at all phases of the life-cycle of such program; and

“(F) establish policies and procedures for major acquisition programs of the Department.

“(3) ACQUISITION DECISION EVENT.—The term ‘acquisition decision event’, with respect to an acquisition program, means a predetermined point within the acquisition life-cycle at which the acquisition decision authority determines whether such acquisition program shall proceed to the next acquisition phase.

“(4) ACQUISITION PROGRAM.—The term ‘acquisition program’ means the conceptualization, initiation, design, development, test, contracting, production, deployment, logistics support, modification, or disposal of systems, supplies, or services (including construction) to satisfy the Department’s needs.

“(5) ACQUISITION PROGRAM BASELINE.—The term ‘acquisition program baseline’, with respect to an acquisition program, means the cost, schedule, and performance parameters, expressed in standard, measurable, quantitative terms, which must be met to accomplish the goals of such program.

“(6) BEST PRACTICES.—The term ‘best practices’, with respect to acquisition, means a knowledge-based approach to capability development, procurement, and support that includes the following:

“(A) Identifying and validating needs.

“(B) Assessing alternatives to select the most appropriate solution.

“(C) Establishing well-defined requirements.

“(D) Developing realistic cost assessments and schedules that account for the entire life-cycle of an acquisition.

“(E) Demonstrating technology, design, and manufacturing maturity before initiating production.

“(F) Using milestones and exit criteria or specific accomplishments that demonstrate the attainment of knowledge to support progress throughout the acquisition phases.

“(G) Regularly assessing and managing risks to achieve requirements and cost and schedule goals.

“(H) To the maximum extent possible, adopting and executing standardized processes.

“(I) Establishing a workforce that is qualified to perform necessary acquisition roles.

“(J) Integrating into the Department’s mission and business operations the capabilities described in subparagraphs (A) through (I).

“(7) BREACH.—The term ‘breach’, with respect to a major acquisition program, means a failure to meet any cost, schedule, or performance threshold specified in the most recently approved acquisition program baseline.

“(8) CONGRESSIONAL HOMELAND SECURITY COMMITTEES.—The term ‘congressional homeland security committees’ means—

“(A) the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate; and

“(B) the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate.

“(9) COMPONENT ACQUISITION EXECUTIVE.—The term ‘Component Acquisition Executive’ means the senior acquisition official within a component who is designated in writing by the Under Secretary for Management, in consultation with the component head, with authority and responsibility for leading a process and staff to provide acquisition and program management oversight, policy, and guidance to ensure that statutory, regulatory, and higher level policy requirements are fulfilled, including compliance with Federal law, the Federal Acquisition Regulation, and Department acquisition management directives established by the Under Secretary.

“(10) LIFE-CYCLE COST.—The term ‘life-cycle cost’ means the total cost to the Government of acquiring, operating, supporting, and (if applicable) disposing of the items being acquired.

“(11) MAJOR ACQUISITION PROGRAM.—The term ‘major acquisition program’ means a Department capital asset, services, or hybrid acquisition program that is estimated by the Secretary to require an eventual total expenditure of at least $300,000,000 (based on fiscal year 2022 constant dollars) over its life cycle or a program identified by the Chief Acquisition Officer as a program of special interest.”.

(2) 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 714 the following new item:

“Sec. 715. Program Accountability and Risk Management office.”.

(g) Acquisition documentation.—

(1) IN GENERAL.—Subtitle D of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 391 et seq.), as amended by this Act, is further amended by adding at the end the following new section:

“SEC. 837. Acquisition documentation.

“For each major acquisition program (as such term is defined in section 714), the Secretary, acting through the Under Secretary for Management, shall require the head of each relevant component or office of the Department to—

“(1) maintain acquisition documentation that is complete, accurate, timely, and valid, and that includes—

“(A) operational requirements that are validated consistent with departmental policy;

“(B) a complete life-cycle cost estimate with supporting documentation;

“(C) verification of such life-cycle cost estimate against independent cost estimates, and reconciliation of any differences;

“(D) a cost-benefit analysis with supporting documentation;

“(E) an integrated master schedule with supporting documentation;

“(F) plans for conducting systems engineering reviews and test and evaluation activities throughout development to support production and deployment decisions;

“(G) an acquisition plan that outlines the procurement approach, including planned contracting vehicles;

“(H) a logistics and support plan for operating and maintaining deployed capabilities until such capabilities are disposed of or retired; and

“(I) an acquisition program baseline that is traceable to the operational requirements of the program required under subparagraphs (A), (B), and (E);

“(2) prepare cost estimates and schedules for major acquisition programs pursuant to subparagraphs (B) and (E) of paragraph (1) in a manner consistent with best practices as identified by the Comptroller General of the United States; and

“(3) ensure any revisions to the acquisition documentation maintained pursuant to paragraph (1) are reviewed and approved in accordance with departmental policy.”.

(2) CLERICAL AMENDMENT.—The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by adding after the item relating to section 836 the following new item:

“Sec. 837. Acquisition documentation.”.

SEC. 6726. DHS Acquisition Review Board.

(a) In general.—Subtitle D of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is further amended by adding at the end the following new section:

“SEC. 838. Acquisition Review Board.

“(a) In general.—There is established in the Department an Acquisition Review Board (in this section referred to as the ‘Board’) to support the Under Secretary for Management in managing the Department’s acquisitions.

“(b) Composition.—

“(1) CHAIR.—The Under Secretary for Management shall serve as chair of the Board.

“(2) OVERSIGHT.—The Under Secretary for Management may designate an employee of the Department to oversee the operations of the Board.

“(3) PARTICIPATION.— The Under Secretary for Management shall ensure participation by other relevant Department officials with responsibilities related to acquisitions as permanent members of the Board, including the following:

“(A) The Chair of the Joint Requirements Council.

“(B) The Chief Financial Officer.

“(C) The Chief Human Capital Officer.

“(D) The Chief Information Officer.

“(E) The Chief Procurement Officer.

“(F) The Chief Readiness Support Officer.

“(G) The Chief Security Officer.

“(H) The Director of the Office of Test and Evaluation.

“(I) Other relevant senior Department officials, as designated by the Under Secretary for Management.

“(c) Meetings.—The Board shall meet regularly for purposes of evaluating the progress and status of an acquisition program. The Board shall convene at the Under Secretary for Management’s discretion, and at such time as—

“(1) a new acquisition program is initiated;

“(2) a major acquisition program—

“(A) requires authorization to proceed from one acquisition decision event to another throughout the acquisition life-cycle;

“(B) is in breach of its approved acquisition program baseline; or

“(C) requires additional review, as determined by the Under Secretary for Management; or

“(3) a non-major acquisition program requires review, as determined by the Under Secretary for Management.

“(d) Responsibilities.—The responsibilities of the Board are as follows:

“(1) Determine the appropriate acquisition level and acquisition decision authority for new acquisition programs based on the estimated eventual total expenditure of each such program to satisfy the mission need of the Department over the life-cycle of such acquisition regardless of funding source.

“(2) Determine whether a proposed acquisition has met the requirements of key phases of the acquisition life-cycle framework and is able to proceed to the next phase and eventual full production and deployment.

“(3) Oversee whether a proposed acquisition’s business strategy, resources, management, and accountability is executable and is aligned with the mission and strategic goals of the Department.

“(4) Support the person with acquisition decision authority for an acquisition in determining the appropriate direction for such acquisition at key acquisition decision events.

“(5) Conduct systematic reviews of acquisitions to ensure that such acquisitions are progressing in accordance with best practices and in compliance with the most recently approved documents for such acquisitions’ current acquisition phases.

“(6) Review the acquisition documents of each major acquisition program, including the acquisition program baseline and documentation reflecting consideration of tradeoffs among cost, schedule, and performance objectives, to ensure the reliability of underlying data.

“(7) Ensure that practices are adopted and implemented to require consideration of trade-offs among cost, schedule, and performance objectives as part of the process for developing requirements for major acquisition programs prior to the initiation of the second acquisition decision event, including, at a minimum, the following practices:

“(A) Department officials responsible for acquisition, budget, and cost estimating functions are provided with the appropriate opportunity to develop estimates and raise cost and schedule concerns before performance objectives are established for capabilities when feasible.

“(B) Full consideration is given to possible trade-offs among cost, schedule, and performance objectives for each alternative.

“(e) Documentation.—

“(1) IN GENERAL.—The chair of the Board shall ensure that all actions and decisions made pursuant to the responsibilities of the Board under subsection (d) are documented in an acquisition decision memorandum that includes—

“(A) a summary of the action at issue or purpose for convening a meeting under subsection (c);

“(B) the decision with respect to actions discussed during such meeting;

“(C) the rationale for such a decision, including justifications for any such decision made to allow acquisition programs to deviate from the acquisition management policy of the Department;

“(D) any assigned items for further action; and

“(E) the signature of the chair verifying the contents of such memorandum.

“(2) SUBMISSION OF MEMORANDUM.—Not later than seven days after the date on which the acquisition decision memorandum is signed by the chair pursuant to paragraph (1)(E), the chair shall submit to the Secretary, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a copy of such memorandum.

“(f) Definitions.—In this section:

“(1) ACQUISITION.—The term ‘acquisition’ has the meaning given such term in section 131 of title 41, United States Code.

“(2) ACQUISITION DECISION AUTHORITY.—The term ‘acquisition decision authority’ means the authority, held by the Secretary to—

“(A) ensure acquisition programs are in compliance with Federal law, the Federal Acquisition Regulation, and Department acquisition management directives;

“(B) review (including approving, pausing, modifying, or cancelling) an acquisition program through the life-cycle of such program;

“(C) ensure that acquisition program managers have the resources necessary to successfully execute an approved acquisition program;

“(D) ensure appropriate acquisition program management of cost, schedule, risk, and system performance of the acquisition program at issue, including assessing acquisition program baseline breaches and directing any corrective action for such breaches; and

“(3) ACQUISITION DECISION EVENT.—The term ‘acquisition decision event’, with respect to an acquisition program, means a predetermined point within each of the acquisition phases at which the acquisition decision authority determines whether such acquisition program shall proceed to the next acquisition phase.

“(4) ACQUISITION DECISION MEMORANDUM.—The term ‘acquisition decision memorandum’ means the official documented record of decisions, including the rationale for such decisions and any assigned actions, for the acquisition at issue, as determined by the person exercising acquisition decision authority for such acquisition.

“(5) ACQUISITION PROGRAM BASELINE.—The term ‘acquisition program baseline’, with respect to an acquisition program, means a summary of the cost, schedule, and performance parameters, expressed in standard, measurable, quantitative terms, which must be satisfied to accomplish the goals of such program.

“(6) BEST PRACTICES.—The term ‘best practices’, with respect to acquisition, means a knowledge-based approach to capability development that includes—

“(A) identifying and validating needs;

“(B) assessing alternatives to select the most appropriate solution;

“(C) clearly establishing well-defined requirements;

“(D) developing realistic cost estimates and schedules that account for the entire life-cycle of such an acquisition;

“(E) securing stable funding that matches resources to requirements before initiating such development;

“(F) demonstrating technology, design, and manufacturing maturity before initiating production of the item that is the subject of such acquisition;

“(G) using milestones and exit criteria or specific accomplishments that demonstrate the attainment of knowledge to support progress;

“(H) regularly assessing and managing risks to achieving requirements and cost and schedule goals;

“(I) adopting and executing standardized processes with known success across programs;

“(J) establishing an adequate workforce that is qualified and sufficient to perform necessary functions; and

“(K) integrating the capabilities described in subparagraphs (A) through (J).

“(7) MAJOR ACQUISITION PROGRAM.—The term ‘major acquisition program’ means—

“(A) a Department capital asset, service, or hybrid acquisition program that is estimated by the Secretary to require an eventual total expenditure of at least $300 million (based on fiscal year 2022 constant dollars) over its life-cycle cost; or

“(B) a program identified by the Under Secretary for Management as a program of special interest.

“(8) NON-MAJOR ACQUISITION PROGRAM.—The term ‘non-major acquisition program’ means a Department capital asset, service, or hybrid acquisition program that is estimated by the Secretary to require an eventual total expenditure of less than $300,000,000 (based on fiscal year 2022 constant dollars) over its life-cycle.”.

(b) Clerical amendment.—The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 837 the following new item:

“Sec. 838. Acquisition Review Board.”.

SEC. 6727. DHS contract reporting.

(a) Daily public report of covered contract awards.—

(1) 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. Each reported covered contract award shall include information relating to—

(A) the contract number, modification number, or delivery order number;

(B) the contract type;

(D) the total contract value for such award, including all options;

(E) the description of the purpose for such award;

(F) the number of proposals or bids received;

(G) the name and address of the vendor, and whether such vendor is considered a small business;

(H) the period and each place of performance for such award;

(I) whether such award is multiyear;

(J) whether such award requires a small business subcontracting plan; and

(K) the contracting office and the point of contact for such office.

(2) UPDATE.—Updates referred to in paragraph (1) shall occur not later than two business days after the date on which the covered contract is authorized or modified.

(3) SUBSCRIBING TO ALERTS.—The website referred to in paragraph (1) shall provide the option to subscribe to an automatic notification of the publication of each report required under such paragraph.

(4) EFFECTIVE DATE.—Paragraph (1) shall take effect on the date that is 180 days after the date of the enactment of this section.

(b) Undefinitized contract action or definitized amount.—If a covered contract award reported pursuant to subsection (a) includes an undefinitized contract action, the Secretary shall—

(1) report the estimated total contract value for such award and the amount obligated upon award; and

(2) once such award is definitized, update the total contract value and amount obligated.

(c) Exemption.—Each report required under subsection (a) shall not include covered contract awards relating to classified products, programs, or services.

(d) Definitions.—In this section:

(1) COVERED CONTRACT AWARD.—The term “covered contract award”—

(A) means a contract action of the Department with the total authorized dollar amount of $4,000,000 or greater, 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 such term is described 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 a covered contract award.

SEC. 6728. Unmanned aerial security.

(a) Prohibition on agency operation or procurement.—Except as provided in subsection (b) and subsection (c)(3), the Secretary of Homeland Security may not operate, provide financial assistance for, or enter into or renew a contract for the procurement of—

(1) an unmanned aircraft system (UAS) that—

(A) is manufactured in a covered foreign country or by a corporation domiciled in a covered foreign country;

(B) uses flight controllers, radios, data transmission devices, cameras, or gimbals manufactured in a covered foreign country or by a corporation domiciled in a covered foreign country;

(C) uses a ground control system or operating software developed in a covered foreign country or by a corporation domiciled in a covered foreign country; or

(D) uses network connectivity or data storage located in a covered foreign country or administered by a corporation domiciled in a covered foreign country;

(2) a software operating system associated with a UAS that uses network connectivity or data storage located in a covered foreign country or administered by a corporation domiciled in a covered foreign country; or

(3) a system for the detection or identification of a UAS, which system is manufactured in a covered foreign country or by a corporation domiciled in a covered foreign country.

(b) Waiver.—

(1) IN GENERAL.—The Secretary of Homeland Security is authorized to waive the prohibition under subsection (a) if the Secretary certifies in writing to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate that a UAS, a software operating system associated with a UAS, or a system for the detection or identification of a UAS referred to in any of subparagraphs (A) through (C) of such subsection that is the subject of such a waiver is required—

(A) in the national interest of the United States;

(B) for counter-UAS surrogate research, testing, development, evaluation, or training; or

(2) NOTICE.—The certification described in paragraph (1) shall be submitted to the Committees specified in such paragraph by not later than the date that is 14 days after the date on which a waiver is issued under such paragraph.

(1) IN GENERAL.—This Act shall take effect on the date that is 120 days after the date of the enactment of this Act.

(2) WAIVER PROCESS.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security shall establish a process by which the head of an office or component of the Department of Homeland Security may request a waiver under subsection (b).

(3) EXCEPTION.—Notwithstanding the prohibition under subsection (a), the head of an office or component of the Department of Homeland Security may continue to operate a UAS, a software operating system associated with a UAS, or a system for the detection or identification of a UAS described in any of subparagraphs (1) through (3) of such subsection that was in the inventory of such office or component on the day before the effective date of this Act until—

(A) such time as the Secretary of Homeland Security has—

(i) granted a waiver relating thereto under subsection (b); or

(ii) declined to grant such a waiver; or

(B) one year after the date of the enactment of this Act,

whichever is later.

(d) Drone origin security report to Congress.—Not later than 180 days after the date of the enactment of this Act, 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 terrorism threat assessment and report that contains information relating to the following:

(1) The extent to which the Department of Homeland Security has previously analyzed the threat that a UAS, a software operating system associated with a UAS, or a system for the detection or identification of a UAS from a covered foreign country operating in the United States poses, and the results of such analysis.

(2) The number of UAS, software operating systems associated with a UAS, or systems for the detection or identification of a UAS from a covered foreign country in operation by the Department, including an identification of the component or office of the Department at issue, as of such date.

(3) The extent to which information gathered by such a UAS, a software operating system associated with a UAS, or a system for the detection or identification of a UAS from a covered foreign country could be employed to harm the national or economic security of the United States.

(e) Definitions.—In this section:

(1) COVERED FOREIGN COUNTRY.—The term “covered foreign country” means a country that—

(A) the intelligence community has identified as a foreign adversary in its most recent Annual Threat Assessment; or

(B) the Secretary of Homeland Security, in coordination with the Director of National Intelligence, has identified as a foreign adversary that is not included in such Annual Threat Assessment.

(2) INTELLIGENCE COMMUNITY.—The term “intelligence community” has the meaning given such term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).

(3) UNMANNED AIRCRAFT SYSTEM; UAS.—The terms “unmanned aircraft system” and “UAS” have the meaning given the term “unmanned aircraft system” in section 44801 of title 49, United States Code.

SEC. 6731. 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) 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”;

(i) by inserting “, to the extent practicable,” after “identify”;

(ii) by striking “budget plan required to provide sufficient resources to successfully” and inserting “resources required to”; and

(iii) by striking the semicolon at the end and inserting the following: “, including any resources identified from redundant, wasteful, or unnecessary capabilities or capacities that may be redirected to better support other existing capabilities or capacities, as the case may be; and”;

(D) in paragraph (5), by striking “; and” and inserting a period; and

(E) by striking paragraph (6);

(3) in subsection (c)—

(A) in paragraph (1), by striking “December 31 of the year” and inserting “60 days after the date of the submission of the President’s budget for the fiscal year after the fiscal year”;

(B) in paragraph (2)—

(i) in subparagraph (B), by striking “description of the threats to” and inserting “risk assessment of”;

(ii) in subparagraph (C), by inserting “, as required under subsection (b)(2)” before the semicolon at the end;

(iii) in subparagraph (D)—

(I) by inserting “to the extent practicable,” before “a description”; and

(II) by striking “budget plan” and inserting “resources required”;

(iv) in subparagraph (F)—

(I) by inserting “to the extent practicable,” before “a discussion”; and

(II) by striking “the status of”;

(v) in subparagraph (G)—

(I) by inserting “to the extent practicable,” before “a discussion”;

(II) by striking “the status of”;

(III) by inserting “and risks” before “to national homeland”; and

(IV) by inserting “and” after the semicolon at the end;

(vi) by striking subparagraph (H); and

(vii) by redesignating subparagraph (I) as subparagraph (H);

(D) by inserting after paragraph (2) the following new paragraph:

“(3) DOCUMENTATION.—The Secretary shall retain and, upon request, provide to Congress the following documentation regarding each quadrennial homeland security review:

“(A) Records regarding the consultation carried out pursuant to subsection (a)(3), including the following:

“(i) All written communications, including communications sent out by the Secretary and feedback submitted to the Secretary through technology, online communications tools, in-person discussions, and the interagency process.

“(ii) Information on how feedback received by the Secretary informed each such quadrennial homeland security review.

“(B) Information regarding the risk assessment required pursuant to subsection (c)(2)(B), including the following:

“(i) The risk model utilized to generate such risk assessment.

“(ii) Information, including data used in the risk model, utilized to generate such risk assessment.

“(iii) Sources of information, including other risk assessments, utilized to generate such risk assessment.

“(iv) Information on assumptions, weighing factors, and subjective judgments utilized to generate such risk assessment, together with information on the rationale or basis thereof.”;

(4) by redesignating subsection (d) as subsection (e); and

(5) by inserting after subsection (c) the following new subsection:

“(d) Review.—Not later than 90 days after the submission of each report required under subsection (c)(1), the Secretary shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate information on the degree to which the findings and recommendations developed in the quadrennial homeland security review that is the subject of such report were integrated into the acquisition strategy and expenditure plans for the Department.”.

(b) Effective date.—The amendments made by this Act shall apply with respect to a quadrennial homeland security review conducted after December 31, 2021.

SEC. 6732. Bombing prevention.

(a) Office for Bombing Prevention.—

(1) IN GENERAL.—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 subtitle:

“subtitle E—Bombing Prevention

“SEC. 2251. Office for Bombing Prevention.

“(a) Establishment.—There is established within the Department an Office for Bombing Prevention (in this section referred to as the ‘Office’).

“(b) Activities.—The Office shall have the primary responsibility within the Department for enhancing the ability and coordinating the efforts of the United States to deter, detect, prevent, protect against, mitigate, and respond to terrorist explosive threats and attacks in the United States, including by carrying out the following:

“(1) Advising the Secretary on matters related to terrorist explosive threats and attacks in the United States.

“(2) Coordinating the efforts of the Department to counter terrorist explosive threats and attacks in the United States, including by carrying out the following:

“(A) Developing, in coordination with the Under Secretary for Strategy, Policy, and Plans, the Department’s strategy against terrorist explosives threats and attacks, including efforts to support the security and preparedness of critical infrastructure and the public sector and private sector.

“(B) Leading the prioritization of the Department’s efforts against terrorist explosive threats and attacks, including preparedness and operational requirements.

“(C) Ensuring, in coordination with the Under Secretary for Science and Technology and the Administrator of the Federal Emergency Management Agency, the identification, evaluation, and availability of effective technology applications through field pilot testing and acquisition of such technology applications by the public sector to deter, detect, prevent, protect against, mitigate, and respond to terrorist explosive threats and attacks in the United States.

“(D) Providing advice and recommendations to the Administrator of the Federal Emergency Management Agency regarding the effective use of grants authorized under section 2002.

“(E) In coordination with the Assistant Secretary for Countering Weapons of Mass Destruction, aligning Department efforts related to terrorist explosive threats and attacks in the United States and weapons of mass destruction.

“(3) Engaging other Federal departments and agencies, including Sector Risk Management Agencies, regarding terrorist explosive threats and attacks in the United States.

“(4) Facilitating information sharing and decision support of the public and private sector involved in deterrence, detection, prevention, protection against, mitigation of, and response to terrorist explosive threats and attacks in the United States. Such sharing and support may include the following:

“(A) Operating and maintaining a secure information sharing system that allows the sharing of critical information and data relating to terrorist explosive attack tactics, techniques, procedures, and security capabilities, including information and data described in paragraph (6) and section 2242.

“(B) Working with international partners, in coordination with the Office for International Affairs of the Department, to develop and share effective practices to deter, prevent, detect, protect against, mitigate, and respond to terrorist explosive threats and attacks in the United States.

“(5) Promoting security awareness among the public and private sector and the general public regarding the risks posed by the misuse of explosive precursor chemicals and other bomb-making materials.

“(6) Providing training, guidance, assessments, and planning assistance to the public and private sector, as appropriate, to help counter the risk of terrorist explosive threats and attacks in the United States.

“(7) Conducting analysis and planning for the capabilities and requirements necessary for the public and private sector, as appropriate, to deter, detect, prevent, protect against, mitigate, and respond to terrorist explosive threats and attacks in the United States by carrying out the following:

“(A) Maintaining a database on capabilities and requirements, including capabilities and requirements of public safety bomb squads, explosive detection canine teams, special tactics teams, public safety dive teams, and recipients of services described in section 2242.

“(B) Applying the analysis derived from the database described in subparagraph (A) with respect to the following:

“(i) Evaluating progress toward closing identified gaps relating to national strategic goals and standards related to deterring, detecting, preventing, protecting against, mitigating, and responding to terrorist explosive threats and attacks in the United States.

“(ii) Informing decisions relating to homeland security policy, assistance, training, research, development efforts, testing and evaluation, and related requirements regarding deterring, detecting, preventing, protecting against, mitigating, and responding to terrorist explosive threats and attacks in the United States.

“(8) Promoting secure information sharing of sensitive material and promoting security awareness, including by carrying out the following:

“(A) Operating and maintaining a secure information sharing system that allows the sharing among and between the public and private sector of critical information relating to explosive attack tactics, techniques, and procedures.

“(B) Educating the public and private sectors about explosive precursor chemicals.

“(C) Working with international partners, in coordination with the Office for International Affairs of the Department, to develop and share effective practices to deter, detect, prevent, protect against, mitigate, and respond to terrorist explosive threats and attacks in the United States.

“(D) Executing national public awareness and vigilance campaigns relating to terrorist explosive threats and attacks in the United States, preventing explosive attacks, and activities and measures underway to safeguard the United States.

“(E) Working with relevant stakeholder organizations.

“(9) Providing any other assistance the Secretary determines necessary.

“SEC. 2252. Countering explosive devices technical assistance.

“(a) Establishment.—Upon request, the Secretary shall, to the extent practicable, provide to the public and private sector technical assistance services to support the security and preparedness of such sectors, as appropriate, to counter terrorist explosive threats and attacks that pose a risk in certain jurisdictions, including vulnerable and disadvantaged communities, to critical infrastructure facilities, or to special events, as appropriate.

“(b) Elements.—Technical assistance services provided pursuant to subsection (a) shall—

“(1) support the planning and implementation of effective measures to deter, detect, prevent, protect against, mitigate, and respond to terrorist explosive threats and attacks in the United States, including effective strategic risk management and emergency operations plans;

“(2) support the security of explosive precursor chemicals and other bomb-making materials outside of regulatory control;

“(3) support efforts to prepare for and respond to bomb threats or other acts involving the malicious conveyance of false information concerning terrorist explosive threats and attacks in the United States;

“(4) make available resources to enhance deterrence, prevention, detection, protection, mitigation, and response capabilities for terrorist explosive threats and attacks in the United States, including coordination and communication, to better integrate State, local, Tribal, and territorial and private sector capabilities and assets, as appropriate, with Federal operations;

“(5) make available augmenting resources, as appropriate, to enable State, local, Tribal, and territorial governments to sustain and refresh their capabilities;

“(6) track performance in meeting the goals and associated plans of the provision of such technical assistance; and

“(7) include any other assistance the Secretary determines necessary.

“SEC. 2253. Relationship to other Department components and Federal agencies.

“(a) In general.—The authority of the Secretary under this subtitle shall not affect or diminish the authority or the responsibility of any officer of any other Federal agency with respect to the command, control, or direction of the functions, personnel, funds, assets, or liabilities of any other such Federal agency.

“(b) Department components.—Nothing in this subtitle or any other provision of law may be construed to affect or reduce the responsibilities of—

“(1) the Countering Weapons of Mass Destruction Office or the Assistant Secretary of the Office, including with respect to any asset, function, or mission of the Office or the Assistant Secretary, as the case may be;

“(2) the Federal Emergency Management Agency or the Administrator of the Agency, including the diversion of any asset, function, or mission of the Agency or the Administrator as the case may be; or

“(3) the Transportation Security Administration or the Administrator of the Administration, including the diversion of any asset, function, or mission of the Administration or the Administrator, as the case may be.”.

(2) STRATEGY AND REPORTS.—

(A) STRATEGY.—Not later than one year after the date of the enactment of this section, the head of the Office for Bombing Prevention of the Department of Homeland Security (established pursuant to section 2241 of the Homeland Security Act of 2002, as added by paragraph (1)), in consultation with the heads of other components of the Department and the heads of other Federal agencies, as appropriate, shall develop a strategy to align the Office’s activities with the threat environment and stakeholder needs, and make the public and private sector aware of the Office’s capabilities. Such strategy shall include the following elements:

(i) Information on terrorist explosive threats, tactics, and attacks in the United States.

(ii) Information, by region of the United States, regarding public and private sector entities likely to be targeted by terrorist explosive threats and attacks in the United States, including historically black colleges and universities and minority serving institutions, places of worship, health care facilities, transportation systems, commercial facilities, and government facilities.

(iii) Guidance on how outreach to owners and operators of critical infrastructure (as such term is defined in section 1016(e) of Public Law 107–56 (42 U.S.C. 5195c(e))) in a region should be prioritized.

(iv) A catalogue of the services and training currently offered by the Office, and a description of how such services and trainings assist the public and private sector to deter, detect, prevent, protect against, mitigate, and respond to terrorist explosive threats and attacks in the United States.

(v) Long-term objectives of the Office, including future service and training offerings.

(vi) Metrics for measuring the effectiveness of services and trainings offered by the Office.

(vii) An assessment of resource requirements necessary to implement such strategy.

(viii) A description of how the Office partners with other components of the Department and other Federal agencies to carry out its mission.

(B) REPORTS.—Not later than one year after the date of the enactment of this section 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 describing the activities of the Office for Bombing Prevention of the Department of Homeland Security (established pursuant to section 2241 of the Homeland Security Act of 2002, as added by paragraph (1)). Each such report shall include information on the following:

(i) Changes to terrorist explosive threats, tactics, and attacks in the United States.

(ii) Changes to the types of public and private sector entities likely to be targeted by terrorist explosive threats and attacks in the United States.

(iii) The number of trainings, assessments, and other engagements carried out by the Office within each region of the United States, including a description of the critical infrastructure sector or stakeholder served.

(iv) The number of trainings, assessments, or other engagements the Office was asked to conduct but did not, and an explanation relating thereto.

(v) The effectiveness of the trainings, assessments, or other engagements provided by the Office based on the metrics described in subparagraph (A)(vi).

(vi) Any changes or anticipated changes in the trainings, assessments, and other engagements, or any other services, offered by the Office, and an explanation relating thereto.

(3) 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 2246 the following new items:

“Subtitle E—Bombing Prevention

“Sec. 2251. Office for Bombing Prevention.
“Sec. 2252. Countering explosive devices technical assistance.
“Sec. 2253. Relationship to other Department components and Federal agencies.”.

(b) Explosives technology development.—

(1) IN GENERAL.—Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.) is further amended by adding at the end the following new section:

“SEC. 324. Explosives research and development.

“(a) In general.—The Secretary, acting through the Under Secretary for Science and Technology, and in coordination with the head of the Office for Bombing Prevention and the Assistant Secretary for the Countering Weapons of Mass Destruction Office, and in consultation with the Attorney General, the Secretary of Defense, and the head of any other relevant Federal department or agency, including Sector Risk Management Agencies, shall ensure coordination and information sharing regarding nonmilitary research, development, testing, and evaluation activities of the Federal Government relating to the deterrence, detection, prevention, protection against, mitigation of, and response to terrorist explosive threats and attacks in the United States.

“(b) Leveraging military research.—The Secretary, acting through the Under Secretary for Science and Technology, and in coordination with the head of the Office for Bombing Prevention and the Assistant Secretary for the Countering of Weapons of Mass Destruction Office, shall consult with the Secretary of Defense and the head of any other relevant Federal department or agency, including Sector Risk Management Agencies, to ensure that, to the maximum extent possible, military policies and procedures, and research, development, testing, and evaluation activities relating to the deterrence, detection, prevention, protection against, mitigation of, and response to terrorist explosive threats and attacks in the United States are adapted to nonmilitary uses.”.

(2) 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 323 the following new item:

“Sec. 324. Explosives research and development.”.

SEC. 6733. DHS basic training accreditation improvement.

(a) Reporting on basic training programs of the Department of Homeland Security.—

(1) ANNUAL REPORTING.—

(A) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act and annually thereafter, the Secretary of Homeland Security shall report to the relevant congressional committees on the accreditation status for each basic training program within the Department of Homeland Security, including information relating to the following:

(i) The date on which each such program achieved initial accreditation, or in the case of a program that is not currently accredited, the reasons for not obtaining or maintaining accreditation, the activities, if any, taken to achieve accreditation, and an anticipated timeline for accreditation of such program.

(ii) The date each such program most recently received accreditation or reaccreditation, if applicable.

(iii) Each such program’s anticipated accreditation or next reaccreditation date.

(iv) The name of the accreditation manager for each such program.

(B) TERMINATION OF REPORTING REQUIREMENT.—Annual reports under subparagraph (A) shall terminate when all basic training programs of the Department of Homeland Security are accredited.

(2) LAPSE IN ACCREDITATION.—

(A) IN GENERAL.—If a basic training program of the Department of Homeland Security loses accreditation, the head of the relevant component of the Department shall notify the Secretary of Homeland Security not later than 30 days after such loss.

(B) NOTICE TO CONGRESS.—Not later than 30 days after receiving a notification pursuant to subparagraph (A), the Secretary of Homeland Security shall notify the relevant congressional committees of the lapse in accreditation at issue, the reason for such lapse, and the activities underway and planned to regain accreditation.

(3) DEFINITIONS.—In this section:

(A) ACCREDITATION.—The term “accreditation” means the recognition by a board that a basic training program is administered, developed, and delivered according to an applicable set of standards.

(B) ACCREDITATION MANAGER.—The term “accreditation manager” means the individual assigned by the component of the Department of Homeland Security to manage accreditation activities for a basic training program.

(C) BASIC TRAINING PROGRAM.—The term “basic training program” means an entry level program of the Department of Homeland Security that is transitional to law enforcement service, provides training on critical competencies and responsibilities, and is typically a requirement for appointment to a law enforcement service job or job series.

(D) REACCREDITATION.—The term “reaccreditation” means the assessment of a basic training program after initial accreditation to ensure the continued compliance with an applicable set of standards.

(E) RELEVANT CONGRESSIONAL COMMITTEES.—The term “relevant congressional committees” means the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee of the Judiciary of the Senate.

(b) Research and development.—The Under Secretary for Science and Technology of the Department of Homeland Security shall carry out research and development of systems and technologies to enhance access to training offered by the Federal Law Enforcement Training Centers to State, local, Tribal, and territorial law enforcement, with particular attention to law enforcement in rural and remote communities, for the purpose of enhancing domestic preparedness for and collective response to terrorism and other homeland security threats.

SEC. 6734. Department of Homeland Security Inspector General transparency.

(a) In general.—Subtitle B of title VIII of the Homeland Security Act of 2002 is amended by inserting before section 812 the following new section:

“SEC. 811. Office of Inspector General.

“(a) Publication of reports.—

“(1) IN GENERAL.—Beginning not later than 30 days after the date of the enactment of this section, the Inspector General of the Department shall submit to the appropriate congressional committees any report finalized on and after such date that substantiates—

“(A) a violation of paragraph (8) or (9) of section 2302(b) of title 5, United States Code, section 1034 of title 10, United States Code, or Presidential Personnel Directive-19; or

“(B) an allegation of misconduct, waste, fraud, abuse, or violation of policy within the Department involving a member of the Senior Executive Service or politically appointed official of the Department.

“(2) PUBLIC AVAILABILITY.—

“(A) IN GENERAL.—Concurrent with the submission to the appropriate congressional committees of reports pursuant to paragraph (1), the Inspector General shall, consistent with privacy, civil rights, and civil liberties protections, publish on a publicly available website of the Inspector General each such report.

“(B) EXCEPTION.—The requirement pursuant to subparagraph (A) to publish reports does not apply if section (5)(e)(1) of the Inspector General Act of 1978 applies to any such report.

“(3) REQUIREMENT.—

“(A) IN GENERAL.—The Inspector General of the Department may not redact any portion of a report submitted pursuant to paragraph (1).

“(B) EXCEPTION.—The requirement under subparagraph (A) shall not apply with respect to the name or any other identifying information, including any contextual details not relevant to the audit, inspection, or evaluation at issue that may be used by other employees or officers of the Department to determine the identity of a whistleblower complainant, of a whistleblower complainant who does not consent to the inclusion of such in a report of the Inspector General.

“(b) Semiannual reporting.—Beginning with the first semiannual report transmitted to the appropriate committees or subcommittees of the Congress pursuant to section 5(b) of the Inspector General Act of 1978 that is transmitted after the date of the enactment of this section, each such report shall be accompanied by a list of ongoing audits, inspections, and evaluations of the Department, together with a narrative description relating to each such audit, inspection, or evaluation that identifies the scope of such audit, inspection, or evaluation, as the case may be, as well as the subject office, component, or directorate of the Department. For each such ongoing audit, inspection, or evaluation such narrative description shall include the following:

“(1) Information relating to the source of each such audit, inspection, or evaluation.

“(2) Information regarding whether each such audit, inspection, or evaluation is being conducted independently, jointly, concurrently, or in some other manner.

“(3) In the event each such audit, inspection, or evaluation was initiated due to a referral, the date on which the Inspector General notified the originator of a referral of the Inspector General’s intention to carry out such audit, inspection, or evaluation.

“(4) Information relating to the dates on which—

“(A) each such audit, inspection, or evaluation was initiated;

“(B) a draft report relating to each such audit, inspection, or evaluation is scheduled to be submitted to the Secretary for review; and

“(C) a final report relating to each such audit, inspection, or evaluation is scheduled to be submitted to the appropriate congressional committees and published on the website of the Inspector General in accordance with paragraphs (1) and (2), respectively, of subsection (a).

“(5) An explanation for—

“(A) any significant changes to the narrative description of each such audit, inspection, or evaluation, including the identification of the subject office, component, or directorate of the Department; or

“(B) a delay of more than 30 days in the scheduled date for submitting to the Secretary a draft report for review or publishing on the website of the Inspector General of the Department the final report relating to each such audit, inspection, or evaluation.

“(6) Data regarding tips and complaints made to the Inspector General Hotline of the Department or otherwise referred to the Department, including—

“(A) the number and type of tips and complaints regarding fraud, waste, abuse, corruption, financial crimes, civil rights and civil liberty abuse, or other complaints regarding criminal or non-criminal activity associated with fraud, waste, or abuse;

“(B) actions taken by the Department to address or resolve each substantiated tip or complaint;

“(C) the total amount of time it took the Department to so address or resolve each such substantiated tip or complaint;

“(D) the total number of tips and complaints that are substantiated compared with the number of tips and complaints that are unsubstantiated; and

“(E) the percentage of audits, inspections, and evaluations that are initiated as a result of tips and complaints made to the Inspector General Hotline.

“(c) Notification to Congress.—The Inspector General of the Department shall notify the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate if the head of an office or component of the Department does not provide in a timely manner to the Inspector General information or assistance that is requested by the Inspector General to conduct an audit, inspection, or evaluation.

“(d) Definition.—In this section, the term ‘appropriate congressional committees’ means the Committee on Homeland Security of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and any committee of the House of Representatives or the Senate, respectively, having legislative or oversight jurisdiction under the Rules of the House of Representatives or the Senate, respectively, over the matter concerned.”.

(b) Clerical amendment.—The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by amending the item relating to section 811 to read as follows:

“Sec. 811. Office of Inspector General.”.

(1) INSPECTOR GENERAL OF DHS.—Not later than one year after the date of the enactment of this Act, the Inspector General of the Department of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Comptroller General of the United States a report on the policies, procedures, and internal controls established that ensure compliance with the Quality Standards for Federal Offices of Inspector General from the Council of Inspectors General on Integrity and Efficiency.

(2) COMPTROLLER GENERAL.—Not later than one year after receipt of the report required under paragraph (1), the Comptroller General of the United States 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 an evaluation of such report.

SEC. 6735. 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) Competition design.—

(1) IN GENERAL.—Notwithstanding section 1342 of title 31, United States Code, the Director, in carrying out the competition, may consult with, and consider advice from, any person who has experience or expertise in the development, design, or execution of cybersecurity competitions.

(2) LIMITATION.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to consultations pursuant to this section.

(3) PROHIBITION.—A person with whom the Director consults under paragraph (1) may not—

(A) receive pay by reason of being so consulted; or

(B) be considered an employee of the Federal Government by reason of so consulting.

(c) 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.

(d) 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.

(e) Competition parameters.—Each competition shall incorporate the following elements:

(1) Cybersecurity skills outlined in the National Initiative for Cybersecurity Education Framework, or any successor framework.

(2) Individual and team events.

(3) Categories demonstrating offensive and defensive cyber operations, such as software reverse engineering and exploitation, network operations, forensics, big data analysis, cyber analysis, cyber defense, cyber exploitation, secure programming, obfuscated coding, or cyber-physical systems.

(4) Any other elements related to paragraphs (1), (2), or (3) as determined necessary by the Director.

(f) Use of funds.—

(1) IN GENERAL.—Notwithstanding any other provision of law, the Director may use amounts made available to the Director for the competition 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.

(D) Monetary and nonmonetary awards for competition participants, including members of the uniformed services.

(E) Necessary expenses for the honorary recognition of competition participants, including members of the uniformed services.

(F) Any other appropriate activity necessary to carry out the competition, as determined by the Director.

(2) APPLICATION.—This subsection shall apply to amounts appropriated on or after the date of the enactment of this Act.

(g) Prize limitation.—The Director may make one or more awards per competition, except that the amount or value of each shall not exceed $10,000. The Secretary of Homeland Security may make one or more awards per competition, except the amount or the value of each shall not to exceed $25,000. A monetary award under this section shall be in addition to the regular pay of the recipient.

(h) 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:

(1) A description of available funds under subsection (f) for each competition conducted in the preceding year.

(2) A description of expenditures authorized in subsection (g) for each competition.

(3) Information relating to the participation of each competition.

(4) Information relating to lessons learned from each competition and how such lessons may be applied to improve cybersecurity operations and recruitment of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security.

SEC. 6736. Industrial control systems cybersecurity training.

(a) In general.—Subtitle A of title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the following new section:

“SEC. 2220E. Industrial Control Systems Cybersecurity Training Initiative.

“(a) Establishment.—

“(1) IN GENERAL.—The Industrial Control Systems Cybersecurity Training Initiative (in this section referred to as the ‘Initiative’) is established within the Agency.

“(2) PURPOSE.—The purpose of the Initiative is to develop and strengthen the skills of the cybersecurity workforce related to securing industrial control systems.

“(b) Requirements.—In carrying out the Initiative, the Director shall—

“(1) ensure the Initiative includes—

“(A) virtual and in-person trainings and courses provided at no cost to participants;

“(B) trainings and courses available at different skill levels, including introductory level courses;

“(C) trainings and courses that cover cyber defense strategies for industrial control systems, including an understanding of the unique cyber threats facing industrial control systems and the mitigation of security vulnerabilities in industrial control systems technology; and

“(D) appropriate consideration regarding the availability of trainings and courses in different regions of the United States; and

“(2) engage in—

“(A) collaboration with the National Laboratories of the Department of Energy in accordance with section 309;

“(B) consultation with Sector Risk Management Agencies; and

“(C) as appropriate, consultation with private sector entities with relevant expertise, such as vendors of industrial control systems technologies.

“(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 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) Information on the number and demographics of participants in such courses, including by gender, race, and place of residence.

“(D) Information on the participation in such courses of workers from each critical infrastructure sector.

“(E) 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.

“(F) Recommendations on 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. 6737. TSA reaching across nationalities, societies, and languages to advance traveler education.

(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration (TSA) shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a plan to ensure that TSA material disseminated in major airports can be better understood by more people accessing such airports.

(b) Contents.—The plan required under subsection (a) shall include the following:

(1) An identification of the most common languages other than English that are the primary languages of individuals that travel through or work in each major airport.

(2) A plan to improve—

(A) TSA materials to communicate information in languages identified pursuant to paragraph (1); and

(B) the communication of TSA material to individuals with vision or hearing impairments or other possible barriers to understanding such material.

(c) Considerations.—In developing the plan required under subsection (a), the Administrator of the TSA, acting through the Office of Civil Rights and Liberties, Ombudsman, and Traveler Engagement of the TSA, shall take into consideration data regarding the following:

(1) International enplanements.

(2) Local populations surrounding major airports.

(3) Languages spoken by members of Indian Tribes within each service area population in which a major airport is located.

(d) Implementation.—Not later than 180 days after the submission of the plan required under subsection (a), the Administrator of the TSA, in consultation with the owner or operator of each major airport, shall implement such plan.

(e) GAO review.—Not later than one year after the implementation pursuant to subsection (d) of the plan required under subsection (a), the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a review of such implementation.

(f) Definitions.—In this section:

(1) AIRPORT.—The term “airport” has the meaning given such term in section 40102 of title 49, United States Code.

(2) INDIAN TRIBE.—The term “Indian Tribe” means an Indian Tribe, as such term is defined in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130), individually identified (including parenthetically) in the list published most recently as of the date of the enactment of this Act pursuant to section 104 of that Act (25 U.S.C. 5131).

(3) MAJOR AIRPORTS.—The term “major airports” means Category X and Category I airports.

(4) NON-TRAVELING INDIVIDUAL.—The term “non-traveling individual” has the meaning given such term in section 1560.3 of title 49, Code of Federal Regulations.

(5) TSA MATERIAL.—The term “TSA material” means signs, videos, audio messages, websites, press releases, social media postings, and other communications published and disseminated by the Administrator of the TSA in Category X and Category I airports for use by both traveling and non-traveling individuals.

SEC. 6738. Best practices related to certain information collected by rental companies and dealers (Darren Drake).

(a) Development and dissemination.—

(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall develop and disseminate best practices for rental companies and dealers to report suspicious behavior to law enforcement agencies at the point of sale of a covered rental vehicle.

(2) CONSULTATION; UPDATES.—The Secretary shall develop and, as necessary, update the best practices described in paragraph (1) after consultation with Federal, State, local, and Tribal law enforcement agencies and relevant transportation security stakeholders.

(3) GUIDANCE ON SUSPICIOUS BEHAVIOR.—The Secretary shall include, in the best practices developed under paragraph (1), guidance on defining and identifying suspicious behavior in a manner that protects civil rights and civil liberties.

(b) Report to Congress.—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 implementation of this section, including an assessment of—

(1) the impact of the best practices described in subsection (a) on efforts to protect the United States against terrorist attacks; and

(2) ways to improve and expand cooperation and engagement between—

(A) the Department of Homeland Security;

(B) Federal, State, local, and Tribal law enforcement agencies; and

(1) The terms “dealer” and “rental company” have the meanings given those terms in section 30102 of title 49, United States Code.

(2) The term “covered rental vehicle” means a motor vehicle that—

(A) is rented without a driver for an initial term of less than 4 months; and

(B) is part of a motor vehicle fleet of 35 or more motor vehicles that are used for rental purposes by a rental company.

SEC. 6739. 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 of the House of Representatives; and

(B) the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate.

(3) TSA.—The term “TSA” means the Transportation Security Administration of the Department of Homeland Security.

(b) Establishment.—Notwithstanding 44901(a) of title 49, United States Code, the Administrator, in coordination with the Commissioner of U.S. Customs and Border Protection, may establish 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—

(1) high risk passengers and their property;

(2) weapons, explosives, and incendiaries;

(3) screening passengers and property transferring at a foreign last point of departure airport from another airport and bound for the United States, and addressing any commingling of such passengers and property with passengers and property screened under the pilot program described in subsection (b); and

(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.—An aviation security screening agreement described in this subsection is a treaty, executive agreement, or other international arrangement that—

(1) (A) in the case of a treaty or executive agreement, is signed by the President; and

(B) in the case of an international agreement, is signed by only the President, Secretary of Homeland Security, or Administrator, without delegating such authority; and

(2) is 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.

(f) Re-screening requirement.—

(1) IN GENERAL.—If the Administrator determines that a foreign country participating in the aviation security screening agreement has not maintained and implemented security standards and protocols comparable to those of the United States at foreign last point of departure airports at which a pilot program has been established in accordance with this section, the Administrator shall ensure that passengers and their property arriving from such airports are re-screened in the United States, including by using explosives detection systems in accordance with section 44901(d)(1) of title 49, United States Code, and implementing regulations and directives, before such passengers and their property are permitted into sterile areas of airports in the United States.

(2) CONSULTATION.—If the Administrator has reasonable grounds to believe that the other party to an aviation security screening agreement has not complied with such agreement, the Administrator shall request immediate consultation with such party.

(3) SUSPENSION OR TERMINATION OF AGREEMENT.—If a satisfactory resolution between TSA and a foreign country is not reached within 45 days after a consultation request under paragraph (2) or in the case of the foreign country’s continued or egregious failure to maintain the security standards and protocols described in paragraph (1), the President, Secretary of Homeland Security, or Administrator, as appropriate, shall suspend or terminate the aviation security screening agreement with such country, as determined appropriate by the President, Secretary of Homeland Security, or Administrator. The Administrator shall notify the appropriate congressional committees of such consultation and suspension or termination, as the case may be, not later than seven days after such consultation and suspension or termination.

(g) Briefings to Congress.—Not later than 45 days before an aviation security screening agreement described in subsection (e) enters into force, the Administrator shall submit to the appropriate congressional committees—

(1) an aviation security threat assessment for the country in which such foreign last point of departure airport is located;

(2) information regarding any corresponding mitigation efforts to address any security issues identified in such threat assessment, including any plans for joint covert testing;

(3) information on potential security vulnerabilities associated with commencing a pilot program at such foreign last point of departure airport pursuant to subsection (b) and mitigation plans to address such potential security vulnerabilities;

(4) an assessment of the impacts such pilot program will have on aviation security;

(5) an assessment of the screening performed at such foreign last point of departure airport, including the feasibility of TSA personnel monitoring screening, security protocols, and standards;

(6) information regarding identifying the entity or entities responsible for screening passengers and property at such foreign last point of departure airport;

(7) the name of the entity or local authority and any contractor or subcontractor;

(8) information regarding the screening requirements relating to such aviation security screening agreement;

(9) details regarding information sharing mechanisms between the TSA and such foreign last point of departure airport, screening authority, or entity responsible for screening provided for under such aviation security screening agreement; and

(10) a copy of the aviation security screening agreement, which shall identify the foreign last point of departure airport or airports at which a pilot program under this section is to be established.

(h) Certifications relating to the pilot program for one-stop security.—For each aviation security screening agreement described in subsection (e), the Administrator shall submit to the appropriate congressional committees—

(1) (A) a certification that such agreement satisfies all of the requirements specified in subsection (c); or

(B) in the event that one or more of such requirements are not so satisfied, a description of the unsatisfied requirement and information on what actions the Administrator will take to ensure that such remaining requirements are satisfied before such agreement enters into force;

(2) a certification that TSA and U.S. Customs and Border Protection have ensured that any necessary physical modifications or appropriate mitigations exist in the domestic one-stop security pilot program airport prior to receiving international passengers from a last point of departure airport under the aviation security screening agreement;

(3) a certification that a foreign last point of departure airport covered by an aviation security screening agreement has an operation to screen all checked bags as required by law, regulation, or international agreement, including the full utilization of explosives detection systems to the extent applicable; and

(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 a report to the appropriate congressional committees regarding the implementation of the pilot program authorized under this section, including information relating to—

(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; and

(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. 6740. DHS illicit cross-border tunnel defense.

(a) Counter illicit cross-border tunnel operations strategic plan.—

(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection, in coordination with the Under Secretary for Science and Technology, and, as appropriate, other officials of the Department of Homeland Security, shall develop a counter illicit cross-border tunnel operations strategic plan (in this section referred to as the “strategic plan”) to address the following:

(A) Risk-based criteria to be used to prioritize the identification, breach, assessment, and remediation of illicit cross-border tunnels.

(B) Promote the use of innovative technologies to identify, breach, assess, and remediate illicit cross-border tunnels in a manner that, among other considerations, reduces the impact of such activities on surrounding communities.

(D) Indicators of specific types of illicit cross-border tunnels found in each U.S. Border Patrol sector identified through operations to be periodically disseminated to U.S. Border Patrol sector chiefs to educate field personnel.

(E) A counter illicit cross-border tunnel operations resource needs assessment that includes consideration of the following:

(i) Technology needs.

(ii) Staffing needs, including the following:

(I) A position description for counter illicit cross-border tunnel operations personnel.

(II) Any specialized skills required of such personnel.

(III) The number of such full time personnel, disaggregated by U.S. Border Patrol sector.

(2) REPORT TO CONGRESS ON STRATEGIC PLAN.—Not later than one year after the development of the strategic plan, the Commissioner of U.S. Customs and Border Protection shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the implementation of the strategic plan.

(b) Authorization of appropriations.—There is authorized to be appropriated to the Commissioner of U.S. Customs and Border Protection $1,000,000 for each of fiscal years 2023 and 2024 to carry out—

(1) the development of the strategic plan; and

(2) remediation operations of illicit cross-border tunnels in accordance with the strategic plan to the maximum extent practicable.

SEC. 6741. Prevent exposure to narcotics and toxics.

(a) 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.—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 secondary exposure to fentanyl and other potentially lethal substances.”.

(b) Availability of containment devices.—Section 416(c) of the Homeland Security Act of 2002 (6 U.S.C. 216(c)) is amended—

(1) by striking “and” after “equipment” and inserting a comma; and

(2) by inserting “and containment devices” after “naloxone,”.

SEC. 6751. 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. 6801. Definitions.

In this title:

(1) ADMINISTRATOR.—The term “Administrator” means the Administrator of the Federal Emergency Management Agency.

(2) AGENCY.—The term “Agency” means the Federal Emergency Management Agency.

(3) EMERGENCY.—The term “emergency” means an emergency declared by the President under section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191).

(4) EQUITY.—The term “equity” means the guarantee of fair treatment, advancement, equal opportunity, and access for underserved communities and others, the elimination of barriers that have prevented full participation for underserved communities, and the reduction of disparate outcomes.

(5) EQUITABLE.—The term “equitable” means having or exhibiting equity.

(6) FEDERAL ASSISTANCE.—The term “Federal assistance” means assistance provided pursuant to—

(A) a declaration of a major disaster or emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act;

(B) sections 203 and 205 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act; and

(7) MAJOR DISASTER.—The term “major disaster” means 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).

(8) UNDERSERVED COMMUNITY.—The term “underserved community” means—

(A) the Native-American and Alaskan-Native community;

(B) the African-American community;

(D) the Hispanic community (including individuals of Mexican, Puerto Rican, Cuban, and Central or South American origin);

(E) the Pacific Islander community;

(F) the Middle Eastern and North African community;

(G) a rural community;

(H) a low-income community;

(I) individuals with disabilities;

(J) a limited English proficiency community;

(K) other individuals or communities otherwise adversely affected by persistent poverty or inequality; and

(L) any other disadvantaged community, as determined by the Administrator.

SEC. 6811. Data collection, analysis, and criteria.

(a) In General.—Not later than one year after the date of enactment of this Act, the Administrator shall, in consultation with the Secretary of Housing and Urban Development and the Administrator of the Small Business Administration, develop and implement a process to ensure equity in the provision of Federal assistance and throughout all programs and policies of the Agency.

(b) Specific areas for consultation.—In carrying out subsection (a), the Administrator shall identify requirements for ensuring the quality, consistency, accessibility, and availability of information needed to identify programs and policies of the Agency that may not support the provision of equitable Federal assistance, including—

(1) information requirements;

(2) data sources and collection methods; and

(3) strategies for overcoming data or other information challenges.

(c) Modification of data collection systems.—The Administrator shall modify the data collection systems of the Agency based on the process developed under subsection (a) to ensure the quality, consistency, accessibility, and availability of information needed to identify any programs and policies of the Agency that may not support the provision of equitable Federal assistance.

SEC. 6812. Criteria for ensuring equity in policies and programs.

(a) In general.—Not later than one year after the date of enactment of this Act, the Administrator shall develop, disseminate, and update, as appropriate, criteria to apply to policies and programs of the Agency to ensure equity in the provision of Federal assistance and throughout all programs and policies of the Agency.

(b) Consultation.—In developing and disseminating the criteria required under subsection (a), the Administrator shall consult with—

(1) the Office for Civil Rights and Civil Liberties of the Department of Homeland Security;

(2) the United States Department of Housing and Urban Development; and

(3) the Small Business Administration.

(1) IN GENERAL.—The Administrator shall, to the maximum extent possible, integrate the criteria developed under subsection (a) into existing and future processes related to the provision of Federal assistance.

(2) PRIORITY.—The Administrator shall prioritize integrating the criteria under paragraph (1) into processes related to the provision of—

(A) assistance under sections 402, 403, 406, 407, 428, and 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170a et seq.);

(B) Federal assistance to individuals and households under section 408 of such Act (42 U.S.C. 5174);

(D) predisaster hazard mitigation assistance under section 203 of such Act (42 U.S.C. 5133).

SEC. 6813. Metrics; report.

(a) Metrics.—In carrying out this subtitle, the Administrator shall—

(1) establish metrics to measure the efficacy of the process developed under section 6811 and the criteria developed under section 6812; and

(2) seek input from relevant representatives of State, regional, local, territorial, and Tribal governments, representatives of community-based organizations, subject matter experts, and individuals from underserved communities impacted by disasters.

(b) Report.—Not later than one year after the dissemination of the criteria under section 6812(a), and annually thereafter, the Administrator shall submit to Congress a report describing how the criteria and processes developed under this subtitle have impacted efforts to ensure equity in the provision of Federal assistance and throughout all programs and policies of the Agency, including—

(1) any obstacles identified or areas for improvement with respect to implementation of such criteria and processes, including any recommended legislative changes;

(2) the effectiveness of such criteria and processes, as measured by the metrics established under subsection (a); and

(3) any impacts of such criteria and processes on the provision of Federal assistance, with specific attention to impacts related to efforts within the Agency to address barriers to access and reducing disparate outcomes.

SEC. 6821. Equity advisor.

(a) In general.—The Administrator shall designate a senior official within the Agency as an equity advisor to the Administrator to be responsible for advising the Administrator on Agency efforts to ensure equity in the provision of Federal assistance and throughout all programs and policies of the Agency.

(b) Qualifications.—In designating an equity advisor under subsection (a), the Administrator shall select an individual who is a qualified expert with significant experience with respect to equity policy, civil rights policy, or programmatic reforms.

(1) participate in the implementation of sections 6811 and 6812;

(2) monitor equity the implementation of equity efforts within the Agency and within Federal Emergency Management Agency Regions to ensure consistency in the implementation of policy or programmatic changes intended to ensure equity in the provision of Federal assistance and throughout all programs and policies of the Agency;

(3) identify ways to improve the policies and programs of the Agency to ensure that such policies and programs are equitable, including enhancing opportunities to support underserved populations in preparedness, mitigation, protection, response, and recovery; and

(4) any other activities the Administrator considers appropriate.

(d) Consultation.—In carrying out the duties under this section, the equity advisor shall, on an ongoing basis, consult with representatives of underserved communities, including communities directly impacted by disasters, to evaluate opportunities and develop approaches to advancing equity within the Agency, including by increasing coordination, communication, and engagement with—

(1) community-based organizations;

(2) civil rights organizations;

(3) institutions of higher education;

(4) research institutions;

(5) academic organizations specializing in diversity, equity, and inclusion issues; and

(6) religious and faith-based organizations.

SEC. 6822. Equity Enterprise Steering Group.

(a) Establishment.—There is established in the Agency a steering group to advise the Administrator on how to ensure equity in the provision of Federal assistance and throughout all programs and policies of the Agency.

(b) Responsibilities.—In carrying out subsection (a), the steering group established under this section shall—

(1) review and, as appropriate, recommend changes to Agency-wide policies, procedures, plans, and guidance;

(2) support the development and implementation of the processes and criteria developed under subtitle A; and

(3) monitor the integration and establishment of metrics developed under section 6813.

(c) Composition.—The Administrator shall appoint the following individuals as members of the steering group established under subsection (a):

(1) Representatives from each of the following offices of the Agency:

(A) The Office of Equal Rights.

(B) The Office of Response and Recovery.

(D) The Office of Disability Integration and Coordination.

(E) The United States Fire Administration.

(F) The mission support office of the Agency.

(G) The Office of Chief Counsel.

(H) The Office of the Chief Financial Officer.

(I) The Office of Policy and Program Analysis.

(J) The Office of External Affairs.

(2) The administrator of each Regional Office, or his or her designee.

(3) The equity advisor, as designated by the Administrator under section 6821.

(4) A representative from the Office for Civil Rights and Civil Liberties of the Department of Homeland Security.

(5) The Superintendent of the Emergency Management Institute.

(6) The National Tribal Affairs Advisor of the Federal Emergency Management Agency.

(7) Any other official of the Agency the Administrator determines appropriate.

(d) Leadership.—The Administrator shall designate one or more members of the steering group established under subsection (a) to serve as chair of the steering group.

SEC. 6823. GAO review of equity reforms.

Not later than three years after the date of enactment of this Act, the Comptroller General of the United States shall issue a report to evaluate the implementation of this subtitle and subtitle A.

SEC. 6831. GAO review of factors to determine assistance.

(a) In General.—Not later than one year after the date of enactment of this Act, the Comptroller General of the United States shall issue a report describing the factors the Agency considers when evaluating a request from a Governor to declare that a major disaster or emergency exists and to authorize assistance under sections 402, 403, 406, 407, 408, 428, and 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170a et seq.).

(b) Contents.—The report issued under subsection (a) shall include—

(1) an assessment of—

(A) the degree to which the factors the Agency considers when evaluating a request for a major disaster or emergency declaration—

(i) affect equity for underserved communities, particularly with respect to major disaster and emergency declaration requests, approvals of such requests, and the authorization of assistance described in subsection (a); and

(ii) are designed to deliver equitable outcomes;

(B) how the Agency utilizes such factors or monitors whether such factors result in equitable outcomes;

(C) the extent to which major disaster and emergency declaration requests, approvals of such requests, and the authorization of assistance described in subsection (a), are more highly correlated with high-income counties compared to lower-income counties;

(D) whether the process and administrative steps for conducting preliminary damage assessments are equitable; and

(E) to the extent practicable, whether such factors may deter a Governor from seeking a major disaster or emergency declaration for potentially eligible counties; and

(2) a consideration of the extent to which such factors affect underserved communities—

(A) of varying size;

(B) with varying population density and demographic characteristics;

(D) located in urban or rural areas.

(c) Recommendations.—The Comptroller General shall include in the report issued under subsection (a) any recommendations for changes to the factors the Agency considers when evaluating a request for a major disaster or emergency declaration to account for underserved communities.

SEC. 6901. Short title.

This title may be cited as the “Global Health Security Act of 2022”.

SEC. 6902. Findings.

Congress finds the following:

(1) In December 2009, President Obama released the National Strategy for Countering Biological Threats, which listed as one of seven objectives “Promote global health security: Increase the availability of and access to knowledge and products of the life sciences that can help reduce the impact from outbreaks of infectious disease whether of natural, accidental, or deliberate origin”.

(2) In February 2014, the United States and nearly 30 other nations launched the Global Health Security Agenda (GHSA) to address several high-priority, global infectious disease threats. The GHSA is a multi-faceted, multi-country initiative intended to accelerate partner countries’ measurable capabilities to achieve specific targets to prevent, detect, and respond to infectious disease threats, whether naturally occurring, deliberate, or accidental.

(3) In 2015, the United Nations adopted the Sustainable Development Goals (SDGs), which include specific reference to the importance of global health security as part of SDG 3 “ensure healthy lives and promote well-being for all at all ages” as follows: “strengthen the capacity of all countries, in particular developing countries, for early warning, risk reduction and management of national and global health risks”.

(4) On November 4, 2016, President Obama signed Executive Order No. 13747, “Advancing the Global Health Security Agenda to Achieve a World Safe and Secure from Infectious Disease Threats”.

(5) In October 2017 at the GHSA Ministerial Meeting in Uganda, the United States and more than 40 GHSA member countries supported the “Kampala Declaration” to extend the GHSA for an additional 5 years to 2024.

(6) In December 2017, President Trump released the National Security Strategy, which includes the priority action: “Detect and contain biothreats at their source: We will work with other countries to detect and mitigate outbreaks early to prevent the spread of disease. We will encourage other countries to invest in basic health care systems and to strengthen global health security across the intersection of human and animal health to prevent infectious disease outbreaks”.

(7) In September 2018, President Trump released the National Biodefense Strategy, which includes objectives to “strengthen global health security capacities to prevent local bioincidents from becoming epidemics”, and “strengthen international preparedness to support international response and recovery capabilities”.

(8) In January 2021, President Biden issued Executive Order 13987 (86 Fed. Reg. 7019; relating to Organizing and Mobilizing the United States Government to Provide a Unified and Effective Response to Combat COVID–19 and to Provide United States Leadership on Global Health and Security), as well as National Security Memorandum on United States Global Leadership to Strengthen the International COVID–19 Response and to Advance Global Health Security and Biological Preparedness, which include objectives to strengthen and reform the World Health Organization, increase United States leadership in the global response to COVID–19, and to finance and advance global health security and pandemic preparedness.

SEC. 6903. Statement of policy.

It is the policy of the United States to—

(1) promote and invest in global health security and pandemic preparedness as a core national security interest;

(2) advance the aims of the Global Health Security Agenda;

(3) collaborate with other countries to detect and mitigate outbreaks early to prevent the spread of disease;

(4) encourage and support other countries to advance pandemic preparedness by investing in basic resilient and sustainable health care systems; and

(5) strengthen global health security across the intersection of human and animal health to prepare for and prevent infectious disease outbreaks and combat the growing threat of antimicrobial resistance.

SEC. 6904. Global Health Security Agenda Interagency Review Council.

(a) Establishment.—The President shall establish a Global Health Security Agenda Interagency Review Council (in this section referred to as the “Council”) to perform the general responsibilities described in subsection (c) and the specific roles and responsibilities described in subsection (e).

(b) Meetings.—The Council shall meet not less than four times per year to advance its mission and fulfill its responsibilities.

(1) Provide policy-level recommendations to participating agencies on Global Health Security Agenda (GHSA) goals, objectives, and implementation, and other international efforts to strengthen pandemic preparedness and response.

(2) Facilitate interagency, multi-sectoral engagement to carry out GHSA implementation.

(3) Provide a forum for raising and working to resolve interagency disagreements concerning the GHSA, and other international efforts to strengthen pandemic preparedness and response.

(4) (A) Review the progress toward and work to resolve challenges in achieving United States commitments under the GHSA, including commitments to assist other countries in achieving the GHSA targets.

(B) The Council shall consider, among other issues, the following:

(i) The status of United States financial commitments to the GHSA in the context of commitments by other donors, and the contributions of partner countries to achieve the GHSA targets.

(ii) The progress toward the milestones outlined in GHSA national plans for those countries where the United States Government has committed to assist in implementing the GHSA and in annual work-plans outlining agency priorities for implementing the GHSA.

(iii) The external evaluations of United States and partner country capabilities to address infectious disease threats, including the ability to achieve the targets outlined within the WHO Joint External Evaluation tool, as well as gaps identified by such external evaluations.

(d) Participation.—The Council shall be headed by the Assistant to the President for National Security Affairs, in coordination with the heads of relevant Federal agencies. The Council shall consist of representatives from the following agencies:

(1) The Department of State.

(2) The Department of Defense.

(3) The Department of Justice.

(4) The Department of Agriculture.

(5) The Department of Health and Human Services.

(6) The Department of the Treasury.

(7) The Department of Labor.

(8) The Department of Homeland Security.

(9) The Office of Management and Budget.

(10) The Office of the Director of National Intelligence.

(11) The United States Agency for International Development.

(12) The Environmental Protection Agency.

(13) The Centers for Disease Control and Prevention.

(14) The Office of Science and Technology Policy.

(15) The National Institutes of Health.

(16) The National Institute of Allergy and Infectious Diseases.

(17) Such other agencies as the Council determines to be appropriate.

(e) Specific roles and responsibilities.—

(1) IN GENERAL.—The heads of agencies described in subsection (d) shall—

(A) make the GHSA and its implementation and global pandemic preparedness a high priority within their respective agencies, and include GHSA- and global pandemic preparedness-related activities within their respective agencies’ strategic planning and budget processes;

(B) designate a senior-level official to be responsible for the implementation of this title;

(C) designate, in accordance with subsection (d), an appropriate representative at the Assistant Secretary level or higher to participate on the Council;

(D) keep the Council apprised of GHSA-related activities undertaken within their respective agencies;

(E) maintain responsibility for agency-related programmatic functions in coordination with host governments, country teams, and GHSA in-country teams, and in conjunction with other relevant agencies;

(F) coordinate with other agencies that are identified in this section to satisfy programmatic goals, and further facilitate coordination of country teams, implementers, and donors in host countries; and

(G) coordinate across national health security action plans and with GHSA and other partners, as appropriate, to which the United States is providing assistance.

(2) ADDITIONAL ROLES AND RESPONSIBILITIES.—In addition to the roles and responsibilities described in paragraph (1), the heads of agencies described in subsection (d) shall carry out their respective roles and responsibilities described in subsections (b) through (i) of section 3 of Executive Order 13747 (81 Fed. Reg. 78701; relating to Advancing the Global Health Security Agenda to Achieve a World Safe and Secure from Infectious Disease Threats), as in effect on the day before the date of the enactment of this Act.

SEC. 6905. United States Coordinator for Global Health Security.

(a) In general.—The President shall appoint an individual to the position of United States Coordinator for Global Health Security, who shall be responsible for the coordination of the interagency process for responding to global health security emergencies. As appropriate, the designee shall coordinate with the President’s Special Coordinator for International Disaster Assistance.

(b) Congressional briefing.—Not less frequently than twice each year, the employee designated under this section shall provide to the appropriate congressional committees a briefing on the responsibilities and activities of the individual under this section.

SEC. 6906. Sense of Congress.

It is the sense of the Congress that, given the complex and multisectoral nature of global health threats to the United States, the President—

(1) should consider appointing an individual with significant background and expertise in public health or emergency response management to the position of United States Coordinator for Global Health Security, as required by section 6905(a), who is an employee of the National Security Council at the level of Deputy Assistant to the President or higher; and

(2) in providing assistance to implement the strategy required under section 6907(a), should—

(A) coordinate, through a whole-of-government approach, the efforts of relevant Federal departments and agencies to implement the strategy;

(B) seek to fully utilize the unique capabilities of each relevant Federal department and agency while collaborating with and leveraging the contributions of other key stakeholders; and

(C) utilize open and streamlined solicitations to allow for the participation of a wide range of implementing partners through the most appropriate procurement mechanisms, which may include grants, contracts, cooperative agreements, and other instruments as necessary and appropriate.

SEC. 6907. Strategy and reports.

(a) Strategy.—The President shall coordinate the development and implementation of a strategy to implement the policy aims described in section 6903, which shall—

(1) seek to strengthen United States diplomatic leadership and improve the effectiveness of United States foreign assistance for global health security to prevent, detect, and respond to infectious disease threats, including through advancement of the Global Health Security Agenda (GHSA), the International Health Regulations (2005), and other relevant frameworks that contribute to global health security and pandemic preparedness;

(2) establish specific and measurable goals, benchmarks, timetables, performance metrics, and monitoring and evaluation plans for United States foreign assistance for global health security that promote learning and reflect international best practices relating to global health security, transparency, and accountability;

(3) establish mechanisms to improve coordination and avoid duplication of effort between the United States Government and partner countries, donor countries, the private sector, multilateral organizations, and other key stakeholders;

(4) prioritize working with partner countries with demonstrated—

(A) need, as identified through the Joint External Evaluation process, the Global Health Security Index classification of health systems, national action plans for health security, GHSA Action Packages, and other complementary or successor indicators of global health security and pandemic preparedness; and

(5) reduce long-term reliance upon United States foreign assistance for global health security by promoting partner country ownership, improved domestic resource mobilization, co-financing, and appropriate national budget allocations for global health security and pandemic preparedness and response;

(6) assist partner countries in building the technical capacity of relevant ministries, systems, and networks to prepare, execute, monitor, and evaluate effective national action plans for health security, including mechanisms to enhance budget and global health data transparency, as necessary and appropriate;

(7) support and be aligned with country-owned global health security policy and investment plans developed with input from key stakeholders, as appropriate;

(8) facilitate communication and collaboration, as appropriate, among local stakeholders in support of a multi-sectoral approach to global health security;

(9) support the long-term success of programs by building the capacity of local organizations and institutions in target countries and communities;

(10) develop community resilience to infectious disease threats and emergencies;

(11) support global health budget and workforce planning in partner countries, including training in financial management and budget and global health data transparency;

(12) align United States foreign assistance for global health security with national action plans for health security in partner countries, developed with input from key stakeholders, including the private sector, to the greatest extent practicable and appropriate;

(13) 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 supply chains in partner countries with the capacity, resources, and personnel required to prevent, detect, and respond to infectious disease threats;

(14) support innovation and public-private partnerships to improve pandemic preparedness and response, including for the development and deployment of effective, accessible, and affordable infectious disease tracking tools, diagnostics, therapeutics, and vaccines;

(15) support collaboration with and among relevant public and private research entities engaged in global health security; and

(16) support collaboration between United States universities and public and private institutions in partner countries that promote global health security and innovation.

(b) Strategy submission.—

(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the President, in consultation with the head of each relevant Federal department and agency, shall submit to the appropriate congressional committees the strategy required under subsection (a) that provides a detailed description of how the United States intends to advance the policy set forth in section 6903 and the agency-specific plans described in paragraph (2).

(2) AGENCY-SPECIFIC PLANS.—The strategy required under subsection (a) shall include specific implementation plans from each relevant Federal department and agency that describe—

(A) the anticipated contributions of the department or agency, including technical, financial, and in-kind contributions, to implement the strategy; and

(B) the efforts of the 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.

(1) IN GENERAL.—Not later than 1 year after the date on which the strategy required under subsection (a) is submitted to the appropriate congressional committees under subsection (b), and not later than October 1 of each year thereafter, the President shall submit to the appropriate congressional committees a report that describes the status of the implementation of the strategy.

(2) CONTENTS.—The report required under paragraph (1) shall—

(A) identify any substantial changes made in the strategy during the preceding calendar year;

(B) describe the progress made in implementing the strategy;

(C) identify the indicators used to establish benchmarks and measure results over time, as well as the mechanisms for reporting such results in an open and transparent manner;

(D) contain a transparent, open, and detailed accounting of expenditures by relevant Federal departments and agencies to implement the strategy, including, to the extent practicable, for each Federal department and agency, the statutory source of expenditures, amounts expended, partners, targeted populations, and types of activities supported;

(E) describe how the strategy leverages other United States global health and development assistance programs and bilateral and multilateral institutions;

(F) assess efforts to coordinate United States global health security programs, activities, and initiatives with key stakeholders;

(G) incorporate a plan for regularly reviewing and updating strategies, partnerships, and programs and sharing lessons learned with a wide range of stakeholders, including key stakeholders, in an open, transparent manner; and

(H) describe the progress achieved and challenges concerning the United States Government’s ability to advance GHSA 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 therein.

(d) Form.—The strategy required under subsection (a) and the report required under subsection (c) shall be submitted in unclassified form but may contain a classified annex.

SEC. 6908. Establishment of fund for global health security and pandemic preparedness.

(a) Negotiations for establishment of a fund for global health security and pandemic preparedness.—The Secretary of State, in coordination with the Secretary of the Treasury, the Administrator of the United States Agency for International Development, the Secretary of Health and Human Services, and the heads of other relevant Federal departments and agencies as necessary and appropriate, should seek to enter into negotiations with donors, relevant United Nations agencies, including the World Health Organization, and other key multilateral stakeholders, for the establishment of—

(1) a multilateral, catalytic financing mechanism for global health security and pandemic preparedness, which may be known as the Fund for Global Health Security and Pandemic Preparedness (in this title referred to as “the Fund”), in accordance with the provisions of this section; and

(2) an Advisory Board to the Fund in accordance with section 6909.

(b) Purpose.—The purpose of the Fund should be to close critical gaps in global health security and pandemic preparedness and build capacity in eligible partner countries in the areas of global health security, infectious disease control, and pandemic preparedness, such that it—

(1) prioritizes capacity building and financing availability in eligible partner countries;

(2) incentivizes countries to prioritize the use of domestic resources for global health security and pandemic preparedness;

(3) leverages government, nongovernment, and private sector investments;

(4) regularly responds to and evaluates progress based on clear metrics and benchmarks, such as the Joint External Evaluation and Global Health Security Index;

(5) aligns with and complements 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, and Gavi, the Vaccine Alliance; and

(6) accelerates country compliance with the International Health Regulations (2005) and fulfillment of the Global Health Security Agenda 2024 Framework, in coordination with the ongoing Joint External Evaluation national action planning process.

(1) IN GENERAL.—The Fund should be governed by an Executive Board, which should be composed of not more than 20 representatives of donor governments, foundations, academic institutions, civil society, and the private sector that meet a minimum threshold in annual contributions and agree to uphold transparency measures.

(2) DUTIES.—The Executive Board should 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. In addition, the Executive Board should—

(A) be comprised only of contributors to the Fund at not less than the minimum threshold to be established pursuant to paragraph (1);

(B) determine operational procedures such that the Fund is able to effectively fulfill its mission; and

(C) provide oversight and accountability for the Fund in collaboration with the Inspector General to be established pursuant to section 6910(e)(1)(A).

(3) COMPOSITION.—The Executive Board should include—

(A) representatives of the governments of founding permanent member countries who, in addition to the requirements in paragraph (1), qualify based upon meeting an established initial contribution threshold, which should be not less than 10 percent of total initial contributions, and a demonstrated commitment to supporting the International Health Regulations (2005);

(B) term members, who are from academic institutions, civil society, and the private sector and are selected by the permanent members on the basis of their experience and commitment to innovation, best practices, and the advancement of global health security objectives; and

(4) QUALIFICATIONS.—Individuals appointed to the Executive Board should have demonstrated knowledge and experience across a variety of sectors, including human and animal health, agriculture, development, defense, finance, research, and academia.

(5) CONFLICTS OF INTEREST.—

(A) TECHNICAL EXPERTS.—The Executive Board may include independent technical experts, provided they are not affiliated with or employed by a recipient country or organization.

(B) MULTILATERAL BODIES AND INSTITUTIONS.—Executive Board members appointed under paragraph (3)(C) should recuse themselves from matters presenting conflicts of interest, including financing decisions relating to such bodies and institutions.

(6) UNITED STATES REPRESENTATION.—

(A) IN GENERAL.—

(i) FOUNDING PERMANENT MEMBER.—The Secretary of State shall seek to establish the United States as a founding permanent member of the Fund.

(ii) UNITED STATES REPRESENTATION.—The United States shall be represented on the Executive Board by an officer or employee of the United States appointed by the President.

(B) EFFECTIVE AND TERMINATION DATES.—

(i) EFFECTIVE DATE.—This paragraph shall take effect upon the date the Secretary of State certifies and transmits to Congress an agreement establishing the Fund.

(ii) TERMINATION DATE.—The membership established pursuant to subparagraph (A) shall terminate upon the date of termination of the Fund.

(7) REMOVAL PROCEDURES.—The Fund should establish procedures for the removal of members of the Executive Board who engage in a consistent pattern of human rights abuses, fail to uphold global health data transparency requirements, or otherwise violate the established standards of the Fund, including in relation to corruption.

(8) ENFORCEABILITY.—Any agreement concluded under the authorities provided by this section shall be legally effective and binding upon the United States, as may be provided in the agreement, upon—

(A) the enactment of appropriate implementing legislation which 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, receiving the necessary consent of the Senate.

(9) ELIGIBLE PARTNER COUNTRY DEFINED.—In this section, the term “eligible partner country” means a country with demonstrated—

(A) need, as identified through the Joint External Evaluation process, the Global Health Security Index classification of health systems, national action plans for health security, and other complementary or successor indicators of global health security and pandemic preparedness; and

(B) 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, and in which the Fund for Global Health Security and Pandemic Preparedness established under this section may finance global health security and pandemic preparedness assistance programs under this title.

SEC. 6909. Fund authorities.

(a) Program objectives.—

(1) IN GENERAL.—In carrying out the purpose set forth in section 6908, the Fund, acting through the Executive Board, should provide grants, including challenge grants, technical assistance, concessional lending, catalytic investment funds, and other innovative funding mechanisms, as appropriate, to—

(A) help eligible partner countries close critical gaps in health security, as identified through the Joint External Evaluation process, the Global Health Security Index classification of health systems, and national action plans for health security and other complementary or successor indicators of global health security and pandemic preparedness; and

(B) support measures that enable such countries, at both national and sub-national levels, and in partnership with civil society and the private sector, to strengthen and sustain resilient health systems and supply chains with the resources, capacity, and personnel required to prevent, detect, mitigate, and respond to infectious disease threats before they become pandemics.

(2) ACTIVITIES SUPPORTED.—The activities to be supported by the Fund should include efforts to—

(A) enable eligible partner countries to formulate and implement national health security and pandemic preparedness action plans, advance action packages under the Global Health Security Agenda, and adopt and uphold commitments under the International Health Regulations (2005) and other related international health agreements, as appropriate;

(B) support global health security budget planning in eligible partner countries, including training in financial management and budget and global health data transparency;

(C) strengthen the health security workforce, including hiring, training, and deploying experts to improve frontline preparedness for emerging epidemic and pandemic threats;

(D) improve infection control and the protection of healthcare workers within healthcare settings;

(E) combat the threat of antimicrobial resistance;

(F) strengthen laboratory capacity and promote biosafety and biosecurity through the provision of material and technical assistance;

(G) reduce the risk of bioterrorism, zoonotic disease spillover, and accidental biological release;

(H) build technical capacity to manage global health security related supply chains, including for personal protective equipment, oxygen, testing reagents, and other lifesaving supplies, through effective forecasting, procurement, warehousing, and delivery from central warehouses to points of service in both the public and private sectors;

(I) enable bilateral, regional, and international partnerships and cooperation, including through pandemic early warning systems and emergency operations centers, to identify and address transnational infectious disease threats exacerbated by natural and man-made disasters, human displacement, and zoonotic infection;

(J) establish partnerships for the sharing of best practices and enabling eligible countries to meet targets and indicators under the Joint External Evaluation process, the Global Health Security Index classification of health systems, and national action plans for health security relating to the detection, treatment, and prevention of neglected tropical diseases;

(K) build the technical capacity of eligible partner countries to prepare for and respond to second order development impacts of infectious disease outbreaks, while accounting for the differentiated needs and vulnerabilities of marginalized populations;

(L) develop and utilize metrics to monitor and evaluate programmatic performance and identify best practices, including in accordance with Joint External Evaluation benchmarks, Global Health Security Agenda targets, and Global Health Security Index indicators;

(M) develop and deploy mechanisms to enhance the transparency and accountability of global health security and pandemic preparedness programs and data, in compliance with the International Health Regulations (2005), including through the sharing of trends, risks, and lessons learned; and

(N) develop and implement simulation exercises, produce and release after action reports, and address related gaps.

(3) IMPLEMENTATION OF PROGRAM OBJECTIVES.—In carrying out the objectives of paragraph (1), 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 global health security and pandemic preparedness, including—

(A) governments, civil society, faith-based, and nongovernmental organizations, research and academic institutions, and private sector entities in eligible partner countries;

(B) the pandemic early warning systems and emergency operations centers to be established under section 6909;

(D) the Global Health Security Agenda;

(E) the Global Health Security Initiative;

(F) the Global Fund to Fight AIDS, Tuberculosis, and Malaria;

(G) the United Nations Office for the Coordination of Humanitarian Affairs, UNICEF, and other relevant funds, programs, and specialized agencies of the United Nations;

(H) Gavi, the Vaccine Alliance;

(I) the Coalition for Epidemic Preparedness Innovations (CEPI);

(J) the Global Polio Eradication Initiative; and

(K) the United States Coordinator for Global Health Security and Diplomacy established under section 5.

(b) Priority.—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 preparedness identified under Joint External Evaluations and national action plans for health security;

(3) demonstrated political and financial commitment to pandemic preparedness; and

(4) demonstrated commitment to upholding global health budget and data transparency and accountability standards, complying with the International Health Regulations (2005), investing in domestic health systems, and achieving measurable results.

(c) Eligible grant recipients.—Governments and nongovernmental organizations should be eligible to receive grants as described in this section.

SEC. 6910. Fund administration.

(a) Appointment of an administrator.—The Executive Board of the Fund should appoint an Administrator who should be responsible for managing the day-to-day operations of the Fund.

(b) Authority to solicit and accept contributions.—The Fund should be authorized to solicit and accept contributions from governments, the private sector, foundations, individuals, and nongovernmental entities of all kinds.

(c) Accountability of funds and criteria for programs.—As part of the negotiations described in section 6908(a), the Secretary of the State, shall, consistent with subsection (d)—

(1) take such actions as are 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; and

(2) seek agreement on the criteria that should be used to determine the programs and activities that should be assisted by the Fund.

(d) Selection of partner countries, projects, and recipients.—The Executive Board should establish—

(1) eligible partner country selection criteria, to include transparent metrics to measure and assess global health security and pandemic 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;

(5) such rules and procedures as may be necessary for cost-effective management of the Fund; and

(6) such rules and procedures as may be necessary to ensure transparency and accountability in the grant-making process.

(e) Additional transparency and accountability requirements.—

(1) INSPECTOR GENERAL.—

(A) IN GENERAL.—The Secretary of State shall seek to ensure that the Fund maintains an independent Office of the Inspector General and ensure that the office has 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.

(B) SENSE OF CONGRESS ON CORRUPTION.—It is the sense of Congress that—

(i) corruption within global health programs contribute directly to the loss of human life and cannot be tolerated; and

(ii) in making financial recoveries relating to a corrupt act or criminal conduct under a grant, as determined by the Inspector General, the responsible grant recipient should be assessed at a recovery rate of up to 150 percent of such loss.

(2) ADMINISTRATIVE EXPENSES.—The Secretary of State shall seek to ensure the Fund establishes, maintains, and makes publicly available a system to track the administrative and management costs of the Fund on a quarterly basis.

(3) FINANCIAL TRACKING SYSTEMS.—The Secretary of State shall ensure that the Fund establishes, maintains, and makes publicly available a system to track the amount of funds disbursed to each grant recipient and sub-recipient during a grant’s fiscal cycle.

SEC. 6911. Fund Advisory Board.

(a) In general.—There should be an Advisory Board to the Fund.

(b) Appointments.—The members of the Advisory Board should be composed of—

(1) individuals with experience and leadership in the fields of development, global health, epidemiology, medicine, biomedical research, and social sciences; and

(2) representatives of relevant United Nations agencies, including the World Health Organization, and nongovernmental organizations with on-the-ground experience in implementing global health programs in low and lower-middle income countries.

(c) Responsibilities.—The Advisory Board should provide advice and guidance to the Executive Board of the Fund on the development and implementation of programs and projects to be assisted by the Fund and on leveraging donations to the Fund.

(d) Prohibition on payment of compensation.—

(1) IN GENERAL.—Except for travel expenses (including per diem in lieu of subsistence), no member of the Advisory Board should receive compensation for services performed as a member of the Board.

(2) UNITED STATES REPRESENTATIVE.—Notwithstanding any other provision of law (including an international agreement), a representative of the United States on the Advisory Board may not accept compensation for services performed as a member of the Board, except that such representative may accept travel expenses, including per diem in lieu of subsistence, while away from the representative’s home or regular place of business in the performance of services for the Board.

(e) Conflicts of interest.—Members of the Advisory Board should be required to disclose any potential conflicts of interest prior to serving on the Advisory Board.

SEC. 6912. Reports to Congress on the Fund.

(a) Status report.—Not later than 6 months after the date of enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, and the heads of other relevant Federal departments and agencies, shall submit to the appropriate congressional committees a report detailing the progress of international negotiations to establish the Fund.

(b) Annual report.—

(1) IN GENERAL.—Not later than 1 year after the date of the establishment of the Fund, and annually thereafter for the duration of the Fund, the Secretary of State, shall submit to the appropriate congressional committees a report on the Fund.

(2) REPORT ELEMENTS.—The report shall include a description of—

(A) the goals of the Fund;

(B) the programs, projects, and activities supported by the Fund;

(D) the criteria utilized to determine the programs and activities that should be assisted by the Fund.

(c) GAO report on effectiveness.—Not later than 2 years after the date that the Fund comes into effect, the Comptroller General of the United States shall submit to the appropriate congressional committees a report evaluating the effectiveness of the Fund, including—

(1) the effectiveness of the programs, projects, and activities supported by the Fund; and

(2) an assessment of the merits of continued United States participation in the Fund.

SEC. 6913. United States contributions.

(a) In general.—Subject to submission of the certification under this section, the President is authorized to make available for United States contributions to the Fund such funds as may be authorized to be made available for such purpose.

(b) Notification.—The Secretary of State shall notify the appropriate congressional committees not later than 15 days in advance of making a contribution to the Fund, including—

(1) the amount of the proposed contribution;

(2) the total of funds contributed by other donors; and

(3) the national interests served by United States participation in the Fund.

(c) Limitation.—At no point during the five years after enactment of this Act shall a United States contribution to the Fund cause the cumulative total of United States contributions to the Fund to exceed 33 percent of the total contributions to the Fund from all sources.

(d) Withholdings.—

(1) SUPPORT FOR ACTS OF INTERNATIONAL TERRORISM.—If at any time 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.

(2) EXCESSIVE SALARIES.—If at any time during the five years after enactment of this Act, the Secretary of State determines that the salary of any individual employed by the Fund exceeds the salary of the Vice President of the United States for that fiscal year, then the United States should withhold from its contribution for the next fiscal year an amount equal to the aggregate amount by which the salary of each such individual exceeds the salary of the Vice President of the United States.

(3) 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 Inspector General of the United States Agency for International Development, 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. 6914. 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 Act of 2022.”.

SEC. 6915. Definitions.

In this title:

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional Committees” means—

(A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and

(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.

(2) GLOBAL HEALTH SECURITY.—The term “global health security” means activities supporting epidemic and pandemic preparedness and capabilities at the country and global levels in order to minimize vulnerability to acute public health events that can endanger the health of populations across geographical regions and international boundaries.

SEC. 6916. Sunset.

This title, and the amendments made by this title shall cease to be effective 5 fiscal years after the enactment of this Act.

SEC. 7001. Restrictions on transfers of defense articles and services, design and construction services, and major defense equipment to Saudi Arabia.

(a) Initial period.—During the 120-day period beginning on the date of the enactment of this Act, the President may not sell, authorize a license for the export of, or otherwise transfer any defense articles or defense services, design and construction services, or major defense equipment under the Arms Export Control Act (22 U.S.C. 2751 et seq.) to an intelligence, internal security, or law enforcement agency or instrumentality of the Government of Saudi Arabia, or to any person acting as an agent of or on behalf of such agency or instrumentality.

(b) Subsequent periods.—

(1) IN GENERAL.—During the 120-day period beginning after the end of the 120-day period described in subsection (a), and each 120-day period thereafter, the President may not sell, authorize a license for the export of, or otherwise transfer any defense articles or services, design and construction services, or major defense equipment under the Arms Export Control Act (22 U.S.C. 2751 et seq.), regardless of the amount of such articles, services, or equipment, to an intelligence, internal security, or law enforcement agency or instrumentality of the Government of Saudi Arabia, or to any person acting as an agent of or on behalf of such agency or instrumentality, unless the President has submitted to the chairman and ranking member of the appropriate congressional committees a certification described in paragraph (2).

(2) CERTIFICATION.—A certification described in this paragraph is a certification that contains a determination of the President that, during the 120-day period preceding the date of submission of the certification, the United States Government has not determined that the Government of Saudi Arabia has conducted any of the following activities:

(A) Forced repatriation, intimidation, or killing of dissidents in other countries.

(B) The unjust imprisonment in Saudi Arabia of United States citizens or aliens lawfully admitted for permanent residence or the prohibition on these individuals and their family members from exiting Saudi Arabia.

(c) Exception.—The restrictions in this section shall not apply with respect to the sale, authorization of a license for export, or transfer of any defense articles or services, design and construction services, or major defense equipment under the Arms Export Control Act (22 U.S.C. 2751 et seq.) for use in—

(1) the defense of the territory of Saudi Arabia from external threats; or

(2) the defense of United States military or diplomatic personnel or United States facilities located in Saudi Arabia.

(d) Waiver.—

(1) IN GENERAL.—The President may waive the restrictions in this section if the President submits to the appropriate congressional committees a report not later than 15 days before the granting of such waiver that contains—

(A) a determination of the President that such a waiver is in the vital national security interests of the United States; and

(B) a detailed justification for the use of such waiver and the reasons why the restrictions in this section cannot be met.

(2) FORM.—The report required by this subsection shall be submitted in unclassified form but may contain a classified annex.

(e) Sunset.—This section shall terminate on the date that is 3 years after the date of the enactment of this Act.

(f) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on Armed Services of the House of Representatives; and

(2) the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on Armed Services of the Senate.

SEC. 7002. Report on consistent pattern of acts of intimidation or harassment directed against individuals in the United States.

(a) Findings.—Congress finds the following:

(1) Section 6 of the Arms Export Control Act (22 U.S.C. 2756) states the following: “No letters of offer may be issued, no credits or guarantees may be extended, and no export licenses may be issued under this Act with respect to any country determined by the President to be engaged in a consistent pattern of acts of intimidation or harassment directed against individuals in the United States”.

(2) Section 6 of the Arms Export Control Act further requires the President to report any such determination promptly to the Speaker of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and to the chairman of the Committee on Foreign Relations of the Senate.

(b) Report on acts of intimidation or harassment against individuals in the United States.—Not later than 60 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on—

(1) whether any official of the Government of Saudi Arabia engaged in a consistent pattern of acts of intimidation or harassment directed against Jamal Khashoggi or any individual in the United States; and

(2) whether any United States-origin defense articles were used in the activities described in paragraph (1).

(c) Form.—The report 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 Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and

(2) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate.

SEC. 7003. Report and certification with respect to Saudi diplomats and diplomatic facilities in the United States.

(a) Report on Saudi diplomats and diplomatic facilities in United States.—Not later than 120 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report covering the three-year period preceding such date of enactment regarding whether and to what extent covered persons used diplomatic credentials, visas, or covered facilities to facilitate monitoring, tracking, surveillance, or harassment of, or harm to, other nationals of Saudi Arabia living in the United States.

(b) Certification.—

(1) IN GENERAL.—Not later than 120 days after the date of the enactment of this Act, and each 120-day period thereafter, the President shall, if the President determines that such is the case, submit to the appropriate congressional committees a certification that the United States Government has not determined covered persons to be using diplomatic credentials, visas, or covered facilities to facilitate serious harassment of, or harm to, other nationals of Saudi Arabia living in the United States during the time period covered by each such certification.

(2) FAILURE TO SUBMIT CERTIFICATION.—If the President does not submit a certification under paragraph (1), the President shall—

(A) close one or more covered facilities for such period of time until the President does submit such a certification; and

(B) submit to the appropriate congressional committee a report that contains—

(i) a detailed explanation of why the President is unable to make such a certification;

(ii) a list and summary of engagements of the United States Government with the Government of Saudi Arabia regarding the use of diplomatic credentials, visas, or covered facilities described in paragraph (1); and

(iii) a description of actions the United States Government has taken or intends to take in response to the use of diplomatic credentials, visas, or covered facilities described in paragraph (1).

(c) Form.—The report required by subsection (a) and the certification and report required by subsection (b) shall be submitted in unclassified form but may contain a classified annex.

(d) Waiver.—

(A) a determination of the President that such a waiver is in the vital national security interests of the United States; and

(B) a detailed justification for the use of such waiver and the reasons why the restrictions in this section cannot be met.

(2) FORM.—The report required by this subsection shall be submitted in unclassified form but may contain a classified annex.

(e) Sunset.—This section shall terminate on the date that is 3 years after the date of the enactment of this Act.

(f) Definitions.—In this section:

(1) The term “appropriate congressional committees” means—

(A) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and

(B) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate.

(2) The term “covered facility” means a diplomatic or consular facility of Saudi Arabia in the United States.

(3) The term “covered person” means a national of Saudi Arabia credentialed to a covered facility.

SEC. 7004. Report on the duty to warn obligation of the Government of the United States.

(a) Findings.—Congress finds that Intelligence Community Directive 191 provides that—

(1) when an element of the intelligence community of the United States collects or acquires credible and specific information indicating an impending threat of intentional killing, serious bodily injury, or kidnapping directed at a person, the agency must “warn the intended victim or those responsible for protecting the intended victim, as appropriate” unless an applicable waiver of the duty is granted by the appropriate official within the element; and

(2) when issues arise with respect to whether the threat information rises to the threshold of “duty to warn”, the directive calls for resolution in favor of warning the intended victim.

(b) Report on duty to warn.—Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the heads of other relevant United States intelligence agencies, shall submit to the appropriate congressional committees a report with respect to—

(1) whether and how the intelligence community fulfilled its duty to warn Jamal Khashoggi of threats to his life and liberty pursuant to Intelligence Community Directive 191; and

(2) in the case of the intelligence community not fulfilling its duty to warn as described in paragraph (1), why the intelligence community did not fulfill this duty.

(c) Form.—The report required by subsection (b) shall be submitted in unclassified form but may contain a classified annex.

(d) Definitions.—In this section:

(1) The term “appropriate congressional committees” means—

(A) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and

(B) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate.

(2) The term “duty to warn” has the meaning given that term in Intelligence Community Directive 191, as in effect on July 21, 2015.

(3) The term “intelligence community” has the meaning given such term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).

(4) The term “relevant United States intelligence agency” means any element of the intelligence community that may have possessed intelligence reporting regarding threats to Jamal Khashoggi.

SEC. 7101. Definition of State.

In subtitles A through D, the term “State” means the State of Colorado.

SEC. 7111. Definitions.

In this subtitle:

(1) COVERED AREA.—The term “covered area” means any area designated as wilderness by the amendments to section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103–77) made by section 7112(a).

(2) HISTORIC LANDSCAPE.—The term “Historic Landscape” means the Camp Hale National Historic Landscape designated by section 7118(a).

(3) RECREATION MANAGEMENT AREA.—The term “Recreation Management Area” means the Tenmile Recreation Management Area designated by section 7114(a).

(4) SECRETARY.—The term “Secretary” means the Secretary of Agriculture.

(5) WILDLIFE CONSERVATION AREA.—The term “Wildlife Conservation Area” means, as applicable—

(A) the Porcupine Gulch Wildlife Conservation Area designated by section 7115(a);

(B) the Williams Fork Mountains Wildlife Conservation Area designated by section 7116(a); and

SEC. 7112. Colorado Wilderness additions.

(a) Designation.—Section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103–77) is amended—

(1) in paragraph (18), by striking “1993,” and inserting “1993, and certain Federal land within the White River National Forest that comprises approximately 6,896 acres, as generally depicted as ‘Proposed Ptarmigan Peak Wilderness Additions’ on the map entitled ‘Proposed Ptarmigan Peak Wilderness Additions’ and dated June 24, 2019,”; and

(2) by adding at the end the following:

“(23) HOLY CROSS WILDERNESS ADDITION.—Certain Federal land within the White River National Forest that comprises approximately 3,866 acres, as generally depicted as ‘Proposed Megan Dickie Wilderness Addition’ on the map entitled ‘Holy Cross Wilderness Addition Proposal’ and dated June 24, 2019, which shall be incorporated into, and managed as part of, the Holy Cross Wilderness designated by section 102(a)(5) of Public Law 96–560 (94 Stat. 3266).

“(24) HOOSIER RIDGE WILDERNESS.—Certain Federal land within the White River National Forest that comprises approximately 5,235 acres, as generally depicted as ‘Proposed Hoosier Ridge Wilderness’ on the map entitled ‘Tenmile Proposal’ and dated April 22, 2022, which shall be known as the ‘Hoosier Ridge Wilderness’.

“(25) TENMILE WILDERNESS.—Certain Federal land within the White River National Forest that comprises approximately 7,624 acres, as generally depicted as ‘Proposed Tenmile Wilderness’ on the map entitled ‘Tenmile Proposal’ and dated April 22, 2022, which shall be known as the ‘Tenmile Wilderness’.

“(26) EAGLES NEST WILDERNESS ADDITIONS.—Certain Federal land within the White River National Forest that comprises approximately 7,634 acres, as generally depicted as ‘Proposed Freeman Creek Wilderness Addition’ and ‘Proposed Spraddle Creek Wilderness Addition’ on the map entitled ‘Eagles Nest Wilderness Additions Proposal’ and dated April 26, 2022, which shall be incorporated into, and managed as part of, the Eagles Nest Wilderness designated by Public Law 94–352 (90 Stat. 870).”.

(b) Applicable law.—Any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act for purposes of administering a covered area.

(c) Fire, insects, and diseases.—In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may carry out any activity in a covered area that the Secretary determines to be necessary for the control of fire, insects, and diseases, subject to such terms and conditions as the Secretary determines to be appropriate.

(d) Grazing.—The grazing of livestock on a covered area, if established before the date of enactment of this Act, shall be permitted to continue subject to such reasonable regulations as are considered to be necessary by the Secretary, 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 the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96–617).

(e) Coordination.—For purposes of administering the Federal land designated as wilderness by paragraph (26) of section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103–77) (as added by subsection (a)(2)), the Secretary shall, as determined to be appropriate for the protection of watersheds, coordinate the activities of the Secretary in response to fires and flooding events with interested State and local agencies.

SEC. 7113. Williams Fork Mountains potential wilderness.

(a) Designation.—In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land in the White River National Forest in the State, comprising approximately 8,036 acres, as generally depicted as “Proposed Williams Fork Mountains Wilderness” on the map entitled “Williams Fork Mountains Proposal” and dated June 24, 2019, is designated as a potential wilderness area.

(b) Management.—Subject to valid existing rights and except as provided in subsection (d), the potential wilderness area designated by subsection (a) shall be managed in accordance with—

(1) the Wilderness Act (16 U.S.C. 1131 et seq.); and

(2) this section.

(1) IN GENERAL.—Not later than 3 years after the date of enactment of this Act, in accordance with applicable laws (including regulations), the Secretary shall publish a determination regarding whether to authorize livestock grazing or other use by livestock on the vacant allotments known as—

(A) the “Big Hole Allotment”; and

(B) the “Blue Ridge Allotment”.

(2) MODIFICATION OF ALLOTMENTS.—In publishing a determination pursuant to paragraph (1), the Secretary may modify or combine the vacant allotments referred to in that paragraph.

(3) PERMIT OR OTHER AUTHORIZATION.—Not later than 1 year after the date on which a determination of the Secretary to authorize livestock grazing or other use by livestock is published under paragraph (1), if applicable, the Secretary shall grant a permit or other authorization for that livestock grazing or other use in accordance with applicable laws (including regulations).

(d) Range improvements.—

(1) IN GENERAL.—If the Secretary permits livestock grazing or other use by livestock on the potential wilderness area under subsection (c), the Secretary, or a third party authorized by the Secretary, may use motorized or mechanized transport or equipment for purposes of constructing or rehabilitating such range improvements as are necessary to obtain appropriate livestock management objectives (including habitat and watershed restoration).

(2) TERMINATION OF AUTHORITY.—The authority provided by this subsection terminates on the date that is 2 years after the date on which the Secretary publishes a positive determination under subsection (c)(3).

(e) Designation as wilderness.—

(1) DESIGNATION.—The potential wilderness area designated by subsection (a) shall be designated as wilderness, to be known as the “Williams Fork Mountains Wilderness”—

(A) effective not earlier than the date that is 180 days after the date of enactment this Act; and

(B) on the earliest of—

(i) the date on which the Secretary publishes in the Federal Register a notice that the construction or rehabilitation of range improvements under subsection (d) is complete;

(ii) the date described in subsection (d)(2); and

(iii) the effective date of a determination of the Secretary not to authorize livestock grazing or other use by livestock under subsection (c)(1).

(2) ADMINISTRATION.—Subject to valid existing rights, the Secretary shall manage the Williams Fork Mountains Wilderness in accordance with the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103–77), except that any reference in that Act to the effective date of that Act shall be considered to be a reference to the date on which the Williams Fork Mountains Wilderness is designated in accordance with paragraph (1).

SEC. 7114. Tenmile Recreation Management Area.

(a) Designation.—Subject to valid existing rights, the approximately 17,120 acres of Federal land in the White River National Forest in the State, as generally depicted as “Proposed Tenmile Recreation Management Area” on the map entitled “Tenmile Proposal” and dated April 22, 2022, are designated as the “Tenmile Recreation Management Area”.

(b) Purposes.—The purposes of the Recreation Management Area are to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the recreational, scenic, watershed, habitat, and ecological resources of the Recreation Management Area.

(1) IN GENERAL.—The Secretary shall manage the Recreation Management Area—

(A) in a manner that conserves, protects, and enhances—

(i) the purposes of the Recreation Management Area described in subsection (b); and

(ii) recreation opportunities, including mountain biking, hiking, fishing, horseback riding, snowshoeing, climbing, skiing, camping, and hunting; and

(B) in accordance with—

(i) the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.);

(ii) any other applicable laws (including regulations); and

(iii) this section.

(2) USES.—

(A) IN GENERAL.—The Secretary shall only allow such uses of the Recreation Management Area as the Secretary determines would further the purposes described in subsection (b).

(B) VEHICLES.—

(i) IN GENERAL.—Except as provided in clause (iii), the use of motorized vehicles in the Recreation Management Area shall be limited to the roads, vehicle classes, and periods authorized for motorized vehicle use on the date of enactment of this Act.

(ii) NEW OR TEMPORARY ROADS.—Except as provided in clause (iii), no new or temporary road shall be constructed in the Recreation Management Area.

(iii) EXCEPTIONS.—Nothing in clause (i) or (ii) prevents the Secretary from—

(I) rerouting or closing an existing road or trail to protect natural resources from degradation, as the Secretary determines to be appropriate;

(II) authorizing the use of motorized vehicles for administrative purposes or roadside camping;

(III) constructing temporary roads or permitting the use of motorized vehicles to carry out pre- or post-fire watershed protection projects;

(IV) authorizing the use of motorized vehicles to carry out any activity described in subsection (d), (e)(1), or (f); or

(V) responding to an emergency.

(i) IN GENERAL.—Subject to clause (ii), no project shall be carried out in the Recreation Management Area for the purpose of harvesting commercial timber.

(ii) LIMITATION.—Nothing in clause (i) prevents the Secretary from harvesting or selling a merchantable product that is a byproduct of an activity authorized under this section.

(d) Fire, insects, and diseases.—The Secretary may carry out any activity, in accordance with applicable laws (including regulations), that the Secretary determines to be necessary to manage wildland fire and treat hazardous fuels, insects, and diseases in the Recreation Management Area, subject to such terms and conditions as the Secretary determines to be appropriate.

(e) Water.—

(1) EFFECT ON WATER MANAGEMENT INFRASTRUCTURE.—Nothing in this section affects the construction, repair, reconstruction, replacement, operation, maintenance, or renovation within the Recreation Management Area of—

(A) water management infrastructure in existence on the date of enactment of this Act; or

(B) any future infrastructure necessary for the development or exercise of water rights decreed before the date of enactment of this Act.

(2) APPLICABLE LAW.—Section 3(e) of the James Peak Wilderness and Protection Area Act (Public Law 107–216; 116 Stat. 1058) shall apply to the Recreation Management Area.

(f) Permits.—Nothing in this section affects—

(1) any permit held by a ski area or other entity; or

(2) the implementation of associated activities or facilities authorized by law or permit outside the boundaries of the Recreation Management Area.

SEC. 7115. Porcupine Gulch Wildlife Conservation Area.

(a) Designation.—Subject to valid existing rights, the approximately 8,287 acres of Federal land located in the White River National Forest, as generally depicted as “Proposed Porcupine Gulch Wildlife Conservation Area” on the map entitled “Porcupine Gulch Wildlife Conservation Area Proposal” and dated June 24, 2019, are designated as the “Porcupine Gulch Wildlife Conservation Area” (referred to in this section as the “Wildlife Conservation Area”).

(b) Purposes.—The purposes of the Wildlife Conservation Area are—

(1) to conserve and protect a wildlife migration corridor over Interstate 70; and

(2) to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the wildlife, scenic, roadless, watershed, and ecological resources of the Wildlife Conservation Area.

(1) IN GENERAL.—The Secretary shall manage the Wildlife Conservation Area—

(A) in a manner that conserves, protects, and enhances the purposes described in subsection (b); and

(B) in accordance with—

(i) the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.);

(ii) any other applicable laws (including regulations); and

(iii) this section.

(2) USES.—

(A) IN GENERAL.—The Secretary shall only allow such uses of the Wildlife Conservation Area as the Secretary determines would further the purposes described in subsection (b).

(B) RECREATION.—The Secretary may permit such recreational activities in the Wildlife Conservation Area that the Secretary determines are consistent with the purposes described in subsection (b).

(i) MOTORIZED VEHICLES AND MECHANIZED TRANSPORT.—Except as provided in clause (iii), the use of motorized vehicles and mechanized transport in the Wildlife Conservation Area shall be prohibited.

(ii) NEW OR TEMPORARY ROADS.—Except as provided in clause (iii) and subsection (e), no new or temporary road shall be constructed within the Wildlife Conservation Area.

(iii) EXCEPTIONS.—Nothing in clause (i) or (ii) prevents the Secretary from—

(I) authorizing the use of motorized vehicles or mechanized transport for administrative purposes;

(II) constructing temporary roads or permitting the use of motorized vehicles or mechanized transport to carry out pre- or post-fire watershed protection projects;

(III) authorizing the use of motorized vehicles or mechanized transport to carry out activities described in subsection (d) or (e); or

(IV) responding to an emergency.

(D) COMMERCIAL TIMBER.—

(i) IN GENERAL.—Subject to clause (ii), no project shall be carried out in the Wildlife Conservation Area for the purpose of harvesting commercial timber.

(ii) LIMITATION.—Nothing in clause (i) prevents the Secretary from harvesting or selling a merchantable product that is a byproduct of an activity authorized under this section.

(d) Fire, insects, and diseases.—The Secretary may carry out any activity, in accordance with applicable laws (including regulations), that the Secretary determines to be necessary to manage wildland fire and treat hazardous fuels, insects, and diseases in the Wildlife Conservation Area, subject to such terms and conditions as the Secretary determines to be appropriate.

(e) Regional transportation projects.—Nothing in this section or section 7121(f) precludes the Secretary from authorizing, in accordance with applicable laws (including regulations) and subject to valid existing rights, the use of the subsurface of the Wildlife Conservation Area to construct, realign, operate, or maintain regional transportation projects, including Interstate 70 and the Eisenhower-Johnson Tunnels.

(f) Water.—Section 3(e) of the James Peak Wilderness and Protection Area Act (Public Law 107–216; 116 Stat. 1058) shall apply to the Wildlife Conservation Area.

SEC. 7116. Williams Fork Mountains Wildlife Conservation Area.

(a) Designation.—Subject to valid existing rights, the approximately 3,528 acres of Federal land in the White River National Forest in the State, as generally depicted as “Proposed Williams Fork Mountains Wildlife Conservation Area” on the map entitled “Williams Fork Mountains Proposal” and dated June 24, 2019, are designated as the “Williams Fork Mountains Wildlife Conservation Area” (referred to in this section as the “Wildlife Conservation Area”).

(b) Purposes.—The purposes of the Wildlife Conservation Area are to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the wildlife, scenic, roadless, watershed, recreational, and ecological resources of the Wildlife Conservation Area.

(1) IN GENERAL.—The Secretary shall manage the Wildlife Conservation Area—

(A) in a manner that conserves, protects, and enhances the purposes described in subsection (b); and

(B) in accordance with—

(i) the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.);

(ii) any other applicable laws (including regulations); and

(iii) this section.

(2) USES.—

(A) IN GENERAL.—The Secretary shall only allow such uses of the Wildlife Conservation Area as the Secretary determines would further the purposes described in subsection (b).

(B) MOTORIZED VEHICLES.—

(i) IN GENERAL.—Except as provided in clause (iii), the use of motorized vehicles in the Wildlife Conservation Area shall be limited to designated roads and trails.

(ii) NEW OR TEMPORARY ROADS.—Except as provided in clause (iii), no new or temporary road shall be constructed in the Wildlife Conservation Area.

(iii) EXCEPTIONS.—Nothing in clause (i) or (ii) prevents the Secretary from—

(I) authorizing the use of motorized vehicles for administrative purposes;

(II) authorizing the use of motorized vehicles to carry out activities described in subsection (d); or

(III) responding to an emergency.

(D) COMMERCIAL TIMBER.—

(i) IN GENERAL.—Subject to clause (ii), no project shall be carried out in the Wildlife Conservation Area for the purpose of harvesting commercial timber.

(ii) LIMITATION.—Nothing in clause (i) prevents the Secretary from harvesting or selling a merchantable product that is a byproduct of an activity authorized under this section.

(E) GRAZING.—The laws (including regulations) and policies followed by the Secretary in issuing and administering grazing permits or leases on land under the jurisdiction of the Secretary shall continue to apply with regard to the land in the Wildlife Conservation Area, consistent with the purposes described in subsection (b).

(d) Fire, insects, and diseases.—The Secretary may carry out any activity, in accordance with applicable laws (including regulations), that the Secretary determines to be necessary to manage wildland fire and treat hazardous fuels, insects, and diseases in the Wildlife Conservation Area, subject to such terms and conditions as the Secretary determines to be appropriate.

(e) Water.—Section 3(e) of the James Peak Wilderness and Protection Area Act (Public Law 107–216; 116 Stat. 1058) shall apply to the Wildlife Conservation Area.

SEC. 7117. Spraddle Creek Wildlife Conservation Area.

(a) Designation.—Subject to valid existing rights, the approximately 2,674 acres of Federal land in the White River National Forest in the State, as generally depicted as “Proposed Spraddle Creek Wildlife Conservation Area” on the map entitled “Eagles Nest Wilderness Additions Proposal” and dated April 26, 2022, are designated as the “Spraddle Creek Wildlife Conservation Area” (referred to in this section as the “Wildlife Conservation Area”).

(1) IN GENERAL.—The Secretary shall manage the Wildlife Conservation Area—

(A) in a manner that conserves, protects, and enhances the purposes described in subsection (b); and

(B) in accordance with—

(i) the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.);

(ii) any other applicable laws (including regulations); and

(iii) this subtitle.

(2) USES.—

(A) IN GENERAL.—The Secretary shall only allow such uses of the Wildlife Conservation Area as the Secretary determines would further the purposes described in subsection (b).

(B) MOTORIZED VEHICLES AND MECHANIZED TRANSPORT.—Except as necessary for administrative purposes or to respond to an emergency, the use of motorized vehicles and mechanized transport in the Wildlife Conservation Area shall be prohibited.

(i) IN GENERAL.—Except as provided in clause (ii), no road shall be constructed in the Wildlife Conservation Area.

(ii) EXCEPTIONS.—Nothing in clause (i) prevents the Secretary from—

(I) constructing a temporary road as the Secretary determines to be necessary as a minimum requirement for carrying out a vegetation management project in the Wildlife Conservation Area; or

(II) responding to an emergency.

(iii) DECOMMISSIONING OF TEMPORARY ROADS.—Not later than 3 years after the date on which the applicable vegetation management project is completed, the Secretary shall decommission any temporary road constructed under clause (ii)(I) for the applicable vegetation management project.

(D) COMMERCIAL TIMBER.—

(i) IN GENERAL.—Subject to clause (ii), no project shall be carried out in the Wildlife Conservation Area for the purpose of harvesting commercial timber.

(ii) LIMITATION.—Nothing in clause (i) prevents the Secretary from harvesting or selling a merchantable product that is a byproduct of an activity authorized in the Wildlife Conservation Area under this section.

(d) Fire, insects, and diseases.—The Secretary may carry out any activity, in accordance with applicable laws (including regulations), that the Secretary determines to be necessary to manage wildland fire and treat hazardous fuels, insects, and diseases in the Wildlife Conservation Area, subject to such terms and conditions as the Secretary determines to be appropriate.

(e) Water.—Section 3(e) of the James Peak Wilderness and Protection Area Act (Public Law 107–216; 116 Stat. 1058) shall apply to the Wildlife Conservation Area.

SEC. 7118. Camp Hale National Historic Landscape.

(a) Designation.—Subject to valid existing rights, the approximately 28,197 acres of Federal land in the White River National Forest in the State, as generally depicted as “Proposed Camp Hale National Historic Landscape” on the map entitled “Camp Hale National Historic Landscape Proposal” and dated April 22, 2022, are designated the “Camp Hale National Historic Landscape”.

(b) Purposes.—The purposes of the Historic Landscape are—

(1) to provide for—

(A) the interpretation of historic events, activities, structures, and artifacts of the Historic Landscape, including with respect to the role of the Historic Landscape in local, national, and world history;

(B) the preservation of the historic resources of the Historic Landscape, consistent with the other purposes of the Historic Landscape;

(C) recreational opportunities, with an emphasis on the activities related to the historic use of the Historic Landscape, including skiing, snowshoeing, snowmobiling, hiking, horseback riding, climbing, other road- and trail-based activities, and other outdoor activities; and

(D) the continued environmental remediation and removal of unexploded ordnance at the Camp Hale Formerly Used Defense Site and the Camp Hale historic cantonment area; and

(2) to conserve, protect, restore, and enhance for the benefit and enjoyment of present and future generations the scenic, watershed, and ecological resources of the Historic Landscape.

(1) IN GENERAL.—The Secretary shall manage the Historic Landscape in accordance with—

(A) the purposes of the Historic Landscape described in subsection (b); and

(B) any other applicable laws (including regulations).

(2) MANAGEMENT PLAN.—

(A) IN GENERAL.—Not later than 5 years after the date of enactment of this Act, the Secretary shall prepare a management plan for the Historic Landscape.

(B) CONTENTS.—The management plan prepared under subparagraph (A) shall include plans for—

(i) improving the interpretation of historic events, activities, structures, and artifacts of the Historic Landscape, including with respect to the role of the Historic Landscape in local, national, and world history;

(ii) conducting historic preservation and veteran outreach and engagement activities;

(iii) managing recreational opportunities, including the use and stewardship of—

(I) the road and trail systems; and

(II) dispersed recreation resources;

(iv) the conservation, protection, restoration, or enhancement of the scenic, watershed, and ecological resources of the Historic Landscape, including—

(I) conducting the restoration and enhancement project under subsection (d);

(II) forest fuels, wildfire, and mitigation management; and

(III) watershed health and protection;

(v) environmental remediation and, consistent with subsection (e)(2), the removal of unexploded ordnance; and

(vi) managing the Historic Landscape in accordance with subsection (g).

(3) EXPLOSIVE HAZARDS.—The Secretary shall provide to the Secretary of the Army a notification of any unexploded ordnance (as defined in section 101(e) of title 10, United States Code) that is discovered in the Historic Landscape.

(d) Camp hale restoration and enhancement project.—

(1) IN GENERAL.—The Secretary shall conduct a restoration and enhancement project in the Historic Landscape—

(A) to improve aquatic, riparian, and wetland conditions in and along the Eagle River and tributaries of the Eagle River;

(B) to maintain or improve recreation and interpretive opportunities and facilities; and

(2) COORDINATION.—In carrying out the project described in paragraph (1), the Secretary shall coordinate with, and provide the opportunity to collaborate on the project to—

(A) the Corps of Engineers;

(B) the Camp Hale-Eagle River Headwaters Collaborative Group;

(D) the Colorado Department of Public Health and Environment;

(E) the Colorado State Historic Preservation Office;

(F) the Colorado Department of Natural Resources;

(G) units of local government; and

(H) other interested organizations and members of the public.

(e) Environmental remediation.—

(1) IN GENERAL.—The Secretary of the Army shall continue to carry out the projects and activities of the Department of the Army in existence on the date of enactment of this Act relating to cleanup of—

(A) the Camp Hale Formerly Used Defense Site; or

(B) the Camp Hale historic cantonment area.

(2) REMOVAL OF UNEXPLODED ORDNANCE.—

(A) IN GENERAL.—The Secretary of the Army may remove unexploded ordnance (as defined in section 101(e) of title 10, United States Code) from the Historic Landscape, as the Secretary of the Army determines to be appropriate in accordance with applicable law (including regulations).

(B) ACTION ON RECEIPT OF NOTICE.—On receipt from the Secretary of a notification of unexploded ordnance under subsection (c)(3), the Secretary of the Army may remove the unexploded ordnance in accordance with—

(i) the program for environmental restoration of formerly used defense sites under section 2701 of title 10, United States Code;

(ii) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); and

(iii) any other applicable provision of law (including regulations).

(3) EFFECT OF SUBSECTION.—Nothing in this subsection modifies any obligation in existence on the date of enactment of this Act relating to environmental remediation or removal of any unexploded ordnance located in or around the Camp Hale historic cantonment area, the Camp Hale Formerly Used Defense Site, or the Historic Landscape, including such an obligation under—

(A) the program for environmental restoration of formerly used defense sites under section 2701 of title 10, United States Code;

(B) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); or

(f) Interagency agreement.—As soon as practicable after the date of enactment of this Act, the Secretary and the Secretary of the Army shall enter into an agreement—

(1) to specify—

(A) the activities of the Secretary relating to the management of the Historic Landscape; and

(B) the activities of the Secretary of the Army relating to environmental remediation and the removal of unexploded ordnance in accordance with subsection (e) and other applicable laws (including regulations); and

(2) to require the Secretary to provide to the Secretary of the Army, by not later than 1 year after the date of enactment of this Act and periodically thereafter, as appropriate, a management plan for the Historic Landscape for purposes of the removal activities described in subsection (e).

(g) Effect.—Nothing in this section—

(1) affects the jurisdiction of the State over any water law, water right, or adjudication or administration relating to any water resource;

(2) affects any water right in existence on the date of enactment of this Act, or the exercise of such a water right, including—

(A) a water right subject to an interstate water compact (including full development of any apportionment made in accordance with such a compact);

(B) a water right decreed within, above, below, or through the Historic Landscape;

(C) a change, exchange, plan for augmentation, or other water decree with respect to a water right, including a conditional water right, in existence on the date of enactment of this Act—

(i) that is consistent with the purposes described in subsection (b); and

(ii) that does not result in diversion of a greater flow rate or volume of water for such a water right in existence on the date of enactment of this Act;

(D) a water right held by the United States;

(E) the management or operation of any reservoir, including the storage, management, release, or transportation of water; and

(F) the construction or operation of such infrastructure as is determined to be necessary by an individual or entity holding water rights to develop and place to beneficial use those rights, subject to applicable Federal, State, and local law (including regulations);

(3) constitutes an express or implied reservation by the United States of any reserved or appropriative water right;

(4) affects—

(A) any permit held by a ski area or other entity; or

(B) the implementation of associated activities or facilities authorized by law or permit outside the boundaries of the Historic Landscape;

(5) prevents the Secretary from closing portions of the Historic Landscape for public safety, environmental remediation, or other use in accordance with applicable laws; or

(6) affects—

(A) any special use permit in effect on the date of enactment of this Act; or

(B) the renewal of a permit described in subparagraph (A).

(h) Funding.—There is authorized to be appropriated $10,000,000 for activities relating to historic interpretation, preservation, and restoration carried out in and around the Historic Landscape.

(i) Designation of overlook.—The interpretive site located beside United States Route 24 in the State, at 39.431N 106.323W, is designated as the “Sandy Treat Overlook”.

SEC. 7119. White River National Forest boundary modification.

(a) In general.—The boundary of the White River National Forest is modified to include the approximately 120 acres comprised of the SW¹⁄4 , the SE¹⁄4 , and the NE¹⁄4 of the SE¹⁄4 of sec. 1, T. 2 S., R. 80 W., 6th Principal Meridian, in Summit County in the State.

(b) Land and water conservation fund.—For purposes of section 200306 of title 54, United States Code, the boundaries of the White River National Forest, as modified by subsection (a), shall be considered to be the boundaries of the White River National Forest as in existence on January 1, 1965.

SEC. 7120. Rocky Mountain National Park potential wilderness boundary adjustment.

(a) Purpose.—The purpose of this section is to provide for the ongoing maintenance and use of portions of the Trail River Ranch and the associated property located within Rocky Mountain National Park in Grand County in the State.

(b) Boundary adjustment.—Section 1952(b) of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1070) is amended by adding at the end the following:

“(3) BOUNDARY ADJUSTMENT.—The boundary of the Potential Wilderness is modified to exclude the area comprising approximately 15.5 acres of land identified as ‘Potential Wilderness to Non-wilderness’ on the map entitled ‘Rocky Mountain National Park Proposed Wilderness Area Amendment’ and dated January 16, 2018.”.

SEC. 7121. Administrative provisions.

(a) Fish and wildlife.—Nothing in this subtitle affects the jurisdiction or responsibility of the State with respect to fish and wildlife in the State.

(b) No buffer zones.—

(1) IN GENERAL.—Nothing in this subtitle or an amendment made by this subtitle establishes a protective perimeter or buffer zone around—

(A) a covered area;

(B) a wilderness area or potential wilderness area designated by section 7113;

(D) a Wildlife Conservation Area; or

(E) the Historic Landscape.

(2) OUTSIDE ACTIVITIES.—The fact that a nonwilderness activity or use on land outside of an area described in paragraph (1) can be seen or heard from within the applicable area described in paragraph (1) shall not preclude the activity or use outside the boundary of the applicable area described in paragraph (1).

(1) TREATY RIGHTS.—Nothing in this subtitle affects the treaty rights of an Indian Tribe.

(2) TRADITIONAL TRIBAL USES.—Subject to any terms and conditions that the Secretary determines to be necessary and in accordance with applicable law, the Secretary shall allow for the continued use of the areas described in subsection (b)(1) by members of Indian Tribes—

(A) for traditional ceremonies; and

(B) as a source of traditional plants and other materials.

(d) Maps and legal descriptions.—

(1) IN GENERAL.—As soon as practicable after the date of enactment of this Act, the Secretary shall prepare maps and legal descriptions of each area described in subsection (b)(1) with—

(A) the Committee on Natural Resources of the House of Representatives; and

(B) the Committee on Energy and Natural Resources of the Senate.

(2) FORCE OF LAW.—Each map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this subtitle, except that the Secretary may—

(A) correct any typographical errors in the maps and legal descriptions; and

(B) in consultation with the State, make minor adjustments to the boundaries of the Tenmile Recreation Management Area designated by section 7114(a), the Porcupine Gulch Wildlife Conservation Area designated by section 7115(a), and the Williams Fork Mountains Wildlife Conservation Area designated by section 7116(a) to account for potential highway or multimodal transportation system construction, safety measures, maintenance, realignment, or widening.

(3) PUBLIC AVAILABILITY.—Each map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service.

(e) Acquisition of land.—

(1) IN GENERAL.—The Secretary may acquire any land or interest in land within the boundaries of an area described in subsection (b)(1) by donation, purchase from a willing seller, or exchange.

(2) MANAGEMENT.—Any land or interest in land acquired under paragraph (1) shall be incorporated into, and administered as a part of, the wilderness area, Recreation Management Area, Wildlife Conservation Area, or Historic Landscape, as applicable, in which the land or interest in land is located.

(f) Withdrawal.—Subject to valid existing rights, the areas described in subsection (b)(1) are withdrawn from—

(1) entry, appropriation, and disposal under the public land laws;

(2) location, entry, and patent under mining laws; and

(3) operation of the mineral leasing, mineral materials, and geothermal leasing laws.

(g) Military overflights.—Nothing in this subtitle or an amendment made by this subtitle restricts or precludes—

(1) any low-level overflight of military aircraft over any area subject to this subtitle or an amendment made by this subtitle, including military overflights that can be seen, heard, or detected within such an area;

(2) flight testing or evaluation over an area described in paragraph (1); or

(3) the use or establishment of—

(A) any new unit of special use airspace over an area described in paragraph (1); or

(B) any military flight training or transportation over such an area.

(h) Sense of Congress.—It is the sense of Congress that military aviation training on Federal public land in the State, including the training conducted at the High-Altitude Army National Guard Aviation Training Site, is critical to the national security of the United States and the readiness of the Armed Forces.

SEC. 7131. Definitions.

In this subtitle:

(1) COVERED LAND.—The term “covered land” means—

(A) land designated as wilderness under paragraphs (27) through (29) of section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103–77) (as added by section 7132); and

(B) a Special Management Area.

(2) SECRETARY.—The term “Secretary” means the Secretary of Agriculture.

(3) SPECIAL MANAGEMENT AREA.—The term “Special Management Area” means each of—

(A) the Sheep Mountain Special Management Area designated by section 7133(a)(1); and

(B) the Liberty Bell East Special Management Area designated by section 7133(a)(2).

SEC. 7132. Additions to National Wilderness Preservation System.

Section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103–77) (as amended by section 7112(a)) is further amended by adding at the end the following:

“(27) LIZARD HEAD WILDERNESS ADDITION.—Certain Federal land in the Grand Mesa, Uncompahgre, and Gunnison National Forests comprising approximately 3,141 acres, as generally depicted on the map entitled ‘Proposed Wilson, Sunshine, Black Face and San Bernardo Additions to the Lizard Head Wilderness’ and dated September 6, 2018, which is incorporated in, and shall be administered as part of, the Lizard Head Wilderness.

“(28) MOUNT SNEFFELS WILDERNESS ADDITIONS.—

“(A) LIBERTY BELL AND LAST DOLLAR ADDITIONS.—Certain Federal land in the Grand Mesa, Uncompahgre, and Gunnison National Forests comprising approximately 7,235 acres, as generally depicted on the map entitled ‘Proposed Liberty Bell and Last Dollar Additions to the Mt. Sneffels Wilderness, Liberty Bell East Special Management Area’ and dated September 6, 2018, which is incorporated in, and shall be administered as part of, the Mount Sneffels Wilderness.

“(B) WHITEHOUSE ADDITIONS.—Certain Federal land in the Grand Mesa, Uncompahgre, and Gunnison National Forests comprising approximately 12,465 acres, as generally depicted on the map entitled ‘Proposed Whitehouse Additions to the Mt. Sneffels Wilderness’ and dated September 6, 2018, which is incorporated in, and shall be administered as part of, the Mount Sneffels Wilderness.

“(29) MCKENNA PEAK WILDERNESS.—Certain Federal land in the State of Colorado comprising approximately 8,884 acres of Bureau of Land Management land, as generally depicted on the map entitled ‘Proposed McKenna Peak Wilderness Area’ and dated September 18, 2018, to be known as the ‘McKenna Peak Wilderness’.”.

SEC. 7133. Special management areas.

(a) Designation.—

(1) SHEEP MOUNTAIN SPECIAL MANAGEMENT AREA.—The Federal land in the Grand Mesa, Uncompahgre, and Gunnison and San Juan National Forests in the State comprising approximately 21,663 acres, as generally depicted on the map entitled “Proposed Sheep Mountain Special Management Area” and dated September 19, 2018, is designated as the “Sheep Mountain Special Management Area”.

(2) LIBERTY BELL EAST SPECIAL MANAGEMENT AREA.—The Federal land in the Grand Mesa, Uncompahgre, and Gunnison National Forests in the State comprising approximately 792 acres, as generally depicted on the map entitled “Proposed Liberty Bell and Last Dollar Additions to the Mt. Sneffels Wilderness, Liberty Bell East Special Management Area” and dated September 6, 2018, is designated as the “Liberty Bell East Special Management Area”.

(b) Purpose.—The purpose of the Special Management Areas is to conserve and protect for the benefit and enjoyment of present and future generations the geological, cultural, archaeological, paleontological, natural, scientific, recreational, wilderness, wildlife, riparian, historical, educational, and scenic resources of the Special Management Areas.

(1) IN GENERAL.—The Secretary shall manage the Special Management Areas in a manner that—

(A) conserves, protects, and enhances the resources and values of the Special Management Areas described in subsection (b);

(B) subject to paragraph (3), maintains or improves the wilderness character of the Special Management Areas and the suitability of the Special Management Areas for potential inclusion in the National Wilderness Preservation System; and

(i) the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.);

(ii) this subtitle; and

(iii) any other applicable laws.

(2) PROHIBITIONS.—The following shall be prohibited in the Special Management Areas:

(A) Permanent roads.

(B) Except as necessary to meet the minimum requirements for the administration of the Federal land, to provide access for abandoned mine cleanup, and to protect public health and safety—

(i) the use of motor vehicles, motorized equipment, or mechanical transport (other than as provided in paragraph (3)); and

(ii) the establishment of temporary roads.

(3) AUTHORIZED ACTIVITIES.—

(A) IN GENERAL.—The Secretary may allow any activities (including helicopter access for recreation and maintenance and the competitive running event permitted since 1992) that have been authorized by permit or license as of the date of enactment of this Act to continue within the Special Management Areas, subject to such terms and conditions as the Secretary may require.

(B) PERMITTING.—The designation of the Special Management Areas by subsection (a) shall not affect the issuance of permits relating to the activities covered under subparagraph (A) after the date of enactment of this Act.

(i) the portion of the Sheep Mountain Special Management Area identified as “Ophir Valley Area” on the map entitled “Proposed Sheep Mountain Special Management Area” and dated September 19, 2018; and

(ii) the portion of the Liberty Bell East Special Management Area identified as “Liberty Bell Corridor” on the map entitled “Proposed Liberty Bell and Last Dollar Additions to the Mt. Sneffels Wilderness, Liberty Bell East Special Management Area” and dated September 6, 2018.

(d) Applicable law.—Water and water rights in the Special Management Areas shall be administered in accordance with section 8 of the Colorado Wilderness Act of 1993 (Public Law 103–77; 107 Stat. 762), except that, for purposes of this subtitle—

(1) any reference contained in that section to “the lands designated as wilderness by this Act”, “the Piedra, Roubideau, and Tabeguache areas identified in section 9 of this Act, or the Bowen Gulch Protection Area or the Fossil Ridge Recreation Management Area identified in sections 5 and 6 of this Act”, or “the areas described in sections 2, 5, 6, and 9 of this Act” shall be considered to be a reference to “the Special Management Areas”; and

(2) any reference contained in that section to “this Act” shall be considered to be a reference to “the Colorado Outdoor Recreation and Economy Act”.

SEC. 7134. Release of wilderness study areas.

(a) Dominguez canyon wilderness study area.—Subtitle E of title II of Public Law 111–11 is amended—

(1) by redesignating section 2408 (16 U.S.C. 460zzz–7) as section 2409; and

(2) by inserting after section 2407 (16 U.S.C. 460zzz–6) the following:

“SEC. 2408. Release.

“(a) In general.—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 portions of the Dominguez Canyon Wilderness Study Area not designated as wilderness by this subtitle have been adequately studied for wilderness designation.

“(b) Release.—Any public land referred to in subsection (a) that is not designated as wilderness by this subtitle—

“(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 this subtitle and any other applicable laws.”.

(b) McKenna peak wilderness study area.—

(1) IN GENERAL.—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 portions of the McKenna Peak Wilderness Study Area in San Miguel County in the State not designated as wilderness by paragraph (29) of section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103–77) (as added by section 7132) have been adequately studied for wilderness designation.

(2) RELEASE.—Any public land referred to in paragraph (1) that is not designated as wilderness by paragraph (29) of section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103–77) (as added by section 7132)—

(A) 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

(B) shall be managed in accordance with applicable laws.

SEC. 7135. Administrative provisions.

(a) Fish and wildlife.—Nothing in this subtitle affects the jurisdiction or responsibility of the State with respect to fish and wildlife in the State.

(b) No buffer zones.—

(1) IN GENERAL.—Nothing in this subtitle establishes a protective perimeter or buffer zone around covered land.

(2) ACTIVITIES OUTSIDE WILDERNESS.—The fact that a nonwilderness activity or use on land outside of the covered land can be seen or heard from within covered land shall not preclude the activity or use outside the boundary of the covered land.

(1) TREATY RIGHTS.—Nothing in this subtitle affects the treaty rights of any Indian Tribe, including rights under the Agreement of September 13, 1873, ratified by the Act of April 29, 1874 (18 Stat. 36, chapter 136).

(2) TRADITIONAL TRIBAL USES.—Subject to any terms and conditions as the Secretary determines to be necessary and in accordance with applicable law, the Secretary shall allow for the continued use of the covered land by members of Indian Tribes—

(A) for traditional ceremonies; and

(B) as a source of traditional plants and other materials.

(d) Maps and legal descriptions.—

(1) IN GENERAL.—As soon as practicable after the date of enactment of this Act, the Secretary or the Secretary of the Interior, as appropriate, shall file a map and a legal description of each wilderness area designated by paragraphs (27) through (29) of section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103–77) (as added by section 7132) and the Special Management Areas with—

(A) the Committee on Natural Resources of the House of Representatives; and

(B) the Committee on Energy and Natural Resources of the Senate.

(2) FORCE OF LAW.—Each map and legal description filed under paragraph (1) shall have the same force and effect as if included in this subtitle, except that the Secretary or the Secretary of the Interior, as appropriate, may correct any typographical errors in the maps and legal descriptions.

(3) PUBLIC AVAILABILITY.—Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management and the Forest Service.

(e) Acquisition of land.—

(1) IN GENERAL.—The Secretary or the Secretary of the Interior, as appropriate, may acquire any land or interest in land within the boundaries of a Special Management Area or the wilderness designated under paragraphs (27) through (29) of section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103–77) (as added by section 7132) by donation, purchase from a willing seller, or exchange.

(2) MANAGEMENT.—Any land or interest in land acquired under paragraph (1) shall be incorporated into, and administered as a part of, the wilderness or Special Management Area in which the land or interest in land is located.

(f) Grazing.—The grazing of livestock on covered land, if established before the date of enactment of this Act, shall be permitted to continue subject to such reasonable regulations as are considered to be necessary by the Secretary with jurisdiction over the covered land, in accordance with—

(1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and

(2) the applicable 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 (H. Rept. 101–405) or H.R. 5487 of the 96th Congress (H. Rept. 96–617).

(g) Fire, insects, and diseases.—In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary with jurisdiction over a wilderness area designated by paragraphs (27) through (29) of section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103–77) (as added by section 7132) may carry out any activity in the wilderness area that the Secretary determines to be necessary for the control of fire, insects, and diseases, subject to such terms and conditions as the Secretary determines to be appropriate.

(h) Withdrawal.—Subject to valid existing rights, the covered land and the approximately 6,590 acres generally depicted on the map entitled “Proposed Naturita Canyon Mineral Withdrawal Area” and dated September 6, 2018, is withdrawn from—

(1) entry, appropriation, and disposal under the public land laws;

(2) location, entry, and patent under mining laws; and

(3) operation of the mineral leasing, mineral materials, and geothermal leasing laws.

SEC. 7141. Purposes.

The purposes of this subtitle are—

(1) subject to valid existing rights, to withdraw certain Federal land in the Thompson Divide area from mineral and other disposal laws in order to protect the agricultural, ranching, wildlife, air quality, recreation, ecological, and scenic values of the area; and

(2) to promote the capture of fugitive methane emissions that would otherwise be emitted into the atmosphere.

SEC. 7142. Definitions.

In this subtitle:

(1) FUGITIVE METHANE EMISSIONS.—The term “fugitive methane emissions” means methane gas from the Federal land or interests in Federal land in Garfield, Gunnison, Delta, or Pitkin County in the State, within the boundaries of the “Fugitive Coal Mine Methane Use Pilot Program Area”, as generally depicted on the pilot program map, that would leak or be vented into the atmosphere from—

(A) an active or inactive coal mine subject to a Federal coal lease; or

(B) an abandoned underground coal mine or the site of a former coal mine—

(i) that is not subject to a Federal coal lease; and

(ii) with respect to which the Federal interest in land includes mineral rights to the methane gas.

(2) PILOT PROGRAM.—The term “pilot program” means the Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot Program established by section 7145(a)(1).

(3) PILOT PROGRAM MAP.—The term “pilot program map” means the map entitled “Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot Program Area” and dated April 29, 2022.

(4) SECRETARY.—The term “Secretary” means the Secretary of the Interior.

(5) THOMPSON DIVIDE LEASE.—

(A) IN GENERAL.—The term “Thompson Divide lease” means any oil or gas lease in effect on the date of enactment of this Act within the Thompson Divide Withdrawal and Protection Area.

(B) EXCLUSIONS.—The term “Thompson Divide lease” does not include any oil or gas lease that—

(i) is associated with a Wolf Creek Storage Field development right; or

(ii) before the date of enactment of this Act, has expired, been cancelled, or otherwise terminated.

(6) THOMPSON DIVIDE MAP.—The term “Thompson Divide map” means the map entitled “Greater Thompson Divide Area Map” and dated November 5, 2021.

(7) THOMPSON DIVIDE WITHDRAWAL AND PROTECTION AREA.—The term “Thompson Divide Withdrawal and Protection Area” means the Federal land and minerals within the area generally depicted as the “Thompson Divide Withdrawal and Protection Area” on the Thompson Divide map.

(8) WOLF CREEK STORAGE FIELD DEVELOPMENT RIGHT.—

(A) IN GENERAL.—The term “Wolf Creek Storage Field development right” means a development right for any of the Federal mineral leases numbered COC 0007496, COC 0007497, COC 0007498, COC 0007499, COC 0007500, COC 0007538, COC 0008128, COC 0015373, COC 0128018, COC 0051645, and COC 0051646, as generally depicted on the Thompson Divide map as “Wolf Creek Storage Agreement”.

(B) EXCLUSIONS.—The term “Wolf Creek Storage Field development right” does not include any storage right or related activity within the area described in subparagraph (A).

SEC. 7143. Thompson Divide Withdrawal and Protection Area.

(a) Withdrawal.—Subject to valid existing rights, the Thompson Divide Withdrawal and Protection Area is withdrawn from—

(1) entry, appropriation, and disposal under the public land laws;

(2) location, entry, and patent under the mining laws; and

(3) operation of the mineral leasing, mineral materials, and geothermal leasing laws.

(b) Surveys.—The exact acreage and legal description of the Thompson Divide Withdrawal and Protection Area shall be determined by surveys approved by the Secretary, in consultation with the Secretary of Agriculture.

(c) Grazing.—Nothing in this subtitle affects the administration of grazing in the Thompson Divide Withdrawal and Protection Area.

SEC. 7144. Thompson Divide lease credits.

(a) In general.—In exchange for the relinquishment by a leaseholder of all Thompson Divide leases of the leaseholder, the Secretary may issue to the leaseholder credits for any bid, royalty, or rental payment due under any Federal oil or gas lease on Federal land in the State, in accordance with subsection (b).

(b) Amount of credits.—

(1) IN GENERAL.—Subject to paragraph (2), the amount of the credits issued to a leaseholder of a Thompson Divide lease relinquished under subsection (a) shall—

(A) be equal to the sum of—

(i) the amount of the bonus bids paid for the applicable Thompson Divide leases;

(ii) the amount of any rental paid for the applicable Thompson Divide leases as of the date on which the leaseholder submits to the Secretary a notice of the decision to relinquish the applicable Thompson Divide leases; and

(iii) the amount of any reasonable expenses incurred by the leaseholder of the applicable Thompson Divide leases in the preparation of any drilling permit, sundry notice, or other related submission in support of the development of the applicable Thompson Divide leases as of January 28, 2019, including any expenses relating to the preparation of any analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

(B) require the approval of the Secretary.

(2) EXCLUSION.—The amount of a credit issued under subsection (a) shall not include any expenses paid by the leaseholder of a Thompson Divide lease for—

(A) legal fees or related expenses for legal work with respect to a Thompson Divide lease; or

(B) any expenses incurred before the issuance of a Thompson Divide lease.

(c) Cancellation.—Effective on relinquishment under this section, and without any additional action by the Secretary, a Thompson Divide lease—

(1) shall be permanently cancelled; and

(2) shall not be reissued.

(d) Conditions.—

(1) APPLICABLE LAW.—Except as otherwise provided in this section, each exchange under this section shall be conducted in accordance with—

(A) this subtitle; and

(B) other applicable laws (including regulations).

(2) ACCEPTANCE OF CREDITS.—The Secretary shall accept credits issued under subsection (a) in the same manner as cash for the payments described in that subsection.

(3) APPLICABILITY.—The use of a credit issued under subsection (a) shall be subject to the laws (including regulations) applicable to the payments described in that subsection, to the extent that the laws are consistent with this section.

(4) TREATMENT OF CREDITS.—All amounts in the form of credits issued under subsection (a) accepted by the Secretary shall be considered to be amounts received for the purposes of—

(A) section 35 of the Mineral Leasing Act (30 U.S.C. 191); and

(B) section 20 of the Geothermal Steam Act of 1970 (30 U.S.C. 1019).

(e) Wolf creek storage field development rights.—

(1) CONVEYANCE TO SECRETARY.—As a condition precedent to the relinquishment of a Thompson Divide lease under this section, any leaseholder with a Wolf Creek Storage Field development right shall permanently relinquish, transfer, and otherwise convey to the Secretary, in a form acceptable to the Secretary, all Wolf Creek Storage Field development rights of the leaseholder.

(2) CREDITS.—

(A) IN GENERAL.—In consideration for the transfer of development rights under paragraph (1), the Secretary may issue to a leaseholder described in that paragraph credits for any reasonable expenses incurred by the leaseholder in acquiring the Wolf Creek Storage Field development right or in the preparation of any drilling permit, sundry notice, or other related submission in support of the development right as of January 28, 2019, including any reasonable expenses relating to the preparation of any analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(B) APPROVAL.—Any credits for a transfer of the development rights under paragraph (1), shall be subject to—

(i) the exclusion described in subsection (b)(2);

(ii) the conditions described in subsection (d); and

(iii) the approval of the Secretary.

(3) LIMITATION OF TRANSFER.—Development rights acquired by the Secretary under paragraph (1)—

(A) shall be held for as long as the parent leases in the Wolf Creek Storage Field remain in effect; and

(B) shall not be—

(i) transferred;

(ii) reissued; or

(iii) otherwise used for mineral extraction.

SEC. 7145. Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot Program.

(a) Fugitive coal mine methane use pilot program.—

(1) ESTABLISHMENT.—There is established in the Bureau of Land Management a pilot program, to be known as the “Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot Program”.

(2) PURPOSE.—The purpose of the pilot program is to promote the capture, beneficial use, mitigation, and sequestration of fugitive methane emissions—

(A) to reduce methane emissions;

(B) to promote economic development;

(D) to improve public safety.

(3) PLAN.—

(A) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Secretary shall develop a plan—

(i) to complete an inventory of fugitive methane emissions in accordance with subsection (b);

(ii) to provide for the leasing of fugitive methane emissions in accordance with subsection (c); and

(iii) to provide for the capping or destruction of fugitive methane emissions in accordance with subsection (d).

(B) COORDINATION.—In developing the plan under this paragraph, the Secretary shall coordinate with—

(i) the State;

(ii) Garfield, Gunnison, Delta, and Pitkin Counties in the State;

(iii) lessees of Federal coal within the counties referred to in clause (ii);

(iv) interested institutions of higher education in the State; and

(v) interested members of the public.

(b) Fugitive methane emissions inventory.—

(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Secretary shall complete an inventory of fugitive methane emissions.

(2) CONDUCT.—

(A) COLLABORATION.—The Secretary may conduct the inventory under paragraph (1) through, or in collaboration with—

(i) the Bureau of Land Management;

(ii) the United States Geological Survey;

(iii) the Environmental Protection Agency;

(iv) the United States Forest Service;

(v) State departments or agencies;

(vi) Garfield, Gunnison, Delta, or Pitkin County in the State;

(vii) the Garfield County Federal Mineral Lease District;

(viii) institutions of higher education in the State;

(ix) lessees of Federal coal within a county referred to in subparagraph (F);

(x) the National Oceanic and Atmospheric Administration;

(xi) the National Center for Atmospheric Research; or

(xii) other interested entities, including members of the public.

(B) FEDERAL SPLIT ESTATE.—

(i) IN GENERAL.—In conducting the inventory under paragraph (1) for Federal minerals on split estate land, the Secretary shall rely on available data.

(ii) LIMITATION.—Nothing in this section requires or authorizes the Secretary to enter or access private land to conduct the inventory under paragraph (1).

(3) CONTENTS.—The inventory conducted under paragraph (1) shall include—

(A) the general location and geographic coordinates of vents, seeps, or other sources producing significant fugitive methane emissions;

(B) an estimate of the volume and concentration of fugitive methane emissions from each source of significant fugitive methane emissions, including details of measurements taken and the basis for that emissions estimate;

(i) the Environmental Protection Agency;

(ii) the Mine Safety and Health Administration;

(iii) the Colorado Department of Natural Resources;

(iv) the Colorado Public Utility Commission;

(v) the Colorado Department of Health and Environment; and

(vi) the Office of Surface Mining Reclamation and Enforcement; and

(D) such other information as may be useful in advancing the purposes of the pilot program.

(4) PUBLIC PARTICIPATION; DISCLOSURE.—

(A) PUBLIC PARTICIPATION.—The Secretary shall, as appropriate, provide opportunities for public participation in the conduct of the inventory under paragraph (1).

(B) AVAILABILITY.—The Secretary shall make the inventory conducted under paragraph (1) publicly available.

(i) poses a threat to public safety;

(ii) is confidential business information; or

(iii) is otherwise protected from public disclosure.

(5) IMPACT ON COAL MINES SUBJECT TO LEASE.—

(A) IN GENERAL.—For the purposes of conducting the inventory under paragraph (1), for land subject to a Federal coal lease, the Secretary shall use readily available methane emissions data.

(B) EFFECT.—Nothing in this section requires the holder of a Federal coal lease to report additional data or information to the Secretary.

(6) USE.—The Secretary shall use the inventory conducted under paragraph (1) in carrying out—

(A) the leasing program under subsection (c); and

(B) the capping or destruction of fugitive methane emissions under subsection (d).

(1) IN GENERAL.—Subject to valid existing rights and in accordance with this section, not later than 1 year after the date of completion of the inventory required under subsection (b), the Secretary shall carry out a program to encourage the use and destruction of fugitive methane emissions.

(2) FUGITIVE METHANE EMISSIONS FROM COAL MINES SUBJECT TO LEASE.—

(A) IN GENERAL.—The Secretary shall authorize the holder of a valid existing Federal coal lease for a mine that is producing fugitive methane emissions to capture for use or destroy the fugitive methane emissions.

(B) CONDITIONS.—The authority under subparagraph (A) shall be subject to—

(i) valid existing rights; and

(ii) such terms and conditions as the Secretary may require.

(C) LIMITATIONS.—The program carried out under paragraph (1) shall only include fugitive methane emissions that can be captured for use or destroyed in a manner that does not—

(i) endanger the safety of any coal mine worker; or

(ii) unreasonably interfere with any ongoing operation at a coal mine.

(D) COOPERATION.—

(i) IN GENERAL.—The Secretary shall work cooperatively with the holders of valid existing Federal coal leases for mines that produce fugitive methane emissions to encourage—

(I) the capture of fugitive methane emissions for beneficial use, such as generating electrical power, producing usable heat, transporting the methane to market, or transforming the fugitive methane emissions into a different marketable material; or

(II) if the beneficial use of the fugitive methane emissions is not feasible, the destruction of the fugitive methane emissions.

(ii) GUIDANCE.—In support of cooperative efforts with holders of valid existing Federal coal leases to capture for use or destroy fugitive methane emissions, not later than 1 year after the date of enactment of this Act, the Secretary shall issue guidance to the public for the implementation of authorities and programs to encourage the capture for use and destruction of fugitive methane emissions, while minimizing impacts on natural resources or other public interest values.

(E) ROYALTIES.—The Secretary shall determine whether any fugitive methane emissions used or destroyed pursuant to this paragraph are subject to the payment of a royalty under applicable law.

(3) FUGITIVE METHANE EMISSIONS FROM LAND NOT SUBJECT TO A FEDERAL COAL LEASE.—

(A) IN GENERAL.—Except as otherwise provided in this section, notwithstanding section 7143 and subject to valid existing rights and any other applicable law, the Secretary shall, for land not subject to a Federal coal lease—

(i) authorize the capture for use or destruction of fugitive methane emissions; and

(ii) make available for leasing such fugitive methane emissions as the Secretary determines to be in the public interest.

(B) SOURCE.—To the extent practicable, the Secretary shall offer for lease, individually or in combination, each significant source of fugitive methane emissions on land not subject to a Federal coal lease.

(C) BID QUALIFICATIONS.—A bid to lease fugitive methane emissions under this paragraph shall specify whether the prospective lessee intends—

(i) to capture the fugitive methane emissions for beneficial use, such as generating electrical power, producing usable heat, transporting the methane to market, or transforming the fugitive methane emissions into a different marketable material;

(ii) to destroy the fugitive methane emissions; or

(iii) to employ a specific combination of—

(I) capturing the fugitive methane emissions for beneficial use; and

(II) destroying the fugitive methane emissions.

(D) PRIORITY.—

(i) IN GENERAL.—If there is more than 1 qualified bid for a lease under this paragraph, the Secretary shall select the bid that the Secretary determines is likely to most significantly advance the public interest.

(ii) CONSIDERATIONS.—In determining the public interest under clause (i), the Secretary shall take into consideration—

(I) the overall decrease in the fugitive methane emissions;

(II) the impacts to other natural resource values, including wildlife, water, and air; and

(III) other public interest values, including scenic, economic, recreation, and cultural values.

(E) LEASE FORM.—

(i) IN GENERAL.—The Secretary shall develop and provide to prospective bidders a lease form for leases issued under this paragraph.

(ii) DUE DILIGENCE.—The lease form developed under clause (i) shall include terms and conditions requiring the leased fugitive methane emissions to be put to beneficial use or destroyed by not later than 3 years after the date of issuance of the lease.

(F) ROYALTY RATE.—The Secretary shall develop a minimum bid, as the Secretary determines to be necessary, and royalty rate for leases under this paragraph.

(d) Sequestration.—If, by not later than 4 years after the date of completion of the inventory under subsection (b), any significant fugitive methane emissions are not leased under subsection (c)(3), the Secretary shall, subject to the availability of appropriations and in accordance with applicable law, take all reasonable measures—

(1) to provide incentives for new leases under subsection (c)(3);

(2) to cap those fugitive methane emissions at the source in any case in which the cap will result in the long-term sequestration of all or a significant portion of the fugitive methane emissions; or

(3) to destroy the fugitive methane emissions, if incentivizing leases under paragraph (1) or sequestration under paragraph (2) is not feasible, with priority for locations that destroy the greatest quantity of fugitive methane emissions at the lowest cost.

(e) Report to Congress.—Not later than 4 years after the date of enactment of this Act the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report detailing—

(1) the economic and environmental impacts of the pilot program, including information on increased royalties and estimates of avoided greenhouse gas emissions; and

(2) any recommendations of the Secretary on whether the pilot program could be expanded to include—

(A) other significant sources of emissions of fugitive methane located outside the boundaries of the area depicted as “Fugitive Coal Mine Methane Use Pilot Program Area” on the pilot program map; and

(B) the leasing of natural methane seeps under the activities authorized pursuant to subsection (c)(3).

SEC. 7146. Effect.

Except as expressly provided in this subtitle, nothing in this subtitle—

(1) expands, diminishes, or impairs any valid existing mineral leases, mineral interest, or other property rights wholly or partially within the Thompson Divide Withdrawal and Protection Area, including access to the leases, interests, rights, or land in accordance with applicable Federal, State, and local laws (including regulations);

(2) prevents the capture of methane from any active, inactive, or abandoned coal mine covered by this subtitle, in accordance with applicable laws; or

(3) prevents access to, or the development of, any new or existing coal mine or lease in Delta or Gunnison County in the State.

SEC. 7151. Definitions.

In this subtitle:

(1) MAP.—The term “map” means the map entitled “Curecanti National Recreation Area, Proposed Boundary”, numbered 616/100,485D, and dated April 25, 2022 .

(2) NATIONAL RECREATION AREA.—The term “National Recreation Area” means the Curecanti National Recreation Area established by section 7152(a).

(3) SECRETARY.—The term “Secretary” means the Secretary of the Interior.

SEC. 7152. Curecanti National Recreation Area.

(a) Establishment.—Effective beginning on the earlier of the date on which the Secretary approves a request under subsection (c)(2)(B)(i)(I) and the date that is 1 year after the date of enactment of this Act, there shall be established as a unit of the National Park System the Curecanti National Recreation Area, in accordance with this subtitle, consisting of approximately 50,300 acres of land in the State, as generally depicted on the map as “Curecanti National Recreation Area Proposed Boundary”.

(b) Availability of map.—The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.

(1) IN GENERAL.—The Secretary shall administer the National Recreation Area in accordance with—

(A) this subtitle; and

(B) the laws (including regulations) generally applicable to units of the National Park System, including section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, United States Code.

(2) DAM, POWER PLANT, AND RESERVOIR MANAGEMENT AND OPERATIONS.—

(A) IN GENERAL.—Nothing in this subtitle affects or interferes with the authority of the Secretary—

(i) to operate the Uncompahgre Valley Reclamation Project under the reclamation laws;

(ii) to operate the Wayne N. Aspinall Unit of the Colorado River Storage Project under the Act of April 11, 1956 (commonly known as the “Colorado River Storage Project Act”) (43 U.S.C. 620 et seq.); or

(iii) under the Federal Water Project Recreation Act (16 U.S.C. 460l–12 et seq.).

(B) RECLAMATION LAND.—

(i) SUBMISSION OF REQUEST TO RETAIN ADMINISTRATIVE JURISDICTION.—If, before the date that is 1 year after the date of enactment of this Act, the Commissioner of Reclamation submits to the Secretary a request for the Commissioner of Reclamation to retain administrative jurisdiction over the minimum quantity of land within the land identified on the map as “Lands withdrawn or acquired for Bureau of Reclamation projects” that the Commissioner of Reclamation identifies as necessary for the effective operation of Bureau of Reclamation water facilities, the Secretary may—

(I) approve, approve with modifications, or disapprove the request; and

(II) if the request is approved under subclause (I), make any modifications to the map that are necessary to reflect that the Commissioner of Reclamation retains management authority over the minimum quantity of land required to fulfill the reclamation mission.

(ii) TRANSFER OF LAND.—

(I) IN GENERAL.—Administrative jurisdiction over the land identified on the map as “Lands withdrawn or acquired for Bureau of Reclamation projects”, as modified pursuant to clause (i)(II), if applicable, shall be transferred from the Commissioner of Reclamation to the Director of the National Park Service by not later than the date that is 1 year after the date of enactment of this Act.

(II) ACCESS TO TRANSFERRED LAND.—

(aa) IN GENERAL.—Subject to item (bb), the Commissioner of Reclamation shall retain access to the land transferred to the Director of the National Park Service under subclause (I) for reclamation purposes, including for the operation, maintenance, and expansion or replacement of facilities.

(bb) MEMORANDUM OF UNDERSTANDING.—The terms of the access authorized under item (aa) shall be determined by a memorandum of understanding entered into between the Commissioner of Reclamation and the Director of the National Park Service not later than 1 year after the date of enactment of this Act.

(3) MANAGEMENT AGREEMENTS.—

(A) IN GENERAL.—The Secretary may enter into management agreements, or modify management agreements in existence on the date of enactment of this Act, relating to the authority of the Director of the National Park Service, the Commissioner of Reclamation, the Director of the Bureau of Land Management, or the Chief of the Forest Service to manage Federal land within or adjacent to the boundary of the National Recreation Area.

(B) STATE LAND.—The Secretary may enter into cooperative management agreements for any land administered by the State that is within or adjacent to the National Recreation Area, in accordance with the cooperative management authority under section 101703 of title 54, United States Code.

(4) RECREATIONAL ACTIVITIES.—

(A) AUTHORIZATION.—Except as provided in subparagraph (B), the Secretary shall allow boating, boating-related activities, hunting, and fishing in the National Recreation Area in accordance with applicable Federal and State laws.

(B) CLOSURES; DESIGNATED ZONES.—

(i) IN GENERAL.—The Secretary, acting through the Superintendent of the National Recreation Area, may designate zones in which, and establish periods during which, no boating, hunting, or fishing shall be permitted in the National Recreation Area under subparagraph (A) for reasons of public safety, administration, or compliance with applicable laws.

(ii) CONSULTATION REQUIRED.—Except in the case of an emergency, any closure proposed by the Secretary under clause (i) shall not take effect until after the date on which the Superintendent of the National Recreation Area consults with—

(I) the appropriate State agency responsible for hunting and fishing activities; and

(II) the Board of County Commissioners in each county in which the zone is proposed to be designated.

(5) LANDOWNER ASSISTANCE.—On the written request of an individual that owns private land located within the area generally depicted as “Conservation Opportunity Area” on the map entitled “Preferred Alternative” in the document entitled “Report to Congress: Curecanti Special Resource Study” and dated June 2009, the Secretary may work in partnership with the individual to enhance the long-term conservation of natural, cultural, recreational, and scenic resources in and around the National Recreation Area—

(A) by acquiring all or a portion of the private land or interests in private land within the Conservation Opportunity Area by purchase, exchange, or donation, in accordance with section 7153;

(B) by providing technical assistance to the individual, including cooperative assistance;

(D) by supporting conservation easement opportunities.

(6) INCORPORATION OF ACQUIRED LAND AND INTERESTS.—Any land or interest in land acquired by the United States under paragraph (5) shall—

(A) become part of the National Recreation Area; and

(B) be managed in accordance with this subtitle.

(7) WITHDRAWAL.—Subject to valid existing rights, all Federal land within the National Recreation Area, including land acquired pursuant to this section, is withdrawn from—

(A) entry, appropriation, and disposal under the public land laws;

(B) location, entry, and patent under the mining laws; and

(8) GRAZING.—

(A) STATE LAND SUBJECT TO A STATE GRAZING LEASE.—

(i) IN GENERAL.—If State land acquired under this subtitle is subject to a State grazing lease in effect on the date of acquisition, the Secretary shall allow the grazing to continue for the remainder of the term of the lease, subject to the related terms and conditions of user agreements, including permitted stocking rates, grazing fee levels, access rights, and ownership and use of range improvements.

(ii) ACCESS.—A lessee of State land may continue to use established routes within the National Recreation Area to access State land for purposes of administering the lease if the use was permitted before the date of enactment of this Act, subject to such terms and conditions as the Secretary may require.

(B) STATE AND PRIVATE LAND.—The Secretary may, in accordance with applicable laws, authorize grazing on land acquired from the State or private landowners under section 7153, if grazing was established before the date of acquisition.

(C) PRIVATE LAND.—On private land acquired under section 7153 for the National Recreation Area on which authorized grazing is occurring before the date of enactment of this Act, the Secretary, in consultation with the lessee, may allow the continuation and renewal of grazing on the land based on the terms of acquisition or by agreement between the Secretary and the lessee, subject to applicable law (including regulations).

(D) FEDERAL LAND.—The Secretary shall—

(i) allow, consistent with the grazing leases, uses, and practices in effect as of the date of enactment of this Act, the continuation and renewal of grazing on Federal land located within the boundary of the National Recreation Area on which grazing is allowed before the date of enactment of this Act, unless the Secretary determines that grazing on the Federal land would present unacceptable impacts (as defined in section 1.4.7.1 of the National Park Service document entitled “Management Policies 2006: The Guide to Managing the National Park System”) to the natural, cultural, recreational, and scenic resource values and the character of the land within the National Recreation Area; and

(ii) retain all authorities to manage grazing in the National Recreation Area.

(E) TERMINATION OF LEASES.—Within the National Recreation Area, the Secretary may—

(i) accept the voluntary termination of a lease or permit for grazing; or

(ii) in the case of a lease or permit vacated for a period of 3 or more years, terminate the lease or permit.

(9) WATER RIGHTS.—Nothing in this subtitle—

(A) affects any use or allocation in existence on the date of enactment of this Act of any water, water right, or interest in water;

(B) affects any vested absolute or decreed conditional water right in existence on the date of enactment of this Act, including any water right held by the United States;

(D) shall be considered to be a relinquishment or reduction of any water right reserved or appropriated by the United States in the State on or before the date of enactment of this Act; or

(E) constitutes an express or implied Federal reservation of any water or water rights with respect to the National Recreation Area.

(10) FISHING EASEMENTS.—

(A) IN GENERAL.—Nothing in this subtitle diminishes or alters the fish and wildlife program for the Aspinall Unit developed under section 8 of the Act of April 11, 1956 (commonly known as the “Colorado River Storage Project Act”) (70 Stat. 110, chapter 203; 43 U.S.C. 620g), by the United States Fish and Wildlife Service, the Bureau of Reclamation, and the Colorado Division of Wildlife (including any successor in interest to that division) that provides for the acquisition of public access fishing easements as mitigation for the Aspinall Unit (referred to in this paragraph as the “program”).

(B) ACQUISITION OF FISHING EASEMENTS.—The Secretary shall continue to fulfill the obligation of the Secretary under the program to acquire 26 miles of class 1 public fishing easements to provide to sportsmen access for fishing within the Upper Gunnison Basin upstream of the Aspinall Unit, subject to the condition that no existing fishing access downstream of the Aspinall Unit shall be counted toward the minimum mileage requirement under the program.

(C) PLAN.—Not later than 1 year after the date of enactment of this Act, the Secretary shall develop a plan for fulfilling the obligation of the Secretary described in subparagraph (B) by the date that is 10 years after the date of enactment of this Act.

(D) REPORTS.—Not later than each of 2 years, 5 years, and 8 years after the date of enactment of this Act, the Secretary shall submit to Congress a report that describes the progress made in fulfilling the obligation of the Secretary described in subparagraph (B).

(d) Tribal rights and uses.—

(1) TREATY RIGHTS.—Nothing in this subtitle affects the treaty rights of any Indian Tribe.

(A) for traditional ceremonies; and

(B) as a source of traditional plants and other materials.

SEC. 7153. Acquisition of land; boundary management.

(a) Acquisition.—

(1) IN GENERAL.—The Secretary may acquire any land or interest in land within the boundary of the National Recreation Area.

(2) MANNER OF ACQUISITION.—

(A) IN GENERAL.—Subject to subparagraph (B), land described in paragraph (1) may be acquired under this subsection by—

(i) donation;

(ii) purchase from willing sellers with donated or appropriated funds;

(iii) transfer from another Federal agency; or

(iv) exchange.

(B) STATE LAND.—Land or interests in land owned by the State or a political subdivision of the State may only be acquired by purchase, donation, or exchange.

(b) Transfer of administrative jurisdiction.—

(1) FOREST SERVICE LAND.—

(A) IN GENERAL.—Administrative jurisdiction over the approximately 2,500 acres of land identified on the map as “U.S. Forest Service proposed transfer to the National Park Service” is transferred to the Secretary, to be administered by the Director of the National Park Service as part of the National Recreation Area.

(B) BOUNDARY ADJUSTMENT.—The boundary of the Gunnison National Forest shall be adjusted to exclude the land transferred to the Secretary under subparagraph (A).

(2) BUREAU OF LAND MANAGEMENT LAND.—Administrative jurisdiction over the approximately 6,100 acres of land identified on the map as “Bureau of Land Management proposed transfer to National Park Service” is transferred from the Director of the Bureau of Land Management to the Director of the National Park Service, to be administered as part of the National Recreation Area.

(3) WITHDRAWAL.—Administrative jurisdiction over the land identified on the map as “Proposed for transfer to the Bureau of Land Management, subject to the revocation of Bureau of Reclamation withdrawal” shall be transferred to the Director of the Bureau of Land Management on relinquishment of the land by the Bureau of Reclamation and revocation by the Bureau of Land Management of any withdrawal as may be necessary.

(1) IN GENERAL.—The withdrawal for reclamation purposes of the land identified on the map as “Potential exchange lands” shall be relinquished by the Commissioner of Reclamation and revoked by the Director of the Bureau of Land Management and the land shall be transferred to the National Park Service.

(2) EXCHANGE; INCLUSION IN NATIONAL RECREATION AREA.—On transfer of the land described in paragraph (1), the transferred land—

(A) may be exchanged by the Secretary for private land described in section 7152(c)(5)—

(i) subject to a conservation easement remaining on the transferred land, to protect the scenic resources of the transferred land; and

(ii) in accordance with the laws (including regulations) and policies governing National Park Service land exchanges; and

(B) if not exchanged under subparagraph (A), shall be added to, and managed as a part of, the National Recreation Area.

(d) Addition to national recreation area.—Any land within the boundary of the National Recreation Area that is acquired by the United States shall be added to, and managed as a part of, the National Recreation Area.

SEC. 7154. General management plan.

Not later than 3 years after the date on which funds are made available to carry out this subtitle, the Director of the National Park Service, in consultation with the Commissioner of Reclamation, shall prepare a general management plan for the National Recreation Area in accordance with section 100502 of title 54, United States Code.

SEC. 7155. Boundary survey.

The Secretary (acting through the Director of the National Park Service) shall prepare a boundary survey and legal description of the National Recreation Area.

SEC. 7161. Withdrawal of Certain Federal land in the State of Arizona.

(a) Definition Of Map.—In this section, the term “Map” means the map prepared by the Bureau of Land Management entitled “Grand Canyon Protection Act” and dated January 22, 2021.

(b) Withdrawal.—Subject to valid existing rights, the approximately 1,006,545 acres of Federal land in the State of Arizona, generally depicted on the Map as “Federal Mineral Estate to be Withdrawn”, including any land or interest in land that is acquired by the United States after the date of the enactment of this subtitle, are hereby withdrawn from—

(1) all forms of entry, appropriation, and disposal under the public land laws;

(2) location, entry, and patent under the mining laws; and

(3) operation of the mineral leasing, mineral materials, and geothermal leasing laws.

(c) Availability Of Map.—The Map shall be kept on file and made available for public inspection in the appropriate offices of the Forest Service and the Bureau of Land Management.

SECTION 1. 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:

DIVISION G—DON YOUNG COAST GUARD AUTHORIZATION ACT OF 2022

Sec. 1. Short title; table of contents.

TITLE I—AUTHORIZATION

Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. Shoreside infrastructure and facilities.
Sec. 104. Availability of amounts for acquisition of additional cutters.

TITLE II—COAST GUARD

Subtitle A—Military Personnel Matters

Sec. 201. Authorized strength.
Sec. 202. Continuation of officers with certain critical skills on active duty.
Sec. 203. Number and distribution of officers on active duty promotion list.
Sec. 204. Coast Guard behavioral health policy.
Sec. 205. Improving representation of women and of racial and ethnic minorities among Coast Guard active-duty members.

Subtitle B—Operational Matters

Sec. 206. Pilot project for enhancing Coast Guard cutter readiness through condition-based maintenance.
Sec. 207. Unmanned systems strategy.
Sec. 208. Budgeting of Coast Guard relating to certain operations.
Sec. 209. Report on San Diego maritime domain awareness.
Sec. 210. Great Lakes winter shipping.
Sec. 211. Center of expertise for Great Lakes oil spill search and response.
Sec. 212. Study on laydown of Coast Guard cutters.

Subtitle C—Other Matters

Sec. 213. Responses of Commandant of the Coast Guard to safety recommendations.
Sec. 214. Conveyance of Coast Guard vessels for public purposes.
Sec. 215. Acquisition life-cycle cost estimates.
Sec. 216. National Coast Guard Museum funding plan.
Sec. 217. Report on Coast Guard explosive ordnance disposal.
Sec. 218. Pribilof Island transition completion actions.
Sec. 219. Notification of communication outages.

TITLE III—MARITIME

Subtitle A—Shipping

Sec. 301. Nonoperating individual.
Sec. 302. Oceanographic research vessels.
Sec. 303. Atlantic Coast port access routes briefing.

Subtitle B—Vessel Safety

Sec. 304. Fishing vessel safety.
Sec. 305. Requirements for DUKW-type amphibious passenger vessels.
Sec. 306. Exoneration and limitation of liability for small passengers vessels.
Sec. 307. Automatic identification system requirements.

Subtitle C—Shipbuilding Program

Sec. 308. Qualified vessel.
Sec. 309. Establishing a capital construction fund.

TITLE IV—FEDERAL MARITIME COMMISSION

Sec. 401. Terms and vacancies.

TITLE V—MISCELLANEOUS

Subtitle A—Navigation

Sec. 501. Restriction on changing salvors.
Sec. 502. Providing requirements for vessels anchored in established anchorage grounds.
Sec. 503. Aquatic Nuisance Species Task Force.
Sec. 504. Limitation on recovery for certain injuries incurred in aquaculture activities.

Subtitle B—Other Matters

Sec. 505. Information on type approval certificates.
Sec. 506. Passenger vessel security and safety requirements.
Sec. 507. Cargo waiting time reduction.
Sec. 508. Limited indemnity provisions in standby oil spill response contracts.
Sec. 509. Port Coordination Council for Point Spencer.
Sec. 510. Western Alaska oil spill planning criteria.
Sec. 511. Nonapplicability.
Sec. 512. Report on enforcement of coastwise laws.
Sec. 513. Land conveyance, Sharpe Army Depot, Lathrop, California.
Sec. 514. Center of Expertise for Marine Environmental Response.
Sec. 515. Prohibition on entry and operation.
Sec. 516. St. Lucie River railroad bridge.
Sec. 517. Assistance related to marine mammals.
Sec. 518. Manning and crewing requirements for certain vessels, vehicles, and structures.

TITLE VI—SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE

Sec. 601. Definitions.
Sec. 602. Convicted sex offender as grounds for denial.
Sec. 603. Sexual harassment or sexual assault as grounds for suspension or revocation.
Sec. 604. Accommodation; notices.
Sec. 605. Protection against discrimination.
Sec. 606. Alcohol prohibition.
Sec. 607. Surveillance requirements.
Sec. 608. Master key control.
Sec. 609. Safety management systems.
Sec. 610. Requirement to report sexual assault and harassment.
Sec. 611. Civil actions for personal injury or death of seamen.
Sec. 612. Administration of sexual assault forensic examination kits.

TITLE VII—TECHNICAL AND CONFORMING PROVISIONS

Sec. 701. Technical corrections.
Sec. 702. Transportation worker identification credential technical amendments.
Sec. 703. Reinstatement.

SEC. 101. Authorization of appropriations.

Section 4902 of title 14, United States Code, is amended—

(1) in the matter preceding paragraph (1) by striking “years 2020 and 2021” and inserting “years 2022 and 2023”;

(2) in paragraph (1)—

(A) in subparagraph (A)—

(i) by striking “$8,151,620,850 for fiscal year 2020” and inserting “$9,282,360,000 for fiscal year 2022”; and

(ii) by striking “$8,396,169,475 for fiscal year 2021” and inserting “$10,210,596,000 for fiscal year 2023”;

(B) in subparagraph (B) by striking “$17,035,000” and inserting “$17,723,520”; and

(3) in paragraph (2)—

(A) in subparagraph (A)—

(i) by striking “$2,794,745,000 for fiscal year 2020” and inserting “$3,312,114,000 for fiscal year 2022”; and

(ii) by striking “$3,312,114,000 for fiscal year 2021” and inserting “$3,477,600,000 for fiscal year 2023”; and

(B) in subparagraph (B)—

(i) by striking “$10,000,000 for fiscal year 2020” and inserting “$20,400,000 for fiscal year 2022”; and

(ii) by striking “$20,000,000 for fiscal year 2021” and inserting “$20,808,000 for fiscal year 2023”;

(4) in paragraph (3)—

(A) by striking “$13,834,000 for fiscal year 2020” and inserting “$14,393,220 for fiscal year 2022”; and

(B) by striking “$14,111,000 for fiscal year 2021” and inserting “$14,681,084 for fiscal year 2023”; and

(5) in paragraph (4)—

(A) by striking “$205,107,000 for fiscal year 2020” and inserting “$213,393,180 for fiscal year 2022”; and

(B) by striking “$209,209,000 for fiscal year 2021” and inserting “$217,661,044 for fiscal year 2023”.

SEC. 102. 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. 103. 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, for each of fiscal years 2022 and 2023, up to $585,000,000 shall be authorized for the Secretary of the department in which the Coast Guard is operating to fund the acquisition, construction, rebuilding, or improvement of Coast Guard shoreside infrastructure and facilities necessary to support Coast Guard operations and readiness.

(b) Baltimore Coast Guard Yard.—Of the amounts set aside under subsection (a), up to $175,000,000 shall be authorized to improve facilities at the Coast Guard Yard in Baltimore, Maryland, including improvements to piers and wharves, dry dock, capital equipment utilities, or dredging necessary to facilitate access to such Yard.

(c) Training center Cape May.—Of the amounts set aside under subsection (a), up to $60,000,000 shall be authorized to fund Phase I, in fiscal year 2022, and 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.

(d) Mitigation of hazard risks.—In carrying out projects with funds authorized under this section, 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.

(e) Fort Wadsworth, New York.—Of the amounts set aside under subsection (a), up to $1,200,000 shall be authorized to fund a construction project to—

(1) complete repairs to the United States Coast Guard Station, New York, waterfront, including repairs to the concrete pier; and

(2) replace floating piers Alpha and Bravo, the South Breakwater and Ice Screen, the North Breakwater and Ice Screen, and the seawall.

SEC. 104. Availability of amounts for acquisition of additional cutters.

(a) In general.—Of the amounts authorized to be appropriated under—

(1) section 4902(2)(A)(i) of title 14, United States Code, as amended by section 101 of this title, for fiscal year 2022;

(A) $300,000,000 shall be authorized for the acquisition of a twelfth National Security Cutter; and

(B) $210,000,000 shall be authorized for the acquisition of 3 Fast Response Cutters; and

(2) section 4902(2)(A)(ii) of title 14, United States Code, as amended by section 101 of this title, for fiscal year 2023;

(A) $300,000,000 shall be authorized for the acquisition of a twelfth National Security Cutter; and

(B) $210,000,000 shall be authorized for the acquisition of 3 Fast Response 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.

(c) Great Lakes icebreaker acquisition.—Of the amounts authorized to be appropriated under section 4902(2)(A)(ii) of title 14, United States Code—

(1) 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); and

(2) for fiscal year 2023, $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.

(d) Drug and migrant interdiction.—Of the Fast Response Cutters authorized for acquisition under subsection (a), at least 1 shall be used for drug and migrant interdiction in the Caribbean Basin (including the Gulf of Mexico).

SEC. 201. Authorized strength.

Section 3702 of title 14, United States Code, is amended by adding at the end the following:

“(c) The Secretary may vary the authorized end strength of the Coast Guard Selected Reserves for a fiscal year by a number equal to not more than 3 percent of such end strength upon a determination by the Secretary that varying such authorized end strength is in the national interest.

“(d) The Commandant may increase the authorized end strength of the Coast Guard Selected Reserves by a number equal to not more than 2 percent of such authorized end strength upon a determination by the Commandant that such increase would enhance manning and readiness in essential units or in critical specialties or ratings.”.

SEC. 202. 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:

“§ 2166. Continuation on active duty; Coast Guard officers with certain critical skills

“(a) In general.—The Commandant may authorize an officer in a grade above grade O–2 to remain on active duty after the date otherwise provided for the retirement of such officer in section 2154 of this title, if the officer possesses a critical skill, or specialty, or is in a career field designated pursuant to subsection (b).

“(b) Critical skills, specialty, or career field.—The Commandant shall designate any critical skill, specialty, or career field eligible for continuation on active duty as provided in subsection (a).

“(c) Duration of continuation.—An officer continued on active duty pursuant to this section shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 40 years of active service.

“(d) Policy.—The Commandant shall carry out this section by prescribing policy which shall specify the criteria to be used in designating any critical skill, specialty, or career field for purposes of subsection (b).”.

(b) Clerical amendment.—The analysis for chapter 21 of title 14, United States Code, is amended by inserting after the item relating to section 2165 the following:

“2166. Continuation on active duty; Coast Guard officers with certain critical skills.”.

SEC. 203. Number and distribution of officers on active duty promotion list.

(a) Maximum number of officers.—Section 2103(a) of title 14, United States Code, is amended to read as follows:

“(a) Maximum total number.—

“(1) IN GENERAL.—The total number of Coast Guard commissioned officers on the active duty promotion list, excluding warrant officers, shall not exceed—

“(A) 7,100 in fiscal year 2022;

“(B) 7,200 in fiscal year 2023;

“(C) 7,300 in fiscal year 2024; and

“(D) 7,400 in fiscal year 2025 and each subsequent fiscal year.

“(2) TEMPORARY INCREASE.—Notwithstanding paragraph (1), the Commandant may temporarily increase the total number of commissioned officers permitted under such paragraph by up to 2 percent for no more than 60 days following the date of the commissioning of a Coast Guard Academy class.

“(3) NOTIFICATION.—Not later than 30 days after exceeding the total number of commissioned officers permitted under paragraph (1), and each 30 days thereafter until the total number of commissioned officers no longer exceeds the number of such officers permitted under paragraph (1), the Commandant shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of the number of officers on the active duty promotion list on the last day of the preceding 30-day period.”.

(b) Officers not on active duty promotion list.—

(1) IN GENERAL.—Chapter 51 of title 14, United States Code, is amended by adding at the end the following:

“§ 5113. Officers not on active duty promotion list

“Not later than 60 days after the date on which the President submits to Congress a budget pursuant to section 1105 of title 31, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the number of Coast Guard officers serving at other Federal entities on a reimbursable basis but not on the active duty promotion list.”.

(2) CLERICAL AMENDMENT.—The analysis for chapter 51 of title 14, United States Code, is amended by adding at the end the following:

“5113. Officers not on active duty promotion list.”.

SEC. 204. Coast Guard behavioral health policy.

(a) Interim behavioral health policy.—Not later than 60 days after the date of enactment of this Act, the Commandant of the Coast Guard shall establish an interim behavioral health policy for members of the Coast Guard equivalent to the policy described in section 5.28 (relating to behavioral health) of Department of Defense Instruction 6130.03, volume 2, “Medical Standards for Military Service: Retention”.

(b) Termination.—The interim policy established under subsection (a) shall remain in effect until the date on which the Commandant issues a permanent behavior health policy for members of the Coast Guard which is, to the extent practicable, equivalent to such section 5.28.

SEC. 205. Improving representation of women and of racial and ethnic minorities among Coast Guard active-duty members.

(a) In general.—Not later than 180 days after the date of enactment of this Act, the Commandant of the Coast Guard shall—

(1) determine which recommendations in the RAND representation report can practicably be implemented to promote improved representation in the Coast Guard of—

(A) women; and

(B) racial and ethnic minorities; and

(2) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the actions the Commandant has taken, or plans to take, to implement such recommendations.

(b) Curriculum and training.—The Commandant shall update, to reflect actions described under subsection (a)(2), the curriculum and training materials used at—

(1) officer accession points, including the Coast Guard Academy and the Leadership Development Center;

(2) enlisted member accession at the United States Coast Guard Training Center Cape May in Cape May, New Jersey; and

(3) the officer, enlisted member, and civilian leadership courses managed by the Leadership Development Center.

(c) Definition.—In this section, the term “RAND representation report” means the report titled “Improving the Representation of Women and Racial/Ethnic Minorities Among U.S. Coast Guard Active-Duty Members” issued by the Homeland Security Operational Analysis Center of the RAND Corporation on August 11, 2021.

SEC. 206. Pilot project for enhancing Coast Guard cutter readiness through condition-based maintenance.

(a) In general.—Not later than 2 years after the date of enactment of this Act, the Commandant of the Coast Guard shall conduct a pilot project to enhance cutter readiness and reduce lost patrol days through the deployment of commercially developed 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 shall—

(1) select at least 1 legacy cutter asset and 1 class of cutters under construction with respect to which the application of the pilot project would enhance readiness;

(2) use commercially developed condition-based program standards similar to those applicable to privately owned and operated vessels or vessels owned or operated by other Federal agencies (such as those currently operating under the direction of Military Sealift Command);

(3) create and model a full ship digital twin for the cutters selected under paragraph (1);

(4) install or modify instrumentation capable of producing full hull, mechanical, and electrical data necessary to analyze cutter operational conditions with active maintenance alerts; and

(5) deploy artificial intelligence, prognostic-based integrated maintenance planning modeled after standards described in paragraph (2).

(c) 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 6 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 2 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 commercially developed condition-based program standards for cutter maintenance to Coast Guard cutters; and

(B) plans to deploy commercially developed condition-based program standards for cutter maintenance to Coast Guard cutters.

SEC. 207. Unmanned systems strategy.

(a) Submission to Congress.—Not later than 180 days after the date of enactment of this Act, 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 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 published on November 12, 2020, titled “Leveraging Unmanned Systems for Coast Guard Missions: A Strategic Imperative”;

(2) the strategic goals and acquisition strategies for proposed uses and procurements of unmanned systems;

(3) a strategy to sustain competition and innovation for procurement of unmanned systems and services for the Coast Guard, including defining opportunities for new and existing technologies; and

(4) an estimate of the timeline, costs, staff resources, technology, or other resources necessary to accomplish the strategy.

(b) Pilot project.—

(1) AUTONOMOUS CONTROL AND COMPUTER VISION TECHNOLOGY.—The Commandant of the Coast Guard, acting through the Blue Technology Center of Expertise, shall conduct a pilot project to retrofit an existing Coast Guard small boat with—

(A) commercially available autonomous control and computer vision technology; and

(B) such sensors and methods of communication as are necessary to demonstrate the ability of such control and technology to assist in conducting search and rescue, surveillance, and interdiction missions.

(2) COLLECTION OF DATA.—The pilot project under paragraph (1) shall evaluate commercially available products in the field and collect operational data to inform future requirements.

(3) BRIEFING.—Not later than 6 months after completing the pilot project required under paragraph (1), the Commandant 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 evaluation of the data derived from the project.

SEC. 208. 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:

“§ 5114. Expenses of performing and executing defense readiness mission activities

“The Commandant of the Coast Guard shall include in the annual budget submission of the President under section 1105(a) of title 31, a dedicated budget line item that adequately represents a calculation of the annual costs and expenditures of performing and executing all defense readiness mission activities, including—

“(1) all expenses related to the Coast Guard’s coordination, training, and execution of defense readiness mission activities in the Coast Guard’s capacity as an Armed Force (as such term is defined in section 101 of title 10) in support of Department of Defense national security operations and activities or for any other military department or defense agency (as such terms are defined in such section);

“(2) costs associated with Coast Guard detachments assigned in support of the Coast Guard’s defense readiness mission; and

“(3) any other expenses, costs, or matters the Commandant determines appropriate or otherwise of interest to Congress.”.

(b) Clerical amendment.—The analysis for chapter 51 of title 14, United States Code, is further amended by adding at the end the following:

“5114. Expenses of performing and executing defense readiness mission activities.”.

SEC. 209. Report on San Diego maritime domain awareness.

Not later than 180 days after the date of enactment of this Act, 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 containing—

(1) an overview of the maritime domain awareness in the area of responsibility of the Coast Guard sector responsible for San Diego, California, including—

(A) the average volume of known maritime traffic that transited the area during fiscal years 2020 through 2022;

(B) current sensor platforms deployed by such sector to monitor illicit activity occurring at sea in such area;

(C) the number of illicit activity incidents at sea in such area that the sector responded to during fiscal years 2020 through 2022;

(D) an estimate of the volume of traffic engaged in illicit activity at sea in such area and the type and description of any vessels used to carry out illicit activities that such sector responded to during fiscal years 2020 through 2022; and

(E) the maritime domain awareness requirements to effectively meet the mission of such sector;

(2) a description of current actions taken by the Coast Guard to partner with Federal, regional, State, and local entities to meet the maritime domain awareness needs of such area;

(3) a description of any gaps in maritime domain awareness within the area of responsibility of such sector resulting from an inability to meet the enduring maritime domain awareness requirements of the sector or adequately respond to maritime disorder;

(4) an identification of current technology and assets the Coast Guard has to mitigate the gaps identified in paragraph (3);

(5) an identification of capabilities needed to mitigate such gaps, including any capabilities the Coast Guard currently possesses that can be deployed to the sector;

(6) an identification of technology and assets the Coast Guard does not currently possess and are needed to acquire in order to address such gaps; and

(7) an identification of any financial obstacles that prevent the Coast Guard from deploying existing commercially available sensor technology to address such gaps.

SEC. 210. Great Lakes winter shipping.

(a) Great Lakes icebreaking operations.—

(1) GOVERNMENT ACCOUNTABILITY OFFICE REPORT.—

(A) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on Coast Guard icebreaking in the Great Lakes.

(B) ELEMENTS.—The report required under subparagraph (A) shall—

(i) evaluate—

(I) the economic impact related to vessel delays or cancellations associated with ice coverage on the Great Lakes;

(II) the impact the standards proposed in paragraph (2) would have on Coast Guard operations in the Great Lakes if such standards were adopted;

(III) the fleet mix of medium icebreakers and icebreaking tugs necessary to meet the standards proposed in paragraph (2); and

(IV) the resources necessary to support the fleet described in subclause (III), including billets for crew and operating costs; and

(ii) make recommendations to the Commandant for improvements to the Great Lakes icebreaking program, including with respect to facilitating shipping and meeting all Coast Guard mission needs.

(2) PROPOSED STANDARDS FOR ICEBREAKING OPERATIONS.—The proposed standards, the impact of the adoption of which is evaluated in subclauses (II) and (III) of paragraph (1)(B)(i), are the following:

(A) Except as provided in subparagraph (B), the ice-covered waterways in the Great Lakes shall be open to navigation not less than 90 percent of the hours that vessels engaged in commercial service and ferries attempt to transit such ice-covered waterways.

(B) In a year in which the Great Lakes are not open to navigation, as described in subparagraph (A), because of ice of a thickness that occurs on average only once every 10 years, ice-covered waterways in the Great Lakes shall be open to navigation at least 70 percent of the hours that vessels engaged in commercial service and ferries attempt to transit such ice-covered waterways.

(3) REPORT BY COMMANDANT.—Not later than 90 days after the date on which the Comptroller General submits the report under paragraph (1), the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes the following:

(A) A plan for Coast Guard implementation of any recommendation made by the Comptroller General under paragraph (1)(B)(ii) with which the Commandant concurs.

(B) With respect to any recommendation made under paragraph (1)(B)(ii) with which the Commandant does not concur, an explanation of the reasons why the Commandant does not concur.

(C) A review of, and a proposed implementation plan for, the results of the fleet mix analysis under paragraph (1)(B)(i)(III).

(D) Any proposed modifications to current Coast Guard standards for icebreaking operations in the Great Lakes.

(4) PILOT PROGRAM.—During the 5 ice seasons following the date of enactment of this Act, the Coast Guard shall conduct a pilot program to determine the extent to which the current Coast Guard Great Lakes icebreaking cutter fleet can meet the proposed standards described in paragraph (2).

(b) Data on icebreaking operations in the Great Lakes.—

(1) IN GENERAL.—The Commandant shall collect, during ice season, archive, and disseminate data on icebreaking operations and transits on ice-covered waterways in the Great Lakes of vessels engaged in commercial service and ferries.

(2) ELEMENTS.—Data collected, archived, and disseminated under paragraph (1) shall include the following:

(A) Voyages by vessels engaged in commercial service and ferries to transit ice-covered waterways in the Great Lakes that are delayed or canceled because of the nonavailability of a suitable icebreaking vessel.

(B) Voyages attempted by vessels engaged in commercial service and ferries to transit ice-covered waterways in the Great Lakes that do not reach their intended destination because of the nonavailability of a suitable icebreaking vessel.

(C) The period of time that each vessel engaged in commercial service or ferry was delayed in getting underway or during a transit of ice-covered waterways in the Great Lakes due to the nonavailability of a suitable icebreaking vessel.

(D) The period of time elapsed between each request for icebreaking assistance by a vessel engaged in commercial service or ferry and the arrival of a suitable icebreaking vessel and whether such icebreaking vessel was a Coast Guard or commercial asset.

(E) The percentage of hours that Great Lakes ice-covered waterways were open to navigation while vessels engaged in commercial service and ferries attempted to transit such waterways for each ice season after the date of enactment of this Act.

(F) Relevant communications of each vessel engaged in commercial service or ferry with the Coast Guard or commercial icebreaking service providers with respect to subparagraphs (A) through (D).

(G) A description of any mitigating circumstance, such as Coast Guard Great Lakes icebreaker diversions to higher priority missions, that may have contributed to the amount of time described in subparagraphs (C) and (D) or the percentage of time described in subparagraph (E).

(3) VOLUNTARY REPORTING.—Any reporting by operators of commercial vessels engaged in commercial service or ferries under this section shall be voluntary.

(4) PUBLIC AVAILABILITY.—The Commandant shall make the data collected, archived, and disseminated under this subsection available to the public on a publicly accessible internet website of the Coast Guard.

(5) CONSULTATION WITH INDUSTRY.—With respect to the Great Lakes icebreaking operations of the Coast Guard and the development of the data collected, archived, and disseminated under this subsection, the Commandant shall consult operators of—

(A) vessels engaged in commercial service; and

(B) ferries.

(c) Report on common hull design.—Section 8105 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended by striking subsection (b) and inserting the following:

“(b) Report.—Not later than 90 days after the date of enactment of this subsection, 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 operational benefits and limitations of a common hull design for 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.”.

(d) Definitions.—In this section:

(1) COMMERCIAL SERVICE.—The term “commercial service” has the meaning given such term in section 2101 of title 46, United States Code.

(2) GREAT LAKES.—The term “Great Lakes”—

(A) has the meaning given such term in section 118 of the Federal Water Pollution Control Act (33 U.S.C. 1268); and

(B) includes harbors adjacent to such waters.

(3) ICE-COVERED WATERWAY.—The term “ice-covered waterway” means any portion of the Great Lakes in which vessels engaged in commercial service 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) meet the reasonable demands of shipping;

(B) minimize delays to passenger ferries;

(D) prevent damage due to flooding; and

(E) conduct other Coast Guard missions, as required.

(5) REASONABLE DEMANDS OF SHIPPING.—The term “reasonable demands of shipping” means the safe movement of vessels engaged in commercial service and ferries transiting ice-covered waterways in the Great Lakes to their intended destination, regardless of type of cargo.

SEC. 211. Center of expertise for Great Lakes oil spill search and response.

Section 807(d) of the Frank LoBiondo Coast Guard Authorization Act of 2018 (14 U.S.C. 313 note) is amended to read as follows:

“(d) Definition.—In this section, the term ‘Great Lakes’ means—

“(1) Lake Ontario;

“(2) Lake Erie;

“(3) Lake Huron (including Lake St. Clair);

“(4) Lake Michigan;

“(5) Lake Superior; and

“(6) the connecting channels (including the following rivers and tributaries of such rivers: Saint Mary’s River, Saint Clair River, Detroit River, Niagara River, Illinois River, Chicago River, Fox River, Grand River, St. Joseph River, St. Louis River, Menominee River, Muskegon River, Kalamazoo River, and Saint Lawrence River to the Canadian border).”.

SEC. 212. Study on laydown of Coast Guard cutters.

Not later than 120 days after the date of enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of Transportation, 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. 213. Responses of Commandant of the Coast Guard to safety recommendations.

(a) In general.—Chapter 7 of title 14, United States Code, is amended by adding at the end the following:

“§ 721. Responses to safety recommendations

“(a) In general.—Not later than 90 days after the submission to the Commandant of the Coast Guard of a recommendation by the National Transportation Safety Board relating to transportation safety, the Commandant shall submit to the Board a written response to each recommendation, which shall include 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.—A response under subsection (a) shall include—

“(1) with respect to a recommendation to which the Commandant concurs, an explanation of the actions the Commandant intends to take to implement such recommendation;

“(2) with respect to a recommendation to which the Commandant partially concurs, an explanation of the actions the Commandant intends to take to implement the portion of such recommendation with which the Commandant partially concurs; and

“(3) with respect to a recommendation to which the Commandant does not concur, the reasons why the Commandant does not concur with such recommendation.

“(c) Failure To respond.—If the Board has not received the written response required under subsection (a) by the end of the time period described in such subsection, the Board shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that such response has not been received.”.

(b) Clerical amendment.—The analysis for chapter 7 of title 14, United States Code, is amended by inserting after the item relating to section 720 the following:

“721. Responses to safety recommendations.”.

SEC. 214. Conveyance of Coast Guard vessels for public purposes.

(a) Redesignation and transfer.—

(1) IN GENERAL.—Section 914 of the Coast Guard Authorization Act of 2010 (Public Law 111–281) is transferred to chapter 5 of title 14, United States Code, inserted after section 508, redesignated as section 509, and amended so that the enumerator, section heading, typeface, and typestyle conform to those appearing in other sections in title 46, United States Code.

(2) CLERICAL AMENDMENTS.—

(A) COAST GUARD AUTHORIZATION ACT OF 2010.—The table of contents in section 1(b) of the Coast Guard Authorization Act of 2010 (Public Law 111–281) is amended by striking the item relating to section 914.

(B) TITLE 46.—The analysis for chapter 5 of title 14, United States Code, is amended by inserting after the item relating to section 508 the following:

“509. Conveyance of Coast Guard vessels for public purposes.”.

(b) Conveyance of Coast Guard vessels for public purposes.—Section 509 of title 14, United States Code (as transferred and redesignated under subsection (a)), is amended—

(1) by amending subsection (a) to read as follows:

“(a) In general.—At the request of the Commandant, the Administrator of the General Services Administration may transfer ownership of a Coast Guard vessel or aircraft to an eligible entity for use 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 such a request were being processed” after “vessels”; and

(ii) by inserting “, as in effect on the date of enactment of the Don Young Coast Guard Authorization Act of 2022” after “Code of Federal Regulations”; and

(B) in paragraph (2) by inserting “, as in effect on the date of enactment of the Don Young Coast Guard Authorization Act of 2022” after “such title”.

SEC. 215. 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) such life-cycle cost estimates 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 such life-cycle cost estimates developed under paragraph (1).”.

SEC. 216. 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. 217. 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 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 on the viability of establishing an explosive ordnance disposal program (hereinafter 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;

(D) elsewhere within the Coast Guard.

(3) 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.

(4) 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.

(5) 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;

(D) provide service in support of the President; and

(E) support national security special events.

(6) The career progression of Coast Guardsman 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

(7) Initial and annual budget justification estimates on a single program element of the Program for—

(A) civilian and military pay with details on military pay, including special and incentive pays such as—

(i) officer responsibility pay;

(ii) officer SCUBA diving duty pay;

(iii) officer demolition hazardous duty pay;

(iv) enlisted SCUBA diving duty pay;

(v) enlisted demolition hazardous duty pay;

(vi) enlisted special duty assignment pay at level special duty-5;

(vii) enlisted assignment incentive pays;

(viii) enlistment and reenlistment bonuses;

(ix) officer and enlisted full civilian clothing allowances;

(x) an exception to the policy allowing a third hazardous duty pay for explosive ordnance disposal-qualified officers and enlisted; and

(xi) parachutist hazardous duty pay;

(B) research, development, test, and evaluation;

(D) other transaction agreements;

(E) operations and support; and

(F) overseas contingency operations.

SEC. 218. Pribilof Island transition completion actions.

(a) Extensions.—Section 524 of the Pribilof Island Transition Completion Act of 2016 (Public Law 114–120) is amended—

(1) in subsection (b)(5) by striking “5 years” and inserting “6 years”; and

(2) in subsection (c)(3) by striking “60 days” and inserting “120 days”.

(b) Actual use and occupancy reports.—Not later than 90 days after enactment of this Act, and quarterly thereafter, the Secretary of the department in which the Coast Guard is operating 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.

(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) may 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 such repairs may be offset under the terms of the lease.

(d) Fuel tank.—

(1) DETERMINATION.—Not later than 30 days after the date of enactment of this Act, the Secretary shall determine whether the fuel tank located on St. Paul Island, Alaska, that is owned by the Coast Guard is needed for Coast Guard operations.

(2) TRANSFER.—Subject to paragraph (3), if the Secretary determines such tank is not needed for operations, the Secretary shall, not later than 90 days after making such determination, transfer such tank to the Alaska Native Village Corporation for St. Paul Island, Alaska.

(3) FAIR MARKET VALUE EXCEPTION.—The Secretary may only carry out a transfer under paragraph (2) if the fair market value of such tank is less than the aggregate value of any lease payments for the property on which the tank is located that the Coast Guard would have paid to the Alaska Native Village Corporation for St. Paul Island, Alaska, had such lease been extended at the same rate.

(e) 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. 219. Notification of communication outages.

(1) contains a plan for the Coast Guard to notify mariners of radio outages for towers owned and operated by the Coast Guard in District 17;

(2) address in such plan how the Coast Guard in District 17 will—

(A) disseminate outage updates regarding outages on social media at least every 48 hours;

(B) provide updates on a publicly accessible website at least every 48 hours;

(D) generate receipt confirmation and acknowledgment of outages from mariners; and

(E) develop and advertise a web-based communications update hub on AM/FM radio for mariners; and

(3) identifies technology gaps necessary to implement the plan and provide a budgetary assessment necessary to implement the plan.

SEC. 301. Nonoperating individual.

Section 8313(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended by striking “the date that is 2 years after the date of the enactment of this Act” and inserting “January 1, 2025”.

SEC. 302. 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 of the department in which the Coast Guard is operating, 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 by 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. 303. Atlantic Coast port access routes briefing.

Not later than 30 days after the date of enactment of this Act, and 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 of the department in which the Coast Guard is operating shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on any progress made to execute such requirements.

SEC. 304. 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 “vessels described in subsection (b) if—

“(A) requested by an owner or operator; or

“(B) the vessel is—

“(i) at least 50 feet overall in length;

“(ii) built before July 1, 2013; and

“(iii) 25 years of age or older; and”;

(2) in section 4503(b) by striking “Except as provided in section 4503a, subsection (a)” and inserting “Subsection (a)”; and

(3) by repealing section 4503a.

(b) Alternative safety compliance agreements.—Nothing in this section or the amendments made by this section shall be construed to affect or apply to any alternative compliance and safety agreement entered into by the Coast Guard that is in effect on the date of enactment of this Act.

(c) Conforming amendments.—The table of sections in chapter 45 of title 46, United States Code, is amended by striking the item relating to section 4503a.

SEC. 305. Requirements for DUKW-type amphibious passenger vessels.

(a) Regulations required.—Not later than 1 year after the date of enactment of this Act, the Commandant of the Coast Guard shall issue regulations for DUKW-type amphibious passenger vessels operating in waters subject to the jurisdiction of the United States, as defined in section 2.38 of title 33, Code of Federal Regulations (as in effect on the date of enactment of this Act).

(b) Deadline for compliance.—The regulations issued under subsection (a) shall take effect not later than 24 months after the date of enactment of this Act.

(1) A requirement that operators of DUKW-type 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) A requirement that an operator of a DUKW-type amphibious passenger vessel—

(A) review and notate the forecast of the National Weather Service of the National Oceanic and Atmospheric Administration in the logbook of the vessel before getting underway and periodically while underway;

(B) 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-type amphibious passenger vessel; and

(C) 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.

(3) A requirement that—

(A) operators of DUKW-type 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

(4) A requirement for annual training for operators and crew of DUKW-type amphibious passengers 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.

(d) Consideration.—In issuing the regulations required under subsection (a), the Commandant shall consider whether personal flotation devices should be required for the duration of the waterborne transit of a DUKW-type amphibious passenger vessel.

(e) Interim requirements.—Beginning on the date on which the regulations under subsection (a) are issued, the Commandant shall require that operators of DUKW-type amphibious passenger vessels that are not in compliance with such regulations shall be subject to the following requirements:

(1) Remove the canopies and any window coverings of such vessels for waterborne operations, or install in such vessels a canopy that does not restrict horizontal or vertical escape by passengers in the event of flooding or sinking.

(2) If a canopy and window coverings are removed from any such vessel pursuant to paragraph (1), require that all passengers wear a personal flotation device approved by the Coast Guard before the onset of waterborne operations of such vessel.

(3) Reengineer such vessels to permanently close all unnecessary access plugs and reduce all through-hull penetrations to the minimum number and size necessary for operation.

(4) Install in such vessels independently powered electric bilge pumps that are capable of dewatering such vessels at the volume of the largest remaining penetration in order to supplement an operable Higgins pump or a dewatering pump of equivalent or greater capacity.

(5) Install in such vessels not fewer than 4 independently powered bilge alarms.

(6) Conduct an in-water inspection of any such vessel after each time a through-hull penetration of such vessel has been removed or uncovered.

(7) Verify through an in-water inspection the watertight integrity of any such vessel at the outset of each waterborne departure of such vessel.

(8) Install underwater LED lights that activate automatically in an emergency.

(9) Otherwise comply with any other provisions of relevant Coast Guard guidance or instructions in the inspection, configuration, and operation of such vessels.

SEC. 306. Exoneration and limitation of liability for small passengers vessels.

(a) Restructuring.—Chapter 305 of title 46, United States Code, is amended—

(1) by inserting the following before section 30501 the following:

“SUBCHAPTER I—GENERAL PROVISIONS

(2) by inserting the following before section 30503:

“SUBCHAPTER II—EXONERATION AND LIMITATION OF LIABILITY

and

(3) by redesignating sections 30503 through 30512 as sections 30521 through 30530, respectively.

(b) Definitions.—Section 30501 of title 46, United States Code, is amended to read as follows:

“§ 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) Clerical amendment.—The item relating to section 30501 in the analysis for chapter 305 of title 46, United States Code, is amended to read as follows:

“30501. Definitions.”.

(d) Applicability.—Section 30502 of title 46, United States Code, is amended by inserting “as to covered small passenger vessels, and” before “as otherwise provided”.

(e) Provisions requiring notice of claim or limiting time for bringing action.—Section 30526 of title 46, United States Code, as redesignated by subsection (a), is amended—

(1) in subsection (a), by inserting “and covered small passenger vessels” after “seagoing vessels”;

(2) in subsection (b)(1), by striking “6 months” and inserting “2 years”; and

(3) in subsection (b)(2), by striking “one year” and inserting “2 years”.

(f) Tables of subchapters and tables of sections.—The table of sections for chapter 305 of title 46, United States Code, is amended—

(1) by inserting before section 30501 the following:

“SUBCHAPTER I—GENERAL PROVISIONS

(2) by inserting after section 30502 the following:

“SUBCHAPTER II—EXONERATION AND LIMITATION OF LIABILITY

and

(3) by redesignating the items relating to sections 30503 through 30512 as items relating to sections 30521 through 30530, respectively.

(g) 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

SEC. 307. Automatic identification system requirements.

(a) Requirement for fishing vessels To have automatic identification systems.—Section 70114(a)(1) of title 46, United States Code, is amended—

(1) by striking “, while operating on the navigable waters of the United States,”;

(2) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv);

(3) by inserting before clauses (i) through (iv), as redesignated by paragraph (2), the following:

“(A) While operating on the navigable waters of the United States:”; and

(4) by adding at the end the following:

“(B) A vessel of the United States that is more than 65 feet overall in length, while engaged in fishing, fish processing, or fish tendering operations on the navigable waters of the United States or in the United States exclusive economic zone.”.

(b) Authorization of appropriations.—There is authorized to be appropriated to the Secretary of Commerce for fiscal year 2022, $5,000,000, to remain available until expended, to purchase automatic identification systems for fishing vessels, fish processing vessels, fish tender vessels more than 50 feet in length, as described under this section and the amendments made by this section.

SEC. 308. Qualified vessel.

(a) Eligible vessel.—Section 53501(2) of title 46, United States Code, is amended—

(1) in subparagraph (A)(iii) by striking “and” at the end;

(2) in subparagraph (B)(v) by striking the period at the end and inserting a semicolon; and

(3) by adding at the end the following:

“(C) a ferry, as such term is defined in section 2101; and

“(D) a passenger vessel or small passenger vessel, as such terms are defined in section 2101, that has a passenger capacity of 50 passengers or greater.”.

(b) Qualified vessel.—Section 53501(5) of title 46, United States Code, is amended—

(1) in subparagraph (A)(iii) by striking “and” at the end;

(2) in subparagraph (B)(v) by striking the period at the end and inserting a semicolon; and

(3) by adding at the end the following:

“(C) a ferry, as such term is defined in section 2101; and

“(D) a passenger vessel or small passenger vessel, as such terms are defined in section 2101, that has a passenger capacity of 50 passengers or greater.”.

SEC. 309. Establishing a capital construction fund.

Section 53503(b) of title 46, United States Code, is amended by inserting “(including transportation on a ferry, passenger vessel, or small passenger vessel, as such terms are defined in section 2101, that has a passenger capacity of 50 passengers or greater)” after “short sea transportation”.

SEC. 401. Terms and vacancies.

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

SEC. 501. Restriction 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) An owner or operator may not change salvors as part of a deviation under subparagraph (B) in cases in which the original salvor satisfies the Coast Guard requirements in accordance with the National Contingency Plan and the applicable response plan required under subsection (j).

“(D) In any case in which the Coast Guard 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 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.”.

SEC. 502. Providing requirements for vessels anchored in established anchorage grounds.

(a) In general.—Section 70006 of title 46, United States Code, is amended to read as follows:

“§ 70006. Anchorage grounds

“(a) Anchorage grounds.—

“(1) ESTABLISHMENT.—The Secretary of the department in which the Coast Guard is operating shall define and establish anchorage grounds in the navigable waters of the United States for vessels operating in such waters.

“(2) RELEVANT FACTORS FOR ESTABLISHMENT.—In carrying out paragraph (1), the Secretary shall take into account all relevant factors concerning navigational safety, protection of the marine environment, proximity to undersea pipelines and cables, safe and efficient use of Marine Transportation System, and national security.

“(b) Vessel requirements.—Vessels, of certain sizes or type determined by the Secretary, shall—

“(1) set and maintain an anchor alarm for the duration of an anchorage;

“(2) comply with any directions or orders issued by the Captain of the Port; and

“(3) comply with any applicable anchorage regulations.

“(c) Prohibitions.—A vessel may not—

“(1) anchor in any Federal navigation channel unless authorized or directed to by the Captain of the Port;

“(2) anchor in near proximity, within distances determined by the Coast Guard, to an undersea pipeline or cable, unless authorized or directed to by the Captain of the Port; and

“(3) anchor or remain anchored in an anchorage ground during any period in which the Captain of the Port orders closure of the anchorage ground due to inclement weather, navigational hazard, a threat to the environment, or other safety or security concern.

“(d) Safety exception.—Nothing in this section shall be construed to prevent a vessel from taking actions necessary to maintain the safety of the vessel or to prevent the loss of life or property.”.

(b) Regulatory review.—

(1) REVIEW REQUIRED.—Not later than 1 year after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall complete a review of existing anchorage regulations and identify regulations that may need modification—

(A) in the interest of marine safety, security, and environmental concerns, taking into account undersea pipelines, cables, or other infrastructure; and

(B) to implement the amendments made by this section.

(2) BRIEFING.—Upon completion of the review under paragraph (1), but not later than 2 years after the date of enactment of this Act, the Secretary shall provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Subcommittee on Coast Guard and Maritime Transportation of the Committee on Transportation and Infrastructure of the House of Representatives that summarizes the review.

(c) Clerical amendment.—The table of sections for chapter 700 of title 46, United States Code, is amended by striking the item relating to section 70006 and inserting the following:

“70006. Anchorage grounds.”.

(d) 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. 503. Aquatic Nuisance Species Task Force.

(a) Recreational vessel defined.—Section 1003 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4702) is amended—

(1) by redesignating paragraphs (13) through (17) as paragraphs (15) through (19), respectively; and

(2) by inserting after paragraph (12) the following:

“(13) ‘State’ means each of the several States, the District of Columbia, American Samoa, Guam, Puerto Rico, the Northern Mariana Islands, and the Virgin Islands of the United States;

“(14) ‘recreational vessel’ has the meaning given that term in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362);”.

(b) Observers.—Section 1201 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721) is amended by adding at the end the following:

“(g) Observers.—The chairpersons designated under subsection (d) may invite representatives of nongovernmental entities to participate as observers of the Task Force.”.

(c) Aquatic Nuisance Species Task Force.—Section 1201(b) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721(b)) is amended—

(1) in paragraph (6), by striking “and” at the end;

(2) by redesignating paragraph (7) as paragraph (10); and

(3) by inserting after paragraph (6) the following:

“(7) the Director of the National Park Service;

“(8) the Director of the Bureau of Land Management;

“(9) the Commissioner of Reclamation; and”.

(d) Aquatic nuisance species program.—Section 1202 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4722) is amended—

(1) in subsection (e) by adding at the end the following:

“(4) TECHNICAL ASSISTANCE AND RECOMMENDATIONS.—The Task Force may provide technical assistance and recommendations for best practices to an agency or entity engaged in vessel inspections or decontaminations for the purpose of—

“(A) effectively managing and controlling the movement of aquatic nuisance species into, within, or out of water of the United States; and

“(B) inspecting recreational vessels in a manner that minimizes disruptions to public access for boating and recreation in non-contaminated vessels.

“(5) CONSULTATION.—In carrying out paragraph (4), including the development of recommendations, the Task Force may consult with—

“(A) State fish and wildlife management agencies;

“(B) other State agencies that manage fishery resources of the State or sustain fishery habitat; and

“(C) relevant nongovernmental entities.”; and

(2) in subsection (k) by adding at the end the following:

“(3) Not later than 90 days after the date of enactment of the Don Young Coast Guard Authorization Act of 2022, the Task Force shall submit a report to Congress recommending legislative, programmatic, or regulatory changes to eliminate remaining gaps in authorities between members of the Task Force to effectively manage and control the movement of aquatic nuisance species.”.

(e) Technical corrections and conforming amendments.—The Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701 et seq.) is further amended—

(1) in section 1002(b)(2), by inserting a comma after “funded”;

(2) in section 1003, in paragraph (7), by striking “Canandian” and inserting “Canadian”;

(3) in section 1203(a)—

(A) in paragraph (1)(F), by inserting “and” after “research,”; and

(B) in paragraph (3), by striking “encourage” and inserting “encouraged”;

(4) in section 1204(b)(4), in the paragraph heading, by striking “Adminisrative” and inserting “Administrative”; and

(5) in section 1209, by striking “subsection (a)” and inserting “section 1202(a)”.

SEC. 504. Limitation on recovery for certain injuries incurred in aquaculture activities.

(a) In general.—Section 30104 of title 46, United States Code, is amended—

(1) by inserting “(a) In general.—” before the first sentence; and

(2) by adding at the end the following:

“(b) Limitation on recovery by aquaculture workers.—

“(1) IN GENERAL.—For purposes of subsection (a), the term ‘seaman’ does not include an individual who—

“(A) is an aquaculture worker if State workers’ compensation is available to such individual; and

“(B) was, at the time of injury, engaged in aquaculture in a place where such individual had lawful access.

“(2) AQUACULTURE WORKER DEFINED.—In this subsection, the term ‘aquaculture worker’ means an individual who—

“(A) is employed by a commercial enterprise that is involved in the controlled cultivation and harvest of aquatic plants and animals, including—

“(i) the cleaning, processing, or canning of fish and fish products;

“(ii) the cultivation and harvesting of shellfish; and

“(iii) the controlled growing and harvesting of other aquatic species;

“(B) does not hold a license issued under section 7101(c); and

“(C) is not required to hold a merchant mariner credential under part F of subtitle II.”.

(b) Applicability.—The amendments made by this section shall apply to an injury incurred on or after the date of enactment of this Act.

SEC. 505. Information on type approval certificates.

(a) In general.—Title IX of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) is amended by adding at the end the following:

“SEC. 904. Information on type approval certificates.

“The Commandant of the Coast Guard shall, upon request by any State, the District of Columbia, or territory of the United States, provide all data possessed by the Coast Guard pertaining to challenge water quality characteristics, challenge water biological organism concentrations, post-treatment water quality characteristics, and post-treatment biological organism concentrations data for a ballast water management system with a type approval certificate approved by the Coast Guard pursuant to subpart 162.060 of title 46, Code of Federal Regulations.”.

(b) Clerical amendment.—The table of contents for the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) is amended by inserting after the item relating to section 903 the following:

“904. Information on type approval certificates.”.

SEC. 506. 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. 507. Cargo waiting time reduction.

(a) Interagency task force.—The President shall, acting through the Supply Chain Disruptions Task Force established under Executive Order 14017 (relating to supply chains) of February 24, 2021 (86 Fed. Reg. 11849) (hereinafter referred to as the “Task Force”), carry out the duties described in subsection (c).

(b) Duties.—In carrying out this section, the Task Force shall—

(1) evaluate and quantify the economic and environmental impact of cargo backlogs;

(2) evaluate and quantify the costs incurred by each Federal agency represented on the Task Force, and by State and local governments, due to such cargo backlogs;

(3) evaluate the responses of each such Federal agency to such cargo backlogs; and

(4) not later than 90 days after the date of enactment of this Act—

(A) develop a plan to—

(i) significantly reduce or eliminate such cargo backlog; and

(ii) reduce nationwide cargo processing delays, including the Port of Los Angeles and the Port of Long Beach; and

(B) 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 the plan developed under subparagraph (A).

(c) Report of the Commandant.—No later than 90 days after the date of enactment of this Act, 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 on cargo backlogs 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—

(A) provide additional protections against oil spills caused by anchor strikes; and

(B) address other safety concerns and environmental impacts.

SEC. 508. Limited indemnity provisions in standby oil spill response contracts.

(a) In general.—Subject to subsections (b) and (c), a contract for the containment or removal of a discharge entered into by the President under section 311(c) of the Federal Water Pollution Control Act (33 U.S.C. 1321(c)) shall contain a provision to indemnify a contractor for liabilities and expenses incidental to the containment or removal arising out of the performance of the contract that is substantially identical to the terms contained in subsections (d) through (h) of section H.4 (except for paragraph (1) of subsection (d)) of the contract offered by the Coast Guard in the solicitation numbered DTCG89–98– A–68F953, dated November 17, 1998.

(b) Requirements.—

(1) SOURCE OF FUNDS.—The provision required under subsection (a) shall include a provision that the obligation to indemnify is limited to funds available in the Oil Spill Liability Trust Fund established by section 9509(a) of the Internal Revenue Code of 1986 at the time the claim for indemnity is made.

(2) UNCOMPENSATED REMOVAL.—A claim for indemnity under a contract described in subsection (a) shall be made as a claim for uncompensated removal costs under section 1012(a)(4) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(4)).

(3) LIMITATION.—The total indemnity for a claim under a contract described in subsection (a) may not be more than $50,000 per incident.

(c) Applicability of exemptions.—Notwithstanding subsection (a), the United States shall not be obligated to indemnify a contractor for any act or omission of the contractor carried out pursuant to a contract entered into under this section where such act or omission is grossly negligent or which constitutes willful misconduct.

SEC. 509. 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) by striking paragraphs (1) and (2) and inserting the following:

“(1) BSNC (to serve as Council Chair).

“(2) The Secretary of Homeland Security.

“(3) An Oil Spill Response Organization that serves the area in which such Port is located.

“(4) The State.”;

(2) in subsection (c)(1)—

(A) in subparagraph (B) by adding “and” at the end; and

(B) by striking subparagraphs (C) and (D) and inserting the following:

“(C) land use planning and development at Point Spencer in support of the following activities within the Bearing Sea, the Chukchi Sea, and the Arctic Ocean:

“(i) Search and rescue.

“(ii) Shipping safety.

“(iii) Economic development.

“(iv) Oil spill prevention and response.

“(v) National security.

“(vi) Major marine casualties.

“(vii) Protection of Alaska Native archaeological and cultural resources.

“(viii) Port of refuge, arctic research, and maritime law enforcement.”;

(3) by amending subsection (c)(3) to read as follows:

“(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.”; and

(4) in subsection (e)—

(A) by striking “Operations and management costs” and inserting the following:

“(1) DETERMINATION OF COSTS.—Operations and management costs”; and

(B) by adding at the end the following:

“(2) FUNDING.—To facilitate the mooring buoy system in Port Clarence and to assist the Council in the development of other oil spill prevention and response infrastructure, including reactivating the airstrip at Point Spencer with appropriate technology and safety equipment in support of response operations, there is authorized to be made available $5,000,000 for each of fiscal years 2023 through 2025 from the interest generated from the Oil Spill Liability Trust Fund.”.

SEC. 510. Western Alaska oil spill planning criteria.

(a) Western Alaska oil spill planning criteria.—Section 311(j)(5) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(5)) is amended by adding at the end the following:

“(J) (i) Except as provided in clause (iv) (including with respect to Cook Inlet), in any case in which the Secretary has determined 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, a response plan required under this paragraph with respect to a discharge of oil for the vessel shall comply with the planning criteria established under clause (ii), which planning criteria shall, with respect to a discharge of oil from the vessel, apply in lieu of any alternative planning criteria approved for vessels operating in such area.

“(ii) The President shall establish planning criteria for a worst case discharge of oil, and a substantial threat of such a discharge, within the area of responsibility of Western Alaska Captain of the Port Zone, including planning criteria for the following:

“(I) Oil spill response resources that are required to be located within 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 area.

“(III) Pre-identified vessels for oil spill response that are capable of operating in the ocean environment and required to be located within such area.

“(IV) Real-time continuous vessel tracking, monitoring, and engagement protocols that detect and address vessel operation anomalies.

“(V) Vessel routing measures consistent with international routing measure deviation protocols.

“(VI) Ensuring the availability of at least one oil spill removal organization that is classified by the Coast Guard and that—

“(aa) is capable of responding in all operating environments in such area;

“(bb) controls oil spill response resources of dedicated and nondedicated resources within such area, through ownership, contracts, agreements, or other means approved by the President, sufficient to mobilize and sustain a response to a worst case discharge of oil and to contain, recover, and temporarily store discharged oil; and

“(cc) has pre-positioned oil spill response resources in strategic locations throughout such area in a manner that ensures the ability to support response personnel, marine operations, air cargo, or other related logistics infrastructure.

“(VII) Temporary storage capability using both dedicated and non-dedicated assets located within such area.

“(VIII) Non-mechanical oil spill response resources, to be available under contracts, agreements, or other means approved by the President, capable of responding to both a discharge of persistent oil and a discharge of non-persistent oil, whether the discharged oil was carried by a vessel as fuel or cargo.

“(IX) With respect to tank barges carrying non-persistent oil in bulk as cargo, oil spill response resources that are required to be carried on board.

“(X) Ensuring that oil spill response resources required to comply with this subparagraph are separate from and in addition to resources otherwise required to be included in a response plan for purposes of compliance with salvage and marine firefighting planning requirements under this subsection.

“(XI) Specifying a minimum length of time that approval of a response plan under this subparagraph is valid.

“(XII) Ensuring compliance with requirements for the preparation and submission of vessel response plans established by regulations pursuant to this paragraph.

“(iii) The President may approve a response plan for a vessel under this subparagraph only if the owner or operator of the vessel demonstrates the availability of the oil spill response resources required to be included in the response plan under the planning criteria established under clause (ii).

“(iv) Nothing in this subparagraph 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 applicable to tank vessels operating within 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.

“(v) The Secretary shall review any determination that the national planning criteria are inappropriate for a vessel operating in the area of responsibility of Western Alaska Captain of the Port Zone not less frequently than once every five years.

“(vi) For purposes of this subparagraph, the term ‘Western Alaska Captain of the Port Zone’ means the area described in section 3.85–15 of title 33, Code of Federal Regulations, as in effect on the date of enactment of this subparagraph.”.

(b) Establishment of Alaska oil spill planning criteria.—

(1) DEADLINE.—Not later than 2 years after the date of enactment of this Act, the President shall establish the planning criteria required to be established under subparagraph (J) of section 311(j)(5) of the Federal Water Pollution Control Act of (33 U.S.C. 1321(j)(5)), as added by this section.

(2) CONSULTATION.—In establishing such planning criteria, the President shall consult with the State of Alaska, owners and operators of vessels subject to such planning criteria, oil spill removal organizations, Alaska Native organizations, and environmental nongovernmental organizations located within the State of Alaska.

(3) VESSELS IN COOK INLET.—Unless otherwise authorized by the Secretary of the department in which the Coast Guard, a vessel may only operate in Cook Inlet, Alaska, under a vessel response plan that meets the requirements of the national planning criteria established pursuant to section 311(j)(5) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(5)).

(c) Congressional report.—Not later than one year after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall submit to Congress a report regarding the status of implementing the requirements of subparagraph (J) of section 311(j)(5) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(5)), as added by this section.

SEC. 511. Nonapplicability.

Requirements under sections 3507(d), 3507(e), 3508, and 3509 of title 46, United States Code, shall not apply to the passenger vessel American Queen (U.S. Coast Guard Official Number 1030765) or any other passenger vessel—

(1) on which construction identifiable with the specific vessel begins prior to the date of enactment of this Act; and

(2) to which sections 3507 and 3508 would otherwise apply when such vessels are operating inside the boundary line.

SEC. 512. Report on enforcement of coastwise laws.

The Commandant of the Coast Guard 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. 513. 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. 514. Center of Expertise for Marine Environmental Response.

(a) In general.—Not later than 1 year after the date of enactment of this Act, the Commandant of the Coast Guard, in consultation with the Administrator of the National Oceanic and Atmospheric Administration, shall establish a Center of Expertise for Marine Environmental Response (referred to in this section as the “Center of Expertise”) in accordance with section 313 of title 14, United States Code.

(b) Location.—The Center of Expertise shall be located in close proximity to—

(1) an area of the country with quick access to State, Federal, and international waters, port and marine environments, coastal and estuary environments, and the intercoastal waterway;

(2) multiple Coast Guard sea and air stations;

(3) multiple Federal agencies that are engaged in coastal and fisheries management;

(4) one or more designated national estuaries;

(5) State coastal and wildlife management agencies; and

(6) an institution of higher education with adequate marine science search laboratory facilities and capabilities and expertise in coastal marine ecology, ecosystems, environmental chemistry, fish and wildlife management, coastal mapping, water resources, and marine technology development.

(1) monitor and assess, on an ongoing basis, the state of knowledge regarding training, education, and technology development for marine environmental response protocols in State, Federal, and international waters, port and marine environments, coastal and estuary environments, and the intercoastal waterway;

(2) identify any significant gaps in research related to marine environmental response protocols, including an assessment of major scientific or technological deficiencies in responses to past incidents in these waterways that are interconnected, and seek to fill such gaps;

(3) conduct research, development, testing, and evaluation for marine environmental response equipment, technologies, and techniques to mitigate and respond to environmental incidents in these waterways;

(4) educate and train Federal, State, and local first responders in—

(A) the incident command system structure;

(B) marine environmental response techniques and strategies; and

(5) work with academic and private sector response training centers to develop and standardize marine environmental response training and techniques.

(d) Marine environmental response defined.—In this section, the term “marine environmental response” means any response to incidents that—

(1) impacts—

(A) the marine environment of State, Federal or international waterways;

(B) port and marine environments;

(D) the intercoastal waterway; and

(2) promotes—

(A) the protection and conservation of the marine environment;

(B) the health of fish, animal populations, and endangered species; and

SEC. 515. Prohibition on entry and operation.

(a) Prohibition.—

(1) IN GENERAL.—Except as otherwise provided in this section, during the period in which Executive Order 14065 (87 Fed. Reg. 10293, relating to blocking certain Russian property or transactions), or any successor Executive Order is in effect, no vessel described in subsection (b) may enter or operate in the navigable waters of the United States or transfer cargo in any port or place under the jurisdiction of the United States.

(2) LIMITATIONS ON APPLICATION.——

(A) IN GENERAL.—The prohibition under paragraph (1) shall not apply with respect to vessel described in subsection (b) if the Secretary of State determines that—

(i) the vessel is owned or operated by a Russian national or operated by the government of the Russian Federation; and

(ii) it is in the national security interest not to apply the prohibition to such vessel.

(B) NOTICE.—Not later than 15 days after making a determination under subparagraph (A), the Secretary of State shall submit to the Committee on Foreign Affairs and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Foreign Relations and the Committee on Commerce, Science, and Transportation of the Senate written notice of the determination and the basis upon which the determination was made.

(C) PUBLICATION.—The Secretary of State shall publish a notice in the Federal Register of each determination made under subparagraph (A).

(b) Vessels described.—A vessel referred to in subsection (a) is a vessel owned or operated by a Russian national or operated by the government of the Russian Federation.

(c) Information and publication.—The Secretary of the department in which the Coast Guard is operating, with the concurrence of the Secretary of State, shall—

(1) maintain timely information on the registrations of all foreign vessels owned or operated by or on behalf of the Government of the Russian Federation, a Russian national, or a entity organized under the laws of the Russian Federation or any jurisdiction within the Russian Federation; and

(2) periodically publish in the Federal Register a list of the vessels described in paragraph (1).

(d) Notification of governments.—

(1) IN GENERAL.—The Secretary of State shall notify each government, the agents or instrumentalities of which are maintaining a registration of a foreign vessel that is included on a list published under subsection (c)(2), not later than 30 days after such publication, that all vessels registered under such government’s authority are subject to subsection (a).

(2) ADDITIONAL NOTIFICATION.—In the case of a government that continues to maintain a registration for a vessel that is included on such list after receiving an initial notification under paragraph (1), the Secretary shall issue an additional notification to such government not later than 120 days after the publication of a list under subsection (c)(2).

(e) Notification of vessels.—Upon receiving a notice of arrival under section 70001(a)(5) of title 46, United States Code, from a vessel described in subsection (b), the Secretary of the department in which the Coast Guard is operating shall notify the master of such vessel that the vessel may not enter or operate in the navigable waters of the United States or transfer cargo in any port or place under the jurisdiction of the United States, unless—

(1) the Secretary of State has made a determination under subsection (a)(2); or

(2) the Secretary of the department in which the Coast Guard is operating 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 of the department in which the Coast Guard is operating 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. 516. St. Lucie River railroad bridge.

The Commandant of the Coast Guard shall take such actions as are necessary to implement any recommendations for the St. Lucie River railroad bridge made by the Coast Guard in the document titled “Waterways Analysis and Management System for Intracoastal Waterway Miles 925-1005 (WAMS #07301)” published by Coast Guard Sector Miami in 2018.

SEC. 517. Assistance related to marine mammals.

(a) Maritime environmental and technical assistance program.—Section 50307(b) of title 46, United States Code, is amended—

(1) in paragraph (1)(D) by striking “and” at the end;

(2) in paragraph (2) by striking the period and insert “; and”; and

(3) by adding at the end the following:

“(3) technologies that quantifiably reduce underwater noise from marine vessels, including noise produced incidental to the propulsion of marine vessels.”.

(b) Assistance to reduce impacts of vessel strikes and noise on marine mammals.—

(1) IN GENERAL.—Chapter 541 of title 46, United States Code, is amended by adding at the end the following:

“§ 54102. Assistance to reduce impacts of vessel strikes and noise on marine mammals

“(a) In general.—The Administrator of the Maritime Administration, in coordination with the Secretary of the department in which the Coast Guard is operating, may make grants to, or enter into contracts or cooperative agreements with, academic, public, private, and nongovernmental entities to develop and implement mitigation measures that will lead to a quantifiable reduction in—

“(1) impacts to marine mammals from vessels; and

“(2) underwater noise from vessels, including noise produced incidental to the propulsion of vessels.

“(b) Eligible use.—Assistance under this section may be used to develop, assess, and carry out activities that reduce threats to marine mammals by—

“(1) reducing—

“(A) stressors related to vessel traffic; and

“(B) vessel strike mortality, and serious injury; or

“(2) monitoring—

“(A) sound; and

“(B) vessel interactions with marine mammals.

“(c) Priority.—The Administrator shall prioritize assistance under this section for projects that—

“(1) is based on the best available science on methods to reduce threats related to vessels traffic;

“(2) collect data on the reduction of such threats;

“(3) reduce—

“(A) disturbances from vessel presence;

“(B) mortality risk; or

“(C) serious injury from vessel strikes; or

“(4) conduct risk assessments, or tracks progress toward threat reduction.

“(d) Briefing.—The Administrator shall provide to the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate, an annual briefing that includes the following:

“(1) The name and location of each entity receiving a grant under this section.

“(2) The amount of each such grant.

“(3) A description of the activities carried out with assistance provided under this section.

“(4) An estimate of the impact that a project carried out with such assistance has on the reduction of threats to marine mammals.

“(e) Authorization of appropriations.—There is authorized to be appropriated to the Administrator to carry out this section $10,000,000 for each of fiscal years 2022 through 2026, to remain available until expended.”.

(2) CLERICAL AMENDMENT.—The analysis for chapter 541 of title 46, United States Code, is amended by adding at the end the following:

“54102. Assistance to reduce impacts of vessel strikes and noise on marine mammals.”.

(1) IN GENERAL.—Part of A of subtitle V of title 46, United States Code, is amended by adding at the end the following:

“CHAPTER 507—MONITORING AND MITIGATION

“Sec.
“50701. Near real-time monitoring and mitigation program for large whales.
“50702. Pilot project.

“§ 50701. Near real-time monitoring and mitigation program for large whales

“(a) Establishment.—The Administrator of the Maritime Administration, in consultation with the Commandant of the Coast Guard, shall design and deploy a near real-time large whale monitoring and mitigation program (in this section referred to as the Program) informed by the technologies, monitoring methods, and mitigation protocols developed pursuant to the pilot program required under section 50702.

“(b) Purpose.—The purpose of the Program will be to reduce the risk to large whales of vessel collisions and to minimize other impacts.

“(c) Requirements.—In designing and deploying the Program, the Administrator shall—

“(1) prioritize species of large whales for which vessel collision impacts are of particular concern;

“(2) prioritize areas where such vessel impacts are of particular concern;

“(3) develop technologies capable of detecting and alerting individuals and enforcement agencies of the probable location of large whales on a near real-time basis, to include real time data whenever possible;

“(4) inform sector-specific mitigation protocols to effectively reduce takes of large whales; and

“(5) integrate technology improvements as such improvements become available.

“(d) Authority.—The Administrator may make grants or enter into and contracts, leases, or cooperative agreements as may be necessary to carry out the purposes of this section on such terms as the Administrator considers appropriate, consistent with Federal acquisition regulations.

“§ 50702. Pilot project

“(a) Establishment.—The Administrator of the Maritime Administration shall carry out a pilot monitoring and mitigation project for North Atlantic right whales (in this section referred to as the ‘Pilot Program’) for purposes of informing a cost-effective, efficient, and results-oriented near real-time monitoring and mitigation program for large whales under 50701.

“(b) Pilot project requirements.—In carrying out the pilot program, the Administrator, in coordination with the Commandant of the Coast Guard, using best available scientific information, shall identify and ensure coverage of—

“(1) core foraging habitats of North Atlantic right whales, including—

“(A) the South of the Islands core foraging habitat;

“(B) the Cape Cod Bay Area core foraging habitat;

“(C) the Great South Channel core foraging habitat; and

“(D) the Gulf of Maine; and

“(2) important feeding, breeding, calving, rearing, or migratory habitats of North Atlantic right whales that co-occur with areas of high risk of mortality, serious injury, or other impacts to such whales, including from vessels or vessel strikes.

“(c) Pilot project components.—

“(1) IN GENERAL.—Not later than 3 years after the date of enactment of the Don Young Coast Guard Authorization Act of 2022, the Administrator, in consultation with the Commandant, 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 and survey technologies to detect North Atlantic right whales within core foraging habitats;

“(B) uses dynamic habitat suitability models to inform the likelihood of North Atlantic right whale occurrence in core foraging habitat at any given time;

“(C) coordinates with the Integrated Ocean Observing System and Coast Guard vessel traffic service centers, and may coordinate with Regional Ocean Partnerships to leverage monitoring assets;

“(D) integrates historical data;

“(E) integrates new near real-time monitoring methods and technologies as they become available;

“(F) accurately verifies and rapidly communicates detection data;

“(G) creates standards for allowing ocean users to contribute data to the monitoring system using comparable near real-time monitoring methods and technologies; and

“(H) communicates the risks of injury to large whales to ocean users in a way that is most likely to result in informed decision making regarding the mitigation of those risks.

“(2) NATIONAL SECURITY CONSIDERATIONS.—All monitoring methods, technologies, and protocols under this section shall be consistent with national security considerations and interests.

“(3) ACCESS TO DATA.—The Administrator shall provide access to data generated by the monitoring system deployed under paragraph (1) for purposes of scientific research and evaluation, and public awareness and education, including through the NOAA Right Whale Sighting Advisory System and WhaleMap or other successive public web portals, subject to review for national security considerations.

“(d) Mitigation protocols.—The Administrator, in consultation with the Commandant, and with input from affected stakeholders, develop and deploy mitigation protocols that make use of the near real-time monitoring system deployed under subsection (c) to direct sector-specific mitigation measures that avoid and significantly reduce risk of serious injury and mortality to North Atlantic right whales.

“(e) Reporting.—

“(1) PRELIMINARY REPORT.—Not later than 2 years after the date of the enactment of the Don Young Coast Guard Authorization Act of 2022, the Administrator, in consultation with the Commandant, shall submit to the appropriate Congressional Committees and make available to the public a preliminary report which shall include—

“(A) a description of the monitoring methods and technology in use or planned for deployment;

“(B) analyses of the efficacy of the methods and technology in use or planned for deployment for detecting North Atlantic right whales;

“(C) how the monitoring system is directly informing and improving North American right whale management, health, and survival;

“(D) a prioritized identification of technology or research gaps;

“(E) a plan to communicate the risks of injury to large whales to ocean users in a way that is most likely to result in informed decision making regarding the mitigation of those risks; and

“(F) additional information, as appropriate.

“(2) FINAL REPORT.—Not later than 6 years after the date of the enactment of the Don Young Coast Guard Authorization Act of 2022, the Administrator, in consultation with the Commandant, shall submit to the appropriate congressional committees and make available to the public a final report, addressing the components in subparagraph (A) and including—

“(A) an assessment of the benefits and efficacy of the near real-time monitoring and mitigation program;

“(B) a strategic plan to expand the pilot program to provide near real-time monitoring and mitigation measures;

“(i) to additional large whale species of concern for which such measures would reduce risk of serious injury or death; and

“(ii) in important feeding, breeding, calving, rearing, or migratory habitats of whales that co-occur with areas of high risk of mortality or serious injury of such whales from vessel strikes or disturbance;

“(C) a prioritized plan for acquisition, deployment, and maintenance of monitoring technologies;

“(D) the locations or species for which the plan would apply; and

“(E) a budget and description of funds necessary to carry out the strategic plan.

“(f) Additional authority.—The Administrator may make grants enter into contracts, leases, or cooperative agreements as may be necessary to carry out the purposes of this section on such terms as the Administrator considers appropriate, consistent with Federal acquisition regulations.

“(g) Authorization of appropriations.—There is authorized to be appropriated to the Administrator to carry out this section $17,000,000 for each of fiscal years 2022 through 2026.

“(h) Definitions.—In this section and section 50701:

“(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means the Committee Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

“(2) CORE FORAGING HABITATS.—The term ‘core foraging habitats’ means areas with biological and physical oceanographic features that aggregate Calanus finmarchicus and where North Atlantic right whales foraging aggregations have been well documented.

“(3) NEAR REAL-TIME.—The term ‘near real-time’ means detected activity that is visual, acoustic, or in any other form, of North Atlantic right whales that are transmitted and reported as soon as technically feasible after such detected activity has occurred.

“(4) LARGE WHALE.—The term ‘large whale’ means all Mysticeti species and species within the genera Physeter and Orcinus.”.

(2) CLERICAL AMENDMENT.—The table of chapters for subtitle V of title 46, United States Code is amended by adding after the item related to chapter 505 the following:

“507. Monitoring and Mitigation 50701”.

SEC. 518. Manning and crewing requirements for certain vessels, vehicles, and structures.

(a) Authorization of limited exemptions from manning and crew requirement.—Chapter 81 of title 46, United States Code, is amended by adding at the end the following:

“§ 8108. Exemptions from manning and crew requirements

“(a) In general.—The Secretary may provide an exemption described in subsection (b) to the owner or operator of a covered facility if each individual who is manning or crewing the covered facility is—

“(1) a citizen of the United States;

“(2) an alien lawfully admitted to the United States for permanent residence; or

“(3) a citizen of the nation under the laws of which the vessel is documented.

“(b) Requirements for eligibility for exemption.—An exemption under this subsection is an exemption from the regulations established pursuant to section 30(a)(3) of the Outer Continental Shelf Lands Act (43 U.S.C. 1356(a)(3)).

“(c) Limitations.—An exemption under this section—

“(1) shall provide that the number of individuals manning or crewing the covered facility who are described in paragraphs (2) and (3) of subsection (a) may not exceed two and one- half times the number of individuals required to man or crew the covered facility under the laws of the nation under the laws of which the covered facility is documented; and

“(2) shall be effective for not more than 12 months, but may be renewed by application to and approval by the Secretary.

“(d) Application.—To be eligible for an exemption or a renewal of an exemption under this section, the owner or operator of a covered facility shall apply to the Secretary with an application that includes a sworn statement by the applicant of all information required for the issuance of the exemption.

“(e) Revocation.—

“(1) IN GENERAL.—The Secretary—

“(A) may revoke an exemption for a covered facility under this section if the Secretary determines that information provided in the application for the exemption was false or incomplete, or is no longer true or complete; and

“(B) shall immediately revoke such an exemption if the Secretary determines that the covered facility, in the effective period of the exemption, was manned or crewed in a manner not authorized by the exemption.

“(2) NOTICE REQUIRED.—The Secretary shall provides notice of a determination under subparagraph (A) or (B) of paragraph (1) to the owner or operator of the covered facility.

“(f) Review of compliance.—The Secretary shall periodically, but not less than once annually, inspect each covered facility that operates under an exemption under this section to verify the owner or operator of the covered facility’s compliance with the exemption. During an inspection under this subsection, the Secretary shall require all crew members serving under the exemption to hold a valid transportation security card issued under section 70105.

“(g) Penalty.—In addition to revocation under subsection (e), the Secretary may impose on the owner or operator of a covered facility a civil penalty of $10,000 per day for each day the covered facility—

“(1) is manned or crewed in violation of an exemption under this subsection; or

“(2) operated under an exemption under this subsection that the Secretary determines was not validly obtained.

“(h) Notification of Secretary of State.—The Secretary shall notify the Secretary of State of each exemption issued under this section, including the effective period of the exemption.

“(i) Definitions.—In this section:

“(1) COVERED FACILITY.—The term ‘covered facility’ means any vessel, rig, platform, or other vehicle or structure, over 50 percent of which is owned by citizens of a foreign nation or with respect to which the citizens of a foreign nation have the right effectively to control, except to the extent and to the degree that the President determines that the government of such foreign nation or any of its political subdivisions has implemented, by statute, regulation, policy, or practice, a national manning requirement for equipment engaged in the exploring for, developing, or producing resources, including non-mineral energy resources in its offshore areas.

“(2) SECRETARY.—The term ‘Secretary’ means the Secretary of the department in which the Coast Guard is operating.”.

(b) Annual report.—

(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report containing information on each letter of nonapplicability of section 8109 of title 46, United States Code, with respect to a covered facility that was issued by the Secretary during the preceding year.

(2) CONTENTS.—The report under paragraph (1) shall include, for each covered facility—

(A) the name and International Maritime Organization number;

(B) the nation in which the covered facility is documented;

(D) for any covered facility that was previously issued a letter of nonapplicability in a prior year, any changes in the information described in subparagraphs (A) through (C).

(c) Regulations.—Not later than 90 days after the date of the enactment of this Act, the Secretary shall promulgate regulations that specify the documentary and other requirements for the issuance of an exemption under the amendment made by this section.

(d) Existing exemptions.—

(1) EFFECT OF AMENDMENTS; TERMINATION.—Each exemption under section 30(c)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1356(c)(2)) issued before the date of the enactment of this Act—

(A) shall not be affected by the amendments made by this section during the 120-day period beginning on the date of the enactment of this Act; and

(B) shall not be effective after such period.

(2) NOTIFICATION OF HOLDERS.—Not later than 60 days after the date of the enactment of this Act, the Secretary shall notify all persons that hold such an exemption that it will expire as provided in paragraph (1).

(e) Clerical amendment.—The analysis for chapter 81 of the title 46, United States Code, is amended by adding at the end the following:

“8108. Exemptions from manning and crew requirements.”.

SEC. 601. 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 State, local, or Tribal offense.

“(46) ‘sexual harassment’ means—

“(A) conduct that—

“(i) involves unwelcome sexual advances, requests for sexual favors, or deliberate or repeated offensive comments or gestures of a sexual nature if any—

“(I) submission to such conduct is made either explicitly or implicitly a term or condition of employment, pay, career, benefits, or entitlements of the individual;

“(II) submission to, or rejection, of such conduct by an individual is used as a basis for decisions affecting that individual’s job, pay, career, benefits, or entitlements;

“(III) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creates an intimidating, hostile, or offensive work environment; or

“(IV) conduct may have been by an individual’s supervisor, a supervisor in another area, a co-worker, or another credentialed mariner; and

“(ii) is so severe or pervasive that a reasonable person would perceive, and the victim does perceive, the environment as hostile or offensive;

“(B) any use or condonation associated with first-hand or personal knowledge, by any individual in a supervisory or command position, of any form of sexual behavior to control, influence, or affect the career, pay, benefits, entitlements, or employment of a subordinate; and

“(C) any deliberate or repeated unwelcome verbal comment or gesture of a sexual nature by any fellow employee of the complainant.”.

(b) Report.—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 any changes the Commandant may propose to the definitions added by the amendments in subsection (a).

SEC. 602. 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:

“§ 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 chapter 109A of title 18, except for subsection (b) of section 2244 of title 18, or a substantially similar State, local, or Tribal offense.

“(b) Abusive sexual contact.—A license, certificate of registry, or merchant mariner’s document authorized to be issued under this part may be denied to an individual who within 5 years before applying for the license, certificate, or document, has been convicted of a sexual offense prohibited under subsection (b) of section 2244 of title 18, or a substantially similar State, local, or Tribal offense.”.

(b) Clerical amendment.—The analysis for chapter 75 of title 46, United States Code, is amended by adding at the end the following:

“7511. Convicted sex offender as grounds for denial.”.

SEC. 603. 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:

“§ 7704a. Sexual harassment or sexual assault as grounds for suspension or revocation

“(a) Sexual harassment.—If it is shown at a hearing under this chapter that a holder of a license, certificate of registry, or merchant mariner’s document issued under this part, within 5 years before the beginning of the suspension and revocation proceedings, is the subject of an official finding of sexual harassment, then the license, certificate of registry, or merchant mariner’s document may be suspended or revoked.

“(b) Sexual assault.—If it is shown at a hearing under this chapter that a holder of a license, certificate of registry, or merchant mariner’s document issued under this part, within 10 years before the beginning of the suspension and revocation proceedings, is the subject of an official finding of sexual assault, then the license, certificate of registry, or merchant mariner’s document shall be revoked.

“(c) Official finding.—

“(1) IN GENERAL.—In this section, the term ‘official finding’ means—

“(A) a legal proceeding or agency finding or decision that determines the individual committed sexual harassment or sexual assault in violation of any Federal, State, local, or Tribal law or regulation; or

“(B) a determination after an investigation by the Coast Guard that, by a preponderance of the evidence, the individual committed sexual harassment or sexual assault if the investigation affords appropriate due process rights to the subject of the investigation.

“(2) INVESTIGATION BY THE COAST GUARD.—An investigation by the Coast Guard under paragraph (1)(B) shall include, at a minimum, evaluation of the following materials that, upon request, shall be provided to the Coast Guard:

“(A) Any inquiry or determination made by the employer or former employer of the individual as to whether the individual committed sexual harassment or sexual assault.

“(B) Any investigative materials, documents, records, or files in the possession of an employer or former employer of the individual that are related to the claim of sexual harassment or sexual assault by the individual.

“(3) ADMINISTRATIVE LAW JUDGE REVIEW.—

“(A) COAST GUARD INVESTIGATION.—A determination under paragraph (1)(B) shall be reviewed and affirmed by an administrative law judge within the same proceeding as any suspension or revocation of a license, certificate of registry, or merchant mariner’s document under subsection (a) or (b).

“(B) LEGAL PROCEEDING.—A determination under paragraph (1)(A) that an individual committed sexual harassment or sexual assault is conclusive in suspension and revocation proceedings.”.

(b) Clerical amendment.—The chapter analysis of chapter 77 of title 46, United States Code, is amended by inserting after the item relating to section 7704 the following:

“7704a. Sexual harassment or sexual assault as grounds for suspension or revocation. ”.

SEC. 604. 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 contact information, website address, and mobile application to the Coast Guard Investigative Services for reporting of crimes and the Coast Guard National Command Center;

“(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. 605. Protection against discrimination.

Section 2114(a)(1) of title 46, United States Code, is amended—

(1) by redesignating subparagraphs (B) through (G) as subparagraphs (C) through (H), respectively; and

(2) by inserting after subparagraph (A) the following:

“(B) the seaman in good faith has reported or is about to report to the vessel owner, Coast Guard or other appropriate Federal agency or department sexual harassment or sexual assault against the seaman or knowledge of sexual harassment or sexual assault against another seaman;”.

SEC. 606. Alcohol prohibition.

(a) Regulations.—

(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall, taking into account the safety and security of every individual on documented vessels, issue such regulations as are necessary relating to alcohol consumption on documented vessels, according to the following requirements:

(A) The Secretary shall determine safe levels of alcohol consumption by crewmembers aboard documented vessels engaged in commercial service.

(B) If the Secretary determines there is no alcohol policy that can be implemented to ensure a safe environment for crew and passengers, the Secretary shall implement a prohibition on possession and consumption of alcohol by crewmembers while aboard a vessel, except when possession is associated with the commercial sale or gift to non-crew members aboard the vessel.

(C) To the extent a policy establishes safe levels of alcohol consumption in accordance with subparagraph (A), such policy shall not supersede a vessel owner’s discretion to further limit or prohibit alcohol on its vessels.

(2) IMMUNITY FROM CIVIL LIABILITY.—Any crewmember who reports an incident of sexual assault or sexual harassment that is directly related to a violation of the regulations issued under paragraph (1) is immune from civil liability for any related violation of such regulations.

SEC. 607. Surveillance requirements.

(a) In general.—Part B of subtitle II of title 46, United States Code, is amended by adding at the end the following:

“CHAPTER 49—OCEANGOING NON-PASSENGER COMMERCIAL VESSELS

“Sec.
“4901. Surveillance requirements.

“§ 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 persons on board—

“(A) is on a voyage of at least 600 miles and crosses seaward of the Boundary Line; or

“(B) is 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 persons on board that are operating for no less than 72 hours on waters superjacent to the Outer Continental Shelf.

“(c) Placement of video and audio surveillance equipment.—

“(1) IN GENERAL.—The owner of a vessel to which this section applies shall install video and audio surveillance equipment aboard the vessel not later than 2 years after enactment of the Don Young Coast Guard Authorization Act of 2022, or during the next scheduled drydock, whichever is later.

“(2) LOCATIONS.—Video and audio surveillance equipment shall be placed in passageways on to which doors from staterooms open. Such equipment shall be placed in a manner ensuring the visibility of every door in each such passageway.

“(d) Notice of video and audio surveillance.—The owner of a vessel to which this section applies shall provide clear and conspicuous signs on board the vessel notifying the crew of the presence of video and audio surveillance equipment.

“(e) Access to video and audio records.—

“(1) IN GENERAL.—The owner of a vessel to which this section applies shall provide to any Federal, state, or other law enforcement official performing official duties in the course and scope of a criminal or marine safety investigation, upon request, a copy of all records of video and audio surveillance that the official believes is relevant to the investigation.

“(2) CIVIL ACTIONS.—Except as proscribed by law enforcement authorities or court order, the owner of a vessel to which this section applies shall, upon written request, provide to any individual or the individual’s legal representative a copy of all records of video and audio surveillance—

“(A) in which the individual is a subject of the video and audio surveillance;

“(B) the request is in conjunction with a legal proceeding or investigation; and

“(C) that may provide evidence of any sexual harassment or sexual assault incident in a civil action.

“(3) LIMITED ACCESS.—The owner of a vessel to which this section applies shall ensure that access to records of video and audio surveillance is limited to the purposes described in this paragraph and not used as part of a labor action against a crew member or employment dispute unless used in a criminal or civil action.

“(f) Retention requirements.—The owner of a vessel to which this section applies shall retain all records of audio and video surveillance for not less than 150 days 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 4 years from the date of the alleged incident. The Federal Bureau of Investigation and the Coast Guard are authorized access to all records of video and audio surveillance relevant to an investigation into criminal conduct.

“(g) Definition.—In this section, the term ‘owner’ means the owner, charterer, managing operator, master, or other individual in charge of a vessel.

“(h) Exemption.—Fishing vessels, fish processing vessels, and fish tender vessels are exempt from this section.”.

(b) Clerical amendment.—The table of chapters for subtitle II of title 46, United States Code, is amended by adding after the item related to chapter 47 the following:

“49. Oceangoing Non-Passenger Commercial Vessels 4901”.

SEC. 608. Master key control.

(a) In general.—Chapter 31 of title 46, United States Code, is amended by adding at the end the following:

“§ 3106. Master key control system

“(a) In general.—The owner of a vessel subject to inspection under section 3301 shall—

“(1) ensure that such vessel is equipped with a vessel master key control system, manual or electronic, which provides controlled access to all copies of the vessel’s master key of which access shall only be available to the individuals described in paragraph (2);

“(2) establish a list of all crew, identified by position, allowed to access and use the master key and maintain such list upon the vessel, within owner records and included in the vessel safety management system;

“(3) record in a log book information on all access and use of the vessel’s master key, including—

“(A) dates and times of access;

“(B) the room or location accessed; and

“(C) the name and rank of the crew member that used the master key; and

“(4) make the list under paragraph (2) and the log book under paragraph (3) available upon request to any agent of the Federal Bureau of Investigation, any member of the Coast Guard, and any law enforcement officer performing official duties in the course and scope of an investigation.

“(b) Prohibited use.—Crew not included on the list described in subsection (a)(2) shall not have access to or use the master key unless in an emergency and shall immediately notify the master and owner of the vessel following use of such key.

“(c) Requirements for log book.—The log book described in subsection (a)(3) and required to be included in a safety management system under section 3203(a)(6)—

“(1) may be electronic; and

“(2) shall be located in a centralized location that is readily accessible to law enforcement personnel.

“(d) Penalty.—Any crew member who uses the master key without having been granted access pursuant to subsection (a)(2) shall be liable to the United States Government for a civil penalty of not more than $1,000 and may be subject to suspension or revocation under section 7703.

“(e) Exemption.—This section shall not apply to vessels subject to section 3507(f).”.

(b) Clerical amendment.—The analysis for chapter 31 of title 46, United States Code, is amended by adding at the end the following:

“3106. Master key control system.”.

SEC. 609. Safety management systems.

Section 3203 of title 46, United States Code, is amended—

(1) in subsection (a)—

(A) by redesignating paragraphs (5) and (6) as paragraphs (7) and (8); 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 shipboard personnel on—

“(A) prevention;

“(B) bystander intervention;

“(C) reporting;

“(D) response; and

“(E) investigation;

“(6) the log book required under section 3106;”;

(2) by redesignating subsections (b) and (c) as subsections (c) and (d), 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.”.

SEC. 610. 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 crew member.—

“(1) IN GENERAL.—A crew member of a documented vessel shall report to the Secretary any complaint or incident of sexual harassment or sexual assault of which the crewmember has first-hand or personal knowledge.

“(2) PENALTY.—A crew member with first-hand or personal knowledge of a sexual assault or sexual harassment incident on a documented vessel who knowingly fails to report in compliance with paragraph (a)(1) is liable to the United States Government for a civil penalty of not more than $5,000.

“(3) AMNESTY.—A crew member who fails to make the required reporting under paragraph (1) shall not be subject to the penalty described in paragraph (2) if—

“(A) the crew member is the victim of such sexual assault or sexual harassment incident;

“(B) the complaint is shared in confidence with the crew member directly from the victim; or

“(C) the crew member is a victim advocate as defined in section 40002(a) of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12291(a)).

“(b) Mandatory reporting by vessel owner.—

“(1) IN GENERAL.—A vessel owner or managing operator of a documented vessel or the employer of a seafarer on that vessel shall report to the Secretary any complaint or incident of harassment, sexual harassment, or sexual assault in violation of employer policy or law, of which such vessel owner or managing operator of a vessel engaged in commercial service, or the employer of the seafarer is made aware. Such reporting shall include results of any investigation into the incident, if applicable, and any action taken against the offending crewmember.

“(2) PENALTY.—A vessel owner or managing operator of a vessel engaged in commercial service, or the employer of a seafarer on that vessel who knowingly fails to report in compliance with paragraph (1) is liable to the United States Government for a civil penalty of not more than $25,000.

“(c) Reporting procedures.—

“(1) CREW MEMBER REPORTING.—A report required under subsection (a)—

“(A) with respect to a crew member, shall be made as soon as practicable, but no later than 10 days after the crew member develops first-hand or personal knowledge of the sexual assault or sexual harassment incident to the Coast Guard National Command Center by the fastest telecommunication channel available; and

“(B) with respect to a master, shall be made immediately after the master develops first-hand or personal knowledge of a sexual assault incident to the Coast Guard National Command Center by the fastest telecommunication channel available.

“(2) VESSEL OWNER REPORTING.—A report required under subsection (b) shall be made immediately after the vessel owner, managing operator, or employer of the seafarer gains knowledge of a sexual assault or sexual harassment incident by the fastest telecommunication channel available, and such report shall be made to the Coast Guard National Command Center and to—

“(A) the nearest Coast Guard Captain of the Port; or

“(B) the appropriate officer or agency of the government of the country in whose waters the incident occurs.

“(3) CONTENTS.—A report required under subsections (a) and (b) shall include, to the best of the reporter’s knowledge—

“(A) the name, official position or role in relation to the vessel, and contact information of the individual making the report;

“(B) the name and official number of the documented vessel;

“(C) the time and date of the incident;

“(D) the geographic position or location of the vessel when the incident occurred; and

“(E) a brief description of the alleged sexual harassment or sexual assault being reported.

“(4) INFORMATION COLLECTION.—After receipt of the report made under this subsection, the Coast Guard will collect information related to the identity of each alleged victim, alleged perpetrator, and witness through means designed to protect, to the extent practicable, the personal identifiable information of such individuals.

“(d) Regulations.—The requirements of this section are effective as of the date of enactment of the Don Young Coast Guard Authorization Act of 2022. The Secretary may issue additional regulations to implement the requirements of this section.”.

SEC. 611. Civil actions for personal injury or death of seamen.

(a) Personal injury to or death of seamen.—Section 30104(a) of title 46, United States Code, as so designated by section 505(a)(1), is amended by inserting “, including an injury resulting from sexual assault or sexual harassment,” after “in the course of employment”.

(b) Time limit on bringing maritime action.—Section 30106 of title 46, United States Code, is amended—

(1) in the section heading by striking “for personal injury or death”;

(2) by striking “Except as otherwise” and inserting the following:

“(a) In general.—Except as otherwise”; and

(3) by adding at the end the following:

“(b) Extension for sexual offense.—A civil action under subsection (a) arising out of a maritime tort for a claim of sexual harassment or sexual assault shall be brought not more than 5 years after the cause of action for a claim of sexual harassment or sexual assault arose.”.

(c) Clerical amendment.—The analysis for chapter 301 of title 46, United States Code, is amended by striking the item related to section 30106 and inserting the following:

“30106. Time limit on bringing maritime action.”.

SEC. 612. Administration of sexual assault forensic examination kits.

(a) In general.—Chapter 5 of title 14, United States Code, is amended by adding at the end the following:

“§ 564. Administration of sexual assault forensic examination kits

“(a) Requirement.—A Coast Guard vessel that embarks on a covered voyage shall be—

“(1) equipped with no less than 2 sexual assault and forensic examination kits; and

“(2) staffed with at least 1 medical professional qualified and trained to administer such kits.

“(b) Covered voyage defined.—In this section, the term ‘covered voyage’ means a prescheduled voyage of a Coast Guard vessel that, at any point during such voyage—

“(1) would require the vessel to travel 5 consecutive days or longer at 20 knots per hour to reach a land-based or afloat medical facility; and

“(2) aeromedical evacuation will be unavailable during the travel period referenced in paragraph (1).”.

(b) Clerical amendment.—The table of sections for chapter 5 of title 14, United States Code, is amended by adding at the end the following:

“564. Administration of sexual assault forensic examination kits.”.

SEC. 701. 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. 702. Transportation worker identification credential technical amendments.

(a) In general.—Section 70105 of title 46, United States Code, is amended—

(1) in the section heading by striking “security cards” and inserting “worker identification credentials”;

(2) by striking “transportation security card” each place it appears and inserting “transportation worker identification credential”;

(3) by striking “transportation security cards” each place it appears and inserting “transportation worker identification credentials”;

(4) by striking “card” each place it appears and inserting “credential”

(5) in the heading for subsection (b) by striking “cards” and inserting “credentials”;

(6) in subsection (g), by striking “Assistant Secretary of Homeland Security for” and inserting “Administrator of”;

(7) by striking subsection (i) and redesignating subsections (j) and (k) as subsections (i) and (j), respectively;

(8) by striking subsection (l) and redesignating subsections (m) through (q) as subsections (k) through (o), respectively;

(9) in subsection (j), as so redesignated—

(A) in the subsection heading by striking “security card” and inserting “worker identification credential”; and

(B) in the heading for paragraph (2) by striking “security cards” and inserting “worker identification credential”;

(10) in subsection (k)(1), as so redesignated, by striking “subsection (k)(3)” and inserting “subsection (j)(3)”; and

(11) in subsection (o), as so redesignated—

(A) in the subsection heading by striking “security card” and inserting “worker identification credential”;

(B) in paragraph (1)—

(i) by striking “subsection (k)(3)” and inserting “subsection (j)(3)”; and

(ii) by striking “This plan shall” and inserting “Such receipt and activation shall”; and

(C) in paragraph (2) by striking “on-site activation capability” and inserting “on-site receipt and activation of transportation worker identification credentials”.

(b) Clerical amendment.—The analysis for chapter 701 of title 46, United States Code, is amended by striking the item related to section 70105 and inserting the following:

“70105. Transportation worker identification credentials.”.

SEC. 703. 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 enactment of section 8507(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283); and

(2) redesignated as the sole text of section 12 of the Act of June 21, 1940 (33 U.S.C. 522).

(b) Effective date.—The provision reinstated by subsection (a) shall be treated as if such section 8507(b) had never taken effect.

(c) Conforming amendment.—The provision reinstated under subsection (a) is amended by striking “, except to the extent provided in this section”.

SECTION 1. Short title; table of contents.

(a) Short title.—This Act may be cited as the “Financial Transparency Act of 2022”.

(b) Table of contents.—The table of contents for this Act is as follows:

DIVISION H—FINANCIAL TRANSPARENCY

Sec. 1. Short title; table of contents.
Sec. 2. Deeming.

TITLE I—DEPARTMENT OF THE TREASURY

Sec. 101. Data standards.
Sec. 102. Open data publication by the Department of the Treasury.
Sec. 103. Rulemaking.
Sec. 104. No new disclosure requirements.
Sec. 105. Report.

TITLE II—SECURITIES AND EXCHANGE COMMISSION

Sec. 201. Data standards requirements for the Securities and Exchange Commission.
Sec. 202. Open data publication by the Securities and Exchange Commission.
Sec. 203. Data transparency at the Municipal Securities Rulemaking Board.
Sec. 204. Data transparency at national securities associations.
Sec. 205. Shorter-term burden reduction and disclosure simplification at the Securities and Exchange Commission; sunset.
Sec. 206. No new disclosure requirements.

TITLE III—FEDERAL DEPOSIT INSURANCE CORPORATION

Sec. 301. Data standards requirements for the Federal Deposit Insurance Corporation.
Sec. 302. Open data publication by the Federal Deposit Insurance Corporation.
Sec. 303. Rulemaking.
Sec. 304. No new disclosure requirements.

TITLE IV—OFFICE OF THE COMPTROLLER OF THE CURRENCY

Sec. 401. Data standards and open data publication requirements for the Office of the Comptroller of the Currency.
Sec. 402. Rulemaking.
Sec. 403. No new disclosure requirements.

TITLE V—BUREAU OF CONSUMER FINANCIAL PROTECTION

Sec. 501. Data standards and open data publication requirements for the Bureau of Consumer Financial Protection.
Sec. 502. Rulemaking.
Sec. 503. No new disclosure requirements.

TITLE VI—FEDERAL RESERVE SYSTEM

Sec. 601. Data standards requirements for the Board of Governors of the Federal Reserve System.
Sec. 602. Open data publication by the Board of Governors of the Federal Reserve System.
Sec. 603. Rulemaking.
Sec. 604. No new disclosure requirements.

TITLE VII—NATIONAL CREDIT UNION ADMINISTRATION

Sec. 701. Data standards.
Sec. 702. Open data publication by the National Credit Union Administration.
Sec. 703. Rulemaking.
Sec. 704. No new disclosure requirements.

TITLE VIII—FEDERAL HOUSING FINANCE AGENCY

Sec. 801. Data standards requirements for the Federal Housing Finance Agency.
Sec. 802. Open data publication by the Federal Housing Finance Agency.
Sec. 803. Rulemaking.
Sec. 804. No new disclosure requirements.

TITLE IX—MISCELLANEOUS

Sec. 901. Rules of construction.
Sec. 902. Classified and protected information.
Sec. 903. Discretionary surplus fund.

SEC. 2. Deeming.

Any reference in this division to “this Act” shall be deemed a reference to “this division”.

SEC. 101. Data standards.

(a) In general.—Subtitle A of title I of the Financial Stability Act of 2010 (12 U.S.C. 5311 et seq.) is amended by adding at the end the following:

“SEC. 124. Data standards.

“(a) In general.—The Secretary of the Treasury shall, by rule, promulgate data standards, meaning a standard that specifies rules by which data is described and recorded, for the information reported to member agencies by financial entities under the jurisdiction of the member agency and the data collected from member agencies on behalf of the Council.

“(b) Standardization.—Member agencies, in consultation with the Secretary of the Treasury, shall implement regulations promulgated by the Secretary of the Treasury under subsection (a) to standardize data reported to member agencies or collected on behalf of the Council, as described under subsection (a).

“(c) Data standards.—

“(1) COMMON IDENTIFIERS.—The data standards promulgated under subsection (a) shall include common identifiers for information reported to member agencies or collected on behalf of the Council. The common identifiers shall include a common nonproprietary legal entity identifier that is available under an open license (as defined under section 3502 of title 44, United States Code) for all entities required to report to member agencies.

“(2) DATA STANDARD.—The data standards promulgated under subsection (a) shall, to the extent practicable—

“(A) render data fully searchable and machine-readable (as defined under section 3502 of title 44, United States Code);

“(B) enable high quality data through schemas, with accompanying metadata (as defined under section 3502 of title 44, United States Code) documented in machine-readable taxonomy or ontology models, which clearly define the data’s semantic meaning as defined by the underlying regulatory information collection requirements;

“(C) assure 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;

“(D) be nonproprietary or made available under an open license;

“(E) incorporate standards developed and maintained by voluntary consensus standards bodies; and

“(F) use, be consistent with, and implement applicable accounting and reporting principles.

“(3) CONSULTATION.—In promulgating data standards under subsection (a), the Secretary of the Treasury shall consult with the member agencies and with other Federal departments and agencies and multi-agency initiatives responsible for Federal data standards.

“(4) INTEROPERABILITY OF DATA.—In promulgating data standards under subsection (a), the Secretary of the Treasury shall seek to promote interoperability of financial regulatory data across members of the Council.

“(d) Member agencies defined.—In this section, the term ‘member agencies’ does not include the Commodity Futures Trading Commission.”.

(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. 102. Open data publication by the Department of the Treasury.

Section 124 of the Financial Stability Act of 2010, as added by section 101, is amended by adding at the end the following:

“(e) Open data publication.—All public information published by the Secretary of the Treasury under this subtitle shall be made available as an open Government data asset (as defined under section 3502 of title 44, United States Code), freely available for download in bulk, and rendered in a human-readable format and accessible via application programming interface where appropriate.”.

SEC. 103. Rulemaking.

Not later than the end of the 2-year period beginning on the date of the enactment of this Act, the Secretary of the Treasury shall issue the regulations required under the amendments made by this title. The Secretary may delegate the functions required under the amendments made by this title to an appropriate office within the Department of the Treasury.

SEC. 104. No new disclosure requirements.

Nothing in this title or the amendments made by this title shall be construed to require the Secretary of the Treasury to collect or make publicly available additional information under the statutes amended by this title, beyond information that was collected or made publicly available under such statutes before the date of the enactment of this Act.

SEC. 105. Report.

Not later than 1 year after the end of the 2-year period described in section 103, 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 Act to arrive at a Federal Government-wide regulatory compliance standardization mechanism similar to Standard Business Reporting.

SEC. 201. Data standards requirements for the Securities and Exchange Commission.

(a) Data standards for investment advisers’ reports under the Investment Advisers Act of 1940.—Section 204 of the Investment Advisers Act of 1940 (15 U.S.C. 80b–4) is amended—

(1) by redesignating the second subsection (d) (relating to Records of Persons With Custody of Use) as subsection (e); and

(2) by adding at the end the following:

“(f) Data standards for reports filed under this section.—

“(1) REQUIREMENT.—The Commission shall, by rule, adopt data standards for all reports filed by investment advisers with the Commission under this section.

“(2) CHARACTERISTICS.—The data standards required by paragraph (1) shall, to the extent practicable—

“(A) render data fully searchable and machine-readable (as defined under section 3502 of title 44, United States Code);

“(D) be nonproprietary or made available under an open license (as defined under section 3502 of title 44, United States Code);

“(E) incorporate standards developed and maintained by voluntary consensus standards bodies; and

“(F) use, be consistent with, and implement applicable accounting and reporting principles.

“(3) INCORPORATION OF STANDARDS.—In adopting data standards by rule under this subsection, the Commission shall incorporate all applicable data standards promulgated by the Secretary of the Treasury.”.

(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, by adding at the end the following:

“(g) Data standards for registration statements.—

“(1) REQUIREMENT.—The Commission shall, by rule, adopt data standards for all registration statements required to be filed with the Commission under this section, except that the Commission may exempt exhibits, signatures, and certifications from such data standards.

“(2) CHARACTERISTICS.—The data standards required by paragraph (1) shall, to the extent practicable—

“(A) render data fully searchable and machine-readable (as defined under section 3502 of title 44, United States Code);

“(D) be nonproprietary or made available under an open license (as defined under section 3502 of title 44, United States Code);

“(E) incorporate standards developed and maintained by voluntary consensus standards bodies; and

“(F) use, be consistent with, and implement applicable accounting and reporting principles.

(2) in section 30, by adding at the end the following:

“(k) Data standards for reports.—

“(1) REQUIREMENT.—The Commission shall, by rule, adopt data standards for all reports required to be filed with the Commission under this section, except that the Commission may exempt exhibits, signatures, and certifications from such data standards.

“(2) CHARACTERISTICS.—The data standards required by paragraph (1) shall, to the extent practicable—

“(A) render data fully searchable and machine-readable (as defined under section 3502 of title 44, United States Code);

“(D) be nonproprietary or made available under an open license (as defined under section 3502 of title 44, United States Code);

“(E) incorporate standards developed and maintained by voluntary consensus standards bodies; and

“(F) use, be consistent with, and implement applicable accounting and reporting principles.

(c) Data standards for information required To be submitted or published by nationally recognized statistical rating organizations.—Section 15E of the Securities Exchange Act of 1934 (15 U.S.C. 78o–7) is amended by adding at the end the following:

“(w) Data standards for information required To be submitted or published under this section.—

“(1) REQUIREMENT.—The Commission shall, by rule, adopt data standards for all information required to be submitted or published by a nationally recognized statistical rating organization under this section.

“(2) CHARACTERISTICS.—The data standards required by paragraph (1) shall, to the extent practicable—

“(A) render data fully searchable and machine-readable (as defined under section 3502 of title 44, United States Code);

“(D) be nonproprietary or made available under an open license (as defined under section 3502 of title 44, United States Code);

“(E) incorporate standards developed and maintained by voluntary consensus standards bodies; and

“(F) use, be consistent with, and implement applicable accounting and reporting principles.

(d) Data standards for asset-Backed securities disclosures.—Section 7(c) of the Securities Act of 1933 (15 U.S.C. 77g(c)) is amended by adding at the end the following:

“(3) DATA STANDARDS FOR ASSET-BACKED SECURITIES DISCLOSURES.—

“(A) REQUIREMENT.—The Commission shall, by rule, adopt data standards for all disclosures required under this subsection.

“(B) CHARACTERISTICS.—The data standards required by subparagraph (A) shall, to the extent practicable—

“(i) render data fully searchable and machine-readable (as defined under section 3502 of title 44, United States Code);

“(ii) enable high quality data through schemas, with accompanying metadata (as defined under section 3502 of title 44, United States Code) documented in machine-readable taxonomy or ontology models, which clearly define the data’s semantic meaning as defined by the underlying regulatory information collection requirements;

“(iii) assure 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 (as defined under section 3502 of title 44, United States Code);

“(v) incorporate standards developed and maintained by voluntary consensus standards bodies; and

“(vi) use, be consistent with, and implement applicable accounting and reporting principles.

“(C) INCORPORATION OF STANDARDS.—In adopting data standards by rule under this paragraph, the Commission shall incorporate all applicable data standards promulgated by the Secretary of the Treasury.”.

(e) Data standards for corporate disclosures under the Securities Act of 1933.—Section 7 of the Securities Act of 1933 (15 U.S.C. 77g) is amended by adding at the end the following:

“(e) Data standards.—

“(1) 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 such data standards.

“(2) CHARACTERISTICS.—The data standards required by paragraph (1) shall, to the extent practicable—

“(A) render data fully searchable and machine-readable (as defined under section 3502 of title 44, United States Code);

“(D) be nonproprietary or made available under an open license (as defined under section 3502 of title 44, United States Code);

“(E) incorporate standards developed and maintained by voluntary consensus standards bodies; and

“(F) use, be consistent with, and implement applicable accounting and reporting principles.

(f) Data standards for periodic and current corporate disclosures under the Securities Exchange Act of 1934.—Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following:

“(s) Data standards.—

“(1) REQUIREMENT.—The Commission shall, by rule, adopt data standards for all information contained in 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 such data standards.

“(2) CHARACTERISTICS.—The data standards required by paragraph (1) shall, to the extent practicable—

“(A) render data fully searchable and machine-readable (as defined under section 3502 of title 44, United States Code);

“(D) be nonproprietary or made available under an open license (as defined under section 3502 of title 44, United States Code);

“(E) incorporate standards developed and maintained by voluntary consensus standards bodies; and

“(F) use, be consistent with, and implement applicable accounting and reporting principles.

(g) Data standards for corporate proxy and consent solicitation materials under the Securities Exchange Act of 1934.—Section 14 of the Securities Exchange Act of 1934 (15 U.S.C. 78n) is amended by adding at the end the following:

“(k) Data standards for proxy and consent solicitation materials.—

“(1) REQUIREMENT.—The Commission shall, by rule, adopt data standards for all information contained in any proxy or consent solicitation material prepared by an issuer for an annual meeting of the shareholders of the issuer, except that the Commission may exempt exhibits, signatures, and certifications from such data standards.

“(2) CHARACTERISTICS.—The data standards required by paragraph (1) shall, to the extent practicable—

“(A) render data fully searchable and machine-readable (as defined under section 3502 of title 44, United States Code);

“(D) be nonproprietary or made available under an open license (as defined under section 3502 of title 44, United States Code);

“(E) incorporate standards developed and maintained by voluntary consensus standards bodies; and

“(F) use, be consistent with, and implement applicable accounting and reporting principles.

(h) Data standards for security-Based swap reporting.—Section 15F of the Securities Exchange Act of 1934 (15 U.S.C. 78o–10) is amended by adding at the end the following:

“(m) Data standards for security-Based swap reporting.—

“(1) REQUIREMENT.—The Commission shall, by rule, adopt data standards for all reports related to security-based swaps that are required under this Act.

“(2) CHARACTERISTICS.—The data standards required by paragraph (1) shall, to the extent practicable—

“(A) render data fully searchable and machine-readable (as defined under section 3502 of title 44, United States Code);

“(D) be nonproprietary or made available under an open license (as defined under section 3502 of title 44, United States Code);

“(E) incorporate standards developed and maintained by voluntary consensus standards bodies; and

“(F) use, be consistent with, and implement applicable accounting and reporting principles.

(i) Rulemaking.—

(1) IN GENERAL.—Not later than the end of the 2-year period beginning on the date the final rule is promulgated pursuant to section 124(a) of the Financial Stability Act of 2010, the Securities and Exchange Commission shall issue the regulations required under the amendments made by this section.

(2) SCALING OF REGULATORY REQUIREMENTS.—In issuing the regulations required under the amendments made by this section, the Securities and Exchange Commission 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 the study required under section 205(c), while still providing searchable information to investors.

(3) MINIMIZING DISRUPTION.—In issuing the regulations required under the amendments made by this section, the Securities and Exchange Commission shall seek to minimize disruptive changes to the persons affected by such regulations.

SEC. 202. 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 information published by the Commission under the securities laws and the Dodd-Frank Wall Street Reform and Consumer Protection Act shall be made available as an open Government data asset (as defined under section 3502 of title 44, United States Code), freely available for download in bulk and rendered in a human-readable format and accessible via application programming interface where appropriate.”.

SEC. 203. Data transparency at the Municipal Securities Rulemaking Board.

(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) Data standards.—

“(A) REQUIREMENT.—If the Board establishes information systems under paragraph (3), the Board shall adopt data standards for information submitted via such systems.

“(B) CHARACTERISTICS.—The data standards required by subparagraph (A) shall, to the extent practicable—

“(i) render data fully searchable and machine-readable (as defined under section 3502 of title 44, United States Code);

“(iv) be nonproprietary or made available under an open license (as defined under section 3502 of title 44, United States Code);

“(v) incorporate standards developed and maintained by voluntary consensus standards bodies; and

“(vi) use, be consistent with, and implement applicable accounting and reporting principles.

“(C) INCORPORATION OF STANDARDS.—In adopting data standards under this paragraph, the Board shall incorporate all applicable data standards promulgated by the Secretary of the Treasury.”.

(b) Rulemaking.—

(1) IN GENERAL.—Not later than the end of the 2-year period beginning on the date the final rule is promulgated pursuant to section 124(a) of the Financial Stability Act of 2010, the Municipal Securities Rulemaking Board shall issue the regulations required under the amendments made by this section.

(2) SCALING OF REGULATORY REQUIREMENTS.—In issuing the regulations required under the amendments made by this section, the Municipal Securities Rulemaking Board may scale data reporting requirements in order to reduce any unjustified burden on smaller regulated entities.

(3) MINIMIZING DISRUPTION.—In issuing the regulations required under the amendments made by this section, the Municipal Securities Rulemaking Board shall seek to minimize disruptive changes to the persons affected by such regulations.

SEC. 204. 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) CHARACTERISTICS.—The data standards required by paragraph (1) shall, to the extent practicable—

“(A) render data fully searchable and machine-readable (as defined under section 3502 of title 44, United States Code);

“(D) be nonproprietary or made available under an open license (as defined under section 3502 of title 44, United States Code);

“(E) incorporate standards developed and maintained by voluntary consensus standards bodies; and

“(F) use, be consistent with, and implement applicable accounting and reporting principles.

“(3) INCORPORATION OF STANDARDS.—In adopting data standards under this subsection, the association shall incorporate all applicable data standards promulgated by the Secretary of the Treasury.”.

(b) Rulemaking.—

(1) IN GENERAL.—Not later than the end of the 2-year period beginning on the date the final rule is promulgated pursuant to section 124(a) of the Financial Stability Act of 2010, a national securities association shall adopt the standards required under the amendments made by this section.

(2) SCALING OF REGULATORY REQUIREMENTS.—In adopting the standards required under the amendments made by this section, a national securities association may scale data reporting requirements in order to reduce any unjustified burden on smaller regulated entities.

(3) MINIMIZING DISRUPTION.—In adopting the standards required under the amendments made by this section, a national securities association shall seek to minimize disruptive changes to the persons affected by such standards.

SEC. 205. 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.—Within six months after the date of the enactment of this Act, the Commission shall establish a program to improve the quality of corporate financial data filed or furnished by issuers under the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Company Act of 1940. The program shall include the following:

(A) The designation of an official in the Office of the Chairman responsible for the improvement of the quality of data filed with or furnished to the Commission by issuers.

(B) The issuance by the Division of Corporation Finance of comment letters requiring correction of errors in data filings and submissions, where necessary.

(2) GOALS.—In establishing the program under this section, the 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 six months after the date of the enactment of this Act, and every six months thereafter, the Commission shall issue a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on the public and internal use of machine-readable data for corporate disclosures.

(2) CONTENT.—Each report required under paragraph (1) shall include—

(A) an identification of which corporate disclosures required under section 7 of the Securities Act of 1933, section 13 of the Securities Exchange Act of 1934, or section 14 of the Securities Exchange Act of 1934 are expressed as machine-readable data and which are not;

(B) an analysis of the costs and benefits of the use of machine-readable data in corporate disclosure to investors, markets, the Commission, and issuers;

(C) a summary of enforcement actions that result from the use or analysis of machine-readable data collected under section 7 of the Securities Act of 1933, section 13 of the Securities Exchange Act of 1934, or section 14 of the Securities Exchange Act of 1934; and

(D) an analysis of how the Commission is itself using the machine-readable data collected by the Commission.

(c) Sunset.—On and after the end of the 7-year period beginning on the date of the enactment of this Act, this section shall have no force or effect.

SEC. 206. No new disclosure requirements.

Nothing in this title or the amendments made by this title shall be construed to require the Securities and Exchange Commission, the Municipal Securities Rulemaking Board, or a national securities association to collect or make publicly available additional information under the statutes amended by this title, beyond information that was collected or made publicly available under such statutes before the date of the enactment of this Act.

SEC. 301. Data standards requirements for the Federal Deposit Insurance Corporation.

The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is amended by adding at the end the following:

“SEC. 52. Data standards.

“(a) Requirement.—The Corporation shall, by rule, adopt data standards for all information that the Corporation receives 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.

“(b) Characteristics.—The data standards required by subsection (a) shall, to the extent practicable—

“(1) render data fully searchable and machine-readable (as defined under section 3502 of title 44, United States Code);

“(2) enable high quality data through schemas, with accompanying metadata (as defined under section 3502 of title 44, United States Code) documented in machine-readable taxonomy or ontology models, which clearly define the data’s semantic meaning as defined by the underlying regulatory information collection requirements;

“(3) assure 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;

“(4) be nonproprietary or made available under an open license (as defined under section 3502 of title 44, United States Code);

“(5) incorporate standards developed and maintained by voluntary consensus standards bodies; and

“(6) use, be consistent with, and implement applicable accounting and reporting principles.

“(c) Incorporation of standards.—In adopting data standards by rule under this section, the Corporation shall incorporate all applicable data standards promulgated by the Secretary of the Treasury.

“(d) Financial company defined.—For purposes of this section, the term ‘financial company’ has the meaning given that term under section 201(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5381(a)).”.

SEC. 302. 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 301, is further amended by adding at the end the following:

“SEC. 53. Open data publication.

“All public information published by the Corporation under this Act or under the Dodd-Frank Wall Street Reform and Consumer Protection Act shall be made available as an open Government data asset (as defined under section 3502 of title 44, United States Code), freely available for download in bulk and rendered in a human-readable format and accessible via application programming interface where appropriate.”.

SEC. 303. Rulemaking.

(a) In general.—Not later than the end of the 2-year period beginning on the date the final rule is promulgated pursuant to section 124(a) of the Financial Stability Act of 2010, the Federal Deposit Insurance Corporation shall issue the regulations required under the amendments made by this title.

(b) Scaling of regulatory requirements.—In issuing the regulations required under the amendments made by this title, the Federal Deposit Insurance Corporation may scale data reporting requirements in order to reduce any unjustified burden on smaller regulated entities.

(c) Minimizing disruption.—In issuing the regulations required under the amendments made by this title, the Federal Deposit Insurance Corporation shall seek to minimize disruptive changes to the persons affected by such regulations.

SEC. 304. No new disclosure requirements.

Nothing in this title or the amendments made by this title shall be construed to require the Federal Deposit Insurance Corporation to collect or make publicly available additional information under the statutes amended by this title, beyond information that was collected or made publicly available under such statutes before the date of the enactment of this Act.

SEC. 401. Data standards and open data publication requirements for the Office of the Comptroller of the Currency.

The Revised Statutes of the United States is amended by inserting after section 332 (12 U.S.C. 14) the following:

“SEC. 333. Data standards; Open data publication.

“(a) Data standards.—

“(1) REQUIREMENT.—The Comptroller of the Currency shall, by rule, adopt data standards for all information that is 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 under section 3 of the Federal Deposit Insurance Act).

“(2) CHARACTERISTICS.—The data standards required by paragraph (1) shall, to the extent practicable—

“(A) render data fully searchable and machine-readable (as defined under section 3502 of title 44, United States Code);

“(D) be nonproprietary or made available under an open license (as defined under section 3502 of title 44, United States Code);

“(E) incorporate standards developed and maintained by voluntary consensus standards bodies; and

“(F) use, be consistent with, and implement applicable accounting and reporting principles.

“(3) INCORPORATION OF STANDARDS.—In adopting data standards by rule under this subsection, the Comptroller of the Currency shall incorporate all applicable data standards promulgated by the Secretary of the Treasury.

“(b) Open data publication.—All public information published by the Comptroller of the Currency under title LXII or the Dodd-Frank Wall Street Reform and Consumer Protection Act shall be made available as an open Government data asset (as defined under section 3502 of title 44, United States Code), freely available for download in bulk and rendered in a human-readable format and accessible via application programming interface where appropriate.”.

SEC. 402. Rulemaking.

(a) In general.—Not later than the end of the 2-year period beginning on the date the final rule is promulgated pursuant to section 124(a) of the Financial Stability Act of 2010, the Comptroller of the Currency shall issue the regulations required under the amendments made by this title.

(b) Scaling of regulatory requirements.—In issuing the regulations required under the amendments made by this title, the Comptroller of the Currency may scale data reporting requirements in order to reduce any unjustified burden on smaller regulated entities.

(c) Minimizing disruption.—In issuing the regulations required under the amendments made by this title, the Comptroller of the Currency shall seek to minimize disruptive changes to the persons affected by such regulations.

SEC. 403. No new disclosure requirements.

Nothing in this title or the amendments made by this title shall be construed to require the Comptroller of the Currency to collect or make publicly available additional information under the statutes amended by this title, beyond information that was collected or made publicly available under such statutes before the date of the enactment of this Act.

SEC. 501. Data standards and open data publication requirements for the Bureau of Consumer Financial Protection.

(a) In general.—The Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 et seq.) is amended by inserting after section 1018 the following:

“SEC. 1019. Data standards.

“(a) Requirement.—The Bureau shall, by rule, adopt data standards for all information that is regularly filed with or submitted to the Bureau.

“(b) Characteristics.—The data standards required by subsection (a) shall, to the extent practicable—

“(1) render data fully searchable and machine-readable (as defined under section 3502 of title 44, United States Code);

“(4) be nonproprietary or made available under an open license (as defined under section 3502 of title 44, United States Code);

“(5) incorporate standards developed and maintained by voluntary consensus standards bodies; and

“(6) use, be consistent with, and implement applicable accounting and reporting principles.

“(c) Incorporation of standards.—In adopting data standards by rule under this section, the Bureau shall incorporate all applicable data standards promulgated by the Secretary of the Treasury.

“SEC. 1020. Open data publication.

“All public information published by the Bureau shall be made available as an open Government data asset (as defined under section 3502 of title 44, United States Code), freely available for download in bulk and rendered in a human-readable format and accessible via application programming interface where appropriate.”.

“Sec. 1019. Data standards.
“Sec. 1020. Open data publication.”.

SEC. 502. Rulemaking.

(a) In general.—Not later than the end of the 2-year period beginning on the date the final rule is promulgated pursuant to section 124(a) of the Financial Stability Act of 2010, the Bureau of Consumer Financial Protection shall issue the regulations required under the amendments made by this title.

(b) Scaling of regulatory requirements.—In issuing the regulations required under the amendments made by this title, the Bureau of Consumer Financial Protection may scale data reporting requirements in order to reduce any unjustified burden on smaller regulated entities.

(c) Minimizing disruption.—In issuing the regulations required under the amendments made by this title, the Bureau of Consumer Financial Protection shall seek to minimize disruptive changes to the persons affected by such regulations.

SEC. 503. No new disclosure requirements.

Nothing in this title or the amendments made by this title shall be construed to require the Bureau of Consumer Financial Protection to collect or make publicly available additional information under the statutes amended by this title, beyond information that was collected or made publicly available under such statutes before the date of the enactment of this Act.

SEC. 601. 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 financial data that is regularly filed with or submitted to the Board of Governors by any nonbank financial company supervised by the Board of Governors pursuant to this subsection.

“(B) CHARACTERISTICS.—The data standards required by this section shall, to the extent practicable—

“(i) render data fully searchable and machine-readable (as defined under section 3502 of title 44, United States Code);

“(iv) be nonproprietary or made available under an open license (as defined under section 3502 of title 44, United States Code);

“(v) incorporate standards developed and maintained by voluntary consensus standards bodies; and

“(vi) use, be consistent with, and implement applicable accounting and reporting principles.

“(C) INCORPORATION OF STANDARDS.—In adopting data standards by rule under this paragraph, the Board of Governors shall incorporate all applicable data standards promulgated by the Secretary of the Treasury.”.

(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 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) CHARACTERISTICS.—The data standards required by this subsection shall, to the extent practicable—

“(A) render data fully searchable and machine-readable (as defined under section 3502 of title 44, United States Code);

“(D) be nonproprietary or made available under an open license (as defined under section 3502 of title 44, United States Code);

“(E) incorporate standards developed and maintained by voluntary consensus standards bodies; and

“(F) use, be consistent with, and implement applicable accounting and reporting principles.

“(3) INCORPORATION OF STANDARDS.—In adopting data standards by rule under this section, the Board of Governors shall incorporate all applicable data standards promulgated by the Secretary of the Treasury.”.

(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 is regularly filed with or submitted to the Board by any bank holding company in a report under subsection (c).

“(2) CHARACTERISTICS.—The data standards required by this subsection shall, to the extent practicable—

“(A) render data fully searchable and machine-readable (as defined under section 3502 of title 44, United States Code);

“(D) be nonproprietary or made available under an open license (as defined under section 3502 of title 44, United States Code);

“(E) incorporate standards developed and maintained by voluntary consensus standards bodies; and

“(F) use, be consistent with, and implement applicable accounting and reporting principles.

“(3) INCORPORATION OF STANDARDS.—In adopting data standards under this subsection, the Board shall incorporate all applicable data standards promulgated by the Secretary of the Treasury.”.

(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 is regularly filed with or submitted to the Board by any financial market utility or financial institution under subsection (a) or (b).

“(2) CHARACTERISTICS.—The data standards required by this subsection shall, to the extent practicable—

“(A) render data fully searchable and machine-readable (as defined under section 3502 of title 44, United States Code);

“(D) be nonproprietary or made available under an open license (as defined under section 3502 of title 44, United States Code);

“(E) incorporate standards developed and maintained by voluntary consensus standards bodies; and

“(F) use, be consistent with, and implement applicable accounting and reporting principles.

“(3) INCORPORATION OF STANDARDS.—In adopting data standards under this subsection, the Board of Governors shall incorporate all applicable data standards promulgated by the Secretary of the Treasury.”.

SEC. 602. Open data publication by the Board of Governors of the Federal Reserve System.

The Federal Reserve Act (12 U.S.C. 226 et seq.) is amended by adding at the end the following:

“SEC. 32. Open data publication by the Board of Governors.

“All public information published by the Board of Governors under this Act, the Bank Holding Company Act of 1956, the Financial Stability Act of 2010, the Home Owners’ Loan Act, the Payment, Clearing, and Settlement Supervision Act of 2010, or the Enhancing Financial Institution Safety and Soundness Act of 2010 shall be made available as an open Government data asset (as defined under section 3502 of title 44, United States Code), freely available for download in bulk and rendered in a human-readable format and accessible via application programming interface where appropriate.”.

SEC. 603. Rulemaking.

(a) In general.—Not later than the end of the 2-year period beginning on the date the final rule is promulgated pursuant to section 124(a) of the Financial Stability Act of 2010, the Board of Governors of the Federal Reserve System shall issue the regulations required under the amendments made by this title.

(b) Scaling of regulatory requirements.—In issuing the regulations required under the amendments made by this title, the Board of Governors of the Federal Reserve System may scale data reporting requirements in order to reduce any unjustified burden on smaller regulated entities.

(c) Minimizing disruption.—In issuing the regulations required under the amendments made by this title, the Board of Governors of the Federal Reserve System shall seek to minimize disruptive changes to the persons affected by such regulations.

SEC. 604. No new disclosure requirements.

Nothing in this title or the amendments made by this title shall be construed to require the Board of Governors of the Federal Reserve System to collect or make publicly available additional information under the statutes amended by this title, beyond information that was collected or made publicly available under such statutes before the date of the enactment of this Act.

SEC. 701. Data standards.

Title I of the Federal Credit Union Act (12 U.S.C. 1752 et seq.) is amended by adding at the end the following:

“SEC. 132. Data standards.

“(a) Requirement.—The Board shall, by rule, adopt data standards for all information and reports regularly filed with or submitted to the Administration under this Act.

“(b) Characteristics.—The data standards required by subsection (a) shall, to the extent practicable—

“(1) render data fully searchable and machine-readable (as defined under section 3502 of title 44, United States Code);

“(4) be nonproprietary or made available under an open license (as defined under section 3502 of title 44, United States Code);

“(5) incorporate standards developed and maintained by voluntary consensus standards bodies; and

“(6) use, be consistent with, and implement applicable accounting and reporting principles.

“(c) Incorporation of standards.—In adopting data standards by rule under this section, the Board shall incorporate all applicable data standards promulgated by the Secretary of the Treasury.”.

SEC. 702. 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 801, is further amended by adding at the end the following:

“SEC. 133. Open data publication.

“All public information published by the Administration under this title shall be made available as an open Government data asset (as defined under section 3502 of title 44, United States Code), freely available for download in bulk and rendered in a human-readable format and accessible via application programming interface where appropriate.”.

SEC. 703. Rulemaking.

(a) In general.—Not later than the end of the 2-year period beginning on the date the final rule is promulgated pursuant to section 124(a) of the Financial Stability Act of 2010, the National Credit Union Administration Board shall issue the regulations required under the amendments made by this title.

(b) Scaling of regulatory requirements.—In issuing the regulations required under the amendments made by this title, the National Credit Union Administration Board may scale data reporting requirements in order to reduce any unjustified burden on smaller regulated entities.

(c) Minimizing disruption.—In issuing the regulations required under the amendments made by this title, the National Credit Union Administration Board shall seek to minimize disruptive changes to the persons affected by such regulations.

SEC. 704. No new disclosure requirements.

Nothing in this title or the amendments made by this title shall be construed to require the National Credit Union Administration Board to collect or make publicly available additional information under the statutes amended by this title, beyond information that was collected or made publicly available under such statutes before the date of the enactment of this Act.

SEC. 801. 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. 4501 et seq.) is amended by adding at the end the following:

“SEC. 1319H. Data standards.

“(a) Requirement.—The Agency shall, by rule, adopt data standards for all information that is regularly filed with or submitted to the Agency under this Act.

“(b) Characteristics.—The data standards required by subsection (a) shall, to the extent practicable—

“(1) render data fully searchable and machine-readable (as defined under section 3502 of title 44, United States Code);

“(4) be nonproprietary or made available under an open license (as defined under section 3502 of title 44, United States Code);

“(5) incorporate standards developed and maintained by voluntary consensus standards bodies; and

“(6) use, be consistent with, and implement applicable accounting and reporting principles.

“(c) Incorporation of standards.—In adopting data standards by rule under this section, the Agency shall incorporate all applicable data standards promulgated by the Secretary of the Treasury.”.

SEC. 802. 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. 4501 et seq.), as amended by section 901, is further amended by adding at the end the following:

“SEC. 1319I. Open data publication.

“All public information published by the Agency under this Act shall be made available as an open Government data asset (as defined under section 3502 of title 44, United States Code), freely available for download in bulk and rendered in a human-readable format and accessible via application programming interface where appropriate.”.

SEC. 803. Rulemaking.

(a) In general.—Not later than the end of the 2-year period beginning on the date the final rule is promulgated pursuant to section 124(a) of the Financial Stability Act of 2010, the Federal Housing Finance Agency shall issue the regulations required under the amendments made by this title.

(b) Minimizing disruption.—In issuing the regulations required under the amendments made by this title, the Federal Housing Finance Agency shall seek to minimize disruptive changes to the persons affected by such regulations.

SEC. 804. No new disclosure requirements.

Nothing in this title or the amendments made by this title shall be construed to require the Federal Housing Finance Agency to collect or make publicly available additional information under the statutes amended by this title, beyond information that was collected or made publicly available under such statutes before the date of the enactment of this Act.

SEC. 901. Rules of construction.

(a) No effect on intellectual property.—Nothing in this Act or the amendments made by this Act may be construed to alter the existing legal protections of copyrighted material or other intellectual property rights of any non-Federal person.

(b) No effect on monetary policy.—Nothing in this Act or the amendments made by this Act may be construed to apply to activities conducted, or data standards used, exclusively in connection with a 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 regulations.—Nothing in this Act or the amendments made by this Act may be construed to—

(1) require Federal agencies to incorporate identical data standards to those promulgated by the Secretary of the Treasury; or

(2) prohibit Federal agencies from tailoring such standards when issuing rules under this Act and the amendments made by this Act to adopt data standards.

SEC. 902. Classified and protected information.

(a) In general.—Nothing in this Act or the amendments made by this Act 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 section 552a of title 5, United States Code (commonly known as the “Privacy Act of 1974”), or section 6103 of the Internal Revenue Code of 1986.

(b) Existing agency regulations.—Nothing in this Act or the amendments made by this Act 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 Bureau of Consumer Financial Protection, the Board of Governors of the Federal Reserve System, the National Credit Union Administration Board, or the Federal Housing Finance Agency to amend existing regulations and procedures regarding the sharing and disclosure of nonpublic information, including confidential supervisory information.

SEC. 903. Discretionary surplus fund.

(a) In general.—The dollar amount specified under section 7(a)(3)(A) of the Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is reduced by $137,000,000.

(b) Effective date.—The amendment made by subsection (a) shall take effect on September 30, 2022.

SECTION 1. Short title; table of contents.

(a) Short title.—This division may be cited as the “Protecting America’s Wilderness Act”.

(b) Table of contents.—The table of contents for this division is as follows:

Sec. 1. Short title; table of contents.

TITLE I—COLORADO WILDERNESS

Sec. 101. Short title; definition.
Sec. 102. Additions to National Wilderness Preservation System in the State of Colorado.
Sec. 103. Administrative provisions.
Sec. 104. Water.
Sec. 105. Sense of Congress.
Sec. 106. Department of defense study on impacts that the expansion of wilderness designations in the western united states would have on the readiness of the armed forces of the united states with respect to aviation training.

TITLE II—NORTHWEST CALIFORNIA WILDERNESS, RECREATION, AND WORKING FORESTS

Sec. 201. Short title.
Sec. 202. Definitions.

Subtitle A—Restoration and economic development

Sec. 211. South Fork Trinity-Mad River Restoration Area.
Sec. 212. Redwood National and State Parks restoration.
Sec. 213. California Public Lands Remediation Partnership.
Sec. 214. Trinity Lake visitor center.
Sec. 215. Del Norte County visitor center.
Sec. 216. Management plans.
Sec. 217. Study; partnerships related to overnight accommodations.

Subtitle B—Recreation

Sec. 221. Horse Mountain Special Management Area.
Sec. 222. Bigfoot National Recreation Trail.
Sec. 223. Elk Camp Ridge Recreation Trail.
Sec. 224. Trinity Lake Trail.
Sec. 225. Trails study.
Sec. 226. Construction of mountain bicycling routes.
Sec. 227. Partnerships.

Subtitle C—Conservation

Sec. 231. Designation of wilderness.
Sec. 232. Administration of wilderness.
Sec. 233. Designation of potential wilderness.
Sec. 234. Designation of wild and scenic rivers.
Sec. 235. Sanhedrin Special Conservation Management Area.

Subtitle D—Miscellaneous

Sec. 241. Maps and legal descriptions.
Sec. 242. Updates to land and resource management plans.
Sec. 243. Pacific Gas and Electric Company Utility facilities and rights-of-way.

TITLE III—CENTRAL COAST HERITAGE PROTECTION

Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Designation of wilderness.
Sec. 304. Designation of the Machesna Mountain Potential Wilderness.
Sec. 305. Administration of wilderness.
Sec. 306. Designation of Wild and Scenic Rivers.
Sec. 307. Designation of the Fox Mountain Potential Wilderness.
Sec. 308. Designation of scenic areas.
Sec. 309. Condor National Scenic Trail.
Sec. 310. Forest service study.
Sec. 311. Nonmotorized recreation opportunities.
Sec. 312. Use by members of Tribes.

TITLE IV—SAN GABRIEL MOUNTAINS FOOTHILLS AND RIVERS PROTECTION

Sec. 401. Short title.
Sec. 402. Definition of State.

Subtitle A—San gabriel national recreation area

Sec. 411. Purposes.
Sec. 412. Definitions.
Sec. 413. San Gabriel National Recreation Area.
Sec. 414. Management.
Sec. 415. Acquisition of non-Federal land within Recreation Area.
Sec. 416. Water rights; water resource facilities; public roads; utility facilities.
Sec. 417. San Gabriel National Recreation Area Public Advisory Council.
Sec. 418. San Gabriel National Recreation Area Partnership.
Sec. 419. Visitor services and facilities.

Subtitle B—San gabriel mountains

Sec. 421. Definitions.
Sec. 422. National monument boundary modification.
Sec. 423. Designation of Wilderness Areas and Additions.
Sec. 424. Administration of Wilderness Areas and Additions.
Sec. 425. Designation of Wild and Scenic Rivers.
Sec. 426. Water rights.

TITLE V—RIM OF THE VALLEY CORRIDOR PRESERVATION

Sec. 501. Short title.
Sec. 502. Boundary adjustment; land acquisition; administration.

TITLE VI—WILD OLYMPICS WILDERNESS AND WILD AND SCENIC RIVERS

Sec. 601. Short title.
Sec. 602. Designation of olympic national forest wilderness areas.
Sec. 603. Wild and scenic river designations.
Sec. 604. Existing rights and withdrawal.
Sec. 605. Treaty rights.

TITLE VII—CERRO DE LA OLLA WILDERNESS ESTABLISHMENT

Sec. 701. Designation of Cerro de la Olla Wilderness.

TITLE VIII—STUDY ON FLOOD RISK MITIGATION

Sec. 801. Study on Flood Risk Mitigation.

TITLE IX—MISCELLANEOUS

Sec. 901. Promoting health and wellness for veterans and servicemembers.
Sec. 902. Fire, insects, and diseases.
Sec. 903. Military activities.

SEC. 101. Short title; definition.

(a) Short title.—This title may be cited as the “Colorado Wilderness Act of 2020”.

(b) Secretary defined.—As used in this title, the term “Secretary” means the Secretary of the Interior or the Secretary of Agriculture, as appropriate.

SEC. 102. Additions to National Wilderness Preservation System in the State of Colorado.

(a) Additions.—Section 2(a) of the Colorado Wilderness Act of 1993 (Public Law 103–77; 107 Stat. 756; 16 U.S.C. 1132 note) is amended by adding at the end the following paragraphs:

“(23) Certain lands managed by the Colorado River Valley Field Office of the Bureau of Land Management, which comprise approximately 316 acres, as generally depicted on a map titled ‘Maroon Bells Addition Proposed Wilderness’, dated July 20, 2018, which is hereby incorporated in and shall be deemed to be a part of the Maroon Bells-Snowmass Wilderness Area designated by Public Law 88–577.

“(24) Certain lands managed by the Gunnison Field Office of the Bureau of Land Management, which comprise approximately 38,217 acres, as generally depicted on a map titled ‘Redcloud & Handies Peak Proposed Wilderness’, dated October 9, 2019, which shall be known as the Redcloud Peak Wilderness.

“(25) Certain lands managed by the Gunnison Field Office of the Bureau of Land Management or located in the Grand Mesa, Uncompahgre, and Gunnison National Forests, which comprise approximately 26,734 acres, as generally depicted on a map titled ‘Redcloud & Handies Peak Proposed Wilderness’, dated October 9, 2019, which shall be known as the Handies Peak Wilderness.

“(26) Certain lands managed by the Royal Gorge Field Office of the Bureau of Land Management, which comprise approximately 16,481 acres, as generally depicted on a map titled ‘Table Mountain & McIntyre Hills Proposed Wilderness’, dated November 7, 2019, which shall be known as the McIntyre Hills Wilderness.

“(27) Certain lands managed by the Colorado River Valley Field Office of the Bureau of Land Management, which comprise approximately 10,282 acres, as generally depicted on a map titled ‘Grand Hogback Proposed Wilderness’, dated October 16, 2019, which shall be known as the Grand Hogback Wilderness.

“(28) Certain lands managed by the Grand Junction Field Office of the Bureau of Land Management, which comprise approximately 25,624 acres, as generally depicted on a map titled ‘Demaree Canyon Proposed Wilderness’, dated October 9, 2019, which shall be known as the Demaree Canyon Wilderness.

“(29) Certain lands managed by the Grand Junction Field Office of the Bureau of Land Management, which comprise approximately 28,279 acres, as generally depicted on a map titled ‘Little Books Cliff Proposed Wilderness’, dated October 9, 2019, which shall be known as the Little Bookcliffs Wilderness.

“(30) Certain lands managed by the Colorado River Valley Field Office of the Bureau of Land Management, which comprise approximately 14,886 acres, as generally depicted on a map titled ‘Bull Gulch & Castle Peak Proposed Wilderness’, dated January 29, 2020, which shall be known as the Bull Gulch Wilderness.

“(31) Certain lands managed by the Colorado River Valley Field Office of the Bureau of Land Management, which comprise approximately 12,016 acres, as generally depicted on a map titled ‘Bull Gulch & Castle Peak Proposed Wilderness Areas’, dated January 29, 2020, which shall be known as the Castle Peak Wilderness.”.

(b) Further additions.—The following lands in the State of Colorado administered by the Bureau of Land Management or the United States Forest Service are hereby designated as wilderness and, therefore, as components of the National Wilderness Preservation System:

(1) Certain lands managed by the Colorado River Valley Field Office of the Bureau of Land Management or located in the White River National Forest, which comprise approximately 19,240 acres, as generally depicted on a map titled “Assignation Ridge Proposed Wilderness”, dated November 12, 2019, which shall be known as the Assignation Ridge Wilderness.

(2) Certain lands managed by the Royal Gorge Field Office of the Bureau of Land Management or located in the Pike and San Isabel National Forests, which comprise approximately 23,116 acres, as generally depicted on a map titled “Badger Creek Proposed Wilderness”, dated November 7, 2019, which shall be known as the Badger Creek Wilderness.

(3) Certain lands managed by the Royal Gorge Field Office of the Bureau of Land Management or located in the Pike and San Isabel National Forests, which comprise approximately 35,251 acres, as generally depicted on a map titled “Beaver Creek Proposed Wilderness”, dated November 7, 2019, which shall be known as the Beaver Creek Wilderness.

(4) Certain lands managed by the Royal Gorge Field Office of the Bureau of Land Management or the Bureau of Reclamation or located in the Pike and San Isabel National Forests, which comprise approximately 32,884 acres, as generally depicted on a map titled “Grape Creek Proposed Wilderness”, dated November 7, 2019, which shall be known as the Grape Creek Wilderness.

(5) Certain lands managed by the Grand Junction Field Office of the Bureau of Land Management, which comprise approximately 13,351 acres, as generally depicted on a map titled “North & South Bangs Canyon Proposed Wilderness”, dated October 9, 2019, which shall be known as the North Bangs Canyon Wilderness.

(6) Certain lands managed by the Grand Junction Field Office of the Bureau of Land Management, which comprise approximately 5,144 acres, as generally depicted on a map titled “North & South Bangs Canyon Proposed Wilderness”, dated October 9, 2019, which shall be known as the South Bangs Canyon Wilderness.

(7) Certain lands managed by the Grand Junction Field Office of the Bureau of Land Management, which comprise approximately 26,624 acres, as generally depicted on a map titled “Unaweep & Palisade Proposed Wilderness”, dated October 9, 2019, which shall be known as The Palisade Wilderness.

(8) Certain lands managed by the Grand Junction Field Office of the Bureau of Land Management or located in the Grand Mesa, Uncompaghre, and Gunnison National Forests, which comprise approximately 19,776 acres, as generally depicted on a map titled “Unaweep & Palisade Proposed Wilderness”, dated October 9, 2019, which shall be known as the Unaweep Wilderness.

(9) Certain lands managed by the Grand Junction Field Office of the Bureau of Land Management and Uncompaghre Field Office of the Bureau of Land Management and in the Manti-LaSal National Forest, which comprise approximately 37,637 acres, as generally depicted on a map titled “Sewemup Mesa Proposed Wilderness”, dated November 7, 2019, which shall be known as the Sewemup Mesa Wilderness.

(10) Certain lands managed by the Kremmling Field Office of the Bureau of Land Management, which comprise approximately 31 acres, as generally depicted on a map titled “Platte River Addition Proposed Wilderness”, dated July 20, 2018, and which are hereby incorporated in and shall be deemed to be part of the Platte River Wilderness designated by Public Law 98–550.

(11) Certain lands managed by the Uncompahgre Field Office of the Bureau of Land Management, which comprise approximately 17,587 acres, as generally depicted on a map titled “Roubideau Proposed Wilderness”, dated October 9, 2019, which shall be known as the Roubideau Wilderness.

(12) Certain lands managed by the Uncompahgre Field Office of the Bureau of Land Management or located in the Grand Mesa, Uncompaghre, and Gunnison National Forests, which comprise approximately 12,102 acres, as generally depicted on a map titled “Norwood Canyon Proposed Wilderness”, dated November 7, 2019, which shall be known as the Norwood Canyon Wilderness.

(13) Certain lands managed by the Tres Rios Field Office of the Bureau of Land Management, which comprise approximately 24,475 acres, as generally depicted on a map titled “Papoose & Cross Canyon Proposed Wilderness”, and dated January 29, 2020, which shall be known as the Cross Canyon Wilderness.

(14) Certain lands managed by the Tres Rios Field Office of the Bureau of Land Management, which comprise approximately 21,220 acres, as generally depicted on a map titled “McKenna Peak Proposed Wilderness”, dated October 16, 2019, which shall be known as the McKenna Peak Wilderness.

(15) Certain lands managed by the Tres Rios Field Office of the Bureau of Land Management, which comprise approximately 14,270 acres, as generally depicted on a map titled “Weber-Menefee Mountain Proposed Wilderness”, dated October 9, 2019, which shall be known as the Weber-Menefee Mountain Wilderness.

(16) Certain lands managed by the Uncompahgre and Tres Rios Field Offices of the Bureau of Land Management or the Bureau of Reclamation, which comprise approximately 33,351 acres, as generally depicted on a map titled “Dolores River Canyon Proposed Wilderness”, dated November 7, 2019, which shall be known as the Dolores River Canyon Wilderness.

(17) Certain lands managed by the Royal Gorge Field Office of the Bureau of Land Management or located in the Pike and San Isabel National Forests, which comprise approximately 17,922 acres, as generally depicted on a map titled “Browns Canyon Proposed Wilderness”, dated October 9, 2019, which shall be known as the Browns Canyon Wilderness.

(18) Certain lands managed by the San Luis Field Office of the Bureau of Land Management, which comprise approximately 10,527 acres, as generally depicted on a map titled “San Luis Hills Proposed Wilderness”, dated October 9, 2019 which shall be known as the San Luis Hills Wilderness.

(19) Certain lands managed by the Royal Gorge Field Office of the Bureau of Land Management, which comprise approximately 23,559 acres, as generally depicted on a map titled “Table Mountain & McIntyre Hills Proposed Wilderness”, dated November 7, 2019, which shall be known as the Table Mountain Wilderness.

(20) Certain lands managed by the Tres Rios Field Office of the Bureau of Land Management or located in the San Juan National Forest, which comprise approximately 10,844 acres, as generally depicted on a map titled “North & South Ponderosa Gorge Proposed Wilderness”, and dated January 31, 2020, which shall be known as the North Ponderosa Gorge Wilderness.

(21) Certain lands managed by the Tres Rios Field Office of the Bureau of Land Management or located in the San Juan National Forest, which comprise approximately 12,393 acres, as generally depicted on a map titled “North & South Ponderosa Gorge Proposed Wilderness”, and dated January 31, 2020 which shall be known as the South Ponderosa Gorge Wilderness.

(22) Certain lands managed by the Little Snake Field Office of the Bureau of Land Management which comprise approximately 33,168 acres, as generally depicted on a map titled “Diamond Breaks Proposed Wilderness”, and dated January 31, 2020 which shall be known as the Diamond Breaks Wilderness.

(23) Certain lands managed by the Tres Rios Field Office of the Bureau of Land Management which comprises approximately 4,782 acres, as generally depicted on the map titled “Papoose & Cross Canyon Proposed Wilderness””, and dated January 29, 2020 which shall be known as the Papoose Canyon Wilderness.

(c) West elk addition.—Certain lands in the State of Colorado administered by the Gunnison Field Office of the Bureau of Land Management, the United States National Park Service, and the Bureau of Reclamation, which comprise approximately 6,695 acres, as generally depicted on a map titled “West Elk Addition Proposed Wilderness”, dated October 9, 2019, are hereby designated as wilderness and, therefore, as components of the National Wilderness Preservation System and are hereby incorporated in and shall be deemed to be a part of the West Elk Wilderness designated by Public Law 88–577. The boundary adjacent to Blue Mesa Reservoir shall be 50 feet landward from the water’s edge, and shall change according to the water level.

(d) Blue mesa reservoir.—If the Bureau of Reclamation determines that lands within the West Elk Wilderness Addition are necessary for future expansion of the Blue Mesa Reservoir, the Secretary shall by publication of a revised boundary description in the Federal Register revise the boundary of the West Elk Wilderness Addition.

(e) Maps and descriptions.—As soon as practicable after the date of enactment of the Act, the Secretary shall file a map and a boundary description of each area designated as wilderness by this section with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. Each map and boundary description shall have the same force and effect as if included in this title, except that the Secretary may correct clerical and typographical errors in the map or boundary description. The maps and boundary descriptions shall be on file and available for public inspection in the Office of the Director of the Bureau of Land Management, Department of the Interior, and in the Office of the Chief of the Forest Service, Department of Agriculture, as appropriate.

(f) State and private lands.—Lands within the exterior boundaries of any wilderness area designated under this section that are owned by a private entity or by the State of Colorado, including lands administered by the Colorado State Land Board, shall be included within such wilderness area if such lands are acquired by the United States. Such lands may be acquired by the United States only as provided in the Wilderness Act (16 U.S.C. 1131 et seq.).

SEC. 103. Administrative provisions.

(a) In general.—Subject to valid existing rights, lands designated as wilderness by this title shall be managed by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this title, except that, with respect to any wilderness areas designated by this title, any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act.

(b) Grazing.—Grazing of livestock in wilderness areas designated by this title shall be administered in accordance with the provisions of section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)), as further interpreted by section 108 of Public Law 96–560, and the guidelines set forth in appendix A of House Report 101–405 of the 101st Congress.

(c) State jurisdiction.—As provided in section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title shall be construed as affecting the jurisdiction or responsibilities of the State of Colorado with respect to wildlife and fish in Colorado.

(d) Buffer zones.—

(1) IN GENERAL.—Nothing in this title creates a protective perimeter or buffer zone around any area designated as wilderness by this title.

(2) ACTIVITIES OUTSIDE WILDERNESS.—The fact that an activity or use on land outside the areas designated as wilderness by this title can be seen or heard within the wilderness shall not preclude the activity or use outside the boundary of the wilderness.

(e) Military helicopter overflights and operations.—

(1) IN GENERAL.—Nothing in this title restricts or precludes—

(A) low-level overflights of military helicopters over the areas designated as wilderness by this title, including military overflights that can be seen or heard within any wilderness area;

(B) military flight testing and evaluation;

(C) the designation or creation of new units of special use airspace, or the establishment of military flight training routes over any wilderness area; or

(D) helicopter operations at designated landing zones within the potential wilderness areas established by subsection (i)(1).

(2) AERIAL NAVIGATION TRAINING EXERCISES.—The Colorado Army National Guard, through the High-Altitude Army National Guard Aviation Training Site, may conduct aerial navigation training maneuver exercises over, and associated operations within, the potential wilderness areas designated by this title—

(A) in a manner and degree consistent with the memorandum of understanding dated August 4, 1987, entered into among the Colorado Army National Guard, the Bureau of Land Management, and the Forest Service; or

(B) in a manner consistent with any subsequent memorandum of understanding entered into among the Colorado Army National Guard, the Bureau of Land Management, and the Forest Service.

(f) Running events.—The Secretary may continue to authorize competitive running events currently permitted in the Redcloud Peak Wilderness Area and Handies Peak Wilderness Area in a manner compatible with the preservation of such areas as wilderness.

(g) Land trades.—If the Secretary trades privately owned land within the perimeter of the Redcloud Peak Wilderness Area or the Handies Peak Wilderness Area in exchange for Federal land, then such Federal land shall be located in Hinsdale County, Colorado.

(h) Recreational climbing.—Nothing in this title prohibits recreational rock climbing activities in the wilderness areas, such as the placement, use, and maintenance of fixed anchors, including any fixed anchor established before the date of the enactment of this Act—

(1) in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.); and

(2) subject to any terms and conditions determined to be necessary by the Secretary.

(i) Potential wilderness designations.—

(1) IN GENERAL.—The following lands are designated as potential wilderness areas:

(A) Certain lands managed by the Colorado River Valley Field Office of the Bureau of Land Management, which comprise approximately 7,376 acres, as generally depicted on a map titled “Pisgah East & West Proposed Wilderness” and dated October 16, 2019, which, upon designation as wilderness under paragraph (2), shall be known as the Pisgah East Wilderness.

(B) Certain lands managed by the Colorado River Valley Field Office of the Bureau of Land Management, which comprise approximately 6,828 acres, as generally depicted on a map titled “Pisgah East & West Proposed Wilderness” and dated October 16, 2019, which, upon designation as wilderness under paragraph (2), shall be known as the Pisgah West Wilderness.

(C) Certain lands managed by the Colorado River Valley Field Office of the Bureau of Land Management or located in the White River National Forest, which comprise approximately 16,101 acres, as generally depicted on a map titled “Flat Tops Proposed Wilderness Addition”, dated October 9, 2019, and which, upon designation as wilderness under paragraph (2), shall be incorporated in and shall be deemed to be a part of the Flat Tops Wilderness designated by Public Law 94–146.

(2) DESIGNATION AS WILDERNESS.—Lands designated as a potential wilderness area by subparagraphs (A) through (C) of paragraph (1) shall be designated as wilderness on the date on which the Secretary publishes in the Federal Register a notice that all nonconforming uses of those lands authorized by subsection (e) in the potential wilderness area that would be in violation of the Wilderness Act (16 U.S.C. 1131 et seq.) have ceased. Such publication in the Federal Register and designation as wilderness shall occur for the potential wilderness area as the nonconforming uses cease in that potential wilderness area and designation as wilderness is not dependent on cessation of nonconforming uses in the other potential wilderness area.

(3) MANAGEMENT.—Except for activities provided for under subsection (e), lands designated as a potential wilderness area by paragraph (1) shall be managed by the Secretary in accordance with the Wilderness Act as wilderness pending the designation of such lands as wilderness under this subsection.

SEC. 104. Water.

(a) Effect on water rights.—Nothing in this title—

(1) affects the use or allocation, in existence on the date of enactment of this Act, of any water, water right, or interest in water;

(2) affects any vested absolute or decreed conditional water right in existence on the date of enactment of this Act, including any water right held by the United States;

(3) affects any interstate water compact in existence on the date of enactment of this Act;

(4) authorizes or imposes any new reserved Federal water rights; and

(5) shall be considered to be a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State of Colorado on or before the date of the enactment of this Act.

(b) Midstream areas.—

(1) PURPOSE.—The purpose of this subsection is to protect for the benefit and enjoyment of present and future generations—

(A) the unique and nationally important values of areas designated as wilderness by section 102(b) (including the geological, cultural, archaeological, paleontological, natural, scientific, recreational, environmental, biological, wilderness, wildlife, riparian, historical, educational, and scenic resources of the public land); and

(B) the water resources of area streams, based on seasonally available flows, that are necessary to support aquatic, riparian, and terrestrial species and communities.

(2) WILDERNESS WATER RIGHTS.—

(A) IN GENERAL.—The Secretary shall ensure that any water rights within the wilderness designated by section 102(b) required to fulfill the purposes of such wilderness are secured in accordance with subparagraphs (B) through (G).

(B) STATE LAW.—

(i) PROCEDURAL REQUIREMENTS.—Any water rights for which the Secretary pursues adjudication shall be appropriated, adjudicated, changed, and administered in accordance with the procedural requirements and priority system of State law.

(ii) ESTABLISHMENT OF WATER RIGHTS.—

(I) IN GENERAL.—Except as provided in subclause (II), the purposes and other substantive characteristics of the water rights pursued under this paragraph shall be established in accordance with State law.

(II) EXCEPTION.—Notwithstanding subclause (I) and in accordance with this title, the Secretary may appropriate and seek adjudication of water rights to maintain surface water levels and stream flows on and across the wilderness designated by section 102(b) to fulfill the purposes of such wilderness.

(C) DEADLINE.—The Secretary shall promptly, but not earlier than January 1, 2021, appropriate the water rights required to fulfill the purposes of the wilderness designated by section 102(b).

(D) REQUIRED DETERMINATION.—The Secretary shall not pursue adjudication for any instream flow water rights unless the Secretary makes a determination pursuant to subparagraph (E)(ii) or (F).

(E) COOPERATIVE ENFORCEMENT.—

(i) IN GENERAL.—The Secretary shall not pursue adjudication of any Federal instream flow water rights established under this paragraph if—

(I) the Secretary determines, upon adjudication of the water rights by the Colorado Water Conservation Board, that the Board holds water rights sufficient in priority, amount, and timing to fulfill the purposes of this subsection; and

(II) the Secretary has entered into a perpetual agreement with the Colorado Water Conservation Board to ensure full exercise, protection, and enforcement of the State water rights within the wilderness to reliably fulfill the purposes of this subsection.

(ii) ADJUDICATION.—If the Secretary determines that the provisions of clause (i) have not been met, the Secretary shall adjudicate and exercise any Federal water rights required to fulfill the purposes of the wilderness in accordance with this paragraph.

(F) INSUFFICIENT WATER RIGHTS.—If the Colorado Water Conservation Board modifies the instream flow water rights obtained under subparagraph (E) to such a degree that the Secretary determines that water rights held by the State are insufficient to fulfill the purposes of this title, the Secretary shall adjudicate and exercise Federal water rights required to fulfill the purposes of this title in accordance with subparagraph (B).

(G) FAILURE TO COMPLY.—The Secretary shall promptly act to exercise and enforce the water rights described in subparagraph (E) if the Secretary determines that—

(i) the State is not exercising its water rights consistent with subparagraph (E)(i)(I); or

(ii) the agreement described in subparagraph (E)(i)(II) is not fulfilled or complied with sufficiently to fulfill the purposes of this title.

(3) WATER RESOURCE FACILITY.—Notwithstanding any other provision of law, beginning on the date of enactment of this title, 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 development of any new irrigation and pumping facility, reservoir, water conservation work, aqueduct, canal, ditch, pipeline, well, hydropower project, transmission, other ancillary facility, or other water, diversion, storage, or carriage structure in the wilderness designated by section 102(b).

(1) DEFINITION.—As used in this subsection, 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.

(2) ACCESS TO WATER RESOURCE FACILITIES.—Subject to the provisions of this subsection, the Secretary shall allow reasonable access to water resource facilities in existence on the date of enactment of this Act within the areas described in sections 102(b) and 102(c), including motorized access where necessary and customarily employed on routes existing as of the date of enactment of this Act.

(3) ACCESS ROUTES.—Existing access routes within such areas customarily employed as of the date of enactment of this Act may be used, maintained, repaired, and replaced to the extent necessary to maintain their present function, design, and serviceable operation, so long as such activities have no increased adverse impacts on the resources and values of the areas described in sections 102(b) and 102(c) than existed as of the date of enactment of this Act.

(4) USE OF WATER RESOURCE FACILITIES.—Subject to the provisions of this subsection and subsection (a)(4), the Secretary shall allow water resource facilities existing on the date of enactment of this Act within areas described in sections 102(b) and 102(c) to be used, operated, maintained, repaired, and replaced to the extent necessary for the continued exercise, in accordance with Colorado State law, of vested water rights adjudicated for use in connection with such facilities by a court of competent jurisdiction prior to the date of enactment of this Act. The impact of an existing facility on the water resources and values of the area shall not be increased as a result of changes in the adjudicated type of use of such facility as of the date of enactment of this Act.

(5) REPAIR AND MAINTENANCE.—Water resource facilities, and access routes serving such facilities, existing within the areas described in sections 102(b) and 102(c) on the date of enactment of this Act shall be maintained and repaired when and to the extent necessary to prevent increased adverse impacts on the resources and values of the areas described in sections 102(b) and 102(c).

SEC. 105. Sense of Congress.

It is the sense of Congress that military aviation training on Federal public lands in Colorado, including the training conducted at the High-Altitude Army National Guard Aviation Training Site, is critical to the national security of the United States and the readiness of the Armed Forces.

SEC. 106. Department of defense study on impacts that the expansion of wilderness designations in the western united states would have on the readiness of the armed forces of the united states with respect to aviation training.

(a) Study required.—The Secretary of Defense shall conduct a study on the impacts that the expansion of wilderness designations in the Western United States would have on the readiness of the Armed Forces of the United States with respect to aviation training.

(b) Report.—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 Senate and House of Representatives a report on the study required under subsection (a).

SEC. 201. Short title.

This title may be cited as the “Northwest California Wilderness, Recreation, and Working Forests Act”.

SEC. 202. Definitions.

In this title:

(1) SECRETARY.—The term “Secretary” means—

(A) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and

(B) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior.

(2) STATE.—The term “State” means the State of California.

SEC. 211. South Fork Trinity-Mad River Restoration Area.

(a) Definitions.—In this section:

(1) COLLABORATIVELY DEVELOPED.—The term “collaboratively developed” means projects that are developed and implemented through a collaborative process that—

(A) includes—

(i) appropriate Federal, State, and local agencies; and

(ii) multiple interested persons representing diverse interests; and

(B) is transparent and nonexclusive.

(2) PLANTATION.—The term “plantation” means a forested area that has been artificially established by planting or seeding.

(3) RESTORATION.—The term “restoration” means the process of assisting the recovery of an ecosystem that has been degraded, damaged, or destroyed by establishing the composition, structure, pattern, and ecological processes necessary to facilitate terrestrial and aquatic ecosystem sustainability, resilience, and health under current and future conditions.

(4) RESTORATION AREA.—The term “restoration area” means the South Fork Trinity-Mad River Restoration Area, established by subsection (b).

(5) SHADED FUEL BREAK.—The term “shaded fuel break” means a vegetation treatment that effectively addresses all project-generated slash and that retains: adequate canopy cover to suppress plant regrowth in the forest understory following treatment; the longest lived trees that provide the most shade over the longest period of time; the healthiest and most vigorous trees with the greatest potential for crown-growth in plantations and in natural stands adjacent to plantations; and all mature hardwoods, when practicable.

(6) STEWARDSHIP CONTRACT.—The term “stewardship contract” means an agreement or contract entered into under section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c).

(7) WILDLAND-URBAN INTERFACE.—The term “wildland-urban interface” has the meaning given the term by section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).

(b) Establishment.—Subject to valid existing rights, there is established the South Fork Trinity-Mad River Restoration Area, comprising approximately 729,089 acres of Federal land administered by the Forest Service and approximately 1,280 acres of Federal land administered by the Bureau of Land Management, as generally depicted on the map entitled “South Fork Trinity-Mad River Restoration Area—Proposed” and dated July 3, 2018, to be known as the South Fork Trinity-Mad River Restoration Area.

(1) establish, restore, and maintain fire-resilient forest structures containing late successional forest structure characterized by large trees and multistoried canopies, as ecologically appropriate;

(2) protect late successional reserves;

(3) enhance the restoration of Federal lands within the restoration area;

(4) reduce the threat posed by wildfires to communities within the restoration area;

(5) protect and restore aquatic habitat and anadromous fisheries;

(6) protect the quality of water within the restoration area; and

(7) allow visitors to enjoy the scenic, recreational, natural, cultural, and wildlife values of the restoration area.

(d) Management.—

(1) IN GENERAL.—The Secretary shall manage the restoration area—

(A) in a manner consistent with the purposes described in subsection (c);

(B) in a manner that—

(i) in the case of the Forest Service, prioritizes restoration of the restoration area over other nonemergency vegetation management projects on the portions of the Six Rivers and Shasta-Trinity National Forests in Humboldt and Trinity Counties; and

(ii) in the case of the United States Fish and Wildlife Service, establishes with the Forest Service an agreement for cooperation to ensure timely completion of consultation required by section 7 of the Endangered Species Act (15 U.S.C. 1536) on restoration projects within the restoration area and agreement to maintain and exchange information on planning schedules and priorities on a regular basis;

(i) the laws (including regulations) and rules applicable to the National Forest System for land managed by the Forest Service;

(ii) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) for land managed by the Bureau of Land Management;

(iii) this title; and

(iv) any other applicable law (including regulations); and

(D) in a manner consistent with congressional intent that consultation for restoration projects within the restoration area is completed in a timely and efficient manner.

(2) CONFLICT OF LAWS.—

(A) IN GENERAL.—The establishment of the restoration area shall not change the management status of any land or water that is designated wilderness or as a wild and scenic river, including lands and waters designated by this title.

(B) RESOLUTION OF CONFLICT.—If there is a conflict between the laws applicable to the areas described in subparagraph (A) and this section, the more restrictive provision shall control.

(3) USES.—

(A) IN GENERAL.—The Secretary shall only allow uses of the restoration area that the Secretary determines would further the purposes described in subsection (c).

(B) PRIORITY.—The Secretary shall prioritize restoration activities within the restoration area.

(C) LIMITATION.—Nothing in this section shall limit the Secretary’s ability to plan, approve, or prioritize activities outside of the restoration area.

(4) WILDLAND FIRE.—

(A) IN GENERAL.—Nothing in this section prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the restoration area, consistent with the purposes of this section.

(B) PRIORITY.—The Secretary may use prescribed burning and managed wildland fire to the fullest extent practicable to achieve the purposes of this section.

(5) ROAD DECOMMISSIONING.—

(A) IN GENERAL.—To the extent practicable, the Secretary shall decommission unneeded National Forest System roads identified for decommissioning and unauthorized roads identified for decommissioning within the restoration area—

(i) subject to appropriations;

(ii) consistent with the analysis required by subparts A and B of part 212 of title 36, Code of Federal Regulations; and

(iii) in accordance with existing law.

(B) ADDITIONAL REQUIREMENT.—In making determinations regarding road decommissioning under subparagraph (A), the Secretary shall consult with—

(i) appropriate State, Tribal, and local governmental entities; and

(ii) members of the public.

(i) to reestablish vegetation on a road; and

(ii) to restore any natural drainage, watershed function, or other ecological processes that are disrupted or adversely impacted by the road by removing or hydrologically disconnecting the road prism.

(6) VEGETATION MANAGEMENT.—

(A) IN GENERAL.—Subject to subparagraphs (B), (C), and (D), the Secretary may conduct vegetation management projects in the restoration area only where necessary to—

(i) maintain or restore the characteristics of ecosystem composition and structure;

(ii) reduce wildfire risk to communities by promoting forests that are fire resilient;

(iii) improve the habitat of threatened, endangered, or sensitive species;

(iv) protect or improve water quality; or

(v) enhance the restoration of lands within the restoration area.

(B) ADDITIONAL REQUIREMENTS.—

(i) SHADED FUEL BREAKS.—In carrying out subparagraph (A), the Secretary shall prioritize, as practicable, the establishment of a network of shaded fuel breaks within—

(I) the portions of the wildland-urban interface that are within 150 feet from private property contiguous to Federal land;

(II) 150 feet from any road that is open to motorized vehicles as of the date of enactment of this Act—

(aa) except that, where topography or other conditions require, the Secretary may establish shaded fuel breaks up to 275 feet from a road so long as the combined total width of the shaded fuel breaks for both sides of the road does not exceed 300 feet; and

(bb) provided that the Secretary shall include vegetation treatments within a minimum of 25 feet of the road where practicable, feasible, and appropriate as part of any shaded fuel break; or

(III) 150 feet of any plantation.

(ii) PLANTATIONS; RIPARIAN RESERVES.—The Secretary may undertake vegetation management projects—

(I) in areas within the restoration area in which fish and wildlife habitat is significantly compromised as a result of past management practices (including plantations); and

(II) within designated riparian reserves only where necessary to maintain the integrity of fuel breaks and to enhance fire resilience.

(i) in accordance with—

(I) this section; and

(II) existing law (including regulations);

(ii) after providing an opportunity for public comment; and

(iii) subject to appropriations.

(D) BEST AVAILABLE SCIENCE.—The Secretary shall use the best available science in planning and implementing vegetation management projects within the restoration area.

(7) GRAZING.—

(A) EXISTING GRAZING.—The grazing of livestock in the restoration area, where established before the date of enactment of this Act, shall be permitted to continue—

(i) subject to—

(I) such reasonable regulations, policies, and practices as the Secretary considers necessary; and

(II) applicable law (including regulations); and

(ii) in a manner consistent with the purposes described in subsection (c).

(B) TARGETED NEW GRAZING.—The Secretary may issue annual targeted grazing permits for the grazing of livestock in the restoration area, where not established before the date of the enactment of this Act, to control noxious weeds, aid in the control of wildfire within the wildland-urban interface, or to provide other ecological benefits subject to—

(i) such reasonable regulations, policies, and practices as the Secretary considers necessary; and

(ii) a manner consistent with the purposes described in subsection (c).

(C) BEST AVAILABLE SCIENCE.—The Secretary shall use the best available science when determining whether to issue targeted grazing permits within the restoration area.

(e) Withdrawal.—Subject to valid existing rights, the restoration area is withdrawn from—

(1) all forms of entry, appropriation, and disposal under the public land laws;

(2) location, entry, and patent under the mining laws; and

(3) disposition under all laws relating to mineral and geothermal leasing or mineral materials.

(f) Use of stewardship contracts.—To the maximum extent practicable, the Secretary shall—

(1) use stewardship contracts to implement this section; and

(2) use revenue derived from such stewardship contracts for restoration and other activities within the restoration area which shall include staff and administrative costs to support timely consultation activities for restoration projects.

(g) Collaboration.—In developing and implementing restoration projects in the restoration area, the Secretary shall consult with collaborative groups with an interest in the restoration area.

(h) Environmental review.—A collaboratively developed restoration project within the restoration area may be carried out in accordance with the provisions for hazardous fuel reduction projects set forth in sections 214, 215, and 216 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6514–6516), as applicable.

(i) Multiparty monitoring.—The Secretary of Agriculture shall—

(1) in collaboration with the Secretary of the Interior and interested persons, use a multiparty monitoring, evaluation, and accountability process to assess the positive or negative ecological, social, and economic effects of restoration projects within the restoration area; and

(2) incorporate the monitoring results into the management of the restoration area.

(j) Funding.—The Secretary shall use all existing authorities to secure as much funding as necessary to fulfill the purposes of the restoration area.

(k) Forest residues utilization.—

(1) IN GENERAL.—In accordance with applicable law, including regulations, and this section, the Secretary may utilize forest residues from restoration projects, including shaded fuel breaks, in the restoration area for research and development of biobased products that result in net carbon sequestration.

(2) PARTNERSHIPS.—In carrying out paragraph (1), the Secretary may enter into partnerships with universities, nongovernmental organizations, industry, Tribes, and Federal, State, and local governmental agencies.

SEC. 212. Redwood National and State Parks restoration.

(a) Partnership agreements.—The Secretary of the Interior is authorized to undertake initiatives to restore degraded redwood forest ecosystems in Redwood National and State Parks in partnership with the State of California, local agencies, and nongovernmental organizations.

(b) Compliance.—In carrying out any initiative authorized by subsection (a), the Secretary of the Interior shall comply with all applicable law.

SEC. 213. California Public Lands Remediation Partnership.

(a) Definitions.—In this section:

(1) PARTNERSHIP.—The term “partnership” means the California Public Lands Remediation Partnership, established by subsection (b).

(2) PRIORITY LANDS.—The term “priority lands” means Federal land within the State that is determined by the partnership to be a high priority for remediation.

(3) REMEDIATION.—The term “remediation” means to facilitate the recovery of lands and waters that have been degraded, damaged, or destroyed by illegal marijuana cultivation or another illegal activity. Remediation includes but is not limited to removal of trash, debris, and other material, and establishing the composition, structure, pattern, and ecological processes necessary to facilitate terrestrial and aquatic ecosystem sustainability, resilience, and health under current and future conditions.

(b) Establishment.—There is hereby established a California Public Lands Remediation Partnership.

(1) coordinate the activities of Federal, State, Tribal, and local authorities, and the private sector, in the remediation of priority lands in the State affected by illegal marijuana cultivation or other illegal activities; and

(2) use the resources and expertise of each agency, authority, or entity in implementing remediation activities on priority lands in the State.

(d) Membership.—The members of the partnership shall include the following:

(1) The Secretary of Agriculture, or a designee of the Secretary of Agriculture to represent the Forest Service.

(2) The Secretary of the Interior, or a designee of the Secretary of the Interior, to represent the United States Fish and Wildlife Service, Bureau of Land Management, and National Park Service.

(3) The Director of the Office of National Drug Control Policy, or a designee of the Director.

(4) The Secretary of the State Natural Resources Agency, or a designee of the Secretary, to represent the California Department of Fish and Wildlife.

(5) A designee of the California State Water Resources Control Board.

(6) A designee of the California State Sheriffs’ Association.

(7) One member to represent federally recognized Indian Tribes, to be appointed by the Secretary of Agriculture.

(8) One member to represent nongovernmental organizations with an interest in Federal land remediation, to be appointed by the Secretary of Agriculture.

(9) One member to represent local governmental interests, to be appointed by the Secretary of Agriculture.

(10) A law enforcement official from each of the following:

(A) The Department of the Interior.

(B) The Department of Agriculture.

(11) A scientist to provide expertise and advise on methods needed for remediation efforts, to be appointed by the Secretary of Agriculture.

(12) A designee of the National Guard Counter Drug Program.

(e) Duties.—To further the purposes of this section, the partnership shall—

(1) identify priority lands for remediation in the State;

(2) secure resources from Federal and non-Federal sources to apply to remediation of priority lands in the State;

(3) support efforts by Federal, State, Tribal, and local agencies, and nongovernmental organizations in carrying out remediation of priority lands in the State;

(4) support research and education on the impacts of, and solutions to, illegal marijuana cultivation and other illegal activities on priority lands in the State;

(5) involve other Federal, State, Tribal, and local agencies, nongovernmental organizations, and the public in remediation efforts, to the extent practicable; and

(6) take any other administrative or advisory actions as necessary to address remediation of priority lands in the State.

(f) Authorities.—To implement this section, the partnership may, subject to the prior approval of the Secretary of Agriculture—

(1) make grants to the State, political subdivisions of the State, nonprofit organizations, and other persons;

(2) enter into cooperative agreements with, or provide grants or technical assistance to, the State, political subdivisions of the State, nonprofit organizations, Federal agencies, and other interested parties;

(3) hire and compensate staff;

(4) obtain funds or services from any source, including Federal and non-Federal funds, and funds and services provided under any other Federal law or program;

(5) contract for goods or services; and

(6) support activities of partners and any other activities that further the purposes of this section.

(g) Procedures.—The partnership shall establish such rules and procedures as it deems necessary or desirable.

(h) Local hiring.—The partnership shall, to the maximum extent practicable and in accordance with existing law, give preference to local entities and persons when carrying out this section.

(i) Service without compensation.—Members of the partnership shall serve without pay.

(j) Duties and authorities of the secretary of agriculture.—

(1) IN GENERAL.—The Secretary of Agriculture shall convene the partnership on a regular basis to carry out this section.

(2) TECHNICAL AND FINANCIAL ASSISTANCE.—The Secretary of Agriculture and Secretary of the Interior may provide technical and financial assistance, on a reimbursable or nonreimbursable basis, as determined by the appropriate Secretary, to the partnership or any members of the partnership to carry out this title.

(3) COOPERATIVE AGREEMENTS.—The Secretary of Agriculture and Secretary of the Interior may enter into cooperative agreements with the partnership, any members of the partnership, or other public or private entities to provide technical, financial, or other assistance to carry out this title.

SEC. 214. Trinity Lake visitor center.

(a) In general.—The Secretary of Agriculture, acting through the Chief of the Forest Service, may establish, in cooperation with any other public or private entities that the Secretary may determine to be appropriate, a visitor center in Weaverville, California—

(1) to serve visitors; and

(2) to assist in fulfilling the purposes of the Whiskeytown-Shasta-Trinity National Recreation Area.

(b) Requirements.—The Secretary shall ensure that the visitor center authorized under subsection (a) is designed to interpret the scenic, biological, natural, historical, scientific, paleontological, recreational, ecological, wilderness, and cultural resources of the Whiskeytown-Shasta-Trinity National Recreation Area and other nearby Federal lands.

(c) Cooperative agreements.—The Secretary of Agriculture may, in a manner consistent with this title, enter into cooperative agreements with the State and any other appropriate institutions and organizations to carry out the purposes of this section.

SEC. 215. Del Norte County visitor center.

(a) In general.—The Secretary of Agriculture and Secretary of the Interior, acting jointly or separately, may establish, in cooperation with any other public or private entities that the Secretaries determine to be appropriate, a visitor center in Del Norte County, California—

(1) to serve visitors; and

(2) to assist in fulfilling the purposes of Redwood National and State Parks, the Smith River National Recreation Area, and other nearby Federal lands.

(b) Requirements.—The Secretaries shall ensure that the visitor center authorized under subsection (a) is designed to interpret the scenic, biological, natural, historical, scientific, paleontological, recreational, ecological, wilderness, and cultural resources of Redwood National and State Parks, the Smith River National Recreation Area, and other nearby Federal lands.

SEC. 216. Management plans.

(a) In general.—In revising the land and resource management plan for the Shasta-Trinity, Six Rivers, Klamath, and Mendocino National Forests, the Secretary shall—

(1) consider the purposes of the South Fork Trinity-Mad River Restoration Area established by section 211; and

(2) include or update the fire management plan for the wilderness areas and wilderness additions established by this title.

(b) Requirement.—In carrying out the revisions required by subsection (a), the Secretary shall—

(1) develop spatial fire management plans in accordance with—

(A) the Guidance for Implementation of Federal Wildland Fire Management Policy dated February 13, 2009, including any amendments to that guidance; and

(B) other appropriate policies;

(2) ensure that a fire management plan—

(A) considers how prescribed or managed fire can be used to achieve ecological management objectives of wilderness and other natural or primitive areas; and

(B) in the case of a wilderness area expanded by section 231, provides consistent direction regarding fire management to the entire wilderness area, including the addition;

(3) consult with—

(A) appropriate State, Tribal, and local governmental entities; and

(B) members of the public; and

(4) comply with applicable laws (including regulations).

SEC. 217. Study; partnerships related to overnight accommodations.

(a) Study.—The Secretary of the Interior, in consultation with interested Federal, State, Tribal, and local entities, and private and nonprofit organizations, shall conduct a study to evaluate the feasibility and suitability of establishing overnight accommodations near Redwood National and State Parks on—

(1) Federal land at the northern boundary or on land within 20 miles of the northern boundary; and

(2) Federal land at the southern boundary or on land within 20 miles of the southern boundary.

(b) Partnerships.—

(1) AGREEMENTS AUTHORIZED.—If the study conducted under subsection (a) determines that establishing the described accommodations is suitable and feasible, the Secretary may enter into agreements with qualified private and nonprofit organizations for the development, operation, and maintenance of overnight accommodations.

(2) CONTENTS.—Any agreements entered into under paragraph (1) shall clearly define the role and responsibility of the Secretary and the private or nonprofit organization.

(3) COMPLIANCE.—The Secretary shall enter agreements under paragraph (1) in accordance with existing law.

(4) EFFECT.—Nothing in this subsection—

(A) reduces or diminishes the authority of the Secretary to manage land and resources under the jurisdiction of the Secretary; or

(B) amends or modifies the application of any existing law (including regulations) applicable to land under the jurisdiction of the Secretary.

SEC. 221. Horse Mountain Special Management Area.

(a) Establishment.—Subject to valid existing rights, there is established the Horse Mountain Special Management Area (referred to in this section as the “special management area”) comprising approximately 7,399 acres of Federal land administered by the Forest Service in Humboldt County, California, as generally depicted on the map entitled “Horse Mountain Special Management Area—Proposed” and dated April 13, 2017.

(b) Purposes.—The purpose of the special management area is to enhance the recreational and scenic values of the special management area while conserving the plants, wildlife, and other natural resource values of the area.

(1) IN GENERAL.—Not later than 3 years after the date of enactment of this Act and in accordance with paragraph (2), the Secretary shall develop a comprehensive plan for the long-term management of the special management area.

(2) CONSULTATION.—In developing the management plan required under paragraph (1), the Secretary shall consult with—

(A) appropriate State, Tribal, and local governmental entities; and

(B) members of the public.

(3) ADDITIONAL REQUIREMENT.—The management plan required under paragraph (1) shall ensure that recreational use within the special management area does not cause significant adverse impacts on the plants and wildlife of the special management area.

(d) Management.—

(1) IN GENERAL.—The Secretary shall manage the special management area—

(A) in furtherance of the purposes described in subsection (b); and

(B) in accordance with—

(i) the laws (including regulations) generally applicable to the National Forest System;

(ii) this section; and

(iii) any other applicable law (including regulations).

(2) RECREATION.—The Secretary shall continue to authorize, maintain, and enhance the recreational use of the special management area, including hunting, fishing, camping, hiking, hang gliding, sightseeing, nature study, horseback riding, rafting, mountain biking, and motorized recreation on authorized routes, and other recreational activities, so long as such recreational use is consistent with the purposes of the special management area, this section, other applicable law (including regulations), and applicable management plans.

(3) MOTORIZED VEHICLES.—

(A) IN GENERAL.—Except as provided in subparagraph (B), the use of motorized vehicles in the special management area shall be permitted only on roads and trails designated for the use of motorized vehicles.

(B) USE OF SNOWMOBILES.—The winter use of snowmobiles shall be allowed in the special management area—

(i) during periods of adequate snow coverage during the winter season; and

(ii) subject to any terms and conditions determined to be necessary by the Secretary.

(4) NEW TRAILS.—

(A) IN GENERAL.—The Secretary may construct new trails for motorized or nonmotorized recreation within the special management area in accordance with—

(i) the laws (including regulations) generally applicable to the National Forest System;

(ii) this section; and

(iii) any other applicable law (including regulations).

(B) PRIORITY.—In establishing new trails within the special management area, the Secretary shall—

(i) prioritize the establishment of loops that provide high-quality, diverse recreational experiences; and

(ii) consult with members of the public.

(e) Withdrawal.—Subject to valid existing rights, the special management area is withdrawn from—

(1) all forms of appropriation or disposal under the public land laws;

(2) location, entry, and patent under the mining laws; and

(3) disposition under laws relating to mineral and geothermal leasing.

SEC. 222. Bigfoot National Recreation Trail.

(a) Feasibility study.—

(1) IN GENERAL.—Not later than 3 years after the date of the enactment of this Act, the Secretary of Agriculture, in cooperation with the Secretary of the Interior, shall submit to the Committee on Natural Resources of the House of Representatives and Committee on Energy and Natural Resources of the Senate a study that describes the feasibility of establishing a nonmotorized Bigfoot National Recreation Trail that follows the route described in paragraph (2).

(2) ROUTE.—The trail described in paragraph (1) shall extend from the Ides Cove Trailhead in the Mendocino National Forest to Crescent City, California, by roughly following the route as generally depicted on the map entitled “Bigfoot National Recreation Trail—Proposed” and dated July 25, 2018.

(3) ADDITIONAL REQUIREMENT.—In completing the study required by subsection (a), the Secretary of Agriculture shall consult with—

(A) appropriate Federal, State, Tribal, regional, and local agencies;

(B) private landowners;

(D) members of the public.

(b) Designation.—

(1) IN GENERAL.—Upon a determination that the Bigfoot National Recreation Trail is feasible and meets the requirements for a National Recreation Trail in section 1243 of title 16, United States Code, the Secretary of Agriculture shall designate the Bigfoot National Recreation Trail in accordance with—

(A) the National Trails System Act (Public Law 90–543);

(B) this title; and

(2) ADMINISTRATION.—Upon designation by the Secretary of Agriculture, the Bigfoot National Recreation Trail (referred to in this section as the “trail”) shall be administered by the Secretary of Agriculture, in consultation with—

(A) other Federal, State, Tribal, regional, and local agencies;

(B) private landowners; and

(3) PRIVATE PROPERTY RIGHTS.—

(A) IN GENERAL.—No portions of the trail may be located on non-Federal land without the written consent of the landowner.

(B) PROHIBITION.—The Secretary of Agriculture shall not acquire for the trail any land or interest in land outside the exterior boundary of any federally managed area without the consent of the owner of the land or interest in the land.

(i) requires any private property owner to allow public access (including Federal, State, or local government access) to private property; or

(ii) modifies any provision of Federal, State, or local law with respect to public access to or use of private land.

(c) Cooperative agreements.—In carrying out this section, the Secretary of Agriculture may enter into cooperative agreements with State, Tribal, and local government entities and private entities to complete needed trail construction, reconstruction, realignment, maintenance, or education projects related to the Bigfoot National Recreation Trail.

(d) Map.—

(1) MAP REQUIRED.—Upon designation of the Bigfoot National Recreation Trail, the Secretary of Agriculture shall prepare a map of the trail.

(2) PUBLIC AVAILABILITY.—The map referred to in paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service.

SEC. 223. Elk Camp Ridge Recreation Trail.

(a) Designation.—

(1) IN GENERAL.—In accordance with paragraph (2), the Secretary of Agriculture after an opportunity for public comment, shall designate a trail (which may include a system of trails)—

(A) for use by off-highway vehicles or mountain bicycles, or both; and

(B) to be known as the Elk Camp Ridge Recreation Trail.

(2) REQUIREMENTS.—In designating the Elk Camp Ridge Recreation Trail (referred to in this section as the “trail”), the Secretary shall only include trails that are—

(A) as of the date of enactment of this Act, authorized for use by off-highway vehicles or mountain bikes, or both; and

(B) located on land that is managed by the Forest Service in Del Norte County.

(3) MAP.—A map that depicts the trail shall be on file and available for public inspection in the appropriate offices of the Forest Service.

(b) Management.—

(1) IN GENERAL.—The Secretary shall manage the trail—

(A) in accordance with applicable laws (including regulations);

(B) to ensure the safety of citizens who use the trail; and

(2) MONITORING; EVALUATION.—To minimize the impacts of the use of the trail on environmental and cultural resources, the Secretary shall annually assess the effects of the use of off-highway vehicles and mountain bicycles on—

(A) the trail;

(B) land located in proximity to the trail; and

(3) CLOSURE.—The Secretary, in consultation with the State and Del Norte County, and subject to paragraph (4), may temporarily close or permanently reroute a portion of the trail if the Secretary determines that—

(A) the trail is having an adverse impact on—

(i) wildlife habitats;

(ii) natural resources;

(iii) cultural resources; or

(iv) traditional uses;

(B) the trail threatens public safety; or

(i) to repair damage to the trail; or

(ii) to repair resource damage.

(4) REROUTING.—Any portion of the trail that is temporarily closed by the Secretary under paragraph (3) may be permanently rerouted along any road or trail—

(A) that is—

(i) in existence as of the date of the closure of the portion of the trail;

(ii) located on public land; and

(iii) open to motorized or mechanized use; and

(B) if the Secretary determines that rerouting the portion of the trail would not significantly increase or decrease the length of the trail.

(5) NOTICE OF AVAILABLE ROUTES.—The Secretary shall ensure that visitors to the trail have access to adequate notice relating to the availability of trail routes through—

(A) the placement of appropriate signage along the trail; and

(B) the distribution of maps, safety education materials, and other information that the Secretary concerned determines to be appropriate.

(c) Effect.—Nothing in this section affects the ownership, management, or other rights relating to any non-Federal land (including any interest in any non-Federal land).

SEC. 224. Trinity Lake Trail.

(a) Trail construction.—

(1) FEASIBILITY STUDY.—Not later than 18 months after the date of enactment of this Act, the Secretary shall study the feasibility and public interest of constructing a recreational trail for nonmotorized uses around Trinity Lake.

(2) CONSTRUCTION.—

(A) CONSTRUCTION AUTHORIZED.—Subject to appropriations, and in accordance with paragraph (3), if the Secretary determines under paragraph (1) that the construction of the trail described in such paragraph is feasible and in the public interest, the Secretary may provide for the construction of the trail.

(B) USE OF VOLUNTEER SERVICES AND CONTRIBUTIONS.—The trail may be constructed under this section through the acceptance of volunteer services and contributions from non-Federal sources to reduce or eliminate the need for Federal expenditures to construct the trail.

(3) COMPLIANCE.—In carrying out this section, the Secretary shall comply with—

(A) the laws (including regulations) generally applicable to the National Forest System; and

(B) this title.

(b) Effect.—Nothing in this section affects the ownership, management, or other rights relating to any non-Federal land (including any interest in any non-Federal land).

SEC. 225. Trails study.

(a) In general.—Not later than 2 years after the date of enactment of this Act, the Secretary of Agriculture, in accordance with subsection (b) and in consultation with interested parties, shall conduct a study to improve motorized and nonmotorized recreation trail opportunities (including mountain bicycling) on land not designated as wilderness within the portions of the Six Rivers, Shasta-Trinity, and Mendocino National Forests located in Del Norte, Humboldt, Trinity, and Mendocino Counties.

(b) Consultation.—In carrying out the study required by subsection (a), the Secretary of Agriculture shall consult with the Secretary of the Interior regarding opportunities to improve, through increased coordination, recreation trail opportunities on land under the jurisdiction of the Secretary of the Interior that shares a boundary with the national forest land described in subsection (a).

SEC. 226. Construction of mountain bicycling routes.

(a) Trail construction.—

(1) FEASIBILITY STUDY.—Not later than 18 months after the date of enactment of this Act, the Secretary of Agriculture shall study the feasibility and public interest of constructing recreational trails for mountain bicycling and other nonmotorized uses on the routes as generally depicted in the report entitled “Trail Study for Smith River National Recreation Area Six Rivers National Forest” and dated 2016.

(2) CONSTRUCTION.—

(A) CONSTRUCTION AUTHORIZED.—Subject to appropriations, and in accordance with paragraph (3), if the Secretary determines under paragraph (1) that the construction of one or more routes described in such paragraph is feasible and in the public interest, the Secretary may provide for the construction of the routes.

(B) MODIFICATIONS.—The Secretary may modify the routes as necessary in the opinion of the Secretary.

(C) USE OF VOLUNTEER SERVICES AND CONTRIBUTIONS.—Routes may be constructed under this section through the acceptance of volunteer services and contributions from non-Federal sources to reduce or eliminate the need for Federal expenditures to construct the route.

(3) COMPLIANCE.—In carrying out this section, the Secretary shall comply with—

(A) the laws (including regulations) generally applicable to the National Forest System; and

(B) this title.

(b) Effect.—Nothing in this section affects the ownership, management, or other rights relating to any non-Federal land (including any interest in any non-Federal land).

SEC. 227. Partnerships.

(a) Agreements authorized.—The Secretary is authorized to enter into agreements with qualified private and nonprofit organizations to undertake the following activities on Federal lands in Mendocino, Humboldt, Trinity, and Del Norte Counties—

(1) trail and campground maintenance;

(2) public education, visitor contacts, and outreach; and

(3) visitor center staffing.

(b) Contents.—Any agreements entered into under subsection (a) shall clearly define the role and responsibility of the Secretary and the private or nonprofit organization.

(d) Effect.—Nothing in this section—

(1) reduces or diminishes the authority of the Secretary to manage land and resources under the jurisdiction of the Secretary; or

(2) amends or modifies the application of any existing law (including regulations) applicable to land under the jurisdiction of the Secretary.

SEC. 231. Designation of wilderness.

(a) In general.—In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System:

(1) BLACK BUTTE RIVER WILDERNESS.—Certain Federal land managed by the Forest Service in the State, comprising approximately 11,117 acres, as generally depicted on the map entitled “Black Butte River Wilderness—Proposed” and dated April 13, 2017, which shall be known as the Black Butte River Wilderness.

(2) CHANCHELULLA WILDERNESS ADDITIONS.—Certain Federal land managed by the Forest Service in the State, comprising approximately 6,212 acres, as generally depicted on the map entitled “Chanchelulla Wilderness Additions—Proposed” and dated July 16, 2018, which is incorporated in, and considered to be a part of, the Chanchelulla Wilderness, as designated by section 101(a)(4) of the California Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 1619).

(3) CHINQUAPIN WILDERNESS.—Certain Federal land managed by the Forest Service in the State, comprising approximately 27,258 acres, as generally depicted on the map entitled “Chinquapin Wilderness—Proposed” and dated January 15, 2020, which shall be known as the Chinquapin Wilderness.

(4) ELKHORN RIDGE WILDERNESS ADDITION.—Certain Federal land managed by the Bureau of Land Management in the State, comprising approximately 37 acres, as generally depicted on the map entitled “Proposed Elkhorn Ridge Wilderness Additions” and dated October 24, 2019, which is incorporated in, and considered to be a part of, the Elkhorn Ridge Wilderness, as designated by section 6(d) of Public Law 109–362 (16 U.S.C. 1132 note; 120 Stat. 2070).

(5) ENGLISH RIDGE WILDERNESS.—Certain Federal land managed by the Bureau of Land Management in the State, comprising approximately 6,204 acres, as generally depicted on the map entitled “English Ridge Wilderness—Proposed” and dated March 29, 2019, which shall be known as the English Ridge Wilderness.

(6) HEADWATERS FOREST WILDERNESS.—Certain Federal land managed by the Bureau of Land Management in the State, comprising approximately 4,360 acres, as generally depicted on the map entitled “Headwaters Forest Wilderness—Proposed” and dated October 15, 2019, which shall be known as the Headwaters Forest Wilderness.

(7) MAD RIVER BUTTES WILDERNESS.—Certain Federal land managed by the Forest Service in the State, comprising approximately 6,002 acres, as generally depicted on the map entitled “Mad River Buttes Wilderness—Proposed” and dated July 25, 2018, which shall be known as the Mad River Buttes Wilderness.

(8) MOUNT LASSIC WILDERNESS ADDITION.—Certain Federal land managed by the Forest Service in the State, comprising approximately 1,292 acres, as generally depicted on the map entitled “Mount Lassic Wilderness Additions—Proposed” and dated February 23, 2017, which is incorporated in, and considered to be a part of, the Mount Lassic Wilderness, as designated by section 3(6) of Public Law 109–362 (16 U.S.C. 1132 note; 120 Stat. 2065).

(9) NORTH FORK EEL WILDERNESS ADDITION.—Certain Federal land managed by the Forest Service and the Bureau of Land Management in the State, comprising approximately 16,274 acres, as generally depicted on the map entitled “North Fork Wilderness Additions” and dated January 15, 2020, which is incorporated in, and considered to be a part of, the North Fork Eel Wilderness, as designated by section 101(a)(19) of the California Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 1621).

(10) PATTISON WILDERNESS.—Certain Federal land managed by the Forest Service in the State, comprising approximately 28,595 acres, as generally depicted on the map entitled “Pattison Wilderness—Proposed” and dated July 16, 2018, which shall be known as the Pattison Wilderness.

(11) SANHEDRIN WILDERNESS ADDITION.—Certain Federal land managed by the Forest Service in the State, comprising approximately 112 acres, as generally depicted on the map entitled “Sanhedrin Wilderness Addition—Proposed” and dated March 29, 2019, which is incorporated in, and considered to be a part of, the Sanhedrin Wilderness, as designated by section 3(2) of Public Law 109–362 (16 U.S.C. 1132 note; 120 Stat. 2065).

(12) SISKIYOU WILDERNESS ADDITION.—Certain Federal land managed by the Forest Service in the State, comprising approximately 27,747 acres, as generally depicted on the map entitled “Siskiyou Wilderness Additions and Potential Wildernesses—Proposed” and dated July 24, 2018, which is incorporated in, and considered to be a part of, the Siskiyou Wilderness, as designated by section 101(a)(30) of the California Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 1623) (as amended by section 3(5) of Public Law 109–362 (16 U.S.C. 1132 note; 120 Stat. 2065)).

(13) SOUTH FORK EEL RIVER WILDERNESS ADDITION.—Certain Federal land managed by the Bureau of Land Management in the State, comprising approximately 603 acres, as generally depicted on the map entitled “South Fork Eel River Wilderness Additions—Proposed” and dated October 24, 2019, which is incorporated in, and considered to be a part of, the South Fork Eel River Wilderness, as designated by section 3(10) of Public Law 109–362 (16 U.S.C. 1132 note; 120 Stat. 2066).

(14) SOUTH FORK TRINITY RIVER WILDERNESS.—Certain Federal land managed by the Forest Service in the State, comprising approximately 26,446 acres, as generally depicted on the map entitled “South Fork Trinity River Wilderness and Potential Wildernesses—Proposed” and dated March 11, 2019, which shall be known as the South Fork Trinity River Wilderness.

(15) TRINITY ALPS WILDERNESS ADDITION.—Certain Federal land managed by the Forest Service in the State, comprising approximately 60,826 acres, as generally depicted on the maps entitled “Trinity Alps Proposed Wilderness Additions EAST” and “Trinity Alps Proposed Wilderness Additions WEST” and dated January 15, 2020, which is incorporated in, and considered to be a part of, the Trinity Alps Wilderness, as designated by section 101(a)(34) of the California Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 1623) (as amended by section 3(7) of Public Law 109–362 (16 U.S.C. 1132 note; 120 Stat. 2065)).

(16) UNDERWOOD WILDERNESS.—Certain Federal land managed by the Forest Service in the State, comprising approximately 15,069 acres, as generally depicted on the map entitled “Underwood Wilderness—Proposed” and dated January 15, 2020, which shall be known as the Underwood Wilderness.

(17) YOLLA BOLLY-MIDDLE EEL WILDERNESS ADDITIONS.—Certain Federal land managed by the Forest Service and the Bureau of Land Management in the State, comprising approximately 10,729 acres, as generally depicted on the map entitled “Yolla Bolly Middle Eel Wilderness Additions and Potential Wildernesses—Proposed” and dated June 7, 2018, which is incorporated in, and considered to be a part of, the Yolla Bolly-Middle Eel Wilderness, as designated by section 3 of the Wilderness Act (16 U.S.C. 1132) (as amended by section 3(4) of Public Law 109–362 (16 U.S.C. 1132 note; 120 Stat. 2065)).

(18) YUKI WILDERNESS ADDITION.—Certain Federal land managed by the Forest Service and the Bureau of Land Management in the State, comprising approximately 11,076 acres, as generally depicted on the map entitled “Yuki Wilderness Additions—Proposed” and dated January 15, 2020, which is incorporated in, and considered to be a part of, the Yuki Wilderness, as designated by section 3(3) of Public Law 109–362 (16 U.S.C. 1132 note; 120 Stat. 2065).

(b) Redesignation of north fork wilderness as north fork eel river wilderness.—Section 101(a)(19) of Public Law 98–425 (16 U.S.C. 1132 note; 98 Stat. 1621) is amended by striking “North Fork Wilderness” and inserting “North Fork Eel River Wilderness”. Any reference in a law, map, regulation, document, paper, or other record of the United States to the North Fork Wilderness shall be deemed to be a reference to the North Fork Eel River Wilderness.

(c) Elkhorn ridge wilderness adjustments.—The boundary of the Elkhorn Ridge Wilderness established by section 6(d) of Public Law 109–362 (16 U.S.C. 1132 note) is adjusted by deleting approximately 30 acres of Federal land as generally depicted on the map entitled “Proposed Elkhorn Ridge Wilderness Additions” and dated October 24, 2019.

SEC. 232. Administration of wilderness.

(a) In general.—Subject to valid existing rights, the wilderness areas and wilderness additions established by section 231 shall be administered by the Secretary in accordance with this subtitle and the Wilderness Act (16 U.S.C. 1131 et seq.), except that—

(1) any reference in the Wilderness 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.

(b) Fire management and related activities.—

(1) IN GENERAL.—The Secretary may take such measures in a wilderness area or wilderness addition designated by section 231 as are necessary for the control of fire, insects, and diseases in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and House Report 98–40 of the 98th Congress.

(2) FUNDING PRIORITIES.—Nothing in this subtitle limits funding for fire and fuels management in the wilderness areas or wilderness additions designated by this title.

(3) ADMINISTRATION.—Consistent with paragraph (1) and other applicable Federal law, to ensure a timely and efficient response to fire emergencies in the wilderness additions designated by this subtitle, the Secretary of Agriculture shall—

(A) not later than 1 year after the date of enactment of this Act, establish agency approval procedures (including appropriate delegations of authority to the Forest Supervisor, District Manager, or other agency officials) for responding to fire emergencies; and

(B) enter into agreements with appropriate State or local firefighting agencies.

(c) Grazing.—The grazing of livestock in the wilderness areas and wilderness additions designated by this title, if established before the date of enactment of this Act, shall be administered in accordance with—

(1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and

(2) (A) for lands under the jurisdiction of the Secretary of Agriculture, the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96–617); or

(B) for lands under the jurisdiction of the Secretary of the Interior, 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 (H. Rept. 101–405).

(d) Fish and wildlife.—

(1) IN GENERAL.—In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title affects the jurisdiction or responsibilities of the State with respect to fish and wildlife on public land in the State.

(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 that are necessary to maintain or restore fish, wildlife, and plant populations and habitats in the wilderness areas or wilderness additions designated by section 231, if the management activities are—

(A) consistent with relevant wilderness management plans; and

(B) conducted in accordance with—

(i) the Wilderness Act (16 U.S.C. 1131 et seq.); and

(ii) appropriate policies, such as the policies established in Appendix B of House Report 101–405.

(e) Buffer zones.—

(1) IN GENERAL.—Congress does not intend for designation of wilderness or wilderness additions by this title to lead to the creation of protective perimeters or buffer zones around each wilderness area or wilderness addition.

(2) ACTIVITIES OR USES UP TO BOUNDARIES.—The fact that nonwilderness activities or uses can be seen or heard from within a wilderness area shall not, of itself, preclude the activities or uses up to the boundary of the wilderness area.

(f) Military activities.—Nothing in this subtitle precludes—

(1) low-level overflights of military aircraft over the wilderness areas or wilderness additions designated by section 231;

(2) the designation of new units of special airspace over the wilderness areas or wilderness additions designated by section 231; or

(3) the use or establishment of military flight training routes over the wilderness areas or wilderness additions designated by section 231.

(g) Horses.—Nothing in this subtitle precludes horseback riding in, or the entry of recreational or commercial saddle or pack stock into, an area designated as a wilderness area or wilderness addition by section 231—

(1) in accordance with section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)); and

(2) subject to any terms and conditions determined to be necessary by the Secretary.

(h) Withdrawal.—Subject to valid existing rights, the wilderness areas and wilderness additions designated by section 231 are withdrawn from—

(1) all forms of entry, appropriation, and disposal under the public land laws;

(2) location, entry, and patent under the mining laws; and

(3) operation of the mineral materials and geothermal leasing laws.

(i) Use by members of indian tribes.—

(1) ACCESS.—In recognition of the past use of wilderness areas and wilderness additions designated by this title by members of Indian Tribes for traditional cultural and religious purposes, the Secretary shall ensure that Indian Tribes have access to the wilderness areas and wilderness additions designated by section 231 for traditional cultural and religious purposes.

(2) TEMPORARY CLOSURES.—

(A) IN GENERAL.—In carrying out this section, the Secretary, on request of an Indian Tribe, may temporarily close to the general public one or more specific portions of a wilderness area or wilderness addition to protect the privacy of the members of the Indian Tribe in the conduct of the traditional cultural and religious activities in the wilderness area or wilderness addition.

(B) REQUIREMENT.—Any closure under subparagraph (A) shall be made in such a manner as to affect the smallest practicable area for the minimum period of time necessary for the activity to be carried out.

(3) APPLICABLE LAW.—Access to the wilderness areas and wilderness additions under this subsection shall be in accordance with—

(A) Public Law 95–341 (commonly known as the American Indian Religious Freedom Act) (42 U.S.C. 1996 et seq.); and

(B) the Wilderness Act (16 U.S.C. 1131 et seq.).

(j) Incorporation of acquired land and interests.—Any land within the boundary of a wilderness area or wilderness addition designated by section 231 that is acquired by the United States shall—

(1) become part of the wilderness area in which the land is located;

(2) be withdrawn in accordance with subsection (h); and

(3) be managed in accordance with this section, the Wilderness Act (16 U.S.C. 1131 et seq.), and any other applicable law.

(k) Climatological data collection.—In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such terms and conditions as the Secretary may prescribe, the Secretary may authorize the installation and maintenance of hydrologic, meteorologic, or climatological collection devices in the wilderness areas and wilderness additions designated by section 231 if the Secretary determines that the facilities and access to the facilities are essential to flood warning, flood control, or water reservoir operation activities.

(l) Authorized events.—The Secretary may continue to authorize the competitive equestrian event permitted since 2012 in the Chinquapin Wilderness established by section 231 in a manner compatible with the preservation of the area as wilderness.

(m) Recreational climbing.—Nothing in this title prohibits recreational rock climbing activities in the wilderness areas, such as the placement, use, and maintenance of fixed anchors, including any fixed anchor established before the date of the enactment of this Act—

(1) in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.); and

(2) subject to any terms and conditions determined to be necessary by the Secretary.

SEC. 233. Designation of potential wilderness.

(a) Designation.—In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as potential wilderness areas:

(1) Certain Federal land managed by the Forest Service, comprising approximately 3,797 acres, as generally depicted on the map entitled “Chinquapin Proposed Potential Wilderness” and dated January 15, 2020.

(2) Certain Federal land administered by the National Park Service, compromising approximately 31,000 acres, as generally depicted on the map entitled “Redwood National Park—Potential Wilderness” and dated October 9, 2019.

(3) Certain Federal land managed by the Forest Service, comprising approximately 8,961 acres, as generally depicted on the map entitled “Siskiyou Wilderness Additions and Potential Wildernesses—Proposed” and dated July 24, 2018.

(4) Certain Federal land managed by the Forest Service, comprising approximately 405 acres, as generally depicted on the map entitled “South Fork Trinity River Wilderness and Potential Wildernesses—Proposed” and dated March 11, 2019.

(5) Certain Federal land managed by the Forest Service, comprising approximately 1,256 acres, as generally depicted on the map entitled “Trinity Alps Proposed Potential Wilderness” and dated January 15, 2020.

(6) Certain Federal land managed by the Forest Service, comprising approximately 4,282 acres, as generally depicted on the map entitled “Yolla Bolly Middle Eel Wilderness Additions and Potential Wildernesses—Proposed” and dated June 7, 2018.

(7) Certain Federal land managed by the Forest Service, comprising approximately 2,909 acres, as generally depicted on the map entitled “Yuki Proposed Potential Wilderness” and dated January 15, 2020.

(b) Management.—Except as provided in subsection (c) and subject to valid existing rights, the Secretary shall manage the potential wilderness areas designated by subsection (a) (referred to in this section as “potential wilderness areas”) as wilderness until the potential wilderness areas are designated as wilderness under subsection (d).

(1) IN GENERAL.—For purposes of ecological restoration (including the elimination of nonnative species, removal of illegal, unused, or decommissioned roads, repair of skid tracks, and any other activities necessary to restore the natural ecosystems in a potential wilderness area and consistent with paragraph (2)), the Secretary may use motorized equipment and mechanized transport in a potential wilderness area until the potential wilderness area is designated as wilderness under subsection (d).

(2) LIMITATION.—To the maximum extent practicable, the Secretary shall use the minimum tool or administrative practice necessary to accomplish ecological restoration with the least amount of adverse impact on wilderness character and resources.

(d) Eventual wilderness designation.—The potential wilderness areas shall be designated as wilderness and as a component of the National Wilderness Preservation System on the earlier of—

(1) the date on which the Secretary publishes in the Federal Register notice that the conditions in a potential wilderness area that are incompatible with the Wilderness Act (16 U.S.C. 1131 et seq.) have been removed; or

(2) the date that is 10 years after the date of enactment of this Act for potential wilderness areas located on lands managed by the Forest Service.

(e) Administration as wilderness.—

(1) IN GENERAL.—On its designation as wilderness under subsection (d), a potential wilderness area shall be administered in accordance with section 232 and the Wilderness Act (16 U.S.C. 1131 et seq.).

(2) DESIGNATION.—On its designation as wilderness under subsection (d)—

(A) the land described in subsection (a)(1) shall be incorporated in, and considered to be a part of, the Chinquapin Wilderness established by section 231(a)(3);

(B) the land described in subsection (a)(3) shall be incorporated in, and considered to be a part of, the Siskiyou Wilderness as designated by section 231(a)(30) of the California Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 1623) (as amended by section 3(5) of Public Law 109–362 (16 U.S.C. 1132 note; 120 Stat. 2065) and expanded by section 231(a)(12));

(C) the land described in subsection (a)(4) shall be incorporated in, and considered to be a part of, the South Fork Trinity River Wilderness established by section 231(a)(14);

(D) the land described in subsection (a)(5) shall be incorporated in, and considered to be a part of, the Trinity Alps Wilderness as designated by section 101(a)(34) of the California Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 1623) (as amended by section 3(7) of Public Law 109–362 (16 U.S.C. 1132 note; 120 Stat. 2065) and expanded by section 231(a)(15));

(E) the land described in subsection (a)(6) shall be incorporated in, and considered to be a part of, the Yolla Bolly-Middle Eel Wilderness as designated by section 3 of the Wilderness Act (16 U.S.C. 1132) (as amended by section 3(4) of Public Law 109–362 (16 U.S.C. 1132 note; 120 Stat. 2065) and expanded by section 231(a)(17)); and

(F) the land described in subsection (a)(7) shall be incorporated in, and considered to be a part of, the Yuki Wilderness as designated by section 3(3) of Public Law 109–362 (16 U.S.C. 1132 note; 120 Stat. 2065) and expanded by section 231(a)(18).

(f) Report.—Within 3 years after the date of enactment of this Act, and every 3 years thereafter until the date upon which the potential wilderness is designated wilderness under subsection (d), the Secretary shall submit a report to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on the status of ecological restoration within the potential wilderness area and the progress toward the potential wilderness area’s eventual wilderness designation under subsection (d).

SEC. 234. Designation of wild and scenic rivers.

Section 3(a) of the National Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following:

“(231) SOUTH FORK TRINITY RIVER.—The following segments from the source tributaries in the Yolla Bolly-Middle Eel Wilderness, to be administered by the Secretary of Agriculture:

“(A) The 18.3-mile segment from its multiple source springs in the Cedar Basin of the Yolla Bolly-Middle Eel Wilderness in section 15, T. 27 N., R. 10 W. to .25 miles upstream of the Wild Mad Road, as a wild river.

“(B) The .65-mile segment from .25 miles upstream of Wild Mad Road to the confluence with the unnamed tributary approximately .4 miles downstream of the Wild Mad Road in section 29, T. 28 N., R. 11 W., as a scenic river.

“(C) The 9.8-mile segment from .75 miles downstream of Wild Mad Road to Silver Creek, as a wild river.

“(D) The 5.4-mile segment from Silver Creek confluence to Farley Creek, as a scenic river.

“(E) The 3.6-mile segment from Farley Creek to Cave Creek, as a recreational river.

“(F) The 5.6-mile segment from Cave Creek to the confluence of the unnamed creek upstream of Hidden Valley Ranch in section 5, T. 15, R. 7 E., as a wild river.

“(G) The 2.5-mile segment from unnamed creek confluence upstream of Hidden Valley Ranch to the confluence with the unnamed creek flowing west from Bear Wallow Mountain in section 29, T. 1 N., R. 7 E., as a scenic river.

“(H) The 3.8-mile segment from the unnamed creek confluence in section 29, T. 1 N., R. 7 E. to Plummer Creek, as a wild river.

“(I) The 1.8-mile segment from Plummer Creek to the confluence with the unnamed tributary north of McClellan Place in section 6, T. 1 N., R. 7 E., as a scenic river.

“(J) The 5.4-mile segment from the unnamed tributary confluence in section 6, T. 1 N., R. 7 E. to Hitchcock Creek, as a wild river.

“(K) The 7-mile segment from Eltapom Creek to the Grouse Creek, as a scenic river.

“(L) The 5-mile segment from Grouse Creek to Coon Creek, as a wild river.

“(232) EAST FORK SOUTH FORK TRINITY RIVER.—The following segments to be administered by the Secretary of Agriculture:

“(A) The 8.4-mile segment from its source in the Pettijohn Basin in the Yolla Bolly-Middle Eel Wilderness in section 10, T. 3 S., R. 10 W. to .25 miles upstream of the Wild Mad Road, as a wild river.

“(B) The 3.4-mile segment from .25 miles upstream of the Wild Mad Road to the South Fork Trinity River, as a recreational river.

“(233) RATTLESNAKE CREEK.—The 5.9-mile segment from the confluence with the unnamed tributary in the southeast corner of section 5, T. 1 S., R. 12 W. to the South Fork Trinity River, to be administered by the Secretary of Agriculture as a recreational river.

“(234) BUTTER CREEK.—The 7-mile segment from .25 miles downstream of the Road 3N08 crossing to the South Fork Trinity River, to be administered by the Secretary of Agriculture as a scenic river.

“(235) HAYFORK CREEK.—The following segments to be administered by the Secretary of Agriculture:

“(A) The 3.2-mile segment from Little Creek to Bear Creek, as a recreational river.

“(B) The 13.2-mile segment from Bear Creek to the northern boundary of section 19, T. 3 N., R. 7 E., as a scenic river.

“(236) OLSEN CREEK.—The 2.8-mile segment from the confluence of its source tributaries in section 5, T. 3 N., R. 7 E. to the northern boundary of section 24, T. 3 N., R. 6 E., to be administered by the Secretary of the Interior as a scenic river.

“(237) RUSCH CREEK.—The 3.2-mile segment from .25 miles downstream of the 32N11 Road crossing to Hayfork Creek, to be administered by the Secretary of Agriculture as a recreational river.

“(238) ELTAPOM CREEK.—The 3.4-mile segment from Buckhorn Creek to the South Fork Trinity River, to be administered by the Secretary of Agriculture as a wild river.

“(239) GROUSE CREEK.—The following segments to be administered by the Secretary of Agriculture:

“(A) The 3.9-mile segment from Carson Creek to Cow Creek, as a scenic river.

“(B) The 7.4-mile segment from Cow Creek to the South Fork Trinity River, as a recreational river.

“(240) MADDEN CREEK.—The following segments to be administered by the Secretary of Agriculture:

“(A) The 6.8-mile segment from the confluence of Madden Creek and its unnamed tributary in section 18, T. 5 N., R. 5 E. to Fourmile Creek, as a wild river.

“(B) The 1.6-mile segment from Fourmile Creek to the South Fork Trinity River, as a recreational river.

“(241) CANYON CREEK.—The following segments to be administered by the Secretary of Agriculture and the Secretary of the Interior:

“(A) The 6.6-mile segment from the outlet of lower Canyon Creek Lake to Bear Creek upstream of Ripstein, as a wild river.

“(B) The 11.2-mile segment from Bear Creek upstream of Ripstein to the southern boundary of section 25, T. 34 N., R. 11 W., as a recreational river.

“(242) NORTH FORK TRINITY RIVER.—The following segments to be administered by the Secretary of Agriculture:

“(A) The 12-mile segment from the confluence of source tributaries in section 24, T. 8 N., R. 12 W. to the Trinity Alps Wilderness boundary upstream of Hobo Gulch, as a wild river.

“(B) The .5-mile segment from where the river leaves the Trinity Alps Wilderness to where it fully reenters the Trinity Alps Wilderness downstream of Hobo Gulch, as a scenic river.

“(C) The 13.9-mile segment from where the river fully reenters the Trinity Alps Wilderness downstream of Hobo Gulch to the Trinity Alps Wilderness boundary upstream of the County Road 421 crossing, as a wild river.

“(D) The 1.3-mile segment from the Trinity Alps Wilderness boundary upstream of the County Road 421 crossing to the Trinity River, as a recreational river.

“(243) EAST FORK NORTH FORK TRINITY RIVER.—The following segments to be administered by the Secretary of Agriculture:

“(A) The 9.5-mile segment from the river’s source north of Mt. Hilton in section 19, T. 36 N., R. 10 W. to the end of Road 35N20 approximately .5 miles downstream of the confluence with the East Branch East Fork North Fork Trinity River, as a wild river.

“(B) The 3.25-mile segment from the end of Road 35N20 to .25 miles upstream of Coleridge, as a scenic river.

“(C) The 4.6-mile segment from .25 miles upstream of Coleridge to the confluence of Fox Gulch, as a recreational river.

“(244) NEW RIVER.—The following segments to be administered by the Secretary of Agriculture:

“(A) The 12.7-mile segment of Virgin Creek from its source spring in section 22, T. 9 N., R. 7 E. to Slide Creek, as a wild river.

“(B) The 2.3-mile segment of the New River where it begins at the confluence of Virgin and Slide Creeks to Barron Creek, as a wild river.

“(245) MIDDLE EEL RIVER.—The following segment, to be administered by the Secretary of Agriculture:

“(A) The 37.7-mile segment from its source in Frying Pan Meadow to Rose Creek, as a wild river.

“(B) The 1.5-mile segment from Rose Creek to the Black Butte River, as a recreational river.

“(C) The 10.5-mile segment of Balm of Gilead Creek from its source in Hopkins Hollow to the Middle Eel River, as a wild river.

“(D) The 13-mile segment of the North Fork Middle Fork Eel River from the source on Dead Puppy Ridge in section 11, T. 26 N., R. 11 W. to the confluence of the Middle Eel River, as a wild river.

“(246) NORTH FORK EEL RIVER, CA.—The 14.3-mile segment from the confluence with Gilman Creek to the Six Rivers National Forest boundary, to be administered by the Secretary of Agriculture as a wild river.

“(247) RED MOUNTAIN CREEK, CA.—The following segments to be administered by the Secretary of Agriculture:

“(A) The 5.25-mile segment from its source west of Mike’s Rock in section 23, T. 26 N., R. 12 E. to the confluence with Littlefield Creek, as a wild river.

“(B) The 1.6-mile segment from the confluence with Littlefield Creek to the confluence with the unnamed tributary in section 32, T. 26 N., R. 8 E., as a scenic river.

“(C) The 1.25-mile segment from the confluence with the unnamed tributary in section 32, T. 4 S., R. 8 E. to the confluence with the North Fork Eel River, as a wild river.

“(248) REDWOOD CREEK.—The following segments to be administered by the Secretary of the Interior:

“(A) The 6.2-mile segment from the confluence with Lacks Creek to the confluence with Coyote Creek as a scenic river on publication by the Secretary of a notice in the Federal Register that sufficient inholdings within the boundaries of the segments have been acquired in fee title to establish a manageable addition to the system.

“(B) The 19.1-mile segment from the confluence with Coyote Creek in section 2, T. 8 N., R. 2 E. to the Redwood National Park boundary upstream of Orick in section 34, T. 11 N., R. 1 E. as a scenic river.

“(C) The 2.3-mile segment of Emerald Creek (also known as Harry Weir Creek) from its source in section 29, T. 10 N., R. 2 E. to the confluence with Redwood Creek as a scenic river.

“(249) LACKS CREEK.—The following segments to be administered by the Secretary of the Interior:

“(A) The 5.1-mile segment from the confluence with two unnamed tributaries in section 14, T. 7 N., R. 3 E. to Kings Crossing in section 27, T. 8 N., R. 3 E. as a wild river.

“(B) The 2.7-mile segment from Kings Crossing to the confluence with Redwood Creek as a scenic river upon publication by the Secretary of a notice in the Federal Register that sufficient inholdings within the segment have been acquired in fee title or as scenic easements to establish a manageable addition to the system.

“(250) LOST MAN CREEK.—The following segments to be administered by the Secretary of the Interior:

“(A) The 6.4-mile segment of Lost Man Creek from its source in section 5, T. 10 N., R. 2 E. to .25 miles upstream of the Prairie Creek confluence, as a recreational river.

“(B) The 2.3-mile segment of Larry Damm Creek from its source in section 8, T. 11 N., R. 2 E. to the confluence with Lost Man Creek, as a recreational river.

“(251) LITTLE LOST MAN CREEK.—The 3.6-mile segment of Little Lost Man Creek from its source in section 6, T. 10 N., R. 2 E. to .25 miles upstream of the Lost Man Creek road crossing, to be administered by the Secretary of the Interior as a wild river.

“(252) SOUTH FORK ELK RIVER.—The following segments to be administered by the Secretary of the Interior through a cooperative management agreement with the State of California:

“(A) The 3.6-mile segment of the Little South Fork Elk River from the source in section 21, T. 3 N., R. 1 E. to the confluence with the South Fork Elk River, as a wild river.

“(B) The 2.2-mile segment of the unnamed tributary of the Little South Fork Elk River from its source in section 15, T. 3 N., R. 1 E. to the confluence with the Little South Fork Elk River, as a wild river.

“(C) The 3.6-mile segment of the South Fork Elk River from the confluence of the Little South Fork Elk River to the confluence with Tom Gulch, as a recreational river.

“(253) SALMON CREEK.—The 4.6-mile segment from its source in section 27, T. 3 N., R. 1 E. to the Headwaters Forest Reserve boundary in section 18, T. 3 N., R. 1 E. to be administered by the Secretary of the Interior as a wild river through a cooperative management agreement with the State of California.

“(254) SOUTH FORK EEL RIVER.—The following segments to be administered by the Secretary of the Interior:

“(A) The 6.2-mile segment from the confluence with Jack of Hearts Creek to the southern boundary of the South Fork Eel Wilderness in section 8, T. 22 N., R. 16 W., as a recreational river to be administered by the Secretary through a cooperative management agreement with the State of California.

“(B) The 6.1-mile segment from the southern boundary of the South Fork Eel Wilderness to the northern boundary of the South Fork Eel Wilderness in section 29, T. 23 N., R. 16 W., as a wild river.

“(255) ELDER CREEK.—The following segments to be administered by the Secretary of the Interior through a cooperative management agreement with the State of California:

“(A) The 3.6-mile segment from its source north of Signal Peak in section 6, T. 21 N., R. 15 W. to the confluence with the unnamed tributary near the center of section 28, T. 22 N., R. 16 W., as a wild river.

“(B) The 1.3-mile segment from the confluence with the unnamed tributary near the center of section 28, T. 22 N., R. 15 W. to the confluence with the South Fork Eel River, as a recreational river.

“(C) The 2.1-mile segment of Paralyze Canyon from its source south of Signal Peak in section 7, T. 21 N., R. 15 W. to the confluence with Elder Creek, as a wild river.

“(256) CEDAR CREEK.—The following segments to be administered as a wild river by the Secretary of the Interior:

“(A) The 7.7-mile segment from its source in section 22, T. 24 N., R. 16 W. to the southern boundary of the Red Mountain unit of the South Fork Eel Wilderness.

“(B) The 1.9-mile segment of North Fork Cedar Creek from its source in section 28, T. 24 N., R. 16 E. to the confluence with Cedar Creek.

“(257) EAST BRANCH SOUTH FORK EEL RIVER.—The following segments to be administered by the Secretary of the Interior as a scenic river on publication by the Secretary of a notice in the Federal Register that sufficient inholdings within the boundaries of the segments have been acquired in fee title or as scenic easements to establish a manageable addition to the system:

“(A) The 2.3-mile segment of Cruso Cabin Creek from the confluence of two unnamed tributaries in section 18, T. 24 N., R. 15 W. to the confluence with Elkhorn Creek.

“(B) The 1.8-mile segment of Elkhorn Creek from the confluence of two unnamed tributaries in section 22, T. 24 N., R. 16 W. to the confluence with Cruso Cabin Creek.

“(C) The 14.2-mile segment of the East Branch South Fork Eel River from the confluence of Cruso Cabin and Elkhorn Creeks to the confluence with Rays Creek.

“(D) The 1.7-mile segment of the unnamed tributary from its source on the north flank of Red Mountain’s north ridge in section 2, T. 24 N., R. 17 W. to the confluence with the East Branch South Fork Eel River.

“(E) The 1.3-mile segment of the unnamed tributary from its source on the north flank of Red Mountain’s north ridge in section 1, T. 24 N., R. 17 W. to the confluence with the East Branch South Fork Eel River.

“(F) The 1.8-mile segment of Tom Long Creek from the confluence with the unnamed tributary in section 12, T. 5 S., R. 4 E. to the confluence with the East Branch South Fork Eel River.

“(258) MATTOLE RIVER ESTUARY.—The 1.5-mile segment from the confluence of Stansberry Creek to the Pacific Ocean, to be administered as a recreational river by the Secretary of the Interior.

“(259) HONEYDEW CREEK.—The following segments to be administered as a wild river by the Secretary of the Interior:

“(A) The 5.1-mile segment of Honeydew Creek from its source in the southwest corner of section 25, T. 3 S., R. 1 W. to the eastern boundary of the King Range National Conservation Area in section 18, T. 3 S., R. 1 E.

“(B) The 2.8-mile segment of West Fork Honeydew Creek from its source west of North Slide Peak to the confluence with Honeydew Creek.

“(C) The 2.7-mile segment of Upper East Fork Honeydew Creek from its source in section 23, T. 3 S., R. 1 W. to the confluence with Honeydew Creek.

“(260) BEAR CREEK.—The following segments to be administered by the Secretary of the Interior:

“(A) The 1.9-mile segment of North Fork Bear Creek from the confluence with the unnamed tributary immediately downstream of the Horse Mountain Road crossing to the confluence with the South Fork, as a scenic river.

“(B) The 6.1-mile segment of South Fork Bear Creek from the confluence in section 2, T. 5 S., R. 1 W. with the unnamed tributary flowing from the southwest flank of Queen Peak to the confluence with the North Fork, as a scenic river.

“(C) The 3-mile segment of Bear Creek from the confluence of the North and South Forks to the southern boundary of section 11, T. 4 S., R. 1 E., as a wild river.

“(261) GITCHELL CREEK.—The 3-mile segment of Gitchell Creek from its source near Saddle Mountain to the Pacific Ocean to be administered by the Secretary of the Interior as a wild river.

“(262) BIG FLAT CREEK.—The following segments to be administered by the Secretary of the Interior as a wild river:

“(A) The 4-mile segment of Big Flat Creek from its source near King Peak in section 36, T. 3 S., R. 1 W. to the Pacific Ocean.

“(B) The .8-mile segment of the unnamed tributary from its source in section 35, T. 3 S., R. 1 W. to the confluence with Big Flat Creek.

“(C) The 2.7-mile segment of North Fork Big Flat Creek from the source in section 34, T. 3 S., R. 1 W. to the confluence with Big Flat Creek.

“(263) BIG CREEK.—The following segments to be administered by the Secretary of the Interior as wild rivers:

“(A) The 2.7-mile segment of Big Creek from its source in section 26, T. 3 S., R. 1 W. to the Pacific Ocean.

“(B) The 1.9-mile unnamed southern tributary from its source in section 25, T. 3 S., R. 1 W. to the confluence with Big Creek.

“(264) ELK CREEK.—The 11.4-mile segment from its confluence with Lookout Creek to its confluence with Deep Hole Creek, to be jointly administered by the Secretaries of Agriculture and the Interior, as a wild river.

“(265) EDEN CREEK.—The 2.7-mile segment from the private property boundary in the northwest quarter of section 27, T. 21 N., R. 12 W. to the eastern boundary of section 23, T. 21 N., R. 12 W., to be administered by the Secretary of the Interior as a wild river.

“(266) DEEP HOLE CREEK.—The 4.3-mile segment from the private property boundary in the southwest quarter of section 13, T. 20 N., R. 12 W. to the confluence with Elk Creek, to be administered by the Secretary of the Interior as a wild river.

“(267) INDIAN CREEK.—The 3.3-mile segment from 300 feet downstream of the jeep trail in section 13, T. 20 N., R. 13 W. to the confluence with the Eel River, to be administered by the Secretary of the Interior as a wild river.

“(268) FISH CREEK.—The 4.2-mile segment from the source at Buckhorn Spring to the confluence with the Eel River, to be administered by the Secretary of the Interior as a wild river.”.

SEC. 235. Sanhedrin Special Conservation Management Area.

(a) Establishment.—Subject to valid existing rights, there is established the Sanhedrin Special Conservation Management Area (referred to in this section as the “conservation management area”), comprising approximately 14,177 acres of Federal land administered by the Forest Service in Mendocino County, California, as generally depicted on the map entitled “Sanhedrin Special Conservation Management Area—Proposed” and dated April 12, 2017.

(b) Purposes.—The purposes of the conservation management area are to—

(1) conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, roadless, cultural, historical, natural, educational, and scientific resources of the conservation management area;

(2) protect and restore late-successional forest structure, oak woodlands and grasslands, aquatic habitat, and anadromous fisheries within the conservation management area;

(3) protect and restore the wilderness character of the conservation management area; and

(4) allow visitors to enjoy the scenic, natural, cultural, and wildlife values of the conservation management area.

(1) IN GENERAL.—The Secretary shall manage the conservation management area—

(A) in a manner consistent with the purposes described in subsection (b); and

(B) in accordance with—

(i) the laws (including regulations) generally applicable to the National Forest System;

(ii) this section; and

(iii) any other applicable law (including regulations).

(2) USES.—The Secretary shall only allow uses of the conservation management area that the Secretary determines would further the purposes described in subsection (b).

(d) Motorized vehicles.—

(1) IN GENERAL.—Except as provided in paragraph (3), the use of motorized vehicles in the conservation management area shall be permitted only on existing roads, trails, and areas designated for use by such vehicles as of the date of enactment of this Act.

(2) NEW OR TEMPORARY ROADS.—Except as provided in paragraph (3), no new or temporary roads shall be constructed within the conservation management area.

(3) EXCEPTION.—Nothing in paragraph (1) or (2) prevents the Secretary from—

(A) rerouting or closing an existing road or trail to protect natural resources from degradation, or to protect public safety, as determined to be appropriate by the Secretary;

(B) designating routes of travel on lands acquired by the Secretary and incorporated into the conservation management area if the designations are—

(i) consistent with the purposes described in subsection (b); and

(ii) completed, to the maximum extent practicable, within 3 years of the date of acquisition;

(C) constructing a temporary road on which motorized vehicles are permitted as part of a vegetation management project carried out in accordance with subsection (e);

(D) authorizing the use of motorized vehicles for administrative purposes; or

(E) responding to an emergency.

(4) DECOMMISSIONING OF TEMPORARY ROADS.—

(A) REQUIREMENT.—The Secretary shall decommission any temporary road constructed under paragraph (3)(C) not later than 3 years after the date on which the applicable vegetation management project is completed.

(B) DEFINITION.—As used in subparagraph (A), the term “decommission” means—

(i) to reestablish vegetation on a road; and

(e) Timber harvest.—

(1) IN GENERAL.—Except as provided in paragraph (2), no harvesting of timber shall be allowed within the conservation management area.

(2) EXCEPTIONS.—The Secretary may authorize harvesting of timber in the conservation management area—

(A) if the Secretary determines that the harvesting is necessary to further the purposes of the conservation management area;

(B) in a manner consistent with the purposes described in subsection (b); and

(i) such reasonable regulations, policies, and practices as the Secretary determines appropriate; and

(ii) all applicable laws (including regulations).

(f) Grazing.—The grazing of livestock in the conservation management area, where established before the date of enactment of this Act, shall be permitted to continue—

(1) subject to—

(A) such reasonable regulations, policies, and practices as the Secretary considers necessary; and

(B) applicable law (including regulations); and

(2) in a manner consistent with the purposes described in subsection (b).

(g) Wildfire, insect, and disease management.—Consistent with this section, the Secretary may take any measures within the conservation management area that the Secretary determines to be necessary to control fire, insects, and diseases, including the coordination of those activities with a State or local agency.

(h) Acquisition and incorporation of land and interests in land.—

(1) ACQUISITION AUTHORITY.—In accordance with applicable laws (including regulations), the Secretary may acquire any land or interest in land within or adjacent to the boundaries of the conservation management area by purchase from willing sellers, donation, or exchange.

(2) INCORPORATION.—Any land or interest in land acquired by the Secretary under paragraph (1) shall be—

(A) incorporated into, and administered as part of, the conservation management area; and

(B) withdrawn in accordance with subsection (i).

(i) Withdrawal.—Subject to valid existing rights, all Federal land located in the conservation management area is withdrawn from—

(1) all forms of entry, appropriation, and disposal under the public land laws;

(2) location, entry, and patenting under the mining laws; and

(3) operation of the mineral leasing, mineral materials, and geothermal leasing laws.

SEC. 241. Maps and legal descriptions.

(a) In general.—As soon as practicable after the date of enactment of this Act, the Secretary shall prepare maps and legal descriptions of the—

(1) wilderness areas and wilderness additions designated by section 231;

(2) potential wilderness areas designated by section 233;

(3) South Fork Trinity-Mad River Restoration Area;

(4) Horse Mountain Special Management Area; and

(5) Sanhedrin Special Conservation Management Area.

(b) Submission of maps and legal descriptions.—The Secretary shall file the maps and legal descriptions prepared under subsection (a) with—

(1) the Committee on Natural Resources of the House of Representatives; and

(2) the Committee on Energy and Natural Resources of the Senate.

(c) Force of law.—The maps and legal descriptions prepared under subsection (a) shall have the same force and effect as if included in this title, except that the Secretary may correct any clerical and typographical errors in the maps and legal descriptions.

(d) Public availability.—The maps and legal descriptions prepared under subsection (a) shall be on file and available for public inspection in the appropriate offices of the Forest Service, Bureau of Land Management, and National Park Service.

SEC. 242. Updates to land and resource management plans.

As soon as practicable, in accordance with applicable laws (including regulations), the Secretary shall incorporate the designations and studies required by this title into updated management plans for units covered by this title.

SEC. 243. Pacific Gas and Electric Company Utility facilities and rights-of-way.

(a) Effect of Act.—Nothing in this title—

(1) affects any validly issued right-of-way for the customary operation, maintenance, upgrade, repair, relocation within an existing right-of-way, replacement, or other authorized activity (including the use of any mechanized vehicle, helicopter, and other aerial device) in a right-of-way acquired by or issued, granted, or permitted to Pacific Gas and Electric Company (including any predecessor or successor in interest or assign) that is located on land included in the South Fork Trinity—Mad River Restoration Area, Bigfoot National Recreation Trail, Sanhedrin Special Conservation Management Area, and Horse Mountain Special Management Area; or

(2) prohibits the upgrading or replacement of any—

(A) utility facilities of the Pacific Gas and Electric Company, including those utility facilities known on the date of enactment of this Act within the—

(i) South Fork Trinity—Mad River Restoration Area known as—

(I) Gas Transmission Line 177A or rights-of-way;

(II) Gas Transmission Line DFM 1312–02 or rights-of-way;

(III) Electric Transmission Line Bridgeville—Cottonwood 115 kV or rights-of-way;

(IV) Electric Transmission Line Humboldt—Trinity 60 kV or rights-of-way;

(V) Electric Transmission Line Humboldt—Trinity 115 kV or rights-of-way;

(VI) Electric Transmission Line Maple Creek—Hoopa 60 kV or rights-of-way;

(VII) Electric Distribution Line—Willow Creek 1101 12 kV or rights-of-way;

(VIII) Electric Distribution Line—Willow Creek 1103 12 kV or rights-of-way;

(IX) Electric Distribution Line—Low Gap 1101 12 kV or rights-of-way;

(X) Electric Distribution Line—Fort Seward 1121 12 kV or rights-of-way;

(XI) Forest Glen Border District Regulator Station or rights-of-way;

(XII) Durret District Gas Regulator Station or rights-of-way;

(XIII) Gas Distribution Line 4269C or rights-of-way;

(XIV) Gas Distribution Line 43991 or rights-of-way;

(XV) Gas Distribution Line 4993D or rights-of-way;

(XVI) Sportsmans Club District Gas Regulator Station or rights-of-way;

(XVII) Highway 36 and Zenia District Gas Regulator Station or rights-of-way;

(XVIII) Dinsmore Lodge 2nd Stage Gas Regulator Station or rights-of-way;

(XIX) Electric Distribution Line—Wildwood 1101 12kV or rights-of-way;

(XX) Low Gap Substation;

(XXI) Hyampom Switching Station; or

(XXII) Wildwood Substation;

(ii) Bigfoot National Recreation Trail known as—

(I) Gas Transmission Line 177A or rights-of-way;

(II) Electric Transmission Line Humboldt—Trinity 115 kV or rights-of-way;

(III) Electric Transmission Line Bridgeville—Cottonwood 115 kV or rights-of-way; or

(IV) Electric Transmission Line Humboldt—Trinity 60 kV or rights-of-way;

(iii) Sanhedrin Special Conservation Management Area known as, Electric Distribution Line—Willits 1103 12 kV or rights-of-way; or

(iv) Horse Mountain Special Management Area known as, Electric Distribution Line Willow Creek 1101 12 kV or rights-of-way; or

(B) utility facilities of the Pacific Gas and Electric Company in rights-of-way issued, granted, or permitted by the Secretary adjacent to a utility facility referred to in paragraph (1).

(b) Plans for access.—Not later than 1 year after the date of enactment of this subtitle or the issuance of a new utility facility right-of-way within the South Fork Trinity—Mad River Restoration Area, Bigfoot National Recreation Trail, Sanhedrin Special Conservation Management Area, and Horse Mountain Special Management Area, whichever is later, the Secretary, in consultation with the Pacific Gas and Electric Company, shall publish plans for regular and emergency access by the Pacific Gas and Electric Company to the rights-of-way of the Pacific Gas and Electric Company.

SEC. 301. Short title.

This title may be cited as the “Central Coast Heritage Protection Act”.

SEC. 302. Definitions.

In this title:

(1) SCENIC AREAS.—The term “scenic area” means a scenic area designated by section 308(a).

(2) SECRETARY.—The term “Secretary” means—

(A) with respect to land managed by the Bureau of Land Management, the Secretary of the Interior; and

(B) with respect to land managed by the Forest Service, the Secretary of Agriculture.

(3) STATE.—The term “State” means the State of California.

(4) WILDERNESS AREA.—The term “wilderness area” means a wilderness area or wilderness addition designated by section 303(a).

SEC. 303. Designation of wilderness.

(1) Certain land in the Bakersfield Field Office of the Bureau of Land Management comprising approximately 35,116 acres, as generally depicted on the map entitled “Proposed Caliente Mountain Wilderness” and dated November 13, 2019, which shall be known as the “Caliente Mountain Wilderness”.

(2) Certain land in the Bakersfield Field Office of the Bureau of Land Management comprising approximately 13,332 acres, as generally depicted on the map entitled “Proposed Soda Lake Wilderness” and dated June 25, 2019, which shall be known as the “Soda Lake Wilderness”.

(3) Certain land in the Bakersfield Field Office of the Bureau of Land Management comprising approximately 12,585 acres, as generally depicted on the map entitled “Proposed Temblor Range Wilderness” and dated June 25, 2019, which shall be known as the “Temblor Range Wilderness”.

(4) Certain land in the Los Padres National Forest comprising approximately 23,670 acres, as generally depicted on the map entitled “Chumash Wilderness Area Additions—Proposed” and dated March 29, 2019, which shall be incorporated into and managed as part of the Chumash Wilderness as designated by the Los Padres Condor Range and River Protection Act (Public Law 102–301; 106 Stat. 242).

(5) Certain land in the Los Padres National Forest comprising approximately 54,036 acres, as generally depicted on the maps entitled “Dick Smith Wilderness Area Additions—Proposed Map 1 of 2 (Bear Canyon and Cuyama Peak Units)” and “Dick Smith Wilderness Area Additions—Proposed Map 2 of 2 (Buckhorn and Mono Units)” and dated November 14, 2019, which shall be incorporated into and managed as part of the Dick Smith Wilderness as designated by the California Wilderness Act of 1984 (Public Law 98–425; 16 U.S.C. 1132 note).

(6) Certain land in the Los Padres National Forest and the Bakersfield Field Office of the Bureau of Land Management comprising approximately 7,289 acres, as generally depicted on the map entitled “Garcia Wilderness Area Additions—Proposed” and dated March 29, 2019, which shall be incorporated into and managed as part of the Garcia Wilderness as designated by the Los Padres Condor Range and River Protection Act (Public Law 102–301; 106 Stat. 242).

(7) Certain land in the Los Padres National Forest and the Bakersfield Field Office of the Bureau of Land Management comprising approximately 8,774 acres, as generally depicted on the map entitled “Machesna Mountain Wilderness—Proposed Additions” and dated October 30, 2019, which shall be incorporated into and managed as part of the Machesna Mountain Wilderness as designated by the California Wilderness Act of 1984 (Public Law 98–425; 16 U.S.C. 1132 note).

(8) Certain land in the Los Padres National Forest comprising approximately 30,184 acres, as generally depicted on the map entitled “Matilija Wilderness Area Additions—Proposed” and dated March 29, 2019, which shall be incorporated into and managed as part of the Matilija Wilderness as designated by the Los Padres Condor Range and River Protection Act (Public Law 102–301; 106 Stat. 242).

(9) Certain land in the Los Padres National Forest comprising approximately 23,969 acres, as generally depicted on the map entitled “San Rafael Wilderness Area Additions—Proposed” and dated March 29, 2019, which shall be incorporated into and managed as part of the San Rafael Wilderness as designated by Public Law 90–271 (82 Stat. 51), the California Wilderness Act of 1984 (Public Law 98–425; 16 U.S.C. 1132 note), and the Los Padres Condor Range and River Protection Act (Public Law 102–301; 106 Stat. 242).

(10) Certain land in the Los Padres National Forest comprising approximately 2,921 acres, as generally depicted on the map entitled “Santa Lucia Wilderness Area Additions—Proposed” and dated March 29, 2019, which shall be incorporated into and managed as part of the Santa Lucia Wilderness as designated by the Endangered American Wilderness Act of 1978 (Public Law 95–237; 16 U.S.C. 1132 note).

(11) Certain land in the Los Padres National Forest comprising approximately 14,313 acres, as generally depicted on the map entitled “Sespe Wilderness Area Additions—Proposed” and dated March 29, 2019, which shall be incorporated into and managed as part of the Sespe Wilderness as designated by the Los Padres Condor Range and River Protection Act (Public Law 102–301; 106 Stat. 242).

(12) Certain land in the Los Padres National Forest comprising approximately 17,870 acres, as generally depicted on the map entitled “Diablo Caliente Wilderness Area—Proposed” and dated March 29, 2019, which shall be known as the “Diablo Caliente Wilderness”.

(b) Maps and legal descriptions.—

(1) IN GENERAL.—As soon as practicable after the date of enactment of this Act, the Secretary shall file maps and legal descriptions of the wilderness areas with—

(A) the Committee on Energy and Natural Resources of the Senate; and

(B) the Committee on Natural Resources of the House of Representatives.

(2) FORCE OF LAW.—The maps and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct any clerical and typographical errors in the maps and legal descriptions.

(3) PUBLIC AVAILABILITY.—The maps and legal descriptions filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service and Bureau of Land Management.

SEC. 304. Designation of the Machesna Mountain Potential Wilderness.

(a) Designation.—In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the Los Padres National Forest comprising approximately 2,359 acres, as generally depicted on the map entitled “Machesna Mountain Potential Wilderness” and dated March 29, 2019, is designated as the Machesna Mountain Potential Wilderness Area.

(b) Map and legal description.—

(1) IN GENERAL.—As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Machesna Mountain Potential Wilderness Area (referred to in this section as the “potential wilderness area”) with—

(A) the Committee on Energy and Natural Resources of the Senate; and

(B) the Committee on Natural Resources of the House of Representatives.

(2) FORCE OF LAW.—The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct any clerical and typographical errors in the map and legal description.

(3) PUBLIC AVAILABILITY.—The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service.

(c) Management.—Except as provided in subsection (d) and subject to valid existing rights, the Secretary shall manage the potential wilderness area in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.).

(d) Trail use, construction, reconstruction, and realignment.—

(1) IN GENERAL.—In accordance with paragraph (2), the Secretary may reconstruct, realign, or reroute the Pine Mountain Trail.

(2) REQUIREMENT.—In carrying out the reconstruction, realignment, or rerouting under paragraph (1), the Secretary shall—

(A) comply with all existing laws (including regulations); and

(B) to the maximum extent practicable, use the minimum tool or administrative practice necessary to accomplish the reconstruction, realignment, or rerouting with the least amount of adverse impact on wilderness character and resources.

(3) MOTORIZED VEHICLES AND MACHINERY.—In accordance with paragraph (2), the Secretary may use motorized vehicles and machinery to carry out the trail reconstruction, realignment, or rerouting authorized by this subsection.

(4) MOTORIZED AND MECHANIZED VEHICLES.—The Secretary may permit the use of motorized and mechanized vehicles on the existing Pine Mountain Trail in accordance with existing law (including regulations) and this subsection until such date as the potential wilderness area is designated as wilderness in accordance with subsection (h).

(e) Withdrawal.—Subject to valid existing rights, the Federal land in the potential wilderness area is withdrawn from all forms of—

(1) entry, appropriation, or disposal under the public land laws;

(2) location, entry, and patent under the mining laws; and

(3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.

(f) Cooperative agreements.—In carrying out this section, the Secretary may enter into cooperative agreements with State, Tribal, and local governmental entities and private entities to complete the trail reconstruction, realignment, or rerouting authorized by subsection (d).

(g) Boundaries.—The Secretary shall modify the boundary of the potential wilderness area to exclude any area within 150 feet of the centerline of the new location of any trail that has been reconstructed, realigned, or rerouted under subsection (d).

(h) Wilderness designation.—

(1) IN GENERAL.—The potential wilderness area, as modified under subsection (g), shall be designated as wilderness and as a component of the National Wilderness Preservation System on the earlier of—

(A) the date on which the Secretary publishes in the Federal Register notice that the trail reconstruction, realignment, or rerouting authorized by subsection (d) has been completed; or

(B) the date that is 20 years after the date of enactment of this Act.

(2) ADMINISTRATION OF WILDERNESS.—On designation as wilderness under this section, the potential wilderness area shall be—

(A) incorporated into the Machesna Mountain Wilderness Area, as designated by the California Wilderness Act of 1984 (Public Law 98–425; 16 U.S.C. 1132 note) and expanded by section 303; and

(B) administered in accordance with section 305 and the Wilderness Act (16 U.S.C. 1131 et seq.).

SEC. 305. Administration of wilderness.

(a) In general.—Subject to valid existing rights, the wilderness areas shall be administered by the Secretary in accordance with this title and the Wilderness Act (16 U.S.C. 1131 et seq.), except that—

(1) any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) 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 the Wilderness Act (16 U.S.C. 1131 et seq.) to the Secretary of Agriculture shall be considered to be a reference to the Secretary that has jurisdiction over the wilderness area.

(b) Fire management and related activities.—

(1) IN GENERAL.—The Secretary may take any measures in a wilderness area as are necessary for the control of fire, insects, and diseases in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and House Report 98–40 of the 98th Congress.

(2) FUNDING PRIORITIES.—Nothing in this title limits funding for fire and fuels management in the wilderness areas.

(3) REVISION AND DEVELOPMENT OF LOCAL FIRE MANAGEMENT PLANS.—As soon as practicable after the date of enactment of this Act, the Secretary shall amend the local information in the Fire Management Reference System or individual operational plans that apply to the land designated as a wilderness area.

(4) ADMINISTRATION.—Consistent with paragraph (1) and other applicable Federal law, to ensure a timely and efficient response to fire emergencies in the wilderness areas, the Secretary shall enter into agreements with appropriate State or local firefighting agencies.

(c) Grazing.—The grazing of livestock in the wilderness areas, if established before the date of enactment of this Act, shall be permitted to continue, subject to any reasonable regulations as the Secretary considers necessary in accordance with—

(1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4));

(2) the guidelines set forth in Appendix A of House Report 101–405, accompanying H.R. 2570 of the 101st Congress for land under the jurisdiction of the Secretary of the Interior;

(3) the guidelines set forth in House Report 96–617, accompanying H.R. 5487 of the 96th Congress for land under the jurisdiction of the Secretary of Agriculture; and

(4) all other laws governing livestock grazing on Federal public land.

(d) Fish and wildlife.—

(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 that are necessary to maintain or restore fish and wildlife populations and habitats in the wilderness areas, if the management activities are—

(A) consistent with relevant wilderness management plans;

(B) conducted in accordance with appropriate policies, such as the policies established in Appendix B of House Report 101–405; and

(C) in accordance with memoranda of understanding between the Federal agencies and the State Department of Fish and Wildlife.

(e) Buffer zones.—

(1) IN GENERAL.—Congress does not intend for the designation of wilderness areas by this title to lead to the creation of protective perimeters or buffer zones around each wilderness area.

(f) Military activities.—Nothing in this title precludes—

(1) low-level overflights of military aircraft over the wilderness areas;

(2) the designation of new units of special airspace over the wilderness areas; or

(3) the use or establishment of military flight training routes over wilderness areas.

(g) Horses.—Nothing in this title precludes horseback riding in, or the entry of recreational saddle or pack stock into, a wilderness area—

(1) in accordance with section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)); and

(2) subject to any terms and conditions determined to be necessary by the Secretary.

(h) Withdrawal.—Subject to valid existing rights, the wilderness areas are withdrawn from—

(1) all forms of entry, appropriation, and disposal under the public land laws;

(2) location, entry, and patent under the mining laws; and

(3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.

(i) Incorporation of acquired land and interests.—Any land within the boundary of a wilderness area that is acquired by the United States shall—

(1) become part of the wilderness area in which the land is located; and

(2) be managed in accordance with—

(A) this section;

(B) the Wilderness Act (16 U.S.C. 1131 et seq.); and

(j) Climatological data collection.—In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and subject to terms and conditions as the Secretary may prescribe, the Secretary may authorize the installation and maintenance of hydrologic, meteorologic, or climatological collection devices in the wilderness areas if the Secretary determines that the facilities and access to the facilities are essential to flood warning, flood control, or water reservoir operation activities.

SEC. 306. Designation of Wild and Scenic Rivers.

(a) Indian creek, mono creek, and matilija creek, california.—Section 3(a) of the National Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following:

“(231) INDIAN CREEK, CALIFORNIA.—The following segments of Indian Creek in the State of California, to be administered by the Secretary of Agriculture:

“(A) The 9.5-mile segment of Indian Creek from its source in sec. 19, T. 7 N., R. 26 W., to the Dick Smith Wilderness boundary, as a wild river.

“(B) The 1-mile segment of Indian Creek from the Dick Smith Wilderness boundary to 0.25 miles downstream of Road 6N24, as a scenic river.

“(C) The 3.9-mile segment of Indian Creek from 0.25 miles downstream of Road 6N24 to the southern boundary of sec. 32, T. 6 N., R. 26 W., as a wild river.

“(232) MONO CREEK, CALIFORNIA.—The following segments of Mono Creek in the State of California, to be administered by the Secretary of Agriculture:

“(A) The 4.2-mile segment of Mono Creek from its source in sec. 1, T. 7 N., R. 26 W., to 0.25 miles upstream of Don Victor Fire Road in sec. 28, T. 7 N., R. 25 W., as a wild river.

“(B) The 2.1-mile segment of Mono Creek from 0.25 miles upstream of the Don Victor Fire Road in sec. 28, T. 7 N., R. 25 W., to 0.25 miles downstream of Don Victor Fire Road in sec. 34, T. 7 N., R. 25 W., as a recreational river.

“(C) The 14.7-mile segment of Mono Creek from 0.25 miles downstream of Don Victor Fire Road in sec. 34, T. 7 N., R. 25 W., to the Ogilvy Ranch private property boundary in sec. 22, T. 6 N., R. 26 W., as a wild river.

“(D) The 3.5-mile segment of Mono Creek from the Ogilvy Ranch private property boundary to the southern boundary of sec. 33, T. 6 N., R. 26 W., as a recreational river.

“(233) MATILIJA CREEK, CALIFORNIA.—The following segments of Matilija Creek in the State of California, to be administered by the Secretary of Agriculture:

“(A) The 7.2-mile segment of the Matilija Creek from its source in sec. 25, T. 6 N., R. 25 W., to the private property boundary in sec. 9, T. 5 N., R. 24 W., as a wild river.

“(B) The 7.25-mile segment of the Upper North Fork Matilija Creek from its source in sec. 36, T. 6 N., R. 24 W., to the Matilija Wilderness boundary, as a wild river.”.

(b) Sespe creek, california.—Section 3(a) of the National Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (142) and inserting the following:

“(142) SESPE CREEK, CALIFORNIA.—The following segments of Sespe Creek in the State of California, to be administered by the Secretary of Agriculture:

“(A) The 2.7-mile segment of Sespe Creek from the private property boundary in sec. 10, T. 6 N., R. 24 W., to the Hartman Ranch private property boundary in sec. 14, T. 6 N., R. 24 W., as a wild river.

“(B) The 15-mile segment of Sespe Creek from the Hartman Ranch private property boundary in sec. 14, T. 6 N., R. 24 W., to the western boundary of sec. 6, T. 5 N., R. 22 W., as a recreational river.

“(C) The 6.1-mile segment of Sespe Creek from the western boundary of sec. 6, T. 5 N., R. 22 W., to the confluence with Trout Creek, as a scenic river.

“(D) The 28.6-mile segment of Sespe Creek from the confluence with Trout Creek to the southern boundary of sec. 35, T. 5 N., R. 20 W., as a wild river.”.

(c) Sisquoc river, california.—Section 3(a) of the National Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (143) and inserting the following:

“(143) SISQUOC RIVER, CALIFORNIA.—The following segments of the Sisquoc River and its tributaries in the State of California, to be administered by the Secretary of Agriculture:

“(A) The 33-mile segment of the main stem of the Sisquoc River extending from its origin downstream to the Los Padres Forest boundary, as a wild river.

“(B) The 4.2-mile segment of the South Fork Sisquoc River from its source northeast of San Rafael Mountain in sec. 2, T. 7 N., R. 28 W., to its confluence with the Sisquoc River, as a wild river.

“(C) The 10.4-mile segment of Manzana Creek from its source west of San Rafael Peak in sec. 4, T. 7 N., R. 28 W., to the San Rafael Wilderness boundary upstream of Nira Campground, as a wild river.

“(D) The 0.6-mile segment of Manzana Creek from the San Rafael Wilderness boundary upstream of the Nira Campground to the San Rafael Wilderness boundary downstream of the confluence of Davy Brown Creek, as a recreational river.

“(E) The 5.8-mile segment of Manzana Creek from the San Rafael Wilderness boundary downstream of the confluence of Davy Brown Creek to the private property boundary in sec. 1, T. 8 N., R. 30 W., as a wild river.

“(F) The 3.8-mile segment of Manzana Creek from the private property boundary in sec. 1, T. 8 N., R. 30 W., to the confluence of the Sisquoc River, as a recreational river.

“(G) The 3.4-mile segment of Davy Brown Creek from its source west of Ranger Peak in sec. 32, T. 8 N., R. 29 W., to 300 feet upstream of its confluence with Munch Canyon, as a wild river.

“(H) The 1.4-mile segment of Davy Brown Creek from 300 feet upstream of its confluence with Munch Canyon to its confluence with Manzana Creek, as a recreational river.

“(I) The 2-mile segment of Munch Canyon from its source north of Ranger Peak in sec. 33, T. 8 N., R. 29 W., to 300 feet upstream of its confluence with Sunset Valley Creek, as a wild river.

“(J) The 0.5-mile segment of Munch Canyon from 300 feet upstream of its confluence with Sunset Valley Creek to its confluence with Davy Brown Creek, as a recreational river.

“(K) The 2.6-mile segment of Fish Creek from 500 feet downstream of Sunset Valley Road to its confluence with Manzana Creek, as a wild river.

“(L) The 1.5-mile segment of East Fork Fish Creek from its source in sec. 26, T. 8 N., R. 29 W., to its confluence with Fish Creek, as a wild river.”.

(d) Piru creek, california.—Section 3(a) of the National Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (199) and inserting the following:

“(199) PIRU CREEK, CALIFORNIA.—The following segments of Piru Creek in the State of California, to be administered by the Secretary of Agriculture:

“(A) The 9.1-mile segment of Piru Creek from its source in sec. 3, T. 6 N., R. 22 W., to the private property boundary in sec. 4, T. 6 N., R. 21 W., as a wild river.

“(B) The 17.2-mile segment of Piru Creek from the private property boundary in sec. 4, T. 6 N., R. 21 W., to 0.25 miles downstream of the Gold Hill Road, as a scenic river.

“(C) The 4.1-mile segment of Piru Creek from 0.25 miles downstream of Gold Hill Road to the confluence with Trail Canyon, as a wild river.

“(D) The 7.25-mile segment of Piru Creek from the confluence with Trail Canyon to the confluence with Buck Creek, as a scenic river.

“(E) The 3-mile segment of Piru Creek from 0.5 miles downstream of Pyramid Dam at the first bridge crossing to the boundary of the Sespe Wilderness, as a recreational river.

“(F) The 13-mile segment of Piru Creek from the boundary of the Sespe Wilderness to the boundary of the Sespe Wilderness, as a wild river.

“(G) The 2.2-mile segment of Piru Creek from the boundary of the Sespe Wilderness to the upper limit of Piru Reservoir, as a recreational river.”.

(e) Effect.—The designation of additional miles of Piru Creek under subsection (d) shall not affect valid water rights in existence on the date of enactment of this Act.

(f) Motorized use of trails.—Nothing in this section (including the amendments made by this section) affects the motorized use of trails designated by the Forest Service for motorized use that are located adjacent to and crossing upper Piru Creek, if the use is consistent with the protection and enhancement of river values under the National Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.).

SEC. 307. Designation of the Fox Mountain Potential Wilderness.

(a) Designation.—In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the Los Padres National Forest comprising approximately 41,082 acres, as generally depicted on the map entitled “Fox Mountain Potential Wilderness Area” and dated November 14, 2019, is designated as the Fox Mountain Potential Wilderness Area.

(b) Map and legal description.—

(1) IN GENERAL.—As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture shall file a map and a legal description of the Fox Mountain Potential Wilderness Area (referred to in this section as the “potential wilderness area”) with—

(A) the Committee on Energy and Natural Resources of the Senate; and

(B) the Committee on Natural Resources of the House of Representatives.

(2) FORCE OF LAW.—The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary of Agriculture may correct any clerical and typographical errors in the map and legal description.

(3) PUBLIC AVAILABILITY.—The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service.

(d) Trail use construction, reconstruction, and realignment.—

(1) IN GENERAL.—In accordance with paragraph (2), the Secretary of Agriculture may—

(A) construct a new trail for use by hikers, equestrians, and mechanized vehicles that connects the Aliso Park Campground to the Bull Ridge Trail; and

(B) reconstruct or realign—

(i) the Bull Ridge Trail; and

(ii) the Rocky Ridge Trail.

(2) REQUIREMENT.—In carrying out the construction, reconstruction, or alignment under paragraph (1), the Secretary shall—

(A) comply with all existing laws (including regulations); and

(B) to the maximum extent practicable, use the minimum tool or administrative practice necessary to accomplish the construction, reconstruction, or alignment with the least amount of adverse impact on wilderness character and resources.

(3) MOTORIZED VEHICLES AND MACHINERY.—In accordance with paragraph (2), the Secretary may use motorized vehicles and machinery to carry out the trail construction, reconstruction, or realignment authorized by this subsection.

(4) MECHANIZED VEHICLES.—The Secretary may permit the use of mechanized vehicles on the existing Bull Ridge Trail and Rocky Ridge Trail in accordance with existing law (including regulations) and this subsection until such date as the potential wilderness area is designated as wilderness in accordance with subsection (h).

(e) Withdrawal.—Subject to valid existing rights, the Federal land in the potential wilderness area is withdrawn from all forms of—

(1) entry, appropriation, or disposal under the public land laws;

(2) location, entry, and patent under the mining laws; and

(3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.

(f) Cooperative agreements.—In carrying out this section, the Secretary may enter into cooperative agreements with State, Tribal, and local governmental entities and private entities to complete the trail construction, reconstruction, and realignment authorized by subsection (d).

(g) Boundaries.—The Secretary shall modify the boundary of the potential wilderness area to exclude any area within 50 feet of the centerline of the new location of any trail that has been constructed, reconstructed, or realigned under subsection (d).

(h) Wilderness designation.—

(A) the date on which the Secretary publishes in the Federal Register notice that the trail construction, reconstruction, or alignment authorized by subsection (d) has been completed; or

(B) the date that is 20 years after the date of enactment of this Act.

(2) ADMINISTRATION OF WILDERNESS.—On designation as wilderness under this section, the potential wilderness area shall be—

(A) incorporated into the San Rafael Wilderness, as designated by Public Law 90–271 (82 Stat. 51), the California Wilderness Act of 1984 (Public Law 98–425; 16 U.S.C. 1132 note), and the Los Padres Condor Range and River Protection Act (Public Law 102–301; 106 Stat. 242), and section 303; and

(B) administered in accordance with section 305 and the Wilderness Act (16 U.S.C. 1131 et seq.).

SEC. 308. Designation of scenic areas.

(a) In general.—Subject to valid existing rights, there are established the following scenic areas:

(1) CONDOR RIDGE SCENIC AREA.—Certain land in the Los Padres National Forest comprising approximately 18,666 acres, as generally depicted on the map entitled “Condor Ridge Scenic Area—Proposed” and dated March 29, 2019, which shall be known as the “Condor Ridge Scenic Area”.

(2) BLACK MOUNTAIN SCENIC AREA.—Certain land in the Los Padres National Forest and the Bakersfield Field Office of the Bureau of Land Management comprising approximately 16,216 acres, as generally depicted on the map entitled “Black Mountain Scenic Area—Proposed” and dated March 29, 2019, which shall be known as the “Black Mountain Scenic Area”.

(b) Maps and legal descriptions.—

(1) IN GENERAL.—As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture shall file a map and legal description of the Condor Ridge Scenic Area and Black Mountain Scenic Area with—

(A) the Committee on Energy and Natural Resources of the Senate; and

(B) the Committee on Natural Resources of the House of Representatives.

(2) FORCE OF LAW.—The maps and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary of Agriculture may correct any clerical and typographical errors in the maps and legal descriptions.

(c) Purpose.—The purpose of the scenic areas is to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the scenic areas.

(d) Management.—

(1) IN GENERAL.—The Secretary shall administer the scenic areas—

(A) in a manner that conserves, protects, and enhances the resources of the scenic areas, and in particular the scenic character attributes of the scenic areas; and

(B) in accordance with—

(i) this section;

(ii) the Federal Land Policy and Management Act (43 U.S.C. 1701 et seq.) for land under the jurisdiction of the Secretary of the Interior;

(iii) any laws (including regulations) relating to the National Forest System, for land under the jurisdiction of the Secretary of Agriculture; and

(iv) any other applicable law (including regulations).

(2) USES.—The Secretary shall only allow those uses of the scenic areas that the Secretary determines would further the purposes described in subsection (c).

(e) Withdrawal.—Subject to valid existing rights, the Federal land in the scenic areas is withdrawn from all forms of—

(1) entry, appropriation, or disposal under the public land laws;

(2) location, entry, and patent under the mining laws; and

(3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.

(f) Prohibited uses.—The following shall be prohibited on the Federal land within the scenic areas:

(1) Permanent roads.

(2) Permanent structures.

(3) Timber harvesting except when necessary for the purposes described in subsection (g).

(4) Transmission lines.

(5) Except as necessary to meet the minimum requirements for the administration of the scenic areas and to protect public health and safety—

(A) the use of motorized vehicles; or

(B) the establishment of temporary roads.

(6) Commercial enterprises, except as necessary for realizing the purposes of the scenic areas.

(g) Wildfire, insect, and disease management.—Consistent with this section, the Secretary may take any measures in the scenic areas that the Secretary determines to be necessary to control fire, insects, and diseases, including, as the Secretary determines to be appropriate, the coordination of those activities with the State or a local agency.

(h) Adjacent management.—The fact that an otherwise authorized activity or use can be seen or heard within a scenic area shall not preclude the activity or use outside the boundary of the scenic area.

SEC. 309. Condor National Scenic Trail.

(a) In general.—The contiguous trail established pursuant to this section shall be known as the “Condor National Scenic Trail” named after the California condor, a critically endangered bird species that lives along the extent of the trail corridor.

(b) Purpose.—The purposes of the Condor National Scenic Trail are to—

(1) provide a continual extended hiking corridor that connects the southern and northern portions of the Los Padres National Forest, spanning the entire length of the forest along the coastal mountains of southern and central California; and

(2) provide for the public enjoyment of the nationally significant scenic, historic, natural, and cultural qualities of the Los Padres National Forest.

(c) Amendment.—Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) is amended by adding at the end the following:

“(31) CONDOR NATIONAL SCENIC TRAIL.—

“(A) IN GENERAL.—The Condor National Scenic Trail, a trail extending approximately 400 miles from Lake Piru in the southern portion of the Los Padres National Forest to the Bottchers Gap Campground in northern portion of the Los Padres National Forest.

“(B) ADMINISTRATION.—The trail shall be administered by the Secretary of Agriculture, in consultation with—

“(i) other Federal, State, Tribal, regional, and local agencies;

“(ii) private landowners; and

“(iii) other interested organizations.

“(C) RECREATIONAL USES.—Notwithstanding section 7(c), the use of motorized vehicles on roads or trails included in the Condor National Scenic Trail on which motorized vehicles are permitted as of the date of enactment of this paragraph may be permitted.

“(D) PRIVATE PROPERTY RIGHTS.—

“(i) PROHIBITION.—The Secretary shall not acquire for the trail any land or interest in land outside the exterior boundary of any federally managed area without the consent of the owner of land or interest in land.

“(ii) EFFECT.—Nothing in this paragraph—

“(I) requires any private property owner to allow public access (including Federal, State, or local government access) to private property; or

“(II) modifies any provision of Federal, State, or local law with respect to public access to or use of private land.

“(E) REALIGNMENT.—The Secretary of Agriculture may realign segments of the Condor National Scenic Trail as necessary to fulfill the purposes of the trail.

“(F) MAP.—A map generally depicting the trail described in subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Forest Service.”.

(d) Study.—

(1) STUDY REQUIRED.—Not later than 3 years after the date of enactment of this Act, in accordance with this section, the Secretary of Agriculture shall conduct a study that—

(A) addresses the feasibility of, and alternatives for, connecting the northern and southern portions of the Los Padres National Forest by establishing a trail across the applicable portions of the northern and southern Santa Lucia Mountains of the southern California Coastal Range; and

(B) considers realignment of the trail or construction of new trail segments to avoid existing trail segments that currently allow motorized vehicles.

(2) CONTENTS.—In carrying out the study required by paragraph (1), the Secretary of Agriculture shall—

(A) conform to the requirements for national scenic trail studies described in section 5(b) of the National Trails System Act (16 U.S.C. 1244(b));

(B) provide for a continual hiking route through and connecting the southern and northern sections of the Los Padres National Forest;

(D) enhance connectivity with the overall National Forest trail system;

(E) consider new connectors and realignment of existing trails;

(F) emphasize safe and continuous public access, dispersal from high-use areas, and suitable water sources; and

(G) to the extent practicable, provide all-year use.

(3) ADDITIONAL REQUIREMENT.—In completing the study required by paragraph (1), the Secretary of Agriculture shall consult with—

(A) appropriate Federal, State, Tribal, regional, and local agencies;

(B) private landowners;

(D) members of the public.

(4) SUBMISSION.—The Secretary of Agriculture shall submit the study required by paragraph (1) to—

(A) the Committee on Natural Resources of the House of Representatives; and

(B) the Committee on Energy and Natural Resources of the Senate.

(5) ADDITIONS AND ALTERATIONS TO THE CONDOR NATIONAL SCENIC TRAIL.—

(A) IN GENERAL.—Upon completion of the study required by paragraph (1), if the Secretary of Agriculture determines that additional or alternative trail segments are feasible for inclusion in the Condor National Scenic Trail, the Secretary of Agriculture shall include those segments in the Condor National Scenic Trail.

(B) EFFECTIVE DATE.—Additions or alternations to the Condor National Scenic Trail shall be effective on the date the Secretary of Agriculture publishes in the Federal Register notice that the additional or alternative segments are included in the Condor National Scenic Trail.

(e) Cooperative agreements.—In carrying out this section (including the amendments made by this section), the Secretary of Agriculture may enter into cooperative agreements with State, Tribal, and local government entities and private entities to complete needed trail construction, reconstruction, and realignment projects authorized by this section (including the amendments made by this section).

SEC. 310. Forest service study.

Not later than 6 years after the date of enactment of this Act, the Secretary of Agriculture (acting through the Chief of the Forest Service) shall study the feasibility of opening a new trail, for vehicles measuring 50 inches or less, connecting Forest Service Highway 95 to the existing off-highway vehicle trail system in the Ballinger Canyon off-highway vehicle area.

SEC. 311. Nonmotorized recreation opportunities.

Not later than 6 years after the date of enactment of this Act, the Secretary of Agriculture, in consultation with interested parties, shall conduct a study to improve nonmotorized recreation trail opportunities (including mountain bicycling) on land not designated as wilderness within the Santa Barbara, Ojai, and Mt. Pinos ranger districts.

SEC. 312. Use by members of Tribes.

(a) Access.—The Secretary shall ensure that Tribes have access, in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), to the wilderness areas, scenic areas, and potential wilderness areas designated by this title for traditional cultural and religious purposes.

(b) Temporary closures.—

(1) IN GENERAL.—In carrying out this section, the Secretary, on request of a Tribe, may temporarily close to the general public one or more specific portions of a wilderness area, scenic area, or potential wilderness area designated by this title to protect the privacy of the members of the Tribe in the conduct of traditional cultural and religious activities.

(2) REQUIREMENT.—Any closure under paragraph (1) shall be—

(A) made in such a manner as to affect the smallest practicable area for the minimum period of time necessary for the activity to be carried out; and

(B) be consistent with the purpose and intent of Public Law 95–341 (commonly known as the American Indian Religious Freedom Act) (42 U.S.C. 1996) and the Wilderness Act (16 U.S.C. 1131 et seq.).

SEC. 401. Short title.

This title may be cited as the “San Gabriel Mountains Foothills and Rivers Protection Act”.

SEC. 402. Definition of State.

In this title, the term “State” means the State of California.

SEC. 411. Purposes.

The purposes of this subtitle are—

(1) to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the Recreation Area;

(2) to provide environmentally responsible, well-managed recreational opportunities within the Recreation Area;

(3) to improve access to and from the Recreation Area;

(4) to provide expanded educational and interpretive services to increase public understanding of, and appreciation for, the natural and cultural resources of the Recreation Area;

(5) to facilitate the cooperative management of the land and resources within the Recreation Area, in collaboration with the State and political subdivisions of the State, historical, business, cultural, civic, recreational, tourism and other nongovernmental organizations, and the public; and

(6) to allow the continued use of the Recreation Area by all individuals, entities, and local government agencies in activities relating to integrated water management, flood protection, water conservation, water quality, water rights, water supply, groundwater recharge and monitoring, wastewater treatment, public roads and bridges, and utilities within or adjacent to the Recreation Area.

SEC. 412. Definitions.

In this subtitle:

(1) ADJUDICATION.—The term “adjudication” means any final judgment, order, ruling, or decree entered in any judicial proceeding adjudicating or affecting water rights, surface water management, or groundwater management.

(2) ADVISORY COUNCIL.—The term “Advisory Council” means the San Gabriel National Recreation Area Public Advisory Council established under section 417(a).

(3) FEDERAL LANDS.—The term “Federal lands” means—

(A) public lands under the jurisdiction of the Secretary of the Interior; and

(B) lands under the jurisdiction of the Secretary of Defense, acting through the Chief of Engineers.

(4) MANAGEMENT PLAN.—The term “management plan” means the management plan for the Recreation Area required under section 414(d).

(5) PARTNERSHIP.—The term “Partnership” means the San Gabriel National Recreation Area Partnership established by section 418(a).

(6) PUBLIC WATER SYSTEM.—The term “public water system” has the meaning given the term in 42 U.S.C. 300(f)(4) or in section 116275 of the California Health and Safety Code.

(7) RECREATION AREA.—The term “Recreation Area” means the San Gabriel National Recreation Area established by section 413(a).

(8) SECRETARY.—The term “Secretary” means the Secretary of the Interior.

(9) UTILITY FACILITY.—The term “utility facility” means—

(A) any electric substations, communication facilities, towers, poles, and lines, ground wires, communication circuits, and other structures, and related infrastructure; and

(B) any such facilities associated with a public water system.

(10) WATER RESOURCE FACILITY.—The term “water resource facility” means irrigation and pumping facilities, dams and reservoirs, flood control facilities, water conservation works, including debris protection facilities, sediment placement sites, rain gauges and stream gauges, water quality facilities, recycled water facilities, water pumping, conveyance and distribution systems, water storage tanks and reservoirs, and water treatment facilities, aqueducts, canals, ditches, pipelines, wells, hydropower projects, and transmission and other ancillary facilities, groundwater recharge facilities, water conservation, water filtration plants, and other water diversion, conservation, groundwater recharge, storage, and carriage structures.

SEC. 413. San Gabriel National Recreation Area.

(a) Establishment; boundaries.—Subject to valid existing rights, there is established as a unit of the National Park System in the State the San Gabriel National Recreation Area depicted as the “Proposed San Gabriel National Recreation Area” on the map entitled “San Gabriel National Recreation Area Proposed Boundary,” numbered 503/152,737, and dated July 2019.

(b) Map and legal description.—

(1) IN GENERAL.—As soon as practicable after the date of the enactment of this Act, the Secretary shall file a map and a legal description of the Recreation Area with—

(A) the Committee on Energy and Natural Resources of the Senate; and

(B) the Committee on Natural Resources of the House of Representatives.

(2) FORCE OF LAW.—The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct any clerical or typographical error in the map or legal description.

(3) PUBLIC AVAILABILITY.—The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the National Park Service.

(1) PUBLIC LANDS.—The public lands included in the Recreation Area shall be administered by the Secretary, acting through the Director of the National Park Service.

(2) DEPARTMENT OF DEFENSE LAND.—Although certain Federal lands under the jurisdiction of the Secretary of Defense are included in the recreation area, nothing in this subtitle transfers administration jurisdiction of such Federal lands from the Secretary of Defense or otherwise affects Federal lands under the jurisdiction of the Secretary of Defense.

(3) STATE AND LOCAL JURISDICTION.—Nothing in this subtitle alters, modifies, or diminishes any right, responsibility, power, authority, jurisdiction, or entitlement of the State, a political subdivision of the State, including, but not limited to courts of competent jurisdiction, regulatory commissions, boards, and departments, or any State or local agency under any applicable Federal, State, or local law (including regulations).

SEC. 414. Management.

(a) National park system.—Subject to valid existing rights, the Secretary shall manage the public lands included in the Recreation Area in a manner that protects and enhances the natural resources and values of the public lands, in accordance with—

(1) this subtitle;

(2) section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753 and 102101 of title 54, United States Code (formerly known as the “National Park Service Organic Act”);

(3) the laws generally applicable to units of the National Park System; and

(4) other applicable law, regulations, adjudications, and orders.

(b) Cooperation with secretary of defense.—The Secretary shall cooperate with the Secretary of Defense to develop opportunities for the management of the Federal land under the jurisdiction of the Secretary of Defense included in the Recreation Area in accordance with the purposes described in section 411, to the maximum extent practicable.

(1) IN GENERAL.—Nothing in this subtitle—

(A) authorizes the Secretary to take any action that would affect the use of any land not owned by the United States within the Recreation Area;

(B) affects the use of, or access to, any non-Federal land within the Recreation Area;

(C) modifies any provision of Federal, State, or local law with respect to public access to, or use of, non-Federal land;

(D) requires any owner of non-Federal land to allow public access (including Federal, State, or local government access) to private property or any other non-Federal land;

(E) alters any duly adopted land use regulation, approved land use plan, or any other regulatory authority of any State or local agency or unit of Tribal government;

(F) creates any liability, or affects any liability under any other law, of any private property owner or other owner of non-Federal land with respect to any person injured on the private property or other non-Federal land;

(G) conveys to the Partnership any land use or other regulatory authority;

(H) shall be construed to cause any Federal, State, or local regulation or permit requirement intended to apply to units of the National Park System to affect the Federal lands under the jurisdiction of the Secretary of Defense or non-Federal lands within the boundaries of the recreation area; or

(I) requires any local government to participate in any program administered by the Secretary.

(2) COOPERATION.—The Secretary is encouraged to work with owners of non-Federal land who have agreed to cooperate with the Secretary to advance the purposes of this subtitle.

(3) BUFFER ZONES.—

(A) IN GENERAL.—Nothing in this subtitle establishes any protective perimeter or buffer zone around the Recreation Area.

(B) ACTIVITIES OR USES UP TO BOUNDARIES.—The fact that an activity or use of land can be seen or heard from within the Recreation Area shall not preclude the activity or land use up to the boundary of the Recreation Area.

(4) FACILITIES.—Nothing in this subtitle affects the operation, maintenance, modification, construction, destruction, removal, relocation, improvement or expansion of any water resource facility or public water system, or any solid waste, sanitary sewer, water or waste-water treatment, groundwater recharge or conservation, hydroelectric, conveyance distribution system, recycled water facility, or utility facility located within or adjacent to the Recreation Area.

(5) EXEMPTION.—Section 100903 of title 54, United States Code, shall not apply to the Puente Hills landfill, materials recovery facility, or intermodal facility.

(d) Management plan.—

(1) DEADLINE.—Not later than 3 years after the date of the enactment of this Act, the Secretary and the Advisory Council shall establish a comprehensive management plan for the Recreation Area that supports the purposes described in section 411.

(2) USE OF EXISTING PLANS.—In developing the management plan, to the extent consistent with this section, the Secretary may incorporate any provision of a land use or other plan applicable to the public lands included in the Recreation Area.

(3) INCORPORATION OF VISITOR SERVICES PLAN.—To the maximum extent practicable, the Secretary shall incorporate into the management plan the visitor services plan under section 419(a)(2).

(4) PARTNERSHIP.—In developing the management plan, the Secretary shall consider recommendations of the Partnership. To the maximum extent practicable, the Secretary shall incorporate recommendations of the Partnership into the management plan if the Secretary determines that the recommendations are feasible and consistent with the purposes in section 411, this subtitle, and applicable laws (including regulations).

(e) Fish and wildlife.—Nothing in this subtitle affects the jurisdiction of the State with respect to fish or wildlife located on public lands in the State.

SEC. 415. Acquisition of non-Federal land within Recreation Area.

(a) Limited acquisition authority.—

(1) IN GENERAL.—Subject to paragraph (2), the Secretary may acquire non-Federal land within the boundaries of the Recreation Area only through exchange, donation, or purchase from a willing seller.

(2) ADDITIONAL REQUIREMENT.—As a further condition on the acquisition of land, the Secretary shall make a determination that the land contains important biological, cultural, historic, or recreational values.

(b) Prohibition on use of eminent domain.—Nothing in this subtitle authorizes the use of eminent domain to acquire land or an interest in land.

(c) Treatment of acquired land.—Any land or interest in land acquired by the United States within the boundaries of the Recreation Area shall be—

(1) included in the Recreation Area; and

(2) administered by the Secretary in accordance with—

(A) this subtitle; and

(B) other applicable laws (including regulations).

SEC. 416. Water rights; water resource facilities; public roads; utility facilities.

(a) No effect on water rights.—Nothing in this subtitle or section 422—

(1) shall affect the use or allocation, as in existence on the date of the enactment of this Act, of any water, water right, or interest in water (including potable, recycled, reclaimed, waste, imported, exported, banked, or stored water, surface water, groundwater, and public trust interest);

(2) shall affect any public or private contract in existence on the date of the enactment of this Act for the sale, lease, loan, or transfer of any water (including potable, recycled, reclaimed, waste, imported, exported, banked, or stored water, surface water, and groundwater);

(3) shall be considered to be a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State on or before the date of the enactment of this Act;

(4) authorizes or imposes any new reserved Federal water right or expands water usage pursuant to any existing Federal reserved, riparian or appropriative right;

(5) shall be considered a relinquishment or reduction of any water rights (including potable, recycled, reclaimed, waste, imported, exported, banked, or stored water, surface water, and groundwater) held, reserved, or appropriated by any public entity or other persons or entities, on or before the date of the enactment of this Act;

(6) shall be construed to, or shall interfere or conflict with the exercise of the powers or duties of any watermaster, public agency, public water system, court of competent jurisdiction, or other body or entity responsible for groundwater or surface water management or groundwater replenishment as designated or established pursuant to any adjudication or Federal or State law, including the management of the San Gabriel River watershed and basin, to provide water supply or other environmental benefits;

(7) shall be construed to impede or adversely impact any previously adopted Los Angeles County Drainage Area project, as described in the report of the Chief of Engineers dated June 30, 1992, including any supplement or addendum to that report, or any maintenance agreement to operate that project;

(8) shall interfere or conflict with any action by a watermaster, water agency, public water system, court of competent jurisdiction, or public agency pursuant to any Federal or State law, water right, or adjudication, including any action relating to water conservation, water quality, surface water diversion or impoundment, groundwater recharge, water treatment, conservation or storage of water, pollution, waste discharge, the pumping of groundwater; the spreading, injection, pumping, storage, or the use of water from local sources, storm water flows, and runoff, or from imported or recycled water, that is undertaken in connection with the management or regulation of the San Gabriel River;

(9) shall interfere with, obstruct, hinder, or delay the exercise of, or access to, any water right by the owner of a public water system or any other individual or entity, including the construction, operation, maintenance, replacement, removal, repair, location, or relocation of any well; pipeline; or water pumping, treatment, diversion, impoundment, or storage facility; or other facility or property necessary or useful to access any water right or operate an public water system;

(10) shall require the initiation or reinitiation of consultation with the United States Fish and Wildlife Service under, or the application of any provision of, the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) relating to any action affecting any water, water right, or water management or water resource facility in the San Gabriel River watershed and basin; or

(11) authorizes any agency or employee of the United States, or any other person, to take any action inconsistent with any of paragraphs (1) through (10).

(b) Water resource facilities.—

(1) NO EFFECT ON EXISTING WATER RESOURCE FACILITIES.—Nothing in this subtitle or section 422 shall affect—

(A) the use, operation, maintenance, repair, construction, destruction, removal, reconfiguration, expansion, improvement or replacement of a water resource facility or public water system within or adjacent to the Recreation Area or San Gabriel Mountains National Monument; or

(B) access to a water resource facility within or adjacent to the Recreation Area or San Gabriel Mountains National Monument.

(2) NO EFFECT ON NEW WATER RESOURCE FACILITIES.—Nothing in this subtitle or section 422 shall preclude the establishment of a new water resource facility (including instream sites, routes, and areas) within the Recreation Area or San Gabriel Mountains National Monument if the water resource facility or public water system is necessary to preserve or enhance the health, safety, reliability, quality or accessibility of water supply, or utility services to residents of Los Angeles County.

(3) FLOOD CONTROL.—Nothing in this subtitle or section 422 shall be construed to—

(A) impose any new restriction or requirement on flood protection, water conservation, water supply, groundwater recharge, water transfers, or water quality operations and maintenance; or

(B) increase the liability of an agency or public water system carrying out flood protection, water conservation, water supply, groundwater recharge, water transfers, or water quality operations.

(4) DIVERSION OR USE OF WATER.—Nothing in this subtitle or section 422 shall authorize or require the use of water or water rights in, or the diversion of water to, the Recreation Area or San Gabriel Mountains National Monument.

(1) affect the use, operation, maintenance, repair, construction, destruction, reconfiguration, expansion, inspection, renewal, reconstruction, alteration, addition, relocation, improvement, removal, or replacement of a utility facility or appurtenant right-of-way within or adjacent to the Recreation Area or San Gabriel Mountains National Monument;

(2) affect access to a utility facility or right-of-way within or adjacent to the Recreation Area or San Gabriel Mountains National Monument; or

(3) preclude the establishment of a new utility facility or right-of-way (including instream sites, routes, and areas) within the Recreation Area or San Gabriel Mountains National Monument if such a facility or right-of-way is necessary for public health and safety, electricity supply, or other utility services.

(d) Roads; public transit.—

(1) DEFINITIONS.—In this subsection:

(A) PUBLIC ROAD.—The term “public road” means any paved road or bridge (including any appurtenant structure and right-of-way) that is—

(i) operated or maintained by a non-Federal entity; and

(ii) (I) open to vehicular use by the public; or

(II) used by a public agency or utility for the operation, maintenance, improvement, repair, removal, relocation, construction, destruction or rehabilitation of infrastructure, a utility facility, or a right-of-way.

(B) PUBLIC TRANSIT.—The term “public transit” means any transit service (including operations and rights-of-way) that is—

(i) operated or maintained by a non-Federal entity; and

(ii) (I) open to the public; or

(II) used by a public agency or contractor for the operation, maintenance, repair, construction, or rehabilitation of infrastructure, a utility facility, or a right-of-way.

(2) NO EFFECT ON PUBLIC ROADS OR PUBLIC TRANSIT.—Nothing in this subtitle or section 422—

(A) authorizes the Secretary to take any action that would affect the operation, maintenance, repair, or rehabilitation of public roads or public transit (including activities necessary to comply with Federal or State safety or public transit standards); or

(B) creates any new liability, or increases any existing liability, of an owner or operator of a public road.

SEC. 417. San Gabriel National Recreation Area Public Advisory Council.

(a) Establishment.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish an advisory council, to be known as the “San Gabriel National Recreation Area Public Advisory Council”.

(b) Duties.—The Advisory Council shall advise the Secretary regarding the development and implementation of the management plan and the visitor services plan.

(1) the Federal Advisory Committee Act (5 U.S.C. App.); and

(2) all other applicable laws (including regulations).

(d) Membership.—The Advisory Council shall consist of 22 members, to be appointed by the Secretary after taking into consideration recommendations of the Partnership, of whom—

(1) 2 shall represent local, regional, or national environmental organizations;

(2) 2 shall represent the interests of outdoor recreation, including off-highway vehicle recreation, within the Recreation Area;

(3) 2 shall represent the interests of community-based organizations, the missions of which include expanding access to the outdoors;

(4) 2 shall represent business interests;

(5) 1 shall represent Indian Tribes within or adjacent to the Recreation Area;

(6) 1 shall represent the interests of homeowners’ associations within the Recreation Area;

(7) 3 shall represent the interests of holders of adjudicated water rights, public water systems, water agencies, wastewater and sewer agencies, recycled water facilities, and water management and replenishment entities;

(8) 1 shall represent energy and mineral development interests;

(9) 1 shall represent owners of Federal grazing permits or other land use permits within the Recreation Area;

(10) 1 shall represent archaeological and historical interests;

(11) 1 shall represent the interests of environmental educators;

(12) 1 shall represent cultural history interests;

(13) 1 shall represent environmental justice interests;

(14) 1 shall represent electrical utility interests; and

(15) 2 shall represent the affected public at large.

(e) Terms.—

(1) STAGGERED TERMS.—A member of the Advisory Council shall be appointed for a term of 3 years, except that, of the members first appointed, 7 of the members shall be appointed for a term of 1 year and 7 of the members shall be appointed for a term of 2 years.

(2) REAPPOINTMENT.—A member may be reappointed to serve on the Advisory Council on the expiration of the term of service of the member.

(3) VACANCY.—A vacancy on the Advisory Council shall be filled in the same manner in which the original appointment was made.

(f) Quorum.—A quorum shall be ten members of the advisory council. The operations of the advisory council shall not be impaired by the fact that a member has not yet been appointed as long as a quorum has been attained.

(g) Chairperson; procedures.—The Advisory Council shall elect a chairperson and establish such rules and procedures as the advisory council considers necessary or desirable.

(h) Service without compensation.—Members of the Advisory Council shall serve without pay.

(i) Termination.—The Advisory Council shall cease to exist—

(1) on the date that is 5 years after the date on which the management plan is adopted by the Secretary; or

(2) on such later date as the Secretary considers to be appropriate.

SEC. 418. San Gabriel National Recreation Area Partnership.

(a) Establishment.—There is established a Partnership, to be known as the “San Gabriel National Recreation Area Partnership”.

(b) Purposes.—The purposes of the Partnership are to—

(1) coordinate the activities of Federal, State, Tribal, and local authorities and the private sector in advancing the purposes of this subtitle; and

(2) use the resources and expertise of each agency in improving management and recreational opportunities within the Recreation Area.

(1) The Secretary (or a designee) to represent the National Park Service.

(2) The Secretary of Defense (or a designee) to represent the Corps of Engineers.

(3) The Secretary of Agriculture (or a designee) to represent the Forest Service.

(4) The Secretary of the Natural Resources Agency of the State (or a designee) to represent—

(A) the California Department of Parks and Recreation; and

(B) the Rivers and Mountains Conservancy.

(5) One designee of the Los Angeles County Board of Supervisors.

(6) One designee of the Puente Hills Habitat Preservation Authority.

(7) Four designees of the San Gabriel Council of Governments, of whom one shall be selected from a local land conservancy.

(8) One designee of the San Gabriel Valley Economic Partnership.

(9) One designee of the Los Angeles County Flood Control District.

(10) One designee of the San Gabriel Valley Water Association.

(11) One designee of the Central Basin Water Association.

(12) One designee of the Main San Gabriel Basin Watermaster.

(13) One designee of a public utility company, to be appointed by the Secretary.

(14) One designee of the Watershed Conservation Authority.

(15) One designee of the Advisory Council for the period during which the Advisory Council remains in effect.

(16) One designee of San Gabriel Mountains National Monument Community Collaborative.

(d) Duties.—To advance the purposes described in section 411, the Partnership shall—

(1) make recommendations to the Secretary regarding the development and implementation of the management plan;

(2) review and comment on the visitor services plan under section 419(a)(2), and facilitate the implementation of that plan;

(3) assist units of local government, regional planning organizations, and nonprofit organizations in advancing the purposes of the Recreation Area by—

(A) carrying out programs and projects that recognize, protect, and enhance important resource values within the Recreation Area;

(B) establishing and maintaining interpretive exhibits and programs within the Recreation Area;

(C) developing recreational and educational opportunities in the Recreation Area in accordance with the purposes of this subtitle;

(D) increasing public awareness of, and appreciation for, natural, historic, scenic, and cultural resources of the Recreation Area;

(E) ensuring that signs identifying points of public access and sites of interest are posted throughout the Recreation Area;

(F) promoting a wide range of partnerships among governments, organizations, and individuals to advance the purposes of the Recreation Area; and

(G) ensuring that management of the Recreation Area takes into consideration—

(i) local ordinances and land-use plans; and

(ii) adjacent residents and property owners;

(4) make recommendations to the Secretary regarding the appointment of members to the Advisory Council; and

(5) carry out any other actions necessary to achieve the purposes of this subtitle.

(e) Authorities.—Subject to approval by the Secretary, for the purposes of preparing and implementing the management plan, the Partnership may use Federal funds made available under this section—

(1) to make grants to the State, political subdivisions of the State, nonprofit organizations, and other persons;

(2) to enter into cooperative agreements with, or provide grants or technical assistance to, the State, political subdivisions of the State, nonprofit organizations, Federal agencies, and other interested parties;

(3) to hire and compensate staff;

(4) to obtain funds or services from any source, including funds and services provided under any other Federal law or program;

(5) to contract for goods or services; and

(6) to support activities of partners and any other activities that—

(A) advance the purposes of the Recreation Area; and

(B) are in accordance with the management plan.

(f) Terms of office; reappointment; vacancies.—

(1) TERMS.—A member of the Partnership shall be appointed for a term of 3 years.

(2) REAPPOINTMENT.—A member may be reappointed to serve on the Partnership on the expiration of the term of service of the member.

(3) VACANCY.—A vacancy on the Partnership shall be filled in the same manner in which the original appointment was made.

(g) Quorum.—A quorum shall be 11 members of the Partnership. The operations of the Partnership shall not be impaired by the fact that a member has not yet been appointed as long as a quorum has been attained.

(h) Chairperson; procedures.—The Partnership shall elect a chairperson and establish such rules and procedures as it deems necessary or desirable.

(i) Service without compensation.—A member of the Partnership shall serve without compensation.

(j) Duties and authorities of secretary.—

(1) IN GENERAL.—The Secretary shall convene the Partnership on a regular basis to carry out this subtitle.

(2) TECHNICAL AND FINANCIAL ASSISTANCE.—The Secretary may provide to the Partnership or any member of the Partnership, on a reimbursable or nonreimbursable basis, such technical and financial assistance as the Secretary determines to be appropriate to carry out this subtitle.

(3) COOPERATIVE AGREEMENTS.—The Secretary may enter into a cooperative agreement with the Partnership, a member of the Partnership, or any other public or private entity to provide technical, financial, or other assistance to carry out this subtitle.

(4) CONSTRUCTION OF FACILITIES ON NON-FEDERAL LAND.—

(A) IN GENERAL.—In order to facilitate the administration of the Recreation Area, the Secretary is authorized, subject to valid existing rights, to construct administrative or visitor use facilities on land owned by a non-profit organization, local agency, or other public entity in accordance with this title and applicable law (including regulations).

(B) ADDITIONAL REQUIREMENTS.—A facility under this paragraph may only be developed—

(i) with the consent of the owner of the non-Federal land; and

(ii) in accordance with applicable Federal, State, and local laws (including regulations) and plans.

(5) PRIORITY.—The Secretary shall give priority to actions that—

(A) conserve the significant natural, historic, cultural, and scenic resources of the Recreation Area; and

(B) provide educational, interpretive, and recreational opportunities consistent with the purposes of the Recreation Area.

(k) Committees.—The Partnership shall establish—

(1) a Water Technical Advisory Committee to advise the Secretary regarding water-related issues relating to the Recreation Area; and

(2) a Public Safety Advisory Committee to advise the Secretary regarding public safety issues relating to the Recreation Area.

SEC. 419. Visitor services and facilities.

(a) Visitor services.—

(1) PURPOSE.—The purpose of this subsection is to facilitate the development of an integrated visitor services plan to improve visitor experiences in the Recreation Area through expanded recreational opportunities and increased interpretation, education, resource protection, and enforcement.

(2) VISITOR SERVICES PLAN.—

(A) IN GENERAL.—Not later than 3 years after the date of the enactment of this Act, the Secretary shall develop and carry out an integrated visitor services plan for the Recreation Area in accordance with this paragraph.

(B) CONTENTS.—The visitor services plan shall—

(i) assess current and anticipated future visitation to the Recreation Area, including recreation destinations;

(ii) consider the demand for various types of recreation (including hiking, picnicking, horseback riding, and the use of motorized and mechanized vehicles), as permissible and appropriate;

(iii) evaluate the impacts of recreation on natural and cultural resources, water rights and water resource facilities, public roads, adjacent residents and property owners, and utilities within the Recreation Area, as well as the effectiveness of current enforcement and efforts;

(iv) assess the current level of interpretive and educational services and facilities;

(v) include recommendations to—

(I) expand opportunities for high-demand recreational activities, in accordance with the purposes described in section 411;

(II) better manage Recreation Area resources and improve the experience of Recreation Area visitors through expanded interpretive and educational services and facilities, and improved enforcement; and

(III) better manage Recreation Area resources to reduce negative impacts on the environment, ecology, and integrated water management activities in the Recreation Area;

(vi) in coordination and consultation with affected owners of non-Federal land, assess options to incorporate recreational opportunities on non-Federal land into the Recreation Area—

(I) in manner consistent with the purposes and uses of the non-Federal land; and

(II) with the consent of the non-Federal landowner;

(vii) assess opportunities to provide recreational opportunities that connect with adjacent National Forest System land; and

(viii) be developed and carried out in accordance with applicable Federal, State, and local laws and ordinances.

(i) consult with—

(I) the Partnership;

(II) the Advisory Council;

(III) appropriate State and local agencies; and

(IV) interested nongovernmental organizations; and

(ii) involve members of the public.

(b) Visitor use facilities.—

(1) IN GENERAL.—The Secretary may construct visitor use facilities in the Recreation Area.

(2) REQUIREMENTS.—Each facility under paragraph (1) shall be developed in accordance with applicable Federal, State, and local—

(A) laws (including regulations); and

(B) plans.

(1) IN GENERAL.—The Secretary may accept and use donated funds (subject to appropriations), property, in-kind contributions, and services to carry out this subtitle.

(2) PROHIBITION.—The Secretary may not use the authority provided by paragraph (1) to accept non-Federal land that has been acquired after the date of the enactment of this Act through the use of eminent domain.

(d) Cooperative agreements.—In carrying out this subtitle, the Secretary may make grants to, or enter into cooperative agreements with, units of State, Tribal, and local governments and private entities to conduct research, develop scientific analyses, and carry out any other initiative relating to the management of, and visitation to, the Recreation Area.

SEC. 421. Definitions.

In this subtitle:

(1) SECRETARY.—The term “Secretary” means the Secretary of Agriculture.

(2) WILDERNESS AREA OR ADDITION.—The term “wilderness area or addition” means any wilderness area or wilderness addition designated by section 423(a).

SEC. 422. National monument boundary modification.

(a) In general.—The San Gabriel Mountains National Monument established by Presidential Proclamation 9194 (54 U.S.C. 320301 note) (referred to in this section as the “Monument”) is modified to include the approximately 109,167 acres of additional National Forest System land depicted as the “Proposed San Gabriel Mountains National Monument Expansion” on the map entitled “Proposed San Gabriel Mountains National Monument Expansion” and dated June 26, 2019.

(b) Administration.—The Secretary shall administer the San Gabriel Mountains National Monument, including the lands added by subsection (a), in accordance with—

(1) Presidential Proclamation 9194, as issued on October 10, 2014 (54 U.S.C. 320301 note);

(2) the laws generally applicable to the Monument; and

(3) this title.

(c) Management plan.—Within 3 years after the date of enactment of this Act, the Secretary shall consult with State and local governments and the interested public to update the existing San Gabriel Mountains National Monument Plan to provide management direction and protection for the lands added to the Monument by subsection (a).

SEC. 423. Designation of Wilderness Areas and Additions.

(a) Designation.—In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following parcels of National Forest System land in the State are designated as wilderness and as components of the National Wilderness Preservation System:

(1) CONDOR PEAK WILDERNESS.—Certain Federal land in the Angeles National Forest, comprising approximately 8,207 acres, as generally depicted on the map entitled “Condor Peak Wilderness—Proposed” and dated June 6, 2019, which shall be known as the “Condor Peak Wilderness”.

(2) SAN GABRIEL WILDERNESS ADDITIONS.—Certain Federal land in the Angeles National Forest, comprising approximately 2,032 acres, as generally depicted on the map entitled “San Gabriel Wilderness Additions” and dated June 6, 2019, which is incorporated in, and considered to be a part of, the San Gabriel Wilderness designated by Public Law 90–318 (16 U.S.C. 1132 note; 82 Stat. 131).

(3) SHEEP MOUNTAIN WILDERNESS ADDITIONS.—Certain Federal land in the Angeles National Forest, comprising approximately 13,726 acres, as generally depicted on the map entitled “Sheep Mountain Wilderness Additions” and dated June 6, 2019, which is incorporated in, and considered to be a part of, the Sheep Mountain Wilderness designated by section 101(a)(29) of the California Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 1623; Public Law 98–425).

(4) YERBA BUENA WILDERNESS.—Certain Federal land in the Angeles National Forest, comprising approximately 6,694 acres, as generally depicted on the map entitled “Yerba Buena Wilderness—Proposed” and dated June 6, 2019, which shall be known as the “Yerba Buena Wilderness”.

(b) Map and legal description.—

(1) IN GENERAL.—As soon as practicable after the date of the enactment of this Act, the Secretary shall file a map and a legal description of the wilderness areas and additions with—

(A) the Committee on Energy and Natural Resources of the Senate; and

(B) the Committee on Natural Resources of the House of Representatives.

(2) FORCE OF LAW.—The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct any clerical or typographical error in the map or legal description.

(3) PUBLIC AVAILABILITY.—The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service.

SEC. 424. Administration of Wilderness Areas and Additions.

(a) In general.—Subject to valid existing rights, the wilderness areas and additions shall be administered by the Secretary in accordance with this section and the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of the enactment of this Act.

(b) Fire management and related activities.—

(1) IN GENERAL.—The Secretary may take such measures in a wilderness area or addition designated in section 423 as are necessary for the control of fire, insects, or diseases in accordance with—

(A) section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)); and

(B) House Report 98–40 of the 98th Congress.

(2) FUNDING PRIORITIES.—Nothing in this subtitle limits funding for fire or fuels management in a wilderness area or addition.

(3) REVISION AND DEVELOPMENT OF LOCAL FIRE MANAGEMENT PLANS.—As soon as practicable after the date of the enactment of this Act, the Secretary shall amend, as applicable, any local fire management plan that applies to a wilderness area or addition designated in section 423.

(4) ADMINISTRATION.—In accordance with paragraph (1) and any other applicable Federal law, to ensure a timely and efficient response to a fire emergency in a wilderness area or addition, the Secretary shall—

(A) not later than 1 year after the date of the enactment of this Act, establish agency approval procedures (including appropriate delegations of authority to the Forest Supervisor, District Manager, or other agency officials) for responding to fire emergencies; and

(B) enter into agreements with appropriate State or local firefighting agencies.

(c) Grazing.—The grazing of livestock in a wilderness area or addition, if established before the date of the enactment of this Act, shall be administered in accordance with—

(1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and

(2) the guidelines contained 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 (H. Rept. 101–405).

(d) Fish and wildlife.—

(1) IN GENERAL.—In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this subtitle affects the jurisdiction or responsibility of the State with respect to fish or wildlife on public land in the State.

(2) MANAGEMENT ACTIVITIES.—

(A) IN GENERAL.—In furtherance of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may conduct any management activity that are necessary to maintain or restore fish or wildlife populations or habitats in the wilderness areas and wilderness additions designated in section 423, if the management activities are—

(i) consistent with relevant wilderness management plans; and

(ii) conducted in accordance with appropriate policies, such as the policies established 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 (H. Rept. 101–405).

(B) INCLUSIONS.—A management activity under subparagraph (A) may include 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 while causing the minimum impact necessary to accomplish those tasks.

(C) EXISTING ACTIVITIES.—In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and appropriate policies (such as the policies established in Appendix B of House Report 101–405), the State may use aircraft (including helicopters) in a wilderness area or addition to survey, capture, transplant, monitor, or provide water for a wildlife population, including bighorn sheep.

(e) Buffer zones.—

(1) IN GENERAL.—Congress does not intend for the designation of wilderness areas or wilderness additions by section 423 to lead to the creation of protective perimeters or buffer zones around each wilderness area or wilderness addition.

(2) ACTIVITIES OR USES UP TO BOUNDARIES.—The fact that a nonwilderness activities or uses can be seen or heard from within a wilderness area or wilderness addition designated by section 423 shall not, of itself, preclude the activities or uses up to the boundary of the wilderness area or addition.

(f) Military activities.—Nothing in this title precludes—

(1) low-level overflights of military aircraft over the wilderness areas or wilderness additions designated by section 423;

(2) the designation of new units of special airspace over the wilderness areas or wilderness additions designated by section 423; or

(3) the use or establishment of military flight training routes over wilderness areas or wilderness additions designated by section 423.

(1) in accordance with section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)); and

(2) subject to such terms and conditions as the Secretary determines to be necessary.

(h) Law enforcement.—Nothing in this subtitle precludes any law enforcement or drug interdiction effort within the wilderness areas or wilderness additions designated by section 423 in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.).

(i) Withdrawal.—Subject to valid existing rights, the wilderness areas and additions designated by section 423 are withdrawn from—

(1) all forms of entry, appropriation, and disposal under the public land laws;

(2) location, entry, and patent under the mining laws; and

(3) operation of the mineral materials and geothermal leasing laws.

(j) Incorporation of acquired land and interests.—Any land within the boundary of a wilderness area or addition that is acquired by the United States shall—

(1) become part of the wilderness area or addition in which the land is located; and

(2) be managed in accordance with this section, the Wilderness Act (16 U.S.C. 1131 et seq.), and any other applicable laws (including regulations).

(k) Climatological data collection.—In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such terms and conditions as the Secretary may prescribe, the Secretary may authorize the installation and maintenance of hydrologic, meteorologic, or climatological collection devices in a wilderness area or addition if the Secretary determines that the facilities and access to the facilities is essential to a flood warning, flood control, or water reservoir operation activity.

(l) Authorized events.—The Secretary of Agriculture may authorize the Angeles Crest 100 competitive running event to continue in substantially the same manner and degree in which this event was operated and permitted in 2015 within additions to the Sheep Mountain Wilderness in section 423 of this title and the Pleasant View Ridge Wilderness Area designated by section 1802 of the Omnibus Public Land Management Act of 2009, provided that the event is authorized and conducted in a manner compatible with the preservation of the areas as wilderness.

SEC. 425. Designation of Wild and Scenic Rivers.

(a) Designation.—Section 3(a) of the National Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following:

“(__) EAST FORK SAN GABRIEL RIVER, CALIFORNIA.—The following segments of the East Fork San Gabriel River, to be administered by the Secretary of Agriculture in the following classes:

“(A) The 10-mile segment from the confluence of the Prairie Fork and Vincent Gulch to 100 yards upstream of the Heaton Flats trailhead and day use area, as a wild river.

“(B) The 2.7-mile segment from 100 yards upstream of the Heaton Flats trailhead and day use area to 100 yards upstream of the confluence with Williams Canyon, as a recreational river.

“(__) NORTH FORK SAN GABRIEL RIVER, CALIFORNIA.—The 4.3-mile segment of the North Fork San Gabriel River from the confluence with Cloudburst Canyon to 0.25 miles upstream of the confluence with the West Fork San Gabriel River, to be administered by the Secretary of Agriculture as a recreational river.

“(__) WEST FORK SAN GABRIEL RIVER, CALIFORNIA.—The following segments of the West Fork San Gabriel River, to be administered by the Secretary of Agriculture in the following classes:

“(A) The 6.7-mile segment from 0.25 miles downstream of its source near Red Box Gap in sec. 14, T. 2 N., R. 12 W., to the confluence with the unnamed tributary 0.25 miles downstream of the power lines in sec. 22, T. 2 N., R. 11 W., as a recreational river.

“(B) The 1.6-mile segment of the West Fork from 0.25 miles downstream of the powerlines in sec. 22, T. 2 N., R. 11 W., to the confluence with Bobcat Canyon, as a wild river.

“(__) LITTLE ROCK CREEK, CALIFORNIA.—The following segments of Little Rock Creek and tributaries, to be administered by the Secretary of Agriculture in the following classes:

“(A) The 10.3-mile segment from its source on Mt. Williamson in sec. 6, T. 3 N., R. 9 W., to 100 yards upstream of the confluence with the South Fork Little Rock Creek, as a wild river.

“(B) The 6.6-mile segment from 100 yards upstream of the confluence with the South Fork Little Rock Creek to the confluence with Santiago Canyon, as a recreational river.

“(C) The 1-mile segment of Cooper Canyon Creek from 0.25 miles downstream of Highway 2 to 100 yards downstream of Cooper Canyon Campground, as a scenic river.

“(D) The 1.3-mile segment of Cooper Canyon Creek from 100 yards downstream of Cooper Canyon Campground to the confluence with Little Rock Creek, as a wild river.

“(E) The 1-mile segment of Buckhorn Creek from 100 yards downstream of the Buckhorn Campground to its confluence with Cooper Canyon Creek, as a wild river.”.

(b) Water resource facilities; and water use.—

(1) WATER RESOURCE FACILITIES.—

(A) DEFINITION.—In this section, the term “water resource facility” means irrigation and pumping facilities, dams and reservoirs, flood control facilities, water conservation works and facilities, including debris protection facilities, sediment placement sites, rain gauges and stream gauges, water quality facilities, recycled water facilities and water pumping, conveyance distribution systems, water storage tanks and reservoirs, and water treatment facilities, aqueducts, canals, ditches, pipelines, wells, hydropower projects, and transmission and other ancillary facilities, groundwater recharge facilities, water conservation, water filtration plants, and other water diversion, conservation, groundwater recharge, storage, and carriage structures.

(B) NO EFFECT ON EXISTING WATER RESOURCE FACILITIES.—Nothing in this section shall alter, modify, or affect—

(i) the use, operation, maintenance, repair, construction, destruction, reconfiguration, expansion, relocation or replacement of a water resource facility downstream of a wild and scenic river segment designated by this section, provided that the physical structures of such facilities or reservoirs shall not be located within the river areas designated in this section; or

(ii) access to a water resource facility downstream of a wild and scenic river segment designated by this section.

(C) NO EFFECT ON NEW WATER RESOURCE FACILITIES.—Nothing in this section shall preclude the establishment of a new water resource facilities (including instream sites, routes, and areas) downstream of a wild and scenic river segment.

(2) LIMITATION.—Any new reservation of water or new use of water pursuant to existing water rights held by the United States to advance the purposes of the National Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) shall be for nonconsumptive instream use only within the segments designated by this section.

(3) EXISTING LAW.—Nothing in this section affects the implementation of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

SEC. 426. Water rights.

(a) Statutory construction.—Nothing in this title, and no action to implement this title—

(1) shall constitute an express or implied reservation of any water or water right, or authorizing an expansion of water use pursuant to existing water rights held by the United States, with respect to the San Gabriel Mountains National Monument, the land designated as a wilderness area or wilderness addition by section 423 or land adjacent to the wild and scenic river segments designated by the amendment made by section 425;

(2) shall affect, alter, modify, or condition any water rights in the State in existence on the date of the enactment of this Act, including any water rights held by the United States;

(3) shall be construed as establishing a precedent with regard to any future wilderness or wild and scenic river designations;

(4) shall affect, alter, or modify the interpretation of, or any designation, decision, adjudication or action made pursuant to, any other Act; or

(5) shall be construed as limiting, altering, modifying, or amending any of the interstate compacts or equitable apportionment decrees that apportions water among or between the State and any other State.

(b) State water law.—The Secretary shall comply with applicable procedural and substantive requirements of the law of the State in order to obtain and hold any water rights not in existence on the date of the enactment of this Act with respect to the San Gabriel Mountains National Monument, wilderness areas and wilderness additions designated by section 423, and the wild and scenic rivers designated by amendment made by section 425.

SEC. 501. Short title.

This title may be cited as the “Rim of the Valley Corridor Preservation Act”.

SEC. 502. Boundary adjustment; land acquisition; administration.

(a) Boundary adjustment.—Section 507(c)(1) of the National Parks and Recreation Act of 1978 (16 U.S.C. 460kk(c)(1)) is amended in the first sentence by striking “, which shall” and inserting “ and generally depicted as ‘Rim of the Valley Unit Proposed Addition’ on the map entitled ‘Rim of the Valley Unit—Santa Monica Mountains National Recreation Area’, numbered 638/147,723, and dated September 2018. Both maps shall”.

(b) Rim of the valley unit.—Section 507 of the National Parks and Recreation Act of 1978 (16 U.S.C. 460kk) is amended by adding at the end the following:

“(u) Rim of the valley unit.— (1) Not later than 3 years after the date of the enactment of this subsection, the Secretary shall update the general management plan for the recreation area to reflect the boundaries designated on the map referred to in subsection (c)(1) as the ‘Rim of the Valley Unit’ (hereafter in the subsection referred to as the ‘Rim of the Valley Unit’). Subject to valid existing rights, the Secretary shall administer the Rim of the Valley Unit, and any land or interest in land acquired by the United States and located within the boundaries of the Rim of the Valley Unit, as part of the recreation area in accordance with the provisions of this section and applicable laws and regulations.

“(2) The Secretary may acquire non-Federal land within the boundaries of the Rim of the Valley Unit only through exchange, donation, or purchase from a willing seller. Nothing in this subsection authorizes the use of eminent domain to acquire land or interests in land.

“(3) Nothing in this subsection or the application of the management plan for the Rim of the Valley Unit shall be construed to—

“(A) modify any provision of Federal, State, or local law with respect to public access to or use of non-Federal land;

“(B) create any liability, or affect any liability under any other law, of any private property owner or other owner of non-Federal land with respect to any person injured on private property or other non-Federal land;

“(C) affect the ownership, management, or other rights relating to any non-Federal land (including any interest in any non-Federal land);

“(D) require any local government to participate in any program administered by the Secretary;

“(E) alter, modify, or diminish any right, responsibility, power, authority, jurisdiction, or entitlement of the State, any political subdivision of the State, or any State or local agency under existing Federal, State, and local law (including regulations);

“(F) require the creation of protective perimeters or buffer zones, and the fact that certain activities or land can be seen or heard from within the Rim of the Valley Unit shall not, of itself, preclude the activities or land uses up to the boundary of the Rim of the Valley Unit;

“(G) require or promote use of, or encourage trespass on, lands, facilities, and rights-of-way owned by non-Federal entities, including water resource facilities and public utilities, without the written consent of the owner;

“(H) affect the operation, maintenance, modification, construction, or expansion of any water resource facility or utility facility located within or adjacent to the Rim of the Valley Unit;

“(I) terminate the fee title to lands or customary operation, maintenance, repair, and replacement activities on or under such lands granted to public agencies that are authorized pursuant to Federal or State statute;

“(J) interfere with, obstruct, hinder, or delay the exercise of any right to, or access to any water resource facility or other facility or property necessary or useful to access any water right to operate any public water or utility system;

“(K) require initiation or reinitiation of consultation with the United States Fish and Wildlife Service under, or the application of provisions of, the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), or division A of subtitle III of title 54, United States Code, concerning any action or activity affecting water, water rights or water management or water resource facilities within the Rim of the Valley Unit; or

“(L) limit the Secretary’s ability to update applicable fire management plans, which may consider fuels management strategies including managed natural fire, prescribed fires, non-fire mechanical hazardous fuel reduction activities, or post-fire remediation of damage to natural and cultural resources.

“(4) The activities of a utility facility or water resource facility shall take into consideration ways to reasonably avoid or reduce the impact on the resources of the Rim of the Valley Unit.

“(5) For the purpose of paragraph (4)—

“(A) the term ‘utility facility’ means electric substations, communication facilities, towers, poles, and lines, ground wires, communications circuits, and other structures, and related infrastructure; and

“(B) the term ‘water resource facility’ means irrigation and pumping facilities; dams and reservoirs; flood control facilities; water conservation works, including debris protection facilities, sediment placement sites, rain gauges, and stream gauges; water quality, recycled water, and pumping facilities; conveyance distribution systems; water treatment facilities; aqueducts; canals; ditches; pipelines; wells; hydropower projects; transmission facilities; and other ancillary facilities, groundwater recharge facilities, water conservation, water filtration plants, and other water diversion, conservation, groundwater recharge, storage, and carriage structures.”.

SEC. 601. Short title.

This title may be cited as the “Wild Olympics Wilderness and Wild and Scenic Rivers Act”.

SEC. 602. Designation of olympic national forest wilderness areas.

(a) In general.—In furtherance of the Wilderness Act (16 U.S.C. 1131 et seq.), the following Federal land in the Olympic National Forest in the State of Washington comprising approximately 126,554 acres, as generally depicted on the map entitled “Proposed Wild Olympics Wilderness and Wild and Scenic Rivers Act” and dated April 8, 2019 (referred to in this section as the “map”), is designated as wilderness and as components of the National Wilderness Preservation System:

(1) LOST CREEK WILDERNESS.—Certain Federal land managed by the Forest Service, comprising approximately 7,159 acres, as generally depicted on the map, which shall be known as the “Lost Creek Wilderness”.

(2) RUGGED RIDGE WILDERNESS.—Certain Federal land managed by the Forest Service, comprising approximately 5,956 acres, as generally depicted on the map, which shall be known as the “Rugged Ridge Wilderness”.

(3) ALCKEE CREEK WILDERNESS.—Certain Federal land managed by the Forest Service, comprising approximately 1,787 acres, as generally depicted on the map, which shall be known as the “Alckee Creek Wilderness”.

(4) GATES OF THE ELWHA WILDERNESS.—Certain Federal land managed by the Forest Service, comprising approximately 5,669 acres, as generally depicted on the map, which shall be known as the “Gates of the Elwha Wilderness”.

(5) BUCKHORN WILDERNESS ADDITIONS.—Certain Federal land managed by the Forest Service, comprising approximately 21,965 acres, as generally depicted on the map, is incorporated in, and shall be managed as part of, the “Buckhorn Wilderness”, as designated by section 3 of the Washington State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98–339).

(6) GREEN MOUNTAIN WILDERNESS.—Certain Federal land managed by the Forest Service, comprising approximately 4,790 acres, as generally depicted on the map, which shall be known as the “Green Mountain Wilderness”.

(7) THE BROTHERS WILDERNESS ADDITIONS.—Certain land managed by the Forest Service, comprising approximately 8,625 acres, as generally depicted on the map, is incorporated in, and shall be managed as part of, the “The Brothers Wilderness”, as designated by section 3 of the Washington State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98–339).

(8) MOUNT SKOKOMISH WILDERNESS ADDITIONS.—Certain land managed by the Forest Service, comprising approximately 8,933 acres, as generally depicted on the map, is incorporated in, and shall be managed as part of, the “Mount Skokomish Wilderness”, as designated by section 3 of the Washington State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98–339).

(9) WONDER MOUNTAIN WILDERNESS ADDITIONS.—Certain land managed by the Forest Service, comprising approximately 26,517 acres, as generally depicted on the map, is incorporated in, and shall be managed as part of, the “Wonder Mountain Wilderness”, as designated by section 3 of the Washington State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98–339).

(10) MOONLIGHT DOME WILDERNESS.—Certain Federal land managed by the Forest Service, comprising approximately 9,117 acres, as generally depicted on the map, which shall be known as the “Moonlight Dome Wilderness”.

(11) SOUTH QUINAULT RIDGE WILDERNESS.—Certain Federal land managed by the Forest Service, comprising approximately 10,887 acres, as generally depicted on the map, which shall be known as the “South Quinault Ridge Wilderness”.

(12) COLONEL BOB WILDERNESS ADDITIONS.—Certain Federal land managed by the Forest Service, comprising approximately 353 acres, as generally depicted on the map, is incorporated in, and shall be managed as part of, the “Colonel Bob Wilderness”, as designated by section 3 of the Washington State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98–339).

(13) SAM’S RIVER WILDERNESS.—Certain Federal land managed by the Forest Service, comprising approximately 13,418 acres, as generally depicted on the map, which shall be known as the “Sam’s River Wilderness”.

(14) CANOE CREEK WILDERNESS.—Certain Federal land managed by the Forest Service, comprising approximately 1,378 acres, as generally depicted on the map, which shall be known as the “Canoe Creek Wilderness”.

(b) Administration.—

(1) MANAGEMENT.—Subject to valid existing rights, the land designated as wilderness by subsection (a) shall be administered by the Secretary of Agriculture (referred to in this section as the “Secretary”), in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that 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.

(2) MAP AND DESCRIPTION.—

(A) IN GENERAL.—As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the land designated as wilderness by subsection (a) with—

(i) the Committee on Natural Resources of the House of Representatives; and

(ii) the Committee on Energy and Natural Resources of the Senate.

(B) EFFECT.—Each map and legal description filed under subparagraph (A) shall have the same force and effect as if included in this title, except that the Secretary may correct minor errors in the map and legal description.

(C) PUBLIC AVAILABILITY.—Each map and legal description filed under subparagraph (A) shall be filed and made available for public inspection in the appropriate office of the Forest Service.

(1) IN GENERAL.—In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land managed by the Forest Service, comprising approximately 5,346 acres as identified as “Potential Wilderness” on the map, is designated as potential wilderness.

(2) DESIGNATION AS WILDERNESS.—On the date on which the Secretary publishes in the Federal Register notice that any nonconforming uses in the potential wilderness designated by paragraph (1) have terminated, the potential wilderness shall be—

(A) designated as wilderness and as a component of the National Wilderness Preservation System; and

(B) incorporated into the adjacent wilderness area.

(d) Adjacent management.—

(1) NO PROTECTIVE PERIMETERS OR BUFFER ZONES.—The designations in this section shall not create a protective perimeter or buffer zone around any wilderness area.

(2) NONCONFORMING USES PERMITTED OUTSIDE OF BOUNDARIES OF WILDERNESS AREAS.—Any activity or use outside of the boundary of any wilderness area designated under this section shall be permitted even if the activity or use would be seen or heard within the boundary of the wilderness area.

(e) Fire, insects, and diseases.—The Secretary may take such measures as are necessary to control fire, insects, and diseases, in the wilderness areas designated by this section, in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and subject to such terms and conditions as the Secretary determines to be appropriate.

SEC. 603. Wild and scenic river designations.

(a) In general.—Section 3(a) of the National Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following:

“(231) ELWHA RIVER, WASHINGTON.—The approximately 29.0-mile segment of the Elwha River and tributaries from the source to Cat Creek, to be administered by the Secretary of the Interior as a wild river.

“(232) DUNGENESS RIVER, WASHINGTON.—The segment of the Dungeness River from the headwaters to the State of Washington Department of Natural Resources land in T. 29 N., R. 4 W., sec. 12, to be administered by the Secretary of Agriculture, except that portions of the river within the boundaries of Olympic National Park shall be administered by the Secretary of the Interior, including the following segments of the mainstem and major tributary the Gray Wolf River, in the following classes:

“(A) The approximately 5.8-mile segment of the Dungeness River from the headwaters to the 2870 Bridge, as a wild river.

“(B) The approximately 2.1-mile segment of the Dungeness River from the 2870 Bridge to Silver Creek, as a scenic river.

“(C) The approximately 2.7-mile segment of the Dungeness River from Silver Creek to Sleepy Hollow Creek, as a wild river.

“(D) The approximately 6.3-mile segment of the Dungeness River from Sleepy Hollow Creek to the Olympic National Forest boundary, as a scenic river.

“(E) The approximately 1.9-mile segment of the Dungeness River from the National Forest boundary to the State of Washington Department of Natural Resources land in T. 29 N., R. 4 W., sec. 12, to be administered as a recreational river through a cooperative management agreement between the State of Washington and the Secretary of Agriculture as provided in section 10(e) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(e)).

“(F) The approximately 16.1-mile segment of the Gray Wolf River from the headwaters to the 2870 Bridge, as a wild river.

“(G) The approximately 1.1-mile segment of the Gray Wolf River from the 2870 Bridge to the confluence with the Dungeness River, as a scenic river.

“(233) BIG QUILCENE RIVER, WASHINGTON.—The segment of the Big Quilcene River from the headwaters to the City of Port Townsend water intake facility, to be administered by the Secretary of Agriculture, in the following classes:

“(A) The approximately 4.4-mile segment from the headwaters to the Buckhorn Wilderness boundary, as a wild river.

“(B) The approximately 5.3-mile segment from the Buckhorn Wilderness boundary to the City of Port Townsend water intake facility, as a scenic river.

“(C) Section 7(a), with respect to the licensing of dams, water conduits, reservoirs, powerhouses, transmission lines, or other project works, shall apply to the approximately 5-mile segment from the City of Port Townsend water intake facility to the Olympic National Forest boundary.

“(234) DOSEWALLIPS RIVER, WASHINGTON.—The segment of the Dosewallips River from the headwaters to the private land in T. 26 N., R. 3 W., sec. 15, to be administered by the Secretary of Agriculture, except that portions of the river within the boundaries of Olympic National Park shall be administered by the Secretary of the Interior, in the following classes:

“(A) The approximately 12.9-mile segment from the headwaters to Station Creek, as a wild river.

“(B) The approximately 6.8-mile segment from Station Creek to the private land in T. 26 N., R. 3 W., sec. 15, as a scenic river.

“(235) DUCKABUSH RIVER, WASHINGTON.—The segment of the Duckabush River from the headwaters to the private land in T. 25 N., R. 3 W., sec. 1, to be administered by the Secretary of Agriculture, except that portions of the river within the boundaries of Olympic National Park shall be administered by the Secretary of the Interior, in the following classes:

“(A) The approximately 19.0-mile segment from the headwaters to the Brothers Wilderness boundary, as a wild river.

“(B) The approximately 1.9-mile segment from the Brothers Wilderness boundary to the private land in T. 25 N., R. 3 W., sec. 1, as a scenic river.

“(236) HAMMA HAMMA RIVER, WASHINGTON.—The segment of the Hamma Hamma River from the headwaters to the eastern edge of the NW1⁄4 sec. 21, T. 24 N., R. 3 W., to be administered by the Secretary of Agriculture, in the following classes:

“(A) The approximately 3.1-mile segment from the headwaters to the Mt. Skokomish Wilderness boundary, as a wild river.

“(B) The approximately 5.8-mile segment from the Mt. Skokomish Wilderness boundary to Lena Creek, as a scenic river.

“(C) The approximately 6.8-mile segment from Lena Creek to the eastern edge of the NW1⁄4 sec. 21, T. 24 N., R. 3 W., to be administered as a recreational river through a cooperative management agreement between the State of Washington and the Secretary of Agriculture as provided in section 10(e) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(e)).

“(237) SOUTH FORK SKOKOMISH RIVER, WASHINGTON.—The segment of the South Fork Skokomish River from the headwaters to the Olympic National Forest boundary to be administered by the Secretary of Agriculture, in the following classes:

“(A) The approximately 6.7-mile segment from the headwaters to Church Creek, as a wild river.

“(B) The approximately 8.3-mile segment from Church Creek to LeBar Creek, as a scenic river.

“(C) The approximately 4.0-mile segment from LeBar Creek to upper end of gorge in the NW1⁄4 sec. 22, T. 22 N., R. 5 W., as a recreational river.

“(D) The approximately 6.0-mile segment from the upper end of the gorge to the Olympic National Forest boundary, as a scenic river.

“(238) MIDDLE FORK SATSOP RIVER, WASHINGTON.—The approximately 7.9-mile segment of the Middle Fork Satsop River from the headwaters to the Olympic National Forest boundary, to be administered by the Secretary of Agriculture, as a scenic river.

“(239) WEST FORK SATSOP RIVER, WASHINGTON.—The approximately 8.2-mile segment of the West Fork Satsop River from the headwaters to the Olympic National Forest boundary, to be administered by the Secretary of Agriculture, as a scenic river.

“(240) WYNOOCHEE RIVER, WASHINGTON.—The segment of the Wynoochee River from the headwaters to the head of Wynoochee Reservoir to be administered by the Secretary of Agriculture, except that portions of the river within the boundaries of Olympic National Park shall be administered by the Secretary of the Interior, in the following classes:

“(A) The approximately 2.5-mile segment from the headwaters to the boundary of the Wonder Mountain Wilderness, as a wild river.

“(B) The approximately 7.4-mile segment from the boundary of the Wonder Mountain Wilderness to the head of Wynoochee Reservoir, as a recreational river.

“(241) EAST FORK HUMPTULIPS RIVER, WASHINGTON.—The segment of the East Fork Humptulips River from the headwaters to the Olympic National Forest boundary to be administered by the Secretary of Agriculture, in the following classes:

“(A) The approximately 7.4-mile segment from the headwaters to the Moonlight Dome Wilderness boundary, as a wild river.

“(B) The approximately 10.3-mile segment from the Moonlight Dome Wilderness boundary to the Olympic National Forest boundary, as a scenic river.

“(242) WEST FORK HUMPTULIPS RIVER, WASHINGTON.—The approximately 21.4-mile segment of the West Fork Humptulips River from the headwaters to the Olympic National Forest Boundary, to be administered by the Secretary of Agriculture, as a scenic river.

“(243) QUINAULT RIVER, WASHINGTON.—The segment of the Quinault River from the headwaters to private land in T. 24 N., R. 8 W., sec. 33, to be administered by the Secretary of the Interior, in the following classes:

“(A) The approximately 16.5-mile segment from the headwaters to Graves Creek, as a wild river.

“(B) The approximately 6.7-mile segment from Graves Creek to Cannings Creek, as a scenic river.

“(C) The approximately 1.0-mile segment from Cannings Creek to private land in T. 24 N., R. 8 W., sec. 33, as a recreational river.

“(244) QUEETS RIVER, WASHINGTON.—The segment of the Queets River from the headwaters to the Olympic National Park boundary to be administered by the Secretary of the Interior, except that portions of the river outside the boundaries of Olympic National Park shall be administered by the Secretary of Agriculture, including the following segments of the mainstem and certain tributaries in the following classes:

“(A) The approximately 28.6-mile segment of the Queets River from the headwaters to the confluence with Sams River, as a wild river.

“(B) The approximately 16.0-mile segment of the Queets River from the confluence with Sams River to the Olympic National Park boundary, as a scenic river.

“(C) The approximately 15.7-mile segment of the Sams River from the headwaters to the confluence with the Queets River, as a scenic river.

“(D) The approximately 17.7-mile segment of Matheny Creek from the headwaters to the confluence with the Queets River, to be administered as a scenic river through a cooperative management agreement between the State of Washington and the Secretary of Agriculture as provided in section 10(e) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(e)).

“(245) HOH RIVER, WASHINGTON.—The segment of the Hoh River and the major tributary South Fork Hoh from the headwaters to Olympic National Park boundary, to be administered by the Secretary of the Interior, in the following classes:

“(A) The approximately 20.7-mile segment of the Hoh River from the headwaters to Jackson Creek, as a wild river.

“(B) The approximately 6.0-mile segment of the Hoh River from Jackson Creek to the Olympic National Park boundary, as a scenic river.

“(C) The approximately 13.8-mile segment of the South Fork Hoh River from the headwaters to the Olympic National Park boundary, as a wild river.

“(D) The approximately 4.6-mile segment of the South Fork Hoh River from the Olympic National Park boundary to the Washington State Department of Natural Resources boundary in T. 27 N., R. 10 W., sec. 29, to be administered as a recreational river through a cooperative management agreement between the State of Washington and the Secretary of Agriculture as provided in section 10(e) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(e)).

“(246) BOGACHIEL RIVER, WASHINGTON.—The approximately 25.6-mile segment of the Bogachiel River from the source to the Olympic National Park boundary, to be administered by the Secretary of the Interior, as a wild river.

“(247) SOUTH FORK CALAWAH RIVER, WASHINGTON.—The segment of the South Fork Calawah River and the major tributary Sitkum River from the headwaters to Hyas Creek to be administered by the Secretary of Agriculture, except those portions of the river within the boundaries of Olympic National Park shall be administered by the Secretary of the Interior, including the following segments in the following classes:

“(A) The approximately 15.7-mile segment of the South Fork Calawah River from the headwaters to the Sitkum River, as a wild river.

“(B) The approximately 0.9-mile segment of the South Fork Calawah River from the Sitkum River to Hyas Creek, as a scenic river.

“(C) The approximately 1.6-mile segment of the Sitkum River from the headwaters to the Rugged Ridge Wilderness boundary, as a wild river.

“(D) The approximately 11.9-mile segment of the Sitkum River from the Rugged Ridge Wilderness boundary to the confluence with the South Fork Calawah, as a scenic river.

“(248) SOL DUC RIVER, WASHINGTON.—The segment of the Sol Duc River from the headwaters to the Olympic National Park boundary to be administered by the Secretary of the Interior, including the following segments of the mainstem and certain tributaries in the following classes:

“(A) The approximately 7.0-mile segment of the Sol Duc River from the headwaters to the end of Sol Duc Hot Springs Road, as a wild river.

“(B) The approximately 10.8-mile segment of the Sol Duc River from the end of Sol Duc Hot Springs Road to the Olympic National Park boundary, as a scenic river.

“(C) The approximately 14.2-mile segment of the North Fork Sol Duc River from the headwaters to the Olympic Hot Springs Road bridge, as a wild river.

“(D) The approximately 0.2-mile segment of the North Fork Sol Duc River from the Olympic Hot Springs Road bridge to the confluence with the Sol Duc River, as a scenic river.

“(E) The approximately 8.0-mile segment of the South Fork Sol Duc River from the headwaters to the confluence with the Sol Duc River, as a scenic river.

“(249) LYRE RIVER, WASHINGTON.—The approximately 0.2-mile segment of the Lyre River from Lake Crescent to the Olympic National Park boundary, to be administered by the Secretary of the Interior as a scenic river.”.

(b) Restoration activities.—Consistent with the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) (including any regulations issued under that Act), the Secretary of Agriculture or the Secretary of the Interior, as applicable, may authorize an activity or project for a component of the Wild and Scenic Rivers System designated under the amendments made by subsection (a), the primary purpose of which is—

(1) river restoration;

(2) the recovery of a species listed as endangered or threatened under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or

(3) restoring ecological and hydrological function.

(1) IN GENERAL.—Except as provided in paragraph (2), not later than 3 years after the date of the enactment of this Act, the Secretary of Agriculture shall, with respect to the designations made under subsection (a) on lands under the jurisdiction of the Secretary, incorporate such designations into updated management plans for units of the National Forest System in accordance with applicable laws (including regulations).

(2) EXCEPTION.—The date specified in paragraph (1) shall be 5 years after the date of the enactment of this Act if the Secretary of Agriculture—

(A) is unable to meet the requirement under such paragraph by the date specified in such paragraph; and

(B) not later than 3 years after the date of the enactment of this Act, includes in the Department of Agriculture annual budget submission to Congress a request for additional sums as may be necessary to meet the requirement of such paragraph.

(3) COMPREHENSIVE MANAGEMENT PLAN REQUIREMENTS.—Updated management plans under paragraph (1) or (2) satisfy the requirements under section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)).