H.R. 7900 — Reported in House → Engrossed in House

Sec. 2 Organization of Act into divisions; table of contents

(a)

changed Divisions— This Act is organized into ~~five~~ nine divisions as follows:

(1)

Division A—Department of Defense Authorizations.

(2)

Division B—Military Construction Authorizations.

(3)

Division C—Department of Energy National Security Authorizations and Other Authorizations.

(4)

Division D—Funding Tables.

(5)

changed Division E—Non-Department of Defense ~~Matters~~Matters.

(6)

added Division F—Other Matters.

(7)

added Division G—Don Young Coast Guard Authorization Act of 2022.

(8)

added Division H—Financial Transparency.

(9)

added Division I—Public Lands.

(b)

Table of contents— The table of contents for this Act is as follows:

Sec. 118 Funding for additional Joint Strike Fighter aircraft

added

(a)

added Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 101 for aircraft procurement, Navy, as specified in the corresponding funding table in section 4101, for Joint Strike Fighter CV, line 002, is hereby increased by $354,000,000 (with the amount of such increase to used for the procurement of three additional Joint Strike Fighter aircraft).

(b)

added Offsets—

(1)

added 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, Army, as specified in the corresponding funding table in section 4301, for operating forces, maneuver units, line 010, is hereby reduced by $50,000,000.

(2)

added 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, Army, as specified in the corresponding funding table in section 4301, for operating forces, aviation assets, line 060, is hereby reduced by $100,000,000.

(3)

added 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, Army, as specified in the corresponding funding table in section 4301, for training and recruiting, training support, line 340, is hereby reduced by $16,000,000.

(4)

added 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, Army, as specified in the corresponding funding table in section 4301, for administration and service-wide activities, other personnel support, line 480, is hereby reduced by $23,000,000.

(5)

added 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, Navy, as specified in the corresponding funding table in section 4301, for operating forces, weapons maintenance, line 250, is hereby reduced by $62,500,000.

(6)

added 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, Navy, as specified in the corresponding funding table in section 4301, for administration and service-wide activities, military manpower and personnel management, line 470, is hereby reduced by $30,000,000.

(7)

added 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, Marine Corps, as specified in the corresponding funding table in section 4301, for operating forces, operational forces, line 010, is hereby reduced by $16,500,000.

(8)

added 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, as specified in the corresponding funding table in section 4301, for operating forces, base support, line 090, is hereby reduced by $56,000,000.

Sec. 119 Report on advance procurement for CVN–82 and CVN–83

added

(a)

added Report— Not later than February 1, 2023, the Secretary of the Navy shall submit to the congressional defense committees a report on the plan of the Navy for advance procurement for the aircraft carriers designated CVN–82 and CVN–83.

(b)

added Elements— The report required by subsection (a) shall include an assessment of—

(1)

added the value, cost, and feasibility of a two-year advance procurement for a single aircraft carrier acquisition strategy;

(2)

added the value, cost, and feasibility of a three-year advance procurement for a single aircraft carrier acquisition strategy;

(3)

added the value, cost, and feasibility of a two-year advance procurement for a two aircraft carrier acquisition strategy;

(4)

added the value, cost, and feasibility of a three-year advance procurement for a two aircraft carrier acquisition strategy; and

(5)

added the effect of a multiple carrier acquisition plan on force development and fleet capability.

Sec. 119A Report on applicability of DDG(X) electric-drive propulsion system

added

added Not later than 30 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 includes an analysis of—

(1)

added the power and propulsion requirements for the DDG(X) destroyer;

(2)

added how such requirements compare to the power and propulsion requirements for the DDG–1000 Zumwalt class destroyer and the DDG–51 Arleigh Burke class destroyer, respectively;

(3)

added the ability of the Navy to leverage existing investments in the electric-drive propulsion system developed for the DDG(X) destroyer to reduce cost and risk; and

(4)

added the ability to design and manufacture components for such system in the United States.

Sec. 119B Prohibition on availability of funds for disposal of Littoral Combat Ships

added

(a)

added Prohibition— None of the funds authorized to appropriated by this Act or otherwise made available for fiscal year 2023 for the Navy may be obligated or expended to dispose of or dismantle a Littoral Combat Ship.

(b)

added Exception— The prohibition under subsection (a) shall not apply to the transfer of a Littoral Combat Ship to the military forces of a nation that is an ally or partner of the United States.

Sec. 133 Requirements study and acquisition strategy for the combat search and rescue mission of the Air Force

(a)

Requirements study—

(1)

In general— The Secretary of the Air Force shall conduct a study to determine the requirements for the combat search and rescue mission of the Air Force in support of the objectives of the National Defense Strategy.

(2)

Elements— The study under paragraph (1) shall include the following:

(A)

Identification of anticipated combat search and rescue mission requirements necessary to meet the objectives of the most recent National Defense Strategy, including—

(i)

requirements for short-term, mid-term, and long-term contingency and steady-state operations against adversaries;

(ii)

requirements under the Agile Combat Employment operational scheme of the Air Force;

(iii)

requirements relating to regions and specific geographic areas that are expected to have a need for combat search and rescue forces based on the combat-relevant range and penetration capability of United States air assets and associated weapon systems; and

(iv)

the level of operational risk associated with each likely requirement and scenario.

(B)

An assessment of the rotary, tilt, and fixed wing aircraft and key combat search and rescue enabling capabilities that—

(i)

are needed to meet the requirements identified under subparagraph (A); and

(ii)

have been accounted for in the budget of the Air Force as of the date of the study.

(C)

Identification of any combat search and rescue capability gaps, including an assessment of—

(i)

whether and to what extent such gaps may affect the ability of the Air Force to conduct combat search and rescue operations;

(ii)

any capability gaps that may be created by procuring fewer HH–60W aircraft than planned under the program of record, including any expected changes to the plan for fielding such aircraft for active, reserve, and National Guard units; and

(iii)

any capability gaps attributable to unfunded requirements.

(D)

changed Identification and assessment of key current, emerging, and future technologies with potential application to the combat search and rescue mission, including electric vertical takeoff and landing, unmanned aerial systems, armed air launched effects or similar armed capabilities, electric short take-off and landing, or a combination of such technologies.

(E)

An assessment of each technology identified under subparagraph (D), including (as applicable) an assessment of—

(i)

technology maturity;

(ii)

suitability to the combat search and rescue mission;

(iii)

range;

(iv)

speed;

(v)

payload capability and capacity;

(vi)

radio frequency and infrared signatures;

(vii)

operational conditions required for the use of such technology, such as runway availability;

(viii)

survivability;

(ix)

lethality;

(x)

potential to support combat missions other than combat search and rescue; and

(xi)

estimated cost.

(3)

Submittal to Congress—

(A)

In general— Not later than March 30, 2023, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the study under paragraph (1).

(B)

Form— The report required under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.

(b)

Acquisition strategy—

(1)

In general— Based on the results of the study conducted under subsection (a), the Secretary of the Air Force shall develop a strategy for the acquisition of capabilities to meet the requirements identified under such study.

(2)

Elements— The acquisition strategy under paragraph (1) shall include—

(A)

A prioritized list of the capabilities needed to meet the requirements identified under subsection (a).

(B)

The estimated costs of such capabilities, including—

(i)

any amounts already budgeted for such capabilities as of the date of the strategy, including amounts already budgeted for emerging and future technologies; and

(ii)

any amounts not already budgeted for such capabilities as of such date.

(C)

An estimate of the date by which the capability is expected to become operational.

(D)

A description of any requirements identified under subsection (a) that the Secretary of the Air Force does not expect to meet as part of the acquisition strategy and an explanation of the reasons such requirements cannot be met.

(3)

Submittal to Congress—

(A)

In general— Not later than June 1, 2023, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the acquisition strategy developed under paragraph (1).

(B)

Form— The report required under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.

Sec. 137 Limitation on divestment of F–15 aircraft

added

(a)

added Limitation— Beginning on October 1, 2023, Secretary of the Air Force may not divest, or prepare to divest, any covered F–15 aircraft until a period of 180 days has elapsed following the date on which the Secretary submits the report required under subsection (b).

(b)

added Report required— The Secretary of the Air Force shall submit to the congressional defense committees a report on the following:

(1)

added Any plans of the Secretary to divest covered F–15 aircraft during the period covered by the most recent future-years defense program submitted to Congress under section 221 of title 10, United States Code, including—

(A)

added a description of each proposed divestment by fiscal year and location;

(B)

added an explanation of the anticipated effects of such divestments on the missions, personnel, force structure, and budgeting of the Air Force;

(C)

added a description of the actions the Secretary intends to carry out—

(i)

added to mitigate any negative effects identified under subparagraph (B); and

(ii)

added to modify or replace the missions and capabilities of any units and military installations affected by such divestments; and

(D)

added an assessment of how such divestments may affect the ability of the Air Force to maintain minimum tactical aircraft inventories.

(2)

added Any plans of the Secretary to procure covered F–15 aircraft.

(3)

added Any specific plans of the Secretary to deviate from procurement of new F–15EX aircraft as articulated by the validated requirements contained in Air Force Requirements Decision Memorandum, dated February 1, 2019, regarding F–15EX Rapid Fielding Requirements Document, dated January 16, 2019.

(c)

added Covered F–15 aircraft defined— In this section, the term “covered F–15 aircraft” means the following:

(1)

added F–15C aircraft.

(2)

added F–15D aircraft.

(3)

added F–15E aircraft.

(4)

added F–15EX aircraft.

Sec. 138 Funding for C–130 Modular Airborne Firefighting System

added

(a)

added Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 101 for aircraft procurement, Air Force, as specified in the corresponding funding table in section 4101, for other aircraft, C–130, line 049, is hereby increased by $60,000,000 (with the amount of such increase to be used for the modular airborne firefighting system).

(b)

added 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, Office of the Secretary of Defense, line 440, is hereby reduced by $60,000,000.

Sec. 139 Requirement to maintain fleet of manned intelligence, surveillance, and reconnaissance aircraft

added

(a)

added Manned intelligence, surveillance, and reconnaissance aircraft—

(1)

added In general— The Secretary of the Air Force, in coordination with Director of the Air National Guard, shall maintain a fleet of fixed wing, manned ISR/IAA aircraft to conduct operations pursuant to the provisions of law specified in paragraph (2).

(2)

added Provisions specified— The provisions of law specified in this paragraph are the following:

(A)

added Sections 124 and 284 of title 10, United States Code.

(B)

added Section 112 of title 32, United States Code.

(C)

added Section 1022 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 271 note).

(b)

added Limitation—

(1)

added In general— Except as provided in paragraph (2), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2023 for the Air Force may be obligated or expended to retire, divest, realign, or placed in storage or on backup aircraft inventory status, or to prepare to retire, divest, realign, or place in storage or on backup aircraft inventory status, any RC–26B aircraft.

(2)

added Exception—

(A)

added In general— The limitation in paragraph (1) shall not apply to individual RC–26 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable because of a Class A mishap.

(B)

added Certification required— If the Secretary of the Air Force determines under subparagraph (A) that an aircraft is no longer mission capable, the Secretary shall submit to the congressional defense committees a certification that the status of such aircraft is due to a Class A mishap and not due to lack of maintenance or repairs or other reasons.

(c)

added Funding for RC–26B manned intelligence, surveillance, and reconnaissance platform—

(1)

added Of the amount authorized to be appropriated in section 301 for operation and maintenance as specified in the corresponding funding in section 4301, for operation and maintenance, Air National Guard, the Secretary of the Air Force shall transfer up to $18,500,000 for the purposes of the RC–26B manned intelligence, surveillance, and reconnaissance platform.

(2)

added Of the amount authorized to be appropriated in section 421 for military personnel, as specified in the corresponding finding table in section 4401, the Secretary of the Air Force shall transfer up to $13,000,000 from military personnel, Air National Guard for personnel who operate and maintain the RC–26B manned intelligence, surveillance, and reconnaissance platform.

(d)

added Memorandum of agreement— Notwithstanding any other provision of law, the Secretary of Defense may enter into one or more memoranda of agreement or cost sharing agreements with other Federal entities for the purposes of assisting with the missions and activities of such entities.

(e)

added Independent assessment— Not later than 30 days after the date of the enactment of this Act, the Director of Cost Assessment and Program Evaluation shall conduct an independent assessment to determine how the Air Force can—

(1)

added provide manned ISR/IAA capabilities for the purposes of conducting operations pursuant to the provisions of law specified in subsection (a)(2); and

(2)

added maintain and modernize the manned ISR/IAA aircraft fleet over the period of ten years following the date of the enactment of this Act.

(f)

added Comptroller General study—

(1)

added Study— The Comptroller General of the United States shall conduct an independent study of the platforms used to conduct title 32 operations by manned ISR/IAA aircraft in light of the proposal of the Air Force to retire and divest the RC–26B aircraft fleet.

(2)

added Briefing— Not later than September 31, 2023, the Comptroller General shall provide to the congressional defense committees a briefing on the preliminary findings of the study under paragraph (1). The briefing shall include an assessment of—

(A)

added the alternatives considered by the Air Force that led to the recommendation to retire the RC–26B aircraft, including the relative costs, benefits, and assumptions associated with the alternatives to such retirement;

(B)

added any capability gaps in manned ISR/IAA that would be created by such retirement;

(C)

added the extent to which the Department of Defense has plans to address any capability gaps identified under subparagraph (B); and

(D)

added any capability gaps in manned ISR/IAA that could be created by the added cost to the Air Force of retaining the RC–26B fleet.

(3)

added Report— As soon as practicable after the date of the briefing under paragraph (2), the Comptroller General shall submit to the congressional defense committees a report on the final results of the study conducted under paragraph (1).

(g)

added ISR/IAA defined— In this section, the term “ISR/IAA” means—

(1)

added intelligence, surveillance, and reconnaissance; and

(2)

added incident awareness and assessment.

Sec. 139A Procurement authority for commercial engineering software

added

(a)

added Procurement authority— The Secretary of the Air Force may enter into one or more contracts for the procurement of commercial engineering software to meet the digital transformation goals and objectives of the Department of the Air Force.

(b)

added Inclusion of program element in budget materials— In the materials submitted by the Secretary of the Air Force in support of the budget of the President for fiscal year 2024 (as submitted to Congress pursuant to section 1105 of title 31, United States Code), the Secretary shall include a program element dedicated to the procurement and management of the commercial engineering software described in subsection (a).

(c)

added Review— In carrying out subsection (a), the Secretary of the Air Force shall—

(1)

added review the commercial physics-based simulation marketspace; and

(2)

added conduct research on providers of commercial software capabilities that have the potential to expedite the progress of digital engineering initiatives across the weapon system enterprise, with a particular focus on capabilities that have the potential to generate significant life-cycle cost savings, streamline and accelerate weapon system acquisition, and provide data-driven approaches to inform investments by the Department of the Air Force.

(d)

added Report— Not later than March 1, 2023, the Secretary of the Air Force shall submit to the congressional defense committees a report that includes—

(1)

added an analysis of specific physics-based simulation capability manufacturers that deliver high mission impact with broad reach into the weapon system enterprise of the Department of the Air Force; and

(2)

added a prioritized list of programs and offices of the Department of the Air Force that could better utilize commercial physics-based modeling and simulation and opportunities for the implementation of such modeling and simulation capabilities within the Department.

Sec. 139B Sense of congress regarding united states air national guard refueling mission

added

added It is the sense of Congress that—

(1)

added the refueling mission of the reserve components of the Air Force is essential to ensuring the national security of the United States and our allies;

(2)

added this mission provides for aerial aircraft refueling essential to extending the range of aircraft, which is a critical capability when facing the current threats abroad; and

(3)

added the Air Force should ensure any plan to retire KC–135 aircraft includes equal replacement with KC–46A aircraft.

Sec. 219 Measures to increase the capacity of historically Black colleges and universities and other minority-serving institutions to achieve very high research activity status

(a)

Purpose— The purpose of the program established under this section is to provide additional pathways needed for further increasing capacity at historically Black colleges and universities and other minority-serving institutions to achieve and maintain very high research activity status.

(b)

Program to increase capacity toward achieving very high research activity status—

(1)

Program—

(A)

In general— The Secretary shall establish and carry out, using funds made available for research activities, a pilot program to increase capacity at high research activity status historically Black colleges and universities and other minority-serving institutions toward achieving very high research activity status during the grant period.

(B)

Recommendations— In establishing such program, the Secretary may consider the recommendations pursuant to section 262 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 4144 note) and section 220 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1597).

(2)

Grants authorized— The Secretary shall award, on a competitive basis, grants to eligible institutions to carry out the activities under paragraph (4)(A).

(3)

Application— An eligible institution seeking a grant under this section 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 description of—

(A)

nascent research capabilities with respect to research areas of interest to the Department of Defense;

(B)

a plan for increasing the level of research activity toward achieving very high research activity status classification during the grant period, including measurable milestones such as growth in very high research activity status indicators and other relevant factors;

(C)

how such institution will sustain the increased level of research activity after the conclusion of the grant period; and

(D)

how the institution will evaluate and assess progress with respect to the implementation of the plan under subparagraph (B).

(4)

Program components—

(A)

Use of funds— An eligible institution that receives a grant under this section shall use the grant funds to support research activities with respect to research areas for STEM and critical technologies, as determined by the Secretary under subparagraph (B), including—

(i)

faculty professional development;

(ii)

stipends for undergraduate and graduate students and post-doctoral scholars;

(iii)

laboratory equipment and instrumentation;

(iv)

recruitment and retention of faculty and graduate students;

(v)

communication and dissemination of products produced during the grant period;

(vi)

construction, modernization, rehabilitation, or retrofitting of facilities for research purposes; and

(vii)

other activities necessary to build capacity in achieving very high research activity status indicators.

(B)

Strategic areas of scientific research— The Secretary, in consultation with the Defense Science Board, shall establish and update, on an annual basis, a list of research areas for STEM and critical technologies.

(C)

Research progress reporting—

(i)

In general— Not later than 3 years after receiving a grant under this section, and every 3 years thereafter, an eligible institution shall submit to the Secretary—

(I)

a report that includes an assessment by the institution, using the criteria established in clause (ii), of the progress made by such institution with respect to achieving very high research activity indicators; and

(II)

an updated plan described in paragraph (3)(B).

(ii)

Research assessment— The Secretary, in partnership with the eligible institution, shall establish criteria for the report required under clause (i)(I).

(D)

Grant period— A grant awarded under this section shall be for a period of not more than 10 years, to be determined by the Secretary.

(E)

Expansion of eligibility— The Secretary may award grants under this section to historically Black colleges and universities and other minority-serving institutions that are not eligible institutions if the Secretary determines that the program can support such colleges, universities, and institutions while achieving the purpose of the program described in subsection (a).

(5)

Evaluation— Not later than 5 years after the date of the enactment of this Act, the Secretary shall prepare and submit a report to the Committees on Armed Services of the Senate and the House of Representatives providing an update on the pilot program, including—

(A)

activities carried out under the pilot program;

(B)

an analysis of the growth in very high research activity status indicators of eligible institutions that received a grant under this section; and

(C)

emerging research areas of interest to the Department of Defense conducted by eligible institutions that received a grant under this section.

(6)

Termination— The authority of the Secretary to award grants under the pilot program established by this section shall terminate 10 years after the date on which the Secretary establishes such program.

(7)

Report to Congress— Not later than 180 days after the termination of the pilot program under paragraph (6), the Secretary shall prepare and submit a report to the Committees on Armed Services of the Senate and the House of Representatives on the pilot program that includes the following:

(A)

An analysis of the growth in very high research activity status indicators of eligible institutions that received a grant under this section.

(B)

An evaluation on the effectiveness of the program in increasing the research capacity of eligible institutions that received a grant under this section.

(C)

An description of how institutions that have achieved very high research activity status plan to sustain that status beyond the duration of the program.

(D)

An evaluation of the maintenance of very high research status by eligible institutions that received a grant under this section.

(E)

An evaluation of the effectiveness of the program in increasing the diversity of students conducting high quality research in unique areas.

(F)

Recommendations with respect to further activities and investments necessary to elevate the research status of historically Black colleges and universities and other minority-serving institutions.

(G)

Recommendations on whether the program established under this section should be renewed or expanded.

(c)

added Consultation— In designing the program under this section, the Secretary of Defense may consult with the President’s Board of Advisors on historically Black colleges and universities.

(d)

renumbered was (4) Definitions— In this section:

(1)

renumbered was (4)(3) The term eligible institution means a historically Black college or university or other minority-serving institution that is classified as a high research activity status institution at the time of application for a grant under subsection (b).

(2)

renumbered was (4)(4) The term high research activity status means R2 status, as classified by the Carnegie Classification of Institutions of Higher Education.

(3)

renumbered was (4)(5) The term historically Black college or university has the meaning given the term part B institution under section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).

(4)

renumbered was (4)(6) The term “other minority-serving institution” means an institution of higher education specified in paragraphs (2) through (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).

(5)

renumbered was (4)(7) The term Secretary means the Secretary of Defense.

(6)

renumbered was (4)(8) The term very high research activity status means R1 status, as classified by the Carnegie Classification of Institutions of Higher Education.

(7)

renumbered was (4)(9) The term very high research activity status indicators means the categories used by the Carnegie Classification of Institutions of Higher Education to delineate which institutions have very high activity status, including—

(A)

renumbered was (4)(9)(2) annual expenditures in science and engineering;

(B)

renumbered was (4)(9)(3) per-capita (faculty member) expenditures in science and engineering;

(C)

renumbered was (4)(9)(4) annual expenditures in non-science and engineering fields;

(D)

renumbered was (4)(9)(5) per-capita (faculty member) expenditures in non-science and engineering fields;

(E)

renumbered was (4)(9)(6) doctorates awarded in science, technology, engineering, and mathematics fields;

(F)

renumbered was (4)(9)(7) doctorates awarded in social science fields;

(G)

renumbered was (4)(9)(8) doctorates awarded in the humanities;

(H)

renumbered was (4)(9)(9) doctorates awarded in other fields with a research emphasis;

(I)

renumbered was (4)(9)(10) total number of research staff including postdoctoral researchers;

(J)

renumbered was (4)(9)(11) other doctorate-holding non-faculty researchers in science and engineering and per-capita (faculty) number of doctorate-level research staff including post-doctoral researchers; and

(K)

renumbered was (4)(9)(12) other categories utilized to determine classification.

Sec. 221 Pilot program to facilitate the research, development, and production of advanced battery technologies for warfighters

(a)

Establishment— The Secretary of Defense shall carry out a pilot program to be known as the “American Sustainable Battery Production Technologies Program” (referred to in this section as the “Program”). Under the Program, the Secretary shall seek to award assistance to eligible entities to facilitate the research, development, and production of electric battery technologies that may be useful for defense-related purposes.

(b)

Coordination with related programs— The Secretary of Defense shall ensure that activities under the Program are coordinated with—

(1)

the Strategic Environmental Research and Development Program under section 2901 of title 10, United States Code; and

(2)

changed the Department of ~~Energy.~~Energy, including by taking into consideration the potential military application of battery technologies developed by entities awarded grants by the Department under section 40207 of the Infrastructure Investment and Jobs Act (Public law 117–58; 42 U.S.C. 18741).

(c)

Program activities— Under the Program, the Secretary of Defense shall seek to award assistance to eligible entities—

(1)

to conduct research and development into electric battery technologies and any associated manufacturing and production needs;

(2)

to expand the battery recycling capabilities of the Department of Defense;

(3)

to reduce the reliance of the Department of Defense on foreign competitors for critical materials and technologies, including rare earth materials; and

(4)

to transition battery technologies, including technologies developed from other pilot programs, prototype projects, or other research and development programs, from the prototyping phase to production.

(d)

Form of assistance— Assistance awarded to an eligible entity under the Program may consist of a grant, a contract, a cooperative agreement, other transaction, or such other form of assistance as the Secretary of Defense considers appropriate.

(e)

Priority Consideration— In awarding assistance to eligible entities under the Program, the Secretary of Defense shall give priority to entities that—

(1)

are located in and operate in the United States, including any manufacturing operations;

(2)

are owned by a United States entity; and

(3)

deploy North American-owned intellectual property and content.

(f)

Data Collection— The Secretary of Defense shall collect and analyze data on the Program for the purposes of—

(1)

developing and sharing best practices for achieving the objectives of the Program;

(2)

providing information to the Secretary on the implementation of the Program, and related policy issues; and

(3)

reporting to the congressional defense committees in accordance with subsection (h).

(g)

Termination— The Program shall terminate on the date that is six years after the date of the enactment of this Act.

(h)

Reports—

(1)

Annual Reports— Not later than one year after the date of the enactment of this Act and annually thereafter until the date on which the Program terminates under subsection (g), the Secretary of Defense shall submit to the appropriate congressional committees a report on the use of funds under the Program. Each report shall include the following:

(A)

An explanation of whether and to what extent the assistance awarded to eligible entities under the Program met mission requirements during the period covered by the report, including—

(i)

the value of the assistance awarded, including the value of each grant, contract, cooperative agreement, other transaction, or other form of assistance; and

(ii)

a description of the research, technology, or capabilities funded with such assistance.

(B)

A description of any research, technology, or capabilities being tested under the Program as of the date of the report together with an explanation of how the Secretary has applied, or expects to apply, such research, technology, or capabilities within the Department of Defense.

(2)

Final report— Not later than one year after the date on which the Program terminates under subsection (g), the Secretary of Defense shall submit to the appropriate congressional committees a final report on the results of the Program. Such report shall include—

(A)

a summary of the objectives achieved by the Program; and

(B)

recommendations regarding the steps that may be taken to promote battery technologies that are not dependent on foreign competitors to meet the needs of the Armed Forces.

(i)

Definitions— In this section:

(1)

The term “appropriate congressional committees” means—

(A)

the congressional defense committees;

(B)

the Committee on Energy and Commerce and the Committee on Science, Space, and Technology of the House of Representatives; and

(C)

the Committee on Energy and Natural Resources and the Committee on Commerce, Science, and Transportation of the Senate.

(2)

The term “eligible entity” means a battery producer or other entity involved in the battery production supply chain.

Sec. 223 Allowable uses of funds under the Commercial Weather Data Pilot Program of the Air Force

added

added Funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2023 for the Air Force for the Commercial Weather Data Pilot Program may be used only for the piloting and demonstration of radio occultation data for use in weather models.

Sec. 224 Pilot program on use of digital twin technologies in the Armed Forces

added

(a)

added In general— Each Secretary of a military department shall carry out a pilot program under which the Secretary identifies, for each Armed Force under the jurisdiction of such Secretary, not fewer than one and not more than three new areas in which digital twin technology may be implemented to improve the operations of the Armed Force. To the extent practicable, consideration shall be given to operations involving reduced manpower and autonomous systems.

(b)

added Report— Not later than 90 days after the date of the enactment of this Act, each Secretary of a military department shall submit to the congressional defense committees a report that includes—

(1)

added a description of each proposed area in which digital twin technology may be implemented in accordance with subsection (a);

(2)

added a plan for such implementation; and

(3)

added an explanation of any additional funding required for such implementation.

Sec. 225 Funding for advanced above water sensors

added

(a)

added Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Navy, as specified in the corresponding funding table in section 4201, for system development & demonstration, advanced above water sensors (PE 0604501N), line 129, is hereby increased by $24,004,000.

(b)

added 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, Office of the Secretary of Defense, line 440, is hereby reduced by $24,004,000.

Sec. 226 Biofuel and fuel cell vehicle research, development, and demonstration program

added

(a)

added In general— The Secretary of Defense shall establish a research, development, and demonstration program for a commercially viable fuel cell system that uses biofuel as a fuel source for a vehicle.

(b)

added Research goals— The Secretary of Defense shall establish interim research and development goals that will result in the demonstration of commercially viable fuel cell systems that utilize biofuels as a fuel source, including the following:

(1)

added Innovative stack designs and components, including—

(A)

added catalysts;

(B)

added membranes and electrolytes;

(C)

added interconnects;

(D)

added seals; and

(E)

added metal- or electrolyte-supported stack cell designs.

(2)

added Variety of renewable energy sources, including ethanol and other biomass.

(3)

added Technologies that enable fuel cell durability and fuel cell durability testing.

(4)

added Systems designs and component integration that optimize efficiency, cost, transient response, and lifetime.

(c)

added Coordination— In carrying out the activities under this section, the Secretary of Defense shall coordinate with—

(1)

added appropriate Federal agencies, including the Department of Agriculture and the Department of Transportation;

(2)

added National Laboratories; and

(3)

added relevant industry stakeholders, non-government organizations, and trade associations.

Sec. 227 Radar obstruction research, development, test, and evaluation program

added

(a)

added Establishment— The Secretary of Defense, in conjunction with the Director of the National Weather Service, the Administrator of the Federal Aviation Administration, the Secretary of Commerce, and the Secretary of Energy shall establish a research, development, test, and evaluation program (in this Act referred to as the “Program”) to ensure the continued performance of weather radar detection and prediction capabilities with physical obstructions in the radar line of sight.

(b)

added Requirements— In carrying out the Program, the Secretary of Defense, in consultation with the Interagency Council for Advancing Meteorological Services, shall—

(1)

added partner with industry, academia, Federal, State, and local government entities, and any other entity that the Secretary considers appropriate;

(2)

added identify and test existing or near-commercial technologies and solutions that mitigate the potential impact of obstructions on a weather radar;

(3)

added research additional solutions that could mitigate the effects of an obstruction on weather radar, including—

(A)

added signal processing algorithms;

(B)

added short-term forecasting algorithms to replace contaminated data; and

(C)

added the use of dual polarization characteristics in mitigating the effects of wind turbines on weather radar; and

(4)

added develop commercially viable technical mitigation solutions for obstructions to weather radar capabilities.

(c)

added Priority— In carrying out the requirements described in subsection (b), the Secretary of Defense shall prioritize consideration of—

(1)

added multifunction phased array radar;

(2)

added the replacement of contaminated data with commercial radar data;

(3)

added the utilization of data from private-sector-associated meteorological towers;

(4)

added providing wind farm boundaries and consolidated wind farm areas to display on local forecasting equipment;

(5)

added installing and providing access to rain gauges; and

(6)

added any other technology-based mitigation solution that the Director of the National Weather Service determines could overcome beam blockage or ghost echoes.

(d)

added Termination— The authority of the Secretary of Defense to carry out the Program shall terminate on the earlier of—

(1)

added September 30, 2026; or

(2)

added 1 year after date on which the final recommendation required by subsection (e)(2) is submitted by the Secretary.

(e)

added Report; recommendation—

(1)

added In general— Not later than 2 years after the date of enactment of this section, and annually thereafter until the Program terminates pursuant to subsection (d), the Secretary of Defense shall submit to Congress a report on the implementation of the Program, including an evaluation of each technology-based mitigation solution identified for priority consideration in subsection (c), and a recommendation regarding additional identification and testing of new technologies based on such consideration.

(2)

added Final recommendation— Not later than 5 years after the date of enactment of this section, the Secretary of Defense shall provide to Congress a recommendation on whether additional research, testing, and development through the Program established by subsection (a) is needed, and a determination of whether a cessation of field research, development, testing, and evaluation is appropriate.

(f)

added Definitions— In this section:

(1)

added Beam blockage— The term beam blockage means a signal that is partially or fully blocked due to an obstruction.

(2)

added Ghost echo— The term ghost echo means radar signal reflectivity or velocity return errors in radar data due to the close proximity of an obstruction.

(3)

added Obstruction— The term obstruction includes—

(A)

added a wind turbine that could limit the effectiveness of a weather radar system; and

(B)

added any building that disrupts or limits the effectiveness of a weather radar system.

Sec. 228 Funding for research and development relating to rare earth elements

added

(a)

added Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated for the National Defense Stockpile Transaction Fund, as specified the funding table in section 4501, is hereby increased by $2,000,000 (with the amount of such increase to be used strengthen and implement the domestic industrial base for rare earth metallization related to permanent magnet production and related projects).

(b)

added Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Army, as specified in the corresponding funding table in section 4201, for system development & demonstration, integrated personnel and pay system-Army (IPPS-A) (PE 0605018A), line 123, is hereby reduced by $2,000,000.

Sec. 229 Funding for National Defense Education Program

added

(a)

added Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Defense-wide, as specified in the corresponding funding table in section 4201, for basic research, National Defense Education Program, line 006, is hereby increased by $5,000,000.

(b)

added 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, Washington Headquarters Services, line 500, is hereby reduced by $5,000,000.

Sec. 229A Funding for high energy laser and certain emerging technology initiatives

added

(a)

added Funding for high energy laser—

(1)

added Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Army, as specified in the corresponding funding table in section 4201, for advanced technology development, air and missile defense advanced technology (PE 0603466A), line 048, Counter-Unmanned Aerial Systems Palatized-High Energy Laser is hereby increased by $25,000,000.

(2)

added Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Army, as specified in the corresponding funding table in section 4201, for advanced technology development, air and missile defense advanced technology (PE 0603466A), line 048, Program Increase is hereby reduced by $25,000,000.

(b)

added Funding for emerging technology initiatives—

(1)

added Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Army, as specified in the corresponding funding table in section 4201, for system development & demonstration, emerging technology initiatives (PE 0605054A), line 136, Program Increase (10kw-50kw DE-MSHORAD) is hereby increased by $70,000,000.

(2)

added Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Army, as specified in the corresponding funding table in section 4201, for system development & demonstration, emerging technology initiatives (PE 0605054A), line 136, Program increase (10kw–50kw DE- MSHORAD) and C-UAS P-HEL is hereby reduced by $70,000,000.

Sec. 229B Department of Defense advanced technology investment incentive pilot program

added

(a)

added Establishment—

(1)

added In general— Subject to the availability of appropriations for this purpose, the Secretary of Defense shall carry out a pilot program to accelerate the development of advanced technology for national security by creating incentives for trusted private capital in domestic small businesses or nontraditional businesses that are developing technology that the Secretary considers necessary to support the modernization of the Department of Defense and national security priorities.

(2)

added Purposes— The purposes of the pilot program required by this subsection are as follows:

(A)

added To promote the global superiority of the United States in advanced technologies of importance to national security, which are not adequately supported by private sector investment.

(B)

added To accelerate the transition and deployment of advanced technologies into the Armed Forces.

(C)

added To support Department spending through a loan guarantee to accelerate development of advanced technology as described in paragraph (1).

(b)

added Public-private partnership—

(1)

added In general— In carrying out subsection (a), the Secretary shall enter into a public-private partnership with one or more persons using criteria that the Secretary shall establish for purposes of this subsection.

(2)

added Criteria— The criteria established under paragraph (1) for entering into a public-private partnership with a person shall include the following:

(A)

added The person shall be independent.

(B)

added The person shall be free from foreign oversight, control, influence, or beneficial ownership.

(C)

added The person shall have commercial private capital fund experience with technology development in the defense and commercial sectors.

(D)

added The person shall be eligible for access to classified information (as defined in the procedures established pursuant to section 801(a) of the National Security Act of 1947 (50 U.S.C. 3161(a))).

(3)

added Operating agreement— The Secretary and a person with whom the Secretary enters a partnership under paragraph (1) shall enter into an operating agreement that sets forth the roles, responsibilities, authorities, reporting requirements, and governance framework for the partnership and its operations.

(c)

added Investment of equity—

(1)

added Pursuant to a public-private partnership entered into under subsection (c), a person with whom the Secretary has entered the partnership shall invest equity in domestic small businesses or nontraditional businesses consistent with subsection (a).

(2)

added Investments under paragraph (1) shall be selected based on their technical merit, economic considerations, and ability to support modernization goals of the Department.

(d)

added Briefings and reports—

(1)

added Initial briefing and report— Not later than one year after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a briefing on the implementation of this section and a report on the feasibility of implementing loan guarantees to enhance the effectiveness of the pilot program under subsection (a), including—

(A)

added a detailed description of how loan guarantees would be vetted, approved, and managed, including mechanisms to protect the government’s interests; and

(B)

added how such loan guarantees would be coordinated with other government invest mechanisms or other private sector financing.

(2)

added Final briefing— Not later than five years after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a briefing on the outcomes of the pilot program under subsection (a) and the feasibility and advisability of making it permanent.

(e)

added Termination— The authority to carry out the pilot program under subsection (a) shall terminate on the date that is five years after the date of the enactment of this Act.

(f)

added Definitions— In this section:

(1)

added The term domestic business has the meaning given the term “U.S. business” in section 800.252 of title 31, Code of Federal Regulations, or successor regulation.

(2)

added The term domestic small businesses or nontraditional businesses means—

(A)

added a small businesses that is a domestic business; or

(B)

added a nontraditional business that is a domestic business.

(3)

added The term free from foreign oversight, control, influence, or beneficial ownership, with respect to a person, means a person who has not raised and managed capital from a person or entity that is not trusted and is otherwise free from foreign oversight, control, influence, or beneficial ownership.

(4)

added The term independent, with respect to a person, means a person who lacks a conflict of interest accomplished by not having entity or manager affiliation or ownership with an existing fund.

(5)

added The term nontraditional business has the meaning given the term “nontraditional defense contractors” in section 3014 of title 10, United States Code.

(6)

added The term small business has the meaning given the term small business concern in section 3 of the Small Business Act (15 U.S.C. 632).

Sec. 229C Funding for development of measures to prevent infections caused by severe fractures

added

(a)

added Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Army, as specified in the corresponding funding table in section 4201, for advanced technology development, medical advanced technology (PE 0603002A), line 027, is hereby increased by $5,000,000 (with the amount of such increase to be used to support the development of procedures and tools to prevent infections in members of the Armed Forces who experience severe bone fractures).

(b)

added 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, Office of the Secretary of Defense, line 440, is hereby reduced by $5,000,000.

Sec. 229D Funding for research into the effects of head-supported mass on cervical spine health

added

(a)

added Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Army, as specified in the corresponding funding table in section 4201, for advanced technology development, medical advanced technology (PE 0603002A), line 027, is hereby increased by $5,000,000 (with the amount of such increase to be used to support the advancement of research into the effects of head-supported mass on cervical spine health).

(b)

added 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, Office of the Secretary of Defense, line 440, is hereby reduced by $5,000,000.

Sec. 229E Requirement for separate program element for the multi-medicine manufacturing platform program

added

(a)

added Sense of Congress— It is the sense of Congress that—

(1)

added Congress has maintained a strong interest in critical materials subject to significant supply chain disruptions, particularly those for which the predominant supply sources are potential adversaries;

(2)

added as a result, Congress wishes to increase transparency regarding funding and progress of the multi-medicine manufacturing platform program of the Office of Naval Research; and

(3)

added that program’s unique manufacturing platform will ensure that members of the armed forces have access to essential medicines, particularly for those deployed, whether on land or at sea.

(b)

added Program element required— In the materials submitted by the Secretary of the Navy in support of the budget of the President for fiscal year 2025 and each fiscal year thereafter (as submitted to Congress pursuant to section 1105 of title 31, United States Code), the Secretary shall include a separate program element for the multi-medicine manufacturing platform program under the accounts of the Office of Naval Research.

Sec. 233 Report on efforts to increase the participation of historically Black colleges and universities and other minority-serving institutions in the research and development activities of the Department of Defense

(a)

Report required— Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall submit to the congressional defense committees a report on measures that may be implemented to increase the participation of historically Black colleges and universities and other minority-serving institutions in the research, development, test, and evaluation activities of the Department of Defense.

(b)

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

(1)

A strategy for the provision of long-term institutional support to historically Black colleges and universities and other minority-serving institutions, including support for—

(A)

the development and enhancement of the physical research infrastructure of such institutions; and

(B)

the research activities of such institutions.

(2)

An evaluation of the feasibility of expanding the support provided by the Department of Defense to historically Black colleges and universities and other minority-serving institutions to include support for the development or enhancement of grant and contract administration capabilities at such institutions.

(3)

An evaluation of options to strengthen support for historically Black colleges and universities and other minority-serving institutions within the military departments and other organizations and elements of the Department, including an evaluation of the need for and feasibility of establishing dedicated organizations within the Army, Navy, Marine Corps, Air Force, and Space Force to increase engagement with such institutions.

(4)

A review of the adequacy of the level of staffing within the Department that is dedicated to engagement with historically Black colleges and universities and other minority-serving institutions.

(5)

A plan to improve data collection and evaluation with respect to historically Black colleges and universities and other minority-serving institutions, including—

(A)

harmonization of standards with respect to the type, detail, and organization of data on such institutions;

(B)

improving the completeness of data submissions regarding such institutions;

(C)

improving the retention of data on such institutions across the Department;

(D)

additional data collection specific to such institutions, including data on—

(i)

the rates at which such institutions submit proposals for grants and contracts from the Department, the success rates of such proposals, and feedback regarding such proposals;

(ii)

the total number of grants and contracts for which such institutions are eligible to apply and the number of applications received from such institutions for such grants and contracts; and

(iii)

formal feedback mechanisms for rejected proposals from first-time applicants from such institutions; and

(E)

as necessary, promulgation of additional or modified regulations, instructions, or guidance regarding the collection, evaluation, and retention of data on such institutions.

(6)

Identification of the types of research facilities, personnel, capabilities, and subject areas that are in-demand within the Department so that historically Black colleges and universities and other minority-serving institutions may prioritize investment in those types of facilities, personnel, capabilities, and subject areas as appropriate.

(7)

Identification of metrics that may be used to evaluate, track, and improve the competitiveness of historically Black colleges and universities and other minority-serving institutions for grants and contracts with the Department.

(8)

An evaluation of options to implement criteria for the award of grants and contracts that assign value to the inclusion of historically Black colleges and universities and other minority-serving institutions as research partners, including such mechanisms as weighted grant solicitation evaluation criteria and longer periods of performance to allow for capacity-building within such institutions.

(9)

An evaluation of options to incentivize the defense industry to support capacity building within historically Black colleges and universities and other minority-serving institutions, including through the incentivization of independent research and development or other activities.

(10)

A plan to compile and maintain data regarding institutions of higher education, including historically Black colleges and universities and other minority-serving institutions, that receive funding from departments and agencies of the Federal Government outside the Department of Defense.

(11)

A review of the programs and practices of departments and agencies of the Federal Government outside the Department of Defense relevant to increasing research capacity at historically Black colleges and universities and other minority-serving institutions for purposes of—

(A)

the potential adoption of best practices within the Department;

(B)

the identification of opportunities to leverage the research capacity of such institutions; and

(C)

increasing the level of collaboration between the Department and such institutions.

(12)

changed Recommendations for the modification or expansion of the workforce development programs of the ~~Department~~ Department, including fellowships and internships, to increase the proportion of the workforce hired from historically Black colleges and universities and other minority-serving institutions.

(13)

Such other recommendations as the Under Secretary of Defense for Research and Engineering determines appropriate.

(14)

A plan for the implementation of the recommendations included in the report, as appropriate, including an explanation of any additional funding, authorities, or organizational changes needed for the implementation of such recommendations.

(c)

Definitions— In this section:

(1)

The term “historically Black college or university” means a part B institution (as defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061)).

(2)

The term “institution of higher education” has the meaning given that term in section 101 of the Higher Education Act of 1932 (20 U.S.C. 1001).

(3)

The term “other minority-serving institution” means an institution of higher education specified in paragraphs (2) through (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).

(d)

Report on implementation— Not later than 180 days after the date of the submission of the report under subsection (a), the Under Secretary of Defense for Research and Engineering shall submit to the congressional defense committees a report on the progress of the Under Secretary in implementing measures to increase the participation of historically Black colleges and universities and other minority-serving institutions in the research, development, test, and evaluation activities of the Department of Defense, as identified in the report under subsection (a).

Sec. 239 Review and report on offensive hypersonic weapons programs of the Department of Defense

added

(a)

added Review— The Comptroller General of the United States shall conduct a review of the offensive hypersonic weapons programs of the Department of Defense, including the Navy Conventional Prompt Strike Program, the Army Long Range Hypersonic Weapon, and the Air Force Air Launched Rapid Response Weapon.

(b)

added Elements— The review under subsection (a) shall address—

(1)

added cost and schedule estimates for the fielding of offensive hypersonic weapon systems, including any assumptions that underpin such estimates;

(2)

added whether and to what extent the hypersonic weapon systems are expect to fully achieve the requirements originally established for such systems;

(3)

added the technological and manufacturing maturity of the critical technologies and materials planned for the systems; and

(4)

added whether and to what extent the Department has pursued alternatives to the critical technologies identified under paragraph (3).

(c)

added Initial briefing— Not later than one year after the date of the enactment of this Act, the Comptroller General shall provide to the congressional defense committees a briefing on the initial results of the review conducted under subsection (a).

(d)

added Final report— Following the briefing under subsection (c), on a date mutually agreed upon by the Comptroller General and the congressional defense committees, the Comptroller General shall submit to the committees a report on the final results of the review conducted under subsection (a).

Sec. 240 Report on potential for increased utilization of the Electronic Proving Grounds testing range

added

(a)

added Findings— Congress finds the following:

(1)

added The Electronic Proving Grounds located at Fort Huachuca, Arizona is unique within the Department of Defense because of its naturally quiet electromagnetic environment, its specialized facilities, its close relationship with the Army training community, and its access to the expansive real-estate of southern Arizona.

(2)

added The Electronic Proving Grounds has access to 70,000 acres at Ft. Huachuca, 23,000 acres on Wilcox Dry Lake, more than 100,000 acres at Gila Bend, and with prior coordination, approximately 62 million acres of Federal and State-owned land.

(3)

added Live electronic warfare training is not possible at the majority of military installations in the continental United States including the National Training Center.

(4)

added The Electronic Proving Grounds has the capacity to handle additional testing as well as the capability for realistic electronic warfare training

(b)

added Report required— Not later than February 1, 2023, the Secretary of the Army shall submit to the congressional defense committees a report on the Electronic Proving Grounds testing range located at Fort Huachuca, Arizona.

(c)

added Elements— The report under subsection (b) shall address—

(1)

added the amount and types of testing activities conducted at the Electronic Proving Grounds testing range;

(2)

added any shortfalls in the facilities and equipment of the range;

(3)

added the capacity of the range to be used for additional testing activities;

(4)

added the possibility of using the range for the testing activities of other Armed Forces, Federal agencies, and domestic companies;

(5)

added the capacity of the range to be used for realistic electronic warfare training;

(6)

added electronic warfare training restrictions at domestic military installations generally; and

(7)

added the feasibility and advisability of providing a dedicated training area for electronic warfare units.

(d)

added Coordination— In preparing the report under subsection (b), the Secretary of the Army shall coordinate with the following:

(1)

added The Director of Operational Test and Evaluation of the Department of Defense.

(2)

added The governments of Cochise County and Sierra Vista, Arizona.

Sec. 241 Sense of Congress on the additive manufacturing and machine learning initiative of the Army

added

added It is the sense of Congress that—

(1)

added the additive manufacturing and machine learning initiative of the Army has the potential to accelerate the ability to deploy additive manufacturing capabilities in expeditionary settings and strengthen the United States defense industrial supply chain; and

(2)

added Congress and the Department of Defense should continue to support the additive manufacturing and machine learning initiative of the Army.

Sec. 242 Funding for robotics supply chain research

added

(a)

added Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for Research, Development, Test, and Evaluation, Defense-Wide, as specified in the corresponding funding table in section 4201, for Defense Wide Manufacturing Science and Technology Program, Line 054, is hereby increased by $15,000,000, for Robotics Supply Chain Research.

(b)

added Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for Army, as specified in the corresponding funding table in section 4201, for Integrated Personnel and Pay System Army, Line 123, is hereby reduced by $15,000,000.

Sec. 243 Funding for enterprise digital transformation with commercial physics simulation

added

(a)

added Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for Research, Development, Test, and Evaluation, Air Force, as specified in the corresponding funding table in section 4201, for the Department of the Air Force Tech Architecture, Line 040, is hereby increased by $9,000,000, for Enterprise Digital Transformation with Commercial Physics Simulation.

(b)

added Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for Research, Development, Test, and Evaluation, Air Force, as specified in the corresponding funding table in section 4201, for Stand-In Attack Weapon, Line 096, is hereby reduced by $9,000,000.

Sec. 244 Report on national security applications for fusion energy technology

added

(a)

added Report required— 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 potential national security applications for fusion energy technology.

(b)

added Elements— The report under subsection (a) shall include—

(1)

added an evaluation of commercial fusion energy technologies under development by private sector companies in the United States to determine if any such technologies have potential national security applications;

(2)

added consideration of commercial fusion energy technologies—

(A)

added that have met relevant technical milestones:

(B)

added that are supported by substantial private sector financing;

(C)

added that meet applicable requirements of the Department of Defense; and

(D)

added for which prototypes have been constructed;

(3)

added a timeline for the potential implementation of fusion energy in the Department;

(4)

added a description of any major challenges to such implementation; and

(5)

added recommendations to the ensure the effectiveness of such implementation.

Sec. 302 Funding for Army Community Services

added

(a)

added Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance for Army, base operations support, line 110, as specified in the corresponding funding table in section 4301, is hereby increased by $20,000,000, for the purpose of Army Community Services.

(b)

added 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, Army, as specified in the corresponding funding table in section 4301, for Army Administration, line 450, is hereby reduced by $10,000,000.

(c)

added 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, Army, as specified in the corresponding funding table in section 4301, for Army Other Service Support, line 490, is hereby reduced by $10,000,000.

Sec. 313 Prototype and demonstration projects for energy resilience at certain military installations

(a)

In general— Each Secretary of a military department shall ensure that covered prototype and demonstration projects are conducted at each military installation designated by that Secretary as an “Energy Resilience Testbed” pursuant to subsection (b).

(b)

Selection of military installations—

(1)

Selection— Not later than 180 days after the date of the enactment of this Act, each Secretary of a military department, in consultation with the Secretary of the Defense, shall—

(A)

select at least two military installations under the jurisdiction of that Secretary for designation pursuant to paragraph (3); and

(B)

incorporate the conduct of covered prototype and demonstration projects into the mission of each installation so selected.

(2)

Considerations— In selecting military installations under paragraph (1), each Secretary of a military department shall, to the extent practicable, take into consideration the following:

(A)

The mission of the installation.

(B)

The geographic terrain of the installation and of the community surrounding the installation.

(C)

The energy resources available to support the installation.

(D)

Any State or local regulations that apply with respect to public or private utilities serving the installation.

(E)

An assessment of any climate or extreme weather risks or vulnerabilities at the installation and the community surrounding the installation.

(3)

Designation as Energy Resilience Testbed— Each installation selected under paragraph (1) shall be known as an “Energy Resilience Testbed”.

(c)

Covered technologies— Covered prototype and demonstration projects conducted at military installations designated pursuant to subsection (b) shall include the prototype and demonstration of technologies in the following areas:

(1)

Energy storage technologies, including long-duration energy storage systems.

(2)

Technologies that support electric vehicles or the transition to use of electric vehicles, including with respect to tactical vehicles.

(3)

Technologies to improve building energy efficiency in a cyber-secure manner, such as advanced lighting controls, high-performance cooling systems, and technologies for waste heat recovery.

(4)

Technologies to improve building energy management and control in a cyber-secure manner.

(5)

Tools and processes for design, assessment, and decision-making on the installation with respect to climate resilience and hazard analysis, energy use, management, and the construction of climate resilient buildings and infrastructure.

(6)

Carbon sequestration technologies.

(7)

Technologies relating to on-site resilient energy generation, including advanced geothermal and advanced nuclear technologies.

(8)

Port electrification and surrounding defense critical infrastructure and related non-Federal infrastructure, including surrounding defense community infrastructure.

(9)

added Tidal and wave power technologies.

(10)

added Distributed leger technologies.

(d)

Briefing— Not later than 180 days after the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall provide to the appropriate congressional committees a briefing on the conduct of covered prototype and demonstration projects at each military installation designated pursuant to subsection (b). Such briefing shall include the following:

(1)

An identification of each military installation so designated.

(2)

A justification as to why each military installation so designated was selected for such designation.

(3)

A strategy for commencing the conduct of such projects at each military installation so designated by not later than one year after the date of the enactment of this Act.

(e)

Deadline for commencement of projects— The Secretary of Defense shall ensure that, beginning not later than one year after the date of the enactment of this Act, covered prototype and demonstration projects are conducted at, and such conduct is incorporated into the mission of, each military installation designated pursuant to subsection (b).

(f)

Consortiums—

(1)

In general— Each Secretary of a military department may enter into a partnership with, or seek to establish, a consortium of industry, academia, and other entities described in paragraph (2) to conduct covered prototype and demonstration projects at a military installation designated by that Secretary pursuant to subsection (b).

(2)

Consortium entities— The entities described in this paragraph are as follows:

(A)

National laboratories.

(B)

Industry entities the primary work of which relates to energy and climate security technologies and business models.

(g)

Authorities—

(1)

In general— Covered prototype and demonstration projects required under this section may be conducted as part of the program for operational energy prototyping established under section 324(c) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3523; 10 U.S.C. 2911 note) (including by using funds available under the Operational Energy Prototyping Fund established pursuant to such section), using the other transactions authority under section 4021 or 4022 of title 10, United States Code, or using any other available authority or funding source the Secretary of Defense determines appropriate.

(2)

Follow-on production contracts or transactions— Each Secretary of a military department shall ensure that, to the extent practicable, any transaction entered into under the other transactions authority under section 4022 of title 10, United States Code, for the conduct of a covered prototype and demonstration project under this section shall provide for the award of a follow-on production contract or transaction pursuant to subsection (f) of such section 4022.

(h)

Interagency collaboration— In carrying out this section, to the extent practicable, the Secretary of Defense shall collaborate with the Secretary of Energy and the heads of such other Federal departments and agencies as the Secretary of Defense may determine appropriate, including by entering into relevant memoranda of understanding.

(i)

Definitions— In this section:

(1)

The term “appropriate congressional committees” means—

(A)

the Committee on Armed Services and the Committee on Energy and Commerce of the House of Representatives; and

(B)

the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate.

(2)

The term “community infrastructure” has the meaning given that term in section 2391(e) of tile 10, United States Code.

(3)

The term “covered prototype and demonstration project” means a project to prototype and demonstrate advanced technologies to enhance energy resilience and climate security at a military installation.

(4)

The term “military installation” has the meaning given that term in section 2867 of title 10, United States Code.

Sec. 314 Pilot program for transition of certain nontactical vehicle fleets of Department of Defense to electric vehicles

(a)

changed In general— The Secretary of Defense, in coordination with the Secretaries of the military departments, and in consultation with the Secretary of Energy, shall carry out a pilot program to facilitate the transition of nontactical vehicle fleets of the Department of Defense at certain military installations and distribution centers of the Defense Logistics Agency to nontactical vehicle fleets comprised solely of electric vehicles, including through the maintenance on the installations or centers, as the case may be, of charging stations, microgrids, and other covered infrastructure sufficient to cover the energy demand of such fleets.

(b)

changed Selection of military ~~installations—~~installations and distribution centers—

(1)

changed ~~Selection—~~Selection of military installations— Not later than 180 days after the date of the enactment of this Act, each Secretary of a military department shall—

(A)

select at least one military installation of each Armed Force under the jurisdiction of that Secretary at which to carry out the pilot program under subsection (a); and

(B)

submit to the Committees on Armed Services of the House of Representatives and the Senate a notification containing an identification of each such selected installation.

(2)

Priority— In selecting military installations under paragraph (1), each Secretary of a military department shall give priority to the following:

(A)

Military installations with existing third-party financed, installed, operated, and maintained charging stations on the installation.

(B)

Military installations with other existing covered infrastructure, including charging stations under ownership methods other than those specified in subparagraph (A), on the installation.

(C)

Military installations located in a geographic region with existing covered infrastructure, including charging stations, proximate to the installation.

(D)

Military installations with respect to which the Secretary determines the future inclusion on the installation of charging stations and other covered infrastructure is feasible and cost effective given the anticipated need for charging stations to service electric vehicles in the nontactical vehicle fleet at the installation (including those with respect to which the Secretary determines there may be an opportunity to enter into a contract for the third-party charging stations specified in subparagraph (A)).

(E)

Military installations at which a project authorized under section 2914 of title 10, United States Code, (known as the Energy Resilience and Conservation Investment Program) and determined by the Secretary to be relevant to the pilot program has been conducted or is planned to be conducted pursuant to the future-years defense program submitted under section 221 of such title.

(3)

Considerations— In determining whether a military installation should receive priority pursuant to paragraph (2)(D), each Secretary of a military department shall take into account the following:

(A)

A calculation of existing loads at the installation and the existing capacity of the installation for the charging of electric vehicles, including (as applicable) light duty trucks.

(B)

The availability of adequate space for vehicles awaiting charging during peak usage times, as determined by the Secretary.

(C)

Any required upgrades to covered infrastructure on the installation, including electrical wiring, anticipated by the Secretary.

(4)

added Selection of distribution centers—

(A)

added Selection— Not later than 180 days after the date of the enactment of this Act, the Director of the Defense Logistics Agency shall select at least one distribution center of the Defense Logistics Agency at which to carry out the pilot program under subsection (a) and submit to the Committees on Armed Services of the House of Representatives and notification containing an identification of any such selected distribution center.

(B)

added Priority— In selecting a distribution center under subparagraph (A), the Director of the Defense Logistics Agency shall apply the same priorities as the Secretaries of the military departments apply with respect to the selection of a military installation under paragraph (2) (including by taking into account the same considerations specified in paragraph (3)), except that, in addition to the priorities specified in paragraph (2), the Director shall also give priority to the following:

(i)

added Distribution centers with significant on-center use by vehicles of class 3 or heavier, as determined pursuant to table II of section 565.15 of title 49, Code of Federal Regulations.

(ii)

added Distribution centers at which there is, or are plans to develop, renewable energy resource generation.

(c)

Transition plans—

(1)

changed ~~In general—~~Military Installations— Not later than one year after the date on which a Secretary of a military department submits a notification identifying a military installation under subsection (b)(1), that Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a plan for—

(A)

the replacement of all vehicles in the nontactical vehicle fleet at the military installation with electric vehicles by January 1, 2025; and

(B)

the maintenance on the military installation of charging stations and other covered infrastructure, including a microgrid, that will be sufficient—

(i)

to cover the anticipated electricity demand of such electric vehicles; and

(ii)

to improve installation energy resilience.

(2)

Elements— Each plan under paragraph (1) shall include, with respect to the military installation covered by the plan, the following:

(A)

A determination of the type and number of charging stations to include on the installation, taking into account the interoperability of chargers and the potential future needs or applications for chargers, such as vehicle-to-grid or vehicle-to-building applications.

(B)

A determination of the optimal ownership method to provide charging stations on the installation, taking into account the following:

(i)

Use of Government-owned (purchased, installed, and maintained) charging stations.

(ii)

Use of third-party financed, installed, operated, and maintained charging stations.

(iii)

Use of financing models in which energy and charging infrastructure operations and maintenance are treated as a service.

(iv)

Cyber and physical security considerations and best practices associated with different ownership, network, and control models.

(C)

A determination of the optimal power source to provide charging stations at the installation, taking into account the following:

(i)

Transformer and substation requirements.

(ii)

Microgrids and distributed energy to support both charging requirements and energy storage.

(3)

Source of services— Each Secretary of a military department may use expertise within the military department or enter into a contract with a non-Department of Defense entity to make the determinations specified in paragraph (2).

(4)

added Distribution centers— Not later than one year after the date on which the Director of the Defense Logistics Agency submits a notification identifying a distribution center under subsection (b)(1), the Director shall submit to the Committees on Armed Services of the House of Representatives and the Senate a plan specified in paragraph (1) with respect to the distribution center. Such plan shall include, with respect to the distribution center, each of the same elements required under paragraph (2) for a military installation, and the Director may use expertise to the same extent and in the same manner specified in paragraph (3).

(d)

changed Final deadline for replacement— Beginning not later than January 1, 2025, all vehicles in the nontactical vehicle fleet at each military installation or distribution center selected under subsection (b) shall be electric vehicles.

(e)

Definitions— In this section:

(1)

The terms “Armed Forces” and “military departments” have the meanings given those terms in section 101 of title 10, United States Code.

(2)

The term “charging station” means a collection of one or more electric vehicle supply equipment units.

(3)

The term “covered infrastructure”—

(A)

means infrastructure that the Secretary of Defense determines may be used to—

(i)

charge electric vehicles, including by transmitting electricity to such vehicles directly; or

(ii)

support the charging of electric vehicles, including by supporting the resilience of grids or other systems for delivering energy to such vehicles (such as through the mitigation of grid stress); and

(B)

includes—

(i)

charging stations;

(ii)

batteries;

(iii)

battery-swapping systems;

(iv)

microgrids;

(v)

off-grid charging systems; and

(vi)

changed other apparatuses installed for the specific purpose of delivering energy to an electric vehicle or to a battery intended to be used in an electric ~~vehicle.~~vehicle, including wireless charging technologies.

(4)

The term “electric vehicle” includes—

(A)

a plug-in hybrid electric vehicle that uses a combination of electric and gas powered engine that can use either gasoline or electricity as a fuel source; and

(B)

a plug-in electric vehicle that runs solely on electricity and does not contain an internal combustion engine or gas tank.

(5)

The term “electric vehicle supply equipment unit” means the port that supplies electricity to one vehicle at a time.

(6)

The term “microgrid” means a group of interconnected loads and distributed energy resources within clearly defined electrical boundaries that acts as a single controllable entity with respect to the grid.

(7)

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

(8)

The term “nontactical vehicle” means a vehicle other than a tactical vehicle.

(9)

The term “tactical vehicle” means a motor vehicle designed to military specification, or a commercial design motor vehicle modified to military specification, to provide direct transportation support of combat or tactical operations, or for the training of personnel for such operations.

(10)

added The term “renewable energy resources” has the meaning given that term in section 403 of the Renewable Energy Resources Act of 1980 (42 U.S.C. 7372).

(11)

added The term “wireless charging” means the charging of a battery by inductive charging or by any means in which a battery is charged without a wire, or plug-in wire, connecting the power source and battery.

Sec. 319 Program to track and reduce Scope 3 emissions and energy costs

added

(a)

added Program authorized— The Secretary of Defense shall establish a program, to be known as the “Scope 3 Emissions Reduction Program”, under which the Secretary shall use innovative software to—

(1)

added establish full accountability with respect to the Scope 3 greenhouse gas emissions in the supply chain of the Department of Defense; and

(2)

added produce actionable data to reduce emissions and save energy costs.

(b)

added Goals of the program— The goals of the Scope 3 Emissions Reduction Program are—

(1)

added to prove emerging technologies, methodologies, and capabilities to effectively track and compile transparent and reliable scope 3 emissions data and energy costs in real time;

(2)

added to produce actionable emissions and climate data; and

(3)

added to increase efficiencies and reduce costs.

Sec. 320 Requirement to include information relating to electric vehicle charging in certain military construction project proposals

added

(a)

added Requirement— As part of the Department of Defense Form 1391 submitted to the appropriate committees of Congress for a military construction project for a facility that includes (or is planned to include) parking for covered motor vehicles, the Secretary concerned shall include the following:

(1)

added A proposal for the provision of charging stations and other covered infrastructure sufficient to cover the anticipated electricity demand of the electric charging, concurrently, for not less than 15 percent of all covered motor vehicles planned to be parked at the facility.

(2)

added The cost of constructing such stations and infrastructure in the overall cost of the project.

(3)

added An analysis of whether a parking structure or lot will be the primary charging area for covered motor vehicles or if another area, such as public works or the motor pool, will be the primary charging area.

(b)

added Applicability— The requirement under subsection (a) shall apply with respect to military construction projects for which a Department of Defense Form 1391 is submitted to the appropriate committees of Congress beginning on or after the date of the enactment of this Act.

(c)

added Definitions— In this section:

(1)

added The terms “charging station” and “covered infrastructure” have the meanings given those terms in section 314(e).

(2)

added The term “covered motor vehicle” means a Federal Government motor vehicle, including a motor vehicle leased by the Federal Government.

(3)

added The term “Defense Agency” has the meaning given that term in section 101(a) of title 10, United States Code.

(4)

added The term “Secretary concerned” means—

(A)

added the Secretary of a military department, with respect to facilities under the jurisdiction of that Secretary; and

(B)

added the Secretary of Defense, with respect to matters concerning—

(i)

added facilities of the Defense Agencies; or

(ii)

added facilities of a reserve component owned by a State rather than the United States.

Sec. 321 Sense of Congress regarding electric or zero-emission vehicles for non-combat vehicle fleet

added

added It is the sense of Congress that any new non-tactical Federal vehicle purchased by the Department of Defense for use outside of combat should, to the greatest extent practicable, be an electric or zero-emission vehicles.

Sec. 322 Study on environmental contamination and cleanup associated with Thorium-230 and related substances

added

(a)

added In general— Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall submit to the congressional defense committees a report containing the results of a study on the environmental contamination and associated remediation efforts at sites in the United States where weapons containing Thorium-230 were developed, transported, stored, or otherwise used.

(b)

added Elements— The report required under subsection (a) shall include the following:

(1)

added A list of sites with known or suspected Thorium-230 contamination due to weapons development, transportation or storage, or waste disposal.

(2)

added A discussion of the current characterization of each such site as a formerly used defense site, a site subject to a Base Realignment and Closure action, an active site, or other type of site.

(3)

added A specific discussion of the area surrounding Coldwater Creek in Saint Louis, Missouri.

(4)

added The status of each site identified under paragraph (1) including—

(A)

added any environmental remediation that has been completed or is underway at the site, including contamination levels, if known;

(B)

added any significant illness cluster associated with the geographic proximity of the site;

(5)

added A detailed plan for any necessary environmental remediation as well as site prioritization associated with the sites identified under paragraph (1).

Sec. 323 Destruction of materials containing PFAS with technologies not requiring incineration

added

(a)

added Report— Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a report on the progress of the Department of Defense in implementing on-site PFAS destruction technologies not requiring incineration. The report shall include the following:

(1)

added A list of technologies that modify the characteristics of the waste such that it is no longer classified as hazardous waste and can be disposed of through more cost-effective mixed waste protocols.

(2)

added An identification of any such technologies that have undergone, are undergoing, or will undergo testing by the Environmental Security Technology Certification Program and the status of such testing.

(3)

added The results of any such testing.

(b)

added Guidance— Not later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall prescribe guidance on best practices and preferred methods for destruction and disposal of PFAS wastes with an emphasis on alternatives to incineration.

(c)

added Extension of moratorium— The Secretary of Defense shall prohibit the incineration of covered materials under section 343 of the National Defense Authorization Act for Fiscal Year 2022 (10 U.S.C. 2701 note) until the date on which the Secretary prescribes the guidance required under subsection (b).

Sec. 324 Analysis and plan for addressing heat island effect on military installations

added

(a)

added Installation analysis— At the direction of the Secretary of Defense, the commander of each large military installation (as determined by the Secretary) shall conduct an analysis of—

(1)

added how the effect known as the “heat island effect” exacerbates summer heat conditions and necessitates the increased use of air conditioning on the installation; and

(2)

added inventory on the percentage of tree cover and plant shade trees on the property of the installation.

(b)

added Report— Not later than September 30, 2023, the commander of each large military installation shall submit to the Secretary of the analysis conducted by the commander under subsection (a).

(c)

added Plan— The Secretary shall—

(1)

added review the reports submitted under subsection (b);

(2)

added identify any installation that is a significant heat island with large expanses of concrete or asphalt; and

(3)

added direct the commander of any installation so identified to increase the tree coverage on the property of the installation by 10 to 30 percent by not later than September 30, 2025.

(d)

added Heat island defined— The term “heat island” means an area with a high concentration of structures (such as building, roads, and other infrastructure) that absorb and re-emit the sun’s heat more than natural landscapes such as forests or bodies of water.

Sec. 325 Comptroller General report on acceleration and improvement of environmental cleanup of Vieques and Culebra, Puerto Rico

added

(a)

added Report required— 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 the status of the Federal cleanup and decontamination process in the island-municipalities of Vieques and Culebra, Puerto Rico.

(b)

added Contents— The study shall include a comprehensive analysis of the following:

(1)

added The pace of ongoing cleanup and environmental restoration efforts in the former military training sites in Vieques and Culebra.

(2)

added Any potential alternatives to accelerate the completion of such efforts, including their associated costs.

(3)

added Any effects such alternatives might have on the public health and safety of island residents and steps that can be taken to mitigate risks.

(4)

added The views of residents of Vieques and Culebra regarding actions that should be taken to achieve the cleanup process more expeditiously and successfully.

(5)

added Any adverse health outcomes resulting from toxic matter at the sites or cleanup procedure in and avenues to compensate local communities for economic losses and medical costs incurred.

(6)

added The economic impact that the cleanup process has had on local residents due to restricted use of land for tourism and other activities and avenues to compensate local communities for economic losses.

Sec. 326 Report on Department of Defense flood mapping efforts

added

added 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 flood mapping efforts of the Department of Defense. Such report shall address—

(1)

added how frequently the Department updates such flood maps;

(2)

added the resources used to undertake flood mapping projects; and

(3)

added whether, and if so, how, such maps are incorporated into broader flood maps of the Federal Emergency Management Agency.

Sec. 327 Biannual leak inspections of Navy and Air Force underground storage tanks on Guam

added

(a)

added Navy— The Secretary of the Navy shall ensure that underground fuel storage tanks owned by the Navy and located on Guam are checked for leaks at least once every six months.

(b)

added Air Force— The Secretary of the Air Force shall ensure that underground fuel storage tanks owned by the Air Force and located on Guam are checked for leaks at least once every six months.

Sec. 328 Additional special considerations for energy performance goals and energy performance master plan

added

(a)

added Additional special considerations— Section 2911(e) of title 10, United States Code, is amended by adding at the end the following new paragraphs:

added “(14) The reliability and security of energy resources in the event of a military conflict.

added “(15) The value of resourcing energy from partners and allies of the United States.”

(b)

added Report on feasibility of terminating energy procurement from foreign entities of concern—

(1)

added In general— Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Operational Energy Plans and Programs shall submit to the appropriate congressional committees a report on the feasibility and advisability of terminating energy procurement by the Department of Defense from foreign entities of concern.

(2)

added Elements— The report under paragraph (1) shall include the following:

(A)

added An assessment of the reliance by the Department of Defense on foreign entities of concern for the procurement of energy.

(B)

added An identification of the number of energy contracts in force between the Director of the Defense Logistics Agency and a foreign entity of concern or an entity headquartered in a country that is a foreign entity of concern.

(c)

added Definitions— In this section:

(1)

added The term appropriate congressional committees means—

(A)

added the Committee on Armed Services and the Committee on Energy and Commerce of the House of Representatives; and

(B)

added the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate.

(2)

added The term foreign entity of concern has the meaning given that term in section 9901 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651).

Sec. 329 Clarification and requirement for Department of Defense relating to renewable biomass and biogas

added

(a)

added Clarification of renewable energy sources— Section 2924 of title 10, United States Code, is amended—

(1)

added in paragraph (6)—

(A)

added by redesignating subparagraphs (D) through (I) as subparagraphs (E) through (J), respectively; and

(B)

added by inserting after subparagraph (C) the following new subparagraph:

added “(D) Biogas.”

(2)

added by adding at the end the following new paragraphs:

added “(7) The term “biomass” has the meaning given the term “renewable biomass” in section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)), and the regulations thereunder.

added “(8) The term “biogas” means biogas as such term is used in section 211(o)(1)(B)(ii)(V) of the Clean Air Act (42 U.S.C. 7545(o)(1)(B)(ii)(V)), and the regulations thereunder.”

(b)

added Requirement— With respect to any energy-related activity carried out pursuant to chapter 173 of title 10, United States Code, biomass and biogas (as such terms are defined in section 2924 of such title, as amended by subsection (a)) shall be considered an eligible energy source for purposes of such activity.

Sec. 354 Programs of military departments on reduction of fuel reliance and promotion of energy-aware behaviors

added

(a)

added Establishment— Subchapter III of chapter 173 of title 10, United States Code, is amended by adding at the end the following new section:

added “2928. Programs on reduction of fuel reliance and promotion of energy-aware behaviors

added “(a) Establishment—Each Secretary of a military department shall establish a program for the promotion of energy-aware behaviors within that military department and the reduction of unnecessary fuel consumption in support of the goals under subsection (b).

added “(b) Goals—The goals of the programs established under subsection (a) shall be as follows:

added “(1) To reduce the reliance of the Department of Defense on fossil fuels.

added “(2) To decrease energy-related strategic vulnerabilities and enhance military readiness.

added “(3) To integrate sustainability features for new and existing military installations and other facilities of the Department.

added “(c) Minimum required elements—Under the program of a military department under subsection (a), the Secretary of such military department shall carry out, with respect to the military department, and at a minimum, the following:

added “(1) The development and implementation of a strategy for the collection and analysis of data on fuel consumption, to identify operational inefficiencies and enable data-driven decision-making with respect to the reduction of fuel consumption and fuel logistics.

added “(2) The fostering of an energy-aware culture across the military department to reduce fuel consumption, including through—

added “(A) the provision of educational and training materials, including such materials that provide information on the importance of operational energy security and energy-aware behavior for military readiness and combat capability; and

added “(B) the pursuit of relevant research opportunities with civilian institutions of higher education and postsecondary educational institutions within the Department of Defense.

added “(3) The integration of operational energy factors into the wargaming of the military department and other related training activities that involve the modeling of scenarios, in accordance with subsection (d), to provide to participants in such activities realistic data on the risks and challenges relating to operational energy and fuel logistics.

added “(4) The implementation of data-driven operations planning and logistics, to optimize cargo transport, streamline operations, and reduce fuel demand and reliance within the military department.

added “(d) Wargaming elements—In integrating operational energy factors into the wargaming and related training activities of a military department under subsection (c)(4), the Secretary of the military department shall seek to ensure that the planning, design, and execution of such activities include—

added “(1) coordination with the elements of the military department responsible for fuel and logistics matters, to ensure the modeling of energy demand and network risk during such activities are accurate, taking into account shortfalls and the direct and indirect effects of the efforts of foreign adversaries to target fuel supply chains; and

added “(2) a focus on improving integrated life-cycle management processes and fuel supply logistics.”

(b)

added Deadline for establishment— The programs required under section 2928 of title 10, United States Code, as added by subsection (a), shall be established by not later than 180 days after the date of the enactment of this Act.

(c)

added Briefing— Not later than 180 days after the date of enactment of this Act, each Secretary of a military department shall provide to the congressional defense committees a briefing on the establishment of the program of the military department required under such section 2928.

Sec. 373 Secretary of Defense report on establishing procedure for alerting about exposure to perfluoroalkyl substances

added

(a)

added In general— Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall submit a report to Congress detailing how to establish a process for alerting active and retired members of the Armed Forces (and their families) about any applicable exposure of such individuals to perfluoroalkyl substances, and any potential health risks resulting from such exposure.

(b)

added Applicable exposure defined— For purposes of subsection (a), “applicable exposure” means exposure while serving on a military base that contains perfluoroalkyl substance contamination of more than the acceptable exposure limits provided by the Environmental Protection Agency (0.004 parts per trillion (ppt) for perfluorooctanoic acid (PFOA) and 0.02 ppt for perfluorooctane sulfonic acid (PFOS)).

Sec. 374 Report on effects of wildfire and drought conditions on military readiness at United States Naval Observatory Flagstaff Station

added

added 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 effects of wildfire and persistent drought conditions at the United States Naval Observatory Flagstaff Station. Such report shall include the following:

(1)

added A detailed description of the threat that such conditions pose to the United States Naval Observatory Flagstaff Station, including with respect to the mission of the facility, continued operations, military readiness, military and civilian workforce, housing, and access to water at the facility.

(2)

added Recommendations for actions to be taken by the Secretary of Defense, and by Congress, to ensure the continued and safe operations of the facility.

Sec. 375 Reports relating to aqueous film-forming foam substitutes and PFAS contamination at certain installations

added

(a)

added Report on progress towards AFFF substitutes— 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 on the progress made towards, and the status of any certification efforts relating to, the replacement of fluorinated aqueous film-forming foam with a fluorine-free fire-fighting agent, as required under section 322 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1307; 10 USC 2661 note prec.).

(b)

added Report on non-AFFF PFAS contamination at certain military installations— 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 on known or suspected contamination on or around military installations located in the United States resulting from the release of any perfluoroalkyl substance or polyfluoroalkyl substance originating from a source other than aqueous film-forming foam.

Sec. 376 Briefings on implementation of recommendations relating to safety and accident prevention

added

added Beginning not later than 45 days after the date of the enactment of this Act, and on a biannual basis thereafter until such time as each recommendation referred to in this section has been implemented, the Secretary of Defense shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the status of the implementation of recommendations relating to safety and the prevention of accidents and mishaps (including fatal accidents) with respect to members of the Armed Forces, including—

(1)

added the recommendations of the Comptroller General of the United States in the Government Accountability Office report of July 2021, titled “Military Vehicles: Army and Marine Corps Should Take Additional Actions to Mitigate and Prevent Training Accidents” (relating to vehicle safety);

(2)

added the recommendations of the National Commission on Military Aviation Safety under section 1087 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1992); and

(3)

added the 117 recommendations of the Readiness Reform Oversight Committee of the Department of the Navy following the deaths of 17 members of the Armed Forces on the USS John McCain and the USS Fitzgerald.

Sec. 388 Pilot program for tactical vehicle safety data collection

(a)

In general— Not later than one year after the date of the enactment of this Act, the Secretary of the Army and the Secretary of the Navy shall jointly carry out a pilot program to evaluate the feasibility of using data recorders to monitor, assess, and improve the readiness and safety of the operation of military tactical vehicles (in this section referred to as the “pilot program”).

(b)

Purposes— The purposes of the pilot program are—

(1)

to allow for the automated identification of hazards and potential hazards on and off military installations;

(2)

to mitigate and increase awareness of hazards and potential hazards on and off military installations;

(3)

to identify near-miss accidents;

(4)

to create a standardized record source for accident investigations;

(5)

to assess individual driver proficiency, risk, and readiness;

(6)

to increase consistency in the implementation of military installation and unit-level range safety programs across military installations and units;

(7)

to evaluate the feasibility of incorporating metrics generated from data recorders into the safety reporting systems and to the Defense Readiness Reporting System as a measure of assessing safety risks, mitigations, and readiness;

(8)

to determine the costs and benefits of retrofitting data recorders on legacy platforms and including data recorders as a requirement in acquisition of military tactical vehicles; and

(9)

any other matters as determined by the Secretary concerned.

(c)

Requirements— In carrying out the pilot program, the Secretary of the Army and the Secretary of the Navy shall—

(1)

assess the feasibility of using commercial technology, such as smartphones or technologies used by insurance companies, as a data recorder;

(2)

test and evaluate a minimum of two data recorders that meet the pilot program requirements;

(3)

select a data recorder capable of collecting and exporting the telemetry data, event data, and driver identification during operation and accidents;

(4)

install and maintain a data recorder on a sufficient number of each of the military tactical vehicles listed under subsection (f) at installations selected by the Secretary concerned under subsection (e) for statistically significant results;

(5)

establish and maintain a database that contains telemetry data, driver data, and event data captured by the data recorder;

(6)

regularly generate for each installation selected under subsection (e) a dataset that is viewable in widely available mapping software of hazards and potential hazards based on telemetry data and event data captured by the data recorders;

(7)

generate actionable data sets and statistics on individual, vehicle, and military installation;

(8)

require commanders at the installations selected under subsection (e) to incorporate the actionable data sets and statistics into the installation range safety program;

(9)

require unit commanders at the installations selected under subsection (e) to incorporate the actionable data sets and statistics into the unit driver safety program;

(10)

evaluate the feasibility of integrating data sets and statistics to improve driver certification and licensing based on data recorded and generated by the data recorders;

(11)

use open architecture to the maximum extent practicable; and

(12)

carry out any other activities determined by the Secretary as necessary to meet the purposes under subsection (b).

(d)

Implementation plan— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army and the Secretary of the Navy shall develop a plan for implementing the pilot program.

(e)

Locations— Each Secretary concerned shall carry out the pilot program at not fewer than one military installation in the United States selected by the Secretary concerned that meets the following conditions:

(1)

Contains the necessary force structure, equipment, and maneuver training ranges to collect driver and military tactical vehicle data during training and routine operation.

(2)

Represents at a minimum one of the five training ranges identified in the study by the Comptroller General of the United States titled “Army and Marine Corps Should Take Additional Actions to Mitigate and Prevent Training Accidents” that did not track unit location during the training events.

(f)

Covered military tactical vehicles— The pilot program shall cover the following military tactical vehicles:

(1)

Army Strykers.

(2)

Marine Corps Light Armored Vehicles.

(3)

Army Family of Medium Tactical Vehicles.

(4)

Marine Corps Medium Tactical Vehicle Replacements.

(5)

Army and Marine Corps High Mobility Multipurpose Wheeled Vehicles.

(6)

Army and Marine Corps Joint Light Tactical Vehicles.

(7)

Army and United States Special Operations Command Ground Mobility Vehicles.

(8)

Army Infantry Squad Vehicles.

(9)

added Army Heavy Tactical Wheeled Vehicles.

(g)

Metrics— The Secretaries shall develop metrics to evaluate the effectiveness of the pilot program in monitoring, assessing, and improving vehicle safety, driver readiness, and mitigation of risk.

(h)

Reports—

(1)

Initial— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army and the Secretary of the Navy shall jointly submit to the congressional defense committees a report on the pilot program that addresses the plan for implementing the requirements under subsection (c), including the established metrics under subsection (g).

(2)

Interim— Not later than three years after the commencement of the pilot program, the Secretary of the Army and the Secretary of the Navy shall jointly submit to the congressional defense committees a report on the status of the pilot program, including the preliminary results in carrying out the pilot program, the metrics generated during the pilot program, disaggregated by military tactical vehicle, location, and service, and the implementation plan under subsection (d).

(3)

Final—

(A)

In general— Not later than 90 days after the termination of the pilot program, the Secretary of the Army and the Secretary of the Navy shall jointly submit to the congressional defense committees a report on the results of the program.

(B)

Elements— The report required by subparagraph (A) shall—

(i)

assess the effectiveness of the pilot program in meeting the purposes under subsection (b);

(ii)

include the metrics generated during the pilot program, disaggregated by military tactical vehicle, location, and service;

(iii)

include the views of range personnel, unit commanders, and tactical vehicle operators involved in the pilot program on the level of effectiveness of the technology selected;

(iv)

provide a cost estimate for equipping legacy military tactical vehicles with data recorders;

(v)

determine the instances in which data recorders should be a requirement in the acquisition of military tactical vehicles;

(vi)

recommend whether the pilot program should be expanded or made into a program of record; and

(vii)

recommend any statutory, regulatory, or policy changes required to support the purposes under subsection (b).

(i)

Termination— The authority to carry out the pilot program under subsection (a) shall terminate five years after the date of the enactment of this Act.

(j)

Definitions— In this section:

(1)

The term accident means a collision, rollover, or other mishap involving a motor vehicle.

(2)

The term data recorder means technologies installed in a motor vehicle to record driver identification, telemetry data, and event data related to the operation of the motor vehicle.

(3)

The term driver identification means data enabling the unique identification of the driver operating a motor vehicle.

(4)

The term event data includes data related to—

(A)

the start and conclusion of each vehicle operation;

(B)

a vehicle accident;

(C)

a vehicle acceleration, velocity, or location with an increased potential for an accident; or

(D)

a vehicle orientation with an increased potential for an accident.

(5)

The term Secretary concerned means—

(A)

the Secretary of the Army with respect to matters concerning the Army; and

(B)

the Secretary of the Navy with respect to matters concerning the Navy and Marine Corps.

(6)

The term “tactical vehicle” means a motor vehicle designed to military specification, or a commercial design motor vehicle modified to military specification, to provide direct transportation support of combat or tactical operations, or for the training of personnel for such operations.

(7)

The term telemetry data includes—

(A)

time;

(B)

vehicle distance traveled;

(C)

vehicle acceleration and velocity;

(D)

vehicle orientation, including roll, pitch, and yaw; and

(E)

vehicle location in a geographic coordinate system, including elevation.

Sec. 389 Requirement for public disclosure of results of Department of Defense lead testing

added

added Section 345 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1645; 10 U.S.C. 2715 note) is amended—

(1)

added in subsection (a)—

(A)

added in paragraph (1), by inserting “or lead” after “(commonly referred to as “PFAS”)”; and

(B)

added in paragraph (2), by inserting “or lead” after “substances”; and

(2)

added in subsections (b), (d), and (e), by inserting “or lead” after “polyfluoroalkyl substances” each place such term appears.

Sec. 390 Briefing relating to use of recycled rubber waste products by Department of Defense

added

added Not later than February 1, 2023, the Deputy Assistant Secretary of Defense for Environment and Energy Resilience shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the use, and potential use, by the Department of recycled and recyclable rubber products, including an assessment of the utility of such use.

Sec. 391 Revival of report on non-federalized National Guard personnel, training, and equipment requirements

added

added Section 10504(c)(1) of title 10, United States Code, is amended by striking “years 2018 through 2020” and inserting “years 2023 through 2025”.

Sec. 392 Use of amounts available to Department of Defense for operation and maintenance for removal of munitions and explosives of concern in Guam

added

(a)

added In general— The Secretary of Defense may use amounts available to the Department of Defense for operation and maintenance to remove munitions and explosives of concern from military installations in Guam.

(b)

added Monitoring of removal— The Secretary shall monitor and assess the removal by the Department of munitions and explosives of concern from military installations in Guam and shall constantly update processes for such removal to mitigate any issues relating to such removal.

(c)

added Report on amounts necessary— 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 indicating the amounts necessary to conduct removal of munitions and explosives of concern from military installations in Guam.

(d)

added Definition— In this section, the term “munitions and explosives of concern” has the meaning given that term in section 179.3 of title 32, Code of Federal Regulations, or successor regulations.

Sec. 393 Funding for Utility Helicopter Mods

added

(a)

added Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 101 for Aircraft Procurement, Army, as specified in the corresponding funding table in section 4101, for Utility Helicopter Mods, Line 026, is hereby increased by $10,000,000 for 60kVA Generators.

(b)

added Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for Operations and Maintenance, Army, as specified in the corresponding funding table in section 4301, for Other Service Support, Line 490, is hereby reduced by $10,000,000.

Sec. 394 Sense of Congress regarding the use of working dogs to detect early stages of diseases

added

added It is the sense of Congress that—

(1)

added the ongoing research effort conducted by the Department of the Army, in partnership with the University of Pennsylvania, titled Training Aid Delivery Device 2.0 Training Support for COVID-19 Detection, is exploring the effectiveness of using scent detection working dogs to detect the early stages of diseases, including the coronavirus disease 2019 (COVID-19);

(2)

added this research effort will soon complete Phase 2 and has shown promising results, including an accuracy rate of 89 percent in COVID-19 detection from t-shirt samples; and

(3)

added it is important that the Department of Defense funds Phase 3 of this research effort to determine whether the use of working dogs is a feasible method of responding to emerging disease threats in a low-cost, low-burden, timely, and widely applicable manner.

Sec. 395 Requirements to reduce out-of-pocket costs of members of the Armed Forces for uniform items

added

(a)

added Tracking requirement— The Secretary of Defense shall take such steps as may be necessary to track the expected useful life of uniform items for officers and enlisted members of the Armed Forces, for the purposes of—

(1)

added estimating the rate at which such uniform items are replaced; and

(2)

added determining the resulting out-of-pocket costs for such members over time.

(b)

added Uniform replacement allowance for certain officers—

(1)

added Establishment— The Secretary of Defense shall establish a uniform replacement allowance under which each officer of the Armed Forces, upon promotion to the grade of O–4, and once every three years thereafter for such time as the officer is in a grade of O–4 or above, shall be eligible to receive the allowance described in paragraph (2) for the purpose of replacing required uniform items that have exceeded the useful life of such items.

(2)

added Allowance— The allowance described in this paragraph is a cash allowance that the Secretary shall calculate by multiplying the annual replacement cost of each required uniform item of an officer (taking into account the expected useful life of the item pursuant to subsection (a) and the price of the item set by the Defense Logistics Agency as of the date of the calculation) by three.

(c)

added Report— Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the expected useful life of required uniform items, projected changes to such required uniform items, and related costs anticipated by the Secretary (disaggregated by Armed Force). Such report shall include pricing information for each such item, including items that are not considered uniquely military.

Sec. 396 Recognition of service of military working dogs

added

added Section 1125 of title 10, United States Code, is amended—

(1)

added by inserting “(a) General authority.—” before “The Secretary of Defense”; and

(2)

added by adding at the end the following new subsection:

added “(b) Recognition of service of military working dogs—The Secretary of Defense shall develop a decoration or other appropriate recognition to recognize military working dogs under the jurisdiction of the Secretary that are killed in action or that perform an exceptionally meritorious or courageous act in service to the United States.”

Sec. 397 Maintenance of publicly accessible website by Joint Safety Council

added

added Section 184(d) of title 10, United States Code, is amended by adding at the end the following new paragraph:

added “(10) Developing and maintaining (including by updating on a basis that is not less frequent than once every 180 days) a publicly accessible Internet website that contains the following:

added “(A) Information for the families of deceased members of the armed forces who died in a fatal operational or training accident.

added “(B) Information on the findings of each review or assessment conducted by the Council.

added “(C) An identification of any recommendation of the Council relating to the prevention of fatal accidents among members of the Armed Forces, and information on the progress of the implementation of any such recommendation.”

Sec. 519A Inclusion of additional information on the Senior Reserve Officers’ Training Corps in reports accompanying the national defense strategy

added

added Section 113(m) of title 10, United States Code, is amended—

(1)

added by redesignating the second paragraph (8) as paragraph (11);

(2)

added by redesignating the first paragraph (8), as paragraph (10);

(3)

added by redesignating paragraphs (5), (6), and (7) paragraphs (7), (8), and (9), respectively; and

(4)

added by inserting after paragraph (4) the following new paragraphs:

added “(5) The number of Senior Reserve Officers' Training Corps scholarships awarded during the fiscal year covered by the report, disaggregated by gender, race, and ethnicity, for each military department.

added “(6) The program completion rates and program withdrawal rates of Senior Reserve Officers’ Training Corps scholarship recipients during the fiscal year covered by the report, disaggregated by gender, race, and ethnicity, for each military department.”

Sec. 519B Additional matters relating to support for FireGuard program

added

added Section 515 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81), as amended by section 517, is further amended—

(1)

added by inserting “(a) In general.—” before “Until”;

(2)

added by striking “support” and inserting “carry out”;

(3)

added by striking “personnel of the California National Guard” and inserting “National Guard personnel (including from the Colorado National Guard and the California National Guard)”; and

(4)

added by adding at the end the following:

added “(b) Transfer—Until the date specified in subsection (a), no component (including any analytical responsibility) of the FireGuard program may be transferred from the Department of Defense to another entity. If the Secretary seeks to make such a transfer, the Secretary shall, at least three years before such transfer, provide to the appropriate congressional committees a written report and briefing that detail—

added “(1) plans of the Secretary for such transfer; and

added “(2) how such transfer will sustain and improve detection and monitoring of wildfires.

added “(c) Appropriate congressional committees defined—In this section, the term “appropriate congressional committees” means the following:

added “(1) The Committee on Armed Services of the Senate.

added “(2) The Committee on Armed Services of the House of Representatives.

added “(3) The Select Committee on Intelligence of the Senate.

added “(4) The Permanent Select Committee on Intelligence of the House of Representatives.”

Sec. 519C Divestiture of Tactical Control Party

added

added No divestiture of any Tactical Control Party specialist force structure from the Air National Guard may occur until the Chief of the National Guard Bureau provides a report to the congressional defense committees describing—

(1)

added the capability gaps caused by divestiture of Tactical Control Party force structure from the Air National Guard and its impact on the Department of Defense to execute the National Defense Strategy; and

(2)

added the impacts of such divestiture to the operational capabilities of the Army National Guard.

Sec. 519D Recognition of the Army Interagency Training and Education Center as a joint activity of the National Guard; report

added

(a)

added Findings— Congress makes the following findings:

(1)

added AITEC has been designated by the National Guard Bureau as a joint activity of the Army and Air National Guard responsible for the following activities:

(A)

added Mission assurance and other critical infrastructure protection activities in support of the Department of Defense and Department of Homeland Security entities.

(B)

added All-hazards disaster response training and exercises for the National Guard in partnership with Federal, State, local, territorial, and Tribal response enterprise organizations.

(2)

added AITEC is composed of members of the Army and Air National Guard who possess relevant private-sector critical skills and experience in the fields of emergency response, engineering, cybersecurity, electric power, logistics, telecommunications, utilities, medical, rescue, or such other fields as determined by evolving mission requirements.

(3)

added The National Guard Bureau has designated AITEC as having the following duties:

(A)

added Providing the Department of Defense with—

(i)

added unique civilian expertise and experience of critical infrastructure protection, Chemical, Biological, Radiological, and Nuclear response, emergency management, control systems cybersecurity, and incident management;

(ii)

added training and exercise support of Joint Interagency Training Capability, including Joint Force Headquarters-State and Joint Task Force-State Headquarters elements, National Guard Reaction Forces, Weapons of Mass Destruction Civil Support Teams, and Chemical, Biological, Radiological, Nuclear, or High-Yield Explosive Emergency Response Force Packages, and Homeland Response Forces; and

(iii)

added personnel to conduct Mission Assurance, Cybersecurity, Port Security & Resiliency, and other critical infrastructure assessments and training along with Counter-IED and bombing prevention training to intergovernmental partners and first responders.

(B)

added On an ongoing basis, partnering with the military departments, the combatant commands, other Department of Defense agencies, the Department of Homeland Security, and State, local, territorial, and Tribal governments to conduct—

(i)

added all-threats, all-hazards Mission Assurance assessments in the areas of Mission Assurance Related Programs and Activities, including cyber supply chain risk management, position, navigation, and timing, and unmanned systems on Defense Critical Infrastructure;

(ii)

added all-hazards and disaster response training and exercise support;

(iii)

added infrastructure protection assessment activities, cybersecurity, and counter-IED and bombing prevention training for the Department of Homeland Security; and

(iv)

added Port Security & Resiliency assessments for the Coast Guard.

(b)

added Report— Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Assistant Secretary of Defense for Homeland Defense and Global Security and the Chief of the National Guard Bureau, shall submit to the appropriate congressional committees a report that includes—

(1)

added an organizational plan and an estimate of the annual costs necessary for AITEC to complete its duties as described in subsection (a)(3); and

(2)

added the manpower requirements needed to adequately staff such duties.

(c)

added Definitions— In this section:

(1)

added The term “AITEC” means the Army Interagency Training and Education Center.

(2)

added The term appropriate congressional committees means—

(A)

added the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and

(B)

added the Committee on Armed Services, the Committee on Homeland Security, and the Committee on Appropriations of the House of Representatives.

(3)

added The term critical infrastructure has the meaning given the term in section 702 of the Defense Production Act of 1950 (50 U.S.C. 4552).

Sec. 519E Enhancement of National Guard Youth Challenge Program

added

(a)

added In general— During fiscal year 2023, the Secretary of Defense may provide assistance in addition to assistance under subsection (d) of section 509 of title 32, United States Code, to a National Guard Youth Challenge Program of a State for the following purposes:

(1)

added New program start-up costs.

(2)

added Special projects.

(3)

added Workforce development programs.

(4)

added Emergency costs.

(b)

added Limitations—

(1)

added Matching— Before the Secretary may use the authority under this section, the State shall comply with the matching requirement under such subsection.

(2)

added Total assistance— Total assistance under this section may not exceed $5,000,000.

(c)

added Reporting— Any assistance provided under this section shall be included in the annual report under subsection (k) of such section.

Sec. 524 Briefing and report on administrative separation boards

changed ~~Section 736(a)~~ Subsection (c) of section 529B of the National Defense Authorization Act for Fiscal Year 2022 (Public Law ~~117–81; 10 U.S.C. 1161 note)~~ 117–81) is amended in the matter preceding paragraph (1) by striking “During the time period beginning on August 24, 2021, and ending on the date that is two years after the date of the enactment of this Act, any” and inserting “Any”.to read as follows:

added “(c) Briefing; report—The Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives—

added “(1) a briefing on preliminary results of the study conducted under subsection (a) not later than December 27, 2022; and

added “(2) a report on the final results of the study conducted under subsection (a) not later than May 31, 2023.”

Sec. 525 Elimination of time limit for mandatory characterizations of administrative discharges of certain members on the basis of failure to receive COVID-19 vaccine

added Section 736(a) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 1161 note) is amended in the matter preceding paragraph (1) by striking “During the time period beginning on August 24, 2021, and ending on the date that is two years after the date of the enactment of this Act, any” and inserting “Any”.

(a)

removed ~~In general—~~ ~~The Secretary of Defense shall ensure that no military promotion record of a covered Armed Force includes any official or unofficial photographs.~~

(b)

removed ~~Covered Armed Force defined—~~ ~~In this section, the term “covered Armed Force” means the following:~~

(1)

removed ~~The Army.~~

(2)

removed ~~The Navy.~~

(3)

removed ~~The Marine Corps.~~

(4)

removed ~~The Air Force.~~

(5)

removed ~~The Space Force.~~

Sec. 526 Prohibition on use of photographs by certain military promotion boards

(a)

changed ~~Establishment—~~In general— ~~Not later than 180 days after the date of the enactment of this Act, the~~ The Secretary of ~~the Army shall—~~Defense shall ensure that no military promotion record of a covered Armed Force includes any official or unofficial photographs.

(1)

removed ~~establish gender-neutral fitness standards for combat MOSs that are higher than those for non-combat MOSs; and~~

(2)

removed ~~provide a briefing to the Committees on Armed Services of the Senate and House of Representatives setting forth—~~

(A)

removed ~~the list of combat MOSs described in paragraph (1); and~~

(B)

removed ~~the methodology used to determine whether to include an MOS on such list.~~

(b)

changed ~~MOS~~ Covered Armed Force defined— In this section, the term ~~“MOS”~~ “covered Armed Force” means ~~a military occupational specialty.~~the following:

(1)

added The Army.

(2)

added The Navy.

(3)

added The Marine Corps.

(4)

added The Air Force.

(5)

added The Space Force.

Sec. 527 Gender-neutral fitness standards for combat military occupational specialties of the Army

(a)

changed ~~Study—~~Establishment— ~~The Comptroller General~~ Not later than 180 days after the date of the ~~United States shall study efforts to retain and recruit members with military occupational specialties regarding air and missile defense systems~~ enactment of this Act, the ~~Army.~~Secretary of the Army shall—

(1)

added establish gender-neutral fitness standards for combat MOSs that are higher than those for non-combat MOSs; and

(2)

added provide a briefing to the Committees on Armed Services of the Senate and House of Representatives setting forth—

(A)

added the list of combat MOSs described in paragraph (1); and

(B)

added the methodology used to determine whether to include an MOS on such list.

(b)

changed ~~Report—~~MOS defined— ~~Not later than six months after the date of the enactment of~~ In this ~~Act, the Comptroller General shall submit to the Committees on Armed Services of~~ section, the ~~Senate and House of Representatives~~ term “MOS” means a ~~report that identifies steps the Secretary of the Army may take to improve such retention and recruitment.~~military occupational specialty.

(c)

removed ~~Implementation—~~ ~~Not later than September 30, 2023, the Secretary of the Army shall implement the steps identified in the report under subsection (b).~~

Sec. 528 Retention and recruitment of members of the Army who specialize in air and missile defense systems

(a)

changed ~~Pilot program—~~Study— ~~Not later than January 1, 2024, the Secretary~~ The Comptroller General of the ~~Army~~ United States shall ~~implement a pilot program to test the use of a software application~~ study efforts to ~~expedite in-processing~~ retain and ~~out-processing at one or more~~ recruit members with military ~~installations—~~occupational specialties regarding air and missile defense systems of the Army.

(1)

removed ~~under the jurisdiction of such Secretary; and~~

(2)

removed ~~located within the continental United States.~~

(b)

changed ~~Application requirements—~~Report— ~~The software application~~ Not later than six months after the date of the enactment of this Act, the Comptroller General shall ~~perform~~ submit to the ~~following functions:~~Committees on Armed Services of the Senate and House of Representatives a report that identifies steps the Secretary of the Army may take to improve such retention and recruitment.

(1)

removed ~~Enable the remote in-processing and out-processing of covered personnel, including by permitting covered personnel to electronically sign forms.~~

(2)

removed ~~Reduce the number of hours required of covered personnel for in-processing and out-processing.~~

(3)

removed ~~Provide, to covered personnel and the commander of a military installation concerned, electronic copies of records related to in-processing and out-processing.~~

(c)

changed ~~Selection of location—~~Implementation— ~~In selecting a military installation for the pilot program,~~ Not later than September 30, 2023, the Secretary ~~shall give priority to the military installation that is the least popular according to preferences~~ of the Army ~~officers~~ shall implement the steps identified in the ~~Active Duty Officer Assignment Interactive Module.~~report under subsection (b).

(d)

removed ~~Termination—~~ ~~The pilot program shall terminate on January 1st, 2027.~~

(e)

removed ~~Report—~~ Not later than January 1, 2026, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding the pilot program, including the recommendation of the Secretary whether to make the pilot program permanent.

(f)

removed ~~Definitions—~~ ~~In this section:~~

(1)

removed ~~The term “covered personnel” includes members of the Army and civilian employees of the Department of the Army.~~

(2)

removed ~~The term “in-processing” means the administrative activities that covered personnel undertake pursuant to a permanent change of station.~~

(3)

removed The term “out-processing” means the administrative activities that covered personnel undertake pursuant to a permanent change of station, separation from the Army, or end of employment with the Department of the Army.

Sec. 529 Pilot program on remote personnel processing in the Army

added

(a)

added Pilot program— Not later than January 1, 2024, the Secretary of the Army shall implement a pilot program to test the use of a software application to expedite in-processing and out-processing at one or more military installations—

(1)

added under the jurisdiction of such Secretary; and

(2)

added located within the continental United States.

(b)

added Application requirements— The software application shall perform the following functions:

(1)

added Enable the remote in-processing and out-processing of covered personnel, including by permitting covered personnel to electronically sign forms.

(2)

added Reduce the number of hours required of covered personnel for in-processing and out-processing.

(3)

added Provide, to covered personnel and the commander of a military installation concerned, electronic copies of records related to in-processing and out-processing.

(c)

added Selection of location— In selecting a military installation for the pilot program, the Secretary shall give priority to the military installation that is the least popular according to preferences of Army officers in the Active Duty Officer Assignment Interactive Module.

(d)

added Termination— The pilot program shall terminate on January 1st, 2027.

(e)

added Report— Not later than January 1, 2026, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding the pilot program, including the recommendation of the Secretary whether to make the pilot program permanent.

(f)

added Definitions— In this section:

(1)

added The term “covered personnel” includes members of the Army and civilian employees of the Department of the Army.

(2)

added The term “in-processing” means the administrative activities that covered personnel undertake pursuant to a permanent change of station.

(3)

added The term “out-processing” means the administrative activities that covered personnel undertake pursuant to a permanent change of station, separation from the Army, or end of employment with the Department of the Army.

Sec. 529A Improving oversight of military recruitment practices in public secondary schools

added

added 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 military recruitment practices in public secondary schools during calendar years 2018 through 2022, including—

(1)

added the zip codes of public secondary schools visited by military recruiters; and

(2)

added the number of recruits from public secondary schools by zip code and local education agency.

Sec. 529B Enlistments: compilation of directory and other prospective recruit information

added

(a)

added Compilation of prospective recruit information— Section 503 of title 10, United States Code, is amended—

(1)

added by striking the section designation and heading and inserting the following:

added “503. Enlistments: recruiting campaigns; compilation of directory and other prospective recruit information”

(2)

added in subsection (a)(1), by striking “Regular Army” and all that follows before the period at the end and inserting “regular and reserve components of the armed forces”;

(3)

added by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and

(4)

added by inserting after subsection (b) the following new subsection:

added “(c) Compilation of other prospective recruit information

added “(1) The Secretary of Defense may collect and compile other prospective recruit information pertaining to individuals who are—

added “(A) 17 years of age or older or in the eleventh grade (or its equivalent) or higher; and

added “(B) enrolled in a secondary school in the United States (including its territories and possessions) or the Commonwealth of Puerto Rico.

added “(2) The Secretary may make prospective recruit information collected and compiled under this subsection available to the armed forces for military recruiting purposes. Such information may not be disclosed for any other purpose.

added “(3) Other prospective recruit information collected and compiled under 1 this subsection shall be confidential, and a person who has had access to such information may not disclose the information except for the purposes described in paragraph (2).

added “(4) In this subsection, the term “prospective recruit information” means information for use in identifying prospective recruits, tailoring marketing efforts to reach the primary recruit market, and measuring the return on investment of ongoing marketing efforts. Citizens will be made aware of the categories of personally identifiable information (PII), as well as non-PII information, to be collected and the purposes for which the categories of personal information are collected and used. Categories of information may include, but are not limited to—

added “(A) identifiers (such as Internet Protocol address, social media handles);

added “(B) information about your connected devices and how you interact with our apps and websites (such as browser type, unique device identifier, cookie data, and associated identifying and usage information);

added “(C) demographic (such as date of birth, high school or college graduation year, grade currently enrolled in, citizenship, marital status, household composition, or veteran or military status);

added “(D) protected classification characteristics under state or federal law (such as age and gender);

added “(E) audio or video information (social media content, photographs and videos shared on recruitment digital properties, images and likeness captured at events);

added “(F) fitness activity data (for example, exercise length, duration, activities); and

added “(G) login and profile information, including screen name, password and unique user ID for recruitment digital properties.

added “(5) The collection, use, and retention of a citizen’s personal information shall be reasonably necessary and proportionate to military recruitment objectives.

added “(6) Where possible, citizens will have the ability to manage and/or opt-out of data collection via a clear and easy to access process in compliance with state legislation.”

(c)

added Regulations— The Secretary of Defense shall prescribe regulations to carry out the amendments made by this section.

(b)

added Clerical amendment— The table of sections at the beginning of chapter 31 of such 10 title is amended by striking the item relating to section 503 and inserting the following new item:

Sec. 529C Continuing military service for certain members eligible for chapter 61 retirement

added

(a)

added In general— Not later than one year after the date of the enactment of this act, the Secretary of Defense shall prescribe regulations that allow a covered member to continue to elect to serve in the Armed Forces—

(1)

added in the current military occupational specialty of such covered member, for which the covered member may not be deployable; or

(2)

added in a military occupational specialty for which the covered member is deployable.

(b)

added Rule of construction— A covered member who completes 20 years of service computed under section 1208 of title 10, United States Code shall not be denied any benefit under laws administered by the Secretary of Defense or the Secretary of Veterans Affairs solely on the basis that the covered member elected to continue to serve in the Armed Forces instead of taking retirement under chapter 61 of title 10, United States Code.

(c)

added Covered member defined— In this section, the term “covered member” means a member of the Armed Forces—

(1)

added whom the Secretary concerned determines possesses skill or experience vital to the Armed Force concerned;

(2)

added who incurs a disability—

(A)

added while eligible for special pay under section 310 of title 37, United States Code; and

(B)

added that renders the member eligible for retirement under chapter 61 of title 10, United States Code; and

(3)

added who elects to continue to serve in the Armed Forces instead of such retirement.

Sec. 529D Sense of Congress regarding the Port Chicago 50

added

added It is the sense of Congress that—

(1)

added the American people should recognize the role of racial bias in the prosecution and convictions of the Port Chicago 50 following the deadliest home front disaster in World War II;

(2)

added the military records of each of the Port Chicago 50 should reflect such exoneration of any and all charges brought against them in the aftermath of the explosion; and

(3)

added the Secretary of the Navy should upgrade the general and summary discharges of each of the Port Chicago 50 sailors to honorable discharges.

Sec. 529E Treatment of personally identifiable information regarding prospective recruits

added

added Section 503(a) of title 10, United States Code, is amended adding at the end the following new paragraphs:

added “(3) PII regarding a prospective recruit collected or compiled under this subsection shall be kept confidential, and a person who has had access to such PII may not disclose the information except for purposes of this section or other purpose authorized by law.

added “(4) In the course of conducting a recruiting campaign, the Secretary concerned shall—

added “(A) notify a prospective recruit of data collection policies of the armed force concerned; and

added “(B) permit the prospective recruit to elect not to participate in such data collection.

added “(5) In this subsection, the term “PII” means personally identifiable information.”

Sec. 529F Implementation of certain recommendations regarding screening individuals who seek to enlist in the Armed Forces and countering extremist activity in the Department of Defense

added

(a)

added Enlistment screening— Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall implement the seven recommendations of the Under Secretary of Defense for Personnel and Readiness on page 2 of the report titled “Screening Individuals Who Seek to Enlist in the Armed Forces”, submitted to the Committees on Armed Services of the Senate and House of Representatives on October 14, 2020.

(b)

added Countering extremism— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall implement six recommendations of the Countering Extremist Activity Working Group on pages 15 through 18 on the report entitled “Report on Countering Extremist Activity Within the Department of Defense” published in December 2021.

Sec. 529G Best practices for the retention of certain female members of the Armed Forces

added

added The Secretaries of the military departments shall share and implement best practices (including use of civilian industry best practices) regarding the use of retention and exit survey data to identify barriers and lessons learned to improve the retention of female members of the Armed Forces under the jurisdiction of such Secretaries.

Sec. 529H Record of military service for members of the Armed Forces

added

(a)

added Standard record of service required— Chapter 59 of title 10, United States Code, is amended by inserting after section 1168 the following new sections:

added “1168a. Discharge or release: record of military service

added “(a) Record of service required

added “(1) The Secretary of Defense shall establish and implement a standard record of military service for all members of the armed forces (including the reserve components), regarding all duty under this title, title 32, and title 14.

added “(2) The record established under this section shall be known as the “Certificate of Military Service”.

added “(b) Nature and scope—A Certificate of Military Service shall—

added “(1) provide a standardized summary of the service, in any Federal duty status or on State active duty, in the armed forces of a member of the armed forces;

added “(2) be the same document for all members of the armed forces; and

added “(3) serve as the discharge certificate or certificate of release from active duty for purposes of section 1168 of this title.

added “(c) Coordination—In carrying out this section, the Secretary of Defense shall coordinate with other Federal officers, including the Secretary of Veterans Affairs, to ensure that a Certificate of Military Service serves as acceptable proof of military service for receipt of benefits under the laws administered by such Federal officers.”

(b)

added Issuance to members of reserve components— Chapter 59 of such title, as amended by subsection (a), is further amended by inserting after section 1168a the following new section:

added “1168b. Record of military service: issuance to members of reserve components

added “An up-to-date record of military service under section 1168a of this title shall be issued to a member of a reserve component as follows:

added “(1) Upon permanent change to duty status (including retirement, resignation, expiration of a term of service, promotion or commissioning as an officer, or permanent transfer to active duty).

added “(2) Upon discharge or release from temporary active duty orders (minimum of 90 days on orders or 30 days for a contingency operation).

added “(3) Upon promotion to each grade beginning with—

added “(A) O–3 for commissioned officers;

added “(B) W–3 for warrant officers; and

added “(C) E–4 for enlisted members.

added “(4) In the case of a member of the National Guard, upon any transfer to the National Guard of another State or territory (commonly referred to as an “Interstate Transfer”).”

(c)

added Conforming amendments related to current discharge certificate authorities—

(1)

added In general— Subsection (a) of section 1168 of title 10, United States Code, is amended—

(A)

added by striking “his discharge certificate or certificate of release from active duty, respectively, and his final pay” and inserting “the member’s record of military service under section 1168a of this title, and the member’s final pay”; and

(B)

added by striking “him or his” and inserting “the member or the member’s”.

(2)

added Heading amendment— The heading of such section 1168 is amended to read as follows:

added “1168. Discharge or release from active duty: limitations; issuance of record of military service”

(d)

added Clerical amendment— The table of sections at the beginning of chapter 59 of such title is amended by striking the item relating to section 1168 and inserting the following new items:

Sec. 539B Recommendations for sentencing of marijuana-based offenses under the Uniform Code of Military Justice

(a)

Recommendations— The Military Justice Review Panel shall develop recommendations specifying appropriate sentencing ranges for offenses involving the use and possession of marijuana under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice). In developing such recommendations, the Military Justice Review Panel shall consider—

(1)

changed how the sentences typically imposed for marijuana-based offenses under such chapter compare to the sentences typically imposed for other comparable offenses, such as offenses involving the misuse of ~~alcohol; and~~alcohol;

(2)

changed the overall burden on the military justice system of the current approach of the Department of Defense to sentencing marijuana-based offenses under such ~~chapter.~~chapter; and

(3)

added the historically discriminatory manner in which laws related to marijuana offenses have been enforced, the potential for the continued discriminatory application of the law (whether intentional or unintentional), and recommendations for actions that can be taken to minimize the risk of such discrimination.

(b)

Report— Not later than 180 days after the date of the enactment of this Act, the Military Justice Review Panel shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that includes the recommendations developed under subsection (a).

Sec. 539D Public availability of military commission proceedings

added

added Section 949d(c) of title 10, United States Code, is amended by adding at the end the following new paragraph:

added “(4) In the case of any proceeding of a military commission under this chapter that is made open to the public, the military judge may order arrangements for the availability of the proceeding to be watched remotely by the public through the internet.”

Sec. 539E Review and report on the definition of consent for purposes of the offenses of rape and sexual assault under the Uniform Code of Military Justice

added

(a)

added Evaluation and review— Not later than 30 days after the date of the enactment of this Act, the Joint Service Committee on Military Justice shall commission a comprehensive evaluation and review of the definition of consent, as set forth in section 920(g)(7) of title 10, United States Code (article 120(g)(7) of the Uniform Code of Military Justice).

(b)

added Elements— The review and evaluation conducted under subsection (a) shall assess how the definition of consent set forth in section 920(g)(7) of title 10, United States Code (article 120(g)(7) of the Uniform Code of Military Justice) can be—

(1)

added expanded to require knowledgeable and informed agreement, freely entered into, without any malicious factors or influences such as force, coercion, fear, fraud or false identity, or exploitation of a person’s incapacity;

(2)

added enhanced through consultation with other recognized standards for the definition of such term; and

(3)

added clarified to state clearly that—

(A)

added the circumstances surrounding an incident of sexual contact are irrelevant when malicious factors induced compliance;

(B)

added consent for a sexual act does not constitute consent for all sexual acts; and

(C)

added consent is revocable by either party during sexual conduct.

(c)

added Report— Not later than 180 days after the commencement of the evaluation and review under subsection (a), the Joint Service Committee on Military Justice shall submit to the congressional defense committees a report on the results of the evaluation and review.

Sec. 539F Standards and reports relating to cases overseen by military criminal investigative organizations

added

(a)

added Standards required—

(1)

added In general— The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop and implement uniform standards applicable to the military criminal investigative organizations of the Department of Defense that—

(A)

added establish processes and procedures for the handling of cold cases;

(B)

added specify the circumstances under which a case overseen by such an organization shall be referred to the Inspector General of the Department of Defense for review; and

(C)

added establish procedures to ensure that, in the event an investigator transfers out of such an organization or otherwise ceases to be an investigator, the cases overseen by such investigator are transferred to a new investigator within the organization.

(2)

added Report— Not later than 90 days after the date of the enactment of this Act the Secretary of Defense shall submit to Congress a report on the standards developed under paragraph (1).

(3)

added Implementation— Following the submittal of the report under paragraph (2), but not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall implement the standards developed under paragraph (1).

(b)

added Report establishment of cold case unit in the Army— Not later than 120 days after the date of the enactment of this Act, the Secretary of the Army shall submit to Congress a report on the feasibility of establishing a cold case unit in the Army Criminal Investigation Division that is similar to the cold case units operating within the Naval Criminal Investigative Service and the Air Force Office of Special Investigations.

Sec. 544 Pilot program on financial assistance for victims of domestic violence

(a)

In general— Beginning not later than one year after the date of the enactment of this Act, the Secretary of Defense shall carry out a pilot program under which the Secretary makes grants, on a discretionary basis, to qualified victims of domestic violence to assist such victims in seeking refuge from an abuser.

(b)

Disbursement— A grant under subsection (a) may be disbursed—

(1)

as a single, lump sum payment; or

(2)

in multiple payments at such times and in such amounts as the Secretary determines appropriate.

(c)

Maximum amount— A qualified victim of domestic violence may receive not more than a total of $7,500 in grants under subsection (a) during the victim’s lifetime.

(d)

Report— Not later than one year prior to the termination date specified in subsection (e), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that—

(1)

changed evaluates the effectiveness of the pilot program under this ~~section; and~~section;

(2)

changed indicates whether the pilot program should be continued or ~~expanded.~~expanded;

(3)

added takes into account voluntary feedback from program recipients and relevant Department staff, including direct testimonials about their experiences with the program and ways in which they think it could be improved; and

(4)

added examines other potential actions that arise during the course of the program that the Department could take to further protect the safety of program participants and eligible individuals, as the Secretary determines appropriate.

(e)

Termination— The authority to carry out the pilot program under this section shall terminate six years after the date of the enactment of this Act.

(f)

Regulations— The Secretary of Defense shall prescribe regulations implementing this section.

(g)

Definitions— In this section:

(1)

The term domestic violence means an act described in section 928b of title 10, United States Code (article 128b of the Uniform Code of Military Justice).

(2)

The term qualified victim of domestic violence means an individual who meets the following criteria:

(A)

The individual is a member of an Armed Force or a spouse, intimate partner, or immediate family member of a member of an Armed Force.

(B)

The individual reported an incident of domestic violence to an organization or element of the Department of Defense or to a civilian law enforcement organization.

(C)

The individual or a dependent of that individual was an alleged victim of such incident.

(D)

The individual demonstrates—

(i)

an intent to seek refuge from the alleged abuser; and

(ii)

a need for financial assistance.

Sec. 546 Activities to improve information sharing and collaboration on matters relating to the prevention of and response to domestic abuse and child abuse and neglect among military families

(a)

Enhancement of activities for awareness of military families regarding family advocacy programs and other similar services—

(1)

Pilot program on information on FAPs for families— The Secretary of Defense shall carry out a pilot program to assess the feasibility and advisability of various mechanisms to inform families about the Family Advocacy Programs and resiliency training of the covered Armed Forces during command orientation and during enrollment in the Defense Enrollment Eligibility Reporting System. The matters assessed by the pilot program shall include the following:

(A)

An option for training of family members on the Family Advocacy Programs.

(B)

The provision to families of information on the resources available through the Family Advocacy Programs.

(C)

The availability through the Family Advocacy Programs of both restricting and unrestricted reporting on incidents of domestic abuse.

(D)

The provision to families of information on the Military OneSource program of the Department of Defense.

(E)

The provision to families of information on resources relating to domestic abuse and child abuse and neglect that are available through local community service organizations.

(F)

The availability of the Military and Family Life Counseling Program.

(2)

Outreach on FAP and similar services for military families— Each Secretary of a military department shall improve the information available to military families under the jurisdiction of such Secretary that are the victim of domestic abuse or child abuse and neglect in order to provide such families with comprehensive information on the services available to such families in connection with such violence and abuse and neglect. The information so provided shall include a complete guide to the following:

(A)

The Family Advocacy Program of the covered Armed Force or military department concerned.

(B)

Military law enforcement services, including the process following a report of an incidence of domestic abuse or child abuse or neglect.

(C)

Other applicable victim services.

(b)

Improvement of collaboration in domestic abuse prevention services—

(1)

In general— Not later than 180 days after the date of the enactment of this Act, Department of Defense Instruction 6400.01, relating to the Family Advocacy Program of the Department of Defense, shall be modified to enhance collaboration among the programs and entities specified in paragraph (2) for the purpose of leveraging the expertise and resources of such programs and components to order to improve the availability and scope of domestic abuse prevention services for military families.

(2)

Programs and entities— The programs and entities specified in this paragraph are the following:

(A)

The Family Advocacy Program of the Department of Defense.

(B)

The Sexual Assault Prevention and Response Office of the Department of Defense.

(C)

changed The Defense Suicide Prevention ~~Office..~~Office.

(D)

The Defense Equal Opportunity Management Institute.

(E)

The Defense Health Agency.

(F)

The substance abuse prevention programs and entities of the covered Armed Forces.

(G)

Relevant programs and entities of the Department of Veterans Affairs.

(H)

Civilian organizations with missions relevant to domestic abuse prevention, including community health and social services organizations.

(I)

Such other programs and entities as the Secretary of Defense considers appropriate.

(c)

Covered Armed Force defined— In this section, the term “covered Armed Force” means the following:

(1)

The Army.

(2)

The Navy.

(3)

The Marine Corps.

(4)

The Air Force.

(5)

The Space Force.

Sec. 547 Inspector General investigation into discrimination against members and employees of Middle Eastern and North African descent

added

(a)

added Investigation— The Assistant Inspector General for Diversity and Inclusion of the Department of Defense shall conduct an investigation into discrimination faced by members of the Armed Forces, and civilian employees of the Department, who are of Middle Eastern or North African descent.

(b)

added Report— Not later than one year after the date of the enactment of this Act, Assistant Inspector General shall submit to the Committees on Armed Services of the House of Representatives and Senate a report containing the results of such investigation.

Sec. 548 Time limit for processing certain administrative complaints

added

(a)

added In general— Chapter 80 of title 10, United States Code, is amended by inserting after section 1561b the following new section:

added “1561c. Processing a harassment or military equal opportunity complaint

added “(a) Time limit—An official authorized to take final action on a complaint from a member of the armed forces of harassment or prohibited discrimination shall ensure the procedures and requirements for the complaint are completed within 180 days after the date on which any supervisor or designated office received the complaint.

added “(b) Judicial review

added “(1) Pursuant to section 706(1) of title 5, United States Code, a member of the armed forces may seek an order in a court of the United States directing the Secretary concerned to take final action or provide a written explanation no later than 30 days after the court enters its order, if an authorized official does not—

added “(A) take final action on a complaint under subsection (a) within 180 days; or

added “(B) provide the member a written explanation of the final action taken on a complaint under subsection (a).

added “(2) Pursuant to section 706(2) of title 5, United States Code, and no later than 30 days after a member of the armed forces receives a written explanation of the final action taken on a complaint under subsection (a), the member may seek review of the action in a court of the United States.

added “(c) Report—Not later than April 1 each year, the Secretary concerned shall submit to the appropriate congressional committees a report of the total number of court orders sought under subsection (b) and orders granted by such courts.

added “(d) Definitions—In this section:

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

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

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

added “(C) The Committee on Transportation and Infrastructure of the House of Representatives.

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

added “(2) The term “complaint” means an allegation or report of harassment or prohibited discrimination.

added “(3) The term “designated office” means a military equal opportunity office or an office of the inspector general or staff judge advocate, and any other departmental office authorized by the Secretary concerned to receive harassment and prohibited discrimination complaints.

added “(4) The term “harassment” means behavior that is unwelcome or offensive to a reasonable person, whether oral, written, or physical, that creates an intimidating, hostile, or offensive environment.

added “(5) The term “prohibited discrimination” means unlawful discrimination, including disparate treatment, of an individual or group on the basis of race, color, national origin, religion, sex (including pregnancy), gender identity, or sexual orientation.

added “(6) The term “member of the armed forces” means a member of an armed force serving on active duty.

added “(7) The term “supervisor” means a member of the armed forces in charge or command of other members of the armed forces or a civilian employee (as defined in section 2105 of title 5, United States Code) authorized to direct and control service members.”

(b)

added Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1561b the following new item:

Sec. 549 Review and report on administration of sexual harassment claims

added

(a)

added Review— The Secretary of Defense shall review the practices of the Department of Defense pertaining to the administration of sexual harassment claims. As part of the review, the Secretary shall—

(1)

added assess the efforts of the Department to prevent sexual harassment and protect members of the Armed Forces who submit sexual harassment claims; and

(2)

added compile data and research on the prevalence of sexual harassment in the military, including—

(A)

added the number of sexual harassment incidents reported;

(B)

added the number and percentage of such reports that resulted in the initiation of legal proceedings against the alleged perpetrator; and

(C)

added the number and percentage of such cases leading to convictions or other adverse action against the alleged perpetrator.

(b)

added 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 results of the review conducted under subsection (a).

Sec. 549A Interagency task force to protect members, veterans, and military families from financial fraud

added

(a)

added Establishment— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Veterans Affairs, shall establish an Interagency Task Force on Financial Fraud targeting members of the Armed Forces and veterans (referred to in this section as the “Task Force”).

(b)

added Membership— The Task Force established under this section shall include representatives from the following:

(1)

added The Department of Defense.

(2)

added The Department of Veterans Affairs,

(3)

added The Federal Trade Commission.

(4)

added The Consumer Financial Protection Bureau.

(5)

added The Department of Justice.

(6)

added The Federal Communications Commission.

(7)

added The Postal Inspection Service.

(8)

added Three representatives, appointed by the Secretary of Defense in consultation with the Secretary of the Department of Veterans Affairs, of non-governmental organizations (at least one of whom is a representative of a veterans’ service organization) with expertise in identifying, preventing, and combatting financial fraud targeting members of the Armed Forces, veterans, and military families.

(c)

added Consultation— The Task Force shall regularly consult with the following:

(1)

added Members of the Armed Forces, veterans, and members of military families that have been victims of financial fraud.

(2)

added Relevant Federal agencies and departments that are not represented on the Task Force.

(3)

added Other relevant public and private sector stakeholders, including State and local law enforcement agencies, financial services providers, technology companies, and social media platforms.

(d)

added Meetings— The Task Force shall not meet less frequently than three times per calendar year.

(e)

added Purpose— The purpose of the Task Force is to identify and examine current and developing methods of financial fraud targeting members of the Armed Forces, veterans, and military families and issue recommendations to enhance efforts undertaken by Federal agencies to identify, prevent, and combat such financial fraud.

(f)

added Duties— The duties of the Task Force shall include the following:

(1)

added Collecting and reviewing robust data pertaining to medical billing, credit reporting, debt collection, and other serious financial challenges facing members of the Armed Forces, veterans, and military families.

(2)

added Identifying and reviewing current methods of financial exploitation targeting members of the Armed Forces, veterans, and military families, including—

(A)

added imposter or phishing scams;

(B)

added investment-related fraud;

(C)

added pension poaching;

(D)

added veterans benefit fraud;

(E)

added fraudulent offers pertaining to employment or business opportunities;

(F)

added predatory lending;

(G)

added veteran charity schemes;

(H)

added foreign money offers and fake check scams;

(I)

added mortgage foreclosure relief and debt management fraud;

(J)

added military allotment system abuse; and

(K)

added military records fraud.

(3)

added Identifying and evaluating the new financial risks that emerging financial technologies, including buy-now-pay-later credit and digital payment ecosystems, may present to members of the Armed Forces, veterans, and military families.

(4)

added Evaluating the efficacy of current Federal programs, educational campaigns, policies, and statutes, including the Military Lending Act and the Servicemembers Civil Relief Act, in preventing and combatting financial fraud targeting members of the Armed Forces, veterans, and military families.

(5)

added Developing recommendations to enhance efforts of Federal agencies to detect, prevent, and combat financial fraud targeting members of the Armed Forces, veterans, and military families.

(g)

added Report— Not later than 180 days after the date of the enactment of this Act and annually thereafter, the Task Force shall submit to the appropriate congressional committees a report on its findings to date and recommendations to enhance the efforts of Federal agencies to identify, prevent, and combat financial fraud targeting members of the Armed Forces, veterans, and military families.

(h)

added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means the following:

(1)

added The Committee on Oversight and Reform of the House of Representatives.

(2)

added The Committee on Armed Services of the House of Representatives.

(3)

added The Committee on Veterans’ Affairs of the House of Representatives.

(4)

added The Committee on Homeland Security and Governmental Affairs of the Senate.

(5)

added The Committee on Armed Services of the Senate.

(6)

added The Committee on Veterans’ Affairs of the Senate.

Sec. 549B Exclusion of evidence obtained without prior authorization

added

added Section 271 of title 10, United States Code, is amended by adding at the end the following new subsection:

added “(d) Notwithstanding any other provision of law, any information obtained by or with the assistance of a member of the Armed Forces in violation of section 1385 of title 18, shall not be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof.”

Sec. 557 Establishment of consortium for curricula in military education

(a)

Establishment— Not later than one year 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 in coordination with the Under Secretary of Defense for Personnel and Readiness, shall establish a consortium of the institutions of military education and covered entities.

(b)

Activities— The duties of the consortium shall be to conduct research and develop common, research-based curricula for the institutions of military education in order to improve military education for students of the consortium members.

(c)

Curricula—

(1)

In general— Curricula developed by the consortium shall—

(A)

changed be more responsive to new opportunities and challenges in an era of great power competition, and in which security requires knowledge of economics, new ~~technologies,~~ technologies (including artificial intelligence), supply chains, and adversarial governments;

(B)

creatively apply military power to inform national strategy, conduct globally integrated operations, and fight under conditions of disruptive change; and

(C)

include non-military topics, such as diplomacy, economics, information, intelligence, and culture.

(2)

Applied Design for Innovation of the Defense Analysis Department at the Naval Postgraduate School— The Secretary may make permanent the curriculum of the Applied Design for Innovation of the Defense Analysis Department at the Naval Postgraduate School and use such curriculum as a model to be replicated at other institutions of military education.

(d)

Director— The Director of the consortium shall be the President of National Defense University.

(e)

Meetings— The consortium shall meet at the call of the Director, in accordance with the following:

(1)

The consortium and the Chiefs of the Armed Forces shall meet not less than once annually to establish or revise curricula.

(2)

The consortium shall meet not less than twice annually to establish a plan of action and milestones to prepare curricula.

(f)

Reports—

(1)

Interim 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 Representative an interim report on the organization, activities, funding, actions and milestones of the consortium.

(2)

Annual report— Not later than September 30 of each year, beginning in 2024 and ending in 2028, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representative a report describing the activities, funding, curricula created, and research conducted by the consortium during the preceding year.

(g)

Termination— The consortium shall terminate on September 30, 2028.

(h)

Definitions— In this section:

(1)

The term “institutions of military education” means—

(A)

the professional military education schools;

(B)

the senior level service schools;

(C)

the intermediate level service schools;

(D)

the joint intermediate level service school;

(E)

the Naval Postgraduate School; and

(F)

the military service academies.

(2)

The term “covered entity” means—

(A)

an institution of higher education that the Secretary determines has an established program of education regarding national security or technology relevant to the Department of Defense; or

(B)

an entity that the Secretary determines conducts research in policy relevant to the Department of Defense.

(3)

The term “institution of higher education” has the meaning given that term in section 101 of the Higher Education Act of 1965 (Public Law 89–329; 20 U.S.C. 1001).

(4)

The terms “intermediate level service school”, “joint intermediate level service school”, and “senior level service school” have the meaning given such terms in section 2151 of title 10, United States Code.

(5)

The term “military service academy” means the following:

(A)

The United States Military Academy.

(B)

The United States Naval Academy.

(C)

The United States Air Force Academy.

(6)

The term “professional military education schools” means the schools specified in section 2162 of title 10, United States Code.

Sec. 559A Increase in the number of individuals from the District of Columbia who may be appointed to military service academies

added

(a)

added United States Military Academy— Section 7442 of title 10, United States Code, is amended—

(1)

added in subsection (a)(5), by striking “Five” and inserting “Fifteen”; and

(2)

added in subsection (b)(5), by striking “paragraphs (3) and (4)” and inserting “paragraphs (3), (4), and (5)”.

(b)

added United States Naval Academy— Section 8454 of title 10, United States Code, is amended—

(1)

added in subsection (a)(5), by striking “Five” and inserting “Fifteen”; and

(2)

added in subsection (b)(5), by striking “paragraphs (3) and (4)” and inserting “paragraphs (3), (4), and (5)”.

(c)

added United States Air Force Academy— Section 9442 of title 10, United States Code, is amended—

(1)

added in subsection (a)(5), by striking “Five” and inserting “Fifteen”; and

(2)

added in subsection (b)(5), by striking “paragraphs (3) and (4)” and inserting “paragraphs (3), (4), and (5)”.

Sec. 559B Modification of annual report on demographics of military service academy applicants

added

added Subsection (c)(2) of section 575 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 7442 note) is amended by adding at the end the following new subparagraph:

added “(C) Any significant disparity in gender, race, ethnicity, or other demographic category described in subsection (b), and any suspected cause of such disparity within the application or nominating process.”

Sec. 559C Report on treatment of China in curricula of professional military education

added

(a)

added In general— Not later than December 1, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding the treatment of China in the curricula of institutions of military education, including changes to such treatment implemented in the five years preceding the date of such report.

(b)

added Definitions— In this section:

(1)

added The term “institutions of military education” means—

(A)

added the professional military education schools;

(B)

added the senior level service schools;

(C)

added the intermediate level service schools;

(D)

added the joint intermediate level service school; and

(E)

added the Naval Postgraduate School.

(2)

added The terms “intermediate level service school”, “joint intermediate level service school”, and “senior level service school” have the meaning given such terms in section 2151 of title 10, United States Code.

(3)

added The term “professional military education schools” means the schools specified in section 2162 of title 10, United States Code.

Sec. 559D Speech disorders of cadets and midshipmen

added

(a)

added Testing— The Superintendent of a military service academy shall provide testing for speech disorders to incoming cadets or midshipmen under the jurisdiction of that Superintendent.

(b)

added No effect on admission— The testing under subsection (a) may not have any affect on admission to a military service academy.

(c)

added Results— The Superintendent shall provide each cadet or midshipman under the jurisdiction of that Superintendent the result of the testing under subsection (a) and a list of warfare unrestricted line officer positions and occupation specialists that require successful performance on the speech test.

(d)

added Therapy— The Superintendent shall furnish speech therapy to a cadet or midshipman under the jurisdiction of that Superintendent at the election of the cadet or midshipman.

(e)

added Retaking— A cadet or midshipman whose testing indicate a speech disorder or impediment may elect to retake the testing once each academic year while enrolled at the military service academy.

Sec. 559E Amendments to pathways for counseling in the Transition Assistance Program

added

added Section 1142(c)(1) of title 10, United States Code, is amended—

(1)

added in subparagraph (E), by striking “Disability” and inserting “Potential or confirmed disability”;

(2)

added in subparagraph (F), by striking “Character” and inserting “Potential or confirmed character”;

(3)

added by redesignating subparagraph (M) as subparagraph (R); and

(4)

added by inserting after subparagraph (L) the following:

added “(M) Child care requirements of the member (including whether a dependent of the member is enrolled in the Exceptional Family Member Program).

added “(N) The employment status of other adults in the household of the member.

added “(O) The location of the duty station of the member (including whether the member was separated from family while on duty).

added “(P) The effects of operating tempo and personnel tempo on the member and the household of the member.

added “(Q) Whether the member is an Indian or urban Indian, as those terms are defined in section 4 of the Indian Health Care Improvement Act (Public Law 94–437; 25 U.S.C. 1603).”

Sec. 563 Codification of Skillbridge program

(a)

In general— Section 1143(e) of title 10, United States Code, is amended—

(1)

changed in the heading, by adding “; Skillbridge” after ~~“Training” ;~~ “Training”; and

(2)

in paragraph (1), by adding at the end “Such a program shall be known as “Skillbridge”.”.

(b)

Regulations— To carry out Skillbridge, the Secretary of Defense shall, not later than September 30, 2023—

(1)

update Department of Defense Instruction 1322.29, titled “Job Training, Employment Skills Training, Apprenticeships, and Internships (JTEST-AI) for Eligible Service Members”; and

(2)

develop a funding plan for Skillbridge that includes funding lines across the future-years defense program under section 221 of title 10, United States Code.

Sec. 568 Training on consequences of committing a crime in preseparation counseling of the Transition Assistance Program

added

(a)

added Establishment— Subsection (b) of section 1142 of title 10, United States Code, is amended by adding at the end the following new paragraph:

added “(20) Training regarding the consequences to such a member who is convicted of a crime, specifically regarding the loss of benefits from the Federal Government to such member.”

(b)

added Implementation date— The Secretary concerned shall carry out paragraph (20) of such subsection, as added by subsection (a), not later than one year after the date of the enactment of this Act.

(c)

added Development— The Secretary of Defense shall develop the training under such paragraph.

(d)

added Progress briefing— Not later than 180 days of the enactment of this Act, the Secretary of Defense shall provide a briefing to the Committees on Armed Services of the Senate and House of Representatives regarding progress of the Secretary in preparing the training under such paragraph.

Sec. 569 Participation of members of the reserve components of the armed forces in the SkillBridge program

added

added Section 1143(e)(2) of title 10, United States Code, is amended to read as follows:

added “(2) A member of the armed forces is eligible for a program under this subsection if—

added “(A) the member—

added “(i) has completed at least 180 days on active duty in the armed forces; and

added “(ii) is expected to be discharged or released from active duty in the armed forces within 180 days of the date of commencement of participation in such a program; or

added “(B) the member is a member of a reserve component.”

Sec. 569A Annual report on members separating from active duty who file claims for disability benefits

added

(a)

added Report required— Not later than one year after the date of the enactment of this Act, and not later than each January 1 thereafter, the Secretary of Defense and the Secretary of Veterans Affairs, shall jointly submit to the appropriate congressional committees a report on members of the Armed Forces who file claims for disability benefits.

(b)

added Elements— The report under this section shall include, for the period beginning on October 1, 2019, through the month that ended most recently before the date of the report, the number of members serving on active duty, disaggregated by Armed Force, who filed a claim for disability benefits—

(1)

added more than 180 days before the discharge or release of such member from active duty;

(2)

added between 180 and 90 days before the discharge or release of such member from active duty;

(3)

added fewer than 90 days before the discharge or release of such member from active duty;

(4)

added before separation and was issued a decision letter before the discharge or release of such member from active duty;

(5)

added before separation and was issued a decision letter after the discharge or release of such member from active duty;

(6)

added completed a mental health evaluation before the discharge or release of such member from active duty; and

(7)

added did not complete a mental health evaluation before the discharge or release of such member from active duty.

(c)

added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means the following:

(1)

added The Committees on Armed Services of the Senate and House of Representatives.

(2)

added The Committees on Veterans’ Affairs of the Senate and House of Representatives.

Sec. 569B Outreach to members regarding possible toxic exposure

added

(a)

added Establishment— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Veterans Affairs, shall establish—

(1)

added a new risk assessment for toxic exposure for members of the Armed Forces assigned to work near burn pits; and

(2)

added an outreach program to inform such members regarding such toxic exposure. Such program shall include information regarding benefits and support programs furnished by the Secretary (including eligibility requirements and timelines) regarding toxic exposure.

(b)

added Promotion— The Secretary shall promote the program to members described in subsection (a) by direct mail, email, text messaging, and social media.

(c)

added Publication— Not later than one year after the date of the enactment of this Act, the Secretary shall publish on a website of the Department of Defense a list of resources furnished by the Secretary for—

(1)

added members and veterans who experienced toxic exposure in the course of serving as a member of the Armed Forces;

(2)

added dependents and caregivers of such members and veterans; and

(3)

added survivors of such members and veterans who receive death benefits under laws administered by the Secretary.

(d)

added Toxic exposure defined— In this section, the term “toxic exposure” has the meaning given such term in section 631 of the Jeff Miller and Richard Blumenthal Veterans Health Care and Benefits Improvement Act of 2016 (Public Law 114–315; 38 U.S.C. 1116 note).

Sec. 569C Activities to assist the transition of members of the Armed Forces and veterans into careers in education

added

(a)

added Veterans-to-Classrooms Program—

(1)

added Modification and redesignation of program— Section 1154 of title 10, United States Code, is amended—

(A)

added in the section heading, by striking: “employment as teachers: Troops-to-Teachers Program” and inserting “employment in schools: Veterans-to-Classrooms Program”;

(B)

added in subsection (a)—

(i)

added by redesignating paragraphs (2) through (8) as paragraphs (4) through (10), respectively;

(ii)

added by inserting after paragraph (1) the following new paragraphs:

added “(2) Secretary—The term Secretary means the Secretary of Defense.

added “(3) Covered position

added “(A) The term covered position means a full-time position in an eligible school as—

added “(i) a teacher, including an elementary school teacher, a secondary school teacher, and a career and technical education teacher;

added “(ii) a school leader;

added “(iii) a school administrator;

added “(iv) a nurse;

added “(v) a principal;

added “(vi) a counselor;

added “(vii) a teaching aide;

added “(viii) specialized instructional support personnel;

added “(ix) a school resource officer; or

added “(x) a contractor who performs the functions of a position described in any of clauses (i) through (viii).”

(iii)

added by amending paragraph (4), as so redesignated, to read as follows:

added “(4) Eligible school—The term eligible school means—

added “(A) a public elementary school, including a public elementary charter school;

added “(B) a public secondary school, including a public secondary charter school; or

added “(C) a Bureau-funded school as defined in section 1141(3) of the Education Amendments of 1978 (25 U.S.C. 2021(3)).”

(iv)

added in paragraph (8), as so redesignated, by striking “Troops-to-Teachers” and inserting “Veterans-to-Classrooms”;

(v)

added by striking paragraph (9), as so redesignated, and inserting the following new paragraph (9):

added “(9) School resource officer—The term school resource officer has the meaning given that term in section 1709(4) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10389(4)).”

(vi)

added in paragraph (10), as so redesignated, by striking “and “State”” and inserting ““specialized instructional support personnel”, and “State””;

(C)

added in subsection (b)—

(i)

added in the matter preceding paragraph (1), by striking “Secretary of Defense may carry out a Troops-to-Teachers Program” and inserting “The Secretary of Defense, in consultation with the Secretary of Education, may carry out a Veterans-to-Classrooms Program”;

(ii)

added in paragraph (1), by striking “become a teacher” and inserting “obtain a covered position”; and

(iii)

added by amending subparagraph (A) of paragraph (2) to read as follows:

added “(A) by local educational agencies or charter schools in States with a shortage of individuals to fill covered positions, as determined by the Secretary of Education.”

(D)

added in subsection (d)(4)(A)—

(i)

added in clause (i), by striking “or career or technical subjects” and inserting “career and technical education, or subjects relating to a covered position”; and

(ii)

added in clause (ii), by inserting “in a covered position or” after “seek employment”;

(E)

added in subsection (e)—

(i)

added in paragraph (1)(A)—

(I)

added in clause (i), by striking “become a teacher” and inserting “obtain a covered position”; and

(II)

added in clause (ii), by striking “as an elementary school teacher” and all that follows through the period at the end and inserting “in a covered position for not less than three school years in an eligible school to begin the school year after the member obtains the professional credentials required for the position involved”; and

(ii)

added in paragraph (2)(E), by striking “as a teacher in an eligible elementary school or secondary school or as a career or technical teacher” and inserting “in a covered position”; and

(iii)

added in paragraph (3)—

(I)

added in subparagraph (A)—

(aa)

added in the first sentence, by striking “educational level, certification, or licensing” and inserting “educational level, certification, licensing, or other professional credentials”; and

(bb)

added in the second sentence, by striking “$5,000” and inserting “$9,000 (except as adjusted by the Secretary in accordance with subparagraph (D))”;

(II)

added in subparagraph (B)—

(aa)

added in clause (i), by striking “as an elementary school teacher, secondary school teacher, or career or technical teacher” and inserting “in a covered position”; and

(bb)

added in clause (ii), by striking “may not exceed $5,000, unless the eligible school is a high-need school, in which case the amount of the bonus may not exceed $10,000” and inserting “may not exceed $9,000 (except as adjusted by the Secretary in accordance with subparagraph (D)), unless the eligible school is a high-need school, in which case the amount of the bonus may not exceed $18,000 (except as so adjusted)”;

(III)

added in subparagraph (C)—

(aa)

added in clause (i), by striking “5,000” and inserting “20,000”;

(bb)

added in clause (ii), by striking “3,000” and inserting “5,000”; and

(cc)

added in clause (iv), by striking “$10,000” and inserting “$18,000 (except as adjusted by the Secretary in accordance with subparagraph (D))”; and

(IV)

added by adding at the end the following:

added “(D)

added “(i) The Secretary may adjust the dollar amounts set forth in subparagraphs (A), (B)(ii), and (C)(iv) to reflect changes in the Consumer Price Index over the applicable period.

added “(ii) In this subparagraph, the term applicable period means—

added “(I) with respect to an initial adjustment under clause (i), the period that has elapsed since the date of the enactment of the TEAMS Act; or

added “(II) with respect to any adjustment after the initial adjustment, the period that has elapsed since the date of the most recent adjustment under clause (i).”

(F)

added in subsection (f)(1)—

(i)

added in subparagraph (A)—

(I)

added by striking “become a teacher” and inserting “obtain a covered position”; and

(II)

added by striking “as an elementary school teacher, secondary school teacher, or career or technical teacher” and insert “in a covered position”; and

(ii)

added in subparagraph (B), by striking “, employment as an elementary school teacher, secondary school teacher, or career or technical teacher” and inserting “employment in a covered position”;

(G)

added in subsection (h)(2)(A), by striking “as elementary school teachers, secondary school teachers, and career or technical teachers” and inserting “in covered positions”;

(H)

added by adding at the end the following new subsections:

added “(j) Partnerships

added “(1) In general—The Secretary may enter into one or more partnerships with States, local educational agencies, or covered entities—

added “(A) to help sustain and expand the reach of the Veterans-to-Classrooms Program to promote careers in education among current and future veterans under this section;

added “(B) to provide information on the Program in accordance with subsection (k)(2) in widely available, user-friendly formats;

added “(C) to help recruit more veterans, including veterans who are retired law enforcement officers, and service members who are within 6 months of transitioning out of the military into new careers in education;

added “(D) to promote careers in education among current and future veterans by providing veterans with information on other employment transition programs, including—

added “(i) the Veterans’ Employment & Training Service and the National Veterans’ Training Institute of the Department of Labor;

added “(ii) the transition assistance programs established under section 1144 of this title;

added “(iii) the SkillBridge and Career Skills Programs of the Department of Defense;

added “(iv) the AmeriCorps program carried out under subtitle C of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.); and

added “(v) other transitional or educational programs; and

added “(E) to promote careers in education by helping veterans learn about educational benefits available to them, including Post-9/11 Educational Assistance, certification programs, and applicable on-the-job training and apprenticeship programs, to help veterans get into an educational career field.

added “(2) Covered entity defined—In this subsection, the term covered entity means—

added “(A) an entity qualifying as an exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986; or

added “(B) an veterans service organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38.

added “(k) Program information

added “(1) Information from Secretary—The Secretary shall make available, on a publicly accessible website of the Department of Defense, the information described in paragraph (3).

added “(2) Information from covered entities—Each State, local educational agency, and covered entity that enters into a partnership with the Secretary under paragraph (1) shall make available, on a publicly accessible website, the information described in paragraph (3).

added “(3) Information described—The information described in this subparagraph is information on the Veterans-to-Classrooms program authorized under this section, including a description of the application process for the program and the potential benefits of participating in the program.

added “(l) Biennial review—Not less frequently than once every two years, the Secretary shall submit to Congress a report on the Veterans-to-Classrooms Program. At minimum, the report shall include a comparison of the number of participants in the Program during the period covered by the report relative to the number of stipends authorized under the Program during such period.

added “(m) Process to streamline applications—Not later than one year after the date of the enactment of the TEAMS Act, the Secretary shall implement a process to simplify the submission of applications under subsection (d)(2).”

(2)

added Clerical amendment— The table of sections at the beginning of chapter 58 of such title is amended by striking the item relating to section 1154 and inserting the following new item:

(3)

added Effective date— The amendments made by paragraphs (1) and (2) shall take effect on the date of the enactment of this Act.

(4)

added References— Beginning on the effective date specified in paragraph (3), any reference in Federal law (other than this Act), regulations, guidance, instructions, or other documents of the Federal Government to the Troops-to-Teachers Program shall be deemed to be a reference to the Veterans-to-Classrooms Program.

(b)

added Veterans employable as school resource officers— Section 1709(4) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10389(4)) is amended by inserting after “a career law enforcement officer, with sworn authority,” the following: “or a veteran (as such term is defined in section 101(2) of title 38, United States Code) who is hired by a State or local public agency as a law enforcement officer for purposes of serving as a school resource officer, who is”.

(c)

added Task force on education careers for veterans—

(1)

added Task force— Not later than 120 days after the date of the enactment of this Act, the President shall convene a task force to identify strategies that may be used to assist veterans in obtaining employment in the field of education.

(2)

added Responsibilities— The task force convened under paragraph (1) shall—

(A)

added consult regularly with veterans service organizations in performing the duties of the task force; and

(B)

added coordinate administrative and regulatory activities and develop proposals to—

(i)

added identify State licensing and certification requirements that are excessive and unnecessarily burdensome for veterans seeking to transition into careers in education;

(ii)

added identify potential compensation structures for educational employment that include salary credit for prior military and law enforcement experience;

(iii)

added recommend incentives to encourage educational employers to hire veterans;

(iv)

added assess the feasibility of establishing dedicated military veteran liaison positions in school districts;

(v)

added examine how funds made available for the Veterans-to-Classrooms Program under section 1154 of title 10, United States Code, may be used to conduct outreach, provide certification support, and help States establish outreach centers for veterans; and

(vi)

added explore how partnerships entered by the Secretary under subsection (j) of such section may be used to promote careers in education among veterans through collaboration with relevant employment transition programs, including the Transition Assistance Program, the SkillBridge and Career Skills Programs of the Department of Defense, and the AmeriCorps program.

(3)

added Membership— The task force shall consist of—

(A)

added the Secretary of Defense, or the designee of the Secretary, who shall be the head of the task force;

(B)

added the Secretary of Education, or the designee of the Secretary;

(C)

added the Attorney General, or the designee of the Attorney General;

(D)

added the Secretary of Veterans Affairs, or the designee of the Secretary;

(E)

added the Secretary of Labor, or the designee of the Secretary;

(F)

added the Director of the Office of Management and Budget, or the designee of the Director;

(G)

added four representatives from a veterans service organization, selected by the President;

(H)

added a representative of the Administrative Conference of the United States; and

(I)

added representatives of State and local governments selected by the President, which may include representatives of State boards of education and relevant State licensing agencies.

(4)

added Report—

(A)

added In general— Not later than one year after the date on which the task force is convened under paragraph (1), the task force shall submit to Congress a report that includes—

(i)

added a description of actions that may be carried out by State and local governments to reduce barriers that interfere with the ability of veterans to transition into careers in education; and

(ii)

added recommendations for specific legislative and regulatory actions that may be carried out to reduce such barriers.

(B)

added Public availability— The report under subparagraph (A) shall be made available on a publicly accessible website of the Department of Defense.

(5)

added Definition— In this subsection, the term veterans service organization means any organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code.

(d)

added Funding—

(1)

added Authorization— Notwithstanding the amounts set forth in the funding tables in division D, there are authorized to be appropriated $240,000,000 to carry out the Veterans-to-Classrooms Program under section 1154 of title 10, United States Code (as amended by subsection (a)).

(2)

added 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, Administration and Service-wide Activities, Line 500A, as specified in the corresponding funding table in section 4301, is hereby reduced by $240,000,000.

Sec. 569D Funding for Skillbridge

added

(a)

added Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 4301, line 440 for Office of Secretary of Defense, as specified in the corresponding funding table in section 4301, is hereby increased by $5,000,000 for the Skillbridge program.

(b)

added Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for Operation and Maintenance, Defense-wide, for Washington Headquarters Services, Line 500, as specified in the corresponding funding table in section 4301, is hereby reduced by $5,000,000.

Sec. 569E Funding for Skillbridge for law enforcement training

added

(a)

added Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 4301, line 440 for Office of Secretary of Defense, as specified in the corresponding funding table in section 4301, is hereby increased by $5,000,000. Such additional amounts shall be for the Skillbridge program under section 1143(e) of title 10, United States Code, to provide training to members of the Armed Forces to become law enforcement officers.

(b)

added Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for Operation and Maintenance, Defense-wide, for Washington Headquarters Services, Line 500, as specified in the corresponding funding table in section 4301, is hereby reduced by $5,000,000.

Sec. 569F Numbers of certain nominations for cadets at the United States Military Academy

added

added Section 7442 of title 10, United States Code, is amended—

(1)

added in subsection (a), in the matter following paragraph (10), by striking “10” and inserting “15”; and

(2)

added in subsection (b)(5), by striking “150” and inserting “200”.

Sec. 569G Pilot transition assistance program for military spouses

added

(a)

added Establishment— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a pilot transition assistance program for covered individuals (in this section referred to as the “pilot program”).

(b)

added Services— The Secretary of Defense shall provide to a covered individual, who elects to participate in the pilot program, services similar to those available under TAP to members of the Armed Forces, including the following:

(1)

added Assessments of prior education, work history, and employment aspirations of covered individuals, to tailor appropriate employment services.

(2)

added Preparation for employment through services like mock interviews and salary negotiations, training on professional networking platforms, and company research.

(3)

added Job placement services.

(4)

added Services offering guidance on available health care resources, mental health resources, and financial assistance resources.

(5)

added Training in mental health first aid to learn how to assist someone experiencing a mental health or substance use-related crisis.

(c)

added Locations— The Secretary shall carry out the pilot program at 12 military installations located in the United States.

(d)

added Duration— The pilot program shall terminate five years after enactment.

(e)

added Report— Not later than two years after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the and House of Representatives a report that includes—

(1)

added a description of the pilot program, including a description of specific activities carried out under this section; and

(2)

added the metrics and evaluations used to assess the effectiveness of the pilot program.

(f)

added Definitions— In this section:

(1)

added The term “covered individual” means a spouse of a member of the Armed Forces eligible for TAP.

(2)

added The term “military installation” has the meaning given such term in section 2801 of title 10, United States Code.

(3)

added The term “TAP” means the Transition Assistance Program under sections 1142 and 1144 of title 10, United States Code.

Sec. 569H Guidelines for active duty military on potential risks and prevention of toxic exposures

added

added Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Veterans Affairs, in consultation with the Secretary of Health and Human Services and the Administrator of the Environmental Protection Agency, shall jointly coordinate and establish guidelines to be used during training of members of the Armed Forces serving on active duty to provide the members awareness of the potential risks of toxic exposures and ways to prevent being exposed during combat.

Sec. 569I GAO report on use of transition programs by members of special operations forces

added

(a)

added Study— The Comptroller General of the United States shall review the use of DOD transition programs by members assigned to special operations forces.

(b)

added Briefing— Not later than one year after the date of the enactment of this Act, the Comptroller General shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing on the preliminary findings of such review.

(c)

added Report— The Comptroller General shall submit to the committees identified in paragraph (b) a report containing the final results of such review on a date agreed to at the time of the briefing. The GAO review shall include an examination of the following:

(1)

added The extent to which members assigned to special operations forces participate in DOD transition programs.

(2)

added What unique challenges such members face in make the transition to civilian life and the extent to which existing DOD transition programs address those challenges.

(3)

added The extent to which the Secretary directs such members to transition resources provided by non-governmental entities.

(d)

added Definitions— In this section:

(1)

added The term “DOD transition programs” means programs (including TAP and Skillbridge) under laws administered by the Secretary of Defense that help members of the Armed Forces make the transition to civilian life.

(2)

added The term “Skillbridge” means an employment skills training program under section 1143(e) of title 10, United States Code

(3)

added The term “special operations forces” means the forces described in section 167(j) of title 10, United States Code.

(4)

added The term “TAP” means the Transition Assistance Program under sections 1142 and 1144 of title 10, United States Code.

Sec. 569J GAO report on screenings included in the health assessment for members separating from the Armed Forces

added

added 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 Committees on Armed Services of the Senate and House of Representatives a report on screenings included in the health assessment administered to members separating from the the Armed Forces. Such report shall include the following elements:

(1)

added A list of screenings are included in such assessment.

(2)

added Whether such screenings—

(A)

added are uniform across the Armed Forces;

(B)

added include questions to assess if the member is at risk for social isolation, homelessness, or substance abuse; and

(C)

added include questions about community.

(3)

added How many such screenings result in referral of a member to—

(A)

added community services;

(B)

added community services other than medical services; and

(C)

added a veterans service organization.

(4)

added An assessment of the effectiveness of referrals described in paragraph (3).

(5)

added How organizations, including veterans service organizations, perform outreach to members in underserved communities.

(6)

added The extent to which organizations described in paragraph (5) perform such outreach.

(7)

added The effectiveness of outreach described in paragraph (6).

(8)

added The annual amount of Federal funding for services and organizations described in paragraphs (3) and (5).

Sec. 569K Department of defense report on third-party job search technology

added

added Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit to Congress a report on potential partnership opportunities with companies that provide third-party job search software to assist active duty service members and veterans up to two years post-separation from the military find employment following their active duty service. Such report shall include the potential use and effectiveness of any such partnerships.

Sec. 572 Rights of parents of children attending schools operated by the Department of Defense Education Activity

(a)

In general— Chapter 108 of title 10, United States Code, is amended by inserting after section 2164 the following new section:

“2164a. Rights of parents of children attending schools operated by the Department of Defense Education Activity

“(a) In general—The parent of a child who attends a school operated by the Department of Defense Education Activity has the following rights:

“(1) The right to review the curriculum of the school.

“(2) The right to be informed if the school or Department of Defense Education Activity alters the school’s academic standards or learning benchmarks.

“(3) The right to meet with each teacher of their child not less than twice during each school year.

“(4) The right to review the budget, including all revenues and expenditures, of the school.

“(5) The right to review all instructional materials and teacher professional development materials used by the school.

“(6) The right to inspect a list of the books and other reading materials contained in the library of the school.

“(7) The right to address the school advisory committee or the school board.

“(8) The right to information about the school’s discipline policy and any violent activity in the school.

“(9) The right to information about any plans to eliminate gifted and talented programs or accelerated coursework at the school.

added “(10) The right to be informed of the results of drinking water testing at school facilities.

“(b) Disclosures and notifications—Consistent with the parental rights specified in subsection (a), a school operated by the Department of Defense Education Activity shall—

“(1) post on a publicly accessible website of the school—

“(A) the curriculum for each course and grade level;

“(B) the academic standards or other learning benchmarks used by the school;

“(C) notice of any proposed revisions to such standards or benchmarks and a copy of any such revisions;

“(D) the budget for the school year, including all revenues and expenditures (including expenditures made for items and services provided by private entities); and

added “(E) the results of drinking water testing at school facilities;

“(2) provide the parents of a child attending the school with—

“(A) the opportunity to meet in-person with each teacher of their child not less frequently than twice during each school year at a time mutually agreed upon by both parties; and

“(B) notice of such opportunity at the beginning of each school year;

“(3) make all instructional and educator professional development materials, including teachers’ manuals, films, tapes, books or other reading materials, or other supplementary materials used in any survey, analysis, or evaluation, available for inspection by the parents of children attending the school;

“(4) at the beginning of each school year, provide parents a list of reading materials in the school library, including a list of any reading materials that were added to or removed from the list of materials from the prior year;

“(5) notify parents in a timely manner of any plans to eliminate gifted and talented programs or accelerated coursework at the school;

“(6) except as provided in paragraph (7), notify parents of any medical examinations or screenings the school may administer to their child and receive written consent from parents for any such examination or screening prior to conducting the examination or screening;

“(7) in the event of an emergency that requires a medical examination or screening without time for parental notification, promptly notify parents of such examination or screening and, not later than 24 hours after the incident occurs, provide an explanation of the emergency that prevented notification prior to such examination or screening;

“(8) notify parents of any medical information that will be collected on their child, receive written parental consent prior to collecting such information, and provide parents an opportunity to inspect such information at the parent’s request; and

“(9) notify parents of any policy changes involving their reporting obligations under the Family Advocacy Program of the Department of Defense.

“(c) School advisory committees and boards—Not less frequently than twice per year, a school advisory committee or school board for a school operated by the Department of Defense Education Activity shall provide parents of children attending the school with the opportunity to address the advisory committee or school board on any matters relating to the school or the educational services provided to their children.

“(d) Definition—In this section, the term “school operated by the Department of Defense Education Activity” means—

“(1) a Department of Defense domestic dependent elementary or secondary school, as described in section 2164 of this title; or

“(2) any elementary or secondary school or program for dependents operated by the Department of Defense Education Activity.”

(b)

Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2164 the following new item:

Sec. 579B Industry roundtable on military spouse hiring

(a)

In general— Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Personnel and Readiness shall seek to convene an industry roundtable to discuss the hiring of military spouses. Such discussion shall include the following elements:

(1)

The value of, and opportunities to, private entities that hire military spouses.

(2)

Career opportunities for military spouses.

(3)

Understanding the challenges that military spouses encounter in the labor market.

(4)

Gaps and opportunities in the labor market for military spouses.

(5)

Best hiring practices from industry leaders in human resources.

(6)

added The benefits of portable licenses and interstate licensure compacts for military spouses.

(b)

Participants— The participants in the roundtable shall include the following:

(1)

The Under Secretary.

(2)

The Assistant Secretary for Manpower and Reserve Affairs of each military department.

(3)

The Director of the Defense Human Resources Activity.

(4)

Other officials of the Department of Defense the Secretary of Defense determines appropriate.

(5)

Private entities that elect to participate.

(c)

Notice— The Under Secretary shall publish notice of the roundtable in multiple private sector forums and the Federal Register to encourage participation in the roundtable by private entities and entities interested in the hiring of military spouses.

(d)

Briefing— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall provide a briefing to the Committees on Armed Services of the Senate and House of Representatives on the lessons learned from the roundtable, including the recommendation of the Secretary whether to convene the roundtable annually.

Sec. 579D MySTeP: provision online and in multiple languages

added

added The Secretary concerned shall provide all services of the Military Spouse Transition Program (commonly referred to as “MySTeP”) online and in English, Spanish, Tagalog, and the rest of the 10 most commonly spoken languages in the United States.

Sec. 579E Assistance to local educational agencies that benefit dependents of members of the Armed Forces with enrollment changes due to base closures, force structure changes, or force relocations

added

(a)

added Assistance authorized— To assist communities in making adjustments resulting from changes in the size or location of the Armed Forces, the Secretary of Defense shall provide financial assistance to an eligible local educational agency described in subsection (b) if, during the period between the end of the school year preceding the fiscal year for which the assistance is authorized and the beginning of the school year immediately preceding that school year, the local educational agency—

(1)

added had (as determined by the Secretary of Defense in consultation with the Secretary of Education) an overall increase or reduction of—

(A)

added not less than five percent in the average daily attendance of military dependent students in the schools of the local educational agency; or

(B)

added not less than 500 military dependent students in average daily attendance in the schools of the local educational agency; or

(2)

added is projected to have an overall increase, between fiscal years 2023 and 2028, of not less than 500 military dependent students in average daily attendance in the schools of the local educational agency as the result of a signed record of decision.

(b)

added Eligible local educational agencies— A local educational agency is eligible for assistance under subsection (a) for a fiscal year if—

(1)

added 20 percent or more of students enrolled in schools of the local educational agency are military dependent students; and

(2)

added in the case of assistance described in subsection (a)(1), the overall increase or reduction in military dependent students in schools of the local educational agency is the result of one or more of the following:

(A)

added The global rebasing plan of the Department of Defense.

(B)

added The official creation or activation of one or more new military units.

(C)

added The realignment of forces as a result of the base closure process.

(D)

added A change in the number of housing units on a military installation.

(E)

added A signed record of decision.

(c)

added Calculation of amount of assistance—

(1)

added Pro rata distribution— The amount of the assistance provided under subsection (a) to a local educational agency that is eligible for such assistance for a fiscal year shall be equal to the product obtained by multiplying—

(A)

added the per-student rate determined under paragraph (2) for that fiscal year; by

(B)

added the net of the overall increases and reductions in the number of military dependent students in schools of the local educational agency, as determined under subsection (a).

(2)

added Per-student rate— For purposes of paragraph (1)(A), the per-student rate for a fiscal year shall be equal to the dollar amount obtained by dividing—

(A)

added the total amount of funds made available for that fiscal year to provide assistance under subsection (a); by

(B)

added the sum of the overall increases and reductions in the number of military dependent students in schools of all eligible local educational agencies for that fiscal year under that subsection.

(3)

added Maximum amount of assistance— A local educational agency may not receive more than $15,000,000 in assistance under subsection (a) for any fiscal year.

(d)

added Duration— Assistance may not be provided under subsection (a) after September 30, 2028.

(e)

added Notification— Not later than June 30, 2023, and June 30 of each fiscal year thereafter for which funds are made available to carry out this section, the Secretary of Defense shall notify each local educational agency that is eligible for assistance under subsection (a) for that fiscal year of—

(1)

added the eligibility of the local educational agency for the assistance; and

(2)

added the amount of the assistance for which the local educational agency is eligible.

(f)

added Disbursement of funds— The Secretary of Defense shall disburse assistance made available under subsection (a) for a fiscal year not later than 30 days after the date on which notification to the eligible local educational agencies is provided pursuant to subsection (e) for that fiscal year.

(g)

added Briefing required— Not later than March 1, 2023, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and the House of Representatives on the estimated cost of providing assistance to local educational agencies under subsection (a) through September 30, 2028.

(h)

added Eligible uses— Amounts disbursed to a local education agency under subsection (f) may be used by such local educational agency for—

(1)

added general fund purposes;

(2)

added special education;

(3)

added school maintenance and operation;

(4)

added school expansion; or

(5)

added new school construction.

(i)

added Funding—

(1)

added Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for Operation and Maintenance, Defense-wide, Department of Defense Education Activity, Line 390, as specified in the corresponding funding table in section 4301, is hereby increased by $15,000,000 for purposes of this section.

(2)

added Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for Operation and Maintenance, Defense-wide, for Washington Headquarters Services, Line 500, as specified in the corresponding funding table in section 4301, is hereby reduced by $15,000,000.

(j)

added Definitions— In this section:

(1)

added Base closure process— The term base closure process means any base closure and realignment process conducted after the date of the enactment of this Act under section 2687 of title 10, United States Code, or any other similar law enacted after that date.

(2)

added Local educational agency— The term local educational agency has the meaning given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

(3)

added Military dependent students— The term military dependent students means—

(A)

added elementary and secondary school students who are dependents of members of the Armed Forces; and

(B)

added elementary and secondary school students who are dependents of civilian employees of the Department of Defense.

(4)

added State— The term State means each of the 50 States and the District of Columbia.

Sec. 579F Surveys regarding military spouses

added

(a)

added Surveys— The Secretary of Defense, in coordination with the Commissioner of the Bureau of Labor Statistics, shall determine the feasibility of—

(1)

added measuring labor market outcomes and characteristics of military spouses with existing data from surveys conducted by the Department of Defense and Bureau of Labor Statistics; and

(2)

added modifying such surveys to capture more information about military spouses.

(c)

added Report— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report containing—

(1)

added determinations under subsection (a);

(2)

added ways to implement modifications described in subsection (a) that comport with the Employment Situation Report of the Bureau of Labor Statistics.

(3)

added and estimated costs to implement such modifications.

Sec. 579G Review of policies regarding single parents serving as members of the Armed Forces

added

added Not later than September 30, 2023, the Secretary of Defense shall review regulations and rules of the Department of Defense regarding single parents serving as members of the Armed Forces.

Sec. 579H Public reporting on certain military child care programs

added

added Not later than September 30, 2023, and each calendar quarter thereafter, the Secretary of Defense shall post, on a publicly accessible website of the Department of Defense, information regarding the Military Child Care in Your Neighborhood and Military Child Care in Your Neighborhood-Plus programs. Such information shall include the following elements, disaggregated by State, ZIP code, month, and Armed Force:

(1)

added The number of children, military families, and child care providers who benefit from each program.

(2)

added Whether such providers are nationally accredited or rated by the Quality Rating and Improvement System of the State.

(3)

added The amounts of subsidy paid.

Sec. 579I Feasibility of inclusion of au pairs in pilot program to provide financial assistance to members of the Armed Forces for in-home child care

added

(a)

added Sense of Congress— It is the sense of Congress that members of the Armed Forces who participate in the au pair exchange visitor program should be eligible for assistance under the pilot program of the Department of Defense to provide financial assistance to members of the Armed Forces for in-home child care.

(b)

added Feasibility assessment— Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees a report containing the assessment of the Secretary of Defense of the feasibility, advisability, and considerations of expanding eligibility for the pilot program under section 589 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 1791 note) to members of the Armed Forces who participate in an exchange visitor program under section 62.31 of title 22, Code of Federal Regulations, or successor regulation.

(c)

added Appropriate congressional committees defined— The term “appropriate congressional committees” means:

(1)

added The Committees on Armed Services of the Senate and House of Representatives.

(2)

added The Committee on Foreign Affairs of the House of Representatives.

(3)

added The Committee on Foreign Relations of the Senate.

Sec. 579J Report on the effects of economic inflation on families of members of the Armed Forces

added

added The Secretary of Defense shall submit to the congressional defense committees a report on the extent to which economic inflation has affected families of members of the Armed Forces.

Sec. 579K Report on the effects of the shortage of infant formula on the families of members of the Armed Forces

added

added The Secretary of Defense shall submit to the congressional defense committees a report on the extent to which families of members of the Armed Forces—

(1)

added have access to infant formula; and

(2)

added have been affected by any shortage of infant formula available for consumer purchase from January 1, 2022, through the date of the enactment of this Act.

Sec. 579L Briefing on child care at Camp Bull Simons

added

added Not later than 90 days after the date of the enactment of this Act, the Secretary of the Army and the Secretary of the Air Force shall submit to the congressional defense committees a joint briefing regarding the provision of child care at Camp Bull Simons, Eglin Air Force Base. The briefing shall include the following elements:

(1)

added Risk mitigation measures that could allow the current proposed site to achieve certification for child care.

(2)

added Plans for alternative locations, including acquiring land for a military child development center (as such term is defined in section 1800 of title 10, United States Code) in proximity to Camp Bull Simons.

(3)

added An update on public-private partnership agreements for child care that could alleviate the deficit in available child care at Camp Bull Simons.

(4)

added Current availability for child care, and related wait times, at military child development centers on the main campus of Eglin Air Force Base.

Sec. 584 Rescission of Medals of Honor awarded for acts at Wounded Knee Creek on December 29, 1890

added

(a)

added In general— Each Medal of Honor awarded for acts at Wounded Knee Creek, Lakota Pine Ridge Indian Reservation, South Dakota, on December 29, 1890, is rescinded.

(b)

added Medal of Honor Roll— The Secretary concerned shall remove the name of each individual awarded a Medal of Honor for acts described in subsection (a) from the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll maintained under section 1134a of title 10, United States Code.

(c)

added Return of medal not required— No person may be required to return to the Federal Government a Medal of Honor rescinded under subsection (a).

(d)

added No denial of benefits— This Act shall not be construed to deny any individual any benefit from the Federal Government.

Sec. 585 Sense of Congress regarding service of Gary Andrew Cyr

added

(a)

added Findings— Congress finds the following:

(1)

added On February 23, 1971, Corporal Gary Andrew Cyr was 19 years old.

(2)

added Corporal Cyr was assigned to the 10th Pathfinder Detachment in May of 1970 and served as a Special Operations Pathfinder until January 1972.

(3)

added In February 1971, Corporal Cyr’s Pathfinder Unit was tasked with supporting Operation Dak Soo Ri 71–1, a joint operation with Korean infantry units.

(4)

added On February 23, 1971, Corporal Cyr was the Pathfinder air traffic controller and cargo loadmaster for four flights and twelve landing pickup zones for the Operation, including the primary insertion point.

(5)

added This Operation involved the insertion of over 1,000 Korean soldiers from two divisions and 31 sling loads of cargo transported by 35 helicopters over the course of the evening of February 23, 1971.

(6)

added Corporal Cyr was responsible for coordinating incoming helicopter flights and providing accurate on-the-ground information to the pilots, essentially operating as a one-man air traffic control tower inside a combat zone.

(7)

added Corporal Cyr’s leadership and execution enabled the mission to be completed in a minimum time period with no damaged cargo or casualties.

(8)

added Corporal Cyr’s actions were hailed by helicopter pilots and officers from the inserting battalions.

(9)

added Corporal Cyr’s actions on February 23 epitomized the Pathfinder motto of “First in, Last out,”.

(10)

added William P. Murphy, Commander of the 10th Pathfinder Detachment, submitted a recommendation for the award of a Bronze Star to Corporal Cyr to 10th Combat Aviation Battalion Commander, Captain Charles E. Markham.

(11)

added Captain Markham approved the recommendation and submitted it to 17th Aviation Group Commander, Lieutenant Colonel Jack A. Walker.

(12)

added Lieutenant Colonel Walker approved the recommendation.

(13)

added The 10th Pathfinder Detachment began to stand down in December 1971 and deactivated in January 1972, before Corporal Cyr could be awarded the Bronze Star.

(14)

added Corporal Cyr’s initial award was lost as a result of the deactivation.

(b)

added Purpose— That the House of Representatives—

(1)

added honors the heroism of Corporal Gary Andrew Cyr to successfully insert troops and ammunition on time and on target; and

(2)

added believes the United States Army, in light of new information, should consider revisiting decorating and honoring the courage and leadership of Corporal Gary Andrew Cyr.

Sec. 586 Eligibility of veterans of Operation End Sweep for Vietnam Service Medal

added

added The Secretary of the military department concerned may, upon the application of an individual who is a veteran who participated in Operation End Sweep, award that individual the Vietnam Service Medal.

Sec. 587 Authorization for award of Medal of Honor to E. Royce Williams for acts of valor during the Korean War

added

(a)

added Waiver of time limitations— Notwithstanding the time limitations specified in section 8298 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 8291 of such title to E. Royce Williams for the acts of valor described in subsection (b).

(b)

added Acts of valor described— The acts of valor described in this subsection are the actions of E. Royce Williams, as a lieutenant in the Navy, on November 18, 1952, for which he was previously awarded the Silver Star.

Sec. 588 Authorization for award of Medal of Honor to James Capers, Jr. for acts of valor as a member of the Marine Corps during the Vietnam War

added

(a)

added Authorization— Notwithstanding the time limitations specified in sections 8298(a) and 8300 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President is authorized to award the Medal of Honor, under section 8291 of such title, to James Capers, Jr. for the acts of valor described in subsection (b).

(b)

added Acts of valor described— The acts of valor described in this subsection are the actions of James Capers, Jr., as a member of the Marine Corps, during the period of March 31 through April 3, 1967, during the Vietnam War, for which he was previously awarded the Silver Star.

Sec. 589 Inclusion of Purple Heart awards on military valor website

added

added The Secretary of Defense shall ensure that the publicly accessible internet website of the Department of Defense that lists individuals who have been awarded certain military awards includes a list of each individual who meets each of the following criteria:

(1)

added The individual is awarded the Purple Heart for qualifying actions that occur after the date of the enactment of this Act.

(2)

added The individual elects to be included on such list (or, if the individual is deceased, the primary next of kin elects the individual to be included on such list).

(3)

added The public release of the individual’s name does not constitute a security risk, as determined by the Secretary of the military department concerned.

Sec. 589A Study on fraudulent misrepresentation about receipt of a military medal or decoration

added

(a)

added Study— Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall conduct a study to identify any monetary or government benefits obtained through a fraudulent misrepresentation about the receipt a military decoration or medal as described by section 704(c)(2) or 704(d) of title 18, United States Code.

(b)

added Report— Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall report to Congress on the findings of the study conducted under subsection (b) and policy recommendations to resolve issues identified in the study.

Sec. 599 Sense of congress regarding women involuntarily separated from the Armed Forces due to pregnancy or parenthood

added

(a)

added Findings— Congress finds the following:

(1)

added In June 1948, Congress enacted the Women’s Armed Services Integration Act of 1948, which formally authorized the appointment and enlistment of women in the regular components of the Armed Forces.

(2)

added With the expansion of the Armed Forces to include women, the possibility arose for the first time that members of the regular components of the Armed Forces could become pregnant.

(3)

added The response to such possibilities and actualities was Executive Order 10240, signed by President Harry S. Truman in 1951, which granted the Armed Forces the authority to involuntarily separate or discharge a woman if she became pregnant, gave birth to a child, or became a parent by adoption or a stepparent.

(4)

added The Armed Forces responded to the Executive order by systematically discharging any woman in the Armed Forces who became pregnant, regardless of whether the pregnancy was planned, unplanned, or the result of sexual abuse.

(5)

added Although the Armed Forces were required to offer women who were involuntarily separated or discharged due to pregnancy the opportunity to request retention in the military, many such women were not offered such opportunity.

(6)

added The Armed Forces did not provide required separation benefits, counseling, or assistance to the members of the Armed Forces who were separated or discharged due to pregnancy.

(7)

added Thousands of members of the Armed Forces were involuntarily separated or discharged from the Armed Forces as a result of pregnancy.

(8)

added There are reports that the practice of the Armed Forces to systematically separate or discharge pregnant members caused some such members to seek an unsafe or inaccessible abortion, which was not legal at the time, or to put their children up for adoption, and that, in some cases, some women died by suicide following their involuntary separation or discharge from the Armed Forces.

(9)

added Such involuntary separation or discharge from the Armed Forces on the basis of pregnancy was challenged in Federal district court by Stephanie Crawford in 1975, whose legal argument stated that this practice violated her constitutional right to due process of law.

(10)

added The Court of Appeals for the Second Circuit ruled in Stephanie Crawford’s favor in 1976 and found that Executive Order 10240 and any regulations relating to the Armed Forces that made separation or discharge mandatory due to pregnancy were unconstitutional.

(11)

added By 1976, all regulations that permitted involuntary separation or discharge of a member of the Armed Forces because of pregnancy or any form of parenthood were rescinded.

(12)

added Today, women comprise 17 percent of the Armed Forces, and many are parents, including 12 percent of whom are single parents.

(13)

added While military parents face many hardships, today’s Armed Forces provides various lengths of paid family leave for mothers and fathers, for both birth and adoption of children.

(b)

added Sense of Congress— It is the sense of Congress that women who served in the Armed Forces before February 23, 1976, should not have been involuntarily separated or discharged due to pregnancy or parenthood.

(c)

added Expression of remorse— Congress hereby expresses deep remorse for the women who patriotically served in the Armed Forces, but were forced, by official United States policy, to endure unnecessary and discriminatory actions, including the violation of their constitutional right to due process of law, simply because they became pregnant or became a parent while a member of the Armed Forces.

Sec. 599A Armed Forces workplace and gender relations surveys

added

added Subsection (c) of section 481 of title 10, United States Code, is amended—

(1)

added by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and

(2)

added by inserting after paragraph (2) the following new paragraph:

added “(3) Indicators of the assault (including unwanted sexual contact) that give reason to believe that the victim was targeted, or discriminated against, or both, for a real or perceived status in a minority group based on race, color, national origin, religion, sex (including gender identity, sexual orientation, or sex characteristics), and any other factor considered appropriate by the Secretary.”

Sec. 599B Task Force on Historical and Current Barriers to African American Participation and Equal Treatment in the Armed Services

added

(a)

added Establishment— The Secretary of Defense shall establish within the Department of Defense a task force to be known as the “Task Force on Historical and Current Barriers to African American Participation and Equal Treatment in the Armed Services” (hereafter referred to as the “Task Force”).

(b)

added Duties— The Task Force shall advise, consult with, report to, and make recommendations to the Secretary, as appropriate, on the development, refinement, and implementation of policies, programs, planning, and training which will provide redress for historical barriers to African American participation and equal treatment in the Armed Services.

(c)

added Studies and investigations—

(1)

added Investigation of historical record of slavery— As part of its duties, the Task Force shall identify, compile, examine, and synthesize the relevant corpus of evidentiary documentation regarding the military or Armed Service’s involvement in the institution of slavery. The Task Force’s documentation and examination shall include facts related to—

(A)

added the capture and procurement of Africans;

(B)

added the transport of Africans to the United States and the colonies that became the United States for the purpose of enslavement, including their treatment during transport;

(C)

added the sale and acquisition of Africans and their descendants as chattel property in interstate and intrastate commerce;

(D)

added the treatment of African slaves and their descendants in the colonies and the United States, including the deprivation of their freedom, exploitation of their labor, and destruction of their culture, language, religion, and families; and

(E)

added the extensive denial of humanity, sexual abuse, and the chatellization of persons.

(2)

added Study of effects of discriminatory policies in the armed services— As part of its duties, the Task Force shall study and analyze the official policies or routine practices of the Armed Services with discriminatory intent or discriminatory effect on the formerly enslaved Africans and their descendants in the Armed Services following the overdue recognition of such persons as United States citizens beginning in 1868.

(3)

added Study of other forms of discrimination— As part of its duties, the Task Force shall study and analyze the other forms of discrimination in the Armed Services against freed African slaves and their descendants who were belatedly accorded their rightful status as United States citizens from 1868 to the present.

(4)

added Study of lingering effects of discrimination— As part of its duties, the Task Force shall study and analyze the lingering negative effects of the institution of slavery and the matters described in the preceding paragraphs on living African Americans and their participation in the Armed Services.

(d)

added Recommendations for remedies—

(1)

added Recommendations— Based on the results of the investigations and studies carried out under subsection (c), the Task Force shall recommend appropriate remedies to the Secretary.

(2)

added Issues addressed— In recommending remedies under this subsection, the Task Force shall address the following:

(A)

added How Federal laws and policies that continue to disproportionately and negatively affect African Americans as a group in the Armed Services, and those that perpetuate the lingering effects, materially and psycho-socially, can be eliminated.

(B)

added How the injuries resulting from the matters described in subsection (c) can be reversed through appropriate policies, programs, and projects.

(C)

added How, in consideration of the Task Force’s findings, to calculate any form of repair for inequities to the descendants of enslaved Africans.

(D)

added The form of that repair which should be awarded, the instrumentalities through which the repair should be provided, and who should be eligible for the repair of such inequities.

(e)

added Annual report—

(1)

added Submission— Not later than 90 days after the end of each year, the Task Force shall submit a report to the Secretary on its activities, findings, and recommendations during the preceding year.

(2)

added Publication— Not later than 180 days after the date on which the Secretary receives an annual report for a year under paragraph (1), the Secretary shall publish a public version of the report, and shall include such related matters as the Secretary finds would be informative to the public during that year.

(f)

added Composition; governance—

(1)

added Composition— The Task Force shall be composed of such number of members as the Secretary may appoint from among individuals whom the Secretary finds are qualified to serve by virtue of their military service, education, training, activism or experience, particularly in the field of history, sociology, and African American studies.

(2)

added Publication of list of members— The Secretary shall post and regularly update on a public website of the Department of Defense the list of the members of the Task Force.

(3)

added Meetings— The Task Force shall meet not less frequently than quarterly, and may convene additional meetings during a year as necessary. At least one of the meetings during each year shall be open to the public.

(4)

added Governance— The Secretary shall establish rules for the structure and governance of the Task Force.

(5)

added Deadline— The Secretary shall complete the appointment of the members of the Task Force not later than 180 days after the date of the enactment of this Act.

Sec. 599C Plan to combat racial bias, discrimination, and harassment against Asian American service members, civilians, and contractor personnel

added

(a)

added Sense of Congress— It is the sense of Congress that:

(1)

added Asian American service members, civilians, and contractors serve with honor and distinction in the Department of Defense.

(2)

added Asian Americans continue to be underrepresented in the Department of Defense and other national security agencies, especially at senior leadership and general and flag officer levels.

(3)

added Greater recruitment, retention, and inclusion of Asian American personnel, particularly those with language skills and cultural competencies, is critical to implementation of the Administration’s Interim National Security Strategic Guidance and National Defense Strategy, both of which place greater emphasis on strategic competition in the Indo-Pacific region.

(4)

added The Department of Defense has a responsibility to take meaningful action in addressing the higher rates of racially or ethnically rooted bias, discrimination, and harassment experienced and reported by service members, civilians, and contractor personnel of Asian American descent, especially women.

(5)

added Protecting and upholding our values in diversity, equity, and inclusion at home are essential to our efforts in promoting democracy and inclusion abroad.

(b)

added Plan required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall—

(1)

added submit to the congressional defense committees a report that includes—

(A)

added an assessment of the extent to which Department of Defense service members, civilians, and contractor personnel experience anti-Asian bias, discrimination, or harassment, including contributing factors such as the security clearance review process;

(B)

added a review of Department of Defense programs, policies, and practices that impact diversity, equity, and inclusion goals, especially with respect to such service members, civilians, and contractor personnel who are Asian Americans; and

(C)

added recommendations, developed in consultation with Asian American organizations, to address unconscious bias, discrimination, and harassment targeted at Asian Americans and to improve recruitment and retention of Asian American service members, civilians, and contractor personnel, including accountability measures and improvements to services to inform and support personnel with resolving discrimination complaints through administrative or judicial processes; and

(2)

added make the report required under paragraph (1) publicly available on the website of the Department of Defense.

(c)

added Implementation and update— Not later than 2 years after the date of the enactment of this Act, the Secretary of Defense shall—

(1)

added implement the recommendations described in subsection (b)(1)(C); and

(2)

added provide to the congressional defense committees an update on the implementation of such recommendations.

Sec. 599D Recurring report regarding COVID-19 mandate

added

added Not later than 60 days after the date of the enactment of this Act and every 60 days thereafter until the Secretary of Defense lifts the requirement that a member of the Armed Forces shall receive a vaccination against COVID-19, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report, without any personally identifiable information, containing the following:

(1)

added With regard to religious exemptions to such requirement—

(A)

added the number of such exemptions for which members applied;

(B)

added the number of such religious exemptions denied;

(C)

added the reasons for such denials;

(D)

added the number of members denied such a religious exemption who complied with the requirement; and

(E)

added the number of members denied such a religious exemption who did not comply with the requirement who were separated, and with what characterization.

(2)

added With regard to medical exemptions to such requirement—

(A)

added the number of such medical exemptions for which members applied;

(B)

added the number of such medical exemptions denied;

(C)

added the reasons for such denials;

(D)

added the number of members denied such a medical exemption who complied with the requirement; and

(E)

added the number of members denied such a medical exemption who did not comply with the requirement who were separated, and with what characterization.

Sec. 599E Pilot program on safe storage of personally owned firearms

added

(a)

added Establishment— The Secretary of Defense shall establish a voluntary pilot program to promote the safe storage of personally owned firearms.

(b)

added Elements— Under the pilot program under subsection (a), the Secretary of Defense shall furnish to members of the Armed Forces described in subsection (c) secure gun storage or safety devices for the purpose of securing personally owned firearms when not in use (including by directly providing, subsidizing, or otherwise making available such devices).

(c)

added Voluntary participants— A member of the Armed Forces described in this subsection is a member of the Armed Forces who elects to participate in the pilot program under subsection (a) and is stationed at a military installation selected under subsection (e).

(d)

added Plan— Not later than one year after the date of enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan for the implementation of the pilot program under subsection (a).

(e)

added Selection of installations— Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall select not fewer than five military installations at which to carry out the pilot program under subsection (a).

(f)

added Duration— The duration of the pilot program under subsection (a) shall be for a period of six years.

(g)

added Report— Upon the termination of the pilot program under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report containing the following information:

(1)

added The number and type of secure gun storage or safety devices furnished to members of the Armed Forces under such pilot program.

(2)

added The cost of such pilot program.

(3)

added An analysis of the effect of such pilot program on suicide prevention.

(4)

added Such other information as the Secretary may determine appropriate, except that such information may not include the personally identifiable information of a participant in such pilot program.

(h)

added Secure gun storage or safety device defined— In this subsection, the term “secure gun storage or safety device” means—

(1)

added a device that, when installed on a firearm, is designed to prevent the firearm from being operated without first deactivating the device;

(2)

added a device incorporated into the design of the firearm that is designed to prevent the operation of the firearm by any individual without access to the device; or

(3)

added a safe, gun safe, gun case, lock box, or other device that may be used to store a firearm and is designed to be unlocked only by a key, combination, or other similar means.

Sec. 599F Report on non-citizen members of the Armed Forces

added

added Section 147(b) of title 10, United States Code, is amended—

(1)

added in paragraph (8), by striking “and” at the end;

(2)

added by redesignating paragraph (9) as paragraph (10); and

(3)

added by inserting after paragraph (8) the following new paragraph:

added “(9) shall submit to the congressional defense committees an annual report on—

added “(A) the number of members of the Armed Forces who are not citizens of the United States during the year covered by such report;

added “(B) the immigration status of such members; and

added “(C) the number of such members naturalized; and”

Sec. 599G Report on instances of antisemitism

added

added The Secretaries concerned shall submit to the congressional defense committees a report that identifies, with respect to the equal opportunity programs under the jurisdiction of each Secretary concerned—

(1)

added all administrative investigations into allegations of antisemitism; and

(2)

added all substantiated instances of antisemitism.

Sec. 599H Annual report regarding cost of living for members and employees of the Department of Defense

added

added Section 136 of title 10, United States Code, is amended by adding at the end the following new subsection:

added “(e) The Under Secretary of Defense for Personnel and Readiness shall submit annually to the Committees on Armed Services of the Senate and House of Representatives a report containing an analysis of the costs of living, nationwide, for

added “(1) members of the Armed Forces on active duty; and

added “(2) employees of the Department of Defense.”

Sec. 599I Review of recruiting efforts for women

added

(a)

added In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall evaluate the effectiveness and scale of existing outreach programs, with the objective of creating new programs or adjusting the existing programs to increase the recruitment of women, including young women, for service in the Armed Forces.

(b)

added Report— Not later than 365 days after the date of the enactment of this Act, the Department shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report that includes—

(1)

added evaluations of existing marketing and recruitment efforts to increase recruitment of women in the Armed Forces; and

(2)

added recommendations on new initiatives, programs, or practices to increase the recruitment of women in the Armed Forces.

Sec. 599J Report on support for pregnant members

added

added The Secretary of Defense shall report to the Committees on Armed Services of the Senate and House of Representatives a summary of past, current, and future efforts to support pregnant members of the Armed Forces, including—

(1)

added the number of pregnant members who served at least one day of active duty in a calendar year;

(2)

added recommendations to improve efforts to support pregnant members.

Sec. 599K Clarification of authority to solicit gifts in support of the mission of the Defense POW/MIA Accounting Agency to account for members of the Armed Forces and Department of Defense civilian employees listed as missing

added

added Section 1501a of title 10, United States Code, is amended—

(1)

added in subsection (e)(1), by inserting “solicit,” after “the Secretary may”; and

(2)

added in subsection (f)(2)—

(A)

added by inserting “solicitation or” after “provide that”; and

(B)

added by striking “acceptance or use” and inserting “solicitation, acceptance, or use”.

Sec. 599L Report on efforts to prevent and respond to deaths by suicide in the Navy

added

(a)

added Review Required— The Inspector General of the Department of Defense shall conduct a review of the efforts by the Secretary of the Navy to—

(1)

added prevent incidents of deaths by suicide, suicide attempts, and suicidal ideation among covered members; and

(2)

added respond to such incidents.

(b)

added Elements of Review— The study conducted under subsection (a) shall include an assessment of each of the following:

(1)

added The extent of data collected regarding incidents of deaths by suicide, suicide attempts, and suicidal ideation among covered members, including data regarding whether such covered members are assigned to sea duty or shore duty at the time of such incidents.

(2)

added The means used by commanders to prevent and respond to incidents of deaths by suicide, suicide attempts, and suicidal ideation among covered members.

(3)

added Challenges related to—

(A)

added the prevention of incidents of deaths by suicide, suicide attempts, and suicidal ideation among members of the Navy assigned to sea duty; and

(B)

added the development of a response to such incidents.

(4)

added The capacity of teams providing mental health services to covered members to respond to incidents of suicidal ideation or suicide attempts among covered members in the respective unit each such team serves.

(5)

added The means used by such teams to respond to such incidents, including the extent to which post-incident programs are available to covered members.

(6)

added Such other matters as the Inspector General considers appropriate in connection with the prevention of deaths by suicide, suicide attempts, and suicidal ideation among covered members.

(c)

added Report Required— Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of Defense shall submit to the congressional defense committees a report that includes a summary of the results of the review conducted under subsection (a).

(d)

added Covered member defined— In this section the term “covered member” means a member of the Navy assigned to sea duty or shore duty.

Sec. 599M Report on programs through which members of the Armed Forces may file anonymous concerns

added

(a)

added Review required— The Inspector General of the Department of Defense shall conduct a review that shall include an assessment of the extent to which the Secretary of Defense and each Secretary of a military department have—

(1)

added issued policy and guidance concerning the establishment, promotion, and management of an anonymous concerns program;

(2)

added established safeguards in such policy and guidance to ensure the anonymity of concerns or complaints filed through an anonymous concerns program; and

(3)

added used an anonymous concerns program—

(A)

added for purposes that include services on a military installation; and

(B)

added in settings that include—

(i)

added naval vessels;

(ii)

added military installations outside the continental United States; and

(iii)

added remote locations.

(b)

added Report required— Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of Defense shall submit to the congressional defense committees a report that includes the findings of the review conducted under subsection (a).

(c)

added Anonymous concerns program defined— In this section, the term “anonymous concerns program”—

(1)

added means a program that enables a member of the Armed Force to anonymously submit a complaint or concern related to topics that include—

(A)

added morale;

(B)

added quality of life;

(C)

added safety; or

(D)

added the availability of Department of Defense programs or services to support members of the Armed Forces; and

(2)

added does not include an anonymous reporting mechanism related to sexual harassment, sexual assault, anti-harassment complaints, or military equal opportunity complaints.

Sec. 599N Sense of Congress regarding Ulysses S. Grant

added

added It is the Sense of Congress that—

(1)

added the efforts and leadership of Ulysses S. Grant in defending the United States deserve honor;

(2)

added the military victories achieved under the command of Ulysses S. Grant were integral to the preservation of the United States; and

(3)

added Ulysses S. Grant is among the most influential military commanders in the history of the United States.

Sec. 615 Inflation bonus pay

(a)

Bonus pay— Beginning on January 1, 2023, the Secretary concerned shall pay a bonus to each eligible member under the jurisdiction of such Secretary concerned.

(b)

Payment— Bonus pay under this section shall be paid to an eligible member on a monthly basis.

(c)

changed Amount of pay— Each bonus payment under this section shall be in an amount ~~equal to~~ determined by the Secretary concerned, based on prevailing economic conditions that adversely affect members, but in no case shall be less than 2.4 percent of the rate—

(1)

in effect on January 1, 2023; and

(2)

of, for an eligible member—

(A)

pay under section 204 of title 37, United States Code; or

(B)

compensation under section 206 of title 37, United States Code.

(d)

Relationship to other pay and allowances— Bonus pay paid to an eligible member under this section is in addition to any other pay and allowances to which the eligible member is entitled.

(e)

Termination— No bonus may be paid under this section after December 31, 2023.

(f)

Eligible member defined— In this section, the term “eligible member” means a member of the uniformed services—

(1)

who is entitled to pay or compensation described in subsection (c)(2); and

(2)

whose basic pay for 2023 is less than $45,000.

Sec. 624 Survivor Benefit Plan open enrollment period

(a)

Persons not currently participating in Survivor Benefit Plan—

(1)

changed Election of SBP coverage— An eligible retired or former member may elect to participate in the Survivor Benefit Plan during the open enrollment period specified in ~~paragraph (4).~~subsection (d).

(2)

Eligible retired or former member— For purposes of subparagraph (A), an eligible retired or former member is a member or former member of the uniformed services who, on the day before the first day of the open enrollment period, discontinued participation in the Survivor Benefit Plan under section 1452(g) of title 10, United States Code, and—

(A)

is entitled to retired pay; or

(B)

would be entitled to retired pay under chapter of title 10, United States Code (or chapter 67 of such title as in effect before October 5, 1994), but for the fact that such member or former member is under 60 years of age.

(3)

Status under SBP of persons making elections—

(A)

Standard annuity— A person making an election under subparagraph (A) by reason of eligibility under subparagraph (B)(i) shall be treated for all purposes as providing a standard annuity under the Survivor Benefit Plan.

(B)

Reserve-component annuity— A person making an election under subparagraph (A) by reason of eligibility under subparagraph (B)(ii) shall be treated for all purposes as providing a reserve-component annuity under the Survivor Benefit Plan.

(b)

Manner of making elections—

(1)

In general— An election under this subsection must be made in writing, signed by the person making the election, and received by the Secretary concerned before the end of the open enrollment period. Except as provided in subparagraph (B), any such election shall be made subject to the same conditions, and with the same opportunities for designation of beneficiaries and specification of base amount, that apply under the Survivor Benefit Plan. A person making an election under paragraph (1) to provide a reserve-component annuity shall make a designation described in section 1448(e) of title 10, United States Code.

(2)

Election must be voluntary— An election under this subsection is not effective unless the person making the election declares the election to be voluntary. An election to participate in the Survivor Benefit Plan under this subsection may not be required by any court. An election to participate or not to participate in the Survivor Benefit Plan is not subject to the concurrence of a spouse or former spouse of the person.

(c)

Effective date for elections— Any such election shall be effective as of the first day of the first calendar month following the month in which the election is received by the Secretary concerned.

(d)

Open enrollment period defined— The open enrollment period is the period beginning on the date of the enactment of this Act and ending on January 1, 2024.

(e)

Applicability of certain provisions of law— The provisions of sections 1449, 1453, and 1454 of title 10, United States Code, are applicable to a person making an election, and to an election, under this subsection in the same manner as if the election were made under the Survivor Benefit Plan.

(f)

Premiums for open enrollment election—

(1)

Premiums to be charged— The Secretary of Defense shall prescribe in regulations premiums which a person electing under this subsection shall be required to pay for participating in the Survivor Benefit Plan pursuant to the election. The total amount of the premiums to be paid by a person under the regulations shall be equal to the sum of—

(A)

the total amount by which the retired pay of the person would have been reduced before the effective date of the election if the person had elected to participate in the Survivor Benefit Plan (for the same base amount specified in the election) at the first opportunity that was afforded the member to participate under chapter 73 of title 10, United States Code;

(B)

interest on the amounts by which the retired pay of the person would have been so reduced, computed from the dates on which the retired pay would have been so reduced at such rate or rates and according to such methodology as the Secretary of Defense determines reasonable; and

(C)

any additional amount that the Secretary determines necessary to protect the actuarial soundness of the Department of Defense Military Retirement Fund against any increased risk for the fund that is associated with the election.

(2)

Premiums to be credited to retirement fund— Premiums paid under the regulations shall be credited to the Department of Defense Military Retirement Fund.

(g)

Definitions— In this subsection:

(1)

The term “Survivor Benefit Plan” means the program established under subchapter II of chapter 73 of title 10, United States Code.

(2)

The term “retired pay” includes retainer pay paid under section 8330 of title 10, United States Code.

(3)

The terms “uniformed services” and “Secretary concerned” have the meanings given those terms in section 101 of title 37, United States Code.

(4)

The term “Department of Defense Military Retirement Fund” means the Department of Defense Military Retirement Fund established under section 1461(a) of title 10, United States Code.

Sec. 625 Study and report on military installations with limited child care

(a)

Study—

(1)

In general— The Secretary of Defense shall conduct a study regarding child care at military installations of the covered Armed Forces—

(A)

that are not served by a military child development center; or

(B)

where the military child development center has few available spots.

(2)

Elements— The study shall identify the following with regards to each military installation described in paragraph (1):

(A)

The current and maximum possible enrollment at the military child development center (if one exists).

(B)

Plans of the Secretary to expand an existing, or construct a new, military child development center.

(C)

The resulting capacity of each military child development center described in subparagraph (B).

(D)

The median cost of services at accredited child care facilities located near such military installation compared to the amount of assistance provided by the Secretary of the military department concerned to members for child care services.

(E)

added The unique needs or challenges facing the population of such military installation that may require additional tailored resources, including—

(i)

added the needs of non-English speaking members of that population; and

(ii)

added the needs of English as a second language members of that population.

(b)

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 containing the results of the study conducted under this section, including any policy recommendations of the Secretary to address the rising cost of child care near military installations and the rates of child care fee assistance provided to members of the covered Armed Forces.

(c)

Definitions— In this section:

(1)

The term “covered Armed Force” means the following:

(A)

The Army.

(B)

The Navy.

(C)

The Marine Corps.

(D)

The Air Force.

(E)

The Space Force.

(2)

The term “military child development center” has the meaning given such term in section 1800 of title 10, United States Code.

Sec. 626 Hunger among military families: data collection; training; report

added

(a)

added Data collection— Not later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Personnel and Readiness, acting through the Deputy Assistant Secretary for Military Community and Family Policy, in coordination with the Under Secretary for Food, Nutrition, and Consumer Services of the Department of Agriculture, shall—

(1)

added develop a survey, in collaboration with the Department of Agriculture, to determine how many members of the Armed Forces serving on active duty, and dependents of such members, are food insecure;

(2)

added issue the survey to such members and dependents;

(3)

added collect data from the survey on the use, by such members and dependents, of Federal nutrition 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 under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), the school lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), and the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); and

(4)

added collect data related to the number of such members and dependents who—

(A)

added are eligible for the basic needs allowance under section 402b of title 37, United States Code; and

(B)

added receive such basic needs allowance;

(5)

added develop and carry out a plan to train and designate an individual who will assist members at military installations on how and where to refer such members and their dependents for participation in Federal nutrition assistance programs described in paragraph (3); and

(6)

added coordinate Department of Defense efforts to address food insecurity and nutrition.

(b)

added Report— Not later than one year after the date of the enactment of this Act, and annually thereafter, the Under Secretary of Defense for Personnel & Readiness shall submit to the congressional defense committees, the Committees on Agriculture and Education and Labor of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report including the following:

(1)

added The number of members of the Armed Forces serving on active duty and their dependents who are food insecure.

(2)

added The number of such members and their dependents who use the Federal nutrition assistance programs described in subsection (a)(3).

(3)

added The number of such members and their dependents described in subsection (a)(3).

(4)

added The status of implementation of the plan under subsection (a)(5).

Sec. 631 Prohibition on sale of Chinese goods in commissary stores and military exchanges

The Secretary of Defense shall prohibit the sale, at a commissary store or military exchange, of goods—

(1)

manufactured in China;

(2)

changed assembled in ~~China; or~~China;

(3)

changed imported into the United States from ~~China.~~China; or

(4)

added containing materials from the Xinjiang Uyghur Autonomous Region of the People’s Republic of China.

Sec. 646 Plan for reimbursement of certain expenses of certain members and veterans related to Afghanistan evacuation

added

(a)

added Plan— 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 plan (in this section referred to as the “Plan”) to reimburse members of the Armed Forces serving on active duty and veterans who expended personal funds in support of efforts to evacuate, from Afghanistan, Afghan nationals who previously supported military or reconstruction missions of the United States in Afghanistan.

(b)

added Consultation— In developing the plan, the Secretary shall consult with the following:

(1)

added The Secretary of State.

(2)

added The Secretary of Veterans Affairs.

(3)

added Non-governmental organizations and veterans service organizations with expertise in supporting the evacuation of Afghan nationals from Afghanistan.

(c)

added Elements— The Plan shall include the following elements:

(1)

added Eligibility requirements for members of the Armed Forces serving on active duty and veterans to file a reimbursement claim under the Plan.

(2)

added The criteria for reimbursement, including the types of reimbursable claims and maximum reimbursement limit.

(3)

added The process for filing a reimbursement claim.

(4)

added The supporting documentation required to file a reimbursement claim.

(5)

added An estimate of the costs that would be associated with implementing the Plan.

(d)

added Public availability— Not later than one year after the date of the enactment of this Act, the Secretary shall of Defense post the plan on a publicly available website of the Department of Defense.

(e)

added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means:

(1)

added With respect to the House of Representatives:

(A)

added The Committee on Oversight and Reform.

(B)

added The Committee on Armed Services.

(2)

added With respect to the Senate:

(A)

added The Committee on Homeland Security and Government Affairs.

(B)

added The Committee on Armed Services.

Sec. 647 Expansion of the space-available travel program to allow certain disabled veterans to travel with a caregiver or dependent on certain aircraft

added

(a)

added Exception to limitation on use of travel program funds— Section 2641b(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:

added “(3) The limitation in paragraph (2) shall not apply to the use of funds to purchase or design new equipment to carry out paragraphs (4) and (5) of subsection (c).”

(b)

added Certain caregiver or dependent eligibility for travel program— Section 2641b(c) of title 10, United States Code, is amended—

(1)

added by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively;

(2)

added in paragraph (6) (as redesignated by paragraph (1)), by striking “paragraphs (1) through (3)” and inserting “paragraphs (1) through (4)”; and

(3)

added by inserting after paragraph (4) the following new paragraph:

added “(5) Subject to subsection (f) and under conditions and circumstances as the Secretary shall specify in regulations under subsection (a), a caregiver or family caregiver (as such terms are defined in section 1720G of title 38) of a veteran with a permanent service-connected disability rated as total.”

(c)

added Limitation on priority in travel program— Section 2641b(f) of title 10, United States Code, is amended—

(1)

added in paragraph (1), by striking “a veteran eligible for travel pursuant to subsection (c)(4)” and inserting “an individual eligible for travel pursuant to paragraph (4) or (5) of subsection (c)”; and

(2)

added in paragraphs (2) and (3), by striking “The authority in subsection (c)(4)” each place it appears and inserting “The authority in paragraph (4) or (5) of subsection (c)”.

Sec. 651 Elimination of cap on additional retired pay for extraordinary heroism for members of the Army and Air Force who served during the Vietnam Era

added

added Title 10, United States Code, is amended—

(1)

added in section 1402(f)(2), by striking “The amount” and inserting “Except in the case of a member who served during the Vietnam Era (as that term is defined in section 12731 of this title), the amount”;

(2)

added in section 7361(a)(2), by inserting “(except in the case of a member who served during the Vietnam Era, as that term is defined in section 12731 of this title)” after “based”; and

(3)

added in section 9361(a)(2), by inserting “(except in the case of a member who served during the Vietnam Era, as that term is defined in section 12731 of this title)” after “based”.

Sec. 732 Sleep Apnea Screening

added

(a)

added In general— Not later than 90 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Health Affairs shall provide a plan to the congressional defense committees for a pilot program to screen for obstructive sleep apnea among persons going through the officer accession program.

(b)

added Plan contents— This plan required under subsection (a) shall include—

(1)

added how many individuals will be tested under the pilot program; and

(2)

added how much the pilot program would cost.

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

added

(a)

added 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)

added 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)

added The availability of adequate diagnostic and non-medical intervention covered services for covered children.

(3)

added 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)

added 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)

added 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.

(c)

added Demonstration projects—

(1)

added 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)

added Participants— The Secretary may select for participation in the study—

(A)

added members of the Armed Forces with covered children who elect to so participate; and

(B)

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

(3)

added 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)

added develop and monitor promotion and prevention, and non-medical intervention, plans for such participants;

(B)

added provide appropriate training in the provision of covered services to such participants;

(C)

added 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)

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

(E)

added 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)

added Infant and early childhood mental health consultations—

(A)

added 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)

added Competency guidelines— The curriculum under subparagraph (A) shall be based on a set of competency guidelines that are—

(i)

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

(ii)

added 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)

added Contract authority—

(A)

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

(B)

added 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.

(C)

added Contractor requirements— The Secretary shall establish, and ensure the implementation of, the following:

(i)

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

(ii)

added 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)

added 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)

added Deadline to commence; minimum period— For each demonstration project conducted under this subsection—

(A)

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

(B)

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

(7)

added Evaluation—

(A)

added 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)

added 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)

added Positive outcomes for covered children.

(ii)

added Improvements to the services and continuity of care for covered children.

(iii)

added Improvements to military family readiness and enhanced military retention.

(d)

added 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)

added A description of the demonstration project.

(2)

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

(3)

added 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)

added 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)

added Definitions— In this section:

(1)

added The term child has the meaning given that term in section 1072 of title 10, United States Code.

(2)

added 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)

added The term “covered degree” means a postsecondary degree that—

(A)

added 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)

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

(4)

added The term covered educational or treatment service—

(A)

added 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)

added 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)

added 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)

added 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)

added form close and secure adult and peer relationships;

(B)

added experience, manage, and express a full range of emotions; and

(C)

added explore the environment and learn.

Sec. 734 Improvements to processes to reduce financial harm caused to civilians for care provided at military medical treatment facilities

added

(a)

added Clarification of fee waiver process— Section 1079b of title 10, United States Code, is amended—

(1)

added by amending subsection (b) to read as follows:

added “(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.”

(2)

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

(b)

added Modified payment plan for certain civilians—

(1)

added In general— Such section is further amended—

(A)

added by inserting after subsection (b), as amended by subsection (a), the following:

added “(c) Modified payment plan for certain civilians

added “(1)

added “(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.

added “(B)

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

added “(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.

added “(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.

added “(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.

added “(4) The modified payment plan under this subsection may not be administered by a Federal agency other than the Department of Defense.”

(B)

added by adding at the end the following new subsection:

added “(e) Definitions—In this section:

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

added “(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)

added 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

added

(a)

added 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)

added Reports—

(1)

added 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)

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

(B)

added 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)

added 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.

(c)

added Definitions— In this section:

(1)

added The term “covered code, specification, and standard”—

(A)

added 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)

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

(i)

added The 2021 International Energy Conservation Code.

(ii)

added The ASHRAE Standard 90.1.

(iii)

added The ASHRAE Standard 170.

(iv)

added The ASHRAE Standard 189.3.

(v)

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

(vi)

added The International Wildland-Urban Interface Code.

(vii)

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

(2)

added 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

added

(a)

added 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)

added Definitions— In this section:

(1)

added The term “dependent” has the meaning given that term in section 1072 of title 10, United States Code.

(2)

added The term “dependent child” means a dependent child of a remarried former spouse and a member or former member of a uniformed service.

(3)

added 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

added

added 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

added

(a)

added 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)

added 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)

added 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)

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

(2)

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

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

(a)

changed Study— The Secretary of Defense shall conduct a study on the use of ~~medicinal cannabis~~ qualified alternative therapies as an 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)

changed a description of any such findings relating to the benefits or other effects of using ~~medicinal cannabis~~ 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)

changed Education initiative— The Secretary shall carry out an education initiative regarding the use of ~~medicinal cannabis~~ 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)

changed best practices for reducing the stigmatization of ~~medicinal cannabis.~~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

(C)

the Committee on Commerce, Science, and Transportation of the Senate.

(3)

added The term “qualified alternative therapy” means—

(A)

added medicinal cannabis;

(B)

added methylenedioxymethamphetamine (commonly referred to as MDMA); and

(C)

added psilocybin.

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.

(C)

An identification of the number of such medical personnel who are officers in a grade below O–7.

(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)

a description of any potential effects of such elimination with respect to medical readiness.

(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)

added 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)

added 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)

added Ethnicity.

(3)

added Gender identity.

(e)

renumbered was (5) 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)

renumbered was (6) Definitions— In this section:

(1)

renumbered was (6)(3) The term “covered position” means a position for an officer in a grade above O–6.

(2)

renumbered was (6)(4) The terms “enlisted member” and “officer” have the meanings given those terms in section 101(b) of title 10, United States Code.

(3)

renumbered was (6)(5) The term “medical component” means—

(A)

renumbered was (6)(5)(2) in the case of the Army, the Medical Corps, Dental Corps, Nurse Corps, Medical Service Corps, Veterinary Corps, and Army Medical Specialist Corps;

(B)

renumbered was (6)(5)(3) in the case of the Air Force, members designated as medical officers, dental officers, Air Force nurses, medical service officers, and biomedical science officers; and

(C)

renumbered was (6)(5)(4) in the case of the Navy, the Medical Corps, Dental Corps, Nurse Corps, and Medical Service Corps.

(4)

renumbered was (6)(6) The term “medical personnel” has the meaning given such term in section 115a(e) of title 10, United States Code.

(5)

renumbered was (6)(7) The term “military department” has the meaning given that term in section 101(a) of such title.

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

added

(a)

added 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)

added 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)

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

(2)

added 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

added

(a)

added 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)

added 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

added

(a)

added 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)

added 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)

added 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)

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

(3)

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

(c)

added Definitions— In this section:

(1)

added 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)

added 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

added

added 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)

added 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)

added 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

added

(a)

added 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)

added 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)

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

(b)

added 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).

(c)

added Definitions— In this section:

(1)

added 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)

added 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

added

added 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

added

(a)

added 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)

added the accessibility of mental health care providers on military installations;

(2)

added the accessibility of inpatient services for mental health care for such members; and

(3)

added steps that may be taken to improve such accessibility.

(b)

added 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

added

(a)

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

(b)

added 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

added

added 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)

added 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)

added An accounting of the funding each Department has obligated towards suicide prevention related research.

(3)

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

(4)

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

(5)

added 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)

added 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

added

(a)

added 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)

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

(1)

added 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)

added 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)

added 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)

added 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)

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

(6)

added 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)

added 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)

added 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)

added 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

added

(a)

added 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)

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

(1)

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

(2)

added 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)

added 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

added

(a)

added 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)

added 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)

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

(b)

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

(1)

added 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)

added 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)

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

(A)

added 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)

added The availability of support under such programs at facilities of the reserve components.

(C)

added Any misinformation provided to service members seeking enrollment.

(4)

added With respect to the Exceptional Family Member program—

(A)

added 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)

added 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)

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

(5)

added 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)

added Recommendations on improvements to such programs with respect to the reserve components.

(c)

added 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

added

added 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

added

added 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

added

added 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

added

added 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)

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

(2)

added the number and percent of such contracts for each such fiscal year that were—

(A)

added protested and the protest was upheld;

(B)

added standard professional services contracts;

(C)

added issued as a direct award;

(D)

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

(E)

added awarded to the following:

(i)

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

(ii)

added Qualified HUBZone small business concerns.

(iii)

added Small business concerns owned and controlled by service-disabled veterans.

(iv)

added 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. 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.

(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.

(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)

added The term “behavioral health provider” includes the following:

(A)

added A licensed professional counselor.

(B)

added A licensed mental health counselor.

(C)

added A licensed clinical professional counselor.

(D)

added A licensed professional clinical counselor of mental health.

(E)

added A licensed clinical mental health counselor.

(F)

added A licensed mental health practitioner.

(3)

renumbered was (3)(4) The term “covered civilian behavioral health provider” means a civilian behavioral health provider whose employment by the Secretary of Defense involves the provision of behavioral health services at a military medical treatment facility.

(4)

renumbered was (3)(5) The term “civilian behavioral health provider” means a behavioral health provider who is a civilian employee of the Department of Defense.

(5)

renumbered was (3)(6) The term “military medical treatment facility” means a facility specified in section 1073d of such title.

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

added

(a)

added 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)

added 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.

(c)

added Eligible entities— The Secretary may award a grant under this section to any of the following:

(1)

added A department or agency of the Federal Government or a State government.

(2)

added An academic institution.

(3)

added A nonprofit entity.

(d)

added Use of grant funds— A recipient of a grant awarded under this section may use the grant to—

(1)

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

(A)

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

(B)

added use individual or group therapy assisted by covered psychedelic substances; or

(2)

added 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)

added 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)

added 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)

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

(f)

added 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)

added Definitions— In this section:

(1)

added The term covered psychedelic substances means any of the following:

(A)

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

(B)

added Psilocybin.

(C)

added Ibogaine.

(D)

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

(2)

added 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

added

(a)

added Telehealth pilot program on sexual health—

(1)

added 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)

added 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)

added Applications—

(A)

added 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)

added Online accessibility— Any application form under subparagraph (A) shall be accessible online.

(4)

added 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)

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

(B)

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

(i)

added a description of the limited provider availability upon which the Director has based such determination;

(ii)

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

(iii)

added an estimated timeline for lifting the cap established.

(5)

added Telehealth screenings—

(A)

added 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)

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

(ii)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added The average wait time for screenings under the telehealth pilot program.

(C)

added Any effect of the telehealth pilot program with respect to the Defense Health Agency.

(D)

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

(b)

added Pilot program on required sexual health screenings—

(1)

added 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)

added Sexual health screenings—

(A)

added 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)

added 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)

added 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)

added Confidentiality—

(A)

added 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)

added Any individual in the chain of command of the covered member.

(ii)

added The primary health care provider for the unit of the covered member.

(B)

added 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)

added 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)

added 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)

added 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.

(c)

added Definitions— In this section:

(1)

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

(2)

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

(3)

added 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

added

(a)

added 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)

added 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

added

(a)

added 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)

added 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

added

(a)

added 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)

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

(2)

added has not already received a psychological evaluation with respect to such service.

(b)

added 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)

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

(2)

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

(c)

added 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)

added under subsection (a); or

(2)

added 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

added

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

(1)

added 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)

added make updates to such information as may be necessary; and

(3)

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

Sec. 788 Funding for post-traumatic stress disorder

added

(a)

added 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)

added 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

added

(a)

added In general— The Office of Health of the Department of Defense shall work in collaboration with the National Institutes of Health to—

(1)

added identify specific genetic and molecular targets and biomarkers for triple negative breast cancer; and

(2)

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

(A)

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

(B)

added the development of multiple targeted therapies for the disease.

(b)

added 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)

added 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

added

(a)

added 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)

added 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.

(c)

added Elements— The pilot program under subsection (a) shall include the following activities:

(1)

added 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)

added The provision to the unit of health-related testing.

(3)

added The provision to the unit of dietary supplements.

(d)

added Implementing partner—

(1)

added 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)

added Considerations— In selecting the contractor under paragraph (1), the Secretary shall consider the following:

(A)

added 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)

added 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)

added 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)

added 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)

added Whether the contractor implements a stability testing program that supports product expiration dating.

(F)

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

(G)

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

(H)

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

(e)

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

(1)

added Command, training, and medical officers and noncommissioned officers.

(2)

added 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)

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

(g)

added 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

added

added The Secretary of Defense shall disseminate guidance on—

(1)

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

(2)

added implementation of protocols through the TRICARE Program for—

(A)

added routine assessment of intimate partner violence and sexual assault; and

(B)

added promotion and strategies for trauma-informed care plans.

Sec. 809 Preference for offerors that meet certain requirements

added

(a)

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

added “3310. Preference for offerors that meet certain requirements

added “(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:

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

added “(A) with a labor organization;

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

added “(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

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

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

added “(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.

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

added “(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.

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

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

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

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

added “(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.).

added “(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)

added 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:

(c)

added 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. 822 Require full domestic production of flags of the United States acquired by the Department of Defense

added

(a)

added In general— Section 4862 of title 10, United States Code, is amended—

(1)

added in subsection (a), by inserting “and in subsection (l)” after “subsections (c) through (h)”; and

(2)

added by adding at the end the following new subsection:

added “(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—

added “(1) in the United States; and

added “(2) from articles, materials, and supplies grown, mined, produced, or manufactured in the United States.”

(b)

added 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

added

added Section 3791 of title 10, United States Code, is amended by adding at the end the following new subsection:

added “(c) Guidelines and resources

added “(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—

added “(A) model forms for specially negotiated licenses described under section 3774(c) of this title (as appropriate); and

added “(B) an identification of definitions, key terms, examples, and case studies that resolve ambiguities in the differences between—

added “(i) detailed manufacturing and process data;

added “(ii) form, fit, and function data; and

added “(iii) data required for operations, maintenance, installation, and training.

added “(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

added

(a)

added Defense contracts— Section 4657 of title 10, United States Code, is amended—

(1)

added by amending subsection (b) to read as follows:

added “(b) Compliance

added “(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).

added “(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).”

(2)

added in subsection (c)—

(A)

added in paragraph (1)—

(i)

added 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)

added in subparagraph (C), by striking “warning” and inserting “notice”; and

(B)

added in paragraph (2)—

(i)

added 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)

added by inserting “as may be necessary” after “Federal agencies”; and

(iii)

added by striking subparagraph (C) and inserting the following:

added “(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)

added Civilian agency contracts— Section 4714(b) of title 41, United States Code, is amended—

(1)

added by amending subsection (b) to read as follows:

added “(b) Compliance

added “(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).

added “(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).”

(2)

added in subsection (c)—

(A)

added in paragraph (1)—

(i)

added by striking “head of an executive agency” and inserting “Secretary of Labor”;

(ii)

added 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)

added by striking “such head” and inserting “the Secretary of Labor”; and

(iv)

added in subparagraph (C), by striking “warning” and inserting “notice”; and

(B)

added in paragraph (2)—

(i)

added by striking “head of an executive agency” and inserting “Secretary of Labor”;

(ii)

added 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)

added by striking “such head” and inserting “the Secretary of Labor”;

(iv)

added by inserting “as may be necessary” after “Federal agencies”; and

(v)

added by striking subparagraph (C) and inserting the following:

added “(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).”

(c)

added 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

added

(a)

added 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)

added 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:

added “(1) General duties—The Commission shall study the following matters:

added “(A) Federal agency contracting funded by overseas contingency operations funds.

added “(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.

added “(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)

added Conforming amendments— Section 841 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 230) is amended—

(1)

added in subsection (b)—

(A)

added 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)

added 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)

added 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)

added 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. 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)

changed 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. 845 Other transaction authority clarification

added

added Section 4022 of title 10, United States Code, is amended—

(1)

added in subsection (a)(1)—

(A)

added by striking “military personnel and the supporting” and inserting “personnel of the Department of Defense or improving”; and

(B)

added by striking “or materials in use” and inserting “materials, or installations in use”; and

(2)

added in subsection (e), by adding at the end the following new paragraph:

added “(3) The term “prototype project” means a project that addresses—

added “(A) a proof of concept, model, or process, including a business process;

added “(B) reverse engineering to address obsolescence;

added “(C) a pilot or novel application of commercial technologies for defense purposes;

added “(D) agile development activity, creation, design, development, or demonstration of operational utility; or

added “(E) any combination of subparagraphs (A) through (D).”

Sec. 846 Existing agreement limits for Operation Warp Speed

added

(a)

added 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)

added 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)

added until the limit described in subsection (a) has been reached;

(2)

added until the term of the award described in subsection (a) has expired; or

(3)

added unless such follow-on contract, agreement, or grant is made accordance with the terms and conditions of the award described in subsection (a).

(c)

added 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. 859 Review of advances in domestic production of carbon fiber

added

(a)

added 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)

added an examination of the access to domestically produced carbon fiber to meet the requirements of the Department; and

(2)

added a review of developments in advanced carbon fiber production processes that can—

(A)

added lower embedded energy consumption and improve sustainability;

(B)

added enable scalable production of carbon fiber and lower production costs; and

(C)

added enhance competition and resilience in the United States industrial base.

(b)

added 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

added

added 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

added

(a)

added 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:

added “(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)

added 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

added

(a)

added 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)

added by striking paragraphs (1), (6), and (7);

(2)

added by redesignating paragraph (2), (3), and (4) as paragraphs (1), (2), and (3), respectively;

(3)

added by redesignating paragraph (8) as paragraph (6);

(4)

added 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)

added in paragraph (2) (as so redesignated)—

(A)

added in the matter preceding subparagraph (A)—

(i)

added by striking “developed under paragraph (1)”; and

(ii)

added by inserting “and Governmentwide” after “each Federal agency”; and

(B)

added 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)

added in paragraph (3) (as so redesignated)—

(A)

added in subparagraph (A), by striking “paragraph (3)(A)” and inserting “paragraph (2)(A)”; and

(B)

added in subparagraph (B), by striking “paragraph (3)” and inserting “paragraph (2)”;

(7)

added by inserting after paragraph (3) (as so redesignated) the following new paragraph:

added “(4) Additional requirements for scorecards—The scorecard shall include, for each Federal agency and Governmentwide, the following information with respect to prime contracts:

added “(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).

added “(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).

added “(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.

added “(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)

added 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)

added by amending paragraph (6) (as so redesignated) to read as follows:

added “(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—

added “(A) includes the measures described in paragraph (2); and

added “(B) assigns a score to each Federal agency evaluated.”

(b)

added 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

added

(a)

added 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:

added “(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.

added “(E) Information required for granted waivers—A waiver granted under subparagraph (B)(iv)(I) shall include the following information:

added “(i) The date on which the waiver terminates.

added “(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).

added “(iii) The total dollar value of the products that are subject to the waiver.

added “(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.

added “(v) A list of actions taken by the contracting Federal agency for which a new such determination shall be required, including—

added “(I) modifications to the scope of the contract for which the waiver was granted; and

added “(II) modifications to the contract type of such contract.

added “(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)

added 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

added

(a)

added 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)

added Report—

(1)

added 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)

added 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.

(c)

added Definitions— In this section:

(1)

added Country of origin— The term country of origin means the country, other than the United States—

(A)

added in which a foreign-based small business concern is headquartered;

(B)

added 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)

added 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)

added Foreign-based small business concern— The term foreign-based small business concern means a small business concern—

(A)

added that is headquartered in a country other than the United States; or

(B)

added 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)

added 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)

added loans, whether directly or indirectly made;

(B)

added grants; and

(C)

added contracting preferences.

(4)

added 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

added

(a)

added 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)

added 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)

added Elements— The Under Secretary of Defense for Acquisition and Sustainment shall include in the report required by subsection (b) the following:

(1)

added 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)

added An evaluation of the benefits of a robust domestic supply chain for strategic and critical materials.

(3)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added Form— The report required in subsection (b) shall be submitted in unclassified form but may include a classified annex.

(e)

added 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

added

(a)

added 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)

added 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)

added 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)

added Examples of successful cross border integration under the national technology and industrial base that has enhanced national security and reduced barriers to collaboration.

(3)

added Recommendations for improving the integration of the national technology and industrial base.

Sec. 859H Sense of Congress on modernizing defense supply chain management

added

(a)

added Findings— Congress finds the following:

(1)

added 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)

added 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)

added 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

added

(a)

added Prohibition—

(1)

added In general— The Secretary of Defense, each Secretary of a military department, and a defense contractor may not use LOGINK.

(2)

added Applicability— With respect to defense contractors, the prohibition in subsection (a) shall apply—

(A)

added with respect to any contract of the Department of Defense entered into on or after the date of the enactment of this section;

(B)

added with respect to the use of LOGINK in the performance of such contract.

(b)

added Contracting prohibition—

(1)

added 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)

added 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)

added Applicability— This subsection applies with respect to any contract entered into on or after the date of the enactment of this section.

(c)

added 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

added

(a)

added 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)

added the aggregate funding amount for Phase III awards in relevant program offices, as selected by the each Secretary of a military department;

(2)

added the change in Phase III funding during the period covered by the report such selected program offices;

(3)

added the number of SBIR awards made by such selected program offices in under 180 days during the period covered by the report; and

(4)

added 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)

added 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

added

(a)

added 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)

added 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.

(c)

added Covered small business concern defined—

(1)

added 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)

added 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)

added was not terminated or early graduated from such program during such period; and

(C)

added 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

added

added Section 15(p) of the Small Business Act (15 U.S.C. 644(p)) is amended—

(1)

added by amending paragraph (1) to read as follows:

added “(1) Definitions—In this subsection:

added “(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)).

added “(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)

added in paragraph (4)—

(A)

added in the heading, by inserting “and consolidation” after “bundling”;

(B)

added in subparagraph (A), by inserting “and consolidation” after “contract bundling”; and

(C)

added in subparagraph (B)—

(i)

added in clause (i), by inserting “or consolidated” after “of bundled”; and

(ii)

added in clause (ii)—

(I)

added in the matter preceding subclause (I), by inserting “or consolidated” after “previously bundled”;

(II)

added in subclause (I), by inserting “or consolidated” after “were bundled”; and

(III)

added in subclause (II)—

(aa)

added by inserting “or consolidated” after “to each bundled”;

(bb)

added in item (aa), by inserting “or consolidation” after “the bundling”;

(cc)

added in item (bb), by inserting “or consolidating” after “by bundling”;

(dd)

added in item (cc), by inserting “or consolidated” after “the bundled”;

(ee)

added in item (dd), by inserting “or consolidating” after “the bundling”; and

(ff)

added in item (ee)—

(AA)

added by inserting “or consolidating” after “the bundling”; and

(BB)

added by inserting “bundled or” after “as prime contractors for the”; and

(3)

added 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

added

(a)

added 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:

added “(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:

added “(A) The total number of concerns certified as small business concerns owned and controlled by women, disaggregated by the number of concerns certified by—

added “(i) the Administrator; or

added “(ii) a national certifying entity approved by the Administrator.

added “(B) The amount of fees, if any, charged by each national certifying entity for such certification.

added “(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).

added “(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).

added “(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—

added “(i) the number of such contracts;

added “(ii) the Federal agencies that issued such contracts; and

added “(iii) any steps taken by Administrator to train the personnel of such Federal agency on the use of the authority provided under this subsection.

added “(F) With respect to an examination described in paragraph (5)(B)—

added “(i) the number of examinations due because of recertification requirements and the actual number of such examinations conducted; and

added “(ii) the number of examinations conducted for any other reason.

added “(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).

added “(H) The number of small business concerns owned and controlled by women that were decertified.

added “(I) Any other information the Administrator determines necessary.”

(b)

added 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

added

(a)

added 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)

added 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)

added the Administrator of the Small Business Administration, in consultation with the Administrator for Federal Procurement Policy, shall promulgate regulations; and

(2)

added the Federal Acquisition Regulatory Council established under section 1302(a) of title 41, United States Code, shall amend the Federal Acquisition Regulation.

Sec. 867 GAO report on Department of Defense contract financing and commercial best practices

added

(a)

added Findings— Congress finds as follows:

(1)

added 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)

added The Department of Defense has commissioned an independent study to evaluate—

(A)

added free cash flow in the defense sector;

(B)

added impacts to cash flow depending on contract type and financing;

(C)

added financing and its impact on small businesses; and

(D)

added the government accounting system requirements for contractors.

(b)

added 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

added

(a)

added 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)

added Exceptions— The Secretary of Defense may enter into a contract with a employer described in subsection (a) if—

(1)

added 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)

added

(A)

added each employee of such employer is represented by a labor organization for the purposes of collective bargaining; and

(B)

added such labor organization certifies to the Secretary that the employer—

(i)

added 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)

added 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)

added 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)

added 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

added

(a)

added 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)

added by striking “$7,000,000” and inserting “$10,000,000”; and

(2)

added by striking “$3,000,000” and inserting “$8,000,000”.

(b)

added 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)

added in paragraph (7)(B)—

(A)

added in clause (i), by striking “$7,000,000” and inserting “$10,000,000”; and

(B)

added in clause (ii), by striking “$4,000,000” and inserting “$8,000,000”; and

(2)

added in paragraph (8)(B)—

(A)

added in clause (i), by striking “$7,000,000” and inserting “$10,000,000”; and

(B)

added in clause (ii), by striking “$4,000,000” and inserting “$8,000,000”.

(c)

added 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)

added in subclause (I), by striking “$7,000,000” and inserting “$10,000,000”; and

(2)

added in subclause (II), by striking “$3,000,000” and inserting “$8,000,000”.

(d)

added 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)

added in subparagraph (A), by striking “$7,000,000” and inserting “$10,000,000”; and

(2)

added in subparagraph (B), by striking “$3,000,000” and inserting “$8,000,000”.

(e)

added 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

added

(a)

added In general— Section 15 of the Small Business Act (15 U.S.C. 644) is amended—

(1)

added by redesignating subsection (x) as subsection (y); and

(2)

added by inserting after subsection (w) the following new subsection:

added “(x) Interim partial payments for equitable adjustments to construction contracts

added “(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—

added “(A) be timely made pursuant to the terms of the contract; and

added “(B) specify the estimated amount required to cover additional costs resulting from such change in the terms.

added “(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).

added “(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.

added “(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)

added 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)

added The first day of the first full fiscal year beginning after the date of the enactment of this Act.

(2)

added October 1, 2024.

Sec. 871 Manufacturing of insulin

added

(a)

added 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)

added select one or more Government-owned, contractor-operated facilities to manufacture insulin;

(2)

added use existing pharmaceutical manufacturing facilities of the Department of Defense to produce insulin; or

(3)

added establish new pharmaceutical manufacturing facilities to produce insulin.

(b)

added 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

added

(a)

added 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)

added Contents— The plan submitted under subsection (a) shall include the following:

(1)

added 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)

added 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)

added 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)

added A strategy of United States-based rubber industry partners and component manufacturers for collaboration, codevelopment, and joint interest.

(5)

added 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

added

(a)

added Authorities—

(1)

added 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)

added 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)

added 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)

added Processes to monitor and mitigate risks to the defense industrial base.

(C)

added Processes to improve coordination by the military departments and other elements of the Department of Defense to carry out subparagraphs (A) and (B).

(b)

added 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.

(c)

added Definitions— In this section:

(1)

added The term “appropriate U.S. company” means—

(A)

added a nontraditional defense contractor, as defined in section 3014 of title 10, United States Code; or

(B)

added 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)

added The term “commercial product” has the meaning given in section 3011 of title 10, United States Code.

(3)

added The term “dual-use” has the meaning given in section 4801 of title 10, United States Code.

(4)

added The term “critical technology” means a technology identified as critical by the Secretary of Defense, which shall include—

(A)

added biotechnology;

(B)

added quantum science;

(C)

added advanced materials;

(D)

added artificial intelligence and machine learning;

(E)

added microelectronics;

(F)

added space technology;

(G)

added advanced computing and software;

(H)

added hypersonics;

(I)

added integrated sensing and cyber;

(J)

added autonomous systems;

(K)

added unmanned systems;

(L)

added advanced sensing systems; and

(M)

added advanced communications systems.

Sec. 874 Duties of small business development center counselors

added

added Section 21 of the Small Business Act (15 U.S.C. 648) is amended by adding at the end the following:

added “(o) Cyber strategy training for small business development centers

added “(1) Definitions—In this subsection—

added “(A) the term “cyber strategy” means resources and tactics to assist in planning for cybersecurity and defending against cyber risks and cyber attacks; and

added “(B) the term “lead small business development center” means a small business development center that has received a grant from the Administration.

added “(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.

added “(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—

added “(A) 5; or

added “(B) 10 percent of the total number of employees of the lead small business development center.

added “(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).

added “(5) Reimbursement for certification

added “(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).

added “(B) Limitation—The total amount reimbursed by the Administrator under subparagraph (A) may not exceed $350,000 in any fiscal year.”

Sec. 917 Sense of Congress on the Electromagnetic Spectrum Superiority Strategy

added

added It is the sense of Congress that—

(1)

added the Department of Defense released the Electromagnetic Spectrum Superiority Strategy (October 2020) and an Implementation Plan for such strategy (August 2021);

(2)

added 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)

added 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)

added electromagnetic spectrum superiority underpins each of the four priorities of the 2022 National Defense Strategy of the Department of Defense;

(5)

added 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)

added 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)

added the Secretary of Defense—

(A)

added 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)

added as part of implementing the Electromagnetic Spectrum Superiority Strategy, should—

(i)

added strengthen governance reforms to ensure necessary senior operational leadership; and

(ii)

added 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)

changed in which the Space Force ~~operates;~~ 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)

changed in which the Space Force ~~operates;~~ operates or where there are significant space launch or mission control facilities; and

(2)

active and inactive.

Sec. 1003 Sense of Congress relating to enlisted personnel subsistence

added

added 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

added

added 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

added

added 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. 1032 Briefing on fielding of SPEIR on all surface combatant vessels

added

added 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

added

(a)

added 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)

added Matters for inclusion— The report required by subsection (a) shall include each of the following:

(1)

added An analysis plan for the MAC-MO strategy.

(2)

added Lessons learned from the MAC-MO strategy implementation.

(3)

added A description of the effects of competition opportunities following the shift to MAC-MO.

(4)

added 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)

added An assessment of current perform-to-plan metrics and how such metrics have influenced ongoing contracting processes.

(6)

added An assessment of MAC-MO strategy on ship maintenance availabilities.

(7)

added An assessment of ship maintenance workload predictability under the MAC-MO strategy.

(8)

added An identification of any planned changes to account for schedule delays.

(9)

added 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

added

(a)

added 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)

added 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

added

added Section 8669a of title 10, United States Code, is amended by adding at the end the following new subsection:

added “(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. 1036 Report on threat posed by domestic terrorists

added

(a)

added 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)

added Elements— The report under subsection (a) shall—

(1)

added describe the manner in which domestic terror activity is tracked and reported;

(2)

added 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)

added include a breakdown of the ideology of each group; and

(4)

added 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.

(c)

added Officials specified— The officials specified in this subsection are the following:

(1)

added The Director of the Federal Bureau of Investigation

(2)

added The Under Secretary of Homeland Security for Intelligence and Analysis.

(3)

added The Director of National Intelligence.

Sec. 1037 Consideration of human rights records of recipients of support of special operations to combat terrorism

added

added Section 127e of title 10, United States Code, is amended—

(1)

added in subsection (c)(2) by adding at the end of the following new subparagraph—

added “(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)

added in subsection (d)(2)—

(A)

added 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)

added in subparagraph (I)—

(i)

added 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)

added by adding at the end the following new clauses:

added “(i) vetting units receiving such support for violations of human rights;

added “(ii) providing human rights training to units receiving such support; and

added “(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.”

(C)

added by adding at the end the following new subparagraph:

added “(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)

added in subsection (i)(3) by adding at the end the following new subparagraph:

added “(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.”

(4)

added by adding at the end the following new subsections:

added “(j) Prohibition on use of funds

added “(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.

added “(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.

added “(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—

added “(A) the government of such country has taken all necessary corrective steps; or

added “(B) the support is necessary to assist in disaster relief operations or other humanitarian or national security emergencies.

added “(k) Savings clause—Nothing in this section shall be construed to constitute a specific statutory authorization for any of the following:

added “(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).

added “(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.

added “(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.

added “(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

added

added Section 1202 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1639) is amended—

(1)

added in subsection (c)(2), by adding at the end of the following new subparagraph:

added “(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)

added in subsection (d)(2) of such section—

(A)

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

(B)

added by inserting after subparagraph (F) the following new subparagraph (G):

added “(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)

added in subsection (h)(3), by adding at the end the following new subparagraph:

added “(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)

added by redesignating subsection (i) as subsection (j); and

(5)

added by inserting after subsection (h) the following new subsection (i):

added “(i) Prohibition on use of funds

added “(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.

added “(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.

added “(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—

added “(A) the government of such country has taken all necessary corrective steps; or

added “(B) the support is necessary to assist in disaster relief operations or other humanitarian or national security emergencies.”

Sec. 1051 Prohibition on use of funds for aerial fumigation in Colombia

added

added 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

added

(a)

added 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)

added 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. 1079A Report on Department of Defense practices regarding distinction between combatants and civilians in United States military operations

added

(a)

added 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)

added Elements— The report required under subsection (a) shall include the following matters:

(1)

added 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)

added relevant policy and legal standards and how these standards were implemented in practice;

(B)

added target engagement criteria; and

(C)

added whether military-aged males were presumptively targetable.

(2)

added 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)

added relevant policy and legal standards and the factual indicators these standards were applied to in assessing claims of civilian casualties; and

(B)

added any other matters the Secretary of Defense determines appropriate.

(c)

added 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)

added 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

added

(a)

added Sense of Congress— It is the sense of Congress that—

(1)

added efforts by the Armed Forces to ensure diversity among the force are commendable;

(2)

added 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)

added 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)

added 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)

added recruitment advertising within minority communities is an important avenue toward building interest and understanding in serving the United States in uniform; and

(6)

added the Armed Forces and the Department of Defense should maintain a commitment to diversity recruiting and retention.

(b)

added 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

added

added 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:

added “(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—

added “(1) the costs of building, maintaining, staffing and operating all overseas military bases and installations;

added “(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;

added “(3) the costs paid to contractors providing goods and services in support of overseas military bases, installations, and operations;

added “(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;

added “(5) the costs of all overseas military exercises involving United States Armed Forces; and

added “(6) the costs of all military training and assistance provided by the United States to overseas partner forces.

added “(d) Display of information—The information required to be posted under subsections (a) and (c) shall—

added “(1) be posted directly on the website of the Department of Defense, in an accessible and clear format;

added “(2) include corresponding documentation as links or attachments; and—

added “(3) include, for each overseas operation—

added “(A) both the total cost to each taxpayer, and the cost to each taxpayer for each fiscal year, of conducting the overseas operation;

added “(B) a list of countries where the overseas operations have taken place; and

added “(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

added

(a)

added 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)

added 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

added

(a)

added 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)

added a strategy to improve the engagement efforts of the military with the local community in the State of Hawaii; and

(2)

added 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)

added 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

added

(a)

added 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)

added Contents of report— The report required under subsection (a) shall include, at a minimum, the following:

(1)

added Plans for conducting education and training programs relating to consultation and engagement with the Native Hawaiian community, including—

(A)

added outreach activities for fiscal years 2023 and 2024; and

(B)

added 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)

added 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)

added 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)

added A timeline for issuing the next update or successor document to Department of Defense Instruction 4710.03.

(5)

added 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

added

(a)

added 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)

added 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)

added The adequacy of the cost estimate guidance and methodology used by the Navy.

(2)

added The estimated long-term cost and maintenance availability time savings offered from the specific, major proposed facility and equipment improvements.

(3)

added The methodology of the Navy for prioritizing the proposed facility and equipment improvements beyond their expected service lives.

(4)

added 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)

added 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)

added 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)

added Recommendations for improving the Shipyard Infrastructure Optimization Program based on the results of the analysis.

(c)

added 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)

added 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

added

(a)

added Study required—

(1)

added 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)

added Elements— The study required under paragraph (1) shall address—

(A)

added the extent to which the Department of Defense—

(i)

added collects and tracks data on its use of single-use plastics; and

(ii)

added has set targets for reducing the use of such plastics;

(B)

added 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;

(C)

added any Department-wide or military service-specific initiatives to reduce reliance on single use plastics;

(D)

added any challenges that the Department faces in reducing its reliance on single-use plastics and possible mechanisms to address those challenges;

(E)

added any recommendations to improve the Department’s efforts to reduce single-use plastics; and

(F)

added any other matter the Comptroller General determines is significant and relevant to the purposes of the study.

(b)

added 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)

added 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

added

(a)

added 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)

added Matters for inclusion— The report required under subsection (a) shall include each of the following:

(1)

added 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)

added 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)

added A review of achievable, effective, and suitable capabilities supporting technical architectures to collect, store, manage, and disseminate information collected by LEON sensors.

(c)

added 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

added

(a)

added Joint assessment and plan—

(1)

added 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)

added 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)

added key system upgrades needed to improve observation quality and utility for weather forecasting, aviation safety, and other users;

(ii)

added improvements needed in observations within the planetary boundary layer, including mixing height;

(iii)

added improvements needed in public accessibility of observational data;

(iv)

added improvements needed to reduce latency in reporting of observational data;

(v)

added 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)

added 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)

added stewardship, data handling, data distribution, and product generation needs arising from upgrading and changing the automated surface observation systems;

(viii)

added 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)

added 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)

added 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)

added Standardization— Any system standardization implemented under paragraph (1)(B) shall not impede activities to upgrade or improve individual units of the system.

(3)

added 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)

added Report to Congress—

(1)

added 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)

added details the findings of the assessment required by subparagraph (A) of subsection (a)(1); and

(B)

added the plan required by subparagraph (B) of such subsection.

(2)

added Elements— The report required by paragraph (1) shall include a detailed assessment of appropriations required—

(A)

added to address the findings of the assessment required by subparagraph (A) of subsection (a)(1); and

(B)

added to implement the plan required by subparagraph (B) of such subsection.

(c)

added 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)

added 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)

added evaluates the progress, performance, and implementation of the plan required by subsection (a)(1)(B);

(3)

added assesses the efficacy of cross-agency collaboration and stakeholder engagement in carrying out the plan and provides recommendations to improve such activities;

(4)

added 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)

added 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)

added includes such other recommendations as the Comptroller General determines are appropriate to improve the system.

(d)

added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means the following:

(1)

added The Committee on Armed Services of the House of Representatives.

(2)

added The Committee on Armed Services of the Senate.

(3)

added The Committee on Transportation and Infrastructure of the House of Representatives.

(4)

added The Committee on Commerce, Science, and Transportation of the Senate.

(5)

added 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

added

(a)

added 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)

added 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)

added the threat posed to the national security of the United States by the online radicalization of terrorists and violent extremists.

(b)

added Appropriate congressional committees— In this section, the appropriate congressional committees are—

(1)

added the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives; and

(2)

added 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

added

added 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

added

added 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

added

(a)

added 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)

added Elements— The report required by subsection (a) shall include the following:

(1)

added 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)

added 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)

added improve surveillance capabilities and maximize the effectiveness of counter-trafficking operations in the Caribbean region;

(C)

added 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)

added 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)

added increase supply chain resiliency and near-shoring in global trade; and

(F)

added 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)

added 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)

added 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

added

added Chapter 9 of title 10, United States Code, is amended by inserting after section 222c the following new section:

added “222d. Unfunded priorities of Defense POW/MIA Accounting Agency: annual report

added “(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.

added “(b) Elements

added “(1) Each report under subsection (a) shall specify, for each unfunded priority covered by such report, the following:

added “(A) A summary description of such priority, including the objectives to be achieved if such priority is funded (whether in whole or in part).

added “(B) The additional amount of funds recommended in connection with the objectives under subparagraph (A).

added “(C) Account information with respect to such priority, including the following (as applicable):

added “(i) Line Item Number (LIN) for applicable procurement accounts.

added “(ii) Program Element (PE) number for applicable research, development, test, and evaluation accounts.

added “(iii) Sub-activity group (SAG) for applicable operation and maintenance accounts.

added “(2) Each report under subsection (a) shall present the unfunded priorities covered by such report in order of urgency of priority.

added “(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—

added “(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;

added “(2) is necessary to fulfill a requirement associated with an operational or contingency plan of a combatant command or other validated requirement; and

added “(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

added

added 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)

added 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)

added 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

added

(a)

added 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)

added a detailed description of the threat of aerial drones and unmanned aircraft to United States national security; and

(2)

added 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)

added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means the following:

(1)

added The Committee on Armed Services, the Committee on Commerce, Science, and Transportation, and the Committee on Foreign Relations of the Senate.

(2)

added 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

added

added 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

added

added 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. 1097 Availability of information regarding procurement of equipment by State and local governments through the Department of Defense

added

added Section 281 of title 10, United States Code, is amended—

(1)

added by redesignating subsection (d) as subsection (e); and

(2)

added by inserting after subsection (f) the following new subsection:

added “(d) Availability of information

added “(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.

added “(2) The information required to be made publicly available under paragraph (1) includes all unclassified information pertaining to such purchases, including—

added “(A) the catalog of equipment available for purchase under subsection (c);

added “(B) for each purchase of equipment under the procedures established under subsection (a)—

added “(i) the recipient State or unit of local government;

added “(ii) the purpose of the purchase;

added “(iii) the type of equipment;

added “(iv) the cost of the equipment; and

added “(v) the administrative costs under subsection (b); and

added “(C) other information the Secretary determines is necessary.

added “(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

added

(a)

added 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)

added 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)

added obtaining in exchange for anything of value any covered records; and

(B)

added intentionally retaining or intentionally using such covered records; and

(2)

added for each covered entity identified pursuant to paragraph (1), identifies—

(A)

added each category of covered record the covered entity, without a court order, is obtaining or obtained, in exchange for anything of value;

(B)

added whether the covered entity intentionally retained or is intentionally retaining each category of covered records pursuant to subparagraph (A);

(C)

added whether the covered entity intentionally uses or used each category of covered records identified pursuant to subparagraph (A); and

(D)

added whether such obtaining, retention, and use ceased before the date of the enactment of this Act or is ongoing.

(b)

added Form— The report submitted under subsection (a) shall be submitted in unclassified form.

(c)

added 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)

added Definitions— In this section:

(1)

added The term covered entities means the Defense Agencies, Department of Defense activities, and components of the Department that—

(A)

added are under the authority, direction, and control of the Under Secretary of Defense for Intelligence and Security; or

(B)

added over which the Under Secretary exercises planning, policy, funding, or strategic oversight authority.

(2)

added The term covered records includes the following:

(A)

added Location data generated by phones that are likely to be located in the United States.

(B)

added Domestic phone call records.

(C)

added International phone call records.

(D)

added Domestic text message records.

(E)

added International text message records.

(F)

added Domestic netflow records.

(G)

added International netflow records.

(H)

added Domestic Domain Name System records.

(I)

added International Domain Name System records.

(J)

added Other types of domestic internet metadata.

(K)

added Other types of international internet metadata.

(3)

added 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)

added

(A)

added 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)

added 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)

added 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)

added

(A)

added Except as provided in subparagraph (B), the term retain means the storage of a covered record.

(B)

added 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)

added

(A)

added Except as provided in subparagraph (B), the term use, with respect to a covered record, includes analyzing, processing, or sharing the covered record.

(B)

added 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

added

(a)

added 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)

added Planning and preparation— A tabletop exercise under this section shall be prepared by Department of Defense personnel.

(c)

added 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)

added International partners— The Secretary may invite allies and partners of the United States to participate in a tabletop exercise under this section.

(e)

added 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)

added 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)

added Elements— A tabletop exercise under this section shall be designed to evaluate the following elements:

(1)

added The Federal Government response across all elements of national power to an invasion of a covered defense partner.

(2)

added The ability of the United States covered Armed Forces, alongside allied and partner militaries, to defeat an invasion of a covered defense partner.

(3)

added 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)

added The ability of the United States to coordinate an effective international public and private sector response.

(h)

added Briefing—

(1)

added 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)

added Contents— A briefing under paragraph (1) shall include—

(A)

added an assessment of the decision-making, capability, and response gaps observed in the tabletop exercise;

(B)

added 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)

added 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)

added appropriate strategies to address the recommendations identified in subparagraphs (B) and (C).

(i)

added Definitions— In this section:

(1)

added The term “appropriate congressional committees” means—

(A)

added the Committee on Armed Services and the Committee on Oversight and Reform of the House of Representatives; and

(B)

added the Committee on Armed Services and the Committee on Homeland Security and Government Affairs of the Senate.

(2)

added The term “covered Armed Force” means—

(A)

added The Army.

(B)

added The Navy.

(C)

added The Marine Corps.

(D)

added The Air Force.

(E)

added The Space Force.

(3)

added The term “covered defense partner” means a country that is—

(A)

added identified as a partner in the document entitled “Department of Defense Indo-Pacific Strategy Report” issued on June 1, 2019; and

(B)

added located within 100 miles of the coast of a strategic competitor.

(4)

added The term “tabletop exercise” means an activity—

(A)

added in which key personnel assigned high-level roles and responsibilities are gathered to deliberate various simulated emergency or rapid response situations; and

(B)

added 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

added

added 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

added

(a)

added 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)

added Scope—

(1)

added In general— The scope of the risk-based survey developed under subsection (a) shall be determined by the Secretary.

(2)

added Specific elements— At a minimum the scope determined under paragraph (1) shall include the following:

(A)

added Rapid increase or decrease in enrollment.

(B)

added Rapid increase in tuition and fees.

(C)

added Complaints tracked and published from students pursuing programs of education, based on severity or volume of the complaints.

(D)

added Student completion rates.

(E)

added Indicators of financial stability.

(F)

added Review of the advertising and recruiting practices of the educational institution, including those by third-party contractors of the educational institution.

(G)

added 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.

(c)

added Action or event—

(1)

added 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)

added Action or event described— An action or event described in this paragraph is any of the following:

(A)

added 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)

added 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.

(C)

added Punitive action taken by a State against an educational institution.

(D)

added 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)

added The placement of an educational institution on provisional certification status by the Secretary of Education.

(d)

added 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)

added 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

added

added 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)

added the projected funding for military construction through fiscal year 2030;

(2)

added the projected sustainment costs associated with military infrastructure through fiscal year 2030; and

(3)

added 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

added

(a)

added 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)

added Personnel— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall do the following:

(1)

added 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)

added 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)

added Overseeing civilian harm prevention, mitigation, and response functions on behalf of the commander of such command.

(C)

added Receiving reports of harm to civilians and conducting assessments and investigations relating to such harm.

(D)

added 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)

added Offering condolences and amends for harm to civilians, including ex gratia payments.

(F)

added 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)

added Working with the Center for Excellence established under section 184 of title 10, United States Code, as added by section 1085.

(H)

added Consulting with non-governmental organizations on civilian harm and human rights matters.

(2)

added 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)

added Assign within the Joint Staff not fewer than two personnel who shall have primary responsibility for the following:

(A)

added Overseeing implementation by the components of the Department of Defense of Department policy on harm to civilians resulting from United States military operations.

(B)

added Developing and sharing in the implementation of such policy.

(C)

added Communicating operational guidance on such policy.

(c)

added Training, software, and other requirements—

(1)

added 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)

added Training related to civilian harm prevention, mitigation, and response.

(B)

added 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)

added Funds— The funds for a fiscal year specified in this subparagraph are funds as follows:

(A)

added In the case of the Secretary of Defense, amounts authorized to be appropriated for such fiscal year for operation and maintenance, Defense-wide.

(B)

added 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

added

added 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

added

(a)

added Agreement—

(1)

added 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)

added 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)

added Studies—

(1)

added 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)

added Elements— The epidemiological studies carried out under paragraph (1) and the recommendations developed under such paragraph shall include the following:

(A)

added A list of known contaminants and their locations that have been left by the Department of Defense in the communities of concern.

(B)

added For each contaminant under subparagraph (A), an epidemiological study that—

(i)

added estimates the disease burden of current and past residents of Vieques, Puerto Rico, from such contaminants;

(ii)

added incorporates historical estimates of residents’ groundwater exposure to contaminants of concern that—

(I)

added predate the completion of the water-supply pipeline in 1978;

(II)

added 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)

added consider differences between the aquifers of Vieques; and

(IV)

added consider the differences between public and private wells, and possible exposures from commercial or agricultural uses; and

(iii)

added includes estimates of current residents’ exposure to chemicals and radiation which may affect the groundwater, food, air, or soil, that—

(I)

added include current residents’ groundwater exposure in the event of the water-supply pipeline being temporarily lost; and

(II)

added 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)

added 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)

added 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)

added Any other factors the National Academies determine necessary.

(c)

added Report—

(1)

added 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)

added submit to the appropriate congressional committees a report on the findings of the National Academies under subsection (b); and

(B)

added make available to the public on a publicly accessible website a version of the report that is suitable for public viewing.

(2)

added Form— The report submitted under paragraph (1)(A) shall be submitted in unclassified form.

(d)

added Definitions— In this section:

(1)

added The term appropriate congressional committees means—

(A)

added the congressional defense committees; and

(B)

added the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.

(2)

added 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

added

added 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)

added identifying current challenges in the Program structure; and

(2)

added 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

added

(a)

added 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)

added current procurement practices of the Department of Defense regarding food for consumption or distribution on installations of the Department;

(2)

added 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)

added 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)

added 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)

added 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)

added recommendations for how the Department can improve procurement practices to increase offerings of locally and regionally produced foods.

(b)

added Appropriate committees of Congress defined— In this section, the term appropriate committees of Congress means—

(1)

added 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)

added 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

added

(a)

added 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)

added Portable heating devices that do not comply with applicable voluntary consumer product safety standards.

(2)

added Portable heating devices that do not have an automatic shutoff function.

(b)

added 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.

(c)

added Definitions— In this section:

(1)

added The term MWR retail facility has the meaning given that term in section 1063 of title 10, United States Code.

(2)

added The term portable heating device means an electric heater that—

(A)

added is intended to stand unsupported (freestanding);

(B)

added can be moved from place to place within conditioned areas in a structure;

(C)

added is connected to a nominal 120 VAC electric supply through a cord and plug;

(D)

added transfers heat by radiation, convection, or both (either natural or forced); and

(E)

added is intended for residential use.

Sec. 1099J Training and information for first responders regarding aid for victims of trauma-related injuries

added

added 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

added

added Section 1090 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) is amended—

(1)

added by inserting “(a) Publication of information.—” before “The Secretary of Defense”;

(2)

added 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)

added by adding at the end the following new subsections:

added “(b) Display of information—The information required to be posted under subsection (a) shall—

added “(1) be posted directly on the website of the Department of Defense, in an accessible and clear format;

added “(2) include corresponding documentation as links or attachments; and

added “(3) include, for each overseas contingency operation—

added “(A) both the total cost to each taxpayer, and the cost to each taxpayer for each fiscal year, of conducting the overseas contingency operation;

added “(B) a list of countries where the overseas contingency operation has taken place.

added “(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.

added “(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

added

(a)

added 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)

added A plan, developed in cooperation with relevant Federal agencies, for the Department of Defense to achieve strategic overmatch in the information environment, including—

(A)

added modifications and updates to existing policy or guidance;

(B)

added a description of impacts to future budget requests and funding priorities;

(C)

added 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)

added 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)

added 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)

added 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)

added Any other matters the Secretary of Defense determines appropriate.

(b)

added 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. 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)

changed Amount— The monthly bonus paid under paragraph (1) to an employee shall be in an amount ~~equal to~~ 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.

(2)

changed Amount— The monthly bonus paid under paragraph (1) to an employee shall be in an amount ~~equal to~~ 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 that such adjustment takes effect.

(c)

Limitations— A bonus under subsection (a) or (b)—

(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. 1109 GAO study on Federal Wage System parity with local prevailing wage rate

added

(a)

added 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)

added are employed at the four U.S. Navy public shipyards;

(2)

added 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)

added 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)

added Other requirements— Such study shall also review—

(1)

added 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)

added 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)

added 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)

added 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)

added provide recommendations to Congress, as applicable, based on the findings.

(c)

added 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)

added 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

added

added Section 1108 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—

(1)

added in subsection (a), by striking “subsection (b)” and inserting “subsection (b) or (c)”;

(2)

added in the heading for subsection (b), by striking “Positions” and inserting “Defense industrial base facility positions”;

(3)

added by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively;

(4)

added by inserting after subsection (b) the following:

added “(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.”

(5)

added by amending subsection (f) (as redesignated by paragraph (3) of this section) to read as follows:

added “(f) Definitions—In this section—

added “(1) the term “civil service” has the meaning given that term in section 2101 of title 5, United States Code;

added “(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

added “(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

added

(a)

added 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)

added Limitations— A Federal law enforcement officer may purchase a retired handgun under subsection (a) if—

(1)

added the purchase is made during the 6-month period beginning on the date the handgun was so retired;

(2)

added 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)

added with respect to such purchase, the officer is in good standing with the Federal agency that employs such officer.

(c)

added 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)

added 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)

added Definitions— In this section—

(1)

added the term Federal law enforcement officer has the meaning given that term in section 115(c)(1) of title 18, United States Code;

(2)

added the term handgun has the meaning given that term in section 921(a) of title 18, United States Code; and

(3)

added the term retired handgun means any handgun that has been declared surplus by the applicable agency.

Sec. 1112 National Digital Reserve Corps

added

(a)

added In general— Subpart I of part III of title 5, United States Code, is amended by adding at the end the following new chapter:

added “104 National Digital Reserve Corps

added “10401. Definitions

added “In this chapter:

added “(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).

added “(2) Administrator—The term Administrator means the Administrator of the General Services Administration.

added “(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.

added “(4) Program—The term Program means the program established under section 10402(a).

added “(5) Reservist—The term reservist means an individual who is a member of the National Digital Reserve Corps.

added “10402. Establishment

added “(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.

added “(b) Implementation

added “(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—

added “(A) identify digital and cybersecurity needs which may be addressed by the National Digital Reserve Corps; and

added “(B) assign active reservists to address such needs.

added “(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.

added “10403. Organization

added “(a) Administration

added “(1) In general—The National Digital Reserve Corps shall be administered by the Administrator.

added “(2) Responsibilities—In carrying out the Program, the Administrator shall—

added “(A) establish standards for serving as a reservist, including educational attainment, professional qualifications, and background checks;

added “(B) ensure the standards established under subparagraph (A) are met;

added “(C) recruit individuals to the National Digital Reserve Corps;

added “(D) activate and deactivate reservists as necessary;

added “(E) coordinate with covered Executive agencies to—

added “(i) determine the digital and cybersecurity needs which reservists shall be assigned to address;

added “(ii) ensure reservists have access, resources, and equipment required to address digital and cybersecurity needs which such reservists are assigned to address; and

added “(iii) analyze potential assignments for reservists to determine outcomes, develop anticipated assignment timelines, and identify covered Executive agency partners;

added “(F) ensure reservists acquire and maintain appropriate security clearances; and

added “(G) determine what additional resources, if any, are required to successfully implement the Program.

added “(b) National Digital Reserve Corps participation

added “(1) Service obligation agreement

added “(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.

added “(B) Contents—The agreement under subparagraph (A) shall—

added “(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

added “(ii) set forth all other the rights and obligations of the individual and the General Services Administration.

added “(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.

added “(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.

added “(4) Penalties

added “(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—

added “(i) cease to be a reservist; and

added “(ii) be fined an amount equal to the sum of—

added “(I) an amount equal to the amounts, if any, paid under section 10405 with respect to such reservist, and

added “(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.

added “(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—

added “(i) the failure was due to the death or disability of such reservist; or

added “(ii) the Administrator determines that subparagraph (A) should not apply with respect to the failure.

added “(c) Hiring authority

added “(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.

added “(2) Corps reservists

added “(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.

added “(B) Appointment limits

added “(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.

added “(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.

added “(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).

added “(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.

added “10404. Assignments

added “(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.

added “(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.

added “(c) Duration—An assignment of an individual under subsection (a) shall terminate on the earlier of—

added “(1) the date determined by the Administrator;

added “(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

added “(3) the date on which the assigned individual ceases to be an active reservist.

added “10405. Reservist continuing education

added “(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.

added “(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).

added “(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.

added “10406. Congressional reports

added “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—

added “(1) the number of reservists;

added “(2) a list of covered Executive agencies that have submitted requests for support from the National Digital Reserve Corps;

added “(3) the nature and status of such requests; and

added “(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—

added “(A) the covered Executive agency that submitted the request; and

added “(B) the reservists assigned to such request.”

(b)

added 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:

(c)

added 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

added

added 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

added

(a)

added Establishment—

(1)

added In general— Subchapter I of chapter 33 of title 5, United States Code, is amended by adding at the end the following:

added “3330f. Government policy and supporting position data

added “(a) Definitions—In this section:

added “(1) Agency—The term agency means—

added “(A) any Executive agency, the United States Postal Service, and the Postal Regulatory Commission; and

added “(B) the Executive Office of the President and any component within that Office (including any successor component), including—

added “(i) the Council of Economic Advisors;

added “(ii) the Council on Environmental Quality;

added “(iii) the National Security Council;

added “(iv) the Office of the Vice President;

added “(v) the Office of Policy Development;

added “(vi) the Office of Administration;

added “(vii) the Office of Management and Budget;

added “(viii) the Office of the United States Trade Representative;

added “(ix) the Office of Science and Technology Policy;

added “(x) the Office of National Drug Control Policy; and

added “(xi) the White House Office, including the White House Office of Presidential Personnel.

added “(2) Appointee—The term appointee—

added “(A) means an individual serving in a policy and supporting position; and

added “(B) includes an individual serving in such a position temporarily in an acting capacity in accordance with—

added “(i) sections 3345 through 3349d (commonly referred to as the “Federal Vacancies Reform Act of 1998”);

added “(ii) any other statutory provision described in section 3347(a)(1); or

added “(iii) a Presidential appointment described in section 3347(a)(2).

added “(3) Covered website—The term covered website means the website established and maintained by the Director under subsection (b).

added “(4) Director—The term Director means the Director of the Office of Personnel Management.

added “(5) Policy and supporting position—The term policy and supporting position—

added “(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

added “(B) may include—

added “(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;

added “(ii) a general position (as defined in section 3132(a)(9)) in the Senior Executive service;

added “(iii) a position in the Senior Foreign Service;

added “(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

added “(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.

added “(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:

added “(1) Each policy and supporting position in the Federal Government, including any such position that is vacant.

added “(2) The name of each individual who—

added “(A) is serving in a position described in paragraph (1); or

added “(B) previously served in a position described in such paragraph under the applicable President.

added “(3) Information on—

added “(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

added “(B) the total number of individuals occupying such positions.

added “(c) Contents—With respect to any policy and supporting position listed on the covered website, the Director shall include—

added “(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;

added “(2) the name of the position;

added “(3) the name of the individual occupying the position (if any);

added “(4) the geographic location of the position, including the city, State or province, and country;

added “(5) the pay system under which the position is paid;

added “(6) the level, grade, or rate of pay;

added “(7) the term or duration of the appointment (if any);

added “(8) the expiration date, in the case of a time-limited appointment;

added “(9) a unique identifier for each appointee;

added “(10) whether the position is vacant; and

added “(11) for any position that is vacant—

added “(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

added “(B) for other positions, the name of the official performing the duties of the vacant position.

added “(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.

added “(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.

added “(f) Authority of Director

added “(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).

added “(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—

added “(A) specific data standards that an agency shall follow to ensure that the information is complete, accurate, and reliable;

added “(B) data quality assurance methods; and

added “(C) the timeframe during which an agency shall provide or upload the information, including the timeframe described under paragraph (4).

added “(3) Public accountability—The Director shall identify on the covered website any agency that has failed to provide—

added “(A) the information required by the Director;

added “(B) complete, accurate, and reliable information; or

added “(C) the information during the timeframe specified by the Director.

added “(4) Annual updates

added “(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—

added “(i) the policy and supporting positions in the agency;

added “(ii) the appointees occupying such positions in the agency; and

added “(iii) the former appointees who served in such positions in the agency under the President then in office.

added “(B) Supplement not supplant—Information provided under subparagraph (A) shall supplement, not supplant, previously provided information under that subparagraph.

added “(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.

added “(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.

added “(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.

added “(8) Regulations—The Director may prescribe regulations necessary for the administration of this section.

added “(g) Responsibility of agencies

added “(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).

added “(2) Ensuring completeness, accuracy, and reliability—With respect to any submission of information described in paragraph (1), the head of an agency shall include—

added “(A) an explanation of how the agency ensured the information is complete, accurate, and reliable; and

added “(B) a certification that the information is complete, accurate, and reliable.

added “(h) Information verification

added “(1) Confirmation

added “(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.

added “(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.

added “(2) Authority of director—In carrying out paragraph (1), the Director may—

added “(A) request additional information from an agency; and

added “(B) use any additional information provided to the Director or the White House Office of Presidential Personnel for the purposes of verification.

added “(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.

added “(i) Data archiving

added “(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.

added “(2) Public availability—The Director shall make the data described in paragraph (1) publicly available over the internet—

added “(A) on, or through a link on, the covered website;

added “(B) at no cost; and

added “(C) in a searchable, sortable, downloadable, and machine-readable format.”

(2)

added 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:

(b)

added Other matters—

(1)

added 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)

added 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)

added the quality of data required to be collected and whether the data is complete, accurate, timely, and reliable;

(B)

added any challenges experienced by agencies in implementing this subtitle and the amendments made by this subtitle; and

(C)

added 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)

added Sunset of Plum Book— Beginning on January 1, 2026—

(A)

added the covered website shall serve as the public directory for policy and supporting positions in the Government; and

(B)

added 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)

added Funding—

(A)

added In general— No additional amounts are authorized to be appropriated to carry out this subtitle or the amendments made by this subtitle.

(B)

added 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—

changed “(A) brief overview of the primary security cooperation objectives for the activities encompassed by the ~~report; and~~report;

changed “(B) a description of how such activities advance the theater security cooperation strategy of the relevant geographic combatant ~~command.~~command; and

added “(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. 1207 Strategy for security cooperation

added

(a)

added 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)

added intelligence collection, evaluation, and dissemination, including by improving the evaluation of hostile intent and discernment between hostile intent and hostile action; and

(2)

added 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)

added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—

(1)

added the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and

(2)

added the Committee on Armed Services and the Committee on Foreign Relations of the Senate.

Sec. 1208 General Thaddeus Kosciuszko Exchange Program

added

(a)

added 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)

added Purposes— The purposes of the program include the following:

(1)

added To create an enduring training cooperation program to enhance the national security and defensive capabilities of the United States and Poland.

(2)

added To enable both countries to effectively respond to emerging threats and future challenges in Eastern Europe and around the globe.

(3)

added To increase the interoperability, combined readiness, joint planning capabilities, and shared situational awareness between special operations forces described in subsection (a).

(4)

added To provide a program for the exchange of such special operations forces that will increase readiness and capacity to counter adversarial operations, including—

(A)

added enhancing and increasing the capability to counter irregular and asymmetrical warfare;

(B)

added enhancing and increasing the capability to respond to, and conduct, information operations;

(C)

added enhancing and increasing the capability to counter land and air assaults, including the capacity to conduct urban warfare; and

(D)

added 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)

added 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)

added Eligibility— Officers and enlisted members of such special operations forces may participate in the program under this section.

(d)

added 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

added

added 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)

added an evaluation of the efficiency and effectiveness of such programs and activities in achieving desired outcomes;

(2)

added identification of lessons learned and best practices in carrying out such programs and activities; and

(3)

added 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

added

(a)

added 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)

added Matters to be included— The report required by subsection (a) shall include—

(1)

added 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)

added the lessons learned from such consultations;

(3)

added 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)

added the lessons learned from such procedures and agreements and required improvements so identified.

(c)

added Form— The report required by section (a) may be provided in classified form.

(d)

added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—

(1)

added the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and

(2)

added 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

added

added 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

added

added Section 345 of title 10, United States Code, is amended—

(1)

added 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)

added by adding at the end of subsection (d) the following new paragraph:

added “(6) A discussion of how the training from the previous year incorporated lessons learned from ongoing conflicts.”

Sec. 1226 Report on assisting Iranian dissidents and people access telecommunications tools

added

(a)

added 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)

added Matters described— The matters described in this subsection are the following:

(1)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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

added

(a)

added 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)

added 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.

(c)

added Notification—

(1)

added 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)

added Matters to be included— Such notification shall include the following:

(A)

added 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)

added An estimate of the amount of investment such pavilion could bring to the United States.

(C)

added 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)

added A certification that each entity receiving amounts for a contract, grant, or other agreement to construct, maintain, or otherwise service such pavilion—

(i)

added 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)

added 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)

added 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)

added the number of United States businesses that participated in such pavilion; and

(2)

added the dollar amount and source of any matching funds obtained by the Department.

(e)

added Appropriate congressional committees defined— In this section, the term appropriate congressional committees means the following:

(1)

added The Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.

(2)

added The Committee on Foreign Relations and the Committee on Appropriations of the Senate.

(f)

added Sunset— This section ceases to be effective on December 31, 2025.

Sec. 1228 Report on the U.N. arms embargo on Iran

added

added 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)

added 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)

added 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

added

added 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)

added all Islamic Revolutionary Guard Corps-affiliated operatives serving in diplomatic and consular posts abroad; and

(2)

added 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

added

added 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

added

(a)

added Sense of Congress— It is the sense of Congress that—

(1)

added the Captagon trade linked to the regime of Bashar al-Assad in Syria is a transnational security threat; and

(2)

added the United States should develop and implement an interagency strategy to deny, degrade, and dismantle Assad-linked narcotics production and trafficking networks.

(b)

added 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)

added 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)

added 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)

added 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)

added A strategy for leveraging multilateral institutions and cooperation with international partners to disrupt the narcotics infrastructure of the Assad regime.

(5)

added 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)

added 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)

added Form of report— The report required under subsection (b) shall be submitted in an unclassified form, but may contain a classified annex.

(d)

added Appropriate congressional committees— In this section, the term “appropriate congressional committees” means—

(1)

added 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)

added 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. 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:

changed “(6) Waiver of certification requirement—The Secretary of ~~Defense~~ 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.”

(c)

United states inventory and other sources— Subsection (d) of such section is amended—

(1)

in paragraph (1), by inserting “, and to recover or dispose of such weapons or other defense articles, or to make available such weapons or articles to ally and partner governments to replenish comparable stocks which ally or partner governments have provided to the Government of Ukraine,” after “and defense services”; and

(2)

by adding at the end the following:

“(3) Congressional notification—Not later than 10 days before providing replenishment to an ally or partner government pursuant to paragraph (1), the Secretary of Defense shall transmit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a notification containing the following:

“(A) An identification of the recipient foreign country.

“(B) A detailed description of the articles to be provided, including the 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. 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.

(c)

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.

(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)

changed by redesignating paragraph (24) as paragraph ~~(25);~~ (26); and

(B)

by inserting after paragraph (23) the following:

changed “(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.”~~sanctions.

added “(25) A detailed description of—

added “(A) how Russian private military companies are being utilized to advance the political, economic, and military interests of the Russian Federation;

added “(B) the direct or indirect threats Russian private military companies present to United States security interests;

added “(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

added “(D) all foreign persons engaged significantly with Russian private military companies.”

(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)

added 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)

added Lessons learned from intelligence-sharing activities conducted between the United States, NATO, the European Union, and Ukraine throughout the conflict.

(2)

added Observed tactics and techniques of information-related capabilities and the integration of information-related capabilities in supporting Ukraine objectives.

(3)

added 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)

added Analysis of all collected information to identify recurring strengths and weaknesses in United States and NATO tactics, training, and equipment.

(5)

added Recommendations to address any corrective actions.

(f)

added 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)

added Sense of Congress— It is the sense of Congress that—

(1)

added 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)

added 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)

added 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)

added 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)

added such teams should consist of talented senior officers and non-commissioned officers with appropriate experience and specialties for their task;

(6)

added 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)

added 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. 1236 Expansion of cooperation and training with Ukraine

added

(a)

added 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)

added 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)

added Training on the use of munitions sets determined appropriate by the Secretary of Defense.

(3)

added Establishing a rapport between the Armed Forces of the United States and the armed forces of Ukraine to build partnerships for the future.

(4)

added Enhancement of capabilities for aerial combat operations.

(5)

added 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)

added 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)

added 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)

added A detailed description of the assistance or support to be provided, including—

(A)

added the objectives of such assistance or support.

(B)

added the budget for such assistance or support; and

(C)

added the expected or estimated timeline for delivery of such assistance or support.

(2)

added A description of such other matters as the Secretary considers appropriate.

(c)

added 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

added

added 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

added

(a)

added 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)

added Matters to be included— The report required by subsection (a) shall include—

(1)

added 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)

added 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

added

(a)

added 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)

added 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)

added the participation of the Russian Federation in a Group of Seven proceeding; or

(2)

added 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

added

(a)

added Findings— Congress finds the following:

(1)

added 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)

added In retaliation for his advocacy, two attempts have been made on Mr. Kara-Murza’s life, as—

(A)

added on May 26, 2015, Mr. Kara-Murza fell ill with symptoms indicative of poisoning and was hospitalized; and

(B)

added on February 2, 2017, he fell ill with similar symptoms and was placed in a medically induced coma.

(3)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added Mr. Kara-Murza was then placed into pretrial detention and ordered to be held until at least June 12, 2022.

(10)

added 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)

added Sense of Congress— It is the sense of Congress that Congress—

(1)

added 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)

added 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)

added 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)

added 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

added

(a)

added 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)

added 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)

added 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

added

(a)

added 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)

added 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

added

(a)

added In general— The Secretary of Defense shall submit a report to Congress describing—

(1)

added 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)

added any efforts underway to prevent the illicit distribution or use of such weapons and the effectiveness of any such efforts.

(b)

added 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

added

added 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)

added 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)

added whether that oversight structure is best suited to conduct such oversight;

(3)

added whether there are any gaps in oversight over the expenditure of funds for assistance to Ukraine;

(4)

added 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)

added 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)

changed 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. 1263 Matters relating to climate change at NATO

added

added The President shall direct the United States Permanent Representative to the North Atlantic Treaty Organization (NATO) to—

(1)

added 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)

added support the establishment of a NATO Center of Excellence for Climate and Security;

(3)

added 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)

added communicate the core security challenge posed by climate change as articulated in NATO’s strategic concept.

Sec. 1264 Baltic Reassurance Act

added

(a)

added Findings— Congress finds the following:

(1)

added 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)

added Deterring the Russian Federation from such aggression is vital for transatlantic security.

(3)

added 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)

added The Russian Federation also continues to disregard treaties, international laws and rights to freedom of navigation, territorial integrity, and sovereign international borders.

(5)

added 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)

added The Baltic countries of Estonia, Latvia, and Lithuania are particularly vulnerable to an increasingly aggressive and subversive Russian Federation.

(7)

added 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)

added 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)

added 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)

added 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)

added 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)

added Sense of congress— It is the sense of Congress as follows:

(1)

added 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)

added 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)

added 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.

(c)

added Defense assessment—

(1)

added 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)

added 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)

added assesses the manner in which to meet those objectives, including future resource requirements and recommendations, by undertaking activities in the following areas:

(i)

added 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)

added Activities to improve air defense systems, including modern air-surveillance capabilities.

(iii)

added Activities to improve counter-unmanned aerial system capabilities.

(iv)

added Activities to improve command and control capabilities through increasing communications, technology, and intelligence capacity and coordination, including secure and hardened communications.

(v)

added Activities to improve intelligence, surveillance, and reconnaissance capabilities.

(vi)

added Activities to enhance maritime domain awareness.

(vii)

added Activities to improve military and defense infrastructure, logistics, and access, particularly transport of military supplies and equipment.

(viii)

added Investments to ammunition stocks and storage.

(ix)

added Activities and training to enhance cyber security and electronic warfare capabilities.

(x)

added Bilateral and multilateral training and exercises.

(xi)

added New and existing cost-sharing mechanisms with United States and NATO allies to reduce financial burden.

(2)

added 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)

added A report on the findings of the assessment conducted pursuant to subsection (a).

(B)

added A list of any recommendations resulting from such assessment.

(C)

added 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)

added A plan for the United States to use appropriate security cooperation authorities or other authorities to—

(i)

added facilitate relevant recommendations included in the list described in paragraph (2);

(ii)

added 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)

added 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)

added Congressional defense committees defined— For purposes of this section, the term “congressional defense committees” includes—

(1)

added the Committee on Foreign Affairs of the House of Representatives; and

(2)

added the Committee on Foreign Relations of the Senate.

Sec. 1265 Report on efforts of NATO to counter misinformation and disinformation

added

(a)

added 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)

added 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.

(c)

added Elements— The report required by subsection (a) shall—

(1)

added assess—

(A)

added vulnerabilities of NATO member states and NATO to misinformation and disinformation and describe efforts to counter such activities;

(B)

added 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

(C)

added misinformation and disinformation campaigns carried out by authoritarian states, particularly Russia and China; and

(2)

added include recommendations to counter misinformation and disinformation.

Sec. 1266 Improvements to the NATO Strategic Communications Center of Excellence

added

(a)

added Prioritization— The Secretary of Defense shall seek to prioritize funding through NATO’s common budget to—

(1)

added enhance the capability, cooperation, and information sharing among NATO, NATO member countries, and partners, with respect to strategic communications and information operations; and

(2)

added facilitate education, research and development, lessons learned, and consultation in strategic communications and information operations.

(b)

added 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)

added 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)

added the recommendations of the Secretary with respect to improving strategic communications within NATO; and

(2)

added the recommendations of the Secretary with respect to strengthening the role of the Center in fostering strategic communications and information operations within NATO.

(d)

added Briefings required— The Secretary of Defense shall brief the appropriate congressional committees on a biannual basis on—

(1)

added the efforts of the Department of Defense to strengthen the role of the Center in fostering strategic communications and information operations within NATO;

(2)

added 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)

added 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)

added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means the following:

(1)

added The Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.

(2)

added 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

added

(a)

added Findings— Congress finds the following:

(1)

added 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)

added 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)

added 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)

added 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)

added 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)

added Sense of Congress— It is the sense of Congress that the United States should—

(1)

added 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)

added continue firm support to Georgia’s sovereignty and territorial integrity within its internationally recognized borders;

(3)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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

added

(a)

added Appropriate congressional committees— In this section, the term “appropriate congressional committees” means—

(1)

added the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and

(2)

added the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.

(b)

added 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)

added opportunities for the United States to support training for Albania’s military forces;

(2)

added 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)

added 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

added

(a)

added In general— Chapter 33 of title 40, United States Code, is amended by adding at the end the following:

added “3320. Restriction of entities from using Federal funds to engage, enter into, and award public works contracts

added “(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.

added “(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.

added “(c) Exception—This section shall only apply to projects that are located in the United States.

added “(d) Definitions—In this section:

added “(1) Covered entity—The term “covered entity” means any entity that—

added “(A) is headquartered in China;

added “(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

added “(C) is a parent, subsidiary, or affiliate of any entity described in subparagraph (B).

added “(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)

added Clerical amendment— The analysis for chapter 33 of title 40, United States Code, is amended by adding at the end the following:

(c)

added Non-Federal public works— Chapter 35 of title 40, United States Code, is amended by adding at the end the following:

added “3506. Restriction of States and local governments from using Federal funds to engage, enter into, and award public works contracts

added “(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.

added “(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.

added “(c) Exception—This section shall only apply to projects that are located in a State.

added “(d) Definitions—In this section:

added “(1) Covered entity—The term “covered entity” means any entity that—

added “(A) is headquartered in China;

added “(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

added “(C) is a parent, subsidiary, or affiliate of any entity described in subparagraph (B).

added “(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.”

(d)

added Clerical amendment— The analysis for chapter 35 of title 40, United States Code, is amended by adding at the end the following:

(e)

added Updating regulations— The Federal Acquisition Regulation and the Defense Federal Acquisition Regulation shall be revised to implement the provisions of this Act.

(f)

added 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

added

added 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:

added “(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—

added “(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

added “(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

added

added 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)

added that such transfer is in the national interest of the United States; and

(2)

added 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

(C)

by adding at the end the following new subparagraph:

“(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)

added By redesignating paragraph (14) as paragraph (15).

(4)

added By inserting after paragraph (13) the following:

added “(14) An analysis of the activities of the People’s Republic of China in the Pacific Islands region.”

Sec. 1314 Taiwan defense cooperation

added

(a)

added 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)

added Elements— The study required by subsection (a) shall assess the following:

(1)

added 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)

added The additional manpower required to facilitate the arms sales process to Taiwan and other matters as specified in subsection (a).

(3)

added The overall cost and anticipated efficiency of such additional resources.

(4)

added Such other matters as may be determined relevant by the Secretary.

(c)

added 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

added

added 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)

added in subparagraph (B), by striking “and” at the end;

(2)

added in subparagraph (C), by striking the period at the end and inserting “; and”; and

(3)

added by adding at the end the following:

added “(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

added

added 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

added

added It is the sense of Congress that the United States should—

(1)

added prioritize efforts to enhance the North Atlantic Treaty Organization’ (NATO’s) capacity to counter misinformation and disinformation;

(2)

added 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)

added support building technological resilience to misinformation and disinformation.

Sec. 1318 Sense of Congress relating to the NATO Parliamentary Assembly

added

added It is the sense of Congress that the United States should—

(1)

added proactively engage with the North Atlantic Treaty Organization (NATO) Parliamentary Assembly (PA) and its member delegations;

(2)

added communicate with and educate the public on the benefits and importance of NATO and NATO PA; and

(3)

added support increased inter-democracy and inter-parliamentary cooperation on countering misinformation and disinformation.

Sec. 1319 Report on Indo-Pacific region

added

(a)

added In general—

(1)

added 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)

added Submission and update— The report and strategy required by this subsection shall—

(A)

added 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)

added 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)

added Criteria— The report and strategy required in subsection (a) shall be developed in accordance with the following criteria:

(1)

added 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)

added 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)

added It shall incorporate input from U.S. Ambassadors in the Indo-Pacific region provided explicitly for the required report.

(4)

added 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)

added It shall not be subject to fiscal guidance or global strategic tradeoffs associated with the annual President’s budget request.

(c)

added Policy objectives— The report and strategy required in subsection (a) shall assess the activities and resources required to achieve the following policy objectives:

(1)

added Implement the Interim National Security Strategic Guidance, or the most recent National Security Strategy, with respect to the Indo-Pacific region.

(2)

added Implement the 2022 Indo-Pacific Strategy, or successor documents, that set forth the U.S. Government strategy toward the Indo-Pacific region.

(3)

added Implement the State-USAID Joint Strategic Plan with respect to the Indo-Pacific region.

(4)

added 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)

added 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)

added Matters To be included— The report and strategy required under subsection (a) shall include the following:

(1)

added 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)

added A timeline with annual benchmarks for achieving the objectives described in subsection (c).

(3)

added 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)

added A list, in priority order, of locations in the Indo-Pacific region that require additional diplomatic personnel or facilities.

(B)

added A description of locations where the United States may be able to collocate diplomatic personnel at allied or partner embassies and consulates.

(C)

added A discussion of embassies or consulates where diplomatic staff could be reduced within the Indo-Pacific region, where appropriate.

(D)

added A detailed description of the fiscal and personnel resources required to fill gaps identified.

(4)

added 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)

added A discussion of the resources needed to enhance U.S. strategic messaging and spotlight coercive PRC behavior.

(6)

added 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)

added A gap assessment of security assistance by country, and of the resources needed to fill those gaps.

(8)

added A description of the resources and policy tools needed to facilitate continued private sector investment in partner countries in the Indo-Pacific.

(9)

added 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)

added Form— The report required under subsection (a) shall be submitted in an unclassified form, but may include a classified annex.

(f)

added 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)

added Definitions— In this section:

(1)

added 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)

added 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)

added 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

added

added It is the sense of Congress that—

(1)

added the People’s Republic of China is a fully industrialized nation and no longer a developing nation; and

(2)

added 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

added

added 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. 1336 Annual report on role of antisemitisim in violent extremist movements

added

(a)

added 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)

added the rise in global antisemitism;

(2)

added the role of antisemitism in violent extremist movements;

(3)

added the threat of global antisemitism to the United States Armed Forces; and

(4)

added the threat of global antisemitism to United States national security and interests.

(b)

added 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.

(c)

added Appropriate congressional committees— In this section, the term “appropriate congressional committees” means—

(1)

added the Committee on Armed Services and the Committee on Foreign Affairs, of the House of Representatives; and

(2)

added 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

added

(a)

added 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)

added Report—

(1)

added 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)

added the guidance developed pursuant to subsection (a); and

(B)

added 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)

added Form— The report required by this subsection shall be submitted in unclassified form, but may include a classified annex if necessary.

(3)

added Appropriate congressional committees defined— In this subsection, the term “appropriate congressional committees” means—

(A)

added the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and

(B)

added the Committee on Foreign Relations and the Committee on Armed Services of the Senate.

Sec. 1338 Sense of Congress regarding Israel

added

added It is the sense of Congress that—

(1)

added since 1948, Israel has been one of the strongest friends and allies of the United States;

(2)

added Israel is a stable, democratic country in a region often marred by turmoil;

(3)

added it is essential to the strategic interest of the United States to continue to offer security assistance and related support to Israel; and

(4)

added 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

added

(a)

added Sense of Congress— It is the sense of Congress that—

(1)

added the Multinational Force and Observers has helped strengthen stability and kept the peace in Sinai Peninsula; and

(2)

added the United States should continue to maintain its strong support for the Multinational Force and Observers.

(b)

added 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

added

(a)

added 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)

added Matters to be included— The strategy required by subsection (a) shall include—

(1)

added an identification of United States interests described in such subsection; and

(2)

added a description of the means to achieve such interests.

(c)

added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—

(1)

added congressional defense committees; and

(2)

added 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

added

(a)

added 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)

added Matters to be included— The study required by subsection (a) shall include the following:

(1)

added A review of the use and implementation of the authority of section 1210A of the National Defense Authorization Act for Fiscal Year 2020.

(2)

added 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)

added An identification of the total amount of support provided by the Department of Defense pursuant to such requests so granted.

(c)

added Report—

(1)

added 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)

added Appropriate congressional committees defined— In this subsection, the term “appropriate congressional committees” means—

(A)

added congressional defense committees; and

(B)

added 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

added

(a)

added 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)

added 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)

added United States commitment to Taiwan’s self-defense, pursuant to the Taiwan Relations Act;

(B)

added United States Foreign Military Sales to Taiwan; and

(C)

added United States economic cooperation with Taiwan; and

(2)

added that contains—

(A)

added 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)

added recommendations on how to better combat such disinformation or propaganda.

(b)

added Form— The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.

(c)

added Appropriate Congressional Committees defined— In this section the term, “appropriate Congressional Committees” means—

(1)

added the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and

(2)

added the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.

Sec. 1343 Report on Azerbaijan

added

added 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)

added 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)

added 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)

added 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

added

(a)

added 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)

added Elements— The report required by subsection (a) shall include the following elements:

(1)

added 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)

added 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)

added 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)

added A detailed description of the military activities of external actors in Libya, including assessments and detailed analysis of situations in which those activities—

(A)

added have undermined progress towards stabilization of Libya, including the United Nations-led negotiations;

(B)

added involve United States-origin equipment and violate contractual conditions of acceptable use of such equipment; or

(C)

added violate or seek to violate the United Nations arms embargo on Libya imposed pursuant to United Nations Security Council Resolution 1970 (2011).

(5)

added 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)

added An identification and assessment of the root causes of migration through Libya into Europe, including—

(A)

added the extent to which such migratory trends correlate to increased instances of human trafficking and slavery, including actors attributed to such behavior;

(B)

added 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)

added 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)

added 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)

added 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)

added Any potential limitations to existing resources of either Department affecting the ability to support stabilization operations in Libya.

(C)

added 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)

added An identification of interagency deployments in Libya, including the rationale for such deployments and plans for future interagency deployments.

(8)

added Any other matters the Secretary of Defense considers appropriate.

(c)

added Form— The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.

(d)

added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—

(1)

added the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and

(2)

added 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

added

added 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

added

(a)

added Findings— Congress finds the following:

(1)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added Sense of Congress— Congress—

(1)

added 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)

added 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)

added 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

added

(a)

added 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)

added Matters to be included— The report shall include the following:

(1)

added 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)

added The major routes by which illegal arms are trafficked into Haiti.

(3)

added The major Haitian seaports, airports, and other border crossings where illegal arms are trafficked.

(4)

added An accounting of the ways individuals evade law enforcement and customs officials.

(5)

added A description of networks among Haitian government officials, Haitian customs officials, and gangs and others illegally involved in arms trafficking.

(6)

added Whether any end-use agreements between the United States and Haiti in the issuance of United States-origin weapons have been violated.

(c)

added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—

(1)

added the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives; and

(2)

added 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

added

added Section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is amended—

(1)

added by redesignating the second subsection (h) (relating to the Office of Sanctions Coordination) as subsection (k); and

(2)

added by adding at the end the following new subsection:

added “(l) Office of City and State Diplomacy

added “(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.

added “(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—

added “(A) be appointed by the President, by and with the advice and consent of the Senate; and

added “(B) report directly to the Secretary, or such other senior official as the Secretary determines appropriate and upon notification to Congress.

added “(3) Duties

added “(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.

added “(B) Additional duties—The additional duties of the head of the Office shall include the following:

added “(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:

added “(I) Coordinating resources across the Department of State and throughout the Federal Government in support of such engagements.

added “(II) Identifying policy, program, and funding discrepancies among relevant Federal agencies regarding such coordination.

added “(III) Identifying gaps in Federal support for such engagements and developing corresponding policy or programmatic changes to address such gaps.

added “(ii) Identifying areas of alignment between United States foreign policy and State and municipal goals.

added “(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.

added “(iv) Providing advisory support to subnational engagements, including by assisting State and municipal governments regarding—

added “(I) developing and implementing global engagement and public diplomacy strategies;

added “(II) implementing programs to cooperate with foreign governments on policy priorities or managing shared resources; and

added “(III) understanding the implications of foreign policy developments or policy changes through regular and extraordinary briefings.

added “(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.

added “(vi) Supporting the work of Department of State detailees assigned to State and municipal governments pursuant to this subsection.

added “(vii) Under the direction of the Secretary, negotiating agreements and memoranda of understanding with foreign governments related to subnational engagements and priorities.

added “(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.

added “(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.

added “(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.

added “(5) Detailees

added “(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.

added “(B) Responsibilities—Detailees under subparagraph (A) should carry out the following:

added “(i) Supporting the mission and objectives of the host subnational government office.

added “(ii) Advising State and municipal government officials regarding questions of global affairs, foreign policy, cooperative agreements, and public diplomacy.

added “(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.

added “(iv) Engaging Federal agencies regarding security, public health, trade promotion, and other programs executed at the State or municipal government level.

added “(v) Any other duties requested by State and municipal governments and approved by the Office.

added “(C) Additional personnel support for subnational engagement—For the purposes of this subsection, the Secretary of State—

added “(i) is authorized to employ individuals by contract;

added “(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

added “(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.

added “(6) Report and briefing

added “(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:

added “(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.

added “(ii) The funding level provided to the Office for the Office, together with a justification relating to such level.

added “(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.

added “(iv) A strategic plan for the Office, including relating to—

added “(I) leveraging subnational engagement to improve United States foreign policy effectiveness;

added “(II) enhancing the awareness, understanding, and involvement of United States citizens in the foreign policy process; and

added “(III) better engaging with foreign subnational governments to strengthen diplomacy.

added “(v) Any other matters as determined relevant by the head of the Office.

added “(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.

added “(7) Rule of construction—Nothing in this subsection may be construed as precluding—

added “(A) the Office from being elevated to a bureau within the Department of State; or

added “(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).

added “(8) Definitions—In this subsection:

added “(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.

added “(B) State—The term “State” means the 50 States, the District of Columbia, and any territory or possession of the United States.

added “(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

added

(a)

added 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)

added Certification— The certification described in this subsection is a certification of the President of the following:

(1)

added The President has received reliable assurances that the Government of Egypt and any Egyptian state-owned enterprises—

(A)

added 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)

added will not knowingly engage in activity subject to sanctions under the Countering America’s Adversaries Through Sanctions Act in the future.

(2)

added 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)

added 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)

added the detained individual has presented credible information of factual innocence to United States officials;

(B)

added information exists that the individual is detained solely or substantially because he or she is a citizen or national of the United States;

(C)

added 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)

added the individual is being detained in violation of the laws of the detaining country;

(E)

added independent nongovernmental organizations or journalists have raised legitimate questions about the innocence of the detained individual;

(F)

added the United States embassy in the country where the individual is detained has received credible reports that the detention is a pretext;

(G)

added police reports show evidence of the lack of a credible investigation;

(H)

added 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)

added the individual is detained in inhumane conditions; and

(J)

added the international right to due process of law has been sufficiently impaired so as to render the detention arbitrary.

(c)

added 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)

added 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)

added 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)

added 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)

added 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)

added Required report—

(1)

added 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)

added The specific operational activities and objectives intended for the vessel upon receipt by the Government of Egypt.

(B)

added 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)

added 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)

added 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)

added 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)

added Form— The report required by this subsection shall be provided in unclassified form, but may include a separate classified annex.

(i)

added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—

(1)

added the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and

(2)

added 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

added

added It is the sense of Congress that—

(1)

added Azerbaijan must immediately and unconditionally return all Armenian prisoners of war and captured civilians; and

(2)

added 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

added

(a)

added Strong United States-India Defense Partnership— It is the sense of Congress that—

(1)

added 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)

added 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)

added 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.

(c)

added Border threats from China and reliance on Russian-built weapons— Congress recognizes that—

(1)

added 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)

added India relies on Russian-built weapons for its national defense, and

(3)

added 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)

added 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

added

added 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

added

(a)

added Statement of Congress— Congress—

(1)

added 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)

added 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)

added 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)

added Report—

(1)

added 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)

added Elements— The report required under paragraph (1) shall include the following elements:

(A)

added 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)

added 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

added

added 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

added

(a)

added 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)

added Matters to be included— The study required by subsection (a) shall include the following:

(1)

added 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)

added An identification of the number of times such authority has been used.

(3)

added An identification of the challenges associated with the use of such authority.

(4)

added A description of reasons for lack of the use of such authority, if any.

(5)

added An identification of potential legislative actions for Congress to address with respect to such authority.

(6)

added An identification of potential executive actions for the Department of Defense to address with respect to such authority.

(c)

added Report—

(1)

added 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)

added Appropriate congressional committees defined— In this subsection, the term “appropriate congressional committees” means—

(A)

added congressional defense committees; and

(B)

added 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

added

(a)

added Feasibility study— The Secretary of State, in consultation with the Secretary of Defense, shall conduct a feasibility study that—

(1)

added includes consultation with Somaliland security organs;

(2)

added 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)

added identifies the practicability of improving the professionalization and capacity of Somaliland security sector actors; and

(4)

added 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)

added 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)

added 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)

added 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)

added the United States has provided or discussed with officials of Somaliland the provision of training to security forces, including—

(A)

added where such training has occurred;

(B)

added the extent to which Somaliland security forces have demonstrated the ability to absorb previous training; and

(C)

added the ability of Somaliland security forces to maintain and appropriately utilize such training, as applicable;

(4)

added 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)

added Somaliland could—

(A)

added serve as a maritime gateway in East Africa for the United States and its allies; and

(B)

added counter Iran’s presence in the Gulf of Aden and China’s growing regional military presence;

(6)

added a United States security and defense partnership could—

(A)

added bolster cooperation between Somaliland and Taiwan;

(B)

added 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)

added 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)

added the extent to which an improved relationship with Somaliland could—

(A)

added support United States policy focused on the Red Sea corridor, the Indo-Pacific region, and the Horn of Africa;

(B)

added improve cooperation on counterterrorism and intelligence sharing;

(C)

added enable cooperation on counter-trafficking, including the trafficking of humans, wildlife, weapons, and illicit goods; and

(D)

added support trade and development, including how Somaliland could benefit from Prosper Africa and other regional trade initiatives.

(c)

added Appropriate congressional committees defined— In subsection (b), the term “appropriate congressional committees” means—

(1)

added the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and

(2)

added 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

added

added 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

added

(a)

added Findings— Congress makes the following findings:

(1)

added Article 1, Section 8, of the Constitution provides Congress with the sole authority to “declare war”.

(2)

added 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)

added Sunset provisions have been included in 29 percent of prior authorizations for use of military force and declarations of war.

(b)

added Sense of Congress— It is the sense of Congress that—

(1)

added 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)

added 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

added

(a)

added 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)

added 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)

added 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)

added A description of increasing cartel control over Mexican territory and its impacts on national security.

(4)

added A description of deteriorating role of electoral and democratic institutions, including human rights violations, and its impacts on national security.

(b)

added Form— The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. The unclassified portion of such report shall be published on a publicly available website of the Federal government.

(c)

added Appropriate Congressional Committees— In this section, the term “appropriate congressional committees” means—

(1)

added the congressional defense committees;

(2)

added the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and

(3)

added the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives.

Sec. 1360 Unpaid Peruvian agrarian reform bonds

added

added 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

added

(a)

added 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)

added 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)

added helping the Government of Russia or Russian entities evade or circumvent United States sanctions or multilateral sanctions and export controls;

(2)

added deliberately inhibiting onsite United States Government export control end-use checks, including interviews and investigations, in China;

(3)

added providing Russia with any technology, including semiconductors classified as EAR99, that supports Russian intelligence or military capabilities;

(4)

added establishing economic or financial arrangements that will have the effect of alleviating the impact of United States sanctions or multilateral sanctions;

(5)

added furthering Russia’s disinformation and propaganda efforts;

(6)

added 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)

added providing any material, technical, or logistical support, including to Russian military or intelligence agencies and state-owned or state-linked enterprises.

(c)

added Form—

(1)

added 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)

added 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)

added Sunset— The requirement to submit the report required by subsection (a) shall terminate on the earlier of—

(1)

added the date on which the Secretary of State determines the conflict in Ukraine has ended; or

(2)

added the date that is 2 years after the date of the enactment of this Act.

(e)

added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—

(1)

added the congressional defense committees;

(2)

added the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and

(3)

added the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Select Committee on Intelligence of the Senate.

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)

added 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.).

(c)

Disclosures concerning rare earth elements and covered critical minerals by contractors of Department of Defense—

(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;

(C)

such elements and minerals were made into metals and alloys; and

(D)

the magnet was sintered or bonded and magnetized.

(3)

Implementation of supply chain tracking system— If a contractor cannot make the disclosure required by paragraph (1) with respect to a system described in that paragraph, the Secretary shall require the contractor to establish and implement a supply chain tracking system in order to make the disclosure 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)

changed 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 ~~pre c.)~~ 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;

(C)

by inserting before paragraph (3), as redesignated by subparagraph (B), the following:

“(1) The term Chinese military company has the meaning given that term by section 1260H(d)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 113 note).

“(2) The term Commerce Control List means the list maintained by the Bureau of Industry and Security and set forth in Supplement No. 1 to part 774 of the Export Administration Regulations.”

(D)

by inserting after paragraph (3), as so redesignated, the following:

“(4) The term 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).”

(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

(C)

section 4872 of title 10, United States Code.

(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

added

(a)

added 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)

added 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.

(c)

added Contents— The report required by subsection (b) shall include the following:

(1)

added 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)

added 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)

added An evaluation of factors that would affect shortfall estimates with respect to rare earth magnet block in the National Defense Stockpile inventory.

(4)

added A description of the impact on and requirements for domestic industry stakeholders, including Department of Defense contractors.

(5)

added An analysis of challenges related to the domestic manufacturing of rare earth permanent magnets.

(6)

added 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)

added Identification of additional funding, authorities, and policies necessary to advance the policy described in subsection (a).

(d)

added Form— The report required by subsection (b) shall be submitted in unclassified form, but may include a classified annex.

(e)

added Definitions— In this section:

(1)

added 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)

added 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

added

added 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. 1516 Requirement to notify Chief of Mission of military operation in the information environment

added

added Section 398 of title 10, United States Code, as added and amended by section 1511, is further amended—

(1)

added by redesignating subsection (g) as subsection (h); and

(2)

added by inserting after subsection (f) the following new subsection (g):

added “(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. 1535 Establishment of hacking for national security and public service innovation program

added

(a)

added Support authorized—

(1)

added 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)

added Coordinating authority— The NSIN shall serve as the coordinating authority for the H4NSPSI program and activities under such program.

(3)

added Elements— H4NSPSI program activities shall include the following:

(A)

added Source problems at scale for the agencies associated with the programs specified in subsection (e).

(B)

added Recruit universities located in the United States or in partner or allied nations to work on the problems described in subparagraph (A).

(C)

added Train universities described in subparagraph (B) on the methodology of Hacking for Defense.

(D)

added Support the universities described in subparagraph (B) with content, curriculum, and other support to develop solutions to the problems described in subparagraph (A).

(E)

added Support the United States Government adoption of solutions developed through the programs specified in subsection (e).

(F)

added Support the development and acquisition of talent within the agencies associated with the programs specified in subsection (e).

(4)

added Objectives— The H4NSPSI program may include the following objectives:

(A)

added Increase funding for successful innovation efforts that bridge the gap between innovative organizations and the United States military.

(B)

added 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)

added Improve the ability of the Department of Defense to maintain technological advantage over competitors by leveraging private sector innovation at scale.

(D)

added Through the use of existing authorities—

(i)

added strengthen United States national security innovation efforts and activities; and

(ii)

added 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)

added 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)

added 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)

added 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)

added Develop best practices for the conduct of such activities and programs.

(I)

added Identify experimental learning opportunities for activity and program participants to interact with operational forces and better understand national security challenges.

(J)

added 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)

added 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)

added 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)

added 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)

added Coordination— In carrying out this section, the Secretary of Defense shall consider coordinating and partnering with activities and organizations involved in the following:

(1)

added Hacking for Defense.

(2)

added Hacking for Homeland Security.

(3)

added Hacking for Diplomacy.

(4)

added Hacking for Space.

(5)

added Hacking for Manufacturing.

Sec. 1536 Tailored cyberspace operations organizations

added

added 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:

added “(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).

added “(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:

added “(1) An assessment of whether such authorities shall be conferred to the 90th Cyberspace Operations Squadron of the United States Air Force.

added “(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

added

added Chapter 57 of title 10, United States Code, is amended by inserting after section 1124 the following new section:

added “1124a. Cyber operations-peculiar awards

added “(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.

added “(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.

added “(c) Payment—Awards to, and expenses for the honorary recognition of, members of the covered armed forces under this section may be paid from—

added “(1) the funds or appropriations available to the activity primarily benefiting from the novel action, invention, or technical achievement; or

added “(2) the several funds or appropriations of the various activities benefiting from the novel action, invention, or technical achievement.

added “(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.

added “(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.

added “(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

added

(a)

added 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)

added Matters included—

(1)

added Elements— The review under subsection (a) shall include considerations of the following:

(A)

added The specific sourcing of existing billets of the Space Force optimally postured for transfer to cyber squadrons.

(B)

added The administrative processes required to shift billets and existing funding to cyber squadrons.

(C)

added The responsibilities and functions performed by military personnel and civilian personnel.

(D)

added The cumulative benefit for the Space Force of transferring billets to cyber squadrons.

(2)

added 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

added

added 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)

added 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)

added a revised definition for such term that includes such units and components within the Cyberspace Operations Forces.

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)

changed 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;~~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

added

added 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

added

(a)

added 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)

added recommendations with respect to the remediation of such risks; and

(2)

added outlines of plans to reduce the incident of such space debris.

(b)

added Appropriate congressional committees defined— In this section, the term appropriate congressional committees means—

(1)

added the Committee on Armed Services and the Committee on Science, Space, and Technology of the House of Representatives; and

(2)

added 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

added

(a)

added Plans—

(1)

added 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)

added Plan elements— The plan submitted under paragraph (1) shall include the following:

(A)

added A description of authorities that would be used to execute the proposed pilot program.

(B)

added A timeline for the implementation and duration of the proposed pilot program.

(C)

added An identification of the dedicated X-band small satellite communication technologies required to implement the proposed pilot program.

(D)

added The costs, per fiscal year, for the development, deployment, and operations of the proposed pilot program.

(E)

added A comprehensive description and assessment of the proposed pilot program.

(F)

added Such recommendations for legislative or administrative action the Assistant Secretaries jointly determine appropriate, including the feasibility of—

(i)

added extending the term of the proposed pilot program; or

(ii)

added expanding the proposed pilot program to other activities of the Department of Defense beyond special operations forces.

(b)

added 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

added

added 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. 1624 Funding for research and development of advanced naval nuclear fuel system based on low-enriched uranium

added

(a)

added 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)

added 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)

added by $10,000,000 for the amount for nuclear smuggling detection and deterrence; and

(2)

added by $10,000,000 for the amount for nuclear detonation detection.

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;

(C)

the costs associated with nuclear certification, personnel training, and operations; and

(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.

(c)

Limitation—

(1)

In general— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2023 for the Department of Defense or the National Nuclear Security Administration may be obligated or expended for a purpose specified in paragraph (2) until—

(A)

changed each of the reports under subsection ~~(b)~~ (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. 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)

changed An analysis of United States allied and partner systems currently in the region to defend against air and missile ~~attacks~~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)

changed An identification of any challenges in establishing an integrated air and missile defense architecture with specified foreign ~~partners.~~partners, including assessments of the capacity of specified foreign partners to—

(i)

added 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)

added independently operate key technical components of such an architecture, including satellite sensors, ground- or sea-based radars, and interceptors; and

(iii)

added operate command and control centers directing the operation of such an architecture.

(G)

added 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)

renumbered was (3)(3)(9) 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)

renumbered was (3)(3)(10) 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. 1652 Report on gun launched interceptor technologies

added

added 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)

added an assessment of the need for gun launched interceptor technologies; and

(2)

added 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

added

added 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)

added an assessment of the requirement to develop radiation hardened, thermally insensitive sensors for missile defense; and

(2)

added a funding profile, by year, of the total cost of integrating and testing such sensors that are under development.

Sec. 1663 Unidentified aerial phenomena reporting procedures

added

(a)

added 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)

added System for reporting—

(1)

added 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)

added any event relating to unidentified aerial phenomena; and

(B)

added any Government or Government contractor activity or program related to unidentified aerial phenomena.

(2)

added 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)

added 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)

added 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)

added 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)

added submit to the congressional intelligence committees, the congressional defense committees, and congressional leadership a report detailing the system established under paragraph (1); and

(B)

added 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)

added Annual reports— Section 1683 of the National Defense Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373) is amended—

(A)

added in subsection (h)—

(i)

added in paragraph (1), by inserting “and congressional leadership” after “appropriate congressional committees”; and

(ii)

added in paragraph (2), by adding at the end the following new subparagraph:

added “(Q) A summary of the reports received using the system established under title XVI of the National Defense Authorization Act for Fiscal Year 2023.”

(B)

added in subsection (l)—

(i)

added by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; and

(ii)

added by inserting after paragraph (1) the following new paragraph (2):

added “(2) The term congressional leadership means—

added “(A) the majority leader of the Senate;

added “(B) the minority leader of the Senate;

added “(C) the Speaker of the House of Representatives; and

added “(D) the minority leader of the House of Representatives.”

(c)

added Records of nondisclosure agreements—

(1)

added 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)

added Submittal to Congress— The head of the Office shall—

(A)

added make the records compiled under paragraph (1) accessible to the congressional intelligence committees, the congressional defense committees, and congressional leadership; and

(B)

added 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)

added Protection from liability and private right of action—

(1)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added Definitions— In this section:

(1)

added 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)

added The term congressional leadership means—

(A)

added the majority leader of the Senate;

(B)

added the minority leader of the Senate;

(C)

added the Speaker of the House of Representatives; and

(D)

added the minority leader of the House of Representatives.

(3)

added 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)

added 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)

added 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)

added 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. 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.

(c)

Elements of briefings—

(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)

added An analysis of the amount of funding provided to defense contractors to procure replacement stocks of covered systems for the United States.

(C)

renumbered was (4)(2)(4) 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)

renumbered was (4)(2)(5) An analysis of risks within the industrial base that provides support for covered systems, and detailed options to mitigate those risks.

(E)

renumbered was (4)(2)(6) 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)

renumbered was (4)(2)(7) 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. 1709 Ukraine Critical Munitions Acquisition Fund

added

(a)

added 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)

added Purpose— Subject to the availability of appropriations, amounts in the Fund shall be made available by the Secretary of Defense—

(1)

added 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)

added to finance the acquisition of critical munitions in advance of the transfer of such munitions to foreign countries during the war in Ukraine.

(c)

added Additional authority— Subject to the availability of appropriations, the Secretary may also use amounts made available to the Fund—

(1)

added 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)

added with the concurrence of the Secretary of State, to procure munitions identified as having a high use rate during the war in Ukraine.

(d)

added Deposits—

(1)

added In general— The Fund shall consist of each of the following:

(A)

added 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)

added subparagraph (B) or (C) of section 21(a)(1) of the Arms Export Control Act (22 U.S.C. 2761(a)(1);

(ii)

added section 22 of the Arms Export Control Act (22 U.S.C. 2762); or

(iii)

added section 644(m) of the Foreign Assistance Act of 1961 (22 U.S.C. 2403).

(B)

added Such amounts as may be appropriated pursuant to the authorization under this section or otherwise made available for the purposes of the Fund.

(C)

added 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)

added Contributions from foreign governments—

(A)

added 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)

added 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)

added 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)

added Notification—

(1)

added 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)

added notice in writing of the amount and purpose of the proposed transfer; and

(B)

added 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)

added 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)

added 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)

added Limitations—

(1)

added 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)

added 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)

added 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)

added Certification requirement—

(A)

added In general— No amounts in the Fund may be used pursuant to this section unless the President—

(i)

added 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)

added includes in such certification a justification therefor, which may be included in a classified annex, if necessary.

(B)

added Non-delegation— The President may not delegate any responsibility of the President under subparagraph (A).

(g)

added 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

added

(a)

added 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)

added support Ukraine’s resistance against Russian aggression; and

(2)

added buy down strategic risks.

(b)

added Elements of briefings—

(1)

added Briefings on US weapons— The Secretary of Defense shall provide to the congressional defense committees quarterly briefings that include each of the following:

(A)

added A timeline and budgetary estimate for developing and procuring replacement stocks of covered weapons for the United States.

(B)

added An identification of any opportunities to allow vendors to compete for agreements to produce next-generation weapons.

(C)

added An analysis of risks within the industrial base that provides support for covered weapons, and detailed options to mitigate those risks.

(D)

added 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)

added 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)

added 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)

added developing and procuring replacement stocks of covered weapons for allies and partners of the United States; and

(B)

added advancing the replenishment of weapons for such allies and partners that have provided, or are contemplating providing, such weapons to Ukraine.

(c)

added 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)

added Termination— The requirement to provide quarterly briefings under subsection (b)(1) shall terminate on December 31, 2026.

Sec. 2004 Directing the Secretary of Defense to continue military housing reforms

added

(a)

added In general— The Secretary of Defense shall consider—

(1)

added 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)

added purchasing multiple multi-family housing if this results in an additional lower cost.

(b)

added 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)

added 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. 2809A Supervision of large military construction projects

added

(a)

added Supervision of large military construction projects— Section 2851 of title 10, United States Code, is amended—

(1)

added by redesignating subsection (h) (as added by section 2809 of this Act) as subsection (i);

(2)

added by redesignating subsection (g) (as designated by section 2809 of this Act) as subsection (h);

(3)

added by inserting after subsection (f) section 2809 of this Act (as added by the following new subsection:

added “(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:

added “(1) A determination of the overall funding intended to manage the supervision, inspection, and overhead of the military construction project.

added “(2) An assessment of whether a Department of Defense Field Activity that shall directly report to such individual should be established.

added “(3) A description of the quality assurance approach to the military construction project.

added “(4) The independent cost estimate described in section 3221(b)(6)(A) of this title.

added “(5) The overall staffing approach to oversee the military construction project for each year of the contract term.”

(b)

added 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)

added in clause (iii), by striking “and” at the end;

(2)

added by adding at the end the following new clause:

added “(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

added

(a)

added Local hire requirements—

(1)

added 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)

added 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)

added 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)

added 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. 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)

changed upload visual media, including ~~images; and~~images;

(C)

changed include written ~~comments.~~comments; and

(D)

added 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)

added 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

added

(a)

added In general— Subchapter V of chapter 169 of title 10, United States Code, is amended by adding at the end the following new section:

added “2895. Screening and registry of individuals with health conditions resulting from unsafe housing units

added “(a) Screening

added “(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.

added “(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).

added “(b) Registry

added “(1) In general—The Secretary of Defense shall establish and maintain a registry of eligible individuals who have a covered condition.

added “(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.

added “(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.

added “(c) Definitions—In this section:

added “(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.

added “(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.

added “(3) The term unsafe housing unit means a dwelling unit that—

added “(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

added “(B) is not free from dangerous air pollution levels from mold.”

(b)

added 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:

Sec. 2817 Mandatory disclosure of presence of mold and health effects of mycotoxins before a lease is signed for privatized military housing

added

(a)

added In general— Subchapter V of chapter 169 of title 10, United States Code, is amended by inserting after section 2890 the following new section:

added “2890a. Disclosure of presence of mold and health effects of mycotoxins

added “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—

added “(1) whether there is any mold present in the housing unit at levels that could cause harmful impacts on human health; and

added “(2) information regarding the health effects of mycotoxins.”

(b)

added Clerical amendment— The table of sections for such subchapter is amended by inserting after the item relating to section 2890 the following new item:

Sec. 2818 Modification of prohibition on ownership or trading of stocks in certain companies by certain officials of the Department of Defense

added

added 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. 2824 Physical entrances to certain military installations

added

added The Secretary of Defense shall ensure that, to the extent practicable—

(1)

added 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)

added the location of each such designated main entrance is published on a publicly accessible Internet website of the Department;

(3)

added 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)

added 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

added

(a)

added 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):

added “2698. Access to military installations: standards for entry to military installations in United States

added “(a) Access to military installations in United States

added “(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—

added “(A) protocols and criteria to determine the fitness of the individual to enter an installation;

added “(B) standards and methods for verifying the identity of the individual; and

added “(C) other factors the Secretary determines appropriate.

added “(2) In developing the standards under paragraph (1), the Secretary shall, with respect to military installations in the United States—

added “(A) include procedures for recurring unescorted access to facilitate future visits to the installation for individuals who—

added “(i) are non-Department of Defense personnel; and

added “(ii) are determined to be eligible under such standards; and

added “(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.

added “(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.

added “(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.

added “(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—

added “(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

added “(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.

added “(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—

added “(1) identify the categories of covered individuals that may obtain such unescorted access;

added “(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.

added “(3) be consistent across military installations in the United States; and

added “(4) be in accordance with any privileges or benefits accorded under, procedures developed pursuant to, or requirements of, each covered provision and subsection (a).

added “(d) Physical entrances to certain military installations—The Secretary shall ensure that, to the extent practicable—

added “(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;

added “(2) the location of each such designated main entrance is published on a publicly accessible Internet website of the Department;

added “(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

added “(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.

added “(e) Reviews and submission to Congress—On a basis that is not less frequent than once every five years, the Secretary shall—

added “(1) review the standards and guidance under this section, and make such updates as may be determined appropriate by the Secretary; and

added “(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.

added “(f) Definitions—In this section:

added “(1) The term “covered individual” means, with respect to a military installation in the United States, the following:

added “(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.

added “(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.

added “(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.

added “(D) A motor carrier or household goods motor carrier providing transportation services for the United States Transportation Command.

added “(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.

added “(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—

added “(i) seeking access to an individual performing work at the installation who is a member of such labor organization—

added “(I) in connection with a specific military construction project, military family housing project, or Facilities Sustainment, Restoration, and Modernization project; or

added “(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

added “(ii) seeking access to an individual performing work at the installation for the purposes of soliciting such individual to join such labor organization.

added “(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.

added “(2) The term “covered provision” means the following:

added “(A) Chapter 54 of this title.

added “(B) Section 202 of the REAL ID Act of 2005 (Public Law 109–13; 49 U.S.C. 30301 note).

added “(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).

added “(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).

added “(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).

added “(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).

added “(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.

added “(4) The term “military installation” has the meaning given that term in section 2801 of this title.

added “(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.

added “(6) The term “United States” includes each State, as such term is defined in this subsection.”

(b)

added 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)

added 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)

added 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)

added 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)

added Technical and conforming amendments—

(1)

added 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)

added 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)

added in subsection (a), by striking “Department of Defense installations” and inserting “military installations in the United States”;

(B)

added in subsection (b), by striking “Department of Defense facilities” and inserting “military installations in the United States”; and

(C)

added by adding at the end the following new subsection:

added “(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. 2842 Study of military housing resilience and energy efficiency

added

(a)

added 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)

added Elements— The study shall include the following elements:

(1)

added 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)

added An inventory of all housing structures that are located in floodprone areas and within the Wildland-Urban Interface.

(3)

added 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)

added 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)

added 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)

added 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. 2862 Feasibility study for Blue Grass Chemical Agent-Destruction Pilot Plant

added

(a)

added 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)

added 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)

added Cost savings associated with repurposing existing infrastructure for Army or Department of Defense purposes.

(3)

added Opportunities to fulfil requirements for defense organic industrial base operations.

(4)

added Opportunities to fulfil requirements of Army Materiel Command strategic planning, including ammunition production.

(5)

added Opportunities to fulfil Army or Department of Defense modernization requirements.

(b)

added 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

added

(a)

added 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)

added Elements— The assessment required by subsection (a) shall include the following elements:

(1)

added Historical analysis of investments made in infrastructure used by supported components, including allocation of new infrastructure spending between supported and supporting components.

(2)

added 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)

added Efforts to address the priorities of the supported components through military construction and facility upgrades.

(4)

added 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

added

(a)

added 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)

added a description of the location, size, and condition of underground tunnels and facilities currently in use;

(2)

added a description of the location, size, and condition of unused underground tunnels and facilities;

(3)

added a description of any current proposed future uses for each of the unused underground tunnels and facilities, if any;

(4)

added a summary of existing unmet requirements for hardened underground facilities for each service; and

(5)

added efforts to coordinate across the services the assessments and potential future use of hardened underground facilities.

(b)

added 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

added

added 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)

added The programs and processes that exist at military installations located in foreign countries to manage relationships with the local community.

(2)

added Whether existing programs and authorities are effective at fostering positive community relations at military installations located in foreign countries.

(3)

added 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

added

added 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)

added A description of current Department of Defense naming conventions for military installations, infrastructure, vessels, and weapon systems.

(2)

added 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)

added 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

added

added 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

added

added 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)

added 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)

added 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)

added Any other information the Secretary determines to be relevant.

Sec. 2869 Reporting on lead service lines and lead plumbing

added

(a)

added 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)

added a description of the state of lead service lines and lead plumbing on military installations, military housing, and privatized military housing;

(2)

added 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)

added an identification of steps and resources needed to remove remaining lead service lines and lead plumbing in military installations and housing.

(b)

added 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. 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

changed “(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.~~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.

changed “(3) The term ~~eligible individual~~ “covered lead exposure” means ~~a member of a covered armed force or a family member of a member~~ lead exposure that is determined by the Secretary of ~~a covered armed force who has resided~~ Defense to have resulted from residing in an unsafe housing unit.

changed “(4) The term ~~unsafe housing unit~~ eligible individual means a ~~dwelling unit that—~~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.

added “(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:

removed

Sec. 2882 Ensuring that contractor employees on Army Corps projects are paid prevailing wages as required by law

added

added 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)

added 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)

added directs Army Corps districts to investigate worker complaints and third-party complaints within 30 days of the date of filing; and

(3)

added 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

added

added Section 166a(b) of title 10, United States Code, is amended by adding at the end the following new paragraphs:

added “(11) Climate resilience of military installations and essential civilian infrastructure.

added “(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

added

(a)

added 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)

added 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)

added 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)

added 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)

added 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. 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.”

(c)

Certifications— Such section is further amended—

(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.”

(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)

added Briefing—

(1)

added 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)

added 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. 3119 Funding for W80–4 life extension program

added

(a)

added 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)

added 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

added

(a)

added 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)

added 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)

added Exceptions— Subsection (c) of such section is amended to read as follows:

added “(c) Exceptions—Subsection (a) shall not apply to funds for purposes of conducting, or providing for the conduct of, any of the following:

added “(1) Research and development, or manufacturing and engineering, determined by the Secretary to be necessary to address proliferation concerns.

added “(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

added

added 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

added

(a)

added 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:

added “(7) To lead the technical nuclear forensics efforts of the United States.”

(b)

added 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. 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;

(C)

$6,800,000 is for training ship fuel assistance;

(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)

changed 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, ~~$25,000,000.~~$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. 5103 Sense of Congress regarding women who served as cadet nurses during World War II

added

(a)

added Findings— Congress makes the following findings:

(1)

added 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)

added 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)

added 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)

added In 1944, the Federal Security Agency identified “national recognition for rendering a vital war service” as a privilege of service in the Corps.

(5)

added By 1945, Cadet Nurses accounted for 80 percent of the domestic nursing workforce.

(6)

added The Cadet Nurse Corps has been credited with preventing the collapse of the domestic nursing workforce.

(b)

added 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)

added 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

added

(a)

added Findings— Congress finds the following:

(1)

added 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)

added 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)

added 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)

added 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)

added 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)

added Republic of Korea forces fought bravely throughout the theater and were known for their dedication, tenacity, and effectiveness on the battlefield.

(7)

added 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)

added 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)

added 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)

added 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

added

(a)

added Update of web portal to identify veterans who had medical occupations as members of the Armed Forces—

(1)

added 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)

added Information in portal—

(A)

added In general— An update to a portal under paragraph (1) shall allow a veteran to elect to provide the following information:

(i)

added Contact information for the veteran.

(ii)

added A history of the medical experience and trained competencies of the veteran.

(B)

added 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)

added 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)

added State departments of veterans affairs.

(2)

added Veterans service organizations.

(3)

added State credentialing bodies.

(4)

added State homes.

(5)

added Other stakeholders involved in State-level credentialing, as determined appropriate by the Secretary.

(c)

added Program on training of intermediate care technicians of Department of Veterans Affairs—

(1)

added Establishment— The Secretary shall implement a program to train covered veterans to work as intermediate care technicians of the Department.

(2)

added 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)

added 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)

added 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)

added 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)

added 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)

added Definitions— In this section:

(1)

added 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)

added 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

added

(a)

added 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)

added Administration— The Secretary of Veterans Affairs shall administer the pilot program under subsection (a).

(c)

added Positions— The Secretaries concerned shall—

(1)

added identify vacant positions in the respective Departments of the Secretaries that are appropriate to fill using the pilot program under subsection (a); and

(2)

added to the extent practicable, fill such positions using the pilot program.

(d)

added 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)

added 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)

added lessons learned under the Warrior Training Advancement Course of the Department of Veterans Affairs; and

(2)

added methods to realize cost savings based on such lessons learned.

(f)

added 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)

added Reports—

(1)

added 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)

added 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)

added 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)

added The number of veterans who applied to participate in the pilot program.

(B)

added The number of such veterans employed under the pilot program.

(C)

added 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)

added Any other information the Secretaries determine appropriate with respect to measuring the effectiveness of the pilot program.

(h)

added 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)

added Definitions— In this section:

(1)

added The term appropriate congressional committees means—

(A)

added the Committee on Veterans’ Affairs, the Committee on Agriculture, and the Committee on Natural Resources of the House of Representatives; and

(B)

added the Committee on Veterans’ Affairs, the Committee on Agriculture, Nutrition, and Forestry, and the Committee on Energy and Natural Resources of the Senate.

(2)

added 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)

added The term Secretary concerned means—

(A)

added the Secretary of Agriculture with respect to matters regarding the National Forest System and the Department of Agriculture; and

(B)

added 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

added

added 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

added

(a)

added 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)

added 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

added

(a)

added Training for claims processors who handle claims relating to post-traumatic stress disorder—

(1)

added 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)

added 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)

added Required elements— The training established under paragraph (1) shall include instruction on stressor development and verification.

(b)

added 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)

added 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)

added Formal process for conduct of annual studies—

(1)

added 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)

added Elements— Each study conducted under paragraph (1) shall cover the following:

(A)

added Military post-traumatic stress disorder stressors.

(B)

added Decision-making claims for claims processors.

(e)

added 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

added

(a)

added Establishment of registry—

(1)

added In general— Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall—

(A)

added 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)

added 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)

added develop a public information campaign to inform eligible individuals about the registry, including how to register and the benefits of registering; and

(D)

added periodically notify eligible individuals of significant developments in the study and treatment of conditions associated with exposure to PFAS.

(2)

added Coordination— The Secretary of Veterans Affairs shall coordinate with the Secretary of Defense in carrying out paragraph (1).

(b)

added Reports—

(1)

added 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)

added 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)

added Recommendations to improve the collection and maintenance of such information.

(C)

added 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)

added 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)

added An update to the initial report submitted under paragraph (1).

(B)

added 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)

added 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)

added 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)

added 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

added

(a)

added Establishment of Advisory Committee—

(1)

added In general— Subchapter III of chapter 5 of title 38, United States Code, is amended by adding at the end the following new section:

added “548. Advisory Committee on United States Outlying Areas and Freely Associated States

added “(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.

added “(b) Duties—The duties of the Committee shall be the following:

added “(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.

added “(2) To identify for the Secretary evolving issues of relevance to covered veterans.

added “(3) To propose clarifications, recommendations, and solutions to address issues raised by covered veterans.

added “(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.

added “(5) To identify priorities for and provide advice to the Secretary on appropriate strategies for consultation with veterans service organizations serving covered veterans.

added “(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.

added “(7) To highlight contributions of covered veterans in the Armed Forces.

added “(8) To conduct other duties as determined appropriate by the Secretary.

added “(c) Membership

added “(1) The Committee shall be comprised of 15 voting members appointed by the Secretary.

added “(2) In appointing members pursuant to paragraph (1), the Secretary shall ensure the following:

added “(A) At least one member is appointed to represent covered veterans in each of the following areas:

added “(i) American Samoa.

added “(ii) Guam.

added “(iii) Puerto Rico.

added “(iv) The Commonwealth of the Northern Mariana Islands.

added “(v) The Virgin Islands of the United States.

added “(vi) The Federated States of Micronesia.

added “(vii) The Republic of the Marshall Islands.

added “(viii) The Republic of Palau.

added “(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.

added “(C) Each member appointed resides in an area specified in subparagraph (A).

added “(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).

added “(d) Terms; vacancies

added “(1) A member of the Committee—

added “(A) shall be appointed for a term of two years; and

added “(B) may be reappointed to serve an additional 2-year term.

added “(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.

added “(e) Meeting format and frequency

added “(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.

added “(2) Meetings held under paragraph (1) may be conducted virtually if determined necessary based on—

added “(A) Department protocols; and

added “(B) timing and budget considerations.

added “(f) Additional Representation

added “(1) Representatives of relevant departments and agencies of the Federal Government may attend meetings of the Committee and provide information to the Committee.

added “(2) One representative of the Department shall attend each meeting of the Committee.

added “(3) Representatives attending meetings under this subsection—

added “(A) shall not be considered voting members of the Committee; and

added “(B) may not receive additional compensation for services performed with respect to the Committee.

added “(g) Subcommittees

added “(1) The Committee may establish subcommittees.

added “(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.

added “(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.

added “(h) Reports

added “(1) Not less frequently than once every 2 years, the Committee shall submit to the Secretary and the appropriate committees of Congress a report—

added “(A) containing such recommendations as the Committee may have for legislative or administrative action; and

added “(B) describing the activities of the Committee during the previous two years.

added “(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—

added “(A) giving the Committee an opportunity to review such written response; and

added “(B) including in such written response any comments the Committee considers appropriate.

added “(3) The Secretary shall make publicly available on an internet website of the Department—

added “(A) each report the Secretary receives under paragraph (1);

added “(B) each written response the Secretary submits under paragraph (2); and

added “(C) each report the Secretary receives under paragraph (3).

added “(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.

added “(j) Consultation—In carrying out this section, the Secretary shall consult with veterans service organizations serving covered veterans.

added “(k) Termination—The Committee shall terminate on the date that is 10 years after the date of the enactment of this section.

added “(l) Definitions—In this section:

added “(1) The term appropriate committees of Congress means—

added “(A) the Committee on Veterans’ Affairs of the House of Representatives; and

added “(B) the Committee on Veterans’ Affairs of the Senate.

added “(2) The term Committee means the Advisory Committee on United States Outlying Areas and Freely Associated States established under subsection (a).

added “(3) The term ‘covered veteran’ means a veteran residing in an area specified in subsection (c)(2)(A).

added “(4) The term ‘veterans service organization serving covered veterans’ means any organization that—

added “(A) serves the interests of covered veterans;

added “(B) has covered veterans in substantive and policymaking positions within the organization; and

added “(C) has demonstrated experience working with covered veterans.”

(2)

added 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:

(b)

added 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)

added 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)

added 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

added

added 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

added

added 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

added

(a)

added 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)

added 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)

added 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

added

added Section 109 of title 38, United States Code, is amended by adding at the end the following new subsection:

added “(d)

added “(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.

added “(2) A person described in this paragraph is a person whom the Secretary determines meets the following criteria:

added “(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.

added “(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

added

(a)

added 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)

added Covered individuals— For purposes of this section, a covered individual is—

(1)

added a member of the Armed Forces who is eligible for preseparation counseling under sections 1142 and 1144 of title 10, United States Code;

(2)

added a former member of the Armed Forces who is transitioning from service in the Armed Forces to civilian life; or

(3)

added a spouse of a member described in paragraph (1) or a former member described in paragraph (2).

(c)

added 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)

added Grants—

(1)

added 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)

added 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)

added 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)

added Selection of grant recipients—

(1)

added 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)

added 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)

added Use of funds— The recipient of a grant under the program shall use the grant to coordinate for covered individuals the following:

(1)

added Career and training services, including the provision of such services available through the workforce development system.

(2)

added Mental health services.

(3)

added Legal assistance.

(4)

added Supportive services.

(5)

added Assistance with accessing benefits provided under laws administered by the Secretary of Veterans Affairs.

(6)

added Non-clinical case management.

(7)

added Entrepreneurship training.

(8)

added 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)

added 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)

added Authorization of appropriations— There is authorized to be appropriated $10,000,000 to carry out this section.

(j)

added Definitions— In this section:

(1)

added 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)

added 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)

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

(4)

added 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

added

(a)

added 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)

added Matters included— The study under subsection (a) shall include the following:

(1)

added 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)

added 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)

added 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).

(c)

added Submission—

(1)

added 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)

added 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)

added 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)

added any recommendations of the Secretary.

(3)

added Form— The report under paragraph (2) shall be submitted in unclassified form.

(d)

added 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

added

(a)

added 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)

added the cost of including such names; and

(2)

added whether there is sufficient space on the Wall for the inclusion of such names.

(b)

added 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

added

added Section 1722A(a)(2) of title 38, United States Code, is amended—

(1)

added by striking “to pay” and all that follows through the period and inserting “to pay—”; and

(2)

added by adding at the end the following new subparagraphs:

added “(A) an amount in excess of the cost to the Secretary for medication described in paragraph (1); or

added “(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

added

(a)

added Requirement— Chapter 17 of title 38, United States Code, is amended—

(1)

added by redesignating section 1706A as section 1706B; and

(2)

added by inserting after section 1706 the following new section:

added “1706A. Management of health care: timely scheduling of appointments at Department facilities

added “(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).

added “(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)

added 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:

(c)

added 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

added

(a)

added 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)

added 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)

added complete forms reflecting such recommendations and opinions.

(b)

added 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

added

added 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

added

added Section 111(g) of title 38, United States Code, is amended—

(1)

added 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)

added by striking “to be” and inserting “to be at least”; and

(3)

added by striking paragraph (2).

Sec. 5124 Improvement of Vet Centers at Department of Veterans Affairs

added

(a)

added Productivity expectations for readjustment counselors of Vet Centers—

(1)

added 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)

added Any potential effects of productivity expectations, whether positive or negative, on client care and the welfare of readjustment counselors.

(B)

added Distances readjustment counselors may travel to appointments, especially with respect to serving rural veterans.

(C)

added The possibility that some veterans may not want to use nor benefit from telehealth or group counseling.

(D)

added Availability and access of veteran populations to broadband and telehealth.

(E)

added Any effect of productivity expectations on readjustment counselors, including with respect to recruitment, retention, and welfare.

(F)

added Whether productivity expectations provide incentives or pressure to inaccurately report client visits.

(G)

added Whether directors and readjustment counselors of Vet Centers need additional training or guidance on how productivity expectations are calculated.

(H)

added Such other criteria as the Secretary considers appropriate.

(2)

added Systematic feedback—

(A)

added In general— The Secretary shall—

(i)

added 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)

added 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)

added collect and safely store the feedback obtained under paragraph (1)—

(I)

added in an electronic database that cannot be altered by any party;

(II)

added in an anonymized manner, in order to protect the privacy of each respondent; and

(III)

added 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)

added provide the feedback obtained under paragraph (1) in an anonymized manner to the working group established under subsection (c).

(B)

added 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)

added 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)

added quality of care and access to care for veterans; and

(B)

added the welfare of readjustment counselors.

(4)

added 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)

added the findings of the evaluation; and

(B)

added any planned or implemented changes described in paragraph (3).

(5)

added Plan for reassessment and implementation—

(A)

added 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)

added reassessing productivity expectations for readjustment counselors of Vet Centers, in consultation with such counselors; and

(ii)

added implementing any needed changes to such expectations, as the Secretary determines appropriate.

(B)

added 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)

added Staffing model for Vet Centers—

(1)

added 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)

added Elements— In developing the staffing model under paragraph (1), the Secretary shall—

(A)

added involve key stakeholders, including readjustment counselors, outreach specialists, and directors of Vet Centers;

(B)

added incorporate key work activities and the frequency and time required to conduct such activities;

(C)

added ensure the data used in the model is high quality to provide assurance that staffing estimates are reliable; and

(D)

added incorporate—

(i)

added risk factors, including case complexity;

(ii)

added geography;

(iii)

added availability, advisability, and willingness of veterans to use telehealth or group counseling; and

(iv)

added such other factors as the Secretary considers appropriate.

(3)

added 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)

added assessing and updating the staffing model developed and implemented under paragraph (1) not less frequently than once every four years; and

(B)

added implementing any needed changes to such model, as the Secretary determines appropriate.

(c)

added Working group of readjustment counselors, outreach specialists, and directors of Vet Centers—

(1)

added 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)

added the efficacy, impact, and composition of performance metrics for such expectations with respect to—

(i)

added quality of care and access to care for veterans; and

(ii)

added the welfare of readjustment counselors and other employees of Vet Centers; and

(B)

added key considerations for the development of such staffing model, including with respect to—

(i)

added quality of care and access to care for veterans and other individuals eligible for care through Vet Centers; and

(ii)

added recruitment, retention, and welfare of employees of Vet Centers.

(2)

added Membership— The working group established under paragraph (1) shall be composed of readjustment counselors, outreach specialists, and directors of Vet Centers.

(3)

added Feedback and recommendations— The working group established under paragraph (1) shall provide to the Secretary—

(A)

added feedback from readjustment counselors, outreach specialists, and directors of Vet Centers; and

(B)

added recommendations on how to improve—

(i)

added quality of care and access to care for veterans; and

(ii)

added the welfare of readjustment counselors and other employees of Vet Centers.

(d)

added Improvements of hiring practices at Vet Centers—

(1)

added Standardization of position descriptions—

(A)

added 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)

added 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)

added 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:

added “(D) A description of actions taken by the Secretary to reduce—

added “(i) vacancies in counselor positions in the Readjustment Counseling Service; and

added “(ii) the time it takes to hire such counselors.”

(e)

added Report by Government Accountability Office on Vet Center infrastructure and future investments—

(1)

added 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)

added Elements— The report required by paragraph (1) shall include the following:

(A)

added An assessment of—

(i)

added the condition of the physical infrastructure of all assets of Vet Centers, whether owned or leased by the Department of Veterans Affairs; and

(ii)

added 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)

added 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)

added 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)

added An assessment of the areas with the greatest need for investments in—

(i)

added improved physical infrastructure, including upgraded Vet Centers; or

(ii)

added additional physical infrastructure for Vet Centers, including new Vet Centers owned or leased by the Department.

(E)

added A description of the authorities and resources that may be required for the Secretary to make such investments.

(F)

added 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)

added Pilot program to combat food insecurity among veterans and family members of veterans—

(1)

added 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)

added 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)

added 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)

added Eligible entities— For purposes of the pilot program, an eligible entity is—

(A)

added a nonprofit organization;

(B)

added an organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code;

(C)

added a public agency;

(D)

added a community-based organization; or

(E)

added an institution of higher education.

(5)

added 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)

added 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)

added Capacity of the applicant entity to serve veterans and family members of veterans.

(B)

added Demonstrated need of the population the applicant entity would serve.

(C)

added Demonstrated need of the applicant entity for assistance from the grant.

(D)

added Such other criteria as the Secretary considers appropriate.

(7)

added Distribution— The Secretary shall ensure, to the extent practicable, an equitable geographic distribution of grants awarded under this subsection.

(8)

added Minimum program requirements— Any grant awarded under this subsection shall be used—

(A)

added 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)

added 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)

added 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)

added to fulfill such other criteria as the Secretary considers appropriate to further the purpose of the grant and serve veterans.

(9)

added 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)

added 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)

added other services provided by the entity to veterans and family members of veterans using funds from the grant; and

(C)

added such other data as the Secretary may require.

(10)

added 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)

added Government Accountability Office report—

(A)

added 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)

added Elements— The report required by subparagraph (A) shall include the following:

(i)

added A summary of the activities carried out under this subsection.

(ii)

added 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)

added 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)

added An assessment of the feasibility and advisability of making the pilot program permanent and expanding to other locations.

(12)

added Authorization of appropriations—

(A)

added 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)

added 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)

added Definitions— In this subsection:

(A)

added The term appropriate committees of Congress means—

(i)

added the Committee on Veterans’ Affairs, the Committee on Appropriations, and the Committee on Agriculture, Nutrition, and Forestry of the Senate; and

(ii)

added the Committee on Veterans’ Affairs, the Committee on Appropriations, and the Committee on Agriculture of the House of Representatives.

(B)

added The term facilities of the Department has the meaning given that term in section 1701(3) of title 38, United States Code.

(C)

added 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)

added The term public agency means a department, agency, other unit, or instrumentality of Federal, State, Tribal, or local government.

(E)

added The term State has the meaning given that term in section 101(20) of title 38, United States Code.

(F)

added 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)

added 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

added

(a)

added 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)

added 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

added

(a)

added 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)

added 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)

added A description of the process used by the Veterans Health Administration for documenting implantable medical devices issued to patients.

(2)

added 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)

added 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)

added An evaluation of the accessibility of the adverse event reporting systems of the Veterans Health Administration for patients with disabilities.

(5)

added 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

added

added Section 7451(c) of title 38, United States Code, is amended by adding at the end the following new paragraph:

added “(4)

added “(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.

added “(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

added

(a)

added 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)

added Eligible organizations— To be eligible to receive a grant under the program, an organization shall be a veterans service organization that—

(1)

added 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)

added submits to the Secretary an application in such form, at such time, and containing such information as the Secretary determines appropriate, including—

(A)

added information demonstrating the loss specified in paragraph (1); and

(B)

added a plan for the use of such grant.

(c)

added 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)

added Rent.

(2)

added Utilities.

(3)

added Scheduled mortgage payments.

(4)

added Scheduled debt payments.

(5)

added 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)

added 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)

added 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)

added Definitions— In this section:

(1)

added The term “covered 2019 period” means the period beginning on April 1, 2019, and ending on December 31, 2019.

(2)

added The term “covered 2020 period” means the period beginning on April 1, 2020, and ending on December 31, 2020.

(3)

added 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)

added 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

added

(a)

added 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)

added Comprehensive housing affordability strategies—

(1)

added In general— Section 105 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705) is amended—

(A)

added 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)

added in subsection (b)(20), by striking “and service” and inserting “veterans service, and other service”; and

(C)

added 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)

added 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

added

(a)

added 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)

added The Committee on Banking, Housing, and Urban Affairs of the Senate.

(2)

added The Committee on Veterans' Affairs of the Senate.

(3)

added The Committee on Appropriations of the Senate.

(4)

added The Committee on Financial Services of the House of Representatives.

(5)

added The Committee on Veterans' Affairs of the House of Representatives.

(6)

added The Committee on Appropriations of the House of Representatives.

(7)

added The Secretary of Veterans Affairs.

(b)

added Contents— Each report required under subsection (a) shall include the following information with respect to the year for which the report is submitted:

(1)

added 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)

added 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)

added 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)

added A description of the activities of the Special Assistant for Veterans Affairs.

(5)

added 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)

added The cost to the Department of Housing and Urban Development of administering the programs and activities relating to veterans.

(7)

added 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.

(c)

added Assessment of housing needs of very low-Income veteran families—

(1)

added 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)

added conduct an assessment of the housing needs of very low-income veteran families (as such term is defined in paragraph 5); and

(B)

added shall include in each such report findings regarding such assessment.

(2)

added Content— Each assessment under this subsection shall include—

(A)

added 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)

added socioeconomic characteristics of such veteran families;

(ii)

added barriers to such veteran families obtaining safe, quality, and affordable housing;

(iii)

added levels of homelessness among such veteran families; and

(iv)

added levels and circumstances of, and barriers to, receipt by such veteran families of rental housing and homeownership assistance; and

(B)

added 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)

added 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)

added 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)

added 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

added

(a)

added 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:

added “534. Merchant Mariner Equity Compensation Fund

added “(a) Compensation Fund

added “(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).

added “(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.

added “(b) Eligible Individuals

added “(1) An eligible individual is an individual who—

added “(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;

added “(B) has not received benefits under the Servicemen's Readjustment Act of 1944 (Public Law 78–346); and

added “(C) has engaged in qualified service.

added “(2) For purposes of paragraph (1), a person has engaged in qualified service if, between December 7, 1941, and December 31, 1946, the person—

added “(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—

added “(i) operated by the War Shipping Administration or the Office of Defense Transportation (or an agent of the Administration or Office);

added “(ii) operated in waters other than inland waters, the Great Lakes, and other lakes, bays, and harbors of the United States;

added “(iii) under contract or charter to, or property of, the Government of the United States; and

added “(iv) serving the Armed Forces; and

added “(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.

added “(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.

added “(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.

added “(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.

added “(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.

added “(f) Regulations—The Secretary shall prescribe regulations to carry out this section.”

(b)

added 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)

added 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:

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

added

added Section 1710(a)(2)(E) of title 38, United States Code, is amended—

(1)

added by striking “of the Mexican border period or of World War I;” and inserting “of—”; and

(2)

added by adding at the end the following new clauses:

added “(i) the Mexican border period;

added “(ii) World War I; or

added “(iii) World War II;”

Sec. 5133 Pilot program on cybersecurity training for veterans and military spouses

added

(a)

added 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)

added Elements— The cybersecurity training provided under the pilot program shall include—

(1)

added coursework and training that, if applicable, qualifies for postsecondary credit toward an associate or baccalaureate degree at an institution of higher education;

(2)

added virtual learning opportunities;

(3)

added hands-on learning and performance-based assessments;

(4)

added Federal work-based learning opportunities and programs; and

(5)

added the provision of recognized postsecondary credentials to eligible individuals who complete the pilot program.

(c)

added Eligibility—

(1)

added In general— To be eligible for the pilot program under this section an individual shall be—

(A)

added 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)

added 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

(C)

added an eligible spouse described in section 1784a(b) of title 10, United States Code.

(2)

added 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)

added 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)

added Coordination—

(1)

added 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)

added 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)

added opportunities to acquire and demonstrate competencies; and

(B)

added the capabilities necessary to qualify for Federal employment.

(f)

added Resources—

(1)

added In general— In any case in which the pilot program—

(A)

added 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)

added 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)

added Actions— In carrying out paragraph (1), the Secretary of Homeland Security may provide additional funding, staff, or other resources to—

(A)

added recruit and retain women, underrepresented minorities, and individuals from other underrepresented communities;

(B)

added provide administrative support for basic functions of the pilot program;

(C)

added ensure the success and ongoing engagement of eligible individuals participating in the pilot program;

(D)

added connect participants who complete the pilot program to job opportunities within the Federal Government; and

(E)

added 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)

added Reports—

(1)

added 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)

added a description of—

(i)

added any activity carried out by the Department of Homeland Security under this section; and

(ii)

added the existing training, platforms, and frameworks of the Federal Government leveraged in accordance with subsection (e)(1); and

(B)

added an assessment of the results achieved by the pilot program, including—

(i)

added the admittance rate into the pilot program;

(ii)

added the demographics of participants in the program, including representation of women, underrepresented minorities, and individuals from other underrepresented communities;

(iii)

added 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)

added as applicable, the transfer rates to other academic or vocational programs, and certifications and licensure exam passage rates;

(v)

added the rate of continued employment within a Federal agency for participants after completing the pilot program;

(vi)

added the rate of continued employment for participants after completing the pilot program; and

(vii)

added the median annual salary of participants who completed the pilot program and were subsequently employed.

(2)

added 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)

added Definitions— In this section:

(1)

added 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)

added 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)

added The term veteran has the meaning given the term in section 101 of title 38, United States Code.

(4)

added 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)

added 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)

added 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

added

(a)

added 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)

added 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)

added 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)

added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—

(1)

added the Committees on Armed Services of the House of Representatives and the Senate; and

(2)

added the Committees on Veterans’ Affairs of the House of Representatives and the Senate.

Sec. 5206 Critical technology security centers

added

(a)

added 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:

added “323. Critical Technology Security Centers

added “(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.

added “(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:

added “(1) The security of information and communications technology that underpins national critical functions related to communications.

added “(2) The security of networked industrial equipment, such as connected programmable data logic controllers and supervisory control and data acquisition servers.

added “(3) The security of open source software that underpins national critical functions.

added “(4) The security of critical software used by the Federal Government.

added “(c) Addition or termination of centers

added “(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.

added “(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.

added “(d) Selection of critical technologies

added “(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.

added “(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.

added “(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:

added “(1) Conducting rigorous security testing to identify vulnerabilities in such technologies.

added “(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.

added “(3) Developing new capabilities for improving the security of such technologies, including vulnerability discovery, management, and mitigation.

added “(4) Assessing the security of software, firmware, and hardware that underpin national critical functions.

added “(5) Supporting existing communities of interest, including through grant making, in remediating vulnerabilities discovered within such technologies.

added “(6) Utilizing findings to inform and support the future work of the Cybersecurity and Infrastructure Security Agency.

added “(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:

added “(1) Developing capabilities that can detect or eliminate entire classes of vulnerabilities.

added “(2) Testing for vulnerabilities in the most widely used technology or vulnerabilities that affect many such critical technologies.

added “(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—

added “(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

added “(2) are published on the website of each such Center.

added “(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.

added “(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).

added “(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).

added “(k) Open source software security grants

added “(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.

added “(2) Improvements—A grant awarded under paragraph (1) may include improvements such as the following:

added “(A) Security audits.

added “(B) Funding for developers to patch vulnerabilities.

added “(C) Addressing code, infrastructure, and structural weaknesses, including rewrites of open source software components in memory-safe programming languages.

added “(D) Research and tools to assess and improve the overall security of the open source software ecosystem, such as improved software fault isolation techniques.

added “(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.

added “(3) Priority—In awarding grants under paragraph (1), a Critical Technology Security Center shall prioritize, to the greatest extent practicable, the following:

added “(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).

added “(B) Activities that most promote the long-term security of the open source software ecosystem.

added “(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:

added “(1) A summary of the work performed by such Center.

added “(2) Information relating to the allocation of Federal funds at such Center.

added “(3) A description of each vulnerability that has been publicly disclosed pursuant to subsection (g), including information relating to the corresponding software weakness.

added “(4) An assessment of the criticality of each such vulnerability.

added “(5) A list of critical technologies studied by such Center.

added “(6) An overview of the methodologies used by such Center, such as tactics, techniques, and procedures.

added “(7) A description of such Center’s development of capabilities for vulnerability discovery, management, and mitigation.

added “(8) A summary of such Center’s support to existing communities of interest, including an accounting of dispersed grant funds.

added “(9) For such Center, if applicable, a summary of any grants awarded during the period covered by the report that includes the following:

added “(A) An identification of the entity to which each such grant was awarded.

added “(B) The amount of each such grant.

added “(C) The purpose of each such grant.

added “(D) The expected impact of each such grant.

added “(10) The coordinated vulnerability disclosure processes established by such Center.

added “(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.

added “(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:

added “(1) The National Institute of Standards and Technology.

added “(2) The National Science Foundation.

added “(3) Relevant agencies within the Department of Energy.

added “(4) Relevant agencies within the Department of Defense.

added “(o) Authorization of appropriations—There are authorized to be appropriated to carry out this section the following:

added “(1) $40,000,000 for fiscal year 2023.

added “(2) $42,000,000 for fiscal year 2024.

added “(3) $44,000,000 for fiscal year 2025.

added “(4) $46,000,000 for fiscal year 2026.

added “(5) $49,000,000 for fiscal year 2027.

added “(p) Definitions—In this section:

added “(1) Appropriate congressional committees—The term “appropriate congressional committees” means—

added “(A) the Committee on Homeland Security of the House of Representatives; and

added “(B) the Committee on Homeland Security and Governmental Affairs of the Senate.

added “(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.

added “(3) Critical technology—The term “critical technology” means technology that underpins one or more national critical functions.

added “(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.

added “(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.

added “(6) Director—The term “Director” means the Director of the Cybersecurity and Infrastructure Security Agency.”

(b)

added 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:

added “(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)

added 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. 5207 Systemically important entities

added

(a)

added 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:

added “2220D. Procedure for designation of systemically important entities

added “(a) Establishment of criteria and procedures

added “(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.

added “(2) Consideration—In establishing the criteria for designation under paragraph (1), the Secretary shall consider the following:

added “(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.

added “(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.

added “(C) The entity’s role and prominence within critical supply chains or in the delivery of critical functions.

added “(D) Any other factors the Secretary determines appropriate.

added “(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.

added “(b) Designation of systemically important entities

added “(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.

added “(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.

added “(3) Register—The Secretary shall maintain and routinely update a list, or register, of such entities, with contact information.

added “(4) Limitations

added “(A) In general—The number of designated entities shall not exceed 200 in total.

added “(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—

added “(i) such number does not exceed 150 percent of the prior maximum;

added “(ii) the Secretary publishes such new maximum number in the Federal Register; and

added “(iii) such new maximum number has not been changed in the immediately preceding four years.

added “(c) Redress

added “(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—

added “(A) the designation of a facility, system, or asset as systemically important critical infrastructure;

added “(B) the determination that a facility, system, or asset no longer constitutes systemically important critical infrastructure; or

added “(C) a final judgment entered in a civil action seeking judicial review brought in accordance with paragraph (2).

added “(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.

added “(d) Reporting for systemically important entities

added “(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.

added “(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.

added “(3) Reported information—The requirements under paragraph (2) may include obligations for systemically important entities to—

added “(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;

added “(B) associate specific third-party entities with the supply chain dependencies identified under subparagraph (A);

added “(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

added “(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.

added “(4) Duplicative requirements

added “(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.

added “(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.

added “(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.

added “(e) Intelligence support to systemically important entities

added “(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.

added “(2) Interdependencies and risk identification—In establishing the process under paragraph (1), the Secretary, acting through the Director, shall incorporate methods and procedures—

added “(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—

added “(i) common technologies, including hardware, software, and services, used within systemically important entities;

added “(ii) critical lines of businesses, services, processes, and functions on which multiple systemically important entities are dependent;

added “(iii) specific technologies, components, materials, or resources on which multiple systemically important entities are dependent; and

added “(iv) Federal, State, local, Tribal, or territorial government services, functions, and processes on which multiple systemically important entities are dependent; and

added “(B) to associate specific systemically important entities with the information identified under subparagraph (A),

added “(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—

added “(A) provide indications and warning to systemically important entities regarding nation-state adversary cyber operations relevant to information identified under paragraph (2)(A); and

added “(B) to identify information needs for the cyber defense efforts of such entities.

added “(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.

added “(5) Intelligence sharing

added “(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.

added “(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—

added “(i) to such entity, or to a system, asset, or facility such entity owns or operates; or

added “(ii) to national security, economic security, or public health and safety relevant to such entity.

added “(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.

added “(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—

added “(i) provides an overview of the intelligence information shared with systemically important entities; and

added “(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.

added “(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.

added “(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.

added “(g) Incident response—In the event that a systemically important entity experiences a serious cyber incident, the Secretary shall—

added “(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;

added “(2) maintain routine or continuous contact with such entity to monitor developments related to such incident;

added “(3) assist in incident response, mitigation, and recovery efforts;

added “(4) ascertain evolving needs of such entity; and

added “(5) prioritize voluntary incident response and technical assistance for such covered entity.

added “(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.

added “(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—

added “(1) assess performance and improve the capabilities and procedures of government and systemically important entities to respond to a major cyber incident; and

added “(2) clarify specific roles, responsibilities, and authorities of government and systemically important entities when responding to such an incident.

added “(j) Interagency Council for Critical Infrastructure Cybersecurity Coordination

added “(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”).

added “(2) Chairs—The Council shall be co-chaired by—

added “(A) the Secretary, acting through the Director; and

added “(B) the National Cyber Director.

added “(3) Membership—The Council shall be comprised of representatives from the following:

added “(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.

added “(B) Sector Risk Management Agencies.

added “(C) The National Institute of Standards and Technology.

added “(4) Functions—The Council shall be responsible for the following:

added “(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).

added “(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.

added “(C) Facilitating information sharing and, where applicable, coordination on the development of cybersecurity policy, rulemaking, examinations, reporting requirements, enforcement actions, and information sharing practices.

added “(D) Recommending to members of the council general supervisory priorities and principles reflecting the outcome of discussions among such members.

added “(E) Identifying gaps in regulation that could invite cybersecurity risks to critical infrastructure, and as appropriate, developing legislative proposals to resolve such regulatory gaps.

added “(F) Providing a forum for discussion and analysis of emerging cybersecurity developments and cybersecurity regulatory issues.

added “(5) Principles—In carrying out the activities under paragraph (4), the Council shall seek to harmonize regulations in a way that—

added “(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;

added “(B) is consistent with national cyber policy and strategy, including the National Cyber Strategy;

added “(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

added “(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.

added “(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.

added “(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.

added “(k) Study on performance goals for systemically important entities

added “(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.

added “(2) Areas of interest—The study required under paragraph (1) shall evaluate how the performance benchmarks referred to in such paragraph can be—

added “(A) flexible, nonprescriptive, risk-based, and outcome-focused;

added “(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;

added “(C) applicable and appropriate across critical infrastructure sectors, but also adaptable and augmentable to develop tailored, sector-specific cybersecurity performance goals; and

added “(D) reflective of existing industry best practices, standards, and guidelines to the greatest extent possible.

added “(l) Definitions—In this section:

added “(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).

added “(2) Director—The term “Director” means the Director of the Cybersecurity and Infrastructure Security Agency.

added “(3) Sector Risk Management Agency—The term “Sector Risk Management Agency” has the meaning given such term is section 2201.

added “(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)

added 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. 5208 GAO review of Department of Homeland Security efforts related to establishing space as a critical infrastructure sector

added

added 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)

added 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)

added The status of efforts by the Department of Homeland Security, if any, to establish space as a critical infrastructure sector.

(3)

added 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

added

(a)

added Study—

(1)

added 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)

added 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)

added 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)

added the resources made available to the public by Federal agencies to address cybersecurity risks and cybersecurity threats to commercial satellite systems;

(C)

added 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)

added the extent to which Federal agencies coordinate or duplicate authorities and take other actions focused on the cybersecurity of commercial satellite systems.

(3)

added 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)

added the Department of Homeland Security;

(B)

added the Department of Commerce;

(C)

added the Department of Defense;

(D)

added the Department of Transportation;

(E)

added the Department of State;

(F)

added the Federal Communications Commission;

(G)

added the National Aeronautics and Space Administration;

(H)

added the National Executive Committee for Space-Based Positioning, Navigation, and Timing; and

(I)

added the National Space Council.

(4)

added 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)

added Classification— The report under paragraph (2) shall be submitted in unclassified form, but may include a classified annex.

(b)

added CISA commercial satellite system cybersecurity clearinghouse—

(1)

added Establishment—

(A)

added 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)

added Requirements— The clearinghouse shall—

(i)

added be publicly available online;

(ii)

added 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)

added include materials specifically aimed at assisting small business concerns with the secure development, operation, and maintenance of commercial satellite systems.

(C)

added 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)

added Consolidation of commercial satellite system cybersecurity recommendations—

(A)

added In general— The Director shall consolidate voluntary cybersecurity recommendations designed to assist in the development, maintenance, and operation of commercial satellite systems.

(B)

added Requirements— The recommendations consolidated under subparagraph (A) shall include, to the greatest extent practicable, materials addressing the following:

(i)

added Risk-based, cybersecurity-informed engineering, including continuous monitoring and resiliency.

(ii)

added Planning for retention or recovery of positive control of commercial satellite systems in the event of a cybersecurity incident.

(iii)

added Protection against unauthorized access to vital commercial satellite system functions.

(iv)

added Physical protection measures designed to reduce the vulnerabilities of a commercial satellite system’s command, control, or telemetry receiver systems.

(v)

added Protection against jamming or spoofing.

(vi)

added Security against threats throughout a commercial satellite system’s mission lifetime.

(vii)

added Management of supply chain risks that affect the cybersecurity of commercial satellite systems.

(viii)

added 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)

added Risks of a strategic competitor becoming dominant in the commercial satellite sector.

(x)

added Any other recommendations to ensure the confidentiality, availability, and integrity of data residing on or in transit through commercial satellite systems.

(3)

added Implementation— In implementing this subsection, the Director shall—

(A)

added to the extent practicable, carry out such implementation as a public-private partnership;

(B)

added coordinate with the heads of appropriate Federal agencies with expertise and experience in satellite operations, including the entities described in subsection (a)(3);

(C)

added 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)

added consider entering into an agreement with a non-Federal organization to manage and operate the clearinghouse.

(c)

added Definitions— In this section:

(1)

added The term “appropriate congressional committees” means—

(A)

added 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)

added 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)

added The term clearinghouse means the commercial satellite system cybersecurity clearinghouse required to be developed and maintained under subsection (b)(1).

(3)

added 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)

added 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)

added 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)

added 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)

added The term Director means the Director of the Cybersecurity and Infrastructure Security Agency.

(8)

added 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

added

(a)

added 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)

added target and detect illicit fentanyl and its precursors, including low-purity fentanyl, especially in counterfeit pressed tablets, and illicit pill press molds;

(2)

added enhance targeting of counterfeit pills through nonintrusive, noninvasive, and other visual screening technologies; and

(3)

added enhance data-driven targeting to increase seizure rates of fentanyl and its precursors.

(b)

added Evaluation of current technologies and strategies in illicit drug interdiction and procurement decisions—

(1)

added 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)

added Reports—

(A)

added 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)

added 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)

added contains a cost-benefit analysis of technologies used in drug interdiction; and

(iii)

added describes how such analysis may be used when making procurement decisions relating to such technologies.

(B)

added 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

added

(a)

added 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)

added An analysis of the state of Puerto Rico’s electric grid, including the following:

(A)

added A list of projects in order of priority, estimated cost, and estimated time necessary for completion.

(B)

added An analysis of the measures taken by the Federal Government to expedite such rebuilding and the effectiveness of such measures.

(C)

added Information relating to the amount of funds that have been allocated and the amount of funds that have been disbursed.

(D)

added An analysis of how the Federal Government can provide further assistance in expediting such rebuilding.

(2)

added An analysis of the state of Puerto Rico’s renewable energy generation and storage capacities, including the following:

(A)

added A list of current and expected projects focused on renewable energy generation and storage.

(B)

added 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)

added An analysis of challenges for improving Puerto Rico’s renewable energy capacity and recommendations for addressing such challenges.

(D)

added 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)

added 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)

added Recommendations, as appropriate, for power companies and governments to reduce the number of outages and blackouts.

(4)

added Proposals, as appropriate, for legislative actions and funding needed to improve the process of fund disbursement for critical projects related to electric grids.

(5)

added A plan for expediting such rebuilding by not later than three months after the report is so submitted.

(b)

added 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

added

added 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

added

(a)

added Definitions— In this section:

(1)

added 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)

added Director— The term “Director” shall refer to the Director of the Cybersecurity and Infrastructure Security Agency.

(3)

added 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)

added 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)

added 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)

added SolarWinds investigation and report—

(1)

added 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)

added Elements— In carrying out subsection (b), the Director shall review the following:

(A)

added 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)

added 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)

added 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)

added Implementation of Executive Order 14028 (Improving the Nation’s Cybersecurity (May 12, 2021)).

(E)

added 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)

added 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)

added Findings for each of the elements specified in subsection (b).

(2)

added Recommendations to address security gaps, improve incident response efforts, and prevent similar cyber incidents.

(3)

added 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)

added 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

added

added Subsection (b) of section 2202 of the Homeland Security Act of 2002 (6 U.S.C. 652) is amended—

(1)

added 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)

added by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and

(3)

added by inserting after paragraph (1) the following new paragraph:

added “(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

added

(a)

added Report—

(1)

added 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)

added Elements— The assessment required under paragraph (1) shall include the following:

(A)

added An assessment with respect to the feasibility and advisability of establishing a CBP Preclearance facility in Taiwan.

(B)

added An assessment with respect to the national security, homeland security, and law enforcement benefits of establishing a CBP Preclearance facility in Taiwan.

(C)

added An assessment of the impacts preclearance operations in Taiwan will have with respect to—

(i)

added trade and travel, including impacts on passengers traveling to the United States; and

(ii)

added CBP staffing.

(D)

added Country-specific information relating to—

(i)

added anticipated benefits to the United States; and

(ii)

added security vulnerabilities associated with such preclearance operations.

(b)

added Definitions— In this section—

(1)

added The term “appropriate congressional committees” means—

(A)

added the Committee on Homeland Security, the Committee on Financial Services, and the Committee on Ways and Means of the House of Representatives; and

(B)

added the Committee on Commerce, Science, and Transportation, the Committee on Finance, and the Joint Committee on Taxation of the Senate.

(2)

added The term “CBP” means U.S. Customs and Border Protection.

Sec. 5216 Human trafficking training

added

(a)

added 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:

added “884A. Human trafficking training

added “(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.

added “(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:

added “(1) An in-depth understanding of the definition of human trafficking.

added “(2) An ability to recognize indicators of human trafficking.

added “(3) Information on industries and common locations known for human trafficking.

added “(4) Human trafficking response measures, including a victim-centered approach.

added “(5) Human trafficking reporting protocols.

added “(6) An overview of Federal statutes and applicable State law related to human trafficking.

added “(7) Additional resources to assist with suspected human trafficking cases, as necessary.

added “(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.

added “(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.

added “(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).

added “(f) Authorization of appropriations—There is authorized to be appropriated $2,300,000 for each of fiscal years 2023 through 2028.”

(b)

added 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)

added 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. 5306 Preliminary damage assessment

added

(a)

added Findings— Congress finds the following:

(1)

added Preliminary damage assessments play a critical role in assessing and validating the impact and magnitude of a disaster.

(2)

added 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)

added 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)

added 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)

added Report to congress—

(1)

added 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)

added Contents— The report described in paragraph (1) shall contain the following:

(A)

added The process of the Federal Emergency Management Agency for deploying personnel to support preliminary damage assessments.

(B)

added The number of Agency staff participating on disaster assessment teams.

(C)

added The training and experience of such staff described in subparagraph (B).

(D)

added A calculation of the average amount of time disaster assessment teams described in subparagraph (A) are deployed to a disaster area.

(E)

added The efforts of the Agency to maintain a consistent liaison between the Agency and State, local, tribal, and territorial officials within a disaster area.

(c)

added Preliminary damage assessment—

(1)

added 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)

added Membership—

(A)

added 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)

added 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)

added Considerations— The advisory panel convened under paragraph (1) shall—

(A)

added consider—

(i)

added establishing a training regime to ensure preliminary damage assessments are conducted and reviewed under consistent guidelines;

(ii)

added utilizing a common technological platform to integrate data collected by State and local governments with data collected by the Agency; and

(iii)

added assessing instruction materials provided by the Agency for omissions of pertinent information or language that conflicts with other statutory requirements; and

(B)

added 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)

added 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)

added 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)

added the implementation of recommendations from the advisory panel;

(B)

added the identification of any additional challenges to the preliminary damage assessment process, including whether specific disasters result in longer preliminary damage assessments; and

(C)

added any additional legislative recommendations necessary to improve the preliminary damage assessment process.

Sec. 5307 Designation of small state and rural advocate

added

(a)

added In general— Section 326(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165d) is amended—

(1)

added by striking “and” at the end of paragraph (2);

(2)

added by redesignating paragraph (3) as paragraph (4); and

(3)

added by inserting after paragraph (2) the following:

added “(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—

added “(A) the per capita personal income by local area, as calculated by the Bureau of Economic Analysis;

added “(B) the disaster impacted population profile, as reported by the Bureau of the Census, including—

added “(i) the percentage of the population for whom poverty status is determined;

added “(ii) the percentage of the population already receiving Government assistance such as Supplemental Security Income and Supplemental Nutrition Assistance Program benefits;

added “(iii) the pre-disaster unemployment rate;

added “(iv) the percentage of the population that is 65 years old and older;

added “(v) the percentage of the population 18 years old and younger;

added “(vi) the percentage of the population with a disability;

added “(vii) the percentage of the population who speak a language other than English and speak English less than “very well”; and

added “(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;

added “(C) the impact to community infrastructure, including—

added “(i) disruptions to community life-saving and life-sustaining services;

added “(ii) disruptions or increased demand for essential community services; and

added “(iii) disruptions to transportation, infrastructure, and utilities; and

added “(D) any other information relevant to demonstrate severe local impacts.”

(b)

added Gao review of a final rule—

(1)

added 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)

added Scope— The review required under paragraph (1) shall include the following:

(A)

added An assessment of the criteria used by the Agency to assess individual assistance requests following a major disaster declaration authorizing individual assistance.

(B)

added 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)

added An assessment of the impact, if any, of using the updated Individual Assistance Declaration Factors has had on equity in disaster recovery outcomes.

(D)

added Recommendations to improve the use of the Individual Assistance Declaration Factors to increase equity in disaster recovery outcomes.

(3)

added 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

added

(a)

added In general— Section 1216(a) of the Disaster Recovery Reform Act of 2018 (42 U.S.C. 5174a(a)) is amended—

(1)

added by amending paragraph (2)(A) to read as follows:

added “(A) except as provided in subparagraph (B), shall—

added “(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

added “(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”

(2)

added in paragraph (3)(B)—

(A)

added by striking “Removal of” and inserting “Report on”; and

(B)

added 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)

added 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

added

(a)

added 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)

added Definitions— In this section:

(1)

added 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)

added 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)

added 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)

added Menstrual products— The term “menstrual products” means sanitary napkins and tampons that conform to applicable industry standards.

Sec. 5310 Fly America Act exception

added

added Section 40118 of title 49, United States Code, is amended by adding at the end the following:

added “(h) Certain transportation of domestic animals

added “(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—

added “(A) the transportation is from a place—

added “(i) outside the United States to a place in the United States;

added “(ii) in the United States to a place outside the United States; or

added “(iii) outside the United States to another place outside the United States; and

added “(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.

added “(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.

added “(3) Definition—In this subsection:

added “(A) Domestic animal—The term domestic animal means a dog or a cat.

added “(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

added

(a)

added 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)

added Pilot program contents— The pilot program established under subsection (a) shall, to the maximum extent possible—

(1)

added 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)

added cover areas located within the area of responsibility of 3 different Coast Guard sectors in diverse geographic regions; and

(3)

added 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)

added 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)

added 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)

added Authorization of appropriations—

(1)

added 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)

added Availability of funds— Amounts appropriated pursuant to paragraph (1) shall remain available until expended.

Sec. 5312 Recognizing FEMA support

added

added Congress finds the following:

(1)

added 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)

added 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

added

added Section 101(a) of title 23, United States Code, is amended—

(1)

added by redesignating paragraphs (33), (34), (35), and (36) as paragraphs (34), (35), (36), and (37), respectively; and

(2)

added by inserting after paragraph (32) the following:

added “(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

added

(a)

added 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:

added “(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.

added “(2) Exceptions—Paragraph (1) shall not apply to construction or preservation of a Type II noise barrier if such a barrier—

added “(A) was not part of a project approved by the Secretary before November 28, 1995;

added “(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

added “(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—

added “(i) are residential in nature; and

added “(ii) are at least 10 years old as of the date of the proposal of the barrier project.”

(b)

added Eligibility for surface transportation block grant funds— Section 133 of title 23, United States Code, is amended—

(1)

added in subsection (b) by adding at the end the following:

added “(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).”

(2)

added in subsection (c)(2) by striking “and paragraph (23)” and inserting “, paragraph (23), and paragraph (25)”.

(c)

added Multipurpose noise barriers—

(1)

added 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)

added 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)

added Definitions— In this subsection:

(A)

added 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)

added Secondary beneficial use— The term “secondary beneficial use” means an environmental, economic, or social benefit in addition to highway noise mitigation.

(d)

added 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

added

(a)

added Establishment— Section 15301(a) of title 40, United States Code, is amended by adding at the end the following:

added “(4) The Southern New England Regional Commission.”

(b)

added Designation of region—

(1)

added In general— Subchapter II of chapter 157 of such title is amended by adding at the end the following:

added “15734. Southern New England Regional Commission

added “The region of the Southern New England Regional Commission shall include the following counties:

added “(1) Rhode Island—Each county in the State of Rhode Island.

added “(2) Connecticut—The counties of Hartford, New Haven, Windham, Tolland, Middlesex, and New London in the State of Connecticut.

added “(3) Massachusetts—The counties of Hampden, Plymouth, Barnstable, Essex, Worcester, and Bristol in the State of Massachusetts.”

(2)

added Technical and conforming amendment— The analysis for Subchapter II of chapter 157 of such title is amended by adding at the end the following:

(c)

added 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

added

added Section 1238(a) of the Disaster Recovery Reform Act of 2018 (42 U.S.C. 5174b) is amended—

(1)

added in paragraph (2), by striking “applies regardless” and inserting “and the requirement of the President to waive fees under paragraph (4) apply regardless”;

(2)

added by redesignating paragraph (4) as paragraph (5); and

(3)

added by inserting after paragraph (3) the following:

added “(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)—

added “(A) for which the President provides assistance to individuals and households under section 408 of that Act (42 U.S.C. 5174); and

added “(B) that destroyed a critical document described in paragraph (1) of the individual or household.”

Sec. 5317 Disadvantaged business enterprises

added

added Section 11101(e)(2)(A) of the Infrastructure Investment and Jobs Act (Public Law 117–58) is amended to read as follows:

added “(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

added

(a)

added 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)

added the 5 largest wholesale produce markets by annual sales and volume over the preceding 4 calendar years; and

(2)

added a representative sample of 8 wholesale produce markets that are not among the largest wholesale produce markets.

(b)

added Contents— The report under subsection (a) shall contain the following:

(1)

added 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)

added State of repair of infrastructure, including roads, food storage units, and refueling stations.

(B)

added Sustainability infrastructure, including the following:

(i)

added Carbon emission reduction technology.

(ii)

added On-site green refueling stations.

(iii)

added Disaster preparedness.

(C)

added Disaster preparedness, including with respect to cyber attacks, weather events, and terrorist attacks.

(D)

added Disaster recovery systems, including coordination with State and Federal agencies.

(2)

added A description of any actions the Secretary recommends be taken as a result of the analysis under paragraph (1).

(3)

added 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)

added Proposals, as appropriate, for legislative actions and funding needed to improve the supply chain shortfalls.

(c)

added 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)

added 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

added

(a)

added 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)

added An analysis of the effectiveness of counterterrorism measures implemented in each passenger rail station to include prevention systems, including—

(A)

added surveillance systems, including cameras, and physical law enforcement presence;

(B)

added response systems including—

(i)

added evacuation systems to allow passengers and workers to egress the stations, mezzanines, and rail cars;

(ii)

added fire safety measures, including ventilation and fire suppression systems; and

(iii)

added public alert systems; and

(C)

added recovery systems, including coordination with State and Federal agencies.

(2)

added A description of any actions taken as a result of the analysis conducted under paragraph (1).

(3)

added 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)

added Proposals, as appropriate, for legislative actions and funding needed to improve counterterrorism measures.

(b)

added 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)

added 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

added

(a)

added Definitions—

(1)

added In general— Section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133) is amended—

(A)

added by amending subsection (a) to read as follows:

added “(a) Definition of underserved community—In this section, the term “underserved community” means a community, or a neighborhood within a community, that—

added “(1) is classified as high risk according to census tract risk ratings derived from a product that—

added “(A) is maintained under a natural hazard assessment program;

added “(B) is available to the public;

added “(C) defines natural hazard risk across the United States;

added “(D) reflects high levels of individual hazard risk ratings;

added “(E) reflects high social vulnerability ratings and low community resilience ratings;

added “(F) reflects the principal natural hazard risks identified for the respective census tracts; and

added “(G) any other elements determined by the President.

added “(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

added “(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)

added in subsection (g)(9) by striking “small impoverished communities” and inserting “underserved communities”; and

(C)

added in subsection (h)(2)—

(i)

added in the heading by striking “Small impoverished communities” and inserting “Underserved communities”; and

(ii)

added by striking “small impoverished community” and inserting “underserved community”.

(2)

added 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)

added 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)

added Hazard mitigation plans— Section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165) is amended—

(1)

added in subsection (a) by striking the period at the end and inserting

added “(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;

added “(2) goals and objectives related to increasing resilience over a 5-year period, including benchmarks for future work and an assessment of past progress;

added “(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);

added “(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;

added “(5) integration of each local mitigation plan with the State, Indian Tribe, or territory plan; and

added “(6) the disparate impacts on underserved communities (as such term is defined in section 203(a)) and plans to address any disparities.”

(2)

added by adding at the end the following:

added “(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.

added “(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.

added “(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)

added 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:

added “(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)

added 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)

added GAO reports—

(1)

added 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)

added 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)

added Report Congress and update of cost effectiveness determinations and declarations—

(1)

added 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)

added 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

added

(a)

added In general— Section 4502 of title 46, United States Code, is amended—

(1)

added in subsection (i)(4) by striking “each of fiscal years 2018 through 2021” and inserting “fiscal year 2023”; and

(2)

added in subsection (j)(4) by striking “each of fiscal years 2018 through 2021” and inserting “fiscal year 2023”.

(b)

added Authorization of appropriations— Section 9 of the Maritime Debris Act (33 U.S.C. 1958) is amended—

(1)

added in subsection (a) by striking “each of fiscal years 2018 through 2021” and inserting “fiscal year 2023”; and

(2)

added in subsection (b) by striking “2702(1)” and inserting “4902(1)”.

Sec. 5322 Extension

added

added Section 1246 of the Disaster Recovery Reform Act of 2018 is amended—

(1)

added by striking “3 years” and inserting “4 1/2 years”; and

(2)

added by inserting “and every 3 months thereafter,” before “the Administrator shall submit”.

Sec. 5323 Centers of excellence for domestic maritime workforce training and education

added

(a)

added In general— Section 51706 of title 46, United States Code, is amended—

(1)

added by striking subsection (a) and inserting the following:

added “(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)

added by striking subsection (b) and inserting the following:

added “(b) Grant program

added “(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.

added “(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—

added “(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;

added “(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;

added “(C) any previous experience of the center of excellence in providing United States maritime industry educational or career training programs;

added “(D) how the grant would address shortcomings in existing educational and career training opportunities available to United States maritime industry workers; and

added “(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.

added “(3) Criteria for award of grants—Subject to the appropriation of funds, the Secretary shall award a grant under this subsection based on—

added “(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;

added “(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

added “(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.

added “(4) Competitive awards

added “(A) In general—The Secretary shall award grants under this subsection to a center of excellence designated under subsection (a) on a competitive basis.

added “(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.

added “(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.

added “(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.

added “(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.

added “(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.

added “(5) Authorization of appropriations—There is authorized to be appropriated to carry out this subsection $30,000,000.”

(3)

added in subsection (c)—

(A)

added by striking paragraph (1) and inserting the following:

added “(1) Covered training entity—The term “covered training entity” means an entity that—

added “(A) is located in a State that borders on the—

added “(i) Gulf of Mexico;

added “(ii) Atlantic Ocean;

added “(iii) Long Island Sound;

added “(iv) Pacific Ocean;

added “(v) Great Lakes; or

added “(vi) Mississippi River System; and

added “(B) is—

added “(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));

added “(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));

added “(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;

added “(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

added “(v) a maritime training center designated prior to the date of enactment of the National Defense Authorization Act for Fiscal Year 2023.”

(B)

added by adding at the end the following:

added “(3) Secretary—The term “Secretary” means the Secretary of Transportation.

added “(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—

added “(A) the domestic and foreign trade;

added “(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.);

added “(C) non-commercial maritime activities, including—

added “(i) recreational boating; and

added “(ii) oceanographic and limnological research as described in section 2101(24).”

(b)

added 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)

added describing each grant awarded under this subsection during the preceding fiscal year; and

(2)

added 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.

(c)

added Guidelines— Not later than 1 year after the date of enactment of this Act, the Secretary shall—

(1)

added 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)

added publish and maintain such guidelines on the website of the Department of Transportation.

(d)

added Assistance for small shipyards— Section 54101(e) of title 46, United States Code, is amended by striking paragraph (2) and inserting the following:

added “(2) Allocation of funds

added “(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.

added “(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

added

added 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:

added “(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

added

(a)

added 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)

added 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)

added 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)

added 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

added

(a)

added 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:

added “219. High-speed broadband deployment initiative

added “(a) Definitions—In this section:

added “(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—

added “(A) planning, technical assistance, or training;

added “(B) the acquisition or development of land; or

added “(C) the acquisition, design and engineering, construction, rehabilitation, alteration, expansion, or improvement of facilities, including related machinery, equipment, contractual rights, and intangible property.

added “(2) Eligible recipient

added “(A) In general—The term eligible recipient means an eligible recipient.

added “(B) Inclusions—The term eligible recipient includes—

added “(i) a public-private partnership; and

added “(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.

added “(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.

added “(b) Broadband projects

added “(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.

added “(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).

added “(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—

added “(A) the level and extent of broadband service that exists in the area proposed to be served; and

added “(B) the level and extent of broadband service that will be deployed in the area proposed to be served pursuant to another Federal program.

added “(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.

added “(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.

added “(6) Broadband project property

added “(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.

added “(B) Treatment—The grant or exercise of an option described in subparagraph (A) shall not constitute a redistribution of grant funds under section 217.

added “(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)

added 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. 5401 Services That Open Portals to Dirty Money Act

(a)

changed ~~In General—~~Short title— ~~Section 5312(a)(2) of title 31, United States Code,~~ This section may be cited as ~~amended by~~ the ~~William M. (Mac) Thornberry National Defense Authorization Act~~ “Establishing New Authorities for ~~Fiscal Year 2021, is amended—~~Businesses Laundering and Enabling Risks to Security Act” and the “ENABLERS Act”.

(b)

added Findings— Congress finds the following:

(1)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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.

(c)

added Requirements for gatekeepers—

(1)

added 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)

added by redesignating subparagraphs (Z) and (AA) as subparagraphs (AA) and (BB), respectively; and

(1)

removed ~~by redesignating subparagraphs (Z) and (AA) as subparagraphs (GG) and (HH), respectively; and~~

(B)

renumbered was (2)(4) by inserting after subparagraph (Y) the following:

added “(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—

added “(i) corporate or other legal entity arrangement, association, or formation services;

added “(ii) trust services;

added “(iii) third party payment services; or

added “(iv) legal or accounting services that—

added “(I) involve financial activities that facilitate—

added “(aa) corporate or other legal entity arrangement, association, or formation services;

added “(bb) trust services; or

added “(cc) third party payment services; and

added “(II) are not direct payments or compensation for civil or criminal defense matters.”

removed ~~“(Z) a person engaged in the business of providing investment advice for compensation;~~

removed “(AA) a person engaged in the trade in works of art, antiques, or collectibles, including a dealer, advisor, consultant, custodian, gallery, auction house, museum, or any other person who engages as a business in the solicitation or the sale of works of art, antiques, or collectibles;

removed ~~“(BB) an attorney, law firm, or notary involved in financial activity or related administrative activity on behalf of another person;~~

removed ~~“(CC) a trust or company service provider, including—~~

removed ~~“(i) a person involved in forming a corporation, limited liability company, trust, foundation, partnership, or other similar entity or arrangement;~~

removed “(ii) a person involved in acting as, or arranging for another person to act as, a registered agent, trustee, or nominee to be a shareholder, officer, director, secretary, partner, signatory, or other similar position in relation to a person or arrangement;

removed ~~“(iii) a person involved in providing a registered office, address, or other similar service for a person or arrangement; or~~

removed ~~“(iv) any other person providing trust or company services, as defined by the Secretary of the Treasury;~~

removed ~~“(DD) a certified public accountant or public accounting firm;~~

removed ~~“(EE) a person engaged in the business of public relations, marketing, communications, or other similar services in such a manner as to provide another person anonymity or deniability; and~~

removed “(FF) a person engaged in the business of providing third-party payment services, including payment processing, check consolidation, cash vault services, or other similar services designated by the Secretary of the Treasury;”

(b)

removed ~~Rulemaking—~~

(1)

removed ~~In general—~~ Not later than December 31, 2023, the Secretary of the Treasury shall issue one or more rules to require all financial institutions (as defined in section 5312(a)(2) of title 31, United States Code) that have not already done so to—

(A)

removed ~~report suspicious transactions under section 5318(g) of title 31, United States Code;~~

(B)

removed ~~establish anti-money laundering programs under section 5318(h) of title 31, United States Code;~~

(C)

removed ~~establish due diligence policies, procedures, and controls under section 5318(i) of title 31, United States Code; and~~

(D)

removed ~~identify and verify their account holders under section 5318(l) of title 31, United States Code.~~

(2)

removed ~~Trust or company service provider—~~ In promulgating a rule under paragraph (1) to implement subparagraph (CC) of section 5312(a)(2) of title 31, United States Code, as added by subsection (a), the Secretary of Treasury shall exclude from the category of covered persons—

(A)

removed ~~any government agency; and~~

(B)

removed ~~any attorney or law firm that uses a paid trust or company service provider, including any paid entity formation agent, operating within the United States.~~

(c)

removed ~~Effective date—~~

(1)

removed ~~Delayed effective date—~~ ~~Subparagraphs (Z) through (FF) of section 5312(a)(2) of title 31, United States Code, as added by subsection (a), shall take effect on December 31, 2023.~~

(2)

changed ~~Limitation on exemptions—~~Requirements for gatekeepers— With respect to a person described under subparagraphs (Z) through (FF) of section 5312(a)(2) of title 31, United States Code, as added by subsection (a), the Secretary of the Treasury may not exempt such person from any requirement under subchapter Subchapter II of chapter 53 of subtitle IV of title 31, United States Code, ~~including any delay in such application.~~is amended by adding at the end the following:

added “5337. Requirements for gatekeepers.

added “(a) In general

added “(1) In general—The Secretary shall, not later than 1 year after the date of the enactment this section, issue a rule to—

added “(A) determine what persons fall within the class of persons described in section 5312(a)(2)(Z); and

added “(B) prescribe appropriate requirements for such persons.

added “(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—

added “(A) to minimizes burden of such rule and maximizes the intended outcome of such rule, as determined by the Secretary; and

added “(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.

added “(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—

added “(A) any person involved in—

added “(i) the formation or registration of a corporation, limited liability company, trust, foundation, limited liability partnership, partnership, or other similar entity;

added “(ii) the acquisition or disposition of an interest in a corporation, limited liability company, trust, foundation, limited liability partnership, partnership, or other similar entity;

added “(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;

added “(iv) acting as, or arranging for another person to act as, a nominee shareholder for another person;

added “(v) the managing, advising, or consulting with respect to money or other assets;

added “(vi) the processing of payments;

added “(vii) the provision of cash vault services;

added “(viii) the wiring of money;

added “(ix) the exchange of foreign currency, digital currency, or digital assets; or

added “(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;

added “(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—

added “(i) obtains or uses a preparer tax identification number; or

added “(ii) would be required to use or obtain a preparer tax identification number, if such person were compensated for services rendered;

added “(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

added “(D) any person, wherever organized or doing business, that is—

added “(i) owned or controlled by a person described in subparagraphs (A), (B), or (C);

added “(ii) acts as an agent of a person described in subparagraphs (A), (B), or (C); or

added “(iii) is an instrumentality of a person described in subparagraphs (A), (B), or (C).

added “(b) Requirements—The Secretary shall require persons described in section 5312(a)(3) to do 1 or more of the following—

added “(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;

added “(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;

added “(3) establish anti-money laundering programs as described in section 5318(h);

added “(4) report suspicious transactions as described in section 5318(g)(1); and

added “(5) establish due diligence policies, procedures, and controls as described in section 5318(i).

added “(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).

added “(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.

added “(e) Enforcement

added “(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.

added “(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—

added “(A) describes the results of any random audits conducted pursuant to paragraph (1) during such calendar year; and

added “(B) includes recommendations for improving the effectiveness of the requirements imposed under this section on persons described in section 5312(a)(2)(Z).”

(3)

changed ~~Application of certain provisions—~~Effective date— ~~Any financial institution (as defined in~~ This section ~~5312(a)(2) of title 31, United States Code) that is not already required to comply with subsections (g), (h), (i),~~ and ~~(l)~~ the amendments made by this section shall take effect on the date that the Secretary of the Treasury issues a rule pursuant to section ~~5318~~ 5537 of title ~~31,~~ 31 of the United States Code, ~~shall do so on and after June 30, 2024, whether or not a rule has been issued under subsection (b)(1)(A).~~as added by this section.

(4)

added 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:

(5)

added Use of technology to increase efficiency and accuracy of information—

(A)

added 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)

added effectuate the collection, standardization, transmission, and sharing of such information as required under section 5337 of title 31, United States Code; and

(ii)

added 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)

added 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)

added 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)

added makes recommendations for implementing such technologies.

(d)

added Gatekeepers strategy— Section 262 of the Countering America’s Adversaries Through Sanctions Act is amended by inserting after paragraph (10) the following:

added “(11) Gatekeeper strategy

added “(A) In general—A description of efforts to impose sufficient anti-money laundering safeguards on types of persons who serve as gatekeepers.

added “(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)

added Agency coordination and collaboration— The Secretary of the Treasury shall, to the greatest extent practicable—

(1)

added establish relationships with State, local, territorial, and Tribal governmental agencies; and

(2)

added 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)

added 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)

added 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)

added engaging with various gatekeepers as appropriate, including with respect to information sharing and data sharing; and

(D)

added 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)

added 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)

added the hiring of personnel;

(2)

added 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)

added audit, investigatory, and review activities, including those described in subsection (c) of this section and the amendments made by such subsection;

(4)

added agency coordination and collaboration efforts and activities described in subsection (e) of this section;

(5)

added for voluntary compliance programs;

(6)

added for conducting the report in subsection (c)(5) of this section; and

(7)

added 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)

added 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.

(d)

removed ~~Treasury Task Force and strategy—~~

(1)

removed ~~In general—~~ ~~The Secretary of the Treasury, acting through the Director of the Financial Crimes Enforcement Network, shall establish a task force to—~~

(A)

removed ~~develop an ambitious, comprehensive, and multi-year United States Government strategy to impose anti-money laundering safeguards on all necessary gatekeeper professions;~~

(B)

removed designate and authorize a Federal or State agency to enforce anti-money laundering requirements for each type of financial institution defined in section 5312(a)(2) of title 31, United States Code; and

(C)

removed ~~advance the regulatory rulemaking required under section 2(b) of this Act.~~

(2)

removed ~~Gatekeepers strategy—~~

(A)

removed ~~In general—~~ ~~Section 262 of the Countering America’s Adversaries Through Sanctions Act (Public Law 115–44), is amended by inserting after paragraph (10) the following:~~

removed “(11) Gatekeepers strategy—A description of efforts to impose anti-money laundering safeguards on all necessary gatekeeper professions, including art dealers, investment advisors, real estate professionals, lawyers, accountants, trust or company service providers, public relations professionals, dealers of luxury vehicles, money service businesses, and other similar professions.”

(B)

removed ~~Update clarification—~~ If, before the date of the enactment of this Act, all updates to the national strategy required by section 261(b) of the Countering America’s Adversaries Through Sanctions Act (Public Law 115–44) have been completed, the President shall provide an additional update of such national strategy to the Congress containing the contents required under the amendment made by paragraph (1).

Sec. 5403 Strengthening Awareness of Sanctions

added

added Section 312 of title 31, United States Code, is amended by adding at the end the following:

added “(i) OFAC Exchange

added “(1) Establishment—The OFAC Exchange is hereby established within OFAC.

added “(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—

added “(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—

added “(i) under subchapter II of chapter 53 and the regulations promulgated under that subchapter; and

added “(ii) with respect to other economic and trade sanctions requirements;

added “(B) protect the financial system from illicit use, including evasions of existing economic and trade sanctions programs; and

added “(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.

added “(3) Report

added “(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—

added “(i) an analysis of the efforts undertaken by the OFAC Exchange, which shall include an analysis of—

added “(I) the results of those efforts; and

added “(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;

added “(ii) recommendations to improve efficiency and effectiveness of targeting, compliance, enforcement, and licensing activities undertaken by OFAC; and

added “(iii) any legislative, administrative, or other recommendations the Secretary may have to strengthen the efforts of the OFAC Exchange.

added “(B) Classified annex—Each report under subparagraph (A) may include a classified annex.

added “(4) Information sharing requirement—Information shared under this subsection shall be shared—

added “(A) in compliance with all other applicable Federal laws and regulations;

added “(B) in such a manner as to ensure the appropriate confidentiality of personal information; and

added “(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.

added “(5) Protection of shared information

added “(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.

added “(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.

added “(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

added

(a)

added 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)

added Matters included— The briefing under subsection (a) shall include the following:

(1)

added 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)

added 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)

added 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)

added 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

added

(a)

added 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:

added “1632. Support for international initiatives to provide debt restructuring or relief to developing countries with unsustainable levels of debt

added “(a) Debt relief—The Secretary of the Treasury, in consultation with the Secretary of State, shall—

added “(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—

added “(A) debt treatment benchmarks designed to achieve debt sustainability for each participating debtor;

added “(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;

added “(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;

added “(D) expansion of Common Framework country eligibility to lower middle-income countries who otherwise meet the existing criteria;

added “(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

added “(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;

added “(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

added “(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).

added “(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—

added “(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;

added “(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

added “(3) recommendations on how to address any challenges identified in paragraph (2).”

(b)

added 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

added

(a)

added 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)

added Retail businesses prohibited from refusing cash payments—

(1)

added In general— Subchapter I of chapter 51 of title 31, United States Code, is amended by adding at the end the following:

added “5104. Retail businesses prohibited from refusing cash payments

added “(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)—

added “(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

added “(2) may not charge cash-paying customers a higher price compared to the price charged to customers not paying with cash.

added “(b) Exceptions

added “(1) In general—Subsection (a) shall not apply to a person if such person—

added “(A) is unable to accept cash because of—

added “(i) a sale system failure that temporarily prevents the processing of cash payments; or

added “(ii) a temporary insufficiency in cash on hand needed to provide change; or

added “(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—

added “(i) there is no fee for the use of the card;

added “(ii) there is not a minimum deposit amount greater than 1 dollar;

added “(iii) amounts loaded on the card do not expire, except as permitted under paragraph (2);

added “(iv) there is no collection of any personal identifying information from the customer;

added “(v) there is no fee to use the card; and

added “(vi) there may be a limit to the number of transactions.

added “(2) Inactivity—A person seeking exception from subsection (a) may charge an inactivity fee in association with a card offered by such person if—

added “(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;

added “(B) not more than 1 inactivity fee is imposed in any 1-month period; and

added “(C) it is clearly and conspicuously stated, on the face of the mechanism that issues the card and on the card—

added “(i) that an inactivity fee or charge may be imposed;

added “(ii) the frequency at which such inactivity fee may be imposed; and

added “(iii) the amount of such inactivity fee.

added “(c) Right to not accept large bills

added “(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.

added “(2) Rulemaking

added “(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.

added “(B) Requirement—When issuing a rule under subparagraph (A), the Secretary shall require persons to accept $1, $5, $10, $20, and $50 bills.

added “(d) Enforcement

added “(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.

added “(2) Civil penalties—Any person who violates this section shall—

added “(A) be liable for actual damages;

added “(B) be fined not more than $2,500 for a first offense; and

added “(C) be fined not more than $5,000 for a second or subsequent offense.

added “(3) Jurisdiction—An action under this section may be brought in any United States district court, or in any other court of competent jurisdiction.

added “(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.

added “(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.

added “(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.

added “(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.

added “(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.

added “(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)

added 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:

(3)

added 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.

(c)

added Discretionary surplus fund—

(1)

added 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)

added 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

added

(a)

added Amendment— The Securities Exchange Act of 1934 is amended by inserting after section 13A (15 U.S.C. 78m–1) the following:

added “13B. Disclosure requirements relating to certain exempted transactions

added “(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:

added “(1) The identity of the issuer.

added “(2) The place of incorporation of the issuer.

added “(3) The amount of the issuance involved in the covered exempted transaction and the net proceeds to the issuer.

added “(4) The principal beneficial owners of the issuer.

added “(5) The intended use of the proceeds from such issuance, including—

added “(A) each country in which the issuer intends to invest such proceeds; and

added “(B) each industry in which the issuer intends to invest such proceeds.

added “(6) The exemption the issuer relies on with respect to such covered exempted transaction.

added “(b) Authority to revise and promulgate rules, regulations, and forms—The Commission shall, for the protection of investors and fair and orderly markets—

added “(1) revise and promulgate such rules, regulations, and forms as may be necessary to carry out this section; and

added “(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).

added “(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—

added “(1) is structured or intended to comply with—

added “(A) Rule 506(b) of Regulation D, as promulgated by the Commission;

added “(B) Regulation S, as promulgated by the Commission; or

added “(C) Rule 144A, as promulgated by the Commission; and

added “(2) either—

added “(A) has an issuance equal to $25,000,000 or greater; or

added “(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)

added 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)

added 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

added

(a)

added 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)

added 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)

added the conduct of transactions;

(2)

added the acceptance of deposits;

(3)

added the making, granting, transferring, holding, or brokering of loans or credits;

(4)

added the purchasing or selling of foreign exchange, securities, commodity futures, or options;

(5)

added the procuring of purchasers and sellers described under paragraph (4) as principal or agent; or

(6)

added any other good or service provided by a United States financial institution.

(c)

added 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)

added 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

added

(a)

added Certification or licensing— Paragraph (5) of section 202(g) of the National Housing Act (12 U.S.C. 1708(g)) is amended—

(1)

added by striking subparagraph (A) and inserting the following new subparagraph:

added “(A)

added “(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

added “(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”

(2)

added 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)

added 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)

added 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)

added 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)

added 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)

added implement the amendments made by subsection (a) of this section;

(2)

added 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)

added 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)

added providing a method for appraisers to demonstrate such prior completion; and

(3)

added 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

added

(a)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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.

(c)

added Classification— The report required under subsection (a) shall be unclassified, but may contain a classified annex.

(d)

added 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

added

(a)

added Congressional findings— The Congress finds that—

(1)

added affordable homeownership opportunities are being hindered due to the lack of financing available for home purchases under $100,000;

(2)

added 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)

added 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)

added 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)

added 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)

added 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

added

(a)

added 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:

added “(s) Disclosure of business ties to Russia—Any issuer required to file an annual or quarterly report under subsection (a) that—

added “(1) does business in Russia, or with or through firms domiciled in Russia, regardless of where that business activity takes place, or

added “(2) with the Russian government, or with any entity owned by or affiliated with such government, regardless of where that business activity takes place,”

(b)

added 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

added

(a)

added In general— Section 704B of the Equal Credit Opportunity Act (15 U.S.C. 1691c–2) is amended—

(1)

added by inserting “LGBTQ-owned,” after “minority-owned,” each place such term appears;

(2)

added in subsection (e)(2)(G), by inserting “, sexual orientation, gender identity” after “sex”; and

(3)

added in subsection (h), by adding at the end the following:

added “(7) LGBTQ-owned business—The term LGBTQ-owned business means a business—

added “(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

added “(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)

added Discretionary surplus fund—

(1)

added 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)

added Effective date— The amendment made by paragraph (1) shall take effect on September 30, 2032.

Sec. 5414 Nationwide Emergency Declaration medical supplies enhancement

added

(a)

added 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)

added 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)

added 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)

added 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)

added 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).

(c)

added Enhanced reporting during nationwide disaster declarations—

(1)

added Report on exercising authorities under the defense production act of 1950—

(A)

added 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)

added Contents— The report required under subparagraph (A) and the update required under subparagraph (C) shall include the following:

(i)

added In general— With respect to each exercise of such authority—

(I)

added 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)

added the cost of such exercise of authority; and

(III)

added if applicable—

(aa)

added the amount of goods that were purchased or allocated;

(bb)

added an identification of the entity awarded a contract or purchase order or that was the subject of the exercise of authority; and

(cc)

added 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)

added 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)

added 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)

added 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

added

(a)

added Findings— Congress finds the following:

(1)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added Prohibitions or conditions on certain transmittals of funds— Section 5318A of title 31, United States Code, is amended—

(1)

added in subsection (a)(2)(C), by striking “subsection (b)(5)” and inserting “paragraphs (5) and (6) of subsection (b)”; and

(2)

added in subsection (b)—

(A)

added in paragraph (5), by striking “for or on behalf of a foreign banking institution”; and

(B)

added by adding at the end the following:

added “(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

added

added Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following:

added “(s) Submission of data relating to diversity

added “(1) Definitions—In this subsection—

added “(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

added “(B) the term veteran has the meaning given the term in section 101 of title 38, United States Code.

added “(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:

added “(A) Demographic data, based on voluntary self-identification, on the racial, ethnic, gender identity, and sexual orientation composition of—

added “(i) the board of directors of the issuer;

added “(ii) nominees for the board of directors of the issuer; and

added “(iii) the executive officers of the issuer.

added “(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.

added “(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—

added “(i) the board of directors of the issuer;

added “(ii) nominees for the board of directors of the issuer; or

added “(iii) the executive officers of the issuer.

added “(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.

added “(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.

added “(5) Best practices

added “(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.

added “(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

added

(a)

added Definitions— For the purposes of this section:

(1)

added Advisory Group— The term Advisory Group means the Diversity Advisory Group established under subsection (b).

(2)

added Commission— The term Commission means the Securities and Exchange Commission.

(3)

added 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)

added Establishment— The Commission shall establish a Diversity Advisory Group, which shall be composed of representatives from—

(1)

added the Federal Government and State and local governments;

(2)

added academia; and

(3)

added the private sector.

(c)

added Study and recommendations— The Advisory Group shall—

(1)

added 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)

added 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)

added describes any findings from the study conducted under paragraph (1); and

(B)

added makes recommendations regarding strategies that issuers could use to increase gender identity, racial, ethnic, and sexual orientation diversity among board members.

(d)

added 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)

added 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)

added 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

added

added 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)

added 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)

added 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

added

added Section 4 of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note) is amended—

(1)

added 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)

added 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

added

(a)

added 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)

added in paragraph (25)(D), by striking “and” at the end;

(2)

added in paragraph (26), by striking the period at the end and inserting “; and”; and

(3)

added by adding at the end the following new paragraph:

added “(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)

added 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)

added 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

added

(a)

added 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:

added “(e) Consideration of small home mortgage lending

added “(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—

added “(A) mortgages of $100,000 or less in value that facilitate a home purchase or help a borrower to refinance an existing mortgage;

added “(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);

added “(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).

added “(2) Data collection and reporting by large financial institutions

added “(A) In general—Each large financial institution shall collect, maintain, and report to the appropriate Federal financial supervisory agency—

added “(i) mortgage loan data needed to calculate retail lending volume and distribution metrics;

added “(ii) information related to demographics of borrowers, including the income, disability, gender identity, race, and ethnicity of mortgage applicants;

added “(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

added “(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.

added “(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.

added “(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)

added Discretionary surplus fund—

(1)

added 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)

added 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

added

(a)

added 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:

added “(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)

added 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:

added “(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

added

(a)

added In general— Section 4016(b) of the CARES Act (12 U.S.C. 1795a note) is amended by adding at the end the following:

added “(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)

added 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

added

added Section 4(j)(4) of the Securities Exchange Act of 1934 (15 U.S.C. 78d(j)(4)) is amended—

(1)

added in subparagraph (G), by striking “and” at the end;

(2)

added in subparagraph (H), by striking the period at the end and insert a semicolon; and

(3)

added by adding at the end the following:

added “(I) provide educational resources and host events to raise awareness of capital raising options for—

added “(i) underrepresented small businesses, including women-owned and minority-owned small businesses;

added “(ii) businesses located in rural areas; and

added “(iii) small businesses affected by hurricanes or other natural disasters; and

added “(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

added

added Section 489(a)(7) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h(a)(7)) is amended—

(1)

added in the matter before subparagraph (A), by striking “paragraph (3)(D)” and inserting “paragraph (3)(C)”; and

(2)

added by inserting after subparagraph (C) the following:

added “(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—

added “(i) actions taken by the country due to each country’s adoption of law and regulations considered essential to prevent narcotics-related money laundering;

added “(ii) enhanced enforcement actions taken by the country, such as regulatory penalties, criminal prosecutions and convictions, and asset seizures and forfeitures;

added “(iii) status changes in international financial crime-related evaluations;

added “(iv) other descriptions that are representative of efforts to enhance the prevention of narcotics-related money laundering; and

added “(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

added

(a)

added 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)

added 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)

added 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)

added 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)

added 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)

added Reports—

(1)

added 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)

added all findings and determinations made in carrying out the study required under subsection (a); and

(B)

added 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)

added 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

added

added Title XV of the International Financial Institutions Act (22 U.S.C. 262o-262o-4) is amended by adding at the end the following:

added “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

added “(a) In general—The Secretary of the Treasury shall instruct the United States Executive Director at each multilateral development bank—

added “(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

added “(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—

added “(A) the subsidy is awarded using an open, competitive process;

added “(B) the subsidy is awarded on an open access basis; or

added “(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.

added “(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.

added “(c) Definitions—In this section:

added “(1) Multilateral development bank—The term “multilateral development bank” has the meaning given in section 1701(c)(4).

added “(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

added

(a)

added 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)

added 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

added

added Title XIII of the International Financial Institutions Act (22 U.S.C. 262m-262m-8) is amended by adding at the end the following:

added “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

added “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

added

added Title XVI of the International Financial Institutions Act (22 U.S.C. 262p et seq.) is amended by adding at the end the following:

added “1632. United states policy on international finance corporation disclosure of high and substantial risk sub-projects of financial intermediary clients

added “(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:

added “(1) The name, city, and sector for all sub-projects.

added “(2) The environmental and social risk assessments and mitigation plans that have been completed for each sub-project.

added “(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.

added “(4) A link to the full Environmental and Social Management System policy on the website of the client.

added “(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—

added “(1) a description of the efforts by the Secretary to achieve the policy outlined in subsection (a); and

added “(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

added

added 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:

added “1507. United states policy on multilateral development bank disclosure of beneficial ownership information

added “(a) In general—The Secretary of the Treasury shall instruct the United States Executive Director at each multilateral development bank—

added “(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

added “(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.

added “(b) Definitions—In this section:

added “(1) Multilateral development bank—The term “multilateral development bank” has the meaning given in section 1701(c)(4).

added “(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

added

added Section 21F(g)(3)(A) of the Securities Exchange Act of 1934 (15 U.S.C. 78u-6(g)(3)(A)) is amended—

(1)

added 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)

added in clause (ii)—

(A)

added 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)

added by striking “Fund” and inserting “fund”; and

(C)

added by striking “balance of the disgorgement fund” and inserting “balance of the Fund”.

Sec. 5433 United States policy on World Bank Group and Asian Development Bank assistance to the People’s Republic of China

added

(a)

added 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:

added “1632. United States policy on World Bank Group and Asian Development Bank assistance to the People’s Republic of China

added “(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—

added “(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—

added “(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;

added “(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);

added “(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

added “(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

added “(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.

added “(b) Definitions—In this section:

added “(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.

added “(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)

added 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

added

added 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

added

(a)

added Amendments to the Fair Debt Collection Practices Act—

(1)

added Definition— Section 803 of the Fair Debt Collection Practices Act (15 U.S.C. 1692a) is amended by adding at the end the following:

added “(9) The term medical debt means a debt arising from the receipt of medical services, products, or devices.”

(2)

added 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:

added “(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)

added Prohibition on consumer reporting agencies reporting certain medical debt with respect to members of the Armed Forces—

(1)

added Definition— Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a) is amended by adding at the end the following:

added “(bb) Medical debt—The term medical debt means a debt arising from the receipt of medical services, products, or devices.

added “(cc) Medically necessary procedure—The term medically necessary procedure means—

added “(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

added “(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)

added In general— Section 605(a) of the Fair Credit Reporting Act (15 U.S.C. 1681c(a)) is amended—

(A)

added in paragraph (7), by adding at the end the following: “This paragraph shall not be subject to section 625(b)(1)(E).”;

(B)

added in paragraph (8), by adding at the end the following: “This paragraph shall not be subject to section 625(b)(1)(E).”; and

(C)

added by adding at the end the following new paragraphs:

added “(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).

added “(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).”

(c)

added Requirements for furnishers of medical debt information with respect to members of the Armed Forces—

(1)

added 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:

added “(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:

added “(1) A notification that the medical debt—

added “(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—

added “(i) the date on which the person sends the statement;

added “(ii) with respect to the medical debt of a borrower demonstrating hardship, a date determined by the Director of the Bureau; or

added “(iii) the date described under section 605(a)(10); and

added “(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.

added “(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.

added “(3) A notification that the consumer may—

added “(A) communicate with an insurance company to determine coverage for the debt; or

added “(B) apply for financial assistance.”

(2)

added 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:

added “(g) Furnishing of medical debt information with respect to members of the Armed Forces

added “(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.

added “(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—

added “(A) the date on which the person sends the statement described under subsection (f) to the consumer;

added “(B) with respect to the medical debt of a borrower demonstrating hardship, a date determined by the Director of the Bureau; or

added “(C) the date described in section 605(a)(10).

added “(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).

added “(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)

added 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)

added Discretionary Surplus Funds—

(1)

added 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)

added Effective date— The amendment made by paragraph (1) shall take effect on September 30, 2032.

Sec. 5436 Protections for active duty uniformed consumer

added

(a)

added Definitions— Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a) is amended—

(1)

added in subsection (q), by amending paragraph (1) to read as follows:

added “(1) Uniformed consumer—The term “uniformed consumer” means a consumer who is—

added “(A) a member of the—

added “(i) uniformed services (as such term is defined in section 101(a)(5) of title 10, United States Code); or

added “(ii) National Guard (as such term is defined in section 101(c)(1) of title 10, United States Code); and

added “(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.”

(2)

added by adding at the end the following:

added “(bb) Deployed uniformed consumer—The term “deployed uniformed consumer” means an uniformed consumer who—

added “(1) serves—

added “(A) in a combat zone (as such term is defined in section 112(c)(2) of title 26, United States Code); or

added “(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

added “(C) in a deployment (as such term is defined in section 991(b) of title 10, United States Code); and

added “(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)

added 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)

added in subsection (a), by adding at the end the following:

added “(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.”

(2)

added by adding at the end the following:

added “(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)

added 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)

added in subsection (c)—

(A)

added by striking “Upon” and inserting the following:

added “(1) In general—Upon”

(B)

added by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), and moving such redesignated subparagraphs 2 ems to the right; and

(C)

added by adding at the end the following:

added “(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—

added “(A) that the agency has received such item of adverse information, along with a description of the item; and

added “(B) the method by which the consumer can dispute the validity of the item.

added “(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.”

(2)

added in subsection (e), by amending paragraph (3) to read as follows:

added “(3) subparagraphs (A) and (B) of subsection (c)(1), in the case of a referral under subsection (c)(1)(C).”

(d)

added 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)

added 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

added

(a)

added Enhanced protection against debt collector harassment of servicemembers—

(1)

added 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:

added “(e) Communications concerning servicemember debts

added “(1) Definition—In this subsection, the term covered member means—

added “(A) a covered member or a dependent as defined in section 987(i) of title 10, United States Code; and

added “(B)

added “(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

added “(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.

added “(2) Prohibitions—A debt collector may not, in connection with the collection of any debt of a covered member—

added “(A) threaten to have the covered member reduced in rank;

added “(B) threaten to have the covered member’s security clearance revoked; or

added “(C) threaten to have the covered member prosecuted under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice).”

(2)

added 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:

added “(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—

added “(A) a reduction in rank of the covered member;

added “(B) a revocation of the covered member’s security clearance; or

added “(C) prosecution under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice).”

(b)

added 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)

added 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)

added military readiness; and

(3)

added national security, including the extent to which covered members with security clearances would be impacted by uncollected debt.

(c)

added 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

added

(a)

added Federal deposit insurance act— Section 19 of the Federal Deposit Insurance Act (12 U.S.C. 1829) is amended—

(1)

added by inserting after subsection (b) the following:

added “(c) Exceptions

added “(1) Certain older offenses

added “(A) In general—With respect to an individual, subsection (a) shall not apply to an offense if—

added “(i) it has been 7 years or more since the offense occurred; or

added “(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.

added “(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.

added “(C) Limitation—This paragraph shall not apply to an offense described under subsection (a)(2).

added “(2) Expungement and sealing—With respect to an individual, subsection (a) shall not apply to an offense if—

added “(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

added “(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.

added “(3) De minimis exemption

added “(A) In general—Subsection (a) shall not apply to such de minimis offenses as the Corporation determines, by rule.

added “(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—

added “(i) is calculated based on the time an individual spent incarcerated as a punishment or a sanction, not as pretrial detention; and

added “(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.

added “(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.

added “(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.”

(2)

added by adding at the end the following:

added “(f) Consent applications

added “(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.

added “(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—

added “(A) shall be reviewed by such office;

added “(B) may be approved or denied by such office, if such authority has been delegated to such office by the Corporation; and

added “(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.

added “(3) Individual applications filed with regional offices—Consent applications filed at a regional office by an individual—

added “(A) shall be reviewed by such office; and

added “(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—

added “(i) cases involving an offense described under subsection (a)(2); and

added “(ii) such other high-level security cases as may be designated by the Corporation.

added “(4) National office review—The national office of the Corporation shall—

added “(A) review any consent application with respect to which a regional office is not authorized to approve or deny the application; and

added “(B) review any consent application that is denied by a regional office, if the individual requests a review by the national office.

added “(5) Forms and instructions

added “(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.

added “(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.

added “(6) Consideration of criminal history

added “(A) Regional office consideration—In reviewing a consent application, a regional office shall—

added “(i) primarily rely on the criminal history record of the Federal Bureau of Investigation; and

added “(ii) provide such record to the applicant to review for accuracy.

added “(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.

added “(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—

added “(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;

added “(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

added “(C) consider any additional information the Corporation determines necessary for safety and soundness.

added “(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.

added “(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.

added “(g) Definitions—In this section:

added “(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).

added “(2) Criminal offense involving dishonesty—The term “criminal offense involving dishonesty”—

added “(A) means an offense under which an individual, directly or indirectly—

added “(i) cheats or defrauds; or

added “(ii) wrongfully takes property belonging to another in violation of a criminal statute;

added “(B) includes an offense that Federal, State, or local law defines as dishonest, or for which dishonesty is an element of the offense; and

added “(C) does not include—

added “(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

added “(ii) an offense involving the possession of controlled substances.

added “(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)

added 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:

added “(4) Exceptions

added “(A) Certain older offenses

added “(i) In general—With respect to an individual, paragraph (1) shall not apply to an offense if—

added “(I) it has been 7 years or more since the offense occurred; or

added “(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.

added “(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.

added “(iii) Limitation—This subparagraph shall not apply to an offense described under paragraph (1)(B).

added “(B) Expungement and sealing—With respect to an individual, paragraph (1) shall not apply to an offense if—

added “(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

added “(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.

added “(C) De minimis exemption

added “(i) In general—Paragraph (1) shall not apply to such de minimis offenses as the Board determines, by rule.

added “(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—

added “(I) is calculated based on the time an individual spent incarcerated as a punishment or a sanction, not as pretrial detention; and

added “(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.

added “(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.

added “(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.

added “(5) Consent applications

added “(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.

added “(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—

added “(i) shall be reviewed by such office;

added “(ii) may be approved or denied by such office, if such authority has been delegated to such office by the Board; and

added “(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.

added “(C) Individual applications filed with regional offices—Consent applications filed at a regional office by an individual—

added “(i) shall be reviewed by such office; and

added “(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—

added “(I) cases involving an offense described under paragraph (1)(B); and

added “(II) such other high-level security cases as may be designated by the Board.

added “(D) National office review—The national office of the Board shall—

added “(i) review any consent application with respect to which a regional office is not authorized to approve or deny the application; and

added “(ii) review any consent application that is denied by a regional office, if the individual requests a review by the national office.

added “(E) Forms and instructions

added “(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.

added “(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.

added “(F) Consideration of criminal history

added “(i) Regional office consideration—In reviewing a consent application, a regional office shall—

added “(I) primarily rely on the criminal history record of the Federal Bureau of Investigation; and

added “(II) provide such record to the applicant to review for accuracy.

added “(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.

added “(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—

added “(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;

added “(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

added “(iii) consider any additional information the Board determines necessary for safety and soundness.

added “(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.

added “(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.

added “(6) Definitions—In this subsection:

added “(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).

added “(B) Criminal offense involving dishonesty—The term “criminal offense involving dishonesty”—

added “(i) means an offense under which an individual, directly or indirectly—

added “(I) cheats or defrauds; or

added “(II) wrongfully takes property belonging to another in violation of a criminal statute;

added “(ii) includes an offense that Federal, State, or local law defines as dishonest, or for which dishonesty is an element of the offense; and

added “(iii) does not include—

added “(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

added “(II) an offense involving the possession of controlled substances.

added “(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)

added 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)

added review the rules issued to carry out this Act and the amendments made by this Act on—

(A)

added 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)

added the number of applications for consent applications under such sections; and

(C)

added the rates of approval and denial for consent applications under such sections;

(2)

added make the results of the review required under paragraph (1) available to the public; and

(3)

added issue a report to Congress containing any legislative or regulatory recommendations for expanding employment opportunities for those with a previous minor criminal offense.

(d)

added Discretionary surplus fund—

(1)

added 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)

added Effective date— The amendment made by subsection (a) shall take effect on September 30, 2032.

Sec. 5439 Banking transparency for sanctioned persons

added

added 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)

added a state sponsor of terrorism; or

(2)

added a person sanctioned pursuant to any of the following:

(A)

added 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)

added Subtitle F of title XII of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328, the Global Magnitsky Human Rights Accountability Act).

(C)

added Executive Order No. 13818.

Sec. 5440 Ukraine debt payment relief

added

(a)

added Suspension of multilateral debt payments of Ukraine—

(1)

added 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)

added 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)

added 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)

added 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)

added Report to the congress— Not later than December 31 of each year, the President shall—

(1)

added 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)

added make public a copy of the report.

(c)

added Waiver and termination—

(1)

added 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)

added 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

added

(a)

added 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:

added “206. Grant program

added “(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.

added “(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.

added “(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—

added “(1) employing a service coordinator to—

added “(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

added “(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));

added “(2) facilitating outreach to intergenerational families as described in subsection (d);

added “(3) planning and offering services to intergenerational families; and

added “(4) retrofitting and maintaining existing spaces within the property that contains the intergenerational dwelling unit for the services and programs provided to intergenerational families.

added “(d) Outreach

added “(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—

added “(A) performing periodic informational outreach; and

added “(B) planning and executing events for intergenerational families.

added “(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.

added “(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.

added “(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)

added VAWA protections— Section 41411(a)(3) of the Violence Against Women Act of 1994 (34 U.S.C. 12491(a)(3)) is amended—

(1)

added by redesignating subparagraphs (O) and (P) as subparagraphs (P) and (Q), respectively; and

(2)

added by inserting after paragraph (N) the following:

added “(O) the program established under the Grandfamily Housing Act of 2022;”

(c)

added 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)

added describes the effectiveness of the grant program established under section 206 of the LEGACY Act of 2003, as added by subsection (a); and

(2)

added makes recommendations for legislative changes that could allow for the grant program to be more effective.

Sec. 5442 Flexibility in Addressing Rural Homelessness

added

added 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:

added “(13) Projects in rural areas that consist of one or more of the following activities:

added “(A) Payment of short-term emergency lodging, including in motels or shelters, directly or through vouchers.

added “(B) Repairs to units—

added “(i) in which homeless individuals and families will be housed; or

added “(ii) which are currently not fit for human habitation.

added “(C) Staff training, professional development, skill development, and staff retention activities.”

Sec. 5443 Promoting diversity and inclusion in the appraisal profession

added

(a)

added In general— The Financial Institutions Reform, Recovery, and Enforcement Act of 1989 is amended—

(1)

added in section 1103(a) (12 U.S.C. 3332(a))—

(A)

added in paragraph (3), by striking “and” at the end;

(B)

added in paragraph (4), by striking the period at the end and inserting a semicolon;

(C)

added in paragraph (5), by striking the period at the end and inserting a semicolon;

(D)

added in paragraph (6), by striking the period at the end and inserting “a semicolon; and”; and

(E)

added by adding at the end the following new paragraph:

added “(7) administer the grant program under section 1122(j).”

(2)

added in section 1106 (12 U.S.C. 3335)—

(A)

added by inserting “(a) In general.—” before “The Appraisal Subcommittee”;

(B)

added by striking the comma after “comment”;

(C)

added by inserting before “Any regulations” the following:

added “(b) Regulations”

(D)

added 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)

added in section 1122 (12 U.S.C. 3351), by adding at the end the following new subsection:

added “(j) Grant program To promote diversity and inclusion in the appraisal profession

added “(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.

added “(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—

added “(A) funding scholarships;

added “(B) providing training and education;

added “(C) providing implicit bias training for appraisers; and

added “(D) other activities as determined appropriate to further the purposes of this grant program by the Appraisal Subcommittee.

added “(3) Allocation of funds—In making grants under this subsection, the Appraisal Subcommittee shall—

added “(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—

added “(i) scholarships for students of color who want to pursue a career in real estate appraisal; and

added “(ii) subsidizing living expenses for those students while in training; and

added “(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.

added “(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.

added “(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)

added 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

added

(a)

added Findings— Congress finds the following:

(1)

added 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)

added The transnational nature and complexity of trade-based money laundering make detection and investigation exceedingly difficult.

(3)

added 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)

added 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)

added 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)

added Trade-based money laundering can decrease tax revenue collected as a result of the sale of underpriced goods in the marketplace.

(7)

added 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)

added Drug trafficking organizations collaborate with Chinese criminal networks to launder profits from drug trafficking through Chinese messaging applications.

(9)

added 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)

added 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)

added Trade-based money laundering undermines national security and the rule of law in countries where it takes place.

(12)

added Illicit profits for transnational criminal organizations and other criminal organizations can lead to instability globally.

(13)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added Sense of Congress— It is the sense of Congress that—

(1)

added 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)

added 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)

added 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)

added 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)

added 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)

added the activities of transnational criminal organizations, including illicit trade and trade-based money laundering; and

(ii)

added the illicit economies such organizations operate in;

(D)

added coordinate with international partners to implement that strategy, exhorting those partners to strengthen their approaches to combating transnational criminal organizations; and

(E)

added 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)

added 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

added

added 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

added

(a)

added 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)

added in subsection (a)(1), by striking “that” and inserting “an”;

(2)

added in subsection (c)(2), by inserting after “shall notify the Board” the following: “, in a manner and method prescribed by the Board,”; and

(3)

added by striking subsection (f) and inserting the following:

added “(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—

added “(1) any Federal regulatory agencies that supervise any activity of that credit union organization; and

added “(2) any Federal banking agency that supervises any other person who maintains an ownership interest in that credit union organization.”

(b)

added GAO study on FHFA’s regulation of service providers—

(1)

added 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)

added 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)

added all findings and determinations made in carrying out the study required under paragraph (1);

(B)

added 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

(C)

added recommendations for legislative and administrative action.

Sec. 5447 Review of IMF loan surcharge policy

added

(a)

added Findings— The Congress finds as follows:

(1)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added suspend and waive surcharge payments during the pendency of the review.

(c)

added Components of the review of surcharge policy— The review referred to in subsection (b) shall include the following:

(1)

added 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)

added Evaluation of the policy’s direct impact on—

(A)

added disincentivizing large and prolonged reliance on Fund credit;

(B)

added mitigating the credit risks taken by the IMF;

(C)

added improving borrower balance of payments and debt sustainability, particularly during periods of contraction, unrest, and pandemic;

(D)

added promoting fiscally responsible policy reforms;

(E)

added disincentivizing borrowers from seeking opaque and potentially predatory bilateral loans; and

(F)

added improving the ability of borrowers to repay private creditors and access the private credit market.

(3)

added Recommendations for—

(A)

added Identifying alternative sources of funding for the IMF’s precautionary balances that prioritize stable funding sources and equitable burden-sharing among IMF members;

(B)

added Determining whether the Fund should maintain, reform, temporarily suspend or eliminate the use of surcharges.

(4)

added 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

added

(a)

added 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:

added “989A. Grants to eligible entities for enhanced protection of senior investors and senior policyholders

added “(a) Definitions—In this section:

added “(1) Eligible entity—The term eligible entity means—

added “(A) the securities commission (or any agency or office performing like functions) of any State; and

added “(B) the insurance department (or any agency or office performing like functions) of any State.

added “(2) Senior—The term senior means any individual who has attained the age of 62 years or older.

added “(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—

added “(A) uses the resources of a senior for monetary or personal benefit, profit, or gain;

added “(B) results in depriving a senior of rightful access to or use of benefits, resources, belongings, or assets; or

added “(C) is an action described in section 1348 of title 18, United States Code, that is taken against a senior.

added “(4) Task force—The term task force means the task force established under subsection (b)(1).

added “(b) Grant program

added “(1) Task force

added “(A) In general—The Commission shall establish a task force to carry out the grant program under paragraph (2).

added “(B) Membership—The task force shall consist of the following members:

added “(i) A Chair of the task force, who—

added “(I) shall be appointed by the Chairman of the Commission, in consultation with the Commissioners of the Commission; and

added “(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.

added “(ii) If the Chair is not a representative of the Office of the Investor Advocate of the Commission, a representative of such Office.

added “(iii) If the Chair is not a representative of the Division of Enforcement of the Commission, a representative of such Division.

added “(iv) Such other representatives as the Commission determines appropriate.

added “(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.

added “(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—

added “(A) may use the grant funds—

added “(i) to hire staff to identify, investigate, and prosecute (through civil, administrative, or criminal enforcement actions) cases involving senior financial fraud;

added “(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;

added “(iii) to provide educational materials and training to seniors to increase awareness and understanding of senior financial fraud;

added “(iv) to develop comprehensive plans to combat senior financial fraud; and

added “(v) to enhance provisions of State law to provide protection from senior financial fraud; and

added “(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.

added “(3) Authority of task force—In carrying out paragraph (2), the task force—

added “(A) may consult with staff of the Commission; and

added “(B) shall make public all actions of the task force relating to carrying out that paragraph.

added “(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—

added “(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—

added “(A) an identification of the scope of the problem of senior financial fraud in the applicable State;

added “(B) a description of how the proposed activities would—

added “(i) protect seniors from senior financial fraud, including by proactively identifying victims of senior financial fraud;

added “(ii) assist in the investigation and prosecution of those committing senior financial fraud; and

added “(iii) discourage and reduce cases of senior financial fraud; and

added “(C) a description of how the proposed activities would be coordinated with other State efforts; and

added “(2) any other information that the task force determines appropriate.

added “(d) Performance objectives; reporting requirements; audits

added “(1) In general—The task force—

added “(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

added “(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.

added “(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—

added “(A) specifies each recipient of a grant under this section;

added “(B) includes a description of the programs that are supported by each such grant; and

added “(C) includes an evaluation by the task force of the effectiveness of such grants.

added “(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.

added “(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.

added “(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—

added “(1) to carry out the activities described in subsection (b)(2)(A); and

added “(2) which may not be used for any activity described in subsection (b)(2)(B).

added “(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)

added 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. 5449 Banking Transparency for Sanctioned Persons

added

(a)

added Report on financial services benefitting state sponsors of terrorism, human rights abusers, and corrupt officials—

(1)

added 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)

added 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)

added 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)

added is owned or controlled by, or acts on behalf of, the government of a state sponsor of terrorism; or

(ii)

added is designated pursuant to any of the following:

(I)

added Section 404 of the Russia and Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012 (Public Law 112208).

(II)

added 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)

added Executive Order No. 13818.

(2)

added Form of report— The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex.

(b)

added 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)

added 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)

added 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.

(c)

added Definitions— For purposes of this section:

(1)

added Financial institution— The term financial institution means a United States financial institution or a foreign financial institution.

(2)

added 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)

added 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)

added 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)

added 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

added

(a)

added 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:

added “(9) Bureau servicemember and veteran credit reporting ombudsperson

added “(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—

added “(i) resolving persistent errors that are not resolved in a timely manner by a consumer reporting agency in connection with servicemembers and veterans; and

added “(ii) enhancing oversight of consumer reporting agencies by—

added “(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

added “(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.

added “(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.

added “(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)

added Discretionary Surplus Funds—

(1)

added 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)

added Effective date— The amendment made by paragraph (1) shall take effect on September 30, 2032.

Sec. 5451 Senior Investor Taskforce

added

(a)

added 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:

added “(k) Senior Investor Taskforce

added “(1) Establishment—There is established within the Commission the Senior Investor Taskforce (in this subsection referred to as the “Taskforce”).

added “(2) Director of the Taskforce—The head of the Taskforce shall be the Director, who shall—

added “(A) report directly to the Chairman; and

added “(B) be appointed by the Chairman, in consultation with the Commission, from among individuals—

added “(i) currently employed by the Commission or from outside of the Commission; and

added “(ii) having experience in advocating for the interests of senior investors.

added “(3) Staffing—The Chairman shall ensure that—

added “(A) the Taskforce is staffed sufficiently to carry out fully the requirements of this subsection; and

added “(B) such staff shall include individuals from the Division of Enforcement, Office of Compliance Inspections and Examinations, and Office of Investor Education and Advocacy.

added “(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.

added “(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.

added “(6) Functions of the Taskforce—The Taskforce shall—

added “(A) identify challenges that senior investors encounter, including problems associated with financial exploitation and cognitive decline;

added “(B) identify areas in which senior investors would benefit from changes in the regulations of the Commission or the rules of self-regulatory organizations;

added “(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

added “(D) consult, as appropriate, with State securities and law enforcement authorities, State insurance regulators, and other Federal agencies.

added “(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—

added “(A) appropriate statistical information and full and substantive analysis;

added “(B) a summary of recent trends and innovations that have impacted the investment landscape for senior investors;

added “(C) a summary of regulatory initiatives that have concentrated on senior investors and industry practices related to senior investors;

added “(D) key observations, best practices, and areas needing improvement, involving senior investors identified during examinations, enforcement actions, and investor education outreach;

added “(E) a summary of the most serious issues encountered by senior investors, including issues involving financial products and services;

added “(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;

added “(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

added “(H) any other information, as determined appropriate by the Director of the Taskforce.

added “(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.

added “(9) Sunset—The Taskforce shall terminate after the end of the 10-year period beginning on the date of the enactment of this subsection.

added “(10) Senior investor defined—For purposes of this subsection, the term senior investor means an investor over the age of 65.

added “(11) Use of existing funds—The Commission shall use existing funds to carry out this subsection.”

(b)

added GAO study—

(1)

added 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)

added Contents— The study required under paragraph (1) shall include information with respect to—

(A)

added economic costs of the financial exploitation of senior citizens—

(i)

added associated with losses by victims that were incurred as a result of the financial exploitation of senior citizens;

(ii)

added 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)

added incurred by the private sector as a result of the financial exploitation of senior citizens; and

(iv)

added any other relevant costs that—

(I)

added result from the financial exploitation of senior citizens; and

(II)

added 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)

added frequency of senior financial exploitation and correlated or contributing factors—

(i)

added information about percentage of senior citizens financially exploited each year; and

(ii)

added 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

(C)

added policy responses and reporting of senior financial exploitation—

(i)

added the degree to which financial exploitation of senior citizens unreported to authorities;

(ii)

added the reasons that financial exploitation may be unreported to authorities;

(iii)

added to the extent that suspected elder financial exploitation is currently being reported—

(I)

added information regarding which Federal, State, and local agencies are receiving reports, including adult protective services, law enforcement, industry, regulators, and professional licensing boards;

(II)

added information regarding what information is being collected by such agencies; and

(III)

added 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)

added 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)

added 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)

added 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

added

(a)

added 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:

added “1329. Uniform Residential Loan Application

added “The Director shall, not later than 6 months after the date of the enactment of this section, require each enterprise to—

added “(1) include a military service question on the form known as the Uniform Residential Loan Application; and

added “(2) position such question above the signature line of the Uniform Residential Loan Application.”

(b)

added 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

added

(a)

added 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:

added “(p) Prohibition on trading ahead by market makers

added “(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—

added “(A) the market maker has a duty of trust and loyalty to the customer arising from the receipt of such order; and

added “(B) the information in such order is material, non-public information that may be used only in furtherance of executing such customer’s order.

added “(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—

added “(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

added “(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.

added “(3) Personal liability

added “(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—

added “(i) two times the amount of profit realized by reason of such violation; or

added “(ii) $50,000.

added “(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—

added “(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—

added “(I) during the time period in which the violations occurred; or

added “(II) in the one- to three-year time period preceding the date on which the violations were discovered; and

added “(ii) imprisoned for not more than 5 years.

added “(C) Associated person defined—The term “associated person” means an associated person of a broker or dealer.

added “(4) Rulemaking—Not later than the end of the 90-day period beginning on the date of enactment of this subsection, the Commission—

added “(A) shall issue rules to carry out this subsection; and

added “(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)

added 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)

added 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

added

(a)

added Securing essential medical materials—

(1)

added Statement of policy— Section 2(b) of the Defense Production Act of 1950 (50 U.S.C. 4502) is amended—

(A)

added by redesignating paragraphs (3) through (8) as paragraphs (4) through (9), respectively; and

(B)

added by inserting after paragraph (2) the following:

added “(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)

added Strengthening domestic capability— Section 107 of the Defense Production Act of 1950 (50 U.S.C. 4517) is amended—

(A)

added in subsection (a), by inserting “(including medical materials)” after “materials”; and

(B)

added 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)

added 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:

added “109. Strategy on securing supply chains for medical materials

added “(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:

added “(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.

added “(2) An analysis of vulnerabilities to existing supply chains for such medical materials, and recommendations to address the vulnerabilities.

added “(3) Measures to be undertaken by the President to diversify such supply chains, as appropriate and as required for national defense.

added “(4) A discussion of—

added “(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.));

added “(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

added “(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.

added “(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.

added “(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)

added Investment in supply chain security—

(1)

added 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:

added “(h) Investment in supply chain security

added “(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.

added “(2) Eligible entity—An eligible entity described in this paragraph is an entity that—

added “(A) is organized under the laws of the United States or any jurisdiction within the United States; and

added “(B) produces—

added “(i) one or more critical components;

added “(ii) critical technology; or

added “(iii) one or more products or raw materials for the security of supply chains or supply chain activities.

added “(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)

added Regulations—

(A)

added 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)

added Scope of definitions— The definitions required by subparagraph (A)—

(i)

added shall encompass—

(I)

added the organization, people, activities, information, and resources involved in the delivery and operation of a product or service used by the Government; or

(II)

added critical infrastructure as defined in Presidential Policy Directive 21 (February 12, 2013; relating to critical infrastructure security and resilience); and

(ii)

added may include variations as determined necessary and appropriate by the President for purposes of national defense.

Sec. 5455 Special Drawing Rights exchange prohibition

added

(a)

added 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)

added Advocacy— The Secretary of the Treasury shall—

(1)

added 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)

added 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.

(c)

added Termination— The preceding provisions of this section shall have no force or effect on the earlier of—

(1)

added the date that is 5 years after the date of the enactment of this Act; or

(2)

added 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)

added 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

added

(a)

added 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:

added “16A. Prohibition on insider trading

added “(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—

added “(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

added “(2) is aware (including if the person consciously avoids being aware), or recklessly disregards, that—

added “(A) the information described in paragraph (1) has been obtained wrongfully; or

added “(B) the purchase, sale, or entry would constitute wrongful trading on the information described in paragraph (1).

added “(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—

added “(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

added “(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.

added “(c) Standard and knowledge requirement

added “(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—

added “(A) theft, conversion, bribery, misrepresentation, espionage (through electronic or other means), or other unauthorized access of the information;

added “(B) a violation of any Federal law protecting—

added “(i) computer data; or

added “(ii) the intellectual property or privacy of computer users;

added “(C) misappropriation from a source of the information; or

added “(D) a breach of any fiduciary duty to shareholders of an issuer for a direct or indirect personal benefit, including—

added “(i) an existing or future pecuniary gain or reputational benefit; or

added “(ii) a gift of confidential information to a relative or friend.

added “(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.

added “(d) Affirmative defenses

added “(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.

added “(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.

added “(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—

added “(1) purchase, sell, or enter into a security, security-based swap, or security-based swap agreement while aware of material, nonpublic information; or

added “(2) communicate material, nonpublic information relating to a security, security-based swap, or security-based swap agreement.”

(b)

added Conforming amendments— The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended—

(1)

added in section 3(a)(78)(A) (15 U.S.C. 78c(a)(78)(A)), by inserting “16A,” after “16,”;

(2)

added 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)

added in section 21A (15 U.S.C. 78u–1)—

(A)

added 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)

added 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)

added 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

added

(a)

added In general— Title I of the Housing and Community Development Act of 1974 is amended—

(1)

added in section 101(c) (42 U.S.C. 5301(c))—

(A)

added in paragraph (8), by striking “and” at the end;

(B)

added in paragraph (9), by striking the period at the end and inserting “; and”; and

(C)

added by inserting after paragraph (9) and before the undesignated matter at the end the following:

added “(10) in the case of grants awarded under section 123, the recovery from disasters and efforts to mitigate the effects of future disasters.”

(2)

added in section 102(a) (42 U.S.C. 5302(a))—

(A)

added 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)

added by adding at the end the following new paragraph:

added “(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)

added in section 106(c)(4) (42 U.S.C. 5306(c)(4))—

(A)

added in subparagraph (A)—

(i)

added by striking “declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act”; and

(ii)

added by inserting “major” before “disaster, any amounts”;

(B)

added in subparagraph (C), by inserting “major” before “disaster”; and

(C)

added in subparagraph (F), by inserting “major” before “disaster”;

(4)

added 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)

added by adding at the end the following new sections:

added “123. CDBG-disaster recovery assistance

added “(a) Authority; Use

added “(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.).

added “(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.

added “(b) Allocation; coordination

added “(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.

added “(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.

added “(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.

added “(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.

added “(5) Coordination of disaster benefits and data with other Federal agencies

added “(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.

added “(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—

added “(i) all data on damage caused by the disaster;

added “(ii) information on how any Federal assistance provided in connection with the disaster is expended; and

added “(iii) information regarding the effect of the disaster on education, transportation capabilities and dependence, housing needs, health care capacity, and displacement of persons.

added “(C) Requirements regarding eligibility for direct assistance and duplication of benefits

added “(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.

added “(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.

added “(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.

added “(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.

added “(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.

added “(c) Plan for use of assistance

added “(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—

added “(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);

added “(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);

added “(C) identification of officials and offices responsible for administering such funds and processes and procedures for identifying and recovering duplicate benefits;

added “(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

added “(E) a plan to provide for the funding and delivery of—

added “(i) case management services to assist disaster-impacted residents in identifying, understanding, and accessing available assistance; and

added “(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;

added “(F) a plan for addressing displacement or relocation caused by activities performed pursuant to this section,

added “(G) a plan for addressing displacement or relocation caused by activities performed pursuant to this section.

added “(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:

added “(A) Implementation funding under this paragraph shall not exceed 10 percent of the grant awarded under subsection (a).

added “(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.

added “(C) Awards under this subsection shall not be subject to the substantial compliance determination under subsection (b)(4).

added “(3) Approval

added “(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.

added “(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.

added “(4) Disapproval—The Secretary shall disapprove a plan or substantial amendment to a plan if—

added “(A) the plan or substantial amendment does not meet the approval criteria;

added “(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—

added “(i) between infrastructure and housing activities; and

added “(ii) between homeowners, renters, and persons experiencing homelessness;

added “(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;

added “(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));

added “(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

added “(F) the plan or substantial amendment does not provide a process to provide applicants—

added “(i) notice by grantee of applicant’s right to administrative appeal of any adverse action on the applicant’s application; and

added “(ii) right to full discovery of applicant’s entire application file.

added “(5) Public consultation—In developing the plan required under paragraph (1), a grantee shall, at a minimum—

added “(A) consult with affected residents, stakeholders, local governments, and public housing authorities to assess needs;

added “(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;

added “(C) ensure equal access for individuals with disabilities and individuals with limited English proficiency; and

added “(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.

added “(6) Resubmission—The Secretary shall permit a grantee to revise and resubmit a disapproved plan or plan amendment.

added “(7) Timing

added “(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.

added “(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.

added “(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.

added “(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.

added “(d) Financial controls

added “(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—

added “(A) proficient financial controls and procurement processes;

added “(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;

added “(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

added “(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.

added “(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).

added “(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.

added “(e) Use of funds

added “(1) Administrative costs

added “(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.

added “(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—

added “(i) such percentage limitations are based on the amount of grant funds received by a grantee;

added “(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

added “(iii) in no case may a grantee so use more than 10 percent of grant funds received.

added “(2) Limitations on use—Amounts from a grant under this section may not be used for activities—

added “(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

added “(B) for which funds are made available by the Army Corps of Engineers.

added “(3) HUD administrative costs

added “(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.

added “(B) Transfer of funds—Any amounts made available for use in accordance with subparagraph (A)—

added “(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;

added “(ii) shall remain available until expended; and

added “(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.

added “(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.

added “(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.

added “(6) Mitigation planning

added “(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).

added “(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.

added “(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.

added “(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.

added “(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.

added “(7) Building safety

added “(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.

added “(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.

added “(C) Compliance—Compliance with this paragraph may be certified by a suitable design professional.

added “(D) Definitions—For purposes of this paragraph, the following definitions shall apply:

added “(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.

added “(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.

added “(8) Flood risk mitigation

added “(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)).

added “(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.

added “(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.).

added “(f) Administration—In administering any amounts made available for assistance under this section, the Secretary—

added “(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

added “(2) shall prohibit a grantee from delegating, by contract or otherwise, the responsibility for inherent government functions.

added “(g) Training for grant management for subgrantees—The Secretary shall require each grantee to provide ongoing training to all staff and subgrantees.

added “(h) Procurement processes and procedures for grantees

added “(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—

added “(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

added “(B) comply with such processes and procedures as the Secretary shall, by regulation, establish for purposes of this section.

added “(2) Requirements—The requirements under this paragraph with respect to such processes and procedures shall—

added “(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;

added “(B) include requirements for procurement policies and procedures for subgrantees;

added “(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;

added “(D) include standards of conduct governing employees engaged in the award or administration of contracts; and

added “(E) ensure that all purchase orders and contracts include any clauses required by Federal statute, Executive order, or implementing regulation.

added “(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).

added “(j) Waivers

added “(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.

added “(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.

added “(3) Applicable requirements and benefit to low- and moderate-income persons

added “(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).

added “(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.

added “(4) Prohibition—The Secretary may not use the authority under paragraph (1) to waive any provision of this section.

added “(k) Environmental review

added “(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)).

added “(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.).

added “(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.

added “(l) Collection of information; audits and oversight

added “(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.

added “(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.

added “(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.

added “(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.

added “(m) Plan pre-Certification for States and units of general local government

added “(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—

added “(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

added “(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.

added “(2) Requirements—To be eligible for pre-certification under the program under this subsection a State or unit of general local government shall—

added “(A) demonstrate to the satisfaction of the Secretary compliance with the requirements of this section; and

added “(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.).

added “(3) Approval of plans

added “(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.

added “(B) Effect of pre-certification—Pre-certification pursuant to this subsection shall not—

added “(i) establish any entitlement to, or priority or preference for, allocation of funds made available under this section; or

added “(ii) exempt any grantee from complying with any of the requirements under, or established pursuant to, subsection (c) or (d).

added “(4) Duration—Pre-certification under this subsection shall be effective for a term of 5 years.

added “(n) Deposit of unused amounts in fund

added “(1) Unmet needs—If any amounts made available for assistance for unmet needs under this section to grantees remain unexpended upon the earlier of—

added “(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

added “(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);

added “(2) Mitigation—If any amounts made available for assistance for mitigation under this section to grantees remain unexpended upon the earlier of—

added “(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

added “(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);

added “(3) Extension of period of performance

added “(A) Unmet needs

added “(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.

added “(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.

added “(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.

added “(o) Best practices

added “(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—

added “(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

added “(B) standards for at least form of application, determining unmet need, and income eligibility.

added “(2) Expedited review

added “(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.

added “(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.

added “(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.

added “(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.

added “(E) Revision—The Secretary may revise the requirements for expedited review at any time after a public comment period of at least 60 days.

added “(p) Definitions—For purposes of this section:

added “(1) Grantee—The term grantee means a recipient of funds made available under this section after its enactment.

added “(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.

added “124. Community development block grant declared disaster recovery fund

added “(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”).

added “(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.

added “(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)

added Regulations—

(1)

added 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)

added 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

added

(a)

added 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)

added Table of contents— The table of contents for this subtitle is as follows:

(c)

added 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

added

(a)

added In general— A Federal banking regulator may not—

(1)

added 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)

added 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)

added 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)

added 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)

added the account holder later becomes an employee, owner, or operator of a cannabis-related legitimate business or service provider; or

(C)

added 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)

added take any adverse or corrective supervisory action on a loan made to—

(A)

added a cannabis-related legitimate business or service provider, solely because the business is a cannabis-related legitimate business or service provider;

(B)

added 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)

added 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)

added 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)

added 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

added

added 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)

added the transaction involves proceeds from a cannabis-related legitimate business or service provider; or

(2)

added the transaction involves proceeds from—

(A)

added cannabis-related activities described in section 5474(4)(B) conducted by a cannabis-related legitimate business; or

(B)

added activities described in section 5474(13)(A) conducted by a service provider.

Sec. 5464 Protections under Federal law

added

(a)

added 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)

added solely for providing such a financial service; or

(2)

added for further investing any income derived from such a financial service.

(b)

added 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)

added solely for providing such a service; or

(2)

added for further investing any income derived from such a service.

(c)

added 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)

added solely for engaging in the business of insurance; or

(2)

added for further investing any income derived from the business of insurance.

(d)

added Forfeiture—

(1)

added 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)

added 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

added

(a)

added 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)

added 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)

added 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

added

added Section 5318(g) of title 31, United States Code, is amended by adding at the end the following:

added “(5) Requirements for cannabis-related legitimate businesses

added “(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.

added “(B) Definitions—For purposes of this paragraph:

added “(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).

added “(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.

added “(iii) Indian country—The term Indian country has the meaning given that term in section 1151 of title 18.

added “(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).

added “(v) Financial service—The term financial service has the meaning given that term in section 5474 of the SAFE Banking Act of 2022.

added “(vi) Service provider—The term service provider has the meaning given that term in section 5474 of the SAFE Banking Act of 2022.

added “(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

added

added 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

added

added The Federal banking regulators shall issue an annual report to Congress containing—

(1)

added information and data on the availability of access to financial services for minority-owned and women-owned cannabis-related legitimate businesses; and

(2)

added 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

added

(a)

added 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)

added Report— The Comptroller General shall issue a report to the Congress—

(1)

added containing all findings and determinations made in carrying out the study required under subsection (a); and

(2)

added 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

added

added 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)

added During the period of 2014 until the date of the enactment of this Act, reports relating to marijuana-related businesses.

(2)

added 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

added

(a)

added 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)

added Definitions— In this section:

(1)

added CBD— The term CBD means cannabidiol.

(2)

added 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)

added Hemp-related legitimate business— The term hemp-related legitimate business means a manufacturer, producer, or any person or company that—

(A)

added 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)

added 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)

added Hemp-related service provider— The term hemp-related service provider—

(A)

added means a business, organization, or other person that—

(i)

added sells goods or services to a hemp-related legitimate business; or

(ii)

added 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)

added 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

added

(a)

added Findings— The Congress finds that—

(1)

added 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)

added 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)

added businesses involved in the sale of hemp-derived CBD products are particularly affected, due to confusion about the legal status of such products.

(b)

added 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)

added 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)

added best practices for financial institutions to follow when providing financial services, including processing payments, to hemp-related legitimate businesses and hemp-related service providers.

(c)

added Definitions— In this section:

(1)

added Financial institution— The term financial institution—

(A)

added has the meaning given that term under section 5312(a) of title 31, United States Code; and

(B)

added 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)

added 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

added

(a)

added Termination requests or orders must be valid—

(1)

added 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)

added the agency has a valid reason for such request or order; and

(B)

added such reason is not based solely on reputation risk.

(2)

added 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)

added poses a threat to national security;

(B)

added is involved in terrorist financing;

(C)

added 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)

added is located in, or is subject to the jurisdiction of, any country specified in subparagraph (C); or

(E)

added 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),

(b)

added Notice requirement—

(1)

added 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)

added provide such request or order to the institution in writing; and

(B)

added 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)

added Justification requirement— A justification described under paragraph (1)(B) may not be based solely on the reputation risk to the depository institution.

(c)

added Customer notice—

(1)

added 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)

added Notice prohibited—

(A)

added 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)

added 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)

added Reporting requirement— Each appropriate Federal banking agency shall issue an annual report to the Congress stating—

(1)

added the aggregate number of specific customer accounts that the agency requested or ordered a depository institution to terminate during the previous year; and

(2)

added 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)

added Definitions— For purposes of this section:

(1)

added Appropriate Federal banking agency— The term appropriate Federal banking agency means—

(A)

added the appropriate Federal banking agency, as defined under section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); and

(B)

added the National Credit Union Administration, in the case of an insured credit union.

(2)

added Depository institution— The term depository institution means—

(A)

added a depository institution, as defined under section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); and

(B)

added an insured credit union.

Sec. 5474 Definitions

added

added In this subtitle:

(1)

added 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)

added 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)

added 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)

added Cannabis-related legitimate business— The term cannabis-related legitimate business means a manufacturer, producer, or any person or company that—

(A)

added 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)

added 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)

added Depository institution— The term depository institution means—

(A)

added a depository institution as defined in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c));

(B)

added a Federal credit union as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752); or

(C)

added a State credit union as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752).

(6)

added 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)

added Financial service— The term financial service—

(A)

added 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)

added means a financial product or service, or any combination of products and services, permitted to be provided by—

(i)

added a national bank or a financial subsidiary pursuant to the authority provided under—

(I)

added the provision designated “Seventh” of section 5136 of the Revised Statutes of the United States (12 U.S.C. 24); or

(II)

added section 5136A of the Revised Statutes of the United States (12 U.S.C. 24a); and

(ii)

added a Federal credit union, pursuant to the authority provided under the Federal Credit Union Act;

(C)

added includes the business of insurance;

(D)

added 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)

added 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)

added 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)

added Indian country— The term Indian country has the meaning given that term in section 1151 of title 18.

(9)

added 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)

added Insurer— The term insurer has the meaning given that term under section 313(r) of title 31, United States Code.

(11)

added Manufacturer— The term manufacturer means a person who manufactures, compounds, converts, processes, prepares, or packages cannabis or cannabis products.

(12)

added Producer— The term producer means a person who plants, cultivates, harvests, or in any way facilitates the natural growth of cannabis.

(13)

added Service provider— The term service provider—

(A)

added means a business, organization, or other person that—

(i)

added sells goods or services to a cannabis-related legitimate business; or

(ii)

added 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)

added 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)

added 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

added

added 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. 5505 Establishment of Fund

added

(a)

added 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)

added improve community safety in the face of climactic extremes through conservation and protection of restoration and resilience lands;

(2)

added 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)

added 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)

added to protect and enhance the biodiversity of wildlife populations across restoration and resilience lands;

(5)

added to support the health of restoration and resilience lands for the benefit of present and future generations;

(6)

added to foster innovative, nature-based solutions that help meet the goals of this section; and

(7)

added to enhance the nation’s natural carbon sequestration capabilities and help communities strengthen natural carbon sequestration capacity where applicable.

(b)

added Management of the Fund— The Foundation shall manage the Fund—

(1)

added pursuant to the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.); and

(2)

added in such a manner that, to the greatest extent practicable and consistent with the purposes for which the Fund is established—

(A)

added 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)

added avoids project selection and funding overlap with those projects and activities that could otherwise receive funding under—

(i)

added the National Oceans and Coastal Security Fund, established under the National Oceans and Coastal Security Act (16 U.S.C. 7501); or

(ii)

added other coastal management focused programs.

(c)

added Competitive grants—

(1)

added 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)

added Proposals— The Foundation, in coordination with the Secretary, shall establish requirements for proposals for competitive grants under this section.

(d)

added Use of Amounts in the Fund—

(1)

added 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)

added 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)

added Priority— Not less than $10,000,000 shall be awarded annually to support eligible projects and activities for Indian Tribes.

(4)

added 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)

added Reports—

(1)

added 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)

added an accounting of expenditures made under the Fund, including leverage and match where applicable;

(B)

added 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)

added measures and metrics to track benefits created by grants administered under the Fund, including enhanced biodiversity, water quality, natural carbon sequestration, and resilience.

(2)

added 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)

added 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)

added a description of land health benefits derived from projects funded by grants awarded by the Fund, including an accounting of—

(i)

added lands treated for invasive species;

(ii)

added lands treated for wildfire threat reduction, including those treated with controlled burning or other natural fire-management techniques; and

(iii)

added lands restored either from wildfire or other forms or degradation, including over-grazing and sedimentation;

(C)

added key findings for Congress, including any recommended changes to the authorization or purposes of the Fund;

(D)

added best practices for other Federal agencies in the administration of funds intended for land and habitat restoration;

(E)

added information on the use and outcome of funds specifically set aside for planning and capacity building pursuant to section 6; and

(F)

added any other information that the Foundation considers relevant.

(3)

added 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)

added 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)

added Definitions— For purposes of this section:

(1)

added 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)

added 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)

added 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)

added The term Fund means the Community Resilience and Restoration Fund established under subsection (a).

(5)

added 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)

added 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)

added The term public lands means lands owned or controlled by the United States.

(8)

added The term Secretary means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service.

(9)

added 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

added

(a)

added 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)

added 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

added

(a)

added Completion of trail—

(1)

added 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)

added Section 3(a)(2) (16 U.S.C. 1242(a)(2)).

(B)

added Section 5(a)(5) (16 U.S.C. 1244(a)(5)).

(C)

added Section 7 (16 U.S.C. 1246).

(2)

added 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)

added 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)

added 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.

(C)

added Publish maps of the completed Trail corridor.

(b)

added Trail completion team—

(1)

added 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)

added Duties of the team— The Team shall:

(A)

added 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)

added eliminates gaps between segments of the Trail;

(ii)

added 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)

added 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)

added 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)

added Provide the necessary administrative and technical support to complete the Trail corridor under subsection (a).

(C)

added 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)

added Support the Secretary in the development of the acquisition and development plan under subsection (c) and annual reports under subsection (f).

(c)

added Comprehensive acquisition and development plan—

(1)

added 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)

added Contents of plan— The comprehensive acquisition and development plan should—

(A)

added 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)

added include a plan for closing such gaps by acquiring lands or interests in land; and

(C)

added include general and site-specific development plans, including anticipated costs.

(d)

added Method of acquisition— In carrying out this section, the Secretary and the Secretary of the Interior—

(1)

added may acquire land only by purchase from a willing seller with donated or appropriated funds, by donation, or by exchange; and

(2)

added may not acquire land by eminent domain.

(e)

added 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)

added 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)

added The progress in acquiring land or interests in land to complete the Trail consistent with this section.

(2)

added 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)

added 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)

added The estimated amount of land or interests in land remaining to be acquired.

(5)

added 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)

added Definitions— In this section:

(1)

added 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)

added 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)

added 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)

added Secretary— The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service.

(5)

added Team— The term Team means the trail completion team established under subsection (b).

(6)

added 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

added

added 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

added

(a)

added Program establishment—

(1)

added 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)

added Duties— In carrying out the program, the Secretary shall—

(A)

added 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)

added adopt a Watershed-wide strategy that—

(i)

added supports the implementation of a shared set of science-based restoration and protection activities developed in accordance with subparagraph (A);

(ii)

added targets cost-effective projects with measurable results;

(iii)

added maximizes conservation outcomes;

(iv)

added prioritizes the needs of communities lacking in environmental justice; and

(v)

added establishes the voluntary grant and technical assistance programs authorized in this section.

(3)

added Consultation— In establishing the program, the Secretary shall, as appropriate—

(A)

added consult with—

(i)

added the heads of Federal agencies, including—

(I)

added the Administrator of the Environmental Protection Agency;

(II)

added the Administrator of the National Oceanic and Atmospheric Administration;

(III)

added the Secretary of Agriculture; and

(IV)

added the Director of the National Park Service; and

(ii)

added Indian Tribes; and

(B)

added coordinate with —

(i)

added 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)

added the New York-New Jersey Harbor & Estuary Program; and

(iii)

added other public agencies and organizations with authority for the planning and implementation of conservation strategies in the Watershed.

(4)

added Purposes— The purposes of the program include—

(A)

added coordinating restoration and protection activities among Federal, State, local, and regional entities and conservation partners throughout the Watershed;

(B)

added carrying out coordinated restoration and protection activities, and providing for technical assistance throughout the Watershed—

(i)

added to sustain and enhance fish and wildlife habitat restoration and protection activities;

(ii)

added 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)

added 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)

added 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)

added to increase scientific capacity to support the planning, monitoring, and research activities necessary to carry out coordinated restoration and protection activities;

(vi)

added to provide for feasibility and planning studies for green infrastructure projects that achieve habitat restoration and stormwater management goals;

(vii)

added to support land conservation and management activities necessary to fulfill the Watershed-wide strategy adopted under subsection (a)(2)(B);

(viii)

added to provide technical assistance to carry out restoration and protection activities in the Watershed;

(ix)

added to monitor environmental quality to assess progress toward the goals of this section; and

(x)

added 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

(C)

added other activities necessary for the implementation of approved plans.

(b)

added New York-New Jersey Watershed Restoration Grant Program—

(1)

added 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)

added 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)

added 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)

added Cost sharing—

(A)

added 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)

added 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.

(c)

added Administration—

(1)

added 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)

added Funding— If the Secretary enters into an agreement under paragraph (A), the organization selected shall—

(A)

added 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)

added invest and reinvest those amounts for the benefit of the grant program; and

(C)

added otherwise administer the grant program to support partnerships between the public and private sectors in accordance with this section.

(3)

added 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)

added 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)

added 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)

added Sunset— This section shall have no force or effect after September 30, 2030.

(g)

added Authorization of appropriations—

(1)

added 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)

added 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)

added Definitions— In this section:

(1)

added Approved plans— The term “approved plan”—

(A)

added means any plan for management of the New York-New Jersey Watershed—

(i)

added 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)

added that is determined by the Director, in consultation with such entities, to contribute to the achievement of the purposes of this section; and

(B)

added 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)

added Director— The term “Director” means the Director of the United States Fish and Wildlife Service.

(3)

added 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)

added Foundation— The term “Foundation” means the National Fish and Wildlife Foundation.

(5)

added Grant program— The term “grant program” means the voluntary New York-New Jersey Watershed Restoration Grant Program established under section 405.

(6)

added Program— The term “program” means the New York-New Jersey Watershed Restoration Program established under section 404.

(7)

added 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)

added Secretary— The term “Secretary” means the Secretary of the Interior, acting through the Director.

(9)

added Service— The term “Service” means the United States Fish and Wildlife Service.

(10)

added 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

added

added Section 308703 of title 54, United States Code, is amended—

(1)

added in subsection (b)(1), by inserting “subsection (k) and” after “amounts for that purpose under”;

(2)

added in subsection (c)(1), by inserting “subsection (k) and” after “amounts for that purpose under”; and

(3)

added by adding at the end the following:

added “(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

added

(a)

added Definitions— In this section:

(1)

added 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)

added 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)

added Molok Luyuk— The term Molok Luyuk means Condor Ridge (in the Patwin language).

(4)

added 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)

added Secretary— The term “Secretary” means the Secretary of the Interior.

(6)

added 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)

added National monument expansion—

(1)

added Boundary modification— The boundary of the National Monument is modified to include the Walker Ridge (Molok Luyuk) Addition.

(2)

added Map—

(A)

added Corrections— The Secretary may make clerical and typographical corrections to the Map.

(B)

added Public availability; effect— The Map and any corrections to the Map under subparagraph (A) shall—

(i)

added be publicly available on the website of the Bureau of Land Management; and

(ii)

added have the same force and effect as if included in this section.

(3)

added Administration— Subject to valid existing rights, the Secretary shall administer the Walker Ridge (Molok Luyuk) Addition—

(A)

added as part of the National Monument;

(B)

added in accordance with Presidential Proclamation 9298, dated July 10, 2015 (80 Fed. Reg. 41975); and

(C)

added in accordance with applicable laws (including regulations).

(c)

added Management Plan—

(1)

added 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)

added Tribal Consultation— The Secretary and the Secretary of Agriculture shall consult with affected federally recognized Indian Tribes in—

(A)

added the development of the management plan under paragraph (1); and

(B)

added making management decisions relating to the National Monument.

(3)

added 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)

added 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)

added 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)

added the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.);

(2)

added the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);

(3)

added the Tribal Self-Governance Act of 1994 (25 U.S.C. 5361 et seq.);

(4)

added the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a et seq.);

(5)

added the good neighbor authority under section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a);

(6)

added Executive Order 13175 (25 U.S.C. 5301 note; relating to consultation and coordination with Indian Tribal governments);

(7)

added 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)

added 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)

added Designation of Condor Ridge (Molok Luyuk) in Lake and Colusa Counties, California—

(1)

added 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)

added 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)

added Map and legal description—

(A)

added Preparation—

(i)

added Initial map— The Board shall prepare a map and legal description of the parcel of Federal land designated by subsection (a).

(ii)

added 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)

added Consultation— In preparing the map and legal description under subparagraph (A)(i), the Board shall consult with—

(i)

added the Director of the Bureau of Land Management; and

(ii)

added affected federally recognized Indian Tribes.

(C)

added 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)

added be publicly available on the website of the Board, the Bureau of Land Management, or both; and

(ii)

added have the same force and effect as if included in this section.

Sec. 5676 Investigations of department of justice personnel

added

added Section 8E of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1)

added in subsection (b)—

(A)

added in paragraph (2), by striking “and paragraph (3)”;

(B)

added by striking paragraph (3);

(C)

added by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; and

(D)

added in paragraph (4), as redesignated, by striking “paragraph (4)” and inserting “paragraph (3)”; and

(2)

added 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

added

added 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

added

(a)

added Establishment of Office— Section 12 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1)

added in paragraph, (1) by inserting “the Director of the Office of Management and Budget,” after “means”; and

(2)

added in paragraph (2), by inserting “the Office of Management and Budget,” after “means”.

(b)

added 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:

added “8O. Special provisions concerning the Inspector General of the Office of Management and Budget

added “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)

added 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. 5704 Study and report on returnship programs

added

(a)

added 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)

added where returnship programs could be used to address such workforce needs and bolster the knowledge and experience base of such workforce;

(2)

added how the programs would be structured and the estimated funding levels to implement the returnship programs; and

(3)

added if and how returnship programs impact the diversity of such workforce.

(b)

added 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

added

(a)

added 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)

added 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)

added under the terms and conditions under part 8 of such title as in effect on such date.

(b)

added 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. 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)

changed expand (by including more military installations, communities, or other ~~sites)~~ 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)

changed the Committee on Energy and ~~Commerce~~ 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. 5806 Arms Exports Delivery Solutions Act

added

(a)

added Sense of congress— It is the sense of Congress that—

(1)

added prioritizing the defense needs of United States allies and partners globally is a national security priority; and

(2)

added sustained support to key partners for interoperable defense systems is critical to preserve—

(A)

added the safety and security of American persons;

(B)

added the free flow of commerce through international trade routes;

(C)

added the United States commitment to collective security agreements, territorial integrity, and recognized maritime boundaries; and

(D)

added Taiwan’s defense capability both in quantitative and qualitative terms.

(b)

added 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)

added section 3, 21, or 36 of the Arms Export Control Act (22 U.S.C. 2753, 2761, or 2776); or

(2)

added section 516(c)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(c)(2)).

(c)

added Elements— The report required by subsection (b) shall also contain the following:

(1)

added 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)

added 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)

added With respect to each approved and incomplete transfer listed pursuant to paragraph (1), a detailed description of—

(A)

added 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)

added 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)

added 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)

added 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)

added 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)

added the case information for such transfer;

(B)

added a description of the reasons for which the transfer is no longer in effect; and

(C)

added the impact this termination will have on the intended end-user and the consequent implications for regional security.

(6)

added 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)

added 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)

added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—

(1)

added the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and

(2)

added the Committee on Foreign Relations and the Committee on Armed Services of the Senate.

Sec. 5807 Prohibition on transfers to Badr Organization

added

added 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

added

(a)

added 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)

added intentionally add any security vulnerability or weaken or omit any safeguard in the standards, items, or services of the provider;

(2)

added remove or omit any information security function, mechanism, service, or solution from the items or services of the provider; or

(3)

added take any action that—

(A)

added undermines, circumvents, defeats, bypasses, or otherwise counteracts the end-to-end encryption of the item or service of the provider;

(B)

added prevents an item or service from adopting end-to-end encryption; or

(C)

added 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)

added 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

added

(a)

added In general— Chapter 97 of title 28, United States Code, is amended by inserting after section 1605B the following:

added “1605C. Computer intrusions by a foreign state

added “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:

added “(1) Unauthorized access to or access exceeding authorization to a computer located in the United States.

added “(2) Unauthorized access to confidential, electronic stored information located in the United States.

added “(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.

added “(4) The use, dissemination, or disclosure, without consent, of any information obtained by means of any activity described in paragraph (1), (2), or (3).

added “(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)

added 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

added

(a)

added 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)

added 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)

added 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)

added 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)

added an applicable standard established by the applicable State that is more stringent than the level described in subparagraph (A); and

(3)

added safely dispose of spent water filtration equipment used to reduce perfluoroalkyl and polyfluoroalkyl substances in drinking water at schools.

(b)

added Public availability— The Secretary of Defense shall—

(1)

added 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)

added notify relevant parent, teacher, and employee organizations of the availability of the results described in paragraph (1).

(c)

added Definitions— In this section:

(1)

added The term “Administrator” means the Administrator of the Environmental Protection Agency.

(2)

added The term “eligible entity” means a school operated by the Department of Defense Education Activity.

Sec. 5811 Report on EMT national licensing standards

added

added 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

added

(a)

added 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)

added 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)

added 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)

added Definitions— In this section:

(1)

added The term cut flower means a flower removed from a living plant for decorative use.

(2)

added The term cut green means a green, foliage, or branch removed from a living plant for decorative use.

(3)

added The term produced in the United States means grown in—

(A)

added any of the several States;

(B)

added the District of Columbia;

(C)

added a territory or possession of the United States; or

(D)

added an area subject to the jurisdiction of a federally recognized Indian Tribe.

(e)

added 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

added

(a)

added Sense of Congress— It is the sense of Congress as follows:

(1)

added 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)

added 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)

added 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)

added Renewal of key provisions of the Compacts, now being negotiated with each nation, is critical for regional security.

(5)

added 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)

added 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)

added 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)

added 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)

added 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)

added the congressional defense committees;

(2)

added the Committee on Foreign Affairs and the Committee on Natural Resources of the House of Representatives; and

(3)

added the Committee on Foreign Relations and the Committee on Energy and Natural Resources of the Senate.

Sec. 5814 Interagency report on extremist activity

added

(a)

added 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)

added Report—

(1)

added 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)

added the number of individuals discharged from the uniformed services due to incidents related to White supremacy and neo-Nazi activity;

(B)

added 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)

added the number of Federal law enforcement officers separated from federal agencies due to incidents related to White supremacy or neo-Nazi activity;

(D)

added 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)

added 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)

added specific plans to address such incidents described in this subsection within uniformed services and Federal law enforcement agencies.

(2)

added 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)

added the Committee on the Judiciary of the Senate;

(B)

added the Committee on Homeland Security and Governmental Affairs of the Senate;

(C)

added the Select Committee on Intelligence of the Senate;

(D)

added the Committee on Armed Services of the Senate;

(E)

added the Committee on the Judiciary of the House of Representatives;

(F)

added the Committee on Homeland Security of the House of Representatives;

(G)

added the Permanent Select Committee on Intelligence of the House of Representatives; and

(H)

added the Committee on Armed Services of the House of Representatives.

(3)

added Classification and public release— The report submitted under paragraph (1) shall be—

(A)

added submitted in unclassified form, to the greatest extent possible, with a classified annex only if necessary; and

(B)

added 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

added

(a)

added 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)

added 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)

added 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)

added Definitions— In this section, the ter “appropriate congressional committees” means—

(1)

added the Committee on Homeland Security and Governmental Affairs of the Senate;

(2)

added the Committee on the Judiciary of the Senate;

(3)

added the Select Committee on Intelligence of the Senate;

(4)

added the Committee on Homeland Security of the House of Representatives;

(5)

added the Committee on the Judiciary of the House of Representatives; and

(6)

added the Permanent Select Committee on Intelligence of the House of Representatives.

Sec. 5816 PFAS data call

added

added 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

added

(a)

added Initiation of debarment proceedings—

(1)

added 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)

added Length of debarment— Notwithstanding any other provision of law, the Secretary of Labor may determine the length of a debarment under paragraph (1).

(b)

added 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)

added identify persons that have been finally adjudicated to have violated labor laws;

(2)

added 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)

added are accessible to contracting officers and suspension and debarment officials at all Federal agencies.

(c)

added Revision of FAR— The Federal Acquisition Regulation shall be revised to require contracting officers—

(1)

added 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)

added to enter relevant information from the database in subsection (b) into past performance evaluations in the Contractor Performance Assessment and Reporting System; and

(3)

added to coordinate with the Labor Advisor of the agency and consult with experts regarding alleged violations of labor law.

(d)

added Definitions— In this section—

(1)

added the term covered person means any individual, enterprise, or firm applying for a contract worth $500,000 or more;

(2)

added the term Federal agency has the meaning given that term in section 102 of title 40, United States Code;

(3)

added the term labor law includes—

(A)

added subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the “Davis Bacon Act”);

(B)

added chapter 67 of subtitle II of title 41, United States Code (commonly referred to as the “Services Contracting Act”); and

(C)

added the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.); and

(4)

added 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

added

added 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)

added 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)

added 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

added

(a)

added Requirement to annually report complaints of sexual harassment—

(1)

added Annual report— Section 808(e)(2) of the Fair Housing Act (42 U.S.C. 3608(e)(2)) is amended—

(A)

added in subparagraph (A) by striking “and” at the end;

(B)

added in subparagraph (B)(iii) by striking the semicolon and inserting “; and”; and

(C)

added by inserting after subparagraph (B) the following new subparagraph:

added “(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)

added 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:

added “(g) In carrying out the reporting obligations under this section, the Secretary shall—

added “(1) consider a complaint filed with respect to discrimination based on sex to include any complaint filed with respect to sexual harassment; and

added “(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)

added 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:

added “902. Initiative to combat sexual harassment in housing

added “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

added

(a)

added Study required—

(1)

added 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)

added 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)

added Limitation on disclosure— Any information provided to the Secretary of Labor in connection with the study required under paragraph (1)—

(A)

added may only be used for the purposes of, and to the extent necessary to ensure the efficient operation of, such study; and

(B)

added may not be disclosed to any other person or entity except as provided under this subsection.

(b)

added Inclusions— The study required under subsection (a)(1) shall include—

(1)

added 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)

added 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)

added the occupational and professional credentials and academic degrees held by applicable immigrants and refugees before immigrating to the United States;

(2)

added 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)

added 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)

added 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.

(c)

added Report— Not later than 18 months after the date of the enactment of this section, the Secretary of Labor shall—

(1)

added submit a report to Congress that describes the results of the study conducted pursuant to subsection (a); and

(2)

added make such report publicly available on the website of the Department of Labor.

(d)

added Definitions— In this section:

(1)

added The term “applicable immigrants and refugees”—

(A)

added means individuals who—

(i)

added

(I)

added are not citizens or nationals of the United States; and

(II)

added are lawfully present in the United States and authorized to be employed in the United States; or

(ii)

added are naturalized citizens of the United States who were born outside of the United States and its outlying possessions; and

(B)

added 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)

added 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

added

(a)

added Findings— Congress finds the following:

(1)

added Since 2018, the ruling PHTK has presided over increasing instability, displacement, and poverty in Haiti stemming from, among other reasons—

(A)

added systematic dismantlement of the judicial system;

(B)

added a non-functioning parliamentary system;

(C)

added mass gang violence against civilians and between gangs resulting in large-scale massacres;

(D)

added gang rule of large parts of Haiti; daily kidnappings for ransom;

(E)

added widespread sexual violence against women, girls and marginalized people;

(F)

added grand corruption;

(G)

added state violence against protesters;

(H)

added unsafe conditions for workers;

(I)

added diminished access to water, food, healthcare and education; and

(J)

added unnatural devastation from natural disasters.

(2)

added Government-supported violence in Haiti has forced large numbers of Haitians to flee the country, including to the United States.

(3)

added Independent human rights organizations and the media have documented PHTK collusion with gang activity through—

(A)

added the participation of PHTK officials in gang attacks;

(B)

added the use of police vehicles in gang activities; and

(C)

added 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)

added 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)

added 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.

(c)

added Statement of policy— It is the policy of the United States—

(1)

added to support a Haitian-led solution to the current crisis;

(2)

added that the people of Haiti must be empowered to choose their leaders and govern Haiti free from foreign interference; and

(3)

added 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

added

(a)

added Definitions— In this section, the term major disaster means—

(1)

added 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)

added any natural disaster or extreme weather or public health emergency event that—

(A)

added would activate the use of any Bureau of Prisons 18 contingency plans; and

(B)

added the Bureau of Prisons determines is a major disaster.

(b)

added Bureau of prisons annual summary report of disaster damage—

(1)

added 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)

added data on injury and loss of life of inmates and staff;

(B)

added access to health and medical care, food, special dietary needs, drinkable water, personal protective equipment, and personal hygiene products;

(C)

added guidance used to adjudicate early release or home confinement requests, data on early release or home confinement approvals, denials, and justification for denials;

(D)

added an explanation as to whether using home confinement or early release was considered;

(E)

added 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)

added access to appropriate accommodations for inmates with disabilities;

(G)

added access to educational and work programs;

(H)

added inmate grievances;

(I)

added assessment of the cost of the damage to the facility and estimates for repairs;

(J)

added the impact on staffing, equipment, and financial resources; and

(K)

added 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)

added 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)

added 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)

added 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.

(c)

added National Institute of Corrections— Section 4351 of title 18, United States Code, is amended—

(1)

added in subsection (c)—

(A)

added in the matter preceding paragraph (1), by striking “ten” and inserting “13”; and

(B)

added by adding at the end the following:

added “(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.

added “(4) One shall have a background as an emergency response coordinator that has created an emergency management accreditation program.

added “(5) One shall have an educational and professional background in public health working with communicable diseases.”

(2)

added by adding at the end the following:

added “(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—

added “(1) inmate access to medical care, food, drinkable water, personal protective equipment, and personal hygiene products;

added “(2) consideration by staff of using home confinement or early release;

added “(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;

added “(4) inmate access to appropriate accommodations for inmates with disabilities;

added “(5) use of Federal funding to restore disaster-damaged correctional facilities; and

added “(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

added

(a)

added 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)

added 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.

(c)

added Definitions— In this section:

(1)

added The term “information” includes details such as informational materials, internet websites, and relevant contact information for State-approved marijuana programs.

(2)

added The term “marijuana” has the meaning given the term “marihuana” in section 102 of the Controlled Substances Act (21 U.S.C. 802).

(3)

added 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)

added 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

added

(a)

added 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)

added Matters to be included— The report required by subsection (a) shall include the following:

(1)

added A description of such entities.

(2)

added 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)

added 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)

added Form— The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.

(d)

added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—

(1)

added the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and

(2)

added 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

added

(a)

added 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)

added 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)

added Maritime vessels.

(2)

added Corporate facilitators of arms embargo violations.

(3)

added Aircraft operators.

(4)

added Mercenary recruiters and facilitators.

(c)

added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—

(1)

added the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and

(2)

added 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

added

added Subsection (i) of section 36 of the Arms Export Control Act (22 U.S.C. 2776) is amended to read as follows:

added “(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

added

(a)

added 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)

added 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)

added submit to the appropriate congressional committees a report on the results of such study.

(b)

added Matters to be included— The study and report required by subsection (a) shall include the following:

(1)

added 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)

added 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)

added 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)

added 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)

added does not affect any existing contracts between the United States Government and the United States person.

(c)

added 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)

added is organized under the laws of or having its principal place of business in a foreign country;

(2)

added develops, sells, or otherwise controls proprietary technology, including non-sensitive technologies, related to targeted digital surveillance capabilities; and

(3)

added 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)

added Definitions— In this section:

(1)

added 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)

added 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)

added 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)

added United States person— The term “United States person” means—

(A)

added a United States citizen or an alien lawfully admitted for permanent residence to the United States; or

(B)

added 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

added

(a)

added 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)

added 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)

added are human rights defenders;

(2)

added are detained, imprisoned, or otherwise physically restricted because of their political, religious, other conscientiously-held beliefs, or their identity;

(3)

added are prisoners who are arbitrarily detained;

(4)

added are victims of enforced disappearance or are reasonably suspected of being detained or imprisoned in a secret location; or

(5)

added have been subject to torture or other gross violations of human rights while detained or imprisoned.

(c)

added 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

added

(a)

added 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)

added 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).

(c)

added Definitions— In this section:

(1)

added 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)

added The term “appropriate congressional committees” means—

(A)

added the Committees on the Judiciary of the House of Representatives and of the Senate;

(B)

added the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate;

(C)

added the Committee on Financial Services of the House of Representatives and the Committee on Finance of the Senate; and

(D)

added the Committees on Appropriations of the House of Representatives and of the Senate.

(d)

added 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

added

(a)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added have signed a collective defense arrangement with the United States.

(2)

added A list of which countries wealthy Russian oligarchs, sanctioned or otherwise, have emigrated to following the outbreak of the war in Ukraine.

(3)

added An assessment on how implementation and enforcement of the sanctions imposed with respect to Alrosa can be strengthened, including through mechanisms for traceability.

(c)

added 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

added

(a)

added Sense of Congress— It is the sense of Congress that—

(1)

added 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)

added 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)

added 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)

added 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)

added Required activities— Amounts authorized to be appropriated pursuant to subsection (c) shall—

(1)

added be designed to advance the national security and foreign policy interests of the United States, as determined by the Secretary of State;

(2)

added 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)

added favor funding mechanisms that provide opportunities for such language study to areas traditionally under-served by such opportunities;

(4)

added be shaped by an ongoing consultative process taking into account design inputs of—

(A)

added civil society institutions, including Chinese diaspora community organizations;

(B)

added language experts in Mandarin and Cantonese Chinese, Tibetan, Uyghur, Mongolian, and other contemporary spoken languages of China;

(C)

added organizations representing historically disadvantaged socioeconomic groups in the United States; and

(D)

added human rights organizations; and

(5)

added 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)

added Report—

(1)

added 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)

added Report contents— Each report required under paragraph (1) shall include details on—

(A)

added which institutions, programs, or entities received funds through the Liu Xiaobo Fund for Study of the Chinese Language;

(B)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added Definitions— In this section:

(1)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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

added

(a)

added Plan to eliminate records backlog at the National Personnel Records Center—

(1)

added 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)

added An estimate of the number of backlogged record requests for veterans.

(B)

added Target timeframes to reduce the backlog.

(C)

added 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)

added Actions to improve customer service for requesters.

(E)

added Measurable goals with respect to the comprehensive plan and metrics for tracking progress toward such goals.

(F)

added 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)

added 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)

added 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)

added provides data on progress made toward the goals identified in the comprehensive plan; and

(C)

added describes any changes made to the comprehensive plan.

(3)

added Consultation requirement— In carrying out paragraphs (1) and (2), the Archivist of the United States shall consult with the Secretary of Veterans Affairs.

(4)

added Appropriate congressional committees defined— In this section, the term appropriate congressional committees means—

(A)

added the Committee on Oversight and Reform and the Committee on Veterans’ Affairs of the House of Representatives; and

(B)

added the Committee on Homeland Security and Governmental Affairs and the Committee on Veterans’ Affairs of the Senate.

(b)

added Additional funding to address records backlog—

(1)

added 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)

added 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)

added 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)

added efforts taken by the National Archives and Records Administration to address the backlog of records requests at the National Personnel Records Center; and

(B)

added 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

added

added Public Law 109–441 (120 Stat. 3290) is amended—

(1)

added in section 2, by adding at the end the following:

added “(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.

added “(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.”

(2)

added in section 4—

(A)

added by inserting “(a) In general.—” before “There are authorized”;

(B)

added by striking “$38,000,000” and inserting “$80,000,000”; and

(C)

added by adding at the end the following:

added “(b) Japanese American Confinement Education Grants

added “(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.

added “(2) Matching requirement

added “(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.

added “(B) Waiver—The Secretary may waive all or part of the matching requirement under subparagraph (A), if the Secretary determines that—

added “(i) no reasonable means are available through which an applicant can meet the matching requirement; and

added “(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

added

added Section 116 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n) is amended by adding at the end the following:

added “(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

added

added 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

added

(a)

added 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)

added 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)

added justifies any determination of the Secretary to make rewards under such program in a form that includes cryptocurrency;

(2)

added lists each cryptocurrency payment made under such program as of the date of the submission of the report;

(3)

added 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)

added 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

added

(a)

added Consultations—

(1)

added 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)

added 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)

added 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

added

added 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)

added by redesignating paragraphs (6) through (11) as paragraphs (7) through (12), respectively; and

(2)

added by inserting after paragraph (5) the following new paragraph:

added “(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

added

(a)

added Definitions— In this section:

(1)

added The term Blackwater Trading Post Land means the approximately 55.3 acres of land as depicted on the map that—

(A)

added 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)

added is owned by the Community.

(2)

added The term Community means the Gila River Indian Community of the Reservation.

(3)

added 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)

added 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)

added The term Secretary means the Secretary of the Interior.

(b)

added Land taken into trust for benefit of the GILA river Indian community—

(1)

added In general— The Secretary shall take the Blackwater Trading Post land into trust for the benefit of the Community, after the Community—

(A)

added conveys to the Secretary all right, title, and interest of the Community in and to the Blackwater Trading Post Land;

(B)

added submits to the Secretary a request to take the Blackwater Trading Post Land into trust for the benefit of the Community;

(C)

added 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)

added pays all costs of any survey conducted under subparagraph (C).

(2)

added 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)

added 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)

added 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)

added 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)

added 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

added

(a)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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.

(c)

added Definitions— In this section—

(1)

added the term domestic animal means a dog or a cat; and

(2)

added the term officers and employees of the United States Government includes volunteers in the Peace Corps.

Sec. 5841 Crisis counseling assistance and training

added

(a)

added 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)

added 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

added

added 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:

added “(3) Conservation land—The term conservation land means—

added “(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;

added “(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

added “(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

added

(a)

added 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)

added In paragraph (12) of section 116(d)—

(A)

added in subparagraph (B)—

(i)

added by inserting “or online harassment” after “direct physical attacks”; and

(ii)

added by inserting “or surveillance” after “sources of pressure”;

(B)

added 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)

added by redesignating subparagraphs (B) and (C) (as amended by subparagraph (A) of this section) as subparagraphs (C) and (D), respectively; and

(D)

added by inserting after subparagraph (A) the following new subparagraph:

added “(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)

added By redesignating the second subsection (i) of section 502B as subsection (j).

(3)

added In the first subsection (i) of section 502B—

(A)

added in paragraph (2)—

(i)

added by inserting “or online harassment” after “direct physical attacks”; and

(ii)

added by inserting “or surveillance” after “sources of pressure”;

(B)

added by redesignating paragraph (2) (as amended by subparagraph (A) of this section) and paragraph (3) as paragraphs (3) and (4), respectively; and

(C)

added by inserting after paragraph (1) the following new paragraph:

added “(2) an identification of countries in which there were gross violations of internationally recognized human rights committed against journalists;”

(b)

added Imposition of sanctions on persons responsible for the commission of gross violations of internationally recognized human rights against journalists—

(1)

added Listing of persons who have committed gross violations of internationally recognized human rights—

(A)

added 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)

added 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)

added 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)

added 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)

added that appropriate foreign government authorities have credibly—

(I)

added investigated the foreign person and, as appropriate, held such person accountable for perpetrating, ordering, or directing the acts described in subparagraph (A);

(II)

added publicly condemned violations of the freedom of the press and the acts described in subparagraph (A);

(III)

added complied with any requests for information from international or regional human rights organizations with respect to the acts described in subparagraph (A); and

(IV)

added complied with any United States Government requests for information with respect to the acts described in subparagraph (A).

(2)

added Sanctions described— The sanctions described in this paragraph are the following:

(A)

added 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)

added Ineligibility for visas, admission, or parole—

(i)

added Visas, admission, or parole— An alien described in paragraph (1)(A) is—

(I)

added inadmissible to the United States;

(II)

added ineligible to receive a visa or other documentation to enter the United States; and

(III)

added 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)

added Current visas revoked—

(I)

added 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)

added 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.

(C)

added Exceptions—

(i)

added 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)

added 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)

added Implementation; penalties—

(A)

added 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)

added 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)

added Exception relating to the importation of goods—

(A)

added 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)

added 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)

added Definitions— In this subsection:

(A)

added 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)

added The term “foreign person” means an individual who is not—

(i)

added a United States citizen or national; or

(ii)

added an alien lawfully admitted for permanent residence to the United States.

(C)

added The term “United States person” means—

(i)

added 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)

added 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)

added any person in the United States.

(c)

added Prohibition on foreign assistance—

(1)

added 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)

added 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)

added Exception— The prohibition under paragraph (1) shall not apply with respect to the following:

(A)

added Humanitarian assistance or disaster relief assistance authorized under the Foreign Assistance Act of 1961.

(B)

added 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)

added Waiver—

(A)

added In general— The Secretary of State, may waive the prohibition under paragraph (1) with respect to a governmental entity of a country if—

(i)

added 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)

added the Secretary of State has received credible information that the government of that country has—

(I)

added 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)

added condemned violations of the freedom of the press and the acts described in paragraph (1);

(III)

added 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)

added complied with United States Government requests for information with respect to the acts described in paragraph (1).

(B)

added Certification— A waiver described in subparagraph (A) may only take effect if—

(i)

added 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)

added 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

added

(a)

added 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)

added 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)

added 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)

added 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)

added summarizes the results of the study required under subsection (a); and

(2)

added 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

added

(a)

added Statement of Policy— It is the policy of the United States that—

(1)

added 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)

added investigating alleged violations of human rights that are occurring or have occurred both within prisons and elsewhere;

(B)

added transmitting urgent appeals and letters to the Islamic Republic of Iran regarding alleged violations of human rights; and

(C)

added engaging with relevant stakeholders in the Islamic Republic of Iran and the surrounding region;

(2)

added 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)

added torture;

(B)

added denial of access to health care; and

(C)

added denial of a fair trial;

(3)

added all prisoners of conscience and political prisoners in the Islamic Republic of Iran should be unconditionally and immediately released;

(4)

added 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)

added 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)

added 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)

added work to secure the release of such prisoners;

(2)

added document violations of human rights with respect to such prisoners;

(3)

added support international advocacy to raise awareness of issues relating to such prisoners;

(4)

added support the health, including mental health, of such prisoners; and

(5)

added provide post-incarceration assistance to enable such prisoners to resume normal lives, including access to education, employment, or other forms of reparation.

(c)

added Definitions— In this section:

(1)

added The term political prisoner means a person who has been detained or imprisoned on politically motivated grounds and may include persons that—

(A)

added have used violence;

(B)

added have advocated violence or hatred; or

(C)

added have committed a minor offense that serves as a pretext for politically motivated imprisonment.

(2)

added The term “prisoner of conscience” means a person who—

(A)

added is imprisoned or otherwise physically restricted solely in response to the peaceful exercise of the human rights of such person; and

(B)

added has not used violence or advocated violence or hatred.

Sec. 5846 Policy regarding development of nuclear weapons by Iran

added

(a)

added Findings— Congress finds the following:

(1)

added Congress and several successive Presidential administrations have long sought to prevent Iran from ever acquiring a nuclear weapon.

(2)

added 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)

added 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)

added The IAEA reported it began investigating this matter pursuant to Iran’s IAEA safeguards obligations in 2019.

(5)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added Sense of Congress— It is the sense of Congress that it—

(1)

added reiterates its commitment to ensuring Iran will never acquire a nuclear weapon;

(2)

added supports the important work of the IAEA in safeguarding nuclear material around the globe;

(3)

added 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)

added 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

added

(a)

added 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:

added “1. Transfer of NOAA property in Norfolk, Virginia

added “(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—

added “(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

added “(2) 5 years after the date of the enactment of this Act.

added “(b) Property described—The property described in this subsection is—

added “(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

added “(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.

added “(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.

added “(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)

added 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

added

(a)

added Elimination of increased penalties for cocaine offenses where the cocaine involved is cocaine base—

(1)

added Controlled substances act— The following provisions of the Controlled Substances Act (21 U.S.C. 801 et seq.) are repealed:

(A)

added Clause (iii) of section 401(b)(1)(A) (21 U.S.C. 841(b)(1)(A)).

(B)

added Clause (iii) of section 401(b)(1)(B) (21 U.S.C. 841(b)(1)(B)).

(2)

added 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)

added Subparagraph (C) of section 1010(b)(1) (21 U.S.C. 960(b)(1)).

(B)

added Subparagraph (C) of section 1010(b)(2) (21 U.S.C. 960(b)(2)).

(3)

added Applicability to pending and past cases—

(A)

added 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)

added Past cases—

(i)

added 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)

added 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)

added Section 401 of the Controlled Substances Act (21 U.S.C. 841).

(II)

added Section 1010 of the Controlled Substances Import and Export Act (21 U.S.C. 960).

(III)

added Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)).

(IV)

added 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)

added 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)

added 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)

added 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)

added 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

added

(a)

added Identification— Not later than 90 days after the date of the enactment of this Act, and periodically as necessary thereafter, the President—

(1)

added shall submit to Congress a report identifying foreign persons that knowingly participated in a significant transaction—

(A)

added 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)

added that otherwise involved gold in which the Government of the Russian Federation had any interest; and

(2)

added shall impose the sanctions described in subsection (b)(1) with respect to each such person; and

(3)

added may impose the sanctions described in subsection (b)(2) with respect to any such person that is an alien.

(b)

added Sanctions described— The sanctions described in this subsection are the following:

(1)

added 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)

added Ineligibility for visas, admission, or parole—

(A)

added Visas, admission, or parole— An alien described in subsection (a)(1) may be—

(i)

added inadmissible to the United States;

(ii)

added ineligible to receive a visa or other documentation to enter the United States; and

(iii)

added 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)

added Current visas revoked—

(i)

added 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)

added Immediate effect— A revocation under clause (i) shall—

(I)

added take effect pursuant to section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)); and

(II)

added cancel any other valid visa or entry documentation that is in the alien’s possession.

(c)

added Implementation; penalties—

(1)

added 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)

added 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)

added National interest waiver— The President may waive the imposition of sanctions under this section with respect to a person if the President—

(1)

added determines that such a waiver is in the national interests of the United States; and

(2)

added submits to Congress a notification of the waiver and the reasons for the waiver.

(e)

added Termination—

(1)

added 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)

added the date that is 3 years after the date of the enactment of this Act; or

(B)

added the date that is 30 days after the date on which the President certifies to Congress that—

(i)

added the Government of the Russian Federation has ceased its destabilizing activities with respect to the sovereignty and territorial integrity of Ukraine; and

(ii)

added such termination in the national interests of the United States.

(2)

added Transition rules—

(A)

added 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)

added 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)

added the violation occurred before the termination date; or

(ii)

added the person involved in the violation continues to be subject to sanctions pursuant to subparagraph (A).

(f)

added Exceptions—

(1)

added 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)

added 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)

added 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)

added Exception relating to importation of goods—

(A)

added 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)

added 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)

added Definitions— In this section:

(1)

added 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)

added The term “foreign person” means an individual or entity that is not a United States person.

(3)

added 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)

added The term “United States person” means—

(A)

added a United States citizen or an alien lawfully admitted for permanent residence to the United States;

(B)

added an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or

(C)

added any person in the United States.

Sec. 5850 Support for Afghan Special Immigrant Visa and Refugee Applicants

added

(a)

added 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)

added 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)

added 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

added

added Section 2313 of title 41, United States Code, is amended—

(1)

added in subsection (d)(3), by striking “, to the extent practicable,”;

(2)

added in subsection (f)(1), by striking “subsection (c)” and inserting “subsections (c) and (d)”;

(3)

added by redesignating subsection (g) as subsection (i); and

(4)

added by inserting after subsection (f) the following new subsections:

added “(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:

added “(1) Entry of the violation in the database described by this section.

added “(2) Liability pursuant to section 3729 of title 31.

added “(3) Suspension or debarment.

added “(h) Annual Report on Awardee Beneficial Ownership Reporting and Compliance

added “(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.

added “(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

added

(a)

added 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)

added Contents of the study— The study under subsection (a) shall assess—

(1)

added advantages and disadvantages of the use of distributors or other intermediaries by Federal Government contractors to supply goods to executive agencies; and

(2)

added 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)

added 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)

added Committee on Armed Services and the Committee on Homeland Security and Government Affairs of the Senate; and

(2)

added Committee on Armed Services and the Committee on Oversight and Reform of the House of Representatives.

Sec. 5853 Supplement to Federal Employee Viewpoint Survey

added

(a)

added 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)

added Development of supplement— In developing the supplement, the Director shall—

(1)

added use best practices from peer-reviewed research measuring harassment and discrimination; and

(2)

added 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.

(c)

added Survey questions— Survey questions included in the supplement developed pursuant to this section shall—

(1)

added be designed to gather information on employee experiences with harassment and discrimination, including the experiences of victims of such incidents;

(2)

added use trauma-informed language to prevent retraumatization; and

(3)

added include—

(A)

added questions that give employees the option to report their demographic information;

(B)

added questions designed to determine the incidence and prevalence of harassment and discrimination;

(C)

added questions regarding whether employees know about agency policies and procedures related to harassment and discrimination;

(D)

added 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)

added questions to determine why the employee chose to report or not report an incident;

(F)

added questions to determine satisfaction with the complaints process;

(G)

added questions to determine the impact of harassment and discrimination on performance and productivity;

(H)

added questions to determine the impact of harassment and discrimination on mental and physical health;

(I)

added questions to determine the impact and effectiveness of prevention and awareness programs and complaints processes;

(J)

added questions to determine attitudes toward harassment and discrimination, including the willingness of individuals to intervene as a bystander;

(K)

added questions to determine whether employees believe those who engage in harassment or discrimination will face disciplinary action;

(L)

added questions to determine whether employees perceive prevention and accountability for harassment and discrimination to be a priority for supervisors and agency leadership; and

(M)

added other questions, as determined by the Director.

(d)

added Responses— The responses to the survey questions described in subsection (c) shall—

(1)

added be submitted confidentially;

(2)

added in the case of such responses being included in a report, shall not include personally identifiable information; and

(3)

added be disaggregated by agency and, to the extent practicable, operating division, department, or bureau.

(e)

added 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

added

(a)

added In general— Chapter 88 of title 18, United States Code, is amended by adding at the end the following:

added “1802. Certain activities relating to intimate visual depictions

added “(a) Definitions—In this section:

added “(1) Communications service—The term “communications service” means—

added “(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;

added “(B) an electronic communication service, as that term is defined in section 2510;

added “(C) an information service, as that term is defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153); and

added “(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)).

added “(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)).

added “(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—

added “(A) who is depicted engaging in sexually explicit conduct; or

added “(B) whose genitals, anus, pubic area, or female nipple are unclothed and visible.

added “(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.

added “(4) Sexually explicit conduct—The term “sexually explicit conduct” has the meaning given that term in section 2256(2)(A).

added “(b) Offense

added “(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—

added “(A) with knowledge of or reckless disregard for the lack of consent of the individual to the distribution; and

added “(B) where what is depicted was not voluntarily exposed by the individual in a public or commercial setting; and

added “(C) where what is depicted is not a matter of public concern.

added “(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.

added “(c) Penalty

added “(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.

added “(2) Forfeiture

added “(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—

added “(i) any material distributed in violation of this chapter;

added “(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

added “(iii) any property, real or personal, used or intended to be used to commit or to facilitate the commission of such offense.

added “(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).

added “(3) Restitution—Restitution shall be available as provided in chapter 110A of title 18, United States Code, section 2264.

added “(d) Exceptions

added “(1) Law enforcement, lawful reporting, and other legal proceedings—This section—

added “(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;

added “(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

added “(C) shall not apply in the case of a document production or filing associated with a legal proceeding.

added “(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.

added “(e) Threats—Any person who threatens to commit an offense under subsection (b) shall be punished as provided in subsection (c).

added “(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.

added “(g) Civil forfeiture

added “(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:

added “(A) Any material distributed in violation of this chapter.

added “(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.

added “(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)

added 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:

Sec. 5855 Waiver of special use permit application fee for veterans’ special events

added

(a)

added 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)

added Definitions— In this section:

(1)

added 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)

added The term Gold Star Families includes any individual described in section 3.2 of Department of Defense Instruction 1348.36.

(3)

added The term special events has the meaning given that term in section 7.96 of title 36, Code of Federal Regulations.

(4)

added The term veteran has the meaning given that term in section 101(2) of title 38, United States Code.

(5)

added The term veterans’ special event means a special event of which the majority of attendees are veterans or Gold Star Families.

(6)

added 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)

added Applicability— This section shall apply to any special use permit application submitted after the date of the enactment of this Act.

(d)

added 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

added

(a)

added 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:

added “124. San Francisco Bay restoration grant program

added “(a) Definitions—In this section:

added “(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.

added “(2) San Francisco Bay Plan—The term “San Francisco Bay Plan” means—

added “(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

added “(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).

added “(b) Program office

added “(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.

added “(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.

added “(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.

added “(c) Annual priority list

added “(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).

added “(2) Inclusions—The annual priority list compiled under paragraph (1) shall include the following:

added “(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—

added “(i) water quality improvement, including the reduction of marine litter;

added “(ii) wetland, riverine, and estuary restoration and protection;

added “(iii) nearshore and endangered species recovery; and

added “(iv) adaptation to climate change.

added “(B) Information on the projects, activities, and studies specified under subparagraph (A), including—

added “(i) the identity of each entity receiving assistance pursuant to subsection (e); and

added “(ii) a description of the communities to be served.

added “(C) The criteria and methods established by the Director for identification of projects, activities, and studies to be included on the annual priority list.

added “(3) Consultation—In compiling the annual priority list under paragraph (1), the Director shall consult with, and consider the recommendations of—

added “(A) the Estuary Partnership;

added “(B) the State of California and affected local governments in the San Francisco Bay estuary watershed;

added “(C) the San Francisco Bay Restoration Authority; and

added “(D) any other relevant stakeholder involved with the protection and restoration of the San Francisco Bay estuary that the Director determines to be appropriate.

added “(d) San Francisco Bay Plan

added “(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.

added “(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.

added “(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.

added “(e) Grant program

added “(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).

added “(2) Maximum amount of grants; non-Federal share

added “(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.

added “(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.

added “(f) Funding

added “(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.

added “(2) Prohibition—No amounts made available under this section may be used for the administration of a management conference under section 320.”

(b)

added 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:

added “124. Puget Sound

added “(a) Definitions—In this section:

added “(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.

added “(2) Director—The term Director means the Director of the Program Office.

added “(3) Federal Action Plan—The term Federal Action Plan means the plan developed under subsection (c)(3)(B).

added “(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).

added “(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”).

added “(6) Program Office—The term Program Office means the Puget Sound Recovery National Program Office established by subsection (b).

added “(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.

added “(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).

added “(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.

added “(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.

added “(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.

added “(12) Puget Sound region

added “(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.

added “(B) Inclusion—The term Puget Sound region includes all watersheds that drain into the Puget Sound.

added “(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.

added “(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.

added “(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.

added “(16) State Advisory Committee—The term State Advisory Committee means the advisory committee established by subsection (d).

added “(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.

added “(b) Puget Sound Recovery National Program Office

added “(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.

added “(2) Director

added “(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—

added “(i) direct the integration of multiple project planning efforts and programs from different agencies and jurisdictions; and

added “(ii) align numerous, and possibly competing, priorities to accomplish visible and measurable outcomes under the Action Agenda.

added “(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.

added “(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.

added “(4) Duties—The Director shall—

added “(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;

added “(B) coordinate activities related to the restoration and protection of the Puget Sound across the Environmental Protection Agency;

added “(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;

added “(D) promote the efficient use of Environmental Protection Agency resources in pursuit of the restoration and protection of the Puget Sound;

added “(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;

added “(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;

added “(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;

added “(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;

added “(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

added “(J) carry out such additional duties as the Director determines necessary and appropriate.

added “(c) Puget Sound Federal Leadership Task Force

added “(1) Establishment—There is established a Puget Sound Federal Leadership Task Force.

added “(2) Membership

added “(A) Composition—The Puget Sound Federal Leadership Task Force shall be composed of the following members:

added “(i) The following individuals appointed by the Secretary of Agriculture:

added “(I) A representative of the National Forest Service.

added “(II) A representative of the Natural Resources Conservation Service.

added “(ii) A representative of the National Oceanic and Atmospheric Administration appointed by the Secretary of Commerce.

added “(iii) The following individuals appointed by the Secretary of Defense:

added “(I) A representative of the Corps of Engineers.

added “(II) A representative of the Joint Base Lewis-McChord.

added “(III) A representative of the Commander, Navy Region Northwest.

added “(iv) The Director of the Program Office.

added “(v) The following individuals appointed by the Secretary of Homeland Security:

added “(I) A representative of the Coast Guard.

added “(II) A representative of the Federal Emergency Management Agency.

added “(vi) The following individuals appointed by the Secretary of the Interior:

added “(I) A representative of the Bureau of Indian Affairs.

added “(II) A representative of the United States Fish and Wildlife Service.

added “(III) A representative of the United States Geological Survey.

added “(IV) A representative of the National Park Service.

added “(vii) The following individuals appointed by the Secretary of Transportation:

added “(I) A representative of the Federal Highway Administration.

added “(II) A representative of the Federal Transit Administration.

added “(viii) Representatives of such other Federal agencies, programs, and initiatives as the other members of the Puget Sound Federal Leadership Task Force determines necessary.

added “(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.

added “(C) Co-Chairs

added “(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:

added “(I) The representative of the National Oceanic and Atmospheric Administration.

added “(II) The Director of the Program Office.

added “(III) The representative of the Corps of Engineers.

added “(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.

added “(3) Duties

added “(A) General duties—The Puget Sound Federal Leadership Task Force shall—

added “(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;

added “(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—

added “(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;

added “(II) facilitating the coordination of Federal activities that impact such restoration and protection;

added “(III) facilitating the delivery of feedback given by such agencies to the Puget Sound Partnership during the development of the Action Agenda;

added “(IV) facilitating the resolution of interagency conflicts associated with such restoration and protection among such agencies;

added “(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

added “(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;

added “(iii) catalyze public leaders at all levels to work together toward shared goals by demonstrating interagency best practices coming from such agencies;

added “(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;

added “(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;

added “(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;

added “(vii) ensure that Puget Sound restoration and protection activities are consistent with national security interests;

added “(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

added “(ix) raise national awareness of the significance of the Puget Sound.

added “(B) Puget Sound Federal Action Plan

added “(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.

added “(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.

added “(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—

added “(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;

added “(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;

added “(iii) prevent the introduction and spread of invasive species;

added “(iv) protect marine and wildlife habitats;

added “(v) protect, restore, and conserve forests, wetlands, riparian zones, and nearshore waters;

added “(vi) promote resilience to climate change and ocean acidification effects;

added “(vii) restore fisheries so that they are sustainable and productive;

added “(viii) preserve biodiversity;

added “(ix) restore and protect ecosystem services that provide clean water, filter toxic chemicals, and increase ecosystem resilience; and

added “(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.

added “(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.

added “(5) Meetings

added “(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—

added “(i) to determine if all Federal agencies are properly represented;

added “(ii) to establish the bylaws of the Puget Sound Federal Leadership Task Force;

added “(iii) to establish necessary working groups or committees; and

added “(iv) to determine subsequent meeting times, dates, and logistics.

added “(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.

added “(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).

added “(D) Joint meetings—The Puget Sound Federal Leadership Task Force—

added “(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

added “(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).

added “(E) Quorum—A simple majority of the members of the Puget Sound Federal Leadership Task Force shall constitute a quorum.

added “(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.

added “(6) Puget Sound Federal Leadership Task Force procedures and advice

added “(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.

added “(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.

added “(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.

added “(7) Puget Sound Federal Task Force

added “(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.

added “(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.

added “(d) State Advisory Committee

added “(1) Establishment—There is established a State Advisory Committee.

added “(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.

added “(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.).

added “(f) Puget Sound Federal Leadership Task Force biennial report on Puget Sound restoration and protection activities

added “(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.

added “(2) Contents—The report submitted under paragraph (1) shall include a description of the following:

added “(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.

added “(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.

added “(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.

added “(D) A summary of progress made by Federal agencies toward the priorities identified in the Federal Action Plan.

added “(g) Tribal rights and consultation

added “(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.

added “(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.

added “(h) Consistency

added “(1) In general—Actions authorized or implemented under this section shall be consistent with—

added “(A) the Salmon Recovery Plans;

added “(B) the Coastal Nonpoint Pollution Control Program; and

added “(C) the water quality standards of the State of Washington approved by the Administrator under section 303.

added “(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—

added “(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;

added “(B) interpreting and enforcing regulations that impact the restoration and protection of the Puget Sound;

added “(C) issuing Federal licenses or permits that impact the restoration and protection of the Puget Sound; and

added “(D) granting Federal assistance to State, local, and Tribal governments for activities related to the restoration and protection of the Puget Sound.”

(c)

added Lake Pontchartrain Basin Restoration Program—

(1)

added Review of comprehensive management plan— Section 121 of the Federal Water Pollution Control Act (33 U.S.C. 1273) is amended—

(A)

added in subsection (c)—

(i)

added in paragraph (5), by striking “; and” and inserting a semicolon;

(ii)

added in paragraph (6), by striking the period and inserting “; and”; and

(iii)

added by adding at the end the following:

added “(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)

added 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)

added 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)

added 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:

added “(3) Administrative expenses—Not more than 5 percent of the amounts appropriated to carry out this section may be used for administrative expenses.”

(4)

added 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

added

(a)

added 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)

added the name of the person applying for the license or other authorization;

(2)

added the name of the person who is the proposed recipient of the export;

(3)

added the name of the country or international organization to which the export will be made;

(4)

added a description of the items proposed to be exported; and

(5)

added the value of the items proposed to be exported.

(b)

added 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.

(c)

added Deadlines; waiver— A certification required under subsection (a) shall be submitted—

(1)

added 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)

added 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)

added 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)

added Definitions— In this section:

(1)

added Covered items— The term “covered items” means items that—

(A)

added were included in category I of the United States Munitions List (as in effect on January 1, 2020);

(B)

added 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

(C)

added are valued at $1,000,000 or more.

(2)

added 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)

added 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

added

added 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

added

added 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:

added “38. Investigation authorities

added “(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).

added “(b) Investigation required—A fire investigation conducted under this section—

added “(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

added “(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.

added “(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—

added “(1) any other buildings with similar characteristics that may bear similar fire risks;

added “(2) improving tactical response to similar fires;

added “(3) improving civilian safety practices;

added “(4) assessing the costs and benefits to the community of adding fire safety features; and

added “(5) how to mitigate the causes of such fire.

added “(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.

added “(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

added

(a)

added 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)

added Consultation— As part of the negotiations to obtain an agreement described in subsection (a), the Secretary of State should consult with—

(1)

added representatives from providers of prominent online platforms;

(2)

added researchers from the fields of information science, media studies, international data governance, and other similar fields;

(3)

added privacy and human and civil rights advocates;

(4)

added 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)

added representatives from international standards-setting organizations; and

(6)

added experts in mechanisms for enabling access to online platform data which is compliant with data protection frameworks.

(c)

added Purposes, functions, and related administrative provisions of research center— An agreement obtained under subsection (a) should include provisions relating to the following:

(1)

added 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)

added 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)

added 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)

added 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)

added 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)

added facilitate secure information sharing between online platforms and researchers affiliated with the research center;

(F)

added disseminate findings to the public; and

(G)

added offer recommendations to online platforms and governments regarding ways to ensure a safe and resilient online information environment.

(2)

added The governance structure and process for adding and removing member countries of the research center.

(3)

added 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)

added A proposed budget and contributions to be provided by member countries of the research center.

(d)

added Proposal for secure information sharing with research center—

(1)

added In general— An agreement obtained under subsection (a) should include provisions relating to the following:

(A)

added Best practices regarding what types of information from an online platform should be made available, and under what circumstances, to the research center.

(B)

added A code of conduct for researchers working with information made available as described in subparagraph (A).

(2)

added Matters to be included—

(A)

added 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)

added User privacy— The provisions described in paragraph (1) should—

(i)

added 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)

added ensure that information is made available to the research center consistent with any applicable privacy and data security laws of member countries.

(C)

added 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)

added To use information made available to the research center only for research purposes specified in the agreement establishing the research center.

(ii)

added Not to re-identify, or to attempt to re-identify, an individual to whom information made available to the research center relates.

(iii)

added Not to publish personal information derived from information made available to the research center.

(iv)

added 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)

added 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)

added 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

added

(a)

added 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)

added 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)

added 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)

added Carrying out the program to provide assistance to build the capacity of foreign law enforcement agencies with respect to covered synthetic drugs.

(4)

added 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)

added Report—

(1)

added 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)

added Appropriate congressional committees defined— In this subsection, the term appropriate congressional committees means—

(A)

added the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and

(B)

added the Committee on Foreign Relations and the Committee on Appropriations of the Senate.

(c)

added Program to provide assistance to build the capacity of foreign law enforcement agencies with respect to covered synthetic drugs—

(1)

added 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)

added 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)

added Countries described— The foreign countries described in this paragraph are—

(A)

added countries that are producers of covered synthetic drugs;

(B)

added countries whose pharmaceutical and chemical industries are known to be exploited for development or procurement of precursors of covered synthetic drugs; or

(C)

added major drug-transit countries as defined by the President.

(4)

added 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)

added 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)

added 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)

added Program requirements— The program required by paragraph (1)—

(A)

added shall be limited to individuals who have expertise and experience in matters described in paragraph (1);

(B)

added 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

(C)

added shall include outbound exchanges for governmental or nongovernmental personnel in the United States.

(3)

added 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)

added Amendments to international narcotics control program—

(1)

added International Narcotics Control Strategy Report— Section 489(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h(a)) is amended—

(A)

added 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)

added by adding at the end the following:

added “(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:

added “(A) The scale of legal domestic production and any available information on the number of manufacturers and producers of such opioids in such countries.

added “(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.

added “(C) The types of inputs used and a description of the primary methods of synthesis employed by illegal producers of such opioids.

added “(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.

added “(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:

added “(A) Which governments have articulated policies on scheduling of such substances.

added “(B) Any data on impacts of such policies and other responses to such substances.

added “(C) An assessment of any policies the United States could adopt to improve its response to such substances.”

(2)

added Modifications to definitions— Section 481(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)) is amended—

(A)

added 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)

added by amending paragraph (5) to read as follows:

added “(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)

added Covered synthetic drug— In this section, the term covered synthetic drug means—

(1)

added 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)

added a substance of abuse, or any preparation thereof, that—

(A)

added is not—

(i)

added included in any schedule as a controlled substance under the Controlled Substances Act (21 U.S.C. 801 et seq.); or

(ii)

added 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)

added is new or has reemerged on the illicit market; and

(C)

added poses a threat to the public health and safety.

Sec. 5862 Isolate Russian Government Officials Act of 2022

added

(a)

added 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)

added Group of 20.

(2)

added Bank for International Settlements.

(3)

added Basel Committee for Banking Standards.

(4)

added Financial Stability Board.

(5)

added International Association of Insurance Supervisors.

(6)

added International Organization of Securities Commissions.

(b)

added Implementation— The Secretary of the Treasury, the Board of Governors of the Federal Reserve System, and the Securities and Exchange Commission, as the case may be, shall take all necessary steps to advance the policy set forth in subsection (a).

(c)

added Termination— This section shall have no force or effect on the earlier of—

(1)

added the date that is 5 years after the date of the enactment of this Act; or

(2)

added the date that is 30 days after the date on which the President reports to Congress that the Government of the Russian Federation has ceased its destabilizing activities with respect to the sovereignty and territorial integrity of Ukraine.

(d)

added 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. 5863 Prohibition on certain assistance to the Philippines

added

(a)

added 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)

added 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)

added 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)

added 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)

added fully complied with domestic and United States audits and investigations regarding the improper use of prior security assistance.

(b)

added 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

added

(a)

added 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)

added 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)

added 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)

added 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)

added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—

(1)

added the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and

(2)

added the Committee on Armed Services and the Committee on Foreign Relations of the Senate.

(f)

added 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

added

(a)

added In general— The Secretary of State shall submit to Congress a report—

(1)

added documenting knowledge and intelligence from 1980–2010 regarding—

(A)

added Colombian military involvement in assassinations and disappearances, and collaboration in paramilitary offensives;

(B)

added military conduct in the false positives initiative from 2002–2008; and

(C)

added any gross violations of human rights resulting from the Colombian military’s partnerships with private companies for security; and

(2)

added including an overview of the United States—Colombia military partnership during 1980–2010, specifying periods of deepened collaboration and coordination; and

(3)

added 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)

added 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

added

(a)

added 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)

added Contracting prohibition—

(1)

added 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)

added Exceptions—

(A)

added 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)

added pursued and continues to pursue all reasonable steps in demonstrating a good faith effort to comply with the requirements of this Act; and

(ii)

added provided to the executive agency a reasonable, written plan to achieve compliance with such requirements.

(B)

added 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)

added 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)

added Individual contracts— The prohibition under paragraph (1) shall not apply to any contract that is any of the following:

(i)

added For the benefit, either directly or through the efforts of regional allies, of the country of Ukraine.

(ii)

added For humanitarian purposes to meet basic human needs.

(3)

added National security and public interest waivers—

(A)

added 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)

added 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)

added 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)

added 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)

added 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).

(C)

added A description of the process for determining a good faith exemption described under paragraph (2).

(5)

added Definitions— In this section:

(A)

added 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)

added Business operations—

(i)

added 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)

added Exceptions— The term business operations does not include any of the following:

(I)

added Action taken for the benefit of the country of Ukraine.

(II)

added Action serving humanitarian purposes to meet basic human needs, including through a hospital, school, or non-profit organization.

(III)

added 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)

added 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)

added 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)

added an action to secure or divest from facilities, property, or equipment;

(II)

added 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)

added activities that are incident to liquidating, dissolving, or winding down a subsidiary or legal entity in Russia through which operations had been conducted.

(C)

added 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)

added 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)

added 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

added

(a)

added Establishment—

(1)

added 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)

added 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)

added 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)

added Cyber-related arts and sciences.

(B)

added Cyber-related engineering.

(C)

added Cyber-related law and policy.

(D)

added Applied analysts-related sciences, data management, and digital engineering, including artificial intelligence and machine learning.

(E)

added Such other disciplines relating to cyber, cybersecurity, digital technology, or supporting functions as the Secretary of Defense considers appropriate.

(b)

added Program description and components— The Program shall—

(1)

added 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)

added prioritize the placement of scholarship recipients fulfilling the post-award employment obligation under this section; and

(3)

added coordinate with the Cyber Scholarship Program as authorized in chapter 112 of title 10, United States Code.

(c)

added Scholarship amounts—

(1)

added 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)

added 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)

added Period of support— Each scholarship under the Program shall be for not more than 5 years.

(4)

added Additional stipend— Students demonstrating financial need, as determined by the Secretary, may be provided with an additional stipend under the Program.

(d)

added 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)

added 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)

added Eligibility— To be eligible to receive a scholarship under this section, an individual shall—

(1)

added be a citizen or lawful permanent resident of the United States;

(2)

added demonstrate a commitment to a career in improving the security of information technology;

(3)

added 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)

added 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)

added enter into an agreement accepting and acknowledging the post award employment obligations, pursuant to section (d);

(6)

added accept and acknowledge the conditions of support under section (g); and

(7)

added 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)

added Conditions of support—

(1)

added 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)

added Terms— A scholarship recipient under the Program shall be liable to the United States as provided in subsection (i) if the individual—

(A)

added fails to maintain an acceptable level of academic standing at the applicable institution of higher education, as determined by the Secretary;

(B)

added is dismissed from the applicable institution of higher education for disciplinary reasons;

(C)

added withdraws from the eligible degree program before completing the Program;

(D)

added declares that the individual does not intend to fulfill the post-award employment obligation under this section;

(E)

added fails to maintain or fulfill any of the post-graduation or post-award obligations or requirements of the individual; or

(F)

added fails to fulfill the requirements of paragraph (1).

(h)

added Monitoring compliance— As a condition of participating in the Program, an institution of higher education described in subsection (a)(1) shall—

(1)

added enter into an agreement with the Secretary to monitor the compliance of scholarship recipients with respect to their post-award employment obligations; and

(2)

added 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)

added Amount of repayment—

(1)

added 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)

added 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)

added 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)

added Collection of repayment—

(1)

added 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)

added 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)

added collect the repayment amounts within a period of time as determined by the Secretary.

(2)

added 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)

added 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)

added Public information—

(1)

added 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)

added placement rates;

(B)

added where students are placed, including job titles and descriptions;

(C)

added salary ranges for students not released from obligations under this section;

(D)

added how long after graduation students are placed;

(E)

added how long students stay in the positions they enter upon graduation;

(F)

added how many students are released from obligations; and

(G)

added what, if any, remedial training is required.

(2)

added 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)

added the results of the evaluation under paragraph (1);

(B)

added the disparity in any reporting between scholarship recipients and their respective institutions of higher education; and

(C)

added any recent statistics regarding the size, composition, and educational requirements of the relevant Department of Defense workforce.

(3)

added 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)

added searchable, up-to-date, and accurate information about participating institutions of higher education and job opportunities related to the field of cybersecurity; and

(B)

added a modernized description of cybersecurity careers.

(m)

added Allocation of funding—

(1)

added 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)

added 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)

added 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)

added 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

added

(a)

added 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)

added Matters to be included— The report required by subsection (a) shall include the following:

(1)

added 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)

added the short, medium, and long-term viability of authoritarians as head of states; or

(B)

added heads of states who have—

(i)

added conducted a coup d’etat or other seizure of power in which the military played a decisive role;

(ii)

added undermined the independence of the judiciary;

(iii)

added facilitated the unconstitutional removal of a portion or entirety of a democratically elected government or legislature; or

(iv)

added removed term limits or consolidated executive authority through the unilateral cancellation or revision of a country’s constitution.

(2)

added 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)

added undermine electoral systems or act to discredit or overturn the results of democratic elections in other countries;

(B)

added 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

(C)

added violate international principles of nonrefoulment and the rights of asylum seekers.

(3)

added 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)

added An assessment of whether actors in the list in paragraph (3) have committed gross violations of international recognized human rights.

(5)

added 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)

added 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)

added 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)

added targeted imprisonment of family members on politically motivated charges; or

(C)

added any other form of intimidation or harassment.

(c)

added 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)

added Definitions— In this section—

(1)

added the term “appropriate congressional committees” means—

(A)

added the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives; and

(B)

added the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and

(2)

added 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)

added received United States security assistance, including under authorities of title 10, United States Code, during the previous 10 fiscal years; or

(B)

added 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

added

(a)

added 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)

added 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)

added 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)

added 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)

added Assesses any planned and pledged contributions from other countries to ensure appropriate sustainment of the facilities and burden sharing.

(c)

added Forms— The feasibility study required under subsection (b) shall be submitted in unclassified form, but may contain a classified annex.

(d)

added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—

(1)

added the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives;

(2)

added the Committees on Armed Services of the Senate and of the House of Representatives; and

(3)

added 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

added

added 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

added

(a)

added 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)

added 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

added

(a)

added 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)

added 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)

added 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)

added 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)

added Definitions— In this section—

(1)

added the term “civilian support services positions” means—

(A)

added 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)

added any Federal contractor (or subcontractor at any tier); and

(2)

added 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

added

(a)

added 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)

added Matters to be included— The report required by subsection (a) shall include—

(1)

added an analysis of the teaching methods used at the Foreign Service Institute’s School of Language Studies;

(2)

added a comparative analysis on the benefits of language proficiency compared to practical job oriented language learning;

(3)

added 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)

added 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

added

(a)

added 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)

added Elements— The report under subsection (a) shall address the following:

(1)

added 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)

added 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)

added 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)

added The impact of United States security assistance provided to Azerbaijan on the military balance between Azerbaijan and Armenia during such 5-year period.

(5)

added 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)

added 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)

added Appropriate congressional committees— In this section, the term “appropriate congressional committees” means—

(1)

added the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and

(2)

added 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

added

added The Ukraine Freedom Support Act of 2014 (22 U.S.C. 8921 et seq.) is amended—

(1)

added by redesignating section 11 as section 13; and

(2)

added by inserting after section 10 the following new sections:

added “11. Working Group on Semiconductor Supply Disruptions

added “(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.

added “(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:

added “(1) The Department of State.

added “(2) The Department of Defense.

added “(3) The Department of Commerce.

added “(4) The Department of the Treasury.

added “(5) The Office of the United States Trade Representative.

added “(6) The Department of Interior.

added “(7) The Department of Energy.

added “(8) The Department of Homeland Security.

added “(9) The Department of Labor.

added “(10) Any other Federal department or agency the President determines appropriate.

added “(c) Chair—The Secretary of State shall serve as the chair of the working group established pursuant to subsection (a).

added “12. Reports on semiconductor supply chain disruptions

added “(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—

added “(1) reviews and analyzes—

added “(A) the impact of Russia’s unprovoked attack on Ukraine on the supply of palladium, neon gas, helium, and hexafluorobutadiene (C4F6); and

added “(B) the impact, if any, on supply chains and the global economy;

added “(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);

added “(3) quantifies the actions resulting from these efforts to diversify sources of supply of these items;

added “(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);

added “(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

added “(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.

added “(b) Committees listed—The committees listed in this subsection are—

added “(1) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Energy and Commerce of the House of Representatives; and

added “(2) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Commerce, Science, and Transportation of the Senate.

added “(c) Annual report on potential future shocks to semiconductor supply chains

added “(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—

added “(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;

added “(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—

added “(i) an invasion of Taiwan or geopolitical instability or conflict in East Asia;

added “(ii) a broader war or geopolitical instability in Europe;

added “(iii) strategic competitors dominating parts of the supply chain and leveraging that dominance coercively;

added “(iv) a future international health crisis; and

added “(v) natural disasters or shortages of natural resources and raw materials;

added “(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

added “(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

added

added 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)

added how well end-use monitoring deters misuse or unauthorized use of equipment;

(2)

added how the Departments identify persistent geographic areas of concern for closer monitoring; and

(3)

added 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

added

(a)

added Findings— Congress finds the following:

(1)

added 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)

added 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)

added 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)

added Joseph Maxwell Cleland volunteered for duty in the Vietnam War in 1967, serving with the 1st Cavalry Division.

(5)

added 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)

added Joseph Maxwell Cleland was awarded the Bronze Star for meritorious service and the Silver Star for gallantry in action.

(7)

added 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)

added 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)

added In 1976, Joseph Maxwell Cleland began serving as a staffer on the Committee on Veterans Affairs of the Senate.

(10)

added In 1977, Joseph Maxwell Cleland was appointed by President Jimmy Carter to lead the Veterans Administration.

(11)

added He was the youngest Administrator of the Veterans Administration ever and the first Vietnam veteran to head the agency.

(12)

added 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)

added 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)

added in 1996, Joseph Maxwell Cleland was elected to the United States Senate representing Georgia.

(15)

added 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)

added In 2002, Joseph Maxwell Cleland was appointed to the 9/11 Commission.

(17)

added 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)

added 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)

added 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)

added Joseph Maxwell Cleland received numerous honors and awards over the course of his long and distinguished career.

(21)

added 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)

added On November 9, 2021, at the age of 79, Joseph Maxwell Cleland died, leaving behind a legacy of service, sacrifice, and joy.

(b)

added 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)

added with courage and sacrifice in combat in the Vietnam War;

(2)

added with unwavering dedication to Georgia as a State Senator, Secretary of State, and Senator; and

(3)

added 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

added

added 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

added

added Section 706(h) of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1705(h)) is amended—

(1)

added in paragraph (5), by striking “; and” and inserting a semicolon;

(2)

added in paragraph (6), by striking the period at the end and inserting “; and”; and

(3)

added by adding at the end the following new paragraph:

added “(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

added

(a)

added 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)

added Applicability—

(1)

added 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)

added 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

added

(a)

added Age-out protections for immigrants—

(1)

added 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:

added “(6) A determination of whether an alien is a child shall be made as follows:

added “(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).

added “(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.

added “(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.

added “(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.

added “(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.

added “(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)

added Technical and conforming amendment— Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) is amended by striking subsection (f).

(3)

added Effective date—

(A)

added 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)

added Motion to reopen or reconsider—

(i)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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:

added “(s)

added “(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.

added “(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.

added “(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)

added Priority date retention— Section 203(h) of the Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended to read as follows:

added “(h) Retention of priority dates

added “(1) Priority date—The priority date for an alien shall be the date that is the earliest of—

added “(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

added “(B) the date on which a labor certification is filed with the Secretary of Labor.

added “(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

added

added 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

added

(a)

added Deadlines—

(1)

added 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)

added 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)

added During calendar year 2024— Not later than June 30, 2024, for the following point source categories:

(i)

added Organic chemicals, plastics, and synthetic fibers, as identified in part 414 of title 40, Code of Federal Regulations (or successor regulations).

(ii)

added Electroplating, as identified in part 413 of title 40, Code of Federal Regulations (or successor regulations).

(iii)

added Metal finishing, as identified in part 433 of title 40, Code of Federal Regulations (or successor regulations).

(B)

added During calendar year 2025— Not later than June 30, 2025, for the following point source categories:

(i)

added Textile mills, as identified in part 410 of title 40, Code of Federal Regulations (or successor regulations).

(ii)

added Electrical and electronic components, as identified in part 469 of title 40, Code of Federal Regulations (or successor regulations).

(iii)

added Landfills, as identified in part 445 of title 40, Code of Federal Regulations (or successor regulations).

(C)

added During calendar year 2026— Not later than December 31, 2026, for the following point source categories:

(i)

added Leather tanning and finishing, as identified in part 425 of title 40, Code of Federal Regulations (or successor regulations).

(ii)

added Paint formulating, as identified in part 446 of title 40, Code of Federal Regulations (or successor regulations).

(iii)

added Plastics molding and forming, as identified in part 463 of title 40, Code of Federal Regulations (or successor regulations).

(b)

added Additional monitoring requirements—

(1)

added 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)

added Categories described— The point source categories and entities referred to in paragraphs (1) and (3) are each of the following:

(A)

added Pulp, paper, and paperboard, as identified in part 430 of title 40, Code of Federal Regulations (or successor regulations).

(B)

added Airports (as defined in section 47102 of title 49, United States Code).

(3)

added Determination—

(A)

added In general— Not later than December 31, 2023, the Administrator shall make a determination—

(i)

added to commence developing effluent limitations and standards for the point source categories and entities listed in paragraph (2); or

(ii)

added 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)

added 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)

added 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)

added 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)

added Definitions— In this section:

(1)

added The term Administrator means the Administrator of the Environmental Protection Agency.

(2)

added 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)

added 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)

added The term perfluoroalkyl substance means a chemical of which all of the carbon atoms are fully fluorinated carbon atoms.

(5)

added 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)

added 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

added

(a)

added Application of State Laws— The Maine Indian Claims Settlement Act of 1980 (Public Law 96–420) is amended—

(1)

added in section 3—

(A)

added in subsection (m), by striking “and” at the end;

(B)

added in subsection (n), by striking the period and inserting “; and”; and

(C)

added by adding at the end the following:

added “(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.”

(2)

added in section 6—

(A)

added in subsection (a), by striking “provided in section 8(e) and section 5(d)(4)” and inserting “otherwise provided in this Act”; and

(B)

added in subsection (h)—

(i)

added by striking “Except as other wise provided in this Act, the” and inserting “The”;

(ii)

added in the first sentence, by inserting “or enacted for the benefit of” before “Indians, Indian nations”;

(iii)

added 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)

added by striking “also (2)” and inserting “also (3)”; and

(v)

added 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)

added 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)

added in subsection (a)—

(A)

added by striking “or” after “Passamaquoddy Tribe” and inserting a comma;

(B)

added by inserting “, the Houlton Band of Maliseet Indians, or the Mi’kmaq Nation” after “Penobscot Nation”; and

(C)

added in the second sentence, by striking “respective tribe or nation” each place it appears and inserting “respective tribe, nation, or band”;

(2)

added in subsection (b)—

(A)

added by striking “or” after “Passamaquoddy Tribe” and inserting a comma; and

(B)

added by inserting “, the Houlton Band of Maliseet Indians, or the Mi’kmaq Nation” after “Penobscot Nation”;

(3)

added by striking subsection (e);

(4)

added by redesignating subsection (f) as subsection (e); and

(5)

added in subsection (e), as so redesignated—

(A)

added by striking “or” after “Passamaquoddy Tribe” and inserting a comma;

(B)

added by inserting “, the Houlton Band of Maliseet Indians, or the Mi’kmaq Nation” after “Penobscot Nation”; and

(C)

added by striking “or nation” and inserting “, nation, or band”.

(c)

added Construction— Section 16 of the Maine Indian Claims Settlement Act of 1980 (Public Law 96–420) is amended—

(1)

added by striking “(a)” at the beginning; and

(2)

added by striking subsection (b).

(d)

added 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

added

added It is the sense of Congress that—

(1)

added 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)

added 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)

added 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

added

(a)

added Findings and purposes—

(1)

added Findings— Congress finds that—

(A)

added 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)

added 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)

added 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)

added 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)

added 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)

added on May 4, 2022, the President issued a major disaster declaration for the counties of Colfax, Mora, and San Miguel, New Mexico;

(G)

added 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)

added the U.S. Forest Service has assumed responsibility for the Hermit’s Peak/Calf Canyon Fire;

(I)

added the fire resulted in the loss of Federal, State, local, Tribal, and private property; and

(J)

added the United States should compensate the victims of the Hermit’s Peak/Calf Canyon Fire.

(2)

added Purposes— The purposes of this section are—

(A)

added to compensate victims of the Hermit’s Peak/Calf Canyon Fire, for injuries resulting from the fire; and

(B)

added to provide for the expeditious consideration and settlement of claims for those injuries.

(b)

added Definitions— In this section:

(1)

added Administrator— The term Administrator means—

(A)

added the Administrator of the Federal Emergency Management Agency; or

(B)

added if a Manager is appointed under subsection (c)(1)(C), the Manager.

(2)

added Hermit’s Peak/Calf Canyon Fire— The term Hermit’s Peak/Calf Canyon Fire means—

(A)

added 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)

added the pile burn holdover resulting from the prescribed burn by the Forest Service, which reemerged on April 19, 2022; and

(C)

added 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)

added 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)

added Injured person— The term injured person means—

(A)

added an individual, regardless of the citizenship or alien status of the individual; or

(B)

added 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)

added 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)

added Manager— The term Manager means an Independent Claims Manager appointed under subsection (c)(1)(C).

(7)

added Office— The term Office means the Office of Hermit's Peak/Calf Canyon Fire Claims established by subsection (c)(1)(B).

(8)

added 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).

(c)

added Compensation for victims of Hermit's Peak/Calf Canyon Fire—

(1)

added In general—

(A)

added 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)

added Office of Hermit's Peak/Calf Canyon Fire Claims—

(i)

added In general— There is established within the Federal Emergency Management Agency an Office of Hermit's Peak/Calf Canyon Fire Claims.

(ii)

added Purpose— The Office shall receive, process, and pay claims in accordance with this section.

(iii)

added Funding— The Office—

(I)

added shall be funded from funds made available to the Administrator under this section;

(II)

added 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)

added may reimburse other Federal agencies for claims processing support and assistance.

(C)

added Option to appoint independent claims manager— The Administrator may appoint an Independent Claims Manager to—

(i)

added head the Office; and

(ii)

added assume the duties of the Administrator under this section.

(2)

added 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)

added Investigation of claims—

(A)

added 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)

added 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).

(C)

added Extent of damages— Any payment under this section—

(i)

added shall be limited to actual compensatory damages measured by injuries suffered; and

(ii)

added shall not include—

(I)

added interest before settlement or payment of a claim; or

(II)

added punitive damages.

(4)

added Payment of claims—

(A)

added Determination and payment of amount—

(i)

added In general—

(I)

added 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)

added 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)

added Parameters of determination— In determining and settling a claim under this section, the Administrator shall determine only—

(I)

added whether the claimant is an injured person;

(II)

added whether the injury that is the subject of the claim resulted from the fire;

(III)

added the amount, if any, to be allowed and paid under this section; and

(IV)

added the person or persons entitled to receive the amount.

(iii)

added Insurance and other benefits—

(I)

added 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)

added 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)

added Partial payment—

(i)

added 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)

added 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)

added seek judicial review under paragraph (9); and

(II)

added keep any partial payment that the claimant received, unless the Administrator determines that the claimant—

(aa)

added was not eligible to receive the compensation; or

(bb)

added fraudulently procured the compensation.

(C)

added 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)

added Allowable damages—

(i)

added 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)

added an uninsured or underinsured property loss;

(II)

added a decrease in the value of real property;

(III)

added damage to physical infrastructure, including irrigation infrastructure such as acequia systems;

(IV)

added 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)

added 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)

added any other loss that the Administrator determines to be appropriate for inclusion as loss of property.

(ii)

added 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)

added Damage to tangible assets or inventory.

(II)

added Business interruption losses.

(III)

added Overhead costs.

(IV)

added Employee wages for work not performed.

(V)

added Any other loss that the Administrator determines to be appropriate for inclusion as business loss.

(iii)

added 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)

added Increased mortgage interest costs.

(II)

added An insurance deductible.

(III)

added A temporary living or relocation expense.

(IV)

added Lost wages or personal income.

(V)

added Emergency staffing expenses.

(VI)

added Debris removal and other cleanup costs.

(VII)

added 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)

added 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)

added A disaster assistance loan received from the Small Business Administration.

(X)

added Any other loss that the Administrator determines to be appropriate for inclusion as financial loss.

(5)

added 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)

added be final and conclusive on the claimant, with respect to all claims arising out of or relating to the same subject matter; and

(B)

added 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)

added Regulations and public information—

(A)

added 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)

added Public information—

(i)

added 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)

added the rights conferred under this section; and

(II)

added the procedural and other requirements of the regulations promulgated under subparagraph (A).

(ii)

added 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)

added 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)

added ensure the efficient administration of the claims process; and

(B)

added provide for local concerns.

(8)

added Election of remedy—

(A)

added 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)

added submitting a claim under this section;

(ii)

added 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)

added bringing an authorized civil action under any other provision of law.

(B)

added 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.

(C)

added Arbitration—

(i)

added 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)

added 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)

added Binding effect— An election by an injured person to settle a claim through arbitration under this subparagraph shall—

(I)

added be binding; and

(II)

added preclude any exercise by the injured person of the right to judicial review of a claim described in paragraph (9).

(D)

added 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)

added Judicial review—

(A)

added 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)

added Record— The court shall hear a civil action under subparagraph (A) on the record made before the Administrator.

(C)

added 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)

added Attorney’s and agent’s fees—

(A)

added 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)

added Violation— An attorney or agent who violates subparagraph (A) shall be fined not more than $10,000.

(11)

added Waiver of requirement for matching funds—

(A)

added State and local project—

(i)

added 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)

added Federal share— The Federal share of the costs of a project described in clause (i) shall be 100 percent.

(B)

added 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)

added 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)

added there is evidence of civil or criminal fraud, misrepresentation, presentation of a false claim; or

(B)

added a claimant was not eligible under paragraph (4)(B) of this section to any partial payment.

(13)

added 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)

added 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)

added 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)

added 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)

added 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)

added the amount claimed;

(B)

added a brief description of the nature of the claim; and

(C)

added the status or disposition of the claim, including the amount of any payment under this section.

(15)

added 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

added

(a)

added 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)

added 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)

added 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)

added Authorization of appropriations—

(1)

added 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)

added Availability— Amounts authorized to be appropriated pursuant to this subsection are authorized to remain available until expended.

(e)

added Definitions— In this section:

(1)

added 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)

added 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

added

(a)

added 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)

added 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)

added 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)

added 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)

added 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)

added Transformer resilience— The Secretary shall—

(1)

added improve large power transformers, generator step-up transformers, power conversion equipment, and other critical electric grid equipment by reducing their vulnerabilities;

(2)

added develop, test, and deploy innovative equipment designs that are more flexible and offer greater resiliency of electric grid functions;

(3)

added coordinate with industry and manufacturers to standardize large power transformers, generator step-up transformers, power conversion equipment, and other critical electric grid equipment;

(4)

added 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)

added 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)

added 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)

added 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)

added 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)

added Definitions— In this section:

(1)

added 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)

added 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)

added The term iron and steel products includes electrical steel used in the manufacture of—

(A)

added transformers; and

(B)

added laminations, cores, and other transformer components.

(4)

added 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)

added 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)

added The term Secretary means the Secretary of Energy.

Sec. 5889 AI in Counterterrorism Oversight Enhancement

added

(a)

added Short title— This section may be cited as the “AI in Counterterrorism Oversight Enhancement Act”.

(b)

added Oversight of use of artificial intelligence-enabled technologies by executive branch for counterterrorism purposes—

(1)

added 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)

added in subsection (a)—

(i)

added by redesignating paragraphs (3) and (4) as paragraphs (4) and (5);

(ii)

added by inserting after paragraph (2) the following new paragraph:

added “(3) provide to the Privacy and Civil Liberties Oversight Board, with respect to covered artificial intelligence-enabled technologies—

added “(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;

added “(B) access to associated impact statements, including system of record notices, privacy impact assessments, and civil liberties impact assessments;

added “(C) access to associated information and materials documenting—

added “(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;

added “(ii) the algorithms and models of such technologies;

added “(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;

added “(iv) data governance processes and procedures, including acquisition, protection, retention, sharing, and access, related to data resources associated with such technologies; and

added “(v) processes for training and testing, evaluating, validating, and modifying such technologies; and

added “(D) access to all other associated information and materials.”

(B)

added in subsection (d)(1), by inserting “(including as described under subsection (a)(3))” after “officer”; and

(C)

added by adding at the end the following:

added “(i) Definitions—In this section:

added “(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).

added “(2) Covered artificial intelligence-enabled technology—The term “covered artificial intelligence-enabled technology” means an artificial intelligence-enabled technology (including a classified technology)—

added “(A) in use by the applicable department, agency, or element to protect the Nation from terrorism; or

added “(B) that the applicable department, agency, or element plans to evaluate, develop, acquire, retain, or repurpose to protect the Nation from terrorism.

added “(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)

added 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)

added 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)

added 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

added

added Section 1287 of Public Law 114–328 is amended by striking subsection (j).

Sec. 5891 Resolution of controversies under Servicemembers Civil Relief Act

added

(a)

added 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:

added “(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)

added 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

added

(a)

added In general— Section 107(a) of the Servicemembers Civil Relief Act (50 U.S.C. 3918(a)) is amended—

(1)

added 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)

added 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)

added 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

added

added Section 802(a) of the Servicemembers Civil Relief Act (50 U.S.C. 4042(a)) is amended—

(1)

added in the matter preceding paragraph (1), by inserting “, notwithstanding any previous agreement to the contrary,” after “may”; and

(2)

added 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

added

added Section 2(d)(2) of the West Los Angeles Leasing Act of 2016 (Public Law 114–226) is amended—

(1)

added in subparagraph (A), by striking “; and” and inserting a semicolon;

(2)

added by redesignating subparagraph (B) as subparagraph (C); and

(3)

added by inserting after subparagraph (A) the following new subparagraph:

added “(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

added

added 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)

added the use of data in foreign policy, global issues policy analysis, and decision-making at the Department of State;

(2)

added 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)

added 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

added

added 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)

added in paragraph (5), by striking ‘‘; and’’ and inserting a semicolon;

(2)

added in paragraph (6), by striking the period at the end and inserting ‘‘; and’’; and

(3)

added by adding at the end the following:

added “(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

added “(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

added

(a)

added 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)

added Elements— This fellowship program shall—

(1)

added provide a temporary respite for members of the regional corps in a safe environment;

(2)

added allow the members to continue to work via engagement with universities, think tanks, government actors, and international organizations; and

(3)

added 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.

(c)

added Regional and international support— The Secretary of State shall take such steps as may be necessary—

(1)

added 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)

added to ensure the fellowship program is well coordinated with and complementary of existing mechanisms such as the Lifeline Embattled CSO Assistance Fund.

(d)

added Focus; safety— Activities carried out under the fellowship program—

(1)

added 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)

added 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)

added 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

added

(a)

added 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)

added Matters to be included— The report required by subsection (a) shall include—

(1)

added 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)

added 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)

added the changes to the general mortality rate, maternal mortality rate, life expectancy, and literacy;

(C)

added 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)

added the degree of international compliance and non-compliance of the country; and

(E)

added 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)

added 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)

added an assessment of United States national security;

(B)

added an assessment of whether the stated foreign policy goals of the sanctions are being met;

(C)

added the degree of international support or opposition to the sanctions; and

(D)

added an assessment of such sanctions on United States businesses, consumers, and financial institutions.

(c)

added 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)

added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—

(1)

added the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Ways and Means of the House of Representatives; and

(2)

added 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

added

added Section 307 of the Safe Drinking Water Act Amendments of 1996 (33 U.S.C. 1281 note) is amended—

(1)

added in subsection (a)—

(A)

added by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and

(B)

added by inserting after paragraph (1) the following:

added “(2) Covered entity—The term “covered entity” means each of the following:

added “(A) A border State.

added “(B) A local government with jurisdiction over an eligible community.”

(2)

added in subsection (b), by striking “border State” and inserting “covered entity”;

(3)

added in subsection (d), by striking “shall not exceed 50 percent” and inserting “may not be less than 80 percent”; and

(4)

added in subsection (e)—

(A)

added by striking “$25,000,000” and inserting “$100,000,000”; and

(B)

added by striking “1997 through 1999” and inserting “2023 through 2027”.

Sec. 5900 Contracts by the President, the Vice President, or a Cabinet Member

added

(a)

added Amendment— Section 431 of title 18, United States Code, is amended—

(1)

added in the section heading, by inserting “the President, the Vice President, a Cabinet Member, or a” after “Contracts by”; and

(2)

added in the first undesignated paragraph, by inserting “the President, the Vice President, or any member of the Cabinet,” after “Whoever, being”.

(b)

added 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:

Sec. 5901 Statement of policy and report on engaging with Niger

added

(a)

added Statement of policy— It is the policy of the United States to—

(1)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added An overview of foreign partner support for Niger’s intelligence and security sector.

(5)

added 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)

added 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)

added An assessment of foreign malign influence in Niger, with a specific focus on the People’s Republic of China, the Russian Federation, and their proxies.

(c)

added Form— The report required by section (b) shall be submitted in unclassified form and may include a classified annex.

(d)

added Appropriate congressional committees— In this section, the term “appropriate congressional committees” means—

(1)

added the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and

(2)

added the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate.

Sec. 5902 Interagency task force

added

(a)

added Sense of Congress— It is the sense of Congress that—

(1)

added 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)

added 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)

added PRC coercive economic measures creates pressures for the private sector to behave in ways antithetical to United States national interests and competitiveness.

(b)

added 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”).

(c)

added Duties—

(1)

added In general— The Task Force shall—

(A)

added 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)

added systematically monitoring and evaluating—

(I)

added the costs of such measures on United States businesses and overall United States economic performance;

(II)

added instances in which such measures taken against a non-PRC entity has benefitted other parties; and

(III)

added the impacts such measures have had on United States national interests; and

(ii)

added 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)

added 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)

added 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)

added 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)

added 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)

added Relevant stakeholders in the private sector.

(B)

added Federal departments and agencies that are not represented on the Task Force.

(C)

added United States allies and partners.

(d)

added Membership— The President shall—

(1)

added appoint the chair of the Task Force from among the staff of the National Security Council;

(2)

added appoint the vice chair of the Task Force from among the staff of the National Economic Council; and

(3)

added 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)

added The Department of State.

(B)

added The Department of Commerce.

(C)

added The Department of the Treasury.

(D)

added The Department of Justice.

(E)

added The Office of the United States Trade Representative.

(F)

added The Department of Agriculture.

(G)

added 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)

added The Securities and Exchange Commission.

(I)

added The United States International Development Finance Corporation.

(J)

added Any other department or agency designated by the President.

(e)

added Reports—

(1)

added 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)

added 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)

added The strategy required by subsection (c)(1)(A).

(C)

added An interagency definition of PRC coercive economic measures that captures both—

(i)

added the use of informal or extralegal PRC coercive economic measures; and

(ii)

added the illegitimate use of formal economic tools.

(D)

added 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)

added A list of unilateral or multilateral—

(i)

added proactive measures to defend or deter against PRC coercive economic measures; and

(ii)

added 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)

added An assessment of areas in which United States allies and partners are vulnerable to PRC coercive economic measures.

(G)

added 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)

added An analysis of the circumstances under which the PRC employs different types of economic coercion and against what kinds of targets.

(I)

added 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)

added Interim reports—

(A)

added 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)

added Updates to information required by subparagraphs (A) through (G) of paragraph (1).

(ii)

added A description of activities conducted by the Task Force to implement the strategy required by subsection (c)(1)(A).

(iii)

added An assessment of the implementation and effectiveness of the strategy, lessons learned from the past year, and planned changes to the strategy.

(B)

added 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)

added 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)

added An analysis of PRC coercive economic measures and the cost of such coercive measures to United States businesses.

(B)

added A description of areas of possible vulnerability for United States businesses and businesses of United States partners and allies.

(C)

added Recommendations on how to continue the effort to counter PRC coercive economic measures, including through further coordination with United States allies and partners.

(D)

added A list of cases made public under subsection (f).

(4)

added Form—

(A)

added 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)

added Final report— The report required by paragraph (3) shall be submitted in unclassified form, but may include a classified annex.

(f)

added Publicly available list—

(1)

added 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)

added 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)

added Sunset—

(1)

added 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)

added 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)

added Definitions— In this section:

(1)

added Appropriate congressional committees— The term “appropriate congressional committees” means—

(A)

added the Committee on Foreign Affairs of the House of Representatives; and

(B)

added the Committee on Foreign Relations of the Senate.

(2)

added 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

added

added 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

added

(a)

added Definitions— In this section:

(1)

added 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)

added 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)

added Appropriate congressional committees— The term appropriate congressional committees means—

(A)

added the Committee on Appropriations of the Senate;

(B)

added the Committee on Foreign Relations of the Senate;

(C)

added the Committee on Appropriations of the House of Representatives; and

(D)

added the Committee on Foreign Affairs of the House of Representatives.

(4)

added 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)

added 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)

added is selected through a competitive process;

(B)

added 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)

added enters into a cooperative agreement with the American Institute in Taiwan to administer the Taiwan Fellowship Program.

(b)

added Establishment of Taiwan Fellowship Program—

(1)

added 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)

added Cooperative agreements—

(A)

added 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)

added 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)

added not fewer than five fellowships during the first two years of the Program; and

(ii)

added not fewer than ten fellowships during each of the remaining years of the Program.

(3)

added 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)

added 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)

added begin the process of selecting an implementing partner, which—

(i)

added shall agree to meet all of the legal requirements required to operate in Taiwan; and

(ii)

added shall be composed of staff who demonstrate significant experience managing exchange programs in the Indo-Pacific region.

(4)

added Curriculum—

(A)

added First year— During the first year of each fellowship under this subsection, each fellow should study—

(i)

added the Mandarin Chinese language;

(ii)

added the people, history, and political climate on Taiwan; and

(iii)

added the issues affecting the relationship between the United States and the Indo-Pacific region.

(B)

added 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)

added a parliamentary office, ministry, or other agency of the governing authorities on Taiwan; or

(ii)

added 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)

added 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)

added Sunset— The Program shall terminate ten years after the date of the enactment of this Act.

(c)

added Program requirements—

(1)

added Eligibility requirements— A United States citizen is eligible for a fellowship under this section if he or she—

(A)

added is an employee of the United States Government;

(B)

added 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;

(C)

added has at least two years of experience in any branch of the United States Government;

(D)

added has a demonstrated professional or educational background in the relationship between the United States and countries in the Indo-Pacific region; and

(E)

added has demonstrated his or her commitment to further service in the United States Government.

(2)

added Responsibilities of fellows— Each recipient of a fellowship under this section shall agree, as a condition of such fellowship—

(A)

added 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)

added to refrain from engaging in any intelligence or intelligence-related activity on behalf of the United States Government; and

(C)

added 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)

added Responsibilities of implementing partner—

(A)

added Selection of fellows— The implementing partner, in close coordination with the Department of State and the American Institute in Taiwan, shall—

(i)

added make efforts to recruit fellowship candidates who reflect the diversity of the United States;

(ii)

added 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)

added prioritize the selection of candidates willing to serve a fellowship lasting one year or longer.

(B)

added 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)

added intensive Mandarin Chinese language training; and

(ii)

added courses in the politic, culture, and history of Taiwan, China, and the broader Indo-Pacific.

(C)

added 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)

added 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)

added to liaise with the American Institute in Taiwan and the governing authorities on Taiwan; and

(ii)

added to serve as the primary in-country point of contact for the recipients of fellowships under this section and their dependents.

(E)

added 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)

added Noncompliance—

(A)

added In general— Any fellow who fails to comply with the requirements under this section shall reimburse the American Institute in Taiwan for—

(i)

added the Federal funds expended for the fellow’s participation in the fellowship, as set forth in subparagraphs (B) and (C); and

(ii)

added interest accrued on such funds (calculated at the prevailing rate).

(B)

added 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)

added all of the Federal funds expended for the fellow’s participation in the fellowship; and

(ii)

added interest on the amount specified in clause (i), which shall be calculated at the prevailing rate.

(C)

added 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)

added the amount specified in subparagraph (B); and

(ii)

added the product of—

(I)

added 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)

added the percentage of the period specified in paragraph (2)(C) during which the fellow did not remain employed by the United States Government.

(5)

added 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)

added An assessment of the performance of the implementing partner in fulfilling the purposes of this section.

(B)

added 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)

added 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)

added 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)

added Any recommendations, as appropriate, to improve the implementation of the Program, including added flexibilities in the administration of the program.

(F)

added An assessment of the Program’s value upon the relationship between the United States and Taiwan or the United States and Asian countries.

(6)

added Annual financial audit—

(A)

added 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)

added 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)

added Access to documents— The implementing partner shall make available to the accountants conducting an audit under subparagraph (A)—

(i)

added 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)

added full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians.

(D)

added Report—

(i)

added 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)

added Contents— Each audit report shall—

(I)

added set forth the scope of the audit;

(II)

added 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)

added include a statement of the implementing partner’s income and expenses during the year; and

(IV)

added include a schedule of—

(aa)

added all contracts and cooperative agreements requiring payments greater than $5,000; and

(bb)

added any payments of compensation, salaries, or fees at a rate greater than $5,000 per year.

(iii)

added Copies— Each audit report shall be produced in sufficient copies for distribution to the public.

(d)

added Taiwan fellows on detail from Government service—

(1)

added In general—

(A)

added 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)

added Agreement— Each detailee shall enter into a written agreement with the Federal Government before receiving a fellowship, in which the fellow shall agree—

(i)

added 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)

added 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)

added 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)

added Status as Government employee— A detailee—

(A)

added is deemed, for the purpose of preserving allowances, privileges, rights, seniority, and other benefits, to be an employee of the sponsoring agency;

(B)

added 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)

added 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)

added the taking of an oath of allegiance to another government; or

(ii)

added the acceptance of compensation or other benefits from any foreign government by such detailee.

(3)

added Responsibilities of sponsoring agency—

(A)

added 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)

added a living quarters allowance to cover the cost of housing in Taiwan;

(ii)

added a cost of living allowance to cover any possible higher costs of living in Taiwan;

(iii)

added a temporary quarters subsistence allowance for up to seven days if the fellow is unable to find housing immediately upon arriving in Taiwan;

(iv)

added 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)

added 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)

added an economy-class airline ticket to and from Taiwan for each fellow and the fellow’s immediate family.

(B)

added 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)

added 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)

added Reimbursement— Fellows may be detailed under paragraph (1)(A) without reimbursement to the United States by the American Institute in Taiwan.

(6)

added Allowances and benefits— Detailees may be paid by the American Institute in Taiwan for the allowances and benefits listed in paragraph (3).

(e)

added 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)

added 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)

added An assessment of the costs and benefits for participants in the Program and for the United States Government of such fellowships.

(3)

added An analysis of the financial impact of the fellowship on United States Government offices that have detailed fellows to participate in the Program.

(4)

added Recommendations, if any, on how to improve the Program.

(f)

added Funding—

(1)

added Authorization of appropriations— There are authorized to be appropriated to the American Institute in Taiwan—

(A)

added 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)

added for fiscal year 2024, and each succeeding fiscal year, $2,400,000.

(2)

added 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

added

(a)

added 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)

added Saving provision— Nothing in this section amends or exempts the prohibitions and liabilities under section 3729 of title 31, United States Code.

(c)

added Termination— This section ceases to be effective on June 30, 2025.

Sec. 5906 Biliteracy Education Seal and Teaching Act

added

(a)

added Department of Education grants for State Seal of Biliteracy programs—

(1)

added Establishment of program—

(A)

added 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)

added 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)

added 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)

added 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)

added Limitations— A State shall not receive more than 1 grant under this subsection at any time.

(F)

added 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)

added 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)

added 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)

added a detailed description of the State’s plan—

(i)

added to ensure that English learners and former English learners are included in the State Seal of Biliteracy program;

(ii)

added to ensure that—

(I)

added all languages, including Native American languages, can be tested for the State Seal of Biliteracy program; and

(II)

added 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)

added 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;

(C)

added an assurance that a student who meets the requirements under subparagraph (A) and paragraph (3) receives—

(i)

added a permanent seal or other marker on the student's secondary school diploma or its equivalent; and

(ii)

added documentation of proficiency on the student’s official academic transcript; and

(D)

added an assurance that a student is not charged a fee for providing information under paragraph (3)(A).

(3)

added Student participation in a Seal of Biliteracy program—

(A)

added 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)

added 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)

added Use of funds— Grant funds made available under this subsection shall be used for—

(A)

added the administrative costs of establishing or improving, and carrying out, a Seal of Biliteracy program that meets the requirements of paragraph (2); and

(B)

added public outreach and education about the Seal of Biliteracy program.

(5)

added 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)

added 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)

added Definitions— In this section:

(1)

added 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)

added 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)

added 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)

added 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)

added The term Secretary means the Secretary of Education.

Sec. 5907 Presumption of cause of disability or death due to employment in fire protection activities

added

(a)

added Certain diseases presumed to be work-related cause of disability or death for Federal employees in fire protection activities—

(1)

added 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:

added “8143b. Employees in fire protection activities.

added “(a) Certain diseases deemed to be proximately caused by employment in fire protection activities

added “(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.

added “(2) Establishment of initial list—There is established under this section the following list of diseases:

added “(A) Bladder cancer.

added “(B) Brain cancer.

added “(C) Chronic obstructive pulmonary disease.

added “(D) Colorectal cancer.

added “(E) Esophageal cancer.

added “(F) Kidney cancer.

added “(G) Leukemias.

added “(H) Lung cancer.

added “(I) Mesothelioma.

added “(J) Multiple myeloma.

added “(K) Non-Hodgkin lymphoma.

added “(L) Prostate cancer.

added “(M) Skin cancer (melanoma).

added “(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).

added “(O) Testicular cancer.

added “(P) Thyroid cancer.

added “(3) Additions to the list

added “(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.

added “(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.

added “(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.

added “(4) Petitions to add to the list

added “(A) In general—Any person may petition the Secretary to add a disease to the list under this section.

added “(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.

added “(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.

added “(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.

added “(b) Definitions—In this section:

added “(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—

added “(A) is trained in fire suppression;

added “(B) has the legal authority and responsibility to engage in fire suppression;

added “(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

added “(D) performs such activities as a primary responsibility of his or her job.

added “(2) Secretary—The term “Secretary” means Secretary of Labor.”

(2)

added 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)

added Agenda for Further Review— Not later than 3 years after the date of enactment of this Act, the Secretary shall—

(A)

added 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)

added 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)

added 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)

added 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)

added the race, ethnicity, age, gender, and time of service of such Federal wildland firefighters participating in the study; and

(B)

added 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)

added 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)

added 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)

added Subrogation of continuation of pay—

(1)

added Subrogation of the United States— Section 8131 of title 5, United States Code, is amended—

(A)

added in subsection (a), by inserting “continuation of pay or” before “compensation”; and

(B)

added in subsection (c), by inserting “continuation of pay or” before “compensation already paid”.

(2)

added Adjustment after recovery from a third person— Section 8132 of title 5, United States Code, is amended—

(A)

added by inserting “continuation of pay or” before “compensation” the first and second place it appears;

(B)

added by striking “in his behalf” and inserting “on his behalf”;

(C)

added by inserting “continuation of pay and” before “compensation” the third place it appears; and

(D)

added 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.”.

(c)

added Protection of firefighters from toxic chemicals and other contaminants—

(1)

added 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)

added 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)

added the availability and proper maintenance of professional protective equipment and secure storage of such equipment in employees’ homes and automotive vehicles;

(C)

added the availability of home instructions for employees regarding toxins and contaminants, and the appropriate procedures to counteract exposure to same;

(D)

added 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)

added other related factors.

(2)

added 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)

added 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)

added 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)

added amend section 10.121 of title 20, Code of Federal Regulations, by striking “30 days” and inserting “60 days”; and

(2)

added 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

added

(a)

added 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)

added in section 116(d) (22 U.S.C. 2151n(d))—

(A)

added in paragraph (11)(C), by striking “and” at the end;

(B)

added in paragraph (12)(C)(ii), by striking the period at the end and inserting “; and”; and

(C)

added by adding at the end the following:

added “(13) wherever applicable, violence or discrimination that affects the fundamental freedoms or human rights of migrants located in a foreign country.”

(2)

added 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)

added 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)

added incidents of violence against migrants located in the country in which such post is located;

(2)

added an analysis of the factors enabling or aggravating such incidents, such as government policy, societal pressure, or the actions of external actors; and

(3)

added the response, whether public or private, of the personnel of such post with respect to such incidents.

(c)

added 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

added

added Section 1956 of title 18, United States Code, is amended by adding at the end the following:

added “(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

added

(a)

added In general—

(1)

added Findings— Congress finds the following:

(A)

added 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)

added 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)

added 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)

added Authorization of imposition of sanctions—

(A)

added 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)

added engages in public corruption activities against a United States person, including—

(I)

added soliciting or accepting bribes;

(II)

added using the authority of the state to extort payments; or

(III)

added engaging in extortion; or

(ii)

added 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)

added Sanctions described—

(i)

added Inadmissibility to united states— A foreign person who is subject to sanctions under this subsection shall be—

(I)

added inadmissible to the United States;

(II)

added ineligible to receive a visa or other documentation to enter the United States; and

(III)

added 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)

added Current visas revoked—

(I)

added 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)

added Effect of revocation— A revocation under subclause (I) shall—

(aa)

added take effect immediately; and

(bb)

added automatically cancel any other valid visa or entry documentation that is in the foreign person’s possession.

(C)

added 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)

added would further important law enforcement objectives; or

(ii)

added 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)

added 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)

added 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)

added 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)

added the termination of the sanctions is in the national security interests of the United States.

(E)

added Regulatory authority— The Secretary of State shall issue such regulations, licenses, and orders as are necessary to carry out this paragraph.

(F)

added Appropriate congressional committees defined— In this paragraph, the term “appropriate congressional committees” means—

(i)

added the Committee on the Judiciary and the Committee on Foreign Affairs of the House of Representatives; and

(ii)

added the Committee on the Judiciary and the Committee on Foreign Relations of the Senate.

(3)

added Reports to congress—

(A)

added In general— The Secretary of State shall submit to the appropriate congressional committees, in accordance with subparagraph (B), a report that includes—

(i)

added 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)

added the number of foreign persons with respect to which the Secretary of State—

(I)

added imposed sanctions under paragraph (2)(A) during that year; and

(II)

added terminated sanctions under paragraph (2)(D) during that year;

(iii)

added the dates on which such sanctions were imposed or terminated, as the case may be;

(iv)

added the reasons for imposing or terminating such sanctions;

(v)

added the total number of foreign persons considered under paragraph (2)C) for whom sanctions were not imposed; and

(vi)

added recommendations as to whether the imposition of additional sanctions would be an added deterrent in preventing public corruption.

(B)

added Dates for submission—

(i)

added 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)

added 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)

added 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)

added each calendar year thereafter.

(C)

added Form of report—

(i)

added In general— Each report required by subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.

(ii)

added 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)

added determines that it is vital for the national security interests of the United States to do so; and

(II)

added uses the annex in a manner consistent with congressional intent and the purposes of this subsection.

(D)

added Public availability—

(i)

added 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)

added 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)

added Appropriate congressional committees defined— In this paragraph, the term “appropriate congressional committees” means—

(i)

added the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives; and

(ii)

added the Committee on Foreign Relations, and the Committee on the Judiciary of the Senate.

(4)

added Sunset—

(A)

added 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)

added 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)

added Definitions— In this subsection:

(A)

added Entity— The term “entity” means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization.

(B)

added Foreign person— The term “foreign person” means a person that is not a United States person.

(C)

added 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)

added Person— The term “person” means an individual or entity.

(E)

added 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)

added Justice for victims of kleptocracy—

(1)

added Forfeited property—

(A)

added In general— Chapter 46 of title 18, United States Code, is amended by adding at the end the following:

added “988. Accounting of certain forfeited property

added “(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.

added “(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:

added “(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.

added “(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.

added “(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)

added Clerical amendment— The table of sections for chapter 46 of title 18, United States Code, is amended by adding at the end the following:

(2)

added 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

added

(a)

added Short title— This section may be cited as the “FedRAMP Authorization Act”.

(b)

added Amendment— Chapter 36 of title 44, United States Code, is amended by adding at the end the following:

added “3607. Definitions

added “(a) In general—Except as provided under subsection (b), the definitions under sections 3502 and 3552 apply to this section through section 3616.

added “(b) Additional definitions—In this section through section 3616:

added “(1) Administrator—The term Administrator means the Administrator of General Services.

added “(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.

added “(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.

added “(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.

added “(5) Cloud service provider—The term cloud service provider means an entity offering cloud computing products or services to agencies.

added “(6) FedRAMP—The term FedRAMP means the Federal Risk and Authorization Management Program established under section 3608.

added “(7) FedRAMP authorization—The term FedRAMP authorization means a certification that a cloud computing product or service has—

added “(A) completed a FedRAMP authorization process, as determined by the Administrator; or

added “(B) received a FedRAMP provisional authorization to operate, as determined by the FedRAMP Board.

added “(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.

added “(9) FedRAMP Board—The term FedRAMP Board means the board established under section 3610.

added “(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.

added “(11) Secretary—The term Secretary means the Secretary of Homeland Security.

added “3608. Federal Risk and Authorization Management Program

added “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.

added “3609. Roles and responsibilities of the General Services Administration

added “(a) Roles and responsibilities—The Administrator shall—

added “(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;

added “(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;

added “(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;

added “(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;

added “(5) grant FedRAMP authorizations to cloud computing products and services consistent with the guidance and direction of the FedRAMP Board;

added “(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;

added “(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;

added “(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;

added “(9) provide regular updates to applicant cloud service providers on the status of any cloud computing product or service during an assessment process;

added “(10) regularly review, in consultation with the FedRAMP Board—

added “(A) the costs associated with the independent assessment services described in section 3611; and

added “(B) the information relating to foreign interests submitted pursuant to section 3612;

added “(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;

added “(12) support the Federal Secure Cloud Advisory Committee established pursuant to section 3616; and

added “(13) take such other actions as the Administrator may determine necessary to carry out FedRAMP.

added “(b) Website

added “(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).

added “(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.

added “(c) Evaluation of automation procedures

added “(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.

added “(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.

added “(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.

added “3610. FedRAMP Board

added “(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.

added “(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:

added “(1) The Department of Defense.

added “(2) The Department of Homeland Security.

added “(3) The General Services Administration.

added “(4) Such other agencies as determined by the Director, in consultation with the Administrator.

added “(c) Qualifications—Members of the FedRAMP Board appointed under subsection (b) shall have technical expertise in domains relevant to FedRAMP, such as—

added “(1) cloud computing;

added “(2) cybersecurity;

added “(3) privacy;

added “(4) risk management; and

added “(5) other competencies identified by the Director to support the secure authorization of cloud services and products.

added “(d) Duties—The FedRAMP Board shall—

added “(1) in consultation with the Administrator, serve as a resource for best practices to accelerate the process for obtaining a FedRAMP authorization;

added “(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;

added “(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);

added “(4) ensure consistency and transparency between agencies and cloud service providers in a manner that minimizes confusion and engenders trust; and

added “(5) perform such other roles and responsibilities as the Director may assign, with concurrence from the Administrator.

added “(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.

added “3611. Independent assessment

added “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.

added “3612. Declaration of foreign interests

added “(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.

added “(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).

added “(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.

added “3613. Roles and responsibilities of agencies

added “(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—

added “(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;

added “(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;

added “(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

added “(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.

added “(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.

added “(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.

added “(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.

added “(e) Presumption of adequacy

added “(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.

added “(2) Information security requirements—The presumption under paragraph (1) does not modify or alter—

added “(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

added “(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.

added “3614. Roles and responsibilities of the Office of Management and Budget

added “The Director shall—

added “(1) in consultation with the Administrator and the Secretary, issue guidance that—

added “(A) specifies the categories or characteristics of cloud computing products and services that are within the scope of FedRAMP;

added “(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

added “(C) encompasses, to the greatest extent practicable, all necessary and appropriate cloud computing products and services;

added “(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;

added “(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;

added “(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

added “(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.

added “3615. Reports to Congress; GAO report

added “(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:

added “(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.

added “(2) Progress towards meeting the metrics required under section 3609(d).

added “(3) Data on FedRAMP authorizations.

added “(4) The average length of time to issue FedRAMP authorizations.

added “(5) The number of FedRAMP authorizations submitted, issued, and denied for the preceding year.

added “(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.

added “(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.

added “(8) A review of FedRAMP measures to ensure the security of data stored or processed by cloud service providers, which may include—

added “(A) geolocation restrictions for provided products or services;

added “(B) disclosures of foreign elements of supply chains of acquired products or services;

added “(C) continued disclosures of ownership of cloud service providers by foreign entities; and

added “(D) encryption for data processed, stored, or transmitted by cloud service providers.

added “(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:

added “(1) The costs incurred by agencies and cloud service providers relating to the issuance of FedRAMP authorizations.

added “(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.

added “(3) How often and for which categories of products and services agencies use FedRAMP authorizations.

added “(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.

added “3616. Federal Secure Cloud Advisory Committee

added “(a) Establishment, purposes, and duties

added “(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.

added “(2) Purposes—The purposes of the Committee are the following:

added “(A) To examine the operations of FedRAMP and determine ways that authorization processes can continuously be improved, including the following:

added “(i) Measures to increase agency reuse of FedRAMP authorizations.

added “(ii) Proposed actions that can be adopted to reduce the burden, confusion, and cost associated with FedRAMP authorizations for cloud service providers.

added “(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)).

added “(iv) Proposed actions that can be adopted to reduce the burden and cost of FedRAMP authorizations for agencies.

added “(B) Collect information and feedback on agency compliance with and implementation of FedRAMP requirements.

added “(C) Serve as a forum that facilitates communication and collaboration among the FedRAMP stakeholder community.

added “(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.

added “(b) Members

added “(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:

added “(A) The Administrator or the Administrator’s designee, who shall be the Chair of the Committee.

added “(B) At least 1 representative each from the Cybersecurity and Infrastructure Security Agency and the National Institute of Standards and Technology.

added “(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.

added “(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.

added “(E) At least 1 individual representing an independent assessment service.

added “(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))).

added “(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.

added “(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.

added “(3) Period of appointment; vacancies

added “(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.

added “(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.

added “(c) Meetings and rules of procedures

added “(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.

added “(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.

added “(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.

added “(d) Employee status

added “(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.

added “(2) Pay not permitted—A member of the Committee covered by paragraph (1) may not receive pay by reason of service on the Committee.

added “(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.

added “(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.

added “(g) Postal services—The Committee may use the United States mails in the same manner and under the same conditions as agencies.

added “(h) Reports

added “(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.

added “(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)

added 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:

(d)

added Sunset—

(1)

added 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)

added 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)

added 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

added

added Section 1115 of title 31, United States Code, is amended—

(1)

added by amending subsection (b)(5) to read as follows:

added “(5) provide a description of how the performance goals are to be achieved, including—

added “(A) the human capital, training, data and evidence, information technology, and skill sets required to meet the performance goals;

added “(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;

added “(C) clearly defined milestones;

added “(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;

added “(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

added “(F) an identification of the agency officials responsible for the achievement of each performance goal, who shall be known as goal leaders;”

(2)

added by amending subsection (g) to read as follows:

added “(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

added

added The Victims of Child Abuse Act of 1990 (34 U.S.C. 20301 et seq.) is amended—

(1)

added in section 211 (34 U.S.C. 20301)—

(A)

added in paragraph (1)—

(i)

added by striking “3,300,000” and inserting “3,400,000”; and

(ii)

added by striking “, and drug abuse is associated with a significant portion of these”;

(B)

added by redesignating paragraphs (3) through (8) as paragraphs (4) through (9), respectively;

(C)

added by inserting afer paragraph (2) the following:

added “(3) a key to a child victim healing from abuse is access to supportive and healthy families and communities;”

(D)

added in paragraph (9)(B), as so redesignated, by inserting “, and operations of centers” before the period at the end;

(2)

added in section 212 (34 U.S.C. 20302)—

(A)

added in paragraph (5), by inserting “coordinated team” before “response”; and

(B)

added in paragraph (8), by inserting “organizational capacity” before “support”;

(3)

added in section 213 (34 U.S.C. 20303)—

(A)

added in subsection (a)—

(i)

added in the heading, by inserting “and maintenance” after “Establishment”;

(ii)

added in the matter preceding paragraph (1)—

(I)

added by striking “, in coordination with the Director of the Office of Victims of Crime,”; and

(II)

added by inserting “and maintain” after “establish”;

(iii)

added in paragraph (3)—

(I)

added by striking “and victim advocates” and inserting “victim advocates, multidisciplinary team leadership, and children’s advocacy center staff”; and

(II)

added by striking “and” at the end;

(iv)

added by redesignating paragraph (4) as paragraph (5);

(v)

added by inserting after paragraph (3) the following:

added “(4) provide technical assistance, training, coordination, and organizational capacity support for State chapters; and”

(vi)

added in paragraph (5), as so redesignated, by striking “and oversight to” and inserting “organizational capacity support, and oversight of”;

(B)

added in subsection (b)—

(i)

added in paragraph (1)—

(I)

added in subparagraph (A), by inserting “and maintain” after “establish”; and

(II)

added 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)

added in paragraph (2)—

(I)

added in subparagraph (A)—

(aa)

added in clause (ii), by inserting “Center” after “Advocacy”; and

(bb)

added in clause (iii), by striking “of, assessment of, and intervention in” and inserting “and intervention in child”; and

(II)

added in subparagraph (B), by striking “centers and interested communities” and inserting “centers, interested communities, and chapters”; and

(C)

added in subsection (c)—

(i)

added in paragraph (2)—

(I)

added in subparagraph (B), by striking “evaluation, intervention, evidence gathering, and counseling” and inserting “investigation and intervention in child abuse”; and

(II)

added in subparagraph (E), by striking “judicial handling of child abuse and neglect” and inserting “multidisciplinary response to child abuse”;

(ii)

added 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)

added in paragraph (4)(B)—

(I)

added in clause (iii), by striking “and” at the end;

(II)

added in by redesignating clause (iv) as clause (v); and

(III)

added by inserting after clause (iii) the following:

added “(iv) best result in supporting chapters in each State; and”

(iv)

added in paragraph (6), by inserting “under this Act” after “recipients”;

(4)

added in section 214 (34 U.S.C. 20304)—

(A)

added by striking subsection (a) and inserting the following:

added “(a) In general—The Administrator shall make grants to—

added “(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;

added “(2) develop, enhance, and coordinate multidisciplinary child abuse investigations, intervention, and prosecution activities;

added “(3) promote the effective delivery of the evidence-based, trauma-informed Children's Advocacy Center Model and the multidisciplinary response to child abuse; and

added “(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)

added in subsection (b), by striking “, in coordination with the Director of the Office of Victims of Crime,”;

(C)

added in subsection (c)(2)—

(i)

added in subparagraph (C), by inserting “to the greatest extent practicable, but in no case later than 72 hours,” after “hours”; and

(ii)

added by striking subparagraphs (D) through (I) and inserting the following:

added “(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.

added “(E) Provision of needed follow up services such as medical care, mental healthcare, and victims advocacy services.

added “(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.

added “(G) Coordination of each step of the investigation process to eliminate duplicative forensic interviews with a child victim.

added “(H) Designation of a director for the children's advocacy center.

added “(I) Designation of a multidisciplinary team coordinator.

added “(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.

added “(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.

added “(L) Such other criteria as the Administrator shall establish by regulation.”

(D)

added by striking subsection (f) and inserting the following:

added “(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)

added in section 214A (34 U.S.C. 20305)—

(A)

added in subsection (a)—

(i)

added in paragraph (1), by striking “attorneys and other allied” and inserting “prosecutors and other attorneys and allied”; and

(ii)

added in paragraph (2)(B), by inserting “Center” after “Advocacy”; and

(B)

added in subsection (b)(1), by striking subparagraph (A) and inserting the following:

added “(A) a significant connection to prosecutors who handle child abuse cases in State courts, such as a membership organization or support service providers; and”

(6)

added by striking section 214B (34 U.S.C. 20306) and inserting the following:

added “214B. Authorization of appropriations

added “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

added

(a)

added 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)

added Elements— The report required by subsection (a) shall include the following elements:

(1)

added The projected increase in malnutrition in Lebanon.

(2)

added The estimated increase in the number of food insecure individuals in Lebanon.

(3)

added The estimated number of individuals who will be faced with acute malnutrition due to food price inflation in Lebanon.

(4)

added Actions the United States Government is taking to address the aforementioned impacts.

(5)

added Any cooperation between the United States Government with allies and partners to address the aforementioned impacts.

(6)

added The potential impact of food insecurity on Department of Defense goals and objectives in Lebanon.

(c)

added Appropriate congressional committees— In this section, the term “appropriate congressional committees” means—

(1)

added the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and

(2)

added 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

added

(a)

added Designation— The Healing Garden located at 6900 Delta Drive, El Paso, Texas, is designated as the “El Paso Community Healing Garden National Memorial”.

(b)

added 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

added

added The Administrator of General Services shall—

(1)

added 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)

added 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

added

(a)

added 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)

added Elements— The report required by subsection (a) shall include the following for each person removed:

(1)

added the individual’s name;

(2)

added the individual’s address;

(3)

added the individual’s contact information;

(4)

added any known U.S. citizen family members in the U.S.;

(5)

added where the individual was removed to; and

(6)

added the reason for removal.

(c)

added 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)

added 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

added

added 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)

added 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)

added as a condition of employment, promotion, compensation, benefits, or change in employment status or contractual relationship; or

(B)

added as a term, condition, or privilege of employment; or

(2)

added 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

added

(a)

added Officer for Civil Rights and Civil Liberties—

(1)

added In general— Section 705 of the Homeland Security Act of 2002 (6 U.S.C. 345) is amended—

(A)

added in the section heading, by striking “Establishment of”; and

(B)

added by striking subsections (a) and (b) and inserting the following new subsections:

added “(a) Establishment

added “(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.

added “(2) Duties—The Secretary and the head of each component shall—

added “(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—

added “(i) have the information, materials, and resources necessary to carry out the functions of the Office;

added “(ii) are consulted in advance of new or proposed changes to policies, programs, initiatives, and activities impacting civil rights and civil liberties; and

added “(iii) are given full and complete access to all materials and personnel necessary to carry out the functions of the Office; and

added “(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.

added “(b) Responsibilities—The Officer shall carry out the following responsibilities:

added “(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.

added “(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.

added “(3) Integrate civil rights and civil liberties protections into all policies, programs, initiatives, and activities of the Department.

added “(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.

added “(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.

added “(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.

added “(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.

added “(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.

added “(9) Coordinate with the Privacy Officer to ensure that—

added “(A) policies, programs, initiatives, and activities involving civil rights, civil liberties, and privacy considerations are addressed in an integrated and comprehensive manner; and

added “(B) Congress receives appropriate reports regarding such policies, programs, initiatives, and activities.

added “(10) Lead the equal employment opportunity programs of the Department, including complaint management and adjudication, workforce diversity, and promotion of the merit system principles.

added “(11) Make publicly available through accessible communications channels, including the website of the Department—

added “(A) information on the responsibilities and functions of, and how to contact, the Office;

added “(B) summaries of the investigations carried out pursuant to paragraphs (7) and (8) that result in recommendations; and

added “(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.

added “(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—

added “(A) informing such individuals, stakeholders, and communities concerning such policies, programs, initiatives, and activities;

added “(B) providing information for how to report and access redress processes; and

added “(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.

added “(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.

added “(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.

added “(c) Authority to investigate

added “(1) In general—For the purposes of subsection (b), the Officer shall—

added “(A) have access to all materials and personnel necessary to carry out the functions of the Office under this subsection;

added “(B) make such investigations and reports relating to the administration of the programs and operations of the Department as are necessary or appropriate; and

added “(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.

added “(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.

added “(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—

added “(1) provide to the individual who made the complaint notice of the receipt of such complaint within 30 days of receiving the complaint; and

added “(2) inform the complainant of the determination of the Office regarding—

added “(A) the initiation of a review, assessment, or investigation by the Office;

added “(B) a referral to the Inspector General of the Department; or

added “(C) any other action taken.

added “(e) Coordination with Inspector General

added “(1) In general

added “(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.

added “(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—

added “(i) make a determination regarding whether the Inspector General intends to initiate an investigation of such matter; and

added “(ii) notify the Officer of such determination.

added “(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.

added “(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.

added “(f) Recommendations; response

added “(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—

added “(A) includes the final findings and recommendations of the Officer;

added “(B) is made publicly available in summary form;

added “(C) does not include any personally identifiable information; and

added “(D) may include a classified annex.

added “(2) Transmission—The Officer shall transmit to the Secretary and the head of the relevant component a copy of each report under paragraph (1).

added “(3) Response

added “(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.

added “(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.

added “(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.

added “(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—

added “(i) accept the Officer’s recommendation, which recommendation shall be deemed the accepted recommendation of the Department; or

added “(ii) accept the nonconcurrence of the head of the component at issue if transmitted in accordance with subparagraph (A).

added “(g) Reporting

added “(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—

added “(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));

added “(B) the accepted recommendations of the Department, if any; and

added “(C) a summary of investigations that result in final recommendations that are issued by the Officer.

added “(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.

added “(h) Component civil rights and civil liberties officers

added “(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.

added “(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.

added “(3) Responsibilities—Each Officer for Civil Rights and Civil Liberties of each component—

added “(A) shall have access in a timely manner to the information, materials, and information necessary to carry out the functions of such officer;

added “(B) shall be consulted in advance of new or proposed changes to component policies, programs, initiatives, and activities impacting civil rights and civil liberties;

added “(C) shall be given full and complete access to all component materials and component personnel necessary to carry out the functions of such officer;

added “(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

added “(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.

added “(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:

added “(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.

added “(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).

added “(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.

added “(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.

added “(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.

added “(6) Information on total staffing for the Office, including—

added “(A) the number of full-time, part-time, and contract support personnel; and

added “(B) information on the number of employees whose primary responsibilities include supporting the Officer in carrying out paragraph (10) of subsection (b).

added “(7) If required, a classified annex.

added “(j) Definition—In this section, the term “component” means any operational component, non-operational component, directorate, or office of the Department.”

(2)

added 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:

(3)

added 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)

added 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

added

added Section 6502 of the National Defense Authorization Act for Fiscal Year 2022 (135 Stat. 2422) is amended—

(1)

added in subsection (a)—

(A)

added by amendment paragraph (4) to read as follows:

added “(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.”

(B)

added by striking paragraphs (7) and (8);

(2)

added in subsection (b)—

(A)

added by amending the heading to read as follows: “Reports”; and

(B)

added in paragraph (1), in the matter preceding subparagraph (A)—

(i)

added by inserting “authorized under section 551 of the Foreign Assistance Act of 1961 (22 U.S.C. 2348) and” after “security assistance”; and

(ii)

added by striking “foreign countries” and all that follows through the colon and inserting “foreign countries for any of the following purposes:”;

(3)

added by redesignating subsection (c) as subsection (d); and

(4)

added by inserting after subsection (b), as amended, the following:

added “(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

added

added 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)

added 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)

added analyzes the impact of such shutdowns on global security and the human rights of those affected; and

(3)

added contains a strategy for engaging with the international community to respond to such shutdowns.

Sec. 5922 Survivors’ bill of rights

added

(a)

added 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)

added 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)

added 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)

added 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

added

(a)

added 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)

added 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)

added is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for lawful permanent residence.

(b)

added Aliens described— An alien is described in this subsection if—

(1)

added the alien—

(A)

added is employed by a United States employer and engaged in work to promote and protect the National Security Innovation Base;

(B)

added 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)

added 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)

added 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.

(c)

added Numerical limitations—

(1)

added In general— The total number of principal aliens who may be provided special immigrant status under this section may not exceed—

(A)

added 10 in each of fiscal years 2023 through 2032; and

(B)

added 100 in fiscal year 2033 and each fiscal year thereafter.

(2)

added 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)

added 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)

added 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)

added 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)

added processing of petitions for classification submitted under subsection (a)(1) and applications for an immigrant visa or adjustment of status, as applicable; and

(2)

added thorough processing of any required security clearances.

(g)

added Fees— The Secretary of Homeland Security shall establish a fee—

(1)

added to be charged and collected to process an application filed under this section; and

(2)

added 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)

added 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)

added a plan for implementing the authorities provided under this section; and

(2)

added identification of any additional authorities that may be required to assist the Secretaries in fully implementing section.

(i)

added Program evaluation and report—

(1)

added 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)

added 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)

added Definitions— In this section:

(1)

added The term appropriate congressional committees means—

(A)

added the Committee on Armed Services and the Committee on the Judiciary of the House of Representatives; and

(B)

added the Committee on Armed Services and the Committee on the Judiciary of the Senate.

(2)

added 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

added

(a)

added 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)

added by striking “The Federal share” and inserting the following:

added “(A) In general—Except as provided in subparagraph (B), the Federal share”

(2)

added by adding at the end the following:

added “(B) Small, rural, and disadvantaged communities

added “(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.

added “(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)

added 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)

added 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

added

added 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

added

added For purposes of this subtitle—

(1)

added the term “adjusted basic pay” means—

(A)

added the rate of pay fixed by law or administrative action for the position held by a covered employee before any deductions; and

(B)

added 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)

added the term “Administrator” means the Administrator of the Transportation Security Administration;

(3)

added 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)

added 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)

added the term “conversion date” means the date as of which subparagraphs (A) through (F) of section 5933(c)(1) take effect;

(6)

added the term “covered employee” means an employee who holds a covered position;

(7)

added the term “covered position” means a position within the Transportation Security Administration;

(8)

added 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)

added the term “employee” has the meaning given such term by section 2105 of title 5, United States Code;

(10)

added the term “Secretary” means the Secretary of Homeland Security;

(11)

added the term “TSA personnel management system” means any personnel management system established or modified under—

(A)

added section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note); or

(B)

added section 114(n) of title 49, United States Code;

(12)

added the term “TSA” means the Transportation Security Administration; and

(13)

added 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

added

(a)

added Restrictions on certain personnel authorities—

(1)

added 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)

added 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)

added 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)

added 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)

added Exceptions—

(A)

added 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)

added Additional policy— Notwithstanding paragraph (1)(B), new TSA personnel management policy may be issued if—

(i)

added 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)

added the Secretary provides such policy, with an explanation of its necessity, to the appropriate congressional committees not later than 7 days of issuance.

(C)

added 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)

added 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.

(c)

added Transition to title 5—

(1)

added 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)

added the TSA personnel management system shall cease to be in effect;

(B)

added section 114(n) of title 49, United States Code, is repealed;

(C)

added section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note) is repealed;

(D)

added any TSA personnel management policy, letter, guideline, and directive, including the 2019 Determination, shall cease to be effective;

(E)

added 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)

added covered employees and covered positions shall be subject to the provisions of title 5, United States Code.

(2)

added Chapters 71 and 77 of title 5— Not later than 90 days after the date of enactment of this Act—

(A)

added 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)

added 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)

added 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)

added 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)

added 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)

added Safeguards on grievances and appeals—

(1)

added 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)

added 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)

added 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

added

(a)

added 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)

added 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)

added 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)

added 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)

added 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)

added Preservation of law enforcement availability pay and overtime pay rates for federal air marshals—

(1)

added Leap— Section 5545a of title 5, United States Code, is amended by adding at the end the following:

added “(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)

added Overtime— Section 5542 of such title is amended by adding at the end the following:

added “(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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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

added

(a)

added Exclusive representative—

(1)

added In general—

(A)

added 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)

added 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)

added 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)

added 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)

added 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)

added the anticipated conversion date; and

(2)

added measures to ensure compliance with sections 5933 and 5934.

(c)

added 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

added

added Nothing in this subtitle may be considered—

(1)

added to repeal or otherwise affect—

(A)

added section 1918 of title 18, United States Code (relating to disloyalty and asserting the right to strike against the Government); or

(B)

added section 7311 of title 5, United States Code (relating to loyalty and striking); or

(2)

added 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

added

added 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

added

(a)

added 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)

added 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)

added 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)

added 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

added

added It is the sense of Congress that—

(1)

added 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)

added 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

added

added 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)

added Mental health.

(2)

added Suicide rates.

(3)

added Morale and recruitment.

(4)

added Equipment and training.

(5)

added Work schedules and shifts, including mandated periods of rest.

(6)

added Any other personnel issues the Administrator determines appropriate.

Sec. 5941 Prevention and protection against certain illness

added

added 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

added

added 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

added

added 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

added

added 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)

added 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)

added 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)

added the estimated costs of providing such benefits.

Sec. 5945 Briefing on assaults and threats on tsa employees

added

added 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)

added 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)

added Procedures for reporting such assaults and threats, including information on how the Administrator communicates the availability of such procedures.

(3)

added Any steps taken by TSA to prevent and respond to such assaults and threats.

(4)

added Any related civil actions and criminal referrals made annually since January 1, 2019.

(5)

added Any additional authorities needed by the Administrator to better prevent or respond to such assaults and threats.

Sec. 5946 Annual reports on TSA workforce

added

added 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)

added An analysis of the Office of Personnel Management’s Federal Employee Viewpoint Survey (FEVS) to determine job satisfaction rates of covered employees.

(2)

added 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)

added Information relating to actions taken by the TSA intended to improve workforce morale and retention.

Sec. 6001 Short title

added

added This title may be cited as the “Taiwan Peace and Stability Act”.

Sec. 6002 Findings and statement of policy

added

(a)

added Findings— Congress makes the following findings:

(1)

added 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)

added 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)

added 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)

added Statement of policy— It is the policy of the United States to—

(1)

added 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)

added 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

added

added In this title—

(1)

added the term appropriate congressional committees means—

(A)

added the Committee on Foreign Affairs of the House of Representatives; and

(B)

added the Committee on Foreign Relations of the Senate;

(2)

added 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)

added the term ‘One-China Principle’ means the PRC’s policy toward Taiwan;

(4)

added 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)

added the term “potential PLA campaigns” means—

(A)

added a naval blockade of Taiwan;

(B)

added an amphibious assault and ground invasion of Taiwan, especially such invasion designed to accomplish a fiat accompli before intervention is possible; and

(C)

added a seizure of one or more of Taiwan’s outlying islands.

Sec. 6011 Findings

added

added Congress makes the following findings:

(1)

added 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)

added 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)

added 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)

added 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)

added 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

added

added It is the sense of Congress that—

(1)

added 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)

added multiple United States Government administrations of both political parties have taken important steps to advance Taiwan’s meaningful participation in international organizations;

(3)

added 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)

added nonetheless, significant structural, policy, and legal barriers remain to advancing Taiwan’s meaningful participation in the international community; and

(5)

added 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

added

(a)

added 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)

added to advance Taiwan’s meaningful participation in a prioritized set of international organizations (IOs); and

(2)

added 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)

added Matters To be included—

(1)

added In general— The strategy required in paragraph (a) shall include:

(A)

added 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)

added 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)

added 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)

added 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)

added participation rules;

(iii)

added processes for developing membership requirements and participation rules;

(iv)

added policies of current members regarding Taiwan’s political status; and

(v)

added relative reliance on contributions from the PRC and how it may affect internal decision making.

(D)

added 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)

added 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)

added 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)

added A description of the diplomatic strategies and the coalitions the U.S. Government plans to develop to implement paragraph (b)(1)(F).

(c)

added 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)

added Consultation— The Secretary of State or his or her designee, shall consult with the appropriate congressional committees—

(1)

added 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)

added 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

added

(a)

added 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)

added Matters To be included— The report required by subsection (a) shall include:

(1)

added 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)

added 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)

added 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)

added opportunities collaboration has offered to expand USAID’s and DFC’s ability to deliver assistance into a wider range communities;

(B)

added 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)

added 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)

added 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)

added availability of personnel at the American Institute in Taiwan (AIT) responsible for coordinating development assistance cooperation;

(B)

added volume of current cooperation initiatives and barriers to expanding it;

(C)

added diplomatic, policy, or legal barriers facing the United States or other partners to including Taiwan in formal and informal multilateral development cooperation mechanisms;

(D)

added resource or capacity barriers to expanding cooperation facing the United States or Taiwan; and

(E)

added geopolitical barriers that complicate U.S.-Taiwan cooperation in third countries.

(5)

added Recommendations to address the challenges identified in paragraph (b)(4).

(6)

added A description of any additional resources or authorities that expanding cooperation might require.

(c)

added 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

added

added It is the sense of the Congress that—

(1)

added 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)

added 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)

added 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

added

added It is the sense of Congress that—

(1)

added 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)

added 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)

added 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)

added 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

added

(a)

added 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)

added Matters To be included— The strategy shall include:

(1)

added 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)

added 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)

added 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)

added Expanding coordination of public or private messaging on deterrence vis-à-vis Taiwan.

(B)

added Coordinating use of economic tools to raise the costs of PRC military action that could precipitate a cross-Strait conflict.

(C)

added 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)

added 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)

added A description of any additional resources or authorities needed to implement the recommendations identified in paragraph (5).

(c)

added 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)

added 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

added

(a)

added 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)

added Matters To be included— The report shall include the following:

(1)

added 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)

added opportunities through U.S. Department of State-supported programs, such as the International Visitor Leaders Program; and

(B)

added opportunities offered through non-governmental institutions, such as think tanks, to the extent the review can practicably make such an assessment.

(2)

added A description of the frequency that civilian defense professionals from Taiwan pursue or are selected for the programs reviewed in paragraph (1).

(3)

added 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)

added 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)

added 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)

added A description of additional resources and authorities that may be required to execute the options in paragraph (5).

(c)

added 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

added

added This title may be cited as the “Libya Stabilization Act”.

Sec. 6102 Statement of policy

added

added It is the policy of the United States—

(1)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added taking action to end the violence and flow of arms;

(B)

added rejecting attempts by any party to illicitly export Libya’s oil; and

(C)

added urging the withdrawal of foreign military and mercenary forces;

(7)

added 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)

added to support political dialogue among Libyans and advance an inclusive Libyan-led and Libyan-owned political process;

(9)

added to support the nearly 2.8 million Libyans who registered to vote;

(10)

added 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)

added 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)

added 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)

added to advocate for the immediate release and safe evacuations of detained refugees and migrants trapped by the fighting in Libya;

(14)

added to encourage implementation of UNSMIL’s plan for the organized and gradual closure of migrant detention centers in Libya;

(15)

added to support greater defense institutional capacity building after a comprehensive political settlement;

(16)

added to discourage all parties from heightening tensions in Libya and its environs, through unhelpful and provocative actions.

(17)

added 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)

added 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

added

(a)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added an analysis of whether the actions by the governments described in paragraph (1)—

(A)

added violate the arms embargo on Libya established under United Nations Security Council Resolution 1970 (2011) as reaffirmed by subsequent Security Council resolutions;

(B)

added may contribute to violations of international humanitarian law; or

(C)

added involve weapons of United States origin or were in violation of United States end user agreements;

(3)

added 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)

added 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)

added 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)

added 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)

added 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)

added a description of any violations of the arms embargo by European Union member states; and

(9)

added 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)

added Form— The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex.

(c)

added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—

(1)

added the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and

(2)

added the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate.

Sec. 6112 Report of Russian activities and objectives in Libya

added

(a)

added 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)

added an assessment of Russian influence and objectives in Libya;

(2)

added the potential threat such activities pose to the United States, southern Europe, NATO, and partners in the Mediterranean Sea and North African region;

(3)

added the direct role of Russia in Libyan financial affairs, to include issuing and printing currency;

(4)

added Russia’s use of mercenaries, military contractors, equipment, and paramilitary forces in Libya;

(5)

added 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)

added 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)

added 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

added

added 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)

added section 7412 of the Caesar Syria Civilian Protection Act of 2019 (22 U.S.C. 8791 note; 133 Stat. 2292); or

(2)

added 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

added

(a)

added 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)

added 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)

added in Libya in a military or commercial capacity as a military contractor, mercenary, or part of a paramilitary force; and

(2)

added 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

added

(a)

added 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)

added 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)

added 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)

added 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)

added 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)

added engaged in significant actions that may lead to or result in the misappropriation of significant state assets of Libya;

(D)

added 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)

added significantly threatening or coercing Libyan state financial institutions or disrupting the operations of the Libyan National Oil Company; or

(F)

added significantly responsible for actions or policies that are intended to undermine efforts to maintain peace and promote stabilization and economic recovery in Libya;

(2)

added 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)

added Updates of list— The President shall submit to the appropriate congressional committees an updated list under subsection (b)—

(1)

added 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)

added as new information becomes available.

(d)

added Form— The list required by subsection (b) shall be submitted in unclassified form, but may include a classified annex.

(e)

added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—

(1)

added the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and

(2)

added 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

added

(a)

added 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)

added List of persons—

(1)

added 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)

added Updates of list— The President shall submit to the appropriate congressional committees an updated list under paragraph (1)—

(A)

added 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)

added as new information becomes available.

(3)

added Form— The list required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

(c)

added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—

(1)

added the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and

(2)

added the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate.

Sec. 6124 Sanctions described

added

(a)

added Sanctions described— The sanctions described in this section are the following:

(1)

added 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)

added Inadmissibility of certain individuals—

(A)

added 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)

added inadmissible to the United States;

(ii)

added ineligible to receive a visa or other documentation to enter the United States; and

(iii)

added 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)

added 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)

added 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)

added A revocation under clause (i) shall—

(I)

added take effect immediately in accordance with section 221(i) of the Immigration and Nationality Act, (8 U.S.C. 1201(i)); and

(II)

added cancel any other valid visa or entry documentation that is in the foreign person’s possession.

(b)

added 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)

added 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)

added Exception to comply with national security— The following activities shall be exempt from sanctions under this section:

(1)

added Activities subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.).

(2)

added Any authorized intelligence or law enforcement activities of the United States.

Sec. 6125 Waiver

added

(a)

added 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)

added determines and reports to Congress that such a waiver is in the national security interest of the United States; and

(2)

added thereafter submits to the appropriate congressional committees a justification for such waiver.

(b)

added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—

(1)

added the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and

(2)

added the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate.

Sec. 6126 Implementation and regulatory authority

added

added The President—

(1)

added 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)

added shall issue such regulations, licenses, and orders as are necessary to carry out this title.

Sec. 6127 Exception relating to importation of goods

added

(a)

added 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)

added 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

added

added In this subtitle:

(1)

added 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)

added Foreign person— The term “foreign person” means an individual or entity who is not a United States person.

(3)

added Foreign government— The term “foreign government” means any government of a country other than the United States.

(4)

added 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)

added United states person— The term “United States person” means—

(A)

added an individual who is a United States citizen or an alien lawfully admitted for permanent residence to the United States;

(B)

added an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or

(C)

added any person in the United States.

(6)

added 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

added

(a)

added 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)

added 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)

added 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

added

added 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

added

(a)

added Sense of congress— It is the sense of Congress that—

(1)

added the United States Government should, including in alignment with Libya’s status inclusion in the U.S. Global Fragility Act Strategy—

(A)

added continue senior-level efforts to address humanitarian needs in Libya, which has been exacerbated by conflict and the COVID-19 pandemic;

(B)

added engage diplomatically with Libyan entities to guarantee constant, reliable humanitarian access by frontline providers in Libya;

(C)

added 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)

added 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)

added 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)

added 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)

added 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)

added services, such as medicines and medical supplies and equipment;

(3)

added assistance to provide—

(A)

added protection, food, and shelter, including to migrant communities;

(B)

added water, sanitation, and hygiene (commonly referred to as “WASH”); and

(C)

added resources and training to increase communications and education to help communities slow the spread of COVID-19 and to increase vaccine acceptance; and

(4)

added technical assistance to ensure health, food, and commodities are appropriately selected, procured, targeted, monitored, and distributed.

(c)

added 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)

added How the United States, working with relevant foreign governments and multilateral organizations, plans to address the humanitarian situation in Libya.

(2)

added 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)

added 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)

added How the United States is mitigating risk, utilizing third party monitors, and ensuring effective delivery of assistance.

(5)

added How to address the tragic and persistent deaths of migrants and refugees at sea and human trafficking.

(d)

added Integration of department of state-led stabilization efforts—

(1)

added 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)

added 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)

added 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)

added 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)

added to address—

(i)

added 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)

added 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)

added 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)

added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—

(1)

added the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and

(2)

added the Committee on Foreign Relations and the Committee on Appropriations of the Senate.

Sec. 6132 Support for democratic governance, elections, and civil society

added

(a)

added In general— The Secretary of State should coordinate United States Government efforts to—

(1)

added 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)

added support efforts to resolve the current civil conflict in Libya;

(3)

added work to help the people of Libya and a future Libyan government develop functioning, unified Libyan economic, security, and governing institutions;

(4)

added 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)

added 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)

added defend against gross violations of internationally recognized human rights in Libya, including by supporting efforts to document such violations;

(7)

added to combat corruption and improve the transparency and accountability of Libyan government institutions; and

(8)

added to support the efforts of independent media outlets to broadcast, distribute, and share information with the Libyan people.

(b)

added 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.

(c)

added Report—

(1)

added 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)

added Appropriate congressional committees defined— In this subsection, the term “appropriate congressional committees” means—

(A)

added the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Appropriations of the House of Representatives; and

(B)

added the Committee on Foreign Relations and the Committee on Appropriations of the Senate.

(d)

added Authorization of appropriations—

(1)

added In general— There are authorized to be appropriated $30,000,000 for fiscal year 2022 to carry out subsection (a).

(2)

added Notification requirements— Any expenditure of amounts made available to carry out subsection (a) shall be subject to the notification requirements applicable to—

(A)

added 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)

added 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

added

(a)

added 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)

added 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)

added 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)

added To improve the accountability and effectiveness of Libyan authorities, including sovereign economic institutions, in providing services and opportunity to the Libyan people.

(3)

added 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)

added 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)

added To promote the development of private sector enterprise.

(6)

added To improve the transparency and accountability of public sector employment and wage distribution.

(7)

added To strengthen supervision of and reform of Libyan financial institutions.

(8)

added To eliminate exploitation of price controls and market distorting subsidies in the Libyan economy.

(9)

added To support opportunities for United States businesses.

(c)

added 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)

added 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)

added Termination— The requirements of this section shall cease to be effective on December 31, 2026.

Sec. 6134 Recovering assets stolen from the Libyan people

added

(a)

added 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)

added 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)

added to work with foreign governments—

(A)

added to share financial investigations intelligence, as appropriate;

(B)

added to oversee the assets identified pursuant to paragraph (1); and

(C)

added to provide technical assistance to help governments establish the necessary legal framework to carry out asset forfeitures.

(b)

added Additional elements— The coordinated international effort described in subsection (a) should include input from—

(1)

added the Office of Terrorist Financing and Financial Crimes of the Department of the Treasury;

(2)

added the Financial Crimes Enforcement Network of the Department of the Treasury; and

(3)

added the Money Laundering and Asset Recovery Section of the Department of Justice.

Sec. 6135 Authority to expand educational and cultural exchange programs with Libya

added

(a)

added 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)

added Authority— The President is authorized to expand educational and cultural exchange programs with Libya, including programs carried out under the following:

(1)

added 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)

added The International Visitors Program referred to in paragraph (3) of such section.

(3)

added The U.S.–Middle East Partnership Initiative (MEPI) Student Leaders Program.

(4)

added The Youth Exchange and Study Program.

(5)

added Other related programs administered by the Department of State.

Sec. 6251 Short title

added

added 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

added

(a)

added 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)

added 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”.

(c)

added Appointment of commissioned officers—

(1)

added Section 7(a) of such Act (sec. 49–301(a), D.C. Official Code) is amended—

(A)

added by striking “President of the United States” and inserting “Mayor of the District of Columbia”; and

(B)

added by striking “President.” and inserting “Mayor.”.

(2)

added 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)

added 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)

added Section 19 of such Act (sec. 49–311, D.C. Official Code) is amended—

(A)

added 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)

added 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)

added Section 20 of such Act (sec. 49–312, D.C. Official Code) is amended—

(A)

added by striking “President of the United States” each place it appears and inserting “Mayor of the District of Columbia”; and

(B)

added by striking “the President may retire” and inserting “the Mayor may retire”.

(d)

added Call for duty—

(1)

added 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)

added 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)

added 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

added

(a)

added 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)

added 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)

added 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)

added 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)

added Consent for active duty or relocation—

(1)

added Section 12301 of such title is amended—

(A)

added 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)

added 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)

added 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)

added 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

added

(a)

added 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)

added 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”.

(c)

added Additional assistance— Section 113 of such title is amended by adding at the end the following new subsection:

added “(e) Inclusion of District of Columbia—In this section, the term State includes the District of Columbia.”

(d)

added Appointment of Adjutant General— Section 314 of such title is amended—

(1)

added by striking subsection (b);

(2)

added by redesignating subsections (c) and (d) as subsections (b) and (c), respectively; and

(3)

added 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)

added 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)

added Authority To order To perform Active Guard and Reserve duty—

(1)

added 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)

added Clerical amendments—

(A)

added Section heading— The heading of such section is amended to read as follows:

added “328. Active Guard and Reserve duty: authority of chief executive”

(B)

added 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:

(g)

added 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)

added National Guard challenge program— Section 509 of such title is amended—

(1)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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

added

added 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

added

added In this title:

(1)

added Appropriate congressional committees— The term appropriate congressional committees means—

(A)

added the Committee on Foreign Relations of the Senate;

(B)

added the Committee on Appropriations of the Senate;

(C)

added the Committee on Foreign Affairs of the House of Representatives; and

(D)

added the Committee on Appropriations of the House of Representatives.

(2)

added Commercial trade in live wildlife— The term commercial trade in live wildlife—

(A)

added 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)

added does not include—

(i)

added fish;

(ii)

added invertebrates;

(iii)

added amphibians and reptiles; and

(iv)

added the meat of ruminant game species—

(I)

added 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)

added sold after being slaughtered and processed under sanitary conditions.

(3)

added 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)

added people, animals, both wild and domestic, and plants; and

(B)

added the environment shared by such people, animals, and plants.

(4)

added Wildlife market— The term wildlife market—

(A)

added means a commercial market or subsection of a commercial market—

(i)

added 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)

added that delivers a product in communities where alternative nutritional or protein sources are readily available and affordable; and

(B)

added does not include—

(i)

added 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)

added processors of dead wild game and fish.

Sec. 6302 Country-driven approach to end the commercial trade in live wildlife and associated wildlife markets

added

(a)

added 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)

added immediately;

(2)

added after a transitional period; and

(3)

added aspirationally, over a long-term period.

(b)

added 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)

added outline actions to address novel pathogens of zoonotic origin that have the potential to become epidemics or pandemics;

(2)

added identify incentives and strengthened policies; and

(3)

added provide technical support to communities, policy makers, civil society, law enforcement, and other stakeholders to—

(A)

added 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)

added improve the biosecurity and sanitation conditions in markets.

(c)

added 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

added

added 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)

added promote the paradigm of One Health as an effective and integrated way to address the complexity of emerging disease threats; and

(2)

added 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

added

added It is the policy of the United States to—

(1)

added 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)

added support foreign governments to—

(A)

added reduce commercial trade in live wildlife for human consumption;

(B)

added transition from the commercial trade in live wildlife for human consumption to sustainably produced alternate protein and nutritional sources;

(C)

added 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)

added strengthen veterinary and agricultural extension capacity to improve sanitation along the value chain and biosecurity of live animal markets; and

(E)

added strengthen public health capacity, particularly in countries where there is a high risk of emerging zoonotic viruses and other infectious diseases;

(3)

added respect the rights and needs of indigenous peoples and local communities dependent on such wildlife for nutritional needs and food security; and

(4)

added facilitate international cooperation by working with international partners through intergovernmental, international, and nongovernmental organizations such as the United Nations to—

(A)

added 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)

added 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)

added 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)

added 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

added

(a)

added 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)

added 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)

added through existing treaties, conventions, and agreements;

(B)

added by amending existing protocols or agreements;

(C)

added by pursuing new protocols; or

(D)

added by other means of international coordination;

(2)

added improve regulatory oversight and reduce commercial trade in live wildlife and eliminate practices identified to contribute to zoonotic spillover and emerging pathogens;

(3)

added prevent commercial trade in live wildlife through programs that combat wildlife trafficking and poaching, including—

(A)

added providing assistance to improve law enforcement;

(B)

added detecting and deterring the illegal import, transit, sale, and export of wildlife;

(C)

added strengthening such programs to assist countries through legal reform;

(D)

added improving information sharing and enhancing capabilities of participating foreign governments;

(E)

added supporting efforts to change behavior and reduce demand for such wildlife products;

(F)

added leveraging United States private sector technologies and expertise to scale and enhance enforcement responses to detect and prevent such trade; and

(G)

added strengthening collaboration with key private sector entities in the transportation industry to prevent and report the transport of such wildlife and wildlife products;

(4)

added 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)

added 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)

added 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)

added 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)

added conserve, protect, and restore the integrity of such ecosystems;

(B)

added 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;

(C)

added support the establishment and effective management of protected areas, prioritizing highly intact areas; and

(D)

added 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)

added 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)

added ensure that the rights of indigenous peoples and local communities are respected and their authority to exercise these rights is protected;

(10)

added 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)

added 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)

added Activities may include—

(1)

added 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)

added 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)

added urge increased enforcement of existing laws to end wildlife trafficking.

(2)

added 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)

added 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)

added 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)

added 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)

added Implementing risk reduction interventions and control options to address zoonotic spillover along the supply chain for the wildlife market system.

(E)

added 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.

(c)

added United States Agency for International Development—

(1)

added Sustainable food systems funding—

(A)

added 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)

added 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)

added 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)

added education;

(B)

added capacity building;

(C)

added 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)

added improved domestic and wild animal disease monitoring and control at production and market levels;

(E)

added development of alternative livelihood opportunities where possible;

(F)

added 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)

added minimizing interactions between domestic livestock and wild animals in markets and captive production;

(H)

added 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)

added 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)

added 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)

added conserve, protect, and restore the integrity of such ecosystems; and

(ii)

added 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)

added 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)

added other relevant activities described in this section that are within the mandate of the United States Agency for International Development.

(d)

added 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)

added to undertake programs aimed at reducing the risks of endemic and emerging infectious diseases and exposure to antimicrobial resistant pathogens;

(2)

added 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)

added to award funding to on-the-ground projects;

(4)

added to provide project oversight to ensure accountability and transparency in all phases of the award process; and

(5)

added to undertake additional activities under this title.

(e)

added Reporting requirements—

(1)

added Department of State and United States Agency for International Development—

(A)

added 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)

added describing—

(I)

added the actions taken pursuant to this title and the provision of United States technical assistance;

(II)

added the impact and effectiveness of international cooperation on shutting down wildlife markets;

(III)

added partnerships developed with other institutions of higher learning and nongovernmental organizations; and

(IV)

added 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)

added identifying—

(I)

added 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)

added 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)

added summarizing additional personnel hired with funding authorized under this title, including the number hired in each bureau.

(B)

added 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)

added 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

added

(a)

added 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)

added 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)

added 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)

added as a threatened species or an endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or

(B)

added 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)

added 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

added

added Nothing in this title shall restrict or otherwise prohibit—

(1)

added legal and regulated hunting, fishing, or trapping activities for subsistence, sport, or recreation; or

(2)

added 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

added

(a)

added 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)

added Exception— The restriction under subsection (a) shall not apply if the Secretary of State certifies to the appropriate congressional committees that—

(1)

added the government has adequately punished the persons directly or indirectly responsible for such acts through a credible, transparent, and effective judicial process;

(2)

added appropriate measures have been instituted to ensure that such acts will not recur; and

(3)

added 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

added

(a)

added In general— In considering the sale, export, or transfer of defense articles and defense services to foreign countries, the Secretary of State shall—

(1)

added 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)

added 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)

added 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

added

(a)

added 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)

added 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)

added a unit of the security forces of the government of such country—

(A)

added 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)

added 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)

added torture;

(ii)

added rape or sexual assault;

(iii)

added ethnic cleansing of civilians;

(iv)

added recruitment or use of child soldiers;

(v)

added unjust or wrongful detention;

(vi)

added the operation of, or effective control or direction over, secret detention facilities; or

(vii)

added extrajudicial killings or enforced disappearances, whether by military, police, or other security forces.

(b)

added 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)

added 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

added

(a)

added End use monitoring— Section 40A(a)(2)(B) of the Arms Export Control Act (22 U.S.C. 2785) is amended—

(1)

added in clause (i), by striking “; and” and inserting a semicolon;

(2)

added in clause (ii), by striking the period at the end and inserting “and;”; and

(3)

added by adding at the end the following new clause:

added “(iii) such articles and services are not being used to violate international humanitarian law or internationally recognized human rights.”

(b)

added 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

added

added In this title:

(1)

added The term appropriate congressional committees means—

(A)

added the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and

(B)

added the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.

(2)

added 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

added

added 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

added

added In this title:

(1)

added Burmese military— The term “Burmese military”—

(A)

added means the Armed Forces of Burma, including the army, navy, and air force; and

(B)

added includes security services under the control of the Armed Forces of Burma such as the police and border guards.

(2)

added 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)

added Murder.

(B)

added Forced transfer of population.

(C)

added Torture.

(D)

added Extermination.

(E)

added Enslavement.

(F)

added Rape, sexual slavery, or any other form of sexual violence of comparable severity.

(G)

added Enforced disappearance of persons.

(H)

added 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)

added Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law.

(3)

added 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)

added Genocide— The term “genocide” means any offense described in section 1091(a) of title 18, United States Code.

(5)

added 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)

added 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

added

added Congress makes the following findings:

(1)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added Since the coup on February 1, 2021, the Burmese military has—

(A)

added used lethal force on peaceful protestors on multiple occasions, killing more than 2,000 people, including more than 142 children;

(B)

added 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)

added 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)

added imposed restrictions on the internet and telecommunications.

(16)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added other corporate entities, Burmese military units, and Burmese military entities, including the military regime’s State Administrative Council.

(20)

added The United States has also implemented new restrictions on exports and reexports to Burma pursuant to Executive Order 14014; and

(21)

added 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)

added 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)

added 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

added

added It is the policy of the United States—

(1)

added to support genuine democracy, peace, and national reconciliation in Burma;

(2)

added 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)

added to seek the restoration to power of a civilian government that reflects the will of the people of Burma;

(4)

added to support constitutional reforms that ensure civilian governance and oversight over the military;

(5)

added 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)

added 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)

added to seek the unconditional release of all prisoners of conscience and political prisoners in Burma;

(8)

added to strengthen Burma’s civilian governmental institutions, including support for greater transparency and accountability once the military is no longer in power;

(9)

added to empower and resource local communities, civil society organizations, and independent media;

(10)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added to promote broad-based, inclusive economic development and fostering healthy and resilient communities;

(17)

added to combat corruption and illegal economic activity, including that which involves the military and its close allies; and

(18)

added to promote responsible international and regional engagement;

(19)

added 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)

added 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)

added 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

(C)

added state-owned economic enterprises if—

(i)

added there is a substantial risk of the Burmese military accessing the accounts of such an enterprise; and

(ii)

added 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)

added 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

added

added In this title:

(1)

added 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)

added Appropriate congressional committees— The term “appropriate congressional committees” means—

(A)

added the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and

(B)

added the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives.

(3)

added 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)

added 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)

added Foreign person— The term “foreign person” means a person that is not a United States person.

(6)

added 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)

added Person— The term “person” means an individual or entity.

(8)

added 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)

added United states person— The term “United States person” means—

(A)

added a United States citizen or an alien lawfully admitted to the United States for permanent residence;

(B)

added an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or

(C)

added any person in the United States.

Sec. 6522 Imposition of sanctions with respect to human rights abuses and perpetration of a coup in Burma

added

(a)

added 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)

added knowingly operates as a senior official or in a significant capacity in the defense sector of the Burmese economy;

(2)

added leading up to, during, and since the February 2021 coup is responsible for or has directly and knowingly engaged in—

(A)

added actions or policies that undermine democratic processes or institutions in Burma;

(B)

added actions or policies that threaten the peace, security, or stability of Burma;

(C)

added 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)

added the arbitrary detention or torture of any person in Burma or other serious human rights abuse in Burma;

(3)

added is a senior leader of—

(A)

added the Burmese military or security forces of Burma, or any successor entity to any of such forces;

(B)

added 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)

added an entity that has engaged in any activity described in paragraph (2) leading up to, during, and after the February 2021 coup;

(4)

added knowingly operates—

(A)

added 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)

added 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)

added 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)

added to be a spouse or adult child of any person described in any of paragraphs (1) through (5); or

(7)

added 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)

added 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)

added 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)

added Sanctions described— The sanctions that may be imposed with respect to a foreign person described in subsection (a) are the following:

(1)

added 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)

added 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)

added Visas, admission, or parole—

(A)

added 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)

added inadmissible to the United States;

(ii)

added ineligible for a visa or other documentation to enter the United States; and

(iii)

added 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)

added Current visas revoked—

(i)

added 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)

added Effect of revocation— A revocation under subclause (i)—

(I)

added shall take effect immediately; and

(II)

added shall automatically cancel any other valid visa or entry documentation that is in the alien’s possession.

(e)

added Exceptions—

(1)

added 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)

added 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)

added 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)

added the sale of agricultural commodities, food, medicine, or medical devices to Burma;

(B)

added the provision of humanitarian assistance to the people of Burma;

(C)

added financial transactions relating to humanitarian assistance or for humanitarian purposes in Burma; or

(D)

added transporting goods or services that are necessary to carry out operations relating to humanitarian assistance or humanitarian purposes in Burma.

(f)

added 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)

added Implementation; penalties—

(1)

added 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)

added 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)

added 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)

added 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)

added 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)

added makes recommendations for how the sources of income described in paragraph (2) can be reduced or blocked;

(4)

added 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)

added 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

added

(a)

added 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)

added 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)

added 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)

added terrorism or a terrorist organization;

(2)

added a significant foreign narcotics trafficker (as defined in section 808 of the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1907));

(3)

added a significant transnational criminal organization under Executive Order 13581 (50 U.S.C. note; relating to blocking property of transnational criminal organizations); or

(4)

added any other person on the SDN list.

(d)

added 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

added

(a)

added 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)

added 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.

(c)

added Duties and responsibilities— The Special Coordinator should, as appropriate, assist in—

(1)

added 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)

added 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)

added promoting a comprehensive international effort to impose and enforce multilateral sanctions with respect to Burma;

(4)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added providing timely input for reporting on the impacts of the implementation of section 6522 on the Burmese military and the people of Burma.

(d)

added 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

added

(a)

added Sense of Congress— It is the sense of Congress that—

(1)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added working to ensure the Burmese military is not recognized as the legitimate government of Burma in any United Nations body; and

(6)

added 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

added

(a)

added 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)

added 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)

added 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)

added the elected government has been reinstated or new free and fair elections have been held;

(3)

added all legal charges against those winning election in November 2020 are dropped; and

(4)

added 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

added

(a)

added 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)

added 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)

added supporting safe houses for those under threat of arbitrary arrest or detention;

(B)

added providing access to secure channels for communication;

(C)

added assisting individuals forced to flee from Burma and take shelter in neighboring countries, including in ensuring protection assistance and non-refoulement; and

(D)

added 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)

added supporting democracy activists in their efforts to promote freedom, democracy, and human rights in Burma, by—

(A)

added providing aid and training to democracy activists in Burma;

(B)

added providing aid to individuals and groups conducting democracy programming outside of Burma targeted at a peaceful transition to constitutional democracy inside Burma;

(C)

added providing aid and assistance to independent media outlets and journalists and groups working to protect internet freedom and maintain independent media;

(D)

added expanding radio and television broadcasting into Burma; and

(E)

added 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)

added assisting ethnic minority groups and civil society in Burma to further prospects for justice, reconciliation, and sustainable peace; and

(4)

added promoting ethnic minority inclusion and participation in political processes in Burma.

(b)

added 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

added

(a)

added 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)

added 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)

added 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)

added 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)

added support for—

(A)

added primary, secondary, and tertiary education for displaced children living in areas of Burma affected by conflict; and

(B)

added refugee camps in the surrounding region and opportunities to access to higher education in Bangladesh and Thailand;

(5)

added capacity-building support—

(A)

added to ensure that displaced individuals are consulted and participate in decision-making processes affecting the displaced individuals; and

(B)

added for the creation of mechanisms to facilitate the participation of displaced individuals in such processes; and

(6)

added increased humanitarian aid to Burma to address the dire humanitarian situation that has uprooted 170,000 people through—

(A)

added international aid partners;

(B)

added the International Committee of the Red Cross; and

(C)

added cross-border aid.

(b)

added 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

added

(a)

added Sense of congress— It is the sense of Congress that—

(1)

added 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)

added 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)

added 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)

added all prisoners of conscience and political prisoners in Burma should be unconditionally and immediately released;

(5)

added the Burmese military should immediately and unconditionally release Danny Fenster and other journalists unjustly detained for their work;

(6)

added 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)

added 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)

added 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)

added support for the documentation of human rights violations with respect to prisoners of conscience and political prisoners;

(2)

added support for advocacy in Burma to raise awareness of issues relating to prisoners of conscience and political prisoners;

(3)

added support for efforts to repeal or amend laws that are used to imprison individuals as prisoners of conscience or political prisoners;

(4)

added 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)

added 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)

added to review the cases of individuals who may have been charged or deprived of their liberty for peacefully exercising their human rights;

(B)

added to review all laws used to arrest, prosecute, and punish individuals as political prisoners and prisoners of conscience; and

(C)

added to provide recommendations to the Government of Burma for the repeal or amendment of all such laws.

(c)

added 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

added

(a)

added Statement of policy— It is the policy of the United States—

(1)

added 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)

added 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)

added 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)

added evaluates the persecution of Rohingya in Burma by the Burmese military;

(2)

added 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)

added 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)

added describes any potential transitional justice mechanisms for Burma;

(5)

added provides an analysis of whether the reports summarized under paragraph (3) amount to war crimes, crimes against humanity, or genocide;

(6)

added 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)

added 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.

(c)

added Elements— The report required by subsection (b) shall include the following:

(1)

added A description of—

(A)

added 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)

added the role of the civilian government in the commission of any events described in subparagraph (A);

(C)

added credible evidence of events of war crimes, crimes against humanity, or genocide committed by other armed groups in Burma;

(D)

added 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)

added 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)

added 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)

added 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)

added 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)

added to document, collect, preserve, and protect evidence of war crimes, crimes against humanity, and genocide in Burma, including by—

(i)

added providing support for ethnic Rohingya, Shan, Rakhine, Kachin, Chin, and Kayin and other ethnic minorities;

(ii)

added Burmese, Bangladeshi, foreign, and international nongovernmental organizations;

(iii)

added the Independent Investigative Mechanism for Myanmar; and

(iv)

added other entities engaged in investigative activities with respect to war crimes, crimes against humanity, and genocide in Burma.

(3)

added 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)

added 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)

added 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)

added 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)

added 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)

added Form of report; public availability—

(1)

added Form— The report required by subsection (b) shall be submitted in unclassified form but may include a classified annex.

(2)

added Public availability— The unclassified portion of the report required by subsection (b) shall be posted on a publicly available internet website.

(f)

added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—

(1)

added the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and

(2)

added 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

added

(a)

added In general— The Secretary of State is authorized to provide assistance to support appropriate civilian or international entities that—

(1)

added identify suspected perpetrators of war crimes, crimes against humanity, and genocide;

(2)

added collect, document, and protect evidence of crimes and preserving the chain of custody for such evidence;

(3)

added conduct criminal investigations of such crimes; and

(4)

added support investigations conducted by other countries, and by entities mandated by the United Nations, such as the Independent Investigative Mechanism for Myanmar.

(b)

added 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

added

(a)

added 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)

added 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

added

added 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

added

(a)

added Minority lending institution set-aside in providing assistance—

(1)

added 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:

added “(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)

added 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:

added “(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)

added 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:

added “(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)

added 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:

added “(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)

added 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:

added “(m) Submission of Demographic data relating to diversity

added “(1) Definitions—In this subsection—

added “(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;

added “(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;

added “(C) the term ‘sexual orientation’ means homosexuality, heterosexuality, or bisexuality; and

added “(D) the term veteran has the meaning given the term in section 101 of title 38, United States Code.

added “(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:

added “(A) Demographic data, based on voluntary self-identification, on the racial, ethnic, gender identity, and sexual orientation composition of—

added “(i) the board of directors of the institution; and

added “(ii) the executive officers of the institution.

added “(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.

added “(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—

added “(i) the board of directors of the institution;

added “(ii) nominees for the board of directors of the institution; or

added “(iii) the executive officers of the institution.

added “(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—

added “(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

added “(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)

added Office of Diverse and Mission-Driven Community Financial Institutions—

(1)

added Establishment— There is established within the Department of the Treasury the Office of Diverse and Mission-Driven Community Financial Institutions.

(2)

added 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)

added 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)

added to monitor and issue reports regarding—

(i)

added community development financial institutions, minority depository institutions, and minority lending institutions; and

(ii)

added 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)

added 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)

added to become certified as a community development financial institution, and maintain the certification;

(ii)

added to obtain a banking charter, deposit insurance, or otherwise carry on banking activities in a safe, sound, and responsible manner;

(iii)

added to obtain financial support through private sector deposits, investments, partnerships, and other means;

(iv)

added to expand their operations through internal growth and acquisitions;

(v)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added Strengthening Federal efforts and interagency coordination to promote diverse and mission-driven community financial institutions—

(1)

added 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)

added 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)

added Promoting fair housing and collective ownership opportunities—

(A)

added 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)

added 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)

added 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)

added 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

added

(a)

added 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)

added 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)

added in subsection (c), by striking paragraph (2); and

(2)

added in subsection (e), by striking paragraph (2).

(c)

added 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:

added “(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)

added Technology grants for MDIs and CDFIs—

(1)

added Study and report on certain technology challenges—

(A)

added 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)

added 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)

added 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)

added cybersecurity; and

(iv)

added challenges and solutions related to algorithmic bias in the deployment of technology.

(B)

added 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)

added Technology grant program—

(A)

added 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)

added 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)

added 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)

added enhance or adopt technologies that—

(I)

added shorten loan approval processes;

(II)

added improve customer experience;

(III)

added provide additional services to customers;

(IV)

added 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)

added help ensure privacy of customer records and cybersecurity resilience; and

(VI)

added reduce the unbanked and underbanked population; or

(ii)

added carry out such other activities as the Secretary determines appropriate.

(3)

added 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)

added 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)

added Pilot program for establishing de novo CDFIs and MDIs—

(1)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added Collection of Data— Section 111 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4710) is amended—

(1)

added by striking “The Fund” and inserting the following:

added “(a) In general—The Fund”

(2)

added by adding at the end the following:

added “(b) Collection of certain data by CDFIs—Notwithstanding the Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.)—

added “(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

added “(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

added

added 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:

added “(j) Supporting Young Entrepreneurs Program

added “(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.

added “(2) No matching requirement—The matching requirement under subsection (e) shall not apply to awards made under this subsection.

added “(3) Funding—In carrying out this subsection, the Fund may use—

added “(A) amounts in the Emergency Capital Investment Fund, but not to exceed $100,000,000 in the aggregate; and

added “(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

added

(a)

added 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)

added Definitions— In this section:

(1)

added 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)

added 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)

added Federal banking agency— The term “Federal banking agency”—

(A)

added has the meaning given in section 3 of the Federal Deposit Insurance Act; and

(B)

added means the National Credit Union Administration.

(4)

added 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

added

added Section 117(a) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4716(a)) is amended—

(1)

added by striking “The Fund” and inserting the following:

added “(1) In general—The Fund”

(2)

added by striking “and the Congress” and inserting “, the Congress, and the public”; and

(3)

added by adding at the end the following:

added “(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—

added “(A) a list of the types of organizations that are certified as CDFIs, and the number of each type of organization;

added “(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;

added “(C) the lines of business for different types of certified CDFIs;

added “(D) human resources and staffing information for different types of certified CDFIs, including—

added “(E) the types of development services provided by different types of certified CDFIs;

added “(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—

added “(i) the number and amount of loans and loan guarantees made in those target markets;

added “(ii) the number and amount of other investments made in those target markets; and

added “(iii) the number and amount of development services offered in those target markets; and

added “(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

added

added 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:

added “(l) Consultation and minimization of data requests

added “(1) In general—In carrying out its duties, the Fund shall—

added “(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)”;

added “(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.

added “(2) Applicable Federal regulator defined—In this subsection, the term “applicable Federal regulator” means—

added “(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;

added “(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

added “(C) the Bureau of Consumer Financial Protection, with respect to a certified CDFI or an applicant—

added “(i) that is not regulated by an appropriate Federal banking agency; and

added “(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

added

added 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

added

(a)

added 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)

added the use of securitization by CDFIs;

(2)

added any barriers to the use of securitization as a source of liquidity by CDFIs; and

(3)

added any authorities available to the Government to support the use of securitization by CDFIs to the extent it helps serve underserved communities.

(b)

added 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)

added all findings and determinations made in carrying out the study required under subsection (a); and

(2)

added 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)

added 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

added

(a)

added In general— The Federal banking regulators shall jointly—

(1)

added conduct a study about the challenges faced by proposed depository institutions, including proposed minority depository institutions, seeking de novo depository institution charters; and

(2)

added 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)

added an analysis based on the study conducted pursuant to paragraph (1);

(B)

added any findings from the study conducted pursuant to paragraph (1); and

(C)

added any legislative recommendations that the Federal banking regulators developed based on the study conducted pursuant to paragraph (1).

(b)

added Strategic plan—

(1)

added 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)

added Contents of strategic plan— The strategic plan described in paragraph (1) shall—

(A)

added promote the chartering of de novo depository institutions, including—

(i)

added proposed minority depository institutions; and

(ii)

added proposed depository institutions that could be certified as community development financial institutions; and

(B)

added 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)

added 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)

added Definitions— In this section:

(1)

added 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.

(2)

added 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)

added 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.

(4)

added 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. 6631 Short title

added

added 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

added

added The sense of Congress is the following:

(1)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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

added

added In this subtitle:

(1)

added 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)

added 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

added

added Section 308(b)(1) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note) is amended—

(1)

added by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively;

(2)

added by striking “means any” and inserting the following:

added “(A) any”

(3)

added in clause (iii) (as so redesignated), by striking the period at the end and inserting “; or”; and

(4)

added by inserting at the end the following new subparagraph:

added “(B) any bank described in clause (i), (ii), or (iii) of section 19(b)(1)(A) of the Federal Reserve Act—

added “(i) more than 50 percent of the outstanding shares of which are held by 1 or more women; and

added “(ii) the majority of the directors on the board of directors of which are women.”

Sec. 6635 Establishment of impact bank designation

added

(a)

added 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)

added 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)

added 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)

added requesting to be designated as an impact bank; and

(2)

added demonstrating that the depository institution meets the applicable qualifications.

(d)

added 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)

added necessary to process an application submitted by the depository institution to be designated an impact bank; or

(2)

added 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)

added 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)

added Reconsideration of designation; appeals— Under such procedures as the Federal banking agencies may establish, a depository institution may—

(1)

added 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)

added file an appeal of such determination.

(g)

added 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)

added 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)

added 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

added

(a)

added Establishment— Each covered regulator shall establish an advisory committee to be called the “Minority Depositories Advisory Committee”.

(b)

added 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.

(c)

added Membership—

(1)

added In general— Each Minority Depositories Advisory Committee shall consist of no more than 10 members, who—

(A)

added shall serve for one two-year term;

(B)

added 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)

added 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)

added 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)

added Meetings—

(1)

added In general— Each Minority Depositories Advisory Committee shall meet not less frequently than twice each year.

(2)

added Notice and invitations— Each Minority Depositories Advisory Committee shall—

(A)

added 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)

added invite the attendance at each meeting of the Minority Depositories Advisory Committee of—

(i)

added 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)

added one member of the majority party and one member of the minority party of any relevant subcommittees of such committees.

(e)

added 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)

added Definitions— In this section:

(1)

added 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)

added 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)

added 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)

added 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)

added 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:

added “(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

added

(a)

added In general— Section 308 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note) is amended—

(1)

added by adding at the end the following new subsection:

added “(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).”

(2)

added in subsection (b), as amended by section 6(g), by adding at the end the following new paragraph:

added “(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)

added Technical amendments— Section 308 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note) is amended—

(1)

added in the matter preceding paragraph (1), by striking “section—” and inserting “section:”; and

(2)

added in the paragraph heading for paragraph (1), by striking “financial” and inserting “depository”.

Sec. 6638 Minority Bank Deposit Program

added

(a)

added 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:

added “1204. Expansion of use of minority depository institutions

added “(a) Minority Bank Deposit Program

added “(1) Establishment—There is established a program to be known as the “Minority Bank Deposit Program” to expand the use of minority depository institutions.

added “(2) Administration—The Secretary of the Treasury, acting through the Fiscal Service, shall—

added “(A) on application by a depository institution or credit union, certify whether such depository institution or credit union is a minority depository institution;

added “(B) maintain and publish a list of all depository institutions and credit unions that have been certified pursuant to subparagraph (A); and

added “(C) periodically distribute the list described in subparagraph (B) to—

added “(i) all Federal departments and agencies;

added “(ii) interested State and local governments; and

added “(iii) interested private sector companies.

added “(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).

added “(b) Expanded Use Among Federal Departments and Agencies

added “(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.

added “(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.

added “(c) Definitions—For purposes of this section:

added “(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).

added “(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).

added “(3) Minority depository institution—The term minority depository institution has the meaning given that term under section 308 of this Act.”

(b)

added Conforming Amendments— The following provisions are amended by striking “1204(c)(3)” and inserting “1204(c)”:

(1)

added Section 808(b)(3) of the Community Reinvestment Act of 1977 (12 U.S.C. 2907(b)(3)).

(2)

added Section 40(g)(1)(B) of the Federal Deposit Insurance Act (12 U.S.C. 1831q(g)(1)(B)).

(3)

added 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

added

(a)

added Annual report— Each covered regulator shall submit to Congress an annual report on diversity including the following:

(1)

added 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)

added The status of any examiners of covered regulators, based on voluntary self-identification, as a veteran.

(3)

added 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)

added 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)

added 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)

added 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)

added for retaining and providing fair consideration for promotions within the examiner staff for purposes of achieving diversity among examiners.

(c)

added 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

added

(a)

added 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:

added “(B) “control” means the power, directly or indirectly—

added “(i) to direct the management or policies of an insured depository institution; or

added “(ii)

added “(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

added “(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)

added 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)

added 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)

added 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)

added the main challenges to the creation of de novo minority depository institutions and de novo impact banks; and

(3)

added 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

added

(a)

added 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)

added an analysis of outcomes of such program;

(2)

added the number of minority depository institutions that are eligible to participate in such program but do not have large financial institution mentors; and

(3)

added recommendations for how to match such minority depository institutions with large financial institution mentors.

(b)

added Definitions— In this section:

(1)

added 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)

added Large financial institution— The term large financial institution means any entity—

(A)

added 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)

added 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

added

(a)

added 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)

added Requirements— In issuing rules under subsection (a), the Secretary of the Treasury shall—

(1)

added consult with the Federal banking agencies;

(2)

added ensure each covered bank participating in the program established under this section—

(A)

added has appropriate policies relating to management of assets, including measures to ensure the safety and soundness of each such covered bank; and

(B)

added is compliant with applicable law; and

(3)

added 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).

(c)

added Limitations—

(1)

added 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)

added 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)

added 10 percent of the average amount of deposits held by such covered bank in the previous quarter; or

(B)

added $100,000,000 (as adjusted for inflation).

(d)

added 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)

added Definitions— In this section:

(1)

added Covered bank— The term “covered bank” means—

(A)

added a minority depository institution that is well capitalized, as defined by the appropriate Federal banking agency; or

(B)

added a depository institution designated pursuant to section 4935 that is well capitalized, as defined by the appropriate Federal banking agency.

(2)

added Insured amount— The term “insured amount” means the amount that is the greater of—

(A)

added 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)

added 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)

added 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)

added Qualifying account— The term “qualifying account” means any account established in the Department of the Treasury that—

(A)

added is controlled by the Secretary; and

(B)

added 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

added

(a)

added 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)

added 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)

added 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)

added 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).

(c)

added Annual report—

(1)

added In general— Section 17(a)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1827(a)(1)) is amended—

(A)

added in subparagraph (E), by striking “and” at the end;

(B)

added by redesignating subparagraph (F) as subparagraph (G);

(C)

added by inserting after subparagraph (E) the following new subparagraph:

added “(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)

added 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

added

(a)

added 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)

added 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

added

(a)

added 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)

added Effective date— The amendment made by subsection (a) shall take effect on September 30, 2022.

Sec. 6651 Establishment of Financial Agent Mentor-Protégé Program

added

(a)

added 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:

added “(d) Financial Agent Mentor-Protégé Program

added “(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—

added “(A) to be prepared to perform as a financial agent; or

added “(B) to improve capacity to provide services to the customers of the small financial institution.

added “(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.

added “(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.

added “(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—

added “(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

added “(B) the number of outreach events described in paragraph (2) held during the year covered by such report.

added “(5) Definitions—In this subsection:

added “(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.

added “(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.

added “(C) Small financial institution—The term small financial institution means—

added “(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

added “(ii) a minority depository institution.”

(b)

added 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

added

added 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

added

added Section 114A of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4713a) is amended—

(1)

added in subsection (c)(2), by striking “, multiplied by an amount equal to the outstanding principal balance of issued notes or bonds”;

(2)

added in subsection (e)(2)(B), by striking “$100,000,000” and inserting “$25,000,000”; and

(3)

added 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

added

added 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

added

(a)

added In general— Section 2009 of the Homeland Security Act of 2002 (6 U.S.C. 609a) is amended—

(1)

added in subsection (a), by inserting “and threats” before the period at the end;

(2)

added in subsection (b)—

(A)

added in the matter preceding paragraph (1), by striking “this subsection (a)” and inserting “this subsection”; and

(B)

added by amending paragraph (2) to read as follows:

added “(2) determined by the Secretary to be at risk of terrorist attacks and threats.”

(3)

added in subsection (c)—

(A)

added 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)

added in the matter preceding subparagraph (A), as so redesignated, by striking “The recipient” and inserting the following:

added “(1) In general—The recipient”

(C)

added 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)

added by inserting after subparagraph (B), as so redesignated, the following new subparagraphs:

added “(C) Facility security personnel costs, including costs associated with contracted security.

added “(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.”

(E)

added by adding at the end the following new paragraph:

added “(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)

added in subsection (e)—

(A)

added by striking “2020 through 2024” and inserting “2022 through 2028”; and

(B)

added 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)

added by redesignating subsection (f) as subsection (j);

(6)

added by inserting after subsection (e) the following new subsections:

added “(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:

added “(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.

added “(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.

added “(3) Establishment of mechanisms for the Administrator to provide feedback to eligible nonprofit organizations that do not receive grants.

added “(4) Establishment of mechanisms to collect data to measure the effectiveness of grants under the Program.

added “(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.

added “(6) Carrying out efforts to prevent waste, fraud, and abuse, including through audits of grantees.

added “(g) Grant guidelines—For each fiscal year, prior to awarding grants under this section, the Administrator—

added “(1) shall publish guidelines, including a notice of funding opportunity or similar announcement, as the Administrator determines appropriate; and

added “(2) may prohibit States from closing application processes prior to the publication of such guidelines.

added “(h) Allocation requirements

added “(1) In general—In awarding grants under this section, the Administrator shall ensure that—

added “(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

added “(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).

added “(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.

added “(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)

added in subsection (j), as so redesignated—

(A)

added 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)

added by amending paragraph (2) to read as follows:

added “(2) Operations and maintenance—Of the amounts authorized to be appropriated pursuant to paragraph (1), not more than five percent is authorized—

added “(A) to operate the program office; and

added “(B) for other costs associated with the management, administration, and evaluation of the Program.”

(8)

added by adding at the end the following new subsection:

added “(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)

added 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.

(c)

added Conforming amendment— Section 2008 of the Homeland Security Act of 2002 (6 U.S.C. 609) is amended—

(1)

added in subsection (c) by striking “sections 2003 and 2004” and inserting “sections 2003, 2004, and 2009”; and

(2)

added in subsection (e), by striking “section 2003 or 2004” and inserting “sections 2003, 2004, or 2009”.

Sec. 6702 National Computer Forensics Institute reauthorization

added

(a)

added In general— Section 822 of the Homeland Security Act of 2002 (6 U.S.C. 383) is amended—

(1)

added in subsection (a)—

(A)

added in the subsection heading, by striking “In general” and inserting “In general; mission”;

(B)

added by striking “2022” and inserting “2032”; and

(C)

added 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)

added by redesignating subsections (c) through (f) as subsections (d) through (g), respectively;

(3)

added by striking subsection (b) and inserting the following new subsections:

added “(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:

added “(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.

added “(2) Conducting forensic examinations of computers, mobile devices, and other information systems.

added “(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.

added “(4) Methods to obtain, process, store, and admit digital evidence in court.

added “(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)

added in subsection (d), as so redesignated—

(A)

added 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)

added 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)

added in subsection (e), as so redesignated—

(A)

added by striking “State, local, tribal, and territorial law enforcement officers” and inserting “recipients of education and training provided pursuant to subsection (a)”; and

(B)

added 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)

added in subsection (f), as so redesignated—

(A)

added by amending the heading to read as follows: “Cyber fraud task forces”;

(B)

added by striking “Electronic Crime” and inserting “Cyber Fraud”;

(C)

added by striking “State, local, tribal, and territorial law enforcement officers” and inserting “recipients of education and training provided pursuant to subsection (a)”; and

(D)

added by striking “at” and inserting “by”;

(7)

added by redesignating subsection (g), as redesignated pursuant to paragraph (2), as subsection (j); and

(8)

added by inserting after subsection (f), as so redesignated, the following new subsections:

added “(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).

added “(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:

added “(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.

added “(2) Any information regarding projected future demand for such education and training.

added “(3) Impacts of the Institute’s activities on jurisdictions’ capability to investigate and prevent cybersecurity incidents, electronic crimes, and related cybersecurity threats.

added “(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).

added “(5) Any other issues determined relevant by the Secretary.

added “(i) Definitions—In this section—

added “(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)).

added “(2) Incident—The term “incident” has the meaning given such term in section 2209(a).

added “(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)

added 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)

added 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)

added Requirements analysis—

(1)

added 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)

added 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)

added Expanding the physical operations of the Institute.

(B)

added Expanding the availability of virtual education and training to all or a subset of potential recipients of education and training from the Institute.

(C)

added Some combination of the considerations set forth in subparagraphs (A) and (B).

(e)

added 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

added

(a)

added Plan—

(1)

added 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)

added 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)

added such eligibility for such Federal assistance; or

(B)

added such receipt of such grant funding.

(b)

added 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)

added 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)

added 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)

added any other urban areas the Secretary determines appropriate.

(c)

added 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)

added Contents— The plan required under subsection (a) shall—

(1)

added 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)

added identify annual funding levels for such Federal assistance in accordance with the survey required under subsection (b); and

(3)

added consider a range of approaches to make such Federal assistance available to such urban areas, including—

(A)

added 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)

added the establishment of a competitive grant program;

(C)

added the establishment of a formula grant program; and

(D)

added 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

added

(a)

added 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:

added “714. School security coordinating council

added “(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.

added “(b) Composition—The members of the council established pursuant to subsection (a) shall include the following:

added “(1) The Under Secretary for Strategy, Policy, and Plans.

added “(2) The Director of the Cybersecurity and Infrastructure Security.

added “(3) The Administrator of the Federal Emergency Management Agency.

added “(4) The Director of the Secret Service.

added “(5) The Executive Director of the Office of Academic Engagement.

added “(6) The Assistant Secretary for Public Affairs.

added “(7) Any other official of the Department the Secretary determines appropriate.

added “(c) Leadership—The Secretary shall designate a member of the council to serve as chair of the council.

added “(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.

added “(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:

added “(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.

added “(2) With respect to the immediately preceding year, information on the following:

added “(A) The council’s activities during such year.

added “(B) The Department’s contributions to Federal efforts to maintain and publicize the clearinghouse of resources referred to in subsection (d) during such year.

added “(3) Any metrics regarding the efficacy of such activities and contributions, and any engagement with stakeholders outside of the Federal Government.

added “(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)

added 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. 6705 Reporting efficiently to proper officials in response to terrorism

added

(a)

added 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)

added Content of reports— A report under this section shall—

(1)

added 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)

added identify any gaps in homeland or national security that could be addressed to prevent future acts of terrorism; and

(3)

added 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.

(c)

added Exception—

(1)

added 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)

added may withhold from reporting such information; and

(B)

added shall notify the appropriate congressional committees of such determination.

(2)

added 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)

added Definitions— In this section:

(1)

added Act of terrorism— The term “act of terrorism” has the meaning given such term in section 3077 of title 18, United States Code.

(2)

added Appropriate congressional committees— The term “appropriate congressional committees” means—

(A)

added in the House of Representatives—

(i)

added the Committee on Homeland Security;

(ii)

added the Committee on the Judiciary; and

(iii)

added the Permanent Select Committee on Intelligence; and

(B)

added in the Senate—

(i)

added the Committee on Homeland Security and Governmental Affairs;

(ii)

added the Committee on the Judiciary; and

(iii)

added the Select Committee on Intelligence.

Sec. 6706 Cybersecurity grants for schools

added

(a)

added 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:

added “(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—

added “(1) carry out the purposes of CETAP; and

added “(2) enhance CETAP to address the national shortfall of cybersecurity professionals.”

(b)

added Briefings— Paragraph (2) of subsection (c) of section 2220 of the Homeland Security Act of 2002 (6 U.S.C. 665f) is amended—

(1)

added by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E) respectively; and

(2)

added by inserting after subparagraph (B) the following new subparagraph:

added “(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

added

(a)

added 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:

added “836. Requirements to buy certain items related to national security interests

added “(a) Definitions—In this section:

added “(1) Covered item—The term covered item means any of the following:

added “(A) Footwear provided as part of a uniform.

added “(B) Uniforms.

added “(C) Holsters and tactical pouches.

added “(D) Patches, insignia, and embellishments.

added “(E) Chemical, biological, radiological, and nuclear protective gear.

added “(F) Body armor components intended to provide ballistic protection for an individual, consisting of 1 or more of the following:

added “(i) Soft ballistic panels.

added “(ii) Hard ballistic plates.

added “(iii) Concealed armor carriers worn under a uniform.

added “(iv) External armor carriers worn over a uniform.

added “(G) Any other item of clothing or protective equipment as determined appropriate by the Secretary.

added “(2) Frontline operational component—The term frontline operational component means any of the following organizations of the Department:

added “(A) U.S. Customs and Border Protection.

added “(B) U.S. Immigration and Customs Enforcement.

added “(C) The United States Secret Service.

added “(D) The Transportation Security Administration.

added “(E) The Coast Guard.

added “(F) The Federal Protective Service.

added “(G) The Federal Emergency Management Agency.

added “(H) The Federal Law Enforcement Training Centers.

added “(I) The Cybersecurity and Infrastructure Security Agency.

added “(b) Requirements

added “(1) In general—The Secretary shall ensure that any procurement of a covered item for a frontline operational component meets the following criteria:

added “(A)

added “(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).

added “(ii) Covered items may only be supplied pursuant to subparagraph (A) to the extent that United States entities that qualify as small business concerns—

added “(I) are unable to manufacture covered items in the United States; and

added “(II) meet the criteria identified in subparagraph (B).

added “(B) Each contractor with respect to the procurement of such a covered item, including the end-item manufacturer of such a covered item—

added “(i) is an entity registered with the System for Award Management (or successor system) administered by the General Services Administration; and

added “(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.

added “(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—

added “(i) store such covered item with such insignia or such insignia in a locked area;

added “(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

added “(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.

added “(2) Waiver

added “(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.

added “(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—

added “(i) identification of the national emergency or major disaster declared by the President;

added “(ii) identification of the covered item for which the Secretary intends to issue the waiver; and

added “(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).

added “(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.

added “(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.

added “(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)

added Study—

(1)

added 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)

added Requirements— The study conducted under paragraph (1) shall—

(A)

added 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)

added assess the adequacy of the most recent increase made to the uniform allowance for first year employees; and

(C)

added consider increasing by 50 percent, at minimum, the annual allowance for all other employees.

(c)

added Additional report—

(1)

added 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)

added the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate; and

(B)

added the Committee on Homeland Security, the Committee on Oversight and Reform, and the Committee on Appropriations of the House of Representatives.

(2)

added Contents— The report required under paragraph (1) shall include the following:

(A)

added 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)

added An assessment of the capacity of the Department of Homeland Security to procure the following items from domestic sources:

(i)

added Personal protective equipment and other items necessary to respond to a pandemic such as that caused by COVID–19.

(ii)

added Helmets that provide ballistic protection and other head protection and components.

(iii)

added Rain gear, cold weather gear, and other environmental and flame resistant clothing.

(d)

added 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. 6722 DHS software supply chain risk management

added

(a)

added Guidance— The Secretary of Homeland Security, acting through the Under Secretary, shall issue guidance with respect to new and existing covered contracts.

(b)

added 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)

added a planned bill of materials when submitting a bid proposal; and

(2)

added the certification and notifications described in subsection (e).

(c)

added 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)

added the bill of materials used for such contract, upon the request of such officer; and

(2)

added the certification and notifications described in subsection (e).

(d)

added 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)

added 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)

added 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)

added the National Institute of Standards and Technology National Vulnerability Database; and

(B)

added 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)

added A notification of each vulnerability or defect affecting the security of the end product or service, if identified, through—

(A)

added the certification of such submitted bill of materials required under paragraph (1); or

(B)

added any other manner of identification.

(3)

added 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)

added Enforcement— In developing guidance under subsection (a), the Secretary shall instruct covered officers with respect to—

(1)

added the processes available to such officers enforcing subsections (b) and (c); and

(2)

added when such processes should be used.

(g)

added 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)

added 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)

added a review of the implementation of this section;

(2)

added information relating to the engagement of the Department of Homeland Security with industry;

(3)

added 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)

added any recommendations relating to improving the supply chain with respect to covered contracts.

(i)

added Definitions— In this section:

(1)

added 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)

added 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)

added Covered information and communications technology or services— The term “covered information and communications technology or services” means the terms—

(A)

added “information technology” (as such term is defined in section 11101(6) of title 40, United States Code);

(B)

added “information system” (as such term is defined in section 3502(8) of title 44, United States Code);

(C)

added “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)

added “telecommunications service” (as such term is defined in section 3(53) of the Communications Act of 1934 (47 U.S.C. 153(53))).

(4)

added Covered officer— The term “covered officer” means—

(A)

added a contracting officer of the Department; and

(B)

added any other official of the Department as determined appropriate by the Under Secretary.

(5)

added Software— The term “software” means computer programs and associated data that may be dynamically written or modified during execution.

(6)

added 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

added

(a)

added 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:

added “890C. Mentor-protégé program

added “(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.

added “(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.

added “(c) Program application and approval

added “(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:

added “(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.

added “(B) A schedule with milestones for achieving the assistance to be provided over the period of participation in the Program.

added “(C) An estimate of the costs to be incurred by the mentor firm for providing assistance under the Program.

added “(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.

added “(E) Attestations that Program participants will inform the Secretary in the event of a change in eligibility or voluntary withdrawal from the Program.

added “(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.

added “(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.

added “(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.

added “(e) Program benefits—A mentor firm and protégé firm that enter into an agreement under subsection (d) may receive the following Program benefits:

added “(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.

added “(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.

added “(3) A protégé firm may receive technical, managerial, financial, or any other mutually agreed upon benefit from a mentor firm, including a subcontract award.

added “(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—

added “(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—

added “(A) small business concerns;

added “(B) small business concerns owned and controlled by veterans;

added “(C) small business concerns owned and controlled by service-disabled veterans;

added “(D) qualified HUBZone small business concerns;

added “(E) small business concerns owned and controlled by socially and economically disadvantaged individuals;

added “(F) small business concerns owned and controlled by women;

added “(G) historically Black colleges and universities; and

added “(H) minority-serving institutions;

added “(2) describes the type of assistance provided by mentor firms to protégé firms;

added “(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

added “(4) assesses the degree to which there has been—

added “(A) an increase in the technical capabilities of protégé firms; and

added “(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.

added “(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.

added “(h) Definitions—In this section:

added “(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).

added “(2) Mentor firm—The term mentor firm means a for-profit business concern that is not a small business concern that—

added “(A) has the ability to assist and commits to assisting a protégé to compete for Federal prime contracts and subcontracts; and

added “(B) satisfies any other requirements imposed by the Secretary.

added “(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)).

added “(4) Protégé firm—The term protégé firm means a small business concern, a historically Black college or university, or a minority-serving institution that—

added “(A) is eligible to enter into a prime contract or subcontract with the Department; and

added “(B) satisfies any other requirements imposed by the Secretary.

added “(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)

added 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. 6724 DHS Trade and Economic Security Council

added

(a)

added DHS Trade and Economic Security Council—

(1)

added 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:

added “890D. DHS Trade and Economic Security Council

added “(a) Establishment—There is established in the Department the DHS Trade and Economic Security Council (referred to in this section as the “Council”).

added “(b) Duties of the Council—The Council shall provide to the Secretary advice and recommendations on matters of trade and economic security, including—

added “(1) identifying concentrated risks for trade and economic security;

added “(2) setting priorities for securing the Nation’s trade and economic security;

added “(3) coordinating Department-wide activity on trade and economic security matters;

added “(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;

added “(5) proposing statutory and regulatory changes impacting trade and economic security; and

added “(6) any other matters the Secretary considers appropriate.

added “(c) Membership

added “(1) In general—The Council shall be composed of the following members:

added “(A) The Assistant Secretary for Trade and Economic Security of the Office of Strategy, Policy, and Plans of the Department.

added “(B) An officer or an employee, selected by the Secretary, from each of the following components and offices of the Department:

added “(i) The Cybersecurity and Infrastructure Security Agency.

added “(ii) The Federal Emergency Management Agency.

added “(iii) The Office of Intelligence and Analysis.

added “(iv) The Science and Technology Directorate.

added “(v) United States Citizenship and Immigration Services.

added “(vi) The Coast Guard.

added “(vii) U.S. Customs and Border Protection.

added “(viii) U.S. Immigration and Customs Enforcement.

added “(ix) The Transportation Security Administration.

added “(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.

added “(d) Meetings—The Council shall meet not less frequently than quarterly, as well as—

added “(1) at the call of the Chair; or

added “(2) at the direction of the Secretary.

added “(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.

added “(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)

added 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:

(b)

added Assistant Secretary for Trade and Economic Security— Section 709 of the Homeland Security Act of 2002 (6 U.S.C. 349) is amended—

(1)

added by redesignating subsection (g) as subsection (h); and

(2)

added by inserting after subsection (f) the following new subsection:

added “(g) Assistant Secretary for Trade and Economic Security

added “(1) In general—There is within the Office of Strategy, Policy, and Plans an Assistant Secretary for Trade and Economic Security.

added “(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.

added “(3) Additional responsibilities—In addition to the duties specified in paragraph (2), the Assistant Secretary for Trade and Economic Security shall—

added “(A) oversee—

added “(i) the activities and enhancements of requirements for supply chain mapping not otherwise assigned by law or by the Secretary to another officer; and

added “(ii) assessments and reports to Congress related to critical economic security domains;

added “(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);

added “(C) coordinate with stakeholders in other Federal departments and agencies and non-governmental entities with trade and economic security interests, authorities, and responsibilities; and

added “(D) perform such additional duties as the Secretary or the Under Secretary of Strategy, Policy, and Plans may prescribe.

added “(4) Definitions—In this subsection:

added “(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.

added “(B) Economic security—The term “economic security” has the meaning given such term in section 890B.”

(c)

added 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

added

(a)

added 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)

added in subsection (a)—

(A)

added in paragraph (2), by inserting “and acquisition management” after “Procurement”; and

(B)

added in paragraph (6), by inserting “(including firearms and other sensitive assets)” after “equipment”;

(2)

added 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)

added by inserting after subsection (c) the following new subsection:

added “(d) Acquisition and related responsibilities

added “(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.

added “(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:

added “(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.

added “(B) Leading the Department’s acquisition oversight body, the Acquisition Review Board.

added “(C) Synchronizing interagency coordination relating to acquisition programs and acquisition management efforts of the Department.

added “(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).

added “(E) Providing additional scrutiny and oversight for an acquisition that is not a major acquisition if—

added “(i) the acquisition is for a program that is important to the strategic and performance plans of the Department;

added “(ii) the acquisition is for a program with significant program or policy implications; and

added “(iii) the Secretary determines that such scrutiny and oversight for the acquisition is proper and necessary.

added “(F) Establishing policies for managing acquisitions across the Department that promote best practices (as such term is defined in section 837).

added “(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).

added “(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.

added “(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.

added “(J) Ensuring that grants and financial assistance are provided only to individuals and organizations that are not suspended or debarred.

added “(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.

added “(L) Overseeing the Component Acquisition Executive organizational structure to ensure Component Acquisition Executives have sufficient capabilities and comply with Department acquisition policies.

added “(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.

added “(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—

added “(A) the component concerned possesses working policies, processes, and procedures that are consistent with Department acquisition policy;

added “(B) the Component Acquisition Executive concerned has adequate, experienced, and dedicated professional employees with program management training; and

added “(C) each major acquisition program has a Department-approved acquisition program baseline, and it is meeting agreed-upon cost, schedule, and performance thresholds.”

(b)

added Office of Test and Evaluation of the Department of Homeland Security—

(1)

added 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:

added “323. Office of Test and Evaluation

added “(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—

added “(1) serve as the principal advisory office for test and evaluation support across the Department; and

added “(2) serve as the test and evaluation liaison with—

added “(A) Federal agencies and foreign, State, local, Tribal, and territorial governments;

added “(B) the private sector;

added “(C) institutions of higher education; and

added “(D) other relevant entities.

added “(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:

added “(1) Serve as a member of the Department’s Acquisition Review Board.

added “(2) Establish and update, as necessary, test and evaluation policies, procedures, and guidance for the Department.

added “(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)—

added “(A) complete reviews of operational requirements to ensure such requirements—

added “(i) are informed by threats, including physical and cybersecurity threats;

added “(ii) are operationally relevant; and

added “(iii) are measurable, testable, and achievable within the constraints of cost and schedule;

added “(B) complete independent testing and evaluation of a system or service throughout development of such system or service;

added “(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;

added “(D) use independent verification and validation of test and evaluation implementation and results, as appropriate; and

added “(E) document whether such programs meet all operational requirements.

added “(4) Provide oversight of test and evaluation activities for major acquisition programs throughout the acquisition life cycle by—

added “(A) approving program test and evaluation master plans, plans for individual test and evaluation events, and other related documentation, determined appropriate by the Director;

added “(B) approving which independent test and evaluation agent or third-party tester is selected for each program; and

added “(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.

added “(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.

added “(c) Annual report

added “(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.

added “(2) Elements—Each report required under paragraph (1) shall include the following:

added “(A) An assessment of—

added “(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;

added “(ii) any waivers of, or deviations from, approved program test and evaluation master plans referred to in subsection (b)(3)(A);

added “(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

added “(iv) any actions that have been taken or are planned to be taken to address such concerns.

added “(B) Recommendations with respect to resources, facilities, and levels of funding made available for test and evaluation activities referred to in subparagraph (A).

added “(3) Form—Each report required under paragraph (1) shall be submitted in unclassified form but may include a classified annex.

added “(d) Relationship to Under Secretary for Science and Technology

added “(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.

added “(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)

added 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:

(c)

added 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)

added redesignating subparagraph (I) as subparagraph (J); and

(2)

added inserting after subparagraph (H) the following new subparagraph:

added “(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)

added 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)

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

(2)

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

added “(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:

added “(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.

added “(2) Providing recommendations to the Acquisition Review Board regarding information technology programs and developing information technology acquisition strategic guidance.”

(e)

added 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)

added redesignating paragraphs (4) through (7) as (5) through (8), respectively; and

(2)

added inserting after paragraph (3) the following new paragraph:

added “(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)

added Acquisition authorities for program accountability and risk management (PARM) of the Department of Homeland Security—

(1)

added 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:

added “715. Program accountability and risk management office

added “(a) Establishment of office—There is established in the Management Directorate of the Department a Program Accountability and Risk Management office. Such office shall—

added “(1) provide consistent accountability, standardization, and transparency of major acquisition programs of the Department;

added “(2) serve as the central oversight function for all Department major acquisition programs; and

added “(3) provide review and analysis of Department acquisition programs, as appropriate.

added “(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:

added “(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.

added “(2) Assist the Under Secretary for Management in managing the Department’s acquisition programs, acquisition workforce, and related activities of the Department.

added “(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.

added “(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.

added “(5) Advise the persons having acquisition decision authority to—

added “(A) make acquisition decisions consistent with all applicable laws; and

added “(B) establish clear lines of authority, accountability, and responsibility for acquisition decision-making within the Department.

added “(6) Develop standardized certification standards, in consultation with the Component Acquisition Executives, for all acquisition program managers.

added “(7) Assess the results of major acquisition programs’ post-implementation reviews, and identify opportunities to improve performance throughout the acquisition process.

added “(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.

added “(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.

added “(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—

added “(A) the component sponsoring the acquisition;

added “(B) the name of the acquisition;

added “(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;

added “(D) the acquisition decision authority for the acquisition; and

added “(E) the current acquisition phase.

added “(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—

added “(1) establish an organizational structure for conducting acquisitions within the component, to be managed by a Component Acquisition Executive;

added “(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

added “(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.

added “(d) Responsibilities of component acquisition executives—Each Component Acquisition Executive shall—

added “(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;

added “(2) for each major acquisition program—

added “(A) define baseline requirements and document changes to such requirements, as appropriate;

added “(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;

added “(C) verify each life cycle cost estimate against independent cost estimates or assessments, as appropriate, and reconcile any differences;

added “(D) complete a cost-benefit analysis with supporting documentation; and

added “(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;

added “(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;

added “(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

added “(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.

added “(e) Definitions—In this section:

added “(1) Acquisition—The term “acquisition” has the meaning given such term in section 131 of title 41, United States Code.

added “(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—

added “(A) ensure compliance with Federal law, the Federal Acquisition Regulation, and Department acquisition management directives;

added “(B) review (including approving, pausing, modifying, or canceling) an acquisition program throughout the life cycle of such program;

added “(C) ensure that acquisition program managers have the resources necessary to successfully execute an approved acquisition program;

added “(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;

added “(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

added “(F) establish policies and procedures for major acquisition programs of the Department.

added “(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.

added “(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.

added “(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.

added “(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:

added “(A) Identifying and validating needs.

added “(B) Assessing alternatives to select the most appropriate solution.

added “(C) Establishing well-defined requirements.

added “(D) Developing realistic cost assessments and schedules that account for the entire life-cycle of an acquisition.

added “(E) Demonstrating technology, design, and manufacturing maturity before initiating production.

added “(F) Using milestones and exit criteria or specific accomplishments that demonstrate the attainment of knowledge to support progress throughout the acquisition phases.

added “(G) Regularly assessing and managing risks to achieve requirements and cost and schedule goals.

added “(H) To the maximum extent possible, adopting and executing standardized processes.

added “(I) Establishing a workforce that is qualified to perform necessary acquisition roles.

added “(J) Integrating into the Department’s mission and business operations the capabilities described in subparagraphs (A) through (I).

added “(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.

added “(8) Congressional homeland security committees—The term “congressional homeland security committees” means—

added “(A) the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate; and

added “(B) the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate.

added “(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.

added “(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.

added “(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)

added 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:

(g)

added Acquisition documentation—

(1)

added 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:

added “837. Acquisition documentation

added “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—

added “(1) maintain acquisition documentation that is complete, accurate, timely, and valid, and that includes—

added “(A) operational requirements that are validated consistent with departmental policy;

added “(B) a complete life-cycle cost estimate with supporting documentation;

added “(C) verification of such life-cycle cost estimate against independent cost estimates, and reconciliation of any differences;

added “(D) a cost-benefit analysis with supporting documentation;

added “(E) an integrated master schedule with supporting documentation;

added “(F) plans for conducting systems engineering reviews and test and evaluation activities throughout development to support production and deployment decisions;

added “(G) an acquisition plan that outlines the procurement approach, including planned contracting vehicles;

added “(H) a logistics and support plan for operating and maintaining deployed capabilities until such capabilities are disposed of or retired; and

added “(I) an acquisition program baseline that is traceable to the operational requirements of the program required under subparagraphs (A), (B), and (E);

added “(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

added “(3) ensure any revisions to the acquisition documentation maintained pursuant to paragraph (1) are reviewed and approved in accordance with departmental policy.”

(2)

added 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. 6726 DHS Acquisition Review Board

added

(a)

added 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:

added “838. Acquisition Review Board

added “(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.

added “(b) Composition

added “(1) Chair—The Under Secretary for Management shall serve as chair of the Board.

added “(2) Oversight—The Under Secretary for Management may designate an employee of the Department to oversee the operations of the Board.

added “(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:

added “(A) The Chair of the Joint Requirements Council.

added “(B) The Chief Financial Officer.

added “(C) The Chief Human Capital Officer.

added “(D) The Chief Information Officer.

added “(E) The Chief Procurement Officer.

added “(F) The Chief Readiness Support Officer.

added “(G) The Chief Security Officer.

added “(H) The Director of the Office of Test and Evaluation.

added “(I) Other relevant senior Department officials, as designated by the Under Secretary for Management.

added “(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—

added “(1) a new acquisition program is initiated;

added “(2) a major acquisition program—

added “(A) requires authorization to proceed from one acquisition decision event to another throughout the acquisition life-cycle;

added “(B) is in breach of its approved acquisition program baseline; or

added “(C) requires additional review, as determined by the Under Secretary for Management; or

added “(3) a non-major acquisition program requires review, as determined by the Under Secretary for Management.

added “(d) Responsibilities—The responsibilities of the Board are as follows:

added “(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.

added “(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.

added “(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.

added “(4) Support the person with acquisition decision authority for an acquisition in determining the appropriate direction for such acquisition at key acquisition decision events.

added “(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.

added “(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.

added “(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:

added “(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.

added “(B) Full consideration is given to possible trade-offs among cost, schedule, and performance objectives for each alternative.

added “(e) Documentation

added “(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—

added “(A) a summary of the action at issue or purpose for convening a meeting under subsection (c);

added “(B) the decision with respect to actions discussed during such meeting;

added “(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;

added “(D) any assigned items for further action; and

added “(E) the signature of the chair verifying the contents of such memorandum.

added “(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.

added “(f) Definitions—In this section:

added “(1) Acquisition—The term acquisition has the meaning given such term in section 131 of title 41, United States Code.

added “(2) Acquisition decision authority—The term acquisition decision authority means the authority, held by the Secretary to—

added “(A) ensure acquisition programs are in compliance with Federal law, the Federal Acquisition Regulation, and Department acquisition management directives;

added “(B) review (including approving, pausing, modifying, or cancelling) an acquisition program through the life-cycle of such program;

added “(C) ensure that acquisition program managers have the resources necessary to successfully execute an approved acquisition program;

added “(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

added “(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 to avoid and mitigate acquisition program baseline breaches.

added “(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.

added “(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.

added “(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.

added “(6) Best practices—The term best practices, with respect to acquisition, means a knowledge-based approach to capability development that includes—

added “(A) identifying and validating needs;

added “(B) assessing alternatives to select the most appropriate solution;

added “(C) clearly establishing well-defined requirements;

added “(D) developing realistic cost estimates and schedules that account for the entire life-cycle of such an acquisition;

added “(E) securing stable funding that matches resources to requirements before initiating such development;

added “(F) demonstrating technology, design, and manufacturing maturity before initiating production of the item that is the subject of such acquisition;

added “(G) using milestones and exit criteria or specific accomplishments that demonstrate the attainment of knowledge to support progress;

added “(H) regularly assessing and managing risks to achieving requirements and cost and schedule goals;

added “(I) adopting and executing standardized processes with known success across programs;

added “(J) establishing an adequate workforce that is qualified and sufficient to perform necessary functions; and

added “(K) integrating the capabilities described in subparagraphs (A) through (J).

added “(7) Major acquisition program—The term major acquisition program means—

added “(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

added “(B) a program identified by the Under Secretary for Management as a program of special interest.

added “(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)

added 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. 6727 DHS contract reporting

added

(a)

added Daily public report of covered contract awards—

(1)

added 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)

added the contract number, modification number, or delivery order number;

(B)

added the contract type;

(C)

added the amount obligated for such award;

(D)

added the total contract value for such award, including all options;

(E)

added the description of the purpose for such award;

(F)

added the number of proposals or bids received;

(G)

added the name and address of the vendor, and whether such vendor is considered a small business;

(H)

added the period and each place of performance for such award;

(I)

added whether such award is multiyear;

(J)

added whether such award requires a small business subcontracting plan; and

(K)

added the contracting office and the point of contact for such office.

(2)

added 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)

added 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)

added Effective date— Paragraph (1) shall take effect on the date that is 180 days after the date of the enactment of this section.

(b)

added 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)

added report the estimated total contract value for such award and the amount obligated upon award; and

(2)

added once such award is definitized, update the total contract value and amount obligated.

(c)

added Exemption— Each report required under subsection (a) shall not include covered contract awards relating to classified products, programs, or services.

(d)

added Definitions— In this section:

(1)

added Covered contract award— The term “covered contract award”—

(A)

added means a contract action of the Department with the total authorized dollar amount of $4,000,000 or greater, including unexercised options; and

(B)

added includes—

(i)

added contract awards governed by the Federal Acquisition Regulation;

(ii)

added modifications to a contract award that increase the total value, expand the scope of work, or extend the period of performance;

(iii)

added orders placed on a multiple award or multiple-agency contract that includes delivery or quantity terms that are indefinite;

(iv)

added other transaction authority agreements; and

(v)

added contract awards made with other than full and open competition.

(2)

added 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)

added Department— The term “Department” means the Department of Homeland Security.

(4)

added Secretary— The term “Secretary” means the Secretary of Homeland Security.

(5)

added 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)

added 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)

added 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

added

(a)

added 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)

added an unmanned aircraft system (UAS) that—

(A)

added is manufactured in a covered foreign country or by a corporation domiciled in a covered foreign country;

(B)

added 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)

added 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)

added uses network connectivity or data storage located in a covered foreign country or administered by a corporation domiciled in a covered foreign country;

(2)

added 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)

added 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)

added Waiver—

(1)

added 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)

added in the national interest of the United States;

(B)

added for counter-UAS surrogate research, testing, development, evaluation, or training; or

(C)

added for intelligence, electronic warfare, or information warfare operations, testing, analysis, and or training.

(2)

added 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.

(c)

added Effective dates—

(1)

added In general— This Act shall take effect on the date that is 120 days after the date of the enactment of this Act.

(2)

added 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)

added 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)

added such time as the Secretary of Homeland Security has—

(i)

added granted a waiver relating thereto under subsection (b); or

(ii)

added declined to grant such a waiver; or

(B)

added one year after the date of the enactment of this Act,

(d)

added 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)

added 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)

added 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)

added 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)

added Definitions— In this section:

(1)

added Covered foreign country— The term “covered foreign country” means a country that—

(A)

added the intelligence community has identified as a foreign adversary in its most recent Annual Threat Assessment; or

(B)

added 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)

added 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)

added 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

added

(a)

added In general— Section 707 of the Homeland Security Act of 2002 (6 U.S.C. 347) is amended—

(1)

added in subsection (a)(3)—

(A)

added in subparagraph (B), by striking “and” after the semicolon at the end;

(B)

added by redesignating subparagraph (C) as subparagraph (D); and

(C)

added by inserting after subparagraph (B) the following new subparagraph:

added “(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)

added in subsection (b)—

(A)

added 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)

added in paragraph (3)—

(i)

added by inserting “, to the extent practicable,” after “describe”; and

(ii)

added by striking “budget plan” and inserting “resources required”;

(C)

added in paragraph (4)—

(i)

added by inserting “, to the extent practicable,” after “identify”;

(ii)

added by striking “budget plan required to provide sufficient resources to successfully” and inserting “resources required to”; and

(iii)

added 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)

added in paragraph (5), by striking “; and” and inserting a period; and

(E)

added by striking paragraph (6);

(3)

added in subsection (c)—

(A)

added 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)

added in paragraph (2)—

(i)

added in subparagraph (B), by striking “description of the threats to” and inserting “risk assessment of”;

(ii)

added in subparagraph (C), by inserting “, as required under subsection (b)(2)” before the semicolon at the end;

(iii)

added in subparagraph (D)—

(I)

added by inserting “to the extent practicable,” before “a description”; and

(II)

added by striking “budget plan” and inserting “resources required”;

(iv)

added in subparagraph (F)—

(I)

added by inserting “to the extent practicable,” before “a discussion”; and

(II)

added by striking “the status of”;

(v)

added in subparagraph (G)—

(I)

added by inserting “to the extent practicable,” before “a discussion”;

(II)

added by striking “the status of”;

(III)

added by inserting “and risks” before “to national homeland”; and

(IV)

added by inserting “and” after the semicolon at the end;

(vi)

added by striking subparagraph (H); and

(vii)

added by redesignating subparagraph (I) as subparagraph (H);

(C)

added by redesignating paragraph (3) as paragraph (4); and

(D)

added by inserting after paragraph (2) the following new paragraph:

added “(3) Documentation—The Secretary shall retain and, upon request, provide to Congress the following documentation regarding each quadrennial homeland security review:

added “(A) Records regarding the consultation carried out pursuant to subsection (a)(3), including the following:

added “(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.

added “(ii) Information on how feedback received by the Secretary informed each such quadrennial homeland security review.

added “(B) Information regarding the risk assessment required pursuant to subsection (c)(2)(B), including the following:

added “(i) The risk model utilized to generate such risk assessment.

added “(ii) Information, including data used in the risk model, utilized to generate such risk assessment.

added “(iii) Sources of information, including other risk assessments, utilized to generate such risk assessment.

added “(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)

added by redesignating subsection (d) as subsection (e); and

(5)

added by inserting after subsection (c) the following new subsection:

added “(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)

added 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

added

(a)

added Office for Bombing Prevention—

(1)

added 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:

added “E Bombing Prevention

added “2251. Office for Bombing Prevention

added “(a) Establishment—There is established within the Department an Office for Bombing Prevention (in this section referred to as the “Office”).

added “(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:

added “(1) Advising the Secretary on matters related to terrorist explosive threats and attacks in the United States.

added “(2) Coordinating the efforts of the Department to counter terrorist explosive threats and attacks in the United States, including by carrying out the following:

added “(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.

added “(B) Leading the prioritization of the Department’s efforts against terrorist explosive threats and attacks, including preparedness and operational requirements.

added “(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.

added “(D) Providing advice and recommendations to the Administrator of the Federal Emergency Management Agency regarding the effective use of grants authorized under section 2002.

added “(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.

added “(3) Engaging other Federal departments and agencies, including Sector Risk Management Agencies, regarding terrorist explosive threats and attacks in the United States.

added “(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:

added “(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.

added “(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.

added “(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.

added “(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.

added “(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:

added “(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.

added “(B) Applying the analysis derived from the database described in subparagraph (A) with respect to the following:

added “(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.

added “(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.

added “(8) Promoting secure information sharing of sensitive material and promoting security awareness, including by carrying out the following:

added “(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.

added “(B) Educating the public and private sectors about explosive precursor chemicals.

added “(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.

added “(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.

added “(E) Working with relevant stakeholder organizations.

added “(9) Providing any other assistance the Secretary determines necessary.

added “2252. Countering explosive devices technical assistance

added “(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.

added “(b) Elements—Technical assistance services provided pursuant to subsection (a) shall—

added “(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;

added “(2) support the security of explosive precursor chemicals and other bomb-making materials outside of regulatory control;

added “(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;

added “(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;

added “(5) make available augmenting resources, as appropriate, to enable State, local, Tribal, and territorial governments to sustain and refresh their capabilities;

added “(6) track performance in meeting the goals and associated plans of the provision of such technical assistance; and

added “(7) include any other assistance the Secretary determines necessary.

added “2253. Relationship to other Department components and Federal agencies

added “(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.

added “(b) Department components—Nothing in this subtitle or any other provision of law may be construed to affect or reduce the responsibilities of—

added “(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;

added “(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

added “(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)

added Strategy and reports—

(A)

added 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)

added Information on terrorist explosive threats, tactics, and attacks in the United States.

(ii)

added 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)

added 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)

added 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)

added Long-term objectives of the Office, including future service and training offerings.

(vi)

added Metrics for measuring the effectiveness of services and trainings offered by the Office.

(vii)

added An assessment of resource requirements necessary to implement such strategy.

(viii)

added A description of how the Office partners with other components of the Department and other Federal agencies to carry out its mission.

(B)

added 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)

added Changes to terrorist explosive threats, tactics, and attacks in the United States.

(ii)

added 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)

added 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)

added The number of trainings, assessments, or other engagements the Office was asked to conduct but did not, and an explanation relating thereto.

(v)

added The effectiveness of the trainings, assessments, or other engagements provided by the Office based on the metrics described in subparagraph (A)(vi).

(vi)

added 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)

added 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:

(b)

added Explosives technology development—

(1)

added 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:

added “324. Explosives research and development

added “(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.

added “(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)

added 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. 6733 DHS basic training accreditation improvement

added

(a)

added Reporting on basic training programs of the Department of Homeland Security—

(1)

added Annual reporting—

(A)

added 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)

added 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)

added The date each such program most recently received accreditation or reaccreditation, if applicable.

(iii)

added Each such program’s anticipated accreditation or next reaccreditation date.

(iv)

added The name of the accreditation manager for each such program.

(B)

added 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)

added Lapse in accreditation—

(A)

added 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)

added 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)

added Definitions— In this section:

(A)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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

added

(a)

added 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:

added “811. Office of Inspector General

added “(a) Publication of reports

added “(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—

added “(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

added “(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.

added “(2) Public availability

added “(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.

added “(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.

added “(3) Requirement

added “(A) In general—The Inspector General of the Department may not redact any portion of a report submitted pursuant to paragraph (1).

added “(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.

added “(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:

added “(1) Information relating to the source of each such audit, inspection, or evaluation.

added “(2) Information regarding whether each such audit, inspection, or evaluation is being conducted independently, jointly, concurrently, or in some other manner.

added “(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.

added “(4) Information relating to the dates on which—

added “(A) each such audit, inspection, or evaluation was initiated;

added “(B) a draft report relating to each such audit, inspection, or evaluation is scheduled to be submitted to the Secretary for review; and

added “(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).

added “(5) An explanation for—

added “(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

added “(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.

added “(6) Data regarding tips and complaints made to the Inspector General Hotline of the Department or otherwise referred to the Department, including—

added “(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;

added “(B) actions taken by the Department to address or resolve each substantiated tip or complaint;

added “(C) the total amount of time it took the Department to so address or resolve each such substantiated tip or complaint;

added “(D) the total number of tips and complaints that are substantiated compared with the number of tips and complaints that are unsubstantiated; and

added “(E) the percentage of audits, inspections, and evaluations that are initiated as a result of tips and complaints made to the Inspector General Hotline.

added “(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.

added “(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)

added 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:

(c)

added Reports—

(1)

added 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)

added 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

added

(a)

added 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)

added Competition design—

(1)

added 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)

added Limitation— The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to consultations pursuant to this section.

(3)

added Prohibition— A person with whom the Director consults under paragraph (1) may not—

(A)

added receive pay by reason of being so consulted; or

(B)

added be considered an employee of the Federal Government by reason of so consulting.

(c)

added 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)

added 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)

added Competition parameters— Each competition shall incorporate the following elements:

(1)

added Cybersecurity skills outlined in the National Initiative for Cybersecurity Education Framework, or any successor framework.

(2)

added Individual and team events.

(3)

added 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)

added Any other elements related to paragraphs (1), (2), or (3) as determined necessary by the Director.

(f)

added Use of funds—

(1)

added 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)

added Advertising, marketing, and promoting the competition.

(B)

added Meals for participants and organizers of the competition if attendance at the meal during the competition is necessary to maintain the integrity of the competition.

(C)

added Promotional items, including merchandise and apparel.

(D)

added Monetary and nonmonetary awards for competition participants, including members of the uniformed services.

(E)

added Necessary expenses for the honorary recognition of competition participants, including members of the uniformed services.

(F)

added Any other appropriate activity necessary to carry out the competition, as determined by the Director.

(2)

added Application— This subsection shall apply to amounts appropriated on or after the date of the enactment of this Act.

(g)

added 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)

added 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)

added A description of available funds under subsection (f) for each competition conducted in the preceding year.

(2)

added A description of expenditures authorized in subsection (g) for each competition.

(3)

added Information relating to the participation of each competition.

(4)

added 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

added

(a)

added 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:

added “2220E. Industrial Control Systems Cybersecurity Training Initiative

added “(a) Establishment

added “(1) In general—The Industrial Control Systems Cybersecurity Training Initiative (in this section referred to as the “Initiative”) is established within the Agency.

added “(2) Purpose—The purpose of the Initiative is to develop and strengthen the skills of the cybersecurity workforce related to securing industrial control systems.

added “(b) Requirements—In carrying out the Initiative, the Director shall—

added “(1) ensure the Initiative includes—

added “(A) virtual and in-person trainings and courses provided at no cost to participants;

added “(B) trainings and courses available at different skill levels, including introductory level courses;

added “(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

added “(D) appropriate consideration regarding the availability of trainings and courses in different regions of the United States; and

added “(2) engage in—

added “(A) collaboration with the National Laboratories of the Department of Energy in accordance with section 309;

added “(B) consultation with Sector Risk Management Agencies; and

added “(C) as appropriate, consultation with private sector entities with relevant expertise, such as vendors of industrial control systems technologies.

added “(c) Reports

added “(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.

added “(2) Contents—Each report under paragraph (1) shall include the following:

added “(A) A description of the courses provided under the Initiative.

added “(B) A description of outreach efforts to raise awareness of the availability of such courses.

added “(C) Information on the number and demographics of participants in such courses, including by gender, race, and place of residence.

added “(D) Information on the participation in such courses of workers from each critical infrastructure sector.

added “(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.

added “(F) Recommendations on how to strengthen the state of industrial control systems cybersecurity education and training.”

(b)

added 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. 6737 TSA reaching across nationalities, societies, and languages to advance traveler education

added

(a)

added 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)

added Contents— The plan required under subsection (a) shall include the following:

(1)

added 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)

added A plan to improve—

(A)

added TSA materials to communicate information in languages identified pursuant to paragraph (1); and

(B)

added the communication of TSA material to individuals with vision or hearing impairments or other possible barriers to understanding such material.

(c)

added 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)

added International enplanements.

(2)

added Local populations surrounding major airports.

(3)

added Languages spoken by members of Indian Tribes within each service area population in which a major airport is located.

(d)

added 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)

added 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)

added Definitions— In this section:

(1)

added Airport— The term “airport” has the meaning given such term in section 40102 of title 49, United States Code.

(2)

added 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)

added Major airports— The term “major airports” means Category X and Category I airports.

(4)

added 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)

added 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)

added

(a)

added Development and dissemination—

(1)

added 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)

added 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)

added 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)

added 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)

added the impact of the best practices described in subsection (a) on efforts to protect the United States against terrorist attacks; and

(2)

added ways to improve and expand cooperation and engagement between—

(A)

added the Department of Homeland Security;

(B)

added Federal, State, local, and Tribal law enforcement agencies; and

(C)

added rental companies, dealers, and other relevant rental industry stakeholders.

(c)

added Definitions— In this section:

(1)

added The terms “dealer” and “rental company” have the meanings given those terms in section 30102 of title 49, United States Code.

(2)

added The term “covered rental vehicle” means a motor vehicle that—

(A)

added is rented without a driver for an initial term of less than 4 months; and

(B)

added 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

added

(a)

added Definitions— In this section:

(1)

added Administrator— The term “Administrator” means the Administrator of the Transportation Security Administration.

(2)

added Appropriate congressional committees— The term “appropriate congressional committees” means—

(A)

added the Committee on Homeland Security of the House of Representatives; and

(B)

added the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate.

(3)

added TSA— The term “TSA” means the Transportation Security Administration of the Department of Homeland Security.

(b)

added 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)

added the initial screening was conducted in accordance with an aviation security screening agreement described in subsection (e);

(2)

added passengers arriving from participating foreign airports are unable to access their checked baggage until the arrival at their final destination; and

(3)

added 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)

added 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)

added high risk passengers and their property;

(2)

added weapons, explosives, and incendiaries;

(3)

added 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)

added insider risk at foreign last point of departure airports.

(d)

added 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)

added Aviation security screening agreement— An aviation security screening agreement described in this subsection is a treaty, executive agreement, or other international arrangement that—

(1)

added

(A)

added in the case of a treaty or executive agreement, is signed by the President; and

(B)

added 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)

added 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)

added to be comparable to those of the United States; and

(B)

added 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)

added Re-screening requirement—

(1)

added 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)

added 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)

added 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)

added 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)

added an aviation security threat assessment for the country in which such foreign last point of departure airport is located;

(2)

added information regarding any corresponding mitigation efforts to address any security issues identified in such threat assessment, including any plans for joint covert testing;

(3)

added 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)

added an assessment of the impacts such pilot program will have on aviation security;

(5)

added 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)

added information regarding identifying the entity or entities responsible for screening passengers and property at such foreign last point of departure airport;

(7)

added the name of the entity or local authority and any contractor or subcontractor;

(8)

added information regarding the screening requirements relating to such aviation security screening agreement;

(9)

added 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)

added 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)

added 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)

added

(A)

added a certification that such agreement satisfies all of the requirements specified in subsection (c); or

(B)

added 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)

added 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)

added 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)

added 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)

added 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)

added the impact of such program on homeland security and international aviation security, including any benefits and challenges of such program;

(2)

added the impact of such program on passengers, airports, and air carriers, including any benefits and challenges of such program; and

(3)

added 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)

added 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)

added 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

added

(a)

added Counter illicit cross-border tunnel operations strategic plan—

(1)

added 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)

added Risk-based criteria to be used to prioritize the identification, breach, assessment, and remediation of illicit cross-border tunnels.

(B)

added Promote the use of innovative technologies to identify, breach, assess, and remediate illicit cross-border tunnels in a manner that, among other considerations, reduces the impact of such activities on surrounding communities.

(C)

added Processes to share relevant illicit cross-border tunnel location, operations, and technical information.

(D)

added 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)

added A counter illicit cross-border tunnel operations resource needs assessment that includes consideration of the following:

(i)

added Technology needs.

(ii)

added Staffing needs, including the following:

(I)

added A position description for counter illicit cross-border tunnel operations personnel.

(II)

added Any specialized skills required of such personnel.

(III)

added The number of such full time personnel, disaggregated by U.S. Border Patrol sector.

(2)

added 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)

added 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)

added the development of the strategic plan; and

(2)

added 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

added

(a)

added 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:

added “(C) How to use containment devices to prevent secondary exposure to fentanyl and other potentially lethal substances.”

(b)

added Availability of containment devices— Section 416(c) of the Homeland Security Act of 2002 (6 U.S.C. 216(c)) is amended—

(1)

added by striking “and” after “equipment” and inserting a comma; and

(2)

added by inserting “and containment devices” after “naloxone,”.

Sec. 6751 Technical, conforming, and clerical amendments

added

added The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by—

(1)

added amending the items relating to sections 435 and 436 to read as follows:

(2)

added amending the item relating to section 1617 to read as follows:

(3)

added amending the item relating to section 1621 to read as follows:

(4)

added amending the item relating to section 2103 to read as follows:

Sec. 6801 Definitions

added

added In this title:

(1)

added Administrator— The term “Administrator” means the Administrator of the Federal Emergency Management Agency.

(2)

added Agency— The term “Agency” means the Federal Emergency Management Agency.

(3)

added 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)

added 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)

added Equitable— The term “equitable” means having or exhibiting equity.

(6)

added Federal assistance— The term “Federal assistance” means assistance provided pursuant to—

(A)

added a declaration of a major disaster or emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act;

(B)

added sections 203 and 205 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act; and

(C)

added section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c).

(7)

added 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)

added Underserved community— The term “underserved community” means—

(A)

added the Native-American and Alaskan-Native community;

(B)

added the African-American community;

(C)

added the Asian community;

(D)

added the Hispanic community (including individuals of Mexican, Puerto Rican, Cuban, and Central or South American origin);

(E)

added the Pacific Islander community;

(F)

added the Middle Eastern and North African community;

(G)

added a rural community;

(H)

added a low-income community;

(I)

added individuals with disabilities;

(J)

added a limited English proficiency community;

(K)

added other individuals or communities otherwise adversely affected by persistent poverty or inequality; and

(L)

added any other disadvantaged community, as determined by the Administrator.

Sec. 6811 Data collection, analysis, and criteria

added

(a)

added 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)

added 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)

added information requirements;

(2)

added data sources and collection methods; and

(3)

added strategies for overcoming data or other information challenges.

(c)

added 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

added

(a)

added 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)

added Consultation— In developing and disseminating the criteria required under subsection (a), the Administrator shall consult with—

(1)

added the Office for Civil Rights and Civil Liberties of the Department of Homeland Security;

(2)

added the United States Department of Housing and Urban Development; and

(3)

added the Small Business Administration.

(c)

added Integration of criteria—

(1)

added 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)

added Priority— The Administrator shall prioritize integrating the criteria under paragraph (1) into processes related to the provision of—

(A)

added 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)

added Federal assistance to individuals and households under section 408 of such Act (42 U.S.C. 5174);

(C)

added hazard mitigation assistance under section 404 of such Act (42 U.S.C. 5170c); and

(D)

added predisaster hazard mitigation assistance under section 203 of such Act (42 U.S.C. 5133).

Sec. 6813 Metrics; report

added

(a)

added Metrics— In carrying out this subtitle, the Administrator shall—

(1)

added establish metrics to measure the efficacy of the process developed under section 6811 and the criteria developed under section 6812; and

(2)

added 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)

added 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)

added any obstacles identified or areas for improvement with respect to implementation of such criteria and processes, including any recommended legislative changes;

(2)

added the effectiveness of such criteria and processes, as measured by the metrics established under subsection (a); and

(3)

added 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

added

(a)

added 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)

added 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.

(c)

added Duties— In addition to advising the Administrator, the equity advisor designated under subsection (a) shall—

(1)

added participate in the implementation of sections 6811 and 6812;

(2)

added 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)

added 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)

added any other activities the Administrator considers appropriate.

(d)

added 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)

added community-based organizations;

(2)

added civil rights organizations;

(3)

added institutions of higher education;

(4)

added research institutions;

(5)

added academic organizations specializing in diversity, equity, and inclusion issues; and

(6)

added religious and faith-based organizations.

Sec. 6822 Equity Enterprise Steering Group

added

(a)

added 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)

added Responsibilities— In carrying out subsection (a), the steering group established under this section shall—

(1)

added review and, as appropriate, recommend changes to Agency-wide policies, procedures, plans, and guidance;

(2)

added support the development and implementation of the processes and criteria developed under subtitle A; and

(3)

added monitor the integration and establishment of metrics developed under section 6813.

(c)

added Composition— The Administrator shall appoint the following individuals as members of the steering group established under subsection (a):

(1)

added Representatives from each of the following offices of the Agency:

(A)

added The Office of Equal Rights.

(B)

added The Office of Response and Recovery.

(C)

added FEMA Resilience.

(D)

added The Office of Disability Integration and Coordination.

(E)

added The United States Fire Administration.

(F)

added The mission support office of the Agency.

(G)

added The Office of Chief Counsel.

(H)

added The Office of the Chief Financial Officer.

(I)

added The Office of Policy and Program Analysis.

(J)

added The Office of External Affairs.

(2)

added The administrator of each Regional Office, or his or her designee.

(3)

added The equity advisor, as designated by the Administrator under section 6821.

(4)

added A representative from the Office for Civil Rights and Civil Liberties of the Department of Homeland Security.

(5)

added The Superintendent of the Emergency Management Institute.

(6)

added The National Tribal Affairs Advisor of the Federal Emergency Management Agency.

(7)

added Any other official of the Agency the Administrator determines appropriate.

(d)

added 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

added

added 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

added

(a)

added 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)

added Contents— The report issued under subsection (a) shall include—

(1)

added an assessment of—

(A)

added the degree to which the factors the Agency considers when evaluating a request for a major disaster or emergency declaration—

(i)

added 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)

added are designed to deliver equitable outcomes;

(B)

added how the Agency utilizes such factors or monitors whether such factors result in equitable outcomes;

(C)

added 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)

added whether the process and administrative steps for conducting preliminary damage assessments are equitable; and

(E)

added 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)

added a consideration of the extent to which such factors affect underserved communities—

(A)

added of varying size;

(B)

added with varying population density and demographic characteristics;

(C)

added with limited emergency management staff and resources; and

(D)

added located in urban or rural areas.

(c)

added 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

added

added This title may be cited as the “Global Health Security Act of 2022”.

Sec. 6902 Findings

added

added Congress finds the following:

(1)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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

added

added It is the policy of the United States to—

(1)

added promote and invest in global health security and pandemic preparedness as a core national security interest;

(2)

added advance the aims of the Global Health Security Agenda;

(3)

added collaborate with other countries to detect and mitigate outbreaks early to prevent the spread of disease;

(4)

added encourage and support other countries to advance pandemic preparedness by investing in basic resilient and sustainable health care systems; and

(5)

added 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

added

(a)

added 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)

added Meetings— The Council shall meet not less than four times per year to advance its mission and fulfill its responsibilities.

(c)

added General responsibilities— The Council shall be responsible for the following activities:

(1)

added 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)

added Facilitate interagency, multi-sectoral engagement to carry out GHSA implementation.

(3)

added 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)

added

(A)

added 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)

added The Council shall consider, among other issues, the following:

(i)

added 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)

added 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)

added 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)

added 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)

added The Department of State.

(2)

added The Department of Defense.

(3)

added The Department of Justice.

(4)

added The Department of Agriculture.

(5)

added The Department of Health and Human Services.

(6)

added The Department of the Treasury.

(7)

added The Department of Labor.

(8)

added The Department of Homeland Security.

(9)

added The Office of Management and Budget.

(10)

added The Office of the Director of National Intelligence.

(11)

added The United States Agency for International Development.

(12)

added The Environmental Protection Agency.

(13)

added The Centers for Disease Control and Prevention.

(14)

added The Office of Science and Technology Policy.

(15)

added The National Institutes of Health.

(16)

added The National Institute of Allergy and Infectious Diseases.

(17)

added Such other agencies as the Council determines to be appropriate.

(e)

added Specific roles and responsibilities—

(1)

added In general— The heads of agencies described in subsection (d) shall—

(A)

added 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)

added designate a senior-level official to be responsible for the implementation of this title;

(C)

added designate, in accordance with subsection (d), an appropriate representative at the Assistant Secretary level or higher to participate on the Council;

(D)

added keep the Council apprised of GHSA-related activities undertaken within their respective agencies;

(E)

added 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)

added 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)

added coordinate across national health security action plans and with GHSA and other partners, as appropriate, to which the United States is providing assistance.

(2)

added 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

added

(a)

added 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)

added 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

added

added 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)

added 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)

added in providing assistance to implement the strategy required under section 6907(a), should—

(A)

added coordinate, through a whole-of-government approach, the efforts of relevant Federal departments and agencies to implement the strategy;

(B)

added 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)

added 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

added

(a)

added Strategy— The President shall coordinate the development and implementation of a strategy to implement the policy aims described in section 6903, which shall—

(1)

added 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)

added 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)

added 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)

added prioritize working with partner countries with demonstrated—

(A)

added 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

(B)

added 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;

(5)

added 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)

added 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)

added support and be aligned with country-owned global health security policy and investment plans developed with input from key stakeholders, as appropriate;

(8)

added facilitate communication and collaboration, as appropriate, among local stakeholders in support of a multi-sectoral approach to global health security;

(9)

added support the long-term success of programs by building the capacity of local organizations and institutions in target countries and communities;

(10)

added develop community resilience to infectious disease threats and emergencies;

(11)

added support global health budget and workforce planning in partner countries, including training in financial management and budget and global health data transparency;

(12)

added 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)

added 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)

added 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)

added support collaboration with and among relevant public and private research entities engaged in global health security; and

(16)

added support collaboration between United States universities and public and private institutions in partner countries that promote global health security and innovation.

(b)

added Strategy submission—

(1)

added 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)

added Agency-specific plans— The strategy required under subsection (a) shall include specific implementation plans from each relevant Federal department and agency that describe—

(A)

added the anticipated contributions of the department or agency, including technical, financial, and in-kind contributions, to implement the strategy; and

(B)

added 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.

(c)

added Report—

(1)

added 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)

added Contents— The report required under paragraph (1) shall—

(A)

added identify any substantial changes made in the strategy during the preceding calendar year;

(B)

added describe the progress made in implementing the strategy;

(C)

added 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)

added 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)

added describe how the strategy leverages other United States global health and development assistance programs and bilateral and multilateral institutions;

(F)

added assess efforts to coordinate United States global health security programs, activities, and initiatives with key stakeholders;

(G)

added 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)

added 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)

added 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

added

(a)

added 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)

added 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)

added an Advisory Board to the Fund in accordance with section 6909.

(b)

added 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)

added prioritizes capacity building and financing availability in eligible partner countries;

(2)

added incentivizes countries to prioritize the use of domestic resources for global health security and pandemic preparedness;

(3)

added leverages government, nongovernment, and private sector investments;

(4)

added regularly responds to and evaluates progress based on clear metrics and benchmarks, such as the Joint External Evaluation and Global Health Security Index;

(5)

added 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)

added 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.

(c)

added Executive board—

(1)

added 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)

added 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)

added be comprised only of contributors to the Fund at not less than the minimum threshold to be established pursuant to paragraph (1);

(B)

added determine operational procedures such that the Fund is able to effectively fulfill its mission; and

(C)

added provide oversight and accountability for the Fund in collaboration with the Inspector General to be established pursuant to section 6910(e)(1)(A).

(3)

added Composition— The Executive Board should include—

(A)

added 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)

added 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

(C)

added representatives of the World Health Organization, and the chair of the Global Health Security Steering Group.

(4)

added 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)

added Conflicts of interest—

(A)

added 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)

added 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)

added United states representation—

(A)

added In general—

(i)

added Founding permanent member— The Secretary of State shall seek to establish the United States as a founding permanent member of the Fund.

(ii)

added 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)

added Effective and termination dates—

(i)

added 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)

added Termination date— The membership established pursuant to subparagraph (A) shall terminate upon the date of termination of the Fund.

(7)

added 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)

added 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)

added 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)

added if concluded and submitted as a treaty, receiving the necessary consent of the Senate.

(9)

added Eligible partner country defined— In this section, the term “eligible partner country” means a country with demonstrated—

(A)

added 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)

added 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

added

(a)

added Program objectives—

(1)

added 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)

added 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)

added 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)

added Activities supported— The activities to be supported by the Fund should include efforts to—

(A)

added 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)

added support global health security budget planning in eligible partner countries, including training in financial management and budget and global health data transparency;

(C)

added strengthen the health security workforce, including hiring, training, and deploying experts to improve frontline preparedness for emerging epidemic and pandemic threats;

(D)

added improve infection control and the protection of healthcare workers within healthcare settings;

(E)

added combat the threat of antimicrobial resistance;

(F)

added strengthen laboratory capacity and promote biosafety and biosecurity through the provision of material and technical assistance;

(G)

added reduce the risk of bioterrorism, zoonotic disease spillover, and accidental biological release;

(H)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added develop and implement simulation exercises, produce and release after action reports, and address related gaps.

(3)

added 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)

added governments, civil society, faith-based, and nongovernmental organizations, research and academic institutions, and private sector entities in eligible partner countries;

(B)

added the pandemic early warning systems and emergency operations centers to be established under section 6909;

(C)

added the World Health Organization;

(D)

added the Global Health Security Agenda;

(E)

added the Global Health Security Initiative;

(F)

added the Global Fund to Fight AIDS, Tuberculosis, and Malaria;

(G)

added the United Nations Office for the Coordination of Humanitarian Affairs, UNICEF, and other relevant funds, programs, and specialized agencies of the United Nations;

(H)

added Gavi, the Vaccine Alliance;

(I)

added the Coalition for Epidemic Preparedness Innovations (CEPI);

(J)

added the Global Polio Eradication Initiative; and

(K)

added the United States Coordinator for Global Health Security and Diplomacy established under section 5.

(b)

added Priority— In providing assistance under this section, the Fund should give priority to low-and lower-middle income countries with—

(1)

added low scores on the Global Health Security Index classification of health systems;

(2)

added measurable gaps in global health security and pandemic preparedness identified under Joint External Evaluations and national action plans for health security;

(3)

added demonstrated political and financial commitment to pandemic preparedness; and

(4)

added 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)

added Eligible grant recipients— Governments and nongovernmental organizations should be eligible to receive grants as described in this section.

Sec. 6910 Fund administration

added

(a)

added 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)

added 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)

added 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)

added 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)

added seek agreement on the criteria that should be used to determine the programs and activities that should be assisted by the Fund.

(d)

added Selection of partner countries, projects, and recipients— The Executive Board should establish—

(1)

added 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)

added 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)

added criteria for the selection of projects to receive support from the Fund;

(4)

added standards and criteria regarding qualifications of recipients of such support;

(5)

added such rules and procedures as may be necessary for cost-effective management of the Fund; and

(6)

added such rules and procedures as may be necessary to ensure transparency and accountability in the grant-making process.

(e)

added Additional transparency and accountability requirements—

(1)

added Inspector general—

(A)

added 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)

added Sense of congress on corruption— It is the sense of Congress that—

(i)

added corruption within global health programs contribute directly to the loss of human life and cannot be tolerated; and

(ii)

added 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)

added 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)

added 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

added

(a)

added In general— There should be an Advisory Board to the Fund.

(b)

added Appointments— The members of the Advisory Board should be composed of—

(1)

added individuals with experience and leadership in the fields of development, global health, epidemiology, medicine, biomedical research, and social sciences; and

(2)

added 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)

added 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)

added Prohibition on payment of compensation—

(1)

added 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)

added 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)

added 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

added

(a)

added 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)

added Annual report—

(1)

added 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)

added Report elements— The report shall include a description of—

(A)

added the goals of the Fund;

(B)

added the programs, projects, and activities supported by the Fund;

(C)

added private and governmental contributions to the Fund; and

(D)

added the criteria utilized to determine the programs and activities that should be assisted by the Fund.

(c)

added 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)

added the effectiveness of the programs, projects, and activities supported by the Fund; and

(2)

added an assessment of the merits of continued United States participation in the Fund.

Sec. 6913 United States contributions

added

(a)

added 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)

added 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)

added the amount of the proposed contribution;

(2)

added the total of funds contributed by other donors; and

(3)

added the national interests served by United States participation in the Fund.

(c)

added 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)

added Withholdings—

(1)

added 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)

added 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)

added 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

added

added 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)

added in subparagraph (D), by striking “and” at the end;

(2)

added in subparagraph (E), by striking the period at the end and inserting “; and”; and

(3)

added by adding at the end the following:

added “(F) the Global Health Security Act of 2022.”

Sec. 6915 Definitions

added

added In this title:

(1)

added Appropriate congressional committees— The term “appropriate congressional Committees” means—

(A)

added the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and

(B)

added the Committee on Foreign Relations and the Committee on Appropriations of the Senate.

(2)

added 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

added

added 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

added

(a)

added 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)

added Subsequent periods—

(1)

added 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)

added 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)

added Forced repatriation, intimidation, or killing of dissidents in other countries.

(B)

added 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)

added Torture of detainees in the custody of the Government of Saudi Arabia.

(c)

added 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)

added the defense of the territory of Saudi Arabia from external threats; or

(2)

added the defense of United States military or diplomatic personnel or United States facilities located in Saudi Arabia.

(d)

added Waiver—

(1)

added 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)

added a determination of the President that such a waiver is in the vital national security interests of the United States; and

(B)

added a detailed justification for the use of such waiver and the reasons why the restrictions in this section cannot be met.

(2)

added Form— The report required by this subsection shall be submitted in unclassified form but may contain a classified annex.

(e)

added Sunset— This section shall terminate on the date that is 3 years after the date of the enactment of this Act.

(f)

added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—

(1)

added the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on Armed Services of the House of Representatives; and

(2)

added 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

added

(a)

added Findings— Congress finds the following:

(1)

added 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)

added 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)

added 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)

added 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)

added whether any United States-origin defense articles were used in the activities described in paragraph (1).

(c)

added Form— The report required by subsection (b) shall be submitted in unclassified form but may contain a classified annex.

(d)

added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—

(1)

added the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and

(2)

added 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

added

(a)

added 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)

added Certification—

(1)

added 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)

added Failure to submit certification— If the President does not submit a certification under paragraph (1), the President shall—

(A)

added close one or more covered facilities for such period of time until the President does submit such a certification; and

(B)

added submit to the appropriate congressional committee a report that contains—

(i)

added a detailed explanation of why the President is unable to make such a certification;

(ii)

added 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)

added 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)

added 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)

added Waiver—

(1)

added 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)

added a determination of the President that such a waiver is in the vital national security interests of the United States; and

(B)

added a detailed justification for the use of such waiver and the reasons why the restrictions in this section cannot be met.

(2)

added Form— The report required by this subsection shall be submitted in unclassified form but may contain a classified annex.

(e)

added Sunset— This section shall terminate on the date that is 3 years after the date of the enactment of this Act.

(f)

added Definitions— In this section:

(1)

added The term “appropriate congressional committees” means—

(A)

added the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and

(B)

added the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate.

(2)

added The term “covered facility” means a diplomatic or consular facility of Saudi Arabia in the United States.

(3)

added 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

added

(a)

added Findings— Congress finds that Intelligence Community Directive 191 provides that—

(1)

added 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)

added 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)

added 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)

added 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)

added 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)

added Form— The report required by subsection (b) shall be submitted in unclassified form but may contain a classified annex.

(d)

added Definitions— In this section:

(1)

added The term “appropriate congressional committees” means—

(A)

added the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and

(B)

added the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate.

(2)

added The term “duty to warn” has the meaning given that term in Intelligence Community Directive 191, as in effect on July 21, 2015.

(3)

added 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)

added 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

added

added In subtitles A through D, the term State means the State of Colorado.

Sec. 7111 Definitions

added

added In this subtitle:

(1)

added 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)

added Historic landscape— The term Historic Landscape means the Camp Hale National Historic Landscape designated by section 7118(a).

(3)

added Recreation management area— The term Recreation Management Area means the Tenmile Recreation Management Area designated by section 7114(a).

(4)

added Secretary— The term Secretary means the Secretary of Agriculture.

(5)

added Wildlife conservation area— The term Wildlife Conservation Area means, as applicable—

(A)

added the Porcupine Gulch Wildlife Conservation Area designated by section 7115(a);

(B)

added the Williams Fork Mountains Wildlife Conservation Area designated by section 7116(a); and

(C)

added the Spraddle Creek Wildlife Conservation Area designated by section 7117(a).

Sec. 7112 Colorado Wilderness additions

added

(a)

added Designation— Section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103–77) is amended—

(1)

added 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)

added by adding at the end the following:

added “(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).

added “(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”.

added “(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”.

added “(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)

added 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)

added 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)

added 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)

added section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and

(2)

added 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)

added 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

added

(a)

added 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)

added 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)

added the Wilderness Act (16 U.S.C. 1131 et seq.); and

(2)

added this section.

(c)

added Livestock use of vacant allotments—

(1)

added 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)

added the “Big Hole Allotment”; and

(B)

added the “Blue Ridge Allotment”.

(2)

added 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)

added 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)

added Range improvements—

(1)

added 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)

added 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)

added Designation as wilderness—

(1)

added Designation— The potential wilderness area designated by subsection (a) shall be designated as wilderness, to be known as the “Williams Fork Mountains Wilderness”—

(A)

added effective not earlier than the date that is 180 days after the date of enactment this Act; and

(B)

added on the earliest of—

(i)

added 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)

added the date described in subsection (d)(2); and

(iii)

added the effective date of a determination of the Secretary not to authorize livestock grazing or other use by livestock under subsection (c)(1).

(2)

added 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

added

(a)

added 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)

added 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.

(c)

added Management—

(1)

added In general— The Secretary shall manage the Recreation Management Area—

(A)

added in a manner that conserves, protects, and enhances—

(i)

added the purposes of the Recreation Management Area described in subsection (b); and

(ii)

added recreation opportunities, including mountain biking, hiking, fishing, horseback riding, snowshoeing, climbing, skiing, camping, and hunting; and

(B)

added in accordance with—

(i)

added the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.);

(ii)

added any other applicable laws (including regulations); and

(iii)

added this section.

(2)

added Uses—

(A)

added 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)

added Vehicles—

(i)

added 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)

added New or temporary roads— Except as provided in clause (iii), no new or temporary road shall be constructed in the Recreation Management Area.

(iii)

added Exceptions— Nothing in clause (i) or (ii) prevents the Secretary from—

(I)

added rerouting or closing an existing road or trail to protect natural resources from degradation, as the Secretary determines to be appropriate;

(II)

added authorizing the use of motorized vehicles for administrative purposes or roadside camping;

(III)

added constructing temporary roads or permitting the use of motorized vehicles to carry out pre- or post-fire watershed protection projects;

(IV)

added authorizing the use of motorized vehicles to carry out any activity described in subsection (d), (e)(1), or (f); or

(V)

added responding to an emergency.

(C)

added Commercial timber—

(i)

added 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)

added 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)

added 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)

added Water—

(1)

added 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)

added water management infrastructure in existence on the date of enactment of this Act; or

(B)

added any future infrastructure necessary for the development or exercise of water rights decreed before the date of enactment of this Act.

(2)

added 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)

added Permits— Nothing in this section affects—

(1)

added any permit held by a ski area or other entity; or

(2)

added 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

added

(a)

added 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)

added Purposes— The purposes of the Wildlife Conservation Area are—

(1)

added to conserve and protect a wildlife migration corridor over Interstate 70; and

(2)

added 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.

(c)

added Management—

(1)

added In general— The Secretary shall manage the Wildlife Conservation Area—

(A)

added in a manner that conserves, protects, and enhances the purposes described in subsection (b); and

(B)

added in accordance with—

(i)

added the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.);

(ii)

added any other applicable laws (including regulations); and

(iii)

added this section.

(2)

added Uses—

(A)

added 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)

added 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).

(C)

added Motorized vehicles and mechanized transport; new or temporary roads—

(i)

added 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)

added 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)

added Exceptions— Nothing in clause (i) or (ii) prevents the Secretary from—

(I)

added authorizing the use of motorized vehicles or mechanized transport for administrative purposes;

(II)

added constructing temporary roads or permitting the use of motorized vehicles or mechanized transport to carry out pre- or post-fire watershed protection projects;

(III)

added authorizing the use of motorized vehicles or mechanized transport to carry out activities described in subsection (d) or (e); or

(IV)

added responding to an emergency.

(D)

added Commercial timber—

(i)

added 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)

added 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)

added 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)

added 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)

added 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

added

(a)

added 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)

added 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.

(c)

added Management—

(1)

added In general— The Secretary shall manage the Wildlife Conservation Area—

(A)

added in a manner that conserves, protects, and enhances the purposes described in subsection (b); and

(B)

added in accordance with—

(i)

added the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.);

(ii)

added any other applicable laws (including regulations); and

(iii)

added this section.

(2)

added Uses—

(A)

added 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)

added Motorized vehicles—

(i)

added 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)

added New or temporary roads— Except as provided in clause (iii), no new or temporary road shall be constructed in the Wildlife Conservation Area.

(iii)

added Exceptions— Nothing in clause (i) or (ii) prevents the Secretary from—

(I)

added authorizing the use of motorized vehicles for administrative purposes;

(II)

added authorizing the use of motorized vehicles to carry out activities described in subsection (d); or

(III)

added responding to an emergency.

(C)

added Bicycles— The use of bicycles in the Wildlife Conservation Area shall be limited to designated roads and trails.

(D)

added Commercial timber—

(i)

added 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)

added 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)

added 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)

added 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)

added 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

added

(a)

added 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”).

(b)

added 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.

(c)

added Management—

(1)

added In general— The Secretary shall manage the Wildlife Conservation Area—

(A)

added in a manner that conserves, protects, and enhances the purposes described in subsection (b); and

(B)

added in accordance with—

(i)

added the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.);

(ii)

added any other applicable laws (including regulations); and

(iii)

added this subtitle.

(2)

added Uses—

(A)

added 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)

added 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.

(C)

added Roads—

(i)

added In general— Except as provided in clause (ii), no road shall be constructed in the Wildlife Conservation Area.

(ii)

added Exceptions— Nothing in clause (i) prevents the Secretary from—

(I)

added 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)

added responding to an emergency.

(iii)

added 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)

added Commercial timber—

(i)

added 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)

added 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)

added 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)

added 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

added

(a)

added 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)

added Purposes— The purposes of the Historic Landscape are—

(1)

added to provide for—

(A)

added 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)

added the preservation of the historic resources of the Historic Landscape, consistent with the other purposes of the Historic Landscape;

(C)

added 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)

added 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)

added 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.

(c)

added Management—

(1)

added In general— The Secretary shall manage the Historic Landscape in accordance with—

(A)

added the purposes of the Historic Landscape described in subsection (b); and

(B)

added any other applicable laws (including regulations).

(2)

added Management plan—

(A)

added 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)

added Contents— The management plan prepared under subparagraph (A) shall include plans for—

(i)

added 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)

added conducting historic preservation and veteran outreach and engagement activities;

(iii)

added managing recreational opportunities, including the use and stewardship of—

(I)

added the road and trail systems; and

(II)

added dispersed recreation resources;

(iv)

added the conservation, protection, restoration, or enhancement of the scenic, watershed, and ecological resources of the Historic Landscape, including—

(I)

added conducting the restoration and enhancement project under subsection (d);

(II)

added forest fuels, wildfire, and mitigation management; and

(III)

added watershed health and protection;

(v)

added environmental remediation and, consistent with subsection (e)(2), the removal of unexploded ordnance; and

(vi)

added managing the Historic Landscape in accordance with subsection (g).

(3)

added 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)

added Camp hale restoration and enhancement project—

(1)

added In general— The Secretary shall conduct a restoration and enhancement project in the Historic Landscape—

(A)

added to improve aquatic, riparian, and wetland conditions in and along the Eagle River and tributaries of the Eagle River;

(B)

added to maintain or improve recreation and interpretive opportunities and facilities; and

(C)

added to conserve historic values in the Camp Hale area.

(2)

added 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)

added the Corps of Engineers;

(B)

added the Camp Hale-Eagle River Headwaters Collaborative Group;

(C)

added the National Forest Foundation;

(D)

added the Colorado Department of Public Health and Environment;

(E)

added the Colorado State Historic Preservation Office;

(F)

added the Colorado Department of Natural Resources;

(G)

added units of local government; and

(H)

added other interested organizations and members of the public.

(e)

added Environmental remediation—

(1)

added 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)

added the Camp Hale Formerly Used Defense Site; or

(B)

added the Camp Hale historic cantonment area.

(2)

added Removal of unexploded ordnance—

(A)

added 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)

added 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)

added the program for environmental restoration of formerly used defense sites under section 2701 of title 10, United States Code;

(ii)

added the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); and

(iii)

added any other applicable provision of law (including regulations).

(3)

added 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)

added the program for environmental restoration of formerly used defense sites under section 2701 of title 10, United States Code;

(B)

added the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); or

(C)

added any other applicable provision of law (including regulations).

(f)

added 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)

added to specify—

(A)

added the activities of the Secretary relating to the management of the Historic Landscape; and

(B)

added 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)

added 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)

added Effect— Nothing in this section—

(1)

added affects the jurisdiction of the State over any water law, water right, or adjudication or administration relating to any water resource;

(2)

added affects any water right in existence on the date of enactment of this Act, or the exercise of such a water right, including—

(A)

added a water right subject to an interstate water compact (including full development of any apportionment made in accordance with such a compact);

(B)

added a water right decreed within, above, below, or through the Historic Landscape;

(C)

added 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)

added that is consistent with the purposes described in subsection (b); and

(ii)

added 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)

added a water right held by the United States;

(E)

added the management or operation of any reservoir, including the storage, management, release, or transportation of water; and

(F)

added 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)

added constitutes an express or implied reservation by the United States of any reserved or appropriative water right;

(4)

added affects—

(A)

added any permit held by a ski area or other entity; or

(B)

added the implementation of associated activities or facilities authorized by law or permit outside the boundaries of the Historic Landscape;

(5)

added 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)

added affects—

(A)

added any special use permit in effect on the date of enactment of this Act; or

(B)

added the renewal of a permit described in subparagraph (A).

(h)

added 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)

added 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

added

(a)

added 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)

added 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

added

(a)

added 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)

added 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:

added “(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

added

(a)

added 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)

added No buffer zones—

(1)

added In general— Nothing in this subtitle or an amendment made by this subtitle establishes a protective perimeter or buffer zone around—

(A)

added a covered area;

(B)

added a wilderness area or potential wilderness area designated by section 7113;

(C)

added the Recreation Management Area;

(D)

added a Wildlife Conservation Area; or

(E)

added the Historic Landscape.

(2)

added 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).

(c)

added Tribal rights and uses—

(1)

added Treaty rights— Nothing in this subtitle affects the treaty rights of an Indian Tribe.

(2)

added 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)

added for traditional ceremonies; and

(B)

added as a source of traditional plants and other materials.

(d)

added Maps and legal descriptions—

(1)

added 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)

added the Committee on Natural Resources of the House of Representatives; and

(B)

added the Committee on Energy and Natural Resources of the Senate.

(2)

added 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)

added correct any typographical errors in the maps and legal descriptions; and

(B)

added 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)

added 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)

added Acquisition of land—

(1)

added 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)

added 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)

added Withdrawal— Subject to valid existing rights, the areas described in subsection (b)(1) are withdrawn from—

(1)

added entry, appropriation, and disposal under the public land laws;

(2)

added location, entry, and patent under mining laws; and

(3)

added operation of the mineral leasing, mineral materials, and geothermal leasing laws.

(g)

added Military overflights— Nothing in this subtitle or an amendment made by this subtitle restricts or precludes—

(1)

added 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)

added flight testing or evaluation over an area described in paragraph (1); or

(3)

added the use or establishment of—

(A)

added any new unit of special use airspace over an area described in paragraph (1); or

(B)

added any military flight training or transportation over such an area.

(h)

added 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

added

added In this subtitle:

(1)

added Covered land— The term covered land means—

(A)

added 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)

added a Special Management Area.

(2)

added Secretary— The term Secretary means the Secretary of Agriculture.

(3)

added Special management area— The term Special Management Area means each of—

(A)

added the Sheep Mountain Special Management Area designated by section 7133(a)(1); and

(B)

added the Liberty Bell East Special Management Area designated by section 7133(a)(2).

Sec. 7132 Additions to National Wilderness Preservation System

added

added 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:

added “(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.

added “(28) Mount sneffels wilderness additions

added “(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.

added “(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.

added “(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

added

(a)

added Designation—

(1)

added 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)

added 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)

added 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.

(c)

added Management—

(1)

added In general— The Secretary shall manage the Special Management Areas in a manner that—

(A)

added conserves, protects, and enhances the resources and values of the Special Management Areas described in subsection (b);

(B)

added 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

(C)

added is in accordance with—

(i)

added the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.);

(ii)

added this subtitle; and

(iii)

added any other applicable laws.

(2)

added Prohibitions— The following shall be prohibited in the Special Management Areas:

(A)

added Permanent roads.

(B)

added 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)

added the use of motor vehicles, motorized equipment, or mechanical transport (other than as provided in paragraph (3)); and

(ii)

added the establishment of temporary roads.

(3)

added Authorized activities—

(A)

added 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)

added 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.

(C)

added Bicycles— The Secretary may permit the use of bicycles in—

(i)

added 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)

added 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)

added 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)

added 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)

added 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

added

(a)

added Dominguez canyon wilderness study area— Subtitle E of title II of Public Law 111–11 is amended—

(1)

added by redesignating section 2408 (16 U.S.C. 460zzz–7) as section 2409; and

(2)

added by inserting after section 2407 (16 U.S.C. 460zzz–6) the following:

added “2408. Release

added “(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.

added “(b) Release—Any public land referred to in subsection (a) that is not designated as wilderness by this subtitle—

added “(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

added “(2) shall be managed in accordance with this subtitle and any other applicable laws.”

(b)

added McKenna peak wilderness study area—

(1)

added 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)

added 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)

added 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)

added shall be managed in accordance with applicable laws.

Sec. 7135 Administrative provisions

added

(a)

added 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)

added No buffer zones—

(1)

added In general— Nothing in this subtitle establishes a protective perimeter or buffer zone around covered land.

(2)

added 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.

(c)

added Tribal rights and uses—

(1)

added 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)

added 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)

added for traditional ceremonies; and

(B)

added as a source of traditional plants and other materials.

(d)

added Maps and legal descriptions—

(1)

added 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)

added the Committee on Natural Resources of the House of Representatives; and

(B)

added the Committee on Energy and Natural Resources of the Senate.

(2)

added 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)

added 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)

added Acquisition of land—

(1)

added 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)

added 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)

added 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)

added section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and

(2)

added 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)

added 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)

added 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)

added entry, appropriation, and disposal under the public land laws;

(2)

added location, entry, and patent under mining laws; and

(3)

added operation of the mineral leasing, mineral materials, and geothermal leasing laws.

Sec. 7141 Purposes

added

added The purposes of this subtitle are—

(1)

added 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)

added to promote the capture of fugitive methane emissions that would otherwise be emitted into the atmosphere.

Sec. 7142 Definitions

added

added In this subtitle:

(1)

added 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)

added an active or inactive coal mine subject to a Federal coal lease; or

(B)

added an abandoned underground coal mine or the site of a former coal mine—

(i)

added that is not subject to a Federal coal lease; and

(ii)

added with respect to which the Federal interest in land includes mineral rights to the methane gas.

(2)

added 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)

added 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)

added Secretary— The term Secretary means the Secretary of the Interior.

(5)

added Thompson divide lease—

(A)

added 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)

added Exclusions— The term Thompson Divide lease does not include any oil or gas lease that—

(i)

added is associated with a Wolf Creek Storage Field development right; or

(ii)

added before the date of enactment of this Act, has expired, been cancelled, or otherwise terminated.

(6)

added Thompson divide map— The term Thompson Divide map means the map entitled “Greater Thompson Divide Area Map” and dated November 5, 2021.

(7)

added 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)

added Wolf creek storage field development right—

(A)

added 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)

added 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

added

(a)

added Withdrawal— Subject to valid existing rights, the Thompson Divide Withdrawal and Protection Area is withdrawn from—

(1)

added entry, appropriation, and disposal under the public land laws;

(2)

added location, entry, and patent under the mining laws; and

(3)

added operation of the mineral leasing, mineral materials, and geothermal leasing laws.

(b)

added 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)

added Grazing— Nothing in this subtitle affects the administration of grazing in the Thompson Divide Withdrawal and Protection Area.

Sec. 7144 Thompson Divide lease credits

added

(a)

added 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)

added Amount of credits—

(1)

added 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)

added be equal to the sum of—

(i)

added the amount of the bonus bids paid for the applicable Thompson Divide leases;

(ii)

added 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)

added 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)

added require the approval of the Secretary.

(2)

added 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)

added legal fees or related expenses for legal work with respect to a Thompson Divide lease; or

(B)

added any expenses incurred before the issuance of a Thompson Divide lease.

(c)

added Cancellation— Effective on relinquishment under this section, and without any additional action by the Secretary, a Thompson Divide lease—

(1)

added shall be permanently cancelled; and

(2)

added shall not be reissued.

(d)

added Conditions—

(1)

added Applicable law— Except as otherwise provided in this section, each exchange under this section shall be conducted in accordance with—

(A)

added this subtitle; and

(B)

added other applicable laws (including regulations).

(2)

added 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)

added 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)

added 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)

added section 35 of the Mineral Leasing Act (30 U.S.C. 191); and

(B)

added section 20 of the Geothermal Steam Act of 1970 (30 U.S.C. 1019).

(e)

added Wolf creek storage field development rights—

(1)

added 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)

added Credits—

(A)

added 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)

added Approval— Any credits for a transfer of the development rights under paragraph (1), shall be subject to—

(i)

added the exclusion described in subsection (b)(2);

(ii)

added the conditions described in subsection (d); and

(iii)

added the approval of the Secretary.

(3)

added Limitation of transfer— Development rights acquired by the Secretary under paragraph (1)—

(A)

added shall be held for as long as the parent leases in the Wolf Creek Storage Field remain in effect; and

(B)

added shall not be—

(i)

added transferred;

(ii)

added reissued; or

(iii)

added otherwise used for mineral extraction.

Sec. 7145 Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot Program

added

(a)

added Fugitive coal mine methane use pilot program—

(1)

added 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)

added Purpose— The purpose of the pilot program is to promote the capture, beneficial use, mitigation, and sequestration of fugitive methane emissions—

(A)

added to reduce methane emissions;

(B)

added to promote economic development;

(C)

added to improve air quality; and

(D)

added to improve public safety.

(3)

added Plan—

(A)

added In general— Not later than 180 days after the date of enactment of this Act, the Secretary shall develop a plan—

(i)

added to complete an inventory of fugitive methane emissions in accordance with subsection (b);

(ii)

added to provide for the leasing of fugitive methane emissions in accordance with subsection (c); and

(iii)

added to provide for the capping or destruction of fugitive methane emissions in accordance with subsection (d).

(B)

added Coordination— In developing the plan under this paragraph, the Secretary shall coordinate with—

(i)

added the State;

(ii)

added Garfield, Gunnison, Delta, and Pitkin Counties in the State;

(iii)

added lessees of Federal coal within the counties referred to in clause (ii);

(iv)

added interested institutions of higher education in the State; and

(v)

added interested members of the public.

(b)

added Fugitive methane emissions inventory—

(1)

added 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)

added Conduct—

(A)

added Collaboration— The Secretary may conduct the inventory under paragraph (1) through, or in collaboration with—

(i)

added the Bureau of Land Management;

(ii)

added the United States Geological Survey;

(iii)

added the Environmental Protection Agency;

(iv)

added the United States Forest Service;

(v)

added State departments or agencies;

(vi)

added Garfield, Gunnison, Delta, or Pitkin County in the State;

(vii)

added the Garfield County Federal Mineral Lease District;

(viii)

added institutions of higher education in the State;

(ix)

added lessees of Federal coal within a county referred to in subparagraph (F);

(x)

added the National Oceanic and Atmospheric Administration;

(xi)

added the National Center for Atmospheric Research; or

(xii)

added other interested entities, including members of the public.

(B)

added Federal split estate—

(i)

added In general— In conducting the inventory under paragraph (1) for Federal minerals on split estate land, the Secretary shall rely on available data.

(ii)

added Limitation— Nothing in this section requires or authorizes the Secretary to enter or access private land to conduct the inventory under paragraph (1).

(3)

added Contents— The inventory conducted under paragraph (1) shall include—

(A)

added the general location and geographic coordinates of vents, seeps, or other sources producing significant fugitive methane emissions;

(B)

added 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;

(C)

added relevant data and other information available from—

(i)

added the Environmental Protection Agency;

(ii)

added the Mine Safety and Health Administration;

(iii)

added the Colorado Department of Natural Resources;

(iv)

added the Colorado Public Utility Commission;

(v)

added the Colorado Department of Health and Environment; and

(vi)

added the Office of Surface Mining Reclamation and Enforcement; and

(D)

added such other information as may be useful in advancing the purposes of the pilot program.

(4)

added Public participation; disclosure—

(A)

added Public participation— The Secretary shall, as appropriate, provide opportunities for public participation in the conduct of the inventory under paragraph (1).

(B)

added Availability— The Secretary shall make the inventory conducted under paragraph (1) publicly available.

(C)

added Disclosure— Nothing in this subsection requires the Secretary to publicly release information that—

(i)

added poses a threat to public safety;

(ii)

added is confidential business information; or

(iii)

added is otherwise protected from public disclosure.

(5)

added Impact on coal mines subject to lease—

(A)

added 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)

added Effect— Nothing in this section requires the holder of a Federal coal lease to report additional data or information to the Secretary.

(6)

added Use— The Secretary shall use the inventory conducted under paragraph (1) in carrying out—

(A)

added the leasing program under subsection (c); and

(B)

added the capping or destruction of fugitive methane emissions under subsection (d).

(c)

added Fugitive methane emissions leasing program and sequestration—

(1)

added 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)

added Fugitive methane emissions from coal mines subject to lease—

(A)

added 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)

added Conditions— The authority under subparagraph (A) shall be subject to—

(i)

added valid existing rights; and

(ii)

added such terms and conditions as the Secretary may require.

(C)

added 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)

added endanger the safety of any coal mine worker; or

(ii)

added unreasonably interfere with any ongoing operation at a coal mine.

(D)

added Cooperation—

(i)

added 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)

added 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)

added if the beneficial use of the fugitive methane emissions is not feasible, the destruction of the fugitive methane emissions.

(ii)

added 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)

added 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)

added Fugitive methane emissions from land not subject to a Federal coal lease—

(A)

added 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)

added authorize the capture for use or destruction of fugitive methane emissions; and

(ii)

added make available for leasing such fugitive methane emissions as the Secretary determines to be in the public interest.

(B)

added 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)

added Bid qualifications— A bid to lease fugitive methane emissions under this paragraph shall specify whether the prospective lessee intends—

(i)

added 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)

added to destroy the fugitive methane emissions; or

(iii)

added to employ a specific combination of—

(I)

added capturing the fugitive methane emissions for beneficial use; and

(II)

added destroying the fugitive methane emissions.

(D)

added Priority—

(i)

added 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)

added Considerations— In determining the public interest under clause (i), the Secretary shall take into consideration—

(I)

added the overall decrease in the fugitive methane emissions;

(II)

added the impacts to other natural resource values, including wildlife, water, and air; and

(III)

added other public interest values, including scenic, economic, recreation, and cultural values.

(E)

added Lease form—

(i)

added In general— The Secretary shall develop and provide to prospective bidders a lease form for leases issued under this paragraph.

(ii)

added 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)

added 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)

added 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)

added to provide incentives for new leases under subsection (c)(3);

(2)

added 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)

added 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)

added 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)

added the economic and environmental impacts of the pilot program, including information on increased royalties and estimates of avoided greenhouse gas emissions; and

(2)

added any recommendations of the Secretary on whether the pilot program could be expanded to include—

(A)

added 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)

added the leasing of natural methane seeps under the activities authorized pursuant to subsection (c)(3).

Sec. 7146 Effect

added

added Except as expressly provided in this subtitle, nothing in this subtitle—

(1)

added 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)

added prevents the capture of methane from any active, inactive, or abandoned coal mine covered by this subtitle, in accordance with applicable laws; or

(3)

added 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

added

added In this subtitle:

(1)

added Map— The term map means the map entitled “Curecanti National Recreation Area, Proposed Boundary”, numbered 616/100,485D, and dated April 25, 2022 .

(2)

added National recreation area— The term National Recreation Area means the Curecanti National Recreation Area established by section 7152(a).

(3)

added Secretary— The term Secretary means the Secretary of the Interior.

Sec. 7152 Curecanti National Recreation Area

added

(a)

added 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)

added Availability of map— The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.

(c)

added Administration—

(1)

added In general— The Secretary shall administer the National Recreation Area in accordance with—

(A)

added this subtitle; and

(B)

added 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)

added Dam, power plant, and reservoir management and operations—

(A)

added In general— Nothing in this subtitle affects or interferes with the authority of the Secretary—

(i)

added to operate the Uncompahgre Valley Reclamation Project under the reclamation laws;

(ii)

added 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)

added under the Federal Water Project Recreation Act (16 U.S.C. 460l–12 et seq.).

(B)

added Reclamation land—

(i)

added 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)

added approve, approve with modifications, or disapprove the request; and

(II)

added 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)

added Transfer of land—

(I)

added 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)

added Access to transferred land—

(aa)

added 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)

added 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)

added Management agreements—

(A)

added 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)

added 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)

added Recreational activities—

(A)

added 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)

added Closures; designated zones—

(i)

added 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)

added 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)

added the appropriate State agency responsible for hunting and fishing activities; and

(II)

added the Board of County Commissioners in each county in which the zone is proposed to be designated.

(5)

added 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)

added 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)

added by providing technical assistance to the individual, including cooperative assistance;

(C)

added through available grant programs; and

(D)

added by supporting conservation easement opportunities.

(6)

added Incorporation of acquired land and interests— Any land or interest in land acquired by the United States under paragraph (5) shall—

(A)

added become part of the National Recreation Area; and

(B)

added be managed in accordance with this subtitle.

(7)

added 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)

added entry, appropriation, and disposal under the public land laws;

(B)

added location, entry, and patent under the mining laws; and

(C)

added operation of the mineral leasing, mineral materials, and geothermal leasing laws.

(8)

added Grazing—

(A)

added State land subject to a state grazing lease—

(i)

added 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)

added 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)

added 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)

added 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)

added Federal land— The Secretary shall—

(i)

added 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)

added retain all authorities to manage grazing in the National Recreation Area.

(E)

added Termination of leases— Within the National Recreation Area, the Secretary may—

(i)

added accept the voluntary termination of a lease or permit for grazing; or

(ii)

added in the case of a lease or permit vacated for a period of 3 or more years, terminate the lease or permit.

(9)

added Water rights— Nothing in this subtitle—

(A)

added 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)

added 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;

(C)

added affects any interstate water compact in existence on the date of enactment of this Act;

(D)

added 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)

added constitutes an express or implied Federal reservation of any water or water rights with respect to the National Recreation Area.

(10)

added Fishing easements—

(A)

added 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)

added 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)

added 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)

added 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)

added Tribal rights and uses—

(1)

added Treaty rights— Nothing in this subtitle affects the treaty rights of any Indian Tribe.

(2)

added 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 National Recreation Area by members of Indian Tribes—

(A)

added for traditional ceremonies; and

(B)

added as a source of traditional plants and other materials.

Sec. 7153 Acquisition of land; boundary management

added

(a)

added Acquisition—

(1)

added In general— The Secretary may acquire any land or interest in land within the boundary of the National Recreation Area.

(2)

added Manner of acquisition—

(A)

added In general— Subject to subparagraph (B), land described in paragraph (1) may be acquired under this subsection by—

(i)

added donation;

(ii)

added purchase from willing sellers with donated or appropriated funds;

(iii)

added transfer from another Federal agency; or

(iv)

added exchange.

(B)

added 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)

added Transfer of administrative jurisdiction—

(1)

added Forest service land—

(A)

added 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)

added Boundary adjustment— The boundary of the Gunnison National Forest shall be adjusted to exclude the land transferred to the Secretary under subparagraph (A).

(2)

added 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)

added 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.

(c)

added Potential land exchange—

(1)

added 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)

added Exchange; inclusion in national recreation area— On transfer of the land described in paragraph (1), the transferred land—

(A)

added may be exchanged by the Secretary for private land described in section 7152(c)(5)—

(i)

added subject to a conservation easement remaining on the transferred land, to protect the scenic resources of the transferred land; and

(ii)

added in accordance with the laws (including regulations) and policies governing National Park Service land exchanges; and

(B)

added if not exchanged under subparagraph (A), shall be added to, and managed as a part of, the National Recreation Area.

(d)

added 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

added

added 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

added

added 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

added

(a)

added 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)

added 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)

added all forms of entry, appropriation, and disposal under the public land laws;

(2)

added location, entry, and patent under the mining laws; and

(3)

added operation of the mineral leasing, mineral materials, and geothermal leasing laws.

(c)

added 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

added

(a)

added Short title— This division may be cited as the “Don Young Coast Guard Authorization Act of 2022”.

(b)

added Table of contents— The table of contents for this division is as follows:

Sec. 101 Authorization of appropriations

added

added Section 4902 of title 14, United States Code, is amended—

(1)

added in the matter preceding paragraph (1) by striking “years 2020 and 2021” and inserting “years 2022 and 2023”;

(2)

added in paragraph (1)—

(A)

added in subparagraph (A)—

(i)

added by striking “$8,151,620,850 for fiscal year 2020” and inserting “$9,282,360,000 for fiscal year 2022”; and

(ii)

added by striking “$8,396,169,475 for fiscal year 2021” and inserting “$10,210,596,000 for fiscal year 2023”;

(B)

added in subparagraph (B) by striking “$17,035,000” and inserting “$17,723,520”; and

(C)

added in subparagraph (C) by striking “$17,376,000” and inserting “$18,077,990”;

(3)

added in paragraph (2)—

(A)

added in subparagraph (A)—

(i)

added by striking “$2,794,745,000 for fiscal year 2020” and inserting “$3,312,114,000 for fiscal year 2022”; and

(ii)

added by striking “$3,312,114,000 for fiscal year 2021” and inserting “$3,477,600,000 for fiscal year 2023”; and

(B)

added in subparagraph (B)—

(i)

added by striking “$10,000,000 for fiscal year 2020” and inserting “$20,400,000 for fiscal year 2022”; and

(ii)

added by striking “$20,000,000 for fiscal year 2021” and inserting “$20,808,000 for fiscal year 2023”;

(4)

added in paragraph (3)—

(A)

added by striking “$13,834,000 for fiscal year 2020” and inserting “$14,393,220 for fiscal year 2022”; and

(B)

added by striking “$14,111,000 for fiscal year 2021” and inserting “$14,681,084 for fiscal year 2023”; and

(5)

added in paragraph (4)—

(A)

added by striking “$205,107,000 for fiscal year 2020” and inserting “$213,393,180 for fiscal year 2022”; and

(B)

added 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

added

added Section 4904 of title 14, United States Code, is amended—

(1)

added in subsection (a) by striking “fiscal years 2020 and 2021” and inserting “fiscal years 2022 and 2023”; and

(2)

added in subsection (b) by striking “fiscal years 2020 and 2021” and inserting “fiscal years 2022 and 2023”.

Sec. 103 Shoreside infrastructure and facilities

added

(a)

added 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)

added 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)

added 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)

added 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)

added 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)

added complete repairs to the United States Coast Guard Station, New York, waterfront, including repairs to the concrete pier; and

(2)

added 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

added

(a)

added In general— Of the amounts authorized to be appropriated under—

(1)

added section 4902(2)(A)(i) of title 14, United States Code, as amended by section 101 of this title, for fiscal year 2022;

(A)

added $300,000,000 shall be authorized for the acquisition of a twelfth National Security Cutter; and

(B)

added $210,000,000 shall be authorized for the acquisition of 3 Fast Response Cutters; and

(2)

added section 4902(2)(A)(ii) of title 14, United States Code, as amended by section 101 of this title, for fiscal year 2023;

(A)

added $300,000,000 shall be authorized for the acquisition of a twelfth National Security Cutter; and

(B)

added $210,000,000 shall be authorized for the acquisition of 3 Fast Response Cutters.

(b)

added 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)

added Great Lakes icebreaker acquisition— Of the amounts authorized to be appropriated under section 4902(2)(A)(ii) of title 14, United States Code—

(1)

added 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)

added 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)

added 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

added

added Section 3702 of title 14, United States Code, is amended by adding at the end the following:

added “(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.

added “(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

added

(a)

added In general— Chapter 21 of title 14, United States Code, is amended by inserting after section 2165 the following:

added “2166. Continuation on active duty; Coast Guard officers with certain critical skills

added “(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).

added “(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).

added “(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.

added “(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)

added 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:

Sec. 203 Number and distribution of officers on active duty promotion list

added

(a)

added Maximum number of officers— Section 2103(a) of title 14, United States Code, is amended to read as follows:

added “(a) Maximum total number

added “(1) In general—The total number of Coast Guard commissioned officers on the active duty promotion list, excluding warrant officers, shall not exceed—

added “(A) 7,100 in fiscal year 2022;

added “(B) 7,200 in fiscal year 2023;

added “(C) 7,300 in fiscal year 2024; and

added “(D) 7,400 in fiscal year 2025 and each subsequent fiscal year.

added “(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.

added “(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)

added Officers not on active duty promotion list—

(1)

added In general— Chapter 51 of title 14, United States Code, is amended by adding at the end the following:

added “5113. Officers not on active duty promotion list

added “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)

added Clerical amendment— The analysis for chapter 51 of title 14, United States Code, is amended by adding at the end the following:

Sec. 204 Coast Guard behavioral health policy

added

(a)

added 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)

added 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

added

(a)

added In general— Not later than 180 days after the date of enactment of this Act, the Commandant of the Coast Guard shall—

(1)

added determine which recommendations in the RAND representation report can practicably be implemented to promote improved representation in the Coast Guard of—

(A)

added women; and

(B)

added racial and ethnic minorities; and

(2)

added 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)

added Curriculum and training— The Commandant shall update, to reflect actions described under subsection (a)(2), the curriculum and training materials used at—

(1)

added officer accession points, including the Coast Guard Academy and the Leadership Development Center;

(2)

added enlisted member accession at the United States Coast Guard Training Center Cape May in Cape May, New Jersey; and

(3)

added the officer, enlisted member, and civilian leadership courses managed by the Leadership Development Center.

(c)

added 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

added

(a)

added 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)

added Criteria for condition-Based maintenance evaluation— In conducting the pilot project under subsection (a), the Commandant shall—

(1)

added 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)

added 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)

added create and model a full ship digital twin for the cutters selected under paragraph (1);

(4)

added 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)

added deploy artificial intelligence, prognostic-based integrated maintenance planning modeled after standards described in paragraph (2).

(c)

added 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)

added 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)

added 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)

added options to integrate commercially developed condition-based program standards for cutter maintenance to Coast Guard cutters; and

(B)

added plans to deploy commercially developed condition-based program standards for cutter maintenance to Coast Guard cutters.

Sec. 207 Unmanned systems strategy

added

(a)

added 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)

added 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)

added the strategic goals and acquisition strategies for proposed uses and procurements of unmanned systems;

(3)

added 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)

added an estimate of the timeline, costs, staff resources, technology, or other resources necessary to accomplish the strategy.

(b)

added Pilot project—

(1)

added 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)

added commercially available autonomous control and computer vision technology; and

(B)

added 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)

added 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)

added 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

added

(a)

added In general— Chapter 51 of title 14, United States Code, is further amended by adding at the end the following:

added “5114. Expenses of performing and executing defense readiness mission activities

added “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—

added “(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);

added “(2) costs associated with Coast Guard detachments assigned in support of the Coast Guard’s defense readiness mission; and

added “(3) any other expenses, costs, or matters the Commandant determines appropriate or otherwise of interest to Congress.”

(b)

added Clerical amendment— The analysis for chapter 51 of title 14, United States Code, is further amended by adding at the end the following:

Sec. 209 Report on San Diego maritime domain awareness

added

added 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)

added an overview of the maritime domain awareness in the area of responsibility of the Coast Guard sector responsible for San Diego, California, including—

(A)

added the average volume of known maritime traffic that transited the area during fiscal years 2020 through 2022;

(B)

added current sensor platforms deployed by such sector to monitor illicit activity occurring at sea in such area;

(C)

added the number of illicit activity incidents at sea in such area that the sector responded to during fiscal years 2020 through 2022;

(D)

added 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)

added the maritime domain awareness requirements to effectively meet the mission of such sector;

(2)

added 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)

added 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)

added an identification of current technology and assets the Coast Guard has to mitigate the gaps identified in paragraph (3);

(5)

added 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)

added 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)

added 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

added

(a)

added Great Lakes icebreaking operations—

(1)

added Government Accountability Office report—

(A)

added 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)

added Elements— The report required under subparagraph (A) shall—

(i)

added evaluate—

(I)

added the economic impact related to vessel delays or cancellations associated with ice coverage on the Great Lakes;

(II)

added the impact the standards proposed in paragraph (2) would have on Coast Guard operations in the Great Lakes if such standards were adopted;

(III)

added the fleet mix of medium icebreakers and icebreaking tugs necessary to meet the standards proposed in paragraph (2); and

(IV)

added the resources necessary to support the fleet described in subclause (III), including billets for crew and operating costs; and

(ii)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added A review of, and a proposed implementation plan for, the results of the fleet mix analysis under paragraph (1)(B)(i)(III).

(D)

added Any proposed modifications to current Coast Guard standards for icebreaking operations in the Great Lakes.

(4)

added 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)

added Data on icebreaking operations in the Great Lakes—

(1)

added 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)

added Elements— Data collected, archived, and disseminated under paragraph (1) shall include the following:

(A)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added Voluntary reporting— Any reporting by operators of commercial vessels engaged in commercial service or ferries under this section shall be voluntary.

(4)

added 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)

added 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)

added vessels engaged in commercial service; and

(B)

added ferries.

(c)

added 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:

added “(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)

added Definitions— In this section:

(1)

added Commercial service— The term commercial service has the meaning given such term in section 2101 of title 46, United States Code.

(2)

added Great Lakes— The term Great Lakes—

(A)

added has the meaning given such term in section 118 of the Federal Water Pollution Control Act (33 U.S.C. 1268); and

(B)

added includes harbors adjacent to such waters.

(3)

added 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)

added Open to navigation— The term open to navigation means navigable to the extent necessary to—

(A)

added meet the reasonable demands of shipping;

(B)

added minimize delays to passenger ferries;

(C)

added extricate vessels and persons from danger;

(D)

added prevent damage due to flooding; and

(E)

added conduct other Coast Guard missions, as required.

(5)

added 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

added

added 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:

added “(d) Definition—In this section, the term Great Lakes means—

added “(1) Lake Ontario;

added “(2) Lake Erie;

added “(3) Lake Huron (including Lake St. Clair);

added “(4) Lake Michigan;

added “(5) Lake Superior; and

added “(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

added

added 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

added

(a)

added In general— Chapter 7 of title 14, United States Code, is amended by adding at the end the following:

added “721. Responses to safety recommendations

added “(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—

added “(1) concurs with the recommendation;

added “(2) partially concurs with the recommendation; or

added “(3) does not concur with the recommendation.

added “(b) Explanation of concurrence—A response under subsection (a) shall include—

added “(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;

added “(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

added “(3) with respect to a recommendation to which the Commandant does not concur, the reasons why the Commandant does not concur with such recommendation.

added “(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)

added 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:

Sec. 214 Conveyance of Coast Guard vessels for public purposes

added

(a)

added Redesignation and transfer—

(1)

added 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)

added Clerical amendments—

(A)

added 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)

added 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:

(b)

added 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)

added by amending subsection (a) to read as follows:

added “(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.”

(2)

added in subsection (b)—

(A)

added in paragraph (1)—

(i)

added by inserting “as if such a request were being processed” after “vessels”; and

(ii)

added 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)

added 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

added

added Section 1132(e) of title 14, United States Code, is amended by striking paragraphs (2) and (3) and inserting the following:

added “(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—

added “(A) such life-cycle cost estimates be updated before—

added “(i) each milestone decision is concluded; and

added “(ii) the project or program enters a new acquisition phase; and

added “(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

added

added 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

added

(a)

added 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)

added Contents— The report required under subsection (a) shall contain, at a minimum, an explanation of the following with respect to such a Program:

(1)

added 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)

added Maritime Safety and Security Teams;

(B)

added Maritime Security Response Teams;

(C)

added a combination of the teams described under subparagraphs (A) and (B); or

(D)

added elsewhere within the Coast Guard.

(3)

added 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)

added The Coast Guard stations at which—

(A)

added portable explosives storage magazines would be available for explosive ordnance disposal elements; and

(B)

added explosive ordnance disposal elements equipment would be pre-positioned.

(5)

added 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)

added counter improvised explosive devices;

(B)

added counter unexploded ordnance;

(C)

added combat weapons of destruction;

(D)

added provide service in support of the President; and

(E)

added support national security special events.

(6)

added The career progression of Coast Guardsman participating in the Program from—

(A)

added Seaman Recruit to Command Master Chief Petty Officer;

(B)

added Chief Warrant Officer 2 to that of Chief Warrant Officer 4; and

(C)

added Ensign to that of Rear Admiral.

(7)

added Initial and annual budget justification estimates on a single program element of the Program for—

(A)

added civilian and military pay with details on military pay, including special and incentive pays such as—

(i)

added officer responsibility pay;

(ii)

added officer SCUBA diving duty pay;

(iii)

added officer demolition hazardous duty pay;

(iv)

added enlisted SCUBA diving duty pay;

(v)

added enlisted demolition hazardous duty pay;

(vi)

added enlisted special duty assignment pay at level special duty-5;

(vii)

added enlisted assignment incentive pays;

(viii)

added enlistment and reenlistment bonuses;

(ix)

added officer and enlisted full civilian clothing allowances;

(x)

added an exception to the policy allowing a third hazardous duty pay for explosive ordnance disposal-qualified officers and enlisted; and

(xi)

added parachutist hazardous duty pay;

(B)

added research, development, test, and evaluation;

(C)

added procurement;

(D)

added other transaction agreements;

(E)

added operations and support; and

(F)

added overseas contingency operations.

Sec. 218 Pribilof Island transition completion actions

added

(a)

added Extensions— Section 524 of the Pribilof Island Transition Completion Act of 2016 (Public Law 114–120) is amended—

(1)

added in subsection (b)(5) by striking “5 years” and inserting “6 years”; and

(2)

added in subsection (c)(3) by striking “60 days” and inserting “120 days”.

(b)

added 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)

added 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)

added the status of the activities described in subsections (c) and (d) until such activities have been completed.

(c)

added Aircraft hanger— The Secretary may—

(1)

added 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)

added 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)

added Fuel tank—

(1)

added 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)

added 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)

added 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)

added 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

added

added 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 that—

(1)

added 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)

added address in such plan how the Coast Guard in District 17 will—

(A)

added disseminate outage updates regarding outages on social media at least every 48 hours;

(B)

added provide updates on a publicly accessible website at least every 48 hours;

(C)

added develop methods for notifying mariners where cellular connectivity does not exist;

(D)

added generate receipt confirmation and acknowledgment of outages from mariners; and

(E)

added develop and advertise a web-based communications update hub on AM/FM radio for mariners; and

(3)

added identifies technology gaps necessary to implement the plan and provide a budgetary assessment necessary to implement the plan.

Sec. 301 Nonoperating individual

added

added 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

added

(a)

added 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)

added Contents— The report required by subsection (a) shall include the following elements:

(1)

added 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)

added 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

added

added 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

added

(a)

added In general— Chapter 45 of title 46, United States Code, is amended—

(1)

added in section 4502(f)(2) by striking “certain vessels described in subsection (b) if requested by the owner or operator; and” and inserting

added “(A) requested by an owner or operator; or

added “(B) the vessel is—

added “(i) at least 50 feet overall in length;

added “(ii) built before July 1, 2013; and

added “(iii) 25 years of age or older; and”

(2)

added in section 4503(b) by striking “Except as provided in section 4503a, subsection (a)” and inserting “Subsection (a)”; and

(3)

added by repealing section 4503a.

(b)

added 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)

added 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

added

(a)

added 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)

added 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.

(c)

added Requirements— The regulations required under subsection (a) shall include the following:

(1)

added 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)

added A requirement that an operator of a DUKW-type amphibious passenger vessel—

(A)

added 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)

added 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)

added 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)

added A requirement that—

(A)

added operators of DUKW-type amphibious passenger vessels inform passengers that seat belts may not be worn during waterborne operations;

(B)

added before the commencement of waterborne operations, a crew member shall visually check that the seatbelt of each passenger is unbuckled; and

(C)

added operators or crew maintain a log recording the actions described in subparagraphs (A) and (B).

(4)

added A requirement for annual training for operators and crew of DUKW-type amphibious passengers vessels, including—

(A)

added 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)

added training for crew to respond to emergency situations, including flooding, engine compartment fires, man-overboard situations, and in water emergency egress procedures.

(d)

added 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)

added 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)

added 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)

added 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)

added 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)

added 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)

added Install in such vessels not fewer than 4 independently powered bilge alarms.

(6)

added 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)

added Verify through an in-water inspection the watertight integrity of any such vessel at the outset of each waterborne departure of such vessel.

(8)

added Install underwater LED lights that activate automatically in an emergency.

(9)

added 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

added

(a)

added Restructuring— Chapter 305 of title 46, United States Code, is amended—

(1)

added by inserting the following before section 30501 the following:

added “I General Provisions”

(2)

added by inserting the following before section 30503:

added “II Exoneration and Limitation of Liability”

(3)

added by redesignating sections 30503 through 30512 as sections 30521 through 30530, respectively.

(b)

added Definitions— Section 30501 of title 46, United States Code, is amended to read as follows:

added “30501. Definitions

added “In this chapter:

added “(1) Covered small passenger vessel—The term covered small passenger vessel—

added “(A) means a small passenger vessel, as defined in section 2101 that is—

added “(i) not a wing-in-ground craft; and

added “(ii) carrying—

added “(I) not more than 49 passengers on an overnight domestic voyage; and

added “(II) not more than 150 passengers on any voyage that is not an overnight domestic voyage; and

added “(B) includes any wooden vessel constructed prior to March 11, 1996, carrying at least 1 passenger for hire.

added “(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)

added 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:

(d)

added 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)

added 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)

added in subsection (a), by inserting “and covered small passenger vessels” after “seagoing vessels”;

(2)

added in subsection (b)(1), by striking “6 months” and inserting “2 years”; and

(3)

added in subsection (b)(2), by striking “one year” and inserting “2 years”.

(f)

added Tables of subchapters and tables of sections— The table of sections for chapter 305 of title 46, United States Code, is amended—

(1)

added by inserting before section 30501 the following:

(2)

added by inserting after section 30502 the following:

(3)

added by redesignating the items relating to sections 30503 through 30512 as items relating to sections 30521 through 30530, respectively.

(g)

added Conforming amendments— Title 46, United States Code, is further amended—

(1)

added in section 14305(a)(5), by striking “section 30506” and inserting “section 30524”;

(2)

added in section 30523(a), as redesignated by subsection (a), by striking “section 30506” and inserting “section 30524”;

(3)

added in section 30524(b), as redesignated by subsection (a), by striking “section 30505” and inserting “section 30523”; and

(4)

added in section 30525, as redesignated by subsection (a)—

(A)

added in the matter preceding paragraph (1), by striking “sections 30505 and 30506” and inserting “sections 30523 and 30524”;

(B)

added in paragraph (1) by striking “section 30505” and inserting “section 30523”; and

(C)

added in paragraph (2) by striking “section 30506(b)” and inserting “section 30524(b)”.

Sec. 307 Automatic identification system requirements

added

(a)

added Requirement for fishing vessels To have automatic identification systems— Section 70114(a)(1) of title 46, United States Code, is amended—

(1)

added by striking “, while operating on the navigable waters of the United States,”;

(2)

added by redesignating subparagraphs (A) through (D) as clauses (i) through (iv);

(3)

added by inserting before clauses (i) through (iv), as redesignated by paragraph (2), the following:

added “(A) While operating on the navigable waters of the United States:”

(4)

added by adding at the end the following:

added “(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)

added 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

added

(a)

added Eligible vessel— Section 53501(2) of title 46, United States Code, is amended—

(1)

added in subparagraph (A)(iii) by striking “and” at the end;

(2)

added in subparagraph (B)(v) by striking the period at the end and inserting a semicolon; and

(3)

added by adding at the end the following:

added “(C) a ferry, as such term is defined in section 2101; and

added “(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)

added Qualified vessel— Section 53501(5) of title 46, United States Code, is amended—

(1)

added in subparagraph (A)(iii) by striking “and” at the end;

(2)

added in subparagraph (B)(v) by striking the period at the end and inserting a semicolon; and

(3)

added by adding at the end the following:

added “(C) a ferry, as such term is defined in section 2101; and

added “(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

added

added 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

added

added Section 46101(b) of title 46, United States Code, is amended by—

(1)

added in paragraph (2)—

(A)

added by striking “one year” and inserting “2 years”; and

(B)

added by striking “2 terms” and inserting “3 terms”; and

(2)

added in paragraph (3)—

(A)

added by striking “of the individual being succeeded” and inserting “to which such individual is appointed”;

(B)

added by striking “2 terms” and inserting “3 terms”; and

(C)

added by striking “the predecessor of that” and inserting “such”.

Sec. 501 Restriction on changing salvors

added

added 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:

added “(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).

added “(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

added

(a)

added In general— Section 70006 of title 46, United States Code, is amended to read as follows:

added “70006. Anchorage grounds

added “(a) Anchorage grounds

added “(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.

added “(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.

added “(b) Vessel requirements—Vessels, of certain sizes or type determined by the Secretary, shall—

added “(1) set and maintain an anchor alarm for the duration of an anchorage;

added “(2) comply with any directions or orders issued by the Captain of the Port; and

added “(3) comply with any applicable anchorage regulations.

added “(c) Prohibitions—A vessel may not—

added “(1) anchor in any Federal navigation channel unless authorized or directed to by the Captain of the Port;

added “(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

added “(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.

added “(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)

added Regulatory review—

(1)

added 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)

added in the interest of marine safety, security, and environmental concerns, taking into account undersea pipelines, cables, or other infrastructure; and

(B)

added to implement the amendments made by this section.

(2)

added 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)

added 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:

(d)

added 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

added

(a)

added Recreational vessel defined— Section 1003 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4702) is amended—

(1)

added by redesignating paragraphs (13) through (17) as paragraphs (15) through (19), respectively; and

(2)

added by inserting after paragraph (12) the following:

added “(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;

added “(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)

added 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:

added “(g) Observers—The chairpersons designated under subsection (d) may invite representatives of nongovernmental entities to participate as observers of the Task Force.”

(c)

added 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)

added in paragraph (6), by striking “and” at the end;

(2)

added by redesignating paragraph (7) as paragraph (10); and

(3)

added by inserting after paragraph (6) the following:

added “(7) the Director of the National Park Service;

added “(8) the Director of the Bureau of Land Management;

added “(9) the Commissioner of Reclamation; and”

(d)

added 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)

added in subsection (e) by adding at the end the following:

added “(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—

added “(A) effectively managing and controlling the movement of aquatic nuisance species into, within, or out of water of the United States; and

added “(B) inspecting recreational vessels in a manner that minimizes disruptions to public access for boating and recreation in non-contaminated vessels.

added “(5) Consultation—In carrying out paragraph (4), including the development of recommendations, the Task Force may consult with—

added “(A) State fish and wildlife management agencies;

added “(B) other State agencies that manage fishery resources of the State or sustain fishery habitat; and

added “(C) relevant nongovernmental entities.”

(2)

added in subsection (k) by adding at the end the following:

added “(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)

added 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)

added in section 1002(b)(2), by inserting a comma after “funded”;

(2)

added in section 1003, in paragraph (7), by striking “Canandian” and inserting “Canadian”;

(3)

added in section 1203(a)—

(A)

added in paragraph (1)(F), by inserting “and” after “research,”; and

(B)

added in paragraph (3), by striking “encourage” and inserting “encouraged”;

(4)

added in section 1204(b)(4), in the paragraph heading, by striking “Adminisrative” and inserting “Administrative”; and

(5)

added in section 1209, by striking “subsection (a)” and inserting “section 1202(a)”.

Sec. 504 Limitation on recovery for certain injuries incurred in aquaculture activities

added

(a)

added In general— Section 30104 of title 46, United States Code, is amended—

(1)

added by inserting “(a) In general.—” before the first sentence; and

(2)

added by adding at the end the following:

added “(b) Limitation on recovery by aquaculture workers

added “(1) In general—For purposes of subsection (a), the term seaman does not include an individual who—

added “(A) is an aquaculture worker if State workers’ compensation is available to such individual; and

added “(B) was, at the time of injury, engaged in aquaculture in a place where such individual had lawful access.

added “(2) Aquaculture worker defined—In this subsection, the term aquaculture worker means an individual who—

added “(A) is employed by a commercial enterprise that is involved in the controlled cultivation and harvest of aquatic plants and animals, including—

added “(i) the cleaning, processing, or canning of fish and fish products;

added “(ii) the cultivation and harvesting of shellfish; and

added “(iii) the controlled growing and harvesting of other aquatic species;

added “(B) does not hold a license issued under section 7101(c); and

added “(C) is not required to hold a merchant mariner credential under part F of subtitle II.”

(b)

added 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

added

(a)

added 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:

added “904. Information on type approval certificates

added “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)

added 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:

Sec. 506 Passenger vessel security and safety requirements

added

added Section 3507(k)(1) of title 46, United States Code, is amended—

(1)

added in subparagraph (A) by striking “at least 250” and inserting “250 or more”; and

(2)

added by striking subparagraph (B) and inserting the following:

added “(B) has overnight accommodations for 250 or more passengers; and”

Sec. 507 Cargo waiting time reduction

added

(a)

added 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)

added Duties— In carrying out this section, the Task Force shall—

(1)

added evaluate and quantify the economic and environmental impact of cargo backlogs;

(2)

added 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)

added evaluate the responses of each such Federal agency to such cargo backlogs; and

(4)

added not later than 90 days after the date of enactment of this Act—

(A)

added develop a plan to—

(i)

added significantly reduce or eliminate such cargo backlog; and

(ii)

added reduce nationwide cargo processing delays, including the Port of Los Angeles and the Port of Long Beach; and

(B)

added 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)

added 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)

added 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)

added 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)

added with respect to such vessels, a summary of actions taken or planned to be taken by the Commandant to—

(A)

added provide additional protections against oil spills caused by anchor strikes; and

(B)

added address other safety concerns and environmental impacts.

Sec. 508 Limited indemnity provisions in standby oil spill response contracts

added

(a)

added 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)

added Requirements—

(1)

added 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)

added 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)

added Limitation— The total indemnity for a claim under a contract described in subsection (a) may not be more than $50,000 per incident.

(c)

added 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

added

added Section 541 of the Coast Guard Authorization Act of 2016 (Public Law 114–120) is amended—

(1)

added in subsection (b) by striking paragraphs (1) and (2) and inserting the following:

added “(1) BSNC (to serve as Council Chair).

added “(2) The Secretary of Homeland Security.

added “(3) An Oil Spill Response Organization that serves the area in which such Port is located.

added “(4) The State.”

(2)

added in subsection (c)(1)—

(A)

added in subparagraph (B) by adding “and” at the end; and

(B)

added by striking subparagraphs (C) and (D) and inserting the following:

added “(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:

added “(i) Search and rescue.

added “(ii) Shipping safety.

added “(iii) Economic development.

added “(iv) Oil spill prevention and response.

added “(v) National security.

added “(vi) Major marine casualties.

added “(vii) Protection of Alaska Native archaeological and cultural resources.

added “(viii) Port of refuge, arctic research, and maritime law enforcement.”

(3)

added by amending subsection (c)(3) to read as follows:

added “(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.”

(4)

added in subsection (e)—

(A)

added by striking “Operations and management costs” and inserting the following:

added “(1) Determination of costs—Operations and management costs”

(B)

added by adding at the end the following:

added “(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

added

(a)

added 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:

added “(J)

added “(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.

added “(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:

added “(I) Oil spill response resources that are required to be located within such area.

added “(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.

added “(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.

added “(IV) Real-time continuous vessel tracking, monitoring, and engagement protocols that detect and address vessel operation anomalies.

added “(V) Vessel routing measures consistent with international routing measure deviation protocols.

added “(VI) Ensuring the availability of at least one oil spill removal organization that is classified by the Coast Guard and that—

added “(aa) is capable of responding in all operating environments in such area;

added “(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

added “(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.

added “(VII) Temporary storage capability using both dedicated and non-dedicated assets located within such area.

added “(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.

added “(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.

added “(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.

added “(XI) Specifying a minimum length of time that approval of a response plan under this subparagraph is valid.

added “(XII) Ensuring compliance with requirements for the preparation and submission of vessel response plans established by regulations pursuant to this paragraph.

added “(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).

added “(iv) Nothing in this subparagraph affects—

added “(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;

added “(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

added “(III) the authority of a Federal On-Scene Coordinator to use any available resources when responding to an oil spill.

added “(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.

added “(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)

added Establishment of Alaska oil spill planning criteria—

(1)

added 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)

added 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)

added 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)

added 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

added

added 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)

added on which construction identifiable with the specific vessel begins prior to the date of enactment of this Act; and

(2)

added 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

added

added 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

added

added 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

added

(a)

added 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)

added Location— The Center of Expertise shall be located in close proximity to—

(1)

added 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)

added multiple Coast Guard sea and air stations;

(3)

added multiple Federal agencies that are engaged in coastal and fisheries management;

(4)

added one or more designated national estuaries;

(5)

added State coastal and wildlife management agencies; and

(6)

added 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.

(c)

added Functions— The Center of Expertise shall—

(1)

added 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)

added 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)

added 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)

added educate and train Federal, State, and local first responders in—

(A)

added the incident command system structure;

(B)

added marine environmental response techniques and strategies; and

(C)

added public affairs; and

(5)

added work with academic and private sector response training centers to develop and standardize marine environmental response training and techniques.

(d)

added Marine environmental response defined— In this section, the term “marine environmental response” means any response to incidents that—

(1)

added impacts—

(A)

added the marine environment of State, Federal or international waterways;

(B)

added port and marine environments;

(C)

added coastal and estuary environments; or

(D)

added the intercoastal waterway; and

(2)

added promotes—

(A)

added the protection and conservation of the marine environment;

(B)

added the health of fish, animal populations, and endangered species; and

(C)

added the resilience of coastal ecosystems and infrastructure.

Sec. 515 Prohibition on entry and operation

added

(a)

added Prohibition—

(1)

added 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)

added Limitations on application— —

(A)

added 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)

added the vessel is owned or operated by a Russian national or operated by the government of the Russian Federation; and

(ii)

added it is in the national security interest not to apply the prohibition to such vessel.

(B)

added 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)

added Publication— The Secretary of State shall publish a notice in the Federal Register of each determination made under subparagraph (A).

(b)

added 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)

added 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)

added 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)

added periodically publish in the Federal Register a list of the vessels described in paragraph (1).

(d)

added Notification of governments—

(1)

added 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)

added 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)

added 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)

added the Secretary of State has made a determination under subsection (a)(2); or

(2)

added 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)

added 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

added

added 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

added

(a)

added Maritime environmental and technical assistance program— Section 50307(b) of title 46, United States Code, is amended—

(1)

added in paragraph (1)(D) by striking “and” at the end;

(2)

added in paragraph (2) by striking the period and insert “; and”; and

(3)

added by adding at the end the following:

added “(3) technologies that quantifiably reduce underwater noise from marine vessels, including noise produced incidental to the propulsion of marine vessels.”

(b)

added Assistance to reduce impacts of vessel strikes and noise on marine mammals—

(1)

added In general— Chapter 541 of title 46, United States Code, is amended by adding at the end the following:

added “54102. Assistance to reduce impacts of vessel strikes and noise on marine mammals

added “(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—

added “(1) impacts to marine mammals from vessels; and

added “(2) underwater noise from vessels, including noise produced incidental to the propulsion of vessels.

added “(b) Eligible use—Assistance under this section may be used to develop, assess, and carry out activities that reduce threats to marine mammals by—

added “(1) reducing—

added “(A) stressors related to vessel traffic; and

added “(B) vessel strike mortality, and serious injury; or

added “(2) monitoring—

added “(A) sound; and

added “(B) vessel interactions with marine mammals.

added “(c) Priority—The Administrator shall prioritize assistance under this section for projects that—

added “(1) is based on the best available science on methods to reduce threats related to vessels traffic;

added “(2) collect data on the reduction of such threats;

added “(3) reduce—

added “(A) disturbances from vessel presence;

added “(B) mortality risk; or

added “(C) serious injury from vessel strikes; or

added “(4) conduct risk assessments, or tracks progress toward threat reduction.

added “(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:

added “(1) The name and location of each entity receiving a grant under this section.

added “(2) The amount of each such grant.

added “(3) A description of the activities carried out with assistance provided under this section.

added “(4) An estimate of the impact that a project carried out with such assistance has on the reduction of threats to marine mammals.

added “(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)

added Clerical amendment— The analysis for chapter 541 of title 46, United States Code, is amended by adding at the end the following:

(c)

added Near real-time monitoring and mitigation program for large whales—

(1)

added In general— Part of A of subtitle V of title 46, United States Code, is amended by adding at the end the following:

added “507 Monitoring and Mitigation

added “50701. Near real-time monitoring and mitigation program for large whales

added “(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.

added “(b) Purpose—The purpose of the Program will be to reduce the risk to large whales of vessel collisions and to minimize other impacts.

added “(c) Requirements—In designing and deploying the Program, the Administrator shall—

added “(1) prioritize species of large whales for which vessel collision impacts are of particular concern;

added “(2) prioritize areas where such vessel impacts are of particular concern;

added “(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;

added “(4) inform sector-specific mitigation protocols to effectively reduce takes of large whales; and

added “(5) integrate technology improvements as such improvements become available.

added “(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.

added “50702. Pilot project

added “(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.

added “(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—

added “(1) core foraging habitats of North Atlantic right whales, including—

added “(A) the South of the Islands core foraging habitat;

added “(B) the Cape Cod Bay Area core foraging habitat;

added “(C) the Great South Channel core foraging habitat; and

added “(D) the Gulf of Maine; and

added “(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.

added “(c) Pilot project components

added “(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—

added “(A) comprises the best available detection and survey technologies to detect North Atlantic right whales within core foraging habitats;

added “(B) uses dynamic habitat suitability models to inform the likelihood of North Atlantic right whale occurrence in core foraging habitat at any given time;

added “(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;

added “(D) integrates historical data;

added “(E) integrates new near real-time monitoring methods and technologies as they become available;

added “(F) accurately verifies and rapidly communicates detection data;

added “(G) creates standards for allowing ocean users to contribute data to the monitoring system using comparable near real-time monitoring methods and technologies; and

added “(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.

added “(2) National security considerations—All monitoring methods, technologies, and protocols under this section shall be consistent with national security considerations and interests.

added “(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.

added “(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.

added “(e) Reporting

added “(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—

added “(A) a description of the monitoring methods and technology in use or planned for deployment;

added “(B) analyses of the efficacy of the methods and technology in use or planned for deployment for detecting North Atlantic right whales;

added “(C) how the monitoring system is directly informing and improving North American right whale management, health, and survival;

added “(D) a prioritized identification of technology or research gaps;

added “(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

added “(F) additional information, as appropriate.

added “(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—

added “(A) an assessment of the benefits and efficacy of the near real-time monitoring and mitigation program;

added “(B) a strategic plan to expand the pilot program to provide near real-time monitoring and mitigation measures;

added “(i) to additional large whale species of concern for which such measures would reduce risk of serious injury or death; and

added “(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;

added “(C) a prioritized plan for acquisition, deployment, and maintenance of monitoring technologies;

added “(D) the locations or species for which the plan would apply; and

added “(E) a budget and description of funds necessary to carry out the strategic plan.

added “(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.

added “(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.

added “(h) Definitions—In this section and section 50701:

added “(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.

added “(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.

added “(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.

added “(4) Large whale—The term “large whale” means all Mysticeti species and species within the genera Physeter and Orcinus.”

(2)

added 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:

Sec. 518 Manning and crewing requirements for certain vessels, vehicles, and structures

added

(a)

added 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:

added “8108. Exemptions from manning and crew requirements

added “(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—

added “(1) a citizen of the United States;

added “(2) an alien lawfully admitted to the United States for permanent residence; or

added “(3) a citizen of the nation under the laws of which the vessel is documented.

added “(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)).

added “(c) Limitations—An exemption under this section—

added “(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

added “(2) shall be effective for not more than 12 months, but may be renewed by application to and approval by the Secretary.

added “(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.

added “(e) Revocation

added “(1) In general—The Secretary—

added “(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

added “(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.

added “(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.

added “(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.

added “(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—

added “(1) is manned or crewed in violation of an exemption under this subsection; or

added “(2) operated under an exemption under this subsection that the Secretary determines was not validly obtained.

added “(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.

added “(i) Definitions—In this section:

added “(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.

added “(2) Secretary—The term “Secretary” means the Secretary of the department in which the Coast Guard is operating.”

(b)

added Annual report—

(1)

added 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)

added Contents— The report under paragraph (1) shall include, for each covered facility—

(A)

added the name and International Maritime Organization number;

(B)

added the nation in which the covered facility is documented;

(C)

added the nationality of owner or owners; and

(D)

added 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)

added 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)

added Existing exemptions—

(1)

added 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)

added 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)

added shall not be effective after such period.

(2)

added 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)

added Clerical amendment— The analysis for chapter 81 of the title 46, United States Code, is amended by adding at the end the following:

Sec. 601 Definitions

added

(a)

added In general— Section 2101 of title 46, United States Code, is amended—

(1)

added by redesignating paragraphs (45) through (54) as paragraphs (47) through (56), respectively; and

(2)

added by inserting after paragraph (44) the following:

added “(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.

added “(46) “sexual harassment” means—

added “(A) conduct that—

added “(i) involves unwelcome sexual advances, requests for sexual favors, or deliberate or repeated offensive comments or gestures of a sexual nature if any—

added “(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;

added “(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;

added “(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

added “(IV) conduct may have been by an individual’s supervisor, a supervisor in another area, a co-worker, or another credentialed mariner; and

added “(ii) is so severe or pervasive that a reasonable person would perceive, and the victim does perceive, the environment as hostile or offensive;

added “(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

added “(C) any deliberate or repeated unwelcome verbal comment or gesture of a sexual nature by any fellow employee of the complainant.”

(b)

added 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

added

(a)

added In general— Chapter 75 of title 46, United States Code, is amended by adding at the end the following:

added “7511. Convicted sex offender as grounds for denial

added “(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.

added “(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)

added Clerical amendment— The analysis for chapter 75 of title 46, United States Code, is amended by adding at the end the following:

Sec. 603 Sexual harassment or sexual assault as grounds for suspension or revocation

added

(a)

added In general— Chapter 77 of title 46, United States Code, is amended by inserting after section 7704 the following:

added “7704a. Sexual harassment or sexual assault as grounds for suspension or revocation

added “(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.

added “(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.

added “(c) Official finding

added “(1) In general—In this section, the term “official finding” means—

added “(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

added “(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.

added “(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:

added “(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.

added “(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.

added “(3) Administrative Law Judge review

added “(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).

added “(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)

added 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:

Sec. 604 Accommodation; notices

added

added Section 11101 of title 46, United States Code, is amended—

(1)

added in subsection (a)(3), by striking “and” at the end;

(2)

added in subsection (a)(4), by striking the period at the end and inserting “; and”;

(3)

added in subsection (a), by adding at the end the following:

added “(5) each crew berthing area shall be equipped with information regarding—

added “(A) vessel owner or company policies prohibiting sexual assault and sexual harassment, retaliation, and drug and alcohol usage; and

added “(B) procedures and resources to report crimes, including sexual assault and sexual harassment, including information—

added “(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;

added “(ii) on vessel owner or company procedures to report violations of company policy and access resources;

added “(iii) on resources provided by outside organizations such as sexual assault hotlines and counseling;

added “(iv) on the retention period for surveillance video recording after an incident of sexual harassment or sexual assault is reported; and

added “(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.”

(4)

added 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

added

added Section 2114(a)(1) of title 46, United States Code, is amended—

(1)

added by redesignating subparagraphs (B) through (G) as subparagraphs (C) through (H), respectively; and

(2)

added by inserting after subparagraph (A) the following:

added “(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

added

(a)

added Regulations—

(1)

added 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)

added The Secretary shall determine safe levels of alcohol consumption by crewmembers aboard documented vessels engaged in commercial service.

(B)

added 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)

added 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)

added 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

added

(a)

added In general— Part B of subtitle II of title 46, United States Code, is amended by adding at the end the following:

added “49 Oceangoing Non-Passenger Commercial Vessels

added “4901. Surveillance requirements

added “(a) In general—A vessel engaged in commercial service that does not carry passengers, shall maintain a video surveillance system.

added “(b) Applicability—The requirements in this section shall apply to—

added “(1) documented vessels with overnight accommodations for at least 10 persons on board—

added “(A) is on a voyage of at least 600 miles and crosses seaward of the Boundary Line; or

added “(B) is at least 24 meters (79 feet) in overall length and required to have a load line under chapter 51;

added “(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

added “(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.

added “(c) Placement of video and audio surveillance equipment

added “(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.

added “(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.

added “(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.

added “(e) Access to video and audio records

added “(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.

added “(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—

added “(A) in which the individual is a subject of the video and audio surveillance;

added “(B) the request is in conjunction with a legal proceeding or investigation; and

added “(C) that may provide evidence of any sexual harassment or sexual assault incident in a civil action.

added “(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.

added “(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.

added “(g) Definition—In this section, the term “owner” means the owner, charterer, managing operator, master, or other individual in charge of a vessel.

added “(h) Exemption—Fishing vessels, fish processing vessels, and fish tender vessels are exempt from this section.”

(b)

added 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:

Sec. 608 Master key control

added

(a)

added In general— Chapter 31 of title 46, United States Code, is amended by adding at the end the following:

added “3106. Master key control system

added “(a) In general—The owner of a vessel subject to inspection under section 3301 shall—

added “(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);

added “(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;

added “(3) record in a log book information on all access and use of the vessel’s master key, including—

added “(A) dates and times of access;

added “(B) the room or location accessed; and

added “(C) the name and rank of the crew member that used the master key; and

added “(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.

added “(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.

added “(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)—

added “(1) may be electronic; and

added “(2) shall be located in a centralized location that is readily accessible to law enforcement personnel.

added “(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.

added “(e) Exemption—This section shall not apply to vessels subject to section 3507(f).”

(b)

added Clerical amendment— The analysis for chapter 31 of title 46, United States Code, is amended by adding at the end the following:

Sec. 609 Safety management systems

added

added Section 3203 of title 46, United States Code, is amended—

(1)

added in subsection (a)—

(A)

added by redesignating paragraphs (5) and (6) as paragraphs (7) and (8); and

(B)

added by inserting after paragraph (4) the following:

added “(5) with respect to sexual harassment and sexual assault, procedures for, and annual training requirements for all shipboard personnel on—

added “(A) prevention;

added “(B) bystander intervention;

added “(C) reporting;

added “(D) response; and

added “(E) investigation;

added “(6) the log book required under section 3106;”

(2)

added by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and

(3)

added by inserting after subsection (a) the following:

added “(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

added

added Section 10104 of title 46, United States Code, is amended by striking subsections (a) and (b) and inserting the following:

added “(a) Mandatory reporting by crew member

added “(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.

added “(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.

added “(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—

added “(A) the crew member is the victim of such sexual assault or sexual harassment incident;

added “(B) the complaint is shared in confidence with the crew member directly from the victim; or

added “(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)).

added “(b) Mandatory reporting by vessel owner

added “(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.

added “(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.

added “(c) Reporting procedures

added “(1) Crew member reporting—A report required under subsection (a)—

added “(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

added “(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.

added “(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—

added “(A) the nearest Coast Guard Captain of the Port; or

added “(B) the appropriate officer or agency of the government of the country in whose waters the incident occurs.

added “(3) Contents—A report required under subsections (a) and (b) shall include, to the best of the reporter’s knowledge—

added “(A) the name, official position or role in relation to the vessel, and contact information of the individual making the report;

added “(B) the name and official number of the documented vessel;

added “(C) the time and date of the incident;

added “(D) the geographic position or location of the vessel when the incident occurred; and

added “(E) a brief description of the alleged sexual harassment or sexual assault being reported.

added “(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.

added “(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

added

(a)

added 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)

added Time limit on bringing maritime action— Section 30106 of title 46, United States Code, is amended—

(1)

added in the section heading by striking “for personal injury or death”;

(2)

added by striking “Except as otherwise” and inserting the following:

added “(a) In general—Except as otherwise”

(3)

added by adding at the end the following:

added “(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)

added 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:

Sec. 612 Administration of sexual assault forensic examination kits

added

(a)

added In general— Chapter 5 of title 14, United States Code, is amended by adding at the end the following:

added “564. Administration of sexual assault forensic examination kits

added “(a) Requirement—A Coast Guard vessel that embarks on a covered voyage shall be—

added “(1) equipped with no less than 2 sexual assault and forensic examination kits; and

added “(2) staffed with at least 1 medical professional qualified and trained to administer such kits.

added “(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—

added “(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

added “(2) aeromedical evacuation will be unavailable during the travel period referenced in paragraph (1).”

(b)

added Clerical amendment— The table of sections for chapter 5 of title 14, United States Code, is amended by adding at the end the following:

Sec. 701 Technical corrections

added

(a)

added 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)

added 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

added

(a)

added In general— Section 70105 of title 46, United States Code, is amended—

(1)

added in the section heading by striking “security cards” and inserting “worker identification credentials”;

(2)

added by striking “transportation security card” each place it appears and inserting “transportation worker identification credential”;

(3)

added by striking “transportation security cards” each place it appears and inserting “transportation worker identification credentials”;

(4)

added by striking “card” each place it appears and inserting “credential”

(5)

added in the heading for subsection (b) by striking “cards” and inserting “credentials”;

(6)

added in subsection (g), by striking “Assistant Secretary of Homeland Security for” and inserting “Administrator of”;

(7)

added by striking subsection (i) and redesignating subsections (j) and (k) as subsections (i) and (j), respectively;

(8)

added by striking subsection (l) and redesignating subsections (m) through (q) as subsections (k) through (o), respectively;

(9)

added in subsection (j), as so redesignated—

(A)

added in the subsection heading by striking “security card” and inserting “worker identification credential”; and

(B)

added in the heading for paragraph (2) by striking “security cards” and inserting “worker identification credential”;

(10)

added in subsection (k)(1), as so redesignated, by striking “subsection (k)(3)” and inserting “subsection (j)(3)”; and

(11)

added in subsection (o), as so redesignated—

(A)

added in the subsection heading by striking “security card” and inserting “worker identification credential”;

(B)

added in paragraph (1)—

(i)

added by striking “subsection (k)(3)” and inserting “subsection (j)(3)”; and

(ii)

added by striking “This plan shall” and inserting “Such receipt and activation shall”; and

(C)

added in paragraph (2) by striking “on-site activation capability” and inserting “on-site receipt and activation of transportation worker identification credentials”.

(b)

added 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:

Sec. 703 Reinstatement

added

(a)

added 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)

added 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)

added redesignated as the sole text of section 12 of the Act of June 21, 1940 (33 U.S.C. 522).

(b)

added Effective date— The provision reinstated by subsection (a) shall be treated as if such section 8507(b) had never taken effect.

(c)

added 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

added

(a)

added Short title— This Act may be cited as the “Financial Transparency Act of 2022”.

(b)

added Table of contents— The table of contents for this Act is as follows:

Sec. 2 Deeming

added

added Any reference in this division to “this Act” shall be deemed a reference to “this division”.

Sec. 101 Data standards

added

(a)

added 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:

added “124. Data standards

added “(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.

added “(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).

added “(c) Data standards

added “(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.

added “(2) Data standard—The data standards promulgated under subsection (a) shall, to the extent practicable—

added “(A) render data fully searchable and machine-readable (as defined under section 3502 of title 44, United States Code);

added “(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;

added “(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;

added “(D) be nonproprietary or made available under an open license;

added “(E) incorporate standards developed and maintained by voluntary consensus standards bodies; and

added “(F) use, be consistent with, and implement applicable accounting and reporting principles.

added “(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.

added “(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.

added “(d) Member agencies defined—In this section, the term “member agencies” does not include the Commodity Futures Trading Commission.”

(b)

added 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. 102 Open data publication by the Department of the Treasury

added

added Section 124 of the Financial Stability Act of 2010, as added by section 101, is amended by adding at the end the following:

added “(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

added

added 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

added

added 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

added

added 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

added

(a)

added 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)

added by redesignating the second subsection (d) (relating to Records of Persons With Custody of Use) as subsection (e); and

(2)

added by adding at the end the following:

added “(f) Data standards for reports filed under this section

added “(1) Requirement—The Commission shall, by rule, adopt data standards for all reports filed by investment advisers with the Commission under this section.

added “(2) Characteristics—The data standards required by paragraph (1) shall, to the extent practicable—

added “(A) render data fully searchable and machine-readable (as defined under section 3502 of title 44, United States Code);

added “(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;

added “(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;

added “(D) be nonproprietary or made available under an open license (as defined under section 3502 of title 44, United States Code);

added “(E) incorporate standards developed and maintained by voluntary consensus standards bodies; and

added “(F) use, be consistent with, and implement applicable accounting and reporting principles.

added “(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)

added 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)

added in section 8, by adding at the end the following:

added “(g) Data standards for registration statements

added “(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.