S. 2296 — what changed
National Defense Authorization Act for Fiscal Year 2026
From Reported in Senate to Engrossed in Senate.
9 sections amended, 549 added, and 1 removed between Reported in Senate and Engrossed in Senate.
Sec. 2
Organization of Act into divisions; table of contents
(a)
changed
Divisions— This Act is organized into four ten 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)
added
Division E—Additional Provisions.
(6)
added
Division F—Intelligence Authorization Act for Fiscal Year 2026.
(7)
added
Division G—Department of State Matters.
(8)
added
Division H—Coast Guard Authorization Act of 2025.
(9)
added
Division I—ROAD to Housing Act.
(10)
added
Division J—Department of State Authorization Act for Fiscal Year 2026.
(b)
Table of contents— The table of contents for this Act is as follows:
Sec. 142
Extension of prohibition on certain reductions to B–1 bomber aircraft squadrons
added
added
Subsection (d)(1) of section 133 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1574), as most recently amended by section 146 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 138 Stat. 1810), is further amended by striking “September 30, 2026” and inserting “September 30, 2030”.
Sec. 143
Prohibition on certain reductions to inventory of E–3 airborne warning and control system aircraft
added
(a)
added
Prohibition— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Air Force may be obligated or expended to retire, prepare to retire, or place in storage or in backup aircraft inventory any E–3 aircraft if such actions would reduce the total aircraft inventory for such aircraft below 16.
(b)
added
Exception for plan— If the Secretary of the Air Force submits to the congressional defense committees a plan for maintaining readiness and ensuring there is no lapse in mission capabilities, the prohibition under subsection (a) shall not apply to actions taken to reduce the total aircraft inventory for E–3 aircraft to below 16, beginning 30 days after the date on which the plan is so submitted.
(c)
added
Exception for E–7 aircraft procurement— If the Secretary of the Air Force procures enough E–7 Wedgetail aircraft to accomplish the required mission load, the prohibition under subsection (a) shall not apply to actions taken to reduce the total aircraft inventory for E–3 aircraft to below 16 after the date on which such E–7 Wedgetail aircraft are delivered.
Sec. 350
Modification of protection of certain facilities and assets from incursions
added
added
Section 130i of title 10, United States Code, is amended—
(1)
added
in subsection (a)—
(A)
added
by striking “any provision of title 18” and inserting “sections 32, 1030, and 1367 and chapters 119 and 206 of title 18”; and
(B)
added
by striking “officers and civilian employees” and inserting “officers, civilian employees, and contractors”;
(2)
added
in subsection (b)(1)—
(A)
added
in subparagraph (A), by striking “Detect” and inserting “During the operation of the unmanned aircraft system or unmanned aircraft, detect”; and
(B)
added
in subparagraph (B), by inserting before the period at the end the following: “, including through the use of remote identification broadcast or other means”;
(3)
added
in subsection (c)—
(A)
added
by striking “Any unmanned” and inserting “(1) Any unmanned”; and
(B)
added
by adding at the end the following new paragraph:
added
“(2) Any forfeiture conducted under paragraph (1) shall be made subject to the requirements for civil, criminal, or administrative forfeiture, as the case may be, under applicable law or regulation.”
(4)
added
in subsection (d), by adding at the end the following:
added
“(3)
added
“(A) The Secretary of Defense shall ensure that the regulations prescribed or guidance issued under paragraph (1) require that, when taking an action described in subsection (a)(1), all due consideration is given to—
added
“(i) mitigating impacts on privacy and civil liberties under the First and Fourth Amendments to the Constitution of the United States;
added
“(ii) mitigating damage to, or loss of, real and personal property;
added
“(iii) mitigating any risk of personal injury or death; and
added
“(iv) when practicable, obtaining the identification of or issuing a warning to the operator of an unmanned aircraft system or unmanned aircraft prior to taking action under subparagraphs (C) through (F) of subsection (b)(1), unless doing so would—
added
“(I) endanger the safety of members of the armed forces or civilians;
added
“(II) create a flight risk or result in the destruction of evidence; or
added
“(III) seriously jeopardize an investigation, criminal proceeding, or legal proceeding pursuant to subsection (c).
added
“(B) Nothing in this paragraph may be construed to limit the inherent right to self defense of a member of the armed forces.”
(5)
added
in subsection (e)—
(A)
added
by striking paragraph (1) and inserting the following:
added
“(1) the interception, acquisition, maintenance, or use of, or access to, communications to or from an unmanned aircraft system under this section is conducted in a manner consistent with the First and Fourth Amendments to the Constitution of the United States and applicable provisions of Federal law;”
(B)
added
in paragraph (2), by striking “a function of the Department of Defense” and inserting “an action described in subsection (b)(1)”;
(C)
added
by striking paragraph (3) and inserting the following:
added
“(3) records of such communications are maintained only for as long as necessary, and in no event for more than 180 days unless the Secretary of Defense determines that maintenance of such records—
added
“(A) is necessary to investigate or prosecute a violation of law or to directly support an ongoing security operation; or
added
“(B) is required under Federal law or for the purpose of any litigation;”
(D)
added
in paragraph (4)—
(i)
added
by striking subparagraph (A) and inserting the following:
added
“(A) is necessary to support an ongoing action described in subsection (b)(1);”
(ii)
added
in subparagraph (B), by striking “; or” and inserting a semicolon;
(iii)
added
by redesignating subparagraph (C) as subparagraph (D);
(iv)
added
by inserting after subparagraph (B) the following new subparagraph:
added
“(C) is necessary to support the counter unmanned aircraft systems activities of another Federal agency with authority to mitigate the threat of unmanned aircraft systems or unmanned aircraft in mitigating such threats; or”
(v)
added
in subparagraph (D), as redesignated by clause (iii), by striking the period at the end and inserting “; and”;
(6)
added
by redesignating subsections (f), (g), (h), (i), and (j) as subsections (g), (h), (j), (k), (l), respectively;
(7)
added
by inserting after subsection (e) the following:
added
“(f) Claims—Claims for loss of property, injury, or death pursuant to actions under subsection (b) may be made consistent with chapter 171 of title 28, and chapter 163 of this title, as applicable.”
(8)
added
in subsection (h), as redesignated by paragraph (6), by striking “March 1, 2018” and inserting “March 1, 2026”;
(9)
added
by inserting after subsection (h), as so redesignated, the following:
added
“(i) Annual report
added
“(1) Not later than 180 days after the date of the enactment of this subsection, and annually thereafter, the Secretary of Defense shall submit to the appropriate congressional committees and publish on a publicly available website a report summarizing all detection and mitigation activities conducted under this section during the previous year to counter unmanned aircraft systems.
added
“(2) Each report under paragraph (1) shall include—
added
“(A) information on any violation of, or failure to comply with, this section by personnel authorized to conduct detection and mitigation activities, including a description of any such violation or failure;
added
“(B) data on the number of detection activities conducted, the number of mitigation activities conducted, and the number of instances of communications interception from an unmanned aircraft system;
added
“(C) whether any unmanned aircraft that experienced mitigation was engaged in or attempting to engage in activities protected under the First Amendment to the Constitution of the United States;
added
“(D) whether any unmanned aircraft or unmanned aircraft system was properly or improperly seized, disabled, damaged, or destroyed and an identification of any methods used to seize, disable, damage, or destroy such aircraft or system; and
added
“(E) a description of the efforts of the Federal Government to protect privacy and civil liberties when carrying out detection and mitigation activities under this section to counter unmanned aircraft systems.
added
“(3) Each report required under paragraph (1) shall be submitted and published in unclassified form, but may include a classified annex.”
(10)
added
by striking subsection (k), as so redesignated, and inserting the following:
added
“(k) Sunset—This section shall terminate on December 31, 2030.”
(11)
added
in subsection (l), as so redesignated—
(A)
added
in paragraph (1)—
(i)
added
in subparagraph (B), by inserting “the Committee on Homeland Security and Governmental Affairs,” after “the Committee on the Judiciary,”; and
(ii)
added
in subparagraph (C), by inserting “the Committee on Homeland Security,” after “the Committee on the Judiciary,”; and
(B)
added
in paragraph (3)—
(i)
added
in subparagraph (C), by redesignating clauses (i) through (ix) as subclauses (I) through (IX), respectively, and moving those subclauses, as so redesignated, two ems to the right;
(ii)
added
by redesignating subparagraphs (A) through (C) as clauses (i), (ii), and (iii), respectively, and moving those clauses, as so redesignated, two ems to the right; and
(iii)
added
in the matter preceding clause (i), as redesignated by clause (ii), by striking “means any facility or asset that—” and inserting “means—
added
“(A) any facility or asset that—”
(iv)
added
in clause (iii), as redesignated by clause (ii)—
(I)
added
in subclause (VIII), as redesignated by clause (i), by striking “; or” and inserting a semicolon;
(II)
added
in subclause (IX), as so redesignated, by striking the period at the end and inserting a semicolon; and
(III)
added
by adding at the end the following new subclauses:
added
“(X) protection of the buildings, grounds, and property to which the public are not permitted regular, unrestricted access and that are under the jurisdiction, custody, or control of the Department of Defense and the persons on that property pursuant to section 2672 of this title;
added
“(XI) assistance to Federal, State, or local officials in responding to incidents involving nuclear, radiological, biological, or chemical weapons, high-yield explosives, or related materials or technologies, as well as support pursuant to section 282 of this title or the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq); or
added
“(XII) activities listed in section 2692(b) of this title; or”
(v)
added
by adding at the end the following:
added
“(B) any personnel associated with a facility or asset specified under subparagraph (A) while engaged in direct support of a mission of the Department of Defense specified in clause (iii) of such subparagraph.”
Sec. 515
Treatment of funds received by National Guard Bureau as reimbursement from States
added
added
Section 710 of title 32, United States Code, is amended by adding at the end the following new subsection:
added
“(g) Treatment of reimbursed funds—Any funds received by the National Guard Bureau from a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands as reimbursement under this section for the use of military property—
added
“(1) shall be credited to—
added
“(A) the appropriation, fund, or account used in incurring the obligation; or
added
“(B) an appropriate appropriation, fund, or account currently available for the purposes for which the expenditures were made; and
added
“(2) may only be used by the Department of Defense for the repair, maintenance, or other similar functions related directly to assets used by National Guard units while operating under State active duty status.”
Sec. 516
Limitations applicable to the authority to transfer space functions of the Air National Guard to the Space Force
added
added
Section 514 of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 10 U.S.C. 20001 note) is amended—
(1)
added
by redesignating subsection (k) as subsection (l); and
(2)
added
by inserting after subsection (j) the following new subsection:
added
“(k) Rule of construction—Nothing in this section shall be construed as—
added
“(1) authorizing the transfer of a member of the Air National Guard of the United States other than on a one-time basis as specified in subsection (c); or
added
“(2) setting future precedent with respect to waiving the applicability of any provision of title 32.”
Sec. 550
Factors for counseling pathways under Transition Assistance Program
added
added
Section 1142(c)(1) of title 10, United States Code, is amended—
(1)
added
by redesignating subparagraph (M) as subparagraph (R); and
(2)
added
by inserting after subparagraph (L) the following new subparagraphs:
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.”
Sec. 629
Government Accountability Office study on casualty assistance and long-term care programs
added
(a)
added
In general— Not later than January 1, 2027, the Comptroller General of the United States shall conduct a study on the structure and execution of the casualty assistance and long-term care programs of the Armed Forces.
(b)
added
Elements— In conducting the study required by subsection (a), the Comptroller General shall assess options—
(1)
added
to improve the standardization of the selection and management of casualty assistance officers across the Armed Forces, including standardized tour lengths similar to military recruiters;
(2)
added
to improve the standardization, quality, and proficiency of training for casualty assistance officers across the Armed Forces in requisite policies, procedures, and knowledge of entitlements, benefits, and financial obligations surviving families may encounter;
(3)
added
to develop a Defense-wide survivor contact registry allowing surviving families to voluntarily provide contact information to ensure periodic check-ins with surviving families during significant milestones following the death of a member of the Armed Forces; and
(4)
added
to develop an integrated Defense-wide long-term care program for surviving families, modeled on the Army’s Survivor Outreach Services, that provides information about survivor entitlements and access to expert case managers and counselors.
(c)
added
Report required— Not later than 180 days after completing the study required by subsection (a), the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that includes—
(1)
added
the results of the study;
(2)
added
recommendations relating to the options assessed under subsection (b); and
(3)
added
a plan for implementing those recommendations.
Sec. 705
Fertility treatment for certain members of the uniformed services and dependents
(a)
Fertility treatment— Chapter 55 of title 10, United States Code, is amended by inserting after section 1074o the following new section:
changed
“1074p. “1074p Fertility treatment for certain active duty members of the uniformed services and their dependents
“(a) Coverage—The Secretary of Defense shall ensure that fertility-related care for a member of the uniformed services on active duty (or a dependent of such a member) shall be covered under TRICARE Prime and TRICARE Select.
“(b) In vitro fertilization—In the case of in vitro fertilization treatment furnished to an individual pursuant to subsection (a), coverage under such subsection shall include—
“(1) not fewer than three completed oocyte retrievals; and
“(2) unlimited embryo transfers provided in accordance with the guidelines of the American Society for Reproductive Medicine, using single embryo transfer when recommended and medically appropriate.
“(c) Definitions—In this section:
“(1) The term infertility means a disease, condition, or status characterized by—
“(A) the failure to establish a pregnancy or to carry a pregnancy to live birth after regular, unprotected sexual intercourse in accordance with the guidelines of the American Society for Reproductive Medicine;
“(B) the inability of an individual to reproduce without medical intervention either as a single individual or with the partner of the individual; or
“(C) the findings of a licensed physician based on the medical, sexual, and reproductive history, age, physical findings, or diagnostic testing of the individual.
“(2) The term fertility-related care means—
“(A) the diagnosis of infertility; and
“(B) fertility treatment.
“(3) The term fertility treatment includes the following:
“(A) In vitro fertilization or other treatments or procedures in which human oocytes, embryos, or sperm are handled when clinically appropriate.
“(B) Sperm retrieval.
“(C) Egg retrieval.
“(D) Preservation of human oocytes, embryos, or sperm.
“(E) Artificial insemination, including intravaginal insemination, intracervical insemination, and intrauterine insemination.
“(F) Transfer of reproductive genetic material.
“(G) Medications as prescribed or necessary for fertility.
“(H) Fertility treatment coordination.
“(I) Such other information, referrals, treatments, procedures, testing, medications, laboratory services, technologies, and services facilitating reproduction as determined appropriate by the Secretary of Defense.”
(b)
Program on fertility treatment coordination— Chapter 55 of title 10, United States Code, is amended by adding at the end the following new section:
changed
“1110c. “1110c Program on fertility-related care coordination
“(a) In general—The Secretary of Defense shall establish a program on the coordination of fertility-related care by the Secretary for purposes of ensuring patients receive timely fertility-related care.
“(b) Training and support—In carrying out the program established under subsection (a), the Secretary shall provide to community health care providers training and support with respect to the unique needs of members of the uniformed services and the dependents of such members.
“(c) Fertility-Related care defined—In this section, the term fertility-related care has the meaning given that term in section 1074p(c) of this title.”
(c)
Conforming amendment— Section 1079(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
“(21) Fertility-related care shall be provided in accordance with section 1074p of this title.”
(d)
Exclusion from contracts for former members and their dependents— Section 1086 of title 10, United States Code, is amended—
(1)
in subsection (c), in the matter preceding paragraph (1), by striking “subsection (d)” and inserting “subsections (d) and (j)”; and
(2)
by adding at the end the following new subsection:
“(j) A plan contracted for under subsection (a) may not include coverage for services under section 1074p of this title for former members of the uniformed services or dependents of former members of the uniformed services.”
(e)
Regulations— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations or subregulatory guidance regarding the implementation of the amendments made by this section.
(f)
Application— The amendments made by this section shall apply with respect to services provided on or after October 1, 2027.
(g)
Rules of construction— Nothing in this section or the amendments made by this section shall be construed—
(1)
to provide new benefits to or alter existing benefits for former members of the uniformed services or the dependents of former members of the uniformed services; or
(2)
to authorize the Secretary of Defense to make payments related to human cloning, artificial womb technology, or international surrogacy.
Sec. 706
Restriction on performance of sex change surgeries
(a)
In general— Chapter 55 of title 10, United States Code, is amended by inserting after section 1093 the following new section:
changed
“1093a. “1093a Performance of sex change surgeries: restrictions
“(a) Restriction on use of funds—Funds available to the Department of Defense may not be used to perform or facilitate sex change surgeries.
“(b) Restriction on use of facilities—No military medical treatment facility or other facility of the Department of Defense may be used to perform or facilitate a sex change surgery.”
(b)
Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1093 the following new item:
Sec. 718
Provision of health care services at Fort Leonard Wood, Missouri
added
(a)
added
Assessment— The Secretary of Defense, in consultation with the Secretary of the Army, shall conduct an assessment of the adequacy of health care services available to covered beneficiaries under the TRICARE program located at Fort Leonard Wood, Missouri.
(b)
added
Elements— The assessment required by subsection (a) shall include the following elements:
(1)
added
An evaluation of the ability of the local area to provide adequate access to care for the covered beneficiary population surrounding Fort Leonard Wood.
(2)
added
An evaluation of potential impacts to access and quality of care for such beneficiaries if the General Leonard Wood Army Community Hospital were to be realigned, downgraded, or have its scope of services reduced.
(3)
added
An evaluation of the ability to establish additional partnerships with the Department of Veterans Affairs for the provision of health care service at the General Leonard Wood Army Community Hospital.
(4)
added
Such other matters as the Secretary considers relevant for determining the continued viability of the General Leonard Wood Army Community Hospital.
(c)
added
Prohibition— The Secretary of Defense may not close, downgrade, or reduce the scope of care offered by the General Leonard Wood Army Community Hospital unless—
(A)
added
completes the assessment required by subsection (a) and delivers such assessment to the Committees on Armed Services of the Senate and the House of Representatives; and
(B)
added
certifies to the Committees on Armed Services of the Senate and the House of Representatives that any such changes would not reduce or degrade the health care services available to covered beneficiaries and the local community; and
(2)
added
the Chief of Staff of the Army certifies to the Committees on Armed Services of the Senate and the House of Representatives that there will be no degradation of medical readiness of units assigned to Fort Leonard Wood as a result of any changes to the status of the General Leonard Wood Army Community Hospital.
Sec. 724
Improvement of availability of care for veterans from facilities and providers of the Department of Defense
added
(a)
added
Outreach on available care— Not less frequently than annually, the Secretary of Defense and the Secretary of Veterans Affairs shall conduct outreach to increase awareness among veterans enrolled in the system of annual patient enrollment of the Department of Veterans Affairs established and operated under section 1705(a) of title 38, United States Code, of the ability of those veterans to receive care at military medical treatment facilities.
(b)
added
Training on referrals— The Secretary of Veterans Affairs shall ensure training for staff and contractors involved in scheduling, or assisting in scheduling, appointments for care under the community care program specifically includes training regarding options for referral to facilities and providers of the Department of Defense.
(c)
added
Preferred providers— Subsection (g) of section 1703 of title 38, United States Code, is amended—
(1)
added
in the subsection heading, by inserting “and preferred providers” after “network”; and
(2)
added
by adding at the end the following new paragraph:
added
“(3) The Secretary shall consider providers under subsection (c)(2) to be preferred providers under this section.”
(1)
added
In general— The Secretary of Defense and the Secretary of Veterans Affairs shall develop and implement action plans at covered facilities—
(A)
added
to expand the partnership between the Department of Defense and the Department of Veterans Affairs with respect to the provision of health care;
(B)
added
to improve communication between the Department of Veterans Affairs and pertinent command and director leadership of military medical treatment facilities;
(C)
added
to increase utilization of military medical treatment facilities with excess capacity;
(D)
added
to increase case volume and complexity for graduate medical education programs of the Department of Defense and the Department of Veterans Affairs;
(E)
added
to improve resource sharing agreements or permits, as applicable, between the Department of Defense and the Department of Veterans Affairs, which would also ensure lessened barriers to shared facility spaces; and
(F)
added
to increase access to care for veterans described in subsection (a) in areas in which a military medical treatment facility is located that is identified by the Secretary of Defense as having excess capacity.
(2)
added
Matters to be included— The action plans required under paragraph (1) shall include the following:
(A)
added
Cross-credentialing and privileging of health care providers, including nurses, medical technicians, and other support staff, to jointly care for beneficiaries in medical facilities of the Department of Defense and the Department of Veterans Affairs.
(B)
added
Expediting access to installations of the Department of Defense for staff and beneficiaries of the Department of Veterans Affairs.
(C)
added
Including in-kind or non-cash payment or reimbursement options for expenses incurred by either the Department of Defense or the Department of Veterans Affairs.
(D)
added
Allowing eligible veterans to seek certain services at military medical treatment facilities without referral or preauthorization from the Department of Veterans Affairs, for which reimbursement to the Department of Defense will be made .
(E)
added
The designation of a coordinator within each covered facility to serve as a liaison between the Department of Defense and the Department of Veterans Affairs and to lead the implementation of such action plan.
(F)
added
A mechanism for monitoring the effectiveness of such action plan on an ongoing basis, to include establishing relevant performance goals and collecting data to assess progress towards those goals.
(G)
added
Prioritize the integration of relevant information technology and other systems or processes to enable seamless information sharing, referrals and ancillary orders, payment methodologies and billing processes, and workload attribution when Department of Veterans Affairs personnel provide services at Department of Defense facilities or when Department of Defense personnel provide services at Department of Veterans Affairs facilities.
(H)
added
Any other matter that the Secretary of Defense and the Secretary of Veterans Affairs consider appropriate.
(3)
added
Approval of action plans— Before implementing any action plan required under paragraph (1) at a covered facility or covered facilities, the Secretary of Defense and the Secretary of Veterans Affairs shall ensure that approval for the action plan is obtained from—
(A)
added
the co-chairs of the Department of Veterans Affairs-Department of Defense Joint Executive Committee established under section 320 of title 38, United States Code;
(B)
added
the local installation commander for the covered facility of the Department of Defense; and
(C)
added
the director of the relevant medical center of the Department of Veterans Affairs with respect to any covered facility or covered facilities of the Department of Veterans Affairs.
(A)
added
Initial report— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report containing the action plans required under paragraph (1).
(B)
added
Subsequent report— Not later than one year after submitting the report required under subparagraph (A), the Secretary of Defense and the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report containing—
(i)
added
a status update on the progress of implementing the action plans required under paragraph (1); and
(ii)
added
recommendations for developing subsequent action plans for each facility with respect to which there is a sharing agreement in place.
(e)
added
Requirements relating to sharing agreements—
(1)
added
Lead coordinator— The Secretary of Defense and the Secretary of Veterans Affairs shall ensure that there is a lead coordinator at each facility of the Department of Defense or the Department of Veterans Affairs, as the case may be, with respect to which there is a sharing agreement in place.
(2)
added
List of agreements— The Secretary of Defense and the Secretary of Veterans Affairs shall maintain on a publicly available website a list of all sharing agreements in place between medical facilities of the Department of Defense and the Department of Veterans Affairs.
(f)
added
Treatment of existing laws regarding sharing of health care resources— The Secretary of Defense and the Secretary of Veterans Affairs shall carry out this section notwithstanding any limitation or requirement under section 1104 of title 10, United States Code, or section 8111 of title 38, United States Code.
(g)
added
Funding— The Secretary of Defense and the Secretary of Veterans Affairs may use funds available in the DOD–VA Health Care Sharing Incentive Fund established under section 8111(d)(2) of title 38, United States Code, to implement this section.
(h)
added
Rule of construction— Nothing in this section or the amendments made by this section shall be construed to require veterans to seek care in facilities of the Department of Defense.
(i)
added
Extension of certain limits on payments of pension— Section 5503(d)(7) of title 38, United States Code, is amended by striking “November 30, 2031” and inserting “April 30, 2032”.
(j)
added
Definitions— In this section:
(1)
added
Appropriate committees of Congress— The term appropriate committees of Congress means—
(A)
added
the Committee on Armed Services and the Committee on Veterans Affairs of the Senate; and
(B)
added
the Committee on Armed Services and the Committee on Veterans Affairs of the House of Representatives.
(2)
added
Community care program— The term community care program means the Veterans Community Care Program under section 1703 of title 38, United States Code.
(3)
added
Covered facility— The term covered facility means—
(A)
added
a military medical treatment facility ias defined in section 1073c(j) of title 10, United States Code; or
(B)
added
a medical facility of the Department of Veterans Affairs located nearby a military medical treatment facility described in subparagraph (A).
(4)
added
Sharing agreement— The term sharing agreement means an agreement for sharing of health-care resources between the Department of Defense and the Department of Veterans Affairs under section 1104 of title 10, United States Code, or section 8111 of title 38, United States Code.
(5)
added
Veteran— The term veteran has the meaning given that term in section 101 of title 38, United States Code.
Sec. 725
Military-civilian medical surge program
added
added
Section 1096 of title 10, United States Code, is amended—
(1)
added
in the section heading, by adding at the end the following “; medical surge program”; and
(2)
added
by adding at the end the following new subsection:
added
“(e) Medical surge program
added
“(1) The Secretary of Defense, in collaboration with the Secretary of Health and Human Services, shall carry out a program of record known as the Military-Civilian Medical Surge Program to—
added
“(A) support locations that the Secretary of Defense selects under paragraph (3)(B); and
added
“(B) enhance the interoperability and medical surge capability and capacity of the National Disaster Medical System in response to a declaration or other action described in subparagraphs (A) through (E) of paragraph (4).
added
“(2)
added
“(A) The Secretary of Defense, acting through the National Center for Disaster Medicine and Public Health at the Uniformed Services University of the Health Sciences (or such successor center), shall oversee the operation, staffing, and deployment of the Program.
added
“(B) In carrying out the Program, the Secretary shall maintain requirements for staffing, specialized training, research, and education regarding patient regulation, movement, definitive care, and other matters the Secretary determines critical to sustaining the health of members of the armed forces.
added
“(3)
added
“(A) In carrying out the Program, the Secretary shall establish partnerships at locations selected under subparagraph (B) with public, private, and nonprofit health care organizations, health care institutions, health care entities, academic medical centers of institutions of higher education, and hospitals that the Secretary determines—
added
“(i) are critical in mobilizing a civilian medical response in support of a wartime contingency or other catastrophic event in the United States; and
added
“(ii) have demonstrated technical proficiency in critical national security domains, including high-consequence infectious disease and special pathogen preparedness, and matters relating to defense, containment, management, care, and transportation.
added
“(B)
added
“(i) The Secretary shall select not fewer than eight locations that are operationally relevant to the missions of the Department of Defense under the National Disaster Medical System and are aeromedical or other transport hubs or logistics centers in the United States for partnerships under subparagraph (A).
added
“(ii) The Secretary may select more than eight locations under clause (i), including locations outside of the continental United States, if the Secretary determines such additional locations cover areas of strategic and operational relevance to the Department of Defense.
added
“(4) The Secretary shall ensure that the partnerships under paragraph (3)(A) allow for civilian medical personnel to quickly and effectively mobilize direct support to military medical treatment facilities and provide support to other requirements of the military health system pursuant to the following:
added
“(A) A declaration of a national emergency under the National Emergencies Act (50 U.S.C. 1621 et seq.).
added
“(B) A public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d).
added
“(C) A declaration of war by Congress.
added
“(D) The exercise for the President of executive powers under the War Powers Resolution (50 U.S.C. 1541 et seq.).
added
“(E) Any other emergency or major disaster as declared by the President.
added
“(5)
added
“(A) Not later than July 1, 2026, and annually thereafter, the Secretary shall submit to the Committee on Armed Services and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Armed Services and the Committee on Energy and Commerce of the House of Representatives a report on the status, readiness, and operational capabilities of the Program.
added
“(B) Each report required under subparagraph (A) shall include an assessment of personnel readiness, resource availability, interagency coordination efforts, and recommendations for continued improvements to the Program.
added
“(6) Nothing in this subsection shall be construed to authorize the Department of Defense to control, direct, limit, or otherwise affect the authorities of the Secretary of Health and Human Services with respect to leadership and administration of the National Disaster Medical System, public health and medical preparedness and response, staffing levels, or resource allocation.
added
“(7) In this subsection:
added
“(A) The term institution of higher education means a four-year institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))).
added
“(B) The term National Disaster Medical System means the system established under section 2812 of the Public Health Service Act (42 U.S.C. 300hh–11).
added
“(C) The term Program means the Military-Civilian Medical Surge Program established under paragraph (1).”
Sec. 849B
Report on United States boot industrial base and Berry Amendment compliance
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 a report on the United States boot industrial base, including a comprehensive plan for the Department of Defense to fully comply with the requirements under section 4862 of title 10, United States Code (commonly referred to as the “Berry Amendment”) by not later than fiscal year 2028.
(b)
added
Elements— The report required under subsection (a) shall include the following elements:
(1)
added
A detailed description of current and surge manufacturing capacity for Berry-compliant, government-issued boots, including suppliers of leather, textiles, soles, and components, as well as risks to supply chain resilience and small business participation. Surge manufacturing capacity includes all major domestic manufacturers of boots including those not currently supplying Berry-compliant boots.
(2)
added
A market survey of domestic boot manufacturers regarding interest in producing Berry-compliant boots if there were to be a requirement that all members of the Armed Forces are required to only wear Berry-compliant boots.
(3)
added
A time-phased schedule of actions, milestones, and resources required to achieve full Berry Amendment compliance for combat footwear across all military services by fiscal year 2028.
(4)
added
An assessment of how current policies allowing the wear of “optional combat boots” that are not Berry-compliant undermine the intent of the Berry Amendment and weaken the United States industrial base, and recommendations for coming into compliance.
(5)
added
A plan to implement and enforce narrowly tailored availability and medical exemptions, as authorized under section 4862(c) of title 10, United States Code, with controls to prevent overuse.
(6)
added
Steps to expand industrial capacity for Berry-compliant government-issued boots through multiyear contracting, demand forecasting, inventory planning, and attracting new Berry-compliant suppliers by requiring that optional boots must be Berry-compliant.
Sec. 861
Clarification of procurement prohibition related to acquisition of materials mined, refined, and separated in certain countries
Section 844(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3766) is amended—
(1)
by striking “Section 2533c” and inserting “Section 4872”; and
(2)
by amending paragraph (1) to read as follows:
“(1) in subsection (a)—
“(A) in paragraph (1), by striking “; or” and inserting a semicolon;
“(B) in paragraph (2)(B), by striking the period at the end and inserting “; or”; and
“(C) by adding at the end the following new paragraph:
changed
“‘(3) “(3) enter into a contract for any covered material mined, refined, or separated in any covered nation.’”
Sec. 881
Prohibition on contracting with certain biotechnology providers
added
(a)
added
In general— The head of an executive agency may not—
(1)
added
procure or obtain any biotechnology equipment or service produced or provided by a biotechnology company of concern; or
(2)
added
enter into a contract or extend or renew a contract with any entity that—
(A)
added
uses biotechnology equipment or services produced or provided by a biotechnology company of concern and acquired after the applicable effective date in subsection (c) in performance of the contract with the executive agency; or
(B)
added
enters into any contract the performance of which such entity knows or has reason to believe will require, in performance of the contract with the executive agency, the use of biotechnology equipment or services produced or provided by a biotechnology company of concern and acquired after the applicable effective date in subsection (c).
(b)
added
Prohibition on loan and grant funds— The head of an executive agency may not obligate or expend loan or grant funds to, and a loan or grant recipient may not use loan or grant funds to—
(1)
added
procure, obtain, or use any biotechnology equipment or services produced or provided by a biotechnology company of concern; or
(2)
added
enter into a contract or extend or renew a contract with an entity described in subsection (a)(2).
(c)
added
Effective dates—
(1)
added
Certain entities— With respect to the biotechnology companies of concern covered by subsection (f)(2)(A), the prohibitions under subsections (a) and (b) shall take effect 60 days after the Federal Acquisition Regulation is revised pursuant to subsection (h).
(2)
added
Other entities— With respect to the biotechnology companies of concern covered by subsection (f)(2)(B), the prohibitions under subsections (a) and (b) shall take effect 180 days after the Federal Acquisition Regulation is revised pursuant to subsection (h).
(3)
added
Rules of construction—
(A)
added
Exclusions— Prior to the date that is 5 years after a revision to the Federal Acquisition Regulation pursuant to subsection (h) that identifies a biotechnology company of concern covered by subsection (f)(2), subsections (a)(2) and (b)(2) shall not apply to biotechnology equipment or services produced or provided under a contract or agreement, including previously negotiated contract options, entered into before the effective date under paragraph (2).
(B)
added
Safe harbor— The term biotechnology equipment or services produced or provided by a biotechnology company of concern shall not be construed to refer to any biotechnology equipment or services that were formerly, but are no longer, produced or provided by biotechnology companies of concern.
(d)
added
Waiver authorities—
(1)
added
Specific biotechnology exception—
(A)
added
Waiver— The head of the applicable executive agency may waive the prohibition under subsections (a) and (b) on a case-by-case basis—
(i)
added
with the approval of the Director of the Office of Management and Budget, in coordination with the Secretary of Defense; and
(ii)
added
if such head submits a notification and justification to the appropriate congressional committees not later than 30 days after granting such waiver.
(i)
added
In general— Except as provided in clause (ii), a waiver granted under subparagraph (A) shall last for a period of not more than 365 days.
(ii)
added
Extension— The head of the applicable executive agency, with the approval of the Director of the Office of Management and Budget, and in coordination with the Secretary of Defense, may extend a waiver granted under subparagraph (A) one time, for a period up to 180 days after the date on which the waiver would otherwise expire, if such an extension is in the national security interests of the United States and if such head submits a notification and justification to the appropriate congressional committees not later than 10 days after granting such waiver extension.
(2)
added
Overseas health care services— The head of an executive agency may waive the prohibitions under subsections (a) and (b) with respect to a contract, subcontract, or transaction for the acquisition or provision of health care services overseas on a case-by-case basis—
(A)
added
if the head of such executive agency determines that the waiver is—
(i)
added
necessary to support the mission or activities of the employees of such executive agency described in subsection (e)(2)(A); and
(ii)
added
in the interest of the United States;
(B)
added
with the approval of the Director of the Office of Management and Budget, in consultation with the Secretary of Defense; and
(C)
added
if such head submits a notification and justification to the appropriate congressional committees not later than 30 days after granting such waiver.
(e)
added
Exceptions— The prohibitions under subsections (a) and (b) shall not apply to—
(1)
added
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;
(2)
added
the acquisition or provision of health care services overseas for—
(A)
added
employees of the United States, including members of the uniformed services (as defined in section 101(a) of title 10, United States Code), whose official duty stations are located overseas or are on permissive temporary duty travel overseas; or
(B)
added
employees of contractors or subcontractors of the United States—
(i)
added
who are performing under a contract that directly supports the missions or activities of individuals described in subparagraph (A); and
(ii)
added
whose primary duty stations are located overseas or are on permissive temporary duty travel overseas;
(3)
added
the acquisition, use, or distribution of human multiomic data, lawfully compiled, that is commercially or publicly available; or
(4)
added
the procurement of medical countermeasures, medical products, and related supplies, including ancillary medical supplies, in direct response to a public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d).
(f)
added
Evaluation of certain biotechnology entities—
(1)
added
Entity consideration— Not later than one year after the date of the enactment of this Act, the Director of the Office of Management and Budget shall publish a list of the entities that constitute biotechnology companies of concern based on a list of suggested entities that shall be provided by the Secretary of Defense in coordination with the Attorney General, the Secretary of Health and Human Services, the Secretary of Commerce, the Director of National Intelligence, the Secretary of Homeland Security, the Secretary of State, and the National Cyber Director.
(2)
added
Biotechnology companies of concern defined— In this section, the term biotechnology company of concern means—
(A)
added
an entity that is identified in the annual list published in the Federal Register by the Department of Defense of Chinese military companies operating in the United States pursuant to section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3965; 10 U.S.C. 113 note);
(B)
added
any entity that is determined by the process established in paragraph (1) to meet the following criteria—
(i)
added
is subject to the administrative governance structure, direction, control, or operates on behalf of the government of a foreign adversary;
(ii)
added
is to any extent involved in the manufacturing, distribution, provision, or procurement of a biotechnology equipment or service; and
(iii)
added
poses a risk to the national security of the United States based on—
(I)
added
engaging in joint research with, being supported by, or being affiliated with a foreign adversary’s military, internal security forces, or intelligence agencies;
(II)
added
providing multiomic data obtained via biotechnology equipment or services to the government of a foreign adversary; or
(III)
added
obtaining human multiomic data via the biotechnology equipment or services without express and informed consent; and
(C)
added
any subsidiary, parent, affiliate, or successor of an entity described in subparagraphs (A) or (B), provided it meets the criteria set forth in subparagraph (B)(i).
(3)
added
Guidance— Not later than 180 days after publication of the list pursuant to paragraph (1), and any update to the list pursuant to paragraph (4), the Director of the Office of Management and Budget, in coordination with the Secretary of Defense, the Attorney General, the Secretary of Health and Human Services, the Secretary of Commerce, the Director of National Intelligence, the Secretary of Homeland Security, the Secretary of State, and the National Cyber Director, shall establish guidance as necessary to implement the requirements of this section.
(4)
added
Updates— The Director of the Office of Management and Budget, in coordination with or based on a recommendation provided by the Secretary of Defense, the Attorney General, the Secretary of Health and Human Services, the Secretary of Commerce, the Director of National Intelligence, the Secretary of Homeland Security, the Secretary of State, and the National Cyber Director, shall periodically, though not less than annually, review and, as appropriate, modify the list of biotechnology companies of concern, and notify the appropriate congressional committees of any such modifications.
(5)
added
Notice of a designation and review—
(A)
added
In general— A notice of a designation as a biotechnology company of concern under paragraph (2)(B) shall be issued to any biotechnology company of concern named in the designation—
(i)
added
advising that a designation has been made;
(ii)
added
identifying the criteria relied upon under such subparagraph and, to the extent consistent with national security and law enforcement interests, the information that formed the basis for the designation;
(iii)
added
advising that, within 90 days after receipt of notice, the biotechnology company of concern may submit information and arguments in opposition to the designation;
(iv)
added
describing the procedures governing the review and possible issuance of a designation pursuant to paragraph (1); and
(v)
added
where practicable, identifying mitigation steps that could be taken by the biotechnology company of concern that may result in the rescission of the designation.
(B)
added
Congressional notification requirements—
(i)
added
Notice of designation— The Director of the Office of Management and Budget shall submit the notice required under subparagraph (A) to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives.
(ii)
added
Information and argument in opposition to designations— Not later than 7 days after receiving any information and arguments in opposition to a designation pursuant to subparagraph (A)(iii), the Director of the Office of Management and Budget shall submit such information to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives.
(6)
added
No immediate public release— Any designation made under paragraph (1) or paragraph (4) shall not be made publicly available until the Director of the Office of Management and Budget, in coordination with appropriate agencies, reviews all information submitted under paragraph (5)(A)(iii) and issues a final determination that a company shall remain listed as a biotechnology company of concern.
(g)
added
Evaluation of national security risks posed by foreign adversary acquisition of American multiomic data—
(1)
added
Assessment— Not later than 270 days after the enactment of this Act, the Director of National Intelligence, in consultation with the Secretary of Defense, the Attorney General of the United States, the Secretary of Health and Human Services, the Secretary of Commerce, the Secretary of Homeland Security, the Secretary of State, and the National Cyber Director, shall complete an assessment of risks to national security posed by human multiomic data from United States citizens that is collected or stored by a foreign adversary from the provision of biotechnology equipment or services.
(2)
added
Report requirement— Not later than 30 days after the completion of the assessment developed under paragraph (1), the Director of National Intelligence shall submit a report with such assessment to the appropriate congressional committees.
(3)
added
Form— The report required under paragraph (2) shall be in unclassified form, but may include a classified annex.
(h)
added
Regulations— Not later than one year after the date of establishment of guidance required under subsection (f)(3), and as necessary for subsequent updates, the Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation as necessary to implement the requirements of this section.
(i)
added
Reporting on intelligence on nefarious activities of biotechnology companies with human multiomic data— Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Director of National Intelligence, in consultation with the heads of executive agencies, shall submit to the appropriate congressional committees a report on any intelligence in possession of such agencies related to nefarious activities conducted by biotechnology companies with human multiomic data. The report shall include information pertaining to potential threats to national security or public safety from the selling, reselling, licensing, trading, transferring, sharing, or otherwise providing or making available to any foreign country of any forms of multiomic data of a United States citizen.
(j)
added
No additional funds— No additional funds are authorized to be appropriated for the purpose of carrying out this section.
(k)
added
Definitions— In this section:
(1)
added
Appropriate congressional committees— The term appropriate congressional committees means—
(A)
added
the Committee on Armed Services, the Select Committee on Intelligence, the Committee on Homeland Security and Governmental Affairs, the Committee on Health, Education, Labor, and Pensions, and the Committee on Foreign Relations of the Senate; and
(B)
added
the Committee on Armed Services, the Permanent Select Committee on Intelligence, the Committee on Foreign Affairs, the Committee on Oversight and Government Reform, the Committee on Energy and Commerce, and the Select Committee on Strategic Competition between the United States and the Chinese Communist Party of the House of Representatives.
(2)
added
Biotechnology equipment or service— The term biotechnology equipment or service means—
(A)
added
equipment, including genetic sequencers, or any other instrument, apparatus, machine, or device, including components and accessories thereof, that is designed for use in the research, development, production, or analysis of biological materials as well as any software, firmware, or other digital components that are specifically designed for use in, and necessary for the operation of, such equipment;
(B)
added
any service for the research, development, production, analysis, detection, or provision of information, including data storage and transmission related to biological materials, including—
(i)
added
advising, consulting, or support services with respect to the use or implementation of an instrument, apparatus, machine, or device described in subparagraph (A); and
(ii)
added
disease detection, genealogical information, and related services; and
(C)
added
any other service, instrument, apparatus, machine, component, accessory, device, software, or firmware that is designed for use in the research, development, production, or analysis of biological materials that the Director of the Office of Management and Budget, in consultation with the heads of executive agencies, as determined appropriate by the Director of the Office of Management and Budget, determines appropriate in the interest of national security.
(3)
added
Contract— Except as the term is used under subsection (b)(2) and subsection (c)(3), the term contract means any contract subject to the Federal Acquisition Regulation issued under section 1303(a)(1) of title 41, United States Code.
(4)
added
Control— The term control has the meaning given to that term in section 800.208 of title 31, Code of Federal Regulations, or any successor regulations.
(5)
added
Executive agency— The term executive agency has the meaning given the term Executive agency in section 105 of title 5, United States Code.
(6)
added
Foreign adversary— The term foreign adversary has the meaning given the term covered nation in section 4872(f) of title 10, United States Code.
(7)
added
Multiomic— The term multiomic means data types that include genomics, epigenomics, transcriptomics, proteomics, and metabolomics.
(8)
added
Overseas— The term overseas means any area outside of the United States, the Commonwealth of Puerto Rico, or a territory or possession of the United States.
Sec. 882
SkyFoundry Program
added
(1)
added
Program required— The Secretary of Defense shall establish a program to encourage the rapid development, testing, and scalable manufacturing of small unmanned aircraft systems and components, with potential expansion to associated energetics and other autonomous systems as determined by the Secretary, leveraging existing competencies within the commercial sector and the Department of Defense organic industrial base.
(2)
added
Designation— The program established pursuant to paragraph (1) shall be known as the “SkyFoundry Program” (in this section the “Program”).
(3)
added
Administration— The Secretary of Defense shall—
(A)
added
administer the Program through the Secretary of the Army; and
(B)
added
establish the Program as part of the Defense Industrial Resilience Consortium.
(b)
added
Alternative acquisition mechanism— In carrying out the Program, the Secretary of Defense shall prioritize alternative acquisition mechanisms to accelerate development and production, including—
(1)
added
other transaction authority under section 4022 of title 10, United States Code;
(2)
added
middle tier of acquisition pathway for rapid prototyping and rapid fielding as authorized by section 3602 of such title; and
(3)
added
software acquisition pathway as authorized by section 3603 of such title.
(c)
added
Components— The Program shall have two components as follows:
(1)
added
Innovation facility— An innovation facility for the development of small unmanned aircraft systems. The facility may be operated by United States Special Operations Command in collaboration with United States Army Materiel Command, serving as the research, development, and testing hub, integrating lessons learned from global conflicts to rapidly evolve United States small unmanned aircraft systems designs in partnership with contractor entities.
(2)
added
Production facility— The Commander of United States Army Materiel Command shall identify a production facility with the competencies for producing various forms of small unmanned aircraft systems and components of small unmanned aircraft systems. The facility shall be operated by United States Army Materiel Command in collaboration with industry partners to enable scalable production as needed.
(d)
added
Public-private partnership model— To support the Program, the Secretary may leverage authorities, including section 2474 of title 10, United States Code, to foster voluntary public-private partnerships. Such partnerships may include—
(1)
added
agreements with private industry, academic institutions, and nonprofit organizations in support of the Program; and
(2)
added
innovative arrangements that allow industry partners to utilize government facilities and equipment, such as co-located hybrid teams of military, civilian, and contractor personnel, to promote technology transfer, workforce development, and surge capacity.
(e)
added
Facilities and infrastructure—
(1)
added
In general— In carrying out the Program, the Secretary shall prioritize utilizing or modifying existing Army Depot facilities and select at least two separate sites for the Program, one to house the innovation facility required by paragraph (1) of subsection (c) and one to house the production facility required by paragraph (2) of such subsection.
(2)
added
Authority to renovate, expand, and construct— The Secretary may renovate, expand, or construct facilities for the Program using available funds, notwithstanding chapter 169 of title 10, United States Code.
(3)
added
Selection of sites— When selecting sites for the Program, the Secretary shall consider that the production facility required by subsection (c)(2) shall be housed at an existing Army Depot.
(f)
added
Intellectual property rights— The Secretary shall ensure that any public-private partnership established under this section provides the United States delivery of technical data and rights in technical data for any systems or technologies developed under the Program using Federal Government funding in accordance with sections 3771 through 3775 of title 10, United States Code.
(g)
added
Defense Production Act designation— The President (or the Secretary of Defense under delegated authority) may use authorities under title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) to support domestic industrial base capacity for small unmanned aircraft systems and associated energetics and autonomous systems.
Sec. 922
Establishment of Advanced Nuclear Transition Working Group
(a)
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish an Advanced Nuclear Transition Working Group (referred to in this section as the “working group”).
(b)
Membership— The Working Group shall be composed of the following members:
(1)
The Assistant Secretary of Defense for Energy, Installations, and Environment.
(2)
The Assistant Secretary of the Army for Installations, Energy, and Environment.
(3)
The Assistant Secretary of the Navy for Energy, Installations, and Environment.
(4)
The Assistant Secretary of the Air Force for Energy, Installations, and Environment.
(5)
The Joint Staff Director for Logistics, J4.
(6)
The Principal Director for Energy Resilience of the Office of the Under Secretary of Defense for Research and Engineering.
(7)
The Director of the Strategic Capabilities Office.
(8)
The Director of the Defense Innovation Unit.
(9)
The heads of such other components of the Department of Defense, as determined by the Chair.
(c)
Chair— The Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs, or a designee, shall serve as the Chair of the Working Group.
(d)
Duties— The duties of the Working Group shall include the following:
(1)
To develop and execute a strategy to accelerate the procurement and fielding of commercial advanced nuclear capabilities, in compliance with laws, regulations, and agreements, and consistent with best practices.
(2)
To identify and elevate the critical energy requirements of the combatant commands, United States military installations, and the infrastructure and mission capabilities needs of the combatant commands and military installations that may be addressed with advanced nuclear reactors.
(3)
To connect the combatant commands and military installations with ongoing and planned efforts.
(4)
To create an accelerated pathway to leverage advanced nuclear technologies to address operational gaps.
(5)
To provide a forum for members of the Working Group to coordinate advanced nuclear demonstration and transition efforts, including by increasing opportunities and venues for government and commercial research and development, testing and evaluation, and procurement activities.
(6)
To advocate for appropriate levels of resourcing within planning, programming, budgeting, and execution processes to advance the development and use of nuclear energy technologies across the Department of Defense.
(7)
To coordinate interagency activities and develop best practices on workforce development, regulatory pathways, licensing frameworks, access to fuel sources, safety and security standards, and decommissioning that currently hinder more rapid fielding of advanced nuclear reactors.
(8)
To establish venues through which to engage commercial companies developing advanced reactors so as to review the technology readiness, timeline, and availability of reactor capabilities for defense applications.
(9)
To inform and complete the briefings and reports required in subsection (f).
(e)
Meetings— The Working Group shall meet at the call of the Chair and not less than once per quarter.
(1)
In general— Not later than September 30, 2026, and annually thereafter until 2029, the Chair shall submit to the appropriate congressional committees a report describing the status of advanced nuclear projects, associated funding and requirements, planned program transitions, actions, and milestones of the Working Group, and other matters as determined by the Secretary of Defense and the Working Group during the preceding year.
(2)
Contents— Each report required by paragraph (1) shall include the following:
(A)
A summary on the adequacy of existing energy storage and distribution systems to meet mission requirements in a contested or austere operating environment.
(B)
An identification of the critical energy requirements of the combatant commands, United States military installations, and the infrastructure and weapons capabilities needs of the combatant commands and military installations that may be addressed with the use of microreactors or small modular reactors, including through expeditionary, transportable, stationary, space-based, or floating power plants.
(C)
A list of prioritized potential use cases, including—
(ii)
power for operational systems in austere environments;
(iii)
desalination or other water production systems;
(iv)
synthetic fuel production;
(v)
directed energy weapons;
(vi)
artificial intelligence at the edge;
(vii)
defense support of civil authorities;
(viii)
humanitarian response; and
(ix)
3D/additive manufacturing.
(D)
Recommendations for at least 3 pilot projects.
(3)
Appropriate congressional committees— The term appropriate congressional committees means—
(A)
the Committee on Armed Services of the Senate; and
(B)
the Committee on Armed Services of the House of Representatives.
(g)
Termination— The Working Group shall terminate on September 30, 2029.
(h)
added
Pilot program— The Secretary of Defense shall establish a pilot program for deploying microreactors at United States military installations to strengthen energy resilience and reduce reliance on vulnerable civilian grids.
Sec. 1038
Continued implementation of anti-trafficking programs for children
added
(a)
added
Short title— This section may be cited as the “Preventing Child Trafficking Act of 2025”.
(b)
added
Defined term— In this section, the term anti-trafficking recommendations means the recommendations set forth in the report of the Government Accountability Office entitled “Child Trafficking: Addressing Challenges to Public Awareness and Survivor Support”, which was published on December 11, 2023.
(c)
added
In general— The Office for Victims of Crime of the Department of Justice, in coordination with the Office on Trafficking in Persons of the Administration for Children and Families, shall continue implementing the anti-trafficking recommendations by—
(1)
added
working together, in accordance with the leading collaboration practices referenced in GAO–24-106038, to develop and implement strategies to prevent child trafficking and support child trafficking survivors; and
(2)
added
establishing achievable performance goals and targets for anti-trafficking programs for children that reflect leading practices, such as being objective, measurable, and quantifiable, using baseline data from program grantees.
(d)
added
Report— Not later than 180 days after the date of the enactment of this Act, the Director of the Office for Victims of Crime shall submit a report to the Committee on the Judiciary of the Senate and Committee on the Judiciary of the House of Representatives that explicitly describes the steps taken pursuant to subsection (c).
Sec. 1056
Department of Defense sensitive activities
(a)
Oversight of Department of Defense Sensitive Activities— Chapter 3 of title 10, United States Code, is amended by inserting after section 130f the following new section:
changed
“103g. “103. Oversight of Department of Defense sensitive activities.
“(a) In general—The Secretary of Defense shall keep the congressional defense committees fully and currently informed of Department of Defense sensitive activities.
“(b) Notification—The Secretary of Defense shall submit to the congressional defense committees notice in writing of a compromise or failure of any Department of Defense sensitive activity not later than 48 hours following the compromise or failure.
“(c) Procedures—The Secretary of Defense, in coordination with the congressional defense committees, shall establish and submit to such committees procedures for complying with the requirements of subsection (a) and (b) consistent with the national security of the United States and the protection of operational integrity. The Secretary shall promptly notify the congressional defense committees in writing of any changes to such procedures at least 14 days prior to the adoption of any such changes.
“(d) Sensitive activity defined—In this section, the term sensitive activity means operations, actions, activities, or programs that, if compromised, could have enduring adverse effects on United States foreign policy, Department of Defense activities, or military operations, or cause significant embarrassment to the United States, United States allies, or the Department of Defense.”
(b)
Process for coordinating and deconflicting contracts— Consistent with section 867 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 10 U.S.C. note prec. 4601), the Secretary of Defense shall establish a process for coordinating and deconflicting contracts of the Department of Defense that support or enable sensitive activities with other departments and agencies of the Federal government, as appropriate.
Sec. 1067
Review of and reporting on national security sensitive sites for purposes of reviews of real estate transactions by the Committee on Foreign Investment in the United States
added
(a)
added
List of national security sensitive sites— Section 721(a)(4)(C) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(4)(C)) is amended by adding at the end the following:
added
“(iii) List of sites—For purposes of subparagraph (B)(ii), the Committee may prescribe through regulations a list of facilities and property of the United States Government that are sensitive for reasons relating to national security. Such list may include certain facilities and property of the intelligence community and National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)).”
(b)
added
Review and reports— Section 721(m) of the Defense Production Act of 1950 (50 U.S.C. 4565(m)(2)) is amended—
(1)
added
in paragraph (2), by adding at the end the following:
added
“(L) A list of all notices and declarations filed and all reviews or investigations of covered transactions completed during the period relating to facilities and property of the United States Government determined to be sensitive for reasons relating to national security for purposes of subsection (a)(4)(B)(ii).
added
“(M) A certification that the list of sites identified under subsection (a)(4)(C)(iii) reflects consideration of the recommended updates and revisions submitted under paragraph (4)(B). Upon request from any Member of Congress specified in subsection (b)(3)(C)(iii), the chairperson shall provide a classified briefing to that Member, and staff of the member with appropriate security clearances, regarding the list of sites identified under subsection (a)(4)(C)(iii).”
(2)
added
by redesignating paragraph (4) as paragraph (5); and
(3)
added
by inserting after paragraph (3) the following:
added
“(4) Annual review of list of facilities and property—Not later than January 31 of each year, each member of the Committee shall—
added
“(A) review the facilities and property of the agency represented by that member that are on the list prescribed under subparagraph (C)(iii) of subsection (a)(4) of facilities and property that are sensitive for reasons relating to national security for purposes of subparagraph (B)(ii) of that subsection; and
added
“(B) submit to the chairperson a report on that review, after approval of the report by an Assistant Secretary or equivalent official of the agency, which shall include any recommended updates or revisions to the list regarding facilities and property administered by the member of the Committee.”
Sec. 1068
Eligibility of spouses for services under the disabled veterans’ outreach program
added
added
Section 4103A of title 38, United States Code, is amended—
(1)
added
in subsection (a)—
(A)
added
in paragraph (1)—
(i)
added
in the matter preceding subparagraph (A), by inserting “and eligible persons” after “eligible veterans”; and
(ii)
added
in subparagraph (C), by inserting “, and eligible persons,” after “Other eligible veterans”;
(B)
added
in paragraph (2), by inserting “and eligible persons” after “veterans” each place it appears; and
(C)
added
in paragraph (3)—
(i)
added
by inserting “or eligible person” after “veteran” each place it appears; and
(ii)
added
by inserting “or eligible person’s” after “veteran’s”;
(2)
added
in subsection (d)(1)—
(A)
added
by inserting “and eligible persons” after “eligible veterans” each place it appears; and
(B)
added
by striking “non-veteran-related”; and
(3)
added
by adding at the end the following new subsection:
added
“(e) Eligible person defined—In this section, the term eligible person means—
added
“(1) any spouse described in section 4101(5) of this title; or
added
“(2) the spouse of any person who died while a member of the Armed Forces.”
Sec. 1069
Authority of Marshal of the Supreme Court and Supreme Court Police
added
added
Section 6121(a)(2) of title 40, United States Code, is amended by striking subparagraph (C) and inserting the following:
added
“(C) if the Marshal determines such protection is necessary—
added
“(i) any retired or former Chief Justice or Associate Justice of the Supreme Court; or
added
“(ii) any member of the immediate family of the Chief Justice, any Associate Justice, any retired or former Chief Justice or Associate Justice, or any officer of the Supreme Court.”
Sec. 1070
Second Chance Act Reauthorization
added
(a)
added
State and local reentry demonstration projects— Section 2976 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10631) is amended—
(1)
added
in subsection (b)—
(A)
added
in paragraph (7), by striking “and” at the end;
(B)
added
in paragraph (8), by striking the period at the end and inserting a semicolon; and
(C)
added
by adding at the end the following:
added
“(9) treating substance use disorders, including by providing peer recovery services, case management, and access to overdose education and overdose reversal medications; and
added
“(10) providing reentry housing services.”
(2)
added
in subsection (o)(1), by striking “2019 through 2023” and inserting “2026 through 2030”.
(b)
added
Grants for family-based substance abuse treatment— Section 2926(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10595a(a)) is amended by striking “2019 through 2023” and inserting “2026 through 2030”.
(c)
added
Grant program to evaluate and improve educational methods at prisons, jails, and juvenile facilities— Section 1001(a)(28) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10261(a)(28)) is amended by striking “2019, 2020, 2021, 2022, and 2023” and inserting “2026 through 2030”.
(d)
added
Careers training demonstration grants— Section 115(f) of the Second Chance Act of 2007 (34 U.S.C. 60511(f)) is amended by striking “2019, 2020, 2021, 2022, and 2023” and inserting “2026 through 2030”.
(e)
added
Offender reentry substance abuse and criminal justice collaboration program— Section 201(f)(1) of the Second Chance Act of 2007 (34 U.S.C. 60521(f)(1)) is amended by striking “2019 through 2023” and inserting “2026 through 2030”.
(f)
added
Community-based mentoring and transitional service grants to nonprofit organizations— Section 211(f) of the Second Chance Act of 2007 (34 U.S.C. 60531(f)) is amended by striking “2019 through 2023” and inserting “2026 through 2030”.
Sec. 1071
Application of leave provisions for members of the Armed Forces to members of the Public Health Service
added
(a)
added
In general— Section 221(a) of the Public Health Service Act (42 U.S.C. 213a(a)) is amended by adding at the end the following:
added
“(22) Chapter 40, Leave.”
(b)
added
Conforming repeal— Section 219 of the Public Health Service Act (42 U.S.C. 210–1) is repealed.
Sec. 1072
Study of national security risks posed by certain routers and modems
added
(a)
added
In general— The Secretary shall conduct a study of the national security risks and cybersecurity vulnerabilities posed by consumer routers, modems, and devices that combine a modem and router that are designed, developed, manufactured, or supplied by persons owned by, controlled by, or subject to the influence of a covered country.
(b)
added
Report to Congress— Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study conducted under subsection (a).
(c)
added
Definitions— In this section:
(1)
added
Covered country— The term covered country means a country specified in section 4872(f)(2) of title 10, United States Code.
(2)
added
Secretary— The term Secretary means the Secretary of Commerce, in consultation with the Assistant Secretary of Commerce for Communications and Information.
Sec. 1073
Fairness in issuance of tactical equipment to Diplomatic Security Service personnel
added
(a)
added
In general— In any instance when the Diplomatic Security Service of the Department of State issues tactical gear to Special Agents, uniform division officers, or personal service contractors, the Service must, whenever such products are commercially available, provide both men’s and women’s sizing options.
(b)
added
Tactical equipment defined— In this section, the term tactical equipment includes, among other items, ballistic plates, ballistic plate carriers, helmets, media jackets, tactical pants, and gloves.
Sec. 1074
Commercial Space Activity Advisory Committee
added
(a)
added
Establishment— Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a Commercial Space Activity Advisory Committee (in this section referred to as the “Committee”).
(1)
added
In general— The Committee shall be composed of 15 members appointed by the Secretary.
(2)
added
Qualifications—
(A)
added
In general— The Committee shall be composed of representatives from a variety of space policy, engineering, technical, science, legal, academic, and finance fields who have significant experience in the commercial space industry, which may include previous Government experience.
(i)
added
In general— Except as provided in clause (ii), the Secretary may not appoint as a member of the Committee any employee or official of the Federal Government.
(ii)
added
Exception— The Secretary may appoint as a member of the Committee a special government employee (as defined in section 202(a) of title 18, United States Code) who serves on 1 or more other Federal advisory committees.
(3)
added
Term— Each individual appointed as a member of the Committee—
(A)
added
shall be appointed for a term of not more than 4 years; and
(B)
added
during the 2-year period beginning on the date on which such term ends, may not serve as a member of the Committee.
(c)
added
Duties— The duties of the Committee shall be—
(1)
added
to advise on the status and recent developments of nongovernmental space activities;
(2)
added
to provide to the Secretary and Congress recommendations on the manner in which the United States may facilitate and promote a safe, sustainable, robust, competitive, and innovative commercial sector that is investing in, developing, and conducting space activities within the jurisdiction of the Department of Commerce, including through the development and implementation of any regulatory framework applicable to the commercial space industry.
(3)
added
to identify, and provide recommendations in response to, any challenge faced by the United States commercial sector relating to—
(A)
added
the application of international obligations of the United States relevant to commercial space sector activities in outer space;
(B)
added
export controls that affect the commercial space sector;
(C)
added
harmful interference with commercial space sector activities in outer space; and
(D)
added
access to adequate, predictable, and reliable radio frequency spectrum;
(4)
added
to review existing best practices for United States entities to avoid—
(A)
added
the harmful contamination of the Moon and other celestial bodies; and
(B)
added
adverse changes in the environment of the Earth resulting from the introduction of extraterrestrial matter; and
(5)
added
to provide information, advice, and recommendations on matters relating to—
(A)
added
United States commercial space sector activities in outer space; and
(B)
added
other commercial space sector activities, as the Committee considers necessary.
(d)
added
Termination— The Committee shall terminate on the date that is 10 years after the date on which the Committee is established.
(e)
added
Definitions— In this section:
(1)
added
Secretary— The term Secretary means the Secretary of Commerce, acting through the Office of Space Commerce.
(2)
added
State— The term State means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other commonwealth, territory, or possession of the United States.
(3)
added
United States entity— The term United States entity means—
(A)
added
an individual who is a national of the United States (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a))); and
(B)
added
a nongovernmental entity organized or existing under, and subject to, the laws of the United States or a State.
Sec. 1075
Review and prohibitions by Committee on Foreign Investment in the United States of certain transactions relating to agriculture
added
(a)
added
In general— Section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565) is amended—
(1)
added
in subsection (a), by adding at the end the following:
added
“(14) Agriculture—The term agriculture has the meaning given that term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).”
(2)
added
in subsection (b)(1), by adding at the end the following:
added
“(I) Consideration of certain agricultural land transactions
added
“(i) In general—Not later than 30 days after receiving notification from the Secretary of Agriculture of a reportable agricultural land transaction, the Committee shall determine—
added
“(I) whether the transaction is a covered transaction; and
added
“(II) if the Committee determines that the transaction is a covered transaction, whether to—
added
“(aa) request the submission of a notice under clause (i) of subparagraph (C) or a declaration under clause (v) of such subparagraph pursuant to the process established under subparagraph (H); or
added
“(bb) initiate a review pursuant to subparagraph (D).
added
“(ii) Reportable agricultural land transaction defined—In this subparagraph, the term reportable agricultural land transaction means a transaction—
added
“(I) that the Secretary of Agriculture has reason to believe is a covered transaction;
added
“(II) that involves the acquisition of an interest in agricultural land by a foreign person, other than an excepted investor or an excepted real estate investor, as such terms are defined in regulations prescribed by the Committee; and
added
“(III) with respect to which a person is required to submit a report to the Secretary of Agriculture under section 2(a) of the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3501(a)).
added
“(iii) Rule of construction—Nothing in this subparagraph shall be construed to apply to the acquisition of an interest in agricultural land by a United States citizen or an alien lawfully admitted for permanent residence to the United States.”
(3)
added
in subsection (k)(2)—
(A)
added
by redesignating subparagraphs (H), (I), and (J) as subparagraphs (I), (J), and (K), respectively; and
(B)
added
by inserting after subparagraph (G) the following:
added
“(H) The Secretary of Agriculture, with respect to any covered transaction related to the purchase of agricultural land or agricultural biotechnology or otherwise related to the agriculture industry in the United States.”
(4)
added
by adding at the end the following:
added
“(r) Prohibitions relating to purchases of agricultural land and agricultural businesses
added
“(1) In general—If the Committee, in conducting a review under this section, determines that a transaction described in clause (i), (ii), or (iv) of subsection (a)(4)(B) would result in the purchase or lease by a covered foreign person of real estate described in paragraph (2) or would result in control by a covered foreign person of a United States business engaged in agriculture, the President shall prohibit the transaction unless a party to the transaction voluntarily chooses to abandon the transaction.
added
“(2) Real estate described—Subject to regulations prescribed by the Committee, real estate described in this paragraph is agricultural land (as defined in section 9 of the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3508)) in the United States that is in close proximity (subject to subsection (a)(4)(C)(ii)) to a United States military installation or another facility or property of the United States Government that is—
added
“(A) sensitive for reasons relating to national security for purposes of subsection (a)(4)(B)(ii)(II)(bb); and
added
“(B) identified in regulations prescribed by the Committee.
added
“(3) Waiver—The President may waive, on a case-by-case basis, the requirement to prohibit a transaction under paragraph (1) after the President determines and reports to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives that the waiver is in the national interest of the United States.
added
“(4) Covered foreign person defined
added
“(A) In general—In this subsection, subject to regulations prescribed by the Committee, the term covered foreign person—
added
“(i) means any foreign person (including a foreign entity) that acts as an agent, representative, or employee of, or acts at the direction or control of, the government of a covered country; and
added
“(ii) does not include a United States citizen or an alien lawfully admitted for permanent residence to the United States.
added
“(B) Covered country defined—For purposes of subparagraph (A), the term covered country means any of the following countries, if the country is determined to be a foreign adversary pursuant to section 791.4 of title 15, Code of Federal Regulations (or a successor regulation):
added
“(i) The People’s Republic of China.
added
“(ii) The Russian Federation.
added
“(iii) The Islamic Republic of Iran.
added
“(iv) The Democratic People’s Republic of Korea.”
(b)
added
Spending plans— Not later than 60 days after the date of the enactment of this Act, each department or agency represented on the Committee on Foreign Investment in the United States shall submit to the chairperson of the Committee a copy of the most recent spending plan required under section 1721(b) of the Foreign Investment Risk Review Modernization Act of 2018 (50 U.S.C. 4565 note).
(1)
added
In general— The President shall direct, subject to section 553 of title 5, United States Code, the issuance of regulations to carry out the amendments made by this section.
(2)
added
Effective date— The regulations prescribed under paragraph (1) shall take effect not later than one year after the date of the enactment of this Act.
(d)
added
Effective date; applicability— The amendments made by this section shall—
(1)
added
take effect on the date that is 30 days after the effective date of the regulations under subsection (c)(2); and
(2)
added
apply with respect to a covered transaction (as defined in section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565)) that is proposed, pending, or completed on or after the date described in paragraph (1).
Sec. 1076
Finding opportunities for resource exploration
added
(a)
added
Sense of Congress— It is the sense of Congress that the United States should prioritize, to the greatest extent practicable, the onshoring of critical mineral processing.
(b)
added
Definitions— In this section:
(1)
added
Allied foreign country— The term allied foreign country means a member country of the North Atlantic Treaty Organization or a country that has been designated as a major non-NATO ally under section 517 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321k).
(2)
added
Critical mineral— The term critical mineral has the meaning given the term in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)).
(3)
added
Institution of higher education— The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(4)
added
Partner foreign country— The term partner foreign country means a country that is a source of a critical mineral or rare earth element.
(5)
added
Rare earth element— The term rare earth element means cerium, dysprosium, erbium, europium, gadolinium, holmium, lanthanum, lutetium, neodymium, praseodymium, promethium, samarium, scandium, terbium, thulium, ytterbium, or yttrium.
(6)
added
Secretary— The term Secretary means the Secretary of the Interior, acting through the Director of the United States Geological Survey.
(c)
added
Memorandum of understanding with respect to the mapping of critical minerals and rare earth elements—
(1)
added
Memorandum of understanding— The Secretary may enter into a memorandum of understanding with 1 or more heads of agencies of partner foreign countries with respect to scientific and technical cooperation in the mapping of critical minerals and rare earth elements.
(2)
added
Objectives— In negotiating a memorandum of understanding under paragraph (1), the Secretary shall seek to increase the security and resilience of international supply chains, to the maximum extent practicable, for critical minerals and rare earth elements by—
(A)
added
committing to assisting the partner foreign country through cooperative activities described in paragraph (3) that help the partner foreign country map reserves of critical minerals and rare earth elements; and
(B)
added
ensuring that mapping data created through the cooperative activities described in paragraph (3) is protected against unauthorized access by, or disclosure to, governmental or private entities based in countries that are not—
(i)
added
a party to the memorandum of understanding; or
(ii)
added
an allied foreign country.
(3)
added
Cooperative activities— The cooperative activities referred to in paragraphs (2) and (5)(A)(ii) include—
(A)
added
acquisition, compilation, analysis, and interpretation of geologic, geophysical, geochemical, and spectroscopic remote sensing data;
(B)
added
prospectivity mapping and mineral resource assessment;
(C)
added
analysis of geoscience data, including developing derivative map products that can help more effectively evaluate the mineral resources of the partner foreign country;
(D)
added
scientific collaboration to enhance the understanding and management of the natural resources of the partner foreign country to contribute to the sustainable development of the mineral resources sector of that partner foreign country;
(E)
added
training and capacity building in each area described in subparagraphs (A) through (D);
(F)
added
facilitation of education and specialized training in geoscience and mineral resource management at institutions of higher education;
(G)
added
training in relevant international standards for relevant officials of the government and private companies of the partner foreign country; and
(H)
added
cooperation among entities of the partner foreign country that are a party to the memorandum of understanding and entities in the United States, including Federal departments and agencies, institutions of higher education, research centers, and private companies.
(4)
added
Notification and report to Congress—
(A)
added
Definition of appropriate committees of Congress— In this paragraph, the term appropriate committees of Congress means—
(i)
added
the Committees on Energy and Natural Resources, Foreign Relations, and Appropriations of the Senate; and
(ii)
added
the Committees on Natural Resources, Foreign Affairs, and Appropriations of the House of Representatives.
(B)
added
Notification and report— Not later than 30 days before the Secretary intends to enter into a memorandum of understanding under paragraph (1), the Secretary and the Secretary of State shall jointly—
(i)
added
notify the appropriate committees of Congress; and
(ii)
added
submit to the appropriate committees of Congress a report detailing the implementing partners, scope of the memorandum of understanding, activities to be undertaken, estimated costs, and source of funding.
(5)
added
Secretary of State—
(A)
added
Authority— For purposes of negotiating and implementing the memorandum of understanding under paragraph (1), the Secretary of State shall be responsible for matters relating to—
(i)
added
ensuring that private companies headquartered in the United States or an allied foreign country are offered the right of first refusal in the further development of critical minerals and rare earth elements in the partner foreign country; and
(ii)
added
facilitating private-sector investment in the exploration and development of critical minerals and rare earth elements.
(B)
added
Concurrence— The Secretary shall obtain the concurrence of the Secretary of State in—
(i)
added
prioritizing and selecting partner foreign countries with which to enter into a memorandum of understanding under paragraph (1);
(ii)
added
negotiating a memorandum of understanding under paragraph (1);
(iii)
added
implementing a memorandum of understanding entered into under paragraph (1); and
(iv)
added
carrying out paragraphs (4) and (6).
(6)
added
Consultation with private sector— The Secretary shall consult with relevant private sector actors, as the Secretary determines to be appropriate, in—
(A)
added
prioritizing and selecting partner foreign countries with which to enter into a memorandum of understanding under paragraph (1); and
(B)
added
assessing how a memorandum of understanding can best facilitate private sector interest in pursuing the further development of critical minerals and rare earth elements in accordance with the objectives described in paragraph (2).
(d)
added
Savings clause— Nothing in this section impedes or otherwise alters any authority of the Director of the United States Geological Survey provided by—
(1)
added
the matter under the heading “GEOLOGICAL SURVEY” of the first section of the Act of March 3, 1879 (43 U.S.C. 31(a)); or
(2)
added
the first section of Public Law 87–626 (43 U.S.C. 31(b)).
Sec. 1077
Requirement to provide certain services to veterans in the Freely Associated States
added
(a)
added
Telehealth and mail order pharmacy benefits— Section 1724(f)(1) of title 38, United States Code, is amended by adding at the end the following:
added
“(C) Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, the Secretary shall furnish to veterans described in subparagraph (A), subject to agreements described in such subparagraph, telehealth benefits and mail order pharmacy benefits.”
(b)
added
Beneficiary travel— Section 111(h)(1) of such title is amended by striking “the Secretary may make payments” and inserting “beginning not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, the Secretary shall make payments”.
(c)
added
Quarterly report—
(1)
added
In general— Not less frequently than quarterly, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report on the status of implementation of the amendments made by this section and the cost of such implementation.
(2)
added
Appropriate committees of Congress defined— In this subsection, the term appropriate committees of Congress means—
(A)
added
the Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate; and
(B)
added
the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives.
(d)
added
Extension of certain limits on payments of pension— Section 5503(d)(7) of title 38, United States Code, is amended by striking “November 30, 2031” and inserting “April 30, 2032”.
Sec. 1078
Protecting covered information in public records
added
(a)
added
Definitions— In this section:
(1)
added
Applicable legislative officers— The term applicable legislative officers means—
(A)
added
with respect to a Member of the Senate or a designated Senate employee, the Sergeant at Arms and Doorkeeper of the Senate and the Secretary of the Senate, acting jointly; and
(B)
added
with respect to a Member of, or Delegate or Resident Commissioner to, the House of Representatives or a designated House employee, the Sergeant at Arms of the House of Representatives and the Chief Administrative Officer of the House of Representatives, acting jointly.
(2)
added
At-risk individual— The term at-risk individual means—
(A)
added
a Member of Congress;
(B)
added
any individual who is the spouse, parent, sibling, or child of an individual described in subparagraph (A);
(C)
added
any individual to whom an individual described in subparagraph (A) stands in loco parentis;
(D)
added
any other individual living in the household of an individual described in subparagraph (A);
(E)
added
any designated Senate employee;
(F)
added
any designated House employee; or
(G)
added
a former Member of Congress.
(3)
added
Candidate— The term candidate has the meaning given the term in section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101).
(4)
added
Covered employee— The term covered employee has the same meaning given such term in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301).
(5)
added
Covered information— The term covered information—
(i)
added
a home address, including a primary residence or secondary residences;
(ii)
added
a home or personal mobile telephone number;
(iii)
added
a personal email address;
(iv)
added
a social security number or driver’s license number;
(v)
added
a bank account or credit or debit card number;
(vi)
added
a license plate number or other unique identifier of a vehicle owned, leased, or regularly used by an at-risk individual;
(vii)
added
the identification of a child, who is under 18 years of age, of an at-risk individual;
(viii)
added
information regarding current or future school or day care attendance, including the name or addresses of the school or day care;
(ix)
added
information regarding schedules of school or day care attendance or routes taken to or from the school or day care by an at-risk individual;
(x)
added
information regarding routes taken to or from an employment location by an at-risk individual; or
(xi)
added
precise geolocation data that is not anonymized and can identify the location of a device of an at-risk individual; and
(B)
added
does not include information described in subparagraph (A) that is contained in—
(i)
added
any report or other record required to be filed with the Federal Election Commission; or
(ii)
added
any report or other record otherwise required under Federal or State law to be filed—
(I)
added
by an individual to qualify as a candidate for the office of Member of Congress; or
(II)
added
by any candidate for the office of Member of Congress.
(A)
added
In general— The term data broker means a commercial entity engaged in collecting, assembling, or maintaining personal information concerning an individual who is not a customer, client, or an employee of that entity in order to sell the information or otherwise profit from providing third-party access to the information.
(B)
added
Exclusion— The term data broker does not include a commercial entity engaged in the following activities:
(i)
added
Engaging in reporting, news-gathering, speaking, or other activities intended to inform the public on matters of public interest or public concern.
(ii)
added
Providing 411 directory assistance or directory information services, including name, address, and telephone number, on behalf of or as a function of a telecommunications carrier.
(iii)
added
Using personal information internally, providing access to businesses under common ownership or affiliated by corporate control, or selling or providing data for a transaction or service requested by or concerning the individual whose personal information is being transferred.
(iv)
added
Providing publicly available information via real-time or near-real-time alert services for health or safety purposes.
(v)
added
A consumer reporting agency, only while engaging in activity subject to the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.).
(vi)
added
A financial institution subject to the Gramm-Leach-Bliley Act (Public Law 106–102) and regulations implementing that Act.
(vii)
added
A covered entity for purposes of the privacy regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2 note).
(viii)
added
The collection and sale or licensing of covered information incidental to conducting the activities described in clauses (i) through (vii).
(7)
added
Designated House employee— The term designated House employee means—
(A)
added
a covered employee designated in writing by—
(i)
added
a Member of, or Delegate or Resident Commissioner to, the House of Representatives; or
(ii)
added
an officer of the House of Representatives; or
(B)
added
an officer of the House of Representatives.
(8)
added
Designated Senate employee— The term designated Senate employee means—
(A)
added
a covered employee designated in writing by—
(i)
added
a Member of the Senate; or
(ii)
added
an officer of the Senate; or
(B)
added
an officer of the Senate.
(9)
added
Government agency— The term Government agency includes—
(A)
added
an Executive agency, as defined in section 105 of title 5, United States Code; and
(B)
added
any agency in the judicial branch or legislative branch.
(10)
added
Immediate family member— The term immediate family member means an at-risk individual—
(A)
added
who is the spouse, parent, sibling, or child of another at-risk individual;
(B)
added
to whom another at-risk individual stands in loco parentis; or
(C)
added
living in the household of another at-risk individual.
(11)
added
Member of Congress— The term Member of Congress means—
(A)
added
a Member of the Senate; or
(B)
added
a Member of, or Delegate or Resident Commissioner to, the House of Representatives.
(12)
added
Transfer— The term transfer means to sell, license, trade, or exchange for consideration the covered information of an at-risk individual.
(b)
added
Government agencies—
(1)
added
In general— Each at-risk individual may—
(A)
added
file written notice of the status of the individual as an at-risk individual, for themselves and their immediate family members, with each Government agency that includes information necessary to ensure compliance with this section, as determined by the applicable legislative officers; and
(B)
added
request that each Government agency described in subparagraph (A) mark as private their covered information and that of their immediate family members.
(2)
added
No public posting—
(A)
added
In general— Government agencies shall not publicly post or display publicly available content that includes covered information of an at-risk individual.
(B)
added
Deadline— Upon receipt of a request by an at-risk individual under paragraph (1)(B), a Government agency shall remove the covered information of the at-risk individual, and any immediate family member on whose behalf the at-risk individual submitted the request, from publicly available content not later than 72 hours after such receipt.
(3)
added
Exceptions— Nothing in this section shall prohibit a Government agency from providing access to records containing the covered information of an at-risk individual to a third party if the third party—
(A)
added
possesses a signed release from the at-risk individual or a court order;
(B)
added
is subject to the requirements of title V of the Gramm-Leach-Bliley Act (15 U.S.C. 6801 et seq.); or
(C)
added
executes a confidentiality agreement with the Government agency.
(c)
added
Delegation of authority—
(1)
added
In general— An at-risk individual may directly, or through an agent designated by the at-risk individual, make any notice or request required or authorized by this section on behalf of the at-risk individual. The notice or request shall include information necessary to ensure compliance with this section.
(2)
added
Authorization of legislative officers and employees to make requests—
(A)
added
Legislative officers— Upon written request of a Member of Congress, designated Senate employee, or designated House employee, the applicable legislative officers are authorized to make any notice or request required or authorized by this section on behalf of the Member of Congress, designated Senate employee, or designated House employee, respectively. The notice or request shall include information necessary to ensure compliance with this section, as determined by the applicable legislative officers. Any notice or request made under this subparagraph shall be deemed to have been made by the Member of Congress, designated Senate employee, or designated House employee, as applicable, and comply with the notice and request requirements of this section.
(i)
added
In general— In lieu of individual notices or requests, the applicable legislative officers may provide Government agencies, data brokers, persons, businesses, or associations with a list of—
(I)
added
Members of Congress, designated Senate employees, and designated House employees making a written request described in subparagraph (A); and
(II)
added
immediate family members of the Members of Congress, designated Senate employees, and designated House employees on whose behalf the written request was made.
(ii)
added
Contents— A list provided under clause (i) shall include information necessary to ensure compliance with this section, as determined by the applicable legislative officers for the purpose of maintaining compliance with this section.
(iii)
added
Compliance with notice and request requirement— A list provided under clause (i) shall be deemed to comply with individual notice and request requirements of this section.
(d)
added
Data brokers and other businesses—
(A)
added
Data brokers— It shall be unlawful for a data broker to knowingly sell, license, trade for consideration, or purchase covered information of an at-risk individual.
(B)
added
Other businesses—
(i)
added
In general— Except as provided in clause (ii), no person, business, or association shall publicly post or publicly display on the internet covered information of an at-risk individual if the at-risk individual, or an immediate family member on behalf of the at-risk individual, has made a written request to that person, business, or association to not disclose the covered information of the at-risk individual.
(ii)
added
Exceptions— Clause (i) shall not apply to—
(I)
added
the display on the internet of the covered information of an at-risk individual if the information is relevant to and displayed as part of a news story, commentary, editorial, or other speech on a matter of public concern;
(II)
added
covered information that the at-risk individual voluntarily publishes on the internet after the date of enactment of this Act; or
(III)
added
covered information lawfully received from a Federal Government source (or from an employee or agent of the Federal Government).
(2)
added
Required conduct—
(A)
added
In general— After receiving a written request under paragraph (1)(B)(i), the person, business, or association shall—
(i)
added
remove within 72 hours the covered information from the internet and ensure that the information is not made available on any website or subsidiary website controlled by that person, business, or association; and
(ii)
added
ensure that the covered information of the at-risk individual is not made available on any website or subsidiary website controlled by that person, business, or association.
(i)
added
In general— Except as provided in clause (ii), after receiving a written request under paragraph (1)(B)(i), the person, business, or association shall not transfer the covered information of the at-risk individual to any other person, business, or association through any medium.
(ii)
added
Exceptions— Clause (i) shall not apply to—
(I)
added
the transfer of the covered information of the at-risk individual if the information is relevant to and displayed as part of a news story, commentary, editorial, or other speech on a matter of public concern;
(II)
added
covered information that the at-risk individual voluntarily publishes on the internet after the date of enactment of this Act; or
(III)
added
a transfer made at the request of the at-risk individual or that is necessary to effectuate a request to the person, business, or association from the at-risk individual.
(e)
added
Redress— An at-risk individual whose covered information is made public as a result of a violation of this section may bring an action seeking injunctive or declaratory relief in any court of competent jurisdiction.
(f)
added
Rules of construction—
(1)
added
In general— Nothing in this section shall be construed—
(A)
added
to prohibit, restrain, or limit—
(i)
added
the lawful investigation or reporting by the press of any unlawful activity or misconduct alleged to have been committed by an at-risk individual;
(ii)
added
the reporting on an at-risk individual regarding matters of public concern; or
(iii)
added
the disclosure of information otherwise required under Federal law;
(B)
added
to impair access to the actions or statements of a Member of Congress in the course of carrying out the public functions of the Member of Congress;
(C)
added
to limit the publication or transfer of covered information with the written consent of the at-risk individual; or
(D)
added
to prohibit information sharing by a data broker to a Federal, State, Tribal, or local government, or any unit thereof.
(2)
added
Protection of covered information— This section shall be broadly construed to favor the protection of the covered information of at-risk individuals.
(g)
added
Severability— If any provision of this section, or the application of such provision to any person or circumstance, is held to be unconstitutional, the remaining provisions of this section, and the application of the provision to any other person or circumstance, shall not be affected.
Sec. 1079
Improving coordination between Federal and State agencies and the Do Not Pay working system
added
(a)
added
In general— Section 205(r) of the Social Security Act (42 U.S.C. 405(r)), as amended by section 801(a)(7) of title VIII of division FF of the Consolidated Appropriations Act, 2021 (Public Law 116–260), is amended by striking paragraph (11) and inserting the following:
added
“(11) The Commissioner of Social Security shall, to the extent feasible, provide information furnished to the Commissioner under paragraph (1) to the agency operating the Do Not Pay working system described in section 3354(c) of title 31, United States Code, for the authorized uses of the Do Not Pay working system to help prevent improper payments of, and support the recovery of improperly paid, benefits or other payments through a cooperative arrangement with such agency, provided that the requirements of subparagraphs (A) and (B) of paragraph (3) are met with respect to such arrangement with such agency. The Commissioner of Social Security and the agency operating the Do Not Pay working system shall, while the data described in the preceding sentence is being provided to the agency operating the Do Not Pay working system, enter into an agreement based upon an agreed upon methodology, which covers the proportional share of State death data costs, which the Commissioner of Social Security and the agency operating the Do Not Pay working system may periodically review.
added
“(12) The Commissioner of Social Security may not record a death to a record that may be provided under this section for any individual unless the Commissioner of Social Security has found it has clear and convincing evidence to support that the individual should be presumed to be deceased.”
(b)
added
Improving coordination regarding individuals incorrectly identified as deceased— Section 205(r)(7) of the Social Security Act (42 U.S.C. 405(r)(7)), as added by section 801(a)(4) of title VIII of division FF of the Consolidated Appropriations Act, 2021 (Public Law 116–260), is amended by striking “and” at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting “; and”, and by adding at the end the following new subparagraph:
added
“(C) notify any agency that has a cooperative arrangement with the Commissioner of Social Security under paragraph (3) or (11) of the error.”
(c)
added
Effective date— The amendments made by this section shall take effect on December 27, 2026.
Sec. 1080
Agent membership
added
added
Section 304(b)(2) of the Federal Credit Union Act (12 U.S.C. 1795c(b)(2)) is amended by striking “all those credit unions” and inserting “any such credit unions”.
Sec. 1081
Exemption from immigrant visa limit
added
Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:
added
“(F) Aliens who—
added
“(i) are eligible for a visa under paragraph (1) or (3) of section 203(a); and
added
“(ii) have a parent (regardless of whether the parent is living or dead) who was naturalized pursuant to—
added
“(I) section 405 of the Immigration Act of 1990 (Public Law 101–649; 8 U.S.C. 1440 note); or
added
“(II) title III of the Act of October 14, 1940 (54 Stat. 1137, chapter 876), as added by section 1001 of the Second War Powers Act, 1942 (56 Stat. 182, chapter 199).”
(a)
removed
In general— Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries concerned shall establish a pathway for medically disqualified entry-level service members to enter civilian positions for which they are qualified in the Department of Defense or any of its components.
(b)
removed
Air Force DRIVE program— The Air Force's Develop, Redistribute, Improve, Vault, Expose (DRIVE) program shall be considered sufficient to meet the requirements of subsection (a) and may, but need not, serve as a baseline from which the other military departments design their programs.
(c)
removed
Entry-level service member defined— In this section, the term entry-level service member means a regular or reserve member of the Armed Forces who is currently attending or has military orders to attend within 90 days—
(1)
removed
basic training;
(2)
removed
a technical school of the Armed Forces;
(3)
removed
a service academy;
(4)
removed
the Reserve Officer Training Corps (ROTC);
(5)
removed
an officer accession program, including officer candidate school, officer training school, officer development school, or equivalent program.
Sec. 1082
Feasibility study on removal of oil from sunken World War II vessels in waters near the Federated States of Micronesia and the Republic of Palau
(a)
added
Sense of Congress— It is the sense of Congress that—
(1)
added
there is a significant environmental threat posed by World War II-era sunken Japanese warships, including three oil tankers, located in the waters near the Federated States of Micronesia and the Republic of Palau;
(2)
added
such sunken vessels contain an estimated 3,000,000 to 4,000,000 gallons of oil, or approximately the equivalent of 1/3 of the Exxon Valdez oil tanker spill in 1989; and
(3)
added
as such sunken vessels continue to deteriorate, small amounts of oil are already leaking, threatening to cause an ecological disaster that could negatively impact United States military activities, the marine ecosystem, and surrounding communities.
(1)
added
In general— The Secretary of Defense, in coordination with the Commander of the United States Indo-Pacific Command and the head of any other relevant Federal department or agency, as appropriate, shall conduct a comprehensive study on the feasibility and advisability of removing oil from the World War II-era sunken tankers, including an analysis of the cost, logistical requirements, environmental risks, and potential methods for removing the oil from the tankers.
(A)
added
In general— Not later than March 1, 2026, the Secretary shall submit to the appropriate committees of Congress a report on the findings of the study conducted under paragraph (1).
(B)
added
Elements— The report required by subparagraph (A) shall include the following:
(i)
added
An assessment of the operational and environmental risks posed by the oil remaining in the sunken tankers and warships, including current leakage and the potential impacts of a major spill.
(ii)
added
An evaluation of the cost, logistical challenges, and technical approaches for safely extracting or containing oil from the shipwrecks.
(iii)
added
A review of ongoing and planned efforts by the United States and international partners addressing such matter.
(iv)
added
Recommendations on next steps, including resource needs, interagency and international cooperation, and timelines for potential remediation efforts.
removed
Chapter 50 of title 10, United States Code, is amended by adding at the end the following new section:
removed
“996. Provision of information on career opportunities in the defense industrial base to persons medically disqualified for military service
removed
“(a) Establishment—The Secretary of Defense shall establish and implement a program to provide individuals who are not medically qualified for military service with information on employment opportunities in the defense industrial base or other employment opportunities in support of the national interests of the United States.
removed
“(b) Program—The program established under subsection (a) shall inform and refer persons described in subsection (a) to employment, apprenticeship, and training opportunities in—
removed
“(1) the defense industrial base;
removed
“(2) cybersecurity or intelligence support roles;
removed
“(3) research and development in defense technologies;
removed
“(4) national emergency and disaster preparedness; or
removed
“(5) any other non-military opportunity the Secretary considers in the national interests of the United States.
removed
“(c) Collaboration—The Secretary of Defense shall consult with entities in the defense industrial base, other Federal agencies, and academic institutions to carry out this section.”
Sec. 1083
Mapping America's Pharmaceutical Supply
(a)
added
Short title— This section may be cited as the “Mapping America's Pharmaceutical Supply Act” or the “MAPS Act”.
(b)
added
U.S. pharmaceutical supply chains mapping—
(1)
added
Pharmaceutical supply chain mapping— The Secretary, in coordination with the heads of other relevant Federal departments and agencies, shall ensure coordination of efforts of the Department of Health and Human Services, including through public-private partnerships, as appropriate, to—
(A)
added
map, or otherwise visualize, the supply chains, from manufacturing of key starting materials through manufacturing of finished dosage forms and distribution, of drugs and biological products, including the active ingredients of those drugs and biological products, that are—
(i)
added
directly related to responding to chemical, biological, radiological, or nuclear threats and incidents covered by the National Response Framework; or
(ii)
added
of greatest priority for providing health care and identified as being at high risk of shortage; and
(B)
added
use data analytics to identify supply chain vulnerabilities that pose a threat to national security, as determined by the Secretary or the heads of other relevant Federal departments and agencies.
(2)
added
Requirements— In carrying out paragraph (1), the Secretary shall—
(A)
added
describe the roles and responsibilities of agencies and offices within the Department of Health and Human Services related to monitoring such supply chains and assessing any related vulnerabilities;
(B)
added
facilitate the exchange of information between Federal departments, agencies, and offices, as appropriate and necessary to enable such agencies and offices to carry out roles and responsibilities described in subparagraph (A) related to drugs and biological products described in paragraph (1)(A), which may include—
(i)
added
the location of establishments registered under subsection (b), (c), or (i) of section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360) involved in the production of drugs and biological products, including the active ingredients of those drugs and biological products, described in paragraph (1)(A), and to the extent available, the amount of each such drug and biological product, including the active ingredients of those drugs and biological products, produced at each such establishment;
(ii)
added
to the extent available and as appropriate, the location of establishments so registered involved in the production of the key starting materials and excipients needed to produce each drug and biological product, including the active ingredients of those drugs and biological products, and the amount of such materials and excipients produced at each such establishment; and
(iii)
added
any applicable regulatory actions with respect to each such drug and biological product, or the establishments manufacturing such drugs and biological products, including with respect to—
(I)
added
inspections and related regulatory activities conducted under section 704 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374);
(II)
added
seizures pursuant to section 304 of such Act (21 U.S.C. 334);
(III)
added
any recalls issued;
(IV)
added
drugs or biological products that are, at the time of the determination, or that were at a previous time, included on the drug shortage list consistent with section 506E of such Act (21 U.S.C. 356e); and
(V)
added
discontinuances or interruptions in the production of such drugs or biological products under 506C of such Act (21 U.S.C. 355d).
(3)
added
Report— Not later than 18 months after the date of enactment of this Act, and annually thereafter, the Secretary, in consultation with the heads of departments and agencies with which the Secretary coordinates under paragraph (1), shall submit a report to the relevant committees of Congress on—
(A)
added
the current status of efforts to map and analyze pharmaceutical supply chains, as described in paragraph (1);
(B)
added
activities of the Secretary carried out under this subsection to coordinate efforts as described in paragraph (1), including information sharing between relevant Federal departments, agencies, and offices;
(C)
added
the roles and responsibilities described in paragraph (2)(A), including the identification of any gaps, data limitations, or areas of unnecessary duplication between such roles and responsibilities;
(D)
added
the extent to which Federal agencies use data analytics to conduct predictive modeling of anticipated drug shortages or risks associated with supply chain vulnerabilities that pose a threat to national security;
(E)
added
the extent to which the Secretary has engaged relevant industry in such mapping;
(F)
added
the drugs and biological products, including the active ingredients of those drugs and biological products, described in paragraph (1)(A) that rely on, for more than 50 percent of production, a high-risk foreign supplier or foreign entity of concern (as defined in section 9901(8) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651(8)));
(G)
added
the drugs and biological products, including the active ingredients of those drugs and biological products, described in paragraph (1)(A) that are sourced from foreign establishments for more than 50 percent of production, including drugs manufactured domestically from active pharmaceutical ingredients sourced from foreign establishments for more than 50 percent of production;
(H)
added
the current domestic manufacturing capabilities for drugs and biological products, including the active ingredients of those drugs and biological products, described in paragraph (1)(A), including the key starting materials and excipients of such drugs, biological products, and ingredients, and whether such capabilities utilize advanced manufacturing technologies; and
(I)
added
any public health or national security risks, including cybersecurity threats and critical infrastructure designations, with respect to the supply chains of drugs and biological products, including the active ingredients of those drugs and biological products, described in paragraph (1)(A).
(c)
added
Department of Defense biannual reports— Not later than 180 days after the date of enactment of this Act, and every 180 days thereafter, the Secretary of Defense shall submit to the relevant committees of Congress a report that lists all drugs purchased by the Department of Defense during the 180-day period preceding the date of the report—
(1)
added
that contain key starting materials, excipients, or active pharmaceutical ingredients sourced from the People’s Republic of China; or
(2)
added
for which the finished drug product was manufactured in the People’s Republic of China.
(d)
added
Definitions— In this section:
(1)
added
Advanced manufacturing— The term advanced manufacturing has the meaning given the term advanced and continuous pharmaceutical manufacturing in section 3016(h) of the 21st Century Cures Act (21 U.S.C. 399h(h)).
(2)
added
Biological product— The term biological product has the meaning given such term in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i)).
(3)
added
Cybersecurity threat— The term cybersecurity threat has the meaning given such term in section 2200 of the Homeland Security Act of 2002 (6 U.S.C. 650).
(4)
added
Drug— The term drug has the meaning given such term in section 201(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)).
(5)
added
Relevant committees of Congress— The term relevant committees of Congress means—
(A)
added
the Committee on Armed Services and the Committee on Health, Education, Labor, and Pensions of the Senate; and
(B)
added
the Committee on Armed Services and the Committee on Energy and Commerce of the House of Representatives.
(6)
added
Secretary— The term Secretary, except as otherwise specified, means the Secretary of Health and Human Services.
(e)
added
Additional provisions—
(1)
added
Confidential commercial information— The exchange of information among the Secretary and the heads of other relevant Federal departments and agencies for purposes of carrying out subsection (b) shall not be a violation of section 1905 of title 18, United States Code. This section shall not be construed to affect the status, if any, of such information as trade secret or confidential commercial information for purposes of section 301(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(j)), section 552 of title 5, United States Code, or section 1905 of title 18, United States Code.
(2)
added
Cybersecurity measures— The Secretary shall ensure that robust cybersecurity measures are in place to prevent inappropriate access to, or unauthorized disclosure of, the information identified, exchanged, or disclosed under subsection (b).
removed
The Secretary of the Navy shall provide information about career opportunities at Military Sealift Command and workforce training programs for shipbuilders to Navy personnel.
Sec. 1081
Integration of military and civilian hiring processes
added
(a)
added
In general— Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries concerned shall establish a pathway for medically disqualified entry-level service members to enter civilian positions for which they are qualified in the Department of Defense or any of its components.
(b)
added
Air Force DRIVE program— The Air Force's Develop, Redistribute, Improve, Vault, Expose (DRIVE) program shall be considered sufficient to meet the requirements of subsection (a) and may, but need not, serve as a baseline from which the other military departments design their programs.
(c)
added
Entry-level service member defined— In this section, the term entry-level service member means a regular or reserve member of the Armed Forces who is currently attending or has military orders to attend within 90 days—
(1)
added
basic training;
(2)
added
a technical school of the Armed Forces;
(3)
added
a service academy;
(4)
added
the Reserve Officer Training Corps (ROTC);
(5)
added
an officer accession program, including officer candidate school, officer training school, officer development school, or equivalent program.
Sec. 1082
Provision of information on career opportunities in the defense industrial base to persons ineligible for military service
added
added
Chapter 50 of title 10, United States Code, is amended by adding at the end the following new section:
added
“996. Provision of information on career opportunities in the defense industrial base to persons medically disqualified for military service
added
“(a) Establishment—The Secretary of Defense shall establish and implement a program to provide individuals who are not medically qualified for military service with information on employment opportunities in the defense industrial base or other employment opportunities in support of the national interests of the United States.
added
“(b) Program—The program established under subsection (a) shall inform and refer persons described in subsection (a) to employment, apprenticeship, and training opportunities in—
added
“(1) the defense industrial base;
added
“(2) cybersecurity or intelligence support roles;
added
“(3) research and development in defense technologies;
added
“(4) national emergency and disaster preparedness; or
added
“(5) any other non-military opportunity the Secretary considers in the national interests of the United States.
added
“(c) Collaboration—The Secretary of Defense shall consult with entities in the defense industrial base, other Federal agencies, and academic institutions to carry out this section.”
Sec. 1083
Provision to Navy personnel of information on career opportunities at Military Sealift Command
added
added
The Secretary of the Navy shall provide information about career opportunities at Military Sealift Command and workforce training programs for shipbuilders to Navy personnel.
Sec. 1091
Preventing first responder secondary exposure to fentanyl
added
added
Section 3021(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10701(a)) is amended—
(1)
added
by redesignating paragraphs (4) through (10) as paragraphs (5) through (11), respectively; and
(2)
added
by inserting after paragraph (3) the following:
added
“(4) Providing training and resources for first responders on the use of containment devices to prevent secondary exposure to fentanyl and other potentially lethal substances, and purchasing such containment devices for use by first responders.”
Sec. 1092
Reauthorizing support and treatment for officers in crisis
added
added
Section 1001(a)(21) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10261(a)(21)) is amended by striking “2020 through 2024” and inserting “2025 through 2029”.
Sec. 1093
PROTECT Our Children Act of 2008 Reauthorization
added
(a)
added
Establishment of National Strategy for Child Exploitation Prevention and Interdiction— Section 101 of the PROTECT Our Children Act of 2008 (34 U.S.C. 21111) is amended—
(1)
added
in subsection (b), by striking “every second year” and inserting “every fourth year”; and
(2)
added
by striking subsection (c) and inserting the following:
added
“(c) Required contents of National Strategy—The National Strategy established under subsection (a) shall include the following:
added
“(1) An analysis of current trends, challenges, and the overall magnitude of the threat of child exploitation.
added
“(2) An analysis of future trends and challenges, including new technologies, that will impact the efforts to combat child exploitation.
added
“(3) Goals and strategic solutions to prevent and interdict child exploitation, including—
added
“(A) plans for interagency coordination;
added
“(B) engagement with the judicial branches of the Federal Government and State governments;
added
“(C) legislative recommendations for combating child exploitation;
added
“(D) cooperation with international, State, local, and Tribal law enforcement agencies; and
added
“(E) engagement with the private sector and other entities involved in efforts to combat child exploitation.
added
“(4) An analysis of Federal efforts dedicated to combating child exploitation, including—
added
“(A) a review of the policies and work of the Department of Justice and other Federal programs relating to the prevention and interdiction of child exploitation crimes, including training programs, and investigative and prosecution activity; and
added
“(B) a description of the efforts of the Department of Justice to cooperate and coordinate with, and provide technical assistance and support to, international, State, local, and Tribal law enforcement agencies and private sector and nonprofit entities with respect to child exploitation prevention and interdiction efforts.
added
“(5) An estimate of the resources required to effectively respond to child exploitation crimes at scale by—
added
“(A) each ICAC task force;
added
“(B) the Federal Bureau of Investigation, including investigators, forensic interviewers, and analysts of victims, witnesses, and forensics;
added
“(C) Homeland Security Investigations, including forensic interviewers and analysts of victims, witnesses, and forensics;
added
“(D) the United States Marshals Service;
added
“(E) the United States Secret Service;
added
“(F) the United States Postal Service;
added
“(G) the criminal investigative offices of the Department of Defense; and
added
“(H) any component of an agency described in this paragraph.
added
“(6) A review of the Internet Crimes Against Children Task Force Program, including—
added
“(A) the number of ICAC task forces and the location of each ICAC task force;
added
“(B) the number of trained personnel at each ICAC task force;
added
“(C) the amount of Federal grants awarded to each ICAC task force; and
added
“(D) an assessment of the Federal, State, and local cooperation with respect to each ICAC task force, including—
added
“(i) the number of arrests made by each ICAC task force;
added
“(ii) the number of criminal referrals to United States attorneys for prosecution;
added
“(iii) the number of prosecutions and convictions from the referrals described in clause (ii);
added
“(iv) the number, if available, of local prosecutions and convictions based on ICAC task force investigations; and
added
“(v) any other information determined by the Attorney General demonstrating the level of Federal, State, Tribal, and local coordination and cooperation.
added
“(7) An assessment of training needs for each ICAC task force and affiliated agencies.
added
“(8) An assessment of Federal investigative and prosecution activity relating to reported incidents of child exploitation crimes that include a number of factors, including—
added
“(A) the number of investigations, arrests, prosecutions, and convictions for a crime of child exploitation; and
added
“(B) the average sentence imposed and the statutory maximum sentence that could be imposed for each crime of child exploitation.
added
“(9) A review of all available statistical data indicating the overall magnitude of child pornography trafficking in the United States and internationally, including—
added
“(A) the number of foreign and domestic suspects observed engaging in accessing and sharing child pornography;
added
“(B) the number of tips or other statistical data from the CyberTipline of the National Center for Missing and Exploited Children and other data indicating the magnitude of child pornography trafficking; and
added
“(C) any other statistical data indicating the type, nature, and extent of child exploitation crime in the United States and abroad.”
(b)
added
Establishment of National ICAC Task Force Program— Section 102 of the PROTECT Our Children Act of 2008 (34 U.S.C. 21112) is amended—
(1)
added
in subsection (a)(1)—
(A)
added
by inserting “, Tribal, military,” after “State”; and
(B)
added
by striking “and child obscenity and pornography cases” and inserting “child obscenity and pornography cases, and the identification of child victims”;
(2)
added
in subsection (b)—
(A)
added
in paragraph (2), by striking “consult with and consider” and all that follows through “track record of success.” and inserting “, evaluate the task forces funded under the ICAC Task Force Program to determine if those task forces are operating in an effective manner.”;
(B)
added
in paragraph (3)(B)—
(i)
added
by striking “establish a new task force” and inserting “establish a new or continue an existing task force”; and
(ii)
added
by striking “state” and inserting “State”; and
(C)
added
in paragraph (4)—
(i)
added
in subparagraph (A), by striking “may” and inserting “shall”;
(ii)
added
by striking subparagraph (B); and
(iii)
added
by redesignating subparagraph (C) as subparagraph (B); and
(3)
added
by adding at the end the following:
added
“(c) Limited liability for ICAC task forces
added
“(1) In general—Except as provided in paragraph (2), a civil claim or criminal charge against an ICAC task force established pursuant to this section and sections 103 and 104, including any law enforcement agency that participates on such a task force or a director, officer, employee, or agent of such a law enforcement agency, arising from the prioritization decisions with respect to leads related to Internet crimes against children described in section 104(8), may not be brought in any Federal or State court.
added
“(2) Intentional, reckless, or other misconduct—Paragraph (1) shall not apply to a claim if the ICAC task force or law enforcement agency, or a director, officer, employee, or agent of that law enforcement agency—
added
“(A) engaged in intentional misconduct; or
added
“(B) acted, or failed to act—
added
“(i) with actual malice;
added
“(ii) with gross negligence or reckless disregard to a substantial risk of causing physical injury without legal justification; or
added
“(iii) for a purpose unrelated to the performance of any responsibility or function under section 104(8).
added
“(3) Rule of construction—Nothing in this section shall be construed to—
added
“(A) create any independent basis of liability on behalf of, or any cause of action against—
added
“(i) an ICAC task force; or
added
“(ii) a law enforcement agency or a director, officer, employee, or agent of the law enforcement agency; or
added
“(B) expand any liability otherwise imposed, or limit any defense to that liability, otherwise available under Federal or State law.”
(c)
added
Purpose of ICAC task forces— Section 103 of the PROTECT Our Children Act of 2008 (34 U.S.C. 21113) is amended—
(1)
added
in paragraph (1), by inserting “, and the identification of child victims of those crimes” before the semicolon at the end;
(2)
added
in paragraph (2), by inserting “and prioritizing investigations that task force personnel, through the background, training and experience of those personnel and the consideration of all relevant circumstances, determine to be most likely to result in positive case outcomes and in the rescue of children” before the semicolon at the end;
(3)
added
in paragraph (3)—
(A)
added
by striking “and local law enforcement” and inserting “Tribal, military, and local law enforcement”; and
(B)
added
by inserting “, including probation and parole agencies, child advocacy centers, and child protective services,” after “enforcement agencies”;
(4)
added
in paragraph (8), by striking “and” at the end;
(5)
added
in paragraph (9), by striking the period at the end and inserting “; and”; and
(6)
added
by adding at the end the following:
added
“(10) educating the judiciary on—
added
“(A) the link between intrafamilial contact offenses and technology-facilitated crimes; and
added
“(B) characteristics of internet offenders, including the interest of online offenders in incest-themed material, sadism, and other related paraphilias or illegal activity.”
(d)
added
Duties and functions of task forces— Section 104 of the PROTECT Our Children Act of 2008 (34 U.S.C. 21114) is amended—
(1)
added
in paragraph (3)—
(A)
added
by inserting “reactive and” before “proactive”;
(B)
added
by inserting “conduct digital” before “forensic examinations”; and
(C)
added
by inserting “engage in” before “effective prosecutions”;
(2)
added
by striking paragraph (8) and inserting the following:
added
“(8) investigate, seek prosecution with respect to, and identify child victims from leads relating to Internet crimes against children, including CyberTipline reports, with prioritization determined according to circumstances and by each task force, as described in section 102;”
(3)
added
by striking paragraph (9); and
(4)
added
by redesignating paragraphs (10) and (11) as paragraphs (9) and (10), respectively.
(e)
added
National Internet Crimes Against Children Data System— Section 105 of the PROTECT Our Children Act of 2008 (34 U.S.C. 21115) is amended—
(1)
added
in subsection (a), by striking “shall establish” and inserting “may establish”;
(2)
added
in subsection (b), by striking “continue and build upon Operation Fairplay developed by the Wyoming Attorney General's office, which has established a secure, dynamic undercover infrastructure that has facilitated” and inserting “facilitate”; and
(3)
added
in subsection (g)—
(A)
added
by striking paragraph (3);
(B)
added
by redesignating paragraphs (4) through (8) as paragraphs (3) through (7), respectively; and
(C)
added
in paragraph (7), as so redesignated, by striking “1 representative” and inserting “2 representatives”.
(f)
added
ICAC grant program— Section 106 of the PROTECT Our Children Act of 2008 (34 U.S.C. 21116) is amended—
(1)
added
in subsection (a)—
(A)
added
in paragraph (2)(B)(ii)(II), by striking “Operation Fairplay,”; and
(B)
added
in paragraph (3)—
(i)
added
by striking subparagraph (A) and inserting the following:
added
“(A) In general—Not less than 20 percent of the total funds appropriated to carry out this section shall be distributed to support the ICAC Task Force Program through grants to—
added
“(i) provide training and technical assistance to members of the ICAC Task Force Program;
added
“(ii) maintain, enhance, research, and develop tools and technology to assist members of the ICAC Task Force Program;
added
“(iii) provide other support to the ICAC Task Force Program determined by the Attorney General;
added
“(iv) conduct research;
added
“(v) support the annual National Law Enforcement Training on Child Exploitation of the Office of Juvenile Justice and Delinquency Prevention; and
added
“(vi) provide wellness training.”
(2)
added
in subsection (d)(1)—
(A)
added
in subparagraph (B)—
(i)
added
in clause (ii), by striking “and” at the end;
(ii)
added
in clause (iii), by striking “, including” and all that follows through “such crime under State law.” and inserting “; and”; and
(iii)
added
by adding at the end the following:
added
“(iv) the number of child victims identified.”
(B)
added
by striking subparagraph (D); and
(C)
added
by redesignating subparagraphs (E) through (G) as subparagraphs (D) through (F), respectively.
(g)
added
Authorization of appropriations— Section 107(a) of the PROTECT Our Children Act of 2008 (34 U.S.C. 21117(a)) is amended—
(1)
added
in paragraph (9), by striking “and” at the end;
(2)
added
in paragraph (10), by striking the period at the end and inserting “; and”; and
(3)
added
by adding at the end the following:
added
“(13) $70,000,000 for each of fiscal years 2026 through 2028.”
(h)
added
Additional regional computer forensic labs— The PROTECT Our Children Act of 2008 (34 U.S.C. 21101 et seq.) is amended by striking title II.
(i)
added
Reporting requirements of providers— Section 2258A(c) of title 18, United States Code, is amended, in the matter preceding paragraph (1), by inserting “and all supplemental data included in the report” after “each report made under subsection (a)(1)”.
Sec. 1094
Inclusion of certain retired public safety officers in the public safety officers’ death benefits program
added
(a)
added
In general— Section 1201 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281) is amended by adding at the end the following:
added
“(p) Personal injury to retired law enforcement officer
added
“(1) Definition—In this subsection, the term retired law enforcement officer means an individual who separated from service in good standing as a law enforcement officer in an official capacity at a public agency with or without compensation.
added
“(2) Eligibility—A retired law enforcement officer shall be eligible for a benefit under this part if the officer died or became permanently and totally disabled as the direct and proximate result of a personal injury resulting from a targeted attack because of the retired law enforcement officer’s service as a law enforcement officer.”
(b)
added
Retroactive applicability—
(1)
added
In general— Except as provided in paragraph (2), the amendments made by this section shall—
(A)
added
take effect on the date of enactment of this Act; and
(B)
added
apply to any matter—
(i)
added
pending before the Bureau of Justice Assistance or otherwise on the date of enactment of this Act; or
(ii)
added
filed (consistent with pre-existing effective dates) or accruing after the date of enactment of this Act.
(2)
added
Exceptions— The amendment made by this section shall apply to any action taken against a retired law enforcement officer described in section 1201(p) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (as added by this Act) on or after January 1, 2012.
Sec. 1095
Strong Communities Program
added
(a)
added
In general— Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381) is amended by adding at the end the following:
added
“(q) COPS Strong Communities Program
added
“(1) Definitions—In this subsection:
added
“(A) Eligible entity—The term eligible entity means—
added
“(i) an institution of higher education, as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001), that, in coordination or through an agreement with a local law enforcement agency, offers a law enforcement training program; or
added
“(ii) a local law enforcement agency that offers a law enforcement training program.
added
“(B) Local law enforcement agency—The term local law enforcement agency means an agency of a State, unit of local government, or Indian Tribe that is authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law.
added
“(2) Grants—The Attorney General may use amounts otherwise appropriated to carry out this section for a fiscal year (beginning with fiscal year 2025) to make competitive grants to local law enforcement agencies to be used for officers and recruits to attend law enforcement training programs at eligible entities if the officers and recruits agree to serve in law enforcement agencies in their communities.
added
“(3) Eligibility—To be eligible for a grant through a local law enforcement agency under this subsection, each officer or recruit described in paragraph (2) shall—
added
“(A) serve as a full-time law enforcement officer for a total of not fewer than 4 years during the 8-year period beginning on the date on which the officer or recruit completes a law enforcement training program for which the officer or recruit receives benefits;
added
“(B) complete the service described in subparagraph (A) in a local law enforcement agency located within—
added
“(i) 7 miles of the residence of the officer or recruit where the officer or recruit has resided for not fewer than 5 years; or
added
“(ii) if the officer or recruit resides in a county with fewer than 150,000 residents, within 20 miles of the residence of the officer or recruit where the officer or recruit has resided for not fewer than 5 years; and
added
“(C) submit to the eligible entity providing a law enforcement training program to the officer or recruit evidence of employment of the officer or recruit in the form of a certification by the chief administrative officer of the local law enforcement agency where the officer or recruit is employed.
added
“(4) Repayment
added
“(A) In general—If an officer or recruit does not complete the service described in paragraph (3), the officer or recruit shall submit to the local law enforcement agency an amount equal to any benefits the officer or recruit received through the local law enforcement agency under this subsection.
added
“(B) Regulations—The Attorney General shall promulgate regulations that establish categories of extenuating circumstances under which an officer or recruit may be excused from repayment under subparagraph (A).”
(b)
added
Transparency— Not less frequently than annually, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that details, with respect to recipients of grants under section 1701(q) of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as added by subsection (a)—
(1)
added
during the 1-year period preceding the date of the report—
(A)
added
the number and location of those recipients; and
(B)
added
the number of law enforcement officers and recruits each recipient intends to send to law enforcement training programs at eligible entities (as defined in paragraph (1) of such section 1701(q)) with amounts from the grant; and
(2)
added
during the period between the date of enactment of this Act and the date of the report—
(A)
added
the number of law enforcement officers or recruits who attended the training described in paragraph (1)(B) with amounts from the grant and returned from the training as employees of the recipient; and
(B)
added
the number of law enforcement officers or recruits described in subparagraph (A) who remain an employee of the recipient.
Sec. 1096
Retired law enforcement officers continuing service
added
(a)
added
Short title— This section may be cited as the “Retired Law Enforcement Officers Continuing Service Act”.
(b)
added
Grant program— Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended by adding at the end the following:
added
“XVI Civil law enforcement task grants
added
“3061. Definitions
added
“In this part:
added
“(1) Civilian law enforcement task—The term civilian law enforcement task—
added
“(A) includes—
added
“(i) assisting in homicide investigations;
added
“(ii) assisting in carjacking investigations;
added
“(iii) assisting in financial crimes investigations;
added
“(iv) assisting in compliance with reporting requirements;
added
“(v) reviewing camera footage;
added
“(vi) crime scene analysis;
added
“(vii) forensics analysis; and
added
“(viii) providing expertise in computers, computer networks, information technology, or the internet; and
added
“(B) does not include the ability to make arrests or use force under the color of law.
added
“(2) Eligible entity—The term eligible entity means a State, local, Tribal, or territorial law enforcement agency that certifies that retired law enforcement personnel hired using amounts from a grant under this part—
added
“(A) have appropriate and reasonably current training and experience to effectively carry out the tasks described in section 3062(a); or
added
“(B) will participate in appropriate continuing education programs to satisfy subparagraph (A).
added
“3062. Grants authorized
added
“(a) In general—The Attorney General may award grants to eligible entities for the purpose of hiring retired personnel from law enforcement agencies to—
added
“(1) train civilian employees of the eligible entity on civilian law enforcement tasks that can be performed on behalf of a law enforcement agency; and
added
“(2) perform civilian law enforcement tasks on behalf of the eligible entity.
added
“(b) Disciplinary records
added
“(1) In general—An eligible entity receiving a grant under subsection (a) shall make a good faith effort to determine whether a retired law enforcement officer seeking to be hired by the eligible entity using amounts from a grant under this part has a disciplinary record or an internal investigation record by—
added
“(A) conducting a search of the National Decertification Index; or
added
“(B) requesting the personnel record of the retired law enforcement officer from each law enforcement agency that employed the retired law enforcement officer.
added
“(2) Hiring determinations—Before making any hiring determination, the highest ranking law enforcement officer of an eligible entity receiving a grant under subsection (a) or a designee of that law enforcement officer shall review any findings of misconduct that arise as a result of a search or request conducted pursuant to paragraph (1).
added
“3063. Accountability provisions
added
“(a) In general—A grant awarded under this part shall be subject to the accountability requirements of this section.
added
“(b) Audit requirement
added
“(1) Definition—In this subsection, the term unresolved audit finding means a finding in a final audit report of the Inspector General of the Department of Justice that an audited grantee has used grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date when the final audit report is issued.
added
“(2) Audits—Beginning in the first fiscal year beginning after the date of enactment of the Retired Law Enforcement Officers Continuing Service Act, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants under this part to prevent waste, fraud, and abuse of funds by grantees. The Inspector General of the Department of Justice shall determine the appropriate number of grantees to be audited each year.
added
“(3) Mandatory exclusion—A recipient of grant funds under this part that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this part during the first 2 fiscal years beginning after the end of the 12-month period described in paragraph (1).
added
“(4) Priority—In awarding grants under this part, the Attorney General shall give priority to eligible entities that did not have an unresolved audit finding during the 3 fiscal years before submitting an application for a grant under this part.
added
“(c) Annual certification—Beginning in the fiscal year during which audits commence under subsection (b)(2), the Attorney General shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives an annual certification—
added
“(1) indicating whether—
added
“(A) all audits issued by the Office of the Inspector General of the Department of Justice under subsection (b) have been completed and reviewed by the appropriate Assistant Attorney General or Director; and
added
“(B) all mandatory exclusions required under subsection (b)(3) have been issued; and
added
“(2) that includes a list of any grant recipients excluded under subsection (b)(3) from the previous year.
added
“(d) Preventing duplicative grants
added
“(1) In general—Before the Attorney General awards a grant to an eligible entity under this part, the Attorney General shall compare potential grant awards with other grants awarded by the Attorney General to determine if grant awards are or have been awarded for a similar purpose.
added
“(2) Report—If the Attorney General awards grants to the same applicant for a similar purpose, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes—
added
“(A) a list of all such grants awarded, including the total dollar amount of any such grants awarded; and
added
“(B) the reason the Attorney General awarded multiple grants to the same applicant for a similar purpose.”
Sec. 1097
Trauma kit standards
added
added
Section 521 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10202) is amended by adding at the end the following:
added
“(d) Trauma kits
added
“(1) Definition—In this subsection, the term trauma kit means a first aid response kit, which includes a bleeding control kit that can be used for controlling a life-threatening hemorrhage.
added
“(2) Requirement for trauma kits
added
“(A) In general—Notwithstanding any other provision of law, a grantee may only purchase a trauma kit using funds made available under this part if the trauma kit meets the performance standards established by the Director of the Bureau of Justice Assistance under paragraph (3)(A).
added
“(B) Authority to separately acquire—Nothing in subparagraph (A) shall prohibit a grantee from separately acquiring the components of a trauma kit and assembling complete trauma kits that meet the performance standards.
added
“(3) Performance standards and optional agency best practices—Not later than 180 days after the date of enactment of this subsection, the Director of the Bureau of Justice Assistance, in consultation with organizations representing trauma surgeons, emergency medical response professionals, emergency physicians, other medical professionals, relevant law enforcement agencies of States and units of local government, professional law enforcement organizations, local law enforcement labor or representative organizations, and law enforcement trade associations, shall—
added
“(A) develop and publish performance standards for trauma kits that are eligible for purchase using funds made available under this part that, at a minimum, require the components described in paragraph (4) to be included in a trauma kit; and
added
“(B) develop and publish optional best practices for law enforcement agencies regarding—
added
“(i) training law enforcement officers in the use of trauma kits;
added
“(ii) the deployment and maintenance of trauma kits in law enforcement vehicles; and
added
“(iii) the deployment, location, and maintenance of trauma kits in law enforcement agency or other government facilities.
added
“(4) Components—The components of a trauma kit described in this paragraph are—
added
“(A) a tourniquet recommended by the Committee on Tactical Combat Casualty Care;
added
“(B) a bleeding control bandage;
added
“(C) a pair of nonlatex protective gloves and a pen-type marker;
added
“(D) a pair of blunt-ended scissors;
added
“(E) instructional documents developed—
added
“(i) under the “Stop the Bleed” national awareness campaign of the Department of Homeland Security, or any successor thereto;
added
“(ii) by the American College of Surgeons Committee on Trauma;
added
“(iii) by the American Red Cross; or
added
“(iv) by any partner of the Department of Defense;
added
“(F) a bag or other container adequately designed to hold the contents of the kit; and
added
“(G) any additional trauma kit supplies that—
added
“(i) are approved by a State, local, or Tribal law enforcement agency or first responders;
added
“(ii) can adequately treat a traumatic injury; and
added
“(iii) can be stored in a readily available kit.”
Sec. 1098
Honoring our fallen heroes
added
(a)
added
Cancer-Related deaths and disabilities—
(1)
added
In general— Section 1201 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281), as amended by section 1094 of this Act, is amended by adding at the end the following:
added
“(q) Exposure-Related cancers
added
“(1) Definitions—In this subsection:
added
“(A) Carcinogen—The term carcinogen means an agent that is—
added
“(i) classified by the International Agency for Research on Cancer under Group 1 or Group 2A; and
added
“(ii) reasonably linked to an exposure-related cancer.
added
“(B) Director—The term Director means the Director of the Bureau.
added
“(C) Exposure-related cancer—As updated from time to time in accordance with paragraph (3), the term exposure-related cancer means—
added
“(i) bladder cancer;
added
“(ii) brain cancer;
added
“(iii) breast cancer;
added
“(iv) cervical cancer;
added
“(v) colon cancer;
added
“(vi) colorectal cancer;
added
“(vii) esophageal cancer;
added
“(viii) kidney cancer;
added
“(ix) leukemia;
added
“(x) lung cancer;
added
“(xi) malignant melanoma;
added
“(xii) mesothelioma;
added
“(xiii) multiple myeloma;
added
“(xiv) non-Hodgkins lymphoma;
added
“(xv) ovarian cancer;
added
“(xvi) prostate cancer;
added
“(xvii) skin cancer;
added
“(xviii) stomach cancer;
added
“(xix) testicular cancer;
added
“(xx) thyroid cancer;
added
“(xxi) any form of cancer that is considered a WTC-related health condition under section 3312(a) of the Public Health Service Act (42 U.S.C. 300mm–22(a)); and
added
“(xxii) any form of cancer added to this definition pursuant to an update in accordance with paragraph (3).
added
“(2) Personal injury sustained in the line of duty
added
“(A) In general—Subject to subparagraph (B), as determined by the Bureau, the exposure of a public safety officer to a carcinogen shall be presumed to constitute a personal injury within the meaning of subsection (a) or (b) sustained in the line of duty by the officer and directly and proximately resulting in death or permanent and total disability, if—
added
“(i) the exposure occurred while the public safety officer was engaged in line of duty action or activity;
added
“(ii) the public safety officer began serving as a public safety officer not fewer than 5 years before the date of the diagnosis of the public safety officer with an exposure-related cancer;
added
“(iii) the public safety officer was diagnosed with the exposure-related cancer not more than 15 years after the public safety officer’s last date of active service as a public safety officer; and
added
“(iv) the exposure-related cancer directly and proximately results in the death or permanent and total disability of the public safety officer.
added
“(B) Exception—The presumption under subparagraph (A) shall not apply if competent medical evidence establishes that the exposure of the public safety officer to the carcinogen was not a substantial contributing factor in the death or disability of the public safety officer.
added
“(3) Additional exposure-related cancers
added
“(A) In general—From time to time but not less frequently than once every 3 years, the Director shall—
added
“(i) review the definition of exposure-related cancer under paragraph (1); and
added
“(ii) if appropriate, update the definition, in accordance with this paragraph—
added
“(I) by rule; or
added
“(II) by publication in the Federal Register or on the public website of the Bureau.
added
“(B) Basis for updates
added
“(i) In general—The Director shall make an update under subparagraph (A)(ii) in any case in which the Director finds such an update to be appropriate based on competent medical evidence of significant risk to public safety officers of developing the form of exposure-related cancer that is the subject of the update from engagement in their public safety activities.
added
“(ii) Evidence—The competent medical evidence described in clause (i) may include recommendations, risk assessments, and scientific studies by—
added
“(I) the National Institute for Occupational Safety and Health;
added
“(II) the National Toxicology Program;
added
“(III) the National Academies of Sciences, Engineering, and Medicine; or
added
“(IV) the International Agency for Research on Cancer.
added
“(C) Petitions to add to the list of exposure-related cancers
added
“(i) In general—Any person may petition the Director to add a form of cancer to the definition of “exposure-related cancer” under paragraph (1).
added
“(ii) Content of petition—A petition under clause (i) shall provide information to show that there is sufficient competent medical evidence of significant risk to public safety officers of developing the cancer from engagement in their public safety activities.
added
“(iii) Timely and substantive decisions
added
“(I) Referral—Not later than 180 days after receipt of a petition satisfying clause (ii), the Director shall refer the petition to appropriate medical experts for review, analysis (including risk assessment and scientific study), and recommendation.
added
“(II) Consideration—The Director shall consider each recommendation under subclause (I) and promptly take appropriate action in connection with the recommendation pursuant to subparagraph (B).
added
“(iv) Notification to congress—Not later than 30 days after taking any substantive action in connection with a recommendation under clause (iii)(II), the Director shall notify the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives of the substantive action.”
(2)
added
Applicability— The amendment made by paragraph (1) shall apply to any claim under—
(A)
added
section 1201(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281(a)) that is predicated upon the death of a public safety officer on or after January 1, 2020, that is the direct and proximate result of an exposure-related cancer; or
(B)
added
section 1201(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281(b)) that is filed on or after January 1, 2020, and predicated upon a disability that is the direct and proximate result of an exposure-related cancer.
(3)
added
Time for filing claim— Notwithstanding any other provision of law, an individual who desires to file a claim that is predicated upon the amendment made by paragraph (1) shall not be precluded from filing such a claim within 3 years of the date of enactment of this Act.
(b)
added
Confidentiality of information—
(1)
added
In general— Section 812(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10231(a)) is amended—
(A)
added
in the first sentence, by striking “furnished under this title by any person and identifiable to any specific private person” and inserting “furnished under any law to any component of the Office of Justice Programs, or furnished otherwise under this title, by any entity or person, including any information identifiable to any specific private person,”; and
(B)
added
in the second sentence, by striking “person furnishing such information” and inserting “entity or person furnishing such information or to whom such information pertains”.
(2)
added
Effective date; applicability— The amendments made by paragraph (1) shall—
(A)
added
shall take effect for all purposes as if enacted on December 27, 1979; and
(B)
added
apply to any matter pending, before the Department of Justice or otherwise, as of the date of enactment of this Act.
(c)
added
Technical amendments—
(1)
added
In general— Section 1201(o)(2) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281(o)(2)) is amended—
(A)
added
in subparagraph (A), by inserting “or (b)” after “subsection (a)”;
(B)
added
in subparagraph (B), by inserting “or (b)” after “subsection (a)”; and
(C)
added
in subparagraph (C), by inserting “or (b)” after “subsection (a)”.
(2)
added
Applicability— The amendments made by paragraph (1) shall apply to any matter pending before the Department of Justice as of the date of enactment of this Act.
(d)
added
Technical amendments—
(1)
added
In general— Section 3 of the Safeguarding America’s First Responders Act of 2020 (34 U.S.C. 10281 note) is amended by adding at the end the following:
added
“(d) Definition—In this section, the term line of duty action includes any action—
added
“(1) in which a public safety officer engaged at the direction of the agency served by the public safety officer; or
added
“(2) the public safety officer is authorized or obligated to perform.”
(A)
added
In general— The amendment made by paragraph (1) shall apply to any claim under section 3 of the Safeguarding America’s First Responders Act of 2020 (34 U.S.C. 10281 note)—
(i)
added
that is predicated upon the death of a public safety officer on or after January 1, 2020; or
(I)
added
predicated upon the disability of a public safety officer; and
(II)
added
filed on or after January 1, 2020.
(B)
added
Time for filing claim— Notwithstanding any other provision of law, an individual who desires to file a claim that is predicated upon the amendment made by paragraph (1) shall not be precluded from filing such a claim within 3 years of the date of enactment of this Act.
Sec. 1091
Short title
added
added
This subtitle may be cited as the “Fighting Foreign Illegal Seafood Harvests Act of 2025” or the FISH Act of 2025.
Sec. 1092
Definitions
added
added
In this subtitle:
(1)
added
Administrator— Unless otherwise provided, the term Administrator means the Administrator of the National Oceanic and Atmospheric Administration or the designee of the Administrator.
(2)
added
Beneficial owner— The term beneficial owner means, with respect to a vessel, a person that, directly or indirectly, through any contract, arrangement, understanding, relationship, or otherwise—
(A)
added
exercises substantial control over the vessel; or
(B)
added
owns not less than 50 percent of the ownership interests in the vessel.
(3)
added
Fish— The term fish means finfish, crustaceans, and mollusks.
(4)
added
Forced labor— The term forced labor has the meaning given that term in section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).
(5)
added
IUU fishing— The term IUU fishing means activities described as illegal fishing, unreported fishing, and unregulated fishing in paragraph 3 of the International Plan of Action to Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated Fishing, adopted at the 24th Session of the Committee on Fisheries in Rome on March 2, 2001.
(6)
added
Regional fisheries management organization— The terms regional fisheries management organization and RFMO have the meaning given the terms in section 303 of the Port State Measures Agreement Act of 2015 (16 U.S.C. 7402).
(7)
added
Seafood— The term seafood means fish, shellfish, processed fish, fish meal, shellfish products, and all other forms of marine animal and plant life other than marine mammals and birds.
(8)
added
Secretary— Unless otherwise provided, the term Secretary means the Secretary of Commerce acting through the Administrator of the National Oceanic and Atmospheric Administration or the designee of the Administrator.
Sec. 1093
Statement of policy
added
added
It is the policy of the United States to partner, consult, and coordinate with foreign governments (at the national and subnational levels), civil society, international organizations, international financial institutions, subnational coastal communities, commercial and recreational fishing industry leaders, communities that engage in artisanal or subsistence fishing, fishers, and the private sector, in a concerted effort—
(1)
added
to continue the broad effort across the Federal Government to counter IUU fishing, including any potential links to forced labor, human trafficking, and other threats to maritime security, as outlined in sections 3533 and 3534 of the Maritime SAFE Act (16 U.S.C. 8002 and 8003); and
(2)
added
to, additionally—
(A)
added
prioritize efforts to prevent IUU fishing at its sources; and
(B)
added
support continued implementation of the Central Arctic Ocean Fisheries agreement, as well as joint research and follow-on actions that ensure sustainability of fish stocks in Arctic international waters.
Sec. 1094
Establishment of an IUU vessel list
added
added
Section 608 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826i) is amended by striking subsections (c) and (d) and inserting the following:
added
“(c) IUU vessel list
added
“(1) In general—The Secretary, in coordination with the Secretary of State, the Secretary of Labor, and the heads of other relevant agencies, shall develop, maintain, and make public a list of foreign vessels, foreign fleets, and beneficial owners of foreign vessels or foreign fleets engaged in IUU fishing or fishing-related activities in support of IUU fishing (referred to in this section as the “IUU vessel list”).
added
“(2) Inclusion on list—The IUU vessel list shall include any foreign vessel, foreign fleet, or beneficial owner of a foreign vessel or foreign fleet for which the Secretary determines there is clear and convincing evidence to believe that a foreign vessel is any of the following (even if the Secretary has only partial information regarding the vessel):
added
“(A) A vessel listed on an IUU vessel list of an international fishery management organization.
added
“(B) A vessel knowingly taking part in fishing that undermines the effectiveness of an international fishery management organization’s conservation and management measures, including a vessel—
added
“(i) exceeding applicable international fishery management organization catch limits; or
added
“(ii) that is operating inconsistent with relevant catch allocation arrangements of the international fishery management organization, even if operating under the authority of a foreign country that is not a member of the international fishery management organization.
added
“(C) A vessel, either on the high seas or in the exclusive economic zone of another country, identified and reported by United States authorities to an international fishery management organization to be conducting IUU fishing when the United States has reason to believe the foreign country to which the vessel is registered or documented is not addressing the allegation.
added
“(D) A vessel, fleet, or beneficial owner of a vessel or fleet on the high seas identified by United States authorities to be conducting IUU fishing.
added
“(E) A vessel that knowingly provides services (excluding emergency or enforcement services) to a vessel that is on the IUU vessel list, including transshipment, resupply, refueling, or pilotage.
added
“(F) A vessel that is a fishing vessel engaged in commercial fishing within the exclusive economic zone of the United States without a permit issued under title II of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1821 et seq.).
added
“(G) A vessel that has the same beneficial owner as another vessel on the IUU vessel list at the time of the infraction.
added
“(3) Nominations to be put on the IUU vessel list—The Secretary may receive nominations for putting a vessel on the IUU vessel list from—
added
“(A) the head of an executive branch agency that is a member of the Interagency Working Group on IUU Fishing established under section 3551 of the Maritime SAFE Act (16 U.S.C. 8031);
added
“(B) a country that is a member of the Combined Maritime Forces; or
added
“(C) civil organizations that have data-sharing agreements with a member of the Interagency Working Group on IUU Fishing.
added
“(4) Procedures for addition
added
“(A) In general—The Secretary may put a vessel on the IUU vessel list only after notification to the vessel’s beneficial owner and a review of any information that the owner provides within 90 days of the notification.
added
“(B) Hearing—A beneficial owner may request a hearing on the evidence if the owner's vessel is placed on the IUU vessel list under subparagraph (A) and may present new evidence to the Interagency Working Group on IUU Fishing described in paragraph (3)(A). Such Working Group shall review the new evidence and vote on whether the vessel shall remain on the IUU vessel list or not.
added
“(5) Public information—The Secretary shall publish its procedures for adding vessels on, and removing vessels from, the IUU vessel list. The Secretary shall publish the IUU vessel list itself in the Federal Register annually and on a website, which shall be updated any time a vessel is added to the IUU vessel list, and include the following information (as much as is available and confirmed) for each vessel on the IUU vessel list:
added
“(A) The name of the vessel and previous names of the vessel.
added
“(B) The International Maritime Organization (IMO) number of the vessel, or other Unique Vessel Identifier (such as the flag state permit number or authorized vessel number issued by an international fishery management organization).
added
“(C) The maritime mobile service identity number and call sign of the vessel.
added
“(D) The business or corporate address of each beneficial owner of the vessel.
added
“(E) The country where the vessel is registered or documented, and where it was previously registered if known.
added
“(F) The date of inclusion on the IUU vessel list of the vessel.
added
“(G) Any other Unique Vessel Identifier (UVI), if applicable.
added
“(H) Any other identifying information on the vessel, as determined appropriate by the Secretary.
added
“(I) The basis for the Secretary’s inclusion of the vessel on the IUU vessel list under paragraph (2).
added
“(d) Action—The Secretary may take the action described in subsection (c)(2) of this section in effect on the day before the date of enactment of the Fighting Foreign Illegal Seafood Harvests Act of 2025 against a vessel on the IUU vessel list, the owner of such vessel, and the operator of such vessel.
added
“(e) Permanency of IUU vessel list
added
“(1) In general—Except as provided in paragraph (3), a vessel, fleet, or beneficial owner of a vessel or fleet that is put on the IUU vessel list shall remain on the IUU vessel list.
added
“(2) Application by owner for potential removal
added
“(A) In general—In consultation with the Secretary of State and the heads of other relevant agencies, the Secretary may remove a vessel, fleet, or beneficial owner of a vessel or fleet from the IUU vessel list if the beneficial owner of the vessel submits an application for removal to the Secretary that meets the standards that the Secretary has set out for removal. The Secretary shall make such standards publicly available.
added
“(B) Consideration of relevant information—In considering an application for removal, the Secretary shall consider relevant information from all sources.
added
“(3) Removal due to international fishery management organization action—The Secretary may remove a vessel from the IUU vessel list if the vessel was put on the list because it was a vessel listed on an IUU vessel list of an international fishery management organization, pursuant to subsection (c)(2)(A), and the international fishery management organization removed the vessel from its IUU vessel list.
added
“(f) Regulations and Process—Not later than 12 months after the date of enactment of the Fighting Foreign Illegal Seafood Harvests Act of 2025, the Secretary shall issue regulations to set a process for establishing, maintaining, implementing, and publishing the IUU vessel list. The Administrator may add or remove a vessel, fleet, or beneficial owner of a vessel or fleet from the IUU vessel list on the date the vessel becomes eligible for such addition or removal.
added
“(g) Definitions—In this section:
added
“(1) Administrator—Unless otherwise provided, the term Administrator means the Administrator of the National Oceanic and Atmospheric Administration or the designee of the Administrator.
added
“(2) Beneficial owner—The term beneficial owner means, with respect to a vessel, a person that, directly or indirectly, through any contract, arrangement, understanding, relationship, or otherwise—
added
“(A) exercises substantial control over the vessel; or
added
“(B) owns not less than 50 percent of the ownership interests in the vessel.
added
“(3) Foreign vessel—The term foreign vessel has the meaning given the term in section 110 of title 46, United States Code).
added
“(4) International fishery management organization—The term international fishery management organization means an international organization established by any bilateral or multilateral treaty, convention, or agreement for the conservation and management of fish.
added
“(5) IUU fishing—The term IUU fishing has the meaning given the term “illegal, unreported, or unregulated fishing” in the implementing regulations or any subsequent regulations issued pursuant to section 609(e).
added
“(6) Seafood—The term seafood means fish, shellfish, processed fish, fish meal, shellfish products, and all other forms of marine animal and plant life other than marine mammals and birds.
added
“(h) Authorization of Appropriations—There are authorized to be appropriated to the Department of Commerce to carry out this section $10,000,000 for each of fiscal years 2025 through 2030.”
Sec. 1095
Visa sanctions for foreign persons
added
(a)
added
Foreign persons described— A foreign person is described in this subsection if the foreign person is the owner or beneficial owner of a vessel on the IUU vessel list developed under section 608(c) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826i(c)).
(b)
added
Ineligibility for visas, admission, or parole—
(1)
added
Visas, admission, or parole— A foreign person described in subsection (a) is—
(A)
added
inadmissible to the United States;
(B)
added
ineligible to receive a visa or other documentation to enter the United States; and
(C)
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.).
(2)
added
Current visas revoked—
(A)
added
In general— The visa or other entry documentation of a foreign person described in subsection (a) shall be revoked, regardless of when such visa or other entry documentation is or was issued.
(B)
added
Immediate effect— A revocation under subparagraph (A) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i))—
(i)
added
take effect; and
(ii)
added
cancel any other valid visa or entry documentation that is in the person’s possession.
(c)
added
National interest waiver— The President may waive the imposition of sanctions under this section with respect to a foreign person if doing so is in the national interest of the United States.
(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, law enforcement, or national security activities of the United States.
(2)
added
Exception to comply with international agreements— Sanctions under subsection (b) shall 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
Exception for safety of vessels and crew— Sanctions under subsection (b) shall not apply with respect to a person providing provisions to a vessel identified under section 608(c) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826i) if such provisions are intended for the safety and care of the crew aboard the vessel, or the maintenance of the vessel to avoid any environmental or other significant damage.
(4)
added
Exemptions— Sanctions under subsection (b) shall not apply with respect to a person described in subsection (a), if such person was listed as the owner of a vessel described in that subsection through the use of force, threats of force, fraud, or coercion.
(e)
added
Definitions— In this section:
(1)
added
Admission; admitted; alien; lawfully admitted for permanent residence— 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
Foreign person— The term foreign person means an individual or entity that is not a United States person.
(3)
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;
(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. 1096
Agreements
added
(a)
added
Presidential negotiation— In negotiating any relevant agreement with a foreign nation or nations after the date of enactment of this Act, the President is encouraged to consider the impacts on or to IUU fishing and fishing that involves the use of forced labor and strive to ensure that the agreement strengthens efforts to combat IUU fishing and fishing that involves the use of forced labor as long as such considerations do not come at the expense of higher priority national interests of the United States.
(b)
added
Federal Government encouragement— The Federal Government should encourage other nations to ratify treaties and agreements that address IUU fishing to which the United States is a party, including the High Seas Fishing Compliance Agreement and the Port State Measures Agreement, and pursue bilateral and multilateral initiatives to raise international ambition to combat IUU fishing, including in the G7 and G20, the United Nations, the International Labor Organization (ILO), and the International Maritime Organization (IMO), and through voluntary multilateral efforts, as long as clear burden sharing arrangements with partner nations are determined. The bilateral and multilateral initiatives should address underlying drivers of IUU fishing and fishing that involves the use of forced labor.
(c)
added
Transparency for non-binding instruments concluded under this section— Any memorandum of understanding or other non-binding instrument to further the objectives of this section shall be considered a qualifying non-binding instrument for purposes of section 112b of title 1, United States Code.
Sec. 1097
Enforcement provisions
added
(a)
added
Increase boarding of vessels suspected of IUU fishing— The Commandant of the Coast Guard shall strive to increase, from year to year, its observation of vessels on the high seas that are suspected of IUU fishing and related harmful practices, and is encouraged to consider boarding these vessels to the greatest extent practicable.
(b)
added
Follow up— The Administrator shall, in consultation with the Commandant of the Coast Guard and the Secretary of State, coordinate regularly with regional fisheries management organizations to determine what corrective measures each country has taken after vessels that are registered or documented by the country have been boarded for suspected IUU fishing.
(c)
added
Report— Not later than 3 years after the date of enactment of this Act and in accordance with information management rules of the relevant regional fisheries management organizations, the Commandant of the Coast Guard shall submit a report to Congress on—
(1)
added
the total number of bilateral agreements utilized or enacted during Coast Guard counter-IUU patrols and future patrol plans for operations with partner nations where bilateral agreements are required to effectively execute the counter-IUU mission and any changes to IUU provisions in bilateral agreements;
(2)
added
incidents of IUU fishing observed while conducting High Seas Boarding and Inspections (HSBI), how the conduct is tracked after referral to the respective country where the vessel is registered or documented, and what actions are taken to document or otherwise act on the enforcement, or lack thereof, taken by the country;
(3)
added
the country where the vessel is registered or documented, the country where the vessel was previously registered and documented if known, and status of a vessel interdicted or observed to be engaged in IUU fishing on the high seas by the Coast Guard;
(4)
added
incident details on vessels observed to be engaged in IUU fishing on the high seas, boarding refusals, and what action was taken; and
(5)
added
any other potential enforcement actions that could decrease IUU fishing on the high seas.
Sec. 1098
Improved management at the regional fisheries management organizations
added
(a)
added
Interagency Working Group on IUU fishing— Section 3551(c) of the Maritime SAFE Act (16 U.S.C. 8031(c)) is amended—
(1)
added
in paragraph (13), by striking “and” after the semicolon;
(2)
added
in paragraph (14), by striking the period at the end and inserting a semicolon; and
(3)
added
by adding at the end the following:
added
“(15) developing a strategy for leveraging enforcement capacity against IUU fishing, particularly focusing on nations identified under section 609(a) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(a)); and
added
“(16) developing a strategy for leveraging enforcement capacity against associated abuses, such as fishing that involves the use of forced labor and other illegal labor practices, and increasing relevant enforcement, using as resources—
added
“(A) the List of Goods Produced by Child Labor or Forced Labor produced pursuant to section 105 of the Trafficking Victims Protection Reauthorization Act of 2005 (22 U.S.C. 7112);
added
“(B) the Trafficking in Persons Report required under section 110 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107);
added
“(C) United States Customs and Border Protection’s Forced Labor Division and enforcement activities and regulations authorized under section 307 of the Tariff Act of 1930 (19 U.S.C. 1307); and
added
“(D) reports submitted under the Uyghur Human Rights Policy Act of 2020 (Public Law 116–145).”
(b)
added
Secretary of State identification— The Secretary of State, in coordination with the Commandant of the Coast Guard and the Administrator, shall—
(1)
added
identify regional fisheries management organizations that the United States is party to that do not have a high seas boarding and inspection program; and
(2)
added
identify obstacles, needed authorities, or existing efforts to increase implementation of these programs, and take action as appropriate.
Sec. 1099
Strategies to optimize data collection, sharing, and analysis
added
added
Section 3552 of the Maritime SAFE Act (16 U.S.C. 8032) is amended by adding at the end:
added
“(c) Strategies to optimize data collection, sharing, and analysis—Not later than 3 years after the date of enactment of the Fighting Foreign Illegal Seafood Harvests Act of 2025, the Working Group shall identify information and resources to prevent fish and fish products from IUU fishing and fishing that involves the use of forced labor from negatively affecting United States commerce without increasing burdens on seafood not produced from IUU fishing. The report shall include the following:
added
“(1) Identification of relevant data streams collected by Working Group members.
added
“(2) Identification of legal, jurisdictional, or other barriers to the sharing of such data.
added
“(3) In consultation with the Secretary of Defense, recommendations for joint enforcement protocols, collaboration, and information sharing between Federal agencies and States.
added
“(4) Recommendations for sharing and developing forensic resources between Federal agencies and States.
added
“(5) Recommendations for enhancing capacity to conduct more effective field investigations and enforcement efforts with U.S. state enforcement officials.
added
“(6) Recommendations for improving data collection and automated risk-targeting of seafood.
added
“(7) Recommendations for the dissemination of IUU fishing and fishing that involves the use of forced labor analysis and information to those governmental and non-governmental entities that could use it for action and awareness, with the aim to establish an IUU fishing information sharing center.
added
“(8) Recommendations for an implementation strategy, including measures for ensuring that seafood not linked to IUU fishing and fishing that involves the use of forced labor is not affected.
added
“(9) An analysis of the IUU fishing policies and regulatory regimes of other countries in order to develop policy and regulatory alternatives for United States consideration.”
Sec. 1099A
Investment and technical assistance in the fisheries sector
added
(a)
added
In general— The Secretary of State and the Secretary of Commerce, in consultation with the heads of relevant agencies, are encouraged to increase support to programs that provide technical assistance, institutional capacity, and investment to nations’ fisheries sectors for sustainable fisheries management and combating IUU fishing and fishing involving the use of forced labor. The focus of such support is encouraged to be on priority regions and priority flag states identified under section 3552(b) of the Maritime SAFE Act (16 U.S.C. 8032(b)).
(b)
added
Analysis of US capacity-building expertise and resources— In order to maximize efforts on preventing IUU fishing at its sources, the Interagency Working Group on IUU Fishing established under section 3551 of the Maritime SAFE Act (16 U.S.C. 8031) shall analyze United States capacity-building expertise and resources to provide support to nations’ fisheries sectors. This analysis may include an assessment of potential avenues for in-country public-private collaboration and multilateral collaboration on developing local fisheries science, fisheries management, maritime enforcement, and maritime judicial capabilities.
Sec. 1099B
Strategy to identify seafood and seafood products from foreign vessels using forced labor
added
added
The Secretary, in coordination with the heads of other relevant agencies, shall—
(1)
added
develop a strategy for utilizing relevant United States Government data to identify seafood harvested on foreign vessels using forced labor; and
(2)
added
publish information regarding the strategy developed under paragraph (1) on a publicly accessible website.
(a)
added
Impact of new technology— Not later than 1 year after the date of enactment of this Act, the Secretary of Homeland Security, with support from the Administrator and the Working Group established under section 3551 of the Maritime SAFE Act (16 U.S.C. 8031), shall conduct a study to assess the impact of new technology (such as remote observing, the use of drones, development of risk assessment tools and data-sharing software, immediate containerization of fish on fishing vessels, satellite Wi-Fi technology on fishing vessels, and other technology-enhanced new fishing practices) on IUU fishing and associated crimes (such as trafficking and fishing involving the use of forced labor) and propose ways to integrate these technologies into global fisheries enforcement and management.
(b)
added
Russian and Chinese fishing industries’ influence on each other and on the United States seafood and fishing industry— Not later than 2 years after the date of enactment of this Act, the Secretary of State, with support from the Secretary of Commerce, shall—
(1)
added
conduct a study on the collaboration between the Russian and Chinese fishing industries and on the role of seafood reprocessing in China (including that of raw materials originating in Russia) in global seafood markets and its impact on United States interests; and
(2)
added
complete a report on the study that includes classified and unclassified portions, as the Secretary of State determines necessary.
(c)
added
Fishermen conducting unlawful fishing in the exclusive economic zone— Section 3551 of the Maritime SAFE Act (16 U.S.C. 8031) is amended by adding at the end the following:
added
“(d) The impacts of IUU fishing and fishing involving the use of forced labor
added
“(1) In general—The Administrator, in consultation with relevant members of the Working Group, shall seek to enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine under which the National Academies will undertake a multifaceted study that includes the following:
added
“(A) An analysis that quantifies the occurrence and extent of IUU fishing and fishing involving the use of forced labor among all flag states.
added
“(B) An evaluation of the costs to the United States economy of IUU fishing and fishing involving the use of forced labor.
added
“(C) An assessment of the costs to the global economy of IUU fishing and fishing involving the use of forced labor.
added
“(D) An assessment of the effectiveness of response strategies to counter IUU fishing, including both domestic programs and foreign capacity-building and partnering programs.
added
“(2) Authorization of appropriations—There is authorized to be appropriated to carry out this subsection $2,000,000.”
(d)
added
Report— Not later than 24 months after the date of enactment of this Act, the Administrator shall submit to Congress a report on the study conducted under subsection (d) of section 3551 of the Maritime SAFE Act that includes—
(1)
added
the findings of the National Academies; and
(2)
added
recommendations on knowledge gaps that warrant further scientific inquiry.
Sec. 1099D
Authorization of appropriations for National Sea Grant College Program
added
added
Section 212(a) of the National Sea Grant College Program Act (33 U.S.C. 1131(a)) is amended—
(1)
added
in paragraph (1), by striking “for fiscal year 2025” and inserting “for each of fiscal years 2025 through 2031”; and
(2)
added
in paragraph (2)—
(A)
added
in the paragraph heading, by striking “for fiscal years 2021 through 2025”; and
(B)
added
in the matter preceding subparagraph (A), by striking “fiscal years 2021 through 2025” and inserting “fiscal years 2026 through 2031”.
Sec. 1099E
Exception related to the importation of goods
added
(a)
added
In general— The authorities and requirements provided in this Act, and the amendments made by this Act, shall not include any authority or requirement to impose sanctions on the importation of goods or related to sanctions on the importation of goods.
(b)
added
Good defined— In this section, the term good—
(1)
added
means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment; and
(2)
added
excludes technical data.
Sec. 1099F
Rule of construction
added
added
Nothing in this Act shall be construed to limit the authority under, or otherwise affect, a provision of law that—
(1)
added
is in effect on the date of enactment of this Act; and
(2)
added
is not amended by this Act.
Sec. 1219
Repeal of authorizations for use of military force against Iraq
added
(a)
added
Authorization for Use of Military Force Against Iraq Resolution— The Authorization for Use of Military Force Against Iraq Resolution (Public Law 102–1; 105 Stat. 3; 50 U.S.C. 1541 note) is hereby repealed.
(b)
added
Authorization for Use of Military Force Against Iraq Resolution of 2002— The Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107–243; 116 Stat. 1498; 50 U.S.C. 1541 note) is hereby repealed.
Sec. 1230B
Modification of requirements for transfers of United States defense articles and defense services among Baltic states
added
(a)
added
Exemptions from requirement for consent To transfer—
(1)
added
Retransfers among Baltic states—
(A)
added
In general— Notwithstanding the requirements of section 3(a)(2) of the Arms Export Control Act (22 USC 2753(a)(2)) and Section 505(a)(1) of the Foreign Assistance Act of 1961 (22 USAC 2314(a)(1)), retransfers of defense articles related to United States-origin mobile rocket artillery systems among Estonia, Lithuania, and Latvia shall not require prior Presidential consent.
(B)
added
Expiration— The authority provided in subparagraph (A) shall cease to have effect on the date that is 5 years after the date of the enactment of this Act.
(A)
added
Consent To transfer not required— An agreement between the United States and a Baltic State under section 3 of the Arms Export Control Act (22 U.S.C. 2753(a)) with respect to defense articles or defense services related to mobile rocket artillery systems provided by the United States shall not require the Baltic state to seek approval from the United States to transfer the defense article or defense service to any other Baltic state.
(B)
added
Modification— With respect to any agreement under section 3(a)(2) of the Arms Export Control Act (22 U.S.C. 2753(a)(2)) in effect as of the date of the enactment of this Act that requires the consent of the President before a Baltic state may transfer a defense article or defense service related to mobile rocket artillery systems provided by the United States, at the request of any Baltic state, the United States shall modify such agreement so as to remove such requirement with respect to such a transfer to any other Baltic state.
(b)
added
Common coalition key— The Secretary of Defense may establish among the Baltic states a common coalition key or other technological solution within the Baltic states for the purpose of sharing ammunition for High Mobility Artillery Rocket Systems (HIMARS) among the Baltic states for training and operational purposes.
(c)
added
Definitions— In this section:
(1)
added
Baltic state— The term Baltic state means the following:
(2)
added
Defense article; defense service— The terms defense article and defense service have the meanings given such terms in section 47 of the Arms Export Control Act (22 U.S.C. 2794).
Sec. 1230C
Baltic Security Initiative
added
(a)
added
Establishment— Pursuant to the authority provided in chapter 16 of title 10, United States Code, the Secretary of Defense may establish and carry out an initiative, to be known as the “Baltic Security Initiative”, for the purpose of deepening security cooperation with the military forces of the Baltic countries.
(b)
added
Relationship to existing authorities— An initiative established under subsection (a) shall be carried out pursuant to the authorities provided in title 10, United States Code.
(c)
added
Objectives— The objectives of an initiative established under subsection (a) should include—
(1)
added
to achieve United States national security objectives by—
(A)
added
deterring aggression by the Russian Federation; and
(B)
added
implementing the North Atlantic Treaty Organization's new Strategic Concept, which seeks to strengthen the alliance's deterrence and defense posture by denying potential adversaries any possible opportunities for aggression;
(2)
added
to enhance regional planning and cooperation among the military forces of the Baltic countries, particularly with respect to long-term regional capability projects, including—
(A)
added
long-range precision fire systems and capabilities;
(B)
added
integrated air and missile defense;
(C)
added
maritime domain awareness;
(D)
added
land forces development, including stockpiling large caliber ammunition;
(E)
added
command, control, communications, computers, intelligence, surveillance, and reconnaissance;
(F)
added
special operations forces development;
(G)
added
coordination with and security enhancements for Poland, which is a neighboring North Atlantic Treaty Organization ally; and
(H)
added
other military capabilities, as determined by the Secretary; and
(3)
added
with respect to the military forces of the Baltic countries, to improve cyber defenses and resilience to hybrid threats.
(1)
added
In general— Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth a strategy for the Department of Defense to achieve the objectives described in subsection (c).
(2)
added
Considerations— The strategy required by this subsection shall include a consideration of—
(A)
added
security assistance programs for the Baltic countries authorized as of the date on which the strategy is submitted;
(B)
added
the ongoing security threats to the North Atlantic Treaty Organization's eastern flank posed by Russian aggression, including as a result of the Russian Federation’s 2022 invasion of Ukraine with support from Belarus; and
(C)
added
the ongoing security threats to the Baltic countries posed by the presence, coercive economic policies, and other malign activities of the People’s Republic of China.
(e)
added
Authorization of appropriations—
(1)
added
In general— There is authorized to be appropriated to the Secretary $350,000,000 for each of the fiscal years 2026, 2027, and 2028 to carry out an initiative established under subsection (a).
(2)
added
Sense of Congress— It is the sense of Congress that the Secretary should seek to require matching funds from each of the Baltic countries that participate in such an initiative in amounts commensurate with amounts provided by the Department for the initiative.
(f)
added
Baltic countries defined— In this section, the term Baltic countries means—
Sec. 1265
Strategy for United States security assistance to Mexico
added
(a)
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 Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report with a strategy for United States security assistance to Mexico.
(b)
added
Strategy elements— The strategy required under subsection (a) shall include the following elements:
(1)
added
A detailed plan for how United States security assistance will—
(A)
added
dismantle transnational criminal networks that traffic illicit drugs, including fentanyl, into the United States and profit from other criminal activities, including pervasive human trafficking and human smuggling, weapons trafficking, cybercrimes, money laundering, and the importation of precursor chemicals to mass-produce illicit drugs;
(B)
added
increase the capacity of Mexico’s military and public security institutions to improve security at Mexico’s northern and southern borders and degrade transnational criminal organizations; and
(C)
added
enhance the institutional capacity of civilian law enforcement, prosecutors, and courts to strengthen rule of law, redress public corruption related to the activities and influence of transnational criminal organizations, and combat impunity.
(2)
added
A detailed summary of activities to implement the plan described in paragraph (1), including a list of implementing government entities and nongovernmental organizations.
(3)
added
A detailed summary of priorities, milestones, and performance measures to monitor and evaluate results of the strategy.
(c)
added
Bilateral cooperation reporting— The report required under subsection (a) shall include an overview of bilateral cooperation mechanisms and engagements between the United States Government and the Government of Mexico, such as diplomatic engagements, security assistance programs, technical assistance, and other forms of cooperation that advance the priorities described in subsection (b).
(d)
added
Form— The report and strategy required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(e)
added
Briefing— Not later than 1 year after the submission of the report and strategy required under subsection (a), and annually thereafter, the Secretary of State shall provide to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a briefing on the implementation of the strategy.
(f)
added
Rule of construction regarding use of military force against Mexico— Nothing in this section may be construed as an authorization for the use of military force against Mexico or any entity within Mexico.
Sec. 1266
Supporting the identification and recovery of abducted Ukrainian children
added
(a)
added
Short title— This section may be cited as the “Abducted Ukrainian Children Recovery and Accountability Act”.
(b)
added
Findings— Congress finds the following:
(1)
added
According to a White House press release, dated March 25, 2025, “The United States and Ukraine agreed that the United States remains committed to helping achieve the exchange of prisoners of war, the release of civilian detainees, and the return of forcibly transferred Ukrainian children.”.
(2)
added
To implement the commitment referred to in paragraph (1), the United States Government requires an organized and resourced policy approach to assist Ukraine with—
(A)
added
investigations of Russia’s abduction of Ukrainian children;
(B)
added
the rehabilitation and reintegration of children returned to Ukraine; and
(C)
added
justice and accountability for perpetrators of the abductions.
(c)
added
Authorization of technical assistance and advisory support—
(1)
added
In general— The Department of Justice and the Department of State are authorized—
(A)
added
to provide law enforcement and intelligence technical assistance, training, capacity building, and advisory support to the Government of Ukraine in support of the commitment described in subsection (b)(1); and
(B)
added
to advance the objectives described in subsection (b)(2).
(2)
added
Type of assistance— The law enforcement and intelligence technical assistance authorized under paragraph (1)(A) may include—
(A)
added
training regarding the utilization of biometric identification technologies in abduction and trafficking in persons investigations;
(B)
added
assistance with respect to collecting and analyzing open source intelligence information;
(C)
added
assistance in the development and use of secure communications technologies; and
(D)
added
assistance with respect to managing and securing relevant databases.
(3)
added
Reports— Not later than 30 days after the determination to provide assistance in any category identified in this subsection, the Secretary of State shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on—
(A)
added
the amount of assistance determined to be obligated;
(B)
added
the type of assistance to be utilized; and
(C)
added
any information on the technology operationalized to support the means identified in this subsection.
(1)
added
Nongovernmental organizations— The Department of Justice and the Department of State may coordinate with, and provide grants to, nongovernmental organizations to carry out the assistance authorized under subsection (c).
(2)
added
Federal agencies— The National Security Council may coordinate with appropriate representatives from the Department of Justice, the Department of State, the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)), and other Federal agencies, as needed, to carry out the assistance authorized under subsection (c).
(e)
added
Rehabilitation and reintegration—
(1)
added
Authorization of assistance— The Secretary of State is authorized to provide support to the Government of Ukraine and nongovernmental organizations and local civil society groups in Ukraine for the purpose of providing Ukrainian children (including teenagers) who have been abducted, forcibly transferred, or held against their will by the Russian Federation with—
(A)
added
medical and psychological rehabilitation services;
(B)
added
family reunification and support services; and
(C)
added
services in support of the reintegration of such children into Ukrainian society, including case management, legal aid, and educational screening and placement.
(2)
added
Report— Not later than 60 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that describes all current or planned foreign assistance programs that will provide the assistance authorized under paragraph (1).
(f)
added
Atrocity Crimes Advisory Group for Ukraine— The Department of State is authorized to support the Atrocity Crimes Advisory Group for Ukraine by providing technical assistance, capacity building, and advisory support to the Government of Ukraine’s Office of the Prosecutor General, and other relevant components of the Government of Ukraine, for the purpose of investigating and prosecuting cases involving abducted children, and other atrocity crimes.
(g)
added
Department of Justice— The Department of Justice is authorized to provide technical assistance, capacity building, and advisory support to the Government of Ukraine through its Office of Overseas Prosecutorial Development, Assistance, and Training, which shall be coordinated by the Resident Legal Adviser at the United States Embassy in Kyiv, for the purpose of investigating and prosecuting cases involving abducted children, and other atrocity crimes.
(h)
added
Reports— Not later than 60 days after the date of the enactment of this Act—
(1)
added
the Secretary of State, in coordination with the Attorney General, shall submit a report to the Committee on Foreign Relations of the Senate, the Committee on the Judiciary of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on the Judiciary of the House of Representatives that describes current and planned United States Government support for the Government of Ukraine’s work to investigate and prosecute atrocity crimes; and
(2)
added
the Secretary of State, in coordination with the Secretary of the Treasury, shall submit a report to the Committee on Foreign Relations of the Senate, the Committee on Banking, Housing, and Urban Affairs of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Financial Services of the House of Representatives that outlines—
(A)
added
any discrepancies between the sanctions regimes of the United States, the United Kingdom, and the European Union with respect to those responsible for the abduction of Ukrainian children; and
(B)
added
efforts made by the United States Government to better align such sanction regimes.
Sec. 1271
Short title
added
added
This subtitle may be cited as the “Western Balkans Democracy and Prosperity Act”.
added
Congress finds the following:
(1)
added
The Western Balkans countries (the Republic of Albania, Bosnia and Herzegovina, the Republic of Kosovo, Montenegro, the Republic of North Macedonia and the Republic of Serbia) form a pluralistic, multi-ethnic region in the heart of Europe that is critical to the peace, stability, and prosperity of that continent.
(2)
added
Continued peace, stability, and prosperity in the Western Balkans is directly tied to the opportunities for democratic and economic advancement available to the citizens and residents of those six countries.
(3)
added
It is in the mutual interest of the United States and the countries of the Western Balkans to promote stable and sustainable economic growth and development in the region.
(4)
added
The reforms and integration with the European Union pursued by countries in the Western Balkans have led to significant democratic and economic progress in the region.
(5)
added
Despite economic progress, rates of poverty and unemployment in the Western Balkans remain higher than in neighboring European Union countries.
(6)
added
Out-migration, particularly of youth, is affecting demographics in each Western Balkans country, resulting in population decline in all six countries.
(7)
added
Implementing critical economic and governance reforms could help enable investment and employment opportunities in the Western Balkans, especially for youth, and can provide powerful tools for economic development and for encouraging broader participation in a political process that increases prosperity for all.
(8)
added
Existing regional economic efforts, such as the Common Regional Market, the Berlin Process, and the Open Balkan Initiative, could have the potential to improve the economic conditions in the Western Balkans, while promoting inclusion and transparency.
(9)
added
The Department of Commerce, through its Foreign Commercial Service, plays an important role in promoting and facilitating opportunities for United States investment.
(10)
added
Corruption, including among key political leaders, continues to plague the Western Balkans and represents one of the greatest impediments to further economic and political development in the region.
(11)
added
Disinformation campaigns targeting the Western Balkans undermine the credibility of its democratic institutions, including the integrity of its elections.
(12)
added
Vulnerability to cyberattacks or attacks on information and communication technology infrastructure increases risks to the functioning of government and the delivery of public services.
(13)
added
United States Cyber Command, the Department of State, and other Federal agencies play a critical role in defending the national security interests of the United States, including by deploying cyber hunt forward teams at the request of partner nations to reinforce their cyber defenses.
(14)
added
Securing domestic and international cyber networks and ICT infrastructure is a national security priority for the United States, which is exemplified by offices and programs across the Federal Government that support cybersecurity.
(15)
added
Corruption and disinformation proliferate in political environments marked by autocratic control or partisan conflict.
(16)
added
Dependence on Russian sources of fossil fuels and natural gas for the countries of the Western Balkans ties their economies and politics to the Russian Federation and inhibits their aspirations for European integration.
(17)
added
Reducing the reliance of the Western Balkans on Russian natural gas supplies and fossil fuels is in the national interest of the United States.
(18)
added
The growing influence of China in the Western Balkans could also have a deleterious impact on strategic competition, democracy, and economic integration with Europe.
(19)
added
In March 2022, President Biden launched the European Democratic Resilience Initiative to bolster democratic resilience, advance anti-corruption efforts, and defend human rights in Ukraine and its neighbors in response to Russia’s war of aggression.
(20)
added
The parliamentary and local elections held in Serbia on December 17, 2023, and their immediate aftermath are cause for deep concern about the state of Serbia’s democracy, including due to the final report of the Organization for Security and Co-operation in Europe's Office for Democratic Institutions and Human Rights, which—
(A)
added
found “unjust conditions” for the election;
(B)
added
found “numerous procedural deficiencies, including inconsistent application of safeguards during voting and counting, frequent instances of overcrowding, breaches in secrecy of the vote, and numerous instances of group voting”; and
(C)
added
asserted that “voting must be repeated” in certain polling stations.
(21)
added
The Organization for Security and Co-operation in Europe also noted that Serbian officials accused primarily peaceful protestors, opposition parties, and civil society of “attempting to destabilize the government”, a concerning allegation that threatens the safety of important elements of Serbian society.
(22)
added
Democratic countries whose values are in alignment with the United States make for stronger and more durable partnerships.
Sec. 1273
Sense of Congress
added
added
It is a sense of Congress that the United States should—
(1)
added
encourage increased business links and investment between the United States and allies and partners in the Western Balkans;
(2)
added
expand United States assistance to regional integration efforts in the Western Balkans;
(3)
added
strengthen and expand regional economic integration in the Western Balkans, especially enterprises owned by and employing women and youth;
(4)
added
work with allies and partners committed to improving the rule of law, energy resource diversification, democratic and economic reform, and the reduction of poverty in the Western Balkans;
(5)
added
increase United States business links and investment with the Western Balkans, particularly in ways that support countries' efforts—
(A)
added
to decrease dependence on Russian energy sources and fossil fuels;
(B)
added
to increase energy diversification, efficiency, and conservation; and
(C)
added
to facilitate the transition to cleaner and more reliable sources of energy, including renewables, as appropriate;
(6)
added
continue to assist in the development, within the Western Balkans, of—
(A)
added
strong civil societies;
(B)
added
public-private partnerships;
(C)
added
independent media;
(D)
added
transparent, accountable, citizen-responsive governance, including equal representation for women, youth, and persons with disabilities;
(E)
added
political stability; and
(F)
added
modern, free-market based economies.
(7)
added
support the accession of those Western Balkans countries that are not already members to the European Union and to the North Atlantic Treaty Organization (referred to in this section as “NATO”) for countries that—
(A)
added
desire membership;
(B)
added
are eligible for membership,
(C)
added
are supported by all allies to proceed with an invitation for such membership; and
(D)
added
are in a position to further the principles of the North Atlantic Treaty and meaningfully contribute to the collective security of NATO;
(A)
added
maintaining the full European Union Force (EUFOR) mandate in Bosnia and Herzegovina as being in the national security interests of the United States; and
(B)
added
encouraging NATO and the European Union to review their mission mandates and posture in Bosnia and Herzegovina to ensure they are playing a proactive role in establishing a safe and secure environment, particularly in the realm of defense;
(9)
added
acknowledge the European Union membership aspirations of Albania, Bosnia and Herzegovina, Kosovo, North Macedonia, Montenegro, and Serbia and support those countries to meet the benchmarks required for their accession;
(10)
added
continue to support the cultural heritage, and recognize the languages, of the Western Balkans;
(11)
added
coordinate closely with the European Union, the United Kingdom, and other allies and partners on sanctions designations in Western Balkans countries and work to align efforts as much as possible to demonstrate a clear commitment to upholding democratic values;
(12)
added
expand bilateral security cooperation with non-NATO member Western Balkans countries, particularly efforts focused on regional integration and cooperation, including through the Adriatic Charter, which was launched at Tirana on May 2, 2003;
(13)
added
increase efforts to combat Russian malign influence campaigns and any other destabilizing or disruptive activities targeting the Western Balkans through engagement with government institutions, political stakeholders, journalists, civil society organizations, and industry leaders;
(14)
added
develop a series of cyber resilience standards, consistent with the Enhanced Cyber Defence Policy and Readiness Action Plan endorsed at the 2014 Wales Summit of the North Atlantic Treaty Organization to expand cooperation with partners and allies, including in the Western Balkans, on cyber security and ICT infrastructure;
(15)
added
articulate clearly and unambiguously the United States commitment to supporting democratic values and respect for international law as the sole path forward for the countries of the Western Balkans; and
(16)
added
prioritize partnerships and programming with Western Balkan countries that demonstrate commitment toward strengthening their democracies and show respect for human rights.
Sec. 1274
Definitions
added
added
In this subtitle:
(1)
added
Appropriate committees of congress— The term appropriate committees of Congress 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 Banking, Housing, and Urban Affairs of the Senate;
(D)
added
the Committee on Foreign Affairs of the House of Representatives;
(E)
added
the Committee on Appropriations of the House of Representatives; and
(F)
added
the Committee on Financial Services of the House of Representatives.
(2)
added
ICT— The term ICT means information and communication technology.
(3)
added
Western balkans— The term Western Balkans means the region comprised of the following countries:
(A)
added
The Republic of Albania.
(B)
added
Bosnia and Herzegovina.
(C)
added
The Republic of Kosovo.
(E)
added
The Republic of North Macedonia.
(F)
added
The Republic of Serbia.
(4)
added
Western balkans country— The term Western Balkans country means any country listed in subparagraphs (A) through (F) of paragraph (3).
Sec. 1275
Codification of sanctions relating to the Western Balkans
added
(a)
added
In general— Each person listed or designated for the imposition of sanctions under an executive order described in subsection (c) as of the date of the enactment of this Act shall remain so designated, except as provided in subsections (d) and (f).
(b)
added
Continuation of sanctions authorities— Each authority to impose sanctions provided for under an executive order described in subsection (c) shall remain in effect.
(c)
added
Executive orders specified— The executive orders specified in this subsection are—
(1)
added
Executive Order 13219, as amended by Executive Order 13304 (50 U.S.C. 1701 note; relating to blocking property of persons who threaten international stabilization efforts in the Western Balkans); and
(2)
added
Executive Order 14033 (50 U.S.C. 1701 note; relating to blocking property and suspending entry into the United States of certain persons contributing to the destabilizing situation in the Western Balkans), as amended by Executive Order 14140 (90 Fed. Reg. 2589; relating to taking additional steps with respect to the situation in the Western Balkans), as in effect on the date of the enactment of Executive Order 14140.
(d)
added
Termination of sanctions— The President may terminate the application of a sanction authorized under Executive Order 14033, as amended by Executive Order 14140, with respect to a person if the President certifies to the appropriate committees of Congress that—
(1)
added
the person is not engaging in the activity that was the basis for such sanction or has taken significant verifiable steps toward stopping such activity; and
(2)
added
the President has received reliable assurances that the person will not knowingly engage in activity subject to such sanction in the future.
(e)
added
Rule of construction regarding delisting procedures relating to sanctions authorized under executive orders 13219 and 13304— Nothing in subsection (d) may be construed to modify the delisting procedures used by the Department of the Treasury with respect to sanctions authorized under Executive Order 13219, as amended by Executive Order 13304 (50 U.S.C. 1701 note; relating to blocking property of persons who threaten international stabilization efforts in the Western Balkans).
(1)
added
In general— The President may waive the application of sanctions under this section for renewable periods not to exceed 180 days if the President—
(A)
added
determines that such a waiver is in the national security interests of the United States; and
(B)
added
not less than 15 days before the granting of the waiver, submits to the appropriate committees of Congress a notice of and justification for the waiver.
(2)
added
Form— The waiver described in paragraph (1) may be transmitted in classified form.
(1)
added
Humanitarian assistance— Sanctions authorized under this section shall not apply to—
(A)
added
the conduct or facilitation of a transaction for the provision of agricultural commodities, food, medicine, medical devices, humanitarian assistance, or for humanitarian purposes; or
(B)
added
transactions that are necessary for, or ordinarily incident to, the activities described in subparagraph (A).
(2)
added
Compliance with international obligations and law enforcement activities— Sanctions authorized under this section shall not apply with respect to an alien if admitting or paroling such alien is necessary—
(A)
added
to comply with United States obligations under—
(i)
added
the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947;
(ii)
added
the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967; or
(iii)
added
any other international agreement; or
(B)
added
to carry out or assist law enforcement activity in the United States.
(3)
added
Exception for intelligence activities— Sanctions authorized under this section shall not apply to—
(A)
added
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
(B)
added
any authorized intelligence activities of the United States.
(4)
added
Exception relating to importation of goods—
(A)
added
In general— The requirement to block and prohibit all transactions in all property and interests in property under this section shall not include the authority or a requirement to impose sanctions on the importation of goods.
(B)
added
Defined term— 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.
(h)
added
Rulemaking— The President is authorized to promulgate such rules and regulations as may be necessary to carry out the provisions of this section (which may include regulatory exceptions), including under section 205 of the International Emergency Economic Powers Act (50 U.S.C. 1704)).
(i)
added
Rules of construction— Nothing in this section may be construed to limit the authorities of the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
(j)
added
Sunset— This section shall cease to have force or effect beginning on the date that is 8 years after the date of the enactment of this Act.
Sec. 1276
Democratic and economic development and prosperity initiatives
added
(a)
added
Anti-corruption initiative— The Secretary of State, through ongoing and new programs, should develop an initiative that—
(1)
added
seeks to expand technical assistance in each Western Balkans country, taking into account local conditions and contingent on the agreement of the host country government to develop new national anti-corruption strategies;
(2)
added
seeks to share best practices with, and provide training, including through the use of embedded advisors, to civilian law enforcement agencies and judicial institutions, and other relevant administrative bodies, of the Western Balkans countries, to improve the efficiency, transparency, and accountability of such agencies and institutions;
(3)
added
strengthens existing national anti-corruption strategies—
(A)
added
to combat political corruption, particularly in the judiciary, independent election oversight bodies, and public procurement processes; and
(B)
added
to strengthen regulatory and legislative oversight of critical governance areas, such as freedom of information and public procurement, including by strengthening cyber defenses and ICT infrastructure networks;
(4)
added
includes the Western Balkans countries in the European Democratic Resilience Initiative of the Department of State, or any equivalent successor initiative, and considers the Western Balkans as a recipient of anti-corruption funding for such initiative; and
(5)
added
seeks to promote the important role of an independent media in countering corruption through engagements with governments of Western Balkan countries and providing training opportunities for journalists on investigative reporting.
(b)
added
Prioritizing cyber resilience, regional economic connectivity, and economic competitiveness—
(1)
added
Sense of congress— It is the sense of Congress that—
(A)
added
promoting stronger economic, civic, and political relationships among Western Balkans countries will enable countries to better utilize existing resources and maximize their economic security and democratic resilience by reinforcing cyber defenses and increasing economic activity among other countries in the region; and
(B)
added
United States private investments in and assistance toward creating a more integrated region ensures political stability and security for the region.
(2)
added
5-year strategy for economic development and democratic resilience in western balkans— Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a regional economic development and democratic resilience strategy for the Western Balkans that complements the efforts of the European Union, European nations, and other multilateral financing institutions—
(A)
added
to consider the full set of tools and resources available from the relevant agencies;
(B)
added
to include efforts to ensure coordination with multilateral and bilateral partners, such as the European Union, the World Bank, and other relevant assistance frameworks;
(C)
added
to include an initial public assessment of—
(i)
added
economic opportunities for which United States businesses, or those of other like-minded partner countries, would be competitive;
(ii)
added
legal, economic, governance, infrastructural, or other barriers limiting United States economic activity and investment in the Western Balkans;
(iii)
added
the effectiveness of all existing regional cooperation initiatives, such as the Open Balkan initiative and the Western Balkans Common Regional Market; and
(iv)
added
ways to increase United States economic activity and investment within the Western Balkans;
(D)
added
to develop human and institutional capacity and infrastructure across multiple sectors of economies, including clean energy, energy efficiency, agriculture, small and medium-sized enterprise development, health, and cyber-security;
(E)
added
to assist with the development and implementation of programs or initiatives to increase economic development and prosperity in the region;
(F)
added
to support small- and medium-sized businesses, including women-owned enterprises;
(G)
added
to promote government and civil society policies and programs that combat corruption and encourage transparency (including by supporting independent media by promoting the safety and security of journalists), free and fair competition, sound governance, judicial reform, environmental stewardship, and business environments conducive to sustainable and inclusive economic growth; and
(H)
added
to include a public diplomacy strategy that describes the actions that will be taken by relevant agencies to increase support for the United States relationship by citizens of Western Balkans countries.
(3)
added
Briefing— Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall provide a briefing to the appropriate committees of Congress that describes the progress made towards developing the strategy required under paragraph (2).
(c)
added
Regional economic connectivity and development initiative—
(1)
added
Authorization— The Secretary of State, in coordination with the heads of other relevant Federal departments and agencies, may coordinate a regional economic connectivity and development initiative for the region comprised of each Western Balkans country and any European Union member country that shares a border with a Western Balkans country (referred to in this subsection as the “Western Balkans region”) in accordance with this subsection.
(2)
added
Initiative elements— The initiative authorized under paragraph (1) shall—
(A)
added
promote private sector growth and competitiveness and increase the capacity of businesses, particularly small and medium-sized enterprises, in the Western Balkans region;
(B)
added
aim to increase intraregional exports to countries in the Balkans and European Union member states;
(C)
added
aim to increase United States economic activity and investments in countries in the Western Balkans;
(D)
added
support startup companies, including companies led by youth or women, in the Western Balkans region by—
(i)
added
providing training in business skills and leadership; and
(ii)
added
providing opportunities to connect to sources of capital;
(E)
added
encourage and promote increased economic activity and investment in the Western Balkans through engagement with the Western Balkans diaspora communities in the United States and abroad;
(F)
added
provide assistance to the governments and civil society organizations of Western Balkans countries to develop—
(i)
added
regulations to ensure fair and effective investment; and
(ii)
added
screening tools to identify and deter malign investments and other coercive economic practices;
(G)
added
identify areas where application of additional resources and workforce retraining could expand successful programs to 1 or more countries in the Western Balkans region by building on the existing experience and program architecture;
(H)
added
compare existing single-country sector analyses to determine areas of focus that would benefit from a regional approach with respect to the Western Balkans region; and
(I)
added
promote intraregional economic connectivity throughout the Western Balkans region through—
(i)
added
programming, including grants, cooperative agreements, and other forms of assistance;
(ii)
added
expanding awareness of the availability of loans and other financial instruments from the United States Government; and
(iii)
added
coordinating access to existing instruments to promote economic activity and investment that are available through allies and partners in the Western Balkans region, including the European Union and international financial institutions.
(3)
added
Support for regional infrastructure projects— The initiative authorized under paragraph (1) should facilitate and prioritize support for regional infrastructure projects, including—
(A)
added
transportation projects that build roads, bridges, railways and other physical infrastructure to facilitate travel of goods and people throughout the Western Balkans region;
(B)
added
technical support and investments needed to meet United States and European Union standards for air travel, including screening and information sharing;
(C)
added
the development of telecommunications networks with trusted providers;
(D)
added
infrastructure projects that connect Western Balkans countries to each other and to countries with which they share a border;
(E)
added
information exchange on effective tender procedures and transparent procurement processes;
(F)
added
investment transparency programs that will help countries in the Western Balkans analyze gaps and establish institutional and regulatory reforms necessary—
(i)
added
to create an enabling environment for economic activities and investment; and
(ii)
added
to strengthen protections against suspect investments through public procurement and privatization and through foreign direct investments;
(G)
added
sharing best practices learned from the United States and other international partners to ensure that institutional and regulatory mechanisms are fair, nonarbitrary, effective, and free from corruption;
(H)
added
projects that support regional energy security and reduce dependence on Russian energy;
(I)
added
technical assistance and generating private investment in projects that promote connectivity and energy-sharing in the Western Balkans region;
(J)
added
technical assistance to support regional collaboration on environmental protection that includes governmental, political, civic, and business stakeholders; and
(K)
added
technical assistance to develop financing options and help create linkages with potential financing institutions and investors.
(4)
added
Requirements— All programming under the initiative authorized under paragraph (1) shall—
(A)
added
be open to the participation of Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia, and Serbia;
(B)
added
be consistent with European Union accession requirements;
(C)
added
be focused on retaining talent within the Western Balkans;
(D)
added
promote government policies in Western Balkans countries that encourage free and fair competition, sound governance, environmental protection, and business environments that are conducive to sustainable and inclusive economic growth; and
(E)
added
include a public diplomacy strategy to inform local and regional audiences in the Western Balkans region about the initiative, including specific programs and projects.
(d)
added
United States International Development Finance Corporation—
(1)
added
Appointments— Not later than 1 year after the date of the enactment of this Act, subject to the availability of appropriations, the Chief Executive Officer of the United States International Development Finance Corporation, in collaboration with the Secretary of State, should consider including a regional office with responsibilities for the Western Balkans within the Corporation’s plans to open new regional offices.
(2)
added
Joint report— Not later than 180 days after the date of the enactment of this Act, the Chief Executive Officer of the United States International Development Finance Corporation and the Secretary of State shall submit a joint report to the appropriate committees of Congress that includes—
(A)
added
an assessment of the benefits of providing sovereign loan guarantees to countries in the Western Balkans to support infrastructure and energy diversification projects;
(B)
added
an outline of additional resources, such as tools, funding, and personnel, which may be required to offer sovereign loan guarantees in the Western Balkans; and
(C)
added
an assessment of how the United States International Development Finance Corporation, in coordination with the United States Trade and Development Agency and the Export-Import Bank of the United States, can deploy its insurance products in support of bonds or other instruments issued to raise capital through United States financial markets in the Western Balkans.
Sec. 1277
Promoting cross-cultural and educational engagement
added
(a)
added
Sense of Congress— It is the sense of Congress that—
(1)
added
promoting partnerships between United States universities and universities in the Western Balkans advances United States foreign policy goals and requires a whole-of-government approach, including the utilization of public-private partnerships; and
(2)
added
such partnerships would provide opportunities for exchanging academic ideas, technical expertise, research, and cultural understanding for the benefit of the United States and may provide additional beneficial opportunities for cooperation in the private sector.
(b)
added
University partnerships— The President, working through the Secretary of State, is authorized to promote partnerships between United States universities and universities in the Western Balkans, including—
(1)
added
supporting research and analysis on cyber resilience;
(2)
added
working with partner governments to reform policies, improve curricula, strengthen data systems, train teachers and students, including English language teaching, and to provide quality, inclusive learning materials;
(3)
added
encouraging knowledge exchanges to help provide individuals, particularly at-risk youth, women, people with disabilities, and other vulnerable, marginalized, or underserved communities, with relevant education, training, and skills for meaningful employment;
(4)
added
promoting teaching and research exchanges between institutions of higher education in the Western Balkans and in the United States; and
(5)
added
encouraging alliances and exchanges with like-minded institutions of education within the Western Balkans and the larger European continent.
Sec. 1278
Young Balkan Leaders Initiative
added
(a)
added
Sense of Congress— It is the sense of Congress that—
(1)
added
regular people-to-people exchange programs that bring religious leaders, journalists, civil society members, politicians, and other individuals from the Western Balkans to the United States will strengthen existing relationships and advance United States interests and shared values in the Western Balkans region; and
(2)
added
the Department of State, through BOLD, a leadership program for young leaders in certain Western Balkans countries, plays an important role to develop young leaders in improving civic engagement and economic development in Bosnia and Herzegovina, Serbia, and Montenegro.
(b)
added
Authorization— The Secretary of State should continue the BOLD Leadership Program, which shall hereafter be known as the “Young Balkan Leaders Initiative”, to promote educational and professional development for young adult leaders and professionals in the Western Balkans who have demonstrated a passion to contribute to the continued development of the Western Balkans region.
(c)
added
Conduct of initiative— The goals of the Young Balkan Leaders Initiative should include—
(1)
added
building the capacity of young Balkan leaders in the Western Balkans in the areas of business and information technology, cyber security and digitization, agriculture, civic engagement, and public administration;
(2)
added
supporting young Balkan leaders by offering professional development, training, and networking opportunities, particularly in the areas of leadership, innovation, civic engagement, elections, human rights, entrepreneurship, good governance, public administration, and journalism;
(3)
added
supporting young political, parliamentary, and civic Balkan leaders in collaboration on regional initiatives related to good governance, environmental protection, government ethics, and minority inclusion; and
(4)
added
providing increased economic and technical assistance to young Balkan leaders to promote economic growth and strengthen ties between businesses, investors, and entrepreneurs in the United States and in Western Balkans countries.
(d)
added
Fellowships— Under the Young Balkan Leaders Initiative, the Secretary of State is authorized to award fellowships to young leaders from the Western Balkans who—
(1)
added
are between 18 and 35 years of age;
(2)
added
have demonstrated strong capabilities in entrepreneurship, innovation, public service, and leadership;
(3)
added
have had a positive impact in their communities, organizations, or institutions, including by promoting cross-regional and multiethnic cooperation; and
(4)
added
represent a cross-section of geographic, gender, political, and cultural diversity.
(e)
added
Briefing on certain exchange programs— Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall provide a briefing to the appropriate committees of Congress that describes the status of exchange programs involving the Western Balkans region.
Sec. 1279
Supporting cybersecurity and cyber resilience in the Western Balkans
added
(a)
added
Sense of Congress— It is the sense of Congress that—
(1)
added
United States support for cybersecurity, cyber resilience, and secure ICT infrastructure in Western Balkans countries will strengthen the region’s ability to defend itself from and respond to malicious cyber activity conducted by nonstate and foreign actors, including foreign governments, that seek to influence the region;
(2)
added
insecure ICT networks that are vulnerable to manipulation can increase opportunities for—
(A)
added
the compromise of cyber infrastructure, including data networks, electronic infrastructure, and software systems; and
(B)
added
the use of online information operations by adversaries and malign actors to undermine United States allies and interests; and
(3)
added
it is in the national security interest of the United States to support the cybersecurity and cyber resilience of Western Balkans countries.
(b)
added
Interagency report on cybersecurity and the digital information environment in Western Balkans countries— Not later than 1 year after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, the Secretary of Homeland Security, and the heads of other relevant Federal agencies, shall submit a report to the appropriate committees of Congress and the Committee on Armed Services of the Senate that contains—
(1)
added
an overview of interagency efforts to strengthen cybersecurity and cyber resilience in Western Balkans countries;
(2)
added
a review of the information environment in each Western Balkans country;
(3)
added
a review of existing United States Government cyber and digital initiatives that—
(A)
added
counter influence operations and safeguard elections and democratic processes in Western Balkans countries;
(B)
added
strengthen ICT infrastructure, digital accessibility, and cybersecurity capacity in the Western Balkans;
(C)
added
support democracy and internet freedom in Western Balkans countries; and
(D)
added
build cyber capacity of governments who are allies or partners of the United States;
(4)
added
an assessment of cyber threat information sharing between the United States and Western Balkans countries;
(5)
added
an assessment of—
(A)
added
options for the United States to better support cybersecurity and cyber resilience in Western Balkans countries through changes to current assistance authorities; and
(B)
added
the advantages or limitations, such as funding or office space, of posting cyber professionals from other Federal departments and agencies to United States diplomatic posts in Western Balkans countries and providing relevant training to Foreign Service Officers; and
(6)
added
any additional support needed from the United States for the cybersecurity and cyber resilience of the following NATO Allies: Albania, Montenegro, and North Macedonia.
Sec. 1280
Relations between Kosovo and Serbia
added
(a)
added
Sense of Congress— It is the sense of Congress that—
(1)
added
the Agreement on the Path to Normalization of Relations, which was agreed to by Kosovo and Serbia on February 27, 2023, with the facilitation of the European Union, is a positive step forward in advancing normalization between the two countries;
(2)
added
Serbia and Kosovo should seek to make immediate progress on the Implementation Annex to the agreement referred to in paragraph (1);
(3)
added
once sufficient progress has been made on the Implementation Annex, the United States should consider advancing initiatives to strengthen bilateral relations with both countries, which could include—
(A)
added
establishing bilateral strategic dialogues with Kosovo and Serbia; and
(B)
added
advancing concrete initiatives to deepen economic ties and investment with both countries; and
(4)
added
the United States should continue to support a comprehensive final agreement between Kosovo and Serbia based on mutual recognition.
(b)
added
Statement of policy— It is the policy of the United States Government that—
(1)
added
it shall not pursue any policy that advocates for land swaps, partition, or other forms of redrawing borders along ethnic lines in the Western Balkans as a means to settle disputes between nation states in the region; and
(2)
added
it should support pluralistic democracies in countries in the Western Balkans as a means to prevent a return to the ethnic strife that once characterized the region.
Sec. 1280A
Reports on Russian and Chinese malign influence operations and campaigns in the Western Balkans
added
(a)
added
Reports required— Not later than 180 days after the date of the enactment of this Act, and every two years thereafter, the Secretary of State, in coordination with the Secretary of Defense, the Director of National Intelligence, and the heads of other Federal departments or agencies, as appropriate, shall submit a report to the appropriate committees of Congress, the Select Committee on Intelligence of the Senate, the Committee on Armed Services of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives regarding Russian and Chinese malign influence operations and campaigns carried out with respect to Balkan countries that seek—
(1)
added
to undermine democratic institutions;
(2)
added
to promote political instability; and
(3)
added
to harm the interests of the United States and North Atlantic Treaty Organization member and partner states in the Western Balkans.
(b)
added
Elements— Each report submitted pursuant to subsection (a) shall include—
(1)
added
an assessment of the objectives of the Russian Federation and the People's Republic of China regarding malign influence operations and campaigns carried out with respect to Western Balkans countries—
(A)
added
to undermine democratic institutions, including the planning and execution of democratic elections;
(B)
added
to promote political instability; and
(C)
added
to manipulate the information environment;
(2)
added
the activities and roles of the Department of State and other relevant Federal agencies in countering Russian and Chinese malign influence operations and campaigns;
(3)
added
an assessment of—
(A)
added
each network, entity and individual, to the extent such information is available, of Russia, China, or any other country with which Russia or China may cooperate, that is supporting such Russian or Chinese malign influence operations or campaigns, including the provision of financial or operational support to activities in a Western Balkans country that may limit freedom of speech or create barriers of access to democratic processes, including exercising the right to vote in a free and fair election; and
(B)
added
the role of each such entity in providing such support;
(4)
added
the identification of the tactics, techniques, and procedures used in Russian or Chinese malign influence operations and campaigns in Western Balkans countries;
(5)
added
an assessment of the effect of previous Russian or Chinese malign influence operations and campaigns that targeted alliances and partnerships of the United States Armed Forces in the Western Balkans, including the effectiveness of such operations and campaigns in achieving the objectives of Russia and China, respectively;
(6)
added
the identification of each Western Balkans country with respect to which Russia or China has conducted or attempted to conduct a malign influence operation or campaign;
(7)
added
an assessment of the capacity and efforts of NATO and of each individual Western Balkans country to counter Russian or Chinese malign influence operations and campaigns carried out with respect to Western Balkans countries;
(8)
added
the efforts by the United States to combat such malign influence operations in the Western Balkans, including through the Countering Russian Influence Fund and the Countering People’s Republic of China Malign Influence Fund;
(9)
added
an assessment of the tactics, techniques, and procedures that the Secretary of State, in consultation with the Director of National Intelligence and the Secretary of Defense, determines are likely to be used in future Russian or Chinese malign influence operations and campaigns carried out with respect to Western Balkans countries; and
(10)
added
activities that the Department of State and other relevant Federal agencies could use to increase the United States Government’s capacity to counter Russian and Chinese malign influence operations and campaigns in Western Balkans countries.
(c)
added
Form— Each report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Sec. 1270
Short title
added
added
This subtitle may be cited as the “DFC Modernization and Reauthorization Act of 2025”.
Sec. 1271
Definitions
added
added
Section 1402 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9601) is amended—
(1)
added
by redesignating paragraphs (1), (2), (3), and (4) as paragraphs (2), (5), (6), and (7), respectively;
(2)
added
by inserting before paragraph (2), as so redesignated, the following:
added
“(1) Advancing income country—The term advancing income country, with respect to a fiscal year for the Corporation, means a country the gross national income per capita of which at the start of such fiscal year is—
added
“(A) greater than the World Bank threshold for initiating the International Bank for Reconstruction and Development graduation process; and
added
“(B) is equal to or less than the per capita income threshold for classification as a high-income economy (as defined by the World Bank).”
(3)
added
by inserting after paragraph (2), as so redesignated, the following:
added
“(3) Country of concern—The term country of concern means any of the following countries:
added
“(A) The Bolivarian Republic of Venezuela.
added
“(B) The Republic of Cuba.
added
“(C) The Democratic People’s Republican of Korea.
added
“(D) The Islamic Republic of Iran.
added
“(E) The People’s Republic of China.
added
“(F) The Russian Federation.
added
“(G) Belarus.
added
“(4) High-income country—The term high-income country, with respect to a fiscal year for the Corporation, means a country with a high-income economy (as defined by the World Bank) at the start of such fiscal year.”
(4)
added
by striking paragraph (5), as so redesignated, and inserting the following:
added
“(5) Less developed country—The term less developed country, with respect to a fiscal year for the Corporation, means a country the gross national income per capita of which at the start of such fiscal year is equal to or less than the World Bank threshold for initiating the International Bank for Reconstruction Development graduation process.”
Sec. 1272
Less developed country focus
added
added
Section 1412 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9612) is amended—
(1)
added
in subsection (b), in the first sentence—
(A)
added
by striking “and countries in transition from nonmarket to market economies” and inserting “countries in transition from nonmarket to market economies, and other eligible foreign countries”; and
(B)
added
by inserting “and national security” after “foreign policy”; and
(2)
added
by striking subsection (c) and inserting the following:
added
“(c) Eligible countries
added
“(1) Less developed country focus—The Corporation shall prioritize the provision of support under title II in less developed countries.
added
“(2) Advancing income countries—The Corporation may provide support for a project under title II in an advancing income country if, before providing such support, the Chief Executive Officer certifies in writing to the appropriate congressional committees, that such support will be provided in accordance with the policy established pursuant to subsection (d)(2). Such certification may be included as an appendix to the report required by section 1446.
added
“(3) High-income countries
added
“(A) In general—The Corporation may provide support for a project under title II in a high-income country if, before providing such support, the Chief Executive Officer certifies in writing to the appropriate congressional committees that such support will be provided in accordance with the policy established pursuant to subsection (d)(3). Such certification may be included as an appendix to the report required by section 1446.
added
“(B) Report—Not later than 120 days after the date of the enactment of the DFC Modernization and Reauthorization Act of 2025, and annually thereafter, the Corporation shall submit to the appropriate congressional committees a report, which may be submitted in classified or confidential form, that includes—
added
“(i) a list of all high-income countries in which the Corporation anticipates providing support in the subsequent fiscal year (and, with respect to the first such report, the then-current fiscal year); and
added
“(ii) to the extent practicable, a description of the type of projects anticipated to receive such support.
added
“(C) Projects in high-income countries not previously identified in report—The Corporation may not provide support for a project in a high-income country in any year for which that high-income country is not included on the list required by subparagraph (B)(i), unless, not later than 15 days before final management approval, the Corporation consults with and submits to the appropriate congressional committees a notification describing how the proposed project advances the foreign policy interests of the United States.
added
“(d) Strategic investments policy
added
“(1) In general—The Board shall establish policies, which shall be applied on a project-by-project basis, to evaluate and determine the strategic merits of providing support for projects and investments in advancing income countries and high-income countries.
added
“(2) Investment policy for advancing income countries—Any policy used to evaluate and determine the strategic merits of providing support for projects in an advancing income country shall require that such projects—
added
“(A) advance—
added
“(i) the national security interests of the United States in accordance with United States foreign policy, as determined by the Secretary of State; or
added
“(ii) significant strategic economic competitiveness imperatives;
added
“(B) are designed in a manner to produce significant developmental outcomes or provide developmental impacts to the poorest populations of such country; and
added
“(C) are structured in a manner that maximizes private capital mobilization.
added
“(3) Investment policy for high-income countries—Any policy used to evaluate and determine the strategic merits of providing support for projects in high-income countries shall require that—
added
“(A) each such project meets the requirements described in paragraph (2);
added
“(B) with respect to each project in a high-income country—
added
“(i) private sector entities have been afforded an opportunity to support the project on viable terms in place of support by the Corporation; and
added
“(ii) such support does not exceed more than 25 percent of the total cost of the project;
added
“(C) with respect to support for all projects in all high-income countries, the aggregate amount of such support does not exceed 8 percent of the total contingent liability of the Corporation outstanding as of the date on which any such support is provided in a high-income country; and
added
“(D) the Chief Executive Officer submit to the appropriate congressional committees a report, which may be submitted as an appendix to a report required by section 1446, that—
added
“(i) certifies that the Corporation has applied the policy to each supported project in a high-income country; and
added
“(ii) describes whether such support—
added
“(I) is a preferred alternative to state-directed investments by a foreign country of concern; or
added
“(II) otherwise furthers the strategic interest of the United States to counter or limit the influence of foreign countries of concern.
added
“(e) Ineligible countries—The Corporation shall not provide support for a project in a country of concern.
added
“(f) Sense of Congress—It is the sense of Congress that—
added
“(1) the Corporation should continuously operate in a manner that advances its core mission and purposes, as described in this title; and
added
“(2) resources of the Corporation should not be diverted for domestic or other activities extending beyond the scope of such mission and purpose.”
Sec. 1273
Structure of Corporation
added
added
Section 1413(a) of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9613(a)) is amended by inserting “a Chief Strategic Investment Officer,” after “Chief Development Officer,”.
Sec. 1274
Board of Directors
added
added
Section 1413 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9613) is amended—
(1)
added
in subsection (b)—
(A)
added
in paragraph (2)(A)(iii), by striking “5 individuals” each place it appears and inserting “3 individuals”; and
(B)
added
by adding at the end the following new paragraph:
added
“(6) Sunshine Act compliance—Meetings of the Board are subject to section 552b of title 5, United States Code (commonly referred to as the “Government in the Sunshine Act”).”
(2)
added
by striking subsection (c) and inserting the following:
added
“(c) Public hearings—The Board shall—
added
“(1) hold at least 2 public hearings each year in order to afford an opportunity for any person to present views with respect to whether—
added
“(A) the Corporation is carrying out its activities in accordance with this division; and
added
“(B) any support provided by the Corporation under title II in any country should be suspended, expanded, or extended;
added
“(2) as necessary and appropriate, provide responses to the issues and questions discussed during each such hearing following the conclusion of the hearing;
added
“(3) post the minutes from each such hearing on a website of the Corporation and, consistent with applicable laws related to privacy and the protection of proprietary business information, the responses to issues and questions discussed in the hearing; and
added
“(4) implement appropriate procedures to ensure the protection from unlawful disclosure of the proprietary information submitted by private sector applicants marked as business confidential information unless—
added
“(A) the party submitting the confidential business information waives such protection or consents to the release of the information; or
added
“(B) to the extent some form of such protected information may be included in official documents of the Corporation, a nonconfidential form of the information may be provided, in which the business confidential information is summarized or deleted in a manner that provides appropriate protections for the owner of the information.”
Sec. 1275
Chief Executive Officer
added
added
Section 1413(d)(3) of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9613(d)(3)) is amended to read as follows:
added
“(3) Relationship to Board—The Chief Executive Officer shall—
added
“(A) report to and be under the direct authority of the Board; and
added
“(B) take input from the Board when assessing the performance of the Chief Risk Officer, established pursuant to subsection (f), the Chief Development Officer, established pursuant to subsection (g), and the Chief Strategic Investment Officer, established pursuant to subsection (h).”
Sec. 1276
Chief Risk Officer
added
added
Section 1413(f) of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9613(f)) is amended—
(1)
added
in paragraph (1)—
(A)
added
by striking “who—” and inserting “who shall be removable only by a majority vote of the Board.”; and
(B)
added
by striking subparagraphs (A) and (B); and
(2)
added
by striking paragraph (2) and inserting the following:
added
“(2) Duties and responsibilities—The Chief Risk Officer shall—
added
“(A) report directly to the Chief Executive Officer;
added
“(B) support the risk committee of the Board established under section 1441 in carrying out its responsibilities as set forth in subsection (b) of that section, including by—
added
“(i) developing, implementing, and managing a comprehensive framework and process for identifying, assessing, and monitoring risk;
added
“(ii) developing a transparent risk management framework designed to evaluate risks to the Corporation’s overall portfolio, giving due consideration to the policy imperatives of ensuring investment and regional diversification of the Corporation’s overall portfolio;
added
“(iii) assessing the Corporation’s overall risk tolerance, including recommendations for managing and improving the Corporation’s risk tolerance and regularly advising the Board on recommended steps the Corporation may take to responsibly increase risk tolerance; and
added
“(iv) regularly collaborating with the Chief Development Officer and the Chief Strategic Investments Officer to ensure the Corporation’s overall portfolio is appropriately balancing risk tolerance with development and strategic impact.”
Sec. 1277
Chief Development Officer
added
added
Section 1413(g) of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9613) is amended—
(1)
added
in paragraph (1), by striking “in development” in the matter preceding subparagraph (A) and all that follows through “shall be” subparagraph (B) and inserting “in international development and development finance, who shall be”; and
(2)
added
in paragraph (2)—
(A)
added
in the paragraph heading, by inserting “and responsibilities” after “duties”;
(B)
added
by redesignating subparagraphs (A), (B), (C), (D), (E), and (F) as subparagraphs (D), (E), (F), (G), (H), and (I), respectively;
(C)
added
by inserting before subparagraph (D), as so redesignated, the following:
added
“(A) advise the Chief Executive Officer and the Deputy Chief Executive Officer on international development policy matters and report directly to the Chief Executive Officer;
added
“(B) in addition to the Chief Executive Officer and the Deputy Chief Executive Officer, represent the Corporation in interagency meetings and processes relating to international development;
added
“(C) work with other relevant Federal departments and agencies to identify projects that advance United States international development interests;”
(D)
added
in subparagraph (D), as so redesignated, by striking “United States Government” and all that follows and inserting “Federal departments and agencies, including by directly liaising with the relevant members of United States country teams serving overseas, to ensure that such Federal departments, agencies, and country teams have the training and awareness necessary to fully leverage the Corporation’s development tools overseas;”;
(E)
added
in subparagraph (E), as so redesignated—
(i)
added
by striking “under the guidance of the Chief Executive Officer,”;
(ii)
added
by inserting “the development impact of Corporation transactions, including” after “evaluating”; and
(iii)
added
by striking “United States Government” and inserting “Federal”;
(F)
added
by striking subparagraph (F), as so redesignated, and inserting the following:
added
“(F) coordinate implementation of funds or other resources transferred to and from such Federal departments, agencies, or overseas country teams in support of the Corporation’s international development projects or activities;”
(G)
added
in subparagraph (G), as so redesignated, by inserting “manage the reporting responsibilities of the Corporation under” after “1442(b) and”;
(H)
added
in subparagraph (H), as so redesignated, by striking “; and” and inserting a semicolon;
(I)
added
in subparagraph (I), as so redesignated—
(i)
added
by striking “subsection (i)” and inserting “subsection (j)”; and
(ii)
added
by striking the period at the end and inserting a semicolon; and
(J)
added
by adding at the end the following new subparagraphs:
added
“(J) oversee implementation of the Corporation’s development impact strategy and work to ensure development impact at the transaction level and portfolio-wide;
added
“(K) foster and maintain relationships both within and external to the Corporation that enhance the capacity of the Corporation to achieve its mission to advance United States international development policy and interests;
added
“(L) coordinate within the Corporation to ensure United States international development policy and interests are considered together with the Corporation’s foreign policy and national security goals; and
added
“(M) coordinate with other Federal departments and agencies to explore investment opportunities that bring evidence-based, cost effective development innovations to scale in a manner that can be sustained by markets.”
Sec. 1278
Chief Strategic Investment Officer
added
added
Section 1413 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9613) is amended—
(1)
added
by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and
(2)
added
by inserting after subsection (g) the following:
added
“(h) Chief Strategic Investment Officer
added
“(1) Appointment—Subject to the approval of the Board, the Chief Executive Officer shall appoint a Chief Strategic Investment Officer, from among individuals with experience in United States national security matters and foreign investment, who shall be removable only by a majority vote of the Board.
added
“(2) Duties—The Chief Strategic Investment Officer shall—
added
“(A) advise the Chief Executive Officer and the Deputy Chief Executive Officer on national security and foreign policy matters and report directly to the Chief Executive Officer;
added
“(B) in addition to the Chief Executive Officer and the Deputy Chief Executive Officer, represent the Corporation in interagency meetings and processes relating to United States national security and foreign policy;
added
“(C) coordinate efforts to develop the Corporation’s strategic investment initiatives—
added
“(i) to counter predatory state-directed investment and coercive economic practices of adversaries of the United States;
added
“(ii) to preserve the sovereignty of partner countries; and
added
“(iii) to advance economic growth and national security through the highest standards of transparency, accessibility, and competition;
added
“(D) provide input into the establishment of performance measurement frameworks and reporting on development outcomes of strategic investments, consistent with sections 1442 and 1443;
added
“(E) work with other relevant Federal departments and agencies to identify projects that advance United States national security and foreign policy priorities, including by complementing United States domestic investments in critical and emerging technologies;
added
“(F) manage employees of the Corporation that are dedicated to ensuring that the Corporation’s activities advance United States national security and foreign policy interests, including through—
added
“(i) long-term strategic planning;
added
“(ii) issue and crisis management;
added
“(iii) the advancement of strategic initiatives; and
added
“(iv) strategic planning on how the Corporation’s foreign investments may complement United States domestic production of critical and emerging technologies;
added
“(G) foster and maintain relationships both within and external to the Corporation that enhance the capacity of the Corporation to achieve its mission to advance United States national security and foreign policy interests; and
added
“(H) collaborate with the Chief Development Officer to ensure United States national security interests are considered together with the Corporation’s development policy goals.”
Sec. 1279
Officers and employees
added
added
Section 1413(i) of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9613(i)), as so redesignated, is amended—
(1)
added
by striking paragraph (1) and inserting the following:
added
“(1) In general—Except as otherwise provided in this section, officers, employees, and agents shall be selected and appointed by, or under the authority of, the Chief Executive Officer, and shall be vested with such powers and duties as the Chief Executive Officer may determine.”
(2)
added
in paragraph (2)—
(A)
added
in subparagraph (A)—
(i)
added
by striking “50” and inserting “70”; and
(ii)
added
by inserting “, and such positions shall be reserved for individuals meeting the expert qualifications established by the Corporation’s qualification review board” after “United States Code”; and
(B)
added
in subparagraph (D), by inserting “, provided that no such officer or employee may be compensated at a rate exceeding level II of the Executive Schedule” after “respectively”; and
(3)
added
in paragraph (3)(C) by striking “subsection (i)” and inserting “subsection (j)”.
Sec. 1280
Development Advisory Finance Council
added
added
Section 1413(j) of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9613(j)), as so redesignated, is amended—
(1)
added
by striking paragraphs (1) and (2) and inserting the following:
added
“(1) In general—There is established a Development Advisory Finance Council (in this subsection referred to as the “Council”) that shall advise the Board and the Congressional Strategic Advisory Group established by subsection (k) on the development priorities and objectives of the Corporation.
added
“(2) Membership—Members of the Council shall be appointed by the Board, on the recommendation of the Chief Executive Officer, and shall be composed of not more than 9 members broadly representative of nongovernmental organizations, think tanks, advocacy organizations, foundations, private industry, and other institutions engaged in international development finance, of whom not fewer than 5 members shall be experts from the international development and humanitarian assistance sector.”
(2)
added
by redesignating paragraph (4) as paragraph (6); and
(3)
added
by inserting after paragraph (3) the following:
added
“(4) Board meetings—The Board shall meet with the Council at least twice each year and engage directly with the Board on its recommendations to improve the policies and practices of the Corporation to achieve the development priorities and objectives of the Corporation.
added
“(5) Administration—The Board shall—
added
“(A) prioritize maintaining the full membership and composition of the Council;
added
“(B) inform the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives when a vacancy of the Council occurs, including the date that the vacancy occurred; and
added
“(C) for any vacancy on the Council that remains for 120 days or more, submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives explaining why a vacancy is not being filled and provide an update on progress made toward filling such vacancy, including a reasonable estimation for when the Board expects to have the vacancy filled.”
Sec. 1281
Strategic Advisory Group
added
added
Section 1413 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9613) is amended by adding at the end the following new subsection:
added
“(k) Congressional Strategic Advisory Group
added
“(1) Establishment—Not later than 90 days after the enactment of the DFC Modernization and Reauthorization Act of 2025, there shall be established a Congressional Strategic Advisory Group (referred to in this subsection as the “Group”), which shall meet not less frequently than annually, including after the budget of the President submitted under section 1105 of title 31, United States Code, for a fiscal year.
added
“(2) Composition—The Group shall be composed of the following:
added
“(A) The Chief Executive Officer.
added
“(B) The Chief Development Officer.
added
“(C) The Chief Strategic Investment Officer.
added
“(D) The Strategic Advisors of the Senate, as described in paragraph (3)(A).
added
“(E) The Strategic Advisors of the House of Representatives, as described in paragraph (3)(B).
added
“(3) Strategic advisors of the Senate and the House of Representatives
added
“(A) Strategic Advisors of the Senate
added
“(i) Establishment—There is established a group to be known as the “Strategic Advisors of the Senate”.
added
“(ii) Composition—The group established by clause (i) shall be composed of the following:
added
“(I) The chair of the Committee on Foreign Relations of the Senate, who shall serve as chair of the Strategic Advisors of the Senate.
added
“(II) The ranking member of the Committee on Foreign Relations of the Senate, who shall serve as vice-chair of the Strategic Advisors of the Senate.
added
“(III) Not more than 6 additional individuals who are members of the Committee on Foreign Relations of the Senate, designated by the chair, with the consent of the ranking member.
added
“(B) Strategic Advisors of the House of Representatives
added
“(i) Establishment—There is established a group to be known as the “Strategic Advisors of the House of Representatives”.
added
“(ii) Composition—The group established by clause (i) shall be composed of the following:
added
“(I) The chair of the Committee on Foreign Affairs of the House of Representatives, who shall serve as chair of the Strategic Advisors of the House.
added
“(II) The ranking member of the Committee on Foreign Affairs of the House of Representatives, who shall serve as vice-chair of the Strategic Advisors of the House.
added
“(III) Not more than 6 additional individuals who are members of the Committee on Foreign Affairs of the House of Representatives, designated by the chair, with the consent of the ranking member.
added
“(4) Objectives—The Chief Executive Officer, the Chief Development Officer, and the Chief Strategic Investment Officer of the Corporation shall consult with the Strategic Advisors of the Senate and the Strategic Advisors of the House of Representatives established under paragraph (3) in order to solicit and receive congressional views and advice on the strategic priorities and investments of the Corporation, including—
added
“(A) the challenges presented by adversary countries to the national security interests of the United States and strategic objectives of the Corporation’s investments;
added
“(B) priority regions, countries, and sectors that require focused consideration for strategic investment;
added
“(C) the priorities and trends pursued by similarly-situated development finance institutions of friendly nations, including opportunities for partnerships, complementarity, or co-investment;
added
“(D) evolving methods of financing projects, including efforts to partner with public sector and private sector institutional investors;
added
“(E) institutional or policy changes required to improve efficiencies within the Corporation; and
added
“(F) potential legislative changes required to improve the Corporation’s performance in meeting strategic and development imperatives.
added
“(5) Meetings
added
“(A) Times—The chair and the vice-chair of the Strategic Advisors of the Senate and the chair and the vice-chair of the Strategic Advisors of the House of Representatives shall determine the meeting times of the Group, which may be arranged separately or on a bicameral basis by agreement.
added
“(B) Agenda—Not later than 7 days before each meeting of the Group, the Chief Executive Officer shall submit a proposed agenda for discussion to the chair and the vice-chair of each strategic advisory group referred to in subparagraph (A).
added
“(C) Questions—To ensure a robust flow of information, members of the Group may submit questions for consideration before any meeting. A question submitted orally or in writing shall receive a response not later than 15 days after the conclusion of the first meeting convened wherein such question was asked or submitted in writing.
added
“(D) Classified setting—At the request of the Chief Executive Officer or the chair and vice-chair of a strategic advisory group established under paragraph (3), business of the Group may be conducted in a classified setting, including for the purpose of protecting business confidential information and to discuss sensitive information with respect to foreign competitors.”
Sec. 1282
Five-year Strategic Priorities Plan
added
(a)
added
In general— Section 1413 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9613) is amended by adding at the end the following new subsection:
added
“(l) Biennial Strategic Priorities Plan
added
“(1) Plan required—Based upon guidance received from the Group established pursuant to section 1413(k), the Chief Executive Officer shall develop a Strategic Priorities Plan, which shall provide—
added
“(A) guidance for the Corporation’s strategic investments portfolio and the identification and engagement of priority strategic investment sectors and regions of importance to the United States; and
added
“(B) justifications for the certifications of such investments in accordance with section 1412(c).
added
“(2) Evaluations—The Strategic Priorities Plan should determine the objectives and goals of the Corporation’s strategic investment portfolio by evaluating economic, security, and geopolitical dynamics affecting United States strategic interests, including—
added
“(A) determining priority countries, regions, sectors, and related administrative actions;
added
“(B) plans for the establishment of regional offices outside of the United States;
added
“(C) identifying countries where the Corporation’s support—
added
“(i) is necessary;
added
“(ii) would be the preferred alternative to state-directed investments by foreign countries of concern; or
added
“(iii) otherwise furthers the strategic interests of the United States to counter or limit the influence of foreign countries of concern;
added
“(D) evaluating the interest and willingness of potential private finance institutions and private sector project implementers to partner with the Corporation on strategic investment projects; and
added
“(E) identifying bilateral and multilateral project finance partnership opportunities for the Corporation to pursue with United States partner and ally countries.
added
“(3) Revisions—At any time during the relevant period, the Chief Executive Officer may request to convene a meeting of the Congressional Strategic Advisory Group for the purpose of discussing revisions to the Strategic Priorities Plan.
added
“(4) Transparency—The Chief Executive Officer shall publish, on a website of the Corporation—
added
“(A) descriptions of entities that may be eligible to apply for support from the Corporation;
added
“(B) procedures for applying for products offered by the Corporation; and
added
“(C) any other appropriate guidelines and compliance restrictions with respect to designated strategic priorities.”
(b)
added
Sense of Congress— It is the sense of the Congress that the Corporation, during the 2-year period beginning on October 1, 2025, should consider—
(1)
added
advancing secure supply chains to meet the critical minerals needs of the United States and its allies and partners;
(2)
added
making investments to promote and secure the telecommunications sector, particularly undersea cables; and
(3)
added
establishing, maintaining, and supporting regional offices outside the United States for the purpose of identifying and supporting priority investment opportunities.
Sec. 1283
Development finance education
added
added
Section 1413 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9613) is amended by adding at the end the following new subsection:
added
“(m) Report on the feasibility of establishing a development finance education program at the foreign service institute
added
“(1) In general—Not later than 1 year after the date of the enactment of the DFC Modernization and Reauthorization Act of 2025, the Secretary of State, acting through the Director of the Foreign Service Institute and in collaboration with the Chief Executive Officer of the Corporation, shall conduct a review and submit to the appropriate congressional committees a report on the utility of establishing elective training classes or programs on development finance within the School of Professional and Area Studies for all levels of the foreign service.
added
“(2) Elements—The report required by paragraph (1) shall include a description of how a proposed class would be structured to ensure an appropriate level of training in development finance, including descriptions of—
added
“(A) the potential benefits and challenges of development finance as a component of United States foreign policy in promoting development outcomes and in promoting United States interests in advocating for the advancement of free-market principles;
added
“(B) the operations of the Corporation, generally, and a comparative analysis of similarly situated development finance institutions, both bilateral and multilateral;
added
“(C) how development finance can further the foreign policies of the United States, generally;
added
“(D) the anticipated foreign service consumers of any proposed classes on development finance;
added
“(E) the resources that may be required to establish such training classes, including through the use of detailed staff from the Corporation or temporary fellows brought in from the development finance community; and
added
“(F) other relevant issues, as determined by the Secretary of State and the Chief Executive Officer of the Corporation determines appropriate.”
Sec. 1284
Internships
added
added
Section 1413 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9613) is amended by adding at the end the following new subsection:
added
“(n) Internships
added
“(1) In general—The Chief Executive Officer shall establish the Development Finance Corporation Student Internship Program (referred to in this subsection as the “Program”) to offer internship opportunities at the Corporation to eligible individuals to provide important professional development and work experience opportunities and raise awareness among future development and international finance professionals of the career opportunities at the Corporation and to supply important human capital for the implementation of the Corporation’s critically important development finance tools.
added
“(2) Eligibility—An individual is eligible to participate in the Program if the applicant—
added
“(A) is a United States citizen;
added
“(B) is enrolled at least half-time at—
added
“(i) an institution of higher education (as such term is defined in section 102(a) of the Higher Education Act of 1965 (20 U.S.C. 1002(a))); or
added
“(ii) an institution of higher education based outside the United States, as determined by the Secretary of State; and
added
“(C) satisfies such other qualifications as established by the Chief Executive Officer.
added
“(3) Selection—The Chief Executive Officer shall establish selection criteria for individuals to be admitted into the Program that includes a demonstrated interest in a career in international relations and international economic development policy.
added
“(4) Compensation
added
“(A) Housing assistance—The Chief Executive Officer may provide housing assistance to an eligible individual participating in the Program whose permanent address is within the United States if the location of the internship in which such individual is participating is more than 50 miles away from such individual’s permanent address.
added
“(B) Travel assistance—The Chief Executive Officer shall provide to an eligible individual participating in the Program, whose permanent address is within the United States, financial assistance that is sufficient to cover the travel costs of a single round trip by air, train, bus, or other appropriate transportation between the eligible individual’s permanent address and the location of the internship in which such eligible individual is participating if such location is—
added
“(i) more than 50 miles from the eligible individual’s permanent address; or
added
“(ii) outside of the United States.
added
“(5) Voluntary participation
added
“(A) In general—Nothing in this section may be construed to compel any individual who is a participant in an internship program of the Corporation to participate in the collection of the data or divulge any personal information. Such individuals shall be informed that any participation in data collection under this subsection is voluntary.
added
“(B) Privacy protection—Any data collected under this subsection shall be subject to the relevant privacy protection statutes and regulations applicable to Federal employees.
added
“(6) Special hiring authority—Notwithstanding any other provision of law, the Chief Executive Officer, in consultation with the Director of the Office of Personnel Management, with respect to the number of interns to be hired under this subsection each year, may—
added
“(A) select, appoint, and employ individuals for up to 1 year through compensated internships in the excepted service; and
added
“(B) remove any compensated intern employed pursuant to subparagraph (A) without regard to the provisions of law governing appointments in the competitive excepted service.
added
“(7) Availability of appropriations—Internships offered and compensated by the Corporation under this subsection shall be funded solely by available amounts appropriated after the date of the enactment of the DFC Modernization and Reauthorization Act of 2025 to the Corporate Capital Account established under section 1434.”
Sec. 1285
Independent accountability mechanism
added
added
Section 1415 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9614) is amended by adding at the end the following new subsection:
added
“(c) Consolidation of functions—Not later than 90 days after enactment of the DFC Modernization and Reauthorization Act of 2025, the Board shall submit a report to the appropriate congressional committees describing any efficiencies that may be gained through the consolidation of functions of the independent accountability mechanism under the authorities of the Office of the Inspector General of the Corporation under section 1414. The report shall include an outline as to how the Inspector General of the Corporation would develop an internal environmental, social, and governance expertise to adequately replace the independent accountability mechanism’s environmental, social, and governanceexpertise.”
Sec. 1286
Equity investment
added
(a)
added
Corporate Equity Investment Fund— Section 1421(c) of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9621(c)), is amended by adding at the end the following new paragraph:
added
“(7) Corporate Equity Investment Account
added
“(A) Establishment—There is established in the Treasury of the United States a fund to be known as the “Development Finance Corporate Equity Investment Account” (referred to in this division as the “Equity Investment Account”), which shall be administered by the Corporation as a revolving account to carry out the purposes of this section.
added
“(B) Purpose—The Corporation shall—
added
“(i) manage the Equity Investment Account in ways that demonstrate a commitment to pursuing catalytic investments in less developed countries in accordance with section 1412(c)(1) and paragraph (1); and
added
“(ii) collect data and information about the use of the Equity Investment Account to inform the Corporation’s record of returns on investments and reevaluation of equity investment subsidy rates prior to the termination of the authorities provided under this title.
added
“(C) Authorization of appropriations—There is authorized to be appropriated to the Equity Investment Account $3,000,000,000 for fiscal years 2026 through 2030.
added
“(D) Offsetting collections and funds—Earnings and proceeds from the sale or redemption of, and fees, credits, and other collections from, the equity investments of the Corporation under the Equity Investment Account shall be retained and deposited into the Fund and shall remain available to carry out this subsection without fiscal year limitation without further appropriation.
added
“(E) Impact Quotient—The Corporation shall ensure that at least 25 percent of its obligations from funds authorized to be appropriated under subparagraph (C) or otherwise made available for the Fund for Corporation projects are rated as highly impactful on the Impact Quotient assessment developed pursuant to section 1442(b)(1).”
(b)
added
Guidelines and criteria— Section 1421(c)(3) of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9621(c)(3)), is amended in subparagraph (C) by inserting “, localized workforces, and partner country economic security” after “markets”.
(c)
added
Limitations on equity investments— Section 1421(c)(4)(A) of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9621(c)(4)(A)), by striking “30” and inserting “40”.
Sec. 1287
Special projects
added
added
Section 1421 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9621) is amended by striking subsection (f) and inserting the following:
added
“(f) Special projects and programs—The Corporation may administer and manage special projects and programs in support of specific transactions undertaken by the Corporation —
added
“(1) for the provision of post-investment technical assistance for existing projects of the Corporation, including programs of financial and advisory support that provides private technical, professional, or managerial assistance in the development of Human Resources, skills, technology, or capital savings; or
added
“(2) subject to the nondelegable review and approval of the Board, to create holding companies or investment funds where the Corporation is the general partner, to provide international support that advance both the development objectives and foreign policy interests outlined in the purposes of this division if, not later than 30 days prior to entering into an agreement or other arrangement to provide support pursuant to this section, the Chief Executive Officer—
added
“(A) notifies the appropriate congressional committees; and
added
“(B) includes in the notification required by subparagraph (A) a certification that such support—
added
“(i) is designed to meet an exigent need that is critical to the national security interests of the United States; and
added
“(ii) could not otherwise be secured utilizing the authorities under this section.”
Sec. 1288
Terms and conditions
added
added
Section 1422 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9622) is amended—
(1)
added
in subsection (b), by striking paragraph (3) and inserting the following:
added
“(3) The Corporation shall, with respect to providing any loan guaranty to a project, require the parties to the project to bear a risk of loss on the project in an amount equal to at least 20 percent of the amount of such guaranty. The Corporation shall continue to work with the President to streamline the process for securing waivers that would enable the Corporation to may guarantee up to 100 percent of the amount of a loan, provided that risk of loss in the project borne by the parties to the project is equal to at least 20 percent of the guaranty amount.”
(2)
added
by adding at the end the following new subsection:
added
“(c) Best practices To prevent usurious or abusive lending by intermediaries
added
“(1) The Corporation shall ensure that terms, conditions, penalties, rules for collections practices, and other finance administration policies that govern Corporation-backed lending, guarantees and other financial instruments through intermediaries are consistent with industry best practices and the Corporation’s rules with respect to direct lending to its clients.
added
“(2) The Corporation shall develop required truth in lending rules, guidelines, and related implementing policies and practices to govern secondary lending through intermediaries and shall report such policies and practices to the appropriate committees not later than 180 days of enactment of the DFC Modernization and Reauthorization Act of 2025, with annual updates, as needed, thereafter.
added
“(3) In developing such policies and practices required by paragraph (2), the Corporation shall—
added
“(A) take into account any particular vulnerabilities faced by potential applicants or recipients of micro-lending and other forms of micro-finance;
added
“(B) develop and apply, generally, rules and terms to ensure Corporation-backed lending through an intermediary does not carry excessively punitive or disproportionate penalties for customers in default;
added
“(C) ensure that such policies and practices include effective safeguards to prevent usurious or abusive lending by intermediaries, including in the provision of microfinance; and
added
“(D) ensure the intermediary includes in any lending contract an appropriate level of financial literacy to the borrower, including—
added
“(i) disclosures that fully explain to the customer both lender and customer rights and obligations under the contract in language that is accessible to the customer;
added
“(ii) the specific loan terms and tenure of the contract;
added
“(iii) any procedures and potential penalties or forfeitures in case of default;
added
“(iv) information on privacy and personal data protection; and
added
“(v) any other policies that the Corporation determines will further the goal of an informed borrower.
added
“(4) The Corporation shall establish appropriate auditing mechanisms to oversee and monitor secondary lending, provided through intermediaries in partner countries in each annual report to Congress required under paragraph (2), a summary of the results of such audits.”
Sec. 1289
Termination
added
added
Section 1424(a) of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9624) is amended by striking “the date of the enactment of this Act” and inserting “December 31, 2031”.
Sec. 1290
Operations
added
added
Section 1431 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9631) is amended by adding at the end the following new subsection:
added
“(e) Sense of Congress—It is the sense of Congress that—
added
“(1) the Corporation is obligated to consult with and collect input from current employees, on plans to substantially reorganize the Corporation prior to implementation of such plan; and
added
“(2) the Corporation should consider preference, experience and, when relevant, seniority, when reassigning existing employees to new areas of work.”
Sec. 1291
Corporate powers
added
added
Section 1432(a)(10) of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9632(a)(10)) is amended by striking “until the expiration of the current lease under predecessor authority, as of the day before the date of the enactment of this Act”.
Sec. 1292
Maximum contingent liability
added
added
Section 1433 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9633) is amended to read as follows:
added
“1433. Maximum contingent liability
added
“(a) In general—The maximum contingent liability of the Corporation outstanding at any one time shall not exceed in the aggregate $200,000,000,000.
added
“(b) Rule of construction—The maximum contingent liability shall apply to all extension of liability by the Corporation regardless of the authority cited thereto.”
Sec. 1293
Performance measures, evaluation, and learning
added
added
Section 1442 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9652) is amended—
(1)
added
in subsection (b)—
(A)
added
in paragraph (1), by striking the semicolon at the end and inserting the following:
added
“(A) serve as a metrics-based measurement system to assess a project’s expected outcomes and development impact on a country, a region, and populations throughout the sourcing, origination, management, monitoring, and evaluation stages of a project’s lifecycle;
added
“(B) enable the Corporation to assess development impact at both the project and portfolio level;
added
“(C) provide guidance on when to take appropriate corrective measures to further development goals throughout a project’s lifecycle; and
added
“(D) inform congressional notification requirements outlining the Corporation’s project development impacts;”
(B)
added
in paragraph (3), by striking “; and” and inserting a semicolon;
(C)
added
in paragraph (4), in the matter preceding subparagraph (A), by striking “method for ensuring, appropriate development performance” and inserting “method for evaluating and documenting the development impacts”; and
(D)
added
by adding at the end the following:
added
“(5) develop standards for, and a method for ensuring, appropriate monitoring of the Corporation’s compliance with environmental and social standards consistent with the guidance published by the Corporation following broad consultation with appropriate stakeholders to include civil society; and
added
“(6) develop standards for, and a method for ensuring, appropriate monitoring of the Corporation’s portfolio, including standards for ensuring employees or agents of the Corporation identify and conduct in-person site visits of each high-risk loan, loan guarantee, and equity project, as necessary and appropriate, after the initial disbursement of funds.”
(2)
added
by redesignating subsections (c) and (d) as subsections (d) and (e), respectively;
(3)
added
by inserting the following after subsection (b):
added
“(c) Required performance measures update for Congressional Strategic Advisory Group—At any meeting of the Congressional Strategic Advisory Group, the Corporation shall be prepared discuss the standards developed in subsection (b) for all ongoing projects.”
(4)
added
by inserting at the end the following:
added
“(f) Staffing for portfolio oversight and reporting
added
“(1) Requirement to maintain capacity—The Corporation shall maintain an adequate number of full-time personnel with appropriate expertise to fulfill its obligations under this section and section 1443, including—
added
“(A) monitoring and evaluating the financial performance of the Corporation’s portfolio;
added
“(B) evaluating the development and strategic impact of investments throughout the program lifecycle;
added
“(C) preparing required annual reporting on the Corporation’s portfolio of investments, including the information set forth in section 1443(a)(6); and
added
“(D) monitoring for compliance with all applicable laws and ethics requirements.
added
“(2) Qualifications—Personnel assigned to carry out the obligations described in paragraph (1) shall possess demonstrable professional experience in relevant areas, such as development finance, financial analysis, investment portfolio management, monitoring and evaluation, impact measurement, or legal and ethics expertise.
added
“(3) Organizational structure—The Corporation shall maintain such personnel within 1 or more dedicated units or offices, which shall—
added
“(A) be functionally independent from investment origination teams;
added
“(B) be managed by senior staff who report to the Chief Executive Officer or Deputy Chief Executive Officer; and
added
“(C) be allocated resources sufficient to fulfill the Corporation’s obligations under this section and to support transparency and accountability to Congress and to the public.
added
“(4) Insulation from reductions—The Corporation may not reduce the staffing, funding, or organizational independence of the units or personnel responsible for fulfilling the obligations under this section unless—
added
“(A) the Chief Executive Officer certifies in writing to the appropriate congressional committees that such reductions are necessary due to operational exigency, statutory change, or budgetary shortfall; and
added
“(B) the Corporation includes in its annual report a detailed explanation of the impact of any such changes on its capacity to analyze and report on portfolio performance.”
Sec. 1294
Annual report
added
added
Section 1443 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9653) is amended—
(1)
added
in subsection (a)—
(A)
added
in paragraph (3), by striking “; and” and inserting a semicolon;
(B)
added
in paragraph (4), by striking the period at the end and inserting a semicolon; and
(C)
added
by inserting at the end the following:
added
“(5) the United States strategic, foreign policy, and development objectives advanced through projects supported by the Corporation; and
added
“(6) the health of the Corporation’s portfolio, including an annual overview of funds committed, funds disbursed, default and recovery rates, capital mobilized, equity investments’ year on year returns, and any difference between how investments were modeled at commitment and how they ultimately performed; to include a narrative explanation explaining any changes.”
(2)
added
in subsection (b)—
(A)
added
in paragraph (1), by striking subparagraphs (A) and (B) and inserting the following:
added
“(A) the desired development impact and strategic outcomes for projects, and whether or not the Corporation is meeting the associated metrics, goals, and development objectives, including, to the extent practicable, in the years after conclusion of projects;
added
“(B) whether the Corporation’s support for projects that focus on achieving strategic outcomes are achieving such strategic objectives of such investments over the duration of the support and lasting after the Corporation’s support is completed;
added
“(C) the value of private sector assets brought to bear relative to the amount of support provided by the Corporation and the value of any other public sector support;
added
“(D) the total private capital projected to be mobilized by projects supported by the Corporation during that year, including an analysis of the lenders and investors involved and investment instruments used;
added
“(E) the total private capital actually mobilized by projects supported by the Corporation that were fully funded by the end of that year, including—
added
“(i) an analysis of the lenders and investors involved and investment instruments used; and
added
“(ii) a comparison with the private capital projected to be mobilized for the projects described in this paragraph;
added
“(F) a breakdown of—
added
“(i) the amount and percentage of Corporation support provided to less developed countries, advancing income countries, and high-income countries in the previous fiscal year; and
added
“(ii) the amount and percentage of Corporation support provided to less developed countries, advancing income countries and high-income countries averaged over the last 5 fiscal years;
added
“(G) a breakdown of the aggregate amounts and percentage of the maximum contingent liability of the Corporation authorized to be outstanding pursuant to section 1433 in less developed countries, advancing income countries, and high-income countries;
added
“(H) the risk appetite of the Corporation to undertake projects in less developed countries and in sectors that are critical to development but less likely to deliver substantial financial returns; and
added
“(I) efforts by the Chief Executive Officer to incentivize calculated risk-taking by transaction teams, including through the conduct of development performance reviews and provision of development performance rewards;”
(B)
added
in paragraph (3)(B), by striking “; and” and inserting a semicolon;
(C)
added
by redesignating paragraph (4) as paragraph (5); and
(D)
added
by inserting after paragraph (3) the following:
added
“(4) to the extent practicable, recommendations for measures that could enhance the strategic goals of projects to adapt to changing circumstances; and”
Sec. 1295
Publicly available project information
added
added
Section 1444 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9654) is amended in paragraph (1) to read as follows:
added
“(1) maintain a user-friendly, publicly available, machine-readable database with detailed project-level information, as appropriate and to the extent practicable, including a description of the support provided by the Corporation under title II, which shall include, to the greatest extent feasible for each project—
added
“(A) the information included in the report to Congress under section 1443;
added
“(B) project-level performance metrics; and
added
“(C) a description of the development impact of the project, including anticipated impact prior to initiation of the project and assessed impact during and after the completion of the project; and”
Sec. 1296
Notifications to be provided by the Corporation
added
added
Section 1446 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9656) is amended—
(1)
added
in subsection (b)—
(A)
added
in paragraph (2), by striking “; and” and inserting a semicolon;
(B)
added
in paragraph (3)—
(i)
added
by inserting “the Corporation’s impact quotient outlining” after “asset and”; and
(ii)
added
by striking the period at the end and inserting “; and”; and
(C)
added
by adding at the end the following:
added
“(4)
added
“(A) information relating to whether the Corporation has accepted a creditor status that is subordinate to that of other creditors in the project, activity, or asset; and
added
“(B) for all projects, activities, or assets that the Corporation has accepted a creditor status that is subordinate to that of other creditors the Corporation shall include a description of the substantive policy rationale required by section 1422(b)(12) that influenced the decision to accept such a creditor status.”
(2)
added
by adding at the end the following new subsection:
added
“(d) Equity investments—For every equity investment above $10,000,000 that the Corporation enters into, the Corporation shall submit to Congress a notification that includes—
added
“(1) the information required by section (b); and
added
“(2) a plan for how the Corporation plans to use any Board seat the Corporation is entitled to as a result of such equity investment, including any individual the Corporation plans to appoint to the Board and how the Corporations plans to use such Board seat to further United States strategic goals.”
Sec. 1297
Limitations and preferences
added
added
Section 1451 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9671) is amended—
(1)
added
in subsection (a), by striking “5 percent” and inserting “2.5 percent”;
(2)
added
in subsection (e)(3) by inserting “, consistent with international financial institution standards,” after “best practices”; and
(3)
added
by adding at the end the following:
added
“(j) Policies with respect to state-owned enterprises, anticompetitive practices, and countries of concern
added
“(1) Policy—The Corporation shall develop appropriate policies and guidelines for support provided under title II for a project involving a state-owned enterprise, sovereign wealth fund, or a parastatal entity to ensure such support is provided consistent with appropriate principles and practices of competitive neutrality.
added
“(2) Prohibitions
added
“(A) Anticompetitive practices—The Corporation may not provide support under title II for a project that involves a private sector entity engaged in anticompetitive practices.
added
“(B) Countries of concern—The Corporation may not provide support under title II for projects—
added
“(i) that involve partnerships with the government of a country of concern or a state-owned enterprise that belongs to or is under the control of a country of concern; or
added
“(ii) that would be operated, managed, or controlled by the government of a county of concern or a state-owned enterprise that belongs to or is under the control of a country of concern.
added
“(C) Exception—The President may waive the restriction under subparagraph (B)(i) on a project-by-project basis if the President submits to the appropriate congressional committees—
added
“(i) a certification, which may be included as a classified or confidential annex to a report required by section 1446, that such support is important to the national security interests of the United States; and
added
“(ii) a written justification of how such support directly counters or significantly limits the influence of an entity described in such subparagraph.
added
“(3) Definitions—In this subsection:
added
“(A) State-owned enterprise—The term state-owned enterprise means any enterprise established for a commercial or business purpose that is directly owned or controlled by one or more governments, including any agency, instrumentality, subdivision, or other unit of government at any level of jurisdiction.
added
“(B) Control—The term control, with respect to an enterprise, means the power by any means to control the enterprise regardless of—
added
“(i) the level of ownership; and
added
“(ii) whether or not the power is exercised.
added
“(C) Owned—The term owned, with respect to an enterprise, means a majority or controlling interest, whether by value or voting interest, of the shares of that enterprise, including through fiduciaries, agents, or other means.”
Sec. 1298
Repeal of European Energy Security and Diversification Act of 2019
added
added
The European Energy Security and Diversification Act of 2019 (title XX of division P of Public Law 116–94; 22 U.S.C. 9501 note) is repealed.
Sec. 1271
Short title
added
added
This subtitle may be cited as the “Defending International Security by Restricting Unacceptable Partnerships and Tactics Act” or “DISRUPT Act”.
added
Congress makes the following findings:
(1)
added
The People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, and the Democratic People’s Republic of Korea are each considered—
(A)
added
a foreign adversary (as defined in section 825(d) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 137 Stat. 322; 46 U.S.C. 50309 note));
(B)
added
a country of risk (as defined in section 6432(a) of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 138 Stat. 2488; 42 U.S.C. 7144b note)) for purposes of assessing counterintelligence risks posed by certain visitors to National Laboratories;
(C)
added
a foreign country of concern (as defined in section 10612(a) of the Research and Development, Competition, and Innovation Act (Public Law 117–167; 136 Stat. 1635; 42 U.S.C. 19221 note));
(D)
added
a covered foreign country (as defined in section 164 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118159; 138 Stat. 1818; 10 U.S.C. 4651 note prec.)) for purposes of a prohibition on operation, procurement, and contracting relating to foreign-made light detection and ranging technology; and
(E)
added
a covered foreign country (as defined in section 1622 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 11781; 135 Stat. 2086; 10 U.S.C. 421 note prec.)) for purposes of a strategy and plan to implement certain defense intelligence reforms.
(2)
added
According to the 2025 Intelligence Community Annual Threat Assessment, the United States faces an increasingly contested and dangerous global landscape as the four adversaries named in paragraph (1) deepen cooperation in a manner that—
(A)
added
reinforces threats posed by each such adversary individually; and
(B)
added
poses new challenges to the strength and power of the United States globally.
(3)
added
Much of the cooperation referred to in paragraph (2) is occurring bilaterally, as the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, and the Democratic People’s Republic of Korea strengthen diplomatic, economic, and military ties in accordance with bilateral agreements, which include—
(A)
added
the Treaty on Friendship, Cooperation and Mutual Assistance between China and the Democratic People’s Republic of Korea, signed at Beijing July 11, 1961;
(B)
added
the Joint Statement on Comprehensive Strategic Partnership between the Islamic Republic of Iran and the People's Republic of China, issued on March 27, 2021;
(C)
added
the Joint Statement of the Russian Federation and the People's Republic of China on International Relations Entering a New Era and Global Sustainable Development, issued on February 4, 2022;
(D)
added
the Treaty on Comprehensive Strategic Partnership between the Russian Federation and the Democratic People’s Republic of Korea, signed at Pyongyang June 18, 2024;
(E)
added
the Iranian-Russian Treaty on Comprehensive Strategic Partnership, signed at Moscow January 17, 2025; and
(F)
added
traditional relations of friendship and cooperation between the Islamic Republic of Iran and the Democratic People’s Republic of Korea.
(4)
added
The most concerning forms of such cooperation with respect to the interests of the United States occur bilaterally in the realm of defense cooperation. Examples include the following:
(A)
added
Transfer and sharing of weapons and munitions— Since 2022, the Islamic Republic of Iran has supplied the Russian Federation with drones and ballistic missiles, and the Democratic People’s Republic of Korea has provided artillery ammunition and ballistic missiles. Likewise, the Russian Federation has agreed to provide the Islamic Republic of Iran with Su–35 fighter jets and air defense assistance.
(B)
added
Transfer and sharing of dual-use technologies and capabilities— Dual-use goods supplied by the People’s Republic of China have enabled the Russian Federation to continue defense production in the face of wide-ranging sanctions and export controls intended to prevent the Russian Federation from accessing the necessary components to fuel its defense industry. In turn, reporting indicates that the Russian Federation has provided technical expertise on satellite technology to the Democratic People’s Republic of Korea and is working closely with the People’s Republic of China on air defense and submarine technology.
(C)
added
Joint military activities and exercises— The military forces of the Democratic People’s Republic of Korea are actively participating in the Russian Federation's invasion of Ukraine, and joint military exercises between the People’s Republic of China and the Russian Federation are expanding in scope, scale, and geographic reach, including in close proximity to territory of the United States.
(D)
added
Coordination— Coordination on disinformation and cyber operations, including coordinated messaging aimed at denigrating and isolating the United States internationally.
(5)
added
Adversaries of the United States are also cooperating in a manner that may circumvent United States and multilateral economic tools. Examples include the following:
(A)
added
The continued purchase by the People’s Republic of China of oil from the Islamic Republic of Iran despite sanctions imposed by the Treasury of the United States on oil from the Islamic Republic of Iran.
(B)
added
The veto by the Russian Federation of, and abstention by the People’s Republic of China in a vote on, a United Nations Security Council resolution relating to monitoring United Nations Security Council-levied sanctions on the Democratic People’s Republic of Korea.
(6)
added
Adversaries of the United States are cooperating multilaterally in international institutions such as the United Nations and through expanded multilateral groupings, such as the Brazil-Russia-India-China-South Africa group (commonly known as “BRICS”), to isolate and erode the influence of the United States.
(7)
added
Such increased cooperation and alignment among the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, and the Democratic People’s Republic of Korea, to an unprecedented extent, poses a significant threat to United States interests and national security.
(8)
added
Such increasing alignment—
(A)
added
allows each such adversary to modernize its military more quickly than previously anticipated;
(B)
added
enables unforeseen breakthroughs in capabilities through the sharing among such adversaries of critical military technologies, which could erode the technological edge of the United States Armed Forces;
(C)
added
presents increasing challenges to strategies of isolation or containment against such individual adversaries, since the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, and the Democratic People’s Republic of Korea now provide critical lifelines to each other;
(D)
added
threatens the effectiveness of United States economic tools, as such adversaries cooperate to evade United States sanctions and export controls and seek to establish alternative payment mechanisms that do not require transactions in United States dollars; and
(E)
added
increases the chances of United States conflict or tensions with any one of such adversaries drawing in another, thereby posing a greater risk that the United States will have to contend with simultaneous threats from such adversaries in one or more theaters.
Sec. 1273
Statement of policy
added
added
It is the policy of the United States—
(1)
added
to disrupt or frustrate the most dangerous aspects of cooperation between and among the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, and the Democratic People’s Republic of Korea, including by using the threat of sanctions and export controls, bringing such cooperation to light, and sharing information with United States allies and partners who may—
(A)
added
share the concerns and objectives of the United States; and
(B)
added
have influence over such adversaries;
(2)
added
to constrain such grouping from expanding its footprint or capabilities across the world; and
(3)
added
to prepare for the increasing likelihood that the United States could face simultaneous challenges or conflict with multiple such adversaries in multiple theaters, including by bolstering deterrence across all priority theaters.
Sec. 1274
Task forces and reports
added
(a)
added
Task forces on adversary alignment—
(1)
added
In general— Not later than 60 days after the date of the enactment of this Act, the Secretary of State, the Secretary of Defense, the Secretary of the Treasury, and the Secretary of Commerce shall each—
(A)
added
establish a task force on adversary alignment; and
(B)
added
designate a point of contact on adversary alignment, who shall serve as the head of the task force for the applicable department, office, or agency.
(2)
added
Requirements— Each task force established pursuant to paragraph (1) shall—
(i)
added
subject matter experts covering each of—
(I)
added
the People's Republic of China;
(II)
added
the Russian Federation;
(III)
added
the Islamic Republic of Iran; and
(IV)
added
the Democratic People’s Republic of Korea;
(ii)
added
representatives covering all core functions of the department, office, or agency of the Secretary or Director establishing the task force; and
(iii)
added
a mix of analysts, operators, and senior management;
(B)
added
ensure that the task force members have the requisite security clearances and access to critical compartmented information streams necessary to assess and understand the full scope of adversary cooperation, including how events in one theater might trigger actions in another; and
(C)
added
not later than 180 days after the date of the enactment of this Act, submit to the Secretary or Director who established the task force, and to the appropriate committees of Congress, a report—
(i)
added
evaluating the impact of adversary alignment on the relevant operations carried out by the individual department, office, or agency of the task force; and
(ii)
added
putting forth recommendations for such organizational changes as the task force considers necessary to ensure the department, office, or agency of the task force is well positioned to routinely evaluate and respond to the rapidly evolving nature of adversary cooperation and the attendant risks.
(3)
added
Quarterly interagency meeting— Not less frequently than quarterly, the heads of the task forces established under this section shall meet to discuss findings, problems, and next steps with respect to adversary alignment.
(b)
added
Report on nature, trajectory, and risks of bilateral cooperation between, and multilateral cooperation among, adversaries of the United States—
(1)
added
In general— Not later than 60 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the head of any Federal agency the Director considers appropriate, shall submit to the President, any Federal officer of Cabinet-level rank the Director considers appropriate, and the appropriate committees of Congress, a report on bilateral and multilateral cooperation among adversaries of the United States and the resulting risks of such cooperation.
(2)
added
Elements— The report required by paragraph (1) shall include the following:
(A)
added
A description of the current nature and extent of bilateral or multilateral cooperation among the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, and the Democratic People’s Republic of Korea across the diplomatic, information, military, and economic spheres, and an assessment of the advantages that accrue to each adversary from such cooperation.
(B)
added
An assessment of the trajectory for cooperation among the adversaries described in subparagraph (A) during the 5-year period beginning on the date on which the report is submitted.
(C)
added
An outline of the risks to the United States and allied diplomatic, military, intelligence, and economic operations, and broader security interests around the world, including the following:
(i)
added
The risk of technology transfers dramatically increasing the military capabilities of adversaries of the United States and the impact on the relative balance of United States and allied capabilities as compared to that of the adversary.
(ii)
added
The risk posed to the United States by efforts made by adversaries to establish alternate payment systems, in particular with respect to the dominance of the United States dollar and the effectiveness of United States sanctions and export control tools.
(iii)
added
The risk that an adversary of the United States might assist or otherwise enable another adversary of the United States in the event that one or more adversaries become party to a conflict with the United States.
(iv)
added
The risk that adversary cooperation poses a growing threat to United States intelligence collection efforts.
(D)
added
An evaluation of the vulnerabilities and tension points within such adversary bilateral or multilateral relationships, and an assessment of the likely effect of efforts by the United States to separate adversaries.
(3)
added
Use of other reporting— The report required by paragraph (1) may be completed using reports submitted by the Director of National Intelligence to satisfy other statutory requirements.
(4)
added
Form— The report submitted required by paragraph (1) shall be submitted in classified form.
(c)
added
Report on strategic approach—
(1)
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Defense, in consultation with the Secretary of the Treasury, the Secretary of Commerce, and the Director of National Intelligence, shall submit to the appropriate committees of Congress a report outlining the strategic approach of the United States to adversary alignment and the necessary steps to disrupt, frustrate, constrain, and prepare for adversary cooperation during the two-year period beginning on the date of the enactment of this Act.
(2)
added
Elements— The report required by paragraph (1) shall include the following:
(A)
added
A detailed description of the methods and tools available to the United States to disrupt the most dangerous elements of adversary cooperation, including the growing connectivity between the defense industrial bases of each adversary.
(B)
added
A timeline for using diplomatic engagement, intelligence diplomacy, security cooperation, and foreign assistance, as appropriate—
(i)
added
to educate allies and partners about the increasing risk of adversary alignment;
(ii)
added
to secure the support of allies and partners in combating adversary alignment; and
(iii)
added
to assess and help address, as appropriate, the vulnerabilities and capability gaps of allies and partners to counter threats from adversary alignment.
(C)
added
A plan for ensuring the integrity of United States methods of economic statecraft, including an assessment of the efficiency of the United States sanctions and export control enforcement apparatus and any accompanying resourcing requirements.
(D)
added
A clear plan to bolster deterrence within the priority theaters of the Indo-Pacific region, Europe, and the Middle East by—
(i)
added
increasing United States and allied munitions stockpiles, particularly such stockpiles that are most critical for supporting frontline partners such as Israel, Taiwan, and Ukraine in the event of aggression by a United States adversary;
(ii)
added
facilitating collaborative efforts with allies for the co-production, co-maintenance, and co-sustainment of critical munitions and platforms required by the United States and allies and partners of the United States in the event of a future conflict with the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, or the Democratic People’s Republic of Korea; and
(iii)
added
more effectively using funding through the United States Foreign Military Financing program to support allied and partner domestic defense production that can contribute to deterrence in each such priority theater.
(E)
added
A plan for digitizing and updating war-planning tools of the Department of Defense not later than 1 year after the date on which the report is submitted to ensure that United States war planners are better equipped to update and modify war plans in the face of rapidly evolving information on adversary cooperation.
(F)
added
An assessment of the capability gaps and vulnerabilities the United States would face in deterring an adversary in the event that the United States is engaged in a conflict with another adversary, and a plan to work with allies and partners to address such gaps and vulnerabilities.
(3)
added
Form— The report required by paragraph (1) shall be submitted in classified form.
(d)
added
Appropriate committees of Congress defined— In this section, the term appropriate committees of Congress means—
(1)
added
the Committee on Armed Services, the Select Committee on Intelligence, the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Commerce, Science, and Transportation of the Senate; and
(2)
added
the Committee on Armed Services, the Permanent Select Committee on Intelligence, the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Financial Services, and the Committee on Energy and Commerce of the House of Representatives.
Sec. 1620D
Audit and updated guidance to reduce, mitigate, or eliminate risk from cloud computing contracts with foreign exposure
added
(a)
added
Review of foreign exposure from Department of Defense cloud computing contracts—
(1)
added
Audit required— The Inspector General of the Department of Defense shall conduct an audit of cloud computing contracts for the Department of Defense to assess the risk of exposure of sensitive information, including data, systems architecture details, procedures, or other controlled unclassified information, as a result of policies that may have allowed computer scientists or engineers from foreign countries of concern to access proposed software updates to underlying cloud computing infrastructure or operating systems.
(2)
added
Elements— The audit conducted pursuant to paragraph (1) shall cover the following:
(A)
added
Determination of how many cloud computing contracts the Department has that may be or have been supported by employees located in foreign countries of concern or are citizens of foreign countries of concern.
(B)
added
Identification of policies or clauses in such cloud computing contracts that allow for the use of so called “digital escorts”, computer scientists, or engineers from foreign countries of concern.
(C)
added
Assessment of agreements in place that use so called “digital escorts” to provide oversight to employees from foreign countries of concern, including identification of instances in which such authorities were used during the period beginning on January 1, 2022, and ending on the date of the enactment of this Act.
(D)
added
Assessment of the national security risks that stem from cloud computing contracts that use labor from foreign countries of concern.
(E)
added
Recommendations on ways to reduce, mitigate, or eliminate risk from initiatives such as so called “digital escorting”, or the use of computer scientists or engineers from foreign countries of concern.
(3)
added
Report to Congress— Not later than July 1, 2026, the Inspector General shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report setting forth the findings of the Inspector General with respect to the audit conducted pursuant to paragraph (1).
(b)
added
Guidance to reduce, mitigate, or eliminate risk—
(1)
added
Guidance— Based on the audit conducted under subsection (a), the Secretary shall issue new guidance to reduce, mitigate, or eliminate risk to Department data or cloud computing infrastructure from foreign countries of concern.
(2)
added
Requirements— The guidance issued pursuant to paragraph (1) shall—
(A)
added
restrict the use of personnel from foreign countries of concern to support Department information technology systems; and
(B)
added
require disclosure to the congressional defense committees if the Secretary finds a Department information technology system is maintained by personnel from a foreign country of concern.
(3)
added
Waiver— The Secretary may waive any guidance issued under paragraph (1) in any case in which the Secretary certifies in writing that such waiver—
(A)
added
does not pose a risk to national security; and
(B)
added
is necessary in the interest of national security.
(c)
added
Definition of foreign country of concern— ln this section, the term foreign country 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. 1701
Short title
added
added
This title may be cited as the “Foreign Investment Guardrails to Help Thwart China Act of 2025” or “FIGHT China Act of 2025”.
Sec. 1702
Secretary defined
added
added
Except as otherwise provided, in this title, the term Secretary means the Secretary of the Treasury.
Sec. 1703
Severability
added
added
If any provision of this title, or the application thereof, is held invalid, the validity of the remainder of this title and the application of such provision to other persons and circumstances shall not be affected thereby.
Sec. 1704
Authorization of appropriations
added
(a)
added
In general— There is authorized to be appropriated $150,000,000 to the Department of the Treasury, out of which amounts may be transferred to the Department of Commerce to jointly conduct outreach to industry and persons affected by this title, for each of the first two fiscal years beginning on or after the date of the enactment of this Act, to carry out this title.
(b)
added
Hiring authority—
(1)
added
By the President— The President may appoint, without regard to the provisions of sections 3309 through 3318 of title 5, United States Code, not more than 15 individuals directly to positions in the competitive service (as defined in section 2102 of that title) to carry out this title.
(2)
added
By agencies— The Secretary and the Secretary of Commerce may appoint, without regard to the provisions of sections 3309 through 3318 of title 5, United States Code, individuals directly to positions in the competitive service (as defined in section 2102 of that title) of the Department of the Treasury and the Department of Commerce, respectively, to carry out this title.
Sec. 1705
Termination
added
added
This title shall cease to have any force or effect on the date on which the Secretary of Commerce revises section 791.4 of title 15, Code of Federal Regulations, to remove the People’s Republic of China from the list of foreign adversaries contained in such section.
Sec. 1711
Imposition of sanctions
added
(a)
added
In general— The President may impose the sanctions described in subsection (b) with respect to any foreign person determined by the Secretary, in consultation with the Secretary of State, to be a covered foreign person.
(b)
added
Sanctions described— The President may 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 that is determined to be a covered foreign person pursuant to subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
(c)
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 any person who violates, attempts to violate, conspires to violate, or causes a violation of any prohibition of this section, or an order or regulation prescribed under this section, to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of such Act (50 U.S.C. 1705(a)).
(d)
added
Exception for intelligence and law enforcement activities— Sanctions under this section shall not apply with respect 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.
(e)
added
Exception for United States Government activities— Nothing in this section shall prohibit transactions for the conduct of the official business of the Federal Government by employees, grantees, or contractors thereof.
(f)
added
Report to Congress— Not later than 365 days after the date of the enactment of this Act, and annually thereafter for 7 years, the Secretary shall submit to the appropriate congressional committees a report that—
(1)
added
states whether each foreign person on the Non-SDN Chinese Military-Industrial Complex Companies List is a covered foreign person; and
(2)
added
shall be submitted in unclassified form, but may include a classified annex.
(g)
added
Consideration of certain information in imposing sanctions— In determining whether a foreign person is a covered foreign person, the President—
(1)
added
may consider credible information obtained by other countries, nongovernmental organizations, or the appropriate congressional committees that relates to the foreign person; and
(2)
added
may consider any other information that the Secretary deems relevant.
(h)
added
Administrative provisions— 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.
(i)
added
Delegation— The President shall delegate the authorities granted by this section to the Secretary.
Sec. 1712
Definitions
added
added
In this subtitle:
(1)
added
Appropriate congressional committees— The term appropriate congressional committees means—
(A)
added
the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives; and
(B)
added
the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate.
(2)
added
Country of concern— The term country of concern—
(A)
added
means the People’s Republic of China; and
(B)
added
includes the Hong Kong Special Administrative Region and the Macau Special Administrative Region.
(3)
added
Covered foreign person— The term covered foreign person means a foreign person—
(i)
added
that is incorporated in, has a principal place of business in, or is organized under the laws of a country of concern;
(ii)
added
the equity securities of which are primarily traded in the ordinary course of business on one or more exchanges in a country of concern;
(iii)
added
that is a member of the Central Committee of the Chinese Communist Party;
(iv)
added
that is the state or the government of a country of concern, as well as any political subdivision, agency, or instrumentality thereof;
(v)
added
that is subject to the direction or control of any entity described in clause (i), (ii), (iii), or (iv); or
(vi)
added
that is owned in the aggregate, directly or indirectly, 50 percent or more by an entity or a group of entities described in clause (i), (ii), (iii), or (iv); and
(B)
added
that knowingly engaged in significant operations in the defense and related materiel sector or the surveillance technology sector of the economy of a country of concern.
(4)
added
Foreign person— The term foreign person means a person, country, state, or government (and any political subdivision, agency, or instrumentality thereof) that is not a United States person.
(5)
added
Non-SDN Chinese Military-Industrial Complex Companies List— The term Non-SDN Chinese Military-Industrial Complex Companies List means the list maintained by the Office of Foreign Assets Control of the Department of the Treasury under Executive Order 13959, as amended by Executive Order 14032 (50 U.S.C. 1701 note; relating to addressing the threat from securities investments that finance certain companies of the People’s Republic of China), or any successor order.
(6)
added
United states person— The term United States person means—
(A)
added
any 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 of any jurisdiction within the United States (including any foreign branch of such an entity); or
(C)
added
any person in the United States.
Sec. 1721
Prohibition and notification on investments relating to covered national security transactions
added
added
The Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) is amended by adding at the end the following:
added
“VIII Prohibition and notification on investments relating to covered national security transactions
added
“801. Prohibition on investments
added
“(a) In general—The Secretary may prohibit, in accordance with regulations issued under subsection (e), a United States person from knowingly engaging in a covered national security transaction in a prohibited technology.
added
“(b) Evasion—Any transaction by a United States person or within the United States that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate the prohibition set forth in subsection (a) is prohibited.
added
“(c) Waiver—Subject to subsection (d), the Secretary is authorized to exempt from the prohibition set forth in subsection (a) any activity determined by the President, in consultation with the Secretary, the Secretary of Commerce and, as appropriate, the heads of other relevant Federal departments and agencies, to be in the national interest of the United States.
added
“(d) Congressional notification—The Secretary shall—
added
“(1) notify the appropriate congressional committees not later than 5 business days after issuing a waiver under subsection (c); and
added
“(2) include in such notification an identification of the national interest justifying the use of the waiver.
added
“(e) Regulations
added
“(1) In general—The Secretary, in consultation with the Secretary of Commerce and, as appropriate, the heads of other relevant Federal departments and agencies, may issue regulations to carry out this section in accordance with subchapter II of chapter 5 and chapter 7 of title 5, United States Code (commonly known as “Administrative Procedure Act”).
added
“(2) Non-binding feedback
added
“(A) In general—The regulations issued under paragraph (1) shall include a process under which a person can request non-binding feedback on a confidential basis as to whether a transaction would constitute a covered national security transaction in a prohibited technology.
added
“(B) Authority to limit frivolous feedback requests—In establishing the process required by subparagraph (A), the Secretary may prescribe limitations on requests for feedback identified as frivolous for purposes of this subsection.
added
“(3) Notice and opportunity to cure
added
“(A) In general—The regulations issued under paragraph (1) shall account for whether a United States person has self-identified a violation of the prohibition set forth in subsection (a) in determining the legal consequences of that violation.
added
“(B) Self-disclosure letters—The regulations issued under paragraph (1) shall dictate the form and content of a letter of self-disclosure, which shall include relevant facts about the violation, why the United States person believes its activity to have violated the prohibition set forth in subsection (a), and a proposal for mitigation of the harm of such action.
added
“(4) Public notice and comment—The regulations issued under paragraph (1) shall be subject to public notice and comment.
added
“(5) Low-burden regulations—In issuing regulations under paragraph (1), the Secretary shall balance the priority of protecting the national security interest of the United States while, to the extent practicable—
added
“(A) minimizing the cost and complexity of compliance for affected parties, including the duplication of reporting requirements under current regulations;
added
“(B) adopting the least burdensome alternative that achieves regulatory objectives; and
added
“(C) prioritizing transparency and stakeholder involvement in the process of issuing the rules.
added
“(6) Penalties
added
“(A) In general—The regulations issued under paragraph (1) shall provide for the imposition of civil penalties described in subparagraph (B) for violations of the prohibition set forth in subsection (a).
added
“(B) Penalties described
added
“(i) Unlawful acts—It shall be unlawful for a person to violate, attempt to violate, conspire to violate, or cause a violation of any license, order, regulation, notification requirement, or prohibition issued under this section.
added
“(ii) Civil penalty—The Secretary may impose a civil penalty on any person who commits an unlawful act described in clause (i) in an amount not to exceed the greater of—
added
“(I) $250,000; or
added
“(II) an amount that is twice the amount of the transaction that is the basis of the violation with respect to which the penalty is imposed.
added
“(iii) Divestment—The Secretary may compel the divestment of a covered national security transaction in a prohibited technology determined to be in violation of this title.
added
“(iv) Relief—The President may direct the Attorney General of the United States to seek appropriate relief, including divestment relief, in the district courts of the United States, in order to implement and enforce this title.
added
“(7) Burden of proof—In accordance with section 556(d) of title 5, United States Code, in an enforcement action for a violation of the prohibition set forth in subsection (a), the burden of proof shall be upon the Secretary.
added
“802. Notification on investments
added
“(a) Mandatory notification—Not later than 450 days after the date of the enactment of this title, the Secretary shall issue regulations prescribed in accordance with subsection (b), to require a United States person that engages in a covered national security transaction in a prohibited technology (unless the Secretary has exercised the authority provided by section 801(a) to prohibit knowingly engaging in such covered national security transaction) or a notifiable technology to submit to the Secretary a written notification of the transaction not later than 30 days after the completion date of the transaction.
added
“(b) Regulations
added
“(1) In general—Not later than 450 days after the date of the enactment of this title, the Secretary, in consultation with the Secretary of Commerce and, as appropriate, the heads of other relevant Federal departments and agencies, shall issue regulations to carry out this section in accordance with subchapter II of chapter 5 and chapter 7 of title 5, United States Code (commonly known as “Administrative Procedure Act”).
added
“(2) Public notice and comment—The regulations issued under paragraph (1) shall be subject to public notice and comment.
added
“(3) Low-burden regulations—In issuing regulations under paragraph (1), the Secretary shall balance the priority of protecting the national security interest of the United States while, to the extent practicable—
added
“(A) minimizing the cost and complexity of compliance for affected parties, including the duplication of reporting requirements under current regulation;
added
“(B) adopting the least burdensome alternative that achieves regulatory objectives; and
added
“(C) prioritizing transparency and stakeholder involvement in the process of issuing the rules.
added
“(4) Penalties
added
“(A) In general—The regulations issued under paragraph (1) shall provide for the imposition of civil penalties described in subparagraph (B) for violations of the notification requirement set forth in subsection (a).
added
“(B) Penalties described
added
“(i) Unlawful acts—It shall be unlawful for a person to violate, attempt to violate, conspire to violate, or cause a violation of any license, order, regulation, notification requirement, or prohibition issued under this section.
added
“(ii) Civil penalty—A civil penalty may be imposed on any person who commits an unlawful act described in clause (i) in an amount not to exceed the greater of—
added
“(I) $250,000; or
added
“(II) an amount that is twice the amount of the transaction that is the basis of the violation with respect to which the penalty is imposed.
added
“(5) Burden of proof—In accordance with section 556(d) of title 5, United States Code, in an enforcement action for a violation of the prohibition set forth in subsection (a), the burden of proof shall be upon the Secretary.
added
“(6) Completeness of notification
added
“(A) In general—The Secretary shall, upon receipt of a notification under subsection (a), and in consultation with the Secretary of Commerce, promptly inspect the notification for completeness.
added
“(B) Incomplete notifications—If a notification submitted under subsection (a) is incomplete, the Secretary shall promptly inform the United States person that submits the notification that the notification is not complete and provide an explanation of relevant material respects in which the notification is not complete.
added
“(7) Identification of non-notified activity—The Secretary, in coordination with the Secretary of Commerce, shall establish a process to identify covered national security transactions in a prohibited technology or a notifiable technology for which—
added
“(A) a notification is not submitted to the Secretary under subsection (a); and
added
“(B) information is reasonably available.
added
“(c) Confidentiality of information
added
“(1) In general—Except as provided in paragraph (2), any information or documentary material filed with the Secretary pursuant to this section shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code, and no such information or documentary material may be made public by any government agency or Member of Congress.
added
“(2) Exceptions—The exemption from disclosure provided by paragraph (1) shall not prevent the disclosure of the following:
added
“(A) Information relevant to any administrative or judicial action or proceeding.
added
“(B) Information provided to Congress or any of the appropriate congressional committees.
added
“(C) Information important to the national security analysis or actions of the Secretary to any domestic governmental entity, or to any foreign governmental entity of an ally or partner of the United States, under the direction and authorization of the Secretary, only to the extent necessary for national security purposes, and subject to appropriate confidentiality and classification requirements.
added
“(D) Information that the parties have consented to be disclosed to third parties.
added
“(E) Information where the disclosure of such information is determined by the Secretary to be in the national security interest.
added
“(d) Inapplicability—If the Secretary prohibits a covered national security transaction in a prohibited technology under section 801, the requirements of this section shall not apply with respect to the covered national security transaction.
added
“803. Report
added
“(a) In general—Not later than one year after the date on which the regulations issued under section 801(e) take effect, and not less frequently than annually thereafter for 7 years, the Secretary, in consultation with the Secretary of Commerce, shall submit to the appropriate congressional committees a report that—
added
“(1) lists all enforcement actions taken subject to the regulations during the year preceding submission of the report, which includes, with respect to each such action, a description of—
added
“(A) the prohibited technology or notifiable technology;
added
“(B) the covered national security transaction; and
added
“(C) the covered foreign person;
added
“(2) provides an assessment of whether Congress should amend the definition of the term prohibited technology by—
added
“(A) identifying additional technologies, not currently listed as a prohibited technology, that the Secretary, in consultation with the Secretary of Commerce and, as applicable, the Secretary of Defense, the Secretary of State, the Secretary of Energy, the Director of National Intelligence, and the heads of any other relevant Federal agencies, determines may pose an acute threat to the national security of the United States if developed or acquired by a country of concern;
added
“(B) explaining why each technology identified in subparagraph (A) may pose an acute threat to the national security of the United States if developed or acquired by a country of concern; and
added
“(C) recommending the repeal of technologies from the category of prohibited technology to the extent that the technologies no longer pose an acute threat to the national security of the United States if developed or acquired by a country of concern;
added
“(3) lists all notifications submitted under section 802 during the year preceding submission of the report and includes, with respect to each such notification—
added
“(A) basic information on each party to the covered national security transaction with respect to which the notification was submitted; and
added
“(B) the nature of the covered national security transaction that was the subject to the notification, including the elements of the covered national security transaction that necessitated a notification;
added
“(4) includes a summary of those notifications, disaggregated by prohibited technology, notifiable technology, by covered national security transaction, and by country of concern;
added
“(5) provides additional context and information regarding trends in the prohibited technology, notifiable technology, the types of covered national security transaction, and the countries involved in those notifications; and
added
“(6) assesses the overall impact of those notifications, including recommendations for—
added
“(A) expanding existing Federal programs to support the production or supply of prohibited technologies or notifiable technologies in the United States, including the potential of existing authorities to address any related national security concerns;
added
“(B) investments needed to enhance prohibited technologies or notifiable technologies and reduce dependence on countries of concern regarding those technologies; and
added
“(C) the continuation, expansion, or modification of the implementation and administration of this title, including recommendations with respect to whether the definition of the term ‘country of concern’ under section 807(2) should be amended to add or remove countries.
added
“(b) Consideration of certain information—In preparing the report pursuant to subsection (a), the Secretary—
added
“(1) shall consider information provided jointly by the chairperson and ranking member of any of the appropriate congressional committees;
added
“(2) may consider credible information obtained by other countries and nongovernmental organizations that monitor the military, surveillance, intelligence, or technology capabilities of a country of concern; and
added
“(3) may consider any other information that the Secretary deems relevant.
added
“(c) Form of report—Each report required by this section shall be submitted in unclassified form, but may include a classified annex.
added
“(d) Testimony required—Not later than one year after the date of the enactment of this title, and annually thereafter for five years, the Secretary and the Secretary of Commerce shall each provide to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives testimony with respect to the national security threats relating to investments by United States persons in countries of concern and broader international capital flows.
added
“(e) Requests by appropriate congressional committees
added
“(1) In general—After receiving a request that meets the requirements of paragraph (2) with respect to whether a technology should be included in the amendments as described in subsection (a)(2), the Secretary shall, in preparing the report pursuant to subsection (a)—
added
“(A) determine if that technology may pose an acute threat to the national security of the United States if developed or acquired by a country of concern; and
added
“(B) include in the report pursuant to subsection (a) an explanation with respect to that determination that includes—
added
“(i) a statement of whether or not the technology, as determined by the Secretary, may pose an acute threat to the national security of the United States if developed or acquired by a country of concern; and
added
“(ii) if the Secretary determines that—
added
“(I) the technology may pose an acute threat to the national security of the United States if developed or acquired by a country of concern, an explanation for such determination and a recommendation whether that technology should be named a prohibited technology or a notifiable technology; and
added
“(II) the technology would not pose an acute threat to the national security of the United States if developed or acquired by a country of concern, an explanation for such determination.
added
“(2) Requirements—A request under paragraph (1) with respect to whether a technology may pose an acute threat to the national security of the United States if developed or acquired by a country of concern shall be submitted to the Secretary in writing jointly by the chairperson and ranking member of one or more of the appropriate congressional committees.
added
“804. Multilateral engagement and coordination
added
“(a) Authorities—The Secretary, in coordination with the Secretary of State, the Secretary of Commerce, and the heads of other relevant Federal agencies, should—
added
“(1) conduct bilateral and multilateral engagement with the governments of countries that are allies and partners of the United States to promote and increase coordination of protocols and procedures to facilitate the effective implementation of and appropriate compliance with the prohibitions pursuant to this title;
added
“(2) upon adoption of protocols and procedures described in paragraph (1), work with those governments to establish mechanisms for sharing information, including trends, with respect to such activities; and
added
“(3) work with and encourage the governments of countries that are allies and partners of the United States to develop similar mechanisms of their own, for the exclusive purpose of preventing the development or acquisition of prohibited technologies by a country of concern.
added
“(b) Strategy for multilateral engagement and coordination—Not later than 180 days after the date of the enactment of this title, the Secretary, in consultation with the Secretary of State, the Secretary of Commerce, and the heads of other relevant Federal agencies, should—
added
“(1) develop a strategy to work with the governments of countries that are allies and partners of the United States to develop mechanisms that are comparable to the prohibitions pursuant to this title, for the exclusive purpose of preventing the development and acquisition of prohibited technologies by a country of concern; and
added
“(2) assess opportunities to provide technical assistance to those countries with respect to the development of those mechanisms.
added
“(c) Report—Not later than one year after the date of the enactment of this title, and annually thereafter for four years, the Secretary shall submit to the appropriate congressional committees a report that includes—
added
“(1) a discussion of any strategy developed pursuant to subsection (b)(1), including key tools and objectives for the development of comparable mechanisms by the governments of allies and partners of the United States;
added
“(2) a list of partner and allied countries to target for cooperation in developing their own prohibitions;
added
“(3) the status of the strategy’s implementation and outcomes; and
added
“(4) a description of impediments to the establishment of comparable mechanisms by governments of allies and partners of the United States.
added
“(d) Appropriate congressional committees defined—In this section, the term appropriate congressional committees means—
added
“(1) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and
added
“(2) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives.
added
“805. Public database of covered foreign persons
added
“(a) In general—The Secretary, in consultation with the Secretary of Commerce, may establish a publicly accessible, non-exhaustive database that identifies covered foreign persons in a prohibited technology pursuant to this title.
added
“(b) Confidentiality of evidence—The Secretary shall establish a mechanism for the public, including Congress, stakeholders, investors, and nongovernmental organizations, to submit evidence on a confidential basis regarding whether a foreign person is a covered foreign person in a prohibited technology and should be included in the database described in subsection (a), if any.
added
“(c) Exemption from disclosure
added
“(1) In general—Except as provided in paragraph (2), any information or documentary material filed with the Secretary pursuant to this section shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code, and no such information or documentary material may be made public (other than the identity of a covered foreign person in accordance with subsection (b)).
added
“(2) Exceptions—Paragraph (1) shall not prohibit the disclosure of the following:
added
“(A) Information relevant to any administrative or judicial action or proceeding.
added
“(B) Information to Congress or any duly authorized committee or subcommittee of Congress.
added
“(C) Information important to the national security analysis or actions of the Secretary to any domestic governmental entity, or to any foreign governmental entity of a United States ally or partner, under the exclusive direction and authorization of the Secretary, only to the extent necessary for national security purposes, and subject to appropriate confidentiality and classification requirements.
added
“(D) Information that the parties have consented to be disclosed to third parties.
added
“(d) Rule of construction—The database described in subsection (a), if any, shall not be considered to be an exhaustive or comprehensive list of covered foreign persons for the purposes of this title.
added
“806. Rule of construction
added
“Nothing in this title may be construed to negate the authority of the President under any authority, process, regulation, investigation, enforcement measure, or review provided by or established under any other provision of Federal law, or any other authority of the President or the Congress under the Constitution of the United States.
added
“807. Definitions
added
“In this title:
added
“(1) Appropriate congressional committees—Except as provided by section 804(d), the term appropriate congressional committees means—
added
“(A) the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Energy and Commerce, and the Committee on Appropriations of the House of Representatives; and
added
“(B) the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate.
added
“(2) Country of concern—The term country of concern—
added
“(A) means the People’s Republic of China; and
added
“(B) includes the Hong Kong Special Administrative Region and the Macau Special Administrative Region.
added
“(3) Covered foreign person—Subject to regulations prescribed in accordance with this title, the term covered foreign person means a foreign person that—
added
“(A) is incorporated in, has a principal place of business in, or is organized under the laws of a country of concern;
added
“(B) is a member of the Central Committee of the Chinese Communist Party;
added
“(C) is subject to the direction or control of a country of concern, an entity described in subparagraph (A) or (B), or the state or the government of a country of concern (including any political subdivision, agency, or instrumentality thereof); or
added
“(D) is owned in the aggregate, directly or indirectly, 50 percent or more by a country of concern, an entity described in subparagraph (A) or (B), or the state or the government of a country of concern (including any political subdivision, agency, or instrumentality thereof).
added
“(4) Covered national security transaction
added
“(A) In general—Subject to such regulations as may be issued in accordance with this title, the term covered national security transaction means any activity engaged in by a United States person that involves—
added
“(i) the acquisition of an equity interest or contingent equity interest in a covered foreign person;
added
“(ii) the provision of a loan or similar debt financing arrangement to a covered foreign person, where such debt financing—
added
“(I) is convertible to an equity interest; or
added
“(II) affords or will afford the United States person the right to make management decisions with respect to or on behalf of a covered foreign person or the right to appoint members of the board of directors (or equivalent) of the covered foreign person;
added
“(iii) the entrance by such United States person into a joint venture with a covered foreign person;
added
“(iv) the conversion of a contingent equity interest (or interest equivalent to a contingent equity interest) or conversion of debt to an equity interest in a covered foreign person;
added
“(v) the acquisition, leasing, or other development of operations, land, property, or other assets in a country of concern that will result in, or that the United States person intends to result in—
added
“(I) the establishment of a covered foreign person; or
added
“(II) the engagement of a person of a country of concern in a prohibited technology where it was not previously engaged in such prohibited technology;
added
“(vi) knowingly directing transactions by foreign persons that the United States person has knowledge at the time of the transaction would constitute an activity described in clause (i), (ii), (iii), (iv), or (v), if engaged in by a United States person; or
added
“(vii) the acquisition of a limited partner or equivalent interest in a venture capital fund, private equity fund, fund of funds, or other pooled investment fund that the United States person has knowledge at the time of the acquisition, intends to engage in an activity described in clause (i), (ii), (iii), (iv), (v), or (vi).
added
“(B) Exceptions—Subject to notice and comment regulations prescribed in consultation with Congress and in accordance with this title, the term covered national security transaction does not include—
added
“(i) any transaction the value of which the Secretary determines is de minimis;
added
“(ii) any category of transactions that the Secretary determines is in the national interest of the United States;
added
“(iii) an investment—
added
“(I) in a security (as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))) that is traded on an exchange or the over-the-counter market in any jurisdiction;
added
“(II) in a security issued by an investment company (as defined in section 3 of the Investment Company Act of 1940 (15 U.S.C. 80a–3)) that is registered with the Securities and Exchange Commission;
added
“(III) made as a limited partner or equivalent in a venture capital fund, private equity fund, fund of funds, or other pooled investment fund (other than as described in subclause (II)) where—
added
“(aa) the limited partner or equivalent’s committed capital is not more than $2,000,000, aggregated across any investment and co-investment vehicles of the fund; or
added
“(bb) the limited partner or equivalent has secured a binding contractual assurance that its capital in the fund will not be used to engage in a transaction that would be a covered national security transaction if engaged in by a United States person; or
added
“(IV) in a derivative of a security described under subclause (I), (II), or (III);
added
“(iv) any ancillary transaction undertaken by a financial institution (as defined in section 5312 of title 31, United States Code);
added
“(v) the acquisition by a United States person of the equity or other interest owned or held by a covered foreign person in an entity or assets located outside of a country of concern in which the United States person is acquiring the totality of the interest in the entity held by the covered foreign person;
added
“(vi) an intracompany transfer of funds, as defined in regulations prescribed in accordance with this title, from a United States parent company to a subsidiary located in a country of concern or a transaction that, but for this clause, would be a covered national security transaction between a United States person and its controlled foreign person that supports operations that are not covered national security transactions or that maintains covered national security transactions that the controlled foreign person was engaged in prior to January 2, 2025;
added
“(vii) a transaction secondary to a covered national security transaction, including—
added
“(I) contractual arrangements or the procurement of material inputs for any covered national security transaction (such as raw materials);
added
“(II) bank lending;
added
“(III) the processing, clearing, or sending of payments by a bank;
added
“(IV) underwriting services;
added
“(V) debt rating services;
added
“(VI) prime brokerage;
added
“(VII) global custody;
added
“(VIII) equity research or analysis; or
added
“(IX) other similar services;
added
“(viii) any ordinary or administrative business transaction as may be defined in such regulations; or
added
“(ix) any transaction completed before the date of the enactment of this title.
added
“(C) Ancillary transaction defined—In this paragraph, the term ancillary transaction means—
added
“(i) the processing, settling, clearing, or sending of payments and cash transactions;
added
“(ii) underwriting services;
added
“(iii) credit rating services; and
added
“(iv) other services ordinarily incident to and part of the provision of financial services, such as opening deposit accounts, direct custody services, foreign exchange services, remittances services, and safe deposit services.
added
“(5) Foreign person—The term foreign person means a person that is not a United States person.
added
“(6) Notifiable technology
added
“(A) In general—The term notifiable technology means a technology with respect to which a covered foreign person—
added
“(i) designs any advanced integrated circuit that is not covered under paragraph (8)(A)(iii);
added
“(ii) fabricates any integrated circuit that is not covered under paragraph (8)(A)(iv);
added
“(iii) packages any integrated circuit that is not covered under paragraph (8)(A)(v); or
added
“(iv) develops any artificial intelligence system that is not covered under clause (vii), (viii), (ix), or (xvi) of paragraph (8)(A), and that is—
added
“(I) designed to be used for—
added
“(aa) any military end use (such as for weapons targeting, target identification, combat simulation, military vehicle or weapons control, military decision-making, weapons design (including chemical, biological, radiological, or nuclear weapons), or combat system logistics and maintenance); or
added
“(bb) any government intelligence or mass-surveillance end use (such as through incorporation of features such as mining text, audio, or video, image recognition, location tracking, or surreptitious listening devices);
added
“(II) intended by the covered foreign person or joint venture to be used for—
added
“(aa) cybersecurity applications;
added
“(bb) digital forensics tools;
added
“(cc) penetration testing tools; or
added
“(dd) control of robotic systems; or
added
“(III) trained using a quantity of computing power greater than 1023 computational operations (such as integer or floating-point operations).
added
“(B) Updates—The Secretary, in consultation with Congress, may prescribe regulations in accordance with this title to refine the technical parameters of technologies described in subparagraph (A) as reasonably needed for national security purposes or to add or remove categories to or from the list in subparagraph (A).
added
“(7) Party—The term ‘party’, with respect to a covered national security transaction, has the meaning given that term in regulations prescribed in accordance with this title.
added
“(8) Prohibited technology
added
“(A) In general—The term prohibited technology means a technology with respect to which a covered foreign person—
added
“(i) develops or produces any design automation software for the design of integrated circuits or advanced packaging;
added
“(ii) develops or produces any—
added
“(I) electronic design automation software for the design of integrated circuits or advanced packaging;
added
“(II) front-end semiconductor fabrication equipment designed for the volume fabrication of integrated circuits, including equipment used in the production stages from a blank wafer or substrate to a completed wafer or substrate; or
added
“(III) equipment for performing volume advanced packaging;
added
“(iii) designs any integrated circuit designs that meet or exceed the specifications set in Export Control Classification Number (ECCN) 3A090 in Supplement No. 1 to the Export Administration Regulations, or integrated circuits designed for operation at or below 4.5 Kelvin;
added
“(iv) fabricates integrated circuits that are—
added
“(I) logic integrated circuits using a non-planar transistor architecture or with a technology node of 16/14 nanometers or less, including fully depleted silicon-on-insulator (FDSOI) integrated circuits;
added
“(II) NOT–AND (NAND) memory integrated circuits with 128 layers or more;
added
“(III) dynamic random-access memory (DRAM) integrated circuits using a technology node of 18 nanometer half-pitch or less;
added
“(IV) integrated circuits manufactured from a gallium-based compound semiconductor;
added
“(V) integrated circuits using graphene transistors or carbon nanotubes; or
added
“(VI) integrated circuits designed for operation at or below 4.5 Kelvin;
added
“(v) packages any integrated circuit using advanced packaging techniques;
added
“(vi) develops, designs, or produces any commodity, material, software, or technology designed exclusively for use in or with extreme ultraviolet lithography fabrication equipment;
added
“(vii) develops, designs, or produces any artificial intelligence models trained with at least 1025 floating point operations;
added
“(viii) develops, designs, or produces any artificial intelligence models that rely upon or utilize advanced integrated circuits that meet or exceed the specifications set in Export Control Classification Number (ECCN) 3A090 in Supplement No. 1 to the Export Administration Regulations;
added
“(ix) develops, designs, or produces any artificial intelligence models designed for use by the Government of the People’s Republic of China, its special administrative regions, or its agencies and instrumentalities;
added
“(x) develops a quantum computer or produces any critical components required to produce a quantum computer such as a dilution refrigerator or two-stage pulse tube cryocooler;
added
“(xi) develops or produces any quantum sensing platform designed for, or which the relevant covered foreign person intends to be used for, any military, government intelligence, or mass-surveillance end use;
added
“(xii) develops or produces quantum networks or quantum communication systems designed for or intended to be used for—
added
“(I) networking to scale up the capabilities of quantum computers, such as for the purposes of breaking or compromising encryption;
added
“(II) secure communications, such as quantum key distribution; or
added
“(III) any other application that has any military, government intelligence, or mass-surveillance end use;
added
“(xiii) develops, designs, or produces materials, components, avionics, flight control, propulsion, Global Positioning System (GPS), data relay, and target detection systems designed for use in hypersonic systems or capable of sustainable operations above 1,000 degrees Celsius;
added
“(xiv) develops, installs, sells, or produces any supercomputer enabled by advanced integrated circuits that can provide theoretical compute capacity of 100 or more double-precision (64-bit) petaflops or 200 or more single-precision (32-bit) petaflops of processing power within a 41,600 cubic foot or smaller envelope;
added
“(xv) develops, designs, or produces any other technologies in the advanced semiconductors and microelectronics sector, the artificial intelligence sector, the high-performance computing and supercomputing sector, the hypersonic missiles sector, or the quantum information science and technology sector that are—
added
“(I) defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
added
“(II) specially designed and prepared nuclear equipment, parts or components, materials, software, or technologies covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
added
“(III) nuclear facilities, equipment, or materials covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material); or
added
“(IV) emerging or foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817); or
added
“(xvi) develops any artificial intelligence system that is designed to be exclusively used for, or which the relevant covered foreign person intends to be used for, any—
added
“(I) military end use (such as for weapons targeting, target identification, combat simulation, military vehicle or weapon control, military decision-making, weapons design (including chemical, biological, radiological, or nuclear weapons), or combat system logistics and maintenance); or
added
“(II) government intelligence or mass-surveillance end (such as through incorporation of features such as mining text, audio, or video, image recognition, location tracking, or surreptitious listening devices).
added
“(B) Updates—The Secretary, in consultation with Congress, may prescribe regulations in accordance with this title to make updates to the technical parameters of technologies described in subparagraph (A) as reasonably needed for national security purposes.
added
“(9) Secretary—Except as otherwise provided, the term Secretary means the Secretary of the Treasury.
added
“(10) United States person—The term United States person means—
added
“(A) any United States citizen or an alien lawfully admitted for permanent residence to the United States;
added
“(B) an entity organized under the laws of the United States or of any jurisdiction within the United States (including any foreign branch of such an entity); or
added
“(C) any person in the United States.”
Sec. 1731
Requirements relating to the Non-SDN Chinese Military-Industrial Complex Companies List
added
(1)
added
In general— Not later than 365 days after the date of the enactment of this Act, and biennially thereafter for 6 years, the Secretary shall submit to the appropriate congressional committees a report that states whether any of the following foreign persons qualifies for inclusion on the Non-SDN Chinese Military-Industrial Complex Companies List:
(A)
added
Any PRC person listed on the Military End-User List (Supplement No. 7 to part 744 of the Export Administration Regulations).
(B)
added
Any PRC person listed pursuant to section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note).
(C)
added
Any PRC person listed on the Department of Commerce’s Entity List (Supplement No. 4 to part 744 of the Export Administration Regulations).
(2)
added
Process required— To prepare the reports under paragraph (1), the President shall establish a process under which the Federal agencies responsible for administering the lists described in subparagraphs (A), (B), and (C) of paragraph (1) shall share with each other all relevant information that led to the identification of the entities described in such lists.
(3)
added
Risk-based prioritization framework— In making the initial determinations under paragraph (1), the Secretary may establish a risk-based prioritization framework factoring in prioritization of entity review submitted to the Secretary by the Federal agencies administering the lists described in subparagraphs (A), (B), and (C) of paragraph (1).
(4)
added
Annual reports to the appropriate congressional committees— The report under paragraph (1) may summarize findings concerning entities previously reviewed pursuant to this section and do not necessitate additional review by the Secretary.
(5)
added
Matters to be included— The Secretary shall include in the report required by paragraph (1) an overview of the criteria required for listing on Non-SDN Chinese Military-Industrial Complex Companies List. The heads of the Federal agencies administering the lists described in subparagraphs (A), (B), and (C) of paragraph (1) shall provide an overview of the criteria for entity identification or listing on each respective list.
(b)
added
Requirement for divestment—
(1)
added
In general— The President shall promulgate rules that prohibit a United States person from knowingly holding securities of entities on the Non-SDN Chinese Military-Industrial Complex Companies List, after the date that is 365 days after the date of enactment of this Act.
(2)
added
Authorization— The prohibitions on investment imposed under paragraph (1) shall not apply to a transaction in a security that is entered into on or before the date that is 365 days after the date of enactment of this Act by a United States person, if such transaction is entered into solely to divest of the security.
(1)
added
In general— The President may establish a process under which the requirements of subsection (b) shall not apply if the President determines to do so is necessary to protect the national security or foreign policy objectives of the United States.
(2)
added
Case-by-case requirement— Determinations under paragraph (1) shall be issued on a case-by-case basis for each entity on the Non-SDN Chinese Military-Industrial Complex Companies List.
(3)
added
Notice and briefing— The President shall notify the appropriate congressional committees in writing in advance of issuing a determination under paragraph (1) and shall provide a substantive briefing on the determination to the appropriate congressional committees within 30 days of issuing a determination.
(d)
added
Definitions— In this section:
(1)
added
Appropriate congressional committees— The term appropriate congressional committees means—
(A)
added
the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives; and
(B)
added
the Committee on Banking, Housing, and Urban Affairs of the Senate.
(2)
added
Country of concern— The term country of concern—
(A)
added
means the People’s Republic of China; and
(B)
added
includes the Hong Kong Special Administrative Region and the Macau Special Administrative Region.
(3)
added
Non-SDN Chinese Military-Industrial Complex Companies List— The term Non-SDN Chinese Military-Industrial Complex Companies List means the list maintained by the Office of Foreign Assets Control of the Department of the Treasury under Executive Order 13959, as amended by Executive Order 14032 (50 U.S.C. 1701 note; relating to addressing the threat from securities investments that finance certain companies of the People’s Republic of China), and any successor order.
(4)
added
PRC person— The term PRC person means a foreign person that—
(A)
added
is incorporated in a principal place of business in, or is organized under the laws of, a country of concern;
(B)
added
is a member of the Central Committee of the Chinese Communist Party;
(C)
added
is the state or the government of a country of concern, as well as any political subdivision, agency, or instrumentality thereof; or
(D)
added
is owned in the aggregate, directly or indirectly, 50 percent or more by an entity or a group of entities described in subparagraph (A), (B), or (C).
Sec. 1741
Exception relating to importation of goods
added
(a)
added
In general— The authorities and requirements to impose sanctions authorized 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 manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.
Sec. 2827
Implementation of Comptroller General recommendations relating to critical military housing supply and affordability
added
(a)
added
In general— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall implement each recommendation of the Comptroller General of the United States contained in the report dated October 30, 2024, and entitled, “Military Housing: DOD Should Address Critical Supply and Affordability Challenges for Service Members” (GAO–25–106208), as those recommendations are modified under subsection (b).
(b)
added
Recommendations To be implemented— In carrying out the requirements under subsection (a), the Secretary of Defense shall implement the recommendations specified under such subsection as follows:
(1)
added
The Secretary shall—
(A)
added
perform a structured analysis to develop a comprehensive list of housing areas in which members of the Armed Forces and their families may face the most critical challenges in finding and affording private sector housing in the community;
(B)
added
in conducting the analysis under subparagraph (A), consider the unique characteristics of a location, such as vacation rental areas; and
(C)
added
regularly update the list required under subparagraph (A) not less frequently than once every two years.
(2)
added
The Secretary shall obtain and use feedback on the financial and quality-of-life effects of limited supply or unaffordable housing on members of the Armed Forces, through the status of forces survey and other service or installation-specific feedback mechanisms.
(3)
added
The Secretary shall, in coordination with the Secretary of each military department—
(A)
added
develop a plan for how the Department of Defense can respond to and address the financial and quality-of-life effects in housing areas identified under paragraph (1); and
(B)
added
in developing the plan under subparagraph (A), examine strategies for increasing housing supply or providing alternative compensation to offset the effects of limited supply or unaffordable housing in housing areas identified under paragraph (1).
(4)
added
The Secretary shall clarify, through the issuance of guidance to the military departments, the role of the Office of the Secretary of Defense in oversight of the Housing Requirements and Market Analysis process of the military departments to ensure that—
(A)
added
the military departments conduct such process in a timely manner; and
(B)
added
the Secretary submits to Congress any plans or other matters relating to such process for each fiscal year as required by existing law.
(5)
added
The Secretary shall ensure that the Assistant Secretary of Defense for Energy, Installations, and Environment provides updated guidance to the military departments on how installations of the Department of Defense should coordinate with local communities, including by clearly defining the roles and responsibilities of commanders and military housing offices of such installations in addressing housing needs.
(c)
added
Non-implementation reporting requirement— If the Secretary of Defense elects not to implement a recommendation specified under subsection (a), as modified under subsection (b), the Secretary shall, not later than one year after the date of the enactment of this Act, submit to the Committees on Armed Services of the Senate and the House of Representatives a report that includes a justification for such election.
Sec. 3125
Plan to modernize nuclear security enterprise
added
(a)
added
In general— Not later than 90 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall develop a plan—
(1)
added
to accelerate and modernize Material Staging Capabilities to replace aged, over-subscribed facilities within the nuclear security enterprise, which shall include a description of all phases and an estimate of the costs required to carry out such plan; and
(2)
added
to accelerate near-term Critical Decisions milestones in fiscal year 2026.
(b)
added
Execution— The Administrator for Nuclear Security shall carry out the plan required by subsection (a) concurrently with an infrastructure modernization program for high explosives capabilities, including continued construction of the High Explosives Synthesis Formulation and Production facility (21-D-510).
(1)
added
In general— Not later than 180 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall brief the appropriate congressional committees on the Material Staging Capabilities plan required by subsection (a).
(2)
added
Appropriate congressional committees defined— In this subsection, the term appropriated congressional committees means—
(A)
added
the Committee on Armed Services and the Committee on Appropriations of the Senate; and
(B)
added
the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
Sec. 5211
Avoiding duplication of hypersonic testing efforts
added
added
To the maximum extent practicable, the Secretary of Defense shall use existing hypersonic testing facilities or hypersonic testing facilities currently undergoing refurbishment, including those owned by other departments and agencies, for testing related to the development of hypersonic systems.
Sec. 5221
Evaluation of additional test corridors for hypersonic and long-range weapons
added
added
The text of section 223 is hereby deemed to read as follows:
added
“5223. Evaluation of additional test corridors for hypersonic and long-range weapons
added
“(a) Evaluation required—To assess impact effectiveness and increase the cadence of testing and training for long-range and hypersonic systems, the Secretary of Defense shall, acting through the Under Secretary of Defense for Research and Engineering and the Director of the Test Resource Management Center and in consultation with requirements owners of long-range and hypersonic systems of the Armed Forces, evaluate—
added
“(1) the comparative advantages of episodic and permanent special activity airspace designated by the Federal Aviation Administration for use by the Department of Defense suitable for the test and training of long-range and hypersonic systems;
added
“(2) requirements for continental test ranges, including—
added
“(A) attributes, including live, virtual, and constructive capabilities;
added
“(B) scheduling and availability;
added
“(C) safety;
added
“(D) end strength;
added
“(E) facilities, infrastructure, radar, and related systems;
added
“(F) launch locations including—
added
“(i) Bearpaw Air Traffic Control Assigned Airspace, Montana;
added
“(ii) Mountain Home Range Complex, Idaho;
added
“(iii) Fallon Range Training Complex, Nevada;
added
“(iv) Utah Test and Training Range, Utah;
added
“(v) Nevada Test and Training Range, Nevada;
added
“(vi) Green River Test Complex, Utah; and
added
“(vii) White Sands Missile Range, New Mexico;
added
“(G) impact areas within the White Sands Missile Range, New Mexico; and
added
“(H) such other characteristics as the Secretary considers appropriate; and
added
“(3) potential enhancements to existing National Aeronautics and Space Administration facilities needed to enable use of these facilities by the Department of Defense for testing and research of hypersonic systems.
added
“(b) Briefing—Not later than December 1, 2026, the Secretary shall provide to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing on the findings of the Secretary with respect to the evaluation conducted pursuant to subsection (a), including an assessment of the completion date.
added
“(c) Definitions—In this section:
added
“(1) The term impact area means the point at which a test terminates.
added
“(2) The term launch location means the point from which a test is initiated.”
Sec. 5331
Report on adoption of graphite oxide-based firefighting foams
added
(a)
added
In general— Not later than February 1, 2026, the Secretary of Defense shall submit to the congressional defense committees a report on the progress and strategy of the Department of Defense for accelerating adoption of graphite oxide-based firefighting foams.
(b)
added
Elements— The report required by subsection (a) shall include the following:
(1)
added
A summary of current testing, evaluation, and certification efforts for graphite oxide-based firefighting foams, including performance data and environmental assessments.
(2)
added
An identification of any remaining technical, regulatory, or logistical barriers to full-scale adoption of such foams, along with proposed mitigation strategies.
(3)
added
A timeline for the phased replacement throughout the Department of firefighting foams containing perfluoroalkyl or polyfluoroalkyl substances with graphite oxide-based alternatives.
(4)
added
A description of interagency coordination and partnerships with industry and academia to ensure such foams meet relevant safety, operational, and environmental standards for military use.
Sec. 5611
One-year extension of certain expiring bonus and special pay authorities
added
(a)
added
Authorities relating to reserve forces— Section 910(g) of title 37, United States Code, relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service, is amended by striking “December 31, 2025” and inserting “December 31, 2026”.
(b)
added
Title 10 authorities relating to health care professionals— The following sections of title 10, United States Code, are amended by striking “December 31, 2025” and inserting “December 31, 2026”:
(1)
added
Section 2130a(a)(1), relating to nurse officer candidate accession program.
(2)
added
Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.
(c)
added
Authorities relating to nuclear officers— Section 333(i) of title 37, United States Code, is amended by striking “December 31, 2025” and inserting “December 31, 2026”.
(d)
added
Authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities— The following sections of title 37, United States Code, are amended by striking “December 31, 2025” and inserting “December 31, 2026”:
(1)
added
Section 331(h), relating to general bonus authority for enlisted members.
(2)
added
Section 332(g), relating to general bonus authority for officers.
(3)
added
Section 334(i), relating to special aviation incentive pay and bonus authorities for officers.
(4)
added
Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions.
(5)
added
Section 336(g), relating to contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps.
(6)
added
Section 351(h), relating to hazardous duty pay.
(7)
added
Section 352(g), relating to assignment pay or special duty pay.
(8)
added
Section 353(i), relating to skill incentive pay or proficiency bonus.
(9)
added
Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units.
(e)
added
Authority to provide temporary increase in rates of basic allowance for housing— Section 403(b) of title 37, United States Code, is amended—
(1)
added
in paragraph (7)(E), relating to an area covered by a major disaster declaration or containing an installation experiencing an influx of military personnel, by striking “December 31, 2025” and inserting “December 31, 2026”; and
(2)
added
in paragraph (8)(C), relating to an area where actual housing costs differ from current rates by more than 20 percent, by striking “December 31, 2025” and inserting “December 31, 2026”.
Sec. 5621
Pilot program to provide coupons to junior enlisted members to purchase food at commissaries
added
(a)
added
Sense of Congress— It is the sense of Congress that—
(1)
added
members of the Armed Forces and their families deserve access to affordable and healthy food options, including during their duty day;
(2)
added
there has been increased awareness about the challenges members and their families face in accessing affordable and healthy food options;
(3)
added
those challenges have been especially acute for unaccompanied junior enlisted members who live in government-provided quarters on military installations; and
(4)
added
the Department of Defense should explore a variety of proposals for expanding the accessibility of healthy and affordable food options to members, especially members who live in unaccompanied housing on military installations.
(1)
added
In general— The Secretary of Defense may conduct a pilot program to assess the efficacy of providing junior enlisted members of the Armed Forces a monthly coupon for use in procuring food at commissaries.
(2)
added
Selection of installations—
(A)
added
In general— The Secretary may conduct the pilot program authorized by paragraph (1) at 2 military installations.
(B)
added
Considerations— In selecting installations for the pilot program authorized by paragraph (1), the Secretary shall consider installations with—
(i)
added
large numbers of enlisted members who live in unaccompanied housing;
(ii)
added
the largest ratios of enlisted members to commissioned officers;
(iii)
added
unaccompanied housing that provides access to functioning kitchens that residents may use to prepare meals;
(iv)
added
commissaries that are experimenting with or expanding their selection of nutritious and minimally processed ready-made and easy-to-make food options;
(v)
added
low rates of attendance at dining facilities;
(vi)
added
low customer satisfaction ratings for dining facilities, including installations with complaints about dining facilities submitted through the Interactive Customer Evaluation system of the Department of Defense; and
(vii)
added
commissaries located within easily accessible distances from unaccompanied housing.
(A)
added
Amount— The Secretary may determine the amount of the coupons to be provided under the pilot program authorized by paragraph (1).
(i)
added
In general— A coupon provided under the pilot program authorized by paragraph (1) may be used only to purchase food at commissaries.
(ii)
added
Exclusions— A coupon provided under the pilot program authorized by paragraph (1) may not be used—
(I)
added
to purchase alcoholic beverages or tobacco; or
(II)
added
to pay any deposit fee in excess of the amount of the State fee reimbursement (if any) required to purchase any food or food product contained in a returnable bottle or can, without regard to whether the fee is included in the shelf price posted for the food or food product.
(C)
added
Supplement to other food assistance— A coupon provided to a member under the pilot program authorized by paragraph (1) shall be supplement and not supplant—
(i)
added
the basic allowance for subsistence under section 402 of title 37, United States Code; and
(ii)
added
any program to provide meals or rations in kind for which the member is eligible.
(4)
added
Duration of pilot program— The pilot program authorized by paragraph (1) shall terminate not later than one year after the pilot program commences.
(5)
added
Report required—
(A)
added
In general— Not later than 90 days after the termination under paragraph (4) of the pilot program authorized by paragraph (1), the Secretary of Defense shall submit to the congressional defense committees a report detailing the results of the pilot program.
(B)
added
Elements— The report required by subparagraph (A) shall include an assessment of the following:
(i)
added
The use of coupons by members who received coupons under the pilot program.
(ii)
added
The satisfaction of and feedback from such members relating to the coupons.
(iii)
added
The impact of providing the coupons on—
(I)
added
the rates at which such members used commissaries; and
(II)
added
the rates at which such members used dining facilities on their installations.
(iv)
added
Historical rates of use of dining facilities on installations and historical customer satisfaction metrics for such facilities, including the number of complaints with respect to such facilities submitted through the Interactive Customer Evaluation system of the Department of Defense.
(v)
added
The efficacy of the pilot program in—
(I)
added
reducing food insecurity rates among junior enlisted members;
(II)
added
increasing the availability of nutritious food options for such members at commissaries; and
(III)
added
increasing the availability of nutritious food options for such members generally, including such members living in unaccompanied housing.
(c)
added
Definitions— In this section:
(1)
added
Coupon— The term coupon means a voucher or monetary benefit for a member of the Armed Forces that may be used only at a commissary for the purchase of food.
(2)
added
Food— The term food means any food or food product intended for home consumption, including a ready-made food item.
Sec. 5721
Briefing on use of other transaction agreements for development of medical prototypes
added
(a)
added
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on how the use of other transaction agreements can expedite development of medical prototypes for assessment by end-user communities to address capability gaps in medical research by leveraging subject matter expertise, infrastructure, and resources to include developing, testing, and fielding prototype technologies and solutions for the military health system.
(b)
added
Elements— The briefing required under subsection (a) shall include an update on the following:
(1)
added
Current medical research and development efforts to support the health and readiness of members of the Armed Forces.
(2)
added
Efforts of the Department of Defense to establish partnerships with small businesses, academic institutions, and industry to facilitate the advancement of medical concepts and prototypes to protect, treat, and optimize health, performance, and survivability of members of the Armed Forces.
(3)
added
How the Department is addressing critical gaps in combat casualty care, including trauma care delivery, musculoskeletal injury, and wound management.
Sec. 5722
Report on integration of lifestyle and performance medicine and behaviors to support health and military readiness
added
added
Not later than December 1, 2026, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing recommendations on how to integrate lifestyle and performance medicine and behaviors (such as diet, exercise, and sleep) throughout the Department of Defense to support the health and military readiness of members of the Armed Forces.
Sec. 5723
Evaluation of certain research related to menopause, perimenopause, or mid-life women’s health
added
(a)
added
In general— The Secretary of Defense, in coordination with Secretary of Veterans Affairs, shall evaluate—
(1)
added
the results of completed research related to menopause, perimenopause, or mid-life women’s health among women who are members of the uniformed services or veterans;
(2)
added
the status of such research that is ongoing;
(3)
added
any gaps in knowledge and research on—
(A)
added
treatments for menopause-related symptoms, including hormone and non-hormone treatments;
(B)
added
the safety and effectiveness of treatments for menopause-related symptoms;
(C)
added
the relation of service in the uniformed services to perimenopause and menopause and the impact of such service on perimenopause and menopause; and
(D)
added
the impact of perimenopause and menopause on the mental health of women who are members of the uniformed services or veterans;
(4)
added
the availability of and uptake of professional training resources for covered providers relating to mid-life women’s health with respect to the care, treatment, and management of perimenopause and menopausal symptoms, and related support services; and
(5)
added
the availability of and uptake of treatments for women who are members of the uniformed services or veterans who are experiencing perimenopause or menopause.
(b)
added
Report; strategic plan— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Veterans Affairs shall each submit to Congress a report containing—
(1)
added
the findings of the evaluation conducted under subsection (a);
(2)
added
recommendations for improving professional training resources described in subsection (a)(4) for covered providers; and
(3)
added
a strategic plan that—
(A)
added
resolves the gaps in knowledge and research identified in the report; and
(B)
added
identifies topics in need of further research relating to potential treatments for menopause-related symptoms of women who are members of the uniformed services or veterans.
(c)
added
Nonduplication and supplementation of efforts— In carrying out activities under this section, the Secretary of Defense and the Secretary of Veterans Affairs shall ensure that such activities minimize duplication and supplement, not supplant, existing information-sharing efforts of the Department of Health and Human Services.
(d)
added
Sense of Congress on additional research related to menopause, perimenopause, or mid-life women’s health— It is the sense of Congress that the Secretary of Defense and the Secretary of Veterans Affairs should each conduct research related to menopause, perimenopause, or mid-life health regarding women who are members of the uniformed services or veterans.
(e)
added
Definitions— In this section:
(1)
added
Covered provider— The term covered provider means a health care provider employed by the Department of Defense or the Department of Veterans Affairs.
(2)
added
Menopause— The termmenopause means the stage of a woman’s life—
(A)
added
when menstrual periods stop permanently and she can no longer get pregnant; and
(B)
added
that is not a disease state, but a normal part of aging for women.
(3)
added
Mid-life— The termmid-life means a life stage that—
(A)
added
coincides with the menopausal transition in women, which may be physical or emotional;
(B)
added
encompasses the late reproductive age, which can begin at approximately 35 years of age, to the late postmenopausal stages of reproductive aging, which can extend to approximately 65 years of age; and
(C)
added
often marks the onset of many chronic diseases.
(4)
added
Perimenopause— The term perimenopause means the time during a woman's life when levels of the hormone estrogen fall unevenly in a woman’s body and is also called the menopausal transition.
(5)
added
Postmenopausal— The term postmenopausal means the stage of a woman's life after a woman has been without a menstrual period for 12 months that lasts for the rest of a woman’s life and reflects a time when women are at increased risk for osteoporosis and heart disease.
Sec. 5861
Repeals of existing laws to streamline the defense acquisition process
added
added
The text of section 868 is hereby deemed to read as follows:
added
“868. Repeals of existing law to streamline the defense acquisition process
added
“The following provisions are hereby repealed:
added
“(1) Section 3070 of title 10, United States Code.
added
“(2) Section 874 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. note prec. 3101).
added
“(3) Section 810 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. note prec. 3101).
added
“(4) Section 3106 of title 10, United States Code.
added
“(5) Section 8688 of title 10, United States Code.
added
“(6) Subsections (a)–(c) of section 804 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4356).
added
“(7) Section 822 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. note prec. 3201).
added
“(8) Section 892 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 3201 note).
added
“(9) Section 805 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 3201 note).
added
“(10) Section 802 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 3206 note).
added
“(11) Section 3208 of title 10, United States Code.
added
“(12) Section 852 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. note prec. 3241).
added
“(13) Subsections (a)–(f) of section 866 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. note prec. 3241).
added
“(14) Section 143 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. note prec. 3241).
added
“(15) Section 254 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. note prec. 3241).
added
“(16) Section 886 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. note prec. 3241).
added
“(17) Section 851 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 10 U.S.C. note prec. 3241).
added
“(18) Section 314 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. note prec. 3241).
added
“(19) Section 826 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106–398; 10 U.S.C. note prec. 3241).
added
“(20) Section 806 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 10 U.S.C. note prec. 3241).
added
“(21) Section 368 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 3303 note).
added
“(22) Section 875 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. note prec. 3344 ).
added
“(23) Section 816 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C. note prec. 3344).
added
“(24) Section 3373 of title 10, United States Code.
added
“(25) Section 883 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 3372 note).
added
“(26) Section 3455 of title 10, United States Code.
added
“(27) Section 3678 of title 10, United States Code.
added
“(28) Section 133 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 3678 note).
added
“(29) Section 891 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 3804 note).
added
“(30) Section 380 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 4001 note).
added
“(31) Section 1056 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 4001 note).
added
“(32) Section 1603 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 4007 note).
added
“(33) Section 1089 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 4025 note).
added
“(34) Section 812 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. note prec. 4061).
added
“(35) Section 235 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 4126 note).
added
“(36) Section 252 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. note prec. 4141).
added
“(37) Section 1043 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 4174 note).
added
“(38) Section 828 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. note prec. 4201).
added
“(39) Section 1252 of the Defense Procurement Reform Act of 1984 (Public Law 98–525; 10 U.S.C. 4205 note).
added
“(40) Section 812 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. note prec. 4211).
added
“(41) Section 806 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C. note prec. 4211).
added
“(42) Section 818 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. note prec. 4231).
added
“(43) Section 802(d)(2) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 4251 note).
added
“(44) Section 4271 of title 10, United States Code.
added
“(45) Section 814 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 4271 note).
added
“(46) Section 925(b) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 4271 note).
added
“(47) Section 812 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 4325 note).
added
“(48) Section 4423 of title 10, United States Code.
added
“(49) Section 831(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. note prec. 4501).
added
“(50) Section 863(a)–(h) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. note prec. 4501).
added
“(51) Section 832 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. note prec. 4501).
added
“(52) Section 883(e) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. note prec. 4571).
added
“(53) Section 938 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. note prec. 4571).
added
“(54) Section 1272 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 4571 note).
added
“(55) Section 2867 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 4571 note).
added
“(56) Section 215 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 4571 note).
added
“(57) Section 881 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 4571 note).
added
“(58) Section 804 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 4571 note).
added
“(59) Chapter 345 of title 10, United States Code.
added
“(60) Section 378 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 113 note).
added
“(61) Section 846(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 4811 note).
added
“(62) Section 932 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2224 note).
added
“(63) Section 849 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1487).
added
“(64) Section 804 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2402).
added
“(65) Section 881 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. note prec. 4601).
added
“(66) Section 802 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 10 U.S.C. note prec. 3062).
added
“(67) Section 913 of the Department of Defense Authorization Act, 1986 (Public Law 99–145; 10 U.S.C. note prec. 3201).
added
“(68) Section 821 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. note prec. 3451).
added
“(69) Section 824(a) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 3774 note).
added
“(70) Section 805 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. note prec. 3451).
added
“(71) Section 844(b) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 3453 note).
added
“(72) Section 238(b) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 4841 note).
added
“(73) Subtitle D of title II of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3175).
added
“(74) Section 214 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 4841 note).
added
“(75) Section 218 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 8013 note).
added
“(76) Section 229 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 4001 note).
added
“(77) Section 232 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 4001 note).
added
“(78) Section 222 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 4014 note).
added
“(79) Section 230 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note prec. 4061).
added
“(80) Section 843 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note prec. 4171).
added
“(81) Section 938 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. note prec. 4571).
added
“(82) Section 1651 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 4571 note).
added
“(83) Section 1064 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 4571 note).
added
“(84) Section 854 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 4571 note).”
Sec. 5862
Duty-free entry of supplies procured by Department of Defense
added
added
The text of section 874 is hereby deemed to read as follows:
added
“874. Duty-free entry of supplies procured by Department of Defense
added
“The Secretary of Defense shall—
added
“(1) track the impact of economic fluctuations, include tariffs, supply chain disruptions and inflation, on all major prime contracts entered into by the Department of Defense; and
added
“(2) not later than January 30, 2026, submit to the congressional defense committees a report that includes—
added
“(A) an assessment of cost increases to both the Department and contractors as a result of tariffs imposed under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) and section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862);
added
“(B) an assessment of the effects of such tariffs on supply chains and lead times for major defense platforms; and
added
“(C) a summary of agreements entered into under section 4851 of title 10, United States Code, and an assessment of the application of those agreements to the defense supply chain.”
Sec. 6011
Support for counterdrug activities and activities to counter transnational organized crime
added
added
The text of section 1033 is hereby deemed to read as follows:
added
“1033. Support for counterdrug activities and activities to counter transnational organized crime
added
“Subsection (h) of section 284 of title 10, United States Code, is amended—
added
“(1) in paragraph (1)—
added
“(A) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and
added
“(B) by inserting before subparagraph (B), as redesignated by subparagraph (A) of this paragraph, the following new subparagraph:
added
“(C) In the case of support for a purpose described in subsection (b)—
added
“(i) the agency to which support is provided;
added
“(ii) the budget, and anticipated delivery schedule for support;
added
“(iii) the source of funds provided for the project or purpose;
added
“(iv) a description of the arrangements, if any, for the sustainment of the project or purpose and the source of funds to support sustainment of the capabilities and performance outcomes achieved using such support, if applicable;
added
“(v) a description of the objectives for the project or purpose; and
added
“(vi) information, including the amount, type, and purpose, about the support provided the agency during the three fiscal years preceding the fiscal year for which the support covered by the notice is provided under this section with respect to—
added
“(I) this section;
added
“(II) counterdrug activities authorized by section 1033 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1811); or
added
“(III) any other significant program, account, or activity for the provision of security assistance that the Secretary of Defense and the Secretary of State consider appropriate. and
added
“(2) in paragraph (3)(B)(i), by striking “the Committees on Armed Services of the Senate and House of Representatives” and inserting “the congressional defense committees”.”
Sec. 6021
Taking or transmitting video of defense information prohibited
added
added
Section 793 of title 18, United States Code, is amended by inserting “video,” after “photographic negative,” each place such term appears.
Sec. 6022
Study and report
added
added
Not later than 1 year after the date of the enactment of this Act, the Securities and Exchange Commission shall—
(1)
added
conduct a study on the transparency and cooperation regarding—
(A)
added
brokers and dealers that are a member of a national securities association and registered with the Securities and Exchange Commission that are controlled by or organized under the laws of the People’s Republic of China; and
(B)
added
investment advisors registered with the Securities and Exchange Commission and controlled by or organized under the laws of the People’s Republic of China; and
(2)
added
submit to Congress a report that includes the results of the study conducted under paragraph (1).
Sec. 6023
International nuclear energy
added
(a)
added
Short title— This section may be cited as the “International Nuclear Energy Act of 2025”.
(b)
added
Definitions— In this section:
(1)
added
Advanced nuclear reactor— The term advanced nuclear reactor means—
(A)
added
a nuclear fission reactor, including a prototype plant (as defined in sections 50.2 and 52.1 of title 10, Code of Federal Regulations (or successor regulations)), with significant improvements compared to reactors operating on October 19, 2016, including improvements such as—
(i)
added
additional inherent safety features;
(ii)
added
lower waste yields;
(iii)
added
improved fuel and material performance;
(iv)
added
increased tolerance to loss of fuel cooling;
(v)
added
enhanced reliability or improved resilience;
(vi)
added
increased proliferation resistance;
(vii)
added
increased thermal efficiency;
(viii)
added
reduced consumption of cooling water and other environmental impacts;
(ix)
added
the ability to integrate into electric applications and nonelectric applications;
(x)
added
modular sizes to allow for deployment that corresponds with the demand for electricity or process heat; and
(xi)
added
operational flexibility to respond to changes in demand for electricity or process heat and to complement integration with intermittent renewable energy or energy storage;
(B)
added
a fusion machine (as defined in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014)); and
(C)
added
a radioisotope power system that utilizes heat from radioactive decay to generate energy.
(2)
added
Ally or partner nation— The term ally or partner nation means—
(A)
added
the Government of any country that is a member of the Organisation for Economic Co-operation and Development;
(B)
added
the Government of the Republic of India; and
(C)
added
the Government of any country designated as an ally or partner nation by the Secretary of State for purposes of this section.
(3)
added
Appropriate committees of Congress— The term appropriate committees of Congress means—
(A)
added
the Committees on Foreign Relations, Homeland Security and Governmental Affairs, and Energy and Natural Resources of the Senate; and
(B)
added
the Committees on Foreign Affairs and Energy and Commerce of the House of Representatives.
(4)
added
Associated entity— The term associated entity means an entity that—
(A)
added
is owned, controlled, or operated by—
(i)
added
an ally or partner nation; or
(ii)
added
an associated individual; or
(B)
added
is organized under the laws of, or otherwise subject to the jurisdiction of, a country described in paragraph (2), including a corporation that is incorporated in a country described in that paragraph.
(5)
added
Associated individual— The term associated individual means a foreign national who is a national of a country described in paragraph (2).
(6)
added
Civil nuclear— The term civil nuclear means activities relating to—
(A)
added
nuclear plant construction;
(B)
added
nuclear fuel services;
(C)
added
nuclear energy financing;
(D)
added
nuclear plant operations;
(E)
added
nuclear plant regulation;
(F)
added
nuclear medicine;
(G)
added
nuclear safety;
(H)
added
community engagement in areas in reasonable proximity to nuclear sites;
(I)
added
infrastructure support for nuclear energy;
(J)
added
nuclear plant decommissioning;
(K)
added
nuclear liability;
(L)
added
safe storage and safe disposal of spent nuclear fuel;
(M)
added
environmental safeguards;
(N)
added
nuclear nonproliferation and security; and
(O)
added
technology related to the matters described in subparagraphs (A) through (N).
(7)
added
Embarking civil nuclear nation—
(A)
added
In general— The term embarking civil nuclear nation means a country that—
(i)
added
does not have a civil nuclear energy program;
(ii)
added
is in the process of developing or expanding a civil nuclear energy program, including safeguards and a legal and regulatory framework, for—
(I)
added
nuclear safety;
(II)
added
nuclear security;
(III)
added
radioactive waste management;
(IV)
added
civil nuclear energy;
(V)
added
environmental safeguards;
(VI)
added
community engagement in areas in reasonable proximity to nuclear sites;
(VII)
added
nuclear liability; or
(VIII)
added
advanced nuclear reactor licensing;
(iii)
added
is in the process of selecting, developing, constructing, or utilizing advanced light water reactors, advanced nuclear reactors, or advanced civil nuclear technologies; or
(iv)
added
is eligible to receive development lending from the World Bank.
(B)
added
Exclusions— The term embarking civil nuclear nation does not include—
(i)
added
the People’s Republic of China;
(ii)
added
the Russian Federation;
(iii)
added
the Republic of Belarus;
(iv)
added
the Islamic Republic of Iran;
(v)
added
the Democratic People’s Republic of Korea;
(vi)
added
the Republic of Cuba;
(vii)
added
the Bolivarian Republic of Venezuela;
(ix)
added
any other country—
(I)
added
the property or interests in property of the government of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); or
(II)
added
the government of which the Secretary of State has determined has repeatedly provided support for acts of international terrorism for purposes of—
(aa)
added
section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a));
(bb)
added
section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d));
(cc)
added
section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i)); or
(dd)
added
any other relevant provision of law.
(8)
added
National Energy Dominance Council— The term National Energy Dominance Council means the National Energy Dominance Council established within the Executive Office of the President under Executive Order 14213 (90 Fed. Reg. 9945; relating to establishing the National Energy Dominance Council).
(9)
added
Secretary— The term Secretary means the Secretary of Energy.
(10)
added
Spent nuclear fuel— The term spent nuclear fuel has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
(11)
added
U.S. nuclear energy company— The term U.S. nuclear energy company means a company that—
(A)
added
is organized under the laws of, or otherwise subject to the jurisdiction of, the United States; and
(B)
added
is involved in the nuclear energy industry.
(c)
added
Nuclear exports working group—
(1)
added
Establishment— There is established a working group, to be known as the “Nuclear Exports Working Group” (referred to in this subsection as the working group).
(2)
added
Composition— The working group shall be composed of—
(A)
added
senior-level Federal officials, selected internally by the applicable Federal agency or organization, from any Federal agency or organization that the President determines to be appropriate; and
(B)
added
other senior-level Federal officials, selected internally by the applicable Federal agency or organization, from any other Federal agency or organization that the Secretary determines to be appropriate.
(3)
added
Reporting— The working group shall report to the President or 1 or more Federal officials designated by the President, if applicable.
(4)
added
Duties— The working group shall coordinate, not less frequently than quarterly, with the Civil Nuclear Trade Advisory Committee of the Department of Commerce, the Nuclear Energy Advisory Committee of the Department of Energy, and other advisory or stakeholder groups, as necessary, to maintain an accurate and up-to-date knowledge of the standing of civil nuclear exports from the United States, including with respect to meeting the targets established as part of the 10-year civil nuclear trade strategy described in paragraph (5)(A).
(A)
added
In general— Not later than 1 year after the date of enactment of this Act, the working group shall establish a 10-year civil nuclear trade strategy, including biennial targets for the export of civil nuclear technologies, including light water and non-light water reactors and associated equipment and technologies, civil nuclear materials, and nuclear fuel that align with meeting international energy demand while seeking to avoid or reduce emissions and prevent the dissemination of nuclear technology, materials, and weapons to adversarial nations and terrorist groups.
(B)
added
Collaboration required— In establishing the strategy under subparagraph (A), the working group shall collaborate with—
(i)
added
any Federal agency that the President determines to be appropriate; and
(ii)
added
representatives of private industry and experts in nuclear security and risk reduction, as appropriate.
(d)
added
Engagement with ally or partner nations—
(1)
added
In general— The President shall launch, in accordance with applicable nuclear technology export laws (including regulations), an international initiative to modernize the civil nuclear outreach to embarking civil nuclear nations.
(A)
added
In general— In carrying out the initiative described in paragraph (1), the President, acting through an appropriate Federal official, and in coordination with the officials described in subparagraph (B), may, if the President determines to be appropriate, seek to establish cooperative financing relationships for the export of civil nuclear technology, components, materials, and infrastructure to embarking civil nuclear nations.
(B)
added
Officials described— The officials referred to in subparagraph (A) are—
(i)
added
appropriate officials of any Federal agency that the President determines to be appropriate; and
(ii)
added
appropriate officials representing foreign countries and governments, including—
(I)
added
ally or partner nations;
(II)
added
embarking civil nuclear nations; and
(III)
added
any other country or government that the President (or 1 or more Federal officials designated by the President) and the officials described in clause (i) jointly determine to be appropriate.
(3)
added
Activities— In carrying out the initiative described in paragraph (1), the President shall—
(A)
added
assist nongovernmental organizations and appropriate offices, administrations, agencies, laboratories, and programs of the Department of Energy and other relevant Federal agencies and offices in providing education and training to foreign governments in nuclear safety, security, and safeguards—
(i)
added
through engagement with the International Atomic Energy Agency; or
(ii)
added
independently, if the applicable entity determines that it would be more advantageous under the circumstances to provide the applicable education and training independently;
(B)
added
assist the efforts of the International Atomic Energy Agency to expand the support provided by the International Atomic Energy Agency to embarking civil nuclear nations for nuclear safety, security, and safeguards;
(C)
added
coordinate with appropriate Federal departments and agencies on efforts to expand outreach to the private investment community and establish public-private financing relationships that enable the adoption of civil nuclear technologies by embarking civil nuclear nations, including through exports from the United States;
(D)
added
seek to better coordinate, to the maximum extent practicable, the work carried out by any Federal agency that the President determines to be appropriate; and
(E)
added
coordinate with the Export-Import Bank of the United States to improve the efficient and effective exporting and importing of civil nuclear technologies and materials.
(e)
added
Cooperative financing relationships with ally or partner nations and embarking civil nuclear nations—
(1)
added
In general— The President shall designate an appropriate White House official to coordinate with the officials described in subsection (d)(2)(B) to develop, as the President determines to be appropriate, financing relationships with ally or partner nations to assist in the adoption of civil nuclear technologies exported from the United States or ally or partner nations to embarking civil nuclear nations.
(2)
added
United States competitiveness clauses—
(A)
added
Definition of United States competitiveness clause— In this paragraph, the term United States competitiveness clause means any United States competitiveness provision in any agreement entered into by the Department of Energy, including—
(i)
added
a cooperative agreement;
(ii)
added
a cooperative research and development agreement; and
(iii)
added
a patent waiver.
(B)
added
Consideration— In carrying out paragraph (1), the relevant officials described in that paragraph shall consider the impact of United States competitiveness clauses on any financing relationships entered into or proposed to be entered into under that paragraph.
(C)
added
Waiver— The Secretary shall facilitate waivers of United States competitiveness clauses as necessary to facilitate financing relationships with ally or partner nations under paragraph (1).
(f)
added
Cooperation with ally or partner nations on advanced nuclear reactor demonstration and cooperative research facilities for civil nuclear energy—
(1)
added
In general— Not later than 2 years after the date of enactment of this Act, the Secretary of State, in coordination with the Secretary and the Secretary of Commerce, shall conduct bilateral and multilateral meetings with not fewer than 5 ally or partner nations, with the aim of enhancing nuclear energy cooperation among those ally or partner nations and the United States, for the purpose of developing collaborative relationships with respect to research, development, licensing, and deployment of advanced nuclear reactor technologies for civil nuclear energy.
(2)
added
Requirement— The meetings described in paragraph (1) shall include—
(A)
added
a focus on cooperation to demonstrate and deploy advanced nuclear reactors, with an emphasis on U.S. nuclear energy companies, during the 10-year period beginning on the date of enactment of this Act to provide options for addressing energy security and environmental impacts; and
(B)
added
a focus on developing a memorandum of understanding or any other appropriate agreement between the United States and ally or partner nations with respect to—
(i)
added
the demonstration and deployment of advanced nuclear reactors; and
(ii)
added
the development of cooperative research facilities.
(3)
added
Financing arrangements— In conducting the meetings described in paragraph (1), the Secretary of State, in coordination with the Secretary, the Secretary of Commerce, and the heads of other relevant Federal agencies and only after initial consultation with the appropriate committees of Congress, shall seek to develop financing arrangements to share the costs of the demonstration and deployment of advanced nuclear reactors and the development of cooperative research facilities with the ally or partner nations participating in those meetings.
(g)
added
International civil nuclear energy cooperation— Section 959B of the Energy Policy Act of 2005 (42 U.S.C. 16279b) is amended—
(1)
added
in the matter preceding paragraph (1), by striking “The Secretary” and inserting the following:
added
“(a) In general—The Secretary”
(2)
added
in subsection (a) (as so designated)—
(A)
added
in paragraph (1)—
(i)
added
by striking “financing,”; and
(ii)
added
by striking “and” after the semicolon at the end;
(B)
added
in paragraph (2)—
(i)
added
in subparagraph (A), by striking “preparations for”; and
(ii)
added
in subparagraph (C)(v), by striking the period at the end and inserting a semicolon; and
(C)
added
by adding at the end the following:
added
“(3) to support, with the concurrence of the Secretary of State, the safe, secure, and peaceful use of civil nuclear technology in countries developing nuclear energy programs, with a focus on countries that have increased civil nuclear cooperation with the Russian Federation or the People’s Republic of China; and
added
“(4) to promote the fullest utilization of the reactors, fuel, equipment, services, and technology of U.S. nuclear energy companies (as defined in subsection (b) of the International Nuclear Energy Act of 2025) in civil nuclear energy programs outside the United States through—
added
“(A) bilateral and multilateral arrangements developed and executed with the concurrence of the Secretary of State that contain commitments for the utilization of the reactors, fuel, equipment, services, and technology of U.S. nuclear energy companies (as defined in that subsection);
added
“(B) the designation of 1 or more U.S. nuclear energy companies (as defined in that subsection) to implement an arrangement under subparagraph (A) if the Secretary determines that the designation is necessary and appropriate to achieve the objectives of this section; and
added
“(C) the waiver of any provision of law relating to competition with respect to any activity related to an arrangement under subparagraph (A) if the Secretary, in consultation with the Attorney General and the Secretary of Commerce, determines that a waiver is necessary and appropriate to achieve the objectives of this section.”
(3)
added
by adding at the end the following:
added
“(b) Requirements—The program under subsection (a) shall be supported in consultation with the Secretary of State and implemented by the Secretary—
added
“(1) to facilitate, to the maximum extent practicable, workshops and expert-based exchanges to engage industry, stakeholders, and foreign governments with respect to international civil nuclear issues, such as—
added
“(A) training;
added
“(B) financing;
added
“(C) safety;
added
“(D) security;
added
“(E) safeguards;
added
“(F) liability;
added
“(G) advanced fuels;
added
“(H) operations; and
added
“(I) options for multinational cooperation with respect to the disposal of spent nuclear fuel (as defined in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101)); and
added
“(2) in coordination with any Federal agency that the President determines to be appropriate.
added
“(c) Authorization of appropriations—Of funds appropriated or otherwise made available to the Secretary to carry out the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) in fiscal years 2026 through 2030, the Secretary may use $15,500,000 to carry out this section.”
(h)
added
International civil nuclear program support—
(1)
added
In general— Not later than 120 days after the date of enactment of this Act, the Secretary of State, in coordination with the Secretary and 1 or more other Federal officials designated by the President, if applicable, shall launch an international initiative (referred to in this subsection as the initiative) to provide financial assistance to, and facilitate the building of technical capacities by, in accordance with this subsection, embarking civil nuclear nations for activities relating to the development of civil nuclear energy programs.
(2)
added
Financial assistance—
(A)
added
In general— In carrying out the initiative, the Secretary of State, in coordination with the Secretary and 1 or more other Federal officials designated by the President, if applicable, is authorized to award grants of financial assistance in amounts not greater than $5,500,000 to embarking civil nuclear nations in accordance with this paragraph—
(i)
added
for activities relating to the development of civil nuclear energy programs; and
(ii)
added
to facilitate the building of technical capacities for those activities.
(B)
added
Limitations— The Secretary of State, in coordination with the Secretary and 1 or more other Federal officials designated by the President, if applicable, may award—
(i)
added
not more than 1 grant of financial assistance under subparagraph (A) to any 1 embarking civil nuclear nation each fiscal year; and
(ii)
added
not more than a total of 5 grants of financial assistance under subparagraph (A) to any 1 embarking civil nuclear nation.
(3)
added
Senior advisors—
(A)
added
In general— In carrying out the initiative, the Secretary of State, in coordination with the Secretary and 1 or more other Federal officials designated by the President, if applicable, is authorized to provide financial assistance to an embarking civil nuclear nation for the purpose of contracting with a U.S. nuclear energy company to hire 1 or more senior advisors to assist the embarking civil nuclear nation in establishing a civil nuclear program.
(B)
added
Requirement— A senior advisor described in subparagraph (A) shall have relevant experience and qualifications to advise the embarking civil nuclear nation on, and facilitate on behalf of the embarking civil nuclear nation, 1 or more of the following activities:
(i)
added
The development of financing relationships.
(ii)
added
The development of a standardized financing and project management framework for the construction of nuclear power plants.
(iii)
added
The development of a standardized licensing framework for—
(I)
added
light water civil nuclear technologies; and
(II)
added
non-light water civil nuclear technologies and advanced nuclear reactors.
(iv)
added
The identification of qualified organizations and service providers.
(v)
added
The identification of funds to support payment for services required to develop a civil nuclear program.
(vi)
added
Market analysis.
(vii)
added
The identification of the safety, security, safeguards, and nuclear governance required for a civil nuclear program.
(viii)
added
Risk allocation, risk management, and nuclear liability.
(ix)
added
Technical assessments of nuclear reactors and technologies.
(x)
added
The identification of actions necessary to participate in a global nuclear liability regime based on the Convention on Supplementary Compensation for Nuclear Damage, with Annex, done at Vienna September 12, 1997 (TIAS 15–415).
(xi)
added
Stakeholder engagement.
(xii)
added
Management of spent nuclear fuel and nuclear waste.
(xiii)
added
Any other major activities to support the establishment of a civil nuclear program, such as the establishment of export, financing, construction, training, operations, and education requirements.
(C)
added
Clarification— Financial assistance under this paragraph is authorized to be provided to an embarking civil nuclear nation in addition to any financial assistance provided to that embarking civil nuclear nation under paragraph (2).
(4)
added
Limitation on assistance to embarking civil nuclear nations— Not later than 1 year after the date of enactment of this Act, the Offices of the Inspectors General for the Department of State and the Department of Energy shall coordinate—
(A)
added
to establish and submit to the appropriate committees of Congress a joint strategic plan to conduct comprehensive oversight of activities authorized under this subsection to prevent fraud, waste, and abuse; and
(B)
added
to engage in independent and effective oversight of activities authorized under this subsection through joint or individual audits, inspections, investigations, or evaluations.
(5)
added
Authorization of appropriations— Of funds appropriated or otherwise made available to the Secretary of State to carry out the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) in fiscal years 2026 through 2030, the Secretary of State may use $50,000,000 to carry out this subsection.
(i)
added
Biennial cabinet-level international conference on nuclear safety, security, safeguards, and sustainability—
(1)
added
In general— The President, in coordination with international partners, as determined by the President, and industry, shall hold a biennial conference on civil nuclear safety, security, safeguards, and sustainability (referred to in this subsection as a conference).
(2)
added
Conference functions— It is the sense of Congress that each conference should—
(A)
added
be a forum in which ally or partner nations may engage with each other for the purpose of reinforcing the commitment to—
(i)
added
nuclear safety, security, safeguards, and sustainability;
(ii)
added
environmental safeguards; and
(iii)
added
local community engagement in areas in reasonable proximity to nuclear sites; and
(i)
added
the development of—
(I)
added
joint commitments and goals to improve—
(aa)
added
nuclear safety, security, safeguards, and sustainability;
(bb)
added
environmental safeguards; and
(cc)
added
local community engagement in areas in reasonable proximity to nuclear sites;
(II)
added
stronger international institutions that support nuclear safety, security, safeguards, and sustainability;
(III)
added
cooperative financing relationships to promote competitive alternatives to Chinese and Russian financing;
(IV)
added
a standardized financing and project management framework for the construction of civil nuclear power plants;
(V)
added
a standardized licensing framework for civil nuclear technologies;
(VI)
added
a strategy to change internal policies of multinational development banks, such as the World Bank, to support the financing of civil nuclear projects;
(VII)
added
a document containing any lessons learned from countries that have partnered with the Russian Federation or the People’s Republic of China with respect to civil nuclear power, including any detrimental outcomes resulting from that partnership; and
(VIII)
added
a global civil nuclear liability regime;
(ii)
added
cooperation for enhancing the overall aspects of civil nuclear power, such as—
(I)
added
nuclear safety, security, safeguards, and sustainability;
(II)
added
nuclear laws (including regulations);
(III)
added
waste management;
(IV)
added
quality management systems;
(V)
added
technology transfer;
(VI)
added
human resources development;
(VII)
added
localization;
(VIII)
added
reactor operations;
(IX)
added
nuclear liability; and
(X)
added
decommissioning; and
(iii)
added
the development and determination of the mechanisms described in subparagraphs (G) and (H) of subsection (j)(1), if the President intends to establish an Advanced Reactor Coordination and Resource Center as described in that subsection.
(3)
added
Input from industry and government— It is the sense of Congress that each conference should include a meeting that convenes nuclear industry leaders and leaders of government agencies with expertise relating to nuclear safety, security, safeguards, or sustainability to discuss best practices relating to—
(A)
added
the safe and secure use, storage, and transport of nuclear and radiological materials;
(B)
added
managing the evolving cyber threat to nuclear and radiological security; and
(C)
added
the role that the nuclear industry should play in nuclear and radiological safety, security, and safeguards, including with respect to the safe and secure use, storage, and transport of nuclear and radiological materials, including spent nuclear fuel and nuclear waste.
(j)
added
Advanced reactor coordination and resource center—
(1)
added
In general— The President shall consider the feasibility of leveraging existing activities or frameworks or, as necessary, establishing a center, to be known as the “Advanced Reactor Coordination and Resource Center” (referred to in this subsection as the Center), for the purposes of—
(A)
added
identifying qualified organizations and service providers—
(i)
added
for embarking civil nuclear nations;
(ii)
added
to develop and assemble documents, contracts, and related items required to establish a civil nuclear program; and
(iii)
added
to develop a standardized model for the establishment of a civil nuclear program that can be used by the International Atomic Energy Agency;
(B)
added
coordinating with countries participating in the Center and with the Nuclear Exports Working Group established under subsection (c)—
(i)
added
to identify funds to support payment for services required to develop a civil nuclear program;
(ii)
added
to provide market analysis; and
(I)
added
project structure models;
(II)
added
models for electricity market analysis;
(III)
added
models for nonelectric applications market analysis; and
(IV)
added
financial models;
(C)
added
identifying and developing the safety, security, safeguards, and nuclear governance required for a civil nuclear program;
(D)
added
supporting multinational regulatory standards to be developed by countries with civil nuclear programs and experience;
(E)
added
developing and strengthening communications, engagement, and consensus-building;
(F)
added
carrying out any other major activities to support export, financing, education, construction, training, and education requirements relating to the establishment of a civil nuclear program;
(G)
added
developing mechanisms for how to fund and staff the Center; and
(H)
added
determining mechanisms for the selection of the location or locations of the Center.
(2)
added
Objective— The President shall carry out paragraph (1) with the objective of establishing the Center if the President determines that it is feasible to do so.
(k)
added
Strategic infrastructure fund working group—
(1)
added
Establishment— There is established a working group, to be known as the “Strategic Infrastructure Fund Working Group” (referred to in this subsection as the working group) to provide input on the feasibility of establishing a program to support strategically important capital-intensive infrastructure projects.
(2)
added
Composition— The working group shall be composed of—
(A)
added
senior-level Federal officials, selected by the head of the applicable Federal agency or organization, from any Federal agency or organization that the President determines to be appropriate;
(B)
added
other senior-level Federal officials, selected by the head of the applicable Federal agency or organization, from any other Federal agency or organization that the Secretary determines to be appropriate; and
(C)
added
any senior-level Federal official selected by the President or 1 or more Federal officials designated by the President from any Federal agency or organization.
(3)
added
Reporting— The working group shall report to the National Security Council.
(4)
added
Duties— The working group shall—
(A)
added
provide direction and advice to the officials described in subsection (d)(2)(B)(i) and appropriate Federal agencies, as determined by the working group, with respect to the establishment of a Strategic Infrastructure Fund (referred to in this paragraph as the Fund) to be used—
(i)
added
to support those aspects of projects relating to—
(I)
added
civil nuclear technologies; and
(II)
added
microprocessors; and
(ii)
added
for strategic investments identified by the working group; and
(B)
added
address critical areas in determining the appropriate design for the Fund, including—
(i)
added
transfer of assets to the Fund;
(ii)
added
transfer of assets from the Fund;
(iii)
added
how assets in the Fund should be invested; and
(iv)
added
governance and implementation of the Fund.
(5)
added
Briefing and report required—
(A)
added
Briefing— Not later than 180 days after the date of enactment of this Act, the working group shall brief the committees described in subparagraph (C) on the status of the development of the processes necessary to implement this subsection.
(B)
added
Report— Not later than 1 year after the date of the enactment of this Act, the working group shall submit to the committees described in subparagraph (C) a report on the findings of the working group that includes suggested legislative text for how to establish and structure a Strategic Infrastructure Fund.
(C)
added
Committees described— The committees referred to in subparagraphs (A) and (B) are—
(i)
added
the Committee on Foreign Relations, the Committee on Commerce, Science, and Transportation, the Committee on Armed Services, the Committee on Energy and Natural Resources, the Committee on Environment and Public Works, the Committee on Finance, and the Committee on Appropriations of the Senate; and
(ii)
added
the Committee on Foreign Affairs, the Committee on Energy and Commerce, the Committee on Armed Services, the Committee on Science, Space, and Technology, the Committee on Ways and Means, and the Committee on Appropriations of the House of Representatives.
(D)
added
Administration of the fund— The report submitted under subparagraph (B) shall include suggested legislative language requiring all expenditures from a Strategic Infrastructure Fund established in accordance with this subsection to be administered by the Secretary of State (or a designee of the Secretary of State).
(l)
added
Joint assessment between the United States and India on nuclear liability rules—
(1)
added
In general— The Secretary of State, in consultation with the heads of other relevant Federal departments and agencies, shall establish and maintain within the U.S.-India Strategic Security Dialogue a joint consultative mechanism with the Government of the Republic of India that convenes on a recurring basis—
(A)
added
to assess the implementation of the Agreement for Cooperation between the Government of the United States of America and the Government of India Concerning Peaceful Uses of Nuclear Energy, signed at Washington October 10, 2008 (TIAS 08–1206);
(B)
added
to discuss opportunities for the Republic of India to align domestic nuclear liability rules with international norms; and
(C)
added
to develop a strategy for the United States and the Republic of India to pursue bilateral and multilateral diplomatic engagements related to analyzing and implementing those opportunities.
(2)
added
Report— Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 5 years, the Secretary of State, in consultation with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a report that describes the joint assessment developed pursuant to paragraph (1)(A).
(m)
added
Rule of construction— Except as expressly stated in this section, nothing in this section may be construed to alter or otherwise affect the interpretation or implementation of section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) or any other provision of law, including the requirement that agreements pursuant to that section be submitted to Congress for consideration.
(n)
added
Sunset— This section and the amendments made by this section shall cease to have effect on the date that is 20 years after the date of enactment of this Act.
Sec. 6024
National registry of Korean American divided families
added
(a)
added
National registry—
(1)
added
In general— The Secretary of State, acting through the Special Envoy on North Korean Human Rights Issues, the Assistant Secretary of State for Consular Affairs, or such other individual as the Secretary may designate, shall—
(A)
added
engage, to the extent practicable, Korean American families who wish to be reunited with family members residing in North Korea from which such Korean American families were divided after the signing of the Agreement Concerning a Military Armistice in Korea, signed at Panmunjom July 27, 1953 (commonly referred to as the “Korean War Armistice Agreement” ), in anticipation of future reunions for such families and family members, including in-person and video reunions; and
(B)
added
establish a private, internal national registry of the names and other relevant information of such Korean American families—
(i)
added
to facilitate such future reunions; and
(ii)
added
to provide for a repository of information about such Korean American families and family members in North Korea, including information about individuals who may be deceased.
(2)
added
Disclosure of information— The Secretary of State may enter into agreements with Korean individuals and families, academic institutions, or other members of the public, as appropriate, to share, in whole or in part, information collected and housed in the database if—
(A)
added
the United States person whose personally identifiable information would be disclosed as a result of an agreement has provided consent to such disclosure; and
(B)
added
the agreement outlines reasonable steps and commitments to ensure that any information disclosed as a result of such agreement is—
(i)
added
kept private and confidential; and
(ii)
added
will not be disclosed improperly to other parties outside the agreement.
(b)
added
Actions to facilitate dialogue between the United States and North Korea—
(1)
added
In general— The Secretary of State should take steps to ensure that any direct dialogue between the United States and North Korea includes progress towards holding future reunions for Korean American families and their family members in North Korea.
(2)
added
Consultations— The Secretary of State shall consult with the Government of the Republic of Korea, as appropriate, in carrying out this subsection.
(3)
added
Reporting requirement—
(A)
added
In general— The Secretary of State, acting through the Special Envoy on North Korean Human Rights Issues, shall include in each report required under section 107(d) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7817(d)) a description of the consultations described in paragraph (2) conducted during the year preceding the submission of the report.
(B)
added
Elements— The reporting required under subparagraph (A) should include—
(i)
added
the status of the national registry established pursuant to subsection (a)(1)(B);
(ii)
added
the number of individuals included on the registry who—
(I)
added
have met their family members in North Korea during previous reunions; and
(II)
added
have yet to meet their family members in North Korea;
(iii)
added
a summary of responses by North Korea to requests by the United States Government to hold reunions of divided families; and
(iv)
added
a description of actions taken by North Korea that prevent the emigration of family members of Korean American families.
(c)
added
Appropriate congressional committees defined— In this section, the term appropriate congressional committees means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
Sec. 6025
Reports on food insecurity in Armed Forces
added
added
Not later than 5 years after the date of the enactment of this Act, and every 5 years thereafter, the Secretary of Defense shall submit to Congress a report on food insecurity in the Armed Forces.
Sec. 6026
Alignment of updates of strategic plan for the Manufacturing USA Program with updates to National Strategy for Advanced Manufacturing
added
(a)
added
In general— Paragraph (2) of section 34(i) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(i)) is amended—
(1)
added
in subparagraph (C), by striking “and update not less frequently than once every 3 years thereafter,”;
(2)
added
by redesignating subparagraphs (D) through (M) as subparagraphs (E) through (N), respectively; and
(3)
added
by inserting after subparagraph (C), the following new bsubparagraph:
added
“(D) to update the strategic plan developed under subparagraph (C) not less frequently than once every 4 years such that the planning cycle for the updates aligns with the planning cycle for updates to the National Strategy for Advanced Manufacturing required under section 102(c)(4) of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 6622(c)(4)) to better ensure the Program reflects the priorities of the national strategy;”
(b)
added
Conforming amendments— Such section is further amended—
(1)
added
in paragraph (3), by striking “paragraph (2)(C)” and inserting “subparagraphs (C) and (D) of paragraph (2)”; and
(2)
added
in paragraph (4), by striking “paragraph (2)(C)” and inserting “subparagraph (C) of paragraph (2) and any update to the plan required under subparagraph (D) of such paragraph”.
Sec. 6027
Extension of Defense Production Act of 1950
added
added
Section 717(a) of the Defense Production Act of 1950 (50 U.S.C. 4564(a)) is amended by striking “September 30, 2025” and inserting “September 30, 2026”.
Sec. 6028
Informational materials under the Foreign Agents Registration Act
added
(a)
added
Definition of informational material— Section 1 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611) is amended by inserting after subsection (p) the following:
added
“(q) Informational material—The term “informational material” means any material that a person disseminating the material believes or has reason to believe will, or that the person intends to in any way, influence any agency or official of the Government of the United States or any section of the public within the United States with reference to—
added
“(1) formulating, adopting, or changing the domestic or foreign policies of the United States; or
added
“(2) the political or public interests, policies, or relations of a government of a foreign country or a foreign political party.”
(b)
added
Filing and labeling of informational materials and requests for information or advice— Section 4 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 614) is amended—
(1)
added
in the section heading, by striking “political propaganda” and inserting “informational materials”;
(2)
added
in subsection (b), by inserting “that states the name of the foreign country in which the foreign principal is located, ” after “on behalf of the foreign principal,”; and
(3)
added
by striking subsection (e) and inserting the following:
added
“(e) Information furnished to agencies or officials of the United States Government—It shall be unlawful for any person within the United States who is an agent of a foreign principal required to register under the provisions of this Act to transmit, convey, or otherwise furnish to any agency or official of the Government (including a Member or committee of either House of Congress) for or in the interests of such foreign principal any informational material or to request from any such agency or official for or in the interests of such foreign principal any information or advice with respect to any matter pertaining to the political or public interests, policies, or relations of a foreign country or of a political party or pertaining to the foreign or domestic policies of the United States unless the informational material or the request is prefaced or accompanied by a true and accurate statement to the effect that such person is registered as an agent of such foreign principal under this Act.”
(c)
added
Reports to the Congress— Section 11 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 621) is amended by striking “political propaganda” and inserting “informational material”.
Sec. 6029
Credit monitoring
added
(a)
added
In general— The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended—
(1)
added
in section 605A(k) (15 U.S.C. 1681c–1(k))—
(A)
added
by striking paragraph (1) and inserting the following:
added
“(1) Definitions—In this subsection:
added
“(A) Armed forces—The term armed forces has the meaning given the term in section 101(a) of title 10, United States Code.
added
“(B) Armed forces member consumer—The term armed forces member consumer means a consumer who, regardless of duty status, is a member of the armed forces.”
(B)
added
in paragraph (2)(A), by striking “active duty military consumer” and inserting “armed forces member consumer”; and
(2)
added
in section 625(b)(1)(K) (15 U.S.C. 1681t(b)(1)(K)), by striking “active duty military consumers” and inserting “armed forces member consumers”.
(b)
added
Effective date— The amendments made by subsection (a) shall take effect on the date that is 1 year after the date of enactment of this Act.
Sec. 6030
Treatment of exemptions under the Foreign Agents Registration Act of 1938
added
(a)
added
Short title— This section may be cited as the “Preventing Adversary Influence, Disinformation, and Obscured Foreign Financing Act of 2025” or the “PAID OFF Act of 2025”.
(b)
added
Treatment of exemptions under the Foreign Agents Registration Act of 1938— Section 3 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 613), is amended—
(1)
added
in the matter preceding subsection (a), by inserting “, except as provided in subsection (i)” after “principals”; and
(2)
added
by adding at the end the following:
added
“(i) Limitations—The exemptions under subsections (d)(1), (d)(2), and (h) shall not apply to any agent of a foreign principal that is a corporate or government entity that is owned or controlled by 1 or more of the identified countries listed in clauses (i) through (v) of section 1(m)(1)(A) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m)(1)(A)).”
(c)
added
Mechanism to amend definition of “country of concern”— Section 1(m) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m)) is amended—
(1)
added
by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and
(2)
added
by inserting after paragraph (5) the following:
added
“(6) Modification to definition of country of concern
added
“(A) In general—The Secretary of State may, in consultation with the Attorney General, propose the addition or deletion of countries described in paragraph (1)(A).
added
“(B) Submission—Any proposal described in subparagraph (A) shall—
added
“(i) be submitted to the Chairman and Ranking Member of the Committee on Foreign Relations of the Senate and the Chairman and Ranking Member of the Committee on the Judiciary of the House of Representatives; and
added
“(ii) become effective upon enactment of a joint resolution of approval as described in subparagraph (C).
added
“(C) Joint resolution of approval
added
“(i) In general—For purposes of subparagraph (B)(ii), the term joint resolution of approval means only a joint resolution—
added
“(I) that does not have a preamble;
added
“(II) that includes in the matter after the resolving clause the following: “That Congress approves the modification of the definition of “country of concern” under section 1(m) of the State Department Basic Authorities Act of 1956, as submitted by the Secretary of State on ____; and section 1(m)(1)(A) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m)(1)(A)) is amended by ______.”, the blank spaces being appropriately filled in with the appropriate date and the amendatory language required to modify the list of countries in paragraph (1)(A) of this subsection by adding or deleting 1 or more countries; and
added
“(III) the title of which is as follows: “Joint resolution approving modifications to definition of “country of concern” under section 1(m) of the State Department Basic Authorities Act of 1956.”.
added
“(ii) Referral
added
“(I) Senate—A resolution described in clause (i) that is introduced in the Senate shall be referred to the Committee on Foreign Relations of the Senate.
added
“(II) House of Representatives—A resolution described in clause (i) that is introduced in the House of Representatives shall be referred to the Committee on the Judiciary of the House of Representatives.”
(d)
added
Sunset— The amendments made by this section shall terminate on the date that is 5 years after the date of enactment of this Act.
Sec. 6031
Drinking water well replacement for Chincoteague, Virginia
added
(a)
added
In general— Notwithstanding any other provision of law, the Administrator of the National Aeronautics and Space Administration may enter into an agreement, as appropriate, with the Town of Chincoteague, Virginia, for a period of up to five years, for reimbursement of the Town of Chincoteague's costs directly associated with—
(1)
added
the development of a plan for removal of drinking water wells currently situated on property administered by the National Aeronautics and Space Administration; and
(2)
added
the establishment of alternative drinking water wells on property under the administrative control, through lease, ownership, or easement, of the Town of Chincoteague.
(b)
added
Elements— An agreement under subsection (a) shall include, to the extent practicable—
(1)
added
a provision for the removal and relocation of the three remaining wells described in that subsection;
(2)
added
a description of the location of the site to which such wells will be relocated or are planned to be relocated; and
(3)
added
a current estimated cost of such relocation, including for the purchase, lease, or use of additional property, engineering, design, permitting, and construction.
(c)
added
Submission to Congress— Not later than 18 months after the date of the enactment of this Act, the Administrator of the National Aeronautics and Space Administration, in coordination with the heads or other appropriate representatives of relevant entities, shall submit to the appropriate committees of Congress any agreement entered into under subsection (a).
(d)
added
Appropriate committees of Congress defined— In this section, the term appropriate committees of Congress means—
(1)
added
the Committee on Commerce, Science, and Transportation of the Senate; and
(2)
added
the Committee on Science, Space, and Technology of the House of Representatives.
Sec. 6032
Report on implementation of artificial intelligence into certain anti-money laundering investigations
added
added
Not later than 180 days after the date of enactment of this Act, the Director of the Financial Crimes Enforcement Network of the Department of the Treasury, in consultation with the Chair of the Federal Deposit Insurance Corporation, Board of Governors of the Federal Reserve, the Comptroller of the Currency, and the Chair of the National Credit Union Administration, shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on the feasibility of implementing artificial intelligence into anti-money laundering investigations relating to activity by foreign terrorist organizations, drug cartels, and other transnational criminal organizations that addresses the following:
(1)
added
The types of investigations in which artificial intelligence would be helpful.
(2)
added
The types of artificial intelligence programs that would be effective in such investigations.
(3)
added
The types of schemes artificial intelligence would be best placed to detect.
(4)
added
Any potential issues to implementation of artificial intelligence in such investigations.
Sec. 6033
Keeping drugs out of schools
added
(a)
added
Definitions— In this section:
(1)
added
Director— The term Director means the Director of the Office of National Drug Control Policy.
(2)
added
Drug-Free Communities funded coalition— The term Drug-Free Communities funded coalition means a recipient of a grant under section 1032 of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1532).
(3)
added
Effective drug prevention programs— The term effective drug prevention programs, with respect to a school-community partnership between a Drug-Free Communities funded coalition and a local school, means strategies, policies, and activities that—
(A)
added
are tailored to meet the needs of the student population of the school, based on the environment of the school and the community surrounding the school; and
(B)
added
prevent and reduce substance use and misuse among local youth.
(4)
added
Eligible entity— The term eligible entity means a coalition (within the meaning of section 1032 of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1532)) that—
(A)
added
receives or has received a grant under subchapter I of chapter 2 of title I of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1523 et seq.); and
(B)
added
has a memorandum of understanding in effect with not less than 1 local school to establish a school-community partnership.
(5)
added
Local school— The term local school means an elementary, middle, or high school located in an area served by an eligible entity.
(6)
added
School-community partnership— The term school-community partnership means a partnership between a Drug-Free Communities funded coalition and not less than 1 local school for the purpose of implementing effective drug prevention programs.
(7)
added
Substance use and misuse— The term substance use and misuse—
(A)
added
has the meaning given the term in paragraph (9) of section 1023 of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1523); and
(B)
added
includes the use of electronic or other delivery mechanisms to consume a substance described in subparagraph (A), (B), or (C) of that paragraph.
(b)
added
Grants authorized—
(A)
added
Initial grants— Subject to paragraph (2), the Director may award grants to eligible entities for the purpose of implementing a school-community partnership.
(B)
added
Renewal grants— Subject to paragraph (2), the Director may award to an eligible entity who has received a grant under subparagraph (A) an additional grant for each fiscal year during the 3-fiscal-year period following the fiscal year for which the grant was awarded under subparagraph (A), for the purpose of continuing the school-community partnership.
(A)
added
Amount— The amount of a grant under this subsection may not exceed $75,000 for a fiscal year.
(B)
added
Recipients— Not more than 1 eligible entity may receive a grant under this subsection to establish a school-community partnership with a particular local school.
(c)
added
Interagency agreement— The Director may enter into an interagency agreement with a National Drug Control Program agency, as defined in section 702 of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701), to delegate authority for—
(1)
added
the execution of grants under this section; and
(2)
added
other activities necessary to carry out the responsibilities of the Director under this section.
(1)
added
In general— An eligible entity desiring a grant under this section, in coordination with each local school with which the eligible entity has a school-community partnership, shall submit to the Director an application at such time, in such manner, and accompanied by such information as the Director may require.
(2)
added
Plan— The application submitted under paragraph (1) shall include a detailed, comprehensive plan for the school-community partnership to implement effective drug prevention programs.
(1)
added
In general— An eligible entity receiving a grant under this section shall use funds from the grant—
(A)
added
to implement the plan described in subsection (d)(2); and
(B)
added
if necessary, to obtain specialized training and assistance from the organization receiving the grant under section 4(a) of Public Law 107–82 (21 U.S.C. 1521 note).
(2)
added
Supplement not supplant— Grants provided under this section shall be used to supplement, and not supplant, Federal and non-Federal funds that are otherwise available for drug prevention programs in local schools.
(f)
added
Evaluation— Section 1032(a)(6) of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1532(a)(6)) shall apply to a grant under this section in the same manner as that section applies to a grant under subchapter I of chapter 2 of subtitle A of title I of that Act (21 U.S.C. 1531 et seq.).
(g)
added
Authorization of appropriations—
(1)
added
In general— There are authorized to be appropriated to carry out this section $7,000,000 for each of fiscal years 2026 through 2031.
(2)
added
Administrative costs— Not more than 8 percent of the funds appropriated pursuant to paragraph (1) may be used by the Director for administrative expenses associated with the responsibilities of the Director under this section.
Sec. 6034
Disclosures by directors, officers, and principal stockholders
added
(a)
added
Short title— This section may be cited as the “Holding Foreign Insiders Accountable Act”.
(1)
added
Amendments— Section 16(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78p(a)) is amended—
(A)
added
in paragraph (1), by inserting “(including, solely for the purposes of this subsection, every person who is a director or an officer of a foreign private issuer, as that term is defined in section 240.3b–4 of title 17, Code of Federal Regulations, or any successor regulation)” after “an officer of the issuer of such security”;
(B)
added
in paragraph (2)—
(i)
added
in subparagraph (C), by striking the period at the end and inserting “; or”; and
(ii)
added
by adding at the end the following:
added
“(D) with respect to a foreign private issuer, the securities of which are, as of the date of enactment of the Holding Foreign Insiders Accountable Act, registered pursuant to subsection (b) or (g) of section 12, on the date that is 90 days after that date of enactment.”
(C)
added
in paragraph (4)(A), by inserting “and in English” after “electronically”.
(2)
added
Effective date— The amendments made by paragraph (1) shall take effect on the date that is 90 days after the date of enactment of this Act.
(c)
added
Effect on regulation— If any provision of section 240.3a12–3(b) of title 17, Code of Federal Regulations, or any successor regulation, is inconsistent with the amendments made by subsection (b), that provision of such section 240.3a12–3(b) (or such successor) shall have no force or effect beginning on the effective date described in subsection (b)(2).
(d)
added
Issuance or amendment of regulations—
(1)
added
In general— Not later than 90 days after the date of enactment of this Act, the Securities and Exchange Commission shall issue final regulations (or amend or rescind, in whole or in part, existing regulations of the Commission) to carry out the amendments made by subsection (b).
(2)
added
Additional rulemaking— The Securities and Exchange Commission may issue such additional regulations (or amend or rescind, in whole or in part, existing regulations of the Commission) as necessary to implement the intent of this section.
Sec. 6035
Requirement to testify
added
added
Section 104(b) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4703(b)) is amended by adding to the end the following:
added
“(5) Annual testimony—The Secretary of the Treasury (or a designee of the Secretary) shall, at the discretion of the chairman of the Committee on Banking, Housing, and Urban Affairs of the Senate and chairman of the Committee on Financial Services of the House of Representatives, annually testify before such committees (or a subcommittee of such committees) regarding the operations of the Fund during the previous fiscal year.”
Sec. 6036
CDFI bond guarantee program improvement
added
(a)
added
Short title— This Act may be cited as the “CDFI Bond Guarantee Program Improvement Act of 2025”.
(b)
added
Sense of Congress— It is the sense of Congress that the authority to guarantee bonds under section 114A of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4713a) (commonly referred to as the “CDFI Bond Guarantee Program”) provides community development financial institutions with a sustainable source of long-term capital and furthers the mission of the Community Development Financial Institutions Fund (established under section 104(a) of such Act (12 U.S.C. 4703(a)) to increase economic opportunity and promote community development investments for underserved populations and distressed communities in the United States.
(c)
added
Guarantees for bonds and notes issued for community or economic development purposes—
(1)
added
In general— Section 114A of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4713a) is amended—
(A)
added
in subsection (c)(2), by striking “, multiplied by an amount equal to the outstanding principal balance of issued notes or bonds”;
(B)
added
by amending subsection (e)(2) to read as follows:
added
“(2) Limitation on guarantee amount—The Secretary may not guarantee any amount under the program equal to less than $25,000,000, but the total of all such guarantees in any fiscal year may not exceed $1,000,000,000.”
(C)
added
in subsection (k), by striking “September 30, 2014” and inserting “the date that is 4 years after the later of the date of enactment of the CDFI Bond Guarantee Program Improvement Act of 2025 or December 31, 2029.”.
(2)
added
Clerical amendment— The table of contents in section 1(b) of the Riegle Community Development and Regulatory Improvement Act of 1994 (Public Law 103–325; 108 Stat. 2160) is amended by inserting after the item relating to section 114 the following:
(d)
added
Report on the CDFI bond guarantee program— Not later than 1 year after the date of enactment of this Act, and not later than 3 years after such date of enactment, the Secretary of the Treasury shall issue a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives 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. 6037
Capitalization assistance to enhance liquidity
added
(a)
added
In general— Section 113 of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4712) is amended—
(1)
added
by striking subsection (a) and inserting the following:
added
“(a) Assistance
added
“(1) In general—The Fund may provide funds to organizations for the purpose of—
added
“(A) purchasing loans that are originated by community development financial institutions, loan participations, or interests therein from community development financial institutions;
added
“(B) providing guarantees, loan loss reserves, or other forms of credit enhancement to promote liquidity for community development financial institutions; and
added
“(C) otherwise enhancing the liquidity of community development financial institutions.
added
“(2) Construction of Federal Government funds—For purposes of this subsection, notwithstanding section 105(a)(9) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)(9)), funds provided pursuant to such Act shall be considered to be Federal Government funds.”
(2)
added
by striking subsection (b) and inserting the following:
added
“(b) Selection
added
“(1) In general—The selection of organizations to receive assistance and the amount of assistance to be provided to any organization under this section shall be at the discretion of the Fund and in accordance with criteria established by the Fund.
added
“(2) Eligibility—Organizations eligible to receive assistance under this section—
added
“(A) shall have a primary purpose of promoting community development; and
added
“(B) are not required to be community development financial institutions.
added
“(3) Prioritization—For the purpose of making an award of funds under this section, the Fund shall prioritize the selection of organizations that—
added
“(A) demonstrate relevant experience or an ability to carry out the activities under this section, including experience leading or participating in loan purchase structures or purchasing or participating in the purchase of, assigning, or otherwise transferring, assets from community development financial institutions;
added
“(B) demonstrate the capacity to increase the number or dollar volume of loan originations or expand the products or services of community development financial institutions, including by leveraging the award with private capital; and
added
“(C) will use the funds to support community development financial institutions that represent broad geographic coverage or that serve borrowers that have experienced significant unmet capital or financial services needs.”
(3)
added
in subsection (c), in the first sentence—
(A)
added
by striking “$5,000,000” and inserting “$20,000,000”; and
(B)
added
by striking “during any 3-year period”; and
(4)
added
by adding at the end the following:
added
“(g) Regulations—The Secretary may promulgate such regulations as may be necessary or appropriate to carry out the authorities or purposes of this section.”
(b)
added
Emergency Capital Investment Funds— Section 104A of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4703a) is amended by striking subsection (l) and inserting the following:
added
“(l) Deposit of funds—All funds received by the Secretary in connection with purchases made pursuant this section, including interest payments, dividend payments, and proceeds from the sale of any financial instrument, shall be deposited into the Fund and used—
added
“(1) to provide financial assistance to organizations pursuant to section 113; and
added
“(2) to provide financial and technical assistance pursuant to section 108, except that subsection (e) of that section shall be waived.”
(c)
added
Annual reports—
(1)
added
Definitions— In this subsection, the terms community development financial institution and Fund have the meanings given the terms in section 103 of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4702).
(2)
added
Requirements— Not later than 1 year after the date on which assistance is first provided under section 113 of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4712) pursuant to the amendments made by subsection (a) of this section, and annually thereafter through 2028, the Secretary of the Treasury shall submit to Congress a written report describing the use of the Fund for the 1-year period preceding the submission of the report for the purposes described in subsection (a)(1) of such section 113, as amended by subsection (a) of this section, which shall include, with respect to the period covered by the report—
(A)
added
the total amount of—
(i)
added
loans, loan participations, and interests therein purchased from community development financial institutions;
(ii)
added
loans that support affordable housing construction; and
(iii)
added
guarantees, loan loss reserves, and other forms of credit enhancement provided to community development financial institutions;
(B)
added
the effect of the purchases and guarantees made by the Fund on the overall competitiveness of community development financial institutions; and
(C)
added
the impact of the purchases and guarantees made by the Fund on the liquidity of community development financial institutions.
Sec. 6038
Native CDFI relending program
added
added
Section 502 of the Housing Act of 1949 (42 U.S.C. 1472) is amended by adding at the end the following:
added
“(j) Set aside for native community development financial institutions
added
“(1) Definitions—In this subsection—
added
“(A) the term Alaska Native has the meaning given the term Native in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b));
added
“(B) the term appropriate congressional committees means—
added
“(i) the Committee on Agriculture of the Senate;
added
“(ii) the Committee on Indian Affairs of the Senate;
added
“(iii) the Committee on Banking, Housing, and Urban Affairs of the Senate;
added
“(iv) the Committee on Agriculture of the House of Representatives;
added
“(v) the Committee on Natural Resources of the House of Representatives; and
added
“(vi) the Committee on Financial Services of the House of Representatives;
added
“(C) the term community development financial institution has the meaning given the term in section 103 of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4702);
added
“(D) the term Indian Tribe has the meaning given the term Indian tribe in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103);
added
“(E) the term Native community development financial institution means an entity—
added
“(i) that has been certified as a community development financial institution by the Secretary of the Treasury;
added
“(ii) that is not less than 51 percent owned or controlled by members of Indian Tribes, Alaska Native communities, or Native Hawaiian communities; and
added
“(iii) for which not less than 51 percent of the activities of the entity serve Indian Tribes, Alaska Native communities, or Native Hawaiian communities;
added
“(F) the term Native Hawaiian has the meaning given the term in section 801 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4221); and
added
“(G) the term priority Tribal land means—
added
“(i) any land located within the boundaries of—
added
“(I) an Indian reservation, pueblo, or rancheria; or
added
“(II) a former reservation within Oklahoma;
added
“(ii) any land not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held—
added
“(I) in trust by the United States for the benefit of an Indian Tribe or an individual Indian;
added
“(II) by an Indian Tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or
added
“(III) by a dependent Indian community;
added
“(iii) any land located within a region established pursuant to section 7(a) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(a));
added
“(iv) Hawaiian Home Lands, as defined in section 801 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4221); or
added
“(v) those areas or communities designated by the Assistant Secretary of Indian Affairs of the Department of the Interior that are near, adjacent, or contiguous to reservations where financial assistance and social service programs are provided to Indians because of their status as Indians.
added
“(2) Purpose—The purpose of this subsection is to—
added
“(A) increase homeownership opportunities for Indian Tribes, Alaska Native Communities, and Native Hawaiian communities in rural areas; and
added
“(B) provide capital to Native community development financial institutions to increase the number of mortgage transactions carried out by those institutions.
added
“(3) Set aside for Native CDFIs—Of amounts appropriated to make direct loans under this section for each fiscal year, the Secretary may use not more than $50,000,000 to make direct loans to Native community development financial institutions in accordance with this subsection.
added
“(4) Application requirements—A Native community development financial institution desiring a loan under this subsection shall demonstrate that the institution—
added
“(A) can provide the non-Federal cost share required under paragraph (6); and
added
“(B) is able to originate and service loans for single family homes.
added
“(5) Lending requirements—A Native community development financial institution that receives a loan pursuant to this subsection shall—
added
“(A) use those amounts to make loans to borrowers—
added
“(i) who otherwise meet the requirements for a loan under this section; and
added
“(ii) who—
added
“(I) are members of an Indian Tribe, an Alaska Native community, or a Native Hawaiian community; or
added
“(II) maintain a household in which not less than 1 member is a member of an Indian Tribe, an Alaska Native community, or a Native Hawaiian community; and
added
“(B) in making loans under subparagraph (A), give priority to borrowers described in that subparagraph who are residing on priority Tribal land.
added
“(6) Non-Federal cost share
added
“(A) In general—A Native community development financial institution that receives a loan under this section shall be required to match not less than 20 percent of the amount received.
added
“(B) Waiver—In the case of a loan for which amounts are used to make loans to borrowers described in paragraph (5)(B), the Secretary shall waive the non-Federal cost share requirement described in subparagraph (A) with respect to those loan amounts.
added
“(7) Reporting
added
“(A) Annual report by Native CDFIs—Each Native community development financial institution that receives a loan pursuant to this subsection shall submit an annual report to the Secretary on the lending activities of the institution using the loan amounts, which shall include—
added
“(i) a description of the outreach efforts of the institution in local communities to identify eligible borrowers;
added
“(ii) a description of how the institution leveraged additional capital to reach prospective borrowers;
added
“(iii) the number of loan applications received, approved, and deployed;
added
“(iv) the average loan amount;
added
“(v) the number of finalized loans that were made on Tribal trust lands and not on Tribal trust lands; and
added
“(vi) the number of finalized loans that were made on priority Tribal land and not priority Tribal land.
added
“(B) Annual report to Congress—Not later than 1 year after the date of enactment of this subsection, and every year thereafter, the Secretary shall submit to the appropriate congressional communities a report that includes—
added
“(i) a list of loans made to Native community development financial institutions pursuant to this subsection, including the name of the institution and the loan amount;
added
“(ii) the percentage of loans made under this section to members of Indian Tribes, Alaska Native communities, and Native Hawaiian communities, respectively, including a breakdown of loans made to households residing on and not on Tribal trust lands; and
added
“(iii) the average loan amount made by Native community development financial institutions pursuant to this subsection.
added
“(C) Evaluation of program—Not later than 3 years after the date of enactment of this subsection, the Secretary and the Secretary of the Treasury shall conduct an evaluation of and submit to the appropriate congressional committees a report on the program under this subsection, which shall—
added
“(i) evaluate the effectiveness of the program, including an evaluation of the demand for loans under the program; and
added
“(ii) include recommendations relating to the program, including whether—
added
“(I) the program should be expanded to such that all community development financial institutions may make loans under the program to the borrowers described in paragraph (5); and
added
“(II) the set aside amount paragraph (3) should be modified in order to match demand under the program.
added
“(8) Grants for operational support
added
“(A) In general—The Secretary shall make grants to Native community development financial institutions that receive a loan under this section to provide operational support and other related services to those institutions, subject to—
added
“(i) the satisfactory performance, as determined by the Secretary, of a Native community development financial institution in carrying out this section; and
added
“(ii) the availability of funding.
added
“(B) Amount—A Native community development financial institution that receives a loan under this section shall be eligible to receive a grant described in subparagraph (A) in an amount equal to 20 percent of the direct loan amount received by the Native community development financial institution under the program under this section as of the date on which the direct loan is awarded.
added
“(9) Outreach and technical assistance—There is authorized to be appropriated to the Secretary $1,000,000 for each of fiscal years 2025, 2026, and 2027—
added
“(A) to provide technical assistance to Native community development financial institutions—
added
“(i) relating to homeownership and other housing-related assistance provided by the Secretary; and
added
“(ii) to assist those institutions to perform outreach to eligible homebuyers relating to the loan program under this section; or
added
“(B) to provide funding to a national organization representing Native American housing interests to perform outreach and provide technical assistance as described in clauses (i) and (ii), respectively, of subparagraph (A).
added
“(10) Administrative costs—In addition to other available funds, the Secretary may use not more than 3 percent of the amounts made available to carry out this subsection for administration of the programs established under this subsection.”
Sec. 6071
Short title
added
added
This subtitle may be cited as the “Deterring External Threats and Ensuring Robust Responses to Egregious and Nefarious Criminal Endeavors Act” or the “DETERRENCE Act”.
Sec. 6072
Kidnapping
added
added
Section 1201 of title 18, United States Code, is amended—
(1)
added
by redesignating subsection (h) as subsection (i);
(2)
added
by inserting after subsection (g) the following:
added
“(h) Sentence enhancements for offenses directed by or coordinated with foreign governments
added
“(1) In general—The sentence of a person convicted of an offense under subsection (a) may be increased by up to 10 years if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government.
added
“(2) Conspiracy—The sentence of a person convicted of conspiring to commit a violation of subsection (a) as part of a conspiracy under the elements specified in subsection (c) may be increased by up to 10 years if—
added
“(A) 1 or more of the persons involved in such conspiracy were knowingly acting in coordination with a foreign government or an agent of a foreign government; and
added
“(B) the person convicted of conspiring to commit a violation of subsection (a) knew that 1 or more of the persons involved in such conspiracy were knowingly acting in coordination with a foreign government or an agent of a foreign government.
added
“(3) Attempt—The sentence of a person convicted of an attempt to violate subsection (a) may be increased by up to 5 years if such attempt was knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government.”
(3)
added
in subsection (i), as so designated, by inserting “Definition.—” before “As used in this section”.
Sec. 6073
Use of interstate commerce facilities in the commission of murder-for-hire
added
(a)
added
In general— Section 1958 of title 18, United States Code, is amended—
(1)
added
by redesignating subsection (b) as subsection (c);
(2)
added
by inserting after subsection (a) the following:
added
“(b) Sentence enhancements for offenses directed by or coordinated with foreign governments—The sentence of a person convicted of an offense under subsection (a)—
added
“(1) may be increased by up to 5 years, if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government; and
added
“(2) may be increased by up to 10 years—
added
“(A) if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government; and
added
“(B) personal injury results.”
(3)
added
in subsection (c), as so redesignated, by inserting “Definitions.—” before “As used in this section”.
(b)
added
Technical and conforming amendments—
(1)
added
Section 2332b(g)(2) of title 18, United States Code, is amended by striking “section 1958(b)(2)” and inserting “section 1958”.
(2)
added
Section 1010A(d) of the Controlled Substances Import and Export Act (21 U.S.C. 960a(d)) is amended by striking “section 1958(b)(1)” and inserting “section 1958”.
Sec. 6074
Influencing, impeding, or retaliating against a federal official by threatening or injuring a family member
added
added
Section 115(b) of title 18, United States Code, is amended by adding at the end the following:
added
“(5) The sentence of a person convicted of an offense under subsection (a), if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government—
added
“(A) may be increased by up to 5 years if the offense committed was an assault involving physical contact with the victim of that assault or the intent to commit another felony;
added
“(B) may be increased by up to 10 years if—
added
“(i) the offense committed was an assault resulting in bodily injury (including serious bodily injury (as that term is defined in section 1365 of this title));
added
“(ii) the offense involved any conduct that, if the conduct occurred in the special maritime and territorial jurisdiction of the United States, would violate section 2241 or 2242 of this title; or
added
“(iii) a dangerous weapon was used during and in relation to the offense; and
added
“(C) may be increased by up to 10 years if the offense committed was a murder, attempted murder, or conspiracy to murder.”
added
Section 2261A of title 18, United States Code, is amended—
(1)
added
by striking “Whoever—” and inserting “(a) In general.—Except as provided in subsection (b), whoever—”; and
(2)
added
by adding at the end the following:
added
“(b) Enhanced penalties for offenses involving foreign governments—The sentence of a person convicted of an offense under paragraph (1) or (2) of subsection (a), if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government—
added
“(1) may be increased by up to 5 years if—
added
“(A) serious bodily injury (including permanent disfigurement or life threatening bodily injury) to the victim results;
added
“(B) the offender uses a dangerous weapon during the offense; or
added
“(C) the victim of the offense is under the age of 18 years;
added
“(2) may be increased by up to 10 years if death of the victim results; and
added
“(3) may be increased by up to 30 months in any other case.”
Sec. 6076
Protection of officers and employees of the United States
added
added
Section 1114 of title 18, United States Code, is amended—
(1)
added
by redesignating subsection (b) as subsection (c); and
(2)
added
by inserting after subsection (a) the following:
added
“(b) Sentence enhancements for offenses directed by or coordinated with foreign governments—The sentence of a person convicted of an offense under subsection (a) may be increased by up to 10 years if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government.”
Sec. 6077
Presidential and Presidential staff assassination, kidnapping, and assault
added
added
Section 1751 of title 18, United States Code, is amended—
(1)
added
by redesignating subsections (f) through (k) as subsections (g) through (i), respectively; and
(2)
added
by inserting after subsection (e) the following:
added
“(f)
added
“(1) The sentence of a person convicted of an offense under subsection (a), (b), or (c) may be increased by up to 10 years if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government.
added
“(2) The sentence of a person convicted of conspiring to kill or kidnap any individual designated in subsection (a) as part of a conspiracy under the elements specified in subsection (d) may be increased by up to 10 years if—
added
“(A) 1 or more of the persons involved in such conspiracy were knowingly acting in coordination with a foreign government or an agent of a foreign government; and
added
“(B) the person convicted of conspiring to kill or kidnap an individual designated in subsection (a) knew that 1 or more of the persons involved in such conspiracy were knowingly acting in coordination with a foreign government or an agent of a foreign government.
added
“(3) The sentence of a person convicted of an offense under subsection (e) may be increased by up to 10 years if—
added
“(A) the victim was any person designated in subsection (a)(1); and
added
“(B) such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government.
added
“(4) The sentence of a person convicted of an offense under subsection (e) may be increased by up to 10 years if—
added
“(A) the victim was any person designated in subsection (a)(2); and
added
“(B) such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government.
added
“(5) The sentence of a person convicted of an offense under subsection (e) may be increased by up to 10 years if—
added
“(A)
added
“(i) the offense involved the use of a dangerous weapon; or
added
“(ii) personal injury resulted; and
added
“(B) such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government.”
Sec. 6081
Short title
added
added
This subtitle may be cited as the “Guaranteeing Access and Innovation for National Artificial Intelligence Act of 2025” or the “GAIN AI Act of 2025”.
Sec. 6082
Sense of Congress
added
added
It is the sense of Congress that—
(1)
added
artificial intelligence is a transformative technology and United States policy should ensure that United States persons, including small businesses, startups, and universities, are in the best position to innovate and harness the potential of artificial intelligence;
(2)
added
the demand for advanced artificial intelligence chips far exceeds the supply, and United States persons are forced to wait many months, if not longer, to acquire the latest chips;
(3)
added
at the same time, United States chip developers are selling advanced artificial intelligence chips to entities in countries that are subject to a United States arms embargo or countries that have a close relationship with such countries, so that United States persons are unable to acquire such chips;
(4)
added
the production of such chips for sale to entities in countries described in paragraph (3) is taking up production capacity that would otherwise be used to fabricate chips for United States persons; and
(5)
added
it should be the policy of the United States and the Department of Commerce—
(A)
added
to deny licenses for the export of the most powerful artificial intelligence chips, including such chips with a total processing power of 4,800 or above; and
(B)
added
to restrict the export of less advanced artificial intelligence chips to foreign entities in countries of concern so long as United States entities are waiting and unable to acquire those same chips.
Sec. 6083
Prohibition on prioritizing countries of concern over United States persons for exports of advanced integrated circuits
added
added
Part I of the Export Control Reform Act of 2018 (50 U.S.C. 4811 et seq.) is amended by inserting after section 1758 the following:
added
“1758A. Control of exports of advanced integrated circuits
added
“(a) License requirement
added
“(1) In general—Except as provided by paragraph (2), the Under Secretary of Commerce for Industry and Security shall require a license for the export, reexport, or in-country transfer of an advanced integrated circuit or a product containing such a circuit.
added
“(2) Authority to exempt certain countries—The requirement for a license under paragraph (1) does not apply with respect to the export, reexport, or in-country transfer of an advanced integrated circuit or a product containing such a circuit to or in a country that is listed in Country Group A:4, A:5, or A:6 in Supplement No. 1 to part 740 of the Export Administration Regulations.
added
“(b) Certification of priority for United States customers for certain advanced integrated circuits
added
“(1) Certification requirement—The Under Secretary shall require a person submitting an application for a license to export, reexport, or in-country transfer an advanced integrated circuit or a product containing such a circuit to or in a country subject to a comprehensive United States arms embargo or a country of concern to certify in the application that—
added
“(A) United States persons had a right-of-first-refusal for the circuit or product, which means the person submitting the application—
added
“(i) upon reaching the decision to enter into a transaction for the sale of such a circuit or product to a person in a country subject to a comprehensive United States arms embargo or a country of concern, provided, in a manner accessible to United States persons, a notice of—
added
“(I) intent to sell the circuit or product to the person in that country; and
added
“(II) the terms of the transaction, including the price and quantity of the circuit or product involved in the transaction;
added
“(ii) allowed not less than 15 business days for United States persons to request to purchase the full quantity or a lesser quantity of the circuit or product on the terms (other than quantity) specified under clause (i); and
added
“(iii) provided preference to United States persons that requested to purchase the circuit or product over the person in the country described in clause (i); and
added
“(B) the person submitting the application—
added
“(i) has no current backlog of requests from United States persons for the circuit or product or a comparable circuit or product;
added
“(ii) cannot foresee the export, reexport, or in-country transfer of the circuit or product resulting in such a backlog or a reduction in the capacity of production lines for the production of the circuit or product for United States persons; and
added
“(iii) is not providing advantageous pricing or terms for the circuit or product to foreign persons that the person is not providing to United States persons.
added
“(2) Denial of applications without certification—If a certification described in paragraph (1) is not submitted with an application for a license described in that paragraph, the Under Secretary shall deny the application.
added
“(3) Implementation—Not later than 90 days after the date of the enactment of this section, the Under Secretary shall prescribe regulations providing guidance for complying with the certification requirement under paragraph (1), which shall include—
added
“(A) a description of the acceptable formats for the notice required by paragraph (1)(A)(i);
added
“(B) establishment of a portal that allows—
added
“(i) persons applying for a license under this section to submit details regarding intended sales of advanced integrated circuits and products containing such circuits; and
added
“(ii) United States persons to view those details and submit requests to purchase such circuits or products pursuant to paragraph (1)(A)(ii);
added
“(C) procedures for handling multiple requests for an intended sale of such a circuit or product, which shall allow for combining requests for lesser quantities of the circuit or product to match the full quantity offered for sale;
added
“(D) recordkeeping requirements;
added
“(E) penalties for misrepresentation and concealment of material facts; and
added
“(F) metrics and procedures by which to determine whether—
added
“(i) the export, reexport, or in-country transfer of a circuit or product would create—
added
“(I) a backlog of requests described in paragraph (1)(B)(i); or
added
“(II) a reduction in capacity described in paragraph (1)(B)(ii); and
added
“(ii) the person selling the circuit or product is providing advantageous pricing or terms described in paragraph (1)(B)(iii) to foreign persons.
added
“(c) Definitions
added
“(1) Advanced integrated circuit—In this section, the term advanced integrated circuit means an integrated circuit (as defined Export Control Classification Number 3A090 in the Commerce Control List) that has one or more digital processing units with—
added
“(A) a total processing performance of 2,400 or more and a performance density of 1.6 or more;
added
“(B) a total processing performance of 1,600 or more and a performance density of 3.2 or more; or
added
“(C) a total DRAM bandwidth of 1,400 gigabytes per second or more, interconnect bandwidth of 1,100 gigabytes per second or more, or a sum of DRAM bandwidth and interconnect bandwidth of 1,700 gigabytes per second or more.
added
“(2) Commerce Control List—In this section, the term Commerce Control List means the list set forth in Supplement No. 1 to part 774 of the Export Administration Regulations.
added
“(3) Country of concern—In this section, the term country of concern means a country that the Director of National Intelligence assesses is hosting, or has the intention of hosting, a military or intelligence facility associated with a country subject to a comprehensive United States arms embargo.
added
“(4) Performance density; total processing performance—In this section, the terms performance density and total processing performance have the meanings given those terms in, and are calculated as provided for under, Export Control Classification Number 3A090 in the Commerce Control List.”
Sec. 6101
Definition of defense industrial base facility for purposes of direct hire authority
added
added
Section 1125(c) of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 1580 note prec.; Public Law 114–328) is amended by inserting “and includes supporting units of a facility at an installation or base” after “United States”.
Sec. 6102
Public shipyard apprentice program
added
(a)
added
Fiscal year 2026 classes— During fiscal year 2026, the Secretary of the Navy shall induct, at each of the Navy shipyards, a class of not fewer than 100 apprentices.
(b)
added
Fiscal year 2027 costs— The Secretary of the Navy shall include the costs of the classes of Navy shipyard apprentices to be inducted in fiscal year 2027 in the materials of the Department of Defense supporting the fiscal year 2027 budget request submitted to Congress by the President pursuant to section 1105(a) of title 31, United States Code.
Sec. 6211
Repeal of Caesar Syria Civilian Protection Act of 2019
added
added
The Caesar Syria Civilian Protection Act of 2019 (title LXXIV of division F of Public Law 116–92; 22 U.S.C. 8791 note) is hereby repealed.
(b)
added
Report— Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter for the following 4 years, the President or his designee shall submit to Congress an unclassified report, with a classified annex if necessary, that certifies whether the Government of Syria—
(1)
added
has committed itself to the goal of eliminating the threat posed by ISIS and other terrorist groups and has worked in partnership with the United States to join as a member of the Global Coalition To Defeat ISIS;
(2)
added
is making progress in providing security for religious and ethnic minorities in Syria and includes representation from religious and ethnic minorities in the government;
(3)
added
is not taking unilateral, unprovoked military action against its neighbors, including the State of Israel, and continues to make progress towards international security agreements, as appropriate;
(4)
added
is not knowingly financing, assisting (monetarily or through weapons transfers), or harboring individuals or groups (including foreign terrorist organizations and specially designated global terrorists) that are harmful to the national security of the United States or allies and partners of the United States in the region;
(5)
added
has removed, or has taken steps to remove, foreign fighters from senior roles in the Government of Syria, including those in the state and security institutions of Syria; and
(6)
added
is in the process of investigating and has committed to prosecuting those that have committed serious abuses of internationally recognized human rights since December 8, 2024, including those responsible for the massacre of religious minorities.
(c)
added
Notification to the Government of Syria— The President or his designee shall inform the Government of Syria of the findings of the report required under subsection (b).
(d)
added
Sense of Congress on reimposition of sanctions— If the President or his designee is unable to make an affirmative certification under subsection (b) for two consecutive reporting periods, it is the sense of Congress that sanctions under the Caesar Syria Civilian Protection Act of 2019 (title LXXIV of division F of Public Law 116–92; 22 U.S.C. 8791 note) should be reimposed and remain in effect until the President or his designee makes an affirmative certification under subsection (b).
Sec. 6212
Countering Captagon production and distribution
added
added
The Secretary of State is authorize to establish a program that—
(1)
added
provides funding to rehabilitate border crossings in Syria; and
(2)
added
supports counter-narcotics, counterterrorism, and counter-weapons trafficking, particularly by personnel and ministries linked to the new Government of Syria.
Sec. 6221
Sense of Congress on Russia's illegal abduction of Ukrainian children
added
(a)
added
Findings— Congress finds the following:
(1)
added
Since the Russian Federation’s full-scale invasion of Ukraine in February 2022, the Russian Federation military forces and the Government of the Russian Federation have abducted, forcibly transferred, or facilitated the illegal deportation of at least 20,000 Ukrainian children.
(2)
added
The Russian Federation’s abduction, forcible transfer, and facilitation of the illegal deportation of Ukrainian children has left countless children and families with devastating physical and psychological trauma.
(b)
added
Sense of Congress— It is the sense of Congress that Congress—
(1)
added
condemns the Russian Federation’s abduction, forcible transfer, and facilitation of the illegal deportation of Ukrainian children; and
(2)
added
implores the Russian Federation to work with the international community to ensure the return, without delay, of all forcibly transferred Ukrainian children to their families.
Sec. 6222
Modification of annual report on military and security developments involving the Russian Federation to include an assessment on use of chemical weapons
added
added
Section 1234 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3936) is amended by adding at the end the following new paragraph:
added
“(27) An assessment of the use by the Russian Federation of chemical weapons (including chemical munitions) during the preceding year, which shall include an assessment of each of the following:
added
“(A) The use, as part of armed conflict, of any substance the use of which is prohibited by the Organization for the Prohibition of Chemical Weapons or any other chemicals the use of which is considered by the United States to be a violation of international obligations.
added
“(B) The use of chemical weapons or agents to kill, maim, or incapacitate individuals outside an armed conflict.
added
“(C) Any actions taken by the United States Government to hold the Russian Federation accountable for the actions described in subparagraphs (A) and (B).”
Sec. 6231
Modernizing the defense capabilities of the Philippines
added
(a)
added
Purpose— In addition to the purposes otherwise authorized for Foreign Military Financing with respect to the Philippines, the Secretary of State shall use the authorities under this section to—
(1)
added
strengthen the United States-Philippines alliance in accordance with the historic agreement reached at the United States-Philippines 2+2 Ministerial Dialogue on August 2, 2024;
(2)
added
enable the acceleration of phase three of the modernization of the Armed Forces of the Philippines;
(3)
added
provide additional information to the Chairs of the United States-Philippine Bilateral Security Dialogue to enable planning and prioritization of Joint Capability Areas (JCA);
(4)
added
support the execution of the Philippines-Security Sector Assistance Roadmap (P–SSAR); and
(5)
added
provide assistance, including equipment, training, and other support, to modernize the defense capabilities of the Armed Forces of the Philippines in order to—
(A)
added
safeguard the territorial sovereignty of the Philippines;
(B)
added
improve maritime domain awareness;
(C)
added
counter coercive military activities;
(D)
added
improve the military and civilian infrastructure and capabilities necessary to prepare for regional contingencies; and
(E)
added
strengthen cooperation between the United States and the Philippines on counterterrorism-related efforts.
(b)
added
Annual spending plan— Not later than March 1, 2026, and annually thereafter for a period of 4 years, the Secretary of State, in coordination with the Secretary of Defense, shall submit to the appropriate congressional committees a plan describing how amounts authorized to be appropriated pursuant to subsection (e), if made available, would be used to achieve the purpose described in subsection (a).
(c)
added
Annual report on enhancing the United States-Philippines defense relationship—
(1)
added
Report required— Not later than 270 days after the date of the enactment of this Act, and annually thereafter for a period of 4 years, the Secretary of State, in consultation with the Secretary of Defense, and in consultation with such other heads of Federal departments and agencies as the Secretary of State considers appropriate, shall submit to the appropriate congressional committees a report that describes steps taken to enhance the United States-Philippines defense relationship.
(2)
added
Matters to be included— Each report required under paragraph (1) shall include the following:
(A)
added
A description of the capabilities and defense infrastructure improvements needed to modernize the defense capabilities of the Philippines, including with respect to—
(i)
added
coastal defense;
(ii)
added
long-range fires;
(iii)
added
integrated air defenses;
(iv)
added
maritime security;
(v)
added
manned and unmanned aerial systems;
(vi)
added
mechanized ground mobility vehicles;
(vii)
added
intelligence, surveillance, and reconnaissance;
(viii)
added
defensive cybersecurity;
(ix)
added
military construction;
(x)
added
maintenance and sustainment of military capabilities; and
(xi)
added
any other defense capabilities that the Secretary of State determines, including jointly with the Philippines, are crucial to the defense of the Philippines.
(B)
added
An assessment of the absorptive capacity of the Armed Forces of the Philippines, including the coast guard, over the next 5 years.
(C)
added
A description of how statutory authorities under title 10, United States Code, including under section 333 of such title and authorities relating to unspecified minor military construction and overseas humanitarian, disaster, and civic aid, will be used to provide support for the Philippines-Security Sector Assistance Roadmap and the defense capabilities described in subparagraph (A), prioritized according to the assessment of the absorptive capacity of the Armed Forces of the Philippines required under subparagraph (B).
(3)
added
Form— Each report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex.
(d)
added
Foreign Military Financing loan and loan guarantee authority—
(A)
added
In general— During fiscal years 2026 through 2030, the Secretary of State may make direct loans available for the Philippines pursuant to section 23 of the Arms Export Control Act (22 U.S.C. 2763).
(B)
added
Maximum obligations— Gross obligations for the principal amounts of loans authorized under subparagraph (A) may not exceed $1,000,000,000.
(C)
added
Source of funds—
(i)
added
Defined term— In this subparagraph, the term cost—
(I)
added
has the meaning given such term in section 502(5) of the Congressional Budget Act of 1974 (2 U.S.C. 661a(5));
(II)
added
shall include the cost of modifying a loan authorized under subparagraph (A); and
(III)
added
may include the costs of selling, reducing, or cancelling any amounts owed to the United States or to any agency of the United States.
(ii)
added
In general— Amounts authorized to be appropriated under subsection (e) may be made available to pay for the cost of loans authorized under subparagraph (A).
(D)
added
Fees authorized—
(i)
added
In general— The Government of the United States may charge processing and origination fees for a loan made pursuant to subparagraph (A), not to exceed the cost to the Government of making such loan, which shall be collected from borrowers through a financing account (as defined in section 502(7) of the Congressional Budget Act of 1974 (2 U.S.C. 661a(7)).
(ii)
added
Limitation on fee payments— Amounts made available under any appropriations Act for any fiscal year may not be used to pay any fees associated with a loan authorized under subparagraph (A).
(E)
added
Repayment— Loans made pursuant to subparagraph (A) shall be repaid not later than 17 years after the loan is received by the borrower, including a grace period of not more than 1 year on repayment of principal.
(i)
added
In general— Notwithstanding section 23(c)(1) of the Arms Export Control Act (22 U.S.C. 2763(c)(1)), interest for loans made pursuant to subparagraph (A) may be charged at a rate determined by the Secretary of State.
(ii)
added
Treatment of loan amounts used to pay interest— Amounts made available under this paragraph for interest costs shall not be considered assistance for the purposes of any statutory limitation on assistance to a country.
(2)
added
Loan guarantees—
(A)
added
In general— Amounts authorized to be appropriated under subsection (e) may be made available for the costs of loan guarantees for the Philippines under section 24 of the Arms Export Control Act (22 U.S.C. 2764) for the Philippines to subsidize gross obligations for the principal amount of commercial loans and total loan principal, any part of which may be guaranteed.
(B)
added
Maximum amounts— Loan guarantees authorized under subparagraph (A)—
(i)
added
may be made only to the extent that the total loan principal, any part of which is guaranteed, does not exceed $1,000,000,000; and
(ii)
added
may not exceed 80 percent of the loan principal with respect to any single borrower.
(C)
added
Subordination— Any loan guaranteed pursuant to subparagraph (A) may not be subordinated to—
(i)
added
another debt contracted by the borrower; or
(ii)
added
any other claims against the borrower in the case of default.
(D)
added
Repayment— Repayment in United States dollars of any loan guaranteed under this paragraph shall be required not later than 17 years after the loan agreement is signed.
(E)
added
Fees— Notwithstanding section 24 of the Arms Export Control Act (22 U.S.C. 2764), the Government of the United States may charge processing and origination fees for a loan guarantee authorized under subparagraph (A), not to exceed the cost to the Government of such loan guarantee, which shall be collected from borrowers, or from third parties on behalf of such borrowers, through a financing account (as defined in section 502(7) of the Congressional Budget Act of 1974 (2 U.S.C. 661a(7)).
(F)
added
Treatments of loan guarantees— Amounts made available under this paragraph for the costs of loan guarantees authorized under subparagraph (A) shall not be considered assistance for the purposes of any statutory limitation on assistance to a country.
(G)
added
Commercial flexibility— Loan guarantees authorized under subparagraph (A) may be provided to entities doing business inside or outside the United States, notwithstanding any provision of the Arms Export Control Act (22 U.S.C. 2751 et seq.) that would otherwise limit eligibility for such guarantees based on geographic location or business operations.
(3)
added
Notification requirement— Amounts authorized to be appropriated to carry out this subsection may not be expended without prior notification of the appropriate committees of Congress.
(e)
added
Authorization of appropriations—
(1)
added
In general— In addition to amounts otherwise authorized to be appropriated for Foreign Military Financing, there is authorized to be appropriated to the Department of State for Foreign Military Financing grant assistance for the Philippines up to $500,000,000 for each of fiscal years 2026 through 2030.
(2)
added
Training— Of the amounts authorized to be appropriated pursuant to paragraph (1), not less than $500,000 is authorized to be appropriated each fiscal year for one or more blanket order agreements for Foreign Military Financing training programs related to the defense needs of the Philippines.
(f)
added
Sunset provision— Assistance may not be provided under this section after September 30, 2035.
(g)
added
Definitions— In this section:
(1)
added
Appropriate congressional committees— The term appropriate congressional committees means—
(A)
added
the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and
(B)
added
the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.
(2)
added
Blanket order agreement— The term blanket order agreement means an agreement between a foreign customer and the United States Government for a specific category of items or services (including training) that—
(A)
added
does not include a definitive list of items or quantities; and
(B)
added
specifies a dollar ceiling against which orders may be placed.
Sec. 6232
Strategy to respond to the PRC's global basing intentions
added
(a)
added
Short titles— This section may be cited as the “Combating PRC Overseas and Unlawful Networked Threats through Enhanced Resilience Act of 2025” or the “COUNTER Act of 2025”.
(b)
added
Findings— According to multiple sources, including the 2024 annual report to Congress, titled “Military and Security Developments Involving the People’s Republic of China” and known informally as the “China Military Power Report”—
(1)
added
the PRC is seeking to expand its overseas logistics and basing infrastructure to allow the PLA to project and sustain military power at greater distances;
(2)
added
a global PLA logistics network could give the PRC increased capabilities to surveil or disrupt United States military operations;
(3)
added
in August 2017, the PRC officially opened the first overseas PLA military base near the commercial port of Doraleh in Djibouti;
(4)
added
in 2019, the PRC also attempted to acquire strategically important port infrastructure at Subic Bay in the Philippines, but was stopped by the Governments of the United States, the Philippines, and Japan, and by private investors;
(5)
added
in April 2025, officials from the PRC and Cambodia officially inaugurated the China-Cambodia Ream Naval Base Joint Support and Training Center and celebrated the expansion of port facilities at Ream Naval Base, some of which appear to have been reserved for the use of PRC ships that have been continuously stationed at Ream Naval Base since December 2023; and
(6)
added
in addition to the base in Djibouti and the PRC's access to the port at the Ream Naval Base in Cambodia, the PRC is likely pursuing access to additional military facilities to support naval, air, and ground forces projection in many countries.
(c)
added
Sense of Congress— While the executive branch has undertaken case-by-case efforts to forestall the establishment of new PRC permanent military presence in several countries, it is the sense of Congress that future efforts to counter the PRC's global basing intentions must—
(1)
added
proceed with the urgency required to address the strategic implications of the PRC’s actions;
(2)
added
reflect sufficient interagency coordination with respect to a problem that necessitates a whole-of-government approach;
(3)
added
ensure that the United States Government maintains a proactive posture rather than a reactive posture in order to maximize strategic decision space;
(4)
added
identify a comprehensive menu of actions that would be influential in shaping a partner’s decision making regarding giving the PRC military access to its sovereign territory;
(5)
added
appropriately prioritize the subject of the PRC's global basing intentions within the context of the overall United States strategic competition with the PRC;
(6)
added
consider how the PRC uses commercial and scientific cooperation as a guise for establishing access for the PLA and other PRC security forces in foreign countries;
(7)
added
factor in the potential contributions of key allies and partners to help respond to the PRC's pursuit of global basing, many of which—
(A)
added
have historic ties and influence in many of the geographic areas the PRC is targeting for potential future bases; and
(B)
added
rely on the same basic intelligence picture to form our baseline understanding of the PRC’s global intentions;
(8)
added
establish and ensure sufficient resourcing for enduring organizational structures and security and foreign assistance and cooperation efforts to effectively address the issue of PRC global basing intentions; and
(9)
added
ensure that future force posture, freedom of movement, and other interests of the United States and our allies are not jeopardized by the continued expansion of PRC bases.
(d)
added
Definitions— In this section:
(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 Armed Services of the Senate;
(C)
added
the Select Committee on Intelligence of the Senate;
(D)
added
the Committee on Appropriations of the Senate;
(E)
added
the Committee on Foreign Affairs of the House of Representatives;
(F)
added
the Committee on Armed Services of the House of Representatives;
(G)
added
the Permanent Select Committee on Intelligence of the House of Representatives; and
(H)
added
the Committee on Appropriations of the House of Representatives.
(2)
added
PLA— The term PLA means the People's Liberation Army of the PRC.
(3)
added
PRC— The term PRC means the People's Republic of China.
(4)
added
PRC global basing— The term PRC global basing means the establishment of physical locations outside the geographic boundaries of the PRC where the PRC maintains some element of the People’s Liberation Army, PRC intelligence or security forces, or infrastructure designed to support the presence of PRC military, intelligence, or security forces, for the purposes of potential power projection.
(e)
added
Assessment of executive branch's C–PRC global basing strategy— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit an intelligence assessment, in classified form, if needed, to the appropriate congressional committees. The assessment shall analyze the risk posed by PRC global basing to the United States or to any United States allies with respect to their ability to project power, maintain freedom of movement, and protect other interests as a function of the PRC's current or potential locations identified pursuant to subsection (f)(2)(A).
(1)
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 Defense and other appropriate senior Federal officials, shall submit a strategy to the appropriate congressional committees that contains the information described in paragraph (2).
(2)
added
Contents— The strategy required under paragraph (1) shall—
(A)
added
identify not fewer than 5 locations that pose the greatest potential risks, as identified in the assessment required under subsection (e), where the PRC maintains a physical presence, or is suspected to be seeking a physical presence, which could ultimately transition into a PRC global base;
(B)
added
include a comprehensive listing of executive branch entities currently involved in addressing aspects of PRC global basing, including estimated programmatic and personal resource requirements on an agency-by-agency basis to effectively address the issue of PRC global basing intentions, and any relevant resource constraints;
(C)
added
describe in detail all executive branch efforts to mitigate the impacts to the national interests of the United States and partner countries of the locations referred to in subparagraph (A) and prevent the PRC from establishing new global bases, including with resources described in subparagraph (B); and
(D)
added
for each of the locations referred to in subparagraph (A), identify the actions by the United States or its allies that would be most effective in ensuring the respective foreign governments terminate plans for hosting a PRC base.
(g)
added
Task force— Not later than 90 days after submitting the strategy described in subsection (f), the Secretary of State, in coordination with the Secretary of Defense and other appropriate senior Federal officials, shall establish an interagency task force—
(1)
added
to implement such strategy to counter the PRC’s efforts at the locations of chief concern; and
(2)
added
to identify mitigation measures that would prevent the PRC from establishing new bases in locations beyond the locations of chief concern identified pursuant to subsection (f)(2)(A).
(h)
added
Quadrennial reviews and reports— Not later than 4 years after the submission of the strategy required under subsection (f), and not less frequently than once every 4 years thereafter, the Secretary of State, in coordination with the Secretary of Defense, the Director of National Intelligence, and other appropriate senior Federal officials, shall—
(1)
added
conduct a review of the Executive Branch’s strategy and overall approach in response to the PRC global basing intentions; and
(2)
added
submit the results of such review, including the information described in subsection (f)(2), to the appropriate congressional committees.
Sec. 6233
Strategy to strengthen multilateral deterrence in the Indo-Pacific region
added
(a)
added
In general— The Secretary of Defense, in coordination with the Secretary of State, shall develop and implement a strategy to strengthen multilateral deterrence against regional aggression in the Indo-Pacific region by expanding multilateral coordination with United States allies and partners in the Indo-Pacific region, particularly Japan, the Republic of Korea, the Philippines, and Australia, including by enhancing multilateral access and basing agreements, command and control structures, intelligence-sharing, and exercises and operations.
(b)
added
Elements— The strategy required by subsection (a) shall—
(1)
added
describe current activities and identify future actions to be taken over the next 5 years by the Department of Defense—
(A)
added
to leverage reciprocal access agreements between the United States and allies and partners in the Indo-Pacific region, particularly Japan, the Republic of Korea, the Philippines, and Australia, to expand regional access for the military forces of such allies and partners, including for purposes of enhancing interoperability at locations across the Indo-Pacific region, pre-positioning munitions stockpiles, and jointly supporting and leveraging shared facilities, operational access, and infrastructure;
(B)
added
to improve command and control structures enabling enhanced multilateral coordination with allies and partners in the Indo-Pacific region, including through the Combined Coordination Center in the Philippines, the joint force headquarters of the United States in Japan, the Combined Forces Command in the Republic of Korea, and a potential combined coordination structure in Australia;
(C)
added
to expand intelligence-sharing and maritime domain awareness among the United States and allies and partners in the Indo-Pacific region, including through the Bilateral Intelligence Analysis Cell in Japan and the Combined Coordination Center in the Philippines; and
(D)
added
to expand the scope and scale of multilateral military exercises and operations as well as basing infrastructure and posture in the Indo-Pacific region, particularly among the United States, Japan, the Republic of Korea, the Philippines, and Australia, including more frequent combined maritime operations through the Taiwan Strait, the South China Sea, and the Aleutian Islands;
(2)
added
fully consider strategic and operational contingencies for security of likely military and economic avenues of approach and trade routes across the South, Central, and North Indo-Pacific region; and
(3)
added
address the conduct of operations in accordance with such strategic and operational contingencies.
(c)
added
Submission— 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 the written strategy required by subsection (a), including an identification of—
(1)
added
any changes to funding or policy required to strengthen multilateral deterrence among the United States and allies and partners in the Indo-Pacific region against regional aggression; and
(2)
added
any additional resources required to carry out specific initiatives described in subsection (b), such as expanding regional access to the military forces of such allies and partners, improving command and control structures, expanding intelligence-sharing and maritime domain awareness, and expanding the scope and scale of multilateral exercises and operations in the Indo-Pacific region.
(d)
added
Interim report on implementation— Not later than March 15, 2027, the Secretary of Defense shall submit to the appropriate congressional committees a report on the progress of the implementation of the strategy required by subsection (a), including any resource or authority gaps identified in the ability of the Department of Defense to implement the strategy.
(e)
added
Definitions— In this section:
(1)
added
Appropriate congressional committees— The term appropriate congressional committees means—
(A)
added
the congressional defense committees; and
(B)
added
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
(2)
added
Indo-Pacific Region— The term Indo-Pacific region means—
(A)
added
the geographical area encompassing the area of responsibility of the United States Indo-Pacific Command; and
(B)
added
the Alaska theater of operations, including the entirety of the State of Alaska and the entirety of the oceans or other such maritime features bordering the State of Alaska.
Sec. 6240A
Short title
added
added
This subtitle may be cited as the “AUKUS Improvement Act of 2025”.
Sec. 6240B
Flexibility with respect to certain Arms Export control Act and other arms transfer requirements
added
added
Section 38(l) of the Arms Export Control Act (22 U.S.C. 2778(l)) is amended by adding at the end the following new paragraph:
added
“(8) Exemption from certain requirements
added
“(A) In general—Defense articles sold by the United States under this Act, whether pursuant to the exemption authorized under this section or identical to defense articles eligible for export under that exemption, may be reexported, retransferred or temporarily imported exclusively between the Government of Australia, the Government of the United Kingdom, or entities eligible under section 126.7(b)(2) of title 22 of the Code of Federal Regulations, or successor regulations, notwithstanding the requirement for the consent of the President under section 3(a)(2) of this Act, or under section 505(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2314(a)(1)(B).
added
“(B) Intra-company, intra-organizational, and intra-governmental transfers—Intra-company, intra-organization, and intra-governmental transfers related to defense articles and defense services described under subparagraph (A) are authorized between officers, employees, and agents who satisfy section 120.64 of title 22 of the Code of Federal Regulations, or successor regulations, including dual or third country nationals who satisfy section 126.18 of title 22 of the Code of Federal Regulations, or successor regulations.”
Sec. 6240C
Elimination of certification requirement for commercial technical assistance or manufacturing license agreements involving Australia and the United Kingdom
added
added
Manufacturing Licensing Agreements and Technical Licensing Agreements for Australia and the United Kingdom that do not involve defense articles that are not subject to the licensing exemption under section 38(l) of the Arms Export Control Act (22 U.S.C. 2778(l)) are not subject to the requirements for congressional notification pursuant to section 36(d) of that Act (22 U.S.C. 2776(d)).
Sec. 6241
Modification of certain temporary authorizations related to munitions replacement
added
(a)
added
In general— Section 1244 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2844) is amended—
(1)
added
in the section heading, by striking “and Israel” and inserting “Israel, and the United States defense industrial base ”; and
(2)
added
in subsection (a)—
(A)
added
in paragraph (1), by striking “or Israel” each place it appears and inserting “Israel, or the United States defense industrial base”; and
(B)
added
in paragraph (5), by striking “or Israel” each place it appears and inserting “Israel, or the United States defense industrial base”.
(b)
added
Clerical amendments—
(1)
added
The table of contents at the beginning of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2395) is amended by striking the item relating to section 1244 and inserting the following:
(2)
added
The table of contents at the beginning of title XII of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2820) is amended by striking the item relating to section 1244 and inserting the following:
Sec. 6242
Disposition of weapons and materiel in transit from Iran to Houthis in Yemen
added
(a)
added
Disposition of weapons and materiel— The President may treat as stocks of the United States any weapon or materiel seized by the United States while in transit from the Islamic Republic of Iran to the Houthis in the Republic of Yemen.
(b)
added
Drawdown authority— Section 506(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)) is amended by adding at the end the following new paragraph:
added
“(4) In addition to amounts otherwise specified in this section, the President may direct the drawdown of weapons and materiel treated as stocks of the United States, seized pursuant to section 126_(a) of the National Defense Authorization Act for Fiscal Year 2026, to be provided to foreign partners.”
(c)
added
Report— Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate committees of Congress a report that includes the following:
(1)
added
The number of times the President exercised the authority under subsection (a).
(2)
added
An inventory of the weapons and materiel treated as United States stocks pursuant to such authority.
(3)
added
An inventory of the weapons and materiel provided to foreign partners pursuant to the authority provided in paragraph (4) of section 506(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)).
(d)
added
Appropriate committees of Congress defined— In this section, the term “appropriate committees of Congress” 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. 6251
Short title
added
added
This subtitle may be cited as the “Taiwan Non-Discrimination Act of 2025”.
added
Congress finds as follows:
(1)
added
As enshrined in its Articles of Agreement, the International Monetary Fund (IMF) is devoted to promoting international monetary cooperation, facilitating the expansion and balanced growth of international trade, encouraging exchange stability, and avoiding competitive exchange depreciation.
(2)
added
Taiwan is the 21st largest economy in the world and the 10th largest goods trading partner of the United States.
(3)
added
Although Taiwan is not an IMF member, it is a member of the World Trade Organization, the Asian Development Bank, and the Asia-Pacific Economic Cooperation forum.
(4)
added
According to the January 2020 Report on Macroeconomic and Foreign Exchange Policies of Major Trading Partners of the United States, published by the Department of the Treasury, Taiwan held $471,900,000,000 in foreign exchange reserves, more than major economies such as India, South Korea, and Brazil.
(5)
added
According to section 4(d) of the Taiwan Relations Act (Public Law 96–8), enacted on April 10, 1979, “Nothing in this Act may be construed as a basis for supporting the exclusion or expulsion of Taiwan from continued membership in any international financial institution or any other international organization.”.
(6)
added
Taiwan held membership in the IMF for 9 years following the recognition of the People’s Republic of China (PRC) by the United Nations, and 16 Taiwan staff members at the Fund were allowed to continue their employment after the PRC was seated at the IMF in 1980. As James M. Boughton has noted in his Silent Revolution: The International Monetary Fund 1979–1989, even as the PRC was seated, the United States Executive Director to the IMF, Sam Y. Cross, expressed support on behalf of the United States Government for “some kind of association between Taiwan and the Fund”.
(7)
added
On September 27, 1994, in testimony before the Senate Committee on Foreign Relations regarding the 1994 Taiwan Policy Review, then-Assistant Secretary of State for East Asian and Pacific Affairs Winston Lord stated: “Recognizing Taiwan’s important role in transnational issues, we will support its membership in organizations where statehood is not a prerequisite, and we will support opportunities for Taiwan’s voice to be heard in organizations where its membership is not possible.”.
(8)
added
The Congress has repeatedly reaffirmed support for this policy, including in Public Laws 107–10, 107–158, 108–28, 108–235, 113–17, and 114–139, and the unanimous House and Senate passage of the Taiwan Allies International Protection and Enhancement Initiative (TAIPEI) Act of 2019.
(9)
added
In its fact sheet, entitled “U.S. Relations with Taiwan”, published on August 31, 2018, the Department of State asserts: “The United States supports Taiwan’s membership in international organizations that do not require statehood as a condition of membership and encourages Taiwan’s meaningful participation in international organizations where its membership is not possible.”.
(10)
added
According to the Articles of Agreement of the IMF, “membership shall be open to other countries”, subject to conditions prescribed by the Board of Governors of the IMF.
(11)
added
In the IMF publication “Membership and Nonmembership in the International Monetary Fund: A Study in International Law and Organization”, Joseph Gold, the then-General Counsel and Director of the Legal Department of the IMF, elaborated on the differences between the terms countries and states, noting that “the word “country” may have been adopted because of the absence of agreement on the definition of a “state”” and, with respect to the use of “countries” and applications for IMF membership, “the absence of any adjective in the Articles emphasizes the breadth of the discretion that the Fund may exercise in admitting countries to membership”. According to Mr. Gold, “the desire to give the Fund flexibility in dealing with applications may explain not only the absence of any adjective that qualifies “countries” but also the choice of that word itself”.
(12)
added
In his IMF study, Mr. Gold further observes, “in the practice of the Fund the concepts of independence and sovereignty have been avoided on the whole as a mode of expressing a criterion for membership in the Fund”. He continues, “Although the Fund usually takes into account the recognition or nonrecognition of an entity as a state, there are no rules or even informal understandings on the extent to which an applicant must have been recognized by members or other international organizations before the Fund will regard it as eligible for membership.”. In fact, when considering an application for membership where the status of an applicant may not be resolved, Mr. Gold writes “there have been occasions on which the Fund has made a finding before decisions had been taken by the United Nations or by most members or by members with a majority of the total voting power.” Mr. Gold concludes, “the Fund makes its own findings on whether an applicant is a “country”, and makes them solely for its own purposes.”.
(13)
added
Although not a member state of the United Nations, the Republic of Kosovo is a member of both the IMF and the World Bank, having joined both organizations on June 29, 2009.
(14)
added
On October 26, 2021, Secretary of State Antony Blinken issued a statement in support of Taiwan’s “robust, meaningful participation” in the United Nations system, which includes the IMF, the World Bank, and other specialized United Nations agencies. Secretary of State Blinken noted, “As the international community faces an unprecedented number of complex and global issues, it is critical for all stakeholders to help address these problems. This includes the 24 million people who live in Taiwan. Taiwan’s meaningful participation in the UN system is not a political issue, but a pragmatic one.”. He continued, “Taiwan’s exclusion undermines the important work of the UN and its related bodies, all of which stand to benefit greatly from its contributions.”.
(15)
added
In October 2024, Taiwan announced it would seek IMF membership, with the Taipei Economic and Cultural Representative Office in the United States stating, “Taiwan’s membership at the IMF would help boost financial resilience.”.
Sec. 6253
Sense of the Congress
added
added
It is the sense of the Congress that—
(1)
added
the size, significance, and connectedness of the Taiwanese economy highlight the importance of greater participation by Taiwan in the International Monetary Fund, given the purposes of the Fund articulated in its Articles of Agreement; and
(2)
added
the experience of Taiwan in developing a vibrant and advanced economy under democratic governance and the rule of law should inform the work of the international financial institutions, including through increased participation by Taiwan in the institutions.
Sec. 6254
Support for Taiwan admission to the IMF
added
(a)
added
In general— The United States Governor of the International Monetary Fund (in this section referred to as the “Fund”) shall use the voice and vote of the United States to vigorously support—
(1)
added
the admission of Taiwan as a member of the Fund, to the extent that admission is sought by Taiwan;
(2)
added
participation by Taiwan in regular surveillance activities of the Fund with respect to the economic and financial policies of Taiwan, consistent with Article IV consultation procedures of the Fund;
(3)
added
employment opportunities for Taiwan nationals, without regard to any consideration that, in the determination of the United States Governor, does not generally restrict the employment of nationals of member countries of the Fund; and
(4)
added
the ability of Taiwan to receive appropriate technical assistance and training by the Fund.
(b)
added
United States policy— It is the policy of the United States not to discourage or otherwise deter Taiwan from seeking admission as a member of the Fund.
(c)
added
Waiver— The Secretary of the Treasury may waive any requirement of subsection (a) for up to 1 year at a time on reporting to Congress that providing the waiver will substantially promote the objective of securing the meaningful participation of Taiwan at each international financial institution (as defined in section 1701(c)(2) of the International Financial Institutions Act).
(d)
added
Sunset— This section shall have no force or effect on the earlier of—
(1)
added
the date of approval by the Board of Governors of the Fund for the admission of Taiwan as a member of the Fund; or
(2)
added
the date that is 10 years after the date of the enactment of this Act.
Sec. 6255
Testimony requirement
added
added
In each of the next 7 years in which the Secretary of the Treasury is required by section 1705(b) of the International Financial Institutions Act to present testimony, the Secretary shall include in the testimony a description of the efforts of the United States to support the greatest participation practicable by Taiwan at each international financial institution (as defined in section 1701(c)(2) of such Act).
Sec. 6501
Enhancement of space domain awareness through ground-based sensor development
added
(a)
added
Sense of Congress— It is the sense of Congress that—
(1)
added
the expansion of space domain awareness infrastructure, including advanced ground-based optical sensing capabilities, is essential to the operational testing and training architecture of the Space Force; and
(2)
added
collaboration with academic institutions is critical to advancing electro-optical sensor research and development in support of national security objectives.
(1)
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on efforts by the Space Force to expand space domain awareness infrastructure.
(2)
added
Elements— The report required by paragraph (1) shall include, at a minimum—
(A)
added
a description of current and planned infrastructure, equipment, and capability expansions;
(B)
added
a summary of current and planned engagement with institutions of higher education that possess demonstrated expertise in space domain awareness, including electro-optical sensor development, tasking algorithms, and automation frameworks; and
(C)
added
an assessment of the ability to integrate research and development from academic partners into operational testing and training environments in support of space domain awareness objectives.
Sec. 6502
Continuation of operation of Defense Meteorological Satellite Program
added
added
The text of section 1507 is hereby deemed to read as follows:
added
“1507. Continuation of operation of Defense Meteorological Satellite Program
added
“(a) In general—The Secretary of Defense shall continue to operate the Defense Meteorological Satellite Program, and its existing functions and distribution capability, until the end of the functional life of the satellites in orbit as of the date of the enactment of this Act under such program.
added
“(b) Briefing—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on—
added
“(1) the status of the Defense Meteorological Satellite Program;
added
“(2) the requirements, capabilities, and costs for such program for fiscal year 2026;
added
“(3) the projected costs—
added
“(A) to carry out such program for the functional life of the satellites in orbit as of the date of the enactment of this Act under such program; and
added
“(B) to replace the satellite functions under such program; and
added
“(4) any cybersecurity concerns relating to the systems used to process the data under such program.”
Sec. 6551
Transfer of Foreign Languages Program to Department of Defense
added
(a)
added
Transfer— Not later than the effective date set forth in subsection (d), the Director of National Intelligence and the Secretary of Defense shall take such actions as may be necessary for the Secretary of Defense to carry out the Foreign Languages Program, including such transfer of personnel, assets, and facilities from the Director to the Secretary as the Director and the Secretary jointly consider appropriate.
(b)
added
Conforming amendment— Part III of subtitle A of title 10, United States Code, is amended by adding at the end the following new chapter:
added
“114 Foreign Languages Program
added
“2200m. Program on advancement of foreign languages critical to the Defense Intelligence Enterprise
added
“(a) In general—The Secretary of Defense shall, in coordination with the Director of National Intelligence, carry out a program to advance skills in foreign languages that are critical to the capability of the Defense Intelligence Enterprise to carry out the national security activities of the United States (hereinafter in this chapter referred to as the “Foreign Languages Program”).
added
“(b) Identification of requisite actions—In order to carry out the Foreign Languages Program, the Secretary of Defense shall identify actions required to improve the education of personnel in the Defense Intelligence Enterprise in foreign languages that are critical to the capability of the Defense Intelligence Enterprise to carry out the national security activities of the United States and to meet the long-term intelligence needs of the United States.
added
“2200n. Education partnerships
added
“(a) In general—In carrying out the Foreign Languages Program, the head of a covered element of the Defense Intelligence Enterprise may enter into one or more education partnership agreements with educational institutions in the United States in order to encourage and enhance the study in such educational institutions of foreign languages that are critical to the capability of the Defense Intelligence Enterprise to carry out the national security activities of the United States.
added
“(b) Assistance provided under educational partnership agreements—Under an educational partnership agreement entered into with an educational institution pursuant to this section, the head of a covered element of the Defense Intelligence Enterprise may provide the following assistance to the educational institution:
added
“(1) The loan of equipment and instructional materials of the element of the Defense Intelligence Enterprise to the educational institution for any purpose and duration that the head of the element considers appropriate.
added
“(2) Notwithstanding any other provision of law relating to the transfer of surplus property, the transfer to the educational institution of any computer equipment, or other equipment, that is—
added
“(A) commonly used by educational institutions;
added
“(B) surplus to the needs of the element of the Defense Intelligence Enterprise; and
added
“(C) determined by the head of the element to be appropriate for support of such agreement.
added
“(3) The provision of dedicated personnel to the educational institution—
added
“(A) to teach courses in foreign languages that are critical to the capability of the Defense Intelligence Enterprise to carry out the national security activities of the United States; or
added
“(B) to assist in the development for the educational institution of courses and materials on such languages.
added
“(4) The involvement of faculty and students of the educational institution in research projects of the element of the Defense Intelligence Enterprise.
added
“(5) Cooperation with the educational institution in developing a program under which students receive academic credit at the educational institution for work on research projects of the element of the Defense Intelligence Enterprise.
added
“(6) The provision of academic and career advice and assistance to students of the educational institution.
added
“(7) The provision of cash awards and other items that the head of the element of the Defense Intelligence Enterprise considers appropriate.
added
“2200o. Voluntary services
added
“(a) Authority to accept services—Notwithstanding section 1342 of title 31, and subject to subsection (b), the Foreign Languages Program under section 2200m shall include authority for the head of a covered element of the Defense Intelligence Enterprise to accept from any dedicated personnel voluntary services in support of the activities authorized by this subtitle.
added
“(b) Requirements and limitations
added
“(1) In accepting voluntary services from an individual under subsection (a), the head of a covered element of the Defense Intelligence Enterprise shall—
added
“(A) supervise the individual to the same extent as the head of the element would supervise a compensated employee of that element providing similar services; and
added
“(B) ensure that the individual is licensed, privileged, has appropriate educational or experiential credentials, or is otherwise qualified under applicable law or regulations to provide such services.
added
“(2) In accepting voluntary services from an individual under subsection (a), the head of a covered element of the Defense Intelligence Enterprise may not—
added
“(A) place the individual in a policymaking position, or other position performing inherently governmental functions; or
added
“(B) compensate the individual for the provision of such services.
added
“(c) Authority to recruit and train individuals providing services—The head of a covered element of the Defense Intelligence Enterprise may recruit and train individuals to provide voluntary services under subsection (a).
added
“(d) Status of individuals providing services
added
“(1) Subject to paragraph (2), while providing voluntary services under subsection (a) or receiving training under subsection (c), an individual shall be considered to be an employee of the Federal Government only for purposes of the following provisions of law:
added
“(A) Section 552a of title 5 (relating to maintenance of records on individuals).
added
“(B) Chapter 11 of title 18 (relating to conflicts of interest).
added
“(2)
added
“(A) With respect to voluntary services under paragraph (1) provided by an individual that are within the scope of the services accepted under that paragraph, the individual shall be deemed to be a volunteer of a governmental entity or nonprofit institution for purposes of the Volunteer Protection Act of 1997 (42 U.S.C. 14501 et seq.).
added
“(B) In the case of any claim against such an individual with respect to the provision of such services, section 4(d) of such Act (42 U.S.C. 14503(d)) shall not apply.
added
“(3) Acceptance of voluntary services under this section shall have no bearing on the issuance or renewal of a security clearance.
added
“(e) Reimbursement of incidental expenses
added
“(1) The head of a covered element of the Defense Intelligence Enterprise may reimburse an individual for incidental expenses incurred by the individual in providing voluntary services under subsection (a). The head of a covered element of the Defense Intelligence Enterprise shall determine which expenses are eligible for reimbursement under this subsection.
added
“(2) Reimbursement under paragraph (1) may be made from appropriated or nonappropriated funds.
added
“(f) Authority to install equipment
added
“(1) The head of a covered element of the Defense Intelligence Enterprise may install telephone lines and any necessary telecommunication equipment in the private residences of individuals who provide voluntary services under subsection (a).
added
“(2) The head of a covered element of the Defense Intelligence Enterprise may pay the charges incurred for the use of equipment installed under paragraph (1) for authorized purposes.
added
“(3) Notwithstanding section 1348 of title 31, United States Code, the head of a covered element of the Defense Intelligence Enterprise may use appropriated funds or nonappropriated funds of the element in carrying out this subsection.
added
“2200p. Regulations
added
“(a) In general—The Secretary of Defense shall, in coordination with the Director of National Intelligence, prescribe regulations to carry out the Foreign Languages Program.
added
“(b) Elements of the Defense Intelligence Enterprise—The head of each covered element of the Defense Intelligence Enterprise shall prescribe regulations to carry out sections 2200n and 2200o with respect to that element including the following:
added
“(1) Procedures to be utilized for the acceptance of voluntary services under section 2200o.
added
“(2) Procedures and requirements relating to the installation of equipment under section 2200o(f).
added
“2200q. Definitions
added
“In this chapter:
added
“(1) The term covered element of the Defense Intelligence Enterprise means an agency, office, bureau, or element referred to in subparagraph (B) of section 426(b)(4) of this title.
added
“(2) The term dedicated personnel means employees of the Defense Intelligence Enterprise and private citizens (including former civilian employees of the Federal Government who have been voluntarily separated, and members of the United States Armed Forces who have been honorably discharged, honorably separated, or generally discharged under honorable circumstances and rehired on a voluntary basis specifically to perform the activities authorized under this subtitle).
added
“(3) The term Defense Intelligence Enterprise has the meaning given such term in section 426(b)(4) of this title.
added
“(4) The term educational institution means—
added
“(A) a local educational agency (as that term is defined in section 8101 of the Elementary and Secondary Education Act of 1965);
added
“(B) an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002) other than institutions referred to in subsection (a)(1)(C) of such section); or
added
“(C) any other nonprofit institution that provides instruction of foreign languages in languages that are critical to the capability of the Defense Intelligence Enterprise to carry out national security activities of the United States.”
(c)
added
Conforming repeals—
(1)
added
Conforming amendments— Title X of the National Security Act of 1947 (50 U.S.C. 3191 et seq.) is amended by striking subtitle B (50 U.S.C. 3201 et seq.).
(2)
added
Clerical amendments— The table of contents for such Act, in the matter preceding section 2 of such Act, is amended by striking the items relating to subtitle B of title X.
(d)
added
Effective date— The amendments made by this section shall take effect on the date that is 90 days after the date of the enactment of this Act.
Sec. 6611
Strategy on quantum readiness
added
(a)
added
Strategy required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in coordination with the Chief Information Officer of the Department of Defense, submit to the congressional defense committees a strategy on quantum readiness. Such strategy shall include each of the following:
(1)
added
An assessment of the risks that quantum computing pose to Department of Defense systems and data.
(2)
added
A determination of which Department systems and data are most vulnerable to quantum threats and critical to protect, and timelines for the transition of such systems and data.
(3)
added
An identification of the progress made by organizations and elements of the Department of Defense in inventorying and migrating all cryptographic systems to post-quantum cryptography by 2035 or earlier.
(4)
added
A plan to adopt and deploy automated quantum readiness platform tools, including capabilities that—
(A)
added
provide continuous visibility into an organization's cryptographic landscape;
(B)
added
automate the prioritization of cryptographic risks; and
(C)
added
facilitate the remediation of insecure cryptography.
(5)
added
An identification of the methodology used for evaluating and validating Department cryptographic modules as quantum ready.
(6)
added
An estimate of resources needed to achieve quantum readiness by the target deadline of 2035, as well as an additional estimate of resources needed to achieve quantum readiness earlier than 2035.
(7)
added
A detailed breakdown of how the funds provided in section 20005(a)(29) of the Act entitled “An Act to provide for reconciliation pursuant to title II of H. Con. Res. 14”, approved July 4, 2025 (Public Law 119–21) will be allocated and obligated across specific programs, projects, and activities.
(8)
added
Any other matter the Secretary of Defense considers relevant.
(b)
added
Form of strategy— The strategy required by subsection (a) shall be submitted in unclassified form but may contain a classified annex.
(c)
added
Briefing— Not later than 240 days after the date of the enactment of this Act, the Secretary shall, in coordination with the Chief Information Officer, submit to the congressional defense committees a briefing on the strategy required under subsection (a).
(d)
added
Definitions— In this section:
(1)
added
The term post-quantum cryptography has the meaning given that term in section 3 of the Quantum Computing Cybersecurity Preparedness Act (Public Law 117–260; 6 U.S.C. 1526 note).
(2)
added
The term quantum readiness means the state in which an agency's cryptographic systems have been inventoried, continuously assessed for quantum vulnerabilities, and remediated through the adoption of quantum-resistant cryptographic algorithms and other practices.
Sec. 6612
Secure and interoperable defense collaboration technology
added
(a)
added
Definitions— In this section:
(1)
added
Chief information officer— The term Chief Information Officer means the Chief Information Officer of the Department of Defense.
(2)
added
Collaboration technology— The term collaboration technology means a software system or application that offers 1 or more primary collaboration technology features.
(3)
added
Department— The term Department means the Department of Defense.
(4)
added
End-to-end encryption— The term end-to-end encryption means communications encryption in which data is encrypted when being passed through a network such that no party, other than the sender and each intended recipient of the communication, can access the decrypted communication, regardless of the transport technology used and the intermediaries or intermediate steps along the sending path.
(5)
added
Identified standards— The term identified standards means the standard, or set of standards, identified under subsection (b)(2).
(6)
added
Interoperability— The term interoperability has the meaning given the term in section 3601 of title 44, United States Code.
(7)
added
Open standard— The term open standard means a standard, or a set of standards, that—
(A)
added
is available for any individual to read and implement;
(B)
added
does not impose any royalty or other fee for use; and
(C)
added
can be certified for low or no cost to users of the standard or set of standards.
(8)
added
Primary collaboration technology feature— The term primary collaboration technology feature means a technology feature or function that—
(A)
added
facilitates remote work or collaboration within the Department;
(B)
added
facilitates the work or collaboration described in subparagraph (A) by providing functionality that is core or essential, rather than ancillary or secondary; and
(C)
added
is identified by the Chief Information Officer under subsection (b)(1).
(9)
added
Standards-compatible collaboration technology— The term standards-compatible collaboration technology means collaboration technology—
(A)
added
each primary collaboration technology feature of which is compatible with the identified standards for such a primary collaboration technology feature; and
(B)
added
that has demonstrated compliance under subsection (d)(2).
(10)
added
Voluntary consensus standard— The term voluntary consensus standard has the meaning given such term in Circular A–119 of the Office of Management and Budget entitled “Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities”, issued in revised form on January 27, 2016.
(b)
added
Identifying standards for defense collaboration technology—
(1)
added
Identification of features— Not later than 180 days after the date of the enactment of this Act, the Chief Information Officer shall, in consultation with such others as the Chief Information Officer considers relevant, identify a list of primary collaboration technology features, including—
(A)
added
voice and video calling, including—
(i)
added
calling between 2 individuals; and
(ii)
added
calling between not less than 3 individuals;
(B)
added
text-based messaging;
(D)
added
live document editing;
(E)
added
scheduling and calendaring; and
(F)
added
any other technology feature or function that the Chief Information Officer considers appropriate.
(2)
added
Identification of standards— Not later than 2 years after the date of the enactment of this Act, the Chief Information Officer shall identify a standard, or set of standards, for collaboration technology used by the Department that—
(A)
added
for each primary collaboration technology feature, specifies interoperability protocols, and any other protocol, format, requirement, or guidance required to create interoperable implementations of that feature, including—
(i)
added
protocols for applications to specify and standardize security, including systems for—
(I)
added
identifying and authenticating the individuals who are party to a communication or collaboration task;
(II)
added
controlling the attendance and security settings of voice and video calls; and
(III)
added
controlling access and editing rights for shared documents; and
(ii)
added
protocols for any ancillary feature the Chief Information Officer identifies to support the core primary collaboration technology feature, including participation features available within video meetings;
(B)
added
to the extent possible, is based on open standards;
(C)
added
to the extent possible, is based on standards planned, developed, established, or coordinated using procedures consistent with those for voluntary consensus standards;
(D)
added
subject to paragraph (3), uses end-to-end encryption technology;
(E)
added
incorporates protocols, guidance, and requirements based on best practices for the cybersecurity of collaboration technology and collaboration technology features;
(F)
added
to the extent practicable, integrates cybersecurity technology designed to protect communications from surveillance by foreign adversaries, including technology to protect communications metadata from traffic analysis, with requirements developed in consultation with such others as the Chief Information Officer considers relevant;
(G)
added
to the extent practicable, is usable by, or offers options for, users with internet connections that have low-bandwidth or high-latency; and
(H)
added
subject to paragraph (5), with respect to the use of primary collaboration technology features, enables compliance with record retention and disclosure obligations.
(3)
added
End-to-end encryption requirements—
(A)
added
In general— The end-to-end encryption technology selected as part of the identified standards under paragraph (2), to the extent practicable, shall ensure that collaboration and communications content data cannot be compromised if a hosting server is compromised.
(B)
added
End-to-end encryption not available— Subject to subparagraph (C), if the Chief Information Officer has identified an ancillary feature or function for a primary collaboration technology feature and is unable to identify a standard, or set of standards, that uses end-to-end encryption and that is compatible with such ancillary feature or function, the Chief Information Officer may identify a standard or set of standards that does not utilize end-to-end encryption that may be used to support the ancillary feature or function.
(C)
added
End-to-end encryption by default—
(i)
added
In general— Subject to clause (ii), the Chief Information Officer shall ensure that, with respect to the use of standards-compatible collaboration technology that offers an ancillary technology feature or function described in subparagraph (B)—
(I)
added
the ancillary feature or function is disabled by default; and
(II)
added
the primary collaboration technology feature uses end-to-end encryption.
(ii)
added
Exception— Clause (i) shall not apply to the use of a primary collaboration technology feature with an ancillary feature or function described in subparagraph (B) if—
(I)
added
the Chief Information Officer has enabled the use of the ancillary feature or function within the Department;
(II)
added
each user of the ancillary feature or function has been notified of the additional cybersecurity and surveillance risks accompanying the use of the ancillary feature or function;
(III)
added
each user of the ancillary feature or function has explicitly opted into the use of the ancillary feature or function; and
(IV)
added
the primary collaboration technology feature offers a means for the Chief Information Officer to collect aggregate statistics about the use of the options that are not end-to-end encrypted.
(D)
added
Encryption status transparency— To the extent practicable, the Chief Information Officer shall identify protocols, guidance, or requirements to ensure that standards-compatible collaboration technology provides users the ability to easily see the encryption status of any collaboration feature in use.
(4)
added
Considerations— In identifying the identified standards, the Chief Information Officer shall consider secure, standards-based technologies adopted by a component or element of the Department, allies of the United States, State and local governments, and the private sector.
(5)
added
Compliance with record-keeping requirements— The Chief Information Officer shall ensure that requirements added to the identified standards to achieve compliance with record retention and disclosure obligations to the greatest extent practicable—
(A)
added
preserve the security benefits of end-to-end encryption;
(B)
added
avoid storing information, like plaintext messages or decryption keys, that would compromise the security of communications content data if a hosting server were compromised;
(C)
added
minimize other cybersecurity risks; and
(D)
added
require that all users party to a communication be notified that the communications content data is being saved for archival purposes.
(6)
added
Waiver to extend deadline for standards identification—
(A)
added
In general— If the Chief Information Officer determines that it is infeasible to identify a standard for a particular primary collaboration technology feature not later than 2 years after the date of enactment of this Act, the Chief Information Officer may issue a waiver to extend the deadline for the identification of such standard for the particular primary collaboration technology feature.
(B)
added
Waiver requirements— A waiver described in subparagraph (A) shall include—
(i)
added
the particular primary collaboration technology feature for which the waiver is issued; and
(ii)
added
an explanation of the reason for which it is currently infeasible to identify a standard meeting the requirements under paragraph (2).
(C)
added
Waiver duration— A waiver issued by the Chief Information Officer under subparagraph (A) shall be valid for 1 year.
(D)
added
Waiver re-issuance— The Chief Information Officer may re-issue a waiver under paragraph (1) for a primary collaboration technology feature not more than 10 times.
(c)
added
Requirement to use identified standards—
(1)
added
In general— On and after the date that is 4 years after the date on which the Chief Information Officer identifies the identified standards, the head of a component or element of the Department may only procure collaboration technology if the collaboration technology is standards-compatible collaboration technology.
(2)
added
Exception for particular collaboration systems— The following collaboration systems shall not be subject to the requirements under paragraph (1):
(B)
added
Voice services, as defined in section 227(e) of the Communications Act of 1934 (47 U.S.C. 227(e)).
(C)
added
National security systems, as defined in section 11103(a) of title 40, United States Code.
(3)
added
Exception for post-purchase configuration— If a software product or a device with a software operating system has built-in primary collaboration technology features that are not compatible with the identified standards, and the Chief Information Officer cannot procure the product or device with those primary collaboration technology features disabled before purchase, the Chief Information Officer may comply with this subsection by disabling the primary collaboration technology features that are not compatible with the identified standards before provisioning the software product or device to an employee of the Department.
(4)
added
Certification for waiver—
(A)
added
Certification— The Chief Information Officer may issue a certification for waiver of the prohibition under paragraph (1) with respect to a particular collaboration technology.
(B)
added
Requirement— A certification under subparagraph (A) shall cite not less than 1 specific reason for which the Department is unable to procure standards-compatible collaboration technology that meets the needs of the Department.
(C)
added
Submission— The Chief Information Officer shall submit to the congressional defense committees a copy of each certification issued under subparagraph (A).
(D)
added
Accessible posting— The Chief Information Officer shall post a copy of each certification issued under subparagraph (A) on the Department’s website.
(E)
added
Duration; renewal— A certification with respect to a particular collaboration technology under this paragraph shall result in a waiver of the prohibition for that particular collaboration technology under paragraph (1)(B) that—
(i)
added
shall be valid for a 4-year period; and
(ii)
added
may be renewed by the Chief Information Officer.
(d)
added
Attestation of compliance and interoperability test results—
(1)
added
Interoperability test— Not later than 1 year after the date on which the Chief Information Officer identifies the identified standards, the Chief Information Officer shall identify third-party online interoperability test suites, including not less than 1 free test suite, or develop a free online interoperability test suite if no suitable third-party test suite can be identified, which shall—
(A)
added
enable any entity to test whether an implementation of a primary collaboration technology feature has interoperability with the identified standards; and
(B)
added
offer an externally-shareable version of the interoperability test results that can be provided as part of a demonstration of compliance under paragraph (2).
(2)
added
Demonstration of compliance— In order to demonstrate that a collaboration technology is a standards-compatible collaboration technology, the provider of the collaboration technology shall provide to the Chief Information Officer—
(A)
added
an attestation that includes an affirmation that—
(i)
added
each primary collaboration technology feature of the collaboration technology, by default—
(I)
added
uses the relevant standard or standards from the identified standards for the primary collaboration technology feature to interoperate with other instances of standards-compatible collaboration technology; and
(II)
added
follows all guidance and requirements from the identified standards that is applicable to the primary collaboration technology feature; and
(ii)
added
the collaboration technology enables the Chief Information Officer to disable the ability of users to use modes of the collaboration technology that are not compatible with the identified standards; and
(B)
added
interoperability test results described in paragraph (1)(B) that demonstrate interoperability with the identified standards for each primary collaboration technology feature the collaboration technology offers.
(3)
added
Publication of standards-compatible collaboration technology vendors— Upon a review of the materials submitted under paragraph (2), the Chief Information Officer shall publish on the website of the Department a list of each collaboration technology that the Chief Information Officer has determined to be a standards-compatible collaboration technology.
(4)
added
Rule of construction— Nothing in this subsection shall be construed to require a collaboration technology vendor to directly test the interoperability of a primary collaboration technology feature with the product of another collaboration technology vendor.
(e)
added
Cybersecurity reviews of collaboration technology products—
(1)
added
In general— Not later than 4 years after the date on which the Chief Information Officer identifies the identified standards, the Chief Information Officer shall conduct security reviews of collaboration technology products used within the Department, to identify any cybersecurity vulnerability or threat relating to those collaboration technology products.
(2)
added
Selection and prioritization— With respect to collaboration technology products selected for security reviews under paragraph (1), the Chief Information Officer shall determine the number of products, the specific products, and the prioritization of products for security review, considering factors including—
(A)
added
the total number of users across the Department using a collaboration technology product; and
(B)
added
an estimation of the likelihood of a collaboration technology product being targeted for hacking.
(3)
added
Report— Not later than 30 days after the date on which the Chief Information Officer conducts security reviews under paragraph (1), the Chief Information Officer shall submit to the congressional defense committees a report on the results of the security reviews.
(f)
added
Rule of construction— Nothing in this section shall be construed to limit the ability of—
(1)
added
the Department to communicate with other entities using standards-compatible collaboration technology; or
(2)
added
other entities to use the identified standards or standards-compatible collaboration technology.
Sec. 6613
Prohibition on access to Department of Defense cloud-based resources by individuals who are not citizens of the United States or allied countries
added
(a)
added
Maintenance, administration, operation, and access—
(1)
added
In general— An individual not described in paragraph (2) may not maintain, administer, operate, use, receive information about, or directly access or indirectly access, irrespective of whether the individual is supervised by a citizen of the United States, any Department of Defense cloud computing system or cloud-based software, Department data, or Department-related data.
(2)
added
Individual described— An individual is described in this paragraph if the individual—
(A)
added
has the requisite security clearance or authorization required to access the applicable system, software, or data; and
(i)
added
is person described in paragraph (1) or (2) of section 504(b) of title 10, United States Code; or
(ii)
added
is a citizen of a member country of the Five Eyes intelligence-sharing alliance or of a country that is an ally or partner of the United States that has a similar agreement in effect.
(3)
added
Safeguards— The Secretary of Defense shall establish regulations to carry out this subsection, including safeguards to ensure that only individuals described in paragraph (2) maintain, administer, operate, access, and use the systems, software, and data described in paragraph (1).
(b)
added
Department of Defense guidance, directives, procedures, requirements, and regulations— The Secretary shall—
(1)
added
review all relevant guidance, directives, procedures, requirements, and regulations of the Department of Defense, including the Cloud Computing Security Requirements Guide, the Security Technical Implementation Guides, and related Department instructions; and
(2)
added
make such revisions as may be necessary to ensure conformity and compliance with subsection (a).
(c)
added
Review and report— The Secretary shall—
(1)
added
conduct a review of all cloud computing contracts in effect for the Department—
(A)
added
for any violations of section 252.225–7058 of the Defense Federal Acquisition Regulation Supplement and recommended penalties; and
(i)
added
which contracts have allowed individuals not described in paragraph (2) to maintain, administer, operate, or directly access or indirectly access, whether supervised or unsupervised by a United States citizen, any Government cloud computing system or cloud-based software, Government data, or Government-related data; and
(ii)
added
how many of the individuals described in clause (i) are citizens of foreign countries of concern; and
(2)
added
submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the findings of the Secretary with respect to the review conducted pursuant to paragraph (1).
(d)
added
Definitions— ln this section:
(1)
added
The term cloud computing has the meaning given such term in section 239.7601 of the Defense Federal Acquisition Regulation Supplement, or successor regulation.
(2)
added
The term “cloud-based software” means a software application, platform, or computational service that is—
(A)
added
delivered to end users via internet-based cloud computing infrastructure;
(B)
added
hosted, operated, maintained, and controlled by a third-party service provider; and
(C)
added
accessed remotely by users without requiring local installation or deployment of the software on user devices or Department-controlled systems.
(3)
added
The terms Department data and Department-related data have the meanings given the terms “Government data” and “Government-related data”, respectively, in section 239.7601 of the Defense Federal Acquisition Regulation Supplement, or successor regulation, except in this section, such terms apply only to the Department of Defense.
(4)
added
The term directly access, with respect to a system, software, or data, means—
(A)
added
to physically access the system, software, or data; or
(B)
added
to logically access the system, software, or data, through proxy, virtual, administrative, or programmatic means such that an individual can modify, alter, control, administer, configure, or deploy the system, software, or data.
(5)
added
The term Five Eyes intelligence-sharing alliance includes the following:
(A)
added
The Commonwealth of Australia.
(D)
added
The United Kingdom of Great Britain and Northern Ireland.
(E)
added
The United States of America.
(6)
added
The term foreign country 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).
(7)
added
The term indirectly access, with respect to a system, software, or data, means to obtain, receive, collect, or derive information from the system, software, or data regarding technical details, operational characteristics, or security-related attributes, including—
(A)
added
system configurations;
(B)
added
network architecture;
(C)
added
security controls;
(E)
added
performance metrics; and
(F)
added
access logs or other information that could compromise the confidentiality, integrity, or availability of the system, software, or data.
Sec. 6621
Comptroller General of the United States review of Department of Defense governance processes for adoption of artificial intelligence tools
added
(a)
added
Review— The Comptroller General of the United States shall conduct a review of the Department of Defense policies and governance relating to adoption of artificial intelligence tools for military needs.
(b)
added
Elements— The review conducted under subsection (a) shall include the following matters:
(1)
added
An analysis of Department organizational structure for overseeing, tracking, and responding to risks and opportunities arising from military uses of artificial intelligence, including—
(A)
added
the responsibilities, functions, authorities, and actions of the Chief Digital and Artificial Intelligence Office and other relevant Department offices in the incorporation, implementation, and oversight of artificial intelligence;
(B)
added
Department processes for development of lessons learned, adoption of best practices, and information sharing with other government agencies, industry, academia, and allies and partners;
(C)
added
the development of metrics, policy guardrails, oversight mechanisms, and risk mitigation procedures for Department use of artificial intelligence tools;
(D)
added
steps to ensure all Department engagement with artificial intelligence companies and industry leaders incorporate appropriate recusal requirements, safeguards, and oversight mechanisms to prevent conflicts of interest and biased decisionmaking processes; and
(E)
added
processes in place to ensure new contracting mechanisms for artificial intelligence provide for appropriate safeguards, transparency requirements, and oversight mechanisms to prevent conflicts of interest and to limit Department exposure to artificial intelligence risks.
(2)
added
A full description and assessment of current Department of Defense policies and practices relating to current and potential military and civilian applications of artificial intelligence.
(3)
added
Recommendations for improvements to standards, processes, procedures, and policy relating to the use of artificial intelligence in improving Department civilian and military operations, reducing associated risks, and increasing reliability, effectiveness, safety, and oversight of Department activities.
(c)
added
Submission of report— Not later than July 1, 2026, the Comptroller General shall submit to the congressional defense committees a report on the findings of the Comptroller General with respect to the review conducted pursuant to subsection (a).
Sec. 7801
Inclusion of demolition projects in Defense Community Infrastructure Program
added
added
Section 2391(d)(1) of title 10, United States Code, is amended by adding at the end the following new subparagraph:
added
“(C) A project selected to receive assistance under this subsection may include a demolition project.”
Sec. 7811
Report on indoor mold, pathogens, and airborne toxins within housing units at installations of the Air Force
added
(a)
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the prevalence of indoor mold, pathogens, and airborne toxins within housing units at installations of the Air Force.
(b)
added
Elements— The report required under subsection (a) shall include the following:
(1)
added
An assessment of installations of the Air Force in the United States with 500 or more housing units that have had reported instances of mold, pathogens, or airborne toxins since 2010.
(2)
added
The number of reports of mold, pathogens, and airborne toxins at each installation specified under paragraph (1), including relevant dates of the reports.
(3)
added
A description of the steps the Secretary of the Air Force is taking to effectively remediate the housing units where mold, pathogens, and airborne toxins are found.
(4)
added
An assessment of the ability of installations of the Air Force to locate, mitigate, and prevent indoor residential mold, pathogens, and airborne toxins within housing units of the Air Force, including the feasibility and cost associated with testing and treating individual housing units located at such installations for mold, pathogens, and airborne toxins prior to a member of the Air Force and their dependents taking residence in the unit.
Sec. 7813
Modification of semi-annual report on privatized military housing
added
(a)
added
In general— Subsection (c) of section 2884 of title 10, United States Code, is amended by adding at the end the following new paragraphs:
added
“(15) An overview of the housing data being used by the Department and the housing data being sought from management companies.
added
“(16) An assessment of how the Secretary of each military department is using such housing data to inform the on-base housing decisions for such military department.
added
“(17) An explanation of the limitations of any customer satisfaction data collected (including with respect to the availability of survey data), the process for determining resident satisfaction, and reasons for missing data.
added
“(18) To the maximum extent practicable, a breakdown of the information under this paragraph by installation and military housing project.”
(b)
added
Public reporting— Such subsection is further amended—
(1)
added
in paragraph (14), by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively;
(2)
added
by redesignating paragraphs (1) through (18) as subparagraphs (A) through (R), respectively;
(3)
added
in subparagraph (E), as redesignated by paragraph (2), by striking “paragraphs (1) through (4)” and inserting “subparagraphs (A) through (D)”;
(4)
added
in the matter preceding subparagraph (A), as so redesignated, by striking “The Secretary” and inserting “(1) The Secretary”; and
(5)
added
by adding at the end the following new paragraph:
added
“(2) Not later than 30 days after submitting a report under paragraph (1), the Secretary of Defense shall publish the report on a publicly available website of the Department of Defense.”
(c)
added
Technical amendment— The heading for such subsection is amended by striking “Annual” and inserting “Semi-annual”.
(d)
added
Conforming amendment— Subsection (d)(1) of such section is amended by striking “paragraphs (1) through (14) of subsection (c)” and inserting “subparagraphs (A) through (R) of subsection (c)(1)”.
Sec. 7814
Improvement of administration of military unaccompanied housing
added
(a)
added
Updated guidance on surveys— The Secretary of Defense, in carrying out the satisfaction survey requirement under section 3058 of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 10 U.S.C. 2821 note), shall update guidance to the Secretaries of the military departments to ensure that members of the Armed Forces living in military unaccompanied housing are surveyed in a consistent and comparable manner.
(b)
added
Review on processes and methodologies for condition scores—
(1)
added
In general— The Secretary of Defense shall conduct a review of the processes and methodologies by which the Secretaries of the military departments calculate condition scores for military unaccompanied housing facilities under the jurisdiction of the Secretary concerned.
(2)
added
Elements— The review required under paragraph (1) shall, among other factors—
(A)
added
consider how best to ensure a condition score of a facility reflects—
(i)
added
the physical condition of the facility; and
(ii)
added
the effect of that condition on the quality of life of members of the Armed Forces.
(B)
added
aim to increase methodological consistency between the military departments.
(3)
added
Report— Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the review conducted under paragraph (1).
(c)
added
Accounting of members residing in military unaccompanied housing—
(1)
added
In general— The Secretary of Defense shall include with the submission to Congress by the President of the annual budget of the Department of Defense under section 1105(a) of title 31, United States Code, an accounting of unaccompanied members of the Armed Forces whose rank would require that they live in military unaccompanied housing, but that also receive a basic allowance for housing under section 403 of title 37, United States Code.
(2)
added
Elements— The accounting required under paragraph (1) shall include—
(A)
added
the number of members of the Armed Forces described in such paragraph;
(B)
added
the total value of basic allowance for housing payments provided to those members; and
(C)
added
such other information as the Secretary considers appropriate.
(d)
added
Centralized tracking— Not later than one year after the date of the enactment of this Act, each Secretary of a military department shall develop a means for centralized tracking, at the service level, of all military construction requirements related to military unaccompanied housing that have been identified at the installation level, regardless of whether or not they are submitted for funding.
(e)
added
Military unaccompanied housing defined— In this section, the term military unaccompanied housing has the meaning given that term in section 2871 of title 10, United States Code.
Sec. 8111
Sense of Congress on ground-based leg of nuclear triad
added
added
It is the sense of Congress that—
(1)
added
the modernization of the ground-based leg of the nuclear triad of the United States is vital to the security of the homeland and a core component of the homeland defense mission;
(2)
added
extending the lifecycle of the current Minuteman III platform is both costly and an unsustainable long-term option for maintaining a ready and capable ground-based leg of the nuclear triad;
(3)
added
the breach of chapter 325 of title 10, United States Code (commonly known as the “Nunn-McCurdy Act”) by the program to modernize the ground-based leg of the nuclear triad should be addressed in a way that balances the national security need with fiscally responsible modifications to the program that prevent future unanticipated cost overruns;
(4)
added
that breach does not alter the fundamental national security need for the modernization program; and
(5)
added
the modernization program should remain funded and active.
Section 1
Short title; table of contents
added
(a)
added
Short title— This division may be cited as the “Intelligence Authorization Act for Fiscal Year 2026”.
(b)
added
Table of contents— The table of contents for this division is as follows:
added
In this division:
(1)
added
Congressional intelligence committees— The term congressional intelligence committees has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
(2)
added
Intelligence community— The term intelligence community has the meaning given such term in such section.
Sec. 101
Authorization of appropriations
added
added
Funds are hereby authorized to be appropriated for fiscal year 2026 for the conduct of the intelligence and intelligence-related activities of the Federal Government.
Sec. 102
Classified Schedule of Authorizations
added
(a)
added
Specifications of amounts— The amounts authorized to be appropriated under section 101 for the conduct of the intelligence activities of the Federal Government are those specified in the classified Schedule of Authorizations prepared to accompany this division.
(b)
added
Availability of classified Schedule of Authorizations—
(1)
added
Availability— The classified Schedule of Authorizations referred to in subsection (a) shall be made available to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and to the President.
(2)
added
Distribution by the President— Subject to paragraph (3), the President shall provide for suitable distribution of the classified Schedule of Authorizations referred to in subsection (a), or of appropriate portions of such Schedule, within the executive branch of the Federal Government.
(3)
added
Limits on disclosure— The President shall not publicly disclose the classified Schedule of Authorizations or any portion of such Schedule except—
(A)
added
as provided in section 601(a) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C. 3306(a));
(B)
added
to the extent necessary to implement the budget; or
(C)
added
as otherwise required by law.
Sec. 103
Increase in employee compensation and benefits authorized by law
added
added
Appropriations authorized by this division for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law.
Sec. 201
Authorization of appropriations
added
added
There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund $514,000,000 for fiscal year 2026.
Sec. 301
Unauthorized access to intelligence community property
added
(a)
added
In general— The National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended by adding at the end the following:
added
“1115. Unauthorized access to intelligence community property
added
“(a) In general—It shall be unlawful, within the jurisdiction of the United States, without authorization to willfully go upon any property, while knowing that such property is—
added
“(1) under the jurisdiction of an element of the intelligence community; and
added
“(2) closed or restricted.
added
“(b) Penalties—Any person who violates subsection (a) with intent to gather intelligence or information to the detriment of the United States shall—
added
“(1) in the case of the first offense, be fined under section 3517 of title 18, United States Code, imprisoned not more than 6 months, or both;
added
“(2) in the case of a second offense after a prior conviction under subsection (a) has become final, be fined under such title, imprisoned not more than 2 years, or both; and
added
“(3) in the case of a third or subsequent offense after a prior conviction under subsection (a) has become final, be fined under such title, imprisoned not more than 5 years, or both.”
(b)
added
Clerical amendment— The table of contents preceding section 2 of such Act is amended by adding at the end the following:
Sec. 302
Annual survey of analytic objectivity among officers and employees of elements of the intelligence community
added
(a)
added
In general— Not less frequently than once each year, each head of an element of the intelligence community specified in subsection (c) shall—
(1)
added
conduct a survey of analytic objectivity among officers and employees of the element of the head who are involved in the production of intelligence products; and
(2)
added
submit to the congressional intelligence committees a report on the findings of the head with respect to the most recently completed survey under paragraph (1).
(b)
added
Elements— Each survey conducted pursuant to subsection (a)(1) for an element of the intelligence community shall cover the following:
(1)
added
Perceptions of the officers and employees regarding the presence of bias or politicization affecting the intelligence cycle.
(2)
added
Types of intelligence products perceived by the officers and employees as most prone to objectivity concerns.
(3)
added
Whether objectivity concerns identified by responders to the survey were otherwise raised with an analytic ombudsman or appropriate entity.
(c)
added
Elements of the intelligence community specified— The elements of the intelligence community specified in this subsection are the following:
(1)
added
The National Security Agency.
(2)
added
The Defense Intelligence Agency.
(3)
added
The National Geospatial-Intelligence Agency.
(4)
added
Each intelligence element of the Army, the Navy, the Air Force, the Marine Corps, the Space Force, and the Coast Guard.
(5)
added
The Directorate of Intelligence of the Federal Bureau of Investigation.
(6)
added
The Office of Intelligence and Counterintelligence of the Department of Energy.
(7)
added
The Bureau of Intelligence and Research of the Department of State.
(8)
added
The Office of Intelligence and Analysis of the Department of Homeland Security.
(9)
added
The Office of Intelligence and Analysis of the Department of the Treasury.
Sec. 303
Annual training requirement and report regarding analytic standards
added
added
Section 6312 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (50 U.S.C. 3364 note; Public Law 117–263) is amended—
(1)
added
by amending subsection (b) to read as follows:
added
“(b) Conduct of training—Training required pursuant to the policy required by subsection (a) shall be a dedicated, stand-alone training that includes instruction on avoiding political bias.”
(2)
added
in subsection (d)(1)—
(A)
added
by striking “number and themes of”; and
(B)
added
by striking the period at the end and inserting “, including the number and themes of such incidents and a list of each intelligence product reported during the preceding 1-year period to the Analytic Ombudsman of the Office of the Director of National Intelligence.”.
Sec. 304
Estimate of cost to ensure compliance with Intelligence Community Directive 705
added
(a)
added
Estimate required— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives an estimate of the amount of obligations expected to be incurred by the Federal Government after the date of the enactment of this Act to ensure that all sensitive compartmented information facilities of the intelligence community are compliant with Intelligence Community Directive 705.
(b)
added
Contents— The estimate submitted pursuant to subsection (a) shall include the following:
(1)
added
The estimate described in subsection (a), disaggregated by element of the intelligence community.
(2)
added
An implementation plan to ensure compliance described in such subsection.
(3)
added
Identification of the administrative actions or legislative actions that may be necessary to ensure such compliance.
Sec. 305
Amendments regarding Presidential appointments for intelligence community positions
added
(a)
added
Appointment of Deputy Director of the Central Intelligence Agency—
(1)
added
In general— Section 104B(a) of the National Security Act of 1947 (50 U.S.C. 3037(a)) is amended by inserting “, by and with the advice and consent of the Senate” after “President”.
(2)
added
Effective date— The amendment made by paragraph (1) shall take effect on the first date after the date of the enactment of this Act that the position of Deputy Director of the Central Intelligence Agency becomes vacant.
(b)
added
Appointment of Deputy Director of the National Security Agency— Section 2 of the National Security Agency Act of 1959 (50 U.S.C. 3602) is amended by adding at the end the following:
added
“(c) There is a Deputy Director of the National Security Agency, who shall be appointed by the President, by and with the advice and consent of the Senate.”
(c)
added
Appointment of Director of the National Counterterrorism Center— Section 119(b)(1) of the National Security Act of 1947 (50 U.S.C. 3056(b)(1)) is amended by striking “President, by and with the advice and consent of the Senate” and inserting “Director of National Intelligence”.
(d)
added
Appointment of Director of the National Counterintelligence and Security Center— Section 902(a) of the Intelligence Authorization Act for Fiscal Year 2003 (50 U.S.C. 3382a)) is amended by striking “President, by and with the advice and consent of the Senate” and inserting “Director of National Intelligence”.
(e)
added
Appointment of General Counsel of the Office of the Director of National Intelligence— Section 103C(a) of the National Security Act of 1947 (50 U.S.C. 3028(a)) is amended by striking “by the President, by and with the advice and consent of the Senate” and inserting “by the Director of National Intelligence”.
(f)
added
Appointment of General Counsel of the Central Intelligence Agency— Section 20(a) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3520(a)) is amended by striking “by the President, by and with the advice and consent of the Senate” and inserting “by the Director of the Central Intelligence Agency”.
Sec. 306
Counterintelligence support for Department of the Treasury networks and systems
added
(a)
added
In general— The head of the Office of Counterintelligence of the Office of Intelligence and Analysis of the Department of the Treasury shall implement policies and procedures that ensure counterintelligence support—
(1)
added
to all entities of the Department of the Treasury responsible for safeguarding networks and systems; and
(2)
added
for coordination between counterintelligence threat mitigation activities and cyber network and system defense efforts.
(b)
added
Report— Not later than 270 days after the date of the enactment of this Act, the head described in subsection (a) shall submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report on the status of the implementation of such subsection.
Sec. 307
Report on Director's Initiatives Group personnel matters
added
(a)
added
Report required— Not later than 30 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report on personnel matters of the Director's Initiatives Group.
(b)
added
Contents— The report submitted pursuant to subsection (a) shall include the following:
(1)
added
The process for hiring members of the Director's Initiatives Group.
(2)
added
A list of personnel of such group, from the date of the creation of the group, including a description of responsibilities for each of the personnel.
(3)
added
Funding sources for personnel of such group.
(4)
added
A list of which personnel of such group received security clearances and the process for receiving such security clearances.
(c)
added
Notice regarding actions affecting National Intelligence Program resources— Not later than 30 days before taking any action affecting the resources of the National Intelligence Program (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)), the Director shall submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives notice of the intent of the Director to take such action.
Sec. 308
Higher Education Act of 1965 special rule
added
added
Section 135 of the Higher Education Act of 1965 (20 U.S.C. 1015d) is amended—
(1)
added
by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and
(2)
added
by inserting after subsection (b) the following:
added
“(c) Special rule—With respect to a member of a qualifying Federal service who is an officer or employee of an element of the intelligence community, the term permanent duty station, as used in this section, shall exclude a permanent duty station that is within 50 miles of the headquarters facility of such element.”
Sec. 309
Annual Central Intelligence Agency workplace climate assessment
added
added
Section 30 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3531) is amended by adding at the end the following:
added
“(d) Annual Agency climate assessment
added
“(1) In general—Not less frequently than once every 365 days, the Director shall—
added
“(A) complete an Agency climate assessment—
added
“(i) that does not request any information that would make an Agency employee or an Agency employee's position identifiable;
added
“(ii) for the purposes of—
added
“(I) preventing and responding to sexual assault and sexual harassment; and
added
“(II) examining the prevalence of sexual assault and sexual harassment occurring among the Agency's workforce; and
added
“(iii) that includes an opportunity for Agency employees to express their opinions regarding the manner and extent to which the Agency responds to allegations of sexual assault and complaints of sexual harassment, and the effectiveness of such response; and
added
“(B) submit to the appropriate congressional committees the findings of the Director with respect to the climate assessment completed pursuant to subparagraph (A).
added
“(2) Appropriate congressional committees defined—In this subsection, the term appropriate congressional committees means—
added
“(A) the Select Committee on Intelligence and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and
added
“(B) the Permanent Select Committee on Intelligence and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.”
Sec. 310
Report on secure mobile communications systems available to employees and of the intelligence community
added
(a)
added
Report required— Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Secretary of Defense, shall submit to the congressional intelligence committees, the congressional defense committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report on the secure mobile communications systems available to employees and officers of the intelligence community, disaggregated by element of the intelligence community.
(b)
added
Contents— The report submitted pursuant to subsection (a) shall include the following:
(1)
added
The number of employees and officers of the intelligence community using each secure mobile communications system, disaggregated by element of the intelligence community and by employee or officer level.
(2)
added
An estimate of the expenditures incurred by the intelligence community to develop and maintain the systems described in subsection (a), disaggregated by system, element of the intelligence community, year, and number of mobile devices using or accessing the systems.
(3)
added
A list of the capabilities of each system and the level of classification for each.
(4)
added
For each system described in subsection (a), identification of the element of the intelligence community that developed and maintains the system and whether that element has service agreements with other elements of the intelligence community for use of the system.
(5)
added
Identification of any secure mobile communications systems that are in development, the capabilities of such systems, how far along such systems are in development, and an estimate of when the systems will be ready for deployment.
(c)
added
Form— The report submitted pursuant to subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Sec. 311
Plan for implementing an integrated system spanning the intelligence community for accreditation of sensitive compartmented information facilities
added
(a)
added
Plan required— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall—
(1)
added
develop a plan to implement an integrated tracking system that spans the intelligence community for the accreditation of sensitive compartmented information facilities to increase transparency, track the status of accreditation, and to reduce and minimize duplication of effort; and
(2)
added
submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives the plan developed pursuant to paragraph (1).
(b)
added
Elements— The plan required by subsection (a)(1) shall include the following:
(1)
added
An estimated cost of implementing the plan.
(2)
added
A description for how applicants and cleared industry could monitor the status of their sensitive compartmented information facility accreditation.
(3)
added
Guidelines for minimizing duplication of effort across the intelligence community and the Department of Defense in the accreditation process for sensitive compartmented information facilities.
(4)
added
Creation of a mechanism to track compliance with Intelligence Community Directive 705 (relating to sensitive compartmented information facilities), or successor directive.
(5)
added
Proposed measures for increasing security against adversary threats.
(6)
added
A list of any administrative and legislative actions that may be necessary to carry out the plan.
Sec. 312
Counterintelligence threats to United States space interests
added
(a)
added
Assessment of counterintelligence vulnerabilities of the National Aeronautics and Space Administration—
(1)
added
In general— Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the Director of the Federal Bureau of Investigation, shall submit to the appropriate congressional committees an assessment of the counterintelligence vulnerabilities of the National Aeronautics and Space Administration.
(2)
added
Elements— The assessment required by paragraph (1) shall include the following:
(A)
added
An assessment of the vulnerability of the security practices and facilities of the National Aeronautics and Space Administration to efforts by nation-state and non-nation-state actors to acquire United States space technology.
(B)
added
An assessment of the counterintelligence threat posed by nationals of the Russian Federation and the People’s Republic of China at centers of the National Aeronautics and Space Administration.
(C)
added
Recommendations for how the National Aeronautics and Space Administration can mitigate any counterintelligence gaps identified under subparagraphs (A) and (B).
(D)
added
A description of efforts of the National Aeronautics and Space Administration to respond to the efforts of state sponsors of terrorism, other foreign countries, and entities to illicitly acquire United States satellites and related items as described in reports submitted by the Director of National Intelligence pursuant to section 1261 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239).
(E)
added
An evaluation of the effectiveness of the efforts of the National Aeronautics and Space Administration described in subparagraph (D).
(3)
added
Cooperation by National Aeronautics and Space Administration— The Administrator of the National Aeronautics and Space Administration shall cooperate fully with the Director of National Intelligence and the Director of the Federal Bureau of Investigation in submitting the assessment required by paragraph (1).
(4)
added
Form— The assessment required by paragraph (1) may be submitted in unclassified form with a classified annex.
(5)
added
Definition of appropriate congressional committees— In this subsection, the term appropriate congressional committees means—
(A)
added
the congressional intelligence committees;
(B)
added
the Committee on the Judiciary, the Committee on Appropriations, the Committee on Commerce, Science, and Transportation, and the Committee on Homeland Security and Governmental Affairs of the Senate; and
(C)
added
the Committee on the Judiciary, the Committee on Appropriations, the Committee on Science, Space, and Technology, and the Committee on Homeland Security of the House of Representatives.
(b)
added
Sunset— Section 1261(e)(1) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239) is amended by inserting “until December 31, 2026” after “thereafter”.
(c)
added
Counterintelligence support to commercial spaceports—
(1)
added
In general— Not later than 60 days after the date of the enactment of this Act, the head of the Counterintelligence Division of the Federal Bureau of Investigation, in coordination with the head of the Office of Private Sector of the Federal Bureau of Investigation, shall—
(A)
added
develop an assessment of the counterintelligence risks to commercial spaceports; and
(B)
added
distribute the assessment to—
(i)
added
each field office of the Federal Bureau of Investigation the area of responsibility of which includes a federally licensed commercial spaceport;
(ii)
added
the leadership of each federally licensed commercial spaceport;
(iii)
added
the congressional intelligence committees;
(iv)
added
the Committee on the Judiciary of the Senate; and
(v)
added
the Committee on the Judiciary of the House of Representatives.
(2)
added
Classification— The assessment required by paragraph (1) shall be distributed at the lowest classification level possible, but may include classified annexes at higher classification levels.
Sec. 313
Chaplain Corps and Chief of Chaplains of the Central Intelligence Agency
added
added
Section 26 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3527) is amended to read as follows:
added
“26. Chaplain Corps and Chief of Chaplains
added
“(a) Establishment of Chaplain Corps—There is in the Agency a Chaplain Corps for the provision of spiritual and religious pastoral services.
added
“(b) Chief of Chaplains—The head of the Chaplain Corps shall be the Chief of Chaplains, who shall be appointed by the Director and report directly to the Director.
added
“(c) Global presence, services—Chaplains of the Chaplain Corps shall—
added
“(1) be located—
added
“(A) at the headquarters building of the Agency; and
added
“(B) outside the United States in each region of the regional mission centers of the Agency; and
added
“(2) travel as necessary to provide services to personnel of the Agency where such personnel are located.
added
“(d) Staff
added
“(1) Employees—The Chaplain Corps—
added
“(A) shall be staffed by full-time employees of the Agency; and
added
“(B) shall not be staffed by any government contractor.
added
“(2) Service
added
“(A) Exclusive role—A member of the staff of the Chaplain Corps shall serve exclusively in the member's role in the Chaplain Corps.
added
“(B) Not collateral duty—Assignment to the Chaplain Corps shall not be a collateral duty.
added
“(3) Appointment; compensation—The Director may appoint and fix the compensation of such staff of the Chaplain Corps as the Director considers appropriate, except that the Director may not provide basic pay to any member of the staff of the Chaplain Corps at an annual rate of basic pay in excess of the maximum rate of basic pay for grade GS-15 of the General Schedule under section 5332 of title 5, United States Code.
added
“(4) Number of chaplains—The ratio of chaplains of the Chaplain Corps to personnel of the Agency shall be, to the extent practicable, equal to the ratio of chaplains of the Armed Forces to members of the Armed Forces.
added
“(5) Qualifications of chaplains—Each chaplain of the Chaplain Corps shall—
added
“(A) before being hired to the Chaplain Corps—
added
“(i) have had experience in chaplaincy or the provision of pastoral care; and
added
“(ii) be board certified and licensed as a chaplain by a national chaplaincy and pastoral care organization or equivalent; and
added
“(B) maintain such certification while in the Chaplain Corps.
added
“(e) Administration—The Director shall—
added
“(1) reimburse members of the staff of the Chaplain Corps for work-related travel expenses;
added
“(2) provide security clearances, including one-time read-ins, to such members to ensure that personnel of the Agency can seek unrestricted chaplaincy counseling; and
added
“(3) furnish such physical workspace at the headquarters building of the Agency, and outside the United States in each region of the regional missions centers of the Agency, as the Director considers appropriate.
added
“(f) Privacy—The Director shall implement privacy standards with respect to the physical workspaces of the Chaplain Corps to ensure privacy for individuals visiting such spaces.
added
“(g) Protection of Chaplain Corps—The Director may not require a chaplain of the Chaplain Corps to perform any rite, ritual, or ceremony that is contrary to the conscience, moral principles, or religious beliefs of such chaplain.
added
“(h) Certifications to Congress—Not less frequently than annually, the Director shall certify to Congress whether the chaplains of the Chaplain Corps meet the qualifications described in subsection (d)(5)(B).”
Sec. 314
Prohibition on contractors collecting or selling location data of individuals at intelligence community locations
added
(a)
added
Prohibition— A contractor or subcontractor of an element of the intelligence community, as a condition on contracting with an element of the intelligence community, may not, while a contract or subcontract for an element of the intelligence community is effective—
(1)
added
collect, retain, or knowingly or recklessly facilitate the collection or retention of location data from phones, wearable fitness trackers, and other cellular-enabled or cellular-connected devices located in any covered location, regardless of whether service for such device is provided under contract with an element of the intelligence community, except as necessary for the provision of the service as specifically contracted; or
(2)
added
sell, monetize, or knowingly or recklessly facilitate the sale of, location data described in paragraph (1) to any individual or entity that is not an element of the intelligence community.
(b)
added
Covered locations— For purposes of subsection (a), a covered location is any location described in section 202.222(a)(1) of title 28, Code of Federal Regulations, or successor regulations.
(c)
added
Certification— Not later than 60 days after the date of the enactment of this Act, each head of an element of the intelligence community shall require each contractor and subcontractor of the element to submit to the head a certification as to whether the contractor or subcontractor is in compliance with subsection (a).
(d)
added
Treatment of certifications— The veracity of a certification under subsection (c) shall be treated as “material” for purposes of section 3729 of title 31, United States Code.
Sec. 315
Technical amendment to procurement authorities of Central Intelligence Agency
added
added
Section 3(a) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3503(a)) is amended by striking “3069” and inserting “3066”.
Sec. 316
Threat briefing to protect Federal Reserve information
added
added
The Director of National Intelligence, in coordination with the Director of the Federal Bureau of Investigation, and in consultation with the relevant heads of the elements of the intelligence community, as determined by the Directors, shall brief the Board of Governors of the Federal Reserve System on foreign threats to the Federal Reserve System.
Sec. 317
Plan to establish commercial geospatial intelligence data and services program management office
added
(a)
added
Plan required— Not later than 90 days after the date of the enactment of this Act, the Director of the National Geospatial-Intelligence Agency and the Director of the National Reconnaissance Office, in consultation with the Director of National Intelligence and the Secretary of Defense, shall jointly develop and submit to the appropriate committees of Congress a plan to establish an office described in subsection (b).
(b)
added
Office described— An office described in this subsection is a co-located joint program management office for commercial geospatial intelligence data and services.
(c)
added
Contents— The plan required by subsection (a) shall include the following:
(1)
added
Milestones for implementation of the plan.
(2)
added
An updated acquisition strategy that considers efficiencies to be gained from closely coordinated acquisitions of geospatial intelligence data and services.
(d)
added
Definition of appropriate committees of Congress— In this section, the term appropriate committees of Congress means—
(1)
added
the congressional intelligence committees;
(2)
added
the Committee on Armed Services and the Committee on Appropriations of the Senate; and
(3)
added
the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
Sec. 318
Inspector General review of adequacy of policies and procedures governing use of commercial messaging applications by intelligence community
added
(a)
added
Review required— Not later than 120 days after the date of the enactment of this Act, the Inspector General of the Intelligence Community shall submit to the congressional intelligence committees, the Committee on Homeland Security and Government Affairs and the Committee on the Judiciary of the Senate, and the Committee Oversight and Government Reform and the Committee on the Judiciary of the House of Representatives on a review of the adequacy of policies and procedures governing the use of commercial messaging applications by the intelligence community.
(b)
added
Contents— The review required by subsection (a) shall include an assessment of compliance by the intelligence community with chapter 31 of title 44, United States Code (commonly known as the Federal Records Act of 1950).
(c)
added
Form— The review required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Sec. 319
Authority for National Security Agency to produce and disseminate intelligence products
added
added
The National Security Agency Act of 1959 (50 U.S.C. 3602 et seq.) is amended by adding at the end the following:
added
“23. Authority to produce and disseminate intelligence products
added
“The Director of the National Security Agency may correlate and evaluate intelligence related to national security and provide appropriate dissemination of such intelligence to appropriate legislative and executive branch customers.”
Sec. 320
Prohibiting discrimination in the intelligence community
added
(a)
added
In general— Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the head of each element of the intelligence community, shall revise all regulations, policies, procedures, manuals, circulars, courses, training, and guidance in the intelligence community such that all such materials are in compliance with and consistent with this section.
(b)
added
Prohibition— None of the funds authorized to be appropriated by any law for the National Intelligence Program shall be used for the purposes of implementing covered practices in the intelligence community.
(c)
added
Covered practice defined— In this section, the term covered practice means any practice that discriminates for or against any person in a manner prohibited by the Constitution of the United States, the Civil Rights Act of 1964 (42 U.S.C. 2000 et seq.), or any other Federal law.
Sec. 321
Annual report on Federal Bureau of Investigation case data
added
(a)
added
In general— Title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) is amended by inserting after section 512 the following:
added
“512A. Annual report on Federal Bureau of Investigation case data
added
“(a) In general—Not later than 30 days after the date of the enactment of this section, and annually thereafter, the Director of the Federal Bureau of Investigation shall submit to the congressional intelligence committees, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives a report containing data on cases of the Federal Bureau of Investigation for the fiscal year preceding the fiscal year in which the report is submitted.
added
“(b) Elements—Each report required by subsection (a) shall include, for the fiscal year covered by the report, the number of active cases, the number of unique cases, and the number of cases opened, for each of the following:
added
“(1) Russia counterintelligence cases.
added
“(2) China counterintelligence cases.
added
“(3) Espionage or leak cases.
added
“(4) All other counterintelligence cases.
added
“(5) ISIS counterterrorism cases.
added
“(6) Hizballah counterterrorism cases.
added
“(7) Cartel and other transnational criminal organization counterterrorism cases.
added
“(8) All other international counterterrorism cases.
added
“(9) Russia cyber national security cases.
added
“(10) China cyber national security cases.
added
“(11) All other cyber national security cases.
added
“(c) Form—Each report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.”
(b)
added
Clerical amendment— The table of contents preceding section 2 of such Act is amended by inserting after the item relating to section 512 the following:
Sec. 401
Short title
added
added
This title may be cited as the “Intelligence Authorization Act for Fiscal Year 2026”.
Sec. 402
Modification of responsibilities and authorities of the Director of National Intelligence
added
(a)
added
Repeal of sunsetted requirement for semi-annual report— Subsection (c)(7) of section 102A of the National Security Act of 1947 (50 U.S.C. 3024) is amended by striking “(A) The Director” and all that follows through “(B) The Director” and inserting “The Director”.
(b)
added
Repeal of authority to transfer personnel to new national intelligence centers— Such section is amended by striking subsection (e).
(c)
added
Tasking and other authorities—
(1)
added
Repeal of authority to establish national intelligence centers; modification of authority to prescribe personnel policies and programs— Subsection (f) of such section is amended—
(A)
added
in paragraph (2), by striking “and may” and all that follows through “determines necessary”; and
(B)
added
in paragraph (3)(A)—
(i)
added
in the matter preceding clause (i), by striking “consultation” and inserting “coordination”;
(ii)
added
in clause (iii)—
(I)
added
by striking “recruitment and retention” and inserting “recruitment, retention, and training”; and
(II)
added
by striking the semicolon at the end and inserting “, including those with diverse ethnic, cultural, and linguistic backgrounds; and”;
(iii)
added
in clause (vi), by inserting “on behalf of the Director of National Intelligence” after “matters”;
(iv)
added
by striking clauses (i), (ii), (iv), and (v); and
(v)
added
by redesignating clauses (iii) and (vi) as clauses (i) and (ii), respectively.
(2)
added
Accountability reviews— Paragraph (7) of such subsection is amended—
(A)
added
in subparagraph (A), by striking “conduct” and inserting “direct”;
(B)
added
in subparagraph (B), by inserting “directed” before “under”; and
(C)
added
in subsection (C)(i), by striking “conducted” and inserting “directed”.
(3)
added
Independent assessments and audits of compliance with minimum insider threat policies— Paragraph (8)(A) of such subsection is amended by striking “conduct” and inserting “direct independent”.
(4)
added
Independent evaluations of counterintelligence, security, and insider threat program activities— Paragraph (8)(D) of such subsection is amended by striking “carry out” and inserting “direct independent”.
(d)
added
Repeal of requirement for enhanced personnel management— Such section is further amended by striking subsection (l).
(e)
added
Analyses and impact statements regarding proposed investment into the United States— Subsection (z) of such section is amended—
(1)
added
in paragraph (1)—
(A)
added
by inserting “, or the head of an element of the intelligence community to whom the Director has delegated such review or investigation,” after “for which the Director”; and
(B)
added
by inserting “or such head” after “materials, the Director”; and
(2)
added
in paragraph (2), by inserting “, or the head of an element of the intelligence community to whom the Director has delegated such review or investigation,” after “the Director”.
(f)
added
Plan for reform of intelligence community acquisition process—
(1)
added
Plan required— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall, in consultation with each head of an element of the intelligence community, submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a plan to reform the acquisition process of each element of the intelligence community so that, to the maximum extent practicable, the process uses existing authorities to expedite acquisitions and includes a preference for acquisition of commercial solutions, consistent with section 3453 of title 10, United States Code, and Executive Order 14265 (90 Fed. Reg. 15621; relating to modernizing defense acquisitions and spurring innovation in the defense industrial base).
(2)
added
Itemization of major planned or pending acquisitions— The plan required by paragraph (1) shall include an itemization of major planned or pending acquisitions for each element of the intelligence community.
(g)
added
Conforming amendments—
(1)
added
In general— Such section is further amended—
(A)
added
by redesignating subsections (f) through (k) as subsections (e) through (j), respectively;
(B)
added
by redesignating subsections (m) through (z) as subsections (k) through (x), respectively;
(C)
added
in subsection (e), as redesignated by subparagraph (A), in paragraph (7), by striking “under subsection (m)” and inserting “under subsection (k)”; and
(D)
added
in subsection (v)(3), as redesignated by subparagraph (B), by striking “under subsection (f)(8)” and inserting “under subsection (e)(8)”.
(A)
added
National Security Act of 1947— The National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended—
(i)
added
in section 103(c)(15) (50 U.S.C. 3025(c)(15)), by striking “, including national intelligence centers”; and
(ii)
added
in section 313(1) (50 U.S.C. 3079(1)), by striking “with section 102A(f)(8)” and inserting “with section 102A(e)(8)”.
(B)
added
Reducing Over-Classification Act— Section 7(a)(1)(A) of the Reducing Over-Classification Act (50 U.S.C. 3344(a)(1)(A)) is amended by striking “of section 102A(g)(1)” and inserting “of section 102A(f)(1)”.
(C)
added
Intelligence Reform and Terrorism Prevention Act of 2004— Section 1019(a) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3364(a)) is amended by striking “out section 102A(h)” and inserting “out section 102A(g)”.
Sec. 403
Reforms relating to the Office of the Director of National Intelligence
added
(a)
added
Plan for reduction of staff—
(1)
added
In general— Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a plan to reduce the staff of the Office of the Director of National Intelligence.
(2)
added
Contents— The plan required by paragraph (1) shall include a plan for reducing the staff of the Office of the Director of National Intelligence to the maximum number of full-time equivalent employees, detailees, and individuals under contract with the Office that the Director requires for the optimized execution of the Director's statutory authorities and ensures—
(A)
added
each Federal employee who is employed by, detailed to, or assigned to the Office of the Director of National Intelligence will be provided an opportunity to accept alternative employment, detail, or assignment within the United States Government; and
(B)
added
no such Federal employee will be involuntarily terminated by the implementation of the plan required by paragraph (1).
(b)
added
Orderly reduction in staff of the Office of the Director of National Intelligence—
(1)
added
Process— On a date that is at least 90 days after the date on which the plan required by subsection (a)(1) is submitted, or 1 year after the date of the enactment of this Act, whichever is later, the Director of National Intelligence shall initiate a process to reduce the staff of the Office of the Director of National Intelligence, provided the Director submits to the congressional intelligence committees a certification that—
(A)
added
each Federal employee who is employed by, detailed to, or assigned to the Office of the Director of National Intelligence will be provided an opportunity to accept alternative employment, detail, or assignment within the United States Government; and
(B)
added
no such Federal employee will be involuntarily terminated by the implementation of such process, except as provided in subsection (c)(1).
(2)
added
Interim updates— Not later than 60 days after the date on which the plan required by subsection (a)(1) is submitted, and every 60 days thereafter until the staff of the Office of the Director of National Intelligence does not exceed the number of full-time equivalent employees, detailees, and individuals under contract with the Office identified in the plan provided pursuant to subsection (a), the Director of National Intelligence shall submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a written update identifying the positions of the employees, detailees, and individuals under contract with the Office of the Director of National Intelligence who have been part of the reduction in staff.
(c)
added
Rule of construction— Nothing in this section shall be construed as prohibiting—
(1)
added
the involuntarily termination of a Federal employee when there is—
(A)
added
written documentation to support a security, counterintelligence, or other lawful basis for termination based on misconduct; or
(B)
added
written documentation over a period of at least 180 days to support a performance basis for the termination; or
(2)
added
the return of detailees to their home agencies 45 days after the date on which the plan required by subsection (a)(1) is submitted.
(d)
added
Location of the Office— Subsection (f) of such section is amended by inserting “, with facilities necessary to carry out the core intelligence mission of the Office” before the period at the end.
Sec. 404
Appointment of Deputy Director of National Intelligence and Assistant Directors of National Intelligence
added
(a)
added
Redesignation of Principal Deputy Director of National Intelligence as Deputy Director of National Intelligence—
(1)
added
In general— Subsection (a) of section 103A of the National Security Act of 1947 (50 U.S.C. 3026) is amended—
(A)
added
in the subsection heading, by striking “Principal”; and
(B)
added
by striking “Principal” each place it appears.
(2)
added
Conforming amendments— Subsection (c) of such section is amended—
(A)
added
in the subsection heading, by striking “Principal”; and
(B)
added
in paragraph (2)(B), by striking “Principal”.
(3)
added
Additional conforming amendment—
(A)
added
National Security Act of 1947— Such Act is further amended—
(i)
added
in section 103(c)(2) (50 U.S.C. 3025(c)(2)), by striking “Principal”;
(ii)
added
in section 103I(b)(1) (50 U.S.C. 3034(b)(1)), by striking “Principal”;
(iii)
added
in section 106(a)(2)(A) (50 U.S.C. 3041(a)(2)(A)), by striking “Principal”; and
(iv)
added
in section 116(b) (50 U.S.C. 3053(b)), by striking “Principal”.
(B)
added
Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020— Section 6310 of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 (50 U.S.C. 3351b) is amended by striking “Principal” each place it appears.
(C)
added
National Defense Authorization Act for Fiscal Year 2022— Section 1683(b)(3) of the National Defense Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373(b)(3)) is amended by striking “Principal” both places it appears.
(b)
added
Elimination of Deputy Directors of National Intelligence and establishment of Assistant Directors of National Intelligence—
(1)
added
In general— Section 103A(b) of the National Security Act of 1947 (50 U.S.C. 3026(b)) is amended—
(A)
added
in the subsection heading, by striking “Deputy” and inserting “Assistant”;
(B)
added
in paragraph (1), by striking “may” and all that follows through the period at the end and inserting the following: “is an Assistant Director of National Intelligence for Mission Integration and an Assistant Director of National Intelligence for Policy and Capabilities, who shall be appointed by the Director of National Intelligence.”; and
(C)
added
in paragraph (2), by striking “Deputy” and inserting “Assistant”.
(2)
added
Conforming amendments— The National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended—
(A)
added
in section 102A(l)(4)(F) (50 U.S.C. 3024(l)(4)(F)), as redesignated by section 402(g)(1)(B), by striking “a Deputy” and inserting “an Assistant”; and
(B)
added
in section 103(c) (50 U.S.C. 3025(c)), by striking paragraph (3).
(c)
added
References to Principal Deputy Director of National Intelligence in law— Any reference in law to the Principal Deputy Director of National Intelligence shall be treated as a reference to the Deputy Director of National Intelligence.
(d)
added
Clerical amendments—
(1)
added
Section heading— Section 103A of such Act (50 U.S.C. 3026) is further amended, in the section heading, by striking “Deputy Directors of National Intelligence” and inserting “Deputy Director of National Intelligence and Assistant Directors of National Intelligence”.
(2)
added
Table of contents— The table of contents for such Act, in the matter preceding section 2 of such Act, is amended by striking the item relating to section 103A and inserting the following:
Sec. 405
Reform of the National Intelligence Council and National Intelligence Officers
added
(a)
added
Duties and responsibilities— Subsection (c)(1) of section 103B of the National Security Act of 1947 (50 U.S.C. 3027) is amended—
(1)
added
in subparagraph (A), by adding “or coordinate the production of” after “produce”; and
(2)
added
in subparagraph (B), by striking “and the requirements and resources of such collection and production”.
(b)
added
Staff— Subsection (f) of such section is amended by striking “The” and inserting “Subject to section 103(d)(1), the”.
Sec. 406
Transfer of National Counterintelligence and Security Center to Federal Bureau of Investigation
added
(a)
added
Plan for transfers—
(1)
added
Definition of appropriate committees of Congress— In this subsection, the term appropriate committees of Congress means—
(A)
added
the congressional intelligence committees;
(B)
added
the Committee on the Judiciary and the Committee on Appropriations of the Senate; and
(C)
added
the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives.
(2)
added
Plan required— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence and the Director of the Federal Bureau of Investigation shall jointly submit to the appropriate committees of Congress a plan to achieve the transfer of—
(A)
added
the National Counterintelligence and Security Center to the Counterintelligence Division of the Federal Bureau of Investigation; and
(B)
added
the duties of the Director of the National Counterintelligence and Security Center to the Assistant Director of the Federal Bureau of Investigation for Counterintelligence.
(1)
added
Transfer of Center— On a date that is at least 180 days after the date on which the plan required by subsection (a) is submitted, or 1 year after the date of the enactment of this Act, whichever is later, the Director of National Intelligence shall initiate the transfer of the National Counterintelligence and Security Center to the Counterintelligence Division of the Federal Bureau of Investigation, including such staff and resources of the Center as the Director of National Intelligence, in coordination with the Director of the Federal Bureau of Investigation, determines appropriate and as is consistent with the provisions of this section.
(2)
added
Transfer of duties of Director of the Center— On a date that is at least 90 days after the date on which the plan required by subsection (a) is submitted, or 1 year after the date of the enactment of this Act, whichever is later, the Director of National Intelligence shall initiate the transfer to the Assistant Director of the Federal Bureau of Investigation for Counterintelligence of such duties of the Director of the National Counterintelligence and Security Center as the Director of National Intelligence, in coordination with the Director of the Federal Bureau of Investigation, determines appropriate and as is consistent with the provisions of this section.
(3)
added
Completion— Not later than 2 years after the date of the enactment of this Act, the Director of National Intelligence shall complete the transfers initiated under paragraphs (1) and (2).
(c)
added
Reductions in staff— Any reduction in staff of the National Counterintelligence and Security Center shall comply with the requirements of section 403(b).
(d)
added
Quarterly reports— Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter until the date specified in subsection (h), the Director of National Intelligence and the Director of the Federal Bureau of Investigation shall jointly submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives a report on the status of the implementation of this section, including—
(1)
added
the missions and functions of the National Counterintelligence and Security Center that have been transferred to the Federal Bureau of Investigation;
(2)
added
the missions and functions of such Center that have been retained at the Office of the Director of National Intelligence;
(3)
added
the missions and functions of such Center that have been transferred to another department or agency; and
(4)
added
the missions and functions of such Center that have been terminated.
(1)
added
In general— Section 103F of the National Security Act of 1947 (50 U.S.C. 3031) is repealed.
(2)
added
Clerical amendment— The table of contents for such Act, in the matter preceding section 2 of such Act, is amended by striking the item relating to section 103F.
(f)
added
Conforming amendments to Counterintelligence Enhancement Act of 2002—
(1)
added
Head of Center— Section 902 of the Counterintelligence Enhancement Act of 2002 (50 U.S.C. 3382) is amended—
(A)
added
in the section heading, by striking “Director” and inserting “Head”;
(B)
added
by striking subsection (a) and inserting the following:
added
“(a) Head of Center—The head of the National Counterintelligence and Security Center shall be the Assistant Director of the Federal Bureau of Investigation for Counterintelligence or the Assistant Director's designee.”
(C)
added
in subsection (b), by striking “the Director” and inserting “the individual serving as the head of the National Counterintelligence and Security Center”; and
(D)
added
in subsection (c)—
(i)
added
in the matter preceding paragraph (1), by striking “Subject to the direction and control of the Director of National Intelligence, the duties of the Director” and inserting “The duties of the head of the National Counterintelligence and Security Center”; and
(ii)
added
in paragraph (4), by striking “Director of National Intelligence” and inserting “Director of the Federal Bureau of Investigation”.
(2)
added
National Counterintelligence and Security Center— Section 904 of such Act (50 U.S.C. 3383) is amended—
(A)
added
in subsection (a), by inserting “in the Counterintelligence Division of the Federal Bureau of Investigation” before the period at the end;
(B)
added
in subsection (b), by striking “Director of the National Counterintelligence and Security Center” and inserting “Assistant Director of the Federal Bureau of Investigation for Counterintelligence or the Assistant Director's designee”;
(C)
added
in subsection (c), by striking “Office of the Director of National Intelligence” and inserting “Counterintelligence Division of the Federal Bureau of Investigation”;
(D)
added
in subsection (e)—
(i)
added
in the matter preceding paragraph (1), by striking “Director of” and inserting “head of”; and
(ii)
added
in paragraphs (2)(B), (4), and (5), by striking “Director of National Intelligence” each place it appears and inserting “Director of the Federal Bureau of Investigation”;
(E)
added
in subsection (f)(3), by striking “Director” and inserting “head”;
(F)
added
in subsection (g)(2), by striking “Director” and inserting “head”; and
(G)
added
in subsection (i), by striking “Office of the Director of National Intelligence” and inserting “Counterintelligence Division of the Federal Bureau of Investigation”.
(g)
added
Additional conforming amendments—
(1)
added
Title 5— Section 5315 of title 5, United States Code, is amended by striking the item relating to the Director of the National Counterintelligence and Security Center.
(2)
added
National Security Act of 1947— The National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended—
(A)
added
in section 103(c) (50 U.S.C. 3025(c)), by striking paragraph (9);
(B)
added
in section 1107 (50 U.S.C. 3237)—
(i)
added
in subsection (a), by striking “the Director” and inserting “the head”; and
(ii)
added
in subsection (c), by striking “the Director shall” and inserting “the head of the National Counterintelligence and Security Center shall”; and
(C)
added
in section 1108 (50 U.S.C. 3238)—
(i)
added
in subsection (a), by striking “the Director” and inserting “the head”; and
(ii)
added
in subsection (c), by striking “the Director shall” and inserting “the head of the National Counterintelligence and Security Center shall”.
(3)
added
Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020— The Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 (division E of Public Law 116–92) is amended—
(A)
added
in section 6306(c)(6) (50 U.S.C. 3370(c)(6)), by striking “the Director” and inserting “the head”; and
(B)
added
in section 6508 (50 U.S.C. 3371d), by striking “Director of National Intelligence” both places it appears and inserting “Director of the Federal Bureau of Investigation”.
(4)
added
Intelligence Authorization Act for Fiscal Year 1995— Section 811 of the Intelligence Authorization Act for Fiscal Year 1995 (50 U.S.C. 3381) is amended—
(A)
added
by striking “Director of the National Counterintelligence and Security Center” each place it appears and inserting “head of the National Counterintelligence and Security Center”; and
(B)
added
in subsection (b), by striking “appointed”.
(5)
added
Intelligence Authorization Act for Fiscal Year 2024—
(A)
added
Section 7318— Section 7318 of the Intelligence Authorization Act for Fiscal Year 2024 (50 U.S.C. 3384) is amended—
(i)
added
in subsection (c)—
(I)
added
in paragraph (1), by striking “, acting through the Director of the National Counterintelligence and Security Center,”; and
(II)
added
in paragraph (3), by striking “Director of the National Counterintelligence and Security Center” and inserting “Director of National Intelligence, as the Security Executive Agent,”; and
(ii)
added
in subsection (d)—
(I)
added
in paragraph (1)—
(aa)
added
in subparagraph (A)(i), by striking “Director of the National Counterintelligence and Security Center” and inserting “Director of National Intelligence”; and
(bb)
added
in subparagraph (B), by striking “National Counterintelligence and Security Center” both places it appears and inserting “Federal Bureau of Investigation”; and
(II)
added
in paragraph (2)(A), by striking “Director of the National Counterintelligence and Security Center” and inserting “Director of National Intelligence”.
(B)
added
Section 7334— Section 7334(c)(2) of the Intelligence Authorization Act for Fiscal Year 2024 (50 U.S.C. 3385(c)(2)) is amended by striking “Director of the National Counterintelligence and Security Center” and inserting “head of the National Counterintelligence and Security Center”.
(h)
added
Effective date— The amendments made by this section shall take effect on the date that is 2 years after the date of the enactment of this Act.
(i)
added
References in law— On and after the date that is 2 years after the date of the enactment of this Act, any reference to the Director of the National Counterintelligence and Security Center in law shall be treated as a reference to the Assistant Director of the Federal Bureau of Investigation for Counterintelligence or the Assistant Director’s designee acting on behalf of the Assistant Director as the head of the National Counterintelligence and Security Center.
(j)
added
Rule of construction— Nothing in this section shall preclude the Director of National Intelligence from determining that—
(1)
added
certain coordinating functions of the National Counterintelligence and Security Center shall be retained at the Office of the Director of National Intelligence consistent with the authorities of the Director under section 102A of the National Security Act of 1947 (50 U.S.C. 3024), transferred to another department or agency, or terminated; or
(2)
added
certain missions or functions of the National Counterintelligence and Security Center shall be transferred to another department or agency, or terminated.
Sec. 407
Redesignation and reform of National Counterterrorism Center
added
(a)
added
Domestic counterterrorism intelligence— Subsection (e) of section 119 of the National Security Act of 1947 (50 U.S.C. 3056) is amended to read as follows:
added
“(e) Limitation on domestic activities—The Center may, consistent with applicable law, the direction of the President, and the guidelines referred to in section 102A(b), receive and retain intelligence pertaining to domestic terrorism (as defined in section 2331 of title 18, United States Code) to enable the Center to collect, retain, and disseminate intelligence pertaining only to international terrorism (as defined in section 2331 of title 18, United States Code).”
(b)
added
Redesignation of National Counterterrorism Center as National Counterterrorism and Counternarcotics Center—
(1)
added
In general— Such section is further amended—
(A)
added
in the section heading, by striking “National Counterterrorism Center” and inserting “National Counterterrorism and Counternarcotics Center”;
(B)
added
in subsection (b), in the subsection heading, by striking “National Counterterrorism Center” and inserting “National Counterterrorism and Counternarcotics Center”; and
(C)
added
by striking “National Counterterrorism Center” each place it appears and inserting “National Counterterrorism and Counternarcotics Center”.
(2)
added
Table of contents— The table of contents for such Act, in the matter preceding section 2 of such Act, is amended by striking the item relating to section 119 and inserting the following:
(c)
added
Conforming amendments—
(1)
added
National Security Act of 1947— Section 102A(g)(3) of the National Security Act of 1947 (50 U.S.C. 3024(g)(3)) is amended by striking “National Counterterrorism Center” and inserting “National Counterterrorism and Counternarcotics Center”.
(2)
added
Homeland Security Act of 2002— The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended—
(A)
added
in section 201(d)(1) (6 U.S.C. 121(d)(1)), by striking “National Counterterrorism Center” and inserting “National Counterterrorism and Counternarcotics Center”; and
(B)
added
in section 210D (6 U.S.C. 124k)—
(i)
added
in subsections (b), (c), (d), (f)(1), (f)(2)(A), and (f)(2)(C), by striking “National Counterterrorism Center” each place it appears and inserting “National Counterterrorism and Counternarcotics Center”; and
(ii)
added
in subsection (f)(2)—
(I)
added
in the matter preceding subparagraph (A), by striking “Pursuant to section 119(f)(E) of the National Security Act of 1947 (50 U.S.C. 404o(f)(E)), the Director of the National Counterterrorism Center” and inserting “The Director of the National Counterterrorism and Counternarcotics Center”; and
(II)
added
in subparagraph (B), by striking “119(f)(E)” and inserting “119(f)”.
(3)
added
Intelligence Reform and Terrorism Prevention Act of 2004— The Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458) is amended by striking “National Counterterrorism Center” each place it appears and inserting “National Counterterrorism and Counternarcotics Center”.
(4)
added
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021— Section 1299F of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (22 U.S.C. 2656j) is amended by striking “Director of the National Counterterrorism Center” each place it appears and inserting “Director of the National Counterterrorism and Counternarcotics Center”.
(5)
added
National Defense Authorization Act for Fiscal Year 2008— Section 1079 of the National Defense Authorization Act for Fiscal Year 2008 (50 U.S.C. 3307) is amended by striking “Director of the National Counterterrorism Center” both places it appears and inserting “Director of the National Counterterrorism and Counternarcotics Center”.
(d)
added
Effective date— The amendments made by this section shall take effect on the date that is 30 days after the date of the enactment of this Act.
(e)
added
References in law—
(1)
added
National Counterterrorism Center— On and after the date that is 30 days after the date of the enactment of this Act, any reference to the National Counterterrorism Center in law shall be treated as a reference to the National Counterterrorism and Counternarcotics Center, as redesignated by subsection (c).
(2)
added
Director of the National Counterterrorism Center— On and after the date that is 30 days after the date of the enactment of this Act, any reference to the Director of the National Counterterrorism Center in law shall be treated as a reference to the Director of the National Counterterrorism and Counternarcotics Center.
Sec. 408
Transfer of National Counterproliferation and Biosecurity Center
added
(a)
added
Plan for transfers— Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence and the Director of the Central Intelligence Agency shall jointly submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a plan to achieve the transfer of—
(1)
added
the National Counterproliferation and Biosecurity Center to the Central Intelligence Agency; and
(2)
added
the duties and responsibilities of the Director of the National Counterproliferation and Biosecurity Center to the Director of the Central Intelligence Agency.
(1)
added
Transfer of Center— On a date that is at least 90 days after the date on which the plan required by subsection (a) is submitted, or 1 year after the date of the enactment of this Act, whichever is later, the Director of National Intelligence shall initiate the transfer of the National Counterproliferation and Biosecurity Center to the Central Intelligence Agency, including such missions, objectives, staff, and resources of the Center as the Director of National Intelligence, in coordination with the Director of the Central Intelligence Agency, determines appropriate and as is consistent with the provisions of this section.
(2)
added
Transfer of duties and responsibilities of Director of the Center— On a date that is at least 90 days after the date on which the plan required by subsection (a) is submitted, or 1 year after the date of the enactment of this Act, whichever is later, the Director of National Intelligence shall initiate the transfer to the Director of the Central Intelligence Agency of such duties and responsibilities of the Director of the National Counterproliferation and Biosecurity Center as the Director of National Intelligence, in coordination with the Director of the Central Intelligence Agency, determines appropriate and as is consistent with the provisions of this section.
(3)
added
Completion— Not later than 455 days after the date of the enactment of this Act, the Director of National Intelligence shall complete the transfers initiated under paragraphs (1) and (2).
(c)
added
Reductions in staff— Any reduction in staff of the National Counterproliferation and Biosecurity Center shall comply with the requirements of section 403(b).
(d)
added
Quarterly reports— Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter until the date specified in subsection (i), the Director of National Intelligence and the Director of the Central Intelligence Agency shall jointly submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report on the status of the implementation of this section, including—
(1)
added
the missions and functions of the National Counterproliferation and Biosecurity Center that have been transferred to the Central Intelligence Agency;
(2)
added
the missions and functions of such Center that have been retained at the Office of the Director of National Intelligence;
(3)
added
the missions and functions of such Center that have been transferred to another department or agency; and
(4)
added
the missions and functions of such Center that have been terminated.
(e)
added
Conforming amendments— The National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended—
(1)
added
in section 103(c) (50 U.S.C. 3025(c)), by striking paragraph (13); and
(2)
added
in subsection (a) of section 119A (50 U.S.C. 3057)—
(A)
added
in paragraph (2), by striking “the Director of the National Counterproliferation and Biosecurity Center, who shall be appointed by the Director of National Intelligence” and inserting “the Director of the Central Intelligence Agency or the Director's designee”;
(B)
added
in paragraph (3), by striking “Office of the Director of National Intelligence” and inserting “Central Intelligence Agency”; and
(C)
added
by striking paragraph (4).
(f)
added
Repeal of national security waiver authority— Such section is further amended by striking subsection (c).
(g)
added
Repeal of report requirement— Such section is further amended by striking subsection (d).
(h)
added
Repeal of sense of Congress— Such section is further amended by striking subsection (e).
(i)
added
Effective date— The amendments made by this section shall take effect 455 days after the date of the enactment of this Act.
(j)
added
References in law— On and after the date that is 455 days after the date of the enactment of this Act, any reference to the Director of the National Counterproliferation and Biosecurity Center in law shall be treated as a reference to the Director of the Central Intelligence Agency acting as the head of the National Counterproliferation Center or the Director's designee pursuant to section 119A(a)(2) of the National Security Act of 1947 (50 U.S.C. 3057(a)(2)), as amended by subsection (e)(2).
(k)
added
Rule of construction— Nothing in this section shall preclude the Director of National Intelligence from determining that—
(1)
added
certain coordinating functions of the National Counterproliferation and Biosecurity Center shall be retained at the Office of the Director of National Intelligence consistent with the authorities of the Director under section 102A of the National Security Act of 1947 (50 U.S.C. 3024), transferred to another department or agency, or terminated; or
(2)
added
certain missions or functions of the National Counterproliferation and Biosecurity Center shall be transferred to another department or agency, or terminated.
Sec. 409
National Intelligence Task Forces
added
(a)
added
In general— Section 119B of the National Security Act of 1947 (50 U.S.C. 3058) is amended to read as follows:
added
“119B. National Intelligence Task Forces
added
“(a) Authority to convene—The Director of National Intelligence may convene 1 or more national intelligence task forces, as the Director considers necessary, to address intelligence priorities.
added
“(b) Task force authorities—Pursuant to the direction of the Director of National Intelligence, a national intelligence task force convened under subsection (a) may—
added
“(1) be comprised of select employees of elements of the intelligence community, other than the Office of the Director of National Intelligence, as determined by the Director of National Intelligence to be necessary and appropriate for the task force;
added
“(2) convene at the Office of the Director of National Intelligence for a limited time in support of a specific intelligence matter recognized by the Director; and
added
“(3) be dissolved by the Director of National Intelligence not later than 540 days after the conclusion of support to a specific intelligence matter.
added
“(c) Transfer of responsibility—If the specific intelligence matter a national intelligence task force has been convened to support has not concluded within 540 days after the establishment of the task force, the Director shall transfer responsibility for supporting the intelligence matter to a specific element of the intelligence community.
added
“(d) Compensation—Employees of elements of the intelligence community participating in a national intelligence task force pursuant to subsection (b)(1) shall continue to receive compensation from their agency of employment.
added
“(e) Congressional notification
added
“(1) Notification required—In any case in which a national intelligence task force convened under subsection (a) is in effect for a period of more than 60 days, the Director of National Intelligence shall, not later than 61 days after the date of the convening of the task force, submit to the congressional intelligence committees notice regarding the task force.
added
“(2) Contents—A notice regarding a national intelligence task force submitted pursuant to paragraph (1) shall include the following:
added
“(A) The number of personnel of the intelligence community participating in the task force.
added
“(B) A list of the elements of the intelligence community that are employing the personnel described in subparagraph (A).
added
“(C) Identification of the specific intelligence matter the task force was convened to support.
added
“(D) An approximate date by which the task force will be dissolved.”
(b)
added
Clerical amendment— The table of contents for such Act, in the matter preceding section 2 of such Act, is amended by striking the item relating to section 119B and inserting the following:
Sec. 410
Repeal of various positions, units, centers, councils, and offices
added
(a)
added
Intelligence Community Chief Data Officer—
(1)
added
Repeal— Title I of the National Security Act of 1947 (50 U.S.C. 3021 et seq.) is amended by striking section 103K (50 U.S.C. 3034b).
(2)
added
Conforming amendment— Section 103G of such Act (50 U.S.C. 3032) is amended by striking subsection (d).
(3)
added
Clerical amendment— The table of contents for such Act, in the matter preceding section 2 of such Act, is amended by striking the item relating to section 103K.
(b)
added
Intelligence Community Innovation Unit—
(1)
added
Termination— The Director of National Intelligence shall take such actions as may be necessary to terminate and wind down the operations of the Intelligence Community Innovation Unit before the date specified in paragraph (3).
(A)
added
In general— Title I of the National Security Act of 1947 (50 U.S.C. 3021 et seq.) is further amended by striking section 103L (50 U.S.C. 3034c).
(B)
added
Clerical amendment— The table of contents for such Act, in the matter preceding section 2 of such Act, is further amended by striking the item relating to section 103L.
(3)
added
Effective date— The amendments made by this subsection shall take effect on the date that is 90 days after the date of the enactment of this Act.
(c)
added
Technical amendment regarding expired Climate Security Advisory Council—
(1)
added
Repeal— Title I of the National Security Act of 1947 (50 U.S.C. 3021 et seq.) is further amended by striking section 120 (50 U.S.C. 3060).
(2)
added
Conforming amendment— Section 331 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 113 note) is amended by striking paragraph (2) and inserting the following:
added
“(2) The term climate security means the effects of climate change on the following:
added
“(A) The national security of the United States, including national security infrastructure.
added
“(B) Subnational, national, and regional political stability.
added
“(C) The security of allies and partners of the United States.
added
“(D) Ongoing or potential political violence, including unrest, rioting, guerrilla warfare, insurgency, terrorism, rebellion, revolution, civil war, and interstate war.”
(3)
added
Clerical amendment— The table of contents for such Act, in the matter preceding section 2 of such Act, is further amended by striking the item relating to section 120.
(d)
added
Office of Engagement—
(1)
added
Termination— The Director of National Intelligence shall take such actions as may be necessary to terminate and wind down the operations of the Office of Engagement before the date specified in paragraph (3).
(A)
added
In general— Title I of the National Security Act of 1947 (50 U.S.C. 3021 et seq.) is further amended by striking section 122 (50 U.S.C. 3062).
(B)
added
Clerical amendment— The table of contents for such Act, in the matter preceding section 2 of such Act, is further amended by striking the item relating to section 122.
(3)
added
Effective date— The amendments made by this subsection shall take effect on the date that is 90 days after the date of the enactment of this Act.
(e)
added
Framework for cross-disciplinary education and training—
(1)
added
Repeal— Subtitle A of title X of the National Security Act of 1947 (50 U.S.C. 3191 et seq.) is amended by striking section 1002 (50 U.S.C. 3192).
(2)
added
Clerical amendment— The table of contents for such Act, in the matter preceding section 2 of such Act, is further amended by striking the item relating to section 1002.
(f)
added
Joint Intelligence Community Council—
(1)
added
Termination— The Joint Intelligence Community Council is terminated.
(2)
added
Conforming amendment— Title I of the National Security Act of 1947 (50 U.S.C. 3021 et seq.) is amended by striking section 101A (50 U.S.C. 3022).
(3)
added
Repeal of requirement to consult with joint intelligence community council for national intelligence program budget— Section 102A(c)(1)(B) of the National Security Act of 1947 (50 U.S.C. 3024(c)(1)(B)) is amended by striking “, as appropriate, after obtaining the advice of the Joint Intelligence Community Council,”.
(4)
added
Clerical amendment— The table of contents for such Act, in the matter preceding section 2 of such Act, is amended by striking the item relating to section 101A.
Sec. 501
Declassification of information relating to actions by foreign governments to assist persons evading justice
added
added
Not later than 30 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation shall, in coordination with the Director of National Intelligence, declassify, with any redactions necessary to protect intelligence sources and methods and to comply with provisions of Federal law relating to privacy, any information relating to whether foreign government officials have assisted or facilitated any citizen or national of their country in departing the United States while the citizen or national was under investigation or awaiting trial or sentencing for a criminal offense committed in the United States.
Sec. 502
Enhanced intelligence sharing relating to foreign adversary biotechnological threats
added
(a)
added
In general— Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with such other heads of elements of the intelligence community as the Director considers appropriate, shall establish and submit to the congressional intelligence committees, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a policy for streamlining the declassification or downgrading and sharing of intelligence information relating to biotechnological developments and threats in order to counter efforts by foreign adversaries to weaponize biotechnologies and biological weapons, including threats relating to military, industrial, agricultural, and health applications of biotechnology.
(b)
added
Elements— The plan required by subsection (a) shall include mechanisms for sharing the information described in such subsection—
(1)
added
with allies and partners;
(2)
added
with private sector partners; and
(3)
added
across the Federal Government.
(c)
added
Reporting— Not later than 1 year after the date of the enactment of this Act, and annually thereafter for 2 years, the Director shall submit to the committees specified in subsection (a) a report on progress sharing information with recipients under subsection (b).
Sec. 503
Threat assessment regarding unmanned aircraft systems at or near the international borders of the United States
added
(a)
added
Short title— This section may be cited as the “Intelligence Authorization Act for Fiscal Year 2026”.
(b)
added
Definitions— In this section:
(1)
added
Appropriate committees of Congress— The term appropriate committees of Congress means—
(A)
added
the congressional intelligence committees;
(B)
added
the congressional defense committees;
(C)
added
the Committee on the Judiciary, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and
(D)
added
the Committee on the Judiciary, the Committee on Homeland Security, and the Committee on Appropriations of the House of Representatives.
(2)
added
Director— The term Director means the Director of National Intelligence.
(3)
added
Foreign malign influence— The term foreign malign influence has the meaning given such term in section 119B(f) of the National Security Act of 1947 (50 U.S.C. 3059(f)).
(4)
added
Malign actor— The term malign actor means any individual, group, or organization that is engaged in foreign malign influence, illicit drug trafficking, or other forms of transnational organized crime.
(5)
added
Transnational organized crime— The term transnational organized crime has the meaning given such term in section 284(i) of title 10, United States Code.
(6)
added
Under secretary— The term Under Secretary means the Under Secretary for Intelligence and Analysis of the Department of Homeland Security.
(7)
added
Unmanned aircraft; unmanned aircraft system— The terms unmanned aircraft and unmanned aircraft system have the meanings given such terms in section 44801 of title 49, United States Code.
(c)
added
Threat assessment—
(1)
added
In general— Not later than 1 year after the date of the enactment of this Act, the Director, the Under Secretary, and the heads of the other elements of the intelligence community, shall complete an assessment of the threat regarding unmanned aircraft systems at or near the international borders of the United States.
(2)
added
Elements— The threat assessment required under paragraph (1) shall include a description of—
(A)
added
the malign actors operating unmanned aircraft systems at or near the international borders of the United States, including malign actors who cross such borders;
(B)
added
how a threat is identified and assessed at or near the international borders of the United States, including a description of the capabilities of the United States Government to detect and identify unmanned aircraft systems operated by, or on behalf of, malign actors;
(C)
added
the data and information collected by operators of unmanned aircraft systems at or near the international borders of the United States, including how such data is used by malign actors;
(D)
added
the tactics, techniques, and procedures used at or near the international borders of the United States by malign actors with regard to unmanned aircraft systems, including how unmanned aircraft systems are acquired, modified, and utilized to conduct malicious activities, including attacks, surveillance, conveyance of contraband, and other forms of threats;
(E)
added
the guidance, policies, and procedures that address the privacy, civil rights, and civil liberties of persons who lawfully operate unmanned aircraft systems at or near the international borders of the United States; and
(F)
added
an assessment of the adequacy of current authorities of the United States Government to counter the use of unmanned aircraft systems by malign actors at or near the international borders of the United States.
(1)
added
In general— Not later than 180 days after completing the threat assessment required under subsection (c), the Director and the Under Secretary shall jointly submit to the appropriate committees of Congress a report containing findings with respect to such assessment.
(2)
added
Elements— The report required under paragraph (1) shall include a detailed description of the threats posed to the national security of the United States by unmanned aircraft systems operated by malign actors at or near the international borders of the United States.
(3)
added
Form— The report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex, as appropriate.
Sec. 504
Assessment of the potential effect of expanded partnerships among western hemisphere countries
added
(a)
added
Definition of appropriate committees of Congress— In this section, the term appropriate committees of Congress means—
(1)
added
the congressional intelligence committees;
(2)
added
the Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Homeland Security and Governmental Affairs of the Senate; and
(3)
added
the Committee on Foreign Affairs, the Committee on the Judiciary, and the Committee on Homeland Security of the House of Representatives.
(b)
added
In general— Not later than 120 days after the date of the enactment of this Act, the National Intelligence Council shall—
(1)
added
conduct an assessment of the potential effect of expanding partnerships among countries in the western hemisphere; and
(2)
added
submit to the appropriate committees of Congress a report on the findings of the National Intelligence Council regarding the assessment conducted pursuant to paragraph (1).
(c)
added
Elements— The assessment required by subsection (b) shall include an assessment of the potential effect of expanding such partnerships on—
(1)
added
the illicit drug trade, human smuggling networks, and corruption in Latin America; and
(2)
added
the efforts of China to control global manufacturing.
(d)
added
Form— The report submitted pursuant to subsection (b)(2) shall be submitted in unclassified form and made available to the public, but may include a classified annex.
Sec. 511
Countering Chinese Communist Party efforts that threaten Europe
added
(a)
added
Strategy required— Not later than 120 days after the date of the enactment of this Act, the President, acting through the National Security Council, shall develop an interagency strategy to counter the efforts of the Chinese Communist Party to expand its economic, military, and ideological influence in Europe.
(b)
added
Elements— The strategy required by subsection (a) shall include the following:
(1)
added
An assessment of the current efforts by the intelligence community to brief members of the North Atlantic Treaty Organization on intelligence and influence activities by the Chinese Communist Party in Europe, including the following:
(A)
added
Any support by the Chinese Communist Party to the economy and defense industrial base of the Russian Federation.
(B)
added
Any provision of lethal assistance to the Russian army by the Chinese Communist Party.
(C)
added
Any cyber operations by the Chinese Communist Party to gain the ability to remotely shut down critical infrastructure in Europe.
(D)
added
Any influence operations by the Chinese Communist Party to sway European public opinion.
(E)
added
Any use by the Chinese Communist Party of economic coercion and weaponization of economic ties to members of the North Atlantic Treaty Organization for political gain.
(2)
added
A strategic plan to counter the influence of the Chinese Communist Party in Europe that includes proposals for actions by the United States, including the following:
(A)
added
Robust intelligence sharing with European allies in the areas described in paragraph (1), and an identification of additional capabilities and resources needed for such intelligence sharing.
(B)
added
Engagement with European allies regarding coordinated sanctions and export control actions, including compliance with existing and future sanctions and export controls, designed to deter and undermine the ongoing support of the People’s Republic of China for the defense industrial base of the Russian Federation.
(C)
added
Actions required by the United States Government to support United States and allied country businesses to provide competitive alternatives to Chinese bids in the following European sectors:
(ii)
added
Telecommunications.
(v)
added
Ports and other critical infrastructure.
(D)
added
Assistance to European governments in passing legislation or enforcing regulations that protect European academic institutions, think tanks, research entities, and nongovernmental organizations from efforts by the United Front Work Department of the Chinese Communist Party to normalize talking points and propaganda of the Chinese Communist Party.
(E)
added
Any other action the President determines is necessary to counter the Chinese Communist Party in Europe.
(c)
added
Submission to Congress—
(1)
added
In general— Not later than 30 days after the date on which the President completes development of the strategy required by subsection (a), the President shall submit the strategy to the appropriate committees of Congress.
(2)
added
Definition of appropriate committees of Congress— In this subsection, the term appropriate committees of Congress means—
(A)
added
the congressional intelligence committees;
(B)
added
the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, the Committee on Armed Services, the Committee on the Judiciary, the Committee on Finance, the Committee on Commerce, Science, and Transportation, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Appropriations of the Senate; and
(C)
added
the Committee on Homeland Security, the Committee on Foreign Affairs, the Committee on the Judiciary, the Committee on Armed Services, the Committee on Financial Services, and the Committee on Appropriations of the House of Representatives.
Sec. 512
Prohibition on intelligence community contracting with Chinese military companies engaged in biotechnology research, development, or manufacturing
added
(a)
added
Definitions— In this section:
(1)
added
1260H list— The term 1260H list means the list of Chinese military companies operating in the United States most recently submitted under section 1260H(b)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note; Public Law 116–283).
(2)
added
Affiliate— The term affiliate means an entity that directly or indirectly controls, is controlled by, or is under common control with another entity.
(3)
added
Biotechnology— The term biotechnology means the use of biological processes, organisms, or systems for manufacturing, research, or medical purposes, including genetic engineering, synthetic biology, and bioinformatics.
(b)
added
Prohibition— Subject to subsections (d) and (e), a head of an element of the intelligence community may not enter into, renew, or extend any contract for a good or service with—
(1)
added
any entity listed on the 1260H list that is engaged in biotechnology research, development, manufacturing, or related activities;
(2)
added
any entity that is an affiliate, subsidiary, or parent company of a biotechnology company included on the 1260H list;
(3)
added
any entity that has a known joint venture, partnership, or contractual relationship with a biotechnology company included on the 1260H list, where such relationship presents a risk to national security as determined by the Director of National Intelligence; or
(4)
added
any entity that is engaged in biotechnology research, development, manufacturing, or related activities and deemed to be a threat to national security as determined by the Director.
(c)
added
Implementation and compliance— The Director of National Intelligence shall—
(1)
added
establish guidelines for determining affiliation and contractual relationships under this section;
(2)
added
maintain a publicly available list of biotechnology companies and affiliates with whom contracting is prohibited under subsection (b);
(3)
added
require that each head of an element of the intelligence community ensure that the contractors and subcontractors engaged by the element certify that they are not engaged in a contract for a good or service with an entity included on the 1260H list that is engaged in biotechnology research, development, manufacturing, or a related activity; and
(4)
added
conduct regular audits to ensure compliance with subsection (b).
(d)
added
Waiver authority—
(1)
added
In general— The Director of National Intelligence may waive the prohibition under subsection (b) for a procurement on a case-by-case basis if the Director determines, in writing, that—
(A)
added
the procurement is essential for national security and no reasonable alternative source exists; and
(B)
added
appropriate measures are in place to mitigate risks associated with the procurement.
(2)
added
Congressional notification— For each waiver for a procurement issued under subsection (b), the Director shall, not later than 30 days after issuing the waiver, submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a notice of the waiver, which shall include a justification for the waiver and a description of the risk mitigation measures implemented for the procurement.
(e)
added
Exceptions— The prohibitions under subsection (b) shall not apply to—
(1)
added
the acquisition or provision of health care services overseas for—
(A)
added
employees of the United States, including members of the uniformed services (as defined in section 101(a) of title 10, United States Code), whose official duty stations are located overseas or who are on permissive temporary duty travel overseas; or
(B)
added
employees of contractors or subcontractors of the United States—
(i)
added
who are performing under a contract that directly supports the missions or activities of individuals described in subparagraph (A); and
(ii)
added
whose primary duty stations are located overseas or who are on permissive temporary duty travel overseas; or
(2)
added
the acquisition, use, or distribution of human multiomic data, lawfully compiled, that is commercially or publicly available.
(f)
added
Effective date— This section shall take effect on the date that is 60 days after the date of the enactment of this Act.
(g)
added
Sunset— The provisions of this section shall terminate on the date that is 10 years after the date of the enactment of this Act.
Sec. 513
Report on the wealth of the leadership of the Chinese Communist Party
added
(a)
added
In general— Not later than 180 days after the date of the enactment of this Act, and not later than 180 days following the appointment of a new Central Committee within the Chinese Communist Party, the Director of National Intelligence, in consultation with the Secretary of State and the Secretary of Defense, shall post on a publicly available website of the Office of the Director of National Intelligence and submit to the Select Committee on Intelligence and the Committee on Foreign Relations of the Senate and the Permanent Select Committee on Intelligence and the Committee on Foreign Affairs of the House of Representatives a report on the wealth of the leadership of the Chinese Communist Party.
(b)
added
Elements— The report required under subsection (a) shall include the following elements:
(1)
added
A detailed assessment of the personal wealth, financial holdings, and business interests of the following foreign persons, including the immediate family members of such persons:
(A)
added
The General Secretary of the Chinese Communist Party.
(B)
added
Members of the Politburo Standing Committee.
(C)
added
Members of the full Politburo.
(2)
added
Evidence of physical and financial assets owned or controlled directly or indirectly by such officials and their immediate family members, including, at a minimum—
(A)
added
real estate holdings inside and outside the People’s Republic of China, including the Special Administrative Regions of Hong Kong and Macau;
(B)
added
any high-value personal assets; and
(C)
added
business holdings, investments, and financial accounts held in foreign jurisdictions.
(3)
added
Identification of financial proxies, business associates, or other entities used to obscure the ownership of such wealth and assets, including as a baseline those referenced in the March 2025 report issued by the Office of the Director of National Intelligence entitled, “Wealth and Corrupt Activities of the Leadership of the Chinese Communist Party”.
(4)
added
Nonpublic information related to the wealth of the leadership of the Chinese Communist Party, to the extent possible consistent with the protection of intelligence sources and methods.
(c)
added
Form— The report posted and submitted under subsection (a) shall be in unclassified form, but the version submitted to the Select Committee on Intelligence and the Committee on Foreign Relations of the Senate and the Permanent Select Committee on Intelligence and the Committee on Foreign Affairs of the House of Representatives may include a classified annex as necessary.
(d)
added
Sunset— This section shall have no force or effect 5 years after the date of the enactment of this Act.
(e)
added
Definitions— In this section:
(1)
added
Immediate family member— The term immediate family member, with respect to a foreign person, means—
(A)
added
the spouse of the person;
(B)
added
the natural or adoptive parent, child, or sibling of the person;
(C)
added
the stepparent, stepchild, stepbrother, or stepsister of the person;
(D)
added
the father-, mother-, daughter-, son-, brother-, or sister-in-law of the person;
(E)
added
the grandparent or grandchild of the person; and
(F)
added
the spouse of a grandparent or grandchild of the person.
(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)).
Sec. 514
Assessment and report on investments by the People's Republic of China in the agriculture sector of Brazil
added
(a)
added
Definitions— In this section:
(1)
added
Agriculture sector— The term agriculture sector means any physical infrastructure, energy production, land, or other inputs associated with the production of agricultural commodities (as defined in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602)).
(2)
added
Appropriate committees of Congress— The term appropriate committees of Congress means—
(A)
added
the congressional intelligence committees;
(B)
added
the Committee on Agriculture, Nutrition, and Forestry and the Committee on Foreign Relations of the Senate; and
(C)
added
the Committee on Agriculture and the Committee on Foreign Affairs of the House of Representatives.
(b)
added
Assessment required—
(1)
added
In general— Not later than 60 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the Secretary of State and the Secretary of Agriculture, shall assess the extent of investment by the People's Republic of China in the agriculture sector of Brazil.
(2)
added
Considerations— The assessment shall consider the following:
(A)
added
The extent to which President Xi Jinping has engaged in or directed engagement with Brazilian leadership with regard to the agriculture sector of Brazil.
(B)
added
The extent of engagement between the Government of the People's Republic of China and the agriculture sector of Brazil.
(C)
added
The strategic intentions of the engagement or direction of President Xi, if any, to invest in the agriculture sector of Brazil.
(D)
added
The number of entities based in or owned by the People's Republic of China invested in the agriculture sector of Brazil, including joint ventures with Brazilian-owned companies.
(E)
added
The impacts to the supply chain, global market, and food security of investment in or control of the agriculture sector in Brazil by the People's Republic of China.
(c)
added
Report required—
(1)
added
In general— Not later than 90 days after the date of the enactment of this Act, the Director shall submit to the appropriate committees of Congress a report detailing the assessment required by subsection (b).
(2)
added
Form— The report required by paragraph (2) shall be submitted in unclassified form but may include a classified annex.
Sec. 515
Identification of entities that provide support to the People's Liberation Army
added
(a)
added
Definition of appropriate committees of Congress— In this section, the term appropriate committees of Congress means—
(1)
added
the congressional intelligence committees;
(2)
added
the congressional defense committees;
(3)
added
the Committee on Foreign Relations of the Senate; and
(4)
added
the Committee on Foreign Affairs of the House of Representatives.
(b)
added
In general— The Director of National Intelligence shall identify the businesses, academic and research institutions, and other entities in the People’s Republic of China that provide support to the People’s Liberation Army, including—
(1)
added
for national defense or military modernization, including the development, application, or integration of civilian capabilities for military, paramilitary, or security purposes;
(2)
added
for the development, production, testing, or proliferation of weapons systems, critical technologies, or dual-use items, as defined under applicable United States law (including regulations); or
(3)
added
academic, scientific, or technical collaboration that materially contributes to or supports any of the activities described in paragraphs (1) through (3).
(c)
added
Submission of list to Congress— Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Director of National Intelligence shall submit to the appropriate committees of Congress a list of each entity identified under subsection (b).
Sec. 516
Establishing a China Economics and Intelligence cell to publish China Economic Power Report
added
(a)
added
Establishment— Not later than 90 days after the date of the enactment of this Act, the Assistant Secretary of State for Intelligence and Research and the Assistant Secretary of the Treasury for Intelligence and Analysis (referred to in this section as the Assistant Secretaries) shall establish a joint cell to be known as the China Economics and Intelligence Cell.
(b)
added
Report required— Not later than 180 days after the date of the enactment of this Act, the China Economics and Intelligence Cell, in coordination with other elements of the intelligence community and Federal agencies, as the Assistant Secretaries determine appropriate, shall submit to the congressional intelligence committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report on economic and technological developments involving the People's Republic of China.
(c)
added
Elements— The report required by subsection (b) shall include the following:
(1)
added
An assessment of the economic goals and strategies, financial capabilities, and current and future technological developments used by the People's Republic of China to become the dominant economic, technological, and military power in the world.
(2)
added
An assessment of efforts by the People's Republic of China during the preceding year to acquire technology from the United States and United States allies, to increase dependence of the United States on the economy of the People's Republic of China, and to distort global markets and harm the economy of the United States through predatory, non-market practices.
(3)
added
An assessment of plans and efforts by the People's Republic of China to leverage and weaponize the economic power of the country, including access to markets, manufacturing capacity, and use of trade and investment ties, to coerce the United States and United States allies to make concessions on economic security and national security matters.
(4)
added
An appendix that lists any Chinese entity that is—
(A)
added
included on the Entity List maintained by the Department of Commerce and set forth in Supplement No. 4 to part 744 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations;
(B)
added
included on the Unverified List maintained by the Department of Commerce and set forth in Supplement No. 6 to part 744 of the Export Administration Regulations;
(C)
added
included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (commonly known as the SDN list);
(D)
added
included on the Non-SDN Chinese Military-Industrial Complex Companies List maintained by the Office of Foreign Assets Control of the Department of the Treasury 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);
(E)
added
designated by the Secretary of State as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189);
(F)
added
identified by the Secretary of Defense under section 1260H(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 113 note) as a Chinese military company operating directly or indirectly in the United States; or
(G)
added
included on a list maintained under clause (i), (ii), (iv), or (v) of section 2(d)(2)(B) of the Act entitled “An Act to ensure that goods made with forced labor in the Xinjiang Autonomous Region of the People’s Republic of China do not enter the United States market, and for other purposes”, approved December 23, 2021 (Public Law 117–78; 22 U.S.C. 6901 note) (commonly referred to as the Uyghur Forced Labor Prevention Act).
(d)
added
Use of information— In preparing the report required by subsection (b), the Assistant Secretaries, in coordination with the Director of National Intelligence, shall use all available source intelligence and strive to declassify information included in the report.
(e)
added
Form— The report required by subsection (b) shall be submitted in unclassified form, but may include a classified annex.
(f)
added
Public availability— The unclassified portion of the report required by subsection (b) shall be made available to the public.
Sec. 517
Modification of annual reports on influence operations and campaigns in the United States by the Chinese Communist Party
added
added
Section 1107 of the National Security Act of 1947 (50 U.S.C. 3237) is amended—
(1)
added
in subsection (a)—
(A)
added
by striking “Director of the National Counterintelligence and Security Center” and inserting “Director of National Intelligence, in coordination with the Director of the Federal Bureau of Investigation, the Director of the Central Intelligence Agency, the Director of the National Security Agency, and any other head of an element of the intelligence community the Director of National Intelligence considers relevant,”; and
(B)
added
by inserting “the Committee on the Judiciary of the Senate, the Committee on the Judiciary of the House of Representatives,” after “congressional intelligence committees”;
(2)
added
in subsection (b)—
(A)
added
by redesignating paragraph (10) as paragraph (12); and
(B)
added
by inserting after paragraph (9) the following:
added
“(10) A listing of provincial, municipal, or other law enforcement institutions, including police departments, in the People’s Republic of China associated with establishing or maintaining a Chinese police presence in the United States.
added
“(11) A listing of colleges and universities in the People’s Republic of China that conduct military research or host dedicated military initiatives or laboratories.”
(3)
added
by striking subsection (c); and
(4)
added
by redesignating subsection (d) as subsection (c).
Sec. 521
Assessment of Russian destabilization efforts
added
added
Section 1234(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3936) is amended by adding at the end the following new paragraph:
added
“(27) An assessment of the efforts by Russia to undermine or destabilize the national or economic security of the United States or members of the North Atlantic Treaty Organization, including plans or attempts by Russia to conduct sabotage, including damage to infrastructure, or acts of arson or vandalism.”
Sec. 531
Plan to enhance counternarcotics collaboration, coordination, and cooperation with the Government of Mexico
added
(a)
added
Requirement for intelligence community elements— Not later than 60 days after the date of the enactment of this Act, the head of each element of the intelligence community shall submit to the Director of National Intelligence the following:
(1)
added
A description and assessment of the intelligence community element’s direct relationship, if any, with any element of the Government of Mexico, including an assessment of the counterintelligence risks of such relationship.
(2)
added
A strategy to enhance counternarcotics cooperation and appropriate coordination with each element of the Government of Mexico with which the intelligence community element has a direct relationship.
(3)
added
Recommendations and a description of the resources required to efficiently and effectively implement the strategy required by paragraph (2) in furtherance of the national interest of the United States.
(b)
added
Requirement for Director of National Intelligence— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives the following:
(1)
added
The submissions received by the Director pursuant to subsection (a).
(2)
added
An action plan to enhance counternarcotics collaboration, coordination, and cooperation with the Government of Mexico, including recommendations or requests for any changes in authorities or resources in order to effectuate the plan effectively in fiscal year 2026.
(1)
added
Submissions from intelligence community elements— The submissions required by subsection (b)(1) shall be submitted to the relevant committees in the same form in which they were submitted to the Director of National Intelligence.
(2)
added
Action plan— The submission required by subsection (b)(2) shall be submitted in unclassified form, but may include a classified annex.
Sec. 532
Enhancing intelligence support to counter foreign adversary influence in Sudan
added
added
Not later than 90 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall, in consultation with such other heads of elements of the intelligence community as the Director considers appropriate, develop a plan—
(1)
added
to share relevant intelligence, if any, relating to foreign adversary efforts to influence the conflict in Sudan, with regional allies and partners of the United States, including to downgrade or declassify such intelligence as needed; and
(2)
added
to counter foreign adversary efforts to influence the conflict in Sudan in order to protect national and regional security.
Sec. 533
Ukraine lessons learned working group
added
added
Section 6413(e) of the Intelligence Authorization Act of 2025 (division F of Public Law 118–159) is amended—
(1)
added
by redesignating paragraph (3) as paragraph (4); and
(2)
added
by inserting after paragraph (2) the following new paragraph (3):
added
“(3) Evaluate which lessons should be shared with Taiwan to assist Taiwan’s acquisitions decisions and capability development.”
Sec. 534
Improvements to requirement for monitoring of Iranian enrichment of uranium-235
added
added
Paragraph (1) of section 7413(b) of the Intelligence Authorization Act for Fiscal Year 2024 (Public Law 118–31; 22 U.S.C. 8701 note) is amended—
(1)
added
by redesignating paragraph (2) as paragraph (3);
(2)
added
in paragraph (1), by striking “assesses that the Islamic Republic of Iran has produced or possesses any amount of uranium-235 enriched to greater than 60 percent purity or has engaged in significant enrichment activity,” and inserting “makes a finding described in paragraph (2) pursuant to an assessment,”; and
(3)
added
by inserting after paragraph (1) the following:
added
“(2) Finding described—A finding described in this paragraph is a finding that the Islamic Republic of Iran has—
added
“(A) produced or possesses any amount of uranium-235 enriched to greater than 60 percent purity;
added
“(B) engaged in significant enrichment activity; or
added
“(C) made the decision to produce a nuclear weapon from highly enriched uranium.”
Sec. 535
Duty to warn United States persons threatened by Iranian lethal plotting
added
(a)
added
Definitions— In this section:
(1)
added
Appropriate congressional committees— The term appropriate congressional committees means—
(A)
added
the Committee on Foreign Relations, the Select Committee on Intelligence, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate; and
(B)
added
the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, the Committee on Homeland Security, and the Committee on the Judiciary of the House of Representatives.
(2)
added
Iranian proxy— The term Iranian proxy means any entity receiving support from the Government of the Islamic Republic of Iran or the Iranian Revolutionary Guard Corps, including—
(D)
added
Shia militia groups in Iraq and Syria.
(3)
added
United States person— The term United States person means—
(A)
added
a United States citizen;
(B)
added
a national of the United States; or
(C)
added
an alien lawfully admitted for permanent residence to the United States.
(b)
added
In general— Upon collecting or acquiring credible and specific information indicating an impending threat of intentional killing, serious bodily injury, or kidnapping directed at a United States person by the Islamic Republic of Iran or an Iranian proxy, an element of the intelligence community must immediately notify the Director of the Federal Bureau of Investigation and, if the intended victim is under protection of a government entity, any persons responsible for protecting that individual of such information.
(c)
added
Warning; transmission to Congress— Not later than 48 hours after receiving a notification pursuant to subsection (b), the Director of the Federal Bureau of Investigation shall—
(1)
added
warn the intended victim, or any persons responsible for protecting the intended victim, of the impending threat;
(2)
added
inform the agencies with a protective mission of the information, consistent with the protection of sources and methods; and
(3)
added
provide the information received pursuant to subsection (b) to the appropriate congressional committees, consistent with the protection of sources and methods.
(d)
added
Rule of construction— Nothing in this section shall be construed to limit any duty to warn already in effect, including under Intelligence Community Directive 191 (relating to duty to warn) and any policies or procedures issued in accordance with such directive.
Sec. 601
Intelligence Community Technology Bridge Program
added
(a)
added
Definitions— In this section:
(1)
added
Nonprofit organization— The term nonprofit organization means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and that is exempt from tax under section 501(a) of such Code.
(2)
added
Work program— The term work program means any agreement between In-Q-Tel and a third-party company, where such third-party company furnishes or is furnishing a product or service for use by any government customer of In-Q-Tel to address the technology needs or requirements of such customer.
(b)
added
Establishment of program— There is established in the Office of the Director of National Intelligence a program to be known as the “Intelligence Community Technology Bridge Program” (in this subsection referred to as the “Program”) to assist in the transitioning of products or services from the research and development phase to the prototype or production phase, subject to the extent and in such amounts as specifically provided in advance in appropriations Acts for such purposes .
(c)
added
Provision of assistance—
(1)
added
In general— Subject to paragraph (3), the Director shall, in consultation with In-Q-Tel, carry out the Program by providing assistance to a business or nonprofit organization that is transitioning a product or service to the prototype or production phase, as a means of advancing government acquisitions of the product or service.
(2)
added
Types of assistance— Assistance under paragraph (1) may be provided in the form of a grant or a payment for a product or service.
(3)
added
Requirements for assistance— Assistance may be provided under paragraph (1) to a business or nonprofit organization that is transitioning a product or service only if—
(A)
added
the business or nonprofit organization—
(i)
added
has participated or is participating in a work program; or
(ii)
added
is engaged with an element of the intelligence community or Department of Defense for research and development; and
(B)
added
the Director of National Intelligence or the head of an element of the intelligence community attests that the product or service will be utilized by an element of the intelligence community for a mission need, such as because it would be valuable in addressing a needed capability, fill or complement a technology gap, or increase the supplier base or price competitiveness for the Federal Government.
(4)
added
Priority for small business concerns and nontraditional defense contractors— In providing assistance under paragraph (1), the Director shall limit the provision of assistance to small business concerns (as defined under section 3(a) of the Small Business Act (15 U.S.C. 632(a))) and nontraditional defense contractors (as defined in section 3014 of title 10, United States Code).
(d)
added
Administration of Program—
(1)
added
In general— The Program shall be administered by the Director of National Intelligence.
(2)
added
Consultation— In administering the Program, the Director—
(A)
added
shall consult with the heads of the elements of the intelligence community; and
(B)
added
may consult with In-Q-Tel, the Defense Advanced Research Projects Agency, Intelligence Advanced Research Projects Activity, National Laboratories intelligence community laboratories, the North Atlantic Treaty Organization Investment Fund, the Defense Innovation Unit, and such other entities as the Director deems appropriate.
(e)
added
Semiannual reports—
(1)
added
In general— Not later than September 30, 2026, and not less frequently than twice each fiscal year thereafter in which amounts are available for the provision of assistance under the Program, the Director shall submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report on the Program.
(2)
added
Contents— Each report submitted pursuant to paragraph (1) shall include, for the period covered by the report, information about the following:
(A)
added
How much was expended or obligated by the Program in the provision of assistance under subsection (c).
(B)
added
For what the amounts were expended or obligated.
(C)
added
The effects of such expenditures and obligations, including a timeline for expected milestones for operational use.
(D)
added
A summary of annual transition activities and outcomes of such activities for the intelligence community.
(E)
added
A description of why products and services were chosen for transition, including a description of milestones achieved.
(3)
added
Form— Each report submitted pursuant to paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(f)
added
Authorization of appropriations— There is authorized to be appropriated to the Office of the Director of National Intelligence to carry out the Program $75,000,000 for fiscal year 2026.
Sec. 602
Enhancing biotechnology talent within the intelligence community
added
(a)
added
In general— Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall establish a policy for how existing and future funding and resources of the intelligence community can be directed to ensure the intelligence community has sufficient cleared personnel, including private sector experts, to identify and respond to biotechnology threats.
(b)
added
Elements— The policy required by subsection (a) shall include the following:
(1)
added
The exact number of personnel dedicated to biotechnology issues apart from biological weapons, including military, industrial, agricultural, and healthcare threats, in each element of the intelligence community as of the date on which the report is submitted, including staff breakdowns by position function.
(2)
added
An assessment on the following:
(A)
added
Where additional full-time employees or detailees are appropriate.
(B)
added
How to increase partnerships with other government and private sector organizations, including the National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)), including how existing funding and resources of the intelligence community can be directed to secure such expertise, including appropriate security clearances.
(C)
added
How to better use special hiring authorities to accomplish the goal described in subsection (a).
(D)
added
How to increase recruitment and retention of biotechnology talent.
(c)
added
Implementation and report— Not later than 180 days after the date of the establishment of the policy required by subsection (a), the Director of National Intelligence shall—
(1)
added
direct the funding and resources described in subsection (b)(2)(B) towards securing sufficient expertise to identify and respond to biotechnology threats; and
(2)
added
submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report on additional funding and resources needed to carry out subsection (b)(2).
Sec. 603
Enhanced intelligence community support to secure United States genomic data
added
(a)
added
In general— The Director of National Intelligence, in consultation with such other heads of elements of the intelligence community as the Director considers appropriate, shall provide support to and consult with the Federal Bureau of Investigation, the Committee on Foreign Investment in the United States, and other government agencies as appropriate when reviewing transactions relating to the acquisition of covered entities by foreign entities, including attempts by the Government of the People's Republic of China—
(1)
added
to leverage and acquire biological and genomic data in the United States; and
(2)
added
to leverage and acquire biological and genomic data outside the United States, including by providing economic support to the military, industrial, agricultural, or healthcare infrastructure of foreign countries of concern.
(b)
added
Assessment— Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall brief the appropriate congressional committees on—
(1)
added
a formal process for ensuring intelligence community support to Federal agencies relating to adversary acquisition of genomic data, in compliance with Executive Order 14117 (50 U.S.C. 1701 note; relating to preventing access to Americans’ bulk sensitive personal data and United States Government-related data by countries of concern), or any successor order; and
(2)
added
any additional resources or authorities needed to conduct subsequent intelligence assessments under such subsection.
(c)
added
Definitions— In this section:
(1)
added
Appropriate congressional committees— The term appropriate congressional committees means—
(A)
added
the congressional intelligence committees;
(B)
added
the congressional defense committees;
(C)
added
the Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Banking, Housing, and Urban Affairs of the Senate; and
(D)
added
the Committee on Foreign Affairs, the Committee on the Judiciary, and the Committee on Financial Services of the House of Representatives.
(2)
added
Biological data— The term biological data means information, including associated descriptors, derived from the structure, function, or process of a biological system, that is either measured, collected, or aggregated for analysis, including information from humans, animals, plants, or microbes.
(3)
added
Covered entity— The term covered entity means a private entity involved in genomic data (including genomic data equipment, technologies, sequencing, or synthesis), including a biobank or other private entity that holds large amounts of genomic or biological data.
(4)
added
Foreign entity of concern— The term foreign entity of concern has the meaning given that term in section 10612(a) of the Research and Development, Competition, and Innovation Act (42 U.S.C. 19221(a)).
Sec. 604
Ensuring intelligence community procurement of domestic United States production of synthetic DNA and RNA
added
(a)
added
In general— Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with such other heads of elements of the intelligence community as the Director considers appropriate, shall establish a policy to ensure that elements of the intelligence community may not contract with Chinese biotechnology suppliers that are determined by the Director to pose a security threat.
(b)
added
Elements— The policy required by subsection (a) shall include that an element of the intelligence community may not procure or obtain any product made using synthetic DNA or RNA unless—
(1)
added
the final assembly or processing of the product occurs in the United States;
(2)
added
all significant processing of the product occurs in the United States; and
(3)
added
all or nearly all ingredients or components of the product are made and sourced in the United States.
(c)
added
Waiver— The Director of National Intelligence may waive the application of the policy required by subsection (a) to allow purchases prohibited by such policy if the purpose of such a purchase fulfills a national security need.
(d)
added
Definitions— In this section:
(1)
added
Chinese biotechnology supplier— The term Chinese biotechnology supplier means a supplier of biotechnology that is organized under the laws of, or otherwise subject to the jurisdiction of, the People's Republic of China.
(2)
added
Synthetic DNA or RNA— The term synthetic DNA or RNA means any nucleic acid sequence that is produced de novo through chemical or enzymatic synthesis.
Sec. 605
Report on identification of intelligence community sites for advanced nuclear technologies
added
(a)
added
Definition of appropriate committees of Congress— In this section, the term appropriate committees of Congress means—
(1)
added
the congressional intelligence committees;
(2)
added
the Committee on Energy and Natural Resources, the Committee on Commerce, Science, and Transportation, the Committee on Homeland Security and Governmental Affairs, and the Committee on Environment and Public Works of the Senate; and
(3)
added
the Committee on Energy and Commerce and the Committee on Homeland Security of the House of Representatives.
(b)
added
Report on identification of sites— Not later than 240 days after the date of the enactment of this Act, the Director of National Intelligence shall, in consultation with such heads of elements of the intelligence community as the Director considers necessary, and in coordination with efforts of the Secretary of Defense and the Secretary of Energy, submit to the appropriate committees of Congress a report identifying 1 or more sites which could benefit from secure, resilient energy through the deployment of advanced nuclear technologies, ranging from 1 to 100 megawatts, at minimum, which deployment would be to serve in whole or in part the facility, structure, infrastructure, or part thereof for which a head of an element of the intelligence community has financial or maintenance responsibility.
(c)
added
Plans— The report submitted pursuant to subsection (b) shall include plans to ensure—
(1)
added
prioritizing early site preparation and licensing activities for deployment of advanced nuclear technologies with a goal of beginning advanced nuclear technology deployment at any identified site not later than 3 years after the date of the enactment of this Act;
(2)
added
the ability to authorize an identified site to interconnect with the commercial electric grid, in accordance with the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), if the head of the element responsible for the reactor deployment determines that such interconnection enhances national security; and
(3)
added
fuel for the advanced nuclear technologies operated at identified sites is not subject to obligations (as defined in section 110.2 of title 10, Code of Federal Regulations, or successor regulations).
Sec. 606
Addressing intelligence gaps relating to China's investment in United States-origin biotechnology
added
(a)
added
In general— Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the officials specified in subsection (b), shall submit to the President, the congressional intelligence committees, and the congressional defense committees a strategy for addressing intelligence gaps relating to—
(1)
added
investment activity by the People’s Republic of China in the biotechnology sector of the United States;
(2)
added
acquisition of intellectual property relating to United States-origin biotechnology by entities of the People’s Republic of China; and
(3)
added
any authorities or resources needed to address the gaps outlined in paragraphs (1) and (2).
(b)
added
Officials specified— The officials specified in this paragraph are the following:
(1)
added
The Director of the Central Intelligence Agency.
(2)
added
The Assistant Secretary of the Treasury for Intelligence and Analysis.
(3)
added
The Director of the Defense Intelligence Agency.
(4)
added
The Director of the Office of Intelligence and Counterintelligence of the Department of Energy.
(5)
added
The Assistant Secretary of State for Intelligence and Research.
(6)
added
The heads of such other elements of the intelligence community as the Director of National Intelligence considers appropriate.
Sec. 607
Additional functions and requirements of Artificial Intelligence Security Center
added
added
Section 6504 of the Intelligence Authorization Act for Fiscal Year 2025 (division F of Public Law 118–159) is amended—
(1)
added
in subsection (c)—
(A)
added
by redesignating paragraph (3) as paragraph (4); and
(B)
added
by inserting after paragraph (2) the following new paragraph (3):
added
“(3) Making available a research test bed to private sector and academic researchers, on a subsidized basis, to engage in artificial intelligence security research, including through the secure provision of access in a secure environment to proprietary third-party models with the consent of the vendors of the models.”
(2)
added
by redesignating subsection (d) as subsection (f); and
(3)
added
by inserting after subsection (c) the following:
added
“(d) Test bed requirements
added
“(1) Access and terms of usage
added
“(A) Researcher access—The Director shall establish terms of usage governing researcher access to the test bed made available under subsection (c)(3), with limitations on researcher publication only to the extent necessary to protect classified information or proprietary information concerning third-party models provided through the consent of model vendors.
added
“(B) Availability to Federal agencies—The Director shall ensure that the test bed made available under subsection (c)(3) is also made available to other Federal agencies on a cost-recovery basis.
added
“(2) Use of certain infrastructure and other resources—In carrying out subsection (c)(3), the Director shall coordinate with the Secretary of Energy to leverage existing infrastructure and other resources associated with the National Artificial Intelligence Research Resource.
added
“(e) Access to proprietary models—In carrying out this section, the Director shall establish such mechanisms as the Director considers appropriate, including potential contractual incentives, to ensure the provision of access to proprietary models by qualified independent third-party researchers if commercial model vendors have voluntarily provided models and associated resources for such testing.”
Sec. 608
Artificial intelligence development and usage by intelligence community
added
(a)
added
Identification of commonly used artificial intelligence systems and functions that can be re-used by other elements— Not later than 1 year after the date of the enactment of this Act, the Chief Information Officer of the Intelligence Community shall, in coordination with the Chief Artificial Intelligence Officer of the Intelligence Community, identify commonly used artificial intelligence systems or functions that have the greatest potential for re-use by intelligence community elements.
(b)
added
Sharing of identified applications and functions— Except as explicitly prohibited by a contractual obligation, and to the extent consistent with the protection of intelligence sources and methods, for any artificial intelligence system or function identified pursuant to subsection (a), each Chief Artificial Intelligence Officer of an element of the intelligence community shall adopt a policy to promote the sharing of any custom-developed code, including models and model weights, whether agency-developed or procured, with other elements of the intelligence community that rely on common artificial intelligence systems or functions.
(1)
added
Rights to Federal data and improvements— Each head of an element of the intelligence community shall take such steps as the Chief Information Officer of the element determines appropriate, to ensure that contracts to which the element is a party provide for the retention of sufficient rights to all Federal data and the retention of the rights to any improvement to that data, including the continued design, development, testing, and operation of an artificial intelligence system.
(2)
added
Limitations on re-use of derived information— Each head of an element of the intelligence community shall consider contractual terms that protect Federal information used by vendors in the development and operation of artificial intelligence products and services procured by the element, including limitations on the re-use of derived information for products or services sold to foreign governments by such vendors.
(3)
added
Limitations on use of data to train or improve commercial offerings— Each head of an element of the intelligence community shall include terms in the contracts in which the elements are parties to protect intelligence community data from being used to train or improve the functionality of a vendor’s commercial offerings without express permission from the head.
(d)
added
Model contract terms— The Chief Information Officer of the Intelligence Community shall provide the elements of the intelligence community with model contractual terms for consideration by the heads of those elements to prevent vendor lock-in, as well as the adoption of procurement practices that encourage competition to sustain a robust marketplace for artificial intelligence products and services, including through contractual preferences for interoperable artificial intelligence products and services.
(e)
added
Tracking and evaluating performance— Each head of an element of the intelligence community shall track and evaluate performance of procured and element-developed artificial intelligence by—
(1)
added
documenting known capabilities and limitations of the artificial intelligence system and any guidelines on how the artificial intelligence is intended to be used;
(2)
added
documenting provenance of the data used to train, fine-tune, or operate the artificial intelligence system;
(3)
added
conducting ongoing testing and validation on artificial intelligence system performance, the effectiveness of vendor artificial intelligence offerings, and associated risk management measures, including by testing in real-world conditions;
(4)
added
assessing for overfitting to known test data, ensuring that artificial intelligence developers or vendors are not directly relying on the test data to train their artificial intelligence systems;
(5)
added
considering contractual terms that prioritize the continuous improvement, performance monitoring, and evaluation of effectiveness of procured artificial intelligence;
(6)
added
stipulating conditions for retraining or decommissioning artificial intelligence models; and
(7)
added
requiring sufficient post-award monitoring and evaluation of effectiveness of the artificial intelligence system, where appropriate in the context of the product or service acquired.
Sec. 609
High-impact artificial intelligence systems
added
(a)
added
Definition of use case— In this section, the term use case, with respect to an artificial intelligence system, means the specific mission being performed through the use of an artificial intelligence system.
(b)
added
Guidance regarding definitions of high-impact artificial intelligence— Not later than 30 days after the date of the enactment of this Act, the Director of National Intelligence shall issue guidance to the heads of elements of the intelligence community to ensure consistency and accuracy in each element’s interpretation of the definition of high-impact artificial intelligence systems and high-impact artificial intelligence use cases to apply to each element’s respective missions.
(c)
added
Inventory of high-impact artificial intelligence use cases—
(1)
added
In general— Each head of an element of the intelligence community shall maintain an annual inventory of high-impact artificial intelligence use cases, including detailed information on the specific artificial intelligence systems associated with such uses.
(2)
added
Submittal to Congress— Not less frequently than once each year, each head of an element of the intelligence community shall submit to the congressional intelligence committees the inventory maintained by the head pursuant to paragraph (1).
(d)
added
Guidance to maintain minimum standards— The Director of National Intelligence shall, in coordination with the heads of the elements of the intelligence community, issue guidance to ensure elements of the intelligence community utilizing high-impact artificial intelligence systems or executing high-impact artificial intelligence use cases maintain minimum standards for the following:
(1)
added
Whistleblower protections.
(2)
added
Risk management practices and policies.
(3)
added
Performance expectations to ensure high-impact artificial intelligence systems or high-impact artificial intelligence use cases are subject to policies that ensure they continue to perform as expected over time or be discontinued, including—
(A)
added
continuous monitoring;
(B)
added
independent testing by a reviewer or team of reviewers within the element that have not been involved in the development or procurement of such artificial intelligence system; and
(C)
added
cost analyses, supported by a summary of direct costs associated and expected savings, if applicable, relative to existing or feasible human-led alternatives.
(4)
added
Pre-deployment requirements to ensure high-impact artificial intelligence systems or high-impact artificial intelligence use cases document—
(A)
added
the advantages and risks of using such capability, to include appropriate legal and policy safeguards;
(B)
added
the cost of operating such a capability;
(C)
added
a schedule to ensure such capability is periodically reevaluated for efficacy and performance; and
(D)
added
the oversight and compliance mechanisms in place for reviewing the use and output of such capability.
(5)
added
Policies to ensure appropriate human oversight and training.
Sec. 610
Application of artificial intelligence policies of the intelligence community to publicly available models used for intelligence purposes
added
(a)
added
In general— Section 6702 of the Intelligence Authorization Act for Fiscal Year 2023 (50 U.S.C. 3334m) is amended—
(1)
added
by redesignating subsection (c) as subsection (e);
(2)
added
by inserting after subsection (b) the following:
added
“(c) Application of policies to publicly available models used for intelligence purposes—In carrying out subsections (a) and (b), the Director shall ensure that the policies established under such subsections apply to the greatest extent possible to artificial intelligence models generally available to the public in any context in which they are used for an intelligence purpose and hosted in classified environments.
added
“(d) Common testing standards and benchmarks
added
“(1) Establishment—The Chief Artificial Intelligence Officer of the Intelligence Community, or any provider of common concern designated by the Director of National Intelligence, shall establish standards for testing of artificial intelligence models, including common benchmarks and methodologies for the performance of artificial intelligence models across common use cases, including targeting, machine translation, object detection, and object recognition. Benchmarks and methodologies shall establish higher performance standards for any high-impact artificial intelligence use case, including any artificial intelligence system task whose output (directly or indirectly) could serve as an input for a lethal application.
added
“(2) Identification of computing model—The Chief Artificial Intelligence Officer of the Intelligence Community shall convene the Intelligence Community Chief Artificial Intelligence Officer Council to identify an appropriate computing environment, at a level (or multiple levels) of classification deemed appropriate, for elements of the intelligence community to engage in testing and evaluation of models prior to acquisition.”
(3)
added
by adding at the end the following:
added
“(f) Limitation—Under the policies established pursuant to subsection (a)(1), no office or employee of the intelligence community may direct or pressure a vendor or prospective vendor to alter a model to favor a particular viewpoint in a manner that would limit its ability to serve as a neutral, nonpartisan tool that prioritizes accuracy.
added
“(g) Definitions
added
“(1) Intelligence purpose defined—In this section, the term intelligence purpose means the collection, analysis, or other mission-related intelligence activity.
added
“(2) Guidance regarding definitions of high-impact artificial intelligence—Not later than 30 days after the date of the enactment of this subsection, the Director of National Intelligence shall issue guidance to the heads of elements of the intelligence community to ensure consistency and accuracy in each element’s interpretation of the definition of high-impact artificial intelligence systems and high-impact artificial intelligence use cases to apply to each element’s respective missions.”
(b)
added
Updates— The Director shall make such revisions to Intelligence Community Directive 505 (relating to Artificial Intelligence) and other relevant documents as the Director considers necessary to ensure compliance with subsection (c) of section 6702 of such Act, as added by subsection (a).
Sec. 611
Revision of interim guidance regarding acquisition and use of foundation models
added
(a)
added
Sense of Congress— It is the sense of Congress that the evaluation of training data, methods of labeling data, and model weights pertaining to artificial intelligence systems being considered for use by an element of the intelligence community does not constitute collection by such element of the intelligence community.
(b)
added
In general— The Director of National Intelligence, in coordination with the Attorney General, shall revise the interim guidance of the intelligence community entitled “Regarding the Acquisition and Use of Foundation Models” to include the following:
(1)
added
Guidance stipulating that the consideration by an element of the intelligence community of acquisition of a foundation model should involve consideration of the data upon which the model was trained on. Any element of the intelligence community evaluating whether to acquire a foundation model for a potential intelligence use shall request or otherwise lawfully gather pertinent information on sources of training data and methods of data labeling, including any functions carried out by third party vendors, in order to make informed decisions on what mitigation practices or other relevant dissemination, usage, or retention measures may be applicable to that element’s future adoption of the foundation model under consideration.
(2)
added
Guidance stipulating that each element of the intelligence community shall to the greatest extent practicable avoid use of publicly available models found to contain information obtained unlawfully by a model vendor.
Sec. 612
Strategy on intelligence coordination and sharing relating to critical and emerging technologies
added
(a)
added
Definition of appropriate committees of Congress— In this section, the term appropriate committees of Congress means—
(1)
added
the congressional intelligence committees;
(2)
added
the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate; and
(3)
added
the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives.
(b)
added
Strategy— Not later than 60 days after the date of the enactment of this Act, the Director of National Intelligence shall develop a strategy for—
(1)
added
coordinating the collection, processing, analysis, and dissemination of intelligence relating to critical and emerging technologies across the intelligence community; and
(2)
added
the appropriate sharing of such intelligence with other Federal departments and agencies with responsibilities for regulation, innovation and research, science, public health, export control and screenings, and Federal financial tools.
(c)
added
Report— Not later than 30 days after the development of the strategy required by subsection (b), the Director shall submit to the appropriate committees of Congress a copy of the strategy.
Sec. 701
Notification of certain declassifications
added
(a)
added
In general— Title VIII of the National Security Act of 1947 (50 U.S.C. 3161 et seq.) is amended by adding at the end the following:
added
“806. Notification of certain declassifications
added
“(a) Notification to Congress by Director of National Intelligence
added
“(1) In general—Immediately upon declassifying, downgrading, or directing the declassification or downgrading of information or intelligence relating to intelligence sources, methods, or activities pursuant to section 3.1(c) of Executive Order 13526 (50 U.S.C. 3161 note; relating to classified national security information), or any successor order, the Director of National Intelligence, or the Principal Deputy Director of National Intelligence, as delegated by the Director of National Intelligence, shall notify the congressional intelligence committees and the Archivist of the United States in writing of such declassification, downgrading, or direction.
added
“(2) Contents—Each notification required by paragraph (1) shall include a copy of the information that has been, or has been directed to be, declassified or downgraded.
added
“(b) Notification to Congress by agency head
added
“(1) In general—Immediately upon the declassification of information pursuant to section 3.1(d) of Executive Order 13526, or any successor order, the head, or senior official, of a relevant element of the intelligence community, shall notify the congressional intelligence committees, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Archivist of the United States in writing of such declassification.
added
“(2) Contents—Each notification required by paragraph (1) shall include a copy of the information that has been declassified.”
(b)
added
Clerical amendment— The table of contents of the National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended by inserting after the item relating to section 805 the following:
Sec. 702
Elimination of cap on compensatory damages for retaliatory revocation of security clearances and access determinations
added
added
Section 3001(j)(4)(B) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(4)(B)) is amended, in the second sentence, by striking “not to exceed $300,000”.
Sec. 703
Reforms relating to inactive security clearances
added
(a)
added
Extension of period of inactive security clearances— The Director of National Intelligence shall review and evaluate the feasibility of updating personnel security standards and procedures governing eligibility for access to sensitive compartmented information and other controlled access program information and security adjudicative guidelines for determining eligibility for access to sensitive compartmented information and other controlled access program information to determine whether individuals who have been retired or otherwise separated from employment with the intelligence community for a period of not more than 5 years and who was eligible to access classified information on the day before the individual retired or otherwise separated, could, as a matter of policy, be granted eligibility by the Director to access classified information as long as—
(1)
added
there is no indication the individual no longer satisfies the standards established for access to classified information;
(2)
added
the individual certifies in writing to an appropriate security professional that there has been no change in the relevant information provided for the last background investigation of the individual; and
(3)
added
an appropriate record check reveals no unfavorable information.
(b)
added
Feasibility and advisability assessment—
(1)
added
In general— The Director shall conduct an assessment of the feasibility and advisability of subjecting inactive security clearances to continuous vetting and due diligence.
(2)
added
Findings— Not later than 120 days after the date of the enactment of this Act, the Director shall provide to the congressional intelligence committees, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Government Reform of the House of Representatives the findings from the assessment conducted pursuant to paragraph (1).
Sec. 704
Study on protection of classified information relating to budget functions
added
(a)
added
Definitions— In this section:
(1)
added
Appropriate congressional committees— The term appropriate congressional committees means—
(A)
added
the congressional intelligence committees;
(B)
added
the Committee on Homeland Security and Governmental Affairs, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Appropriations of the Senate; and
(C)
added
the Committee on Oversight and Government Reform, the Committee on Financial Services, and the Committee on Appropriations of the House of Representatives.
(2)
added
Covered official— The term covered official means the following:
(A)
added
The Secretary of the Treasury.
(B)
added
The Director of the Office of Management and Budget.
(C)
added
Each head of an element of the intelligence community.
(D)
added
Any other head of a department or agency of the Federal Government carrying out a function specified in paragraph (1), (2), or (3) of subsection (a).
(3)
added
Federal financial management service functions— The term Federal financial management service functions means standard functions, as determined by the Secretary of the Treasury, that departments and agencies of the Federal Government perform relating to Federal financial management, including budget execution, financial asset information management, payable management, revenue management, reimbursable management, receivable management, delinquent debt management, cost management, general ledger management, financial reconciliation, and financial and performance reporting.
(4)
added
National Intelligence Program— The term National Intelligence Program has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
(b)
added
Study required— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Secretary of Defense, the Secretary of the Treasury, and the Director of the Office of Management and Budget, shall submit to the appropriate congressional committees a study outlining the feasibility of and cost associated with the department or agency of a covered official using secure systems that meet the requirements to protect classified information, including with respect to the location at which the system is located or accessed, to carry out any of the following activities of the department or agency:
(1)
added
Formulating, developing, and submitting the budget of the department or agency (including the budget justification materials submitted to Congress) under the National Intelligence Program.
(2)
added
Apportioning, allotting, issuing warrants for the disbursement of, and obligating and expending funds under the National Intelligence Program.
(3)
added
Carrying out Federal financial management service functions or related activities of the intelligence community.
(c)
added
Form— The study required by subsection (b) shall be submitted in unclassified form, but may include a classified annex.
Sec. 705
Report on executive branch approval of access to classified intelligence information outside of established review processes
added
(a)
added
Reports required—
(1)
added
In general— Not later than 120 days after the date of the enactment of this Act, and annually thereafter, the Director of National Intelligence shall submit to the congressional intelligence committees, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Government Reform of the House of Representatives a report on approvals of interim security clearances or other access to classified intelligence information that does not satisfy the investigative and adjudicative standards established under Executive Order 12968 (50 U.S.C. 3161 note; relating to access to classified information) for covered individuals issued during the preceding calendar year. The first report under this paragraph shall include information for each of the calendar years 2017 through the calendar year in which this Act is enacted.
(2)
added
Contents— Each report required by paragraph (1) shall include—
(A)
added
the number of such approvals, disaggregated by sponsoring agency, duration of access, and level of security clearance or access;
(B)
added
the investigative and adjudicative process conducted, if any, for each such level of security clearance or access;
(C)
added
a categorization of the justifications supporting such approvals, and the number of approvals in each category; and
(D)
added
the disposition of such approvals, disaggregated by the number of instances in which access was terminated, continued, or resulted in completion of a process satisfying investigative and adjudicative standards required by Executive Order 12986.
(b)
added
Covered individual defined— In this section, the term covered individual means an individual who—
(1)
added
is an employee or contractor of the intelligence community; or
(2)
added
has been granted access to the facilities or information of the intelligence community.
Sec. 706
Whistleblower protections relating to psychiatric testing or examination
added
(a)
added
In general— Section 1104(a)(3) of the National Security Act of 1947 (50 U.S.C. 3234(a)(3)), as amended by section 803(a)(1), is further amended—
(1)
added
in subparagraph (J), by striking “; or” and inserting a semicolon;
(2)
added
by redesignating subparagraph (K) as subparagraph (L); and
(3)
added
by inserting after subparagraph (J) the following:
added
“(K) a decision to order psychiatric testing or examination; or”
(b)
added
Application— The amendments made by this section shall apply with respect to matters arising under section 1104 of the National Security Act of 1947 (50 U.S.C. 3234) on or after the date of the enactment of this Act.
Sec. 801
Standard guidelines for intelligence community to report and document anomalous health incidents
added
(a)
added
In general— Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall, in coordination with such heads of elements of the intelligence community as the Director considers appropriate, develop and issue standard guidelines for personnel of the intelligence community to report and properly document anomalous health incidents.
(b)
added
Conformity with department of defense guidelines— In developing the standard guidelines required by subsection (a), the Director shall ensure that such standard guidelines are as similar as practicable to guidelines issued by the Secretary of Defense for personnel of the Department of Defense to report and properly document anomalous health incidents.
(c)
added
Submission— Not later than 10 days after the date on which the Director issues the standard guidelines required by subsection (a), the Director shall provide the congressional intelligence committees with the standard guidelines, including a statement describing the implementation of such standard guidelines, how the standard guidelines differ from those issued by the Secretary, and the justifications for such differences.
Sec. 802
Review and declassification of intelligence relating to anomalous health incidents
added
(1)
added
In general— Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the Secretary of Defense, shall initiate a review of holdings of the intelligence community regarding anomalous health incidents.
(2)
added
Elements— The review initiated pursuant to paragraph (1) shall cover the following:
(A)
added
Reports of anomalous health incidents affecting personnel of the United States Government and dependents of such personnel.
(B)
added
Reports of other incidents affecting personnel of the United States Government that have known causes that result in symptoms similar to those observed in anomalous health incidents.
(C)
added
Information regarding efforts by foreign governments to covertly develop or deploy weapons and technology that could cause any or all symptoms observed in reported anomalous health incidents.
(D)
added
Assessment of the success of the intelligence community in detecting clandestine weapons programs of foreign governments.
(b)
added
Declassification— Not later than 180 days after the date of the enactment of this Act, the Director shall perform a declassification review of all intelligence relating to anomalous health incidents reviewed pursuant to subsection (a).
(1)
added
In general— The Director shall provide for public release of a declassified report that contains all information declassified pursuant to the declassification review required by subsection (b) on the website of the Office of the Director of National Intelligence.
(2)
added
Form of report— The report required by paragraph (1) may include only such redactions as the Director determines necessary to protect sources and methods and information of United States persons.
Sec. 901
Declassification of intelligence and additional transparency measures relating to the COVID–19 pandemic
added
added
Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall, in coordination with the heads of such Federal agencies as the Director considers appropriate—
(1)
added
perform a declassification review of intelligence relating to research conducted at the Wuhan Institute of Virology or any other medical or scientific research center within the People’s Republic of China, on coronaviruses, including—
(A)
added
information relating to Gain of Function research and the intention of this research;
(B)
added
information relating to sources of funding or direction for research on coronaviruses, including both sources within the People’s Republic of China and foreign sources; and
(C)
added
the names of researchers who conducted research into coronaviruses, as well as their current locations of employment;
(2)
added
perform a declassification review of intelligence relating to efforts by government officials of entities of the People’s Republic of China—
(A)
added
to disrupt or obstruct information sharing or investigations into the origins of the coronavirus disease 2019 (COVID–19) pandemic;
(B)
added
to disrupt the sharing of medically significant information relating to the transmissibility and potential harm of SARS–CoV–2 to humans, including—
(i)
added
efforts to limit the sharing of information with the United States Government;
(ii)
added
efforts to limit the sharing of information with the governments of allies and partners of the United States; and
(iii)
added
efforts to limit the sharing of information with the United Nations and World Health Organization;
(C)
added
to obstruct or otherwise limit the sharing of information between national, provincial, and city governments within the People’s Republic of China and between subnational entities within the People's Republic of China and external researchers;
(D)
added
to deny the sharing of information with the United States, allies and partners of the United States, or multilateral organizations, including the United Nations and the World Health Organization;
(E)
added
to pressure or lobby foreign governments, journalists, medical researchers, officials of the United States Government, or officials of multilateral organizations (including the United Nations and the World Health Organization) with respect to the source, scientific origins, transmissibility, or other attributes of the SARS–CoV–2 virus or the COVID–19 pandemic;
(F)
added
to disrupt government or private-sector efforts to conduct research and development of medical interventions or countermeasures for the COVID–19 pandemic, including vaccines; and
(G)
added
to promote alternative narratives regarding the origins of COVID–19 as well as the domestic Chinese and international response to the COVID–19 pandemic;
(3)
added
provide for public release a declassified report that contains all appropriate information described under paragraphs (1) and (2) and which includes only such redactions as the Director determines necessary to protect sources and methods and information of United States persons; and
(4)
added
submit to the congressional intelligence committees an unredacted version of the declassified report required under paragraph (3).
Sec. 902
Counterintelligence briefings for members of the Armed Forces
added
(a)
added
Definitions— In this section:
(1)
added
Covered individual— The term covered individual has the meaning given such term in section 989(h) of title 10, United States Code.
(2)
added
Governments or companies of concern— The term governments or companies of concern means a government described in subparagraph (A) of section 989(h)(2) of title 10, United States Code, or a company, entity, or other person described in subparagraph (B) of such section.
(b)
added
In general— The Under Secretary of Defense for Intelligence and Security shall issue appropriate policy to require the military departments to conduct counterintelligence briefings for members of the Armed Forces as part of the process required by section 989(c) of title 10, United States Code.
(c)
added
Elements— Each briefing provided under subsection (b) shall provide members of the Armed Forces—
(1)
added
with awareness of methods commonly used by governments and companies of concern to solicit and learn from covered individuals sensitive military techniques, tactics, and procedures of the Armed Forces;
(2)
added
recommended practices for covered individuals to avoid a covered activity that could subject the members to civil or criminal penalties;
(3)
added
the contact information for the counterintelligence authorities to whom covered individuals should report attempted recruitment or a related suspicious contact; and
(4)
added
an overview of the prohibition and penalties under subsections (a) and (c) of section 989 of title 10, United States Code.
(d)
added
Provision of briefings at certain trainings— The Under Secretary may mandate the briefings required by subsection (b) during the trainings required by Department of Defense Directive 5240.06 (relating to counterintelligence awareness and reporting), or successor document.
Sec. 903
Policy toward certain agents of foreign governments
added
added
Section 601 of the Intelligence Authorization Act for Fiscal Year 1985 (Public Law 98–618; 98 Stat. 3303) is amended—
(1)
added
in subsection (a), by striking “It is the sense of the Congress” and inserting “It is the policy of the United States”;
(2)
added
by redesignating subsections (b) through (d) as subsections (d) through (f), respectively; and
(3)
added
by inserting after subsection (a) the following new subsections:
added
“(b) The Secretary of State, in negotiating agreements with foreign governments regarding reciprocal privileges and immunities of United States diplomatic personnel, shall consult with the Director of the Federal Bureau of Investigation and the Director of National Intelligence in achieving the statement of policy in subsection (a).
added
“(c) Not later than 90 days after the date of the enactment of this subsection, and annually thereafter for 5 years, the Secretary of State, the Director of the Federal Bureau of Investigation, and the Director of National Intelligence shall submit to the Select Committee on Intelligence, the Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Appropriations of the Senate and the Permanent Select Committee on Intelligence, the Committee on Foreign Affairs, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives a report on each foreign government that—
added
“(1) engages in intelligence activities within the United States harmful to the national security of the United States; and
added
“(2) possesses numbers, status, privileges and immunities, travel accommodations, and facilities within the United States that exceed the respective numbers, status, privileges and immunities, travel accommodations, and facilities within such country of official representatives of the United States to such country.”
Sec. 904
Tour limits of accredited diplomatic and consular personnel of certain nations in the United States
added
(a)
added
Definitions— In this section:
(1)
added
Appropriate congressional committees— The term appropriate congressional committees means—
(A)
added
the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and
(B)
added
the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives.
(2)
added
Covered nation— The term covered nation means—
(A)
added
the People’s Republic of China;
(B)
added
the Russian Federation;
(C)
added
the Islamic Republic of Iran;
(D)
added
the Democratic People’s Republic of Korea; and
(E)
added
the Republic of Cuba.
(b)
added
In general— Accredited diplomatic and consular personnel of covered nations in the United States may not—
(1)
added
receive diplomatic privileges and immunities for more than 3 consecutive years;
(2)
added
receive diplomatic privileges and immunities for a second 3-year period until after living outside of the United States for not less than 2 years; or
(3)
added
receive diplomatic privileges and immunities for more than 6 total years.
(c)
added
Waiver— The Secretary of State may waive a limitation in subsection (b) on a case-by-case basis that permits accredited diplomatic and consular personnel of covered nations to exceed the stated tour limits in such subsection if the following conditions are met:
(1)
added
The Secretary determines that doing so serves United States national security interests, provided the Secretary submits a justification to the appropriate congressional committees not later than 15 days prior to issuing the waiver that contains the following:
(A)
added
A description of the factors considered by the Secretary when evaluating whether to issue the waiver.
(B)
added
A compelling justification as to why issuing the waiver is in the national security interests of the United States.
(2)
added
The covered nation at issue reciprocally eases its tour limitations on United States diplomatic and consular personnel.
Sec. 905
Strict enforcement of travel protocols and procedures of accredited diplomatic and consular personnel of certain nations in the United States
added
added
Section 502 of the Intelligence Authorization Act for Fiscal Year 2017 (division N of Public Law 115–31; 22 U.S.C. 254a note) is amended—
(1)
added
by amending subsection (a) to read as follows:
added
“(a) Definitions—In this section:
added
“(1) Appropriate committees of Congress—The term appropriate congressional committees means—
added
“(A) the Committee on Foreign Relations, the Select Committee on Intelligence, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary , and the Committee on Appropriations of the Senate; and
added
“(B) the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, the Committee on Homeland Security, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives.
added
“(2) Covered nations—The term covered nations means—
added
“(A) the People’s Republic of China;
added
“(B) the Russian Federation;
added
“(C) the Islamic Republic of Iran;
added
“(D) the Democratic People’s Republic of Korea; and
added
“(E) the Republic of Cuba.”
(2)
added
in subsection (b)—
(A)
added
by striking “consular personnel of the Russian Federation” and inserting “consular personnel of covered nations”; and
(B)
added
by striking “Russian consular personnel” and inserting “covered nation personnel”;
(3)
added
in subsection (c)(1), by striking “consular personnel of the Russian Federation” and inserting “consular personnel of covered nations”;
(4)
added
by redesignating subsection (d) as subsection (f);
(5)
added
by inserting after subsection (c) the following new subsections:
added
“(d) Waivers—The Secretary of State may waive a requirement of the mandatory advanced notification regime established pursuant to subsection (b) on a case-by-case basis if the Secretary determines that doing so serves United States national security interests, provided the Secretary submits to the appropriate committees of Congress a justification describing the circumstances necessitating the waiver and the reason why the waiver is in the national security interests of the United States.
added
“(e) Elements of advance approval requirements—In establishing the advance approval requirements described in subsection (c), the Secretary of State shall—
added
“(1) ensure that covered nations request approval from the Secretary of State at least 2 business days in advance of all travel that is subject to such requirements by accredited diplomatic and consular personnel of covered nations in the United States;
added
“(2) immediately provide such requests to the Director of National Intelligence and the Director of the Federal Bureau of Investigation;
added
“(3) not later than 10 days after approving such a request, certify to the appropriate congressional committees that—
added
“(A) personnel traveling on the request are not known or suspected intelligence officers; and
added
“(B) the requested travel will not be used for known or suspected intelligence purposes; and
added
“(4) establish penalties for noncompliance with such requirements by accredited diplomatic and consular personnel of covered nations in the United States, including loss of diplomatic privileges and immunities.”
(6)
added
in subsection (e), as redesignated by paragraph (4)—
(A)
added
by inserting “for 5 years after the date of the enactment of subsection (d)” after “quarterly thereafter”;
(B)
added
in paragraph (1), by striking “the number of notifications submitted under the regime required by subsection (b)” and inserting “the number of requests submitted under the regime required by subsection (b) and the number of such requests approved by the Secretary”; and
(C)
added
in paragraph (2), by striking “consular personnel of the Russian Federation” and inserting “consular personnel of covered nations”.
Sec. 906
Repeal of certain report requirements
added
(a)
added
Briefings on analytic integrity reviews—
(1)
added
In general— Section 1019 of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3364) is amended by striking subsections (c) and (d).
(2)
added
Conforming amendment— Section 6312(d)(1) of the Intelligence Authorization Act for Fiscal Year 2023 (50 U.S.C. 3364 note) is amended by striking “In conjunction with each briefing provided under section 1019(c) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3364(c))” and inserting “Not later than February 1 each year”.
(b)
added
Personnel-level assessments for the intelligence community—
(1)
added
In general— Section 506B of the National Security Act of 1947 (50 U.S.C. 3098) is repealed.
(2)
added
Clerical amendment— The table of contents of such Act is amended by striking the item relating to section 506B.
(c)
added
Reports on foreign efforts To illicitly acquire satellites and related items— Section 1261 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239) is amended by striking subsection (e).
(d)
added
Reports by Director of National Intelligence on National Intelligence University plan—
(1)
added
In general— Section 1033 of the National Security Act of 1947 (50 U.S.C. 3227b) is repealed.
(2)
added
Clerical amendment— The table of contents of such Act is amended by striking the item relating to section 1033.
(e)
added
Monitoring mineral investments under Belt and Road Initiative—
(1)
added
In general— Section 7003 of the Energy Act of 2020 (50 U.S.C. 3372) is repealed.
(2)
added
Clerical amendment— The table of contents of such Act is amended by striking the item relating to section 7003.
(f)
added
Notice of deployment or transfer of containerized missile system by Russia or certain other countries—
(1)
added
In general— Section 501 of the Intelligence Authorization Act for Fiscal Year 2016 (division M of Public Law 114–113) is repealed.
(2)
added
Clerical amendment— The table of contents of such Act is amended by striking the item relating to section 501.
(g)
added
Briefings on programs for next-generation microelectronics in support of artificial intelligence— Section 7507 of the Intelligence Authorization Act for Fiscal Year 2024 (50 U.S.C. 3334s) is amended by striking subsection (e).
(h)
added
Reports on commerce with, and assistance to, Cuba from other foreign countries—
(1)
added
In general— Section 108 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6038) is repealed.
(2)
added
Clerical amendment— The table of contents of such Act is amended by striking the item relating to section 108.
(i)
added
Briefings on Iranian expenditures supporting foreign military and terrorist activities— Section 6705 of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 (22 U.S.C. 9412) is amended—
(1)
added
in the section heading, by striking “and annual briefing”; and
(2)
added
by striking subsection (b).
Sec. 907
Requiring penetration testing as part of the testing and certification of voting systems
added
added
Section 231 of the Help America Vote Act of 2002 (52 U.S.C. 20971) is amended by adding at the end the following new subsection:
added
“(e) Required penetration testing
added
“(1) In general—Not later than 180 days after the date of the enactment of this subsection, the Commission shall provide for the conduct of penetration testing as part of the testing, certification, decertification, and recertification of voting system hardware and software by the Commission based on accredited laboratories under this section.
added
“(2) Accreditation—The Commission shall develop a program for the acceptance of the results of penetration testing on election systems. The penetration testing required by this subsection shall be required for Commission certification. The Commission shall vote on the selection of any entity identified. The requirements for such selection shall be based on consideration of an entity’s competence to conduct penetration testing under this subsection. The Commission may consult with the National Institute of Standards and Technology or any other appropriate Federal agency on lab selection criteria and other aspects of this program.”
Sec. 908
Independent security testing and coordinated cybersecurity vulnerability disclosure program for election systems
added
(a)
added
In general— Subtitle D of title II of the Help America Vote Act of 2002 (42 U.S.C. 15401 et seq.) is amended by adding at the end the following new part:
added
“7 Independent security testing and coordinated cybersecurity vulnerability disclosure pilot program for election systems
added
“297. Independent security testing and coordinated cybersecurity vulnerability disclosure pilot program for election systems
added
“(a) In general
added
“(1) Establishment—The Commission, in consultation with the Secretary, shall establish an Independent Security Testing and Coordinated Vulnerability Disclosure Pilot Program for Election Systems (VDP–E) (in this section referred to as the “program”) to test for and disclose cybersecurity vulnerabilities in election systems.
added
“(2) Duration—The program shall be conducted for a period of 5 years.
added
“(3) Requirements—In carrying out the program, the Commission, in consultation with the Secretary, shall—
added
“(A) establish a mechanism by which an election systems vendor may make their election system (including voting machines and source code) available to cybersecurity researchers participating in the program;
added
“(B) provide for the vetting of cybersecurity researchers prior to their participation in the program, including the conduct of background checks;
added
“(C) establish terms of participation that—
added
“(i) describe the scope of testing permitted under the program;
added
“(ii) require researchers to—
added
“(I) notify the vendor, the Commission, and the Secretary of any cybersecurity vulnerability they identify with respect to an election system; and
added
“(II) otherwise keep such vulnerability confidential for 180 days after such notification;
added
“(iii) require the good faith participation of all participants in the program; and
added
“(iv) require an election system vendor, within 180 days after validating notification of a critical or high vulnerability (as defined by the National Institute of Standards and Technology) in an election system of the vendor, to—
added
“(I) send a patch or propound some other fix or mitigation for such vulnerability to the appropriate State and local election officials, in consultation with the researcher who discovered it; and
added
“(II) notify the Commission and the Secretary that such patch has been sent to such officials;
added
“(D) in the case where a patch or fix to address a vulnerability disclosed under subparagraph (C)(ii)(I) is intended to be applied to a system certified by the Commission, provide—
added
“(i) for the expedited review of such patch or fix within 90 days after receipt by the Commission; and
added
“(ii) if such review is not completed by the last day of such 90-day period, that such patch or fix shall be deemed to be certified by the Commission, subject to any subsequent review of such determination by the Commission; and
added
“(E) not later than 180 days after the disclosure of a vulnerability under subparagraph (C)(ii)(I), notify the Director of the Cybersecurity and Infrastructure Security Agency of the vulnerability for inclusion in the database of Common Vulnerabilities and Exposures.
added
“(4) Voluntary participation; safe harbor
added
“(A) Voluntary participation—Participation in the program shall be voluntary for election systems vendors and researchers.
added
“(B) Safe harbor—When conducting research under this program, such research and subsequent publication shall be—
added
“(i) authorized in accordance with section 1030 of title 18, United States Code (commonly known as the “Computer Fraud and Abuse Act”), (and similar State laws), and the election system vendor will not initiate or support legal action against the researcher for accidental, good faith violations of the program; and
added
“(ii) exempt from the anti-circumvention rule of section 1201 of title 17, United States Code (commonly known as the “Digital Millennium Copyright Act”), and the election system vendor will not bring a claim against a researcher for circumvention of technology controls.
added
“(C) Rule of construction—Nothing in this paragraph may be construed to limit or otherwise affect any exception to the general prohibition against the circumvention of technological measures under subparagraph (A) of section 1201(a)(1) of title 17, United States Code, including with respect to any use that is excepted from that general prohibition by the Librarian of Congress under subparagraphs (B) through (D) of such section 1201(a)(1).
added
“(5) Definitions—In this subsection:
added
“(A) Cybersecurity vulnerability—The term cybersecurity vulnerability means, with respect to an election system, any security vulnerability that affects the election system.
added
“(B) Election infrastructure—The term election infrastructure means—
added
“(i) storage facilities, polling places, and centralized vote tabulation locations used to support the administration of elections for public office; and
added
“(ii) related information and communications technology, including—
added
“(I) voter registration databases;
added
“(II) election management systems;
added
“(III) voting machines;
added
“(IV) electronic mail and other communications systems (including electronic mail and other systems of vendors who have entered into contracts with election agencies to support the administration of elections, manage the election process, and report and display election results); and
added
“(V) other systems used to manage the election process and to report and display election results on behalf of an election agency.
added
“(C) Election system—The term election system means any information system that is part of an election infrastructure, including any related information and communications technology described in subparagraph (B)(ii).
added
“(D) Election system vendor—The term election system vendor means any person providing, supporting, or maintaining an election system on behalf of a State or local election official.
added
“(E) Information system—The term information system has the meaning given the term in section 3502 of title 44, United States Code.
added
“(F) Secretary—The term Secretary means the Secretary of Homeland Security.
added
“(G) Security vulnerability—The term security vulnerability has the meaning given the term in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501).”
(b)
added
Clerical amendment— The table of contents of such Act is amended by adding at the end of the items relating to subtitle D of title II the following:
Sec. 909
Foreign material acquisitions
added
(a)
added
In general— The Secretary of Energy may, acting through the Director of the Office of Intelligence and Counterintelligence, enter into contracts or other arrangements for goods and services, through the National Laboratories, plants, or sites of the Department of Energy, for the purpose of foreign material acquisition in support of existing national security requirements.
(b)
added
Annual report— Not later than 1 year after the date of the enactment of this Act, and annually thereafter until the date that is 4 years after the date of the enactment of this Act, the Director of the Office of Intelligence and Counterintelligence shall submit to the congressional intelligence committees, the Committee on Energy and Natural Resources of the Senate, the Committee on Appropriations of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Appropriations of the House of Representatives a report on the use by the Office of Intelligence and Counterintelligence of the authority provided by subsection (a).
Sec. 6001
Table of contents
added
added
The table of content for this division is as follows:
Sec. 6101
Short titles
added
added
This title may be cited as the “Intelligence Authorization Act for Fiscal Year 2026” or the “Intelligence Authorization Act for Fiscal Year 2026”.
Sec. 6102
International Narcotics Control Strategy Report
added
added
Section 489(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h(a)) is amended—
(1)
added
in the matter preceding paragraph (1), by striking “March 1” and inserting “June 1”; and
(2)
added
in paragraph (8)(A)(i), by striking “pseudoephedrine” and all that follows through “chemicals)” and inserting “chemical precursors used in the production of methamphetamine that significantly affected the United States”.
Sec. 6103
Study and report on efforts to address fentanyl trafficking from the People's Republic of China and other relevant countries
added
(a)
added
Definitions— In this section:
(1)
added
Appropriate committees of congress— The term appropriate committees of Congress means—
(A)
added
the Committee on the Judiciary of the Senate;
(B)
added
the Committee on Foreign Relations of the Senate;
(C)
added
the Committee on Banking, Housing, and Urban Affairs of the Senate;
(D)
added
the Committee on the Judiciary of the House of Representatives;
(E)
added
the Committee on Foreign Affairs of the House of Representatives; and
(F)
added
the Committee on Financial Services of the House of Representatives.
(2)
added
DEA— The term DEA means the Drug Enforcement Administration.
(3)
added
PRC— The term PRC means the People’s Republic of China.
(b)
added
Study and report on addressing trafficking of fentanyl and other synthetic opioids from the PRC and other relevant countries— Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Attorney General, in consultation with the Secretary of the Treasury, shall jointly submit to the appropriate committees of Congress an unclassified written report, with a classified annex, that includes—
(1)
added
a description of United States Government efforts to gain a commitment from the Government of the PRC to submit unregulated fentanyl precursors, such as 4–AP, to controls;
(2)
added
a plan for future steps the United States Government will take to urge the Government of the PRC to combat the production and trafficking of illicit fentanyl and synthetic opioids from the PRC, including the trafficking of precursor chemicals used to produce illicit narcotics in Mexico and in other countries;
(3)
added
a detailed description of cooperation by the Government of the PRC to address the role of the PRC financial system and PRC money laundering organizations in the trafficking of fentanyl and synthetic opioid precursors;
(4)
added
an assessment of the expected impact that the designation of principal corporate officers of PRC financial institutions for facilitating narcotics-related money laundering would have on PRC money laundering organizations;
(5)
added
an assessment of whether the Trilateral Fentanyl Committee, which was established by the United States, Canada, and Mexico during the January 2023 North American Leaders' Summit, is improving cooperation with law enforcement and financial regulators in Canada and Mexico to combat the role of PRC financial institutions and PRC money laundering organizations in narcotics trafficking;
(6)
added
an assessment of the effectiveness of other United States bilateral and multilateral efforts to strengthen international cooperation to address the PRC’s role in the trafficking of fentanyl and synthetic opioid precursors, including through the Global Coalition to Address Synthetic Drug Threats;
(7)
added
an update on the status of commitments made by third countries through the Global Coalition to Address Synthetic Drug Threats to combat the synthetic opioid crisis and progress towards the implementation of such commitments;
(8)
added
a plan for future steps to further strengthen bilateral and multilateral efforts to urge the Government of the PRC to take additional actions to address the PRC’s role in the trafficking of fentanyl and synthetic opioid precursors, particularly in coordination with countries in East Asia and Southeast Asia that have been impacted by such activities;
(9)
added
an assessment of how actions the Government of the PRC has taken since November 15, 2023 has shifted relevant supply chains for fentanyl and synthetic opioid precursors, if at all; and
(10)
added
the items described in paragraphs (1) through (4) pertaining to India, Mexico, and other countries the Secretary of State determines to have a significant role in the production or trafficking of fentanyl and synthetic opioid precursors for purposes of this report.
(c)
added
Establishment of DEA offices in the PRC— Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Attorney General shall jointly provide to the appropriate committees of Congress a classified briefing on—
(1)
added
outreach and negotiations undertaken by the United States Government with the Government of the PRC that was aimed at securing the approval of the Government of the PRC to establish of United States Drug Enforcement Administration offices in Shanghai and Guangzhou, the PRC; and
(2)
added
additional efforts to establish new partnerships with provincial-level authorities in the PRC to counter the illicit trafficking of fentanyl, fentanyl analogues, and their precursors.
Sec. 6104
Prioritization of identification of persons from the People's Republic of China
added
added
Section 7211 of the Fentanyl Sanctions Act (21 U.S.C. 2311) is amended—
(1)
added
in subsection (a)—
(A)
added
by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and
(B)
added
by inserting after paragraph (2) the following:
added
“(3) Prioritization
added
“(A) Defined term—In this paragraph, the term person of the People's Republic of China means—
added
“(i) an individual who is a citizen or national of the People's Republic of China; or
added
“(ii) an entity organized under the laws of the People's Republic of China or otherwise subject to the jurisdiction of the Government of the People's Republic of China.
added
“(B) In general—In preparing the report required under paragraph (1), the President shall prioritize, to the greatest extent practicable, the identification of persons of the People's Republic of China involved in the shipment of fentanyl, fentanyl analogues, fentanyl precursors, precursors for fentanyl analogues, pre-precursors for fentanyl and fentanyl analogues, and equipment for the manufacturing of fentanyl and fentanyl-laced counterfeit pills to Mexico or any other country that is involved in the production of fentanyl trafficked into the United States, including—
added
“(i) any entity involved in the production of pharmaceuticals; and
added
“(ii) any person that is acting on behalf of any such entity.
added
“(C) Termination of prioritization—The President shall continue the prioritization required under subparagraph (B) until the President certifies to the appropriate congressional committees that the People’s Republic of China is no longer the primary source for the shipment of fentanyl, fentanyl analogues, fentanyl precursors, precursors for fentanyl analogues, pre-precursors for fentanyl and fentanyl analogues, and equipment for the manufacturing of fentanyl and fentanyl-laced counterfeit pills to Mexico or any other country that is involved in the production of fentanyl trafficked into the United States.”
(2)
added
in subsection (c), by striking “the date that is 5 years after such date of enactment” and inserting “December 31, 2030”.
Sec. 6105
Expansion of sanctions under the Fentanyl Sanctions Act
added
added
Section 7212 of the Fentanyl Sanctions Act (21 U.S.C. 2312) is amended—
(1)
added
in paragraph (1), by striking “or” at the end;
(2)
added
in paragraph (2), by striking the period at the end and inserting a semicolon; and
(3)
added
by adding at the end the following:
added
“(3) the President determines has knowingly engaged in, on or after the date of the enactment of the BUST FENTANYL Act, a significant activity or significant financial transaction that has materially contributed to opioid trafficking; or
added
“(4) the President determines—
added
“(A) has knowingly provided significant financial, material, or technological support for, including through the provision of goods or services in support of any activity or transaction described in paragraph (3); or
added
“(B) is or has been owned, controlled, or directed by any foreign person described in subparagraph (A) or in paragraph (3), or has knowingly acted or purported to act for or on behalf of, directly or indirectly, such a foreign person.”
Sec. 6106
Imposition of sanctions with respect to agencies or instrumentalities of foreign states
added
(a)
added
Definitions— In this section, the terms knowingly and opioid trafficking have the meanings given such terms in section 7203 of the Fentanyl Sanctions Act (21 U.S.C. 2302).
(b)
added
In general— The President may—
(1)
added
impose one or more of the sanctions described in section 7213 of the Fentanyl Sanctions Act (21 U.S.C. 2313) with respect to any political subdivision, agency, or instrumentality of a foreign government, including any financial institution owned or controlled by a foreign government, that the President determines has knowingly, on or after the date of the enactment of this Act—
(A)
added
engaged in a significant activity or a significant financial transaction that has materially contributed to opioid trafficking; or
(B)
added
provided financial, material, or technological support for (including through the provision of goods or services in support of) any significant activity or significant financial transaction described in subclause (A); and
(2)
added
impose one or more of the sanctions described in section 7213(a)(6) of the Fentanyl Sanctions Act (21 U.S.C. 2313(a)(6)) with respect to each senior official of a political subdivision, agency, or instrumentality of a foreign government that the President determines has knowingly, on or after the date of the enactment of this Act, facilitated a significant activity or a significant financial transaction described in paragraph (1).
Sec. 6107
Annual report on efforts to prevent the smuggling of methamphetamine into the United States from Mexico
added
added
Section 723(c) of the Intelligence Authorization Act for Fiscal Year 2026 (22 U.S.C. 2291 note) is amended by striking the period at the end and inserting the following ", which shall—
added
“(1) identify the significant source countries for methamphetamine that significantly affect the United States, and
added
“(2) describe the actions by the governments of the countries identified pursuant to paragraph (1) to combat the diversion of relevant precursor chemicals and the production and trafficking of methamphetamine.”
Sec. 6201
Short title
added
added
This title may be cited as the “Intelligence Authorization Act for Fiscal Year 2026”.
Sec. 6202
Designation of a foreign country as a State Sponsor of Unlawful or Wrongful Detention
added
added
The Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act (22 U.S.C. 1741 et seq.) is amended by inserting after section 306 the following:
added
“306A. Designation of a foreign country as a State Sponsor of Unlawful or Wrongful Detention
added
“(a) In general—Subject to the notice requirement of subsection (c)(1)(A), the Secretary of State, in consultation with the heads of other relevant Federal agencies, may designate a foreign country that has provided support for or directly engaged in the unlawful or wrongful detention of a United States national as a State Sponsor of Unlawful or Wrongful Detention based on any of the following criteria:
added
“(1) The unlawful or wrongful detention of a United States national occurs in the foreign country.
added
“(2) The government of the foreign country or an entity organized under the laws of a foreign country has failed to release an unlawfully or wrongfully detained United States national within 30 days of being officially notified by the Department of State of the unlawful or wrongful detention.
added
“(3) Actions taken by the government of the foreign country indicate that the government is responsible for, complicit in, or materially supports the unlawful or wrongful detention of a United States national, including by acting as described in paragraph (2) after having been notified by the Department of State.
added
“(4) The actions of a state or nonstate actor in the foreign country, including any previous action relating to unlawful or wrongful detention or hostage taking of a United States national, pose a risk to the safety and security of United States nationals abroad sufficient to warrant designation of the foreign country as a State Sponsor of Unlawful or Wrongful Detention, as determined by the Secretary.
added
“(b) Termination of designation—The Secretary of State may terminate the designation of a foreign country under subsection (a) if the Secretary certifies to Congress that the government of the foreign country—
added
“(1) has released the United States nationals unlawfully or wrongfully detained within the territory of the foreign country;
added
“(2) has positively contributed to the release of United States nationals taken hostage within the territory of the foreign country or from the custody of a nonstate entity;
added
“(3) has demonstrated changes in leadership or policies with respect to unlawful or wrongful detention and hostage taking; or
added
“(4) has provided assurances that the government of the foreign country will not engage or be complicit in or support acts described in subsection (a).
added
“(c) Briefing and reports to Congress; publication
added
“(1) Reports to Congress
added
“(A) In general—Not later than 7 days prior to making a designation of a foreign country as a State Sponsor of Unlawful or Wrongful Detention under subsection (a), the Secretary of State shall submit to the appropriate committees of Congress a report that notifies the committees of the proposed designation.
added
“(B) Elements—In each report submitted under subparagraph (A) with respect to the designation of a foreign country as a State Sponsor of Unlawful or Wrongful Detention, the Secretary shall include—
added
“(i) the justification for the designation; and
added
“(ii) a description of any action taken by the United States Government, including the Secretary of State or the head of any other relevant Federal agency, in response to the designation to deter the unlawful or wrongful detention or hostage-taking of foreign nationals in the country.
added
“(2) Initial briefing required—Not later than 60 days after the date of the enactment of this section, the Secretary shall brief Congress on the following:
added
“(A) Whether any of the following countries should be designated as a State Sponsor of Unlawful or Wrongful Detention under subsection (a):
added
“(i) Afghanistan.
added
“(ii) The Islamic Republic of Iran.
added
“(iii) The People's Republic of China.
added
“(iv) The Russian Federation.
added
“(v) Venezuela under the regime of Nicolás Maduro.
added
“(vi) The Republic of Belarus.
added
“(B) The steps taken by the Secretary and the heads of other relevant Federal agencies to deter the unlawful and wrongful detention of United States nationals and to respond to such detentions, including—
added
“(i) any engagement with private sector companies to optimize the distribution of travel advisories; and
added
“(ii) any engagement with private companies responsible for promoting travel to foreign countries engaged in the unlawful or wrongful detention of United States nationals.
added
“(C) An assessment of a possible expansion of chapter 97 of title 28, United States Code (commonly known as the “Foreign Sovereign Immunities Act of 1976”) to include an exception from asset seizure immunity for State Sponsors of Unlawful or Wrongful Detention.
added
“(D) A detailed plan on the manner by which a geographic travel restriction could be instituted against State Sponsors of Unlawful or Wrongful Detention.
added
“(E) The progress made in multilateral fora, including the United Nations and other international organizations, to address the unlawful and wrongful detention of United States nationals, in addition to nationals of partners and allies of the United States in foreign countries.
added
“(3) Annual briefing—Not later than one year after the date of the enactment of this section, and annually thereafter for 5 years, the Assistant Secretary of State for Consular Affairs and the Special Presidential Envoy for Hostage Affairs shall brief the appropriate committees of Congress with respect to unlawful or wrongful detentions taking place in the countries listed under paragraph (2)(A) and actions taken by the Secretary of State and the heads of other relevant Federal agencies to deter the wrongful detention of United States nationals, including any steps taken in accordance with paragraph (2)(B).
added
“(4) Publication—The Secretary shall make available on a publicly accessible website of the Department of State, and regularly update, a list of foreign countries designated as State Sponsors of Unlawful or Wrongful Detention under subsection (a).
added
“(d) Review of available responses to state sponsors of unlawful or wrongful detention—Upon designation of a foreign country as a State Sponsor of Unlawful or Wrongful Detention under subsection (a), the Secretary of State, in consultation with the heads of other relevant Federal agencies, shall conduct a comprehensive review of the use of existing authorities to respond to and deter the unlawful or wrongful detention of United States nationals in the foreign country, including—
added
“(1) sanctions available under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.);
added
“(2) visa restrictions available under section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2024 (division F of Public Law 118–47; 8 U.S.C. 1182 note) or any other provision of Federal law;
added
“(3) sanctions available under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.);
added
“(4) imposition of a geographic travel restriction on citizens of the United States;
added
“(5) restrictions on assistance provided to the government of the country under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or any other provision of Federal law;
added
“(6) restrictions on the export of certain goods to the country under the Arms Export Control Act (22 U.S.C. 2751 et seq.), the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.), or any other Federal law; and
added
“(7) designating the government of the country as a government that has repeatedly provided support for acts of international terrorism pursuant to—
added
“(A) section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i));
added
“(B) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371);
added
“(C) section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)); or
added
“(D) any other provision of law.
added
“(e) Defined term—In this section, the term appropriate committees of Congress means—
added
“(1) the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on the Judiciary of the Senate; and
added
“(2) the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on the Judiciary of the House of Representatives.
added
“(f) Rule of construction—Nothing in this section may be construed to imply that the United States Government formally recognizes any particular country or the government of such country as legitimate.”
Sec. 6203
Notification of international travel advisories
added
(a)
added
In general— Chapter 423 of title 49, United States Code, is amended by adding at the end the following:
added
“42309. Notification of international travel advisories
added
“(a) In general—An air carrier, foreign air carrier, ticket agent, website, or search engine who advertises or provides access to, or sells, in the United States, a ticket for foreign air transportation of a passenger shall make reasonable effort to notify the passenger (or, if applicable, a guardian of such passenger), prior to departure, that United States Government international travel advisories may be in effect and shall make available a web link to the Department of State Travel Advisory System. Such notification shall be accessible for individuals with disabilities (as defined in section 382.3 of title 14, Code of Federal Regulations).
added
“(b) Savings clause—For the purposes of this section, an air carrier, foreign air carrier, ticket agent, website, or search engine referenced in subsection (a) may not be subject to civil or criminal penalty, or considered to be in violation of subsection (a), if information provided by the Department of State’s travel advisory website is unavailable, inaccurate, or expired.
added
“(c) Rule of construction—Nothing in subsection (a) may be construed as grounds to inhibit access to consular services by a United States citizen abroad.”
(b)
added
Clerical amendment— The analysis for chapter 423 of title 49, United States Code, is amended by inserting after the item relating to section 42308 the following:
(c)
added
Effective date— The amendments made by subsections (a) and (b) shall take effect one year after the date of the enactment of this Act.
Sec. 6204
Congressional Report on components related to hostage affairs and recovery
added
(a)
added
In general— Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report on the following:
(1)
added
The Hostage Response Group established pursuant to section 305(a) of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act (22 U.S.C. 1741c(a)).
(2)
added
The Hostage Recovery Fusion Cell established pursuant to section 304(a) of such Act (22 U.S.C. 1741b(a)).
(3)
added
The Office of the Special Presidential Envoy for Hostage Affairs established pursuant to section 303(a) of such Act (22 U.S.C. 1741a(a)).
(b)
added
Elements— The report required by subsection (a) shall include—
(1)
added
a description of the existing structure of each component listed in subsection (a);
(2)
added
recommendations on how the components can be improved, including through reorganization or consolidation of the components; and
(3)
added
cost efficiencies on the components listed in subsection (a), including resources available to eligible former wrongful detainees and hostages and their family members.
Sec. 6205
Rule of construction
added
added
Nothing in this title or the amendments made by this title may be construed as preventing the freedom of travel of United States citizens.
Sec. 6301
Short title
added
added
This title may be cited as the “Intelligence Authorization Act for Fiscal Year 2026”.
Sec. 6311
United states support for integration of anti-trafficking in persons interventions in multilateral development banks
added
(a)
added
Requirements— The Secretary of the Treasury, in consultation with the Secretary of State acting through the Ambassador-at-Large to Monitor and Combat Trafficking in Persons, shall instruct the United States Executive Director of each multilateral development bank (as defined in section 110(d) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(d))) to encourage the inclusion of a counter-trafficking strategy, including risk assessment and mitigation efforts as needed, in proposed projects in countries listed—
(1)
added
on the Tier 2 Watch List (required under section 110(b)(2)(A) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(2)(A)), as amended by section 104(a));
(2)
added
under subparagraph (C) of section 110(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1)) (commonly referred to as “Tier 3”); and
(3)
added
as Special Cases in the most recent report on trafficking in persons required under such section (commonly referred to as the “Trafficking in Persons Report”).
(b)
added
Briefings— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of State, shall brief the appropriate congressional committees regarding the implementation of this section.
(c)
added
GAO report— Not later than 2 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 details the activities of the United States relating to combating human trafficking, including forced labor, within multilateral development projects.
(d)
added
Defined term— In this section, the term appropriate congressional committees means—
(1)
added
the Committee on Foreign Relations of the Senate;
(2)
added
the Committee on Appropriations of the Senate;
(3)
added
the Committee on Foreign Affairs of the House of Representatives; and
(4)
added
the Committee on Appropriations of the House of Representatives.
Sec. 6312
Counter-trafficking in persons efforts in development cooperation and assistance policy
added
added
The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended—
(1)
added
in section 102(b)(4) (22 U.S.C. 2151–1(b)(4))—
(A)
added
in subparagraph (F), by striking “and” at the end;
(B)
added
in subparagraph (G), by striking the period at the end and inserting “; and”; and
(C)
added
by adding at the end the following:
added
“(H) effective counter-trafficking in persons policies and programs.”
(2)
added
in section 492(d)(1) (22 U.S.C. 2292a(d)(1))—
(A)
added
by striking “that the funds” and inserting the following: “that—
added
“(A) the funds”
(B)
added
in subparagraph (A), as added by subparagraph (A) of this paragraph, by striking the period at the end and inserting “; and”; and
(C)
added
by adding at the end the following:
added
“(B) in carrying out the provisions of this chapter, the President shall, to the greatest extent possible—
added
“(i) ensure that assistance made available under this section does not create or contribute to conditions that can be reasonably expected to result in an increase in trafficking in persons who are in conditions of heightened vulnerability as a result of natural and manmade disasters; and
added
“(ii) integrate appropriate protections into the planning and execution of activities authorized under this chapter.”
Sec. 6313
Technical amendments to tier rankings
added
(a)
added
Modifications to Tier 2 watch list— Section 110(b)(2) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(2)) is amended—
(1)
added
in the paragraph heading, by striking “Special” and inserting “Tier 2”; and
(2)
added
by amending subparagraph (A) to read as follows:
added
“(A) Submission of list—Not later than the date on which the determinations described in subsections (c) and (d) are submitted to the appropriate congressional committees in accordance with such subsections, the Secretary of State shall submit to the appropriate congressional committees a list of countries that the Secretary determines require special scrutiny during the following year. Such list shall be composed of countries that have been listed pursuant to paragraph (1)(B) pursuant to the current annual report because—
added
“(i) the estimated number of victims of severe forms of trafficking is very significant or is significantly increasing and the country is not taking proportional concrete actions; or
added
“(ii) there is a failure to provide evidence of increasing efforts to combat severe forms of trafficking in persons from the previous year, including increased investigations, prosecutions and convictions of trafficking crimes, increased assistance to victims, and decreasing evidence of complicity in severe forms of trafficking by government officials.”
(b)
added
Modification to special rule for downgraded and reinstated countries— Section 110(b)(2)(F) of such Act (22 U.S.C. 7107(b)(2)(F)) is amended—
(1)
added
in the matter preceding clause (i), by striking “the special watch list” and all that follows through “the country—” and inserting “the Tier 2 watch list described in subparagraph (A) for more than 2 years immediately after the country consecutively—”;
(2)
added
in clause (i), in the matter preceding subclause (I), by striking “the special watch list described in subparagraph (A)(iii)” and inserting “the Tier 2 watch list described in subparagraph (A)”; and
(3)
added
in clause (ii), by inserting “in the year following such waiver under subparagraph (D)(ii)” before the period at the end.
(c)
added
Conforming amendments— Section 110(b) of such Act (22 U.S.C. 7107(b)) is further amended—
(1)
added
in paragraph (2), as amended by subsection (a)—
(A)
added
in subparagraph (B), by striking “special watch list” and inserting “Tier 2 watch list”;
(B)
added
in subparagraph (C)—
(i)
added
in the subparagraph heading, by striking “special watch list” and inserting “Tier 2 watch list”; and
(ii)
added
by striking “special watch list” and inserting “Tier 2 watch list”; and
(C)
added
in subparagraph (D)—
(i)
added
in the subparagraph heading, by striking “special watch list” and inserting “Tier 2 watch list”; and
(ii)
added
in clause (i), by striking “special watch list” and inserting “Tier 2 watch list”;
(2)
added
in paragraph (3)(B), in the matter preceding clause (i), by striking “clauses (i), (ii), and (iii) of”; and
(3)
added
in paragraph (4)—
(A)
added
in subparagraph (A), in the matter preceding clause (i), by striking “each country described in paragraph (2)(A)(ii)” and inserting “each country described in paragraph (2)(A)”; and
(B)
added
in subparagraph (D)(ii), by striking “the Special Watch List” and inserting “the Tier 2 watch list”.
(d)
added
Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2018— Section 204(b)(1) of the Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2018 (Public Law 115–425) is amended by striking “special watch list” and inserting “Tier 2 watch list”.
(e)
added
Bipartisan Congressional Trade Priorities and Accountability Act of 2015— Section 106(b)(6)(E)(iii) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4205(b)(6)(E)(iii) is amended by striking “under section” and all that follows and inserting “under section 110(b)(2)(A) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(2)(A))”.
Sec. 6314
Modifications to the Program to End Modern Slavery
added
(a)
added
In general— Section 1298 of the National Defense Authorization Act for Fiscal Year 2017 (22 U.S.C. 7114) is amended—
(1)
added
in subsection (g)(2), by striking “2020” and inserting “2029”; and
(2)
added
in subsection (h)(1), by striking “Not later than September 30, 2018, and September 30, 2020” and inserting “Not later than September 30, 2025, and September 30, 2029”.
(b)
added
Eligibility— To be eligible for funding under the Program to End Modern Slavery of the Office to Monitor and Combat Trafficking in Persons, a grant recipient shall—
(1)
added
publish the names of all subgrantee organizations on a publicly available website; or
(2)
added
if the subgrantee organization expresses a security concern, the grant recipient shall relay such concerns to the Secretary of State, who shall transmit annually the names of all subgrantee organizations in a classified annex to the chairs of the appropriate congressional committees (as defined in section 1298(i) of the National Defense Authorization Act of 2017 (22 U.S.C. 7114(i))).
(c)
added
Award of funds— All grants issued under the program referred to in subsection (b) shall be—
(1)
added
awarded on a competitive basis; and
(2)
added
subject to the regular congressional notification procedures applicable with respect to grants made available under section 1298(b) of the National Defense Authorization Act of 2017 (22 U.S.C. 7114(b)).
Sec. 6315
Clarification of nonhumanitarian, nontrade-related foreign assistance
added
(a)
added
Clarification of scope of withheld assistance— Section 110(d)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(d)(1)) is amended to read as follows:
added
“(1) Withholding of assistance—The President has determined that—
added
“(A) the United States will not provide nonhumanitarian, nontrade-related foreign assistance to the central government of the country or funding to facilitate the participation by officials or employees of such central government in educational and cultural exchange programs, for the subsequent fiscal year until such government complies with the minimum standards or makes significant efforts to bring itself into compliance; and
added
“(B) the President will instruct the United States Executive Director of each multilateral development bank and of the International Monetary Fund to vote against, and to use the Executive Director’s best efforts to deny, any loan or other utilization of the funds of the respective institution to that country (other than for humanitarian assistance, for trade-related assistance, or for development assistance that directly addresses basic human needs, is not administered by the central government of the sanctioned country, and is not provided for the benefit of that government) for the subsequent fiscal year until such government complies with the minimum standards or makes significant efforts to bring itself into compliance.”
(b)
added
Definition of nonhumanitarian, nontrade related assistance— Section 103(10) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(10)) is amended to read as follows:
added
“(10) Nonhumanitarian, nontrade-related foreign assistance
added
“(A) In general—The term nonhumanitarian, nontrade-related foreign assistance means—
added
“(i) sales, or financing on any terms, under the Arms Export Control Act (22 U.S.C. 2751 et seq.), other than sales or financing provided for narcotics-related purposes following notification in accordance with the prior notification procedures applicable to reprogrammings pursuant to section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394–1); or
added
“(ii) United States foreign assistance, other than—
added
“(I) with respect to the Foreign Assistance Act of 1961—
added
“(aa) assistance for international narcotics and law enforcement under chapter 8 of part I of such Act (22 U.S.C. 2291 et seq.);
added
“(bb) assistance for International Disaster Assistance under subsections (b) and (c) of section 491 of such Act (22 U.S.C. 2292);
added
“(cc) antiterrorism assistance under chapter 8 of part II of such Act (22 U.S.C. 2349aa et seq.); and
added
“(dd) health programs under chapters 1 and 10 of part I and chapter 4 of part II of such Act (22 U.S.C. 2151 et seq.);
added
“(II) assistance under the Food for Peace Act (7 U.S.C. 1691 et seq.);
added
“(III) assistance under sections 2(a), (b), and (c) of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(a), (b), (c)) to meet refugee and migration needs;
added
“(IV) any form of United States foreign assistance provided through nongovernmental organizations, international organizations, or private sector partners—
added
“(aa) to combat human and wildlife trafficking;
added
“(bb) to promote food security;
added
“(cc) to respond to emergencies;
added
“(dd) to provide humanitarian assistance;
added
“(ee) to address basic human needs, including for education;
added
“(ff) to advance global health security; or
added
“(gg) to promote trade; and
added
“(V) any other form of United States foreign assistance that the President determines, by not later than October 1 of each fiscal year, is necessary to advance the security, economic, humanitarian, or global health interests of the United States without compromising the steadfast United States commitment to combating human trafficking globally.
added
“(B) Exclusions—The term nonhumanitarian, nontrade-related foreign assistance shall not include payments to or the participation of government entities necessary or incidental to the implementation of a program that is otherwise consistent with section 110.”
Sec. 6316
Expanding protections for domestic workers of official and diplomatic persons
added
added
Section 203(b) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1375c(b)) is amended by inserting after paragraph (4) the following:
added
“(5) National expansion of in-person registration program—The Secretary shall administer the Domestic Worker In-Person Registration Program for employees with A–3 visas or G–5 visas employed by accredited foreign mission members or international organization employees and shall expand this program nationally, which shall include—
added
“(A) after the arrival of each such employee in the United States, and annually during the course of such employee’s employment, a description of the rights of such employee under applicable Federal and State law;
added
“(B) provision of a copy of the pamphlet developed pursuant to section 202 to the employee with an A–3 visa or a G–5 visa; and
added
“(C) information on how to contact the National Human Trafficking Hotline.
added
“(6) Monitoring and training of A–3 and G–5 visa employers accredited to foreign missions and international organizations—The Secretary shall—
added
“(A) inform embassies, international organizations, and foreign missions of the rights of A–3 and G–5 domestic workers under the applicable labor laws of the United States, including the fair labor standards described in the pamphlet developed pursuant to section 202 and material on labor standards and labor rights of domestic worker employees who hold A–3 and G–5 visas;
added
“(B) inform embassies, international organizations, and foreign missions of the potential consequences to individuals holding a nonimmigrant visa issued pursuant to subparagraph (A)(i), (A)(ii), (G)(i), (G)(ii), or (G)(iii) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) who violate the laws described in subclause (I)(aa), including (at the discretion of the Secretary)—
added
“(i) the suspension of A–3 visas and G–5 visas;
added
“(ii) request for waiver of immunity;
added
“(iii) criminal prosecution;
added
“(iv) civil damages; and
added
“(v) permanent revocation of or refusal to renew the visa of the accredited foreign mission or international organization employee; and
added
“(C) require all accredited foreign mission and international organization employers of individuals holding A–3 visas or G–5 visas to report the wages paid to such employees on an annual basis.”
Sec. 6317
Effective dates
added
added
Sections 6314(b) and 6315, and the amendments made by those sections, take effect on the date that is the first day of the first full reporting period for the report required under section 110(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1)) after the date of the enactment of this Act.
Sec. 6321
Extension of authorizations under the Victims of Trafficking and Violence Protection Act of 2000
added
added
Section 113 of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7110) is amended—
(1)
added
in subsection (a), by striking “2018 through 2021, $13,822,000” and inserting “2026 through 2030, $17,000,000”; and
(2)
added
in subsection (c)—
(A)
added
in paragraph (1), in the matter preceding subparagraph (A), by striking “2018 through 2021, $65,000,000” and inserting “2026 through 2030, $102,500,000”; and
(B)
added
by adding at the end the following:
added
“(3) Programs to end modern slavery—Of the amounts authorized by paragraph (1) to be appropriated for a fiscal year, not more than $37,500,000 may be made available to fund programs to end modern slavery.”
Sec. 6322
Extension of authorizations under the International Megan’s Law
added
added
Section 11 of the International Megan’s Law to Prevent Child Exploitation and Other Sexual Crimes Through Advanced Notification of Traveling Sex Offenders (34 U.S.C. 21509) is amended by striking “2018 through 2021” and inserting “2025 through 2029”.
Sec. 6331
Briefing on annual trafficking in person’s report
added
added
Not later than 30 days after the public designation of country tier rankings and subsequent publishing of the Trafficking in Persons Report, the Secretary of State shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on—
(1)
added
countries that were downgraded or upgraded in the most recent Trafficking in Persons Report; and
(2)
added
the efforts made by the United States to improve counter-trafficking efforts in those countries, including foreign government efforts to better meet minimum standards to eliminate human trafficking.
Sec. 6332
Briefing on use and justification of waivers
added
added
Not later than 30 days after the President has determined to issue a waiver under section 110(d)(5) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(d)(5)), the Secretary of State shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on—
(1)
added
each country that received a waiver;
(2)
added
the justification for each such waiver; and
(3)
added
a description of the efforts made by each country to meet the minimum standards to eliminate human trafficking.
Sec. 5001
Short title; table of contents
added
(a)
added
Short title— This division may be cited as the “Coast Guard Authorization Act of 2025”.
(b)
added
Table of contents— The table of contents for this division is as follows:
Sec. 5002
Commandant defined
added
added
In this division, the term Commandant means the Commandant of the Coast Guard.
Sec. 5101
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 “fiscal years 2022 and 2023” and inserting “fiscal years 2025 and 2026”;
(2)
added
in paragraph (1)—
(A)
added
in subparagraph (A) by striking clauses (i) and (ii) and inserting the following:
added
“(i) $11,287,500,000 for fiscal year 2025; and
added
“(ii) $11,851,875,000 for fiscal year 2026.”
(B)
added
in subparagraph (B) by striking “$23,456,000” and inserting “$25,570,000”; and
(C)
added
in subparagraph (C) by striking “$24,353,000” and inserting “$26,848,500”;
(3)
added
in paragraph (2)(A) by striking clauses (i) and (ii) and inserting the following:
added
“(i) $3,627,600,000 for fiscal year 2025; and
added
“(ii) $3,651,480,000 for fiscal year 2026.”
(4)
added
in paragraph (3) by striking subparagraphs (A) and (B) and inserting the following:
added
“(A) $15,415,000 for fiscal year 2025; and
added
“(B) $16,185,750 for fiscal year 2026.”
(5)
added
by striking paragraph (4) and inserting the following:
added
“(4) For retired pay, including the payment of obligations otherwise chargeable to lapsed appropriations for purposes of retired pay, payments under the Retired Serviceman’s Family Protection Plan and the Survivor Benefit Plan, payment for career status bonuses, payment of continuation pay under section 356 of title 37, concurrent receipts, combat-related special compensation, and payments for medical care of retired personnel and their dependents under chapter 55 of title 10, $1,210,840,000 for fiscal year 2025.”
Sec. 5102
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 2022 and 2023” and inserting “fiscal years 2025 and 2026”; and
(2)
added
in subsection (b)—
(A)
added
in paragraph (1) by striking “2,500” and inserting “3,000”;
(B)
added
in paragraph (2) by striking “165” and inserting “200”;
(C)
added
in paragraph (3) by striking “385” and inserting “450”; and
(D)
added
in paragraph (4) by striking “1,200” and inserting “1,300”.
Sec. 5111
Modification of prohibition on use of lead systems integrators
added
added
Section 1105 of title 14, United States Code, is amended by adding at the end the following:
added
“(c) Lead systems integrator defined—In this section, the term lead systems integrator has the meaning given such term in section 805(c) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163).”
Sec. 5112
Service life extension programs
added
(a)
added
In general— Subchapter II of chapter 11 of title 14, United States Code, is amended by adding at the end the following:
added
“1138. Service life extension programs
added
“(a) In general—Requirements for a Level 1 or Level 2 acquisition project or program under sections 1131 through 1134 shall not apply to an acquisition by the Coast Guard that is a service life extension program.
added
“(b) Service life extension program defined—In this section, the term “service life extension program” means a capital investment that is solely intended to extend the service life and address obsolescence of components or systems of a particular capability or asset.”
(b)
added
Clerical amendment— The analysis for chapter 11 of such title is amended by inserting after the item relating to section 1137 the following:
(c)
added
Major acquisitions— Section 5103 of title 14, United States Code, is amended—
(1)
added
in subsection (a) by striking “major acquisition programs” and inserting “Level 1 Acquisitions or Level 2 Acquisitions”;
(2)
added
in subsection (b) by striking “major acquisition program” and inserting “Level 1 Acquisition or Level 2 Acquisition”; and
(3)
added
by amending subsection (f) to read as follows:
added
“(f) Definitions—In this section:
added
“(1) Level 1 acquisition—The term “Level 1 Acquisition” has the meaning given such term in section 1171.
added
“(2) Level 2 acquisition—The term “Level 2 Acquisition” has the meaning given such term in section 1171.”
(d)
added
Major acquisition program risk assessment— Section 5107 of title 14, United States Code, is amended by striking “section 5103(f)” and inserting “section 1171”.
Sec. 5113
Consideration of life-cycle cost estimates for acquisition and procurement
added
(a)
added
In general— Subchapter II of chapter 11 of title 14, United States Code, is further amended by adding at the end the following:
added
“1139. Consideration of life-cycle cost estimates for acquisition and procurement
added
“In carrying out the acquisition and procurement of vessels and aircraft, the Secretary of the department in which the Coast Guard is operating, acting through the Commandant, shall consider the life-cycle cost estimates of vessels and aircraft, as applicable, during the design and evaluation processes to the maximum extent practicable.”
(b)
added
Clerical amendment— The analysis for chapter 11 of title 14, United States Code, is amended by inserting after the item relating to section 1138 (as added by this Act) the following:
Sec. 5114
Great Lakes icebreaking
added
(a)
added
Great Lakes icebreaker—
(1)
added
Strategy— Not later than 90 days after the date of enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a strategy detailing how the Coast Guard will complete design and construction of a Great Lakes icebreaker at least as capable as the Coast Guard cutter Mackinaw (WLBB–30) as expeditiously as possible after funding is provided for such icebreaker, including providing a cost estimate and an estimated delivery timeline that would facilitate the expedited delivery detailed in the strategy.
(2)
added
Great Lakes icebreaker pilot program—
(A)
added
In general— During the 5 ice seasons beginning after the date of enactment of this Act, the Commandant shall conduct a pilot program to determine the extent to which the Coast Guard Great Lakes icebreaking cutter fleet is capable of maintaining tier one and tier two waterways open 95 percent of the time during an ice season.
(B)
added
Report— Not later than 180 days after the end of each of the 5 ice seasons beginning after the date of enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that details—
(i)
added
the results of the pilot program required under subparagraph (A); and
(ii)
added
any relevant new performance measures implemented by the Coast Guard, including the measures described in pages 5 through 7 of the report of the Coast Guard titled “Domestic Icebreaking Operations” and submitted to Congress on July 26, 2024, as required by section 11212(a)(3) of the Don Young Coast Guard Authorization Act of 2022 (Public Law 117–263), and the results of the implementation of such measures.
(b)
added
Modification to reporting requirement relating to icebreaking operations in Great Lakes—
(1)
added
In general— Section 11213(f) of the Don Young Coast Guard Authorization Act of 2022 (Public Law 117–263) is amended to read as follows:
added
“(f) Public report—Not later than July 1 after the first winter in which the Commandant has submitted the report required by paragraph (3) of section 11212(a), the Commandant shall publish on a publicly accessible website of the Coast Guard a report on the cost to the Coast Guard of meeting the proposed standards described in paragraph (2) of such section.”
(2)
added
Public report— Section 11272(c) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 is amended by adding at the end the following:
added
“(7) Public report
added
“(A) In general—Not later than 30 days after the date of enactment of the Coast Guard Authorization Act of 2025, the Commandant shall brief the Committee on Transportation and Infrastructure of the House or Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the cost to the Coast Guard of meeting the requirements of section 564 of title 14, United States Code, in fiscal year 2024.
added
“(B) Secondary briefings—Not later than November 1, 2025 and November, 1, 2026, the Commandant shall brief the committees described in subparagraph (A) on the cost to the Coast Guard of meeting the requirements of section 564 of title 14, United States Code, in fiscal years 2025 and 2026, respectively.”
Sec. 5115
Regular Polar Security Cutter updates
added
(1)
added
Report to Congress— Not later than 120 days after the date of enactment of this Act, the Commandant and the Chief of Naval Operations shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committees on Armed Services of the Senate and the House of Representatives a report on the status of acquisition of Polar Security Cutters.
(2)
added
Elements— The report under paragraph (1) shall include—
(A)
added
a detailed timeline for the acquisition process of Polar Security Cutters, including expected milestones and a projected commissioning date for the first 3 Polar Security Cutters;
(B)
added
an accounting of the previously appropriated funds spent to date on the Polar Security Cutter Program, updated cost projections for Polar Security Cutters, and projections for when additional funds will be required;
(C)
added
potential factors and risks that could further delay or imperil the completion of Polar Security Cutters; and
(D)
added
a review of the acquisition of Polar Security Cutters to date, including factors that led to substantial cost overruns and delivery delays.
(1)
added
Provision to Congress— Not later than 90 days after the submission of the report under subsection (a), and not less frequently than every 90 days thereafter, the Commandant and the Chief of Naval Operations shall provide to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committees on Armed Services of the Senate and the House of Representatives a briefing on the status of the Polar Security Cutter acquisition process.
(2)
added
Timeline— The briefings under paragraph (1) shall occur after any key milestone in the Polar Security Cutter acquisition process, but not less frequently than every 90 days.
(3)
added
Elements— Each briefing under paragraph (1) shall include—
(A)
added
a summary of acquisition progress since the most recent previous briefing conducted pursuant to paragraph (1);
(B)
added
an updated timeline and budget estimate for acquisition and building of pending Polar Security Cutters; and
(C)
added
an explanation of any delays or additional costs incurred in the acquisition progress.
(c)
added
Notifications— In addition to the briefings required under subsection (b), the Commandant and the Chief of Naval Operations shall notify the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committees on Armed Services of the Senate and the House of Representatives within 3 business days of any significant change to the scope or funding level of the Polar Security Cutter acquisition strategy of such change.
Sec. 5116
Floating drydock for United States Coast Guard Yard
added
(a)
added
In general— Subchapter III of chapter 11 of title 14, United States Code, is amended by adding at the end the following:
added
“1159. Floating drydock for United States Coast Guard Yard
added
“(a) In general—Except as provided in subsection (b), the Commandant may not acquire, procure, or construct a floating dry dock for the Coast Guard Yard.
added
“(b) Permissible acquisition, procurement, or construction methods—Notwithstanding subsection (a) of this section and section 1105(a), the Commandant may—
added
“(1) provide for an entity other than the Coast Guard to contract for the acquisition, procurement, or construction of a floating drydock by contract, lease, purchase, or other agreement;
added
“(2) construct a floating drydock at the Coast Guard Yard; or
added
“(3) acquire or procure a commercially available floating drydock.
added
“(c) Exemptions from requirements—Sections 1131, 1132, 1133, and 1171 shall not apply to an acquisition or procurement under subsection (b).
added
“(d) Design standards and construction practices—To the extent practicable, a floating drydock acquired, procured, or constructed under this section shall reflect commercial design standards and commercial construction practices that are consistent with the best interests of the Federal Government.
added
“(e) Berthing requirement—Any floating drydock acquired, procured, or constructed under subsection (b) shall be berthed at the Coast Guard Yard in Baltimore, Maryland, when lifting or maintaining vessels.
added
“(f) Floating dry dock defined—In this section, the term “floating dry dock” means equipment that is—
added
“(1) constructed in the United States; and
added
“(2) capable of meeting the lifting and maintenance requirements of a vessel that is at least 418 feet in length with a gross tonnage of 4,500 gross tons.”
(b)
added
Clerical amendment— The analysis for chapter 11 of title 14, United States Code, is amended by inserting after the item relating to section 1158 the following:
Sec. 5131
Modification of treatment of minor construction and improvement project management
added
added
Section 903(d)(1) of title 14, United States Code, is amended by striking “$1,500,000” and inserting “$2,000,000”.
Sec. 5132
Preparedness plans for Coast Guard properties located in tsunami inundation zones
added
(a)
added
In general— Not later than 1 year after the date of enactment of this Act, the Commandant, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and the heads of other appropriate Federal agencies, shall develop a location-specific tsunami preparedness plan for each property concerned.
(b)
added
Requirements— In developing each preparedness plan under subsection (a), the Commandant shall ensure that the plan—
(1)
added
minimizes the loss of human life;
(2)
added
maximizes the ability of the Coast Guard to meet the mission of the Coast Guard;
(3)
added
is included in the emergency action plan for each Coast Guard unit or sector located within the applicable tsunami inundation zone;
(4)
added
designates an evacuation route to an assembly area located outside the tsunami inundation zone;
(5)
added
takes into consideration near-shore and distant tsunami inundation of the property concerned;
(A)
added
maps of all applicable tsunami inundation zones;
(B)
added
evacuation routes and instructions for all individuals located on the property concerned;
(C)
added
procedures to begin evacuations as expeditiously as possible upon detection of a seismic or other tsunamigenic event;
(D)
added
evacuation plans for Coast Guard aviation and afloat assets; and
(i)
added
routes for evacuation on foot from any location within the property concerned; or
(ii)
added
if an on-foot evacuation is not possible, an assessment of whether there is a need for vertical evacuation refuges that would allow evacuation on foot;
(7)
added
in the case of a property concerned that is at risk for a near-shore tsunami, is able to be completely executed within 15 minutes of detection of a seismic event, or if complete execution is not possible within 15 minutes, within a timeframe the Commandant considers reasonable to minimize the loss of life; and
(8)
added
not less frequently than annually, is—
(A)
added
exercised by each Coast Guard unit and sector located in the applicable tsunami inundation zone;
(B)
added
communicated through an annual in-person training to Coast Guard personnel and dependents located or living on the property concerned; and
(C)
added
evaluated by the relevant District Commander for each Coast Guard unit and sector located within the applicable tsunami inundation zone.
(c)
added
Consultation— In developing each preparedness plan under subsection (a), the Commandant shall consult relevant State, Tribal, and local government entities, including emergency management officials.
(d)
added
Briefing— Not later than 14 months after the date of enactment of this Act, the Commandant shall provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on each plan developed under subsection (a), including the status of implementation and feasibility of each such plan.
(e)
added
Definitions— In this section:
(1)
added
Property concerned— The term “property concerned” means any real property owned, operated, or leased by the Coast Guard within a tsunami inundation zone.
(2)
added
Tsunamigenic event— The term “tsunamigenic event” means any event, such as an earthquake, volcanic eruption, submarine landslide, coastal rockfall, or other event, with the magnitude to cause a tsunami.
(3)
added
Vertical evacuation refuge— The term “vertical evacuation refuge” means a structure or earthen mound designated as a place of refuge in the event of a tsunami, with sufficient height to elevate evacuees above the tsunami inundation depth, designed and constructed to resist tsunami load effects.
Sec. 5133
Public availability of information
added
(a)
added
In general— Section 11269 of the Don Young Coast Guard Authorization Act of 2022 (Public Law 117–263) is—
(1)
added
transferred to appear at the end of subchapter II of chapter 5 of title 14, United States Code;
(2)
added
redesignated as section 529; and
(A)
added
by striking the section enumerator and heading and inserting the following:
added
“529. Public availability of information”
(B)
added
by striking “Not later than” and inserting the following:
added
“(a) In general—Not later than”
(C)
added
by striking “the number of migrant” and inserting “the number of drug and person”; and
(D)
added
by adding at the end the following:
added
“(b) Contents—In making information about interdictions publicly available under subsection (a), the Commandant shall include a description of the following:
added
“(1) The number of incidents in which drugs were interdicted, the amount and type of drugs interdicted, and the Coast Guard sectors and geographic areas of responsibility in which such incidents occurred.
added
“(2) The number of incidents in which persons were interdicted, the number of persons interdicted, the number of those persons who were unaccompanied minors, and the Coast Guard sectors and geographic areas of responsibility in which such incidents occurred.
added
“(c) Rule of construction—Nothing in this provision shall be construed to require the Coast Guard to collect the information described in subsection (b), and nothing in this provision shall be construed to require the Commandant to publicly release confidential, classified, law enforcement sensitive, or otherwise protected information.”
(b)
added
Clerical amendments—
(1)
added
The analysis for chapter 5 of title 14, United States Code, is amended by inserting after the item relating to section 528 the following:
(2)
added
The table of sections in section 11001(b) of the Don Young Coast Guard Authorization Act of 2022 (division K of Public Law 117–263) is amended by striking the item relating to section 11269.
Sec. 5134
Delegation of ports and waterways safety authorities in Saint Lawrence Seaway
added
(a)
added
In general— Section 70032 of title 46, United States Code, is amended to read as follows:
added
“70032. Delegation of ports and waterways authorities in Saint Lawrence Seaway
added
“(a) In general—Except as provided in subsection (b), the authority granted to the Secretary under sections 70001, 70002, 70003, 70004, and 70011 may not be delegated with respect to the Saint Lawrence Seaway to any agency other than the Great Lakes St. Lawrence Seaway Development Corporation. Any other authority granted the Secretary under subchapters I through III and this subchapter shall be delegated by the Secretary to the Great Lakes St. Lawrence Seaway Development Corporation to the extent the Secretary determines such delegation is necessary for the proper operation of the Saint Lawrence Seaway.
added
“(b) Exception—The Secretary of the department in which the Coast Guard is operating, after consultation with the Secretary or the head of an agency to which the Secretary has delegated the authorities in subsection (a), may—
added
“(1) issue and enforce special orders in accordance with section 70002;
added
“(2) establish water or waterfront safety zones, or other measures, for limited, controlled, or conditional access and activity when necessary for the protection of any vessel structure, waters, or shore area, as permitted in section 70011(b)(3); and
added
“(3) take actions for port, harbor, and coastal facility security in accordance with section 70116.”
(b)
added
Clerical amendment— The analysis for chapter 700 of title 46, United States Code, is amended by striking the item relating to section 70032 and inserting the following:
Sec. 5135
Additional Pribilof Island transition completion actions
added
added
Section 11221 of the Don Young Coast Guard Authorization Act of 2022 (Public Law 117–263) is amended by adding at the end the following:
added
“(e) Additional reports on status of use of facilities and helicopter basing—Beginning with the first quarterly report required under subsection (a) submitted after the date of enactment of the Coast Guard Authorization Act of 2025, the Secretary shall include in each such report—
added
“(1) the status of the use of recently renovated Coast Guard housing facilities, food preparation facilities, and maintenance and repair facilities on St. Paul Island, Alaska, including a projected date for full use and occupancy of such facilities in support of Coast Guard missions in the Bering Sea; and
added
“(2) a detailed plan for the acquisition and construction of a hangar in close proximity to existing St. Paul airport facilities for the prosecution of Coast Guard operational missions, including plans for the use of land needed for such hangar.”
Sec. 5136
Policy and briefing on availability of naloxone to treat opioid, including fentanyl, overdoses
added
(a)
added
Policy— Not later than 1 year after the date of enactment of this Act, the Commandant shall update the policy of the Coast Guard regarding the use, at Coast Guard facilities, onboard Coast Guard assets, and during Coast Guard operations, of medication to treat drug overdoses, including the use of drugs or devices approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose.
(b)
added
Availability— The updated policy required under subsection (a) shall require opioid overdose reversal medications be available—
(1)
added
at each Coast Guard clinic;
(2)
added
at each independently located Coast Guard unit;
(3)
added
onboard each Coast Guard cutter; and
(4)
added
for response to known or suspected opioid overdoses, such as fentanyl, at other appropriate Coast Guard installations and facilities and onboard other Coast Guard assets.
(c)
added
Participation in tracking system— Not later than 1 year after the earlier of the date of enactment of this Act or the date on which the tracking system established under section 706 of the National Defense Authorization Act for Fiscal Year 2024 (10 U.S.C. 1090 note) is established, the Commandant shall ensure the participation of the Coast Guard in the such tracking system.
(d)
added
Memorandum of understanding— Not later than 1 year after the earlier of the date of enactment of this Act or the date on which the tracking system established under section 706 of the National Defense Authorization Act for Fiscal Year 2024 (10 U.S.C. 1090 note) is established, the Secretary of the department in which the Coast Guard is operating when not operating as a service in the Navy and the Secretary of Defense shall finalize a memorandum of understanding to facilitate Coast Guard access such tracking system.
(1)
added
In general— Not later than 2 years after the date of enactment of this Act, the Commandant shall provide the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the use, by members and personnel of the Coast Guard at Coast Guard facilities, onboard Coast Guard assets, and during Coast Guard operations, of—
(A)
added
opioid overdose reversal medications; and
(B)
added
opioids, including fentanyl.
(2)
added
Elements— The briefing required under paragraph (1) shall include the following:
(A)
added
A description of—
(i)
added
the progress made in the implementation of the updated policy required under subsection (a);
(ii)
added
the prevalence and incidence of the illegal use of fentanyl and other controlled substances in the Coast Guard during the 5-year period preceding the briefing;
(iii)
added
processes of the Coast Guard to mitigate substance abuse in the Coast Guard, particularly with respect to fentanyl; and
(iv)
added
the status of the memorandum of understanding required under subsection (d).
(B)
added
For the 5-year period preceding the briefing, a review of instances in which naloxone or other similar medication was used to treat opioid, including fentanyl, overdoses at a Coast Guard facility, onboard a Coast Guard asset, or during a Coast Guard operation.
(f)
added
Privacy— In carrying out the requirements of this section, the Commandant shall ensure compliance with all applicable privacy law, including section 552a of title 5, United States Code (commonly referred to as the “Privacy Act”), and the privacy regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act (42 U.S.C. 1320d–2 note).
(g)
added
Rule of construction— For purposes of the availability requirement under subsection (b), with respect to a Coast Guard installation comprised of multiple Coast Guard facilities or units, opioid overdose reversal medications available at a single Coast Guard facility within the installation shall be considered to be available to all Coast Guard facilities or units on the installation if appropriate arrangements are in place to ensure access, at all times during operations, to the opioid overdose reversal medications contained within such single Coast Guard facility.
Sec. 5137
Great Lakes and Saint Lawrence River cooperative vessel traffic service
added
added
Not later than 2 years after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall issue or amend regulations to address any applicable arrangements with the Canadian Coast Guard regarding vessel traffic services cooperation and vessel traffic management data exchanges within the Saint Lawrence Seaway and the Great Lakes.
Sec. 5138
Policy on methods to reduce incentives for illicit maritime drug trafficking
added
(a)
added
In general— Not later than 1 year after the date of the enactment of this Act, the Commandant, in consultation with the Administrator of the Drug Enforcement Administration, the Secretary of State, and the Secretary of Defense, shall develop a policy, consistent with the Constitution of the United States, as well as domestic and international law, to address, disincentivize, and interdict illicit trafficking by sea of controlled substances (and precursors of controlled substances) being transported to produce illicit synthetic drugs.
(b)
added
Elements— The policy required under subsection (a) shall—
(1)
added
include a requirement that, to the maximum extent practicable, a vessel unlawfully transporting a controlled substance or precursors of a controlled substance being transported to produce illicit synthetic drugs, be seized or appropriately disposed of consistent with domestic and international law, as well as any international agreements to which the United States is a party; and
(2)
added
aim to reduce incentives for illicit maritime drug trafficking on a global scale, including in the Eastern Pacific Ocean, the Indo-Pacific region, the Caribbean, and the Middle East.
(c)
added
Briefing— Not later than 1 year after the date of the enactment of this Act, the Commandant shall brief the Committee on Committee on Commerce, Science, and Transportation of the Senate, the Committee on Foreign Relations of the Senate, and the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Homeland Security of the House of Representatives regarding—
(1)
added
the policy developed pursuant to subsection (a); and
(2)
added
recommendations with respect to—
(A)
added
additional methods for reducing illicit drug trafficking; and
(B)
added
additional resources necessary to implement the policy required under subsection (a) and methods recommended under subparagraph (A).
Sec. 5139
Procurement of tactical maritime surveillance systems
added
(a)
added
In general— Except as provided in subsection (b)(2), subject to the availability of appropriations and if the Secretary of Homeland Security determines that there is a need, the Secretary of Homeland Security shall—
(1)
added
procure a tactical maritime surveillance system, or similar technology, for use by the Coast Guard and U.S. Customs and Border Protection in the areas of operation of—
(A)
added
Coast Guard Sector San Diego in California;
(B)
added
Coast Guard Sector San Juan in Puerto Rico; and
(C)
added
Coast Guard Sector Key West in Florida; and
(2)
added
for purposes of data integration and land-based data access, procure for each area of operation described in paragraph (1) and for Coast Guard Station South Padre Island a land-based maritime domain awareness system capable of sharing data with the Coast Guard and U.S. Customs and Border Protection—
(A)
added
to operate in conjunction with—
(i)
added
the system procured under section 11266 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 4063) for Coast Guard Station South Padre Island; and
(ii)
added
the tactical maritime surveillance system procured for each area of operation under paragraph (1); and
(B)
added
to be installed in the order in which the systems described in subparagraph (A) are installed.
(b)
added
Study; limitation—
(1)
added
Study required— Prior to the procurement or operation of a tactical maritime surveillance system, or similar technology, that is deployed from a property owned by the Department of Defense, the Secretary of Homeland Security shall complete a study, in coordination with Secretary of Defense, analyzing the potential impacts to the national security of the United States of such operation.
(2)
added
Limitation— If it is determined by the Secretary of Homeland Security and the Secretary of Defense through the study required under paragraph (1) that the placement or installation of a system described in subsection (a) negatively impacts the national security of the United States, such system shall not be procured or installed.
Sec. 5140
Plan for joint and integrated maritime operational and leadership training for United States Coast Guard and Taiwan Coast Guard Administration
added
(a)
added
Purpose— The purpose of this section is to require a plan to increase joint and integrated training opportunities for the United States Coast Guard and the Taiwan Coast Guard Administration.
(1)
added
In general— Not later than 180 days after the date of enactment of this Act, the Commandant, in consultation with the Secretary of State and the Secretary of Defense, shall complete a plan to expand opportunities for additional joint and integrated training activities for the United States Coast Guard and the Taiwan Coast Guard Administration.
(2)
added
Elements— The plan required by paragraph (1) shall include the following:
(A)
added
The estimated costs for fiscal years 2024 through 2029—
(i)
added
to deploy United States Coast Guard mobile training teams to Taiwan to meaningfully enhance the maritime security, law enforcement, and deterrence capabilities of Taiwan; and
(ii)
added
to accommodate the participation of an increased number of members of the Taiwan Coast Guard Administration in United States Coast Guard-led maritime training courses, including associated training costs for such members, such as costs for lodging, meals and incidental expenses, travel, training of personnel, and instructional materials.
(B)
added
A strategy for increasing the number of seats, as practicable, for members of the Taiwan Coast Guard Administration at each of the following United States Coast Guard training courses:
(i)
added
The International Maritime Officers Course.
(ii)
added
The International Leadership and Management Seminar.
(iii)
added
The International Crisis Command and Control Course.
(iv)
added
The International Maritime Domain Awareness School.
(v)
added
The International Maritime Search and Rescue Planning School.
(vi)
added
The International Command Center School.
(C)
added
An assessment of—
(i)
added
the degree to which integrated and joint United States Coast Guard and Taiwan Coast Guard Administration maritime training would assist in—
(I)
added
preventing, detecting, and suppressing illegal, unreported, and unregulated fishing operations in the South China Sea and surrounding waters; and
(II)
added
supporting counter-illicit drug trafficking operations in the South China Sea and surrounding waters; and
(ii)
added
whether the frequency of United States Coast Guard training team visits to Taiwan should be increased to enhance the maritime security, law enforcement, and deterrence capabilities of Taiwan.
(3)
added
Briefing— Not later than 60 days after the date on which the plan required under paragraph (1) is completed, the Commandant shall provide to the Committee on Commerce, Science, and Transportation and the Committee on Foreign Relations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Foreign Affairs of the House of Representatives a briefing on the contents of the plan.
Sec. 5141
Modification of authority for special purpose facilities
added
added
Section 907 of title 14, United States Code, is amended—
(1)
added
in subsection (a), in the first sentence—
(A)
added
by striking “20 years” and inserting “30 years”;
(B)
added
by striking “or National” and inserting “National”; and
(C)
added
by inserting before the period “, medical facilities, Coast Guard child development centers (as such term is defined in section 2921), and training facilities, including small arms firing ranges”; and
(2)
added
in subsection (b)—
(A)
added
by striking the period and inserting a semicolon;
(B)
added
by striking “means any facilities” and inserting
added
“(1) any facilities”
(C)
added
by adding at the end the following:
added
“(2) medical facilities;
added
“(3) Coast Guard child development centers (as such term is defined in section 2921); and
added
“(4) training facilities, including small arms firing ranges.”
Sec. 5142
Timely reimbursement of damage claims for Coast Guard property
added
added
Section 546 of title 14, United States Code, is amended in the second sentence by inserting “and the amounts collected shall be available until expended” after “special deposit account”.
Sec. 5143
Enhanced use property pilot program
added
added
Section 504 of title 14, United States Code, is amended—
(1)
added
in subsection (a)(13) by striking “five years” and inserting “30 years”; and
(2)
added
by adding at the end the following:
added
“(g) Additional provisions
added
“(1) In general—Amounts received under subsection (a)(13) shall be—
added
“(A) in addition to amounts otherwise available for the activities described in subsection (a)(13) for any fiscal year; and
added
“(B) available until expended.
added
“(2) Consideration
added
“(A) In general—Except as provided in subparagraph (B), a person or entity entering into a contractual agreement under this section shall provide consideration for the contractual agreement at fair market value, as determined by the Commandant.
added
“(B) Exception—In the case of a contractual agreement under this section between the Coast Guard and any other Federal department or agency, the Federal department or agency concerned shall provide consideration for the contractual agreement that is equal to the full cost borne by the Coast Guard in connection with completing such contractual agreement.
added
“(C) Forms—Consideration under this subsection may take any of the following forms:
added
“(i) The payment of cash.
added
“(ii) The maintenance, construction, modification, or improvement of existing or new facilities on real property under the jurisdiction of the Commandant.
added
“(iii) The use by the Coast Guard of facilities on the property concerned.
added
“(iv) The provision of services, including parking, telecommunications, and environmental remediation and restoration of real property under the jurisdiction of the Commandant.
added
“(v) Any other consideration the Commandant considers appropriate.
added
“(vi) A combination of any forms described in this subparagraph.
added
“(3) Sunset—The authority under paragraph (13) of subsection (a) shall expire on December 31, 2030. The expiration under this paragraph of authority under paragraph (13) of subsection (a) shall not affect the validity or term of contractual agreements under such paragraph or the retention by the Commandant of proceeds from such agreements entered into under such subsection before the expiration of the authority.”
Sec. 5144
Coast Guard property provision
added
(a)
added
In general— Chapter 7 of title 14, United States Code, is amended by adding at the end the following:
added
“722. Cooperation with eligible entities
added
“(a) Definitions—In this section:
added
“(1) Coast Guard installation—The term “Coast Guard installation” means a base, unit, station, yard, other property under the jurisdiction of the Commandant or, in the case of property in a foreign country, under the operational control of the Coast Guard, without regard to the duration of operational control.
added
“(2) Cultural resource—The term “cultural resource” means any of the following:
added
“(A) A building, structure, site, district, or object eligible for or included in the National Register of Historic Places maintained under section 302101 of title 54.
added
“(B) Cultural items, as that term is defined in section 2(3) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001(3)).
added
“(C) An archaeological resource, as that term is defined in section 3(1) of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470bb(1))).
added
“(D) An archaeological artifact collection and associated records covered by part 79 of title 36, Code of Federal Regulations.
added
“(E) A sacred site, as that term is defined in section 1(b) of Executive Order No. 13007 (42 U.S.C. 1996 note; relating to Indian sacred sites).
added
“(F) Treaty or trust resources of an Indian Tribe, including the habitat associated with such resources.
added
“(G) Subsistence resources of an Indian Tribe or a Native Hawaiian organization including the habitat associated with such resources.
added
“(3) Eligible entity—The term “eligible entity” means any the following:
added
“(A) A State, or a political subdivision of a State.
added
“(B) A local government.
added
“(C) An Indian Tribe.
added
“(D) A Native Hawaiian organization.
added
“(E) A Tribal organization.
added
“(F) A Federal department or agency.
added
“(4) Indian Tribe—The term “Indian Tribe” has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
added
“(5) Native Hawaiian organization—The term “Native Hawaiian organization” has the meaning given such term in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517) except the term includes the Department of Hawaiian Home Lands and the Office of Hawaiian Affairs.
added
“(6) Natural resource—The term “natural resource” means land, fish, wildlife, biota, air, water, ground water, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States (including the resources of the waters of the United States), any State or local government, any Indian Tribe, any Native Hawaiian organization, or any member of an Indian Tribe, if such resources are subject to a trust restriction on alienation and have been categorized into one of the following groups:
added
“(A) Surface water resources.
added
“(B) Ground water resources.
added
“(C) Air resources.
added
“(D) Geologic resources.
added
“(E) Biological resources.
added
“(7) State—The term “State” includes each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and the territories and possessions of the United States.
added
“(8) Tribal organization—The term “Tribal organization” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
added
“(b) Cooperative agreements for management of cultural resources
added
“(1) Authority—The Commandant may enter into a cooperative agreement with an eligible entity (or in the case that the eligible entity is a Federal department or agency, an interagency agreement)—
added
“(A) to provide for the preservation, management, maintenance, and improvement of natural resources and cultural resources located on a site described under paragraph (2); and
added
“(B) for the purpose of conducting research regarding the natural resources and cultural resources.
added
“(2) Authorized natural and cultural resources sites—To be covered by a cooperative agreement under paragraph (1), the relevant natural resources or cultural resources shall be located—
added
“(A) on a Coast Guard installation; or
added
“(B) on a site outside of a Coast Guard installation, but only if the cooperative agreement will directly relieve or eliminate current or anticipated restrictions that would or might restrict, impede, or otherwise interfere, either directly or indirectly, with current or anticipated Coast Guard training, testing, maintenance, or operations on a Coast Guard installation.
added
“(3) Application of other laws—Section 1535 and chapter 63 of title 31 shall not apply to an agreement entered into under paragraph (1).
added
“(c) Agreements and considerations
added
“(1) Agreements authorized—The Commandant may enter into an agreement with an eligible entity, and may enter into an interagency agreement with the head of another Federal department or agency, to address the use or development of property in the vicinity of, or ecologically related to, a Coast Guard installation for purposes of—
added
“(A) limiting any development or use of such property that would be incompatible with the mission of the Coast Guard installation;
added
“(B) preserving habitat on such property in a manner that—
added
“(i) is compatible with environmental requirements; and
added
“(ii) may eliminate or relieve current or anticipated environmental restrictions that would or might otherwise restrict, impede, or interfere, either directly or indirectly, with current or anticipated Coast Guard training or operations on the Coast Guard installation;
added
“(C) maintaining or improving Coast Guard installation resilience;
added
“(D) maintaining and improving natural resources, or benefitting natural and historic research, on the Coast Guard installation;
added
“(E) maintaining access to cultural resources and natural resources, including—
added
“(i) Tribal treaty fisheries and shellfish harvest, and usual and accustomed fishing areas; and
added
“(ii) subsistence fisheries, or any other fishery or shellfish harvest, of an Indian Tribe;
added
“(F) providing a means to replace or repair property or cultural resources of an Indian Tribe or a Native Hawaiian organization if such property is damaged by Coast Guard personnel or operations, in consultation with the affected Indian Tribe or Native Hawaiian organization; or
added
“(G) maintaining and improving natural resources located outside a Coast Guard installation, including property of an eligible entity, if the purpose of the agreement is to relieve or eliminate current or anticipated challenges that could restrict, impede, or otherwise interfere with, either directly or indirectly, current or anticipated Coast Guard activities.
added
“(2) Inapplicability of certain contract requirements—Notwithstanding chapter 63 of title 31, an agreement under subsection (b)(1) that is a cooperative agreement and concerns a cultural resource or a natural resource may be used to acquire property or services for the direct benefit or use of the Federal Government.
added
“(d)
added
“(1) An agreement under subparagraph (b)(1) shall provide for—
added
“(A) the acquisition by an eligible entity or entities of all right, title, and interest in and to any real property, or any lesser interest in the property, as may be appropriate for purposes of this subsection; and
added
“(B) the sharing by the United States and an eligible entity or entities of the acquisition costs in accordance with paragraph (3).
added
“(2) Property or interests may not be acquired pursuant to an agreement under subsection (b)(1) unless the owner of the property or interests consents to the acquisition.
added
“(3)
added
“(A) An agreement with an eligible entity under subsection (b)(1) may provide for—
added
“(i) the management of natural resources on, and the monitoring and enforcement of any right, title, or interest in real property in which the Commandant acquires any right, title, or interest in accordance with this subsection; and
added
“(ii) for the payment by the United States of all or a portion of the costs of such management, monitoring, or enforcement if the Commandant determines that there is a demonstrated need to preserve or restore habitat for the purposes of subsection (b) or (c).
added
“(B) Any payment provided for under subparagraph (A) may—
added
“(i) be paid in a lump sum;
added
“(ii) include an amount intended to cover the future costs of natural resource management and monitoring and enforcement; and
added
“(iii) be placed by the eligible entity in an interest-bearing account, so long as any interest is to be applied for the same purposes as the principal.
added
“(C) Any payments made under this paragraph shall be subject to periodic auditing by the Inspector General of the department in which the Coast Guard is operating.
added
“(4)
added
“(A) In entering into an agreement under subsection (b)(1), the Commandant shall determine the appropriate portion of the acquisition costs to be borne by the United States in the sharing of acquisition costs of real property, or an interest in real property, as required under paragraph (1)(B).
added
“(B) In lieu of, or in addition to, making a monetary contribution toward the cost of acquiring a parcel of real property, or an interest therein, pursuant to an agreement under subsection (b)(1), the Commandant may convey real property in accordance with applicable law.
added
“(C) The portion of acquisition costs borne by the United States pursuant to subparagraph (A), either through the contribution of funds, excess real property, or both, may not exceed an amount equal to—
added
“(i) the fair market value of any property, or interest in property, to be transferred to the United States upon the request of the Commandant under paragraph (5); or
added
“(ii) the cumulative fair market value of all properties, or all interests in properties, to be transferred to the United States under paragraph (5) pursuant to an agreement under subsection (b)(1).
added
“(D) The contribution of an eligible entity to the acquisition costs of real property, or an interest in real property, under paragraph (1)(B) may include, with the approval of the Commandant, the following:
added
“(i) The provision of funds, including funds received by the eligible entity from—
added
“(I) a Federal agency outside the department in which the Coast Guard is operating; or
added
“(II) a State or local government in connection with a Federal, State, or local program.
added
“(ii) The provision of in-kind services, including services related to the acquisition or maintenance of such real property or interest in real property.
added
“(iii) The exchange or donation of real property or any interest in real property.
added
“(iv) Any combination of clauses (i) through (iii).
added
“(5)
added
“(A) In entering into an agreement under subsection (b)(1), each eligible entity that is a party to the agreement shall agree, as a term of the agreement, to transfer to the United States, upon request of the Commandant, all or a portion of the property or interest acquired under the agreement or a lesser interest therein, except no such requirement need be included in the agreement if—
added
“(i) the property or interest is being transferred to a State or another Federal agency, or the agreement requires the property or interest to be subsequently transferred to a State or another Federal agency; and
added
“(ii) the Commandant determines that the laws and regulations applicable to the future use of such property or interest provide adequate assurance that the property concerned will be developed and used in a manner appropriate for purposes of this subsection.
added
“(B) The Commandant shall limit a transfer request pursuant to subparagraph (A) to the minimum property or interests necessary to ensure that the property or interest concerned is developed and used in a manner appropriate for purposes of this subsection.
added
“(C)
added
“(i) Notwithstanding paragraph (A), If all or a portion of a property or interest acquired under an agreement under subsection (b)(1) is initially or subsequently transferred to a State or another Federal agency, before that State or other Federal agency may declare the property or interest in excess to its needs or propose to exchange the property or interest, the State or other Federal agency shall give the Commandant reasonable advance notice of its intent to so declare.
added
“(ii) Upon receiving such reasonable advance notice under clause (i), the Commandant may request, within a reasonable time period, that administrative jurisdiction over the property or interest be transferred to the Commandant, if the Commandant determines such transfer necessary for the preservation of the purposes of this subsection.
added
“(iii) Upon a request from the Commandant under clause (ii), the administrative jurisdiction over the property or interest be transferred to the Commandant at no cost.
added
“(iv) If the Commandant does not make a request under clause (ii) within a reasonable time period, all such rights of the Commandant to request transfer of administrative jurisdiction over the property or interest shall remain available to the Commandant with respect to future transfers or exchanges of the property or interest and shall bind all subsequent transferees.
added
“(D) The Commandant may accept, on behalf of the United States, any property or interest to be transferred to the United States under an agreement under subsection (b)(1).
added
“(E) For purposes of the acceptance of property or interests under an agreement under subsection (b)(1), the Commandant may accept an appraisal or title documents prepared or adopted by a non-Federal entity as satisfying the applicable requirements of section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4651) or section 3111 of title 40 if the Commandant finds that the appraisal or title documents substantially comply with the requirements of such sections and is reasonably accurate.
added
“(e) Minimal criteria for approval of agreements—The Commandant may approve a cooperative agreement under subsection (b)(1) if the Commandant determines that—
added
“(1) the eligible entity has authority to carry out the project;
added
“(2) the project would be completed without unreasonable delay as determined by the Commandant; and
added
“(3) the project cannot be effectively completed without the cooperative agreement authority under subsection (b)(1).
added
“(f) Additional terms and conditions—The Commandant may require such additional terms and conditions in an agreement under subsection (b)(1) as the Commandant considers appropriate to protect the interests of the United States, in accordance with applicable Federal law.
added
“(g) Notification; availability of agreements to Congress
added
“(1) Notification—The Commandant shall notify the Committee on Commerce, Science, and Transportation or the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Indian Affairs of the Senate when the eligible entity is a Tribe, Tribal Organization or Native Hawaiian organization, and the Committee on Transportation and Infrastructure of the House of Representatives in writing not later than the date that is 3 full business days prior to any day on which the Commandant intends to enter into an agreement under subsection (b)(1), and include in such notification the anticipated costs of carrying out the agreement, to the extent practicable.
added
“(2) Availability of agreements—A copy of an agreement entered into under subsection (b)(1) shall be provided to any member of the Committee on Commerce, Science, and Transportation or the Committee on Homeland Security and Governmental Affairs of the Senate or the Committee on Transportation and Infrastructure of the House of Representatives not later than 5 full business days after the date on which such request is submitted to the Commandant.
added
“(h) Consultation—Not later than 180 days after the date of enactment of the Coast Guard Authorization Act of 2025, the Commandant shall consult with Indian Tribes to improve opportunities for Indian Tribe participation in the development and execution of Coast Guard oil spill response and prevention activities.
added
“(i) Rule of construction—Nothing in this section may be construed to undermine the rights of any Indian Tribe to seek full and meaningful government-to-government consultation under this section or under any other law.”
(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 721 the following:
Sec. 5151
Direct hire authority for certain personnel
added
(a)
added
In general— Subchapter I of chapter 25 of title 14, United States Code, is amended by adding at the end the following:
added
“2517. Direct hire authority for certain personnel
added
“(a) In general—The Commandant may appoint, without regard to the provisions of subchapter I of chapter 33 (other than sections 3303 and 3328 of such chapter) of title 5, qualified candidates to any of the following positions in the competitive service (as defined in section 2102 of title 5) in the Coast Guard:
added
“(1) Any category of medical or health professional positions within the Coast Guard.
added
“(2) Any childcare services position.
added
“(3) Any position in the Coast Guard housing office of a Coast Guard installation, the primary function of which is supervision of Coast Guard housing covered by subchapter III of chapter 29 of this title.
added
“(4) Any nonclinical specialist position the purpose of which is the integrated primary prevention of harmful behavior, including suicide, sexual assault, harassment, domestic abuse, and child abuse.
added
“(5) Any special agent position of the Coast Guard Investigative Service.
added
“(6) The following positions at the Coast Guard Academy:
added
“(A) Any civilian faculty member appointed under section 1941.
added
“(B) A position involving the improvement of cadet health or well-being.
added
“(b) Limitation—The Commandant shall only appoint qualified candidates under the authority provided by subsection (a) if the Commandant determines that there is a shortage of qualified candidates for the positions described in such subsection or a critical hiring need for such positions.
added
“(c) Briefing requirement—Not later than 1 year after the date of enactment of the Coast Guard Authorization Act of 2025, and annually thereafter for the following 5 years, the Commandant shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written briefing which describes the use of the authority provided under this section on an annual basis, including the following:
added
“(1) The number of employees hired under the authority provided under this section within the year for which the briefing is provided.
added
“(2) The positions and grades for which employees were hired.
added
“(3) A justification for the Commandant’s determination that such positions involved a shortage of qualified candidates or a critical hiring need.
added
“(4) The number of employees who were hired under the authority provided under this section who have separated from the Coast Guard.
added
“(5) Steps the Coast Guard has taken to engage with the Office of Personnel Management under subpart B of part 337 of title 5, Code of Federal Regulations, for positions for which the Commandant determines a direct hire authority remains necessary.
added
“(d) Sunset—The authority provided under subsection (a) shall expire on September 30, 2030.”
(b)
added
Clerical amendment— The analysis for chapter 25 of title 14, United States Code, is amended by inserting after the item relating to 2516 the following:
Sec. 5152
Temporary exemption from authorized end strength for enlisted members on active duty in Coast Guard in pay grades E–8 and E–9
added
added
Section 517(a) of title 10, United States Code, shall not apply with respect to the Coast Guard until October 1, 2027.
Sec. 5153
Additional available guidance and considerations for reserve selection boards
added
added
Section 3740(f) of title 14, United States Code, is amended by striking “section 2117” and inserting “sections 2115 and 2117”.
Sec. 5154
Family leave policies for the Coast Guard
added
(a)
added
In general— Section 2512 of title 14, United States Code, is amended—
(1)
added
in the section heading by striking “Leave” and inserting “Family leave”;
(2)
added
in subsection (a)—
(A)
added
by striking “, United States Code,” and inserting “or, with respect to the reserve component of the Coast Guard, the Secretary of Defense promulgates a new regulation for members of the reserve component of the Coast Guard pursuant to section 711 of title 10,”;
(B)
added
by striking “or adoption of a child” and inserting “or placement of a minor child with the member for adoption or long term foster care”;
(C)
added
by striking “and enlisted members” and inserting “, enlisted members, and members of the reserve component”; and
(D)
added
by inserting “or, with respect to members of the reserve component of the Coast Guard, the Secretary of Defense” after “provided by the Secretary of the Navy”;
(3)
added
in subsection (b)—
(A)
added
in the subsection heading by striking “adoption of child” and inserting “placement of minor child with member for adoption or long term foster care”;
(B)
added
by striking “and 704” and inserting “, 704, and 711”;
(C)
added
by striking “and enlisted members” and inserting “, enlisted members, and members of the reserve component”;
(D)
added
by striking “or adoption” inserting “, adoption, or long term foster care”;
(E)
added
by striking “immediately”;
(F)
added
by striking “or adoption” and inserting “, placement of a minor child with the member for long-term foster care or adoption,”; and
(G)
added
by striking “enlisted member” and inserting “, enlisted member, or member of the reserve component”;
(4)
added
by adding at the end the following:
added
“(c) Period of leave
added
“(1) In general—The Secretary of the department in which the Coast Guard is operating, may authorize leave described under subparagraph (b) to be taken after the one-year period described in subparagraph (b) in the case of a member described in subsection (b) who, except for this subparagraph, would lose unused family leave at the end of the one-year period described in subparagraph (A) as a result of—
added
“(A) operational requirements;
added
“(B) professional military education obligations; or
added
“(C) other circumstances that the Secretary determines reasonable and appropriate.
added
“(2) Extended deadline—The regulation, rule, policy, or memorandum prescribed under paragraph (a) shall require that any leave authorized to be taken after the one-year period described in subparagraph (c)(1)(A) shall be taken within a reasonable period of time, as determined by the Secretary of the department in which the Coast Guard is operating, after cessation of the circumstances warranting the extended deadline.
added
“(d) Member of the reserve component of the Coast Guard defined—In this section, the term “member of the reserve component of the Coast Guard” means a member of the Coast Guard who is a member of—
added
“(1) the selected reserve who is entitled to compensation under section 206 of title 37; or
added
“(2) the individual ready reserve who is entitled to compensation under section 206 of title 37 when attending or participating in a sufficient number of periods of inactive-duty training during a year to count the year as a qualifying year of creditable service toward eligibility for retired pay.”
(b)
added
Clerical amendment— The analysis for chapter 25 of title 14, United States Code, is amended by striking the item relating to section 2512 and inserting the following:
(c)
added
Compensation— Section 206(a)(4) of title 37, United States Code, is amended by inserting before the period at the end “or family leave under section 2512 of title 14”.
Sec. 5155
Authorization for maternity uniform allowance for officers
added
added
Section 2708 of title 14, United States Code, is amended by adding at the end the following:
added
“(c) The Coast Guard may provide a cash allowance, in such amount as the Secretary shall determine by policy, to be paid to pregnant officer personnel for the purchase of maternity-related uniform items, if such uniform items are not so furnished to the member by the Coast Guard.”
(a)
added
In general— Subchapter III of chapter 29 of title 14, United States Code, is amended by adding at the end the following:
added
“2948. Authorization for acquisition of existing family housing in lieu of construction
added
“(a) In general—In lieu of constructing any family housing units authorized by law to be constructed, the Commandant may acquire sole interest in existing family housing units that are privately owned or that are held by the Department of Housing and Urban Development, except that in foreign countries the Commandant may acquire less than sole interest in existing family housing units.
added
“(b) Acquisition of interests in land—When authority provided by law to construct Coast Guard family housing units is used to acquire existing family housing units under subsection (a), the authority includes authority to acquire interests in land.
added
“(c) Limitation on net floor area—The net floor area of a family housing unit acquired under the authority of this section may not exceed the applicable limitation specified in section 2826 of title 10. The Commandant may waive the limitation set forth in the preceding sentence for family housing units acquired under this section during the five-year period beginning on the date of the enactment of this section.
added
“2949. Acceptance of funds to cover administrative expenses relating to certain real property transactions
added
“(a) Authority to accept—In connection with a real property transaction referred to in subsection (b) with a non-Federal person or entity, the Commandant may accept amounts provided by the person or entity to cover administrative expenses incurred by the Commandant in entering into the transaction.
added
“(b) Covered transactions—Subsection (a) applies to the following transactions involving real property under the control of the Commandant:
added
“(1) The exchange of real property.
added
“(2) The grant of an easement over, in, or upon real property of the United States.
added
“(3) The lease or license of real property of the United States.
added
“(4) The disposal of real property of the United States for which the Commandant will be the disposal agent.
added
“(5) The conveyance of real property under section 2945.”
(b)
added
Clerical amendment— The analysis for chapter 29 of title 14, United States Code, is amended by adding at the end the following:
(c)
added
Report on GAO recommendations on housing program— Not later than 1 year after the date of enactment of this Act, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the status of the implementation of the recommendations contained in the report of the Government Accountability Office titled “Coast Guard: Better Feedback Collection and Information Could Enhance Housing Program”, and issued February 5, 2024 (GAO–24–106388).
Sec. 5157
Uniform funding and management system for morale, well-being, and recreation programs and Coast Guard Exchange
added
(a)
added
In general— Subchapter IV of chapter 5 of title 14, United States Code, is amended by adding at the end the following:
added
“565. Uniform funding and management of morale, well-being, and recreation programs and Coast Guard Exchange
added
“(a) Authority for uniform funding and management—Under policies issued by the Commandant, funds appropriated to the Coast Guard and available for morale, well-being, and recreation programs and the Coast Guard Exchange may be treated as nonappropriated funds and expended in accordance with laws applicable to the expenditure of nonappropriated funds. When made available for morale, well-being, and recreation programs and the Coast Guard Exchange under such policies, appropriated funds shall be considered to be nonappropriated funds for all purposes and shall remain available until expended.
added
“(b) Conditions on availability—Funds appropriated to the Coast Guard and subject to a policy described in subsection (a) shall only be available in amounts that are determined by the Commandant to be consistent with—
added
“(1) Coast Guard policy; and
added
“(2) Coast Guard readiness and resources.
added
“(c) Updated policy—Not later than 90 days after the date of enactment of the Coast Guard Authorization Act of 2025, the Commandant shall update the policies described in subsection (a) consistent with this section.
added
“(d) Briefing—Not later than 30 days after the date on which the Commandant issues the updated policies required under subsection (c), the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on such policies.”
(b)
added
Clerical amendment— The analysis for chapter 5 of title 14, United States Code, is amended by inserting after the item relating to section 564 the following:
Sec. 5158
Coast Guard embedded behavioral health technician program
added
(1)
added
In general— Not later than 270 days after the date of enactment of this Act, the Commandant, in coordination with the Assistant Commandant for Health, Safety, and Work Life, shall establish and conduct a pilot program, to be known as the “Coast Guard Embedded Behavioral Health Technician Program” (referred to in this section as the “Pilot Program”), to integrate behavioral health technicians serving at Coast Guard units for the purposes of—
(A)
added
facilitating, at the clinic level, the provision of integrated behavioral health care for members of the Coast Guard;
(B)
added
providing, as a force extender under the supervision of a licensed behavioral health care provider, at the clinic level—
(i)
added
psychological assessment and diagnostic services, as appropriate;
(ii)
added
behavioral health services, as appropriate;
(iii)
added
education and training related to promoting positive behavioral health and well-being; and
(iv)
added
information and resources, including expedited referrals, to assist members of the Coast Guard in dealing with behavioral health concerns;
(C)
added
improving resilience and mental health care among members of the Coast Guard who respond to extraordinary calls of duty, with the ultimate goals of preventing crises and addressing mental health concerns before such concerns evolve into more complex issues that require care at a military treatment facility;
(i)
added
the number of such members served by behavioral health technicians; and
(ii)
added
the proportion of such members returning to duty after seeking behavioral health care; and
(E)
added
positively impacting the Coast Guard in a cost-effective manner by extending behavioral health services to the workforce and improving access to care.
(2)
added
Briefing— Not later than 120 days after the date of enactment of this Act, the Commandant shall provide the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives with a briefing regarding a plan to establish and conduct the Pilot Program.
(b)
added
Selection of Coast Guard clinics— The Commandant shall select, for participation in the Pilot Program, 3 or more Coast Guard clinics that support units that have significantly high operational tempos or other force resiliency risks, as determined by the Commandant.
(c)
added
Placement of staff at Coast Guard clinics—
(1)
added
In general— Under the Pilot Program, a Coast Guard health services technician with a grade of E–5 or higher, or an assigned civilian behavioral health specialist, shall be—
(A)
added
assigned to each selected Coast Guard clinic; and
(B)
added
located at a unit with high operational tempo.
(A)
added
Health services technicians— Before commencing an assignment at a Coast Guard clinic under paragraph (1), a Coast Guard health services technician shall complete behavioral health technician training and independent duty health services training.
(B)
added
Civilian behavioral health specialists— To qualify for an assignment at a Coast Guard clinic under paragraph (1), a civilian behavioral health specialist shall have at least the equivalent behavioral health training as the training required for a Coast Guard behavioral health technician under subparagraph (A).
(d)
added
Administration— The Commandant, in coordination with the Assistant Commandant for Health, Safety, and Work Life, shall administer the Pilot Program through the Health, Safety, and Work-Life Service Center.
(e)
added
Data collection—
(1)
added
In general— The Commandant shall collect and analyze data concerning the Pilot Program for purposes of—
(A)
added
developing and sharing best practices for improving access to behavioral health care; and
(B)
added
providing information to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives regarding the implementation of the Pilot Program and related policy issues.
(2)
added
Plan— Not later than 270 days after the date of enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a plan for carrying out paragraph (1).
(f)
added
Annual report— Not later than September 1 of each year until the date on which the Pilot Program terminates under subsection (g), 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 Pilot Program that includes the following:
(1)
added
An overview of the implementation of the Pilot Program at each applicable Coast Guard clinic, including—
(A)
added
the number of members of the Coast Guard who received services on site by a behavioral health technician assigned to such clinic;
(B)
added
feedback from all members of the Coast Guard empaneled for their medical care under the Pilot Program;
(C)
added
an assessment of the deployability and overall readiness of members of the applicable operational unit; and
(D)
added
an estimate of potential costs and impacts on other Coast Guard health care services of supporting the Pilot Program at such units and clinics.
(2)
added
The data and analysis required under subsection (e)(1).
(3)
added
A list and detailed description of lessons learned from the Pilot Program as of the date of on which the report is submitted.
(4)
added
The feasibility, estimated cost, and impacts on other Coast Guard health care services of expanding the Pilot Program to all Coast Guard clinics, and a description of the personnel, fiscal, and administrative resources that would be needed for such an expansion.
(g)
added
Termination— The Pilot Program shall terminate on September 30, 2028.
Sec. 5159
Expansion of access to counseling
added
(a)
added
In general— Not later than 180 days after the date of enactment of this Act, the Commandant shall hire, train, and deploy not fewer than 5 additional behavioral health specialists, in addition to the personnel required under section 11412(a) of the Don Young Coast Guard Authorization Act of 2022 (14 U.S.C. 504 note).
(b)
added
Requirement— The Commandant shall ensure that not fewer than 35 percent of behavioral health specialists required to be deployed under subsection (a) have experience in—
(1)
added
behavioral health care related to military sexual trauma; and
(2)
added
behavioral health care for the purpose of supporting members of the Coast Guard with needs for mental health care and counseling services for post-traumatic stress disorder and co-occurring disorders related to military sexual trauma.
(c)
added
Accessibility— The support provided by the behavioral health specialists hired pursuant to subsection (a)—
(1)
added
may include care delivered via telemedicine; and
(2)
added
shall be made widely available to members of the Coast Guard.
(1)
added
In general— Not later than 180 days after the date of enactment of this Act, the Commandant shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives if the Coast Guard has not completed hiring, training, and deploying—
(A)
added
the personnel referred to in subsections (a) and (b); and
(B)
added
the personnel required under section 11412(a) of the Don Young Coast Guard Authorization Act of 2022 (14 U.S.C. 504 note).
(2)
added
Contents— The notification required under paragraph (1) shall include—
(A)
added
the date of publication of the hiring opportunity for all such personnel;
(B)
added
the General Schedule grade level advertised in the publication of the hiring opportunity for all such personnel;
(C)
added
the number of personnel to whom the Coast Guard extended an offer of employment in accordance with the requirements of this section and section 11412(a) of the Don Young Coast Guard Authorization Act of 2022 (14 U.S.C. 504 note), and the number of such personnel who accepted or declined such offer of employment;
(D)
added
a summary of the efforts by the Coast Guard to publicize, advertise, or otherwise recruit qualified candidates in accordance with the requirements of this section and section 11412(a) of such Act; and
(E)
added
any recommendations and a detailed plan to ensure full compliance with the requirements of this section and section 11412(a) of such Act, which may include special payments discussed in the report of the Government Accountability Office titled “Federal Pay: Opportunities Exist to Enhance Strategic Use of Special Payments”, published on December 7, 2017 (GAO–18–91), which may be made available to help ensure full compliance with all such requirements in a timely manner.
Sec. 5160
Command sponsorship for dependents of members of Coast Guard assigned to Unalaska, Alaska
added
added
On request by a member of the Coast Guard assigned to Unalaska, Alaska, the Commandant shall grant command sponsorship to the dependents of such member.
Sec. 5161
Travel allowance for members of Coast Guard assigned to Alaska
added
(a)
added
Establishment— The Commandant shall implement a policy that provides for reimbursement to eligible members of the Coast Guard for the cost of airfare for such members to travel to the homes of record of such member during the period specified in subsection (e).
(b)
added
Eligible members— A member of the Coast Guard is eligible for a reimbursement under subsection (a) if—
(1)
added
the member is assigned to a duty location in Alaska; and
(2)
added
an officer in a grade above O–5 in the chain of command of the member authorizes the travel of the member.
(c)
added
Treatment of time as leave— The time during which an eligible member is absent from duty for travel reimbursable under subsection (a) shall be treated as leave for purposes of section 704 of title 10, United States Code.
(d)
added
Briefing required— Not later than February 1, 2027, the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on—
(1)
added
the use and effectiveness of reimbursements under subsection (a);
(2)
added
the calculation and use of the cost of living allowance for a member assigned to a duty location in Alaska; and
(3)
added
the use of special pays and other allowances as incentives for cold weather proficiency or duty locations.
(e)
added
Period specified— The period specified in this subsection is the period—
(1)
added
beginning on the date of enactment of this Act; and
(2)
added
ending on the later of—
(A)
added
December 31, 2026; or
(B)
added
the date on which the authority under section 352 of title 37, United States Code, to grant assignment or special duty pay to members of the uniform services terminates under subsection (g) of such section.
Sec. 5162
Consolidation of authorities for college student precommissioning initiative
added
(a)
added
In general— Section 3710 of title 14, United States Code, is amended to read as follows:
added
“3710. College student precommissioning initiative
added
“(a) In general—There is authorized within the Coast Guard a college student precommissioning initiative program (in this section referred to as the “Program”) for eligible undergraduate students to enlist in the Coast Guard Reserve and receive a commission as a Reserve officer.
added
“(b) Criteria for selection—To be eligible for the Program an applicant shall meet the following requirements upon submitting an application:
added
“(1) Age—The applicant shall be not less than 19 years old and not more than 31 years old as of September 30 of the fiscal year in which the Program selection panel selecting such applicant convenes, or an age otherwise determined by the Commandant.
added
“(2) Character
added
“(A) In general—The applicant shall be of outstanding moral character and meet any other character requirement set forth by the Commandant.
added
“(B) Coast Guard applicants—Any applicant serving in the Coast Guard may not be commissioned if in the 36 months prior to the first Officer Candidate School class convening date in the selection cycle, such applicant was convicted by a court-martial or assigned nonjudicial punishment, or did not meet performance or character requirements set forth by the Commandant.
added
“(3) Citizenship—The applicant shall be a United States citizen.
added
“(4) Clearance—The applicant shall be eligible for a secret clearance.
added
“(5) Education—The applicant shall be enrolled in a college degree program at—
added
“(A) an institution of higher education described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a));
added
“(B) an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that, at the time of the application has had for 3 consecutive years an enrollment of undergraduate full-time equivalent students (as defined in section 312(e) of such Act (20 U.S.C. 1058(e))) that is a total of at least 50 percent Black American, Hispanic American, Asian American (as defined in section 371(c) of such Act (20 U.S.C. 1067q(c))), Native American Pacific Islander (as defined in such section), or Native American (as defined in such section), among other criteria, as determined by the Commandant; or
added
“(C) an institution that meets the eligibility requirements for funding as a rural-serving institution of higher education under section 861 of the Higher Education Act of 1965 (20 U.S.C. 1161q).
added
“(6) Location—The institution at which the applicant is an undergraduate shall be within 100 miles of a Coast Guard unit or Coast Guard Recruiting Office unless otherwise approved by the Commandant.
added
“(7) Records—The applicant shall meet credit and grade point average requirements set forth by the Commandant.
added
“(8) Medical and administrative—The applicant shall meet other medical and administrative requirements as set forth by the Commandant.
added
“(c) Financial assistance
added
“(1) In general—The Commandant may provide financial assistance to enlisted members of the Coast Guard Reserve on active duty participating in the Program, for expenses of the enlisted member while the enlisted member is enrolled, on a full-time basis, in a college degree program approved by the Commandant at a college, university, or institution of higher education described in subsection (b)(5) that leads to—
added
“(A) a baccalaureate degree in not more than 5 academic years; or
added
“(B) a post-baccalaureate degree.
added
“(2) Written agreements—To be eligible for financial assistance under this section, an enlisted member of the Coast Guard Reserve shall enter into a written agreement with the Coast Guard that notifies the Reserve enlisted member of the obligations of that member under this section, and in which the member agrees to the following:
added
“(A) The member shall complete an approved college degree program at a college, university, or institution of higher education described in subsection (b)(5).
added
“(B) The member shall satisfactorily complete all required Coast Guard training and participate in monthly military activities of the Program as required by the Commandant.
added
“(C) Upon graduation from the college, university, or institution of higher education described in subsection (b)(5), the member shall—
added
“(i) accept an appointment, if tendered, as a commissioned officer in the Coast Guard Reserve; and
added
“(ii) serve a period of obligated active duty for a minimum of 3 years immediately after such appointment as follows:
added
“(I) Members participating in the Program shall be obligated to serve on active duty 3 months for each month of instruction for which they receive financial assistance pursuant to this section for the first 12 months and 1 month for each month thereafter, or 3 years, whichever is greater.
added
“(II) The period of obligated active duty service incurred while participating in the Program shall be in addition to any other obligated service a member may incur due to receiving other bonuses or other benefits as part of any other Coast Guard program.
added
“(III) If an appointment described in clause (i) is not tendered, the member will remain in the Reserve component until completion of the member’s enlisted service obligation.
added
“(D) The member shall agree to perform such duties or complete such terms under the conditions of service specified by the Coast Guard.
added
“(3) Expenses—Expenses for which financial assistance may be provided under this section are the following:
added
“(A) Tuition and fees charged by the college, university, or institution of higher education at which a member is enrolled on a full-time basis.
added
“(B) The cost of books.
added
“(C) In the case of a program of education leading to a baccalaureate degree, laboratory expenses.
added
“(D) Such other expenses as the Commandant considers appropriate, which may not exceed $25,000 for any academic year.
added
“(4) Time limit—Financial assistance may be provided to a member under this section for up to 5 consecutive academic years.
added
“(5) Breach of agreement
added
“(A) In general—The Secretary may retain in the Coast Guard Reserve, and may order to active duty for such period of time as the Secretary prescribes (but not to exceed 4 years), a member who breaches an agreement under paragraph (2). The period of time for which a member is ordered to active duty under this paragraph may be determined without regard to section 651(a) of title 10.
added
“(B) Appropriate enlisted grade or rating—A member who is retained in the Coast Guard Reserve under subparagraph (A) shall be retained in an appropriate enlisted grade or rating, as determined by the Commandant.
added
“(6) Repayment—A member who does not fulfill the terms of the obligation to serve as specified under paragraph (2), or the alternative obligation imposed under paragraph (5), shall be subject to the repayment provisions of section 303a(e) of title 37.
added
“(d) Briefing
added
“(1) In general—Not later than August 15 of each year following the date of the enactment of the Coast Guard Authorization Act of 2025, the Commandant shall provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the Program.
added
“(2) Contents—The briefing required under paragraph (1) shall describe—
added
“(A) outreach and recruitment efforts over the previous year; and
added
“(B) demographic information of enrollees, including—
added
“(i) race;
added
“(ii) ethnicity;
added
“(iii) gender;
added
“(iv) geographic origin; and
added
“(v) educational institution.”
(b)
added
Repeal— Section 2131 of title 14, United States Code, is repealed.
(c)
added
Clerical amendments—
(1)
added
The analysis for chapter 21 of title 14, United States Code, is amended by striking the item relating to section 2131.
(2)
added
The analysis for chapter 37 of title 14, United States Code, is amended by striking the item relating to section 3710 and inserting the following:
Sec. 5163
Tuition Assistance and Advanced Education Assistance Pilot Program
added
(a)
added
Establishment— Not later than 120 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating, acting through the Commandant, shall establish a tuition assistance pilot program for active-duty members of the Coast Guard, to be known as the “Tuition Assistance and Advanced Education Assistance Pilot Program for Sea Duty” (referred to in this section as the “pilot program”).
(b)
added
Formal agreement— A member of the Coast Guard participating in the pilot program shall enter into a formal agreement with the Secretary of the department in which the Coast Guard is operating that provides that, upon the successful completion of a sea duty tour by such member, the Secretary of the department in which the Coast Guard is operating shall, for a period equal to the length of the sea duty tour, beginning on the date on which the sea duty tour concludes—
(1)
added
reduce by 1 year the service obligation incurred by such member as a result of participation in the advanced education assistance program under section 2005 of title 10, United States Code, or the tuition assistance program under section 2007 of such title; and
(2)
added
increase the tuition assistance cost cap for such member to not more than double the amount of the standard tuition assistance cost cap set by the Commandant for the applicable fiscal year.
(c)
added
Report— Not later than 1 year after the date on which the pilot program is established, and annually thereafter through the date on which the pilot program is terminated under subsection (d), the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that—
(1)
added
evaluates and compares—
(A)
added
the Coast Guard’s retention, recruitment, and filling of sea duty billets for all members of the Coast Guard; and
(B)
added
the Coast Guard’s retention, recruitment, and filling of sea duty billets for all members of the Coast Guard participating in the pilot program;
(2)
added
includes the number of participants in the pilot program as of the date of the report, disaggregated by officer and enlisted billet type; and
(3)
added
assesses the progress made by such participants in their respective voluntary education programs, in accordance with their degree plans, during the period described in subsection (b).
(d)
added
Termination— The pilot program shall terminate on the date that is 6 years after the date on which the pilot program is established.
Sec. 5164
Modifications to career flexibility program
added
added
Section 2514 of title 14, United States Code, is amended—
(1)
added
in subsection (c)(3) by striking “2 months” and inserting “30 days”; and
(2)
added
in subsection (h)—
(A)
added
in paragraph (1) by striking “and” at the end;
(B)
added
in paragraph (2) by striking the period and inserting a semicolon; and
(C)
added
by adding at the end the following:
added
“(3) the entitlement of the member and of the survivors of the member to all death benefits under subchapter II of chapter 75 of title 10;
added
“(4) the provision of all travel and transportation allowances to family members of a deceased member to attend the repatriation, burial, or memorial ceremony of a deceased member as provided in section 453(f) of title 37;
added
“(5) the eligibility of the member for general benefits as provided in part II of title 38; and
added
“(6) in the case of a victim of an alleged sex-related offense (as such term is defined in section 1044e(h) of title 10) to the maximum extent practicable, maintaining access to—
added
“(A) Coast Guard behavioral health resources;
added
“(B) sexual assault prevention and response resources and programs of the Coast Guard; and
added
“(C) Coast Guard legal resources, including, to the extent practicable, special victims’ counsel.”
Sec. 5165
Recruitment, relocation, and retention incentive program for civilian firefighters employed by Coast Guard in remote locations
added
(a)
added
Identification of remote locations— The Commandant shall identify locations to be considered remote locations for purposes of this section, which shall include, at a minimum, each Coast Guard fire station located in an area in which members of the Coast Guard and the dependents of such members are eligible for the TRICARE Prime Remote program.
(b)
added
Incentive program—
(1)
added
In general— To ensure uninterrupted operations by civilian firefighters employed by the Coast Guard in remote locations, the Commandant shall establish an incentive program for such firefighters consisting of—
(A)
added
recruitment and relocation bonuses consistent with section 5753 of title 5, United States Code; and
(B)
added
retention bonuses consistent with section 5754 of title 5, United States Code.
(2)
added
Eligibility criteria— The Commandant, in coordination with the Director of the Office of Personnel and Management, shall establish eligibility criteria for the incentive program established under paragraph (1), which shall include a requirement that a firefighter described in paragraph (1) may only be eligible for the incentive program under this section if, with respect to the applicable remote location, the Commandant has made a determination that incentives are appropriate to address an identified recruitment, retention, or relocation need.
(c)
added
Annual report— Not less frequently than annually for the 5-year period beginning on the date of enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that—
(1)
added
details the use and effectiveness of the incentive program established under this section; and
(A)
added
the number of participants in the incentive program;
(B)
added
a description of the distribution of incentives under such program; and
(C)
added
a description of the impact of such program on civilian firefighter recruitment and retention by the Coast Guard in remote locations.
Sec. 5166
Reinstatement of training course on workings of Congress; Coast Guard Museum
added
(a)
added
In general— Chapter 3 of title 14, United States Code, is amended by—
(1)
added
transferring section 316 to appear after section 323 and redesignating such section as section 324; and
(2)
added
inserting after section 315 the following:
added
“316. Training course on workings of Congress
added
“(a) In general—The Commandant, and such other individuals and organizations as the Commandant considers appropriate, shall develop a training course on the workings of Congress and offer such training course at least once each year.
added
“(b) Course subject matter—The training course required by this section shall provide an overview and introduction to Congress and the Federal legislative process, including—
added
“(1) the history and structure of Congress and the committee systems of the House of Representatives and the Senate, including the functions and responsibilities of the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate;
added
“(2) the documents produced by Congress, including bills, resolutions, committee reports, and conference reports, and the purposes and functions of such documents;
added
“(3) the legislative processes and rules of the House of Representatives and the Senate, including similarities and differences between the 2 processes and 2 sets of rules, including—
added
“(A) the congressional budget process;
added
“(B) the congressional authorization and appropriation processes;
added
“(C) the Senate advice and consent process for Presidential nominees; and
added
“(D) the Senate advice and consent process for treaty ratification;
added
“(4) the roles of Members of Congress and congressional staff in the legislative process; and
added
“(5) the concept and underlying purposes of congressional oversight within the governance framework of separation of powers.
added
“(c) Lecturers and panelists
added
“(1) Outside experts—The Commandant shall ensure that not less than 60 percent of the lecturers, panelists, and other individuals providing education and instruction as part of the training course required under this section are experts on Congress and the Federal legislative process who are not employed by the executive branch of the Federal Government.
added
“(2) Authority to accept pro bono services—In satisfying the requirement under paragraph (1), the Commandant shall seek, and may accept, educational and instructional services of lecturers, panelists, and other individuals and organizations provided to the Coast Guard on a pro bono basis.
added
“(d) Effect of law
added
“(1) In general—The training required by this section shall replace the substantially similar training that was required by the Commandant on the day before the date of the enactment of this section.
added
“(2) Previous training recipients—A Coast Guard flag officer or a Coast Guard Senior Executive Service employee who, not more than 3 years before the date of the enactment of this section, completed the training that was required by the Commandant on the day before such date of enactment, shall not be required to complete the training required by this section.”
(b)
added
Clerical amendment— The analysis for chapter 3 of title 14, United States Code, is amended—
(1)
added
by striking the item relating to section 316 and inserting after the item relating to section 323 the following:
(2)
added
by inserting after the item relating to section 315 the following:
(c)
added
Services and use of funds for, and leasing of, the National Coast Guard Museum— Section 324 of title 14, United States Code, as transferred and redesignated by subsection (a), is amended—
(1)
added
in subsection (b)—
(A)
added
in paragraph (1) by striking “The Secretary” and inserting “Except as provided in paragraph (2), the Secretary”; and
(B)
added
in paragraph (2) by striking “on the engineering and design of a Museum.” and inserting “on—”
added
“(A) the design of the Museum; and
added
“(B) engineering, construction administration, and quality assurance services for the Museum.”
(2)
added
in subsection (e), by amending paragraph (2)(A) to read as follows:
added
“(2)
added
“(A) for the purpose of conducting Coast Guard operations, lease from the Association—
added
“(i) the Museum; and
added
“(ii) any property owned by the Association that is adjacent to the railroad tracks that are adjacent to the property on which the Museum is located; and”
(3)
added
by amending subsection (g) to read as follows:
added
“(g) Services—With respect to the services related to the construction, maintenance, and operation of the Museum, the Commandant may, from nonprofits entities including the Association,—
added
“(1) solicit and accept services; and
added
“(2) enter into contracts or memoranda of agreement to acquire such services.”
Sec. 5167
Modification of designation of Vice Admirals
added
(a)
added
In general— Section 305(a)(1) of title 14, United States Code, is amended—
(1)
added
in the matter preceding subparagraph (A) by striking “may” and inserting “shall”; and
(2)
added
in subparagraph (A)(ii) by striking “be the Chief of Staff of the Coast Guard” and inserting “oversee personnel management, workforce and dependent support, training, and related matters”.
(b)
added
Reorganization— Chapter 3 of title 14, United States Code, is further amended by redesignating sections 312 through 324 as sections 314 through 326, respectively.
(c)
added
Clerical amendment— The analysis for chapter 3 of title 14, United States Code, is further amended by redesignating the items relating to sections 312 through 324 as relating to sections 314 through 326, respectively.
Sec. 5168
Commandant Advisory Judge Advocate
added
(a)
added
In general— Chapter 3 of title 14, United States Code, is further amended by inserting after section 311 the following:
added
“312. Commandant Advisory Judge Advocate
added
“There shall be in the Coast Guard a Commandant Advisory Judge Advocate who is a judge advocate in a grade of O–6. The Commandant Advisory Judge Advocate shall be assigned to the staff of the Commandant in the first regularly scheduled O–6 officer assignment panel to convene following the date of the enactment of the Coast Guard Authorization Act of 2025 and perform such duties relating to legal matters arising in the Coast Guard as such legal matters relate to the Commandant, as may be assigned.”
(b)
added
Clerical amendment— The analysis for chapter 3 of title 14, United States Code, is further amended by inserting after the item relating to section 311 the following item:
Sec. 5169
Special Advisor to Commandant for Tribal and Native Hawaiian affairs
added
(a)
added
In general— Chapter 3 of title 14, United States Code, is amended by inserting after section 312 the following:
added
“313. Special Advisor to Commandant for Tribal and Native Hawaiian Affairs
added
“(a) In general—In accordance with Federal trust responsibilities and treaty obligations, laws, and policies relevant to Indian Tribes and in support of the principles of self-determination, self-governance, and co-management with respect to Indian Tribes, and to support engagement with Native Hawaiians, there shall be in the Coast Guard a Special Advisor to the Commandant for Tribal and Native Hawaiian Affairs (in this section referred to as the “Special Advisor”), who shall—
added
“(1) be selected by the Secretary and the Commandant through a competitive search process;
added
“(2) have expertise in Federal Indian law and policy, including government-to-government consultation;
added
“(3) to the maximum extent practicable, have expertise in legal and policy issues affecting Native Hawaiians; and
added
“(4) have an established record of distinguished service and achievement working with Indian Tribes, Tribal organizations, and Native Hawaiian organizations.
added
“(b) Career reserved position—The position of Special Advisor shall be a career reserved position at the GS–15 level or greater.
added
“(c) Duties—The Special Advisor shall—
added
“(1) ensure the Federal government upholds the Federal trust responsibility and conducts consistent, meaningful, and timely government-to-government consultation and engagement with Indian Tribes, which shall meet or exceed the standards of the Federal Government and the Coast Guard;
added
“(2) ensure meaningful and timely engagement with—
added
“(A) Native Hawaiian organizations; and
added
“(B) Tribal organizations;
added
“(3) advise the Commandant on all policies of the Coast Guard that have Tribal implications in accordance with applicable law and policy, including Executive Orders;
added
“(4) work to ensure that the policies of the Federal Government regarding consultation and engagement with Indian Tribes and engagement with Native Hawaiian organizations and Tribal organizations are implemented in a meaningful manner, working through Coast Guard leadership and across the Coast Guard, together with—
added
“(A) liaisons located within Coast Guard districts;
added
“(B) the Director of Coast Guard Governmental and Public Affairs; and
added
“(C) other Coast Guard leadership and programs and other Federal partners; and
added
“(5) support Indian Tribes, Native Hawaiian organizations, and Tribal organizations in all matters under the jurisdiction of the Coast Guard.
added
“(d) Direct access to Secretary and Commandant—No officer or employee of the Coast Guard or the Department of Homeland Security may interfere with the ability of the Special Advisor to give direct and independent advice to the Secretary and the Commandant on matters related to this section.
added
“(e) Definitions—In this section:
added
“(1) Indian tribe—The term “Indian Tribe” has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
added
“(2) Native Hawaiian organization—The term “Native Hawaiian organization” has the meaning given such term in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517) except the term includes the Department of Hawaiian Home Lands and the Office of Hawaiian Affairs.
added
“(3) Tribal organization—The term “Tribal organization” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).”
(b)
added
Clerical amendment— The analysis for chapter 3 of title 14, United States Code, is amended by inserting after the item relating to section 312 the following:
(1)
added
Initial briefing— Not later than 120 days after the date of enactment of this Act, the Commandant shall brief the Committee on Commerce, Science, and Transportation and the Committee on Indian Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the manner in which the Special Advisor for Tribal and Native Hawaiian Affairs will be incorporated into the governance structure of the Coast Guard, including a timeline for the incorporation that is completed not later than 1 year after date of enactment of this Act.
(2)
added
Annual briefings on special advisor to the Commandant tor Tribal and Native Hawaiian affairs— Not later than 1 year after the date of the establishment of the position of the Special Advisor to the Commandant for Tribal and Native Hawaiian Affairs under section 313 of title 14, United States Code, and annually thereafter for 2 years, the Commandant shall provide the Committee on Commerce, Science, and Technology and the Committee on Indian Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives with a briefing on the duties, responsibilities, and actions of the Special Advisor to the Commandant for Tribal and Native Hawaiian Affairs, including management of best practices.
(3)
added
Briefing on collaboration with tribes on research consistent with Coast Guard mission requirements—
(A)
added
In general— Not later than 1 year after the date of enactment of this Act, the Commandant shall provide the Committee on Commerce, Science, and Technology and the Committee on Indian Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives with a briefing on potential collaborations on and research and use of indigenous place-based knowledge and research.
(B)
added
Element— In providing the briefing under subparagraph (A), the Commandant shall identify current and potential future opportunities to improve coordination with Indian Tribes, Native Hawaiian organizations, and Tribal organizations to support—
(i)
added
Coast Guard mission needs, such as the potential for research or knowledge to enhance maritime domain awareness, including opportunities through the ADAC–ARCTIC Center of Excellence of the Department of Homeland Security; and
(ii)
added
Coast Guard efforts to protect indigenous place-based knowledge and research.
(4)
added
Definitions— In this subsection:
(A)
added
Indian tribe— The term “Indian Tribe” has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(B)
added
Native Hawaiian organization— The term “Native Hawaiian organization” has the meaning given such term in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517) except the term includes the Department of Hawaiian Home Lands and the Office of Hawaiian Affairs.
(C)
added
Tribal organization— The term “Tribal organization” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(d)
added
Rule of construction— Nothing in this section, or an amendment made by this section, shall be construed to impact—
(1)
added
the right of any Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)); or
(2)
added
any government-to-government consultation.
(e)
added
Conforming amendments—
(1)
added
Section 11237 of the Don Young Coast Guard Authorization Act of 2022 (Public Law 117–263) is amended—
(A)
added
in subsection (a), by striking “section 312 of title 14” and inserting “section 315 of title 14”; and
(B)
added
in subsection (b)(2)(A), by striking “section 312 of title 14” and inserting “section 315 of title 14”.
(2)
added
Section 807(a) of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) is amended by striking “section 313 of title 14” and inserting “section 316 of title 14”.
(3)
added
Section 3533(a) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31) is amended by striking “section 315 of title 14” and inserting “section 318 of title 14”.
(4)
added
Section 311(j)(9)(D) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(9)(D)) is amended by striking “section 323 of title 14” each place it appears and inserting “section 325 of title 14” each such place.
Sec. 5170
Notification
added
(a)
added
In general— The Commandant shall provide to the appropriate committees of Congress notification as described in subsection (b)—
(1)
added
not later than the date that is 10 days before the final day of each fiscal year; or
(2)
added
in the case of a continuing resolution that, for a period of more than 10 days, provides appropriated funds in lieu of an appropriations Act, not later than the date that is 10 days before the final day of the period that such continuing resolution covers.
(b)
added
Elements— Notification under subsection (a) shall include—
(1)
added
the status of funding for the Coast Guard during the subsequent fiscal year or at the end of the continuing resolution if other appropriations measures are not enacted, as applicable;
(2)
added
the status of the Coast Guard as a component of the Armed Forces;
(3)
added
the number of members currently serving overseas and otherwise supporting missions related to title 10, United States Code;
(4)
added
the fact that members of the Armed Forces have service requirements unlike those of other Federal employees, which require them to continue to serve even if unpaid;
(5)
added
the impacts of historical shutdowns of the Federal Government on members of the Coast Guard; and
(6)
added
other relevant matters, as determined by the Commandant.
(c)
added
Appropriate committees of Congress defined— In this section, the term “appropriate committees of Congress” means—
(1)
added
the Committee on Commerce, Science, and Transportation of the Senate;
(2)
added
the Committee on Armed Services of the Senate;
(3)
added
the Committee on Transportation and Infrastructure of the House of Representatives; and
(4)
added
the Committee on Armed Services of the House of Representatives.
Sec. 5171
Modification of Board of Visitors
added
added
Section 1903 of title 14, United States Code, is amended to read as follows:
added
“1903. Annual Board of Visitors
added
“(a) In general—The Commandant shall establish a Board of Visitors to the Coast Guard Academy to review and make recommendations on the operation of the Academy.
added
“(b) Membership
added
“(1) In general—The membership of the Board shall consist of the following:
added
“(A) The chairperson of the Committee on Commerce, Science, and Transportation of the Senate, or a member of such Committee designated by such chairperson.
added
“(B) The chairperson of the Committee on Transportation and Infrastructure of the House of Representatives, or a member of such Committee designated by such chairperson.
added
“(C) 3 Senators appointed by the Vice President.
added
“(D) 4 Members of the House of Representatives appointed by the Speaker of the House of Representatives.
added
“(E) 2 Senators appointed by the Vice President, each of whom shall be selected from among members of the Committee on Appropriations of the Senate.
added
“(F) 2 Members of the House of Representatives appointed by the Speaker of the House of Representatives, each of whom shall be selected from among members of the Committee on Appropriations of the House of Representatives.
added
“(G) 6 individuals designated by the President.
added
“(2) Timing of appointments of members
added
“(A) If any member of the Board described in paragraph (1)(C) is not appointed by the date that is 180 days after the date on which the first session of each Congress convenes, the chair and ranking member of the subcommittee of the Committee on Commerce, Science, and Transportation of the Senate with jurisdiction over the authorization of appropriations of the Coast Guard shall be members of the Board until the date on which the second session of such Congress adjourns sine die.
added
“(B) If any member of the Board described in paragraph (1)(D) is not appointed by the date that is 180 days after the date on which the first session of each Congress convenes, the chair and ranking member of the subcommittee of the Committee on Transportation and Infrastructure of the House of Representatives with jurisdiction over the authorization of appropriations for the Coast Guard shall be members of the Board until the date on which the second session of such Congress adjourns sine die.
added
“(C) If any member of the Board described in paragraph (1)(E) is not appointed by the date that is 180 days after the date on which the first session of each Congress convenes, the chair and ranking member of the subcommittee of the Committee on Appropriations of the Senate with jurisdiction over appropriations for the Coast Guard shall be members of the Board until the date on which the second session of such Congress adjourns sine die.
added
“(D) If any member of the Board described in paragraph (1)(F) is not appointed by the date that is 180 days after the date on which the first session of each Congress convenes, the chair and ranking member of the subcommittee of the Committee on Appropriations of the House of Representatives with jurisdiction over appropriations for the Coast Guard shall be members of the Board until the date on which the second session of such Congress adjourns sine die.
added
“(3) Chairperson
added
“(A) In general—On a biennial basis and subject to paragraph (4), the Board shall select from among the members of the Board a Member of Congress to serve as the Chair of the Board.
added
“(B) Rotation—A Member of the House of Representatives and a Member of the Senate shall alternately be selected as the Chair of the Board.
added
“(C) Term—An individual may not serve as Chairperson of the Board for consecutive terms.
added
“(4) Length of service
added
“(A) Members of congress—A Member of Congress designated as a member of the Board under paragraph (1) shall be designated as a member in the first session of the applicable Congress and shall serve for the duration of such Congress.
added
“(B) Individuals designated by the president—Each individual designated by the President under paragraph (1)(G) shall serve as a member of the Board for 3 years, except that any such member whose term of office has expired shall continue to serve until a successor is appointed by the President.
added
“(C) Death or resignation of a member—If a member of the Board dies or resigns, a successor shall be designated for any unexpired portion of the term of the member by the official who designated the member.
added
“(c) Duties
added
“(1) Academy visits
added
“(A) Annual visit—The Commandant shall invite each member of the Board, and any designee of a member of the Board, to visit the Coast Guard Academy at least once annually to review the operation of the Academy.
added
“(B) Additional visits—With the approval of the Secretary, the Board or any members of the Board in connection with the duties of the Board may—
added
“(i) make visits to the Academy in addition to the visits described in subparagraph (A); or
added
“(ii) consult with—
added
“(I) the Superintendent of the Academy; or
added
“(II) the faculty, staff, or cadets of the Academy.
added
“(C) Access—The Commandant shall ensure that the Board or any members of the Board who visits the Academy under this paragraph is provided reasonable access to the grounds, facilities, cadets, faculty, staff, and other personnel of the Academy for the purpose of carrying out the duties of the Board.
added
“(2) Oversight review—In conducting oversight of the Academy under this section, the Board shall review, with respect to the Academy—
added
“(A) the state of morale and discipline, including with respect to prevention of, response to, and recovery from sexual assault and sexual harassment;
added
“(B) recruitment and retention, including diversity, inclusion, and issues regarding women specifically;
added
“(C) the curriculum;
added
“(D) instruction;
added
“(E) physical equipment, including infrastructure, living quarters, and deferred maintenance;
added
“(F) fiscal affairs; and
added
“(G) any other matter relating to the Academy the Board considers appropriate.
added
“(d) Administrative matters
added
“(1) Meetings
added
“(A) In general—Not less frequently than annually, the Board shall meet at a location chosen by the Commandant, in consultation with the Board, to conduct the review required by subsection (c)(2).
added
“(B) Chairperson and charter—The Federal officer designated under subsection (f)(1)(B) shall organize a meeting of the Board for the purposes of—
added
“(i) selecting a Chairperson of the Board under subsection (b)(3);
added
“(ii) adopting an official charter for the Board, which shall establish the schedule of meetings of the Board; and
added
“(iii) any other matter such designated Federal officer or the Board considers appropriate.
added
“(C) Scheduling—In scheduling a meeting of the Board, such designated Federal officer shall coordinate, to the greatest extent practicable, with the members of the Board to determine the date and time of the meeting.
added
“(D) Notification—Not less than 30 days before each scheduled meeting of the Board, such designated Federal officer shall notify each member of the Board of the time, date, and location of the meeting.
added
“(2) Staff
added
“(A) Designation—The chairperson and the ranking member of the Committee on Commerce, Science, and Transportation of the Senate and the chairperson and the ranking member of the Committee on Transportation and Infrastructure of the House of Representatives may each designate 1 staff member of each such Committees.
added
“(B) Role—Staff designated under subparagraph (A)—
added
“(i) may attend and participate in visits and carry out consultations described under subsection (c)(1) and attend and participate in meetings described under paragraph (1); and
added
“(ii) may not otherwise carry out duties or take actions reserved to members of the Board under this section.
added
“(3) Advisors—If approved by the Secretary, the Board may consult with advisors in carrying out the duties of the Board under this section.
added
“(4) Reports
added
“(A) In general—Not later than 60 days after the date on which the Board conducts a meeting of the Board under paragraph (1), the Deputy Commandant for Mission Support, in consultation with the Board, shall submit a report on the actions of the Board during the meeting and the recommendations of the Board pertaining to the Academy to—
added
“(i) the Secretary;
added
“(ii) the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate; and
added
“(iii) the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives.
added
“(B) Publication—Each report submitted under this paragraph shall be published on a publicly accessible website of the Coast Guard.
added
“(e) Disclosure—The Commandant and the Superintendent of the Academy shall ensure candid and complete disclosure to the Board, consistent with applicable laws relating to disclosure of information, with respect to—
added
“(1) each issue described in subsection (c)(2); and
added
“(2) any other issue the Board or the Commandant considers appropriate.
added
“(f) Coast Guard support
added
“(1) In general—The Commandant shall—
added
“(A) provide support to the Board, as Board considers necessary for the performance of the duties of the Board;
added
“(B) designate a Federal officer to support the performance of the duties of the Board; and
added
“(C) in cooperation with the Superintendent of the Academy, advise the Board of any institutional issues, consistent with applicable laws concerning the disclosure of information.
added
“(2) Reimbursement—Each member of the Board and each advisor consulted by the Board under subsection (d)(3) shall be reimbursed, to the extent permitted by law, by the Coast Guard for actual expenses incurred while engaged in duties as a member or advisor.
added
“(g) Notification—Not later than 30 days after the date on which the first session of each Congress convenes, the Commandant shall provide to the chairperson and ranking member of the Committee on Commerce, Science, and Transportation of the Senate and the chairperson and ranking member of the Committee on Transportation and Infrastructure of the House of Representatives, and the President notification of the requirements of this section.”
Sec. 5172
Study on Coast Guard Academy oversight
added
(a)
added
In general— Not later than 30 days after the date of enactment of this Act, the Commandant, shall enter into an agreement with a federally funded research and development center with relevant expertise under which such center shall conduct an assessment of the oversight and governance of the Coast Guard Academy, including—
(A)
added
authorities regarding Coast Guard and Departmental oversight of the Coast Guard Academy, including considerations of how these may impact accreditation review at the academy;
(B)
added
roles and responsibilities of the Board of Trustees of such Academy;
(C)
added
Coast Guard roles and responsibilities with respect to management and facilitation of the Board of Trustees of such Academy;
(D)
added
advisory functions of the Board of Trustees of such Academy; and
(E)
added
membership of the Board of Trustees for the 10-year period preceding the date of the enactment of this Act, to include expertise, objectiveness, and effectiveness in conducting oversight of such Academy; and
(2)
added
an analysis of the involvement of the Board of Trustees during the Operation Fouled Anchor investigation, including to what extent the Board members were informed, involved, or made decisions regarding the governance of the academy based on that investigation.
(b)
added
Report— Not later than 1 year after the date on which the Commandant enters into an agreement under subsection (a), the federally funded research and development center selected under such subsection shall submit to the Secretary of the department in which the Coast Guard is operating, the Commandant, 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 contains—
(1)
added
the results of the assessment required under subsection (a); and
(2)
added
recommendations to improve governance of the Coast Guard Academy and the Board of Trustees.
Sec. 5173
Electronic locking mechanisms to ensure Coast Guard Academy cadet room security
added
(a)
added
In general— Not later than 2 years after the date of enactment of this Act, the Commandant, in consultation with the Superintendent of the Coast Guard Academy (referred to in this section as the “Superintendent”), shall—
(1)
added
install an electronic locking mechanism for each room at the Coast Guard Academy within which 1 or more Coast Guard Academy cadets reside overnight;
(2)
added
test each such mechanism not less than once every 6 months for proper function and maintained in proper working order; and
(3)
added
use a system that electronically records the date, time, and identity of each individual who accesses a cadet room using an electronic access token, code, card, or other electronic means, which shall be maintained in accordance with the general schedule for records retention, or a period of five years, whichever is later.
(b)
added
Electronic locking mechanisms—
(1)
added
In general— Each electronic locking mechanism described in subsection (a) shall be coded in a manner that provides access to a room described in such subsection only to—
(A)
added
the 1 or more cadets assigned to the room; and
(B)
added
such Coast Guard Academy officers, administrators, staff, or security personnel, including personnel of the Coast Guard Investigative Service, as are necessary to access the room in the event of an emergency.
(2)
added
Existing mechanisms— Not later than 30 days after the date of enactment of this Act, the Superintendent shall ensure that electronic locking mechanisms installed in academic buildings of the Coast Guard Academy, Chase Hall common spaces, and in any other location at the Coast Guard Academy are maintained in proper working order.
(c)
added
Access policy instruction— Not later than 1 year after the date of enactment of this Act, the Superintendent shall promulgate a policy regarding cadet room security policies and procedures, which shall include, at a minimum—
(1)
added
a prohibition on sharing with any other cadet, employee, or other individual electronic access tokens, codes, cards, or other electronic means of accessing a cadet room;
(2)
added
procedures for resetting electronic locking mechanisms in the event of a lost, stolen, or otherwise compromised electronic access token, code, card, or other electronic means of accessing a cadet room;
(3)
added
procedures to maintain the identity of each individual who accesses a cadet room using an electronic access token, code, card, or other electronic means, while ensuring the security of personally identifiable information and protecting the privacy of any such individual, as appropriate;
(4)
added
procedures by which cadets may report to the chain of command the malfunction of an electronic locking mechanism; and
(5)
added
a schedule of testing to ensure the proper functioning of electronic locking mechanisms.
(d)
added
Minimum training requirements— The Superintendent shall ensure that each Coast Guard Academy cadet receives, not later than 1 day after the date of the initial arrival of the cadet at the Coast Guard Academy, an initial training session, and any other training the Superintendent considers necessary, on—
(1)
added
the use of electronic locking mechanisms installed under this section; and
(2)
added
the policy promulgated under subsection (c).
Sec. 5174
Coast Guard Academy student advisory board and access to timely and independent wellness support services for cadets and candidates
added
(a)
added
In general— Subchapter I of Chapter 19 of title 14, United States Code, is amended by adding at the end the following:
added
“1907. Coast Guard Academy Student and Women Advisory Board
added
“(a) Establishment—The Commandant shall establish within the Coast Guard Academy an advisory board to be known as the “Coast Guard Academy Student and Women Advisory Board” (in this section referred to as the “Advisory Board”).
added
“(b) Membership—The Advisory Board shall be composed of not fewer than 12 cadets of the Coast Guard Academy who are enrolled at the Coast Guard Academy at the time of appointment, including not fewer than 3 cadets from each class.
added
“(c) Appointment
added
“(1) In general—Cadets shall be appointed to the Advisory Board by the Provost, in consultation with the Superintendent of the Coast Guard Academy.
added
“(2) Application—Cadets who are eligible for appointment to the Advisory Board shall submit an application for appointment to the Provost of the Coast Guard Academy, or a designee of the Provost, for consideration.
added
“(d) Selection—The Provost shall select eligible applicants who—
added
“(1) are best suited to fulfill the duties described in subsection (g); and
added
“(2) best represent the student body makeup at the Coast Guard Academy.
added
“(e) Term
added
“(1) In general—Appointments shall be made not later than 60 days after the date of the swearing in of a new class of cadets at the Coast Guard Academy.
added
“(2) Term—The term of membership of a cadet on the Advisory Board shall be 1 academic year.
added
“(f) Meetings—The Advisory Board shall meet in person with the Superintendent not less frequently than twice each academic year to discuss the activities of the Advisory Board.
added
“(g) Duties—The Advisory Board shall—
added
“(1) identify challenges facing Coast Guard Academy cadets, including cadets who are women, relating to—
added
“(A) health and wellbeing;
added
“(B) cadet perspectives and information with respect to sexual assault, sexual harassment and sexual violence prevention, response, and recovery at the Coast Guard Academy;
added
“(C) the culture of, and leadership development and access to health care for, cadets at the Academy who are women; and
added
“(D) any other matter the Advisory Board considers important;
added
“(2) discuss and propose possible solutions to such challenges, including improvements to leadership development at the Coast Guard Academy; and
added
“(3) periodically review the efficacy of Coast Guard Academy academic, wellness, and other relevant programs and provide recommendations to the Commandant for improvement of such programs.
added
“(h) Working groups
added
“(1) In general—The Advisory Board shall establish 2 working groups of which—
added
“(A) 1 working group shall be composed, at least in part, of Coast Guard Academy cadets who are not current members of the Advisory Board and members of the Cadets Against Sexual Assault, or any similar successor organization, to assist the Advisory Board in carrying out its duties under subsection (g)(1)(B); and
added
“(B) 1 working group shall be composed, at least in part, of Coast Guard Academy cadets who are not current members of the Advisory Board to assist the Advisory Board in carrying out its duties under subsection (g)(1)(C).
added
“(2) Other working groups—The Advisory Board may establish such other working groups (which may be composed, at least in part, of Coast Guard Academy cadets who are not current members of the Advisory Board) as the Advisory Board finds to be necessary to carry out the Board’s duties other than the duties in subparagraphs (B) and (C) of subsection (g)(1).
added
“(i) Reporting
added
“(1) Commandant and Superintendent—The Advisory Board shall regularly submit a report or provide a briefing to the Commandant and the Superintendent on the results of the activities carried out in furtherance of the duties of the Advisory Board under subsection (g), including recommendations for actions to be taken based on such results, not less than once per academic semester.
added
“(2) Annual report—The Advisory Board shall transmit to the Commandant, through the Provost and the Superintendent an annual report at the conclusion of the academic year, containing the information and materials that were presented to the Commandant or Superintendent, or both, during the regularly occurring briefings under paragraph (1).
added
“(3) Congress—The Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives any report or other materials provided to the Commandant and Superintendent under paragraph (1) and any other information related to the Advisory requested by the Committees.”
(b)
added
Clerical amendment— The analysis for chapter 19 of title 14, United States Code, is amended by inserting after the item relating to section 1906 the following:
Sec. 5175
Report on existing behavioral health and wellness support services facilities at Coast Guard Academy
added
(a)
added
In general— Not later than 120 days after the date of enactment of this Act, the Commandant, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on existing behavioral health and wellness support services facilities at the Coast Guard Academy in which Coast Guard Academy cadets and officer candidates, respectively, may receive timely and independent behavioral health and wellness support services, including via telemedicine.
(b)
added
Elements— The report required under paragraph (1) shall include—
(1)
added
an identification of each building at the Coast Guard Academy that contains a dormitory or other overnight accommodations for cadets or officer candidates; and
(A)
added
an identification of additional behavioral health or wellness support services that would be beneficial to cadets and officer candidates, such as additional facilities with secure access to telemedicine;
(B)
added
a description of the benefits that such services would provide to cadets and officer candidates, particularly to cadets and officer candidates who have experienced sexual assault or sexual harassment; and
(C)
added
a description of the resources necessary to provide such services.
Sec. 5176
Required posting of information
added
added
The Commandant shall ensure that, in each building at the Coast Guard Academy that contains a dormitory or other overnight accommodations for cadets or officer candidates, written information is posted in a visible location with respect to—
(1)
added
the methods and means by which a cadet or officer candidate may report a crime, including harassment, sexual assault, sexual harassment, and any other offense;
(2)
added
the contact information for the Coast Guard Investigative Service;
(3)
added
external resources for—
(A)
added
wellness support;
(C)
added
medical services; and
(D)
added
support relating to behavioral health, civil rights, sexual assault, and sexual harassment; and
(4)
added
cadet and officer candidate rights with respect to reporting incidents to the Coast Guard Investigative Service, civilian authorities, the Office of the Inspector General of the department in which the Coast Guard is operating, and any other applicable entity.
Sec. 5177
Installation of behavioral health and wellness rooms
added
(a)
added
In general— Not later than 2 years after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall install or construct at the Coast Guard Academy 2 rooms to be used for the purpose of supporting cadet and officer candidate behavioral health and wellness.
(b)
added
Standards of rooms— Each room installed or constructed under this section—
(i)
added
in a manner that ensures the protection of the privacy of cadets and officer candidates, consistent with law and policy;
(ii)
added
with a telephone and computer to allow for the provision of behavioral health and wellness support or other services; and
(iii)
added
with an accessible and private wireless internet connection for the use of personal communications devices at the discretion of the cadet or officer candidate concerned; and
(B)
added
to the extent practicable and consistent with good order and discipline, accessible to cadets and officer candidates at all times; and
(2)
added
shall contain the written information described in section 5176, which shall be posted in a visible location.
Sec. 5178
Coast Guard Academy room reassignment
added
added
Section 1902 of title 14, United States Code, is amended by adding at the end the following:
added
“(f) Room reassignment—Coast Guard Academy cadets may request room reassignment if experiencing discomfort due to Coast Guard Academy rooming assignments, consistent with policy.”
Sec. 5179
Authorization for use of Coast Guard Academy facilities and equipment by covered foundations
added
(a)
added
In general— Subchapter I of chapter 19 of title 14, United States Code, is further amended by adding at the end the following:
added
“1908. Authorization for use of Coast Guard Academy facilities and equipment by covered foundations
added
“(a) Authority—Subject to subsections (b) and (c), the Secretary, with the concurrence of the Superintendent of the Coast Guard Academy, may authorize a covered foundation to use, on a reimbursable or nonreimbursable basis as determined by the Secretary, facilities or equipment of the Coast Guard Academy.
added
“(b) Prohibition—The Secretary may not authorize any use of facilities or equipment under subsection (a) if such use may jeopardize the health, safety, or well-being of any member of the Coast Guard or cadet of the Coast Guard Academy.
added
“(c) Limitations—The Secretary may only authorize the use of facilities or equipment under subsection (a) if such use—
added
“(1) is without any liability of the United States to the covered foundation;
added
“(2) does not—
added
“(A) affect the ability of any official or employee of the Coast Guard, or any member of the armed forces, to carry out any responsibility or duty in a fair and objective manner;
added
“(B) compromise the integrity or appearance of integrity of any program of the Coast Guard, or any individual involved in any such program; or
added
“(C) include the participation of any cadet of the Coast Guard Academy at an event of the covered foundation, other than participation of such a cadet in an honor guard;
added
“(3) complies with any applicable ethics regulation; and
added
“(4) has been reviewed and approved by an attorney of the Coast Guard.
added
“(d) Issuance of policies—The Secretary shall issue Coast Guard policies to carry out this section.
added
“(e) Briefing—For any fiscal year in which the Secretary exercises the authority under subsection (a), not later than the last day of such fiscal year, the Commandant shall provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the number of events or activities of a covered foundation supported by such exercise of authority during the fiscal year.
added
“(f) Covered foundation defined—In this section, the term “covered foundation” means an organization that—
added
“(1) is a charitable, educational, or civic nonprofit organization under section 501(c)(3) of the Internal Revenue Code of 1986; and
added
“(2) the Secretary determines operates exclusively to support—
added
“(A) recruiting activities with respect to the Coast Guard Academy;
added
“(B) parent or alumni development in support of the Coast Guard Academy;
added
“(C) academic, leadership, or character development of Coast Guard Academy cadets;
added
“(D) institutional development of the Coast Guard Academy; or
added
“(E) athletics in support of the Coast Guard Academy.”
(b)
added
Clerical amendment— The analysis for chapter 19 of title 14, United States Code, is further amended by inserting after the item relating to item 1907 the following:
Sec. 5180
Concurrent jurisdiction at Coast Guard Academy
added
added
Notwithstanding any other provision of law, the Secretary of the department in which the Coast Guard is operating may establish concurrent jurisdiction between the Federal Government and the State of Connecticut over the lands constituting the Coast Guard Academy in New London, Connecticut, as necessary to facilitate the ability of the State of Connecticut and City of New London to investigate and prosecute any crimes cognizable under Connecticut law that are committed on such Coast Guard Academy property.
Sec. 5181
Maritime domain awareness in Coast Guard sector for Puerto Rico and Virgin Islands
added
added
Not later than 270 days after the date of enactment of this Act, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing—
(1)
added
an overview of the maritime domain awareness in the area of responsibility of the Coast Guard sector responsible for Puerto Rico and the United States Virgin Islands, including—
(A)
added
the average volume of known maritime traffic that transited the area during fiscal years 2020 through 2023;
(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 2023;
(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 2023; 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. 5182
Report on condition of Missouri River dayboards
added
(a)
added
Provision to Congress— Not later than 270 days after the date of enactment of this Act, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the condition of dayboards and the placement of buoys on the Missouri River.
(b)
added
Elements— The report under paragraph (1) shall include—
(1)
added
a list of the most recent date on which each dayboard and buoy was serviced by the Coast Guard;
(2)
added
an overview of the plan of the Coast Guard to systematically service each dayboard and buoy on the Missouri River; and
(3)
added
assigned points of contact.
(c)
added
Limitation— Beginning on the date of enactment of this Act, the Commandant may not remove the aids to navigation covered in subsection (a), unless there is an imminent threat to life or safety, until a period of 180 days has elapsed following the date on which the Commandant submits the report required under subsection (a).
Sec. 5183
Study on Coast Guard missions
added
(1)
added
In general— Not later than 90 days after the date of enactment of this Act, the Commandant shall seek to enter into an agreement with a federally funded research and development center with relevant expertise under which such center shall conduct an assessment of the operational capabilities and ability of the Coast Guard to conduct the primary duties of the Coast Guard under section 102 of title 14, United States Code, and missions under section 888 of the Homeland Security Act of 2002 (6 U.S.C. 468).
(2)
added
Elements— In carrying out the assessment required under paragraph (1), the federally funded research and development center selected under such subsection shall, with respect to the primary duties and missions described in paragraph (1), include the following:
(A)
added
An analysis of the extent to which the Coast Guard is able to effectively carry out such duties and missions.
(B)
added
An analysis of any budgetary, policy, and manpower factors that may constrain the Coast Guard’s ability to carry out such duties and missions,
(C)
added
An analysis of the impacts to safety, national security, and the economy, of any shortfalls in the Coast Guards ability to meet such missions.
(D)
added
Recommendations for the Coast Guard to more effectively carry out such duties and missions, in light of manpower and asset constraints.
(E)
added
Identification of any duties and missions that are being conducted by the Coast Guard on behalf of other Department of Homeland Security components, the Department of Defense, and other Federal agencies.
(F)
added
An analysis of the benefits and drawbacks of the Coast Guard conducting missions on behalf of other agencies identified in subparagraph (E), including—
(i)
added
the budgetary impact of the duties and missions identified in such subparagraph;
(ii)
added
data on the degree to which the Coast Guard is reimbursed for the costs of such missions; and
(iii)
added
recommendations to minimize the impact of the missions identified in such subparagraph to the Coast Guard budget, including improving reimbursements and budget autonomy of the Coast Guard.
(b)
added
Assessment to commandant— Not later than 1 year after the date on which Commandant enters into an agreement under section (a), the federally funded research and development center selected under such subsection shall submit to the Commandant, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate the assessment required under subsection (a).
(c)
added
Report to Congress—
(1)
added
In general— Not later than 90 days after receipt of the assessment under subsection (b), the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that includes recommendations included in the assessment to strengthen the ability of the Coast Guard to carry out such duties and missions.
(2)
added
Elements— The report required under paragraph (1) shall include the following:
(A)
added
The assessment received by the Commandant under subsection (b).
(B)
added
For each recommendation included in the such assessment—
(i)
added
an assessment by the Commandant of the feasibility and advisability of implementing such recommendation; and
(ii)
added
if the Commandant considers the implementation of such recommendation feasible and advisable, a description of the actions taken, or to be taken, to implement such recommendation.
Sec. 5184
Annual report on progress of certain homeporting projects
added
(a)
added
Initial report—
(1)
added
In general— Not later than 90 days after the date of enactment of this Act, the Commandant shall issue a report detailing the progress of all approved Coast Guard cutter homeporting projects within Coast Guard District 17 with respect to each of the following:
(A)
added
Fast Response Cutters.
(B)
added
Offshore Patrol Cutters.
(C)
added
The commercially available polar icebreaker procured pursuant to section 11223 of Don Young Coast Guard Authorization Act of 2022 (14 U.S.C. 561 note).
(2)
added
Elements— The report required under paragraph (1) shall include, with respect to each homeporting project described in such paragraph, the following:
(A)
added
A description of—
(i)
added
the status of funds appropriated for the project;
(ii)
added
activities carried out toward completion of the project; and
(iii)
added
activities anticipated to be carried out during the subsequent 1-year period to advance completion of the project.
(B)
added
An updated timeline, including key milestones, for the project.
(b)
added
Subsequent reports—
(1)
added
In general— Not later than July 1 of the first calendar year after the year in which the report required under subsection (a) is submitted, and each July 1 thereafter until the date specified in paragraph (2), the Commandant shall issue an updated report containing, with respect to each Coast Guard cutter homeporting project described in subsection (a)(1) (including any such project approved on a date after the date of the enactment of this Act and before the submission of the applicable report), each element described in subsection (a)(2).
(2)
added
Date specified— The date specified in this paragraph is the earlier of—
(A)
added
July 2, 2031; or
(B)
added
the date on which all projects described in subsection (a)(1) are completed.
(c)
added
Report on capacity of Coast Guard Base Ketchikan—
(1)
added
In general— Not later than 90 days after the date of enactment of this Act, the Commandant shall complete a report detailing the cost of and time frame for expanding the industrial capacity of Coast Guard Base Ketchikan to do out of water repairs on Fast Response Cutters.
(2)
added
Report— Not later than 120 days after the date of enactment of this Act, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the report required under paragraph (1).
(d)
added
Public availability— The Commandant shall publish each report issued under this section on a publicly accessible website of the Coast Guard.
(e)
added
Homeporting project defined— In this section, the term “homeporting project”—
(1)
added
means the facility infrastructure modifications, upgrades, new construction, and real property and land acquisition associated with homeporting new or modified cutters; and
(2)
added
includes shoreside and waterfront facilities, cutter maintenance facilities, housing, child development facilities, and any other associated infrastructure directly required as a result of homeporting new or modified cutters.
Sec. 5185
Report on Bay class icebreaking tug fleet replacement
added
added
Not later than 1 year after the date of enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives—
(1)
added
a report that describes the strategy of the Coast Guard with respect to the replacement of the Bay class icebreaking tug fleet;
(2)
added
in the case of such a strategy that results in the replacement of the last Bay class icebreaking tug on a date that is more than 15 years after such date of enactment, a plan to maintain the operational capabilities of the Bay class icebreaking tug fleet until the date on which such fleet is projected to be replaced; and
(3)
added
in the case of such a plan that does not include the replacement of the main propulsion engines and marine gear components of the Bay class icebreaking tug fleet, an assessment of the manner in which not replacing such engines and gear components will effect the future operational availability of such fleet.
Sec. 5186
Feasibility study on supporting additional port visits and deployments in support of Operation Blue Pacific
added
added
Not later than 180 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating when not operating as a service in the Navy, in consultation with the Secretary of Defense, shall—
(1)
added
complete a study on the feasibility and advisability of supporting additional Coast Guard port visits and deployments in support of Operation Blue Pacific, or any successor operation oriented toward Oceania; and
(2)
added
submit to the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of such study.
Sec. 5187
Study and gap analysis with respect to Coast Guard Air Station Corpus Christi aviation hangar
added
(a)
added
In general— Not later than 180 days after the date of enactment of this Act, the Commandant shall commence a study and gap analysis with respect to the aviation hangar at Coast Guard Air Station Corpus Christi and the capacity of such hangar to accommodate the aircraft currently assigned to Coast Guard Air Station Corpus Christi and any aircraft anticipated to be so assigned in the future.
(b)
added
Elements— The study and gap analysis required by subsection (a) shall include the following:
(1)
added
An identification of hangar infrastructure requirements needed—
(A)
added
to meet mission requirements for all aircraft currently assigned to Coast Guard Air Station Corpus Christi; and
(B)
added
to accommodate the assignment of an additional HC–144 Ocean Sentry aircraft to Coast Guard Air Station Corpus Christi.
(2)
added
An assessment as to whether the aviation hangar at Coast Guard Air Station Corpus Christi is sufficient to accommodate all rotary-wing assets assigned to Coast Guard Air Station Corpus Christi.
(3)
added
In the case of an assessment that such hangar is insufficient to accommodate all such rotary-wing assets, a description of the facility modifications that would be required to do so.
(4)
added
An assessment of the facility modifications of such hangar that would be required to accommodate all aircraft assigned to Coast Guard Air Station Corpus Christi upon completion of the transition from the MH–65 rotary-wing aircraft to the MH–60T rotary-wing aircraft.
(5)
added
An evaluation with respect to which fixed-wing assets assigned to Coast Guard Air Station Corpus Christi should be enclosed in such hangar so as to most effectively mitigate the effects of corrosion while meeting mission requirements.
(6)
added
An evaluation as to whether, and to what extent, the storage of fixed-wing assets outside such hangar would compromise the material condition and safety of such assets.
(7)
added
An evaluation of the extent to which any material condition and safety issue identified under paragraph (6) may be mitigated through the use of gust locks, chocks, tie-downs, or related equipment.
(c)
added
Report— Not later than 1 year after the commencement of the study and gap analysis required under subsection (a), the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the study and gap analysis.
Sec. 5188
Report on impacts of joint travel regulations on members of Coast Guard who rely on ferry systems
added
(a)
added
In general— Not later than 180 days after the date of enactment of this Act, the Commandant, in coordination with the Under Secretary of Defense for Personnel and Readiness, shall submit to the appropriate committees of Congress a report on the impacts of the Joint Travel Regulations on members of the Coast Guard who are commuting, on permanent change of station travel, or on other official travel to or from locations served by ferry systems.
(b)
added
Elements— The report required under subsection (a) shall include an analysis of the impacts on such members of the Coast Guard of the following policies under the Joint Travel Regulations:
(1)
added
The one-vehicle shipping policy.
(2)
added
The unavailability of reimbursement of costs incurred by such members due to ferry schedule unavailability, sailing cancellations, and other sailing delays during commuting, permanent change of station travel, or other official travel.
(3)
added
The unavailability of local infrastructure to support vehicles or goods shipped to duty stations in locations outside the contiguous United States that are not connected by the road system, including locations served by the Alaska Marine Highway System.
(c)
added
Definitions— In this section:
(1)
added
Appropriate committees of congress— The term “appropriate committees of Congress” means—
(A)
added
the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate; and
(B)
added
the Committee on Armed Services and the Subcommittee on Coast Guard and Maritime Transportation of the Committee on Transportation and Infrastructure of the House of Representatives.
(2)
added
Joint travel regulations— The term “Joint Travel Regulations”, with respect to official travel, means the terms, rates, conditions, and regulations maintained under section 464 of title 37, United States Code.
Sec. 5189
Report on Junior Reserve Officers’ Training Corps program
added
(a)
added
In general— Not later than 1 year after the date of enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the Junior Reserve Officers’ Training Corps program.
(b)
added
Elements— The report required under subsection (a) shall include the following:
(1)
added
A description of the standards and criteria prescribed by the Coast Guard for educational institution participation in the Coast Guard Junior Reserve Officers’ Training Corps program.
(2)
added
With respect to each educational institution offering a Coast Guard Junior Reserve Officers’ Training Corps program—
(A)
added
a description of—
(i)
added
the training and course of military instruction provided to students;
(ii)
added
the facilities and drill areas used for the program;
(iii)
added
the type and amount of Coast Guard Junior Reserve Officers’ Training Corps program resources provided by the Coast Guard;
(iv)
added
the type and amount of Coast Guard Junior Reserve Officers’ Training Corps program resources provided by the educational institution; and
(v)
added
any other matter relating to program requirements the Commandant considers appropriate;
(B)
added
an assessment as to whether the educational institution is located in an educationally and economically deprived area (as described in section 2031 of title 10, United States Code);
(C)
added
beginning with the year in which the program was established at the educational institution, the number of students who have participated in the program, disaggregated by gender, race, and grade of student participants; and
(D)
added
an assessment of the participants in the program, including—
(i)
added
the performance of the participants in the program;
(ii)
added
the number of participants in the program who express an intent to pursue a commission or enlistment in the Coast Guard; and
(iii)
added
a description of any other factor or matter considered by the Commandant to be important in assessing the success of program participants at the educational institution.
(3)
added
With respect to any unit of the Coast Guard Junior Reserve Officers’ Training Corps suspended or placed on probation pursuant to section 2031(h) of title 10, United States Code—
(A)
added
a description of the unit;
(B)
added
the reason for such suspension or placement on probation;
(C)
added
the year the unit was so suspended or placed on probation; and
(D)
added
with respect to any unit that was reinstated after previously being suspended or placed on probation, a justification for the reinstatement of such unit.
(4)
added
A description of the resources and personnel required to maintain, implement, and provide oversight for the Coast Guard Junior Reserve Officers’ Training Corps program at each participating educational institution and within the Coast Guard, including the funding provided to each such educational institution, disaggregated by educational institution and year.
(5)
added
A recommendation with respect to—
(A)
added
whether the number of educational institutions participating in the Coast Guard Junior Reserve Officers’ Training Corps program should be increased; and
(B)
added
in the case of a recommendation that such number should be increased, additional recommendations relating to such an increase, including—
(i)
added
the number of additional educational institutions that should be included in the program;
(ii)
added
the locations of such institutions;
(iii)
added
any additional authorities or resources necessary for such an increase; and
(iv)
added
any other matter the Commandant considers appropriate.
(6)
added
Any other matter the Commandant considers necessary in order to provide a full assessment of the effectiveness of the Coast Guard Junior Reserve Officers’ Training Corps program.
Sec. 5190
Report on and expansion of Coast Guard Junior Reserve Officers’ Training Corps Program
added
(1)
added
In general— Not later than 90 days after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the status of the Coast Guard Junior Reserve Officers’ Training Program.
(2)
added
Elements— The report required by paragraph (1) shall include the following:
(A)
added
A review and timeline of Coast Guard outreach efforts in Coast Guard districts that do not have a Coast Guard Junior Reserve Officers’ Training Program.
(B)
added
A review and timeline of Coast Guard outreach efforts in Coast Guard districts in which there are multiple Coast Guard Junior Reserve Officers’ Training Programs.
(C)
added
Policy recommendations regarding future expansion of the Coast Guard Junior Reserve Officers’ Training Program.
(1)
added
In general— Beginning on December 31, 2026, the Secretary of the department in which the Coast Guard is operating shall maintain at all times a Junior Reserve Officers’ Training Corps Program with not fewer than 20 such programs.
(2)
added
Cost assessment— Not later than 1 year after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall provide Congress with an estimate of the costs associated with implementing this subsection.
Sec. 5201
Merchant mariner credentialing
added
(a)
added
Revising merchant mariner deck training requirements—
(1)
added
General definitions— Section 2101 of title 46, United States Code, is amended—
(A)
added
by redesignating paragraphs (20) through (56) as paragraphs (21), (22), (24), (25), (26), (27), (28), (29), (30), (31), (32), (33), (34), (35), (36), (37), (38), (39), (40), (41), (42), (43), (44), (45), (46), (47), (48), (49), (50), (51), (52), (53), (54), (55), (56), (57), and (58), respectively; and
(B)
added
by inserting after paragraph (19) the following:
added
“(20) “merchant mariner credential” means a merchant mariner license, certificate, or document that the Secretary is authorized to issue pursuant to this title.”
(C)
added
by inserting after paragraph (22), as so redesignated, the following:
added
“(23) “nautical school program” means a program that—
added
“(A) offers a comprehensive program of training that includes substantial sea service on nautical school vessels or merchant vessels of the United States primarily to train individuals for service in the merchant marine; and
added
“(B) is approved by the Secretary for purposes of section 7315, in accordance with regulations promulgated by the Secretary.”
(2)
added
Examinations— Section 7116 of title 46, United States Code, is amended by striking subsection (c).
(3)
added
Merchant mariners documents—
(A)
added
General requirements— Section 7306 of title 46, United States Code, is amended to read as follows:
added
“7306. General requirements and classifications for members of deck departments
added
“(a) In general—The Secretary may issue a merchant mariner credential, to members of the deck department in the following classes:
added
“(1) Able Seaman-Unlimited.
added
“(2) Able Seaman-Limited.
added
“(3) Able Seaman-Special.
added
“(4) Able Seaman-Offshore Supply Vessels.
added
“(5) Able Seaman-Sail.
added
“(6) Able Seaman-Fishing Industry.
added
“(7) Ordinary Seaman.
added
“(b) Classification of credentials—The Secretary may classify the merchant mariner credential issued under subsection (a) based on—
added
“(1) the tonnage and means of propulsion of vessels;
added
“(2) the waters on which vessels are to be operated; or
added
“(3) other appropriate standards.
added
“(c) Qualifications—To qualify for a credential under this section, an applicant shall provide satisfactory proof that the applicant—
added
“(1) is at least 18 years of age;
added
“(2) has the service required by the applicable section of this part;
added
“(3) is qualified professionally as demonstrated by an applicable examination or educational requirements;
added
“(4) is qualified as to sight, hearing, and physical condition to perform the seafarer’s duties; and
added
“(5) has satisfied any additional requirements established by the Secretary, including career patterns and service appropriate to the particular service, industry, or job functions the individual is engaged.”
(B)
added
Implementation— The Secretary of the department in which the Coast Guard is operating shall implement the requirements under subsection (c) of section 7306 of title 46, United States Code (as amended by this section), without regard to chapters 5 and 6 of title 5, United States Code, and Executive Orders 12866 and 13563 (5 U.S.C. 601 note).
(C)
added
Clerical amendment— The analysis for chapter 73 of title 46, United States Code, is amended by striking the item relating to section 7306 and inserting the following:
(b)
added
General requirements for members of engine departments—
(1)
added
In general— Section 7313 of title 46, United States Code, is amended—
(A)
added
in subsection (b) by striking “and coal passer”; and
(B)
added
by striking subsection (c) and inserting the following:
added
“(c) Classification of credentials—The Secretary may classify the merchant mariner credential issued under subsection (a) based on—
added
“(1) the tonnage and means of propulsion of vessels;
added
“(2) the waters on which vessels are to be operated; or
added
“(3) other appropriate standards.
added
“(d) Qualifications—To qualify for an credential under this section, an applicant shall provide satisfactory proof that the applicant—
added
“(1) is at least 18 years of age;
added
“(2) has a minimum of 6-months service in the related entry rating;
added
“(3) is qualified professionally as demonstrated by an applicable examination or educational requirements; and
added
“(4) is qualified as to sight, hearing, and physical condition to perform the member’s duties.”
(2)
added
Repeal— Section 7314 of title 46, United States Code, and the item relating to such section in the analysis for chapter 73 of such title, are repealed.
(1)
added
In general— Section 7315 of title 46, United States Code, is amended to read as follows:
added
“7315. Training
added
“(a) Nautical School Program—Graduation from a nautical school program may be substituted for the sea service requirements under sections 7307 through 7311a and 7313 of this title.
added
“(b) Other approved training programs—The satisfactory completion of a training program approved by the Secretary may be substituted for not more than one-half of the sea service requirements under sections 7307 through 7311a and 7313 of this title in accordance with subsection (c).
added
“(c) Training days—For purposes of subsection (b), training days undertaken in connection with training programs approved by the Secretary may be substituted for days of required sea service under sections 7307 through 7311a and 7313 of this title as follows:
added
“(1) Each shore-based training day in the form of classroom lectures may be substituted for 2 days of sea service requirements.
added
“(2) Each training day of laboratory training, practical demonstrations, and other similar training, may be substituted for 4 days of sea service requirements.
added
“(3) Each training day of full mission simulator training may be substituted for 6 days of sea service requirements.
added
“(4) Each training day underway on a vessel while enrolled in an approved training program may be substituted for 1½ days of sea service requirements, as long as—
added
“(A) the structured training provided while underway on a vessel is—
added
“(i) acceptable to the Secretary as part of the approved training program; and
added
“(ii) fully completed by the individual; and
added
“(B) the tonnage of such vessel is appropriate to the endorsement being sought.
added
“(d) Definition—In this section, the term “training day” means a day that consists of not less than 7 hours of training.”
(2)
added
Implementation— The Secretary of the department in which the Coast Guard is operating shall implement the requirements of section 7315 of title 46, United States Code, as amended by this subsection, without regard to chapters 5 and 6 of title 5, United States Code, and Executive Orders 12866 and 13563 (5 U.S.C. 601 note) and 14094 (88 Fed. Reg. 21879).
(3)
added
Technical and conforming amendments—
(A)
added
Title 46— Title 46, United States Code, is amended—
(i)
added
in section 2113(3) by striking “section 2101(53)(A)” and inserting “section 2101(55)(A)”;
(ii)
added
in section 3202(a)(1)(A) by striking “section 2101(29)(A)” and inserting “section 2101(31)(A)”;
(iii)
added
in section 3507(k)(1) by striking “section 2101(31)” and inserting “section 2101(33)”;
(iv)
added
in section 4105(d) by striking “section 2101(53)(A)” and inserting “section 2101(55)(A)”;
(v)
added
in section 12119(a)(3) by striking “section 2101(26)” and inserting “section 2101(28)”; and
(vi)
added
in section 51706(c)(6)(C)(ii) by striking “section 2101(24)” and inserting “section 2101(26)”.
(i)
added
Section 3(3) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802(3)) is amended by striking “2101(30) of title 46” and inserting “2101 of title 46”.
(ii)
added
Section 1992(d)(7) of title 18, United States Code, is amended by striking “section 2101(31) of title 46” and inserting “section 2101 of title 46”.
(iii)
added
Section 311(a)(26)(D) of the Federal Water Pollution Control Act (33 U.S.C. 1321(a)(26)(D)) is amended by striking “section 2101(23)” and inserting “section 2101”.
(iv)
added
Section 1101 of title 49, United States Code, is amended by striking “Section 2101(23)” and inserting “Section 2101(24)”.
(1)
added
Merchant mariner Credentials— The heading for part E of subtitle II of title 46, United States Code, is amended by striking “MERCHANT SEAMEN LICENSES, CERTIFICATES, AND DOCUMENTS” and inserting “MERCHANT MARINER CREDENTIALS”.
(2)
added
Able seafarers—unlimited—
(A)
added
In general— The section heading for section 7307 of title 46, United States Code, is amended by striking “seamen” and inserting “seafarers”.
(B)
added
Reduction of length of certain period of service— Section 7307 of title 46, United States Code, is amended by striking “3 years” and inserting “18 months”.
(C)
added
Clerical amendment— The analysis for chapter 73 of title 46, United States Code, is further amended in the item relating to section 7307 by striking “seamen” and inserting “seafarers”.
(3)
added
Able seamen—limited—
(A)
added
In general— The section heading for section 7308 of title 46, United States Code, is amended by striking “seamen” and inserting “seafarers”.
(B)
added
Reduction of length of certain period of service— Section 7308 of title 46, United States Code, is amended by striking “18 months” and inserting “12 months”.
(C)
added
Clerical amendment— The analysis for chapter 73 of title 46, United States Code, is further amended in the item relating to section 7308 by striking “seamen” and inserting “seafarers”.
(4)
added
Able seafarers—special—
(A)
added
In general— The section heading for section 7309 of title 46, United States Code, is amended by striking “seamen” and inserting “seafarers”.
(B)
added
Reduction of length of certain period of service— Section 7309 of title 46, United States Code, is amended by striking “12 months” and inserting “6 months”.
(C)
added
Clerical amendment— The analysis for chapter 73 of title 46, United States Code, is further amended in the item relating to section 7309 by striking “seamen” and inserting “seafarers”.
(5)
added
Able seafarers—offshore supply vessels—
(A)
added
In general— The section heading for section 7310 of title 46, United States Code, is amended by striking “seamen” and inserting “seafarers”.
(B)
added
Clerical amendment— The analysis for chapter 73 of title 46, United States Code, is further amended in the item relating to section 7310 by striking “seamen” and inserting “seafarers”.
(6)
added
Able seafarers—sail—
(A)
added
In general— The section heading for section 7311 of title 46, United States Code, is amended by striking “seamen” and inserting “seafarers”.
(B)
added
Clerical amendment— The analysis for chapter 73 of title 46, United States Code, is further amended in the item relating to section 7311 by striking “seamen” and inserting “seafarers”.
(7)
added
Able seamen—fishing industry—
(A)
added
In general— The section heading for section 7311a of title 46, United States Code, is amended by striking “seamen” and inserting “seafarers”.
(B)
added
Clerical amendment— The analysis for chapter 73 of title 46, United States Code, is further amended in the item relating to section 7311a by striking “seamen” and inserting “seafarers”.
(8)
added
Parts E and F— Parts E and F of subtitle II of title 46, United States Code, is amended—
(A)
added
by striking “seaman” and inserting “seafarer” each place it appears; and
(B)
added
by striking “seamen” and inserting “seafarers” each place it appears.
(9)
added
Clerical amendments— The analysis for subtitle II of title 46, United States Code, is amended in the item relating to part E by striking “MERCHANT SEAMEN LICENSES, CERTIFICATES, AND DOCUMENTS” and inserting “MERCHANT MARINER CREDENTIALS”.
(10)
added
Temporary reduction of lengths of certain periods of service— Section 3534(j) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31) is repealed.
(11)
added
Merchant mariner credentials— Section 7510 of title 46, United States Code, is amended by striking subsection (d).
(e)
added
Renewal of merchant mariner licenses and documents— Section 7507 of title 46, United States Code, is amended by adding at the end the following:
added
“(d) Renewal—With respect to any renewal of an active merchant mariner credential issued under this part that is not an extension under subsection (a) or (b), such credential shall begin the day after the expiration of the active credential of the credential holder.”
(f)
added
Merchant seamen licenses, certificates, and documents; manning of vessels—
(1)
added
Citizenship or noncitizen nationality—
(A)
added
In general— Section 7102 of title 46, United States Code, is amended—
(i)
added
in the section heading by inserting “or noncitizen nationality” after “Citizenship”; and
(ii)
added
by inserting “or noncitizen nationals (as such term is described in section 308 of the Immigration and Nationality Act (8 U.S.C. 1408))” after “citizens”.
(B)
added
Clerical amendment— The analysis for chapter 71 of title 46, United States Code, is amended by striking the item relating to section 7102 and inserting the following:
(2)
added
Citizenship or noncitizen nationality notation on merchant mariners’ documents—
(A)
added
In general— Section 7304 of title 46, United States Code, is amended—
(i)
added
in the section heading by inserting “or noncitizen nationality” after “Citizenship”; and
(ii)
added
by inserting “or noncitizen national (as such term is described in section 308 of the Immigration and Nationality Act (8 U.S.C. 1408))” after “citizen”.
(B)
added
Clerical amendment— The analysis for chapter 73 of title 46, United States Code, is amended by striking the item relating to section 7304 and inserting the following:
(3)
added
Citizenship or noncitizen nationality—
(A)
added
In general— Section 8103 of title 46, United States Code, is amended—
(i)
added
in the section heading by inserting “or noncitizen nationality” after “Citizenship”;
(ii)
added
in subsection (a) by inserting “or noncitizen national” after “citizen”;
(iii)
added
in subsection (b)—
(I)
added
in paragraph (1)(A)(i) by inserting “or noncitizen national” after “citizen”;
(II)
added
in paragraph (3) by inserting “or noncitizen nationality” after “citizenship”; and
(III)
added
in paragraph (3)(C) by inserting “or noncitizen nationals” after “citizens”;
(iv)
added
in subsection (c) by inserting “or noncitizen nationals” after “citizens”;
(v)
added
in subsection (d)—
(I)
added
in paragraph (1) by inserting “or noncitizen nationals” after “citizens”; and
(II)
added
in paragraph (2) by inserting “or noncitizen national” after “citizen” each place it appears;
(vi)
added
in subsection (e) by inserting “or noncitizen national” after “citizen” each place it appears;
(vii)
added
in subsection (i)(1)(A) by inserting “or noncitizen national” after “citizen”;
(viii)
added
in subsection (k)(1)(A) by inserting “or noncitizen national” after “citizen”; and
(ix)
added
by adding at the end the following:
added
“(l) Noncitizen national defined—In this section, the term noncitizen national means an individual described in section 308 of the Immigration and Nationality Act (8 U.S.C. 1408).”
(B)
added
Clerical amendment— The analysis for chapter 81 of title 46, United States Code, is amended by striking the item relating to section 8103 and inserting the following:
(4)
added
Command of documented vessels— Section 12131(a) of title 46, United States Code, is amended by inserting “or noncitizen national (as such term is described in section 308 of the Immigration and Nationality Act (8 U.S.C. 1408))” after “citizen”.
(5)
added
Invalidation of certificates of documentation— Section 12135(2) of title 46, United States Code, is amended by inserting “or noncitizen national (as such term is described in section 308 of the Immigration and Nationality Act (8 U.S.C. 1408))” after “citizen”.
Sec. 5202
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 “2025” and inserting “2027”.
Sec. 5203
Merchant mariner licensing and documentation system requirements
added
(a)
added
In general— Chapter 75 of title 46, United States Code, is amended by adding at the end the following:
added
“7512. Requirements of electronic merchant mariner credentialing system
added
“(a) Definition of merchant mariner credential—In this section, the term merchant mariner credential means a merchant mariner license, certificate, or document that the Secretary is authorized to issue pursuant to this title.
added
“(b) Necessary considerations—In implementing any electronic merchant mariner credentialing system for purposes of this chapter, the Secretary shall consider how to allow, to the maximum extent practicable—
added
“(1) the electronic submission of the components of merchant mariner credential applications (such as sea service documentation, professional qualifications, course completion certificates, safety and suitability documents, and medical records) and course approval requests;
added
“(2) the direct electronic and secure submission of—
added
“(A) sea service verification documentation from employers;
added
“(B) course completion certificates from training providers; and
added
“(C) necessary documentation from other stakeholders; and
added
“(3) the electronic processing and evaluation of information for the issuance of merchant mariner credentials and course approvals, including the capability for the Secretary to complete remote evaluation of information submitted through the system.
added
“(c) Access to data—The Secretary shall ensure that the Maritime Administration and other Federal agencies, as authorized by the Secretary, have access to anonymized and aggregated data from the electronic system described in subsection (b) and that such data include, at a minimum—
added
“(1) the total amount of sea service for individuals with a valid merchant mariner credential;
added
“(2) the number of mariners with valid merchant mariner credentials for each rating, including the capability to filter data based on credential endorsements;
added
“(3) demographic information including age, gender, and region or address;
added
“(4) the estimated times for the Coast Guard to process merchant mariner credential applications, mariner medical certificates, and course approvals;
added
“(5) the number of providers approved to provide training for purposes of this part and, for each such training provider, the number of classes taken by individuals with, or applying for, a merchant mariner credential; and
added
“(6) if applicable, the branch of the uniformed services (as defined in section 101(a) of title 10) and duty status of applicants for a merchant mariner credential.
added
“(d) Privacy requirements—The Secretary shall collect the information required under subsection (b) in a manner that protects the privacy rights of individuals who are the subjects of such information.”
(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. 5211
Grossly negligent operations of a vessel
added
added
Section 2302(b) of title 46, United States Code, is amended to read as follows:
added
“(b) Grossly negligent operation
added
“(1) Misdemeanor—A person operating a vessel in a grossly negligent manner that endangers the life, limb, or property of a person commits a class A misdemeanor.
added
“(2) Felony—A person operating a vessel in a grossly negligent manner that results in serious bodily injury, as defined in section 1365(h)(3) of title 18—
added
“(A) commits a class E felony; and
added
“(B) may be assessed a civil penalty of not more than $35,000.”
Sec. 5212
Administrative procedure for security risks
added
(a)
added
Security risk— Section 7702(d)(1) of title 46, United States Code, is amended—
(1)
added
in subparagraph (B) by redesignating clauses (i) through (iv) as subclauses (I) through (IV), respectively (and by conforming the margins accordingly);
(2)
added
by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively (and by conforming the margins accordingly);
(3)
added
by striking “an individual if—” and inserting the following:
added
“(A) if—”
(4)
added
in subparagraph (A)(ii)(IV), as so redesignated, by striking the period at the end and inserting “; or”; and
(5)
added
by adding at the end the following:
added
“(B) if there is probable cause to believe that the individual has violated company policy and is a security risk that poses a threat to other individuals on the vessel.”
(b)
added
Technical amendment— Section 2101(47)(B) of title 46, United States Code (as so redesignated), is amended by striking “; and” and inserting “; or”.
Sec. 5213
Study of amphibious vessels
added
(a)
added
In general— The Commandant shall conduct a study to determine the applicability of current safety regulations that apply to commercial amphibious vessels.
(b)
added
Elements— The study required under subsection (a) shall include the following:
(1)
added
An overview and analysis that identifies safety regulations that apply to commercial amphibious vessels;
(2)
added
An evaluation of whether safety gaps and risks exist associated with the application of regulations identified in subsection (b)(1) to the operation of commercial amphibious vessels;
(3)
added
An evaluation of whether aspects of the regulations established in section 11502 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (46 U.S.C. 3306 note) should apply to amphibious commercial vessels; and
(4)
added
Recommendations on whether potential regulations that should apply to commercial amphibious vessels.
(c)
added
Report— Not later than 1 year after the date of the enactment of this Act, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the findings, conclusions, and recommendations from the study required under subsection (a).
(d)
added
Definition of amphibious vessel— In this section, the term “amphibious vessel” means a vessel which is operating as a small passenger vessel in waters subject to the jurisdiction of the United States, as defined in section 2.38 of title 33, Code of Federal Regulations (or a successor regulation) and is operating as a motor vehicle as defined in section 216 of the Clean Air Act (42 U.S.C. 7550) that is not a DUKW amphibious passenger vessel as defined in section 11502 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (46 U.S.C. 3306 note).
Sec. 5214
Performance driven examination schedule
added
(a)
added
Amendments— Section 3714 of title 46, United States Code, is amended—
(1)
added
in subsection (a)(1) by striking “The Secretary” and inserting “Except as provided in subsection (c), the Secretary”;
(2)
added
by redesignating subsection (c) as subsection (d); and
(3)
added
by inserting after subsection (b) the following:
added
“(c) Performance-driven examination schedule
added
“(1) In general—With respect to examinations of foreign vessels to which this chapter applies, and subject to paragraph (3), the Secretary may adopt a performance-driven examination schedule to which such vessels are to be examined and the frequency with which such examinations occur, including the frequency of examinations for each vessel. Such schedule shall be consistent with the Secretary’s assessment of the safety performance of such vessels, including each vessel participating in the performance-driven examination schedule, in accordance with paragraph (2).
added
“(2) Considerations—In developing an examination schedule under paragraph (1) and subject to paragraph (3), with respect to each vessel in determining eligibility to participate in the performance based examination schedule—
added
“(A) the Secretary shall consider—
added
“(i) certificate of compliance and examination history, to include those conducted by foreign countries;
added
“(ii) history of violations, vessel detentions, incidents, and casualties;
added
“(iii) history of notices of violation issued by the Coast Guard;
added
“(iv) safety related information provided by the flag state of the vessel;
added
“(v) owner and operator history;
added
“(vi) historical classification society data, which may include relevant surveys;
added
“(vii) cargo-specific documentation;
added
“(viii) data from port state control safety exams; and
added
“(ix) relevant repair and maintenance history; and
added
“(B) the Secretary may consider—
added
“(i) data from relevant vessel quality assurance and risk assessment programs including Quality Shipping for the 21st Century (QUALSHIP 21);
added
“(ii) data from industry inspection regimes;
added
“(iii) data from vessel self assessments submitted to the International Maritime Organization or other maritime organizations; and
added
“(iv) other safety relevant data or information as determined by the Secretary.
added
“(3) Eligibility—In developing an examination schedule under paragraph (1), the Secretary shall not consider a vessel eligible to take part in a performance-driven examination schedule under paragraph (1) if, within the last 36 months, the vessel has—
added
“(A) been detained by the Coast Guard;
added
“(B) a record of a violation issued by the Coast Guard against the owners or operators with a finding of proved; or
added
“(C) suffered a marine casualty that, as determined by the Secretary, involves the safe operation of the vessel and overall performance of the vessel.
added
“(4) Restrictions—The Secretary may not adopt a performance-driven examination schedule under paragraph (1) until the Secretary has—
added
“(A) conducted the assessment recommended in the Government Accountability Office report submitted under section 8254(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283);
added
“(B) concluded through such assessment that a performance-driven examination schedule provides not less than the level of safety provided by the annual examinations required under subsection (a)(1); and
added
“(C) provided the results of such assessment to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.”
(b)
added
Career incentive pay for marine inspectors— Subsection (a) of section 11237 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) is amended as follows:
added
“(a) Authority to provide assignment pay or special duty pay—For the purposes of addressing an identified shortage of marine inspectors, the Secretary may provide assignment pay or special duty pay under section 352 of title 37, United States Code, to a member of the Coast Guard serving in a prevention position that—
added
“(1) is assigned in support of or is serving as a marine inspector pursuant to section 312 of title 14, United States Code; and
added
“(2) is assigned to a billet that is difficult to fill due to geographic location, requisite experience or certifications, or lack of sufficient candidates, as determined by the Commandant, in an effort to address inspector workforce gaps.”
(c)
added
Briefing— Not later than 6 months after the date of enactment of this Act, and annually for 2 years after the implementation of a performance-driven examination schedule program under section 3714(c) of title 46, United States Code, the Commandant shall brief the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on—
(1)
added
the status of utilizing the performance-driven examination schedule program, including the quantity of examinations conducted and duration between examinations for each individual vessel examined under the performance-driven examination schedule;
(2)
added
an overview of the size of the Coast Guard marine inspector workforce, including any personnel shortages assessed by the Coast Guard, for inspectors that conduct inspections under section 3714 of such title; and
(3)
added
recommendations for the inspection, governance, or oversight of vessels inspected under section 3714 of such title.
Sec. 5215
Ports and waterways safety
added
(a)
added
Waterfront safety— Section 70011(a) of title 46, United States Code, is amended—
(1)
added
in paragraph (1) by inserting “, including damage or destruction resulting from cyber incidents, transnational organized crime, or foreign state threats” after “adjacent to such waters”; and
(2)
added
in paragraph (2) by inserting “or harm resulting from cyber incidents, transnational organized crime, or foreign state threats” after “loss”.
(b)
added
Regulation of anchorage and movement of vessels during national emergency— Section 70051 of title 46, United States Code, is amended by inserting “or cyber incidents, or transnational organized crime, or foreign state threats,” after “threatened war, or invasion, or insurrection, or subversive activity,”.
(c)
added
Facility visit by state sponsor of terrorism— Section 70011(b) of title 46, United States Code, is amended—
(1)
added
in paragraph (3) by striking “and” at the end;
(2)
added
in paragraph (4) by striking the period at the end and inserting “; and”; and
(3)
added
by adding at the end the following:
added
“(5) prohibiting a representative of a government of country that the Secretary of State has determined has repeatedly provided support for acts of international terrorism under section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) from visiting a facility for which a facility security plan is required under section 70103(c).”
Sec. 5216
Study on Bering Strait vessel traffic projections and emergency response posture at ports of the United States
added
(a)
added
In general— Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation, acting through the United States Committee on the Marine Transportation System, and in coordination with the Commandant, shall—
(1)
added
complete an analysis regarding commercial vessel traffic, at the time of the study, that transits through the Bering Strait and projections for the growth of such traffic over the next decade; and
(2)
added
assess the adequacy of emergency response capabilities and infrastructure at the ports of the United States that are in proximity to the vessel traffic that transits the Bering Strait, including the port facilities at Point Spencer, Alaska, Nome, Alaska, and Kotzebue, Alaska, to—
(A)
added
address future navigation safety risks; and
(B)
added
conduct emergency maritime response operations in the Arctic environment.
(b)
added
Elements— The study under this section shall include the following:
(1)
added
An analysis of the volume and types of commercial vessel traffic, including—
(A)
added
oil and gas tankers, cargo vessels, barges, fishing vessels, and cruise lines, both domestic and international;
(B)
added
projected growth of such traffic through the Bering Strait;
(C)
added
the seasonality of vessel transits of the Bering Strait; and
(D)
added
a summation of the sizes, ages, and the country of registration or documentation of such vessels transiting the Arctic, including oil and product tankers either documented in transit to or from Russia or China or owned or operated by a Russian or Chinese entity.
(2)
added
An assessment of the state and adequacy of vessel traffic services and oil spill and emergency response capabilities in the vicinity of the Bering Strait and its southern and northern approaches in the Chukchi Sea and the Bering Sea.
(3)
added
A risk assessment of the projected growth in commercial vessel traffic in the Bering Strait and potential of increased frequency in the number of maritime accidents, including spill events, and the potential impacts to the Arctic maritime environment and Native Alaskan village communities in the vicinity of the vessel traffic in Western Alaska, including the Bering Strait.
(4)
added
An evaluation of the extent to which Point Spencer can serve as a port of refuge and as a staging, logistics, and operations center from which to conduct and support maritime emergency and spill response activities.
(5)
added
Recommendations for practical actions that can be taken by Congress, Federal agencies, the State of Alaska, vessel carriers and operators, the marine salvage and emergency response industry, and other relevant stakeholders to mitigate risks identified in the study carried out under this section.
(c)
added
Consultation— In the preparation of the study under this section, the United States Committee on the Marine Transportation System shall consult with—
(1)
added
the Maritime Administration;
(2)
added
the Coast Guard;
(3)
added
the Army Corps of Engineers;
(4)
added
the Department of State;
(5)
added
the National Transportation Safety Board;
(6)
added
the Government of Canada, as appropriate;
(7)
added
the Port Coordination Council for the Port of Point Spencer;
(8)
added
State and local governments;
(9)
added
other maritime industry participants, including carriers, shippers, ports, labor, fishing, or other entities; and
(10)
added
nongovernmental entities with relevant expertise monitoring and characterizing vessel traffic or the environment in the Arctic.
(d)
added
Tribal consultation— In addition to the entities described in subsection (c), in preparing the study under this section, the Secretary of Transportation shall consult with Indian Tribes, including Alaska Native Corporations, and Alaska Native communities.
(e)
added
Report— Not later than 1 year after initiating the study under this section, the United States Committee on the Marine Transportation System shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Foreign Relations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Foreign Affairs of the House of Representatives a report on the findings and recommendations of the study.
(f)
added
Definitions— In this section:
(1)
added
Arctic— The term “Arctic” has the meaning given such term in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111).
(2)
added
Port Coordination Council for the Port of Point Spencer— The term “Port Coordination Council for the Port of Point Spencer” means the Council established under section 541 of Coast Guard Authorization Act of 2015 (Public Law 114–120).
Sec. 5217
Underwater inspections brief
added
added
Not later than 30 days after the date of enactment of this Act, the Commandant, or a designated individual, 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 underwater inspection in lieu of drydock program established under section 176.615 of title 46, Code of Federal Regulations (as in effect on the date of enactment of this Act).
Sec. 5218
St. Lucie River railroad bridge
added
added
Regarding Docket Number USCG–2022–0222, before adopting a final rule, the Commandant shall conduct an independent boat traffic study at mile 7.4 of the St. Lucie River.
Sec. 5219
Authority to establish safety zones for special activities in exclusive economic zone
added
(a)
added
Special activities in exclusive economic zone— Subchapter I of chapter 700 of title 46, United States Code, is amended by adding at the end the following:
added
“70008. Special activities in exclusive economic zone
added
“(a) In general—The Secretary of the department in which the Coast Guard is operating may establish safety zones to address special activities in the exclusive economic zone.
added
“(b) Definitions—In this section:
added
“(1) Safety zone—The term safety zone—
added
“(A) means a water area, shore area, or water and shore area to which, for safety or environmental purposes, access is limited to authorized persons, vehicles, or vessels; and
added
“(B) may be stationary and described by fixed limits or may be described as a zone around a vessel in motion.
added
“(2) Special activities—The term special activities includes—
added
“(A) space activities, including launch and reentry (as such terms are defined in section 50902 of title 51) carried out by United States citizens; and
added
“(B) offshore energy development activities, as described in section 8(p)(1)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(1)(C)), on or near fixed platforms.
added
“(3) United States citizen—The term United States citizen has the meaning given the term eligible owners in section 12103.
added
“(4) Fixed platform—The term “fixed platform” means an artificial island, installation, or structure permanently attached to the sea-bed for the purpose of exploration or exploitation of resources or for other economic purposes.”
(b)
added
Clerical amendment— The analysis for chapter 700 of title 46, United States Code, is amended by inserting after the item relating to section 70007 the following:
(c)
added
Repeal— Section 8343 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is repealed.
(d)
added
Retroactive effective date— The amendments made by subsections (a) and (b) of this section shall take effect as if enacted on February 1, 2024.
Sec. 5220
Improving Vessel Traffic Service monitoring
added
(a)
added
Proximity of anchorages to pipelines—
(1)
added
Implementation of restructuring plan— Not later than 1 year after the date of enactment of this Act, the Commandant shall implement the November 2021 proposed plan of the Vessel Traffic Service Los Angeles-Long Beach for restructuring the Federal anchorages in San Pedro Bay described on page 54 of the Report of the National Transportation Safety Board titled “Anchor Strike of Underwater Pipeline and Eventual Crude Oil Release” and issued January 2, 2024.
(2)
added
Study— The Secretary of the department in which the Coast Guard is operating shall conduct a study to identify any anchorage grounds other than the San Pedro Bay Federal anchorages in which the distance between the center of an approved anchorage ground and a pipeline is less than 1 mile.
(A)
added
In general— Not later than 2 years after the date of enactment of this Act, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study required under paragraph (2).
(B)
added
Contents— The report under subparagraph (A) shall include—
(i)
added
a list of the anchorage grounds described under paragraph (2);
(ii)
added
whether it is possible to move each such anchorage ground to provide a minimum distance of 1 mile; and
(iii)
added
a recommendation of whether to move any such anchorage ground and explanation for the recommendation.
(b)
added
Proximity to pipeline alerts—
(1)
added
Audible and visual alarms— The Commandant shall consult with the providers of vessel monitoring systems to add to the monitoring systems for vessel traffic services audible and visual alarms that alert the watchstander when an anchored vessel is encroaching on a pipeline.
(2)
added
Notification procedures— Not later than 1 year after the date of enactment of this Act, the Commandant shall develop procedures for all vessel traffic services to notify pipeline and utility operators following potential incursions on submerged pipelines within the vessel traffic service area of responsibility.
(3)
added
Report— Not later than 1 year after the date of enactment of this Act, and annually for the subsequent 3 years, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the implementation of paragraphs (1) and (2).
Sec. 5221
Designating pilotage waters for the Straits of Mackinac
added
(a)
added
In general— Section 9302(a)(1)(A) of title 46, United States Code, is amended by striking “in waters” and inserting “in the Straits of Mackinac and in all other waters”.
(b)
added
Definition of the Straits of Mackinac— Section 9302 of title 46, United States Code, is amended by adding at the end the following:
added
“(g) Definition of the Straits of Mackinac—In this section, the term “Straits of Mackinac” includes all of the United States navigable waters bounded by longitudes 84 degrees 20 minutes west and 85 degrees 10 minutes west and latitudes 45 degrees 39 minutes north and 45 degrees 54 minutes north, including Gray’s Reef Passage, the South Channel, and Round Island Passage, and approaches thereto.”
Sec. 5222
Receipts; international agreements for ice patrol services
added
added
Section 80301(c) of title 46, United States Code, is amended by striking the period at the end and inserting “and shall remain available until expended for the purpose of the Coast Guard international ice patrol program under this chapter.”.
Sec. 5223
Requirements for certain fishing vessels and fish tender vessels
added
(a)
added
Exceptions to regulations for towing vessels—
(1)
added
In general— The Secretary of the department in which the Coast Guard is operating, acting through the relevant Officer in Charge, Marine Inspection, may grant temporary waivers from the towing vessel requirements of chapters 33 and 89 of title 46, United States Code, including the regulations issued under such chapters, for fishing vessels and fish tender vessels.
(2)
added
Application— A temporary waiver issued under paragraph (1) shall be issued at the discretion of the relevant Officer in Charge, Marine Inspection, to a fishing vessel or fish tender vessel that—
(A)
added
performs towing operations of net pens, and associated work platforms, to or from aquaculture or hatchery worksites;
(B)
added
is less than 200 gross tons;
(C)
added
does not tow a net pen, or associated work platform, that is carrying cargo or hazardous material, including oil, on board;
(D)
added
is operating shoreward of the Boundary Line in either—
(i)
added
Southeast Alaska; or
(ii)
added
Prince William Sound; and
(E)
added
complies with all applicable laws for its use in the usual purpose for which it is normally and substantially operated, including any applicable inspection requirements under section 3301 of title 46, United States Code, and exemptions under section 3302 of such title.
(3)
added
Implementation—
(A)
added
Request process— The owner or operator of a fishing vessel or fish tender vessel seeking a waiver under paragraph (1) shall submit a request to the relevant Officer in Charge, Marine Inspection.
(B)
added
Contents— The request submitted under subparagraph (A) shall include—
(i)
added
a description of the intended towing operations;
(ii)
added
the time periods and frequency of the intended towing operations;
(iii)
added
the location of the intended operations;
(iv)
added
a description of the manning of the fishing vessel or fish tender vessel during the intended operations; and
(v)
added
any additional safety, operational, or other relevant information requested by the relevant Officer in Charge, Marine Inspection.
(4)
added
Policy— The Secretary of the department in which the Coast Guard is operating may issue policy to facilitate the implementation of this subsection.
(5)
added
Definitions— In this subsection:
(A)
added
Boundary line— The term “Boundary Line” has the meaning given such term in section 103 of title 46, United States Code.
(B)
added
Fishing vessel— The term “fishing vessel” has the meaning given such term in section 2101 of title 46, United States Code.
(C)
added
Fish tender vessel— The term “fish tender vessel” has the meaning given such term in section 2101 of title 46, United States Code.
(D)
added
Officer in Charge, Marine Inspection— The term “Officer in Charge, Marine Inspection” has the meaning given such term in section 3305 of title 46, United States Code.
(E)
added
Prince William Sound— The term “Prince William Sound” means all State and Federal waters within Prince William Sound, Alaska, including the approach to Hinchenbrook Entrance out to, and encompassing, Seal Rocks.
(F)
added
Southeast Alaska— The term “Southeast Alaska” means the area along the coast of the State of Alaska from latitude 5440’00” N to 6018’24” N.
(6)
added
Sunset— The authorities under this section shall expire on January 1, 2027.
(b)
added
Load lines— Section 11325(a) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 4095) is amended by striking “3” and inserting “5”.
Sec. 5231
Establishment of National Advisory Committee on Autonomous Maritime Systems
added
(a)
added
In general— Chapter 151 of title 46, United States Code, is amended by adding at the end the following:
added
“15110. Establishment of National Advisory Committee on Autonomous Maritime Systems
added
“(a) Establishment—There is established a National Advisory Committee on Autonomous Maritime Systems (in this section referred to as the “Committee”).
added
“(b) Function—The Committee shall advise the Secretary on matters relating to the regulation and use of Autonomous Systems within the territorial waters of the United States.
added
“(c) Membership
added
“(1) In general—The Committee shall consist of 15 members appointed by the Secretary in accordance with this section and section 15109.
added
“(2) Expertise—Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.
added
“(3) Representation—Each of the following groups shall be represented by at least 1 member on the Committee:
added
“(A) Marine safety or security entities.
added
“(B) Vessel design and construction entities.
added
“(C) Entities engaged in the production or research of uncrewed vehicles, including drones, autonomous or semi-autonomous vehicles, or any other product or service integral to the provision, maintenance, or management of such products or services.
added
“(D) Port districts, authorities, or terminal operators.
added
“(E) Vessel operators.
added
“(F) National labor unions representing merchant mariners.
added
“(G) Maritime pilots.
added
“(H) Commercial space transportation operators.
added
“(I) Academic institutions.”
(b)
added
Clerical amendments— The analysis for chapter 151 of title 46, United States Code, is amended by adding at the end the following:
(c)
added
Establishment— Not later than 90 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall establish the Committee under section 15110 of title 46, United States Code (as added by this section).
Sec. 5232
Pilot program for governance and oversight of small uncrewed maritime systems
added
(a)
added
Limitation— Notwithstanding any other provision of law, for the period beginning on the date of enactment of this Act and ending on the date that is 2 years after such date of enactment, small uncrewed maritime systems owned, operated, or chartered by the National Oceanic and Atmospheric Administration, or that are performing specified oceanographic surveys on behalf of and pursuant to a contract or other written agreement with the National Oceanic and Atmospheric Administration, shall not be subject to any vessel inspection, design, operations, navigation, credentialing, or training requirement, law, or regulation, that the Assistant Administrator of the Office of Marine and Aviation Operations of the National Oceanic and Atmospheric Administration determines will harm real-time operational extreme weather oceanographic and atmospheric data collection and predictions.
(b)
added
Other authority— Nothing in this section shall limit the authority of the Secretary of the department in which the Coast Guard is operating, acting through the Commandant, if there is an immediate safety or security concern regarding small uncrewed maritime systems.
Sec. 5233
Coast Guard training course
added
(a)
added
In general— For the period beginning on the date of enactment of this Act and ending on the date that is 3 years after such date of enactment, the Commandant, or such other individual or organization as the Commandant considers appropriate, shall develop a training course on small uncrewed maritime systems and offer such training course at least once each year for Coast Guard personnel working with or regulating small uncrewed maritime systems.
(b)
added
Course subject matter— The training course developed under subsection (a) shall—
(1)
added
provide an overview and introduction to small uncrewed maritime systems, including examples of those used by the Federal Government, in academic settings, and in commercial sectors;
(2)
added
address the benefits and disadvantages of use of small uncrewed maritime systems;
(3)
added
address safe navigation of small uncrewed maritime systems, including measures to ensure collision avoidance;
(4)
added
address the ability of small uncrewed maritime systems to communicate with and alert other vessels in the vicinity;
(5)
added
address the ability of small uncrewed maritime systems to respond to system alarms and failures to ensure control commensurate with the risk posed by the systems;
(6)
added
provide present and future capabilities of small uncrewed maritime systems; and
(7)
added
provide an overview of the role of the International Maritime Organization in the governance of small uncrewed maritime systems.
Sec. 5234
NOAA membership on Autonomous Vessel Policy Council
added
added
Not later than 30 days after the date of enactment of this Act, the Commandant, with the concurrence of the Assistant Administrator of the Office of Marine and Aviation Operations of the National Oceanic and Atmospheric Administration, shall establish the permanent membership of a National Oceanic and Atmospheric Administration employee to the Automated and Autonomous Vessel Policy Council of the Coast Guard.
Sec. 5235
Technology pilot program
added
added
Section 319(b)(1) of title 14, United States Code, is amended by striking “2 or more existing Coast Guard small boats deployed at operational units” and inserting “2 or more Coast Guard small boats deployed at operational units and 2 or more existing Coast Guard small boats”.
Sec. 5236
Uncrewed systems capabilities report and briefing
added
(1)
added
Report— Not later than 1 year after the date of enactment of this Act, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that outlines a plan for establishing an uncrewed systems capabilities office within the Coast Guard responsible for the acquisition and development of uncrewed system and counter-uncrewed system technologies and to expand the capabilities of the Coast Guard with respect to such technologies.
(2)
added
Contents— The report required under paragraph (1) shall include the following:
(A)
added
A management strategy for the acquisition, development, and deployment of uncrewed system and counter-uncrewed system technologies.
(B)
added
A service-wide coordination strategy to synchronize and integrate efforts across the Coast Guard in order to—
(i)
added
support the primary duties of the Coast Guard pursuant to section 102 of title 14, United States Code; and
(ii)
added
pursue expanded research, development, testing, and evaluation opportunities and funding to expand and accelerate identification and transition of uncrewed system and counter-uncrewed system technologies.
(C)
added
The identification of contracting and acquisition authorities needed to expedite the development and deployment of uncrewed system and counter-uncrewed system technologies.
(D)
added
A detailed list of commercially available uncrewed system and counter-uncrewed system technologies with capabilities determined to be useful for the Coast Guard.
(E)
added
A cross-agency collaboration plan to engage with the Department of Defense and other relevant agencies to identify common requirements and opportunities to partner in acquiring, contracting, and sustaining uncrewed system and counter-uncrewed system capabilities.
(F)
added
Opportunities to obtain and share uncrewed system data from government and commercial sources to improve maritime domain awareness.
(G)
added
The development of a concept of operations for a data system that supports and integrates uncrewed system and counter-uncrewed system technologies with key enablers, including enterprise communications networks, data storage and management, artificial intelligence and machine learning tools, and information sharing and dissemination capabilities.
(b)
added
Briefings— Not later than 1 year after the date of enactment of this Act, and annually thereafter for a period of 3 years, the Commandant, in coordination with the Administrator of the National Oceanic and Atmospheric Administration, the Executive Director of the Office of Naval Research, the Director of the National Science Foundation, and the Director of the White House Office of Science and Technology Policy, shall brief the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, on the future operation and governance of small uncrewed maritime systems.
Sec. 5237
Definitions
added
added
In this subtitle:
(1)
added
Counter-uncrewed system— The term counter-uncrewed system means a system or device capable of lawfully and safely disabling, disrupting, or seizing control of an uncrewed system, including a counter-UAS system (as such term is defined in section 44801 of title 49, United States Code).
(2)
added
Small uncrewed maritime systems— The term “small uncrewed maritime systems” means unmanned maritime systems (as defined in section 2 of the CENOTE Act of 2018 (33 U.S.C. 4101)), that—
(A)
added
are not greater than 35 feet overall in length;
(B)
added
are operated remotely or autonomously; and
(C)
added
exclusively perform oceanographic surveys or scientific research.
(3)
added
Uncrewed system— The term uncrewed system means an uncrewed surface, undersea, or aircraft and associated elements (including communication links and the components that control the uncrewed system) that are required for the operator to operate the system safely and efficiently, including an unmanned aircraft system (as such term is defined in section 44801 of title 49, United States Code).
Sec. 5241
Controlled substance onboard vessels
added
added
Section 70503(a) of title 46, United States Code, is amended—
(1)
added
in the matter preceding paragraph (1) by striking “While on board a covered vessel, an” and inserting “An”;
(2)
added
by amending paragraph (1) to read as follows:
added
“(1) manufacture or distribute, possess with intent to manufacture or distribute, or place or cause to be placed with intent to manufacture or distribute a controlled substance on board a covered vessel;”
(3)
added
in paragraph (2) by inserting “on board a covered vessel” before the semicolon; and
(4)
added
in paragraph (3) by inserting “while on board a covered vessel” after “such individual”.
Sec. 5242
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
“Unless otherwise prohibited by law, the Commandant of the Coast Guard shall, upon request by any State, the District of Columbia, any Indian Tribe, or any territory of the United States, provide all data possessed by the Coast Guard 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, as in effect on the date of enactment of the Coast Guard Authorization Act of 2025 pertaining to—
added
“(1) challenge water (as defined in section 162.060–3 of title 46, Code of Federal Regulations, as in effect on the date of enactment of the Coast Guard Authorization Act of 2025) quality characteristics;
added
“(2) post-treatment water quality characteristics;
added
“(3) challenge water (as defined in section 162.060–3 of title 46, Code of Federal Regulations, as in effect on the date of enactment of the Coast Guard Authorization Act of 2025) biologic organism concentrations data; and
added
“(4) post-treatment water biologic organism concentrations data.”
(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. 5243
Clarification of authorities
added
(a)
added
In general— Section 5(a) of the Deepwater Port Act of 1974 (33 U.S.C. 1504(a)) is amended by striking the first sentence and inserting “Notwithstanding section 888(b) of the Homeland Security Act of 2002 (6 U.S.C. 468(b)), the Secretary shall have the authority to issue regulations to carry out the purposes and provisions of this Act, in accordance with the provisions of section 553 of title 5, United States Code, without regard to subsection (a) thereof.”.
(b)
added
NEPA compliance— Section 5 of the Deepwater Port Act of 1974 (33 U.S.C. 1504) is amended by striking subsection (f) and inserting the following:
added
“(f) NEPA compliance
added
“(1) Definition of lead agency—In this subsection, the term “lead agency” has the meaning given the term in section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e).
added
“(2) Lead agency
added
“(A) In general—For all applications, the Maritime Administration shall be the Federal lead agency for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
added
“(B) Effect of compliance—Compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in accordance with subparagraph (A) shall fulfill the requirement of the Federal lead agency in carrying out the responsibilities under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) pursuant to this Act.”
(1)
added
In general— Not later than 18 months after the date of enactment of this Act, the Commandant shall transfer the authorities provided to the Coast Guard in part 148 of title 33, Code of Federal Regulations (as in effect on the date of the enactment of this Act), except as provided in paragraph (2), to the Secretary of Transportation.
(2)
added
Retention of authority— The Commandant shall retain responsibility for authorities pertaining to design, construction, equipment, and operation of deepwater ports and navigational safety.
(3)
added
Updates to authority— As soon as practicable after the date of enactment of this Act, the Secretary of Transportation shall issue such regulations as are necessary to reflect the updates to authorities prescribed by this subsection.
(d)
added
Rule of construction— Nothing in this section, or the amendments made by this section, may be construed to limit the authorities of other governmental agencies previously delegated authorities of the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.) or any other law.
(e)
added
Applications— Nothing in this section, or the amendments made by this section, shall apply to any application submitted before the date of enactment of this Act.
Sec. 5244
Anchorages
added
added
Section 8437 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—
(1)
added
by striking subsections (d) and (e);
(2)
added
by redesignating subsection (c) as subsection (d); and
(3)
added
by inserting after subsection (b) the following:
added
“(c) Prohibition—The Commandant shall prohibit any vessel anchoring on the reach of the Hudson River described in subsection (a) unless such anchoring is within any anchorage established before January 1, 2021.”
Sec. 5245
Amendments to passenger vessel security and safety requirements
added
(a)
added
Maintenance of supplies that prevent sexually transmitted diseases— Section 3507(d)(1) of title 46, United States Code, is amended by inserting “(taking into consideration the length of the voyage and the number of passengers and crewmembers that the vessel can accommodate)” after “a sexual assault”.
(b)
added
Crew access to passenger staterooms; procedures and restrictions— Section 3507 of title 46, United States Code, is amended—
(1)
added
in subsection (f)—
(A)
added
in paragraph (1)—
(i)
added
in subparagraph (A) by striking “and” at the end; and
(ii)
added
by inserting after subparagraph (B) the following:
added
“(C) a system that electronically records the date, time, and identity of each crew member accessing each passenger stateroom; and”
(B)
added
by striking paragraph (2) and inserting the following:
added
“(2) ensure that the procedures and restrictions are—
added
“(A) fully and properly implemented;
added
“(B) reviewed annually; and
added
“(C) updated as necessary.”
Sec. 5246
Cyber-incident training
added
added
Section 70103(c) of title 46, United States Code, is amended by adding at the end the following:
added
“(9) The Secretary may conduct no-notice exercises in Captain of the Port Zones (as described in part 3 of title 33, Code of Federal Regulations as in effect on the date of enactment of the Coast Guard Authorization Act of 2025) involving a facility or vessel required to maintain a security plan under this subsection.”
Sec. 5247
Extension of pilot program to establish a cetacean desk for Puget Sound region
added
added
Section 11304(a)(2)(A)(i) of the Don Young Coast Guard Reauthorization Act of 2022 (division K of Public Law 117–263; 16 U.S.C. 1390 note) is amended by striking “4 years” and inserting “6 years”.
Sec. 5248
Suspension of enforcement of use of devices broadcasting on AIS for purposes of marking fishing gear
added
added
Section 11320 of the Don Young Coast Guard Authorization Act of 2022 (Public Law 117–263; 136 Stat. 4092) is amended by striking “during the period” and all that follows through the period at the end and inserting “until December 31, 2029.”.
Sec. 5249
Classification societies
added
added
Section 3316(d) of title 46, United States Code, is amended—
(1)
added
by amending paragraph (2)(B)(i) to read as follows:
added
“(i) the government of the foreign country in which the foreign society is headquartered—
added
“(I) delegates that authority to the American Bureau of Shipping; or
added
“(II) does not delegate that authority to any classification society; or”
(2)
added
by adding at the end the following:
added
“(5) Clarification on authority—Nothing in this subsection authorizes the Secretary to make a delegation under paragraph (2) to a classification society from the People’s Republic of China.”
Sec. 5250
Abandoned and derelict vessel removals
added
(a)
added
In general— Chapter 47 of title 46, United States Code, is amended—
(1)
added
in the chapter heading by striking “Barges” and inserting “Vessels”;
(2)
added
by inserting before section 4701 the following:
added
“I Barges”
(3)
added
by adding at the end the following:
added
“II Non-Barge Vessels
added
“4710. Definitions
added
“In this subchapter:
added
“(1) Abandon—The term abandon means to moor, strand, wreck, sink, or leave a covered vessel unattended for longer than 45 days.
added
“(2) Covered vessel—The term covered vessel means a vessel that is not a barge to which subchapter I applies.
added
“(3) Indian Tribe—The term Indian Tribe has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
added
“(4) Native Hawaiian organization—The term “Native Hawaiian organization” has the meaning given such term in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517) except the term includes the Department of Hawaiian Home Lands and the Office of Hawaiian Affairs.
added
“4711. Abandonment of vessels prohibited
added
“(a) In general—An owner or operator of a covered vessel may not abandon such vessel on the navigable waters of the United States.
added
“(b) Determination of abandonment
added
“(1) Notification
added
“(A) In general—With respect to a covered vessel that appears to be abandoned, the Commandant of the Coast Guard shall—
added
“(i) attempt to identify the owner using the vessel registration number, hull identification number, or any other information that can be reasonably inferred or gathered; and
added
“(ii) notify such owner—
added
“(I) of the penalty described in subsection (c); and
added
“(II) that the vessel will be removed at the expense of the owner if the Commandant determines that the vessel is abandoned and the owner does not remove or account for the vessel.
added
“(B) Form—The Commandant shall provide the notice required under subparagraph (A)—
added
“(i) if the owner can be identified, via certified mail or other appropriate forms determined by the Commandant; or
added
“(ii) if the owner cannot be identified, via an announcement in a local publication and on a website maintained by the Coast Guard.
added
“(2) Determination—The Commandant shall make a determination not earlier than 45 days after the date on which the Commandant provides the notification required under paragraph (1) of whether a covered vessel described in such paragraph is abandoned.
added
“(c) Penalty
added
“(1) In general—The Commandant may assess a civil penalty of not more than $500 against an owner or operator of a covered vessel determined to be abandoned under subsection (b) for a violation of subsection (a).
added
“(2) Liability in rem—The owner or operator of a covered vessel shall also be liable in rem for a penalty imposed under paragraph (1).
added
“(3) Limitation—The Commandant shall not assess a penalty if the Commandant determines the vessel was abandoned due to major extenuating circumstances of the owner or operator of the vessel, including long term medical incapacitation of the owner or operator.
added
“(d) Vessels not abandoned—The Commandant may not determine that a covered vessel is abandoned under this section if—
added
“(1) such vessel is located at a federally approved or State approved mooring area;
added
“(2) such vessel is located on private property with the permission of the owner of such property;
added
“(3) the owner or operator of such vessel provides a notification to the Commandant that—
added
“(A) indicates the location of the vessel;
added
“(B) indicates that the vessel is not abandoned; and
added
“(C) contains documentation proving that the vessel is allowed to be in such location; or
added
“(4) the Commandant determines that such an abandonment determination would not be in the public interest.
added
“4712. Inventory of abandoned vessels
added
“(a) In general—Not later than 1 year after the date of enactment of the Coast Guard Authorization Act of 2025, the Commandant, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and relevant State agencies, shall establish and maintain a national inventory of covered vessels that are abandoned.
added
“(b) Contents—The inventory established and maintained under subsection (a) shall include data on each vessel, including geographic information system data related to the location of each such vessel.
added
“(c) Publication—The Commandant shall make the inventory established under subsection (a) publicly available on a website of the Coast Guard.
added
“(d) Reporting of potentially abandoned vessels—In carrying out this section, the Commandant shall develop a process by which—
added
“(1) a State, Indian Tribe, Native Hawaiian organization, or person may report a covered vessel that may be abandoned to the Commandant for potential inclusion in the inventory established under subsection (a);
added
“(2) the Commandant shall review any such report and add such vessel to the inventory if the Commandant determines that the reported vessel is abandoned pursuant to section 4711.
added
“(e) Clarification—Except in a response action carried out under section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321) or in the case of imminent threat to life and safety, the Commandant shall not be responsible for removing any covered vessels listed on the inventory established and maintained under subsection (a).”
(b)
added
Rulemaking— The Secretary of the department in which the Coast Guard is operating, in consultation with the Secretary of the Army, acting through the Chief of Engineers, and the Secretary of Commerce, acting through the Under Secretary for Oceans and Atmosphere, shall issue regulations with respect to the procedures for determining that a vessel is abandoned for the purposes of subchapter II of chapter 47 of title 46, United States Code (as added by this section).
(c)
added
Conforming amendments— Chapter 47 of title 46, United States Code, is amended—
(1)
added
in section 4701—
(A)
added
in the matter preceding paragraph (1) by striking “chapter” and inserting “subchapter”; and
(B)
added
in paragraph (2) by striking “chapter” and inserting “subchapter”;
(2)
added
in section 4703 by striking “chapter” and inserting “subchapter”;
(3)
added
in section 4704 by striking “chapter” each place it appears and inserting “subchapter”; and
(4)
added
in section 4705 by striking “chapter” and inserting “subchapter”.
(d)
added
Clerical amendments— The analysis for chapter 47 of title 46, United States Code, is amended—
(1)
added
by inserting before the item relating to section 4701 the following:
(2)
added
by adding at the end the following:
Sec. 5301
Salvage and marine firefighting response capability
added
(a)
added
Salvage and marine firefighting response capability— Section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)) is amended by adding at the end the following:
added
“(10) Salvage and marine firefighting response capability
added
“(A) In general—The President, acting through the Secretary of the department in which the Coast Guard is operating unless otherwise delegated by the President, may require—
added
“(i) periodic inspection of vessels and salvage equipment, firefighting equipment, and other major marine casualty response equipment on or associated with vessels;
added
“(ii) periodic verification of capabilities to appropriately, and in a timely manner, respond to a marine casualty, including—
added
“(I) drills, with or without prior notice;
added
“(II) review of contracts and relevant third-party agreements;
added
“(III) testing of equipment;
added
“(IV) review of training; and
added
“(V) other evaluations of marine casualty response capabilities, as determined appropriate by the President; and
added
“(iii) carrying of appropriate response equipment for responding to a marine casualty that employs the best technology economically feasible and that is compatible with the safe operation of the vessel.
added
“(B) Definitions—In this paragraph:
added
“(i) Marine casualty—The term “marine casualty” means a marine casualty that is required to be reported pursuant to paragraph (3), (4), or (5) of section 6101 of title 46, United States Code.
added
“(ii) Salvage equipment—The term “salvage equipment” means any equipment that is capable of being used to assist a vessel in potential or actual danger in order to prevent loss of life, damage or destruction of the vessel or its cargo, or release of its contents into the marine environment.”
(b)
added
Report to Congress—
(1)
added
In general— Not later than 270 days after the date of enactment of this Act, the Comptroller General of the United States 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—
(A)
added
the state of marine firefighting authorities, jurisdiction, and plan review; and
(B)
added
other considerations with respect to fires at waterfront facilities (including vessel fires) and vessel fires on the navigable waters (as such term is defined in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362)).
(2)
added
Contents— In carrying out paragraph (1), the Comptroller General shall—
(i)
added
collaboration among Federal and non-Federal entities for purposes of reducing the risks to local communities of fires described in paragraph (1);
(ii)
added
the prevalence and frequency of such fires; and
(iii)
added
the extent to which firefighters and marine firefighters are aware of the dangers of lithium-ion battery fires, including lithium-ion batteries used for vehicles, and how to respond to such fires;
(B)
added
review methods of documenting and sharing best practices throughout the maritime community for responding to vessel fires; and
(C)
added
make recommendations for—
(i)
added
preparing for, responding to, and training for such fires;
(ii)
added
clarifying roles and responsibilities of Federal and non-Federal entities in preparing for, responding to, and training for such fires; and
(iii)
added
other topics for consideration.
Sec. 5302
Use of marine casualty investigations
added
added
Section 6308 of title 46, United States Code, is amended—
(1)
added
in subsection (a) by striking “initiated” and inserting “conducted”; and
(2)
added
by adding at the end the following:
added
“(e) For purposes of this section, an administrative proceeding conducted by the United States includes proceedings under section 7701 and claims adjudicated under section 1013 of the Oil Pollution Act of 1990 (33 U.S.C. 2713).”
Sec. 5303
Timing of review
added
added
Section 1017 of the Oil Pollution Act of 1990 (33 U.S.C. 2717) is amended by adding at the end the following:
added
“(g) Timing of review—Before the date of completion of a removal action, no person may bring an action under this Act, section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321), or chapter 7 of title 5, United States Code, challenging any decision relating to such removal action that is made by an on-scene coordinator appointed under the National Contingency Plan.”
Sec. 5304
Online incident reporting system
added
(a)
added
In general— Not later than 1 year after the date of the enactment of this Act, the National Response Center shall submit to Congress a plan to design, fund, and staff the National Response Center to develop and maintain a web-based application by which the National Response Center may receive notifications of oil discharges or releases of hazardous substances.
(b)
added
Development of application— Not later than 2 years after the date on which the plan is submitted under subsection (a), the National Response Center shall—
(1)
added
complete development of the application described in such subsection; and
(2)
added
allow notifications described in such subsection that are required under Federal law or regulation to be made online using such application.
(c)
added
Use of application— In carrying out subsection (b), the National Response Center may not require the notification of an oil discharge or release of a hazardous substance to be made using the application developed under such subsection.
Sec. 5305
Investment of Exxon Valdez oil spill court recovery in high yield investments and marine research
added
added
Section 350 of Public Law 106–113 (43 U.S.C. 1474b note) is amended—
(1)
added
by striking paragraph (5);
(2)
added
by redesignating paragraphs (2), (3), (4), (6), and (7) as subsections (c), (d), (e), (f), and (g), respectively, and indenting the subsections appropriately;
(3)
added
in paragraph (1)—
(A)
added
by striking “(1) Notwithstanding any other provision of law and subject to the provisions of paragraphs (5) and (7)” and inserting the following:
added
“(a) Definitions—In this section:
added
“(1) Consent decree—The term “Consent Decree” means the consent decree issued in United States v. Exxon Corporation, et al. (No. A91-082 CIV) and State of Alaska v. Exxon Corporation, et al. (No. A91–083 CIV).
added
“(2) Fund—The term “Fund” means the Natural Resource Damage Assessment and Restoration Fund established pursuant to title I of the Department of the Interior and Related Agencies Appropriations Act, 1992 (43 U.S.C. 1474b).
added
“(3) Outside account—The term “outside account” means any account outside the United States Treasury.
added
“(4) Trustee—The term “Trustee” means a Federal or State natural resource trustee for the Exxon Valdez oil spill.
added
“(b) Deposits
added
“(1) In general—Notwithstanding any other provision of law and subject to subsection (g)”
(4)
added
in subsection (b)(1) (as so designated)—
(A)
added
in the matter preceding subparagraph (A) by striking “issued in United States v. Exxon Corporation, et al. (No. A91–082 CIV) and State of Alaska v. Exxon Corporation, et al. (No. A91–083 CIV) (hereafter referred to as the “Consent Decree”),”;
(B)
added
by striking subparagraphs (A) and (B) and inserting the following:
added
“(A) the Fund;
added
“(B) an outside account; or”
(C)
added
in the undesignated matter following subparagraph (C)—
(i)
added
by striking “the Federal and State natural resource trustees for the Exxon Valdez oil spill (“trustees”)” and inserting “the Trustees”; and
(ii)
added
by striking “Any funds” and inserting the following:
added
“(2) Requirement for deposits in outside accounts—Any funds”
(5)
added
in subsection (c) (as redesignated by paragraph (2)) by striking “(c) Joint” and inserting the following:
added
“(c) Transfers—Any joint”
(6)
added
in subsection (d) (as redesignated by paragraph (2)) by striking “(d) The transfer” and inserting the following:
added
“(d) No effect on jurisdiction—The transfer”
(7)
added
in subsection (e) (as redesignated by paragraph (2))—
(A)
added
by striking “(e) Nothing herein shall affect” and inserting the following:
added
“(e) Effect on other law—Nothing in this section affects”
(B)
added
by striking “trustees” and inserting “Trustees”;
(8)
added
in subsection (f) (as redesignated by paragraph (2))—
(A)
added
by striking “(f) The Federal trustees and the State trustees” and inserting the following:
added
“(f) Grants—The Trustees”
(B)
added
by striking “this program” and inserting “this section, prioritizing the issuance of grants to facilitate habitat protection and habitat restoration programs”; and
(9)
added
in subsection (g) (as redesignated by paragraph (2))—
(A)
added
in the second sentence, by striking “Upon the expiration of the authorities granted in this section all” and inserting the following:
added
“(2) Return of funds—On expiration of the authority provided in this section, all”
(B)
added
by striking “(g) The authority” and inserting the following:
added
“(g) Expiration
added
“(1) In general—The authority”
Sec. 5401
Independent review of Coast Guard reforms
added
(a)
added
Government Accountability Office report—
(1)
added
In general— Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the efforts of the Coast Guard to mitigate cases of sexual assault and sexual harassment within the service.
(2)
added
Elements— The report required under paragraph (1) shall—
(i)
added
the efforts of the Commandant to implement the directed actions from enclosure 1 of the memorandum titled “Commandant's Directed Actions—Accountability and Transparency” dated November 27, 2023;
(ii)
added
whether the Commandant met the reporting requirements under section 5112 of title 14, United States Code; and
(iii)
added
the effectiveness of the actions of the Coast Guard, including efforts outside of the actions described in the memorandum titled “Commandant's Directed Actions—Accountability and Transparency” dated November 27, 2023, to mitigate instances of sexual assault and sexual harassment and improve the enforcement relating to such instances within the Coast Guard, and how the Coast Guard is overcoming challenges in implementing such actions;
(B)
added
make recommendations to the Commandant for improvements to the efforts of the service to mitigate instances of sexual assault and sexual harassment and improve the enforcement relating to such instances within the Coast Guard; and
(C)
added
make recommendations to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate to mitigate instances of sexual assault and sexual harassment in the Coast Guard and improve the enforcement relating to such instances within the Coast Guard, including proposed changes to any legislative authorities.
(b)
added
Report by Commandant— Not later than 90 days after the date on which the Comptroller General completes all actions under subsection (a), the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that includes the following:
(1)
added
A plan for Coast Guard implementation, including interim milestones and timeframes, of any recommendation made by the Comptroller General under subsection (a)(2)(B) with which the Commandant concurs.
(2)
added
With respect to any recommendation made under subsection (a)(2)(B) with which the Commandant does not concur, an explanation of the reasons why the Commandant does not concur.
Sec. 5402
Comprehensive policy and procedures on retention and access to evidence and records relating to sexual misconduct and other misconduct
added
(a)
added
In general— Subchapter II of chapter 9 of title 14, United States Code, is amended by adding at the end the following:
added
“955. Comprehensive policy and procedures on retention and access to evidence and records relating to sexual misconduct and other misconduct
added
“(a) Issuance of policy—Not later than 1 year after the date of the enactment of the Coast Guard Authorization Act of 2025, the Secretary, in consultation with the Office of the Inspector General of the department in which the Coast Guard is operating and the Office of the Inspector General of the Department of Defense, shall issue a comprehensive policy for the Coast Guard on the retention of and access to evidence and records relating to covered misconduct involving members of the Coast Guard.
added
“(b) Objectives—The comprehensive policy required by subsection (a) shall revise existing policies and procedures, including systems of records, as necessary to ensure preservation of such evidence and records for periods sufficient—
added
“(1) to ensure that members of the Coast Guard who were victims of covered misconduct are able to pursue claims for veterans benefits;
added
“(2) to support administrative processes, criminal proceedings, and civil litigation conducted by military or civil authorities; and
added
“(3) for such other purposes relating to the documentation of an incident of covered misconduct in the Coast Guard as the Secretary considers appropriate.
added
“(c) Elements
added
“(1) In general—In developing the comprehensive policy required by subsection (a), the Secretary shall, at a minimum—
added
“(A) identify records relating to an incident of covered misconduct that shall be retained;
added
“(B) with respect to records relating to covered misconduct involving members of the Coast Guard that are not records of the Coast Guard, identify such records known to or in the possession of the Coast Guard, and set forth procedures for Coast Guard coordination with the custodian of such records for proper retention of the records;
added
“(C) set forth criteria for the collection and retention of records relating to covered misconduct involving members of the Coast Guard;
added
“(D) identify physical evidence and nondocumentary forms of evidence relating to covered misconduct that shall be retained;
added
“(E) set forth the period for which evidence and records relating to covered misconduct involving members of the Coast Guard, including Coast Guard Form 6095, shall be retained, except that—
added
“(i) any physical or forensic evidence relating to rape or sexual assault, as described in sections 920(a) and 920(b) of title 10 (articles 120(a) and 120(b) of the Uniform Code of Military Justice), shall be retained not less than 50 years, and for other covered misconduct not less than the statute of limitations of the alleged offense under the Uniform Code of Military Justice; and
added
“(ii) documentary evidence relating to rape or sexual assault, as described in sections 920(a) and 920(b) of title 10 (articles 120(a) and 120(b) of the Uniform Code of Military Justice), shall be retained not less than 50 years;
added
“(F) consider locations in which such records shall be stored;
added
“(G) identify media and methods that may be used to preserve and ensure access to such records, including electronic systems of records;
added
“(H) ensure the protection of privacy of—
added
“(i) individuals named in records and status of records under section 552 of title 5 (commonly referred to as the “Freedom of Information Act”) and section 552a of title 5 (commonly referred to as the “Privacy Act”); and
added
“(ii) individuals named in restricted reporting cases;
added
“(I) designate the 1 or more positions within the Coast Guard that shall have the responsibility for such record retention by the Coast Guard;
added
“(J) require education and training for members and civilian employees of the Coast Guard on record retention requirements under this section;
added
“(K) set forth criteria for access to such records relating to covered misconduct involving members of the Coast Guard, including whether the consent of the victim should be required, by—
added
“(i) victims of covered misconduct;
added
“(ii) law enforcement authorities;
added
“(iii) the Department of Veterans Affairs; and
added
“(iv) other individuals and entities, including alleged assailants;
added
“(L) require uniform collection of data on—
added
“(i) the incidence of covered misconduct in the Coast Guard; and
added
“(ii) disciplinary actions taken in substantiated cases of covered misconduct in the Coast Guard; and
added
“(M) set forth standards for communications with, and notifications to, victims, consistent with—
added
“(i) the requirements of any applicable Department of Defense policy; and
added
“(ii) to the extent practicable, any applicable policy of the department in which the Coast Guard is operating.
added
“(2) Retention of certain forms and evidence in connection with restricted reports and unrestricted reports of sexual assault involving members of the Coast Guard
added
“(A) In general—The comprehensive policy required by subsection (a) shall require all unique or original copies of Coast Guard Form 6095 filed in connection with a restricted or unrestricted report on an alleged incident of rape or sexual assault, as described in sections 920(a) and 920(b) of title 10 (articles 120(a) and 120(b) of the Uniform Code of Military Justice), involving a member of the Coast Guard to be retained for the longer of—
added
“(i) 50 years commencing on the date of signature of the covered person on Coast Guard Form 6095; or
added
“(ii) the time provided for the retention of such form in connection with unrestricted and restricted reports on incidents of sexual assault involving members of the Coast Guard under Coast Guard policy.
added
“(B) Protection of confidentiality—Any Coast Guard form retained under subparagraph (A) shall be retained in a manner that protects the confidentiality of the member of the Coast Guard concerned in accordance with Coast Guard policy.
added
“(3) Retention of case notes in investigations of covered misconduct involving members of the Coast Guard
added
“(A) Required retention of all investigative records—The comprehensive policy required by subsection (a) shall require, for all criminal investigations relating to an alleged incident of covered misconduct involving a member of the Coast Guard, the retention of all elements of the case file.
added
“(B) Elements—The elements of the case file to be retained under subparagraph (A) shall include, at a minimum—
added
“(i) the case activity record;
added
“(ii) the case review record;
added
“(iii) investigative plans; and
added
“(iv) all case notes made by any investigating agent.
added
“(C) Retention period—All elements of the case file shall be retained for not less than 50 years for cases involving rape or sexual assault, as described in sections 920(a) and 920(b) of title 10 (articles 120(a) and 120(b) of the Uniform Code of Military Justice), and not less than the statute of limitations of the alleged offense under the Uniform Code of Military Justice for other covered misconduct, and no element of any such case file may be destroyed until the expiration of such period.
added
“(4) Return of personal property upon completion of related proceedings in unrestricted reporting cases—Notwithstanding the records and evidence retention requirements described in paragraphs (1)(E) and (2), personal property retained as evidence in connection with an incident of rape or sexual assault, as described in sections 920(a) and 920(b) of title 10 (articles 120(a) and 120(b) of the Uniform Code of Military Justice), involving a member of the Coast Guard may be returned to the rightful owner of such property after the conclusion of all legal, adverse action, and administrative proceedings related to such incident, as determined by the Commandant.
added
“(5) Return of personal property in restricted reporting cases
added
“(A) In general—The Secretary shall prescribe procedures under which a victim who files a restricted report of an incident of sexual assault may request, at any time, the return of any personal property of the victim obtained as part of the sexual assault forensic examination.
added
“(B) Requirements—The procedures required by subparagraph (A) shall ensure that—
added
“(i) a request by a victim for the return of personal property described under subparagraph (A) may be made on a confidential basis and without affecting the restricted nature of the restricted report; and
added
“(ii) at the time of the filing of the restricted report, a Special Victims’ Counsel, Sexual Assault Response Coordinator, or Sexual Assault Prevention and Response Victim Advocate—
added
“(I) informs the victim that the victim may request the return of personal property as described in such subparagraph; and
added
“(II) advises the victim that such a request for the return of personal property may negatively impact a subsequent case adjudication if the victim later decides to convert the restricted report to an unrestricted report.
added
“(C) Rule of construction—Except with respect to personal property returned to a victim under this paragraph, nothing in this paragraph may be construed to affect the requirement to retain a sexual assault forensic examination kit for the period specified in paragraph (2).
added
“(6) Victim access to records—With respect to victim access to records after all final disposition actions and any appeals have been completed, as applicable, the comprehensive policy required by subsection (a) shall provide that, to the maximum extent practicable, and in such a manner that will not jeopardize an active investigation or an active case—
added
“(A) a victim of covered misconduct in a case in which either the victim or alleged perpetrator is a covered person shall have access to all records that are directly related to the victim’s case, or related to the victim themselves, in accordance with the policy issued under subsection (a) and subject to required protections under sections 552 and 552a of title 5;
added
“(B) a victim of covered misconduct who requests access to records under section 552 or 552a of title 5 concerning the victim’s case shall be determined to have a compelling need, and the records request shall be processed under expedited processing procedures, if in the request for such records the victim indicates that the records concerned are related to the covered misconduct case;
added
“(C) in applying sections 552 and 552a of title 5 to the redaction of information related to a records request by a victim of covered misconduct made under such sections after all final disposition actions and any appeals have been completed—
added
“(i) any such redaction shall be applied to the minimum extent possible so as to ensure the provision of the maximum amount of unredacted information to the victim that is permissible by law; and
added
“(ii) any such redaction shall not be applied to—
added
“(I) receipt by the victim of the victim’s own statement; or
added
“(II) the victim’s information from an investigation; and
added
“(D) in the case of such a records request for which the timelines for expedited processing are not met, the Commandant shall provide to the Secretary, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a briefing that explains the reasons for the denial or the delay in processing, as applicable.
added
“(d) Definition of covered person—In this section, the term covered person includes—
added
“(1) a member of the Coast Guard on active duty;
added
“(2) a member of the Coast Guard Reserve with respect to crimes investigated by or reported to the Secretary on any date on which such member is in a military status under section 802 of title 10 (article 2 of the Uniform Code of Military Justice);
added
“(3) a former member of the Coast Guard with respect to crimes investigated by or reported to the Secretary; and
added
“(4) in the case of an investigation of covered misconduct conducted by, or an incident of covered misconduct reported to, the Coast Guard involving a civilian employee of the Coast Guard, any such civilian employee of the Coast Guard.
added
“(e) Savings clause—Nothing in this section authorizes or requires, or shall be construed to authorize or require, the discovery, inspection, or production of reports, memoranda, or other internal documents or work product generated by counsel, an attorney for the Government, or their assistants or representatives.”
(b)
added
In general— Subchapter II of chapter 9 of title 14, United States Code, is further amended by adding at the end the following:
added
“956. Requirement to maintain certain records
added
“(a) In general—The Commandant shall maintain all work product related to documenting a disposition decision on an investigation by the Coast Guard Investigative Service or other law enforcement entity investigating a Coast Guard member accused of an offense against chapter 47 of title 10.
added
“(b) Record retention period—Work product documents and the case action summary described in subsection (c) shall be maintained for a period of not less than 7 years from the date of the disposition decision.
added
“(c) Case action summary—Upon a final disposition action for cases described in subsection (a), except for offenses of wrongful use or possession of a controlled substance under section 912a of title 10 (article 112a of the Uniform Code of Military Justice), where the member accused is an officer of pay grade O–4 and below or an enlisted member of pay grade E–7 and below, a convening authority shall sign a case action summary that includes the following:
added
“(1) The disposition actions.
added
“(2) The name and command of the referral authority.
added
“(3) Records documenting when a referral authority consulted with a staff judge advocate or special trial counsel, as applicable, before a disposition action was taken, to include the recommendation of the staff judge advocate or special trial counsel.
added
“(4) A reference section listing the materials reviewed in making a disposition decision.
added
“(5) The Coast Guard Investigative Service report of investigation.
added
“(6) The completed Coast Guard Investigative Service report of adjudication included as an enclosure.
added
“(d) Definition—In this section, the term work product includes—
added
“(1) a prosecution memorandum;
added
“(2) emails, notes, and other correspondence related to a disposition decision; and
added
“(3) the contents described in paragraphs (1) through (6) of subsection (c).
added
“(e) Savings clause—Nothing in this section authorizes or requires, or shall be construed to authorize or require, the discovery, inspection, or production of reports, memoranda, or other internal documents or work product generated by counsel, an attorney for the Government, or their assistants or representatives.”
(c)
added
Clerical amendment— The analysis for chapter 9 of title 14, United States Code, is amended by adding at the end the following:
Sec. 5403
Consideration of request for transfer of a cadet at the Coast Guard Academy who is the victim of a sexual assault or related offense
added
added
Section 1902 of title 14, United States Code, is further amended by adding at the end the following:
added
“(g) Consideration of request for transfer of cadet who is the victim of sexual assault or related offense
added
“(1) In general—The Commandant shall provide for timely consideration of and action on a request submitted by a cadet appointed to the Coast Guard Academy who is the victim of an alleged sexual assault or other offense covered by section 920, 920c, or 930 of title 10 (article 120, 120c, or 130 of the Uniform Code of Military Justice) for transfer to another military service academy or to enroll in a Senior Reserve Officers’ Training Corps program affiliated with another institution of higher education.
added
“(2) Regulations—The Commandant, in consultation with the Secretary of Defense, shall establish policies to carry out this subsection that—
added
“(A) provide that the Superintendent shall ensure that any cadet who has been appointed to the Coast Guard Academy is informed of the right to request a transfer pursuant to this subsection, and that any formal request submitted by a cadet who alleges an offense referred to in paragraph (1) is processed as expeditiously as practicable through the chain of command for review and action by the Superintendent;
added
“(B) direct the Superintendent, in coordination with the Superintendent of the military service academy to which the cadet requests to transfer—
added
“(i) to take action on a request for transfer under this subsection not later than 5 calendar days after receiving the formal request from the cadet;
added
“(ii) to approve such request for transfer unless there are exceptional circumstances that require denial of the request;
added
“(iii) upon approval of such request for transfer, to take all necessary and appropriate action to effectuate the transfer of the cadet to the military service academy concerned as expeditiously as possible, subject to the considerations described in clause (iv); and
added
“(iv) in determining the transfer date of the cadet to the military service academy concerned, to take into account—
added
“(I) the preferences of the cadet, including any preference to delay transfer until the completion of any academic course in which the cadet is enrolled at the time of the request for transfer; and
added
“(II) the well-being of the cadet; and
added
“(C) direct the Superintendent of the Coast Guard Academy, in coordination with the Secretary of the military department that sponsors the Senior Reserve Officers’ Training Corps program at the institution of higher education to which the cadet requests to transfer—
added
“(i) to take action on a request for transfer under this subsection not later than 5 calendar days after receiving the formal request from the cadet;
added
“(ii) subject to the cadet’s acceptance for admission to the institution of higher education to which the cadet wishes to transfer, to approve such request for transfer unless there are exceptional circumstances that require denial of the request;
added
“(iii) to take all necessary and appropriate action to effectuate the cadet’s enrollment in the institution of higher education to which the cadet wishes to transfer and to process the cadet for participation in the relevant Senior Reserve Officers’ Training Corps program as expeditiously as possible, subject to the considerations described in clause (iv); and
added
“(iv) in determining the transfer date of the cadet to the institution of higher education to which the cadet wishes to transfer, to take into account—
added
“(I) the preferences of the cadet, including any preference to delay transfer until the completion of any academic course in which the cadet is enrolled at the time of the request for transfer; and
added
“(II) the well-being of the cadet.
added
“(3) Review—If the Superintendent denies a request for transfer under this subsection, the cadet may request review of the denial by the Secretary, who shall take action on such request for review not later than 5 calendar days after receipt of such request.
added
“(4) Confidentiality—The Secretary shall ensure that all records of any request, determination, transfer, or other action under this subsection remain confidential, consistent with applicable law and regulation.
added
“(5) Effect of other law—A cadet who transfers under this subsection may retain the cadet’s appointment to the Coast Guard Academy or may be appointed to the military service academy to which the cadet transfers without regard to the limitations and requirements set forth in sections 7442, 8454, and 9442 of title 10.
added
“(6) Commission as officer in the Coast Guard
added
“(A) In general—Upon graduation, a graduate of the United States Military Academy, the United States Air Force Academy, or the United States Naval Academy who transferred to that academy under this subsection is entitled to be accepted for appointment as a permanent commissioned officer in the Regular Coast Guard in the same manner as graduates of the Coast Guard Academy, as set forth in section 2101 of this title.
added
“(B) Commission as officer in other armed force
added
“(i) In general—A cadet who transfers under this subsection to the United States Military Academy, the United States Air Force Academy, or the United States Naval Academy and indicates a preference pursuant to clause (ii) may be appointed as a commissioned officer in an armed force associated with the academy from which the cadet graduated.
added
“(ii) Statement of preference—A cadet seeking appointment as a commissioned officer in an armed force associated with the academy from which the cadet graduated under clause (i) shall, before graduating from that academy, indicate to the Commandant that the cadet has a preference for appointment to that armed force.
added
“(iii) Consideration by Coast Guard—The Commandant shall consider a preference of a cadet indicated pursuant to clause (ii), but may require the cadet to serve as a permanent commissioned officer in the Regular Coast Guard instead of being appointed as a commissioned officer in an armed force associated with the academy from which the cadet graduated.
added
“(iv) Treatment of service agreement—With respect to a service agreement entered into under section 1925 of this title by a cadet who transfers under this subsection to the United States Military Academy, the United States Air Force Academy, or the United States Naval Academy and is appointed as a commissioned officer in an armed force associated with that academy, the service obligation undertaken under such agreement shall be considered to be satisfied upon the completion of 5 years of active duty service in the service of such armed force.
added
“(C) Senior reserve officers’ training corps program—A cadet who transfers under this subsection to a Senior Reserve Officers’ Training Corps program affiliated with another institution of higher education is entitled upon graduation from the Senior Reserve Officers’ Training program to commission into the Coast Guard, as set forth in section 3738a of this title.”
Sec. 5404
Designation of officers with particular expertise in military justice or healthcare
added
(a)
added
In general— Subchapter I of chapter 21 of title 14, United States Code is amended by adding at the end the following:
added
“2132. Designation of officers with particular expertise in military justice or healthcare
added
“(a) Secretary designation—The Secretary may designate a limited number of officers of the Coast Guard as having particular expertise in—
added
“(1) military justice; or
added
“(2) healthcare.
added
“(b) Promotion and grade—An individual designated under this section—
added
“(1) shall not be included on the active duty promotion list;
added
“(2) shall be promoted under section 2126; and
added
“(3) may not be promoted to a grade higher than captain.”
(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 2131 the following:
(c)
added
Conforming amendments—
(1)
added
Section 2102(a) of title 14, United States Code, is amended, in the second sentence by striking “and officers of the permanent commissioned teaching staff of the Coast Guard Academy” and inserting “officers of the permanent commissioned teaching staff of the Coast Guard Academy, and officers designated by the Secretary pursuant this section”.
(2)
added
Subsection (e) of section 2103 of title 14, United States Code, is amended to read as follows:
added
“(e) Secretary To prescribe numbers for certain officers—The Secretary shall prescribe the number of officers authorized to be serving on active duty in each grade of—
added
“(1) the permanent commissioned teaching staff of the Coast Guard Academy;
added
“(2) the officers designated by the Secretary pursuant to this section; and
added
“(3) the officers of the Reserve serving in connection with organizing, administering, recruiting, instructing, or training the reserve components.”
(3)
added
Section 2126 of title 14, United States Code, is amended, in the second sentence, by inserting “and as to officers designated by the Secretary pursuant to this section” after “reserve components”.
(4)
added
Section 3736(a) of title 14, United States Code, is amended—
(A)
added
in the first sentence by striking “promotion list and the” and inserting “promotion list, officers designated by the Secretary pursuant to this section, and the officers on the”; and
(B)
added
in the second sentence by striking “promotion list or the” and inserting “promotion list, officers designated by the Secretary pursuant to this section, or the officers on the”.
Sec. 5405
Safe-to-Report policy for Coast Guard
added
(a)
added
In general— Subchapter I of chapter 19 of title 14, United States Code, is further amended by adding at the end the following:
added
“1909. Safe-to-Report policy for Coast Guard
added
“(a) In general—Not later than 90 days after the date of enactment of the Coast Guard Authorization Act of 2025, the Commandant shall, in consultation with the Secretaries of the military departments, establish and maintain a safe-to-report policy described in subsection (b) that applies with respect to all members of the Coast Guard (including members of the reserve and auxiliary components of the Coast Guard), cadets at the Coast Guard Academy, and any other individual undergoing training at an accession point of the Coast Guard.
added
“(b) Safe-to-Report policy—The safe-to-report policy described in this subsection is a policy that—
added
“(1) prescribes the handling of minor collateral misconduct, involving a member of the Coast Guard who is the alleged victim or reporting witness of a sexual assault; and
added
“(2) applies to all such individuals, regardless of—
added
“(A) to whom the victim makes the allegation or who receives the victim’s report of sexual assault; or
added
“(B) whether the report, investigation, or prosecution is handled by military or civilian authorities.
added
“(c) Mitigating and aggravating circumstances—In issuing the policy under subsection (a), the Commandant shall specify mitigating circumstances that decrease the gravity of minor collateral misconduct or the impact of such misconduct on good order and discipline and aggravating circumstances that increase the gravity of minor collateral misconduct or the impact of such misconduct on good order and discipline for purposes of the safe-to-report policy.
added
“(d) Tracking of collateral misconduct incidents—In conjunction with the issuance of the policy under subsection (a), the Commandant shall develop and implement a process to anonymously track incidents of minor collateral misconduct that are subject to the safe-to-report policy.
added
“(e) Minor collateral misconduct defined—In this section, the term “minor collateral misconduct” means any minor misconduct that is potentially punishable under chapter 47 of title 10 that—
added
“(1) is committed close in time to or during a sexual assault and directly related to the incident that formed the basis of the allegation of sexual assault allegation;
added
“(2) is discovered as a direct result of the report of sexual assault or the ensuing investigation into such sexual assault; and
added
“(3) does not involve aggravating circumstances (as specified in the policy issued under subsection (a)) that increase the gravity of the minor misconduct or the impact of such misconduct on good order and discipline.”
(b)
added
Clerical amendment— The analysis for chapter 19 of title 14, United States Code, is further amended by inserting after the item relating to section 1908 (as added by this Act) the following:
Sec. 5406
Modification of reporting requirements on covered misconduct in Coast Guard
added
(a)
added
Assessment of policy on covered misconduct— Section 1902 of title 14, United States Code, is further amended—
(1)
added
in the section heading by striking “Policy on sexual harassment and sexual violence” and inserting “Academy policy and report on covered misconduct”; and
(2)
added
by striking subsections (c) through (e) and inserting the following:
added
“(c) Assessment
added
“(1) In general—The Commandant shall direct the Superintendent of the Coast Guard Academy to conduct at the Coast Guard Academy during each Academy program year an assessment to determine the effectiveness of the policies of the Academy with respect to covered misconduct involving cadets or other military or civilian personnel of the Academy.
added
“(2) Biennial survey—For the assessment at the Academy under paragraph (1) with respect to an Academy program year that begins in an odd-numbered calendar year, the Superintendent shall conduct a survey of cadets and other military and civilian personnel of the Academy—
added
“(A) to measure the incidence, during such program year—
added
“(i) of covered misconduct events, on or off the Academy campus, that have been reported to an official of the Academy;
added
“(ii) of covered misconduct events, on or off the Academy campus, that have not been reported to an official of the Academy; and
added
“(iii) of retaliation related to a report of a covered misconduct event, on or off the Academy campus; and
added
“(B) to assess the perceptions of the cadets and other military and civilian personnel of the Academy with respect to—
added
“(i) the Academy’s policies, training, and procedures on covered misconduct involving cadets and other military and civilian personnel of the Academy;
added
“(ii) the enforcement of such policies;
added
“(iii) the incidence of covered misconduct involving cadets and other military and civilian personnel of the Academy; and
added
“(iv) any other issues relating to covered misconduct involving cadets and other military and civilian personnel of the Academy.
added
“(d) Report
added
“(1) In general—Not earlier than 1 year after the date of the enactment of the Coast Guard Authorization Act of 2025, and each March 1 thereafter through March 1, 2031, the Commandant shall direct the Superintendent to submit to the Commandant a report on incidents of covered misconduct and retaliation for reporting of covered misconduct involving cadets or other military and civilian personnel of the Academy.
added
“(2) Elements
added
“(A) In general—Each report required under paragraph (1) shall include the following:
added
“(i) Information and data on all incidents of covered misconduct and retaliation described in paragraph (1) reported to the Superintendent or any other official of the Academy during the preceding Academy program year (referred to in this subsection as a “reported incident”),
added
“(ii) The number of reported incidents committed against a cadet or any other military or civilian personnel of the Academy.
added
“(iii) The number of reported incidents committed by a cadet or any other military or civilian personnel of the Academy.
added
“(iv) Information on reported incidents, in accordance with the policy prescribed under section 549G(b) of the National Defense Authorization Act for Fiscal Year 2022 (10 U.S.C. 1561 note), to the maximum extent practicable.
added
“(v) The number of reported incidents that were entered into the Catch a Serial Offender system, including the number of such incidents that resulted in the identification of a potential or confirmed match.
added
“(vi) The number of reported incidents that were substantiated (referred to in this subsection as a “substantiated reported incident”).
added
“(vii) A synopsis of each substantiated reported incident that includes—
added
“(I) a brief description of the nature of the incident;
added
“(II) whether the accused cadet or other military or civilian personnel of the Academy had previously been convicted of sexual assault; and
added
“(III) whether alcohol or other controlled or prohibited substances were involved in the incident, and a description of the involvement.
added
“(viii) The type of case disposition associated with each substantiated reported incident, such as—
added
“(I) conviction and sentence by court-martial, including charges and specifications for which convicted;
added
“(II) acquittal of all charges at court-martial;
added
“(III) as appropriate, imposition of a nonjudicial punishment under section 815 of title 10 (article 15 of the Uniform Code of Military Justice);
added
“(IV) as appropriate, administrative action taken, including a description of each type of such action imposed;
added
“(V) dismissal of all charges, including a description of each reason for dismissal and the stage at which dismissal occurred; and
added
“(VI) whether the accused cadet or other military or civilian personnel of the Academy was administratively separated or, in the case of an officer, allowed to resign in lieu of court martial, and the characterization (honorable, general, or other than honorable) of the service of the military member upon separation or resignation.
added
“(ix) With respect to any incident of covered misconduct involving cadets or other military and civilian personnel of the Academy reported to the Superintendent or any other official of the Academy during the preceding Academy program year that involves a report of retaliation relating to the incident—
added
“(I) a narrative description of the retaliation claim;
added
“(II) the nature of the relationship between the complainant and the individual accused of committing the retaliation; and
added
“(III) the nature of the relationship between the individual accused of committing the covered misconduct and the individual accused of committing the retaliation.
added
“(x) With respect to any investigation of a reported incident—
added
“(I) whether the investigation is in open or completed status;
added
“(II) an identification of the investigating entity;
added
“(III) whether a referral has been made to outside law enforcement entities;
added
“(IV) in the case of an investigation that is complete, a description of the results of such an investigation and information with respect to whether the results of the investigation were provided to the complainant; and
added
“(V) whether the investigation substantiated an offense under chapter 47 of title 10 (the Uniform Code of Military Justice).
added
“(B) Format—With respect to the information and data required under subparagraph (A), the Commandant shall report such information and data separately for each type of covered misconduct offense, and shall not aggregate the information and data for multiple types of covered misconduct offenses.
added
“(3) Trends—Subject to subsection (f), beginning on the date of enactment of the Coast Guard Authorization Act of 2025, each report required under paragraph (1) shall include an analysis of trends in incidents described in paragraph (1), as applicable, since the date of the enactment of the Coast Guard and Maritime Transportation Act of 2012 (Public Law 112–213).
added
“(4) Response—Each report required under paragraph (1) shall include, for the preceding Academy program year, a description of the policies, procedures, processes, initiatives, investigations (including overarching investigations), research, or studies implemented by the Commandant in response to any incident described in paragraph (1) involving a cadet or any other military or civilian personnel of the Academy.
added
“(5) Plan—Each report required under paragraph (1) shall include a plan for actions to be taken during the year following the Academy program year covered by the report to enhance the prevention of and response to incidents of covered misconduct and retaliation for reporting of covered misconduct involving cadets or other military or civilian personnel of the Academy.
added
“(6) Covered misconduct prevention and response activities—Each report required under paragraph (1) shall include an assessment of the adequacy of covered misconduct prevention and response carried out by the Academy during the preceding Academy program year.
added
“(7) Contributing factors—Each report required under paragraph (1) shall include, for incidents of covered misconduct and retaliation for reporting of covered misconduct involving cadets or other military or civilian personnel of the Academy—
added
“(A) an analysis of the factors that may have contributed to such incidents;
added
“(B) an assessment of the role of such factors in contributing to such incidents during such Academy program year; and
added
“(C) recommendations for mechanisms to eliminate or reduce such contributing factors.
added
“(8) Biennial survey—Each report under paragraph (1) for an Academy program year that begins in an odd-numbered calendar year shall include the results of the survey conducted under subsection (c)(2) in such Academy program year.
added
“(9) Focus groups—For each Academy program year with respect to which the Superintendent is not required to conduct a survey at the Academy under subsection (c)(2), the Commandant shall require focus groups to be conducted at the Academy for the purpose of ascertaining information relating to covered misconduct issues at the Academy.
added
“(10) Submission of report; briefing
added
“(A) Submission—Not later than 270 days after the date on which the Commandant receives a report from the Superintendent 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, as an enclosure or appendix to the report required by section 5112—
added
“(i) the report of the Superintendent;
added
“(ii) the comments of the Commandant with respect to the report; and
added
“(iii) relevant information gathered during a focus group under subparagraph (A) during the Academy program year covered by the report, as applicable.
added
“(B) Briefing—Not later than 180 days after the date on which the Commandant submits a report under subparagraph (A), the Commandant shall provide a briefing on the report submitted under subparagraph (A) to—
added
“(i) the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and
added
“(ii) the Secretary of Homeland Security.
added
“(e) Victim confidentiality—To the extent that information collected or reported under the authority of this section, such information shall be provided in a form that is consistent with applicable privacy protections under Federal law and does not jeopardize the confidentiality of victims.
added
“(f) Continuity of data and reporting—In carrying out this section, the Commandant shall ensure the continuity of data collection and reporting such that the ability to analyze trends is not compromised.”
(b)
added
Covered misconduct in Coast Guard— Section 5112 of title 14, United States Code, is amended to read as follows:
added
“5112. Covered misconduct in Coast Guard
added
“(a) In general—Not later than March 1 each year, 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 incidents of covered misconduct involving members of the Coast Guard, including recruits and officer candidates, and claims of retaliation related to the reporting of any such incident.
added
“(b) Continuity of data and reporting—In carrying out this section, the Commandant shall ensure the continuity of data collection and reporting such that the ability to analyze trends is not compromised.
added
“(c) Contents
added
“(1) Incidents involving members
added
“(A) Information and data
added
“(i) In general—Each report required under subsection (a) shall include, for the preceding calendar year, information and data on—
added
“(I) incidents of covered misconduct; and
added
“(II) incidents of retaliation against a member of the Coast Guard related to the reporting of covered misconduct, disaggregated by type of retaliation claim.
added
“(ii) Inclusions—The information and data on the incidents described in clause (i) shall include the following:
added
“(I) All incidents of covered misconduct and retaliation described in clause (i) reported to the Commandant or any other official of the Coast Guard during the preceding calendar year (referred to in this subsection as a “reported incident”).
added
“(II) The number of reported incidents committed against members of the Coast Guard.
added
“(III) The number of reported incidents committed by members of the Coast Guard.
added
“(IV) Information on reported incidents, in accordance with the policy prescribed under section 549G(b) of the National Defense Authorization Act for Fiscal Year 2022 (10 U.S.C. 1561 note), to the maximum extent practicable.
added
“(V) The number of reported incidents that were entered into the Catch a Serial Offender system, including the number of such incidents that resulted in the identification of a potential or confirmed match.
added
“(VI) The number of reported incidents that were substantiated (referred to in this subsection as a “substantiated reported incident”).
added
“(VII) A synopsis of each substantiated reported incident that includes—
added
“(aa) a brief description of the nature of the incident;
added
“(bb) whether the accused member has previously been convicted of sexual assault; and
added
“(cc) whether alcohol or other controlled or prohibited substances were involved in the incident, and a description of the involvement.
added
“(VIII) The type of case disposition associated with each substantiated reported incident, such as—
added
“(aa) conviction and sentence by court-martial, including charges and specifications for which convicted;
added
“(bb) acquittal of all charges at court-martial;
added
“(cc) as appropriate, imposition of a nonjudicial punishment under section 815 of title 10 (article 15 of the Uniform Code of Military Justice);
added
“(dd) as appropriate, administrative action taken, including a description of each type of such action imposed;
added
“(ee) dismissal of all charges, including a description of each reason for dismissal and the stage at which dismissal occurred; and
added
“(ff) whether the accused member was administratively separated or, in the case of an officer, allowed to resign in lieu of court-martial, and the characterization (honorable, general, or other than honorable) of the service of the member upon separation or resignation.
added
“(IX) With respect to any incident of covered misconduct reported to the Commandant or any other official of the Coast Guard during the preceding calendar year that involves a report of retaliation relating to the incident—
added
“(aa) a narrative description of the retaliation claim;
added
“(bb) the nature of the relationship between the complainant and the individual accused of committing the retaliation; and
added
“(cc) the nature of the relationship between the individual accused of committing the covered misconduct and the individual accused of committing the retaliation.
added
“(X) The disposition of or action taken by the Coast Guard or any other Federal, State, local, or Tribal entity with respect to a substantiated reported incident.
added
“(XI) With respect to any investigation of a reported incident—
added
“(aa) the status of the investigation or information relating to any referral to outside law enforcement entities;
added
“(bb) the official or office of the Coast Guard that received the complaint;
added
“(cc) a description of the results of such an investigation or information with respect to whether the results of the investigation were provided to the complainant; or
added
“(dd) whether the investigation substantiated an offense under chapter 47 of title 10 (the Uniform Code of Military Justice).
added
“(iii) Format—With respect to the information and data required under clause (i), the Commandant shall report such information and data separately for each type of covered misconduct offense, and shall not aggregate the information and data for multiple types of covered misconduct offenses.
added
“(B) Trends—Subject to subsection (b), beginning on the date of enactment of the Coast Guard Authorization Act of 2025, each report required by subsection (a) shall include, for the preceding calendar year, an analysis or assessment of trends in the occurrence, as applicable, of incidents described in subparagraph (A)(i), since the date of enactment of the Coast Guard and Maritime Transportation Act of 2012 (Public Law 112–213).
added
“(C) Response—Each report required under subsection (a) shall include, for the preceding calendar year, a description of the policies, procedures, processes, initiatives, investigations (including overarching investigations), research, or studies implemented by the Commandant in response to any incident described in subparagraph (A)(i) involving a member of the Coast Guard.
added
“(D) Plan—Each report required under subsection (a) shall include a plan for actions to be taken during the year following the year covered by the report to enhance the prevention of and response to incidents described in subparagraph (A)(i) involving members of the Coast Guard.
added
“(E) Covered misconduct prevention and response activities—Each report required under subsection (a) shall include an assessment of the adequacy of covered misconduct prevention and response activities related to incidents described in subparagraph (A)(i) carried out by the Coast Guard during the preceding calendar year.
added
“(F) Contributing factors—Each report required under subsection (a) shall include, for incidents described in subparagraph (A)(i)—
added
“(i) an analysis of the factors that may have contributed to such incidents;
added
“(ii) an assessment of the role of such factors in contributing to such incidents during such year; and
added
“(iii) recommendations for mechanisms to eliminate or reduce such contributing factors.
added
“(2) Incidents involving recruits and officer candidates
added
“(A) Information and data
added
“(i) In general—Subject to subsection (b), each report required under subsection (a) shall include, as a separate appendix or enclosure, for the preceding calendar year, information and data on—
added
“(I) incidents of covered misconduct involving a recruit of the Coast Guard at Training Center Cape May or an officer candidate at the Coast Guard Officer Candidate School; and
added
“(II) incidents of retaliation against such a recruit or officer candidate related to the reporting of covered misconduct, disaggregated by type of retaliation claim.
added
“(ii) Inclusions
added
“(I) In general—The information and data on the incidents described in clause (i) shall include the following:
added
“(aa) All incidents of covered misconduct and retaliation described in clause (i) reported to the Commandant or any other official of the Coast Guard during the preceding calendar year (referred to in this subsection as a “reported incident”).
added
“(bb) The number of reported incidents committed against recruits and officer candidates described in clause (i)(I).
added
“(cc) The number of reported incidents committed by such recruits and officer candidates.
added
“(dd) Information on reported incidents, in accordance with the policy prescribed under section 549G(b) of the National Defense Authorization Act for Fiscal Year 2022 (10 U.S.C. 1561 note), to the maximum extent practicable.
added
“(ee)
added
“(AA) The number of reported incidents that were entered into the Catch a Serial Offender system.
added
“(BB) Of such reported incidents entered into such system, the number that resulted in the identification of a potential or confirmed match.
added
“(ff) The number of reported incidents that were substantiated (referred to in this subsection as a “substantiated reported incident”).
added
“(gg) A synopsis of each substantiated reported incident that includes—
added
“(AA) a brief description of the nature of the incident; and
added
“(BB) whether alcohol or other controlled or prohibited substances were involved in the incident, and a description of the involvement.
added
“(hh) The type of case disposition associated with each substantiated reported incident, such as—
added
“(AA) conviction and sentence by court-martial, including charges and specifications for which convicted;
added
“(BB) acquittal of all charges at court-martial;
added
“(CC) as appropriate, imposition of a nonjudicial punishment under section 815 of title 10 (article 15 of the Uniform Code of Military Justice);
added
“(DD) as appropriate, administrative action taken, including a description of each type of such action imposed;
added
“(EE) dismissal of all charges, including a description of each reason for dismissal and the stage at which dismissal occurred; and
added
“(FF) whether the accused member was administratively separated or, in the case of an officer, allowed to resign in lieu of court-martial, and the characterization (honorable, general, or other than honorable) of the service of the member upon separation or resignation.
added
“(ii) With respect to any incident of covered misconduct involving recruits or officer candidates reported to the Commandant or any other official of the Coast Guard during the preceding calendar year that involves a report of retaliation relating to the incident—
added
“(AA) a narrative description of the retaliation claim;
added
“(BB) the nature of the relationship between the complainant and the individual accused of committing the retaliation; and
added
“(CC) the nature of the relationship between the individual accused of committing the covered misconduct and the individual accused of committing the retaliation.
added
“(jj) The disposition of or action taken by the Coast Guard or any other Federal, State, local, or Tribal entity with respect to a substantiated reported incident.
added
“(kk) With respect to any investigation of a reported incident—
added
“(AA) the status of the investigation or information relating to any referral to outside law enforcement entities;
added
“(BB) the official or office of the Coast Guard that received the complaint;
added
“(CC) a description of the results of such an investigation or information with respect to whether the results of the investigation were provided to the complainant; or
added
“(DD) whether the investigation substantiated an offense under chapter 47 of title 10 (the Uniform Code of Military Justice).
added
“(II) Format—With respect to the information and data required under clause (i), the Commandant shall report such information and data separately for each type of covered misconduct offense, and shall not aggregate the information and data for multiple types of covered misconduct offenses.
added
“(B) Trends—Subject to subsection (b), beginning on the date of enactment of Coast Guard Authorization Act of 2025, each report required by subsection (a) shall include, for the preceding calendar year, an analysis or assessment of trends in the occurrence, as applicable, of incidents described in subparagraph (A)(i), since the date of enactment of the Coast Guard and Maritime Transportation Act of 2012 (Public Law 112–213).
added
“(C) Response—Each report required under subsection (a) shall include, for the preceding calendar year, a description of the policies, procedures, processes, initiatives, investigations (including overarching investigations), research, or studies implemented by the Commandant in response to any incident described in subparagraph (A)(i) involving—
added
“(i) a recruit of the Coast Guard at Training Center Cape May; or
added
“(ii) an officer candidate at the Coast Guard Officer Candidate School.
added
“(D) Plan—Each report required under subsection (a) shall include a plan for actions to be taken during the year following the year covered by the report to enhance the prevention of and response to incidents described in subparagraph (A)(i) involving a recruit of the Coast Guard at Training Center Cape May or an officer candidate at the Coast Guard Officer Candidate School.
added
“(E) Covered misconduct prevention and response activities—Each report required under subsection (a) shall include an assessment of the adequacy of covered misconduct prevention and response activities related to incidents described in subparagraph (A)(i) of this paragraph carried out by the Coast Guard during the preceding calendar year.
added
“(F) Contributing factors—Each report required under subsection (a) shall include, for incidents described in subparagraph (A)(i)—
added
“(i) an analysis of the factors that may have contributed to such incidents;
added
“(ii) an assessment of the role of such factors in contributing to such incidents during such year; and
added
“(iii) recommendations for mechanisms to eliminate or reduce such contributing factors.
added
“(3) Implementation status of accountability and transparency review directed actions—Each report required under subsection (a) submitted during the 5-year period beginning on March 1, 2025, shall include information on the implementation by the Commandant of the directed actions described in the memorandum of the Coast Guard titled “Commandant’s Directed Actions—Accountability and Transparency”, issued on November 27, 2023, including—
added
“(A) a description of actions taken to address each directed action during the year covered by the report;
added
“(B) the implementation status of each directed action;
added
“(C) in the case of any directed action that has not been implemented—
added
“(i) a detailed action plan for implementation of the recommendation;
added
“(ii) an estimated timeline for implementation of the recommendation;
added
“(iii) description of changes the Commandant intends to make to associated Coast Guard policies so as to enable the implementation of the recommendation; and
added
“(iv) any other information the Commandant considers appropriate;
added
“(D) a description of the metrics and milestones used to measure completion, accountability, and effectiveness of each directed action;
added
“(E) a description of any additional actions the Commandant is taking to mitigate instances of covered misconduct within the Coast Guard;
added
“(F) any legislative change proposal necessary to implement the directed actions; and
added
“(G) a detailed list of funding necessary to implement the directed actions in a timely and effective manner, including a list of personnel needed for such implementation.
added
“(d) Victim confidentiality—To the extent that information collected under the authority of this section is reported or otherwise made available to the public, such information shall be provided in a form that is consistent with applicable privacy protections under Federal law and does not jeopardize the confidentiality of victims.
added
“(e) Substantiated defined—In this section, the term “substantiated” has the meaning given the term under section 1631(c) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 1561 note).”
(c)
added
Clerical amendments—
(1)
added
Chapter 19— The table of sections for chapter 19 of title 14, United States Code, is amended by striking the item relating to section 1902 and inserting the following new item:
(2)
added
Chapter 51— The table of sections for chapter 51 of title 14, United States Code, is amended by striking the item relating to section 5112 and inserting the following new item:
Sec. 5407
Modifications to the officer involuntary separation process
added
(a)
added
Review of records— Section 2158 of title 14, United States Code, is amended in the matter preceding paragraph (1) by striking “may at any time convene a board of officers” and inserting “shall prescribe, by regulation, procedures”.
(b)
added
Boards of inquiry— Section 2159(c) of such title is amended by striking “send the record of its proceedings to a board of review” and inserting “recommend to the Secretary that the officer not be retained on active duty”.
(c)
added
Repeal of boards of review— Section 2160 of title 14, United States Code, is repealed.
(d)
added
Technical and conforming amendments—
(1)
added
Title 14, United States Code, is amended—
(A)
added
in section 2161 by striking “section 2158, 2159, or 2160” each place it appears and inserting “section 2158 or 2159”;
(B)
added
in section 2163, in the first sentence by striking “board of review under section 2160 of this title” and inserting “board of inquiry under section 2159 of this title”; and
(C)
added
in section 2164(a), in the matter preceding paragraph (1) by striking “or 2160”.
(2)
added
The analysis at the beginning of chapter 21 of title 14, United States Code, is amended by striking the item relating to section 2160.
Sec. 5408
Review of discharge characterization
added
(a)
added
In general— Subchapter I of chapter 25 of title 14, United States Code, is further amended by adding at the end the following:
added
“2518. Review of discharge characterization
added
“(a) Downgrade
added
“(1) In general—The decision to conduct a case review under this section shall be at the discretion of the Secretary of the department in which the Coast Guard is operating.
added
“(2) Board of review—In addition to the requirements of section 1553 of title 10, a board of review for a former member of the Coast Guard established pursuant to such section and under part 51 of title 33, Code of Federal Regulations (as in effect on the date of enactment of the Coast Guard Authorization Act of 2025), may upon a motion of the board and subject to review by the Secretary of the department in which the Coast Guard is operating, downgrade an honorable discharge to a general (under honorable conditions) discharge upon a finding that a former member of the Coast Guard, while serving on active duty as a member of the armed forces, committed sexual assault or sexual harassment in violation of section 920, 920b, or 934 of title 10 (article 120, 120b, or 134 of the Uniform Code of Military Justice).
added
“(3) Evidence—Any downgrade under paragraph (2) shall be supported by clear and convincing evidence.
added
“(4) Limitation—The review board under paragraph (2) may not downgrade a discharge of a former member of the Coast Guard if the same action described in paragraph (2) was considered prior to separation from active duty by an administrative board in determining the characterization of discharge as otherwise provided by law and in accordance with regulations prescribed by the Secretary of the department in which the Coast Guard is operating.
added
“(b) Procedural rights
added
“(1) In general—A review by a board established under section 1553 of title 10 and under part 51 of title 33, Code of Federal Regulations (as in effect on the date of enactment of the Coast Guard Authorization Act of 2025), shall be based on the records of the Coast Guard, and with respect to a member who also served in another one of the armed forces, the records of the armed forces concerned and such other evidence as may be presented to the board.
added
“(2) Evidence by witness—A witness may present evidence to the board in person or by affidavit.
added
“(3) Appearance before board—A person who requests a review under this section may appear before the board in person or by counsel or an accredited representative of an organization recognized by the Secretary of Veterans Affairs under chapter 59 of title 38.
added
“(4) Notification—A former member of the Coast Guard who is subject to a downgrade in discharge characterization review under subsection (b)(3) shall be notified in writing of such proceedings, afforded the right to obtain copies of records and documents relevant to the proceedings, and the right to appear before the board in person or by counsel or an accredited representative of an organization recognized by the Secretary of Veterans Affairs under chapter 59 of title 38.”
(1)
added
In general— Not later than 90 days after the date of enactment of this Act, the Commandant shall initiate a rulemaking to implement this section.
(2)
added
Deadline for regulations— The regulations issued under paragraph (1) shall take effect not later than 180 days after the date on which the Commandant promulgates a final rule pursuant to such paragraph.
(c)
added
Clerical amendment— The analysis for chapter 25 of title 14, United States Code, is further amended by inserting after the item relating to section 2517 (as added by this Act) the following:
Sec. 5409
Convicted sex offender as grounds for denial
added
added
Section 7511(a) of title 46, United States Code, is amended—
(1)
added
in paragraph (1) by striking “or”;
(2)
added
in paragraph (2) by striking “State, local, or Tribal law” and inserting “Federal, State, local, or Tribal law”;
(3)
added
by redesignating paragraph (2) as paragraph (3); and
(4)
added
by inserting after paragraph (1) the following:
added
“(2) section 920 or 920b of title 10 (article 120 and 120b of the Uniform Code of Military Justice); or”
Sec. 5410
Definition of covered misconduct
added
(a)
added
In general— Subchapter I of chapter 25 of title 14, United States Code, is further amended by adding at the end the following:
added
“2519. Covered misconduct defined
added
“In this title, the term “covered misconduct” means—
added
“(1) rape and sexual assault, as described in sections 920(a) and 920(b) of title 10 (articles 120(a) and 120(b) of the Uniform Code of Military Justice);
added
“(2) sexual harassment, as described in Executive Order 14062 dated January 26, 2022, and enumerated under section 934 of title 10 (article 134 of the Uniform Code of Military Justice);
added
“(3) abusive sexual contact and aggravated sexual contact, as described in sections 920(c) and 920(d) of title 10 (articles 120(c) and 120(d) of the Uniform Code of Military Justice);
added
“(4) wrongful broadcast, dissemination, or creation of content as described in sections 917 and 920c of title 10 (articles 117a and 120c of the Uniform Code of Military Justice);
added
“(5) the child pornography offenses as described in section 934 of title 10 (article 134 of the Uniform Code of Military Justice);
added
“(6) rape and sexual assault of a child, other sexual misconduct, and stalking, as described in sections 920b, 920c(a), and 930 of title 10 (articles 120b, 120c, and 130 of the Uniform Code of Military Justice); and
added
“(7) domestic violence, as described in section 928b of title 10 (article 128b of the Uniform Code of Military Justice).”
(b)
added
Clerical amendment— The analysis for chapter 25 of title 14, United States Code, is amended by inserting after the item relating to section 2518 the following:
Sec. 5411
Notification of changes to Uniform Code of Military Justice or Manual for Courts Martial relating to covered misconduct
added
(a)
added
In general— Chapter 51 of title 14, United States Code, is amended by adding at the end the following:
added
“5116. Notification of changes to Uniform Code of Military Justice or Manual for Courts Martial relating to covered misconduct
added
“Beginning on March 30, 2026, and annually thereafter, the Commandant shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives with respect to each of the following:
added
“(1) Whether the Uniform Code of Military Justice (chapter 47 of title 10) has been amended—
added
“(A) to add any sex-related offense as a new article; or
added
“(B) to remove an article relating to covered misconduct described in any of paragraphs (1) through (7) of section 301.
added
“(2) Whether the Manual for Courts Martial has been modified—
added
“(A) to add any sex-related offense as an offense described under an article of the Uniform Code of Military Justice; or
added
“(B) to remove as an offense described under an article of the Uniform Code of Military Justice covered misconduct described in any of paragraphs (1) through (7) of section 301.”
(b)
added
Clerical amendment— The analysis for chapter 51 of title 14, United States Code, is amended by adding at the end the following:
Sec. 5412
Complaints of retaliation by victims of sexual assault or sexual harassment and related persons
added
added
Section 1562a of title 10, United States Code, is amended—
(1)
added
in subsection (a)—
(A)
added
by striking “The Secretary of Defense shall” and inserting the following:
added
“(1) In general—The Secretary of Defense shall”
(B)
added
by adding at the end the following:
added
“(2) Coast Guard—The Secretary of the department in which the Coast Guard is operating shall designate the Commandant of the Coast Guard to be responsible for carrying out the requirements of this section with respect to members of the Coast Guard when the Coast Guard is not operating as a service in the Navy.”
(2)
added
in subsection (b)—
(A)
added
in the matter preceding paragraph (1) by inserting “and the Commandant of the Coast Guard” after “Secretary”;
(B)
added
in paragraph (8) by inserting before the period at the end “or with respect to the Coast Guard, the component designated by the Commandant of the Coast Guard”; and
(C)
added
in paragraph (4) by striking “Department of Defense”; and
(3)
added
in subsection (c)(2)—
(A)
added
in subparagraph (A) by inserting “, the Inspector General of the Department of Homeland Security,” before “or any other inspector general”;
(B)
added
in subparagraph (D) by striking “military” and inserting “armed force”; and
(C)
added
in subparagraph (E) by inserting “or department in which the Coast Guard is operating when not operating as a service in the Navy for members of the Coast Guard” after “Department of Defense”.
Sec. 5413
Development of policies on military protective orders
added
(1)
added
In general— Not later than 180 days after the date of the enactment of this Act, the Commandant shall issue updated policies of the Coast Guard relating to military protective orders that are consistent with the law and policies of the Department of Defense.
(2)
added
Elements— The policies developed under paragraph (1) shall require—
(A)
added
that any denial of a request for a military protective order shall include a written explanation for the denial, which shall be—
(i)
added
forwarded to the next flag officer in the chain of command of the commanding officer or other approving authority who denied the request; and
(ii)
added
provided to the member who submitted the request; and
(B)
added
the recusal of an approving authority from participating in the granting or denying of a military protective order, if such authority was, at any time—
(i)
added
the subject of a complaint of any form of assault, harassment, or retaliation filed by the member requesting the military protective order or the member who is the subject of the military protective order; or
(ii)
added
associated with the member requesting the military protective order or the member who is the subject of the military protective order in a manner that presents as an actual or apparent conflict of interest.
(3)
added
Notification requirement— The Commandant shall develop a policy to ensure that sexual assault response coordinators, victim advocates, and other appropriate personnel shall inform victims of the process by which the victim may request an expedited transfer, a no-contact order, or a military or civilian protective order.
Sec. 5414
Coast Guard implementation of independent review commission recommendations on addressing sexual assault and sexual harassment in the military
added
(a)
added
In general— Not later than 180 days after the date of enactment of this Act, the Commandant shall review the report of the Independent Review Commission titled “Hard Truths and the Duty to Change: Recommendations from the Independent Review Commission on Sexual Assault in the Military” referred to in the memorandum of the Department of Defense titled “Memorandum for Senior Pentagon Leadership Commanders of the Combatant Commands Defense Agency and DoD Field Activity Directors”, dated September 22, 2021, (relating to commencing Department of Defense actions and implementation of the recommendations of the Independent Review Commission to address sexual assault and sexual harassment in the military).
(b)
added
Strategy and action plan— On completion of the review required under subsection (a), and not later than 1 year after the date of enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a strategy and action plan that—
(A)
added
identifies any recommendation set forth in the report by the Independent Review Commission described in subsection (a) that addresses a matter that is not within the jurisdiction of the Coast Guard, does not apply to the Coast Guard, or otherwise would not be beneficial to members of the Coast Guard, as determined by the Commandant; and
(B)
added
includes a brief rationale for such determination; and
(2)
added
with respect to each recommendation set forth in such report that is not identified under paragraph (1), includes—
(i)
added
a detailed action plan for implementation of the recommendation;
(ii)
added
a description of changes the Commandant will make to associated Coast Guard policies so as to enable the implementation of the recommendation;
(iii)
added
an estimated timeline for implementation of the recommendation;
(iv)
added
the estimated cost of the implementation;
(v)
added
legislative proposals for such implementation, as appropriate; and
(vi)
added
any other information the Commandant considers appropriate; or
(B)
added
in the case of such a recommendation that the Commandant is unable to implement, an explanation of the reason the recommendation cannot be implemented.
(c)
added
Briefing— Not later than 90 days after the date of enactment of this Act, and every 180 days thereafter through 2028, the Commandant shall provide the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives with a briefing on the status of the implementation of this section and any modification to the strategy and plan submitted under subsection (b).
Sec. 5415
Policy relating to care and support of victims of covered misconduct
added
(a)
added
In general— Not later than 180 days after the date of enactment of this Act, the Commandant shall issue Coast Guard policy relating to the care and support of members of the Coast Guard who are alleged victims covered misconduct.
(b)
added
Elements— The policy required by subsection (a) shall require, to the maximum extent practicable, that—
(1)
added
a member of the Coast Guard who is an alleged victim of covered misconduct and discloses such covered misconduct to the appropriate individual of the Coast Guard responsible for providing victim care and support—
(A)
added
shall receive care and support from such individual; and
(B)
added
such individual shall not deny or unreasonably delay providing care and support; and
(2)
added
in the case of such an alleged victim to whom care and support cannot be provided by the appropriate individual contacted by the alleged victim based on programmatic eligibility criteria or any other reason that affects the ability of such appropriate individual to provide care and support (such as being stationed at a remote unit or serving on a vessel currently underway) the alleged victim shall receive, with the permission of the alleged victim—
(A)
added
an in-person introduction to appropriate service providers, for which the alleged victim is physically present, which shall occur at the discretion of the alleged victim; and
(B)
added
access to follow-up services from the appropriate 1 or more service providers.
(c)
added
Applicability— The policy issued under subsection (a) shall apply to—
(1)
added
all Coast Guard personnel responsible for the care and support of victims of covered misconduct; and
(2)
added
any other Coast Guard personnel the Commandant considers appropriate.
(d)
added
Revision of policy relating to domestic abuse— Not later than 180 days after the date of enactment of this Act, the Commandant shall issue or revise any Coast Guard policy or process relating to domestic abuse so as to define the term “intimate partner” to have the meaning given such term in section 930 of title 10, United States Code.
(1)
added
In general— All Coast Guard personnel responsible for the care and support of members of the Coast Guard who are alleged victims of covered misconduct shall receive training in accordance with professional standards of practice to ensure that such alleged victims receive adequate care that is consistent with the policy issued under subsection (a).
(2)
added
Elements— The training required by paragraph (1)—
(i)
added
instructions on specific procedures for implementing the policy issued under subsection (a); and
(ii)
added
information on resources and personnel critical for the implementation of such policy; and
(B)
added
to the maximum extent practicable, shall be provided in person.
(f)
added
Covered misconduct— In this section, the term “covered misconduct” shall have the meaning given such term in section 2519 of title 14, United States Code (as added by this Act).
Sec. 5416
Establishment of special victim capabilities to respond to allegations of certain special victim offenses
added
(a)
added
In general— Section 573 of the National Defense Authorization Act for Fiscal Year 2013 (10 U.S.C. 1561 note) is amended—
(1)
added
in subsection (a)—
(A)
added
by inserting “or the Secretary of the department in which the Coast Guard is operating when not operating as a service in the Navy” after “Secretary of Defense”; and
(B)
added
by striking “Secretary of each military department” and inserting “Secretary concerned”;
(2)
added
in subsection (b) by striking “or Air Force Office of Special Investigations” and inserting “, Air Force Office of Special Investigations, or Coast Guard Investigative Services”;
(3)
added
in subsection (c) by inserting “or the Secretary of the department in which the Coast Guard is operating when not operating as a service in the Navy” after “Secretary of Defense”;
(4)
added
in subsection (d)—
(A)
added
in paragraph (1)—
(i)
added
by inserting “or the Commandant of the Coast Guard” after “Secretary of a military department”; and
(ii)
added
by inserting “or the Coast Guard” after “within the military department”;
(B)
added
in paragraph (2) by inserting “or the Coast Guard” after “within a military department”; and
(5)
added
by adding at the end the following:
added
“(h) Time for establishment for Coast Guard—Not later than 120 days after the date of enactment of the Coast Guard Authorization Act of 2025, the Secretary of the department in which the Coast Guard is operating, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing all the items described in subsections (e) and (f) as applied to the Coast Guard.”
(b)
added
Briefing— Not later than 270 days after the date of enactment of this Act, the Commandant shall provide the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives with a briefing on the Commandant’s assessment and implementation, as appropriate, of the recommendations included in the Center for Naval Analyses report titled “Assessing the USCG’s Special Victims’ Counsel Program”, issued in June 2024, including—
(1)
added
the implementation status of each adopted recommendation, as appropriate;
(2)
added
for each adopted recommendation, a description of actions taken to implement such recommendation;
(3)
added
in the case of an adopted recommendation that has not been fully implemented—
(A)
added
a description of actions taken or planned to address such recommendation;
(B)
added
an estimated completion date; and
(C)
added
a description of the milestones necessary to complete the recommendation;
(4)
added
a description of any recommendation that will not be adopted and an explanation of the reason the recommendation will not be adopted;
(5)
added
a description of the metrics and milestones used to ensure completion and effectiveness of each adopted recommendation;
(6)
added
a description of any additional actions the Commandant is taking to improve the efficiency and effectiveness of the Special Victims’ Counsel program of the Coast Guard;
(7)
added
any legislative change proposal necessary to implement the adopted recommendations; and
(8)
added
an overview of any funding or resource necessary to implement each adopted recommendation in a timely and effective manner, including a list of personnel needed for such implementation.
Sec. 5417
Members asserting post-traumatic stress disorder, sexual assault, or traumatic brain injury
added
added
Section 2516 of title 14, United States Code, is amended—
(1)
added
in subsection (a)—
(A)
added
in paragraph (1)—
(i)
added
by striking “or has been sexually assaulted during the preceding 2-year period”; and
(ii)
added
by striking “or based on such sexual assault, the influence of” and inserting “the signs and symptoms of either”;
(B)
added
by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively;
(C)
added
by inserting after paragraph (1) the following:
added
“(2) Mental, behavioral, or emotional disorder—A member of the Coast Guard who has been sexually assaulted during the preceding 5-year period and who alleges, based on such sexual assault, the signs and symptoms of a diagnosable mental, behavioral, or emotional disorder described within the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association—
added
“(A) is provided the opportunity to request a medical examination to clinically evaluate such signs and symptoms; and
added
“(B) receives such a medical examination to evaluate a diagnosis of post-traumatic stress disorder, traumatic brain injury, or diagnosable mental, behavioral, or emotional disorder described within the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.”
(D)
added
in paragraph (3) by striking “paragraph (1)” and inserting “this subsection”; and
(E)
added
in paragraph (4), as so redesignated—
(i)
added
by inserting “or a diagnosable mental, behavioral, or emotional disorder” before “under this subsection”;
(ii)
added
by inserting “performed by” after “shall be”; and
(iii)
added
by striking subparagraphs (A) and (B) and inserting the following:
added
“(A) a board-certified psychiatrist;
added
“(B) a licensed doctorate-level psychologist;
added
“(C) any other appropriate licensed or certified healthcare professional designated by the Commandant; or
added
“(D) a psychiatry resident or board-eligible psychologist who—
added
“(i) has completed a 1-year internship or residency; and
added
“(ii) is under the close supervision of a board-certified psychiatrist or licensed doctorate-level psychologist.”
(2)
added
in subsection (b) by inserting “or a diagnosable mental, behavioral, or emotional disorder” after “traumatic brain injury”; and
(3)
added
by adding at the end the following:
added
“(e) Notification of right to request medical examination
added
“(1) In general—Any member of the Coast Guard who receives a notice of involuntary administrative separation shall be advised at the time of such notice of the right of the member to request a medical examination under subsection (a) if any condition described in such subsection applies to the member.
added
“(2) Policy—The Commandant shall—
added
“(A) develop and issue a clear policy for carrying out the notification required under paragraph (1) with respect to any member of the Coast Guard described in that paragraph who has made an unrestricted report of sexual assault; and
added
“(B) provide information on such policy to sexual assault response coordinators of the Coast Guard for the purpose of ensuring that such policy is communicated to members of the Coast Guard who may be eligible for a medical examination under this section.”
Sec. 5418
Participation in CATCH a Serial Offender program
added
(a)
added
In general— The Secretary of the department in which the Coast Guard is operating when not operating as a service in the Navy, acting through the Commandant, shall ensure the participation of the Coast Guard in the Catch a Serial Offender program (referred to in this section as the “CATCH program”) of the Department of Defense established in accordance with section 543 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291).
(b)
added
Memorandum of understanding— Not later than 60 days after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating and the Secretary of Defense shall finalize a memorandum of agreement to facilitate Coast Guard access to and participation in the CATCH program.
Sec. 5419
Accountability and transparency relating to allegations of misconduct against senior leaders
added
(a)
added
In general— Subchapter I of chapter 25 of title 14, United States Code, is further amended by adding at the end the following:
added
“2520. Accountability and transparency relating to allegations of misconduct against senior leaders
added
“(a) In general—Not later than 90 days after the date of enactment of the Coast Guard Authorization Act of 2025, the Secretary shall establish a policy to improve oversight, investigations, accountability, and public transparency regarding alleged misconduct of senior leaders of the Coast Guard.
added
“(b) Elements—The policy required by subsection (a)—
added
“(1) shall require that—
added
“(A) any allegation of alleged misconduct made against a senior leader of the Coast Guard shall be reported to the Office of the Inspector General of the department in which the Coast Guard is operating not later than 72 hours after the allegation is reported to the Coast Guard or the department in which the Coast Guard is operating; and
added
“(B) the Inspector General of the department in which the Coast Guard is operating shall notify the head of the Coast Guard office in which the senior leader is serving with respect to the receipt of such allegation, or, in a case where the senior leader is the head of such Coast Guard office, the next in the chain of command, as appropriate, except in a case in which the Inspector General determines that such notification would risk impairing an ongoing investigation, would unnecessarily compromise the anonymity of the individual making the allegation, or would otherwise be inappropriate; and
added
“(2) to the extent practicable, shall be consistent with Department of Defense directives, including Department of Defense Directive 5505.06.
added
“(c) First right to exclusive investigation—The Inspector General of the department in which the Coast Guard is operating—
added
“(1) shall have the first right to investigate an allegation described in subsection (b)(1)(A); and
added
“(2) in cases with concurrent jurisdiction involving an allegation described in subsection (b)(1)(A), may investigate such an allegation to the exclusion of any other Coast Guard criminal or administrative investigation if the Inspector General determines that an exclusive investigation is necessary to maintain the integrity of the investigation.
added
“(d) Public availability and broad dissemination—The policy established under subsection (a) shall be made available to the public and incorporated into training and curricula across the Coast Guard at all levels to ensure broad understanding of the policy among members and personnel of the Coast Guard.
added
“(e) Definitions—In this section:
added
“(1) Alleged misconduct—The term “alleged misconduct”—
added
“(A) means a credible allegation that, if proven, would constitute a violation of—
added
“(i) a provision of criminal law, including the Uniform Code of Military Justice (chapter 47 of title 10); or
added
“(ii) a recognized standard, such as the Department of Defense Joint Ethics Regulation or other Federal regulation, including any other Department of Defense regulation and any Department of Homeland Security regulation; or
added
“(B) could reasonably be expected to be of significance to the Secretary or the Inspector General of the department in which the Coast Guard is operating, particularly in a case in which there is an element of misuse of position or of unauthorized personal benefit to the senior official, a family member, or an associate.
added
“(2) Senior leader of the Coast Guard—The term “senior leader of the Coast Guard” means—
added
“(A) an active duty, retired, or reserve officer of the Coast Guard in the grade of O–7 or higher;
added
“(B) an officer of the Coast Guard selected for promotion to the grade of O–7;
added
“(C) a current or former civilian member of the Senior Executive Service employed by the Coast Guard; or
added
“(D) any civilian member of the Coast Guard whose position is deemed equivalent to that of a member of the Senior Executive Service, as determined by the Office of the Inspector General of the department in which the Coast Guard is operating, in concurrence with the Secretary acting through the Commandant.”
(b)
added
Clerical amendment— The analysis for chapter 25 of title 14, United States Code, is further amended by inserting after the item relating to section 2519 (as added by this Act) the following:
Sec. 5420
Confidential reporting of sexual harassment
added
added
Section 1561b of title 10, United States Code, is amended—
(1)
added
in subsection (a)—
(A)
added
by inserting “and the Secretary of the department in which the Coast Guard is operating when not operating as a service in the Navy” after “Secretary of Defense”; and
(B)
added
by inserting “or the Commandant” after “Secretary of a military department”;
(2)
added
in subsection (c)—
(A)
added
by inserting “or the Secretary of the department in which the Coast Guard is operating when not operating as a service in the Navy” after “Secretary of Defense”; and
(B)
added
in paragraph (1) by inserting “departments or the Commandant” after “Secretaries of the military”; and
(3)
added
by adding at the end the following:
added
“(e) Reports for the Coast Guard
added
“(1) In general—Not later than April 30, 2025, and April 30 every 2 years thereafter, the Secretary of the department in which the Coast Guard is operating shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing data on the complaints of sexual harassment alleged pursuant to the process under subsection (a) during the previous 2 calendar years.
added
“(2) Personally identifiable information—Any data on complaints described in paragraph (1) shall not contain any personally identifiable information.”
Sec. 5421
Report on policy on whistleblower protections
added
(a)
added
In general— Not later than 90 days after the date of enactment of this Act, the Commandant shall submit to the Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the policy of the Coast Guard on whistleblower protections.
(b)
added
Elements— The report required by subsection (a) shall include the following:
(1)
added
A discussion of the policy of the Coast Guard as of the date of enactment of this Act with respect to—
(A)
added
whistleblower protections;
(B)
added
accountability measures for reprisal against whistleblowers;
(C)
added
the applicable professional standards and potential types of support provided to whistleblowers by members of the Coast Guard personnel, such as the members in the Coast Guard Investigative Service; and
(D)
added
the content and frequency of training provided to members of the Coast Guard on active duty, members of the Coast Guard Reserve, and civilian personnel of the Coast Guard with respect to the applicable professional standards and potential types of support offered to whistleblowers.
(2)
added
A description of the responsibilities of commanders and equivalent civilian supervisors with respect to whistleblower complaints and measures used by the Coast Guard to ensure compliance with such responsibilities, such as—
(A)
added
the mechanisms to ensure that—
(i)
added
any such commander complies with section 1034 of title 10, United States Code, including subsection (a)(1) of that section;
(ii)
added
any such equivalent civilian supervisor complies with section 2302 of title 5, United States Code; and
(iii)
added
any such commander or supervisor protects the constitutional right of whistleblowers to speak with Members of Congress;
(B)
added
actions to be taken against any a commander or equivalent civilian supervisor who fails to act on a whistleblower complaint or improperly interferes with a whistleblower after a complaint is filed or during the preparation of a complaint;
(C)
added
the role of Coast Guard attorneys in ensuring that such commanders comply with responsibilities under section 1034 of title 10, United States Code; and
(D)
added
the role of Coast Guard civilian attorneys and administrative law judges in ensuring that such civilian supervisors comply with responsibilities under section 2302 of title 5, United States Code.
(3)
added
A discussion of the availability of Coast Guard staff, including civilian staff, assigned to providing, in accordance with professional standards or practice, behavioral health care to whistleblowers, including—
(A)
added
the number and type of such staff;
(B)
added
a description of the specific care responsibilities of such staff;
(C)
added
an identification of any limitation existing as of the date of enactment of this Act to the provision of such care;
(D)
added
a description of any plan to increase capacity of such staff to provide such care, as applicable; and
(E)
added
a description of any additional resources necessary to provide such care.
(4)
added
An assessment of the manner in which the policies discussed in paragraph (1), the responsibilities of commanders and civilian supervisors described in paragraph (2), and the availability of Coast Guard staff as discussed in paragraph (3) apply specifically to cadets and leadership at the Coast Guard Academy.
(5)
added
Recommendations (including, as appropriate, proposed legislative changes and a plan to publish in the Federal Register not later than 180 days after the date of enactment of this Act a request for information seeking public comment and recommendations) of the Commandant regarding manners in which Coast Guard policies and procedures may be strengthened—
(A)
added
to prevent whistleblower discrimination and harassment;
(B)
added
to better enforce prohibitions on retaliation, including reprisal, restriction, ostracism, and maltreatment, set forth in section 1034 of title 10, United States Code, and section 2302 of title 5, United States Code; and
(C)
added
to hold commanding officers and civilian supervisors accountable for enforcing and complying with prohibitions on any form of retaliation described in such section.
Sec. 5422
Review and modification of Coast Guard Academy policy on sexual harassment and sexual violence
added
(a)
added
In general— The Superintendent of the Coast Guard Academy (referred to in this section as the “Superintendent”) shall—
(1)
added
not later than 60 days after the date of the enactment of this Act, commence a review of the Coast Guard Academy policy on sexual harassment and sexual violence established in accordance with section 1902 of title 14, United States Code, that includes an evaluation as to whether any long-standing Coast Guard Academy tradition, system, process, or internal policy impedes the implementation of necessary evidence-informed best practices followed by other military service academies in prevention, response, and recovery relating to sexual harassment and sexual violence; and
(2)
added
not later than 180 days after the date of the enactment of this Act—
(A)
added
complete such review; and
(B)
added
modify such policy in accordance with subsection (b).
(b)
added
Modifications to policy— In modifying the Coast Guard Academy policy on sexual harassment and sexual violence referred to in subsection (a), the Superintendent shall ensure that such policy includes the following:
(1)
added
Each matter required to be specified by section 1902(b) of title 14, United States Code.
(2)
added
Updates to achieve compliance with chapter 47 of title 10, United States Code (Uniform Code of Military Justice).
(3)
added
A description of the roles and responsibilities of staff of the Coast Guard Academy Sexual Assault Prevention, Response, and Recovery program, including—
(A)
added
the Sexual Assault Response Coordinator;
(B)
added
the Victim Advocate Program Specialist;
(C)
added
the Volunteer Victim Advocate; and
(D)
added
the Primary Prevention Specialist, as established under subsection (c).
(4)
added
A description of the role of the Coast Guard Investigative Service with respect to sexual harassment and sexual violence prevention, response, and recovery at the Coast Guard Academy.
(5)
added
A description of the role of support staff at the Coast Guard Academy, including chaplains, with respect to sexual harassment and sexual violence prevention, response, and recovery.
(6)
added
Measures to promote awareness of dating violence.
(7)
added
A delineation of the relationship between—
(A)
added
cadet advocacy groups organized for the prevention of, response to, and recovery from sexual harassment and sexual violence, including Cadets Against Sexual Assault; and
(B)
added
the staff of the Coast Guard Academy Sexual Assault Prevention, Response, and Recovery program.
(8)
added
A provision that requires cadets and Coast Guard Academy personnel to participate in not fewer than one in-person training each academic year on the prevention of, responses to, and resources relating to incidents of sexual harassment and sexual violence, to be provided by the staff of the Coast Guard Academy Sexual Assault Prevention, Response, and Recovery program.
(9)
added
The establishment, revision, or expansion, as necessary, of an anti-retaliation Superintendent’s Instruction for cadets who—
(A)
added
report incidents of sexual harassment or sexual violence;
(B)
added
participate in cadet advocacy groups that advocate for the prevention of, response to, and recovery from sexual harassment and sexual violence; or
(C)
added
seek assistance from a company officer, company senior enlisted leader, athletic coach, or other Coast Guard Academy staff member with respect to a mental health or other medical emergency.
(10)
added
A provision that explains the purpose of and process for issuance of a no-contact order at the Coast Guard Academy, including a description of the manner in which such an order shall be enforced.
(11)
added
A provision that explains the purpose of and process for issuance of a military protective order at the Coast Guard Academy, including a description of—
(A)
added
the manner in which such an order shall be enforced; and
(B)
added
the associated requirement to notify the National Criminal Information Center of the issuance of such an order.
(c)
added
Primary prevention specialist— Not later than 180 days after the date of the enactment of this Act, the Superintendent shall hire a Primary Prevention Specialist, to be located and serve at the Coast Guard Academy.
(d)
added
Temporary leave of absence To receive medical services and mental health and related support services— The Superintendent shall ensure that the Academy’s policy regarding a cadet who has made a restricted or unrestricted report of sexual harassment to request a leave of absence from the Coast Guard Academy is consistent with other military service academies.
Sec. 5423
Coast Guard and Coast Guard Academy access to defense sexual assault incident database
added
(a)
added
Memorandum of understanding— Not later than 180 days after the date of enactment of this Act, the Commandant, in consultation with the Secretary of Defense, shall enter into a memorandum of understanding to enable the criminal offender case management and analytics database of the Coast Guard to have system interface access with the Defense Sexual Assault Incident Database (referred to in this section as the “Database”) established by section 563 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. 1561 note).
(1)
added
In general— Not later than 60 days after entering into the memorandum of understanding required under subsection (a), the Commandant, in consultation with the Secretary of Defense, shall submit to the appropriate committees of Congress a plan to carry out the terms of such memorandum.
(2)
added
Elements— The plan required under paragraph (1) shall include the following:
(A)
added
Measures to ensure that authorized staff of the Coast Guard have system interface access to the Database, and a description of any barrier to such access.
(B)
added
Measures to ensure that authorized staff of the Coast Guard Academy have system interface access to the Database, and a description of any barrier to such access that is unique to the Coast Guard Academy.
(C)
added
Measures to facilitate formal or informal communication between the Coast Guard and the Sexual Assault Prevention and Response Office of the Department of Defense, or any other relevant Department of Defense component, to identify or seek a resolution to barriers to Database access.
(D)
added
A description of the steps, measures, and improvements necessary to remove any barrier encountered by staff of the Coast Guard or the Coast Guard Academy in accessing the Database, including any failure of system interface access necessitating manual entry of investigative data.
(E)
added
An assessment of the technical challenges, timeframes, and costs associated with providing authorized staff of the Coast Guard and the Coast Guard Academy with system interface access for the Database that is substantially similar to such system interface access possessed by other branches of the Armed Forces.
(3)
added
Appropriate committees of congress defined— In this subsection, the term “appropriate committees of Congress” means—
(A)
added
the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate; and
(B)
added
the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives.
Sec. 5424
Director of Coast Guard Investigative Service
added
(a)
added
In general— Chapter 3 of title 14, United States Code, is amended by adding at the end the following:
added
“325. Director of Coast Guard Investigative Service
added
“(a) In general—There shall be a Director of the Coast Guard Investigative Service.
added
“(b) Chain of command—The Director of the Coast Guard Investigative Service shall report directly to and be under the general supervision of the Commandant, acting through the Vice Commandant of the Coast Guard.”
(b)
added
Clerical amendment— The analysis for Chapter 3 of title 14, United States Code, is amended by inserting after the item relating to section 324 the following:
Sec. 5425
Modifications and revisions relating to reopening retired grade determinations
added
(a)
added
In general— Section 2501(d)(2) of title 14, United States Code, is amended—
(1)
added
in subparagraph (B) by inserting “a” before “competent authority”;
(2)
added
by redesignating subparagraphs (C) through (E) as subparagraphs (F) through (H), respectively; and
(3)
added
by inserting after subparagraph (B) the following:
added
“(C) substantial evidence comes to light that, during the commissioned service of the officer, the officer failed to carry out applicable laws, with an intent to deceive or defraud;
added
“(D) substantial evidence comes to light after the retirement that the officer committed rape or sexual assault, as described in sections 920(a) and 920(b) of title 10 (articles 120(a) and 120(b) of the Uniform Code of Military Justice) at any time during the commissioned service of the officer;
added
“(E) substantial evidence comes to light after the retirement that the commissioned officer knew of and failed to report through proper channels, in accordance with existing law at the time of the alleged incident, any known instances of sexual assault by a member of the Coast Guard under the command of the officer during the officer’s service;”
(b)
added
Issuance and revision of regulations relating to good cause To reopen retired grade determinations— Not later than 180 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall issue or revise, as applicable, and at the discretion of the Secretary consistent with this section, regulations of the Coast Guard to do the following:
(1)
added
Define what constitutes good cause to reopen a retired grade determination referred to in subparagraph (H) of section 2501(d)(2) of title 14, United States Code, as redesignated by subsection (a), to ensure that the following shall be considered good cause for such a reopening:
(A)
added
Circumstances that constitute a failure to carry out applicable laws regarding a report of sexual assault with an intent to deceive by a commissioned officer, that relate to a response made to a report of sexual assault, during the commissioned service of the officer.
(B)
added
Substantial evidence of sexual assault by the commissioned officer concerned, at any time during the commissioned service of such officer, or such evidence that was not considered by the Coast Guard in a manner consistent with law.
(2)
added
Identify the standard for making, and the evidentiary showing required to support, an adverse determination on the retired grade of a commissioned officer.
(c)
added
Revision of limitations on reopening retired grade determinations— Not later than 180 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall revise applicable guidance in section K.10 of chapter 3 of Commandant Instruction 1000.4A to remove any restriction that limits the ability to reopen the retired grade of a commissioned officer based on—
(1)
added
whether new evidence is discovered contemporaneously with or within a short time period after the date of retirement of the officer concerned; and
(2)
added
whether the misconduct concerned was not discoverable through due diligence.
(d)
added
Savings clause— No provision of this section or the amendments made by this section shall be construed to permit a review of conduct that was not in violation of law or policy at the time of the alleged conduct.
Sec. 5426
Inclusion and command review of information on covered misconduct in personnel service records
added
(a)
added
In general— Chapter 25 of title 14, United States Code, is amended—
(1)
added
in subchapter II, by redesignating section 2521 as section 2531; and
(2)
added
in subchapter I, as amended by this Act, by adding at the end the following:
added
“2521. Inclusion and command review of information on covered misconduct in personnel service records
added
“(a) Information on reports on covered misconduct
added
“(1) In general—If a complaint of covered misconduct is made against a member of the Coast Guard and the member is convicted by court-martial or receives nonjudicial punishment or punitive administrative action for such covered misconduct, a notation to that effect shall be placed in the personnel service record of the member, regardless of the grade of the member.
added
“(2) Purpose—The purpose of the inclusion of information in personnel service records under paragraph (1) is to alert supervisors and commanders to any member of their command who has received a court-martial conviction, nonjudicial punishment, or punitive administrative action for covered misconduct in order—
added
“(A) to reduce the likelihood that repeat offenses will escape the notice of supervisors and commanders; and
added
“(B) to help inform commissioning or promotability of the member;
added
“(3) Limitation on placement—A notation under paragraph (1) may not be placed in the restricted section of the personnel service record of a member.
added
“(4) Construction—Nothing in this subsection may be construed to prohibit or limit the capacity of a member of the Coast Guard to challenge or appeal the placement of a notation, or location of placement of a notation, in the personnel service record of the member in accordance with procedures otherwise applicable to such challenges or appeals.
added
“(b) Command review of history of covered misconduct
added
“(1) In general—Under policy to be prescribed by the Secretary, the commanding officer of a unit or facility to which a covered member is assigned or transferred shall review the history of covered misconduct as documented in the personnel service record of a covered member in order to become familiar with such history of the covered member.
added
“(2) Covered member defined—In this subsection, the term “covered member” means a member of the Coast Guard who, at the time of assignment or transfer as described in paragraph (1), has a history of 1 or more covered misconduct offenses as documented in the personnel service record of such member or such other records or files as the Commandant shall specify in the policy prescribed under subparagraph (A).
added
“(c) Review of personnel service record to determine suitability for civilian employment—Under policy to be prescribed by the Secretary, the Commandant shall establish procedures that are consistent with the law, policies, and practices of the Department of Defense in effect on the date of enactment of the Coast Guard Authorization Act of 2025 to consider and review the personnel service record of a former member of the Armed Forces to determine the suitability of the individual for civilian employment in the Coast Guard.”
(b)
added
Clerical amendment— The analysis for chapter 25 of title 14, United States Code, is amended—
(1)
added
by striking the item relating to section 2521 and inserting the following:
(2)
added
by inserting after the item relating to section 2520 (as added by this Act) the following:
Sec. 5427
Flag officer review of, and concurrence in, separation of members who have reported sexual misconduct
added
(a)
added
Policy To require review of certain proposed involuntary separations— Not later than 120 days after the date of enactment of this Act, the Commandant shall establish, with respect to any proposed involuntary separation under chapter 59 of title 10, United States Code, a Coast Guard policy to review the circumstances of, and grounds for, such a proposed involuntary separation of any member of the Coast Guard who—
(1)
added
made a restricted or unrestricted report of covered misconduct (as such term is defined in section 2519 of title 14, United States Code);
(2)
added
within 2 years after making such a report, is recommended for involuntary separation from the Coast Guard; and
(3)
added
requests the review on the grounds that the member believes the recommendation for involuntary separation from the Coast Guard was initiated in retaliation for making the report.
(1)
added
In general— The policy established under subsection (a) shall set forth a process for the recusal of commanding officers and the flag officer described in subsection (c)(2) from making initial or subsequent decisions on proposed separations or from reviewing proposed separations.
(2)
added
Criteria— The recusal process established under paragraph (1) shall specify criteria for recusal, including mandatory recusal from making a decision on a proposed separation, and from reviewing a proposed separation, if the commanding officer or the flag officer described in subsection (c)(2) was, at any time—
(A)
added
the subject of a complaint of any form of assault, harassment, or retaliation, filed by the member of the Coast Guard described in subsection (a) who is the subject of a proposed involuntary separation or whose proposed separation is under review; or
(B)
added
associated with the individual suspected or accused of perpetrating the incident of covered misconduct reported by such member.
(c)
added
Concurrence of flag officer required—
(1)
added
In general— The policy established under subsection (a) shall require the concurrence of the flag officer described in paragraph (2) in order to separate the member of the Coast Guard described in such subsection.
(2)
added
Flag officer described—
(A)
added
In general— Except as provided in subparagraph (B), the flag officer described in this paragraph is—
(i)
added
the Deputy Commandant for Mission Support or the successor Vice Admiral that oversees personnel policy; or
(ii)
added
a designee of the Deputy Commandant for Mission Support (or the successor Vice Admiral that oversees personnel policy) who is in a grade not lower than O–7.
(B)
added
Chain of command exception— In the case of a member of the Coast Guard described in subsection (a) who is in the immediate chain of command of the Deputy Commandant for Mission Support or the successor Vice Admiral that oversees personnel policy or the designee of the Deputy Commandant for Mission Support or the successor Vice Admiral that oversees personnel policy, the flag officer described in this paragraph is a flag officer outside the chain of command of such member, as determined by the Commandant consistent with the policy established under subsection (a).
(d)
added
Notification required— Any member of the Coast Guard who has made a report of covered misconduct and who receives a proposal for involuntary separation shall be notified at the time of such proposal of the right of the member to a review under this section.
Sec. 5428
Expedited transfer in cases of sexual misconduct or domestic violence
added
(a)
added
Expedited transfer policy update— Not later than 180 days after the date of enactment of this Act, the Commandant shall update Coast Guard policy as necessary to implement—
(1)
added
an expedited transfer process for covered individuals consistent with—
(A)
added
Department of Defense policy on expedited transfers of victims of sexual assault or domestic violence in place on the date of enactment of this Act; and
(B)
added
subsection (b); and
(2)
added
a process by which—
(A)
added
a covered individual, the commanding officer of a covered individual, or any other Coast Guard official may initiate a request that a subject be administratively assigned to another unit in accordance with military assignments and authorized absence policy for the duration of the investigation and, if applicable, prosecution of such subject;
(B)
added
the Coast Guard shall ensure that any administrative assignment action in response to a request under subparagraph (A) will be taken not as a punitive measure, but solely for the purpose of maintaining good order and discipline within the unit of the covered individual or the subject; and
(C)
added
protection of due process for the subject is preserved.
(b)
added
Recusal— The expedited transfer process implemented under this section shall require the recusal of any official involved in the approval or denial of an expedited transfer request if the official was, at any time—
(1)
added
the subject of a complaint of any form of assault, harassment, or retaliation, or any other type of complaint, filed by the covered individual; or
(2)
added
associated, beyond workplace interactions, with the subject in a manner that may present an actual or apparent conflict of interest.
(c)
added
Notification requirement— With respect to a member of the Coast Guard who makes an unrestricted report of sexual assault or a report of domestic violence, the updated policy required under subsection (a) shall specify the appropriate officials of the Coast Guard who shall provide such member with information regarding expedited transfer authority.
(1)
added
Initial report— Not later than March 1 of the year that is not less than 1 year after the date on which the updates required under subsection (a) are completed, 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, as an enclosure or appendix to the report required by section 5112 of title 14, United States Code, a report on such updates that includes—
(A)
added
a copy of the updated policies of the Coast Guard relating to expedited transfers;
(B)
added
a summary of such updated policies;
(C)
added
for the preceding year, the number of covered individuals who have requested an expedited transfer, disaggregated by gender of the requester and whether the request was granted or denied;
(D)
added
for each denial of an expedited transfer request during the preceding year, a description of the rationale for the denial; and
(E)
added
any other matter the Commandant considers appropriate.
(2)
added
Subsequent reports— Not later than 1 year after the Commandant submits the report required under paragraph (1), and annually thereafter for 3 years, 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, as an enclosure or appendix to the report required by section 5112 of title 14, United States Code, a report on the updates required under subsection (a) that includes—
(A)
added
any policies of the Coast Guard relating to expedited transfers that have been updated since the previous report submitted under this subsection;
(B)
added
a summary of any such updated policies; and
(C)
added
the information described under subparagraphs (C) through (E) of paragraph (1).
(e)
added
Definitions— In this section:
(1)
added
Covered individual— The term “covered individual” means—
(A)
added
a member of the Coast Guard who is a victim of sexual assault in a case handled under the Sexual Assault Prevention, Response, and Recovery Program or the Family Advocacy Program;
(B)
added
a member of the Coast Guard who is a victim of domestic violence (as defined by the Secretary of the department in which the Coast Guard is operating in the policies prescribed under this section) committed by the spouse or intimate partner of the member, regardless of whether the spouse or intimate partner is a member of the Coast Guard; and
(C)
added
a member of the Coast Guard whose dependent is a victim of sexual assault or domestic violence.
(2)
added
Subject— The term “subject” means a member of the Coast Guard who is the subject of an investigation related to alleged incidents of sexual assault or domestic violence and is stationed at the same installation as, or in close proximity to, the covered individual involved.
Sec. 5429
Access to temporary separation program for victims of alleged sex-related offenses
added
(a)
added
In general— Not later than 180 days after the date of enactment of this Act, the Commandant shall update the Coast Guard policy relating to temporary separation of members of the Coast Guard who are victims of alleged sex-related offenses as required under subsection (b).
(b)
added
Eligibility— The updated policy required under subsection (a) shall include—
(1)
added
a provision that allows a member of the Coast Guard to request to participate in the temporary separation program if the member has reported, in an unrestricted format or to the greatest extent practicable, a restricted format, being the victim of an alleged sex-related offense on a date that is during—
(A)
added
the 5-year period preceding the requested date of separation; and
(B)
added
the military service of the member;
(2)
added
a provision that provides eligibility for a member of the Coast Guard to request temporary separation if the member has reported being the victim of an alleged sex-related offense, even if—
(A)
added
the member has had a previous temporary separation including a previous temporary separation as the victim of a previous unrelated alleged sex-related offense; or
(B)
added
the enlistment period of the member is not nearing expiration or the tour or contract of the member is not nearing completion;
(3)
added
an updated standard of review consistent with the application of, and purposes of, this section; and
(4)
added
the establishment of a process—
(A)
added
for eligible members to make requests for temporary separation under this section; and
(B)
added
that allows the Commandant to consider whether to allow a member granted temporary separation under this section to fulfill the enlistment period or tour or contract obligation of the member after the end of the temporary separation period.
(c)
added
Exception from repayment of bonuses, incentive pay, or similar benefits and termination of remaining payments— For any temporary separation granted under the updated policy required under subsection (a), the Secretary concerned may conduct a review to determine whether to exercise discretion in accordance with section 373(b)(1) of title 37, United States Code.
(d)
added
Definitions— In this section:
(1)
added
Secretary concerned— The term “Secretary concerned” has the meaning given such term in section 101 of title 37, United States Code.
(2)
added
Sex-related offense— The term “sex-related offense” has the meaning given such term in section 1044e(h) of title 10, United States Code.
Sec. 5430
Policy and program to expand prevention of sexual misconduct
added
(a)
added
In general— Not later than 180 days after the date of enactment of this Act, the Commandant shall develop and issue a comprehensive policy for the Coast Guard to reinvigorate the prevention of misconduct involving members and civilians of the Coast Guard that contains the policy elements described in section 1561 of title 10, United States Code.
(b)
added
Programs required— Not later than 180 days after the issuance of the policy required under paragraph (1), the Commandant shall develop and implement for the Coast Guard a program to reinvigorate the prevention of misconduct involving members and civilians of the Coast Guard.
Sec. 5431
Continuous vetting of security clearances
added
added
Section 1564(c) of title 10, United States Code, is amended—
(1)
added
in paragraph (1)—
(A)
added
in the matter preceding subparagraph (A) by inserting “, and the Secretary of Homeland Security shall conduct an investigation or adjudication under subsection (a) of any individual described in paragraph (3),” after “paragraph (2)”; and
(B)
added
in subparagraph (A)(iv) by striking “the Secretary” and inserting “the Secretary of Defense or the Secretary of Homeland Security, as the case may be,”;
(2)
added
in paragraph (2) by inserting “(other than an individual described in paragraph (3))” after “is an individual”;
(3)
added
by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively;
(4)
added
by inserting after paragraph (2) the following new paragraph:
added
“(3) An individual described in this paragraph is an individual who has a security clearance and is—
added
“(A) a flag officer of the Coast Guard; or
added
“(B) an employee of the Coast Guard in the Senior Executive Service.”
(5)
added
in paragraph (4), as redesignated by paragraph (3), by striking “Secretary” and all that follows through “paragraph (2)” and inserting the following: “Secretary of Defense, in the case of an individual described in paragraph (2), and the Secretary of Homeland Security, in the case of an individual described in paragraph (3), shall ensure that relevant information on the conviction or determination described in paragraph (1) of such an individual”.
Sec. 5432
Training and education programs for covered misconduct prevention and response
added
(a)
added
Modification of curriculum—
(1)
added
In general— Not later than 2 years after the date of enactment of this Act, the Commandant shall revise the curriculum of the Coast Guard with respect to covered misconduct prevention and response training—
(i)
added
information on procedures and responsibilities with respect to reporting requirements, investigations, survivor health and safety (including expedited transfers, no-contact orders, military and civilian protective orders, and temporary separations), and whistleblower protections;
(ii)
added
information on Department of Veterans Affairs resources available to veterans, active-duty personnel, and reserve personnel;
(iii)
added
information on the right of any member of the Coast Guard to seek legal resources outside the Coast Guard;
(iv)
added
general information regarding the availability of legal resources provided by civilian legal services organizations, presented in an organized and consistent manner that does not endorse any particular legal services organization; and
(v)
added
information on the capability, operations, reporting structure, and requirements with respect to the Chief Prosecutor of the Coast Guard; and
(B)
added
to address the workforce training recommendations set forth in the memorandum of the Coast Guard titled “Commandant’s Directed Actions—Accountability and Transparency”, issued on November 27, 2023.
(2)
added
Collaboration— In revising the curriculum under this subsection, the Commandant shall solicit input from individuals outside the Coast Guard who are experts in sexual assault and sexual harassment prevention and response training.
(b)
added
Covered misconduct prevention and response training and education—
(1)
added
In general— Not later than 1 year after the date of enactment of this Act, the Commandant shall ensure that all members and civilian employees of the Coast Guard are provided with annual covered misconduct prevention and response training and education for the purpose of strengthening individual knowledge, skills, and capacity relating to the prevention of and response to covered misconduct.
(2)
added
Scope— The training and education referred to in paragraph (1)—
(A)
added
shall be provided as part of—
(i)
added
initial entry and accession training;
(ii)
added
annual refresher training;
(iii)
added
initial and recurring training courses for covered first responders;
(iv)
added
new and prospective commanding officer and executive officer training; and
(v)
added
specialized leadership training; and
(B)
added
shall be tailored for specific leadership levels, positions, pay grades, and roles.
(3)
added
Content— The training and education referred to in paragraph (1) shall include the information described in subsection (a)(1)(A).
(c)
added
Covered first responder training—
(1)
added
In general— Not later than 2 years after the date of enactment of this Act, the Commandant shall ensure that—
(A)
added
training for covered first responders includes the covered misconduct prevention and response training described in subsection (b); and
(B)
added
such covered misconduct prevention and response training is provided to covered first responders on a recurring basis.
(2)
added
Requirements— In addition to the information described in subsection (a)(1)(A), the initial and recurring covered misconduct prevention and response training for covered first responders shall include information on procedures and responsibilities with respect to—
(A)
added
the provision of care to a victim of covered misconduct, in accordance with professional standards or practice, that accounts for trauma experienced by the victim and associated symptoms or events that may exacerbate such trauma; and
(B)
added
the manner in which such a victim may receive such care.
(d)
added
Training for prospective commanding officers and executive officers—
(1)
added
In general— Not later than 18 months after the date of enactment of this Act, the Commandant shall ensure that training for prospective commanders and executive officers at all levels of command includes the covered misconduct prevention and response training described in subsection (b).
(2)
added
Requirements— In addition to the information described in subsection (a)(1)(A), the covered misconduct prevention and response training for prospective commanding officers and executive officers shall be—
(A)
added
tailored to the responsibilities and leadership requirements of members of the Coast Guard as they are assigned to command positions; and
(B)
added
revised, as necessary, to include information on—
(i)
added
fostering a command climate—
(I)
added
that does not tolerate covered misconduct;
(II)
added
in which individuals assigned to the command are encouraged to intervene to prevent potential incidents of covered misconduct; and
(III)
added
that encourages victims of covered misconduct to report any incident of covered misconduct;
(ii)
added
the possible variations in the effect of trauma on individuals who have experienced covered misconduct;
(iii)
added
potential differences in the procedures and responsibilities, Department of Veterans Affairs resources, and legal resources described in subsection (a)(1)(A) depending on the operating environment in which an incident of covered misconduct occurred;
(iv)
added
the investigation of alleged incidents of covered misconduct, including training on understanding evidentiary standards;
(v)
added
available disciplinary options, including administrative action and deferral of discipline for collateral misconduct, and examples of disciplinary options in civilian jurisdictions; and
(vi)
added
the capability, operations, reporting structure, and requirements with respect to the Chief Prosecutor of the Coast Guard.
(e)
added
Entry and accession trainings—
(1)
added
Initial training—
(A)
added
In general— Not later than 1 year after the date of enactment of this Act, the Commandant shall provide for the inclusion of an initial covered misconduct prevention and response training module in the training for each new member of the Coast Guard, which shall be provided not later than 14 duty days after the date of accession.
(B)
added
Requirement— In addition to the information described in subsection (a)(1)(A), the initial training module referred to in subparagraph (A) shall include a comprehensive explanation of Coast Guard—
(i)
added
policy with respect to covered misconduct; and
(ii)
added
procedures for reporting covered misconduct.
(2)
added
Subsequent training—
(A)
added
In general— The Commandant shall provide for the inclusion of a detailed covered misconduct prevention and response training module in the training for each new member of the Coast Guard, which shall be provided not later than 60 duty days after the date on which the initial training module described in paragraph (1)(A) is provided.
(B)
added
Content— The detailed training module referred to in subparagraph (A) shall include the information described in subsection (a)(1)(A).
(f)
added
Definitions— In this section:
(1)
added
Covered first responder— The term covered first responder includes sexual assault response coordinators, victim advocates, Coast Guard medical officers, Coast Guard security forces, Coast Guard Investigative Service agents, judge advocates, special victims’ counsel, chaplains, and related personnel.
(2)
added
Covered misconduct— The term “covered misconduct” has the meaning given such term in section 2519 of title 14, United States Code.
Sec. 5501
Comptroller General report on Coast Guard research, development, and innovation program
added
(a)
added
In general— Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the state of the research, development, and innovation program of the Coast Guard during the 5-year period ending on such date of enactment.
(b)
added
Elements— The report required by subsection (a) shall include the following:
(1)
added
An evaluation and description of the process for selecting projects to be carried out under the research, development, and innovation program of the Coast Guard.
(2)
added
An analysis of the manner in which funding needs are determined and requested for such program, and for the activities and projects of such program, in alignment with the appropriate fiscal year.
(3)
added
An assessment of the manner in which the Coast Guard determines desired outcomes, and measures the impact, of successful projects on the execution of the operations and mission of the Coast Guard.
(4)
added
An assessment of the manner in which the Coast Guard evaluates impacts and benefits of partnerships between the Coast Guard and the Department of Defense and other entities, and a description of the extent to which and manner in which the Coast Guard is leveraging such benefits and identifying and managing any potential challenge.
(5)
added
An analysis of the manner in which the Commandant is working with partners to accelerate project transition from research, testing, evaluation, and prototype to production.
(6)
added
An assessment of the manner in which the authority to enter into transactions other than contracts and grants pursuant to sections 719 and 1158 of title 14, United States Code, has been exercised by the Commandant, and a description of any training or resources necessary (including additional agreements for officers and training) to more fully exercise such authority.
(7)
added
An evaluation of the role of the Blue Tech Center of Expertise established in section 302 of the Coast Guard Blue Technology Center of Expertise Act (Public Law 115–265).
(8)
added
Recommendations regarding authorization, personnel, infrastructure, and other requirements necessary for the expeditious transition of technologies developed under such program from prototype to production in the field.
(c)
added
Consultation— In developing the report required under subsection (a), the Comptroller General may consult with—
(1)
added
the maritime and aviation industries;
(2)
added
the Secretary of Defense;
(3)
added
the intelligence community; and
(A)
added
federally funded research institutions;
(B)
added
nongovernmental organizations; and
(C)
added
institutions of higher education.
Sec. 5502
Comptroller General study on vessel traffic service center employment, compensation, and retention
added
(a)
added
Definition of vessel traffic service center— In this section, the term “vessel traffic service center” has the meaning given the term in section 70001(m) of title 46, United States Code.
(b)
added
In general— Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall commence a study on employment compensation, competitiveness, assignment, and retention of civilian and military personnel assigned to or otherwise employed at vessel traffic service centers in the United States.
(c)
added
Elements— The study required under subsection (b) shall include the following:
(1)
added
An assessment of the extent to which the classification, assignment, selection, and pay rates of personnel assigned to or otherwise employed at vessel traffic service centers are commensurate with the required experience, duties, safety functions, and responsibilities of such positions.
(2)
added
An assessment of the appropriate classification, assignment, selection, and pay rate, as well as nonmonetary employment incentives, that would foster a robust and competitive civilian candidate pool for employment opportunities in civilian positions at vessel traffic service centers.
(3)
added
An analysis of the average civilian employment retention rate and average term of employment of civilian personnel, by position, at vessel traffic service centers.
(4)
added
An analysis of existing special payments, as discussed in the report by the Government Accountability Office entitled “Federal Pay: Opportunities Exist to Enhance Strategic Use of Special Payments” (published December 7, 2017; GAO–18–91), that may be available to personnel assigned to or otherwise employed at vessel traffic service centers.
(5)
added
An evaluation of all assignment parameters and civilian hiring authority codes used by the Coast Guard in assigning and hiring personnel assigned to or otherwise employed at vessel traffic service centers.
(6)
added
An analysis of whether opportunities exist to refine, consolidate, or expand Coast Guard civilian hiring authorities for purposes of hiring personnel at the vessel traffic service centers.
(7)
added
An assessment of the ability of the composition, as in effect on the first day of the study, of military and civilian personnel assigned to or otherwise employed at vessel traffic service centers to ensure safety on the waterways and to manage increasing demand for vessel traffic services, taking into account the ranks and grades of such personnel, the respective experience levels and training of such personnel, and the respective duties, safety functions, and responsibilities of such personnel.
(8)
added
An assessment of, and recommendations to improve, the Coast Guard’s efforts to support the career progression of and advancement opportunities for officers and enlisted members of the Coast Guard assigned to vessel traffic service centers.
(d)
added
Report— Not later than 1 year after commencing the study required under subsection (b), the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study.
Sec. 5503
Comptroller General review of quality and availability of Coast Guard behavioral health care and resources for personnel wellness
added
(a)
added
In general— Not later than 60 days after the date of enactment of this Act, the Comptroller General of the United States shall commence a review of the quality and availability of behavioral health care and related resources for Coast Guard personnel at the locations described in subsection (b).
(b)
added
Locations to be reviewed— In conducting the review under subsection (a), the Comptroller General shall—
(1)
added
first review the practices and policies relating to the availability of behavioral health care and related resources at Training Center Cape May; and
(2)
added
review such practices and policies at—
(A)
added
the Coast Guard Academy, including Officer Candidate School; and
(B)
added
other Coast Guard training locations, as applicable.
(c)
added
Elements— The review conducted under subsection (a) shall include, for each location described in subsection (b), an assessment, and a description of available trend information (as applicable) for the 10-year period preceding the date of the review, with respect to each of the following:
(1)
added
The nature of Coast Guard resources directed toward behavioral health services at the location.
(2)
added
The manner in which the Coast Guard has managed treatment for recruits, cadets, officer candidates, or other personnel who may be experiencing a behavioral health crisis at the location (including individuals who have transferred to other buildings or facilities within the location).
(3)
added
The extent to which the Coast Guard has identified the resources, such as physical spaces and facilities, necessary to manage behavioral health challenges and crises that Coast Guard personnel may face at the location.
(4)
added
The behavioral health screenings required by the Coast Guard for recruits, cadets, officer candidates, or other personnel at the location, and the manner in which such screenings compare with screenings required by the Department of Defense for military recruits, service academy cadets, officer candidates, or other personnel at military service accession points.
(5)
added
Whether the Coast Guard has assessed the adequacy of behavioral health resources and services for recruits, cadets, officer candidates, and other personnel at the location, and if so, the additional services and resources (such as resilience and life skills coaching), if any, needed to address any potential gaps.
(6)
added
The manner in which the Coast Guard manages care transfers related to behavior health at the location, including command and other management input and privacy policies.
(7)
added
The extent to which the Coast Guard has evaluated contributing factors or reasons for behavioral health crises experienced by newly enlisted personnel, cadets, officer candidates, or other personnel at the location.
(8)
added
The extent to which the Coast Guard has addressed, at the location, provider care staffing standards and credentialing deficiencies identified in the report of the Comptroller General titled “Coast Guard Health Care: Improvements Needed for Determining Staffing Needs and Monitoring Access to Care”, issued on February 4, 2022.
(d)
added
Reports— The Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives—
(1)
added
as soon as practicable but not later than 1 year after the date of enactment of this Act, a report relating to the results of the review conducted under subsection (a) relating to Training Center Cape May, including any recommendations the Comptroller General considers appropriate; and
(2)
added
not later than 1 year after the date of enactment of this Act—
(A)
added
a report on the results of the review conducted under subsection (a) relating to—
(i)
added
the Coast Guard Academy, including Officer Candidate School; and
(ii)
added
other Coast Guard training locations, as applicable; and
(B)
added
any recommendations the Comptroller General considers appropriate.
Sec. 5504
Comptroller General study on Coast Guard efforts to reduce prevalence of missing or incomplete medical records and sharing of medical data with Department of Veterans Affairs and other entities
added
(a)
added
Study— Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall commence a study assessing the efforts of the Commandant—
(1)
added
to reduce the prevalence of missing or incomplete medical records;
(2)
added
to share medical data of members of the Coast Guard with the Department of Veterans Affairs; and
(3)
added
to ensure that electronic health records are provided in a format that is user friendly and easy to access.
(b)
added
Elements— In conducting the study under subsection (a), the Comptroller General shall review the following:
(1)
added
The steps the Commandant has taken to reduce the prevalence of missing or incomplete medical records of members of the Coast Guard.
(2)
added
How implementation of an electronic health record system has affected the ability of the Commandant to manage health records of members of the Coast Guard, including—
(A)
added
how the Commandant adds records from private medical providers to the electronic health record system;
(B)
added
the progress of the Commandant toward implementing the electronic health record system in shipboard sick bays of the Coast Guard;
(C)
added
how the Coast Guard shares medical records with the Department of Veterans Affairs; and
(D)
added
any other matter the Comptroller General considers appropriate with respect to medical record storage, use, and sharing and the associated consequences for member health and well-being.
(3)
added
The ability of members of the Coast Guard, medical professionals of the Coast Guard and of the Department of Defense, personnel of the Department of Veterans Affairs, and other personnel to access and search, as appropriate, the electronic health records of individuals, including the ability to search or quickly find information within electronic health records.
(c)
added
Report— Upon completion of the study under subsection (a), the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing the results of the study under subsection (a).
Sec. 5505
Comptroller General study on Coast Guard training facility infrastructure
added
(a)
added
In general— Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall commence a study on Coast Guard training facility infrastructure, including the specific needs of the Coast Guard training facilities described in subsection (c).
(b)
added
Elements— The study required under subsection (a) shall include the following:
(1)
added
With respect to each Coast Guard training facility described in subsection (c)—
(A)
added
a summary of capital needs, including construction and repair;
(B)
added
a summary of equipment upgrade backlogs;
(C)
added
an assessment of necessary improvements, including improvements to essential training equipment (including swimming pools, operational simulators, and marksmanship training ranges) to enable the Coast Guard to achieve all operational training objectives;
(D)
added
a description of the resources necessary to fully address all training needs;
(E)
added
an assessment of any security deficiency, including with respect to base access, training facility access, and trainee berthing area access;
(F)
added
an identification of any exposed hazard that does not serve a training purpose;
(G)
added
an identification of the presence of hazardous or toxic materials, including—
(i)
added
lead-based paint;
(ii)
added
asbestos or products that contain asbestos;
(v)
added
contaminated drinking water; and
(H)
added
an assessment of the need for, and estimated cost of, remediation of such toxic materials.
(2)
added
An evaluation of the process used by the Coast Guard to identify, monitor, and construct Coast Guard training facilities.
(c)
added
Coast Guard training facilities described— The Coast Guard training facilities described in this subsection are the following:
(1)
added
The Coast Guard Academy in New London, Connecticut.
(2)
added
The Leadership Development Center in New London, Connecticut.
(3)
added
Training Center Cape May, New Jersey.
(4)
added
Training Center Petaluma, California.
(5)
added
Training Center Yorktown, Virginia.
(6)
added
The Maritime Law Enforcement Academy in Charleston, South Carolina.
(7)
added
The Special Missions Training Center at Camp Lejeune in North Carolina.
(8)
added
The Gulf Regional Fisheries Training Center (GRFTC) in New Orleans, Louisiana.
(9)
added
The North Pacific Regional Fisheries Training Center (NPRFTC) in Kodiak, Alaska.
(10)
added
The Northeast Regional Fisheries Training Center (NRFTC) at Cape Cod, Massachusetts.
(11)
added
The Southeast Regional Fisheries Training Center (SRFTC) in Charleston, South Carolina.
(12)
added
The Pacific Regional Fisheries Training Center (PRFTC) in Alameda, California.
(13)
added
The National Motor Lifeboat School at Cape Disappointment, Washington.
(14)
added
The Aviation Technical Training Center in Elizabeth City, North Carolina.
(15)
added
The Aviation Training Center in Mobile, Alabama.
(d)
added
Report— Not later than 1 year after commencing the study required under subsection (a), the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study.
Sec. 5506
Comptroller General study on facility and infrastructure needs of Coast Guard stations conducting border security operations
added
(1)
added
In general— Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall commence a study on the facility and infrastructure needs of the Coast Guard stations and units described in paragraph (3).
(2)
added
Elements— The study required under paragraph (1) shall include, with respect to each Coast Guard station and unit described in paragraph (3), the following:
(A)
added
An assessment of capital needs, including personnel capacity, construction, and repair.
(B)
added
An assessment of equipment upgrade backlogs.
(C)
added
An identification of any necessary improvement, including any improvement to operational and training equipment necessary to conduct safe and effective maritime border security operations.
(D)
added
An identification of any resource necessary to fully address all operational and training needs.
(E)
added
An identification of any physical security deficiency.
(F)
added
An identification of any exposed hazard.
(G)
added
An identification of the presence of any hazardous or toxic material, including—
(i)
added
lead-based paint;
(ii)
added
asbestos or any product that contains asbestos;
(v)
added
contaminated drinking water.
(H)
added
An assessment of the need for, and estimated cost of, remediation of any toxic material identified under subparagraph (G).
(3)
added
Coast Guard stations described— The Coast Guard stations and units described in this paragraph are the following:
(A)
added
Coast Guard Station South Padre Island, Texas.
(B)
added
Coast Guard Station Port Aransas, Texas.
(C)
added
Coast Guard Station Port O"Connor, Texas.
(D)
added
Coast Guard Station Bellingham, Washington.
(E)
added
Coast Guard Station Neah Bay, Washington.
(F)
added
Coast Guard Station Port Angeles, Washington.
(G)
added
Coast Guard Station Ketchikan, Alaska.
(H)
added
Coast Guard Station San Diego, California.
(I)
added
Coast Guard Station Key West, Florida.
(J)
added
Coast Guard Station Marathon, Florida.
(K)
added
Coast Guard Station Islamorada, Florida.
(L)
added
Coast Guard Station Jonesport, Maine.
(M)
added
Coast Guard Station Bayfield, Wisconsin.
(N)
added
Coast Guard Station Sturgeon Bay, Wisconsin.
(O)
added
Coast Guard Marine Safety Detachment Santa Barbara.
(P)
added
Any other Coast Guard station the Comptroller General considers appropriate.
(b)
added
Report— Not later than 1 year after commencing the study required under subsection (a), the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Commandant a report on the findings of the study, including any recommendation the Comptroller General considers appropriate.
(c)
added
Briefings— Not later than 180 days after the date on which the report required under subsection (b) is submitted to the Commandant, the Commandant shall provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on—
(1)
added
the actions the Commandant has taken, or has ceased to take, as a result of the findings, including any recommendation, set forth in the report; and
(2)
added
a plan for addressing such findings and any such recommendation.
Sec. 5507
Comptroller General study on Coast Guard basic allowance for housing
added
(a)
added
In general— Not later than 90 days after the date on which the Department of Defense issues the report on the Fourteenth Quadrennial Review of Military Compensation, the Comptroller General of the United States shall commence a study of Coast Guard involvement in, and efforts to support, the determination of the cost of adequate housing and the calculation of the basic allowance for housing under section 403 of title 37, United States Code.
(b)
added
Elements— The study required under subsection (a) shall include, to the extent practicable, the following:
(1)
added
An identification of Coast Guard duty locations in which there is a misalignment between the basic allowance for housing rate and the prevailing housing cost for members of the Coast Guard such that the basic allowance for housing is less than 95 percent of the monthly cost of adequate housing for such members in the corresponding military housing area.
(2)
added
An analysis of each of the following:
(A)
added
Anchor points, including—
(i)
added
the methodology for the establishment of anchor points; and
(ii)
added
with respect to housing provided as part of a public-private venture and Government-owned and Government-leased housing, the disparities between established anchor points and housing standards across the armed forces (as such term is defined in section 101 of title 10, United States Code).
(B)
added
Existing military housing boundary areas that affect the Coast Guard.
(C)
added
Actions taken by the Commandant to comprehensively monitor basic allowance for housing rates for Coast Guard duty locations.
(D)
added
The frequency of reviews conducted by the Commandant of the site visits used by the Department of Defense to inform military housing area boundaries.
(c)
added
Report— Not later than 1 year after the date on which the study required under subsection (a) commences, the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Commandant a report on the findings of the study, including any recommendation the Comptroller General considers appropriate.
(d)
added
Plan— Not later than 1 year after the date on which the report required by subsection (c) is submitted to the Commandant, 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 implementation plan, including timeframes and milestones, addressing any recommendation made by the Comptroller General in such report, as the Commandant considers appropriate; and
(2)
added
with respect to any recommendation set forth in such report that the Commandant declines to implement, a written justification for the decision.
(e)
added
Anchor point defined— In this section, the term “anchor point”—
(1)
added
means the minimum housing standard reference benchmark used to establish the basic allowance for housing under section 403 of title 37, United States Code; and
(2)
added
includes housing type and size based on pay grade and dependent status.
Sec. 5508
Comptroller General report on safety and security infrastructure at Coast Guard Academy
added
(1)
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 the safety and security infrastructure at the Coast Guard Academy.
(2)
added
Elements— The report required under paragraph (1) shall include an assessment of each of the following:
(A)
added
Existing security infrastructure for the grounds, buildings, athletic facilities, and any other facility of the Coast Guard Academy, including access points, locks, surveillance, and other security methods, as appropriate.
(B)
added
Coast Guard policies with respect to the management, data storage and access, and operational capacity of the security infrastructure and methods evaluated under subparagraph (A).
(C)
added
Special security needs relating to events at the Coast Guard Academy, such as large athletic events and other widely attended events.
(D)
added
Coast Guard policies and procedures with respect to access to Coast Guard Academy grounds by—
(i)
added
current or former members of the Coast Guard;
(ii)
added
current or former civilian employees of the Coast Guard;
(iii)
added
Coast Guard personnel that reside at the Academy and families of cadets; and
(iv)
added
members of the public.
(E)
added
Existing processes by which the Commandant, the Superintendent of the Coast Guard Academy, or a designated individual may prohibit or restrict access to Coast Guard Academy grounds by any current or former member or civilian employee of the Coast Guard who—
(i)
added
has been subject to court-martial under the Uniform Code of Military Justice for sexual misconduct; or
(ii)
added
has been administratively disciplined for sexual misconduct.
(F)
added
Enforcement processes regarding access to Coast Guard Academy grounds for individuals (including current and former cadets, members, and civilian employees of the Coast Guard) who are or have been subject to a no-contact order relating to—
(i)
added
a cadet or member of the faculty of the Academy; or
(ii)
added
any other individual with access to Academy grounds.
(G)
added
Recommendations to improve—
(i)
added
the security of the Coast Guard Academy; and
(ii)
added
the safety of—
(I)
added
cadets at the Coast Guard Academy; and
(II)
added
members of the Coast Guard stationed at, and civilian employees of, the Coast Guard Academy.
(b)
added
Actions by Commandant—
(1)
added
Report— Not later than 180 days after the date on which the Comptroller General submits the report required under subsection (a), the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes—
(A)
added
a detailed plan to improve the security of, and the safety of cadets at, the Coast Guard Academy; and
(B)
added
a detailed timeline for implementation of—
(i)
added
the recommendations made by the Comptroller General in such report; and
(ii)
added
any other safety improvement the Commandant considers appropriate.
(2)
added
Policy— Not later than 30 days after the date on which the Comptroller General submits the report required under subsection (a), the Commandant, in a manner that maintains good order and discipline, shall update Coast Guard policy relating to access to the Coast Guard Academy grounds to include procedures by which individuals may be prohibited from accessing the Coast Guard Academy—
(A)
added
as the Commandant considers appropriate; and
(B)
added
consistent with the recommendations made by the Comptroller General in such report.
Sec. 5509
Comptroller General study on athletic coaching at Coast Guard Academy
added
(a)
added
In general— Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States, in consultation with the Superintendent of the Coast Guard Academy, shall commence a study on the number of administratively determined billets for teaching and coaching necessary to support Coast Guard Academy recruitment, intercollegiate athletics, health and physical education, and leadership development programs.
(b)
added
Elements— The study required under subsection (a) shall include the following:
(1)
added
An identification of the number of full-time and part-time employees performing coaching functions at the Coast Guard Academy whose positions are funded by a nonappropriated fund instrumentality of the Coast Guard.
(2)
added
An identification of the number of full-time and part-time employees whose positions are funded by a nonappropriated fund instrumentality performing coaching functions at the following:
(A)
added
The United States Military Academy.
(B)
added
The United States Naval Academy.
(C)
added
The United States Air Force Academy.
(D)
added
The United States Merchant Marine Academy.
(3)
added
An analysis of the roles performed by athletic coaches with respect to officer development at the Coast Guard Academy, including the specific functions of athletic coaches within the health and physical education and leadership development program curriculums.
(4)
added
An identification of any adverse impacts on or deficiencies in cadet training and officer development resulting from an inadequate number of administratively determined billets for teaching and coaching at the Coast Guard Academy.
(c)
added
Consultation— In conducting the study under subsection (a), the Comptroller General may consult a federally funded research and development center.
(d)
added
Report— The Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee of Transportation and Infrastructure of the House of Representatives a report on the results of the study conducted under this section.
Sec. 5510
Comptroller General study and report on permanent change of station process
added
(a)
added
Study— Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall commence a study to evaluate the effectiveness of the permanent change of station process of the Coast Guard.
(1)
added
In general— Not later than 1 year after commencing the study required by subsection (a), the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study.
(2)
added
Elements— The report required by paragraph (1) shall include the following:
(A)
added
A description of the permanent change of station policies of the Coast Guard.
(B)
added
A description of Coast Guard spending on permanent change of station moves and associated support costs.
(C)
added
An evaluation of the effectiveness of using contracted movers for permanent change of station moves, including the estimated costs associated with—
(i)
added
lost or damaged personal property of members of the Coast Guard;
(ii)
added
delays in scheduling such a move through a contracted mover;
(iii)
added
delayed delivery of household goods; and
(iv)
added
other related challenges.
(D)
added
A review of changes to permanent change of station policies implemented during the 10-year period ending on the date of enactment of this Act, and the costs or savings to the Coast Guard directly associated with such changes.
(E)
added
Recommendations to improve the permanent change of station process of the Coast Guard.
(F)
added
Any additional information or related matter arising from the study, as the Comptroller General considers appropriate.
Sec. 5601
Amendments
added
(a)
added
Prohibition on entry and operation— Section 70022(b)(1) of title 46, United States Code, is amended by striking “Federal Register” and inserting “the Federal Register”.
(b)
added
Port, harbor, and coastal facility security— Section 70116(b) of title 46, United States Code, is amended—
(1)
added
in paragraph (1) by striking “terrorism cyber” and inserting “terrorism, cyber”; and
(2)
added
in paragraph (2) by inserting a comma after “acts of terrorism”.
(c)
added
Enforcement by state and local officers— Section 70118(a) of title 46, United States Code, is amended—
(1)
added
by striking “section 1 of title II of the Act of June 15, 1917 (chapter 30; 50 U.S.C. 191)” and inserting “section 70051”; and
(2)
added
by striking “section 7(b) of the Ports and Waterways Safety Act (33 U.S.C. 1226(b))” and inserting “section 70116(b)”.
(d)
added
Chapter 701 definitions— Section 70131(2) of title 46, United States Code, is amended—
(1)
added
by striking “section 1 of title II of the Act of June 15, 1917 (50 U.S.C. 191)” and inserting “section 70051”; and
(2)
added
by striking “section 7(b) of the Ports and Waterways Safety Act (33 U.S.C. 1226(b))” and inserting “section 70116(b)”.
(e)
added
Notice of arrival requirements for vessels on the outer continental shelf—
(1)
added
Preparatory conforming amendment— Section 70001 of title 46, United States Code, is amended by redesignating subsections (l) and (m) as subsections (m) and (n), respectively.
(2)
added
Transfer of provision— Section 704 of the Coast Guard and Maritime Transportation Act 2012 (Public Law 112–213; 46 U.S.C. 70001 note) is—
(A)
added
amended by striking “of title 46, United States Code,”;
(B)
added
amended by striking “(33 U.S.C. 1223 note)” and inserting “(46 U.S.C. 70001 note)”;
(C)
added
transferred to appear after 70001(k) of title 46, United States Code; and
(D)
added
redesignated as subsection (l).
(f)
added
Title 46— Title 46, United States Code, is amended as follows:
(1)
added
Section 2101(2) is amended by striking “section 1” and inserting “section 101”.
(2)
added
Section 2116(b)(1)(D) is amended by striking “section 93(c)” and inserting “section 504(c)”.
(3)
added
In the analysis for subtitle VII by striking the period after “70001” in the item relating to chapter 700.
(4)
added
In the analysis for chapter 700 by striking the item relating to section 70006 and inserting the following:
(5)
added
In the heading for subchapter IV in the analysis for chapter 700 by inserting a comma after “Definitions”.
(6)
added
In the heading for subchapter VI in the analysis for chapter 700 by striking “of the United”and inserting “of United”.
(7)
added
Section 70052(e)(1) is amended by striking “section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91)” and inserting “section 60105”.
(g)
added
Oil pollution act of 1990— The Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) is amended as follows:
(1)
added
Section 1001 (33 U.S.C. 2701) is amended—
(A)
added
in paragraph (32)(G) by striking “pipeline” and all that follows through “offshore facility” and inserting “pipeline, offshore facility”;
(B)
added
in paragraph (39) by striking “section 101(20)(G)(i)” and inserting “section 101(20)(H)(i)”;
(C)
added
in paragraph (40) by striking “section 101(20)(G)(ii)” and inserting “section 101(20)(H)(ii)”;
(D)
added
) in paragraph (41) by striking “section 101(20)(G)(iii)” and inserting “section 101(20)(H)(iii)”;
(E)
added
in paragraph (42) by striking “section 101(20)(G)(iv)” and inserting “section 101(20)(H)(iv)”;
(F)
added
in paragraph (43) by striking “section 101(20)(G)(v)” and inserting “section 101(20)(H)(v)”; and
(G)
added
in paragraph (44) by striking “section 101(20)(G)(vi)” and inserting “section 101(20)(H)(vi)”.
(2)
added
Section 1003(d)(6) (33 U.S.C. 2703(d)(6)) is amended by striking “this paragraph” and inserting “this subsection”.
(3)
added
Section 1016 (33 U.S.C. 2716) is amended—
(A)
added
by redesignating subsections (e) through (i) as subsections (d) through (h), respectively; and
(B)
added
in subsection (e)(1)(B), as redesignated by subparagraph (A), by striking “subsection (e)” and inserting “subsection (d)”.
(4)
added
Section 1012(b)(2) (33 U.S.C. 2712(b)(2)) is amended by striking “section 1016(f)(1)” and inserting “section 1016(e)(1)”.
(5)
added
Section 1005(b)(5)(B) (33 U.S.C. 2716(b)(5)(B)) is amended by striking “section 1016(g)” and inserting “section 2716(f)”.
(6)
added
Section 1018(c) (33 U.S.C. 2718(c)) is amended by striking “the Act of March 3, 1851 (46 U.S.C. 183 et seq.)” and inserting “chapter 305 of title 46, United States Code”.
(7)
added
Section 7001(h)(1) (33 U.S.C. 2761(h)(1)) is amended by striking “subsection (c)(4)” and inserting “subsection (e)(4)”.
Sec. 5701
Title and qualifications of head of National Oceanic and Atmospheric Administration Commissioned Officer Corps and Office of Marine and Aviation Operations; promotions of flag officers
added
(a)
added
Title and qualifications of head—
(1)
added
In general— Section 228(c) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3028(c)) is amended—
(A)
added
in the subsection heading, by striking “Corps and Office of” and inserting “Commissioned Officer Corps and Assistant Administrator for”;
(B)
added
in the second sentence, by striking “serving in” and all that follows through “half)” and inserting “who has served, on the date of such appointment, in the grade of captain or above for not less than one year”; and
(C)
added
in the fourth sentence, by striking “Director of the Office of” and inserting “Assistant Administrator of the National Oceanic and Atmospheric Administration for”.
(2)
added
Conforming amendment— Section 4(a) of the Commercial Engagement Through Ocean Technology Act of 2018 (33 U.S.C. 4103(a)) is amended by striking “Director of the Office of” and inserting “Assistant Administrator of the National Oceanic and Atmospheric Administration for”.
(b)
added
Promotions of flag officers— Section 226 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3026) is amended—
(1)
added
by striking “Appointments” and inserting the following:
added
“(a) In general—Appointments”
(2)
added
by inserting after “all permanent grades” the following: “, other than a grade described in subsection (b),”; and
(3)
added
by adding at the end the following:
added
“(b) Flag officers—Appointments in and promotions to the grade of rear admiral (upper half) or above shall be made by the President, by and with the advice and consent of the Senate.”
Sec. 5702
National Oceanic and Atmospheric Administration vessel fleet
added
(a)
added
In general— The NOAA Fleet Modernization Act (33 U.S.C. 891 et seq.) is amended—
(1)
added
in section 603 (33 U.S.C. 891a)—
(A)
added
in the section heading, by striking “Fleet” and all that follows through “program” and inserting “Operation and maintenance of NOAA fleet”; and
(B)
added
by striking “is authorized” and all that follows and inserting the following: “, acting through the Assistant Administrator of NOAA for Marine and Aviation Operations, shall operate and maintain a fleet of vessels to meet the requirements of NOAA in carrying out the mission and functions of NOAA, subject to the requirements of this title.”;
(2)
added
in section 604 (33 U.S.C. 891b)—
(A)
added
in subsection (a), by striking “Secretary” and all that follows and inserting “Secretary, acting through the Assistant Administrator of NOAA for Marine and Aviation Operations, shall develop and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources and the Committee on Science, Space, and Technology of the House of Representatives a replacement and modernization plan for the NOAA fleet not later than 180 days after the date of the enactment of the Coast Guard Authorization Act of 2025, and every 2 years thereafter.”;
(B)
added
by striking subsections (b) and (d);
(C)
added
by redesignating subsection (c) as subsection (b);
(D)
added
in subsection (b), as so redesignated—
(i)
added
in paragraph (1), by striking “proposed” and all that follows and inserting the following: “in operation in the NOAA fleet as of the date of submission of the Plan, a description of the status of those vessels, and a statement of the planned and anticipated service life of those vessels;”;
(ii)
added
by striking paragraph (6);
(iii)
added
by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (4), (5), (6), and (7), respectively;
(iv)
added
by inserting after paragraph (1) the following:
added
“(2) a plan with respect to operation, maintenance, and replacement of vessels described in paragraph (1), including the schedule for maintenance or replacement and anticipated funding requirements;
added
“(3) the number of vessels proposed to be constructed by NOAA;”
(v)
added
in paragraph (4), as so redesignated, by striking “constructed, leased, or chartered” and inserting “acquired, leased, or chartered by NOAA”;
(vi)
added
in paragraph (6), as so redesignated—
(I)
added
by striking “or any other federal official” and inserting “the Director of the National Science Foundation, or any other Federal official”; and
(II)
added
by striking “their availability” and inserting “the availability of those vessels”;
(vii)
added
in paragraph (7), as so redesignated, by striking “; and” and inserting a semicolon; and
(viii)
added
by adding at the end the following:
added
“(8) a plan for using small vessels, uncrewed systems, and partnerships to augment the requirements of NOAA for days at sea;
added
“(9) the number of officers of the NOAA commissioned officer corps and professional wage mariners needed to operate and maintain the NOAA fleet, including the vessels identified under paragraph (3); and
added
“(10) current and potential challenges with meeting the requirements under paragraph (9) and proposed solutions to those challenges.”
(E)
added
by adding at the end the following:
added
“(c) Vessel procurement approval—The National Oceanic and Atmospheric Administration may not procure vessels that are more than 65 feet in length without the approval of the Assistant Administrator of NOAA for Marine and Aviation Operations.”
(3)
added
in section 605 (33 U.S.C. 891c)—
(A)
added
in subsection (a), in the matter preceding paragraph (1), by striking “working through the Office of the NOAA Corps Operations and the Systems Procurement Office” and inserting “acting through the Assistant Administrator of NOAA for Marine and Aviation Operations”; and
(B)
added
in subsection (b)—
(i)
added
by striking “shall” and all that follows through “submit to Congress” and inserting “, acting through the Assistant Administrator of NOAA for Marine and Aviation Operations, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources and the Committee on Science, Space, and Technology of the House of Representatives,”; and
(ii)
added
by striking “subsequent”;
(4)
added
in section 608 (33 U.S.C. 891f)—
(A)
added
by striking subsection (b);
(B)
added
by striking “(a) Vessel agreements.—”; and
(C)
added
by inserting after “Secretary” the following: “, acting through the Assistant Administrator of NOAA for Marine and Aviation Operations,”; and
(5)
added
in section 610 (33 U.S.C. 891h)—
(A)
added
in subsection (a), by striking “for carrying” and all that follows and inserting the following: “$93,000,000 for the period of fiscal years 2025 through 2026 to carry out this title and section 302 of the Fisheries Survey Vessel Authorization Act of 2000 (title III of Public Law 106–450; 114 Stat. 1945; 33 U.S.C. 891b note).”; and
(B)
added
in subsection (b), by striking “National Oceanic and Atmospheric Administration fleet modernization” and inserting “NOAA fleet modernization,”.
(b)
added
Fishery survey vessels— Section 302(a) of the Fisheries Survey Vessel Authorization Act of 2000 (title III of Public Law 106–450; 114 Stat. 1945; 33 U.S.C. 891b note) is amended—
(1)
added
by striking “may in accordance with this section” and inserting “may”;
(2)
added
by striking “up to six”; and
(3)
added
by inserting after “this section” the following: “and the NOAA Fleet Modernization Act (33 U.S.C. 891 et seq.)”.
(c)
added
Notifications of proposed deactivation of vessels— Section 401(b)(4) of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (Public Law 102–567; 106 Stat. 4291; 33 U.S.C. 891b note) is amended—
(1)
added
by striking “(A)” and all that follows through “The Secretary” and inserting “The Secretary”;
(2)
added
by striking “the Committee on Merchant Marine and Fisheries” and inserting “the Committee on Natural Resources and the Committee on Science, Space, and Technology”; and
(3)
added
by striking “, if an equivalent” and all that follows through “deactivation”.
Sec. 5703
Cooperative Aviation Centers
added
(a)
added
In general— Section 218 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3008) is amended—
(1)
added
in the section heading, by striking “aviation accession training programs” and inserting “Cooperative Aviation Centers”;
(2)
added
in subsection (a), by striking paragraphs (2) and (3) and inserting the following:
added
“(2) Cooperative Aviation Center—The term Cooperative Aviation Center means a Cooperative Aviation Center designated under subsection (b)(1).”
(3)
added
in subsection (b)—
(A)
added
in the subsection heading, by striking “Aviation Accession Training Programs” and inserting “Cooperative Aviation Centers”;
(B)
added
by striking paragraphs (3) and (4);
(C)
added
by redesignating paragraph (2) as paragraph (3);
(D)
added
by striking paragraph (1) and inserting the following:
added
“(1) Designation required—The Administrator shall designate one or more Cooperative Aviation Centers for the commissioned officer corps of the Administration at institutions described in paragraph (3).
added
“(2) Purpose—The purpose of Cooperative Aviation Centers is to facilitate the development and recruitment of aviators for the commissioned officer corps of the Administration.”
(E)
added
in paragraph (3), as so redesignated—
(i)
added
in the matter preceding subparagraph (A), inserting “that” after “educational institution”;
(ii)
added
in subparagraph (A), by striking “that requests” and inserting “applies”;
(iii)
added
in subparagraph (B)—
(I)
added
by striking “that has” and inserting “has”; and
(II)
added
by striking the semicolon and inserting “; and”;
(iv)
added
in subparagraph (C)—
(I)
added
by striking “that is located” and inserting “is located”;
(II)
added
by striking clause (ii);
(III)
added
by striking “that—” and all that follows through “experiences” and inserting “that experiences”; and
(IV)
added
by striking “; and” and inserting a period; and
(v)
added
by striking subparagraph (D); and
(4)
added
by striking subsections (c), (d), and (e) and inserting the following:
added
“(c) Cooperative Aviation Centers advisor
added
“(1) Assignment—The Administrator shall assign an officer or employee of the commissioned officer corps of the Administration to serve as the Cooperative Aviation Centers Advisor.
added
“(2) Duties—The Cooperative Aviation Centers Advisor shall—
added
“(A) coordinate all engagement of the Administration with Cooperative Aviation Centers, including assistance with curriculum development; and
added
“(B) serve as the chief aviation recruiting officer for the commissioned officer corps of the Administration.”
(b)
added
Clerical amendment— The table of contents in section 1 of the Act entitled “An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes” (Public Law 107–372) is amended by striking the item relating to section 218 and inserting the following:
Sec. 5704
Eligibility of former officers to compete for certain positions
added
(a)
added
In general— The National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3001 et seq.) is amended by inserting after section 269B the following new section:
added
“269C. Eligibility of former officers to compete for certain positions
added
“(a) In general—An individual who was separated from the commissioned officer corps of the Administration under honorable conditions after not fewer than 3 years of active service may not be denied the opportunity to compete for a vacant position with respect to which the agency in which the position is located will accept applications from individuals outside the workforce of that agency under merit promotion procedures.
added
“(b) Type of appointment—If selected for a position pursuant to subsection (a), an individual described in that subsection shall receive a career or career-conditional appointment, as appropriate.
added
“(c) Announcements—The area of consideration for a merit promotion announcement with respect to a position that includes consideration of individuals within the Federal service for that position shall—
added
“(1) indicate that individuals described in subsection (a) are eligible to apply for the position; and
added
“(2) be publicized in accordance with section 3327 of title 5, United States Code.
added
“(d) Rule of construction—Nothing in this section may be construed to confer an entitlement to veterans’ preference that is not otherwise required by any statute or regulation relating to veterans’ preference.
added
“(e) Regulations—The Director of the Office of Personnel Management shall prescribe regulations necessary for the administration of this section.
added
“(f) Reporting requirement—Not later than 3 years after the date of enactment of the Coast Guard Authorization Act of 2025, the Administrator shall submit to the Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate and the Committees on Natural Resources and Science, Space, and Technology of the House of Representatives a report which includes the following:
added
“(1) A description of how the Administrator has utilized the authority granted under this section, including the number and locations of individuals hired utilizing the authority granted under this section.
added
“(2) An overview of the impact to Federal employment for former members of the commissioned officer corps of the Administration as a result of the authority granted under this section.
added
“(g) Sunset—This section shall be repealed on the date that is 5 years after the date of enactment of the Coast Guard Authorization Act of 2025.”
(b)
added
Clerical amendment— The table of contents in section 1 of such Act is amended by inserting after the item relating to section 269B the following new item:
Sec. 5705
Alignment of physical disqualification standard for obligated service agreements with standard for veterans’ benefits
added
added
Section 216(c)(2)(B) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3006(c)(2)(B)) is amended by striking “misconduct or grossly negligent conduct” and inserting “willful misconduct”.
Sec. 5706
Streamlining separation and retirement process
added
added
Section 241(c) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3041(c)) is amended to read as follows:
added
“(c) Effective date of retirements and separations
added
“(1) In general—Subject to paragraph (2), a retirement or separation under subsection (a) shall take effect on such date as is determined by the Secretary.
added
“(2) Determination of date—The effective date determined under paragraph (1) for a retirement or separation under subsection (a) shall be—
added
“(A) except as provided by subparagraph (B), not earlier than 60 days after the date on which the Secretary approves the retirement or separation; or
added
“(B) if the officer concerned requests an earlier effective date, such earlier date as is determined by the Secretary.”
Sec. 5707
Separation of ensigns found not fully qualified
added
added
Section 223(b) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (30 U.S.C. 3023(b)) is amended—
(1)
added
by striking “permanent”; and
(2)
added
by striking “the officer’s commission shall be revoked and”.
Sec. 5708
Repeal of limitation on educational assistance
added
(a)
added
In general— Section 204 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2020 (33 U.S.C. 3079–1) is repealed.
(b)
added
Clerical amendment— The table of contents in section 1(b) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2020 (Public Law 116–259; 134 Stat. 1153) is amended by striking the item relating to section 204.
Sec. 5709
Disposal of survey and research vessels and equipment of the National Oceanic and Atmospheric Administration
added
added
Section 548 of title 40, United States Code, is amended—
(1)
added
by striking “The Maritime” and inserting “(a) In General.—Except as provided in subsection (b), the Maritime”; and
(2)
added
by adding at the end the following:
added
“(b) National Oceanic and Atmospheric Administration vessels and equipment
added
“(1) Authority—The Administrator of the National Oceanic and Atmospheric Administration may dispose of covered vessels and equipment, which would otherwise be disposed of under subsection (a), through sales or transfers under this title.
added
“(2) Use of proceeds—During the 2-year period beginning of the date of enactment of the Coast Guard Authorization Act of 2025, notwithstanding section 571 of this title or section 3302 of title 31, the Administrator of the National Oceanic and Atmospheric Administration may—
added
“(A) retain the proceeds from the sale or transfer of a covered vessel or equipment under paragraph (1) until expended under subparagraph (B); and
added
“(B) use such proceeds, without fiscal year limitation, for the acquisition of new covered vessels and equipment or the repair and maintenance of existing covered vessels and equipment.
added
“(3) Covered vessels and equipment defined—In this subsection, the term covered vessels and equipment means survey and research vessels and related equipment owned by the Federal Government and under the control of the National Oceanic and Atmospheric Administration.”
Sec. 5721
References to South Pacific Tuna Act of 1988
added
added
Except as otherwise expressly provided, wherever in this subtitle an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the South Pacific Tuna Act of 1988 (16 U.S.C. 973 et seq.).
Sec. 5722
Definitions
added
(a)
added
Applicable national law— Section 2(4) (16 U.S.C. 973(4)) is amended by striking “described in paragraph 1(a) of Annex I of” and inserting “noticed and in effect in accordance with”.
(b)
added
Closed area— Section 2(5) (16 U.S.C. 973(5)) is amended by striking “of the closed areas identified in Schedule 2 of Annex I of” and inserting “area within the jurisdiction of a Pacific Island Party that is closed to vessels pursuant to a national law of that Pacific Island Party and is noticed and in effect in accordance with”.
(c)
added
Fishing— Section 2(6) (16 U.S.C. 973(6)) is amended—
(1)
added
in subparagraph (C), by inserting “for any purpose” after “harvesting of fish”; and
(2)
added
by amending subparagraph (F) to read as follows:
added
“(F) use of any other vessel, vehicle, aircraft, or hovercraft for any activity described in this paragraph except for emergencies involving the health or safety of the crew or the safety of a vessel.”
(d)
added
Fishing vessel; vessel— Section 2(7) (16 U.S.C. 973(7)) is amended by striking “commercial fishing” and inserting “commercial purse seine fishing for tuna”.
(e)
added
Licensing area— Section 2(8) (16 U.S.C. 973(8)) is amended by striking “in the Treaty Area” and all that follows and inserting “under the jurisdiction of a Pacific Island Party, except for internal waters, territorial seas, archipelagic waters, and any Closed Area.”.
(f)
added
Limited area; party; treaty area— Section 2 (16 U.S.C. 973) is amended—
(1)
added
by striking paragraphs (10), (13), and (18);
(2)
added
by redesignating paragraphs (11) and (12) as paragraphs (10) and (11), respectively;
(3)
added
by redesignating paragraph (14) as paragraph (12); and
(4)
added
by redesignating paragraphs (15) through (17) as paragraphs (14) through (16), respectively.
(g)
added
Regional terms and conditions— Section 2 (16 U.S.C. 973) is amended by inserting after paragraph (12), as redesignated by subsection (f)(3), the following:
added
“(13) The term regional terms and conditions means any of the terms or conditions attached by the Administrator to a license issued by the Administrator, as notified by the Secretary.”
Sec. 5723
Prohibited acts
added
(a)
added
In general— Section 5(a) (16 U.S.C. 973c(a)) is amended—
(1)
added
in the matter preceding paragraph (1), by striking “Except as provided in section 6 of this Act, it” and inserting “It”;
(2)
added
by striking paragraphs (3) and (4);
(3)
added
by redesignating paragraphs (5) through (13) as paragraphs (3) through (11), respectively;
(4)
added
in paragraph (3), as so redesignated, by inserting “, except in accordance with an agreement pursuant to the Treaty” after “Closed Area”;
(5)
added
in paragraph (10), as so redesignated, by striking “or” at the end;
(6)
added
in paragraph (11), as so redesignated, by striking the period at the end and inserting a semicolon; and
(7)
added
by adding at the end the following:
added
“(12) to violate any of the regional terms and conditions; or
added
“(13) to violate any limit on an authorized fishing effort or catch.”
(b)
added
In the licensing area— Section 5(b) (16 U.S.C. 973c(b)) is amended—
(1)
added
in the matter preceding paragraph (1), by striking “Except as provided in section 6 of this Act, it” and inserting “It”;
(2)
added
by striking paragraph (5); and
(3)
added
by redesignating paragraphs (6) and (7) as paragraphs (5) and (6), respectively.
Sec. 5724
Exceptions
added
added
Section 6 (16 U.S.C. 973d) is repealed.
Sec. 5725
Criminal offenses
added
added
Section 7(a) (16 U.S.C. 973e(a)) is amended by striking “section 5(a) (8), (10), (11), or (12)” and inserting “paragraph (6), (8), (9), or (10) of section 5(a)”.
Sec. 5726
Civil penalties
added
(a)
added
Amount— Section 8(a) (16 U.S.C. 973f(a)) is amended—
(1)
added
in the first sentence, by striking “Code” after “liable to the United States”; and
(2)
added
in the fourth sentence, by striking “Except for those acts prohibited by section 5(a) (4), (5), (7), (8), (10), (11), and (12), and section 5(b) (1), (2), (3), and (7) of this Act, the” and inserting “The”.
(b)
added
Waiver of referral to attorney general— Section 8(g) (16 U.S.C. 973f(g)) is amended—
(1)
added
in the matter preceding paragraph (1), by striking “section 5(a)(1), (2), (3), (4), (5), (6), (7), (8), (9), or (13)” and inserting “paragraph (1), (2), (3), (4), (5), (6), (7), (11), (12), or (13) of section 5(a)”; and
(2)
added
in paragraph (2), by striking “, all Limited Areas closed to fishing,” after “outside of the Licensing Area”.
(a)
added
Forwarding of vessel license application— Section 9(b) (16 U.S.C. 973g(b)) is amended to read as follows:
added
“(b) In accordance with subsection (e), and except as provided in subsection (f), the Secretary shall forward a vessel license application to the Administrator whenever such application is in accordance with application procedures established by the Secretary.”
(b)
added
Fees and schedules— Section 9(c) (16 U.S.C. 973g(c)) is amended to read as follows:
added
“(c) Fees required under the Treaty shall be paid in accordance with the Treaty and any procedures established by the Secretary.”
(c)
added
Minimum fees required to be received in initial year; grounds for denial of forwarding of license application; grandfathering of certain vessels— Section 9 (16 U.S.C. 973g) is amended—
(1)
added
by striking subsection (f);
(2)
added
by redesignating subsections (g) and (h) as subsections (f) and (g), respectively;
(3)
added
by amending subsection (f), as so redesignated, to read as follows:
added
“(f) The Secretary, in consultation with the Secretary of State, may determine that a license application should not be forwarded to the Administrator if—
added
“(1) the application is not in accordance with the Treaty or the procedures established by the Secretary; or
added
“(2) the owner or charterer—
added
“(A) is the subject of proceedings under the bankruptcy laws of the United States, unless reasonable financial assurances have been provided to the Secretary;
added
“(B) has not established to the satisfaction of the Secretary that the fishing vessel is fully insured against all risks and liabilities normally provided in maritime liability insurance; or
added
“(C) has not paid any penalty which has become final, assessed by the Secretary in accordance with this Act.”
(4)
added
in subsection (g), as redesignated by paragraph (2)—
(A)
added
by amending paragraph (1) to read as follows:
added
“(1) section 12113 of title 46, United States Code;”
(B)
added
in paragraph (2), by inserting “of 1972” after “Marine Mammal Protection Act”;
(C)
added
in paragraph (3), by inserting “of 1972” after “Marine Mammal Protection Act”; and
(D)
added
in the matter following paragraph (3), by striking “any vessel documented” and all that follows and inserting the following:
Sec. 5728
Enforcement
added
(a)
added
Notice requirements to Pacific Island Party concerning institution of legal proceedings— Section 10(c)(1) (16 U.S.C. 973h(c)(1)) is amended—
(1)
added
in the first sentence, by striking “paragraph 8 of Article 4 of”; and
(2)
added
in the third sentence, by striking “Article 10 of”.
(b)
added
Searches and seizures by authorized officers— Section 10(d)(1)(A) (16 U.S.C. 973h(d)(1)(A)) is amended—
(1)
added
in clause (ii), by striking “or” at the end; and
(2)
added
in clause (iii), by adding “or” at the end.
Sec. 5729
Findings by Secretary of Commerce
added
(a)
added
Order of vessel To leave waters upon failure To submit to jurisdiction of Pacific Island Party; procedure applicable— Section 11(a) (16 U.S.C. 973i(a)) is amended—
(1)
added
in the matter preceding paragraph (1), by striking “, all Limited Areas,”;
(2)
added
in paragraph (1)—
(A)
added
in subparagraph (A), by striking “paragraph 2 of Article 3 of”; and
(B)
added
in subparagraph (C), by striking “within the Treaty Area” and inserting “under the jurisdiction”; and
(3)
added
in paragraph (2)—
(A)
added
in subparagraph (A), by striking “section 5 (a)(4), (a)(5), (b)(2), or (b)(3)” and inserting “paragraph (3) of section 5(a) or paragraph (2) or (3) of section 5(b)”;
(B)
added
in subparagraph (B), by striking “section 5(b)(7)” and inserting “section 5(b)(6)”; and
(C)
added
in subparagraph (C), by striking “section 5(a)(7)” and inserting “section 5(a)(5)”.
(b)
added
Order of vessel To leave waters where pacific island party investigating alleged treaty infringement— Section 11(b) (16 U.S.C. 973i(b)) is amended by striking “paragraph 7 of Article 5 of”.
Sec. 5730
Disclosure of information
added
added
Section 12 (16 U.S.C. 973j) is amended to read as follows:
added
“12. Disclosure of information
added
“(a) Prohibited disclosure of certain information—Pursuant to section 552(b)(3) of title 5, United States Code, except as provided in subsection (b), the Secretary shall keep confidential and may not disclose the following information:
added
“(1) Information provided to the Secretary by the Administrator that the Administrator has designated confidential.
added
“(2) Information collected by observers.
added
“(3) Information submitted to the Secretary by any person in compliance with the requirements of this Act.
added
“(b) Authorized disclosure of certain information—The Secretary may disclose information described in subsection (a)—
added
“(1) if disclosure is ordered by a court;
added
“(2) if the information is used by a Federal employee—
added
“(A) for enforcement; or
added
“(B) in support of the homeland security missions and non-homeland security missions of the Coast Guard as defined in section 888 of the Homeland Security Act of 2002 (6 U.S.C. 468);
added
“(3) if the information is used by a Federal employee or an employee of a Fishery Management Council for the administration of the Treaty or fishery management and monitoring;
added
“(4) to the Administrator, in accordance with the requirements of the Treaty and this Act;
added
“(5) to the secretariat or equivalent of an international fisheries management organization of which the United States is a member, in accordance with the requirements or decisions of such organization, and insofar as possible, in accordance with an agreement that prevents public disclosure of the identity of any person that submits such information;
added
“(6) if the Secretary has obtained written authorization from the person providing such information, and disclosure does not violate other requirements of this Act; or
added
“(7) in an aggregate or summary form that does not directly or indirectly disclose the identity of any person that submits such information.
added
“(c) Savings clause
added
“(1) Nothing in this section shall be construed to adversely affect the authority of Congress, including a Committee or Member thereof, to obtain any record or information.
added
“(2) The absence of a provision similar to paragraph (1) in any other provision of law shall not be construed to limit the ability of the Senate or the House of Representatives, including a Committee or Member thereof, to obtain any record or information.”
Sec. 5731
Closed area stowage requirements
added
added
Section 13 (16 U.S.C. 973k) is amended by striking “. In particular, the boom shall be lowered” and all that follows and inserting “and in accordance with any requirements established by the Secretary.”.
Sec. 5732
Observers
added
added
Section 14 (16 U.S.C. 973l) is repealed.
Sec. 5733
Fisheries-related assistance
added
added
Section 15 (16 U.S.C. 973m) is amended to read as follows:
added
“15. Fisheries-related assistance
added
“The Secretary and the Secretary of State may provide assistance to a Pacific Island Party to benefit such Pacific Island Party from the development of fisheries resources and the operation of fishing vessels that are licensed pursuant to the Treaty, including—
added
“(1) technical assistance;
added
“(2) training and capacity building opportunities;
added
“(3) facilitation of the implementation of private sector activities or partnerships; and
added
“(4) other activities as determined appropriate by the Secretary and the Secretary of State.”
Sec. 5734
Arbitration
added
added
Section 16 (16 U.S.C. 973n) is amended—
(1)
added
by striking “Article 6 of” after “arbitral tribunal under”; and
(2)
added
by striking “paragraph 3 of that Article” and all that follows through “under such paragraph” and inserting “the Treaty, shall determine the location of the arbitration, and shall represent the United States in reaching agreement under the Treaty”.
Sec. 5735
Disposition of fees, penalties, forfeitures, and other moneys
added
added
Section 17 (16 U.S.C. 973o) is amended by striking “Article 4 of”.
Sec. 5736
Additional agreements
added
added
Section 18 (16 U.S.C. 973p) is amended by striking “Within 30 days after” and all that follows and inserting “The Secretary may establish procedures for review of any agreements for additional fishing access entered into pursuant to the Treaty.”.
Sec. 5741
North Pacific Research Board enhancement
added
(a)
added
Short title— This section may be cited as the “North Pacific Research Board Enhancement Act”.
(b)
added
Amendments— Section 401(e) of the Department of the Interior and Related Agencies Appropriations Act, 1998 (43 U.S.C. 1474d(e)) is amended—
(1)
added
in paragraph (3)—
(A)
added
in subparagraph (L), by striking “and” after the semicolon;
(B)
added
in subparagraph (M), by striking the period at the end and inserting a semicolon;
(C)
added
in subparagraph (N), by striking the period at the end and inserting “; and”;
(D)
added
by inserting after subparagraph (N) the following:
added
“(O) one member who shall represent Alaska Natives and possesses personal knowledge of, and direct experience with, subsistence uses and shall be nominated by the Board and appointed by the Secretary.”
(E)
added
by adding at the end the following: “Board members appointed under subparagraphs (N) and (O) shall serve for 3-year terms, and may be reappointed once.”;
(2)
added
by redesignating paragraph (5) as paragraph (6); and
(3)
added
by inserting after paragraph (4) the following:
added
“(5) If the amount made available for a fiscal year under subsection (c)(2) is less than the amount made available in the previous fiscal year, the Administrator of the National Oceanic and Atmospheric Administration may increase the 15 percent cap on administrative expenses provided under paragraph (4)(B) for that fiscal year to prioritize—
added
“(A) continuing operation of the Board;
added
“(B) maximizing the percentage of funds directed to research; and
added
“(C) maintaining the highest quality standards in administering grants under this subsection.”
(c)
added
Waiver— Beginning on the date of enactment of this Act and ending on the date that is 5 years after such date of enactment, the 15 percent cap on funds to provide support for the North Pacific Research Board and administer grants under section 401(e)(4)(B) of the Department of the Interior and Related Agencies Appropriations Act, 1998 (43 U.S.C. 1474d(e)(4)(B)) shall be waived.
Sec. 5001
Short title
added
added
This division may be cited as the “Renewing Opportunity in the American Dream to Housing Act of 2025” or the “ROAD to Housing Act of 2025”.
Sec. 5002
Table of contents
added
added
The table of contents for this division is as follows:
Sec. 5101
Reforms to housing counseling and financial literacy programs
added
(a)
added
In general— Section 106 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x) is amended—
(1)
added
in subsection (a)(4)(C), by striking “adequate distribution” and all that follows through “foreclosure rates” and inserting “that the recipients are geographically diverse and include organizations that serve urban or rural areas”;
(2)
added
in subsection (e), by adding at the end the following:
added
“(6) Performance review—The Secretary—
added
“(A) may conduct periodic on-site reviews; and
added
“(B) shall conduct performance reviews of all participating agencies that—
added
“(i) consists of a review of the participating agency’s compliance with all program requirements; and
added
“(ii) may take into account the agency’s aggregate counselor performance under paragraph (7)(B).
added
“(7) Considerations
added
“(A) Covered mortgage loan defined—In this paragraph, the term covered mortgage loan means any loan which is secured by a first or subordinate lien on residential real property (including individual units of condominiums and cooperatives) designed principally for the occupancy of between 1 and 4 families that is—
added
“(i) insured by the Federal Housing Administration under title II of the National Housing Act (12 U.S.C. 1707 et seq.); or
added
“(ii) guaranteed under section 184 or 184A of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13a, 1715z–13b).
added
“(B) Comparison—For each counselor employed by an organization receiving assistance under this section for pre-purchase housing counseling, the Secretary may consider the performance of the counselor compared to the default rate of all counseled borrowers of a covered mortgage loan in comparable markets and such other factors as the Secretary determines appropriate to further the purposes of this section.
added
“(8) Certification—If, based on the comparison required under paragraph (7)(B), the Secretary determines that a counselor lacks competence to provide counseling in the areas described in subsection (e)(2) and such action will not create a significant loss of capacity for housing counseling services in the service area, the Secretary may—
added
“(A) require continued education coupled with successful completion of a probationary period;
added
“(B) require retesting if the counselor continues to demonstrate a lack of competence under paragraph (7)(B); and
added
“(C) permanently suspend an individual certification if a counselor fails to demonstrate competence after not fewer than 2 retesting opportunities under subparagraph (B).”
(3)
added
in subsection (i)—
(A)
added
by redesignating paragraph (3) as paragraph (4); and
(B)
added
by inserting after paragraph (2) the following:
added
“(3) Termination of assistance
added
“(A) In general—The Secretary may deny renewal of covered assistance to an organization or entity receiving covered assistance if the Secretary determines that the organization or entity, or the individual through which the organization or entity provides counseling, is not in compliance with program requirements—
added
“(i) based on the performance review described in subsection (e)(6); and
added
“(ii) in accordance with regulations issued by the Secretary.
added
“(B) Notice—The Secretary shall give an organization or entity receiving covered assistance not less than 60 days prior written notice of any denial of renewal under this paragraph, and the determination of renewal shall not be finalized until the end of that notice period.
added
“(C) Informal conference—If requested in writing by the organization or entity within the notice period described in subparagraph (B), the organization or entity shall be entitled to an informal conference with the Deputy Assistant Secretary of Housing Counseling on behalf of the Secretary at which the organization or entity may present for consideration of specific factors that the organization or entity believes were beyond the control of the organization or entity and that caused the failure to comply with program requirements, such as a lack of lender or servicer coordination or communication with housing counseling agencies and individual counselors.”
(4)
added
by adding at the end the following:
added
“(j) Offering foreclosure mitigation counseling
added
“(1) Covered mortgage loan defined—In this subsection, the term covered mortgage loan means any loan which is secured by a first or subordinate lien on residential real property (including individual units of condominiums) or stock or membership in a cooperative ownership housing corporation designed principally for the occupancy of between 1 and 4 families that is—
added
“(A) insured by the Federal Housing Administration under title II of the National Housing Act (12 U.S.C. 1707 et seq.);
added
“(B) guaranteed under section 184 or 184A of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13a, 1715z–13b);
added
“(C) made, guaranteed, or insured by the Department of Veterans Affairs; or
added
“(D) made, guaranteed, or insured by the Department of Agriculture.
added
“(2) Opportunity for borrowers—A borrower with respect to a covered mortgage loan who is 30 days or more delinquent on payments for the covered mortgage loan shall be given an opportunity to participate in available housing counseling.
added
“(3) Cost—If the requirements of sections 202(a)(3) and 205(f) of the National Housing Act (12 U.S.C. 1708(a)(3), 1711(f)) are met, the fair market rate cost of counseling for delinquent borrowers described in paragraph (2) with respect to a covered mortgage loan described in paragraph (1)(A) shall be paid for by the Mutual Mortgage Insurance Fund, as authorized under section 203(r)(4) of the National Housing Act (12 U.S.C. 1709(r)(4)).”
Sec. 5201
Rental assistance demonstration program
added
added
The language under the heading “Rental Assistance Demonstration” in the Department of Housing and Urban Development Appropriations Act, 2012 (Public Law 112–55; 125 Stat. 673) is amended—
(1)
added
in the second proviso, by striking “until September 30, 2029” and inserting “for fiscal year 2012 and each fiscal year thereafter”;
(2)
added
by striking the fourth proviso;
(3)
added
in the twentieth proviso, as so designated before the date of enactment of this Act, by striking “or other means:” and inserting “or other means, including the adoption of a mandatory tenant lease and management plan addendum for a property with assistance converted, if not otherwise covered by another program, under this demonstration:”
(4)
added
by striking the twenty-second proviso, as so designated before the date of enactment of this Act;
(5)
added
in the twenty-seventh, thirtieth, thirty-first, thirty-second, thirty-third, and thirty-forth provisos, as so designated before the date of enactment of this Act, by striking “Second Component” each place the term appears and inserting “First Component”; and
(6)
added
by striking “vouchers to project-based vouchers.” and inserting “vouchers to project-based vouchers: Provided further, That the Secretary shall annually assess and publish findings regarding the impact of the conversion of assistance under the First Component of the demonstration with respect to the preservation and improvement of public housing, the amount of private sector leveraging resulting from such conversion transactions, the prevalence of pre-conversion residents remaining in or returning to the property following conversion, and the effect of such conversion on tenants, including the impact of such conversion on the rights maintained by tenants as enumerated in regulations and other documents conferring rights upon tenants as developed by the Secretary, and other matters the Secretary may determine appropriate: Provided further, That the Secretary may take remediative action or impose civil money penalties or other administrative sanctions for material violations of a requirement under the demonstration: Provided further, That nothing in the matter under this heading shall be construed to diminish, impair, or otherwise affect the rights of property owners or tenants as enumerated in current law and regulations: Provided further, That all property owner rights, including those related to ownership, management, and contractual obligations, shall continue to apply and be respected following a Rental Assistance Demonstration Program conversion: Provided further, That all tenant protections and rights established in current law and regulations shall remain fully in effect for properties converted under the Rental Assistance Demonstration Program.”.
Sec. 5202
Increasing housing in opportunity zones
added
(a)
added
Covered grant defined— In this section, the term covered grant means any competitive grant relating to the construction, modification, rehabilitation, or preservation of housing, as determined by the Secretary of Housing and Urban Development.
(b)
added
Priority— When awarding a covered grant, the Secretary of Housing and Urban Development may give additional weight to applicants located in, or that primarily serve, a community that has been designated as a qualified opportunity zone under section 1400Z–1 of the Internal Revenue Code of 1986.
Sec. 5203
Housing Supply Frameworks Act
added
(a)
added
Findings— Congress finds the following:
(1)
added
The United States is facing a housing supply shortage. This housing supply shortage has resulted in a record number of cost-burdened households across regions and spanning the large and small cities, towns, and coastal and rural communities of the United States.
(2)
added
Several factors contribute to the undersupply of housing in the United States, particularly workforce housing, including rising costs of construction, a shortage of labor, supply chain disruptions, and a lack of reliable funding sources.
(3)
added
Regulatory barriers at the State and local levels, such as zoning and land use regulations, also inhibit the creation of new housing to meet local and regional housing needs.
(4)
added
State and local governments are proactively exploring solutions for reforming regulatory barriers, but additional resources, data, and models can help adequately address these challenges.
(5)
added
While land use regulation is the responsibility of State and local governments, there is Federal support for necessary reforms, and there is an opportunity for the Federal Government to provide support and assistance to State and local governments that wish to undertake necessary reforms in a manner that fits their communities’ needs.
(6)
added
Therefore, zoning ordinances or systems of land use regulation that have the intent or effect of restricting housing opportunities based on economic status or income without interests that are substantial, legitimate, nondiscriminatory and that outweigh the regional need for housing are contrary to the regional and national interest.
(b)
added
Definitions— In this section:
(1)
added
Affordable housing— The term affordable housing means housing for which the monthly payment is not more than 30 percent of the monthly income of the household.
(2)
added
Assistant Secretary— The term Assistant Secretary means the Assistant Secretary for Policy Development and Research of the Department of Housing and Urban Development.
(3)
added
Local zoning framework— The term local zoning framework means the local zoning codes and other ordinances, procedures, and policies governing zoning and land-use at the local level.
(4)
added
Secretary— The term Secretary means the Secretary of Housing and Urban Development.
(5)
added
State zoning framework— The term State zoning framework means the State legislation or State agency and department procedures, or such legislation or procedures in an insular area of the United States, enabling local planning and zoning authorities and establishing and guiding related policies and programs.
(c)
added
Guidelines on State and local zoning frameworks—
(1)
added
Establishment— Not later than 3 years after the date of enactment of this Act, the Assistant Secretary shall publish documents outlining guidelines and best practices to support production of adequate housing to meet the needs of communities and provide housing opportunities for individuals at every income level across communities with respect to—
(A)
added
State zoning frameworks; and
(B)
added
local zoning frameworks.
(2)
added
Consultation; public comment— During the 2-year period beginning on the date of enactment of this Act, in developing the guidelines and best practices required under paragraph (1), the Assistant Secretary shall—
(A)
added
publish draft guidelines in the Federal Register for public comment; and
(B)
added
establish a task force for the purpose of providing consultation to draft guidelines published under subparagraph (A), the members of which shall include—
(i)
added
planners and architects;
(ii)
added
housing developers, including affordable and market-rate housing developers, manufactured housing developers, and other business interests;
(iii)
added
community engagement experts and community members impacted by zoning decisions;
(iv)
added
public housing authorities and transit authorities;
(v)
added
members of local zoning and planning boards and local and regional transportation planning organizations;
(vi)
added
State officials responsible for housing or land use, including members of State zoning boards of appeals;
(vii)
added
academic researchers; and
(3)
added
Contents— The guidelines and best practices required under paragraph (1) shall—
(A)
added
with respect to State zoning frameworks, outline potential models for updated State enabling legislation or State agency and department procedures;
(B)
added
include recommendations regarding—
(i)
added
the reduction or elimination of parking minimums;
(ii)
added
the increase in maximum floor area ratio requirements and maximum building heights and the reduction in minimum lot sizes and set-back requirements;
(iii)
added
the elimination of restrictions against accessory dwelling units;
(iv)
added
increasing by-right uses, including duplex, triplex, or quadplex buildings, across cities or metropolitan areas;
(v)
added
mechanisms, including proximity to transit, to determine the appropriate scope for rezoning and ensure development that does not disproportionately burden residents of economically distressed areas;
(vi)
added
provisions regarding review of by-right development proposals to streamline review and reduce uncertainty, including—
(I)
added
nondiscretionary, ministerial review; and
(II)
added
entitlement and design review processes;
(vii)
added
the reduction of obstacles, regulatory or otherwise, to a range of housing types at all levels of affordability, including manufactured and modular housing;
(viii)
added
State model zoning regulations for directing local reforms, including mechanisms to encourage adoption;
(ix)
added
provisions to encourage transit-oriented development, including increased permissible units per structure and reduced minimum lot sizes near existing or planned public transit stations;
(x)
added
potential reforms to strengthen the public engagement process;
(xi)
added
reforms to protest petition statutes;
(xii)
added
the standardization, reduction, or elimination of impact fees;
(xiii)
added
cost effective and appropriate building codes;
(xiv)
added
models for community benefit agreements;
(xv)
added
mechanisms to preserve affordability, limit disruption of low-income communities, and prevent displacement of existing residents;
(xvi)
added
with respect to State zoning frameworks—
(I)
added
State model codes for directing local reforms, including mechanisms to encourage adoption;
(II)
added
a model for a State zoning appeals process, which would—
(aa)
added
create a process for developers or builders requesting a variance, conditional use, special permit, zoning district change, similar discretionary permit, or otherwise petitioning a local zoning or planning board for a project including a State-defined amount of affordable housing to appeal a rejection to a State body or regional body empowered by the State; and
(bb)
added
establish qualifications for communities to be exempted from the appeals process based on their available stock of affordable housing; and
(III)
added
streamlining of State environmental review policies;
(xvii)
added
with respect to local zoning frameworks—
(I)
added
the simplification and standardization of existing zoning codes;
(II)
added
maximum review timelines;
(III)
added
best practices for the disposition of land owned by local governments for affordable housing development;
(IV)
added
differentiations between best practices for rural, suburban, and urban communities, and communities with different levels of density or population distribution; and
(V)
added
streamlining of local environmental review policies; and
(xviii)
added
other land use measures that promote access to new housing opportunities identified by the Secretary; and
(i)
added
the effects of adopting any recommendation on eligibility for Federal discretionary grants and tax credits for the purpose of housing or community development;
(ii)
added
coordination between infrastructure investments and housing planning;
(iii)
added
local housing needs, including ways to set and measure housing goals and targets;
(iv)
added
a range of affordability for rental units, with a prioritization of units attainable to extremely low-, low-, and moderate-income residents;
(v)
added
a range of affordability for homeownership;
(vi)
added
accountability measures;
(vii)
added
the long-term cost to residents and businesses if more housing is not constructed;
(viii)
added
barriers to individuals seeking to access affordable housing in growing communities and communities with economic opportunity;
(ix)
added
with respect to State zoning frameworks—
(I)
added
distinctions between States providing constitutional or statutory home rule authority to municipalities and States operating under the Dillon Rule, as articulated in Hunter v. Pittsburgh, 207 U.S. 161 (1907); and
(II)
added
Statewide mechanisms to preserve existing affordability over the long term, including support for land banks and community land trusts;
(x)
added
public comments elicited under paragraph (2)(A); and
(xi)
added
other considerations, as identified by the Secretary.
(d)
added
Abolishment of the regulatory barriers clearinghouse—
(1)
added
In general— The Regulatory Barriers Clearinghouse established pursuant to section 1205 of the Housing and Community Development Act of 1992 (42 U.S.C. 12705d) is abolished.
(2)
added
Repeal— Section 1205 of the Housing and Community Development Act of 1992 (42 U.S.C. 12705d) is repealed.
(1)
added
Initial report— Not later than 5 years after the date on which the Assistant Secretary publishes the guidelines and best practices for State and local zoning frameworks, the Assistant Secretary shall submit to Congress a report describing—
(A)
added
the States that have adopted recommendations from the guidelines and best practices, pursuant to subsection (c);
(B)
added
a summary of the localities that have adopted recommendations from the guidelines and best practices, pursuant to subsection (c);
(C)
added
a list of States that adopted a State zoning framework;
(D)
added
a summary of the modifications that each State has made in their State zoning framework;
(E)
added
a general summary of the types of updates localities have made to their local zoning framework;
(F)
added
of the States that have adopted a State zoning framework or recommendations from the guidelines and best practices, the effect of such adoptions; and
(G)
added
a summary of recommendations that were routinely not adopted by States or by localities.
(2)
added
Monitoring— Two years after the date which the Assistant Secretary submits to Congress the initial report required under paragraph (1), and biennially thereafter, the Secretary shall—
(A)
added
publish a report that—
(i)
added
provides the latest information regarding the information described in subparagraphs (A) through (G) of that paragraph;
(ii)
added
identifies, to the greatest extent practicable, the adoption rates by States and localities of each guideline and best practice established under subsection (c);
(iii)
added
requests and establishes a public comment period on the guidelines and best practices established under subsection (c) that are routinely not adopted or adopted at significantly lower rates by States and localities; and
(iv)
added
includes other relevant information and criteria, as determined by the Secretary; and
(B)
added
review and consider all public feedback to the report required under subparagraph (A) for the purpose of improving the guidelines or best practices under subsection (c) to further achieve the zoning goals stated in subsection (a).
(f)
added
GAO report on housing supply— 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 Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that investigates barriers to housing supply, which shall include an assessment of—
(1)
added
the current state of—
(A)
added
the rental and homeowner housing supply shortage;
(B)
added
geographic patterns of that shortage;
(C)
added
shortages in housing at various levels of affordability; and
(D)
added
shortages in housing appropriate for seniors, families with children, and people with disabilities;
(2)
added
the key drivers of the shortages described in paragraph (1);
(3)
added
regulatory, administrative, or procedural barriers that exist in Federal housing programs that inhibit housing development, and policy actions that can be taken to address those barriers;
(4)
added
the extent to which jurisdictions have successfully implemented zoning or other policy reforms to increase housing production and supply; and
(5)
added
opportunities for increasing coordination between the Department of Housing and Urban Development, the Federal Housing Finance Agency, the Department of Agriculture, the Department of the Treasury, and other agencies to address housing supply.
(g)
added
Authorization of appropriations— There is authorized to be appropriated to the Secretary to carry out this section such sums as may be necessary for each of fiscal years 2026 through 2030.
(h)
added
Rule of construction— Nothing in this section may be construed to permit the Department of Housing and Urban Development to take an adverse action against or fail to provide otherwise offered actions or services for any State or locality if the State or locality declines to adopt a guideline or best practice under subsection (c).
Sec. 5204
Whole-Home Repairs Act
added
(a)
added
Definitions— In this section:
(1)
added
Affordable unit— The term affordable unit means a unit for which the monthly rental payment is not more than 30 percent of the gross income of an individual earning at or below 80 percent of the area median income, as defined by the Secretary.
(2)
added
Assisted unit— The term assisted unit means a unit that undergoes repair or rehabilitation work through a whole-home repairs program administered by an implementing organization under this section.
(3)
added
Eligible homeowner— The term eligible homeowner means a homeowner—
(A)
added
with a household income that—
(i)
added
is not more than 80 percent of the area median income; or
(ii)
added
meets the income eligibility requirements for receiving assistance or benefits under a specified program, as defined in paragraph (11); and
(i)
added
an owner of record as evidenced by a publicly recorded deed and occupies the home on which repairs are to be conducted as their principal residence;
(ii)
added
an owner-occupant of the manufactured home on which repairs are to be conducted; or
(iii)
added
an owner who can demonstrate an ownership interest in the property on which repairs are to be conducted, including a person who has inherited an interest in that property.
(4)
added
Eligible landlord— The term eligible landlord means an individual—
(A)
added
who owns, as determined by the relevant implementing organization, fewer than 10 eligible rental properties, with a majority of affordable units and not more than 50 total units, operated as primary residences in which a majority ownership interest is held by the individual, the spouse of the individual, or the dependent children of the individual, or any closely held legal entity controlled by the individual, the spouse of the individual, or the dependent children of the individual, either individually or collectively; and
(B)
added
who agrees to the provisions described in subsection (b)(3).
(5)
added
Eligible rental property— The term eligible rental property means a residential property that—
(A)
added
is leased, or offered exclusively for lease, as a primary residence by an eligible landlord; and
(B)
added
includes affordable units.
(6)
added
Forgivable loan— The term forgivable loan means a loan—
(A)
added
made to an eligible landlord;
(B)
added
that is secured by a lien recorded against a residential property; and
(C)
added
that may be forgiven by the implementing organization not later than the date that is 3 years after the completion of the repairs if the eligible landlord has maintained compliance with the loan agreement described in subsection (b)(3).
(7)
added
Implementing organization— The term implementing organization—
(A)
added
means a unit of general local government or a State that—
(i)
added
will administer a whole-home repairs program through an agency, department, or other entity; or
(ii)
added
enter into agreements with 1 or more local governments, municipal authorities, other governmental authorities, including a tribally designated housing entity, or qualified nonprofit organizations, to administer a whole-home repairs program as a subrecipient; and
(B)
added
does not include a redundant entity in a jurisdiction already served by a grantee under subsection (b).
(8)
added
Indian Tribe— The term Indian tribe has the meaning given the term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103).
(9)
added
Qualified nonprofit— The term qualified nonprofit means a nonprofit organization that—
(A)
added
has received funding, as a recipient or subrecipient, through—
(i)
added
the Community Development Block Grant program under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.);
(ii)
added
the HOME Investment Partnerships program under subtitle A of title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12741 et seq.);
(iii)
added
the Lead-Based Paint Hazard Reduction grant program under section 1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4852) or a grant under the Healthy Homes Initiative administered by the Secretary pursuant to sections 501 and 502 of the Housing and Urban Development Act of 1970 (12 U.S.C. 1701z–1, 1701z–2);
(iv)
added
the Self-Help and Assisted Homeownership Opportunity program authorized under section 11 of the Housing Opportunity Program Extension Act of 1996 (42 U.S.C. 12805 note);
(v)
added
a rural housing program under title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.); or
(vi)
added
the Neighborhood Reinvestment Corporation established under the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101 et seq.);
(B)
added
has coordinated, performed, or otherwise been engaged in weatherization, lead remediation, or home-repair work for not less than 2 years;
(C)
added
has been certified by the Environmental Protection Agency, or by a State authorized by the Environmental Protection Agency to administer a certification program, as—
(i)
added
eligible to carry out activities under the lead renovation, repair and painting program; or
(ii)
added
a Home Certification Organization under the Energy Star program established by section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a) or the WaterSense program under section 324B of that Act (42 U.S.C. 6294b), or recognized or otherwise approved by the Environmental Protection Agency as a Home Certification Organization under either of those programs; or
(D)
added
is a community development financial institution, as defined in section 103 of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4702).
(10)
added
Secretary— The term Secretary means the Secretary of Housing and Urban Development.
(11)
added
Specified program— For purposes of paragraph (3)(A)(ii), the term specified program means any of the following:
(A)
added
The Medicaid program established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).
(B)
added
The State Children's Health Insurance Program established under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.).
(C)
added
The supplemental security income benefits program established under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.).
(D)
added
The supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
(E)
added
The temporary assistance for needy families program established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.).
(12)
added
State— The term State means—
(A)
added
each State of the United States;
(B)
added
the District of Columbia;
(C)
added
the Commonwealth of Puerto Rico;
(D)
added
any territory or possession of the United States; and
(E)
added
an Indian tribe.
(13)
added
Tribally designated housing entity— The term tribally designated housing entity has the meaning given the term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103).
(14)
added
Whole-home repairs— The term whole-home repairs means modifications, repairs, or updates to homeowner or renter-occupied units to address—
(A)
added
physical and sensory accessibility for individuals with disabilities and older adults, such as bathroom and kitchen modifications, installation of grab bars and handrails, guards and guardrails, lifting devices, ramp additions or repairs, sidewalk addition or repair, or doorway or hallway widening;
(B)
added
habitability and safety concerns, such as repairs needed to ensure residential units are fit for human habitation and free from defective conditions or health and safety hazards; or
(C)
added
energy and water efficiency, resilience, and weatherization.
(1)
added
Establishment— Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a pilot program to provide grants to implementing organizations to administer a whole-home repairs program for eligible homeowners and eligible landlords.
(2)
added
Use of funds— An implementing organization that receives a grant under this subsection—
(A)
added
shall provide grants to eligible homeowners to implement whole-home repairs not covered by other Federal home repair programs and up to a maximum amount per unit, which maximum amount should—
(i)
added
reflect local construction costs and the level of repairs needed in each unit; and
(ii)
added
be calculated and approved by the Secretary;
(B)
added
shall provide loans, which may be forgivable, to eligible landlords to implement whole-home repairs not covered by other Federal home repair programs for individual affordable units, public and common use areas within the property, and common structural elements up to a maximum amount per unit, area, or element, as applicable, which maximum amount should—
(i)
added
reflect local construction costs; and
(ii)
added
be calculated and approved by the Secretary;
(C)
added
shall evaluate, or provide assistance to eligible homeowners and eligible landlords to evaluate, whole-home repair program funds provided under this subsection with Federal, State, and local home repair programs to provide the greatest benefit to the greatest number of eligible landlords and eligible homeowners and avoid duplication of benefits and redundancies;
(D)
added
shall ensure that—
(i)
added
all repairs funded or facilitated through an award under this subsection have been completed;
(ii)
added
if repairs are not completed and the plan for whole-home repairs is not updated to reflect the new scope of work, that the loan or grant is repaid on a prorated basis based on completed work; and
(iii)
added
any unused grant or loan balance is returned to the implementing organization, and is reused by the implementing organization for a new whole-home repair grant or loan under this subsection;
(E)
added
may use not more than 5 percent of the awarded funds to carry out related functions, including workforce training for home repair professions, which shall be related to efforts to increase the number of home repairs performed and approved by the Secretary;
(F)
added
may use not more than 10 percent of the awarded funds for administrative expenses;
(G)
added
shall comply with Federal accessibility requirements and standards under applicable Federal fair housing and civil rights laws and regulations, including section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); and
(H)
added
shall ensure that rental properties assisted under subparagraph (B) shall be treated as projects assisted under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.).
(3)
added
Loan agreement— In a loan agreement with an eligible landlord under this subsection, an implementing organization shall include provisions establishing that the eligible landlord shall, for each eligible rental property for which a loan is used to fund repairs under this subsection—
(A)
added
comply with Federal accessibility requirements and standards under applicable Federal fair housing and civil rights laws and regulations, including section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); and
(i)
added
if the landlord is renting the assisted units available in the eligible rental property to tenants receiving tenant-based rental assistance under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)), under another tenant-based rental assistance program administered by the Secretary or the Secretary of Agriculture, or under a tenant-based rental subsidy provided by a State or local government, comply with the program requirements under the relevant tenant-based rental assistance program; or
(ii)
added
if the eligible landlord is not renting to tenants receiving rental-based assistance as described in clause (i)—
(aa)
added
offer to extend the lease of current tenants on current terms, other than the terms described in subclause (iv) for not less than 3 years beginning after the completion of the repairs, unless the lease is terminated due to failure to pay rent, performance of an illegal act within the rental unit, or a violation of an obligation of tenancy that the tenants failed to correct after notice; and
(bb)
added
if the tenant of an assisted unit moves out of the assisted unit at any point in the 3-year period following the loan agreement, maintain the unit as an affordable unit for the remainder of the 3-year period;
(II)
added
provide documentation verifying that the property, upon completion of approved renovations, has met all applicable State and local housing and building codes;
(III)
added
attest that the landlord has no known serious violations of renter protections that have resulted in fines, penalties, or judgments during the preceding 10 years; and
(IV)
added
cap annual rent increases for each assisted unit at 5 percent of base rent or inflation, whichever is lower, for not less than 3 years beginning after the completion of the repairs.
(A)
added
In general— An implementing organization desiring an award under this subsection shall submit to the Secretary an application that includes—
(i)
added
the geographic scope of the whole-home repairs program to be administered by the implementing organization, including the plan to address need in any rural, suburban, or urban area within a jurisdiction;
(ii)
added
a plan for selecting subrecipients, if applicable;
(iii)
added
how the implementing organization plans to execute the coordination of Federal, State, and local home repair programs, including programs administered by the Department of Energy or the Department of Agriculture, to increase efficiency and reduce redundancy;
(iv)
added
available data on the need for affordable and quality housing within the geographic scope of the whole-home repairs program, and any plans to preserve affordability through the term of the award;
(v)
added
how the implementing organization plans to process and verify applications for grants from eligible homeowners and applications for loans from eligible landlords; and
(vi)
added
such other information as the Secretary requires to determine the ability of an applicant to carry out a program under this subsection.
(B)
added
Considerations— In making awards under this subsection, the Secretary shall—
(i)
added
with respect to applications submitted by States other than the District of Columbia and the territories of the United States, prioritize those applications with a demonstrated plan to—
(I)
added
make a good faith effort to implement the pilot program in every jurisdiction; and
(II)
added
provide non-metropolitan areas, or subrecipients serving non-metropolitan areas if applicable, with a share of total funds commensurate to their population;
(ii)
added
aim to select applicants so that the awardees collectively span diverse geographies, with an intent to understand the impact of the pilot program under this subsection in urban, suburban, rural, and Tribal settings; and
(iii)
added
not disqualify implementing organizations that were awarded grants under the pilot program in prior application cycles.
(5)
added
Program information— The Secretary shall make available to grant recipients under this subsection information regarding existing Federal programs for which grant recipients may coordinate or provide assistance in coordinating applications for those programs in accordance with paragraph (2)(C).
(6)
added
Grant number— In each year in which an award is made under this subsection, the Secretary shall award assistance to—
(A)
added
not less than 2, and not more than 10, implementing organizations, as application numbers and funding permit; and
(B)
added
not more than 1 implementing organization in any State.
(7)
added
Loans that are not forgiven— If a loan made by an implementing organization under paragraph (2)(B) is not forgiven, the loan repayment funds shall be reused by the implementing organization for a new whole-home repair grant or loan under this subsection, which shall remain subject to the original terms of the assistance awarded under this subsection.
(8)
added
Supplement, not supplant— Amounts awarded under this subsection to implementing organizations shall supplement, not supplant, other Federal, State, and local funds made available to those entities.
(9)
added
Streamlining program delivery and ensuring efficiency— To the extent possible, in carrying out the pilot program under this subsection, the Secretary shall—
(A)
added
endeavor to improve efficiency of service delivery, as well as the experience of and impact on the taxpayer, by encouraging programmatic collaboration and information sharing across Federal, State, and local programs for home repair or improvement, including programs administered by the Department of the Agriculture; and
(B)
added
enhance collaboration and cross-agency streamlining efforts that reduce the burdens of multiple income verification processes and applications on the eligible homeowner, the eligible landlord, the implementing organization, and the Federal Government, including by establishing assistance application procedures for income eligibility under this subsection that recognize income eligibility determinations for assistance using any of the criteria under subsection (a)(3)(A) that have been used for assistance applications during the 1-year period preceding the date on which an eligible homeowner or eligible landlord applies for assistance under this subsection.
(10)
added
Reporting requirements—
(A)
added
Annual report— An implementing organization that receives a grant under this subsection shall submit to the Secretary an annual report on initial funding that includes—
(i)
added
the number of units served, including reporting on both homeownership and rental units, as well as accessible units;
(ii)
added
the average cost per unit for modifications or repairs and the nature of those modifications or repairs, including reporting on accessibility and both homeownership and rental units;
(iii)
added
the number of applications received, served, denied, or not completed, disaggregated by geographic area;
(iv)
added
the aggregated demographic data of grant recipients, which may include data on income range, urban, suburban, and rural residency, age, and racial and ethnic identity;
(v)
added
the aggregated demographic data of loan recipients, which may include data on income range, urban, suburban, and rural residency, age, and racial and ethnic identity;
(vi)
added
an affirmation that the implementation organization has complied with the applicable regulations, including compliance with Federal accessibility requirements;
(vii)
added
in the first year of receiving a grant, and as certified in subsequent reports, a comprehensive plan to prevent waste, fraud, and abuse in the administration of the pilot program, which shall include, at a minimum—
(I)
added
a policy enacted and enforced by the implementing organization to monitor ongoing expenditures under this subsection and ensure compliance with applicable regulations;
(II)
added
a policy enacted and enforced by the implementing organization to detect and deter fraudulent activity, including fraud occurring in individual projects and patterns of fraud by parties involved in the expenditure of funds under this subsection;
(III)
added
a statement setting forth any violations detected by the implementing organization during the previous calendar year, including details about steps taken to achieve compliance and any remedial measures; and
(IV)
added
a certification by the chief executive or most senior compliance officer of the organization that the organization maintains sufficient staff and resources to effectively carry out the above-mentioned policies; and
(viii)
added
such other information as the Secretary may require.
(B)
added
Reporting requirement alignment— To limit the costs of implementing the pilot program under this subsection, the Secretary shall endeavor, to the extent possible, to structure reporting requirements such that they align with the data reporting requirements in place for funding streams that implementing organizations are likely to use in partnership with funding from this subsection, including the reporting requirements under—
(i)
added
the Community Development Block Grant program under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.);
(ii)
added
the HOME Investment Partnerships program under subtitle A of title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12741 et seq.);
(iii)
added
the Weatherization Assistance Program for low-income persons established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.); and
(iv)
added
the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.).
(C)
added
Pilot program period reports— Not less frequently than twice during the period in which the pilot program established under this subsection operates, the Office of Inspector General of the Department of Housing and Urban Development shall complete an assessment of the implementation of measures to ensure the fair and legitimate use of the pilot program.
(D)
added
Summary to Congress— The Secretary 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 an annual report providing a summary of the data provided under subparagraphs (A) and (C) during the 1-year period preceding the report and all data previously provided under those subparagraphs.
(11)
added
Funding— The Secretary—
(A)
added
is authorized to use up to $30,000,000 of funds made available as provided in appropriations Acts for programs administered by the Office of Lead Hazard Control and Healthy Homes to carry out the pilot program under this subsection; and
(B)
added
shall submit to the Committee on Appropriations and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Appropriations and the Committee on Financial Services of the House of Representatives a report on the appropriations accounts from which the Secretary will derive the funding under subparagraph (A).
(12)
added
Environmental review— A grant under this subsection shall be—
(A)
added
treated as assistance for a special project for purposes of section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994 (42 U.S.C. 3547); and
(B)
added
subject to the regulations promulgated by the Secretary to implement such section.
(13)
added
Termination— The pilot program established under this subsection shall terminate on October 1, 2031.
Sec. 5205
Community Investment and Prosperity Act
added
(a)
added
Revised Statutes— The paragraph designated as the “Eleventh” of section 5136 of the Revised Statutes of the United States (12 U.S.C. 24) is amended, in the fifth sentence, by striking “15” each place the term appears and inserting “20”.
(b)
added
Federal Reserve Act— Section 9(23) of the Federal Reserve Act (12 U.S.C. 338a) is amended, in the fifth sentence, by striking “15” each place the term appears and inserting “20”.
Sec. 5206
Build Now Act
added
(a)
added
Definitions— In this section:
(1)
added
Covered recipient— The term covered recipient means a metropolitan city or urban county, as those terms are defined in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302), that receives funds under section 106.
(2)
added
Current annual growth rate— The term current annual growth rate, with respect to an eligible recipient and a fiscal year, means the average annual percentage increase in the number of housing units in the jurisdiction of the eligible recipient, as calculated by the Secretary, during the period—
(A)
added
beginning with the third quarter of the sixth preceding fiscal year; and
(B)
added
ending with the third quarter of the preceding fiscal year.
(3)
added
Eligible recipient— The term eligible recipient means any covered recipient unless—
(i)
added
the median Small Area Fair Market Rent in the jurisdiction of the covered recipient is at or below the 60th percentile of median Small Area Fair Market Rents in the jurisdictions of all covered recipients; and
(ii)
added
the median home value in the jurisdiction of the covered recipient is below the median home value for the United States;
(B)
added
the annual natural rental vacancy rate in the jurisdiction of the covered recipient is greater than the national annual natural rental vacancy rate for the most recent year available, as published by the Bureau of the Census;
(C)
added
during the 1-year period preceding the date on which the Secretary allocates funds under section 106, the jurisdiction of the covered recipient has been the subject of a major disaster or emergency declaration under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170, 5191); or
(D)
added
the covered recipient lacks the legal authority to enact or update zoning and permitting ordinances.
(4)
added
Extremely high-growth recipient— The term extremely high-growth recipient means an eligible recipient for which the current annual growth rate is at or above 4 percent.
(5)
added
Housing growth improvement rate— The term housing growth improvement rate, with respect to an eligible recipient and a fiscal year, means the quotient of—
(i)
added
the current annual growth rate of the eligible recipient, minus
(ii)
added
the prior annual growth rate of the eligible recipient; and
(B)
added
the sum obtained by adding the absolute values of the current annual growth rate and the prior annual growth rate of the eligible recipient.
(6)
added
Prior annual growth rate— The term prior annual growth rate, with respect to an eligible recipient and a fiscal year, means the average annual percentage increase in the number of housing units in the jurisdiction of the eligible recipient, as calculated by the Secretary, during the period—
(A)
added
beginning with the third quarter of the 11th preceding fiscal year; and
(B)
added
ending with the third quarter of the sixth preceding fiscal year.
(7)
added
Secretary— The term Secretary means the Secretary of Housing and Urban Development.
(8)
added
Section 106— The term section 106 means section 106 of the Housing and Community Development Act of 1974 (42 U.S.C. 5306).
(b)
added
Adjustments to community development block grant allocations—
(1)
added
In general— In allocating amounts to an eligible recipient under section 106 for a fiscal year, the Secretary shall adjust the allocation based on the housing growth improvement rate of the eligible recipient, in accordance with paragraph (2) of this subsection.
(A)
added
Housing growth improvement rate at or above median; extremely high-growth recipients—
(i)
added
In general— If, with respect to a fiscal year for which the allocation under section 106 is being determined, the housing growth improvement rate for an eligible recipient is at or above the median housing growth improvement rate for all eligible recipients other than extremely high-growth recipients, or if an eligible recipient is an extremely high-growth recipient, the Secretary shall allocate to the eligible recipient for that fiscal year, in addition to the amount that would otherwise be allocated to the eligible recipient under section 106, a bonus amount, as determined under clause (ii) of this subparagraph.
(ii)
added
Bonus amount— For purposes of clause (i), the bonus amount for an eligible recipient for a fiscal year shall be equal to the product of—
(I)
added
the aggregate amount by which allocations to eligible recipients are decreased under subparagraph (B) for that fiscal year; and
(II)
added
the quotient of—
(aa)
added
the number of housing units, as of the third quarter of the preceding fiscal year, in the jurisdiction of the eligible recipient, as calculated by the Secretary; and
(bb)
added
the number of housing units, as of the third quarter of the preceding fiscal year, in the jurisdictions of all eligible recipients that receive a bonus amount under this paragraph, as calculated by the Secretary.
(B)
added
Housing growth improvement rate below median— If, with respect to a fiscal year for which the allocation under section 106 is being determined, the housing growth improvement rate for an eligible recipient is below the median housing growth improvement rate for all eligible recipients other than high-growth outliers, the Secretary shall decrease the amount that would otherwise be allocated to the eligible recipient under section 106 for that fiscal year by 10 percent.
(c)
added
Calculation of housing units—
(1)
added
Housing and Urban Development requirements— In calculating the number of housing units in the jurisdiction of an eligible recipient under any provision of this section, the Secretary shall—
(A)
added
use the Current Address Count Listing Files and other data products, as needed, of the Bureau of the Census tabulated from the Master Address File; and
(B)
added
make calculations at the block level, using boundaries that reflect the most current boundaries.
(2)
added
Census Bureau and Postal Service requirements— The Bureau of the Census and the United States Postal Service shall provide any relevant data to the Secretary upon request to assist the Secretary in making a calculation described in paragraph (1).
(3)
added
Adjustment of calculation periods— The Secretary may adjust the calculation periods under subparagraphs (A) and (B) of subsection (a)(2), subparagraphs (A) and (B) of subsection (a)(6), and items (aa) and (bb) of subsection (b)(2)(A)(ii)(II) by not more than 2 months to achieve alignment with the data provided by the Bureau of the Census.
(d)
added
Annual report on housing growth improvement rate— Before allocating funds under section 106 for a fiscal year, the Secretary shall publish a report that—
(1)
added
includes the housing growth improvement rate for each eligible recipient; and
(2)
added
lists, for the most recent fiscal year for which allocations were made under section 106—
(A)
added
the eligible recipients that received a bonus amount under subsection (b)(2)(A); and
(B)
added
the eligible recipients for which the allocation under section 106 was decreased under subsection (b)(2)(B) of this section.
(e)
added
Notification; implementation dates—
(A)
added
In general— Not later than 60 days after the date of enactment of this Act, the Secretary shall notify each eligible recipient of the recipient’s housing growth improvement rate and whether that housing growth improvement rate is above, at, or below the median housing growth improvement rate for all eligible recipients other than extremely high-growth recipients.
(B)
added
Guidance— As part of the notification under subparagraph (A), the Secretary shall share guidance, including resources developed by the Department of Housing and Urban Development, on best practices and recommendations on policies to reduce regulatory barriers to housing and increase housing supply.
(2)
added
Implementation dates— Subsection (b) shall take effect beginning with the third full fiscal year after the date of enactment of this Act and remain in effect through fiscal year 2043.
(3)
added
No effect on previous appropriations— This section shall not apply to amounts appropriated before the date of enactment of this Act.
Sec. 5207
Better Use of Intergovernmental and Local Development (BUILD) Housing Act
added
(a)
added
Designation of environmental review procedure— The Department of Housing and Urban Development Act (42 U.S.C. 3531 et seq.) is amended by inserting after section 12 (42 U.S.C. 3537a) the following:
added
“13. Designation of environmental review procedure
added
“(a) In general—Except as provided in subsection (b), the Secretary may, for purposes of environmental review, decision making, and action pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and other provisions of law that further the purposes of such Act, designate the treatment of assistance administered by the Secretary as funds for a special project for purposes of section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994 (42 U.S.C. 3547).
added
“(b) Exception—The designation described in subsection (a) shall not apply to assistance for which a procedure for carrying out the responsibilities of the Secretary under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and other provisions of law that further the purposes of such Act, is otherwise specified in law.”
(b)
added
Tribal assumption of environmental review obligations— Section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994 (42 U.S.C. 3547) is amended—
(1)
added
by striking “State or unit of general local government” each place it appears and inserting “State, Indian tribe, or unit of general local government”;
(2)
added
in paragraph (1)(C), in the heading, by striking “State or unit of general local government” and inserting “State, Indian tribe, or unit of general local government”; and
(3)
added
by adding at the end the following:
added
“(5) Definition of Indian tribe—For purposes of this subsection, the term Indian tribe means a federally recognized tribe, as defined in section 4(13)(B) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103(13)(B)).”
Sec. 5208
Unlocking Housing Supply Through Streamlined and Modernized Reviews Act
added
(a)
added
Definitions— In this section:
(1)
added
Infill project— The term infill project means a project that—
(A)
added
occurs within the geographic limits of a municipality;
(B)
added
is adequately served by existing utilities and public services as required under applicable law;
(C)
added
is located on a site of previously disturbed land of not more than 5 acres and substantially surrounded by residential or commercial development;
(D)
added
will repurpose a vacant or underutilized parcel of land, or a dilapidated or abandoned structure; and
(E)
added
will serve a residential or commercial purpose.
(2)
added
Secretary— The term Secretary means the Secretary of Housing and Urban Development.
(b)
added
NEPA streamlining for HUD housing-related activities—
(1)
added
In general— The Secretary shall, in accordance with section 553 of title 5, United States Code, and section 103 of the National Environmental Policy Act of 1969 (42 U.S.C. 4333), expand and reclassify housing-related activities under the necessary administrative regulations as follows:
(A)
added
The following housing-related activities shall be subject to regulations equivalent or substantially similar to the regulations entitled “exempt activities” as set forth in section 58.34 of title 24, Code of Federal Regulations, as in effect on January 1, 2025:
(i)
added
Tenant-based rental assistance.
(ii)
added
Supportive services, including health care, housing services, permanent housing placement, day care, nutritional services, short-term payments for rent, mortgage, or utility costs, and assistance in gaining access to Federal Government and State and local government benefits and services.
(iii)
added
Operating costs, including maintenance, security, operation, utilities, furnishings, equipment, supplies, staff training, and recruitment and other incidental costs.
(iv)
added
Economic development activities, including equipment purchases, inventory financing, interest subsidies, operating expenses, and similar costs not associated with construction or expansion of existing operations.
(v)
added
Activities to assist homebuyers to purchase existing dwelling units or dwelling units under construction, including closing costs and down payment assistance, interest rate buydowns, and similar activities that result in the transfer of title.
(vi)
added
Affordable housing pre-development costs related to obtaining site options, project financing, administrative costs and fees for loan commitment, zoning approvals, and other related activities that do not have a physical impact.
(vii)
added
Approval of supplemental assistance, including insurance or guarantee, to a project previously approved by the Secretary.
(viii)
added
Emergency homeowner or renter assistance for HVAC, hot water heaters, and other necessary uses of existing utilities required under applicable law.
(B)
added
The following housing-related activities shall be subject to regulations equivalent or substantially similar to the regulations entitled, (i) “categorical exclusions not subject to section 58.5” and (ii) “categorical exclusions not subject to the Federal laws and authorities cited in sections 50.4” in section 58.35(b) and section 50.19, respectively of title 24, Code of Federal Regulations, as in effect on January 1, 2025, if such activities do not materially alter environmental conditions and do not materially exceed the original scope of the project:
(i)
added
Acquisition, repair, improvement, reconstruction, or rehabilitation of public facilities and improvements (other than buildings) if the facilities and improvements are in place and will be retained in the same use without change in size or capacity of more than 20 percent, including replacement of water or sewer lines, reconstruction of curbs and sidewalks, and repaving of streets.
(ii)
added
Rehabilitation of 1-to-4 unit residential buildings, and existing housing-related infrastructure, such as repairs or rehabilitation of existing wells, septics, or utility lines that connect to that housing.
(iii)
added
New construction, development, demolition, acquisition, or disposition on up to 4 scattered site existing dwelling units where there is a maximum of 4 units on any 1 site.
(iv)
added
Acquisitions (including leasing) or disposition of, or equity loans on an existing structure, or acquisition (including leasing) of vacant land if the structure or land acquired, financed, or disposed of will be retained for the same use.
(C)
added
The following housing-related activities shall be subject to regulations equivalent or substantially similar to the regulations entitled, (i) “categorical exclusions subject to section 58.5” and (ii) “categorical exclusions subject to the Federal laws and authorities cited in sections 50.4” in section 58.35(a) and section 50.20, respectively, of title 24, Code of Federal Regulations, as in effect on January 1, 2025, if such activities do not materially alter environmental conditions and do not materially exceed the original scope of the project:
(i)
added
Acquisitions of open space or residential property, where such property will be retained for the same use or will be converted to open space to help residents relocate out of an area designated as a high-risk area by the Secretary.
(ii)
added
Conversion of existing office buildings into residential development, subject to—
(I)
added
a maximum number of units to be determined by the Secretary; and
(II)
added
a limitation on the change in building size of not more than 20 percent.
(iii)
added
New construction, development, demolition, acquisition, or disposition on 5 to 15 dwelling units where there is a maximum of fifteen units on any 1 site. The units can be 15 1-unit buildings or 1 15-unit building, or any combination in between.
(iv)
added
New construction, development, demolition, acquisition, or disposition on 15 or more housing units developed on scattered sites when there are not more than 15 housing units on any 1 site, and the sites are more than a set number of feet apart as determined by the Secretary.
(v)
added
Rehabilitation of buildings and improvements in the case of a building for residential use with 5 to 15 units, if the density is not increased beyond 15 units and the land use is not changed.
(vi)
added
Infill projects consisting of new construction, rehabilitation, or development of residential housing units.
(vii)
added
The voluntary acquisition of properties—
(bb)
added
floodplain; or
(cc)
added
other area, clearly delineated by the grantee; and
(II)
added
that have been impacted by a predictable environmental threat to the safety and well-being of program beneficiaries caused or exacerbated by a federally declared disaster.
(c)
added
Report— The Secretary 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 an annual report during the 5-year period beginning on the date that is 2 years after the date of enactment of this Act that provides a summary of findings of reductions in review times and administrative cost reduction, with a particular focus on the affordable housing sector, as a result of the actions set forth in this section, and any recommendations of the Secretary for future congressional action with respect to revising categorical exclusions or exemptions under title 24, Code of Federal Regulations.
Sec. 5209
Innovation Fund
added
(a)
added
Definitions— In this section:
(1)
added
Attainable housing— The term attainable housing means housing that—
(i)
added
a majority of households with income not greater than 80 percent of area median income; and
(ii)
added
households with income not greater than 100 percent of area median income; or
(i)
added
a majority of households with income not greater than 60 percent of area median income; and
(ii)
added
households with income not greater than 120 percent of area median income.
(2)
added
Eligible entity— The term eligible entity means—
(A)
added
a metropolitan city or urban county, as those terms are defined in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302), that has demonstrated an objective improvement in housing supply growth, as determined by the Secretary, whose methodology for determining such growth is published in the Federal Register to allow for public comment not less than 90 days before date on which the notice of funding opportunity is made available; or
(B)
added
a unit of general local government or Indian tribe, as those terms are defined in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302), that has demonstrated an objective improvement in housing supply growth, as determined by the Secretary, whose methodology for determining such improvement is published in the Federal Register to allow for public comment not less than 90 days before the date on which the notice of funding opportunity is made available.
(3)
added
Secretary— The term Secretary means the Secretary of Housing and Urban Development.
(b)
added
Establishment of a grant program—
(1)
added
Establishment— Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a program to award grants on a competitive basis to eligible entities that have increased their local housing supply.
(2)
added
List of eligible entities— The Secretary shall make a list of eligible entities publicly available on the website of the Department of Housing and Urban Development.
(3)
added
Eligible purposes— An eligible entity receiving a grant under this section may use funds to—
(A)
added
carry out any of the activities described in section 105 of the Housing and Community Development Act of 1974 (42 U.S.C. 5305);
(B)
added
carry out any of the activities permitted under the Local and Regional Project Assistance Program established under section 6702 of title 49, United States Code;
(C)
added
serve as matching funds under a State revolving fund program related to a clean water or drinking water program administered by the Environmental Protection Agency in which the eligible entity is the grantee under that program, unless otherwise determined by the Secretary; and
(D)
added
carry out initiatives of the eligible entity that facilitate the expansion of the supply of attainable housing and that supplement initiatives the eligible entity has carried out, or is in the process of carrying out, as specified in the application submitted under paragraph (4).
(A)
added
In general— An eligible entity seeking a grant under this section shall submit to the Secretary an application that provides—
(i)
added
a description of each purpose for which the eligible entity will use the grant, and an attestation that the grant will be used only for 1 or more eligible purposes described in paragraph (3);
(ii)
added
data on characteristics of increased housing supply during the 3-year period ending on the date on which the application is submitted, which may include whether such housing—
(I)
added
serves households at a range of income levels; and
(II)
added
has improved the quality and affordability of housing in the jurisdiction of the eligible entity;
(iii)
added
a description of how each eligible purpose described in clause (i) may address a community need or advance an objective, or an aspect of an objective, included in the comprehensive housing affordability strategy and community development plan of the eligible entity under part 91 of title 24, Code of Federal Regulations, or any successor regulation (commonly referred to as a “consolidated plan”); and
(iv)
added
a description of how the eligible entity has carried out, or is in the process of carrying out, initiatives that facilitate the expansion of the supply of housing.
(B)
added
Initiatives— Initiatives that meet the criteria described in paragraph (3)(D) include—
(i)
added
increasing by-right uses, including duplex, triplex, quadplex, and multifamily buildings, in areas of opportunity;
(ii)
added
revising or eliminating off-street parking requirements to reduce the cost of housing production;
(iii)
added
revising minimum lot size requirements, floor area ratio requirements, set-back requirements, building heights, and bans or limits on construction to allow for denser and more affordable development;
(iv)
added
instituting incentives to promote dense development;
(v)
added
passing zoning overlays or other ordinances that enable the development of mixed-income housing;
(vi)
added
streamlining regulatory requirements and shortening processes, increasing code enforcement and permitting capacity, reforming zoning codes, or other initiatives that reduce barriers to increasing housing supply and affordability;
(vii)
added
eliminating restrictions against accessory dwelling units and expanding their by-right use;
(viii)
added
using local tax incentives or public financing to promote development of attainable housing;
(ix)
added
streamlining environmental regulations;
(x)
added
eliminating unnecessary manufactured-housing regulations and restrictions;
(xi)
added
minimizing the impact of overburdensome energy and water efficiency standards on housing costs; and
(xii)
added
other activities that reduce cost of construction, as determined by the Secretary.
(A)
added
In general— The Secretary shall make not fewer than 25 grants on an annual basis (unless amounts appropriated to provide grant amounts consistent with subsection (b) are insufficient, in which case fewer grants may be awarded), with strong consideration of different geographical areas and a relatively even spread of rural, suburban, and urban communities.
(B)
added
Limitations on awards— No grant awarded under this paragraph may be—
(i)
added
more than $10,000,000; or
(ii)
added
less than $250,000.
(C)
added
Priority— When awarding grants under this paragraph, the Secretary shall give priority to an eligible entity that has—
(i)
added
demonstrated the use of innovative policies, interventions, or programs for increasing housing supply, including adoption of any of the frameworks developed under section 203; and
(ii)
added
demonstrated a marked improvement in housing supply growth.
(D)
added
Grant administration and terms— Projects assisted under this section for activities described in sector 23 of the North American Industry Classification System shall be treated as projects assisted under the Community Development Block Grant program under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.).
(c)
added
Rules of construction— Nothing in this section shall be construed—
(1)
added
to authorize the Secretary to mandate, supersede, or preempt any local zoning or land use policy; or
(2)
added
to affect the requirements of section 105(c)(1) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705(c)(1)).
(d)
added
Authorization of appropriations—
(1)
added
In general— There is authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2027 through 2031.
(2)
added
Adjustment— The amount authorized to be appropriated under paragraph (1) shall be adjusted for inflation based on the Consumer Price Index.
Sec. 5210
Accelerating Home Building Act
added
(a)
added
Definitions— In this section:
(1)
added
Affordable housing— The term affordable housing means housing for which the total monthly housing cost payment is not more than 30 percent of the monthly household income for a household earning not more than 80 percent of the area median income.
(2)
added
Covered structure— The term covered structure means—
(A)
added
a low-rise or mid-rise structure with not more than 25 dwelling units; and
(i)
added
an accessory dwelling unit;
(ii)
added
infill development;
(vi)
added
a cottage court;
(vii)
added
a courtyard building;
(ix)
added
a multiplex; and
(x)
added
any other structure with not less than 2 dwelling units that the Secretary considers appropriate.
(3)
added
Eligible entity— The term eligible entity means—
(A)
added
a unit of general local government, as defined in section 102(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a));
(B)
added
a municipal membership organization; and
(C)
added
an Indian tribe, as defined in section 102(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)).
(4)
added
High opportunity area— The term high opportunity area has the meaning given the term in section 1282.1 of title 12, Code of Federal Regulations, or any successor regulation.
(5)
added
Infill development— The term infill development means residential development on small parcels in previously established areas for replacement by new or refurbished housing that utilizes existing utilities and infrastructure.
(6)
added
Mixed-income housing— The term mixed-income housing means a housing development that is comprised of housing units that promote differing levels of affordability in the community.
(7)
added
Pre-reviewed designs— The term pre-reviewed designs, also known as pattern books, means sets of construction plans that are assessed and approved by localities for compliance with local building and permitting standards to streamline and expedite approval pathways for housing construction.
(8)
added
Rural area— The term rural area means any area other than a city or town that has a population of less than 50,000 inhabitants.
(9)
added
Secretary— The term Secretary means the Secretary of Housing and Urban Development.
(b)
added
Authority— The Secretary may award grants to eligible entities to select pre-reviewed designs of covered structures of mixed-income housing for use in the jurisdiction of the eligible entity, except that such grant awards may not be used for construction, alteration, or repair work.
(c)
added
Considerations— In reviewing applications submitted by eligible entities for a grant under this section, the Secretary shall consider—
(1)
added
the need for affordable housing by the eligible entity;
(2)
added
the presence of high opportunity areas in the jurisdiction of the eligible entity;
(3)
added
coordination between the eligible entity and a State agency; and
(4)
added
coordination between the eligible entity and State, local, and regional transportation planning authorities.
(d)
added
Set-aside for rural areas— Of the amount made available in each fiscal year for grants under this section, the Secretary shall ensure that not less than 10 percent shall be used for grants to eligible entities that are located in rural areas.
(e)
added
Reports— The Secretary shall require eligible entities receiving grants under this section to report on—
(1)
added
the impacts of the activities carried out using the grant amounts in improving the production and supply of affordable housing;
(2)
added
the pre-reviewed designs selected using the grant amounts in their communities;
(3)
added
the number of permits issued for housing development utilizing pre-reviewed designs; and
(4)
added
the number of housing units produced in developments utilizing the pre-reviewed designs.
(f)
added
Availability of information— The Secretary shall—
(1)
added
to the extent possible, encourage localities to make publicly available through a website information on the pre-reviewed designs selected and submitted to the Secretary by eligible entities receiving grants under this section, including information on the benefits of use of those designs; and
(2)
added
collect, identify, and disseminate best practices regarding such designs and make such information publicly available on the website of the Department of Housing and Urban Development.
(g)
added
Design adoption and repayment— The Secretary may require an eligible entity to return to the Secretary any grant funds received under this section if the selected pre-reviewed designs submitted under this section have not been adopted during the 5-year period following receipt of the grant, unless that period is extended by the Secretary.
(h)
added
Authorization of appropriations—
(1)
added
In general— There is authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.
(2)
added
Technical assistance— The Secretary may set aside not more than 5 percent of amounts appropriated under paragraph (1) in a fiscal year to provide technical assistance to grant recipients under this section and pre-grant technical assistance for prospective applicants.
Sec. 5211
Build More Housing Near Transit Act
added
added
Section 5309 of title 49, United States Code, is amended—
(1)
added
in subsection (a)—
(A)
added
by redesignating paragraph (6) as paragraph (7); and
(B)
added
by inserting after paragraph (5) the following:
added
“(6) Pro-housing policy—The term pro-housing policy—
added
“(A) means any adopted State or local policy that will remove regulatory barriers to the construction or preservation of housing units, including affordable housing units; and
added
“(B) shall include any adopted State or local policy that—
added
“(i) reduces or eliminates parking minimums;
added
“(ii) establishes a by-right approval process for housing under which land use development approval is limited to determining that the development meets objective zoning and design standards that—
added
“(I) involve no subjective judgment by a public official;
added
“(II) are uniformly verifiable by reference to an external and uniform benchmark or criterion available to both the land use developer and the public official prior to submission; and
added
“(III) include only such standards as are published and adopted by ordinance or resolution by a jurisdiction before submission of a development application;
added
“(iii) reduces or eliminates minimum lot sizes;
added
“(iv) eliminates or raises residential property height limits or increases the number of dwelling units permitted to be constructed under a by-right approval process; or
added
“(v) carries out other policies as determined by the Secretary, in consultation with the Secretary of Housing and Urban Development.”
(2)
added
in subsection (g)(2), by adding at the end the following:
added
“(D) Eligibility for adjustment of rating for project justification criteria for pro-housing policies; considerations—In evaluating and rating a project as a whole for project justification under subparagraph (A), the Secretary—
added
“(i) may increase 1 point on the 5-point scale (high, medium-high, medium, medium-low, or low) the rating of a project if the applicant submits documented evidence of pro-housing policies for areas accessible to transit facilities along the project route; and
added
“(ii) should consider whether the pro-housing policies documented by the applicant will result, through new production and preservation, in an amount of housing units, including housing units affordable below the area median income, that is appropriate to expected housing demand in the project area.
added
“(E) Consultation—In developing the evaluation process that could lead to the increased rating described in subparagraph (D)(i), the Secretary shall consult with the Secretary of Housing and Urban Development.”
(3)
added
in subsection (h)(6), by adding at the end the following:
added
“(C) Eligibility for adjustment of rating for project justification criteria for pro-housing policies; considerations—In evaluating and rating the benefits of a project under subparagraph (A), the Secretary—
added
“(i) may increase the rating of a project if the applicant submits documented evidence of pro-housing policies for areas accessible to transit facilities along the project route; and
added
“(ii) should consider whether the pro-housing policies documented by the applicant will result, through new production and preservation, in an amount of housing units, including housing units affordable below the area median income, that is appropriate to expected housing demand in the project area.
added
“(D) Consultation—In developing the evaluation process that could lead to the increased rating described in subparagraph (C)(i), the Secretary shall consult with the Secretary of Housing and Urban Development.”
(4)
added
in subsection (o)—
(A)
added
in paragraph (1)—
(i)
added
in subparagraph (B), by striking “and” at the end;
(ii)
added
in subparagraph (C), by striking the period at the end and inserting “; and”; and
(iii)
added
by adding at the end the following:
added
“(D) information concerning projects for which the applicant submitted pro-housing policies under subsection (g)(2)(D) or subsection (h)(6) and received an adjustment of rating for project justification.”
Sec. 5212
Revitalizing Empty Structures Into Desirable Environments (RESIDE) Act
added
(a)
added
In general— Subtitle A of title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12741 et seq.) is amended by adding at the end the following:
added
“227. Revitalizing empty structures into desirable environments
added
“(a) Definitions—In this section:
added
“(1) Attainable housing—The term attainable housing means housing that—
added
“(A) serves households earning not more than 100 percent of the area median income, if a majority of the housing units are affordable to households earning not more than 80 percent of the area median income; or
added
“(B) serves households earning not more than 120 percent of the area median income, if the majority of the housing units are affordable to households earning not more than 60 percent of the area median income.
added
“(2) Converted housing unit—The term converted housing unit means a housing unit that is created using a covered grant.
added
“(3) Covered grant—The term covered grant means a grant awarded under the Pilot Program.
added
“(4) Eligible entity—The term eligible entity means a participating jurisdiction.
added
“(5) Pilot Program—The term Pilot Program means the Blighted Building to Housing Conversion Program carried out under subsection (b).
added
“(6) Vacant and abandoned building—The term vacant and abandoned building means a property—
added
“(A) that was constructed for use as a warehouse, factory, mall, strip mall, or hotel, or for another industrial or commercial use; and
added
“(B)
added
“(i) with respect to which—
added
“(I) a code enforcement inspection has determined that the property is not safe; and
added
“(II) not less than 90 days have elapsed since the owner was notified of the deficiencies in the property and the owner has taken no corrective action; or
added
“(ii) that is subject to a court-ordered receivership or nuisance abatement related to abandonment pursuant to State or local law or otherwise meets the definition of an abandoned property under State law.
added
“(b) Grant program—For each of fiscal years 2027 through 2031, if the amounts made available to carry out the this subtitle exceed $1,350,000,000, the Secretary may use not more than $100,000,000 of the excess amounts to carry out a pilot program, to be known as the “Blighted Building to Housing Conversion Program”, under which the Secretary awards grants on a competitive basis to eligible entities to convert vacant and abandoned buildings into attainable housing.
added
“(c) Amount of grant
added
“(1) In general—For any fiscal year for which $100,000,000 is available to carry out the Pilot Program pursuant to subsection (b), the amount of a covered grant shall be not less than $1,000,000 and not more than $10,000,000.
added
“(2) Fiscal years with lower funding—For any fiscal year for which less than $100,000,000 is available to carry out the Pilot Program pursuant to subsection (b), the Secretary shall seek to maximize the number of covered grants awarded.
added
“(d) Relation to formula allocation—A covered grant awarded to an eligible entity shall be in addition to, and shall not affect, the formula allocation for the eligible entity under section 217.
added
“(e) Priority—In awarding covered grants, the Secretary shall give priority to an eligible entity that—
added
“(1) will use the covered grant in a community that is experiencing economic distress;
added
“(2) will use the covered grant in a qualified opportunity zone (as defined in section 1400Z–1(a) of the Internal Revenue Code of 1986);
added
“(3) will use the covered grant to construct housing that will serve a need identified in the comprehensive housing affordability strategy and community development plan of the eligible entity under part 91 of title 24, Code of Federal Regulations, or any successor regulation (commonly referred to as a “consolidated plan”); or
added
“(4) has enacted ordinances to reduce regulatory barriers to conversion of vacant and abandoned buildings to housing, which shall not include any alteration of an ordinance that governs safety and habitability.
added
“(f) Use of funds—An eligible entity may use a covered grant for—
added
“(1) property acquisition;
added
“(2) demolition;
added
“(3) health hazard remediation;
added
“(4) site preparation;
added
“(5) construction, renovation, or rehabilitation; or
added
“(6) the establishment, maintenance, or expansion of community land trusts.
added
“(g) Waiver authority—In administering covered grants, the Secretary may waive, or specify alternative requirements for, any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by eligible entities of covered grant funds (except for requirements related to fair housing, nondiscrimination, labor standards, or the environment) if the Secretary makes a public finding that good cause exists for the waiver or alternative requirement.
added
“(h) Study; report—Not later than 180 days after the termination of the Pilot Program, the Secretary shall study and submit a report to Congress on the impact of the Pilot Program on—
added
“(1) improving the tax base of local communities;
added
“(2) increasing access to affordable housing, especially for elderly individuals, disabled individuals, and veterans;
added
“(3) increasing homeownership; and
added
“(4) removing blight.”
(b)
added
Technical and conforming amendment— The table of contents in section 1(b) of the Cranston-Gonzalez National Affordable Housing Act (Public Law 101–625; 104 Stat. 4079) is amended by inserting after the item relating to section 226 the following:
Sec. 5213
Housing Affordability Act
added
(a)
added
Multifamily loan limit study— The Commissioner of the Federal Housing Administration, in consultation with the Secretary of the Department of Housing and Urban Development, shall conduct a study to assess—
(1)
added
whether current multifamily loan limits for each multifamily mortgage insurance program are set at appropriate amounts, including to cover the cost of land and construction;
(2)
added
whether the Commissioner has sufficient authority to set loan limits for each multifamily mortgage insurance program at appropriate amounts, including to cover the cost of land and construction;
(3)
added
the potential impacts of altering the calculation of annual adjustments under section 206A of the National Housing Act (12 U.S.C. 1712a) using the percentage change in the Consumer Price Index for All Urban Consumers to instead use the percentage change in the Price Deflator Index of Multifamily Residential Units Under Construction released by the Bureau of the Census from March of the previous year to March of the year in which the adjustment is made, or a combination thereof, including—
(A)
added
the impact on the General Insurance and Special Risk Insurance Fund;
(B)
added
the availability of multifamily purchase and construction lending;
(C)
added
the impact on prices, including rental prices, within the multifamily housing market; and
(D)
added
the impact on housing supply.
(b)
added
Report— The Commissioner of the Federal Housing Administration shall submit a report to Congress within 180 days of enactment of this Act summarizing its findings under the study in subsection (a).
(c)
added
Rulemaking— The Secretary of Housing and Urban Development may, in consultation with the Commissioner of the Federal Housing Administration, conduct notice and comment rulemaking to increase multifamily loan limits in a manner that would not exceed the following:
(1)
added
With respect to insurance under section 207 of the National Housing Act (12 U.S.C. 1713)—
(A)
added
for projects that do not consist of elevator-type structures—
(i)
added
$83,655 per family unit without a bedroom;
(ii)
added
$92,664 per family unit with one bedroom;
(iii)
added
$110,682 per family unit with two bedrooms;
(iv)
added
$136,422 per family unit with three bedrooms; and
(v)
added
$154,440 per family unit with four or more bedrooms; and
(B)
added
for projects that consist of elevator-type structures—
(i)
added
$96,525 per family unit without a bedroom;
(ii)
added
$108,108 per family unit with one bedroom;
(iii)
added
$132,561 per family unit with two bedrooms;
(iv)
added
$166,023 per family unit with three bedrooms; and
(v)
added
$187,721.50 per family unit with four or more bedrooms.
(2)
added
With respect to insurance under section 213 of the National Housing Act (12 U.S.C. 1715e)—
(A)
added
for projects that do not consist of elevator-type structures—
(i)
added
$90,665.50 per family unit without a bedroom;
(ii)
added
$104,524 per family unit with one bedroom;
(iii)
added
$126,060 per family unit with two bedrooms;
(iv)
added
$161,354.50 per family unit with three bedrooms; and
(v)
added
$179,757.50 per family unit with four or more bedrooms; and
(B)
added
for projects that consist of elevator-type structures—
(i)
added
$96,525 per family unit without a bedroom;
(ii)
added
$109,362 per family unit with one bedroom;
(iii)
added
$132,981 per family unit with two bedrooms;
(iv)
added
$172,033.50 per family unit with three bedrooms; and
(v)
added
$188,839 per family unit with four or more bedrooms.
(3)
added
With respect to insurance under section 220 of the National Housing Act (12 U.S.C. 1715k)—
(A)
added
for projects that do not consist of elevator-type structures—
(i)
added
$83,655 per family unit without a bedroom;
(ii)
added
$92,664 per family unit with one bedroom;
(iii)
added
$110,682 per family unit with two bedrooms;
(iv)
added
$136,422 per family unit with three bedrooms; and
(v)
added
$154,440 per family unit with four or more bedrooms; and
(B)
added
for projects that consist of elevator-type structures—
(i)
added
$96,525 per family unit without a bedroom;
(ii)
added
$108,108 per family unit with one bedroom;
(iii)
added
$132,561 per family unit with two bedrooms;
(iv)
added
$161,023 per family unit with three bedrooms; and
(v)
added
$187,721.50 per family unit with four or more bedrooms.
(4)
added
With respect to insurance under section 221 of the National Housing Act (12 U.S.C. 1715l)—
(A)
added
for projects that do not consist of elevator-type structures—
(i)
added
$83,254.50 per family unit without a bedroom;
(ii)
added
$94,498.50 per family unit with one bedroom;
(iii)
added
$114,224 per family unit with two bedrooms;
(iv)
added
$143,372 per family unit with three bedrooms; and
(v)
added
$162,461 per family unit with four or more bedrooms; and
(B)
added
for projects that consist of elevator-type structures—
(i)
added
$89,927 per family unit without a bedroom;
(ii)
added
$103,090 per family unit with one bedroom;
(iii)
added
$125,354 per family unit with two bedrooms;
(iv)
added
$162,162 per family unit with three bedrooms; and
(v)
added
$178,008.50 per family unit with four or more bedrooms.
(5)
added
With respect to insurance under section 231 of the National Housing Act (12 U.S.C. 1715v)—
(A)
added
for projects that do not consist of elevator-type structures—
(i)
added
$83,254.50 per family unit without a bedroom;
(ii)
added
$94,498.50 per family unit with one bedroom;
(iii)
added
$114,224 per family unit with two bedrooms;
(iv)
added
$143,372 per family unit with three bedrooms; and
(v)
added
$162,461 per family unit with four or more bedrooms; and
(B)
added
for projects that consist of elevator-type structures—
(i)
added
$89,927 per family unit without a bedroom;
(ii)
added
$103,090 per family unit with one bedroom;
(iii)
added
$125,354 per family unit with two bedrooms;
(iv)
added
$162,162 per family unit with three bedrooms; and
(v)
added
$178,008.50 per family unit with four or more bedrooms.
(6)
added
With respect to insurance under section 234 of the National Housing Act (12 U.S.C. 1715y)—
(A)
added
for projects that do not consist of elevator-type structures—
(i)
added
$92,505.50 per family unit without a bedroom;
(ii)
added
$106,658 per family unit with one bedroom;
(iii)
added
$128,631.50 per family unit with two bedrooms;
(iv)
added
$164,648 per family unit with three bedrooms; and
(v)
added
$183,425 per family unit with four or more bedrooms; and
(B)
added
for projects that consist of elevator-type structures—
(i)
added
$97,350 per family unit without a bedroom;
(ii)
added
$111,593 per family unit with one bedroom;
(iii)
added
$135,696 per family unit with two bedrooms;
(iv)
added
$175,544.50 per family unit with three bedrooms; and
(v)
added
$192,693.50 per family unit with four or more bedrooms.
(d)
added
Rule of construction— Nothing in this section or the amendment made by this section shall be construed to limit the authority of the Secretary of Housing and Urban Development to revise the statutory exceptions for high-cost percentage and high-cost areas annual indexing.
Sec. 5301
Housing Supply Expansion Act
added
(a)
added
In general— Section 603(6) of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5402(6)) is amended by striking “on a permanent chassis” and inserting “with or without a permanent chassis”.
(b)
added
Manufactured home certifications— Section 604 of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5403) is amended by adding at the end the following:
added
“(i) Manufactured home certifications
added
“(1) In general
added
“(A) Initial certification—Subject to subparagraph (B), not later than 1 year after the date of enactment of the Renewing Opportunity in the American Dream to Housing Act of 2025, a State shall submit to the Secretary an initial certification that the laws and regulations of the State—
added
“(i) treat any manufactured home in parity with a manufactured home (as defined and regulated by the State); and
added
“(ii) subject a manufactured home without a permanent chassis to the same laws and regulations of the State as a manufactured home built on a permanent chassis, including with respect to financing, title, insurance, manufacture, sale, taxes, transportation, installation, and other areas as the Secretary determines, after consultation with and approval by the consensus committee, are necessary to give effect to the purpose of this section.
added
“(B) State plan submission—Any State plan submitted under subparagraph (C) shall contain the required State certification under subparagraph (A) and, if contained therein, no additional or State certification under subparagraph (A) or paragraph (3).
added
“(C) Extended deadline—With respect to a State with a legislature that meets biennially, the deadline for the submission of the initial certification required under subparagraph (A) shall be 2 years after the date of enactment of the Renewing Opportunity in the American Dream to Housing Act of 2025.
added
“(D) Late certification
added
“(i) No waiver—The Secretary may not waive the prohibition described in paragraph (5)(B) with respect to a certification submitted after the deadline under subparagraph (A) or paragraph (3) unless the Secretary approves the late certification.
added
“(ii) Rule of construction—Nothing in this subsection shall be construed to prevent a State from submitting the initial certification required under subparagraph (A) after the required deadline under that subparagraph.
added
“(2) Form of State certification not presented in a State plan—The initial certification required under paragraph (1)(A), if not submitted with a State plan under paragraph (1)(B), shall contain, in a form prescribed by the Secretary, an attestation by an official that the State has taken the steps necessary to ensure the veracity of the certification required under paragraph (1)(A), including, as necessary, by—
added
“(A) amending the definition of manufactured home in the laws and regulations of the State; and
added
“(B) directing State agencies to amend the definition of manufactured home in regulations.
added
“(3) Annual recertification—Not later than a date to be determined by the Secretary each year, a State shall submit to the Secretary an additional certification that—
added
“(A) confirms the accuracy of the initial certification submitted under subparagraph (A) or (B) of paragraph (1); and
added
“(B) certifies that any new laws or regulations enacted or adopted by the State since the date of the previous certification does not change the veracity of the initial certification submitted under paragraph (1)(A).
added
“(4) List—The Secretary shall publish and maintain in the Federal Register and on the website of the Department of Housing and Urban Development a list of States that are up-to-date with the submission of initial and subsequent certifications required under this subsection.
added
“(5) Prohibition
added
“(A) Definition—In this paragraph, the term covered manufactured home means a home that is—
added
“(i) not considered a manufactured home under the laws and regulations of a State because the home is constructed without a permanent chassis;
added
“(ii) considered a manufactured home under the definition of the term in section 603; and
added
“(iii) constructed after the date of enactment of the Renewing Opportunity in the American Dream to Housing Act of 2025.
added
“(B) Building, installation, and sale—If a State does not submit a certification under paragraph (1)(A) or (3) by the date on which those certifications are required to be submitted—
added
“(i) with respect to a State in which the State administers the installation of manufactured homes, the State shall prohibit the manufacture, installation, or sale of a covered manufactured home within the State; and
added
“(ii) with respect to a State in which the Secretary administers the installation of manufactured homes, the State and the Secretary shall prohibit the manufacture, installation, or sale of a covered manufactured home within the State.”
(c)
added
Other Federal laws regulating manufactured homes— The Secretary of Housing and Urban Development may coordinate with the heads of other Federal agencies to ensure that Federal agencies treat a manufactured home (as defined in Federal laws and regulations other than section 603 of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5402)) in the same manner as a manufactured home (as defined in section 603 of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5402), as amended by this Act).
(d)
added
Assistance to States— Section 609 of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5408) is amended—
(1)
added
in paragraph (1), by striking “and” at the end;
(2)
added
in paragraph (2), by striking the period at the end and inserting “; and”; and
(3)
added
by adding at the end the following:
added
“(3) model guidance to support the submission of the certification required under section 604(i).”
(e)
added
Preemption— Nothing in this section or the amendments made by this section shall be construed as limiting the scope of Federal preemption under section 604(d) of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5403(d)).
Sec. 5302
Modular Housing Production Act
added
(a)
added
Definitions— In this section:
(1)
added
Manufactured home— The term manufactured home has the meaning given the term in section 603 of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5402).
(2)
added
Modular home— The term modular home means a home that is constructed in a factory in 1 or more modules, each of which meet applicable State and local building codes of the area in which the home will be located, and that are transported to the home building site, installed on foundations, and completed.
(3)
added
Secretary— The term Secretary means the Secretary of Housing and Urban Development.
(b)
added
FHA construction financing programs—
(1)
added
In general— The Secretary shall conduct a review of Federal Housing Administration construction financing programs to identify barriers to the use of modular home methods.
(2)
added
Requirements— In conducting the review under paragraph (1), the Secretary shall—
(A)
added
identify and evaluate regulatory and programmatic features that restrict participation in construction financing programs by modular home developers, including construction draw schedules; and
(B)
added
identify administrative measures authorized under section 525 of the National Housing Act (12 U.S.C. 1735f–3) to facilitate program utilization by modular home developers.
(3)
added
Report— Not later than 1 year after the date of enactment of this Act, the Secretary shall publish a report that describes the results of the review conducted under paragraph (1), which shall include a description of programmatic and policy changes that the Secretary recommends to reduce or eliminate identified barriers to the use of modular home methods in Federal Housing Administration construction financing programs.
(A)
added
In general— Not later than 120 days after the date on which the Secretary publishes the report under paragraph (3), the Secretary shall initiate a rulemaking to examine an alternative draw schedule for construction financing loans provided to modular and manufactured home developers, which shall include the ability for interested stakeholders to provide robust public comment.
(B)
added
Determination— Following the period for public comment under subparagraph (A), the Secretary shall—
(i)
added
issue a final rule regarding an alternative draw schedule described in subparagraph (A); or
(ii)
added
provide an explanation as to why the rule shall not become final.
(c)
added
Standardized uniform commercial code for modular homes—
(1)
added
Award— The Secretary may award a grant to study the design and feasibility of a standardized uniform commercial code for modular homes, which shall evaluate—
(A)
added
the utility of a standardized coding system for serializing and securing modules, streamlining design and construction, and improving modular home innovation; and
(B)
added
a means to coordinate a standardized code with financing incentives.
(2)
added
Authorization of appropriations— There is authorized to be appropriated such funds as may be necessary to carry out paragraph (1).
Sec. 5303
Property Improvement and Manufactured Housing Loan Modernization Act
added
(a)
added
National Housing Act amendments—
(1)
added
In general— Section 2 of the National Housing Act (12 U.S.C. 1703) is amended—
(A)
added
in subsection (a), by inserting “construction of additional or accessory dwelling units, as defined by the Secretary,” after “energy conserving improvements,”; and
(B)
added
in subsection (b)—
(i)
added
in paragraph (1)—
(I)
added
by striking subparagraph (A) and inserting the following:
added
“(A) $75,000 if made for the purpose of financing alterations, repairs and improvements upon or in connection with an existing single-family structure, including a manufactured home;”
(II)
added
in subparagraph (B)—
(aa)
added
by striking “$60,000” and inserting “$150,000”;
(bb)
added
by striking “$12,000” and inserting “$37,500”; and
(cc)
added
by striking “an apartment house or”;
(III)
added
by striking subparagraphs (C) and (D) and inserting the following:
added
“(C)
added
“(i) $106,405 if made for the purpose of financing the purchase of a single-section manufactured home; and
added
“(ii) $195,322 if made for the purpose of financing the purchase of a multi-section manufactured home;
added
“(D)
added
“(i) $149,782 if made for the purpose of financing the purchase of a single-section manufactured home and a suitably developed lot on which to place the home; and
added
“(ii) $238,699 if made for the purpose of financing the purchase of a multi-section manufactured home and a suitably developed lot on which to place the home;”
(IV)
added
in subparagraph (E)—
(aa)
added
by striking “$23,226” and inserting “$43,377”; and
(bb)
added
by striking the period at the end and inserting a semicolon;
(V)
added
in subparagraph (F), by striking “and” at the end;
(VI)
added
in subparagraph (G), by striking the period at the end and inserting “; and”; and
(VII)
added
by inserting after subparagraph (G) the following:
added
“(H) such principal amount as the Secretary may prescribe if made for the purpose of financing the construction of an accessory dwelling unit.”
(ii)
added
in the matter immediately preceding paragraph (2)—
(I)
added
by striking “regulation” and inserting “notice”;
(II)
added
by striking “increase” and inserting “set”;
(III)
added
by striking “(A)(ii), (C), (D), and (E)” and inserting “(A) through (H)”;
(IV)
added
by inserting “, or as necessary to achieve the goals of the Federal Housing Administration, periodically reset the dollar amount limitations in subparagraphs (A) through (H) based on justification and methodology set forth in advance by regulation” before the period at the end; and
(V)
added
by adjusting the margins appropriately;
(iii)
added
in paragraph (3), by striking “exceeds—” and all that follows through the period at the end and inserting “exceeds such period of time as determined by the Secretary, not to exceed 30 years.”;
(iv)
added
by striking paragraph (9) and inserting the following:
added
“(9) Annual indexing of certain dollar amount limitations—The Secretary shall develop or choose 1 or more methods of indexing in order to annually set the loan limits established in paragraph (1), based on data the Secretary determines is appropriate for purposes of this section.”
(v)
added
in paragraph (11), by striking “lease—” and all that follows through the period at the end and inserting “lease meets the terms and conditions established by the Secretary”.
(2)
added
Deadline for development or choice of new index; interim index—
(A)
added
Deadline for development or choice of new index— Not later than 1 year after the date of enactment of this Act, the Secretary of Housing and Urban Development shall develop or choose 1 or more methods of indexing as required under section 2(b)(9) of the National Housing Act (12 U.S.C. 1703(b)(9)), as amended by paragraph (1) of this subsection.
(B)
added
Interim index— During the period beginning on the date of enactment of this Act and ending on the date on which the Secretary of Housing and Urban Development develops or chooses 1 or more methods of indexing as required under section 2(b)(9) of the National Housing Act (12 U.S.C. 1703(b)(9)), as amended by paragraph (1) of this subsection, the method of indexing established by the Secretary under that subsection before the date of enactment of this Act shall apply.
(b)
added
HUD study of off-site construction—
(1)
added
Definitions— In this subsection:
(A)
added
Off-site construction housing— The term off-site construction housing includes manufactured homes and modular homes.
(B)
added
Manufactured home— The term manufactured home means any home constructed in accordance with the construction and safety standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.).
(C)
added
Modular home— The term modular home means a home that is constructed in a factory in 1 or more modules, each of which meet applicable State and local building codes of the area in which the home will be located, and that are transported to the home building site, installed on foundations, and completed.
(2)
added
Study— The Secretary of Housing and Urban Development shall conduct a study and submit to Congress a report on the cost effectiveness of off-site construction housing, that includes—
(A)
added
an analysis of the advantages of the impact of centralization in a factory and transportation to a construction site on cost, precision, and materials waste;
(B)
added
the extent to which off-site construction housing meets housing quality standards under the National Standards for the Physical Inspection of Real Estate, or other standards as the Secretary may prescribe, compared to the extent for site-built homes, for such standards;
(C)
added
the expected replacement and maintenance costs over the first 40 years of life of off-site construction homes compared to those costs for site-built homes; and
(D)
added
opportunities for use beyond single-family housing, such as applications in accessory dwelling units, two- to four-unit housing, and large multifamily housing.
Sec. 5304
Price Act
added
added
Title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) is amended—
(1)
added
in section 105(a) (42 U.S.C. 5305(a)), in the matter preceding paragraph (1), by striking “Activities” and inserting “Unless otherwise authorized under section 123, activities”; and
(2)
added
by adding at the end the following:
added
“123. Preservation and reinvestment for community enhancement
added
“(a) Definitions—In this section:
added
“(1) Community development financial institution—The term community development financial institution means an institution that has been certified as a community development financial institution (as defined in section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4702)) by the Secretary of the Treasury.
added
“(2) Eligible manufactured housing community—The term eligible manufactured housing community means a manufactured housing community that—
added
“(A) is affordable to low- and moderate-income persons, as determined by the Secretary, but not more than 120 percent of the area median income; and
added
“(B)
added
“(i) is owned by the residents of the manufactured housing community through a resident-controlled entity such as a resident-owned cooperative; or
added
“(ii) will be maintained as such a community, and remain affordable for low- and moderate-income persons, to the maximum extent practicable and for the longest period feasible.
added
“(3) Eligible recipient—The term eligible recipient means—
added
“(A) an eligible manufactured housing community;
added
“(B) a unit of general local government;
added
“(C) a housing authority;
added
“(D) a resident-owned community;
added
“(E) a resident-owned cooperative;
added
“(F) a nonprofit entity with housing expertise or a consortia of such entities;
added
“(G) a community development financial institution;
added
“(H) an Indian tribe;
added
“(I) a tribally designated housing entity;
added
“(J) a State; or
added
“(K) any other entity that is—
added
“(i) an owner-operator of an eligible manufactured housing community; and
added
“(ii) working with an eligible manufactured housing community.
added
“(4) Indian tribe—The term Indian tribe has the meaning given the term Indian tribe in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103).
added
“(5) Manufactured housing community—The term manufactured housing community means—
added
“(A) any community, court, park, or other land under unified ownership developed and accommodating or equipped to accommodate the placement of manufactured homes, where—
added
“(i) spaces within such community are or will be primarily used for residential occupancy;
added
“(ii) all homes within the community are used for permanent occupancy; and
added
“(iii) a majority of such occupied spaces within the community are occupied by manufactured homes, which may include homes constructed prior to enactment of the Manufactured Home Construction and Safety Standards; or
added
“(B) any community that meets the definition of manufactured housing community used for programs similar to the program under this section.
added
“(6) Resident health, safety, and accessibility activities—The term resident health, safety, and accessibility activities means the reconstruction, repair, or replacement of manufactured housing and manufactured housing communities to—
added
“(A) protect the health and safety of residents;
added
“(B) address weatherization and reduce utility costs; or
added
“(C) address accessibility needs for residents with disabilities.
added
“(7) Tribally designated housing entity—The term tribally designated housing entity has the meaning given the term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103).
added
“(b) Establishment—The Secretary shall, by notice, carry out a competitive grant program to award funds to eligible recipients to carry out eligible projects for development of or improvements in eligible manufactured housing communities.
added
“(c) Eligible projects
added
“(1) In general—Amounts from grants under this section may be used for—
added
“(A) community infrastructure, facilities, utilities, and other land improvements in or serving an eligible manufactured housing community;
added
“(B) reconstruction or repair existing housing within an eligible manufactured housing community;
added
“(C) replacement of homes within an eligible manufactured housing community;
added
“(D) planning;
added
“(E) resident health, safety, and accessibility activities in homes in an eligible manufactured housing community;
added
“(F) land and site acquisition and infrastructure for expansion or construction of an eligible manufactured housing community;
added
“(G) resident and community services, including relocation assistance, eviction prevention, and down payment assistance; and
added
“(H) any other activity that—
added
“(i) is approved by the Secretary consistent with the requirements under this section;
added
“(ii) improves the overall living conditions of an eligible manufactured housing community, which may include the addition or enhancement of shared spaces such as community centers, recreational areas, or other facilities that support resident well-being and community engagement; and
added
“(iii) is necessary to protect the health and safety of the residents of the eligible manufactured housing community and the long-term affordability and sustainability of the community.
added
“(2) Replacement—For purposes of subparagraphs (B) and (C) of paragraph (1), grants under this section—
added
“(A) may not be used for rehabilitation or modernization of units that were built before June 15, 1976; and
added
“(B) may only be used for disposition and replacement of units described in subparagraph (A), provided that any replacement housing complies with the Manufactured Home Construction and Safety Standards or is another allowed home, as determined by the Secretary.
added
“(d) Priority—In awarding grants under this section, the Secretary shall prioritize applicants that will carry out activities that primarily benefit low- and moderate-income residents and preserve long-term housing affordability for residents of eligible manufactured housing communities.
added
“(e) Waivers—The Secretary may waive or specify alternative requirements for any provision of law or regulation that the Secretary administers in connection with use of amounts made available under this section other than requirements related to fair housing, nondiscrimination, labor standards, and the environment, upon a finding that the waiver or alternative requirement is not inconsistent with the overall purposes of this section and that the waiver or alternative requirement is necessary to facilitate the use of amounts made available under this section.
added
“(f) Implementation
added
“(1) In general—Any grant made under this section shall be made pursuant to criteria for selection of recipients of such grants that the Secretary shall by regulation establish and publish together with any notification of availability of amounts under this section.
added
“(2) Set aside of grant amounts—The Secretary may set aside amounts provided under this section for grants to Indian tribes and tribally designated housing entities.
added
“(g) Authorization of appropriations—There is authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section.”
Sec. 5401
Creating incentives for small dollar loan originators
added
(a)
added
Definitions— In this section:
(1)
added
Director— The term Director means the Director of the Bureau of Consumer Financial Protection.
(2)
added
Small dollar mortgage— The term small dollar mortgage means a mortgage loan having an original principal obligation of not more than $100,000 that is—
(A)
added
secured by real property designed for the occupancy of between 1 and 4 families; and
(i)
added
insured by the Federal Housing Administration under title II of the National Housing Act (12 U.S.C. 1707 et seq.);
(ii)
added
made, guaranteed, or insured by the Department of Veterans Affairs;
(iii)
added
made, guaranteed, or insured by the Department of Agriculture; or
(iv)
added
eligible to be purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association.
(b)
added
Requirement regarding loan originator compensation practices— Not later than 270 days after the date of enactment of this Act, the Director shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on loan originator compensation practices throughout the residential mortgage market, including the relative frequency of loan originators being compensated—
(2)
added
with a commission reflecting a fixed percentage of the amount of credit extended;
(3)
added
with a commission based on a factor other than a fixed percentage of the amount of credit extended;
(4)
added
with a combination of salary and commission;
(5)
added
on a loan volume basis;
(6)
added
with a commission reflecting a percentage of the amount of credit extended, for which a minimum or maximum compensation amount is set; and
(7)
added
by any other mechanism that the Director may find to be a practice for compensating mortgage loan originators, including any mechanism that provides a loan originator with compensation in such a way that the loan originator does not necessarily receive a lower level of compensation for originating a small dollar mortgage than the loan originator would receive for originating a mortgage loan that is not a small dollar mortgage.
(c)
added
Contents— The report required under subsection (b) shall include—
(1)
added
data and other analysis regarding the effect of the approaches to loan originator compensation described in subsection (b) on the availability of small dollar mortgage loans; and
(2)
added
analysis and discussion regarding other potential barriers to small dollar mortgage lending.
(d)
added
Rulemaking— Following the issuance of the report required under subsection (b), the Director may issue regulations to clarify the forms of compensation a lender may use to compensate a loan originator that—
(1)
added
are permissible pursuant to section 129B(c) of the Truth in Lending Act (15 U.S.C. 1639b(c)); and
(2)
added
would result in the loan originator receiving compensation for originating a small dollar mortgage that is not less than the compensation the loan originator would receive for originating a mortgage loan that is not a small dollar mortgage.
Sec. 5402
Small dollar mortgage points and fees
added
(a)
added
Small dollar mortgage defined— In this section, the term small dollar mortgage means a mortgage with an original principal obligation of less than $100,000.
(1)
added
In general— Not later than 270 days after the date of enactment of this Act, the Director of the Bureau of Consumer Financial Protection, in consultation with the Secretary of Housing and Urban Development and the Director of the Federal Housing Finance Agency, shall evaluate the impact of the existing thresholds under section 1026.43 of title 12, Code of Federal Regulations, on small dollar mortgage originations.
(2)
added
Rulemaking— Following the evaluation required under paragraph (1), the Director of the Bureau of Consumer Financial Protection may initiate rulemaking to amend the limitations with respect to points and fees under section 1026.43 of title 12, Code of Federal Regulations, or any successor regulation, to encourage additional lending for small dollar mortgages.
Sec. 5403
Appraisal Industry Improvement Act
added
(a)
added
Appraisal standards—
(1)
added
Certification or licensing—
(A)
added
In general— Section 202(g)(5) of the National Housing Act (12 U.S.C. 1708(g)(5)) is amended—
(i)
added
by moving the paragraph two ems to the left; and
(ii)
added
by striking subparagraphs (A) and (B) and inserting the following:
added
“(A) be certified or licensed by the State in which the property to be appraised is located, except that a Federal employee who has as their primary duty conducting appraisal-related activities and who chooses to become a State-licensed or certified real estate appraiser need only to be licensed or certified in 1 State or territory to perform appraisals on mortgages insured by the Federal Housing Administration in all States and territories;
added
“(B) meet the requirements under the competency rule set forth in the Uniform Standards of Professional Appraisal Practice before accepting an assignment; and
added
“(C) have demonstrated verifiable education in the appraisal requirements established by the Federal Housing Administration under this subsection, which shall include the completion of a course or seminar that educates appraisers on those appraisal requirements, which shall be provided by—
added
“(i) the Federal Housing Administration; or
added
“(ii) a third party, so long as the course is approved by the Secretary or a State appraiser certifying or licensing agency.”
(B)
added
Application— Subparagraph (C) of section 202(g)(5) of the National Housing Act (12 U.S.C. 1708(g)(5)), as added by subparagraph (A), shall not apply with respect to any certified appraiser approved by the Federal Housing Administration to conduct appraisals on property securing a mortgage to be insured by the Federal Housing Administration on or before the effective date under paragraph (3)(C).
(2)
added
Compliance with verifiable education and competency requirements— On and after the effective date under paragraph (3)(C), no appraiser may conduct an appraisal on a property securing a mortgage to be insured by the Federal Housing Administration unless—
(A)
added
the appraiser is in compliance with the requirements under subparagraphs (A) and (B) of section 202(g)(5) of such Act (12 U.S.C. 1708(g)(5)), as amended by paragraph (1); and
(B)
added
if the appraiser was not approved by the Federal Housing Administration to conduct appraisals on mortgages insured by the Federal Housing Administration before the date on which the mortgagee letter or guidance take effect under paragraph (3)(C), the appraiser is in compliance with subparagraph (C) of such section 202(g)(5).
(3)
added
Implementation— Not later than the 240 days after the date of enactment of this Act, the Secretary of Housing and Urban Development shall issue a mortgagee letter or guidance that shall—
(A)
added
implement the amendments made by paragraph (1);
(B)
added
clearly set forth all of the specific requirements under section 202(g)(5) of the National Housing Act (12 U.S.C. 1708(g)(5)), as amended by paragraph (1), for approval to conduct appraisals on property secured by a mortgage to be insured by the Federal Housing Administration, which shall include—
(i)
added
providing that, before the effective date of the mortgagee letter or guidance, compliance with the requirements under subparagraphs (A), (B), and (C) of such section 202(g)(5), as amended by paragraph (1), shall be considered to fulfill the requirements under such subparagraphs; and
(ii)
added
providing a method for appraisers to demonstrate such prior compliance; and
(C)
added
take effect not later than the date that is 180 days after the date on which the Secretary issues the mortgagee letter or guidance.
(b)
added
Annual registry fees for appraisal management companies— Section 1109(a) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3338(a)) is amended, in the matter following clause (ii) of paragraph (4)(B), by adding at the end the following: “Subject to the approval of the Council, the Appraisal Subcommittee may adjust fees established under clause (i) or (ii) to carry out its functions under this Act.”.
(c)
added
State credentialed trainees—
(1)
added
Maintenance on national registry— Section 1103(a) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3332(a)) is amended—
(A)
added
in paragraph (3)—
(i)
added
by inserting “and State credentialed trainee appraisers” after “licensed appraisers”; and
(ii)
added
by striking “and” at the end;
(B)
added
by striking paragraph (4);
(C)
added
by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively; and
(D)
added
in paragraph (4), as so redesignated—
(i)
added
by striking “year. The report shall also detail” and inserting “year, details”;
(ii)
added
by striking “provide” and inserting “provides”; and
(iii)
added
by striking the period at the end and inserting “; and”.
(2)
added
Annual registry fees—
(A)
added
In general— Section 1109 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3338) is amended—
(i)
added
in the section heading, by striking “or licensed” and inserting “, licensed, and credentialed trainee”; and
(ii)
added
in subsection (a)—
(I)
added
in paragraph (1), by inserting “, and in the case of a State with a supervisory or trainee program, a roster listing individuals who have received a State trainee credential” after “this title”; and
(II)
added
by striking paragraph (2) and inserting the following:
added
“(2) transmit reports on the issuance and renewal of licenses, certifications, credentials, sanctions, and disciplinary actions, including license, credential, and certification revocations, on a timely basis to the national registry of the Appraisal Subcommittee;”
(B)
added
Rule of construction— Nothing in the amendments made by subparagraph (A) shall require a State to establish or operate a program for State credentialed trainee appraisers, as defined in paragraph (12) of section 1121 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, as added by paragraph (4) of this subsection.
(3)
added
Transactions requiring the services of a State certified appraiser— Section 1113 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3342) is amended—
(A)
added
by striking “In determining” and inserting “(a) In general.—In determining”; and
(B)
added
by adding at the end the following:
added
“(b) Use of State credentialed trainee appraisers—In performing an appraisal under this section, a State certified appraiser may use the assistance of a State credentialed trainee appraiser or an unlicensed trainee appraiser, except that a State certified appraiser assisted by a trainee shall be liable for final work.”
(4)
added
Definition— Section 1121 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3350) is amended by adding at the end the following:
added
“(12) State credentialed trainee appraiser—The term State credentialed trainee appraiser means an individual who—
added
“(A) meets the minimum criteria established by the Appraiser Qualification Board for a trainee appraiser credential; and
added
“(B) is credentialed by a State appraiser certifying and licensing agency.”
(d)
added
Grants for workforce and training— Section 1109(b) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3338(b)) is amended—
(1)
added
in paragraph (5)(B), by striking “and” at the end;
(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) to make grants to State appraiser certifying and licensing agencies, nonprofit organizations, and institutions of higher education to support the carrying out of education and training activities or other activities related to addressing appraiser industry workforce needs, including recruiting and retaining workforce talent, such as through scholarship assistance and career pipeline development.”
(e)
added
Appraisal Subcommittee— Section 1011 of the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3310) is amended, in the first sentence, by inserting “the Department of Veterans Affairs, the Rural Housing Service of the Department of Agriculture, the Department of Housing and Urban Development,” after “Financial Protection,”.
Sec. 5404
Helping More Families Save Act
added
added
Section 23 of the United States Housing Act of 1937 (42 U.S.C. 1437u) is amended by adding at the end the following:
added
“(p) Escrow expansion pilot program
added
“(1) Definitions—In this subsection:
added
“(A) Covered family—The term covered family means a family that receives assistance under section 8 or 9 of this Act and is enrolled in the pilot program.
added
“(B) Eligible entity—The term eligible entity means an entity described in subsection (c)(2).
added
“(C) Pilot program—The term pilot program means the pilot program established under paragraph (2).
added
“(D) Welfare assistance—The term welfare assistance has the meaning given the term in section 984.103 of title 24, Code of Federal Regulations, or any successor regulation.
added
“(2) Establishment—The Secretary shall establish a pilot program under which the Secretary shall select not more than 25 eligible entities to establish and manage escrow accounts for not more than 5,000 covered families, in accordance with this subsection.
added
“(3) Escrow accounts
added
“(A) In general—An eligible entity selected to participate in the pilot program—
added
“(i) shall establish an interest-bearing escrow account and place into the account an amount equal to any increase in the amount of rent paid by each covered family in accordance with the provisions of section 3, 8(o), or 8(y), as applicable, that is attributable to increases in earned income by the covered families during the participation of each covered family in the pilot program; and
added
“(ii) notwithstanding any other provision of law, may use funds it controls under section 8 or 9 for purposes of making the escrow deposit for covered families assisted under, or residing in units assisted under, section 8 or 9, respectively, provided such funds are offset by the increase in the amount of rent paid by the covered family.
added
“(B) Income limitation—An eligible entity may not escrow any amounts for any covered family whose adjusted income exceeds 80 percent of the area median income at the time of enrollment.
added
“(C) Withdrawals—A covered family shall be able to withdraw funds, including interest earned, from an escrow account established by an eligible entity under the pilot program—
added
“(i) after the covered family ceases to receive welfare assistance; and
added
“(ii)
added
“(I) not earlier than the date that is 5 years after the date on which the eligible entity establishes the escrow account under this subsection;
added
“(II) not later than the date that is 7 years after the date on which the eligible entity establishes the escrow account under this subsection, if the covered family chooses to continue to participate in the pilot program after the date that is 5 years after the date on which the eligible entity establishes the escrow account;
added
“(III) on the date the covered family ceases to receive housing assistance under section 8 or 9, if such date is earlier than 5 years after the date on which the eligible entity establishes the escrow account;
added
“(IV) earlier than 5 years after the date on which the eligible entity establishes the escrow account, if the covered family is using the funds to advance a self-sufficiency goal as approved by the eligible entity; or
added
“(V) under other circumstances in which the Secretary determines an exemption for good cause is warranted.
added
“(D) Interim recertification—For purposes of the pilot program, a covered family may recertify the income of the covered family multiple times per year, as determined by the Secretary, and not fewer than once per year.
added
“(E) Contract or plan—A covered family is not required to complete a standard contract of participation or an individual training and services plan in order to participate in the pilot program.
added
“(4) Effect of increases in family income—Any increase in the earned income of a covered family during the enrollment of the family in the pilot program may not be considered as income or a resource for purposes of eligibility of the family for other benefits, or amount of benefits payable to the family, under any program administered by the Secretary.
added
“(5) Application
added
“(A) In general—An eligible entity seeking to participate in the pilot program shall submit to the Secretary an application—
added
“(i) at such time, in such manner, and containing such information as the Secretary may require by notice; and
added
“(ii) that includes the number of proposed covered families to be served by the eligible entity under this subsection.
added
“(B) Geographic and entity variety—The Secretary shall ensure that eligible entities selected to participate in the pilot program—
added
“(i) are located across various States and in both urban and rural areas; and
added
“(ii) vary by size and type, including both public housing agencies and private owners of projects receiving project-based rental assistance under section 8.
added
“(6) Notification and opt-out—An eligible entity participating in the pilot program shall—
added
“(A) notify covered families of their enrollment in the pilot program;
added
“(B) provide covered families with a detailed description of the pilot program, including how the pilot program will impact their rent and finances;
added
“(C) inform covered families that the families cannot simultaneously participate in the pilot program and the Family Self-Sufficiency program under this section; and
added
“(D) provide covered families with the ability to elect not to participate in the pilot program—
added
“(i) not less than 2 weeks before the date on which the escrow account is established under paragraph (3); and
added
“(ii) at any point during the duration of the pilot program.
added
“(7) Maximum rents—During the term of participation by a covered family in the pilot program, the amount of rent paid by the covered family shall be calculated under the rental provisions of section 3 or 8(o), as applicable.
added
“(8) Pilot program timeline
added
“(A) Awards—Not later than 18 months after the date of enactment of this subsection, the Secretary shall select the eligible entities to participate in the pilot program.
added
“(B) Establishment and term of accounts—An eligible entity selected to participate in the pilot program shall—
added
“(i) not later than 6 months after selection, establish escrow accounts under paragraph (3) for covered families; and
added
“(ii) maintain those escrow accounts for not less than 5 years, or until the date the family ceases to receive assistance under section 8 or 9, and, at the discretion of the covered family, not more than 7 years after the date on which the escrow account is established.
added
“(9) Nonparticipation and housing assistance
added
“(A) In general—Assistance under section 8 or 9 for a family that elects not to participate in the pilot program shall not be delayed or denied by reason of such election.
added
“(B) No termination—Housing assistance may not be terminated as a consequence of participating, or not participating, in the pilot program under this subsection for any period of time.
added
“(10) Study—Not later than 8 years after the date the Secretary selects eligible entities to participate in the pilot program under this subsection, the Secretary shall conduct a study and submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on outcomes for covered families under the pilot program, which shall evaluate the effectiveness of the pilot program in assisting families to achieve economic independence and self-sufficiency, and the impact coaching and supportive services, or the lack thereof, had on individual incomes.
added
“(11) Waivers—To allow selected eligible entities to effectively administer the pilot program and make the required escrow account deposits under this subsection, the Secretary may waive requirements under this section.
added
“(12) Termination—The pilot program under this subsection shall terminate on the date that is 10 years after the date of enactment of this subsection.
added
“(13) Authorization of appropriations
added
“(A) In general—There is authorized to be appropriated to the Secretary for fiscal year 2026 such sums as may be necessary—
added
“(i) for technical assistance related to implementation of the pilot program; and
added
“(ii) to carry out an evaluation of the pilot program under paragraph (10).
added
“(B) Availability—Any amounts appropriated under this subsection shall remain available until expended.”
Sec. 5405
Choice in Affordable Housing Act
added
(a)
added
Satisfaction of inspection requirements through participation in other housing programs— Section 8(o)(8) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(8)), as amended by section 101(a) of the Housing Opportunity Through Modernization Act of 2016 (Public Law 114–201; 130 Stat. 783), is amended by adding at the end the following:
added
“(I) Satisfaction of inspection requirements through participation in other housing programs
added
“(i) Low-income housing tax credit-financed buildings—A dwelling unit shall be deemed to meet the inspection requirements under this paragraph if—
added
“(I) the dwelling unit is in a building, the acquisition, rehabilitation, or construction of which was financed by a person who received a low-income housing tax credit under section 42 of the Internal Revenue Code of 1986 in exchange for that financing;
added
“(II) the dwelling unit was physically inspected and passed inspection as part of the low-income housing tax credit program described in subclause (I) during the preceding 12-month period; and
added
“(III) the applicable public housing agency is able to obtain the results of the inspection described in subclause (II).
added
“(ii) Home investment partnerships program—A dwelling shall be deemed to meet the inspection requirements under this paragraph if—
added
“(I) the dwelling unit is assisted under the HOME Investment Partnerships Program under title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12721 et seq.);
added
“(II) the dwelling unit was physically inspected and passed inspection as part of the program described in subclause (I) during the preceding 12-month period; and
added
“(III) the applicable public housing agency is able to obtain the results of the inspection described in subclause (II).
added
“(iii) Rural Housing Service—A dwelling unit shall be deemed to meet the inspection requirements under this paragraph if—
added
“(I) the dwelling unit is assisted by the Rural Housing Service of the Department of Agriculture;
added
“(II) the dwelling unit was physically inspected and passed inspection in connection with the assistance described in subclause (I) during the preceding 12-month period; and
added
“(III) the applicable public housing agency is able to obtain the results of the inspection described in subclause (II).
added
“(iv) Remote or video inspections—When complying with inspection requirements for a housing unit located in a rural or small area using assistance under this subtitle, the Secretary may allow a grantee to conduct a remote or video inspection of a unit.
added
“(v) Rule of construction—Nothing in clause (i), (ii), (iii), or (iv) shall be construed to affect the operation of a housing program described in, or authorized under a provision of law described in, that clause.”
(b)
added
Pre-approval of units— Section 8(o)(8)(A) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(8)(A)) is amended by adding at the end the following:
added
“(iv) Initial inspection prior to lease agreement
added
“(I) Definition—In this clause, the term new landlord means an owner of a dwelling unit who has not previously entered into a housing assistance payment contract with a public housing agency under this subsection for any dwelling unit.
added
“(II) Early inspection—Upon the request of a new landlord, a public housing agency may inspect the dwelling unit owned by the new landlord to determine whether the unit meets the housing quality standards under subparagraph (B) before the unit is selected by a tenant assisted under this subsection.
added
“(III) Effect—An inspection conducted under subclause (II) that determines that the dwelling unit meets the housing quality standards under subparagraph (B) shall satisfy this subparagraph and subparagraph (C) if the new landlord enters into a lease agreement with a tenant assisted under this subsection not later than 60 days after the date of the inspection.
added
“(IV) Information when family is selected—When a public housing agency selects a family to participate in the tenant-based assistance program under this subsection, the public housing agency shall include in the information provided to the family a list of dwelling units that have been inspected under subclause (II) and determined to meet the housing quality standards under subparagraph (B).”
Sec. 5501
Reforming Disaster Recovery Act
added
(a)
added
Definitions— In this section:
(1)
added
Department— The term Department means the Department of Housing and Urban Development.
(2)
added
Fund— The term Fund means the Long-Term Disaster Recovery Fund established under subsection (c).
(3)
added
Secretary— The term Secretary means the Secretary of Housing and Urban Development.
(b)
added
Duties of the Department of Housing and Urban Development—
(1)
added
In general— The offices and officers of the Department shall be responsible for—
(A)
added
leading and coordinating the disaster-related responsibilities of the Department under the National Response Framework, the National Disaster Recovery Framework, and the National Mitigation Framework;
(B)
added
coordinating and administering programs, policies, and activities of the Department related to disaster relief, long-term recovery, resiliency, and mitigation, including disaster recovery assistance under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.);
(C)
added
supporting disaster-impacted communities as those communities specifically assess, plan for, and address the housing stock and housing needs in the transition from emergency shelters and interim housing to permanent housing of those displaced, especially among vulnerable populations and extremely low-, low-, and moderate-income households;
(D)
added
collaborating with the Federal Emergency Management Agency and the Small Business Administration and across the Department to align disaster-related regulations and policies, including incorporation of consensus-based codes and standards and insurance purchase requirements, and ensuring coordination and reducing duplication among other Federal disaster recovery programs;
(E)
added
promoting best practices in mitigation and resilient land use planning;
(F)
added
coordinating technical assistance, including mitigation, resiliency, and recovery training and information on all relevant legal and regulatory requirements, to entities that receive disaster recovery assistance under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) that demonstrate capacity constraints; and
(G)
added
supporting State, Tribal, and local governments in developing, coordinating, and maintaining their capacity for disaster resilience and recovery and developing pre-disaster recovery and hazard mitigation plans, in coordination with the Federal Emergency Management Agency and other Federal agencies.
(2)
added
Establishment of the Office of Disaster Management and Resiliency— Section 4 of the Department of Housing and Urban Development Act (42 U.S.C. 3533) is amended by adding at the end the following:
added
“(i) Office of Disaster Management and Resiliency
added
“(1) Establishment—There is established, in the Office of the Secretary, the Office of Disaster Management and Resiliency.
added
“(2) Duties—The Office of Disaster Management and Resiliency shall—
added
“(A) be responsible for oversight and coordination of all departmental disaster preparedness and response responsibilities; and
added
“(B) coordinate with the Federal Emergency Management Agency, the Small Business Administration, and the Office of Community Planning and Development and other offices of the Department in supporting recovery and resilience activities to provide a comprehensive approach in working with communities.”
(c)
added
Long-Term Disaster Recovery Fund—
(1)
added
Establishment— There is established in the Treasury of the United States an account to be known as the Long-Term Disaster Recovery Fund.
(2)
added
Deposits, transfers, and credit—
(A)
added
In general— The Fund shall consist of amounts appropriated, transferred, and credited to the Fund.
(B)
added
Transfers— The following may be transferred to the Fund:
(i)
added
Amounts made available through section 106(c)(4) of the Housing and Community Development Act of 1974 (42 U.S.C. 5306(c)(4)) as a result of actions taken under section 104(e), 111, or 124(j) of such Act.
(ii)
added
Any unobligated balances available until expended remaining or subsequently recaptured from amounts appropriated for any disaster and related purposes under the heading “Community Development Fund” in any Act prior to the establishment of the Fund.
(C)
added
Use of transferred amounts— Amounts transferred to the Fund shall be used for the eligible uses described in paragraph (3).
(3)
added
Eligible uses of fund—
(A)
added
In general— Amounts in the Fund shall be available—
(i)
added
to provide assistance in the form of grants under section 124 of the Housing and Community Development Act of 1974, as added by subsection (d); and
(ii)
added
for activities of the Department that support the provision of such assistance, including necessary salaries and expenses, information technology, and capacity building, technical assistance, and pre-disaster readiness.
(B)
added
Set aside— Of each amount appropriated for or transferred to the Fund, 3 percent shall be made available for activities described in subparagraph (A)(ii), which shall be in addition to other amounts made available for those activities.
(C)
added
Transfer of funds— With respect to amounts made available for use in accordance with subparagraph (B)—
(i)
added
amounts may be transferred to the account under the heading for “Program Offices—Salaries and Expenses—Community Planning and Development”, or any successor account, for the Department to carry out activities described in paragraph (1)(B); and
(ii)
added
amounts may be used for the activities described in subparagraph (A)(ii) and for the administrative costs of administering any funds appropriated to the Department under the heading “Community Planning and Development—Community Development Fund” for any major disaster declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) in any Act before the establishment of the Fund.
(D)
added
Inspector General—
(i)
added
In general— Not less than one-tenth of 1 percent of each series of awards the Secretary makes from the Fund shall be transferred to the account under the heading “Office of Inspector General” for the Department of Housing and Urban Development to support audit activities and to investigate grantee noncompliance with program requirements and waste, fraud, and abuse as a result of appropriations made available through the Fund.
(ii)
added
Availability— Funding under clause (i) shall not be made available to the Office of Inspector General until 90 days after the date on which the grantee plan or supplemental plan for the grantee is approved by the Secretary under subsection (c) or (f)(3)(C) of section 124 of the Housing and Community Development Act of 1974, as added by subsection (d), is approved by the Secretary.
(4)
added
Interchangeability of prior administrative amounts— Any amounts appropriated in any Act prior to the establishment of the Fund and transferred to the account under the heading “Program Offices—Salaries and Expenses—Community Planning and Development”, or any predecessor account, for the Department for the costs of administering funds appropriated to the Department under the heading “Community Planning and Development—Community Development Fund” for any major disaster declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) shall be available for the costs of administering any such funds provided by any prior or future Act, notwithstanding the purposes for which those amounts were appropriated and in addition to any amount provided for the same purposes in other appropriations Acts.
(5)
added
Availability of amounts— Amounts appropriated, transferred, and credited to the Fund shall remain available until expended.
(6)
added
Formula allocation— Use of amounts in the Fund for grants shall be made by formula allocation in accordance with the requirements of section 124(a) of the Housing and Community Development Act of 1974, as added by subsection (d).
(7)
added
Authorization of appropriations— There are authorized to be appropriated to the Fund such sums as may be necessary to respond to current or future major disasters declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5179) for grants under section 124 of the Housing and Community Development Act of 1974, as added by subsection (d).
(d)
added
Establishment of CDBG Disaster Recovery Program— Title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.), as amended by this Act, is amended—
(1)
added
in section 102(a) (42 U.S.C. 5302(a))—
(A)
added
in paragraph (20)—
(i)
added
by redesignating subparagraph (B) as subparagraph (C);
(ii)
added
in subparagraph (C), as so redesignated, by inserting “or (B)” after “subparagraph (A)”; and
(iii)
added
by inserting after subparagraph (A) the following:
added
“(B) The term persons of extremely low income means families and individuals whose income levels do not exceed household income levels determined by the Secretary under section 3(b)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(2)(C)), except that the Secretary may provide alternative definitions for the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, and American Samoa.”
(B)
added
by adding at the end the following:
added
“(25) The term major disaster has the meaning given the term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).”
(2)
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”;
(ii)
added
inserting “States for use in nonentitlement areas and to” before “metropolitan cities”; and
(iii)
added
inserting “major” after “affected by the”;
(B)
added
in subparagraph (C)—
(i)
added
by striking “metropolitan city or” and inserting “State, metropolitan city, or”;
(ii)
added
by striking “city or county” and inserting “State, city, or county”; and
(iii)
added
by inserting “major” before “disaster”;
(C)
added
in subparagraph (D), by striking “metropolitan cities and” and inserting “States, metropolitan cities, and”;
(D)
added
in subparagraph (F)—
(i)
added
by striking “metropolitan city or” and inserting “State, metropolitan city, or”; and
(ii)
added
by inserting “major” before “disaster”; and
(E)
added
in subparagraph (G), by striking “metropolitan city or” and inserting “State, metropolitan city, or”;
(3)
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
(4)
added
by adding at the end the following:
added
“124. Community development block grant disaster recovery program
added
“(a) Authorization, formula, and allocation
added
“(1) Authorization—The Secretary is authorized to make community development block grant disaster recovery grants from the Long-Term Disaster Recovery Fund established under section 501(c) of the Renewing Opportunity in the American Dream to Housing Act of 2025 (hereinafter referred to as the “Fund”) for necessary expenses for activities authorized under subsection (f)(1) related to disaster relief, long-term recovery, restoration of housing and infrastructure, economic revitalization, and mitigation in the most impacted and distressed areas resulting from a catastrophic major disaster.
added
“(2) Grant awards—Grants shall be awarded under this section to States, units of general local government, and Indian tribes based on capacity and the concentration of damage, as determined by the Secretary, to support the efficient and effective administration of funds.
added
“(3) Section 106 allocations—Grants under this section shall not be considered relevant to the formula allocations made pursuant to section 106.
added
“(4) Federal Register notice
added
“(A) In general—Not later than 30 days after the date of enactment of this section, the Secretary shall issue a notice in the Federal Register containing the latest formula allocation methodologies used to determine the total estimate of unmet needs related to housing, economic revitalization, and infrastructure in the most impacted and distressed areas resulting from a catastrophic major disaster.
added
“(B) Public comment—If the Secretary has not already requested public comment on the formula described in the notice required by subparagraph (A), the Secretary shall solicit public comments on—
added
“(i) the methodologies described in subparagraph (A) and seek alternative methods for formula allocation within a similar total amount of funding;
added
“(ii) the impact of formula methodologies on rural areas and Tribal areas;
added
“(iii) adjustments to improve targeting to the most serious needs;
added
“(iv) objective criteria for grantee capacity and concentration of damage to inform grantee determinations and minimum allocation thresholds; and
added
“(v) research and data to inform an additional amount to be provided for mitigation depending on type of disaster, which shall be up to 18 percent of the total estimate of unmet needs.
added
“(5) Regulations
added
“(A) In general—The Secretary shall, by regulation, establish a formula to allocate assistance from the Fund to the most impacted and distressed areas resulting from a catastrophic major disaster.
added
“(B) Formula requirements—The formula established under subparagraph (A) shall—
added
“(i) set forth criteria to determine that a major disaster is catastrophic, which criteria shall consider the presence of a high concentration of damaged housing or businesses that individual, State, Tribal, and local resources could not reasonably be expected to address without additional Federal assistance or other nationally encompassing data that the Secretary determines are adequate to assess relative impact and distress across geographic areas;
added
“(ii) include a methodology for identifying most impacted and distressed areas, which shall consider unmet serious needs related to housing, economic revitalization, and infrastructure;
added
“(iii) include an allocation calculation that considers the unmet serious needs resulting from the catastrophic major disaster and an additional amount up to 18 percent for activities to reduce risks of loss resulting from other natural disasters in the most impacted and distressed area, primarily for the benefit of low- and moderate-income persons, with particular focus on activities that reduce repetitive loss of property and critical infrastructure; and
added
“(iv) establish objective criteria for periodic review and updates to the formula to reflect changes in available data.
added
“(C) Minimum allocation threshold—The Secretary shall, by regulation, establish a minimum allocation threshold.
added
“(D) Interim allocation—Until such time that the Secretary issues final regulations under this paragraph, the Secretary shall—
added
“(i) allocate assistance from the Fund using the formula allocation methodology published in accordance with paragraph (4); and
added
“(ii) include an additional amount for mitigation of up to 18 percent of the total estimate of unmet need.
added
“(6) Allocation of funds
added
“(A) In general—The Secretary shall—
added
“(i) except as provided in clause (ii), not later than 90 days after the President declares a major disaster, use best available data to determine whether the major disaster is catastrophic and qualifies for assistance under the formula described in paragraph (4) or (5), unless data is insufficient to make this determination; and
added
“(ii) if the best available data is insufficient to make the determination required under clause (i) within the 90-day period described in that clause, the Secretary shall determine whether the major disaster qualifies when sufficient data becomes available, but in no case shall the Secretary make the determination later than 120 days after the declaration of the major disaster.
added
“(B) Announcement of allocation—If amounts are available in the Fund at the time the Secretary determines that the major disaster is catastrophic and qualifies for assistance under the formula described in paragraph (4) or (5), the Secretary shall immediately announce an allocation for a grant under this section.
added
“(C) Additional amounts—If additional amounts are appropriated to the Fund after amounts are allocated under subparagraph (B), the Secretary shall announce an allocation or additional allocation (if a prior allocation under subparagraph (B) was less than the formula calculation) within 15 days of any such appropriation.
added
“(7) Preliminary funding
added
“(A) In general—To speed recovery, the Secretary is authorized to allocate and award preliminary grants from the Fund before making a determination under paragraph (6)(A) if the Secretary projects, based on a preliminary assessment of impact and distress, that a major disaster is catastrophic and would likely qualify for funding under the formula described in paragraph (4) or (5).
added
“(B) Amount
added
“(i) Maximum—The Secretary may award preliminary funding under subparagraph (A) in an amount that is not more than $5,000,000.
added
“(ii) Sliding scale—The Secretary shall, by regulation, establish a sliding scale for preliminary funding awarded under subparagraph (A) based on the size of the preliminary assessment of impact and distress.
added
“(C) Use of funds—The uses of preliminary funding awarded under subparagraph (A) shall be limited to eligible activities that—
added
“(i) in the determination of the Secretary, will support faster recovery, improve the ability of the grantee to assess unmet recovery needs, plan for the prevention of improper payments, and reduce fraud, waste, and abuse; and
added
“(ii) may include evaluating the interim housing, permanent housing, and supportive service needs of the disaster impacted community, with special attention to vulnerable populations, such as homeless and low- to moderate-income households, to inform the grantee action plan required under subsection (c).
added
“(D) Consideration of funding—Preliminary funding awarded under subparagraph (A)—
added
“(i) is not subject to the certification requirements of subsection (h)(1); and
added
“(ii) shall not be considered when calculating the amount of the grant used for administrative costs, technical assistance, and planning activities that are subject to the requirements under subsection (f)(2).
added
“(E) Waiver—To expedite the use of preliminary funding for activities described in this paragraph, the Secretary may waive or specify alternative requirements to the requirements of this section in accordance with subsection (i).
added
“(F) Amended award
added
“(i) In general—An award for preliminary funding under subparagraph (A) may be amended to add any subsequent amount awarded because of a determination by the Secretary that a major disaster is catastrophic and qualifies for assistance under the formula.
added
“(ii) Applicability—Notwithstanding subparagraph (D), amounts provided by an amendment under clause (i) are subject to the requirements under subsections (f)(1) and (h)(1) and other requirements on grant funds under this section.
added
“(G) Technical assistance—Concurrent with the allocation of any preliminary funding awarded under this paragraph, the Secretary shall assign or provide technical assistance to the recipient of the grant.
added
“(b) Interchangeability
added
“(1) In general—The Secretary is authorized to approve the use of grants under this section to be used interchangeably and without limitation for the same activities in the most impacted and distressed areas resulting from a declaration of another catastrophic major disaster that qualifies for assistance under the formula established under paragraph (4) or (5) of subsection (a) or a major disaster for which the Secretary allocated funds made available under the heading “Community Development Fund” in any Act prior to the establishment of the Fund.
added
“(2) Requirements—The Secretary shall establish requirements to expedite the use of grants under this section for the purpose described in paragraph (1).
added
“(3) Emergency designation—Amounts repurposed pursuant to this subsection that were previously designated by Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 or a concurrent resolution on the budget are designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and to legislation establishing fiscal year 2026 budget enforcement in the House of Representatives.
added
“(c) Grantee plans
added
“(1) Requirement—Not later than 90 days after the date on which the Secretary announces a grant allocation under this section, unless an extension is granted by the Secretary, the grantee shall submit to the Secretary a plan for approval describing—
added
“(A) the activities the grantee will carry out with the grant under this section;
added
“(B) the criteria of the grantee for awarding assistance and selecting activities;
added
“(C) how the use of the grant under this section will address disaster relief, long-term recovery, restoration of housing and infrastructure, economic revitalization, and mitigation in the most impacted and distressed areas;
added
“(D) how the use of the grant funds for mitigation is consistent with hazard mitigation plans submitted to the Federal Emergency Management Agency under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165);
added
“(E) the estimated amount proposed to be used for activities that will benefit persons of low and moderate income;
added
“(F) how the use of grant funds will repair and replace existing housing stock for vulnerable populations, including low- to moderate-income households;
added
“(G) how the grantee will address the priorities described in paragraph (5);
added
“(H) how uses of funds are proportional to unmet needs, as required under paragraph (6);
added
“(I) for State grantees that plan to distribute grant amounts to units of general local government, a description of the method of distribution; and
added
“(J) such other information as may be determined by the Secretary in regulation.
added
“(2) Public consultation—To permit public examination and appraisal of the plan described in paragraph (1), to enhance the public accountability of grantee, and to facilitate coordination of activities with different levels of government, when developing the plan or substantial amendments proposed to the plan required under paragraph (1), a grantee shall—
added
“(A) publish the plan before adoption;
added
“(B) provide citizens, affected units of general local government, and other interested parties with reasonable notice of, and opportunity to comment on, the plan, with a public comment period of not less than 14 days;
added
“(C) consider comments received before submission to the Secretary;
added
“(D) follow a citizen participation plan for disaster assistance adopted by the grantee that, at a minimum, provides for participation of residents of the most impacted and distressed area affected by the major disaster that resulted in the grant under this section and other considerations established by the Secretary; and
added
“(E) undertake any consultation with interested parties as may be determined by the Secretary in regulation.
added
“(3) Approval—The Secretary shall—
added
“(A) by regulation, specify criteria for the approval, partial approval, or disapproval of a plan submitted under paragraph (1), including approval of substantial amendments to the plan;
added
“(B) review a plan submitted under paragraph (1) upon receipt of the plan;
added
“(C) allow a grantee to revise and resubmit a plan or substantial amendment to a plan under paragraph (1) that the Secretary disapproves;
added
“(D) by regulation, specify criteria for when the grantee shall be required to provide the required revisions to a disapproved plan or substantial amendment under paragraph (1) for public comment prior to resubmission of the plan or substantial amendment to the Secretary; and
added
“(E) approve, partially approve, or disapprove a plan or substantial amendment under paragraph (1) not later than 60 days after the date on which the plan or substantial amendment is received by the Secretary.
added
“(4) Low- and moderate-income overall benefit
added
“(A) Use of funds—Not less than 70 percent of a grant made under this section shall be used for activities that benefit persons of low and moderate income unless the Secretary—
added
“(i) specifically finds that—
added
“(I) there is compelling need to reduce the percentage for the grant; and
added
“(II) the housing needs of low- and moderate-income persons have been addressed; and
added
“(ii) issues a waiver and alternative requirement specific to the grant pursuant to subsection (i) to lower the percentage.
added
“(B) Regulations—The Secretary shall, by regulation, establish protocols that reflect the required use of funds under subparagraph (A), including persons with extremely and very low incomes.
added
“(5) Prioritization—The grantee shall prioritize activities that—
added
“(A) assist persons with extremely low-, low-, and moderate-incomes and other vulnerable populations to better recover from and withstand future disasters;
added
“(B) address housing needs arising from a disaster, or those needs present prior to a disaster, including the needs of both renters and homeowners;
added
“(C) prolong the life of housing and infrastructure;
added
“(D) use cost-effective means of preventing harm to people and property and incorporate protective features and redundancies; and
added
“(E) other measures that will assure the continuation of critical services during future disasters.
added
“(6) Proportional allocation—For each specific disaster, a grantee under this section shall allocate grant funds proportional to unmet needs between housing activities for renters and homeowners, economic revitalization, and infrastructure unless the Secretary specifically finds that—
added
“(A) there is a compelling need for a disproportional allocation among those unmet needs; and
added
“(B) the disproportional allocation described in subparagraph (A) is not inconsistent with the requirements under paragraph (4).
added
“(7) Disaster risk mitigation
added
“(A) Definition—In this paragraph, the term hazard-prone areas—
added
“(i) means areas identified by the Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, at risk from natural hazards that threaten property damage or health, safety, and welfare, such as floods, wildfires (including Wildland-Urban Interface areas), earthquakes, lava inundation, tornados, and high winds; and
added
“(ii) includes areas having special flood hazards as identified under the Flood Disaster Protection Act of 1973 (42 U.S.C. 4002 et seq.) or the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.).
added
“(B) Hazard-prone areas—The Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, shall establish minimum construction standards, insurance purchase requirements, and other requirements for the use of grant funds in hazard-prone areas.
added
“(C) Special flood hazards
added
“(i) In general—For the areas described in subparagraph (A)(ii), the insurance purchase requirements established under subparagraph (B) shall meet or exceed the requirements under section 102(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a(a)).
added
“(ii) Treatment as financial assistance—All grants under this section shall be treated as financial assistance for purposes of section 3(a)(3) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4003(a)(3)).
added
“(D) Consideration of future risks—The Secretary may consider future risks to protecting property and health, safety, and general welfare, and the likelihood of those risks, when making the determination of or modification to hazard-prone areas under this paragraph.
added
“(8) Relocation
added
“(A) In general—The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) shall apply to activities assisted under this section to the extent determined by the Secretary in regulation, or as provided in waivers or alternative requirements authorized in accordance with subsection (i).
added
“(B) Policy—Each grantee under this section shall establish a relocation assistance policy that—
added
“(i) minimizes displacement and describes the benefits available to persons displaced as a direct result of acquisition, rehabilitation, or demolition in connection with an activity that is assisted by a grant under this section; and
added
“(ii) includes any appeal rights or other requirements that the Secretary establishes by regulation.
added
“(d) Certifications—Any grant under this section shall be made only if the grantee certifies to the satisfaction of the Secretary that—
added
“(1) the grantee is in full compliance with the requirements under subsection (c)(2);
added
“(2) for grants other than grants to Indian tribes, the grant will be conducted and administered in conformity with the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.) and the Fair Housing Act (42 U.S.C. 3601 et seq.);
added
“(3) the projected use of funds has been developed so as to give maximum feasible priority to activities that will benefit recipients described in subsection (c)(4)(A) and activities described in subsection (c)(5), and may also include activities that are designed to aid in the prevention or elimination of slum and blight to support disaster recovery, meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs, and alleviate future threats to human populations, critical natural resources, and property that an analysis of hazards shows are likely to result from natural disasters in the future;
added
“(4) the grant funds shall principally benefit persons of low- and moderate-income as described in subsection (c)(4)(A);
added
“(5) for grants other than grants to Indian tribes, within 24 months of receiving a grant or at the time of its 3- or 5-year update, whichever is sooner, the grantee will review and make modifications to its non-disaster housing and community development plans and strategies required by subsections (c) and (m) of section 104 to reflect the disaster recovery needs identified by the grantee and consistency with the plan under subsection (c)(1);
added
“(6) the grantee will not attempt to recover any capital costs of public improvements assisted in whole or part under this section by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless—
added
“(A) funds received under this section are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than under this chapter; or
added
“(B) for purposes of assessing any amount against properties owned and occupied by persons of moderate income, the grantee certifies to the Secretary that the grantee lacks sufficient funds received under this section to comply with the requirements of subparagraph (A);
added
“(7) the grantee will comply with the other provisions of this title that apply to assistance under this section and with other applicable laws;
added
“(8) the grantee will follow a relocation assistance policy that includes any minimum requirements identified by the Secretary; and
added
“(9) the grantee will adhere to construction standards, insurance purchase requirements, and other requirements for development in hazard-prone areas described in subsection (c)(7).
added
“(e) Performance reviews and reporting
added
“(1) In general—The Secretary shall, on not less frequently than an annual basis until the closeout of a particular grant allocation, make such reviews and audits as may be necessary or appropriate to determine whether a grantee under this section has—
added
“(A) carried out activities using grant funds in a timely manner;
added
“(B) met the performance targets established by paragraph (2);
added
“(C) carried out activities using grant funds in accordance with the requirements of this section, the other provisions of this title that apply to assistance under this section, and other applicable laws; and
added
“(D) a continuing capacity to carry out activities in a timely manner.
added
“(2) Performance targets—The Secretary shall develop and make publicly available critical performance targets for review, which shall include spending thresholds for each year from the date on which funds are obligated by the Secretary to the grantee until such time all funds have been expended.
added
“(3) Failure to meet targets
added
“(A) Suspension—If a grantee under this section fails to meet 1 or more critical performance targets under paragraph (2), the Secretary may temporarily suspend the grant.
added
“(B) Performance improvement plan—If the Secretary suspends a grant under subparagraph (A), the Secretary shall provide to the grantee a performance improvement plan with the specific requirements needed to lift the suspension within a defined time period.
added
“(C) Report—If a grantee fails to meet the spending thresholds established under paragraph (2), the grantee shall submit to the Secretary, the appropriate committees of Congress, and each member of Congress who represents a district or State of the grantee a written report identifying technical capacity, funding, or other Federal or State impediments affecting the ability of the grantee to meet the spending thresholds.
added
“(4) Collection of information and reporting
added
“(A) Requirement to report—A grantee under this section shall provide to the Secretary such information as the Secretary may determine necessary for adequate oversight of the grant program under this section.
added
“(B) Public availability—Subject to subparagraph (D), the Secretary shall make information submitted under subparagraph (A) available to the public and to the Inspector General for the Department of Housing and Urban Development.
added
“(C) Summary status reports—To increase transparency and accountability of the grant program under this section the Secretary shall, on not less frequently than an annual basis, post on a public facing dashboard summary status reports for all active grants under this section that includes—
added
“(i) the status of funds by activity;
added
“(ii) the percentages of funds allocated and expended to benefit low- and moderate-income communities;
added
“(iii) performance targets, spending thresholds, and accomplishments; and
added
“(iv) other information the Secretary determines to be relevant for transparency.
added
“(D) Considerations—In carrying out this paragraph, the Secretary shall take such actions as may be necessary to ensure that personally identifiable information regarding applicants for assistance provided from funds made available under this section is not made publicly available.
added
“(E) Research partnerships
added
“(i) In general—The Secretary may, upon a formal request from researchers, make disaggregated information available to the requestor that is specific and relevant to the research being conducted, and for the purposes of researching program impact and efficacy.
added
“(ii) Privacy protections—In making information available under clause (i), the Secretary shall protect personally identifiable information as required under section 552a of title 5, United States Code (commonly known as the “Privacy Act of 1974”).
added
“(f) Eligible activities
added
“(1) In general—Activities assisted under this section—
added
“(A) may include activities permitted under section 105 or other activities permitted by the Secretary by waiver or alternative requirement pursuant to subsection (i); and
added
“(B) shall be related to disaster relief, long-term recovery, restoration of housing and infrastructure, economic revitalization, and mitigation in the most impacted and distressed areas resulting from the major disaster for which the grant was awarded.
added
“(2) Prohibition—Grant funds under this section may not be used for costs reimbursable by, or for which funds have been made available by, the Federal Emergency Management Agency, or the United States Army Corps of Engineers.
added
“(3) Administrative costs, technical assistance and planning
added
“(A) In general—The Secretary shall establish in regulation the maximum grant amounts a grantee may use for administrative costs, technical assistance and planning activities, taking into consideration size of grant, complexity of recovery, and other factors as determined by the Secretary, but not to exceed 8 percent for administration and 20 percent in total.
added
“(B) Availability—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
“(C) Supplemental plan
added
“(i) In general—Grantees may submit to the Secretary an optional supplemental plan to the grantee plan required under this title specifically for administrative costs, which shall include a description of the use of all grant funds for administrative costs, including for any eligible pre-award program administrative costs, and how such uses will prepare the grantee to more effectively and expeditiously administer funds provided under the full plan.
added
“(ii) Use of funds—If a supplemental plan is approved under clause (i), a grantee may draw down the aforementioned administrative funds before the full grantee plan is approved.
added
“(iii) Waivers—In carrying out this subparagraph, the Secretary may include any waivers or alternative requirements in accordance with subsection (i).
added
“(4) Program income—Notwithstanding any other provision of law, any grantee under this section may retain program income that is realized from grants made by the Secretary under this section if the grantee agrees that the grantee will utilize the program income in accordance with the requirements for grants under this section, except that the Secretary may—
added
“(A) by regulation, exclude from consideration as program income any amounts determined to be so small that compliance with this paragraph creates an unreasonable administrative burden on the grantee; or
added
“(B) permit the grantee to transfer remaining program income to the other grants of the grantee under this title upon closeout of the grant.
added
“(5) Prohibition on use of assistance for employment relocation activities
added
“(A) In general—Grants under this section may not be used to assist directly in the relocation of any industrial or commercial plant, facility, or operation, from one area to another area, if the relocation is likely to result in a significant loss of employment in the labor market area from which the relocation occurs.
added
“(B) Applicability—The prohibition under subparagraph (A) shall not apply to a business that was operating in the disaster-declared labor market area before the incident date of the applicable disaster and has since moved, in whole or in part, from the affected area to another State or to a labor market area within the same State to continue business.
added
“(6) Requirements—Grants under this section are subject to the requirements of this section, the other provisions of this title that apply to assistance under this section, and other applicable laws, unless modified by waivers or alternative requirements in accordance with subsection (i).
added
“(g) Environmental review
added
“(1) Adoption—A recipient of funds provided under this section that uses the funds to supplement Federal assistance provided under section 203, 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. 5170a, 5170b, 5170c, 5172, 5173, 5174(c)(4), 5189f, 5192) 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), so long as the actions covered by the existing environmental review, approval, or permit and the actions proposed for these supplemental funds are substantially the same.
added
“(2) Approval of release of funds—Notwithstanding section 104(g)(2), the Secretary or a State may, upon receipt of a request for release of funds and certification, immediately approve the release of funds for an activity or project to be assisted 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) Units of general local government—The provisions of section 104(g)(4) shall apply to assistance under this section that a State distributes to a unit of general local government.
added
“(h) Financial controls and procedures
added
“(1) In general—The Secretary shall develop requirements and procedures to demonstrate that a grantee under this section—
added
“(A) has adequate financial controls and procurement processes;
added
“(B) has adequate procedures to detect and prevent fraud, waste, abuse, and duplication of benefit; and
added
“(C) maintains a comprehensive and publicly accessible website.
added
“(2) Certification—Before making a grant under this section, the Secretary shall certify that the grantee has in place proficient processes and procedures to comply with the requirements developed under paragraph (1), as determined by the Secretary.
added
“(3) Compliance before allocation—The Secretary may permit a State, unit of general local government, or Indian tribe to demonstrate compliance with the requirements for adequate financial controls developed under paragraph (1) before a disaster occurs and before receiving an allocation for a grant under this section.
added
“(4) Duplication of benefits
added
“(A) In general—Funds made available under this section 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 of Public Law 115–254), and such rules as may be prescribed under such section 312.
added
“(B) Penalties—In any case in which the use of grant funds under this section results in a prohibited duplication of benefits, the grantee shall—
added
“(i) apply an amount equal to the identified duplication to any allowable costs of the award consistent with actual, immediate cash requirement;
added
“(ii) remit any excess amounts to the Secretary to be credited to the obligated, undisbursed balance of the grant consistent with requirements on Federal payments applicable to such grantee; and
added
“(iii) if excess amounts under clause (ii) are identified after the period of performance or after the closeout of the award, remit such amounts to the Secretary to be credited to the Fund.
added
“(C) Failure to comply—Any grantee provided funds under this section or from prior Appropriations Acts under the heading “Community Development Fund” for purposes related to major disasters that fails to comply with section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155) or fails to satisfy penalties to resolve a duplication of benefits shall be subject to remedies for noncompliance under section 111, unless the Secretary publishes a determination in the Federal Register that it is not in the best interest of the Federal Government to pursue remedial actions.
added
“(i) Waivers and alternative requirements
added
“(1) In general—In administering grants 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 grantee of those funds (except for requirements related to fair housing, nondiscrimination, labor standards, the environment, and the requirements of this section that do not expressly authorize modifications by waiver or alternative requirement), if the Secretary makes a public finding that good cause exists for the waiver or alternative requirement.
added
“(2) Effective date—A waiver or alternative requirement described in paragraph (1) shall not take effect before the date that is 5 days after the date of publication of the waiver or alternative requirement on the website of the Department of Housing and Urban Development or the effective date for any regulation published in the Federal Register.
added
“(3) Public notification—The Secretary shall notify the public of all waivers or alternative requirements described in paragraph (1) in accordance with the requirements of section 7(q)(3) of the Department of Housing and Urban Development Act (42 U.S.C. 3535(q)(3)).
added
“(j) Unused amounts
added
“(1) Deadline to use amounts—A grantee under this section shall use an amount equal to the grant within 6 years beginning on the date on which the Secretary obligates the amounts to the grantee, as such period may be extended under paragraph (4).
added
“(2) Recapture—The Secretary shall recapture and credit to the Fund any amount that is unused by a grantee under this section upon the earlier of—
added
“(A) the date on which the grantee notifies the Secretary that the grantee has completed all activities identified in the disaster grantee’s plan under subsection (c); or
added
“(B) the expiration of the 6-year period described in paragraph (1), as such period may be extended under paragraph (4).
added
“(3) Retention of funds—Notwithstanding paragraph (1), the Secretary—
added
“(A) shall allow a grantee under this section to retain amounts needed to close out grants; and
added
“(B) may allow a grantee under this section to retain up to 10 percent of the remaining funds to support maintenance of the minimal capacity to launch a new program in the event of a future disaster and to support pre-disaster long-term recovery and mitigation planning.
added
“(4) Extension of period for use of funds—The Secretary may extend the 6-year period described in paragraph (1) by not more than 4 years, or not more than 6 years for mitigation activities, if—
added
“(A) the grantee submits to the Secretary—
added
“(i) written documentation of the exigent circumstances impacting the ability of the grantee to expend funds that could not be anticipated; or
added
“(ii) a justification that such request is necessary due to the nature and complexity of the program and projects; and
added
“(B) the Secretary submits a written justification for the extension to the Committee on Appropriations and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Appropriations and the Committee on Financial Services of the House of Representatives that specifies the period of that extension.
added
“(k) Definition—In this section, the term Indian tribe has the meaning given the term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103).”
(1)
added
Proposed rules— Following consultation with the Federal Emergency Management Agency, the Small Business Administration, and other Federal agencies, not later than 6 months after the date of enactment of this Act, the Secretary shall issue proposed rules to carry out this Act and the amendments made by this Act and shall provide a 90-day period for submission of public comments on those proposed rules.
(2)
added
Final rules— Not later than 1 year after the date of enactment of this Act, the Secretary shall issue final regulations to carry out section 124 of the Housing and Community Development Act of 1974, as added by subsection (d).
(f)
added
Coordination of disaster recovery assistance, benefits, and data with other Federal agencies—
(1)
added
Coordination of disaster recovery assistance— In order to ensure a comprehensive approach to Federal disaster relief, long-term recovery, restoration of housing and infrastructure, economic revitalization, and mitigation in the most impacted and distressed areas resulting from a catastrophic major disaster, the Secretary shall coordinate with the Federal Emergency Management Agency, to the greatest extent practicable, in the implementation of assistance authorized under section 124 of the Housing and Community Development Act of 1974, as added by subsection (d).
(2)
added
Data sharing agreements— To support the coordination of data to prevent duplication of benefits with other Federal disaster recovery programs while also expediting recovery and reducing burden on disaster survivors, the Department shall establish data sharing agreements that safeguard privacy with relevant Federal agencies to ensure disaster benefits effectively and efficiently reach intended beneficiaries, while using effective means of preventing harm to people and property.
(3)
added
Data transfer from FEMA and SBA to HUD— As permitted and deemed necessary for efficient program execution, and consistent with a computer matching agreement entered into under paragraph (6)(A), the Administrator of the Federal Emergency Management Agency and the Administrator of the Small Business Administration shall provide data on disaster applicants to the Department, including, when necessary, personally identifiable information, disaster recovery needs, and resources determined eligible for, and amounts expended, to the Secretary for all major disasters declared by the President pursuant to section 401 of Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) for the purpose of providing additional assistance to disaster survivors and prevent duplication of benefits.
(4)
added
Data transfers from HUD to HUD grantees— The Secretary is authorized to provide to grantees under section 124 of the Housing and Community Development Act of 1974, as added by subsection (d), offices of the Department, technical assistance providers, and lenders information that in the determination of the Secretary is reasonably available and appropriate to inform the provision of assistance after a major disaster, including information provided to the Secretary by the Administrator of the Federal Emergency Management Agency, the Administrator of the Small Business Administration, or other Federal agencies.
(5)
added
Data transfers from HUD grantees to HUD, FEMA, and SBA—
(A)
added
Reporting— Grantees under section 124 of the Housing and Community Development Act of 1974, as added by subsection (d), shall report information requested by the Secretary on households, businesses, and other entities assisted and the type of assistance provided.
(B)
added
Sharing information— The Secretary shall share information collected under subparagraph (A) with the Federal Emergency Management Agency, the Small Business Administration, and other Federal agencies to support the planning and delivery of disaster recovery and mitigation assistance and other related purposes.
(6)
added
Privacy protection— The Secretary may make and receive data transfers authorized under this subsection, including the use and retention of that data for computer matching programs, to inform the provision of assistance, assess disaster recovery needs, and prevent the duplication of benefits and other waste, fraud, and abuse, provided that—
(A)
added
the Secretary enters an information sharing agreement or a computer matching agreement, when required by section 522a of title 5, United States Code (commonly known as the “Privacy Act of 1974”), with the Administrator of the Federal Emergency Management Agency, the Administrator of the Small Business Administration, or other Federal agencies covering the transfer of data;
(B)
added
the Secretary publishes intent to disclose data in the Federal Register;
(C)
added
notwithstanding subparagraphs (A) and (B), section 552a of title 5, United States Code, or any other law, the Secretary is authorized to share data with an entity identified in paragraph (4), and the entity is authorized to use the data as described in this section, if the Secretary enters a data sharing agreement with the entity before sharing or receiving any information under transfers authorized by this section, which data sharing agreement shall—
(i)
added
in the determination of the Secretary, include measures adequate to safeguard the privacy and personally identifiable information of individuals; and
(ii)
added
include provisions that describe how the personally identifiable information of an individual will be adequately safeguarded and protected, which requires consultation with the Secretary and the head of each Federal agency the data of which is being shared subject to the agreement.
Sec. 5502
HOME Investment Partnerships Reauthorization and Improvement Act
added
(a)
added
Authorization— Section 205 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12724) is amended to read as follows:
added
“205. Authorization of program
added
“The HOME Investment Partnerships Program under subtitle A is hereby authorized. There is authorized such sums as may be necessary to carry out subtitle A.”
(b)
added
Increase in Program administration resources— Subtitle A of title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12741 et seq.) is amended—
(1)
added
in section 212(c) (42 U.S.C. 12742(c)), by striking “10 percent” and inserting “15 percent”; and
(2)
added
in section 220(b) (42 U.S.C. 12750(b))—
(A)
added
by striking “Recognition.—” and all that follows through “A contribution” and inserting the following: “Recognition.—A contribution”; and
(B)
added
by striking paragraph (2).
(c)
added
Modification of jurisdictions eligible for reallocations— Section 217(d)(3) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12747(d)(3)) is amended by striking “Limitation.—Unless otherwise specified” and inserting the following: "Limitations.—
added
“(A) Removal of participating jurisdictions from reallocation—The Secretary may, upon a finding that such jurisdiction has failed to meet or comply with the requirements of this title, remove a participating jurisdiction from participation in reallocations of funds made available under this title.
added
“(B) Reallocation to same type of entity—Unless otherwise specified”
(d)
added
Amendments to qualification as affordable housing— Section 215 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12745) is amended—
(1)
added
in subsection (a)—
(A)
added
in paragraph (1)(E), by striking all that follows “purposes of this Act,” and inserting the following: “except upon a foreclosure by a lender (or upon other transfer in lieu of foreclosure) if such action—
added
“(i) recognizes any contractual or legal rights of public agencies, nonprofit sponsors, or others to take actions that would avoid termination of low-income affordability in the case of foreclosure or transfer in lieu of foreclosure; and
added
“(ii) is not for the purpose of avoiding low-income affordability restrictions, as determined by the Secretary; and”
(B)
added
by adding at the end the following:
added
“(7) Small-scale housing
added
“(A) Definition—In this paragraph, the term small-scale housing means housing with not more than 4 rental units.
added
“(B) Alternative requirements—Small-scale housing shall qualify as affordable housing under this title if—
added
“(i) the housing bears rents that comply with paragraph (1)(A);
added
“(ii) each unit is occupied by a household that qualifies as a low-income family;
added
“(iii) the housing complies with paragraph (1)(D);
added
“(iv) the housing meets the requirements under paragraph (1)(E); and
added
“(v) the participating jurisdiction monitors ongoing compliance of the housing with requirements of this title in a manner consistent with the purposes of section 226(b), as determined by the Secretary.”
(2)
added
in subsection (b)(1), by inserting “(defined as the amount borrowed by the homebuyer to purchase the home, or estimated value after rehabilitation, which may be adjusted to account for the limits on future value imposed by the resale restriction)” after “purchase price”.
(e)
added
Elimination of commitment deadline—
(1)
added
In general— Section 218 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12748) is amended—
(A)
added
by striking subsection (g); and
(B)
added
by redesignating subsection (h) as subsection (g).
(2)
added
Conforming amendment— Section 218(c) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12748(c)) is amended—
(A)
added
in paragraph (1), by adding “and” at the end;
(B)
added
by striking paragraph (2);
(C)
added
by redesignating paragraph (3) as paragraph (2); and
(D)
added
in paragraph (2), as so redesignated, by striking “section 224” and inserting “section 223”.
(f)
added
Reform of homeownership resale restrictions— Section 215 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12745), as amended by this section, is amended—
(1)
added
in subsection (b)—
(A)
added
in paragraph (2), by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and adjusting the margins accordingly;
(B)
added
by striking paragraph (3);
(C)
added
by redesignating paragraphs (1), (2), and (4) as subparagraphs (A), (B), and (D), respectively, and adjusting the margins accordingly;
(D)
added
by inserting after subparagraph (B), as so redesignated, the following:
added
“(C) is subject to restrictions that are established by the participating jurisdiction and determined by the Secretary to be appropriate, including with respect to the useful life of the property, to—
added
“(i) require that any subsequent purchase of the property be—
added
“(I) only by a person who meets the qualifications specified under subparagraph (B); and
added
“(II) at a price that is determined by a formula or method established by the participating jurisdiction that provides the owner with a reasonable return on investment, which may include a percentage of the cost of any improvements; or
added
“(ii) recapture the investment provided under this title in order to assist other persons in accordance with the requirements of this title, except where there are no net proceeds or where the net proceeds are insufficient to repay the full amount of the assistance; and”
(E)
added
by striking “Housing that is for homeownership” and inserting the following:
added
“(1) Qualification—Housing that is for homeownership”
(F)
added
by adding at the end the following:
added
“(2) Purchase by community land trust—Notwithstanding subparagraph (C)(i) of paragraph (1) and under terms determined by the Secretary, the Secretary may permit a participating jurisdiction to allow a community land trust that used assistance provided under this subtitle for the development of housing that meets the criteria under paragraph (1), to acquire the housing—
added
“(A) in accordance with the terms of the preemptive purchase option, lease, covenant on the land, or other similar legal instrument of the community land trust when the terms and rights in the preemptive purchase option, lease, covenant, or legal instrument are and remain subject to the requirements of this title;
added
“(B) when the purchase is for—
added
“(i) the purpose of—
added
“(I) entering into the chain of title;
added
“(II) enabling a purchase by a person who meets the qualifications specified under paragraph (1)(B) and is on a waitlist maintained by the community land trust, subject to enforcement by the participating jurisdiction of all applicable requirements of this subtitle, as determined by the Secretary;
added
“(III) performing necessary rehabilitation and improvements; or
added
“(IV) adding a subsidy to preserve affordability, which may be from Federal or non-Federal sources; or
added
“(ii) another purpose determined appropriate by the Secretary; and
added
“(C) if, within a reasonable period of time after the applicable purpose under subparagraph (B) of this paragraph is fulfilled, as determined by the Secretary, the housing is then sold to a person who meets the qualifications specified under paragraph (1)(B).
added
“(3) Suspension or waiver of requirements for military members—A participating jurisdiction, in accordance with terms established by the Secretary, may suspend or waive a requirement under paragraph (1)(B) with respect to housing that otherwise meets the criteria under paragraph (1) if the owner of the housing—
added
“(A) is a member of a regular component of the armed forces or a member of the National Guard on full-time National Guard duty, active Guard and Reserve duty, or inactive-duty training (as those terms are defined in section 101(d) of title 10, United States Code); and
added
“(B) has received—
added
“(i) temporary duty orders to deploy with a military unit or military orders to deploy as an individual acting in support of a military operation, to a location that is not within a reasonable distance from the housing, as determined by the Secretary, for a period of not less than 90 days; or
added
“(ii) orders for a permanent change of station.
added
“(4) Suspension or waiver of requirements for heir or beneficiary of deceased owner—Notwithstanding subparagraph (C) of paragraph (1), housing that meets the criteria under that paragraph prior to the death of an owner may continue to qualify as affordable housing if—
added
“(A) the housing is the principal residence of an heir or beneficiary of the deceased owner, as defined by the Secretary; and
added
“(B) the heir or beneficiary, in accordance with terms established by the Secretary, assumes the duties and obligations of the deceased owner with respect to funds provided under this title.”
(g)
added
Home property inspections— Section 226(b) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12756(b)) is amended—
(1)
added
by striking “Each participating jurisdiction” and inserting the following:
added
“(1) In general—Each participating jurisdiction”
(2)
added
by striking “Such review shall include” and all that follows and inserting the following:
added
“(2) On-site inspections
added
“(A) Inspections by units of general local government—A review conducted under paragraph (1) by a participating jurisdiction that is a unit of general local government shall include an on-site inspection to determine compliance with housing codes and other applicable regulations.
added
“(B) Inspections by States—A review conducted under paragraph (1) by a participating jurisdiction that is a State shall include an on-site inspection to determine compliance with a national standard as determined by the Secretary.
added
“(3) Inclusion in performance report and publication—A participating jurisdiction shall include in the performance report of the participating jurisdiction submitted to the Secretary under section 108(a), and make available to the public, the results of each review conducted under paragraph (1).”
(h)
added
Revisions to strengthen enforcement and penalties for noncompliance— Section 223 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12753) is amended—
(1)
added
in the heading, by striking “Penalties for misuse of funds” and inserting “Program enforcement and penalties for noncompliance”;
(2)
added
in the matter preceding paragraph (1), by inserting after “any provision of this subtitle” the following: “, including any provision applicable throughout the period required by section 215(a)(1)(E) and applicable regulations,”;
(3)
added
in paragraph (2), by striking “or” at the end;
(4)
added
in paragraph (3), by striking the period at the end and inserting “; or”; and
(5)
added
by adding at the end the following:
added
“(4) reduce payments to the participating jurisdiction under this subtitle by an amount equal to the amount of such payments which were not expended in accordance with this title.”
(i)
added
Tenant and participant protections for small-scale affordable housing— Section 225 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12755) is amended by adding at the end the following:
added
“(e) Tenant selection for small-scale housing—Paragraphs (2) through (4) of subsection (d) shall not apply to the owner of small-scale housing (as defined in section 215(a)(7)).”
(j)
added
Modification of rules related to community housing development organizations—
(1)
added
Definitions of community housing development organization and community land trust—
(A)
added
In general— Section 104 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12704) is amended—
(i)
added
in paragraph (6)(B)—
(I)
added
by striking “significant”; and
(II)
added
by striking “and otherwise” and inserting “or as otherwise determined acceptable by the Secretary”; and
(ii)
added
by adding at the end the following:
added
“(26) The term community land trust means a nonprofit entity or a State or local government or instrumentality thereof that—
added
“(A) is not managed by, or an affiliate of, a for-profit organization;
added
“(B) has as a primary purpose acquiring, developing, or holding land to provide housing that is permanently affordable to low- and moderate-income persons, and monitors properties to ensure affordability is preserved;
added
“(C) provides housing described in subparagraph (B) using a ground lease, deed covenant, or other similar legally enforceable measure, as determined by the Secretary, that—
added
“(i) keeps the housing affordable to low- and moderate-income persons for not less than 30 years; and
added
“(ii) enables low- and moderate-income persons to rent or purchase the housing for homeownership; and
added
“(D) maintains preemptive purchase options to purchase the property so the housing remains affordable to low-and moderate-income persons.”
(B)
added
Elimination of existing definition of community land trust— Section 233 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12773) is amended by striking subsection (f).
(2)
added
Set-aside for community housing development organizations— Section 231 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12771) is amended—
(A)
added
in subsection (a), by striking “to be developed, sponsored, or owned by community housing development organizations” and inserting “when a community housing development organization materially participates in the ownership or development of such housing, as determined by the Secretary”;
(B)
added
by striking subsection (b) and inserting the following:
added
“(b) Recapture and reuse—If any funds reserved under subsection (a) remain uninvested for a period of 24 months, then the Secretary shall make such funds available to the participating jurisdiction for any eligible activities under this title without regard to whether a community housing development organization materially participates in the use of the funds.”
(C)
added
by striking subsection (c).
(k)
added
Technical corrections— The Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12701 et seq.) is amended—
(1)
added
in section 104 (42 U.S.C. 12704)—
(A)
added
by redesignating paragraph (23) (relating to the definition of the term to demonstrate to the Secretary) as paragraph (22); and
(B)
added
by redesignating paragraph (24) (relating to the definition of the term insular area, as added by section 2(2) of Public Law 102–230) as paragraph (23);
(2)
added
in section 105(b) (42 U.S.C. 12705(b))—
(A)
added
in paragraph (7), by striking “Stewart B. McKinney Homeless Assistance Act” and inserting “McKinney-Vento Homeless Assistance Act”; and
(B)
added
in paragraph (8), by striking “subparagraphs” and inserting “paragraphs”;
(3)
added
in section 106 (42 U.S.C. 12706), by striking “Stewart B. McKinney Homeless Assistance Act” and inserting “McKinney-Vento Homeless Assistance Act”;
(4)
added
in section 108(a)(1) (42 U.S.C. 12708(a)(1)), by striking “section 105(b)(15)” and inserting “section 105(b)(18)”;
(5)
added
in section 212 (42 U.S.C. 12742)—
(A)
added
in subsection (a)—
(i)
added
in paragraph (3)(A)(ii), by inserting “United States” before “Housing Act”; and
(ii)
added
by redesignating paragraph (5) as paragraph (4);
(B)
added
in subsection (d)(5), by inserting “United States” before “Housing Act”; and
(C)
added
in subsection (e)(1)—
(i)
added
by striking “section 221(d)(3)(ii)” and inserting “section 221(d)(4)”; and
(ii)
added
by striking “not to exceed 140 percent” and inserting “as determined by the Secretary”;
(6)
added
in section 215(a)(6)(B) (42 U.S.C. 20 12745(a)(6)(B)), by striking “grand children” and inserting “grandchildren”;
(7)
added
in section 217 (42 U.S.C. 12747)—
(A)
added
in subsection (a)—
(i)
added
in paragraph (1), by striking “(3)” and inserting “(2)”;
(ii)
added
by striking paragraph (3), as added by section 211(a)(2)(D) of the Housing and Community Development Act of 1992 (Public Law 102–550; 106 Stat. 3756); and
(iii)
added
by redesignating the remaining paragraph (3), as added by the matter under the heading “Home investment partnerships program” under the heading “Housing programs” in title II of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1993 (Public Law 102–389; 106 Stat. 1581), as paragraph (2); and
(B)
added
in subsection (b)—
(i)
added
in paragraph (1)—
(I)
added
in the first sentence of subparagraph (A)—
(aa)
added
by striking “in regulation” and inserting “, by regulation,”; and
(bb)
added
by striking “eligible jurisdiction” and inserting “eligible jurisdictions”; and
(II)
added
in subparagraph (F)—
(aa)
added
in the first sentence—
(AA)
added
in clause (i), by striking “Subcommittee on Housing and Urban Affairs” and inserting “Subcommittee on Housing, Transportation, and Community Development”; and
(BB)
added
in clause (ii), by striking “Subcommittee on Housing and Community Development of the Committee on Banking, Finance and Urban Affairs” and inserting “Subcommittee on Housing and Insurance of the Committee on Financial Services”; and
(bb)
added
in the second sentence, by striking “the Committee on Banking, Finance and Urban Affairs of the House of Representatives” and inserting “the Committee on Financial Services of the House of Representatives”;
(ii)
added
in paragraph (2)(B), by striking “$500,000” each place that term appears and inserting “$750,000”;
(iii)
added
in paragraph (3)—
(I)
added
by striking “$500,000” each place that term appears and inserting “$750,000”; and
(II)
added
by striking “, except as provided in paragraph (4)”; and
(iv)
added
by striking paragraph (4);
(8)
added
in section 220(c) (42 U.S.C. 12750(c))—
(A)
added
in paragraph (3), by striking “Secretary” and all that follows and inserting “Secretary;”;
(B)
added
in paragraph (4), by striking “under this title” and all that follows and inserting “under this title;”; and
(C)
added
by redesignating paragraphs (6), (7), and (8) as paragraphs (5), (6), and (7), respectively;
(9)
added
in section 225(d)(4)(B) (42 U.S.C. 12755(d)(4)(B)), by striking “for” the first place that term appears; and
(10)
added
in section 283 (42 U.S.C. 12833)—
(A)
added
in subsection (a), by striking “Banking, Finance and Urban Affairs” and inserting “Financial Services”; and
(B)
added
in subsection (b), by striking “General Accounting Office” each place that term appears and inserting “Government Accountability Office”.
Sec. 5503
Rural Housing Service Reform Act
added
(a)
added
Application of multifamily mortgage foreclosure procedures to multifamily mortgages held by the Secretary of Agriculture and preservation of the rental assistance contract upon foreclosure—
(1)
added
Multifamily mortgage procedures— Section 363(2) of the Multifamily Mortgage Foreclosure Act of 1981 (12 U.S.C. 3702(2)) is amended—
(A)
added
in subparagraph (D), by striking “and” at the end;
(B)
added
in subparagraph (E), by striking the period at the end and inserting “; or”; and
(C)
added
by adding at the end the following:
added
“(F) section 514, 515, or 538 of the Housing Act of 1949 (42 U.S.C. 1484, 1485, 1490p).”
(2)
added
Preservation of contract— Section 521(d) of the Housing Act of 1949 (42 U.S.C. 1490a(d)) is amended by adding at the end the following:
added
“(3) Notwithstanding any other provision of law in managing and disposing of any multifamily property that is owned or has a mortgage held by the Secretary, and during the process of foreclosure on any property with a contract for rental assistance under this section—
added
“(A) the Secretary shall maintain any rental assistance payments that are attached to any dwelling units in the property; and
added
“(B) the rental assistance contract may be used to provide further assistance to existing projects under 514, 515, or 516.”
(b)
added
Study on rural housing loans for housing for low- and moderate-income families— Not later than 6 months after the date of enactment of this Act, the Secretary of Agriculture shall conduct a study and submit to Congress a publicly available report on the loan program under section 521 of the Housing Act of 1949 (42 U.S.C. 1490a), including—
(1)
added
the total amount provided by the Secretary in subsidies under such section 521 to borrowers with loans made pursuant to section 502 of such Act (42 U.S.C. 1472);
(2)
added
how much of the subsidies described in paragraph (1) are being recaptured; and
(3)
added
the amount of time and costs associated with recapturing those subsidies.
(c)
added
Authorization of appropriations for staffing and IT upgrades— There is authorized to be appropriated to the Secretary of Agriculture for each of fiscal years 2026 through 2030 such sums as may be necessary for increased staffing needs and information technology upgrades to support all Rural Housing Service programs.
(d)
added
Funding for technical improvements—
(1)
added
Authorization of appropriations— There is authorized to be appropriated to the Secretary of Agriculture such sums as may be necessary for fiscal year 2026 for improvements to the technology of the Rural Housing Service of the Department of Agriculture used to process and manage housing loans.
(2)
added
Availability— Amounts appropriated pursuant to paragraph (1) shall remain available until the date that is 5 years after the date of the appropriation.
(3)
added
Timeline— The Secretary of Agriculture shall make the improvements described in paragraph (1) during the 5-year period beginning on the date on which amounts are appropriated under paragraph (1).
(e)
added
Permanent establishment of housing preservation and revitalization program— Title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.) is amended by adding at the end the following:
added
“545. Housing preservation and revitalization program
added
“(a) Establishment—The Secretary shall carry out a program under this section for the preservation and revitalization of multifamily rental housing projects financed under section 514, 515, or 516.
added
“(b) Notice of maturing loans
added
“(1) To owners—On an annual basis, the Secretary shall provide written notice to each owner of a property financed under section 514, 515, or 516 that will mature within the 4-year period beginning upon the provision of the notice, setting forth the options and financial incentives that are available to facilitate the extension of the loan term or the option to decouple a rental assistance contract pursuant to subsection (f).
added
“(2) To tenants
added
“(A) In general—On an annual basis, for each property financed under section 514, 515, or 516, not later than the date that is 2 years before the date that the loan will mature, the Secretary shall provide written notice to each household residing in the property that informs them of—
added
“(i) the date of the loan maturity;
added
“(ii) the possible actions that may happen with respect to the property upon that maturity; and
added
“(iii) how to protect their right to reside in federally assisted housing, or how to secure housing voucher, after that maturity.
added
“(B) Language—Notice under this paragraph shall be provided in plain English and shall be translated to other languages in the case of any property located in an area in which a significant number of residents speak such other languages.
added
“(c) Loan restructuring—Under the program under this section, in any circumstance in which the Secretary proposes a restructuring to an owner or an owner proposes a restructuring to the Secretary, the Secretary may restructure such existing housing loans, as the Secretary considers appropriate, for the purpose of ensuring that those projects have sufficient resources to preserve the projects to provide safe and affordable housing for low-income residents and farm laborers, by—
added
“(1) reducing or eliminating interest;
added
“(2) deferring loan payments;
added
“(3) subordinating, reducing, or reamortizing loan debt;
added
“(4) providing other financial assistance, including advances, payments, and incentives (including the ability of owners to obtain reasonable returns on investment) required by the Secretary; and
added
“(5) permanently removing a portion of the housing units from income restrictions when sustained vacancies have occurred.
added
“(d) Renewal of rental assistance
added
“(1) In general—When the Secretary proposes to restructure a loan or agrees to the proposal of an owner to restructure a loan pursuant to subsection (c), the Secretary shall offer to renew the rental assistance contract under section 521(a)(2) for a term that is the shorter of 20 years and the term of the restructured loan, subject to annual appropriations, provided that the owner agrees to bring the property up to such standards that will ensure maintenance of the property as decent, safe, and sanitary housing for the full term of the rental assistance contract.
added
“(2) Additional rental assistance—With respect to a project described in paragraph (1), if rental assistance is not available for all households in the project for which the loan is being restructured pursuant to subsection (c), the Secretary may extend such additional rental assistance to unassisted households at that project as is necessary to make the project safe and affordable to low-income households.
added
“(e) Restrictive use agreements
added
“(1) Requirement—As part of the preservation and revitalization agreement for a project, the Secretary shall obtain a restrictive use agreement that is recorded and obligates the owner to operate the project in accordance with this title.
added
“(2) Term
added
“(A) No extension of rental assistance contract—Except when the Secretary enters into a 20-year extension of the rental assistance contract for a project, the term of the restrictive use agreement for the project shall be consistent with the term of the restructured loan for the project.
added
“(B) Extension of rental assistance contract—If the Secretary enters into a 20-year extension of the rental assistance contract for a project, the term of the restrictive use agreement for the project shall be for the longer of—
added
“(i) 20 years; or
added
“(ii) the remaining term of the loan for that project.
added
“(C) Termination—The Secretary may terminate the 20-year use restrictive use agreement for a project before the end of the term of the agreement if the 20-year rental assistance contract for the project with the owner is terminated at any time for reasons outside the control of the owner.
added
“(f) Decoupling of rental assistance
added
“(1) Renewal of rental assistance contract—If the Secretary determines that a loan maturing during the 4-year period beginning upon the provision of the notice required under subsection (b)(1) for a project cannot reasonably be restructured in accordance with subsection (c) because it is not financially feasible or the owner does not agree with the proposed restructuring, and the project was operating with rental assistance under section 521 and the recipient is a borrower under section 514 or 515, the Secretary may renew the rental assistance contract, notwithstanding any requirement under section 521 that the recipient be a current borrower under section 514 or 515, for a term of 20 years, subject to annual appropriations.
added
“(2) Additional rental assistance—With respect to a project described in paragraph (1), if rental assistance is not available for all households in the project for which the loan is being restructured pursuant to subsection (c), the Secretary may extend such additional rental assistance to unassisted households at that project as is necessary to make the project safe and affordable to low-income households.
added
“(3) Rents
added
“(A) In general—Any agreement to extend the term of the rental assistance contract under section 521 for a project shall obligate the owner to continue to maintain the project as decent, safe, and sanitary housing and to operate the development as affordable housing in a manner that meets the goals of this title.
added
“(B) Rent amounts—Subject to subparagraph (C), in setting rents, the Secretary—
added
“(i) shall determine the maximum initial rent based on current fair market rents established under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f); and
added
“(ii) may annually adjust the rent determined under clause (i) by the operating cost adjustment factor as provided under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note).
added
“(C) Higher rent
added
“(i) In general—Subparagraph (B) shall not apply if the Secretary determines that the budget-based needs of a project require a higher rent than the rent described in subparagraph (B).
added
“(ii) Rent—If the Secretary makes a positive determination under clause (i), the Secretary may approve a budget-based rent level for the project.
added
“(4) Conditions for approval—Before the approval of a rental assistance contract authorized under this section, the Secretary shall require, through an annual notice in the Federal Register, the owner to submit to the Secretary a plan that identifies financing sources and a timetable for renovations and improvements determined to be necessary by the Secretary to maintain and preserve the project.
added
“(g) Multifamily housing transfer technical assistance—Under the program under this section, the Secretary may provide grants to qualified nonprofit organizations and public housing agencies to provide technical assistance, including financial and legal services, to borrowers under loans under this title for multifamily housing to facilitate the acquisition or preservation of such multifamily housing properties in areas where the Secretary determines there is a risk of loss of affordable housing.
added
“(h) Administrative expenses—Of any amounts made available for the program under this section for any fiscal year, the Secretary may use not more than $1,000,000 for administrative expenses for carrying out such program.
added
“(i) Authorization of appropriations—There is authorized to be appropriated for the program under this section such sums as may be necessary for each of fiscal years 2026 through 2030.
added
“(j) Rulemaking
added
“(1) In general—Not later than 180 days after the date of enactment of the Renewing Opportunity in the American Dream to Housing Act of 2025, the Secretary shall—
added
“(A) publish an advance notice of proposed rulemaking; and
added
“(B) consult with appropriate stakeholders.
added
“(2) Interim final rule—Not later than 1 year after the date of enactment of the Renewing Opportunity in the American Dream to Housing Act of 2025, the Secretary shall publish an interim final rule to carry out this section.”
(f)
added
Rental assistance contract authority— Section 521(d) of the Housing Act of 1949 (42 U.S.C. 1490a(d)), as amended by this section, is amended—
(1)
added
in paragraph (1)—
(A)
added
by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively;
(B)
added
by inserting after subparagraph (A) the following:
added
“(B) upon request of an owner of a project financed under section 514 or 515, the Secretary is authorized to enter into renewal of such agreements for a period of 20 years or the term of the loan, whichever is shorter, subject to amounts made available in appropriations Acts;”
(C)
added
in subparagraph (C), as so redesignated, by striking “subparagraph (A)” and inserting “subparagraphs (A) and (B)”; and
(D)
added
in subparagraph (D), as so redesignated, by striking “subparagraphs (A) and (B)” and inserting “subparagraphs (A), (B), and (C)”;
(2)
added
in paragraph (2), by striking “shall” and inserting “may”; and
(3)
added
by adding at the end the following:
added
“(4) In the case of any rental assistance contract authority that becomes available because of the termination of assistance on behalf of an assisted family—
added
“(A) at the option of the owner of the rental project, the Secretary shall provide the owner a period of not more than 6 months before unused assistance is made available pursuant to subparagraph (B) during which the owner may use such assistance authority to provide assistance on behalf of an eligible unassisted family that—
added
“(i) is residing in the same rental project in which the assisted family resided before the termination; or
added
“(ii) newly occupies a dwelling unit in the rental project during that 6-month period; and
added
“(B) except for assistance used as provided in subparagraph (A), the Secretary shall use such remaining authority to provide assistance on behalf of eligible families residing in other rental projects originally financed under section 514, 515, or 516.”
(g)
added
Modifications to loans and grants for minor improvements to farm housing and buildings; income eligibility— Section 504(a) of the Housing Act of 1949 (42 U.S.C. 1474(a)) is amended—
(1)
added
in the first sentence, by inserting “and may make a loan to an eligible low-income applicant” after “applicant”;
(2)
added
by inserting “Not less than 60 percent of loan funds made available under this section shall be reserved and made available for very low-income applicants.” after the first sentence; and
(3)
added
by striking “$7,500” and inserting “$15,000”.
(h)
added
Rural community development initiative— Subtitle E of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009 et seq.) is amended by adding at the end the following:
added
“381O. Rural community development initiative
added
“(a) Definitions—In this section:
added
“(1) Eligible entity—The term eligible entity means—
added
“(A) a private, nonprofit community-based housing or community development organization;
added
“(B) a rural community; or
added
“(C) a federally recognized Indian tribe.
added
“(2) Eligible intermediary—The term eligible intermediary means a qualified—
added
“(A) private, nonprofit organization; or
added
“(B) public organization.
added
“(b) Establishment—The Secretary shall establish a Rural Community Development Initiative, under which the Secretary shall provide grants to eligible intermediaries to carry out programs to provide financial and technical assistance to eligible entities to develop the capacity and ability of eligible entities to carry out projects to improve housing, community facilities, and community and economic development projects in rural areas.
added
“(c) Amount of grants—The amount of a grant provided to an eligible intermediary under this section shall be not more than $250,000.
added
“(d) Matching funds
added
“(1) In general—An eligible intermediary receiving a grant under this section shall provide matching funds from other sources, including Federal funds for related activities, in an amount not less than the amount of the grant.
added
“(2) Waiver—The Secretary may waive paragraph (1) with respect to a project that would be carried out in a persistently poor rural region, as determined by the Secretary.”
(i)
added
Annual report on rural housing programs— Title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.), as amended by this section, is amended by adding at the end the following:
added
“546. Annual report
added
“(a) In general—The Secretary shall submit to the appropriate committees of Congress and publish on the website of the Department of Agriculture an annual report on rural housing programs carried out under this title, which shall include significant details on the health of Rural Housing Service programs, including—
added
“(1) raw data sortable by programs and by region regarding loan performance;
added
“(2) the housing stock of those programs, including information on why properties end participation in those programs, such as for maturation, prepayment, foreclosure, or other servicing issues; and
added
“(3) risk ratings for properties assisted under those programs.
added
“(b) Protection of information—The data included in each report required under subsection (a) may be aggregated or anonymized to protect participant financial or personal information.”
(j)
added
GAO report on Rural Housing Service technology— Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that includes—
(1)
added
an analysis of how the outdated technology used by the Rural Housing Service impacts participants in the programs of the Rural Housing Service;
(2)
added
an estimate of the amount of funding that is needed to modernize the technology used by the Rural Housing Service; and
(3)
added
an estimate of the number and type of new employees the Rural Housing Service needs to modernize the technology used by the Rural Housing Service.
(k)
added
Adjustment to rural development voucher amount—
(1)
added
In general— Not later than 2 years after the date of enactment of this Act, the Secretary of Agriculture shall issue regulations to establish a process for adjusting the voucher amount provided under section 542 of the Housing Act of 1949 (42 U.S.C. 1490r) after the issuance of the voucher following an interim or annual review of the amount of the voucher.
(2)
added
Interim review— The interim review described in paragraph (1) shall, at the request of a tenant, allow for a recalculation of the voucher amount when the tenant experiences a reduction in income, change in family composition, or change in rental rate.
(A)
added
In general— The annual review described in paragraph (1) shall require tenants to annually recertify the family composition of the household and that the family income of the household does not exceed 80 percent of the area median income at a time determined by the Secretary of Agriculture.
(B)
added
Considerations— If a tenant does not recertify the family composition and family income of the household within the time frame required under subparagraph (A), the Secretary of Agriculture—
(i)
added
shall consider whether extenuating circumstances caused the delay in recertification; and
(ii)
added
may alter associated consequences for the failure to recertify based on those circumstances.
(C)
added
Effective date— Following the annual review of a voucher under paragraph (1), the updated voucher amount shall be effective on the 1st day of the month following the expiration of the voucher.
(4)
added
Deadline— The process established under paragraph (1) shall require the Secretary of Agriculture to review and update the voucher amount described in paragraph (1) for a tenant not later than 60 days before the end of the voucher term.
(l)
added
Eligibility for rural housing vouchers— Section 542 of the Housing Act of 1949 (42 U.S.C. 1490r) is amended by adding at the end the following:
added
“(c) Eligibility of households in sections 514, 515, and 516 projects—The Secretary may provide rural housing vouchers under this section for any low-income household (including those not receiving rental assistance) residing for a term longer than the remaining term of their lease that is in effect on the date of prepayment, foreclosure, or mortgage maturity, in a property financed with a loan under section 514 or 515 or a grant under section 516 that has—
added
“(1) been prepaid with or without restrictions imposed by the Secretary pursuant to section 502(c)(5)(G)(ii)(I);
added
“(2) been foreclosed; or
added
“(3) matured after September 30, 2005.”
(m)
added
Amount of voucher assistance— Notwithstanding any other provision of law, in the case of any rural housing voucher provided pursuant to section 542 of the Housing Act of 1949 (42 U.S.C. 1490r), the amount of the monthly assistance payment for the household on whose behalf the assistance is provided shall be determined as provided in subsection (a) of such section 542, including providing for interim and annual review of the voucher amount in the event of a change in household composition or income or rental rate.
(n)
added
Transfer of multifamily rural housing projects— Section 515 of the Housing Act of 1949 (42 U.S.C. 1485) is amended—
(1)
added
in subsection (h), by adding at the end the following:
added
“(3) Transfer to nonprofit organizations—A nonprofit or public body purchaser, including a limited partnership with a general partner with the principal purpose of providing affordable housing, may purchase a property for which a loan is made or insured under this section that has received a market value appraisal, without addressing rehabilitation needs at the time of purchase, if the purchaser—
added
“(A) makes a commitment to address rehabilitation needs during ownership and long-term use restrictions on the property; and
added
“(B) at the time of purchase, accepts long-term use restrictions on the property.”
(2)
added
in subsection (w)(1), in the first sentence in the matter preceding subparagraph (A), by striking “9 percent” and inserting “25 percent”.
(o)
added
Extension of loan term—
(1)
added
In general— Section 502(a)(2) of the Housing Act of 1949 (42 U.S.C. 1472(a)(2)) is amended—
(A)
added
by inserting “(A)” before “The Secretary”;
(B)
added
in subparagraph (A), as so designated, by striking “paragraph” and inserting “subparagraph”; and
(C)
added
by adding at the end the following:
added
“(B) The Secretary may refinance or modify the period of any loan, including any refinanced loan, made under this section in accordance with terms and conditions as the Secretary shall prescribe, but in no event shall the total term of the loan from the date of the refinance or modification exceed 40 years.”
(2)
added
Application— The amendment made under paragraph (1) shall apply with respect to loans made under section 502 of the Housing Act of 1949 (42 U.S.C. 1472) before, on, or after the date of enactment of this Act.
(p)
added
Release of liability for section 502 guaranteed borrower upon assumption of original loan by new borrower— Section 502(h)(10) of the Housing Act of 1949 (42 U.S.C. 1472(h)(10)) is amended to read as follows:
added
“(10) Transfer and assumption—Upon the transfer of property for which a guaranteed loan under this subsection was made and the assumption of the guaranteed loan by an approved eligible borrower, the original borrower of a guaranteed loan under this subsection shall be relieved of liability with respect to the loan.”
(q)
added
Department of Agriculture loan restrictions—
(1)
added
Definitions— In this subsection, the terms State and Tribal organization have the meanings given those terms in section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n).
(2)
added
Revision— The Secretary of Agriculture shall revise section 3555.102(c) of title 7, Code of Federal Regulations, to exclude from the restriction under that section—
(A)
added
a home-based business that is a licensed, registered, or regulated child care provider under State law or by a Tribal organization; and
(B)
added
an applicant that has applied to become a licensed, registered or regulated child care provider under State law or by a Tribal organization.
(r)
added
Loan guarantees— Section 502(h)(4) of the Housing Act of 1949 (42 U.S.C. 1472(h)(4)) is amended—
(1)
added
by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively;
(2)
added
by striking “Loans may be guaranteed” and inserting the following:
added
“(A) Definition—In this paragraph, the term accessory dwelling unit means a single, habitable living unit—
added
“(i) with means of separate ingress and egress;
added
“(ii) that is usually subordinate in size;
added
“(iii) that can be added to, created within, or detached from a primary 1-unit, single-family dwelling; and
added
“(iv) in combination with a primary 1-unit, single family dwelling, constitutes a single interest in real estate.
added
“(B) Single family requirement—Loans may be guaranteed”
(3)
added
by adding at the end the following:
added
“(C) Rule of construction—Nothing in this paragraph shall be construed to prohibit the leasing of an accessory dwelling unit or the use of rental income derived from such a lease to qualify for a loan guaranteed under this subsection—
added
“(i) after the date of enactment of the Renewing Opportunity in the American Dream to Housing Act of 2025; and
added
“(ii) if the property that is the subject of the loan was constructed before the date of enactment of the Renewing Opportunity in the American Dream to Housing Act of 2025.”
(s)
added
Application review—
(1)
added
Sense of Congress— It is the sense of Congress, not later than 90 days after the date on which the Secretary of Agriculture receives an application for a loan, grant, or combined loan and grant under section 502 or 504 of the Housing Act of 1949 (42 U.S.C. 1472, 1474), the Secretary of Agriculture should—
(A)
added
review the application;
(B)
added
complete the underwriting;
(C)
added
make a determination of eligibility with respect to the application; and
(D)
added
notify the applicant of determination.
(A)
added
In general— Not later than 90 days after the date of enactment of this Act, and annually thereafter until the date described in subparagraph (B), the Secretary of Agriculture 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—
(i)
added
detailing the timeliness of eligibility determinations and final determinations with respect to applications under sections 502 and 504 of the Housing Act of 1949 (42 U.S.C. 1472, 1474), including justifications for any eligibility determinations taking longer than 90 days; and
(ii)
added
that includes recommendations to shorten the timeline for notifications of eligibility determinations described in clause (i) to not more than 90 days.
(B)
added
Date described— The date described in this subparagraph is the date on which, during the preceding 5-year period, the Secretary of Agriculture provides each eligibility determination described in subparagraph (A) during the 90-day period beginning on the date on which each application is received.
Sec. 5504
New Moving to Work cohort
added
(a)
added
Definitions— In this section:
(1)
added
Moving to work demonstration— The term Moving to Work demonstration means the Moving to Work demonstration authorized under section 204 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (42 U.S.C. 1437f note).
(2)
added
Secretary— The term Secretary means the Secretary of Housing and Urban Development.
(b)
added
Authorization of additional public housing agencies—
(1)
added
In general— After the completion of the initial report required under subsection (h)(2), the Secretary may add up to an additional 25 public housing agencies that are designated as high performing agencies under the Public Housing Assessment System or the Section 8 Management Assessment Program to participate in a new cohort as part of the Moving to Work demonstration.
(2)
added
Name— The new cohort authorized under paragraph (1) shall be entitled the “Economic Opportunity and Pathways to Independence Cohort”.
(c)
added
Waiver authority—
(1)
added
In general— Subject to paragraph (2), the authority of the Secretary to grant waivers to agencies admitted to the Moving to Work demonstration under this section or to designate policy changes as part of a cohort design under this section shall be limited to the waivers codified as of January 2025 in Appendix I of the document of the Department of Housing and Urban Development entitled “Operations Notice for the Expansion of the Moving to Work Demonstration Program” (FR–5994–N–05) published in the Federal Register on August 28, 2020, as amended by the notice entitled “Operations Notice for Expansion of the Moving to Work Demonstration Program Technical Revisions” (FR–5994–N–06) published in the Federal Register on March 20, 2025.
(2)
added
Exceptions— Under paragraph (1), the Secretary may not grant waivers 1c, 1d, 1e, 1f, 1k, 1l, 1o, 1p, 1q, 6, 7, 9a, 9h, or 12 in the document described in paragraph (1), including modifications of or safe harbor requirement waivers for such waivers.
(3)
added
Policy options— In carrying out the Moving to Work demonstration cohort established under this section, the Secretary may consider policy options to provide opt-out savings or escrow accounts and report positive rental payments to consumer reporting agencies (as defined in section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a)) with resident consent.
(d)
added
Funding and use of funds—
(1)
added
In general— Public housing agencies in the cohort authorized under this section may expend not more than 5 percent of the amounts those public housing agencies receive in any fiscal year for housing assistance payments under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) for purposes other than such housing assistance payments.
(2)
added
Other uses— Such other uses of amounts described in paragraph (1) shall comply with all other applicable requirements.
(A)
added
Renewal— The amount of funding public housing agencies receive for renewal of housing assistance payments under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) shall be determined according to the same funding formula applicable to public housing agencies that do not participate in the Moving to Work demonstration, except that the Secretary shall provide public housing agencies funding to renew any funds expended under this subsection, with an adjustment for inflation.
(B)
added
Administrative fees— The amount of funding public housing agencies receive for administrative fees under section 8(q) of the United States Housing Act of 1937 (42 U.S.C. 1437f(q)), public housing operating subsidies under section 9(e) of the United States Housing Act of 1937 (42 U.S.C. 1437g(e)), and public housing capital funding under section 9(d) of the United States Housing Act of 1937 (42 U.S.C. 1437g(d)) shall be determined according to the same funding formula applicable to public housing agencies that do not participate in the Moving to Work demonstration.
(e)
added
Selection requirements— The Secretary shall select public housing agencies designated under this section through a competitive process, as determined by the Secretary, with the following parameters:
(1)
added
No public housing agency shall be granted this designation under this section that administers more than 27,000 aggregate housing vouchers and public housing units.
(2)
added
Of the public housing agencies selected under this section, not more than 12 shall administer 1,000 or fewer aggregate housing vouchers and public housing units, not more than 8 shall administer between 1,001 and 6,000 aggregate housing vouchers and public housing units, and not more than 5 shall administer between 6,001 and 27,000 aggregate housing vouchers and public housing units.
(3)
added
Selection of public housing agencies under this section shall be based on ensuring the geographic diversity of Moving to Work demonstration public housing agencies.
(4)
added
Within the requirements under paragraphs (1) through (3), the Secretary shall prioritize selecting public housing agencies that serve families with children and youth aging out of foster care at a rate above the national average.
(f)
added
Requirements for selected public housing agencies— Consistent with section 204(c)(3) of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (42 U.S.C. 1437f note), public housing agencies selected for the Moving to Work demonstration under this section shall—
(1)
added
ensure that not less than 75 percent of the families assisted are very low-income families, as defined in section 3(b)(2)(B) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(2)(B));
(2)
added
establish a reasonable rent policy, which shall be designed to encourage employment and self-sufficiency by participating families, consistent with the purpose of the Moving to Work demonstration, such as by excluding some or all of a family’s earned income for purposes of determining rent;
(3)
added
continue to assist substantially the same total number of eligible low-income families as would have been served had the amounts not been combined;
(4)
added
maintain a comparable mix of families (by family size) as would have been provided had the amounts not been used under the Moving to Work demonstration; and
(5)
added
assure that housing assisted under the Moving to Work demonstration meets housing quality standards established or approved by the Secretary.
(1)
added
In general— If the Secretary finds that a public housing agency participating in the cohort authorized under this section is not in compliance with the requirements under this section, the Secretary shall make a determination of noncompliance.
(2)
added
Compliance— Upon making a determination under paragraph (1), the Secretary shall develop a process to bring the public housing agency into compliance.
(3)
added
Removal— If a public housing agency cannot be brought into compliance under the process developed under paragraph (2), the Secretary shall remove the participating public housing agency from the cohort and replace it with a similarly qualified public housing agency currently not in the cohort chosen in the manner described in subsection (e).
(4)
added
Notification— Upon removing a public housing agency under paragraph (3), the Secretary shall immediately 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)
added
a notification of the removal; and
(B)
added
a report on the active steps the Secretary is taking to replace the public housing agency with a new public housing agency.
(h)
added
Comprehensive Moving to Work reporting and oversight requirements—
(1)
added
Cohort research—
(A)
added
In general— The Secretary shall continue ongoing research investigations commenced as part of the assessment of the cohorts established under section 239 of the Department of Housing and Urban Development Appropriations Act, 2016 (42 U.S.C. 1437f note; Public Law 114–113), make public all products completed as part of those investigations, and keep such products online for at least 5 years.
(B)
added
Coordination— The Secretary shall coordinate with the advisory committee established under section 239 of the Department of Housing and Urban Development Appropriations Act, 2016 (42 U.S.C. 1437f note; Public Law 114–113) to establish a research program to evaluate the outcomes and efficacy of the following for all Moving to Work demonstration agencies designated under the authority under such section and this section:
(i)
added
The waivers granted to each cohort and whether those waivers accomplish the goals of achieving greater cost effectiveness and administrative capacity, incentivizing families to become economically self-sufficient, and increasing housing choice.
(ii)
added
The additional flexibilities granted to individual public housing agencies under each cohort.
(iii)
added
How the flexibilities described in clause (ii) were used for local, non-traditional activities.
(2)
added
Comprehensive reporting requirement— Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Secretary 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 contains the following for each Moving to Work demonstration cohort under section 204 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (42 U.S.C. 1437f note), section 239 of the Department of Housing and Urban Development Appropriations Act, 2016 (42 U.S.C. 1437f note; Public Law 114–113), and this section:
(A)
added
The annual administrative plans of each Moving to Work demonstration public housing agency.
(B)
added
Assessments of longitudinal data, including data on units, households, and outcomes, which shall be evaluated to compare changes in the following trends before and after Moving to Work demonstration designation:
(i)
added
Impacts on tenants based on the following, disaggregated by the public housing program and the housing choice voucher program:
(I)
added
Eviction rates.
(II)
added
Hardship policy usage.
(III)
added
Share of rent covered by a household.
(IV)
added
Turnover, including the number of household moves with or without continued assistance.
(V)
added
Reasons for exit from the program.
(VI)
added
The number and characteristics of households served, including households with a non-elderly family member with a disability, 3 or more minors, homelessness status at the time of admission, and average and median income as a percent of area median income.
(ii)
added
Impacts on public housing agency operations based on the following:
(I)
added
The number of units, broken down by type.
(II)
added
The size, including the number of bedrooms per unit, accessibility, affordability, and quality of units.
(III)
added
The length of each waitlist maintained and average wait times.
(IV)
added
Changes in capital backlog needs and surplus fund and reserve levels.
(V)
added
The number of public housing units undergoing a conversion under the rental assistance demonstration program authorized under the Department of Housing and Urban Development Appropriations Act, 2012 (Public Law 112–55; 125 Stat. 673) or demolition or disposition projects under section 18 of the United States Housing Act of 1937 (42 U.S.C. 1437p), including the number of units lost and the location of any replacement housing resulting from demolition or disposition.
(VI)
added
The share of project-based vouchers compared to tenant-based vouchers.
(VII)
added
The following annual housing choice voucher data:
(aa)
added
Voucher unit utilization rates.
(bb)
added
Voucher budget utilization rates.
(cc)
added
Annualized voucher success rate.
(dd)
added
Demographic composition of households issued vouchers compared to utilized vouchers.
(ee)
added
Average time to lease-up.
(ff)
added
Average cost per voucher.
(gg)
added
Average cost per landlord incentive.
(hh)
added
Ratio of the proportion of voucher households living in concentrated low-income areas to the proportion of renter-occupied units in concentrated low-income areas.
(ii)
added
Characteristics of census tracts where voucher recipients reside.
(VIII)
added
How the public housing agency met each of the statutory requirements in section 204(c)(3) of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (42 U.S.C. 1437f note).
(iii)
added
Impacts on public housing staffing and capacity, including the average public housing agency operating, administrative, and housing assistance payment expenditures per household per month.
(C)
added
Legislative recommendations for flexibilities that could be expanded to all public housing agencies and how each flexibility enhances housing choice, affordability, and administrative capacity and efficiency for public housing agencies.
(3)
added
Public availability—
(A)
added
In general— The Secretary shall maintain all reports submitted pursuant to this section in a manner that is publicly available, accessible, and searchable on the website of the Department of Housing and Urban Development for not less than 5 years.
(B)
added
Other information—
(i)
added
In general— Annually, the Secretary shall make the annual plan of the Moving to Work demonstration, the Section 8 administrative plan, and the admission and continued occupancy policy publicly available in 1 location on the website of the Department of Housing and Urban Development for not less than 5 years.
(ii)
added
Database— The Secretary may establish a searchable database on the website of the Department of Housing and Urban Development to track the types of flexibilities into which Moving to Work demonstration public housing agencies have opted or for which a waiver was approved by the Secretary, disaggregated by year such flexibilities were adopted or approved.
Sec. 5505
Reducing Homelessness Through Program Reform Act
added
(a)
added
Definitions— In this section:
(1)
added
Appropriate congressional committees— The term appropriate congressional committees means—
(A)
added
the Committee on Banking, Housing, and Urban Affairs of the Senate; and
(B)
added
the Committee on Financial Services of the House of Representatives.
(2)
added
At risk of homelessness— The term at risk of homelessness has the meaning given the term in section 401 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360).
(3)
added
Department— The term Department means the Department of Housing and Urban Development.
(4)
added
Homeless— The term homeless has the meaning given the term in section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302).
(5)
added
Public housing agency— The term public housing agency has the meaning given the term in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)).
(6)
added
Secretary— The term Secretary, except as otherwise provided, means the Secretary of Housing and Urban Development.
(b)
added
Administrative costs for the Emergency Solutions Grants program— Section 418 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11378) is amended by striking “7.5 percent” and inserting “10 percent”.
(c)
added
Amendments to the Continuum of Care program—
(1)
added
In general— Subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.) is amended—
(A)
added
in section 402(g) (42 U.S.C. 11360a(g))—
(i)
added
by redesignating paragraph (2) as paragraph (3); and
(ii)
added
by inserting after paragraph (1) the following:
added
“(2) Time limit on designation—The Secretary—
added
“(A) shall accept applications for designation as a unified funding agency annually or biennially, which designation shall be effective for not more than 2 years; and
added
“(B) may, on an annual or biennial basis, renew any designation under subparagraph (A).”
(B)
added
in section 422 (42 U.S.C. 11382)—
(i)
added
in subsection (b)—
(I)
added
by striking “The Secretary” and inserting the following:
added
“(1) In general—Except as provided in paragraph (2), the Secretary”
(II)
added
by adding at the end the following:
added
“(2) 2-year notification—Subject to the availability of appropriations, the Secretary may issue a notification of funding availability for grants awarded under this subtitle that provides funding for 2 successive fiscal years, which shall—
added
“(A) award funds for the second year of projects, including adjustments under subsection (f), unless the project is underperforming, as determined by the collaborative applicant, and the collaborative applicant applies to replace the project with a new project; and
added
“(B) include—
added
“(i) the method for applying for and awarding projects to replace underperforming projects in year 2;
added
“(ii) the method for applying for and awarding renewals of expiring grants for projects that were not eligible for renewal in the first fiscal year;
added
“(iii) the method for allocating any amounts in the second fiscal year that are in excess of the amount needed to fund the second fiscal year of all grants awarded in the first fiscal year;
added
“(iv) the method of applying for and awarding grants, which are 1-year transition grants awarded by the Secretary to project sponsors for activities under this subtitle to transition from 1 eligible activity to another eligible activity if the recipient—
added
“(I) has the consent of the continuum of care; and
added
“(II) meets standards determined by the Secretary;
added
“(C) announce by notice the award of second fiscal year funding and awards for new and renewal projects; and
added
“(D) identify the process by which the Secretary may approve replacement of a collaborative applicant that is not a unified funding agency to receive the award in the second fiscal year.”
(ii)
added
in subsection (c)(2)—
(I)
added
by striking “(A) In general.—Except as provided in subparagraph (B), the Secretary” and inserting “The Secretary”; and
(II)
added
by striking subparagraph (B); and
(iii)
added
in subsection (e), by striking “1 year” and inserting “2 years”;
(C)
added
in section 423(a) (42 U.S.C. 11383)—
(i)
added
in paragraph (4), in the third sentence—
(I)
added
by striking “, at the discretion of the applicant and the project sponsor,”; and
(II)
added
by inserting “not more than” before “15 years”;
(ii)
added
in paragraph (7), in the matter preceding subparagraph (A), by inserting “payment of not more than 6 months of arrears for rent and utility expenses,” after “moving costs,”; and
(iii)
added
in paragraph (10), by striking “3 percent” and inserting “the greater of either $70,000 or 5 percent”;
(D)
added
in section 425 (42 U.S.C. 11385), by adding at the end the following:
added
“(f) Adjustment of costs—Not later than 1 year after the date of enactment of this subsection, and on a biennial basis thereafter, the Comptroller General of the United States—
added
“(1) shall study the hiring, retention, and compensation levels of the workforce providing the services described in subsection (c), including executive directors, case managers, and frontline staff, and examine whether low compensation is undermining program effectiveness;
added
“(2) shall submit to the appropriate congressional committees a report on any findings, and to the Secretary any recommendations, as the Comptroller General considers appropriate regarding funding levels for the cost of the supportive services and the staffing to provide the services described in subsection (c); and
added
“(3) in carrying out the study under paragraph (1), may reference the Consumer Price Index or other similar surveys.”
(E)
added
in section 426 (42 U.S.C. 11386), by adding at the end the following:
added
“(h) Inspections—When complying with inspection requirements for a housing unit provided to a homeless individual or family using assistance under this subtitle, the Secretary may allow a grantee to—
added
“(1) conduct a pre-inspection not more than 60 days before leasing the unit;
added
“(2) if the unit is located in a rural or small area, conduct a remote or video inspection of a unit; and
added
“(3) allow the unit to be leased prior to completion of an inspection if the unit passed an alternative Federal inspection within the preceding 12-month period, so long as the unit is inspected not later than 15 days after the start of the lease.”
(F)
added
in section 430 (42 U.S.C. 11386d), by adding at the end the following:
added
“(d) Costs paid by program income—With respect to grant amounts awarded under this subtitle, costs paid by the program income of a grant recipient may count toward the contributions required under subsection (a) if the costs—
added
“(1) are eligible expenses under this subtitle;
added
“(2) meet standards determined by the Secretary; and
added
“(3) supplement activities carried out by the recipient under this subtitle.”
(2)
added
Other modifications—
(A)
added
Definitions— In this paragraph—
(i)
added
the terms collaborative applicant and eligible entity have the meanings given those terms in section 401 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360); and
(ii)
added
the terms Indian tribe and tribally designated housing entity have the meanings given those terms in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103).
(B)
added
Nonapplication of civil rights laws— With respect to the funds made available for the Continuum of Care program authorized under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.) under the heading “Homeless Assistance Grants” in the Department of Housing and Urban Development Appropriations Act, 2021 (Public Law 116–260) and under section 231 of the Department of Housing and Urban Development Appropriations Act, 2020 (42 U.S.C. 11364a), title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.) shall not apply to applications by or awards for projects to be carried out—
(i)
added
on or off reservation or trust lands for awards made to Indian tribes or tribally designated housing entities; or
(ii)
added
on reservation or trust lands for awards made to eligible entities.
(C)
added
Certification— With respect to funds made available for the Continuum of Care program authorized under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.) under the heading “Homeless Assistance Grants” under section 231 of the Department of Housing and Urban Development Appropriations Act, 2020 (42 U.S.C. 11364a)—
(i)
added
applications for projects to be carried out on reservations or trust land shall contain a certification of consistency with an approved Indian housing plan developed under section 102 of the Native American Housing Assistance and Self-Determination Act (25 U.S.C. 4112), notwithstanding section 106 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12706) and section 403 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11361);
(ii)
added
Indian tribes and tribally designated housing entities that are recipients of awards for projects on reservations or trust land shall certify that they are following an approved housing plan developed under section 102 of the Native American Housing Assistance and Self-Determination Act (25 U.S.C. 4112); and
(iii)
added
a collaborative applicant for a Continuum of Care whose geographic area includes only reservation and trust land is not required to meet the requirement in section 402(f)(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360a(f)(2)).
(d)
added
Amendments to the Housing Choice Voucher program— Section 8(o)(5) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(5)) is amended by adding at the end the following:
added
“(C) Exceptions—Notwithstanding subparagraph (A)—
added
“(i) a public housing agency may accept a third party income calculation and verification of family income for purposes of this subsection if—
added
“(I) the calculation and verification was completed for determination of income eligibility for a Federal program or service during the preceding 12-month period; and
added
“(II) there has been no change in income or family composition since the calculation and verification under clause (i); and
added
“(ii) when using prior year income under section 3(a)(7)(B), a public housing agency shall use the income of the family as determined by the agency or owner for the prior calendar year or another 12-month period ending during the preceding 12 months, taking into consideration any redetermination of income between the start of such prior calendar year or other 12-month period and the date of the annual review.”
(e)
added
Improving coordination between health care systems and supportive services— Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services and the Secretary shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to conduct and submit to the appropriate congressional committees an evidence-based, nonpartisan analysis that—
(1)
added
reviews the research on linkages between access to affordable health care and homelessness and analyzes the effect of greater coordination and partnerships between health care organizations, mental health and substance use disorder and substance use disorder service providers, and housing service providers, including possible cost-savings from providing greater access to health services, recovery housing, or housing-related supportive services for individuals experiencing chronic homelessness and other types of homelessness; and
(2)
added
includes policy and program recommendations for improving access to health care and housing, health care and housing outcomes, possible cost-savings and efficiencies, and best practices.
(f)
added
Demonstration authority—
(1)
added
In general— Subtitle A of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360 et seq.) is amended by adding at the end the following:
added
“409. Demonstration authority
added
“(a) Definitions—In this section:
added
“(1) Appropriate congressional committees—The term appropriate congressional committees means—
added
“(A) the Committee on Banking, Housing, and Urban Affairs of the Senate; and
added
“(B) the Committee on Financial Services of the House of Representatives.
added
“(2) Health care organization—The term health care organization means an entity providing medical or mental and behavioral health care, including—
added
“(A) a hospital (as defined in section 1861(e) of the Social Security Act (42 U.S.C. 1395x(e)));
added
“(B) a Federally-qualified health center (as defined in section 1905(l)(2) of the Social Security Act (42 U.S.C. 1396d(l)(2))) or another community health center eligible to receive a grant under section 330 of the Public Health Service Act (42 U.S.C. 254b); and
added
“(C) a licensed or certified provider of evidence-based substance use disorder services or mental health services providing such services pursuant to funding under a block grant for substance use prevention, treatment, and recovery services or a block grant for community mental health services under subpart II or subpart I, respectively, of part B of title XIX of the Public Health Service Act (42 U.S.C. 300x et seq.).
added
“(3) Housing provider—The term housing provider means an entity, including a grant recipient under subtitle B or C of this title, a public housing agency (as defined in section 3 of the United States Housing Act of 1937 (42 U.S.C. 1437a)), or a federally funded organization or a nonprofit organization, that administers a program to provide housing services to individuals experiencing or at risk of homelessness, including rapid re-housing, transitional housing, housing choice vouchers, and housing-related supportive services.
added
“(b) Authority—The Secretary may establish demonstration projects or partnerships that involve collaboration between housing providers and healthcare organizations to provide housing-related supportive services, including—
added
“(1) assistance in coordinating data systems in a manner that is compliant with the Health Insurance Portability and Accountability Act (Public Law 104–191); and
added
“(2) projects or partnerships that are aimed at serving individuals—
added
“(A) who are homeless, chronically homeless, or at risk of homelessness; and
added
“(B) with—
added
“(i) a high-use of emergency services or emergency departments;
added
“(ii) chronic disabilities, including physical health or mental health conditions;
added
“(iii) substance use disorders;
added
“(iv) serious mental illness; or
added
“(v) other severe service needs.
added
“(c) Report—Not later than 2 years after the date of enactment of this Act, and every 4 years thereafter, the Secretary shall submit to the appropriate congressional committees a report on each demonstration project or partnership established under this section.”
(2)
added
Technical and conforming amendment— The table of contents in section 101(b) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 note) is amended by inserting after the item relating to section 408 the following:
(g)
added
Streamlining coordinated entry—
(1)
added
Audit by the Comptroller General— Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall—
(A)
added
conduct a multi-community evaluation of the operations of coordinated assessment systems by the Continuum of Care Program under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.) program to examine the efficiency, accuracy, and outcomes of those operations; and
(B)
added
submit to the appropriate congressional committees on any findings and to the Secretary on any recommendations, as the Comptroller General considers appropriate, for a more effective and efficient coordinated entry process.
(2)
added
Assessments— Not later than 2 years after the date of enactment of this Act, the Secretary shall—
(A)
added
evaluate the coordinated assessment processes under the Continuum of Care Program under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.), which shall include—
(i)
added
a request for information from continuums of care about coordinated entry tools, processes, barriers, documentation barriers, and necessary guidance;
(ii)
added
incorporation of findings from relevant reports and demonstrations of the Department, including the report described in paragraph (1); and
(iii)
added
consultation with organizations with expertise in providing health care to people experiencing homelessness on best practices in assessment tools for prioritizing resources and characterizing chronic homelessness and people experiencing homelessness with high-service needs;
(B)
added
issue an updated notice, which shall include guidance—
(i)
added
on effective assessment processes that remove barriers, streamline access, allow for coordination with public housing agencies, include trauma-informed data collection practices, improve accuracy, address needs for underserved groups, and successfully rehouse homeless individuals;
(ii)
added
that includes all key populations and subpopulations, including consideration for age, family status, health status, or other factors, access points, prioritization, and programs and systems serving individuals experiencing homelessness; and
(iii)
added
that allows for local flexibility and tailoring based on the needs and resources within the specific community; and
(C)
added
establish a timely, periodic procedure to request feedback on coordinated assessment and update the guidance, which may include conducting a request for information not less frequently than once every 5 years.
(h)
added
Improving targeted data collection, funding, and coordination— The Secretary shall—
(1)
added
issue not less than 1 request for information on—
(A)
added
improving data collection, including through the use of the Homeless Management Information System or other data systems;
(B)
added
coordination and use of data between housing and homelessness providers and physical, mental, and behavioral health organizations, substance use treatment providers, and the Department of Veterans Affairs for implementation of programs to provide services for people experiencing or at risk of homelessness, including the chronically homeless; and
(C)
added
the potential benefits and risks of using artificial intelligence models for the purpose of improving program coordination and effectiveness and assessing the effectiveness of interventions to house individuals experiencing or at risk of homelessness, including by sub-populations;
(2)
added
consider providing incentives to improve data collection, enhance the use of the Homeless Management Information System, implement community information exchanges, and strengthen the coordination of data from physical, mental, and behavioral health organizations with housing and homelessness providers, in order to target resources for housing, outreach, homelessness prevention, and housing-related supportive services for homeless individuals, or chronically homeless individuals; and
(3)
added
coordinate with the Secretary of the Department of Veterans Affairs to improve coordination between data systems for vouchers provided under section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)), the Homeless Management Information System, and any other applicable homeless program supported by the Department of Veterans Affairs.
(i)
added
Rule of construction— Nothing in this section or the amendments made by this section shall be construed to limit the authority of the Secretary to provide flexibility under housing laws in effect as of the date of enactment of this Act. The flexibilities and waivers authorized under this section and the amendments made by this section shall not replace or result in the termination of other flexibilities and waivers that the Secretary is authorized to exercise.
Sec. 5506
Incentivizing local solutions to homelessness
added
added
Section 414 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11373) is amended by adding at the end the following:
added
“(f) Funding cap waiver authority
added
“(1) In general—Notwithstanding any other provision of law or regulation, a recipient may request a waiver of the spending cap established pursuant to section 415(b) for amounts provided between fiscal years 2026 through 2029.
added
“(2) Waiver request
added
“(A) In general—A recipient seeking a waiver described in paragraph (1) shall submit to the Secretary a waiver request that includes not more than the following:
added
“(i) A demonstration of local needs and circumstances that necessitate a waiver.
added
“(ii) A detailed plan for how the recipient intends to use funds.
added
“(iii) A justification for how the proposed use of funds supports the most recent Consolidated Annual Performance and Evaluation Report of the recipient.
added
“(iv) Any public input solicited under subparagraph (B)(ii).
added
“(B) Notification—Each recipient shall—
added
“(i) notify all subrecipients, including local continuums of care, of the availability of waivers under this subsection; and
added
“(ii) prior to the submission of a waiver request under subparagraph (A)), solicit public input regarding the potential need for and proposed uses of such waiver.
added
“(C) Approval; publication—The Secretary shall—
added
“(i) make all waiver requests submitted under subparagraph (A) publicly available on the website of the Department of Housing and Urban Development;
added
“(ii) not later than 60 days after the date on which the Secretary receives a waiver request under subparagraph (A), approve or deny the request; and
added
“(iii) deny any waiver submitted under subparagraph (A) by a recipient that relocates or threaten to relocates individuals or their property without providing emergency shelter, rapid rehousing, transitional housing, permanent supportive housing, or other permanent housing options.
added
“(3) Revocation
added
“(A) In general—A waiver approved under this subsection shall remain in effect for each of fiscal years 2026 through 2029 unless the recipient notifies the Secretary in writing that the recipient wishes to revoke the waiver.
added
“(B) Notification—If a recipient revokes a waiver under subparagraph (A), the recipient shall solicit input from subrecipients regarding the revocation and provide a justification for the revocation.
added
“(C) Publication—The Secretary shall publish any revocation of a waiver under subparagraph (A) and the justification of the recipient for the waiver on the website of the Department of Housing and Urban Development.”
Sec. 5601
VA Home Loan Awareness Act
added
(a)
added
In general— Subpart A of part 2 of the Federal Housing Enterprises Financial Safety and Soundness 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
“Not later than 6 months after the date of enactment of this section, the Director shall, by regulation or order, require each enterprise to include a disclaimer below the military service question on the form known as the Uniform Residential Loan Application stating, “If yes, you may qualify for a VA Home Loan. Consult your lender regarding eligibility.”.”
(b)
added
GAO study— Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit to Congress a report on whether not less than 80 percent of lenders using the Uniform Residential Loan Application have included on that form the disclaimer required under section 1329 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, as added by subsection (a).
Sec. 5602
Veterans Affairs Loan Informed Disclosure (VALID) Act
added
(a)
added
FHA informed consumer choice disclosure—
(1)
added
Inclusion of information relating to va loans— Subparagraph (A) of section 203(f)(2) of the National Housing Act (12 U.S.C. 1709(f)(2)(A)) is amended—
(A)
added
by inserting “(i)” after “loan-to-value ratio”; and
(B)
added
by inserting before the semicolon the following: “, and (ii) in connection with a loan guaranteed or insured under chapter 37 of title 38, United States Code, assuming prevailing interest rates”.
(2)
added
Rule of construction— Nothing in the amendments made by paragraph (1) shall be construed to require an original lender to determine whether a prospective borrower is eligible for any loan included in the notice required under section 203(f) of the National Housing Act (12 U.S.C. 1709(f)).
(b)
added
Military service question—
(1)
added
In general— Subpart A of part 2 of subtitle A of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4541 et seq.), as amended by section 601(a) of this Act, is amended by adding at the end the following:
added
“1330. Uniform residential loan application
added
“Not later than 6 months after the date of enactment of this section, the Director shall 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 the question described in paragraph (1) above the signature line of the Uniform Residential Loan Application.”
(2)
added
Rulemaking— Not later than 6 months after the date of enactment of this Act, the Director of the Federal Housing Finance Agency shall issue a rule to carry out the amendment made by this section.
Sec. 5603
Housing Unhoused Disabled Veterans Act
added
(a)
added
Exclusion of certain disability benefits— Section 3(b)(4)(B) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(4)(B)) is amended—
(1)
added
by redesignating clauses (iv) and (v) as clauses (vi) and (vii), respectively; and
(2)
added
by inserting after clause (iii) the following:
added
“(iv) for the purpose of determining income eligibility with respect to the supported housing program under section 8(o)(19), any disability benefits received under chapter 11 or chapter 15 of title 38, United States Code, received by a veteran, except that this exclusion shall not apply to the income in the definition of adjusted income;
added
“(v) for the purpose of determining income eligibility with respect to any household receiving rental assistance under the supported housing program under section 8(o)(19) as it relates to eligibility for other types of housing assistance, any disability benefits received under chapter 11 or chapter 15 of title 38, United States Code, received by a veteran, except that this exclusion shall not apply to income in the definition of adjusted income;”
(b)
added
Treatment of certain disability benefits—
(1)
added
In general— When determining the eligibility of a veteran to rent a residential dwelling unit constructed on Department property on or after the date of the enactment of this Act, for which assistance is provided as part of a housing assistance program administered by the Secretary, the Secretary shall exclude from income any disability benefits received under chapter 11 or chapter 15 of title 38, United States Code by such person.
(2)
added
Definitions— In this subsection:
(A)
added
Secretary— The term Secretary means the Secretary of Housing and Urban Development.
(B)
added
Department property— The term Department property has the meaning given the term in section 901 of title 38, United States Code.
Sec. 5701
Requiring annual testimony and oversight from housing regulators
added
(a)
added
HUD programs— The Department of Housing and Urban Development Act (42 U.S.C. 3531 et seq.) is amended by adding at the end the following:
added
“15. Annual testimony
added
“The Secretary shall, on an annual basis, testify before the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on the status of all programs carried out by the Department, at the request of the relevant committee.”
(b)
added
Government guaranteed or insured mortgages— On an annual basis, the following individuals shall testify before the appropriate committees of Congress with respect to mortgage loans made, guaranteed, or insured by the Federal Government:
(1)
added
The President of the Government National Mortgage Association.
(2)
added
The Federal Housing Commissioner.
(3)
added
The Administrator of the Rural Housing Service.
(4)
added
The Executive Director of the Loan Guaranty Service of the Department of Veterans Affairs.
(5)
added
The Director of the Federal Housing Finance Agency.
(c)
added
Mortgagee review board— Section 202(c)(8) of the National Housing Act (12 U.S.C. 1708(c)(8)) is amended—
(1)
added
by striking “, in consultation with the Federal Housing Administration Advisory Board,”; and
(2)
added
by inserting “and to Congress” after “the Secretary”.
Sec. 5702
FHA reporting requirements on safety and soundness
added
(a)
added
Monthly reporting on mutual mortgage insurance fund capital ratio— Section 202(a) of the National Housing Act (12 U.S.C. 1708(a)) is amended by adding at the end the following:
added
“(8) Other required reporting—The Secretary shall—
added
“(A) submit to Congress monthly reports on the capital ratio required under section 205(f)(2); and
added
“(B) notify Congress as soon as practicable after the Fund falls below the capital ratio required under section 205(f)(2).”
(b)
added
Annual independent actuarial study— Section 202(a)(4) of the National Housing Act (12 U.S.C. 1708(a)(4)) is amended—
(1)
added
by striking “The Secretary” and inserting the following:
added
“(A) Definition—In this paragraph, the term first-time homebuyer means a borrower for whom no consumer report (as defined in section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a)) indicates that the borrower has or had a loan with a consumer purpose that is secured by a 1- to 4-unit residential real property.
added
“(B) Study and report—The Secretary”
(2)
added
in subparagraph (B), as so designated, by striking “also” and inserting “detail how many loans were originated in each census tract to first-time homebuyers, as well as”.
(c)
added
Annual report— Section 203(w)(2) of the National Housing Act (12 U.S.C. 1709(w)(2)) is amended by inserting “and first-time homebuyers (as defined in section 202(a)(4)(A))” after “minority borrowers”.
(d)
added
GAO study on sustainable homeownership— Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit to Congress a report on—
(1)
added
the value for the Federal Housing Administration of defining what is sustainable homeownership in a way that considers borrower default, refinancing of a mortgage that is not insured by the Federal Housing Administration, the Department of Veterans Affairs, or Rural Housing Service, paying off a mortgage loan and transitioning back to renting, and other factors that demonstrate whether insurance provided under title II of the National Housing Act (12 U.S.C. 1707 et seq.) has successfully served a borrower, including for first-time homebuyers for whom no consumer report (as defined in section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a)) indicates that the borrower has or had a loan with a consumer purpose that is secured by a 1- to 4-unit residential real property; and
(2)
added
the feasibility of the Federal Housing Administration developing a scorecard using the metrics described in paragraph (1) to measure borrower performance and reporting the scorecard data to Congress.
Sec. 5703
United States Interagency Council on Homelessness oversight
added
added
Section 203(a) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11313(a)) is amended—
(1)
added
in paragraph (1)—
(A)
added
by striking “Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009” and inserting “Renewing Opportunity in the American Dream to Housing Act”; and
(B)
added
by striking “update such plan annually” and inserting the following: "submit to the President and Congress a report every year thereafter that includes—
added
“(A) the status of completion of the plan; and
added
“(B) any modifications that were made to the plan and the reasons for those modifications;”
(2)
added
by redesignating paragraphs (10) through (13) as paragraphs (11) through (14), respectively;
(3)
added
by redesignating the second paragraph (9) (relating to collecting and disseminating information) as paragraph (10);
(4)
added
in paragraph (13), as so redesignated, by striking “and” at the end;
(5)
added
in paragraph (14), as so redesignated, by striking the period at the end and inserting “; and
(6)
added
by adding at the end the following:
added
“(15) testify annually before Congress.”
Sec. 5704
NeighborWorks Accountability Act
added
(a)
added
In general— Section 415(a)(1)(A) of title 5, United States Code, is amended by inserting “the Neighborhood Reinvestment Corporation,” after “the Postal Regulatory Commission,”.
(b)
added
Duties and audits— The Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101 et seq.) is amended—
(1)
added
in section 606 (42 U.S.C. 8105), by adding at the end the following:
added
“(e)
added
“(1) There is authorized to be appropriated to the Office of Inspector General of the corporation established under section 415 of title 5, United States Code, such sums as may be necessary to carry out this Act.
added
“(2) There shall not be transferred to the Office of Inspector General of the corporation any program operating responsibilities of the corporation, including the organizational assessments work and grantee oversight function of the corporation.”
(c)
added
Independent audit— Section 607 of the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8106) is amended by striking subsection (b) and inserting following:
added
“(b)
added
“(1) The accounts of the corporation shall be audited annually by an independent external auditor.
added
“(2) Notwithstanding any other audit work performed by the Office of Inspector General of the corporation, the audits required under paragraph (1) shall be conducted in accordance with generally accepted auditing standards by independent certified public accountants who are certified by a regulatory authority of the jurisdiction in which the audit is undertaken.”
Sec. 5705
Appraisal Modernization Act
added
(a)
added
Reconsideration of value—
(1)
added
In general— Section 129E of the Truth In Lending Act (15 U.S.C. 1639e) is amended—
(A)
added
by redesignating subsections (j) and (k) as subsections (k) and (l), respectively; and
(B)
added
by inserting after subsection (i) the following:
added
“(j) Consumer right to reconsideration of value or subsequent appraisal
added
“(1) Definitions—In this section:
added
“(A) Unacceptable appraisal practice—The term unacceptable appraisal practice means an appraisal report that—
added
“(i) uses unsupported or subjective terms to assess or rate the property without providing a foundation for analysis and contextual information;
added
“(ii) uses inaccurate or incomplete data about the subject property, the neighborhood, the market area, or any comparable property;
added
“(iii) includes references, statements or comparisons about crime rates or crime statistics, whether objective or subjective;
added
“(iv) relies in the appraisal analysis on comparable properties that were not personally inspected by the appraiser when required by the appraisal’s scope of work;
added
“(v) relies in the appraisal analysis on inappropriate comparable properties;
added
“(vi) fails to use comparable properties that are more similar, or nearer, to the subject property without adequate explanation;
added
“(vii) uses comparable property data provided by any interested party to the transaction without verification by a disinterested party;
added
“(viii) uses inappropriate adjustments for differences between the subject property and the comparable properties that do not reflect the market’s reaction to such differences; or
added
“(ix) fails to make proper adjustments, including time adjustments for differences between the subject property and the comparable properties when necessary.
added
“(B) Unsupported—The term unsupported means, with respect to an appraisal report or an appraiser’s opinion of value, that the appraisal report or the opinion of value is not supported by relevant evidence and logic.
added
“(2) Review—In connection with a consumer credit transaction secured by a consumer’s principal dwelling, a creditor shall have a review and resolution procedure for a consumer-initiated reconsideration of value or subsequent appraisal that complies with the following requirements:
added
“(A) The creditor shall complete its own appraisal review before delivering the appraisal to the consumer.
added
“(B) The creditor shall have policies and procedures that provide the consumer with a process to submit 1 request for a reconsideration of value and subsequent appraisal prior to the loan closing or within 60 calendar days of denial of a credit application if the consumer believes the appraisal report may be unsupported, may be deficient due to an unacceptable appraisal practice, or may reflect discrimination.
added
“(C) At the time of application and upon delivery of the appraisal report to the consumer, the creditor shall provide a written disclosure to the consumer describing the process for requesting a reconsideration of value or subsequent appraisal, which written disclosure shall include a standardized format for the consumer to submit the request for a reconsideration of value, including—
added
“(i) the name of the borrower;
added
“(ii) the property address;
added
“(iii) the effective date of the appraisal;
added
“(iv) the appraiser’s name;
added
“(v) the date of the request;
added
“(vi) a description of why the consumer believes the appraisal report may be unsupported, may be deficient due to an unacceptable appraisal practice, or may reflect discrimination;
added
“(vii) any additional information, data, including not more than 5 alternative comparable properties and the related data sources that the consumer would like the appraiser to consider; and
added
“(viii) an explanation of why the new information, data, or comparable properties support the reconsideration of value.
added
“(D) The creditor shall obtain the necessary information from the consumer if the consumer’s request for reconsideration of value or subsequent appraisal is unclear or requires more information.
added
“(E) The creditor shall have a standardized format to communicate the reconsideration of value to the appraiser, which format shall include—
added
“(i) the name of the borrower;
added
“(ii) the property address;
added
“(iii) the effective date of the appraisal;
added
“(iv) the appraiser’s name;
added
“(v) the date of the request;
added
“(vi) a description of any area of the appraisal report that may be unsupported, may be deficient due to an unacceptable appraisal practice, or may reflect discrimination;
added
“(vii) any additional information, data, including not more than 5 alternative comparable properties and the related data sources that the consumer would like the appraiser to consider;
added
“(viii) an explanation of why the new information, data, or comparable properties support the reconsideration of value;
added
“(ix) a definition of turn-time expectations for the appraiser to communicate the reconsideration of value results back to the creditor;
added
“(x) instructions for delivering the reconsideration of value response as part of a revised appraisal report that includes commentary on conclusions regardless of the outcome; and
added
“(xi) a reference for appraisers on how to correct minor appraisal issues or non-material errors not related to the reconsideration of value process.
added
“(3) Subsequent appraisal and referral
added
“(A) In general—If the creditor identifies material deficiencies in the appraisal report that are not corrected or addressed by the appraiser upon request of the creditor, including through a consumer-initiated reconsideration of value, or if there is evidence of unsupported or unacceptable appraisal practices, the creditor shall—
added
“(i) at the request of the consumer, order a subsequent appraisal at the creditor’s own expense; and
added
“(ii) forward the appraisal report and the creditor’s summary of findings to the appropriate appraisal licensing agency or regulatory board.
added
“(B) Discrimination—If the creditor has reason to believe that an appraisal report reflects discrimination, the creditor shall—
added
“(i) order a subsequent appraisal, at the creditor’s own expense;
added
“(ii) forward the appraisal report and the creditor’s summary of findings to the appropriate local, State, or Federal enforcement agency; and
added
“(iii) upon a final determination of discrimination by the appropriate local, State, or Federal enforcement agency, receive a reimbursement from the appraiser covering the cost of the subsequent appraisal ordered by the creditor.
added
“(C) Definition
added
“(i) In general—Except as provided in clause (ii), in this paragraph, the term reason to believe means that the creditor has reviewed the applicable law and available evidence and determined that a potential violation of Federal or state antidiscrimination law exists. The available evidence may include the appraisal report, loan files, written communications, credible observations by persons with direct knowledge, statistical analysis, and the appraiser’s response to the request for a reconsideration of value.
added
“(ii) Exception—The term reason to believe does not mean that there is a final legal determination of discrimination.
added
“(4) Document retention—The creditor shall retain all documentation and written communications related to the request for reconsideration of value or subsequent appraisal in the loan file during the 7-year period beginning on the date on which the consumer submitted the credit application.
added
“(5) Rule of construction—This subsection is consistent with the exceptions to the appraiser independence requirements found in subsection (c). Nothing in this subsection shall be construed to require a creditor to submit a reconsideration of value to the original appraiser before ordering a subsequent appraisal from a subsequent appraiser.”
(2)
added
Rules and interpretative guidelines— Section 129E(g) of the Truth in Lending Act (15 U.S.C. 1639e(g)) is amended—
(A)
added
in paragraph (1), by striking “paragraph (2), the Board” and inserting “paragraphs (2) and (3), the Bureau”; and
(B)
added
by adding at the end the following:
added
“(3) Final rule—Not later than 1 year after the date of enactment of this paragraph, the Federal Housing Finance Agency shall issue a final rule after notice and comment and issue such guidance as may be necessary to carry out and enforce subsection (j).”
(b)
added
Public appraisal database— —
(1)
added
Covered agencies defined— The term covered agencies means—
(A)
added
the Federal Housing Finance Agency, on behalf of the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation;
(B)
added
the Department of Housing and Urban Development, including the Federal Housing Administration;
(C)
added
the Department of Agriculture; and
(D)
added
the Department of Veterans Affairs.
(2)
added
Feasibility report— No later than 240 days after the date of enactment of this Act, the Comptroller General of the United States shall issue a public report to Congress assessing the feasibility of creating a publicly available appraisal database that consists of a searchable and downloadable appraisal-level public use file that consolidates appraisal data held or aggregated by covered agencies, which shall include—
(A)
added
the costs and benefits associated with establishing and maintaining the public database;
(B)
added
the benefits and risks associated with either the Federal Housing Finance Agency or the Bureau of Consumer Financial Protection being responsible for the public database and whether there is another Federal agency best suited for implementing and administering such database;
(C)
added
any safety and soundness, antitrust, or consumer privacy-related risks associated with making certain appraisal data factors publicly available, including whether–
(i)
added
there are any existing legal requirements, including under the Home Mortgage Disclosure Act of 1974 (12 U.S.C. 2801 et seq.) and section 552 of title 5, United States Code (commonly known as the “Freedom of Information Act”), or additional actions Federal agencies could take to mitigate such risks, such as modifying or aggregating data, or eliminating personally identifiable information; and
(ii)
added
there are any data factors that, if made public, may violate conduct, ethics, or other professional standards as they relate to appraisals and appraisal or valuation professionals;
(D)
added
the feasibility of consolidating or matching appraisal data held by covered agencies with corresponding data that is required and made public under the Home Mortgage Disclosure Act of 1974 (12 U.S.C. 2801 et seq.);
(E)
added
whether the publication of any appraisal data factors may pose unfair business advantages within the valuation industry;
(F)
added
the feasibility of including all valuation data held by covered agencies, including data produced by automated valuation models;
(G)
added
the feasibility and benefits of making the full appraisal dataset, including any modified fields, available to—
(i)
added
Federal agencies, including for purposes related to enforcement and supervision responsibilities;
(ii)
added
relevant State licensing, supervision, and enforcement agencies and State attorneys general;
(iii)
added
approved researchers, including academics and nonprofit organizations that, in connection with their mission, work to ensure the fairness and consistency of home valuations, including appraisals; and
(iv)
added
any other entities identified by the Comptroller General as having a compelling use for disaggregated data;
(H)
added
what appraisal data is already available in the public domain; and
(I)
added
the feasibility of incorporating legacy data held by covered agencies during the period beginning on January 1, 2017 and ending on the date of enactment of this Act, and whether there are specific data points not easily consolidated or matched, as described in subparagraph (D), with more recent data.
(3)
added
Purpose— The database described in paragraph (2) shall be used to provide the public, the Federal Government, and State governments with residential real estate appraisal data to help determine whether financial institutions, appraisal management companies, appraisers, valuation technologies, such as automated valuation models, and other valuation professionals are serving the housing market in a manner that is efficient and consistent for all mortgage loan applicants, borrowers, and communities.
(4)
added
Consultation— As part of the information used in the report required under paragraph (2), the Comptroller General of the United States shall conduct interviews with—
(A)
added
relevant Federal agencies;
(B)
added
relevant State licensing, supervision, and enforcement agencies and State attorneys general;
(C)
added
appraisers and other home valuation industry professionals;
(D)
added
mortgage lending institutions;
(E)
added
fair housing and fair lending experts; and
(F)
added
any other relevant stakeholders as determined by the Comptroller General.
(5)
added
Hearing— Upon the completion of the report under paragraph (2), the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives shall each hold a hearing on the findings of the report and the feasibility of establishing a public appraisal-level appraisal database.
Sec. 5801
HUD-USDA-VA Interagency Coordination Act
added
(a)
added
Memorandum of understanding— The Secretary of Housing and Urban Development, the Secretary of Agriculture, and the Secretary of Veterans Affairs shall establish a memorandum of understanding, or other appropriate interagency agreement, to share relevant housing-related research and market data that facilitates evidence-based policymaking.
(b)
added
Interagency report—
(1)
added
Report— Not later than 180 days after the date of enactment of this Act, the Secretary of Housing and Urban Development, the Secretary of Agriculture, and the Secretary of Veterans Affairs shall jointly submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Finance of the House of Representatives a report containing—
(A)
added
a description of opportunities for increased collaboration between the Secretary of Housing and Urban Development, the Secretary of Agriculture, and the Secretary of Veterans Affairs to reduce inefficiencies in housing programs;
(B)
added
a list of Federal laws and regulations that adversely affect the availability and affordability of new construction of assisted housing and single family and multifamily residential housing subject to mortgages insured under title II of the National Housing Act (12 U.S.C. 1707 et seq.), insured, guaranteed, or made by the Secretary of Agriculture under title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.), or insured, guaranteed, or made by the Secretary of Veterans Affairs under chapter 37 of title 38, United States Code; and
(C)
added
recommendations for Congress regarding the Federal laws and regulations described in subparagraph (B).
(2)
added
Publication— The report required under paragraph (1) shall, prior to submission under that subsection, be published in the Federal Register and open for comment for a period of 30 days.
Sec. 5802
Streamlining Rural Housing Act
added
(a)
added
In general— Not later than 180 days after the date of enactment of this Act, the Secretary of Housing and Urban Development and the Secretary of Agriculture shall enter into a memorandum of understanding to—
(1)
added
evaluate categorical exclusions under the environmental review process for housing projects funded by amounts from the Department of the Housing and Urban Development and the Department of Agriculture;
(2)
added
develop a process to designate a lead agency and streamline adoption of Environmental Impact Statements and Environmental Assessments approved by the other Department to construct housing projects funded by both agencies;
(3)
added
maintain compliance with environmental regulations under part 58 of title 24, Code of Federal Regulations, as in effect on January 1, 2025, except as required to amend, add, or remove categorical exclusions identified under sections 58.35 of title 24, Code of Federal Regulations, through standard rulemaking procedures; and
(4)
added
evaluate the feasibility of a joint physical inspection process for housing projects funded by amounts from the Department of the Housing and Urban Development and the Department of Agriculture.
(b)
added
Advisory working group—
(1)
added
In general— Not later than 180 days after the date of enactment of this Act, the Secretary of Housing and Urban Development and the Secretary of Agriculture shall establish an advisory working group for the purpose of consulting on the memorandum of understanding entered into under subsection (a).
(2)
added
Members— The advisory working group established under paragraph (1) shall consist of representatives of—
(A)
added
affordable housing nonprofit organizations;
(B)
added
State housing agencies;
(C)
added
nonprofit and for-profit home builders and housing developers;
(D)
added
property management companies;
(E)
added
public housing agencies;
(F)
added
residents in housing assisted by the Department of Housing and Urban Development or the Department of Agriculture and representatives of those residents; and
(G)
added
housing contract administrators.
(c)
added
Report— Not later than 1 year after the date of enactment of this Act, the Secretary of Housing and Urban Development and the Secretary of Agriculture 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 includes recommendations for legislative, regulatory, or administrative actions—
(1)
added
to improve the efficiency and effectiveness of housing projects funded by amounts from the Department of the Housing and Urban Development and the Department of Agriculture; and
(2)
added
that do not materially, with respect to residents of housing projects described in paragraph (1)—
(A)
added
reduce the safety of those residents;
(B)
added
shift long-term costs onto those residents; or
(C)
added
undermine the environmental standards of those residents.
Sec. 5803
Improving self-sufficiency of families in HUD-subsidized housing
added
(1)
added
Study— Subject to subsection (b), the Secretary of Housing and Urban Development shall conduct a study on the implementation of work requirements implemented prior to the date of enactment of this Act by public housing agencies described in paragraph (4) participating in the Moving to Work demonstration authorized under section 204 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (42 U.S.C. 1437f note).
(2)
added
Scope— The study required under paragraph (1) shall—
(A)
added
consider the short-, medium-, and long-term benefits and challenges of work requirements on public housing agencies described in paragraph (4) and on program participants who are subject to such requirements, including the effects work requirements have on homelessness rates, poverty rates, asset building, earnings growth, job attainment and retention, and public housing agencies’ administrative capacity; and
(B)
added
include quantitative and qualitative evidence, including interviews with program participants described in subparagraph (A) and their respective resident councils.
(3)
added
Report— Not later than 180 days after the date of enactment of this Act, the Secretary shall report the initial findings of the study required under paragraph (1) to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives.
(4)
added
Public housing agencies described— The public housing agencies described in this paragraph are public housing agencies that, as part of an application to participate in the program under section 204 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (42 U.S.C. 1437f note), submit a proposal identifying work requirements as an innovative proposal.
(b)
added
Determination— The requirement under subsection (a) shall apply if the Secretary of Housing and Urban Development determines that—
(1)
added
there are a sufficient number of public housing agencies described in subsection (a)(4) such that the Secretary of Housing and Urban Development can rigorously evaluate the impact of the implementation of work requirements described in that subsection; and
(2)
added
the study would not negatively impact low-income families receiving assistance through a public housing agency described in subsection (a)(4).
Sec. 5001
Short title; table of contents
added
(a)
added
Short title— This division may be cited as the “Department of State Authorization Act for Fiscal Year 2026”.
(b)
added
Table of contents— The table of content for this division is as follows:
Sec. 5002
Definitions
added
added
In this division:
(1)
added
Appropriate congressional committees— The term appropriate congressional committees means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
(2)
added
Department— The term Department means the Department of State.
(3)
added
Secretary— The term Secretary means the Secretary of State.
Sec. 5101
Report on vetting of Foreign Service Institute language instructors
added
(a)
added
Report— Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on the execution of requirements under section 6116 of the Department of State Authorization Act of Fiscal Year 2023 (22 U.S.C. 4030) that includes—
(1)
added
a description of all steps taken to date to carry out that section;
(2)
added
a detailed explanation of the suitability or fitness reviews, background investigations, and post-employment vetting, as applicable, of relevant Foreign Service Institute instructors who provide language instructions; and
(3)
added
a description of planned additional steps required to execute such section.
Sec. 5102
Training limitations
added
added
The Department shall require the approval of the Secretary for eliminations of long-term training assignments.
Sec. 5103
Language incentive pay for civil service employees
added
added
The Secretary may provide special monetary incentives to acquire or retain proficiency in foreign languages to civil service employees who serve in domestic positions requiring critical language skills that are located in the fifty United States, the District of Columbia, and non-foreign areas (United States territories and possessions, the Commonwealth of Puerto Rico, and the Commonwealth of the Northern Mariana Islands). The amounts of such incentives should be similar to the language incentive pay provided to members of the Foreign Service pursuant to section 704(b)(3) of the Foreign Service Act of 1980 ( 22 U.S.C. 4024(b)(3)).
Sec. 5104
Options for comprehensive evaluations
added
(a)
added
In general— The Secretary shall assess options for integrating 360-degree reviews in personnel files for promotion panel consideration.
(b)
added
Evaluation systems— The assessment required by subsection (a) shall include—
(1)
added
one or more options to integrate 360-degree reviews, references, or evaluations by superiors, peers, and subordinates, including consideration of automated reference requests; and
(2)
added
other modifications or systems the Secretary considers relevant.
(c)
added
Elements— The assessment required by subsection (a) shall describe, with respect to each evaluation system included in the report—
(1)
added
any legal constraints or considerations;
(2)
added
the timeline required for implementation;
(3)
added
any starting and recurring costs in comparison to current processes;
(4)
added
the likely or potential implications for promotion decisions and trends; and
(5)
added
the impact on meeting the personnel needs of the Foreign Service.
Sec. 5105
Job share and part-time employment opportunities
added
(a)
added
In general— The Secretary shall establish and publish a Department policy on job share and part-time employment opportunities. The policy shall include a template for job-sharing arrangements, a database of job share and part-time employment opportunities, and a point of contact in the Bureau of Global Talent Management.
(b)
added
Workplace flexibility training— The Secretary shall incorporate training on workplace flexibility, including the availability of job share and part-time employment opportunities, into employee onboarding.
(c)
added
Annual report— The Secretary shall submit to the appropriate congressional committees a report on workplace flexibility at the Department, including data on the number of employees utilizing job share or part-time employment arrangements.
(d)
added
Exception for the Bureau of Intelligence and Research— The policy described in subsection (a) shall not apply to officers and employees of the Bureau of Intelligence and Research.
Sec. 5106
Promoting reutilization of language skills in the Foreign Service
added
(a)
added
Sense of Congress— It is the sense of Congress that—
(1)
added
foreign language skills are essential to effective diplomacy, particularly in high-priority positions, such as Chinese- and Russian-language designated positions focused on the People's Republic of China and Russia;
(2)
added
reutilization of acquired language skills creates efficiencies through the reduction of language training overall and increases regional expertise;
(3)
added
often, investments in language skills are not sufficiently utilized and maintained throughout the careers of members of the Foreign Service following an initial assignment after language training;
(4)
added
providing incentives or requirements to select “out-year bidders” for priority language-designated assignments would decrease training costs overall and encourage more expertise in relevant priority areas; and
(5)
added
incentives for members of the Foreign Service to not only acquire and retain, but reuse, foreign language skills in priority assignments would reduce training costs in terms of both time and money and increase regional expertise to improve abilities in those areas deemed high priority by the Secretary.
(b)
added
Incentives to reutilize language skills— Section 704(b)(3) of the Foreign Service Act of 1980 (22 U.S.C. 4024(b)(3)) is amended by inserting “and reutilize” after “to acquire or retain proficiency in”.
Sec. 5201
Periodic briefings from Bureau of Intelligence and Research
added
(a)
added
In general— Not later than 30 days after the date of the enactment of this Act, and at least every 90 days thereafter for at least the next 3 years, the Secretary shall offer to the appropriate committees of Congress a joint briefing facilitated by the Bureau of Intelligence and Research and including other bureaus, as appropriate, on—
(1)
added
any topic requested by one or more of the appropriate congressional committees;
(2)
added
any topic of current importance to the national security of the United States; and
(3)
added
any other topic the Secretary considers necessary.
(b)
added
Location— The briefings required under subsection (a) shall be held at a secure facility that is suitable for review of information that is classified at the level of “Top Secret/SCI”.
(c)
added
Appropriate committees of Congress defined— In this section, the term appropriate committees of Congress means—
(1)
added
the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate;
(2)
added
and the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives.
Sec. 5202
Support for congressional delegations
added
(a)
added
Sense of Congress— It is the sense of Congress that—
(1)
added
congressional travel is essential to fostering international relations, understanding global issues first-hand, and jointly advancing United States interests abroad; and
(2)
added
only in close coordination and thanks to the dedication of personnel at United States embassies, consulates, and other missions abroad can the success of these vital trips be possible.
(b)
added
In general— Consistent with applicable laws and the Secretary of State's security responsibilities, the Secretary shall reaffirm to all diplomatic posts the importance of congressional travel and shall direct all such posts to support congressional travel by members and staff of the appropriate congressional committees to the extent feasible considering capacity and security considerations, when authorized by applicable congressional travel procedures to include the congressional authorization letter and congressional travel legislation and policies. The Secretary shall reaffirm the Department’s policies to support such travel by members and staff of the appropriate congressional committees, by making such support available on any day of the week, including Federal and local holidays when required to complete congressional responsibilities and, to the extent practical, requiring the direct involvement of mid-level or senior officers.
(c)
added
Exception for simultaneous high-level visits— The requirement under subsection (b) does not apply in the case of a simultaneous visit from the President, the First Lady or First Gentleman, the Vice President, the Secretary of State, or the Secretary of Defense.
(d)
added
Training— The Secretary shall require all designated control officers to have been trained on supporting congressional travel at posts abroad prior to the assigned congressional visit.
Sec. 5203
Notification requirements for authorized and ordered departures
added
(a)
added
Departures report—
(1)
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees listing every instance of an authorized or ordered departure during the 5-year period preceding the date of the enactment of this Act.
(2)
added
Contents— The Secretary shall include in the report required under paragraph (1)—
(A)
added
the name of the post and the date of the approval of the authorized or ordered departure;
(B)
added
the basis for the authorized or ordered departure; and
(C)
added
the number of chief of mission personnel that departed, categorized by agency, as well as their eligible family members, if available.
(b)
added
Congressional notification requirement— Any instance of an authorized or ordered departure shall be notified to appropriate committees not later than 3 days after the Secretary authorized an authorized or ordered departure. The details in the notification shall include—
(1)
added
the information described in subsection (a)(2);
(2)
added
the mode of travel for chief of mission personnel who departed;
(3)
added
the estimated cost of the authorized or ordered departure, including travel and per diem costs; and
(4)
added
the destination of all departed personnel and changes to their work activities due to the departure.
(c)
added
Termination— This requirements under this section shall terminate on the date that is 5 years after the date of the enactment of this Act.
Sec. 5204
Strengthening enterprise governance
added
(1)
added
Organization— The Chief Information Officer and the Chief Data and Artificial Intelligence Officer of the Department of State should report directly to the Deputy Secretary of State for Management and Resources or, in the event such position is vacant, to the Deputy Secretary of State.
(2)
added
Adjudication of unresolved budget and management decisions— Adjudication of unresolved budget and management decisions should be made by the Deputy Secretary of State for Management and Resources in consultation, as appropriate, with the Deputy Secretary of State.
Sec. 5205
Establishing and expanding the Regional China Officer program
added
(1)
added
In general— There is authorized to be established at the Department a Regional China Officer (RCO) program to support regional posts and officers with reporting, information, and policy tools, and to enhance expertise related to strategic competition with the People's Republic of China. RCOs shall, to the greatest extent possible, have appropriate fluency.
(2)
added
Authorization— There is authorized to be appropriated to the Secretary $5,000,000 for each of fiscal years 2026 through 2029 to the Department of State to expand the RCO program, including for—
(A)
added
the hiring of locally employed staff to support Regional China Officers serving abroad; and
(B)
added
the establishment of full-time equivalent positions to assist in managing and facilitating the RCO program.
(3)
added
Program funds— There is authorized to be appropriated $50,000 for each of fiscal years 2026 through 2029 for each Regional China Officer to support programs and public diplomacy activities of the Regional China Officer.
Sec. 5206
Report on China's diplomatic posts
added
(a)
added
In general— The Secretary of State shall submit to appropriate committees of Congress a report on the diplomatic presence of the People’s Republic of China worldwide, including—
(1)
added
the number of diplomatic posts currently maintained by People’s Republic of China in each country; and
(2)
added
the estimated number of diplomatic personnel stationed abroad.
(b)
added
Definitions— In this section:
(1)
added
Appropriate committees of Congress— The term appropriate committees of Congress means—
(A)
added
the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and
(B)
added
the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives.
(2)
added
Consular or diplomatic post— The term consular or diplomatic post does not include a post to which only personnel of agencies other than the Department of State are assigned.
Sec. 5207
Notification of intent to reduce personnel at covered diplomatic posts
added
(a)
added
In general— Except as provided in subsection (b), not later than 30 days before the date on which the Secretary of State carries out a reduction in United States Foreign Service personnel of at least 10 percent at a covered diplomatic post, the Secretary shall submit to the appropriate Congressional committees a notification of the intent to carry out such a reduction, which shall include a certification by the Secretary that such reduction will not negatively impact the ability of the United States to compete with the People’s Republic of China or the Russian Federation.
(b)
added
Exception— Subsection (a) shall not apply in the case of a security risk to personnel at a covered diplomatic post.
(c)
added
Covered diplomatic post defined— In this section, the term covered diplomatic post means a United States diplomatic post in a country in which the People’s Republic of China or the Russian Federation also have a diplomatic post.
Sec. 5208
Foreign affairs manual changes
added
added
Section 5318(c)(1) of the Department of State Authorization Act of 2021 (22 U.S.C. 2658a) is amended by striking “5 years” and inserting “8 years”.
Sec. 5301
Supporting Department of State data analytics
added
added
There is authorized to be appropriated $3,000,000 to the Secretary for fiscal year 2026 to carry out the “Bureau Chief Data Officer Program”.
Sec. 5302
Post Data Pilot Program
added
(a)
added
Post Data and AI Pilot Program—
(1)
added
Establishment— The Secretary is authorized to establish a program, which shall be known as the “Post Data Program” (referred to in this section as the “Program”), overseen by the Department’s Chief Data and Artificial Intelligence Officer.
(2)
added
Goals— The goals of the Program shall include the following:
(A)
added
Cultivating a data and artificial intelligence culture at diplomatic posts globally, including data fluency and data collaboration.
(B)
added
Promoting data integration with Department of State Headquarters.
(C)
added
Creating operational efficiencies, supporting innovation, and enhancing mission impact.
(b)
added
Implementation plan—
(1)
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress an implementation plan that outlines strategies for—
(A)
added
advancing the goals described in subsection (a)(2);
(B)
added
hiring data and artificial intelligence officers at United States diplomatic posts; and
(C)
added
allocation of necessary resources to sustain the Program.
(2)
added
Annual reporting requirement— Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 3 years, the Secretary shall submit a report to the appropriate committees of Congress regarding the status of the implementation plan required under paragraph (1).
(c)
added
Appropriate committees of congress defined— In this section, the term appropriate committees of Congress means—
(1)
added
the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and
(2)
added
the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.
Sec. 5303
Authorization to use commercial cloud enclaves overseas
added
(a)
added
In general— Not later than 180 days after the date of the enactment of this Act, the Department of State shall issue internal guidelines that authorize and track the use of enclaves deployed in overseas commercial cloud regions for OCONUS systems categorized at the Federal Information Security Modernization Act (FISMA) high baseline.
(b)
added
Consistency with Federal cybersecurity regulations— The enclave deployments shall be consistent with existing Federal cybersecurity regulations as well as best practices established across National Institute of Standards and Technology standards and ISO 27000 security controls.
(c)
added
Briefing— Not later than 90 days after the enactment of the Act, and before issuing the new internal guidelines required under subsection (a), the Secretary shall brief the appropriate committees of Congress on the proposed new guidelines, including—
(1)
added
relevant risk assessments; and
(2)
added
any security challenges regarding implementation.
(d)
added
Appropriate committees of Congress defined— In this section, the term appropriate committees of Congress means—
(1)
added
the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate;
(2)
added
and the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives.
Sec. 5304
Reports on technology transformation projects at the Department of State
added
(a)
added
Definitions— In this section:
(1)
added
Appropriate committees of Congress— The term appropriate committees of Congress 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
Technology— The term technology includes—
(A)
added
artificial intelligence and machine learning systems;
(B)
added
cybersecurity modernization tools or platforms;
(C)
added
cloud computing services and infrastructure;
(D)
added
enterprise data platforms and analytics tools;
(E)
added
customer experience platforms for public-facing services; and
(F)
added
internal workflow automation or modernization systems.
(3)
added
Technology transformation project—
(A)
added
In general— The term technology transformation project means any new or significantly modified technology deployed by the Department with the purpose of improving diplomatic, consular, administrative, or security operations.
(B)
added
Exclusions— The term technology transformation project does not include a routine software update or version upgrade, a security patch or maintenance of an existing system, a minor configuration change, a business-as-usual information technology operation, a support activity, or a project that costs less than $1,000,000.
(1)
added
In general— Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 5 years, the Secretary shall submit to the appropriate committees of Congress a report on all technology transformation projects completed during the preceding two fiscal years.
(2)
added
Elements— Each report required by paragraph (1) shall include the following elements:
(A)
added
For each project, the following:
(i)
added
A summary of the objective, scope, and operational context of the project.
(ii)
added
An identification of the primary technologies and vendors used, including artificial intelligence models, cloud providers, cybersecurity platforms, and major software components.
(iii)
added
A report on baseline and post-implementation performance and adoption metrics for the project, including (if applicable) with respect to—
(I)
added
operational efficiency, such as reductions in processing time, staff hours, or error rates;
(II)
added
user impact, such as improvements in end-user satisfaction scores and reliability;
(III)
added
security posture, such as enhancements in threat detection, incident response time;
(IV)
added
cost performance, including budgeted costs versus actual costs and projected cost savings or cost avoidance;
(V)
added
interoperability and integration, including level of integration achieved with existing systems of the Department of State;
(VI)
added
artificial intelligence (if applicable); and
(VII)
added
adoption, including, if applicable—
(aa)
added
an estimate of the percentage of eligible end-users actively using the system within the first 3, 6, and 12 months of deployment;
(bb)
added
the proportion of staff trained to use the system;
(cc)
added
the frequency and duration of use, disaggregated by bureau or geographic region if relevant;
(dd)
added
summarized user feedback, including pain points and satisfaction ratings; and
(ee)
added
a description of the status of deprecation or reduction in use of legacy systems, if applicable.
(iv)
added
A description of key challenges encountered during implementation and any mitigation strategies employed.
(v)
added
A summary of contracting or acquisition strategies used, including information on how the vendor or development team supported change management and adoption, including user testing, stakeholder engagement, and phased rollout.
(B)
added
For any project where adoption metrics fell below 50 percent of estimated usage within 6 months of launch:
(i)
added
A remediation plan with specific steps to improve adoption, including retraining, user experience improvements, or outreach.
(ii)
added
An assessment of whether rollout should be paused or modified.
(iii)
added
Any plans for iterative development based on feedback from employees.
(3)
added
Public summary— Not later than 60 days after submitting a report required by paragraph (1) to the appropriate committees of Congress, the Secretary of State shall publish an unclassified summary of the report on the publicly accessible website of the Department of State, consistent with national security interests.
(c)
added
Government accountability office evaluation— Not later than 18 months after the date of the enactment of this Act, and biennially thereafter, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report—
(A)
added
the extent to which the Department has implemented and reported on technology transformation projects in accordance with the requirements under this section;
(B)
added
the effectiveness and reliability of the Department’s performance and adoption metrics for such projects;
(C)
added
whether such projects have met intended goals related to operational efficiency, security, cost-effectiveness, user adoption, and modernization of legacy systems; and
(D)
added
the adequacy of oversight mechanisms in place to ensure the responsible deployment of artificial intelligence and other emerging technologies; and
(2)
added
including any recommendations to improve the Department’s management, implementation, or evaluation of technology transformation efforts.
Sec. 5305
Commercial spyware
added
(a)
added
Sense of Congress— It is the sense of Congress that—
(1)
added
there is a national security need for the legitimate and responsible procurement and application of cyber intrusion capabilities, including efforts related to counterterrorism, counternarcotics, and countertrafficking;
(2)
added
the growing commercial market for sophisticated cyber intrusion capabilities has enhanced state and non-state actors’ abilities to target and track for nefarious purposes individuals, such as journalists, human rights defenders, members of civil society groups, members of ethnic or religious minority groups, and others for exercising their human rights and fundamental freedoms, or the family members of these targeted individuals;
(3)
added
the proliferation of commercial spyware presents significant and growing risks to United States national security, including to the safety and security of United States Government personnel; and
(4)
added
ease of access into and lack of transparency in the commercial spyware market raises the probability of spreading potentially destructive or disruptive cyber capabilities to a wider range of malicious actors.
(b)
added
Statement of policy— It is the policy of the United States—
(1)
added
to oppose the misuse of commercial spyware to target individuals, including journalists, defenders of internationally recognized human rights, and members of civil society groups, members of ethnic or religious minority groups, and others for exercising their internationally recognized human rights and fundamental freedoms, or the family members of these targeted individuals;
(2)
added
to coordinate with allies and partners to prevent the export of commercial spyware tools to end-users likely to use them for malicious activities;
(3)
added
to maintain robust information-sharing with trusted allies and partners on commercial spyware proliferation and misuse, including to better identify and track these tools; and
(4)
added
to work with private industry to identify and counter the abuse and misuse of commercial spyware technology; and
(5)
added
to work with allies and partners to establish robust guardrails to ensure that the use of commercial spyware tools are consistent with respect for internationally recognized human rights, and the rule of law.
Sec. 5306
Review of science and technology agreement with the People’s Republic of China
added
(a)
added
Security review— Not later than 90 days after the date of the enactment of this Act, the Secretary, in coordination with relevant Federal science agencies and the intelligence community, shall conduct a security review of the United States-China Science and Technology Cooperation Agreement (STA). The review shall include the following elements:
(1)
added
An assessment of the potential risks of maintaining the STA, including the transfer under such agreement of technology or intellectual property capable of harming the national security interests of the United States.
(2)
added
An assessment of the Secretary of State’s ability to monitor compliance of the People’s Republic of China’s commitments established under the STA.
(3)
added
An evaluation of the benefits of the STA agreement to the economy, military, and industrial base of the People’s Republic of China and the United States.
(4)
added
An evaluation of the value of the information and data the United States Government receives under the STA related to the People’s Republic of China that the United States otherwise would not have access to should it withdraw its participation in the STA.
(b)
added
Report— Not later than 30 days after completion of the review of the STA required in subsection (a), the Secretary shall submit to the appropriate committees of Congress a report detailing the findings of the review. The report shall be submitted in unclassified form, but may include a classified annex.
(c)
added
Certification— Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall certify to the appropriate committees of Congress whether it is in the national security interest of the United States to maintain its participation in the STA through its current duration.
(d)
added
Guidance— If Secretary certifies that it is no longer in the national security interest of the United States to maintain its participation in the STA, the Secretary shall, not later than 90 days after submitting the certification, and in coordination with the heads of relevant Federal agencies, promulgate guidance on United States Federal agency interactions with counterpart agencies in the People’s Republic of China.
(e)
added
Definitions— In this section:
(1)
added
Appropriate committees of Congress— The term appropriate committees of Congress means—
(A)
added
the Committee on Foreign Relations, the Committee on Commerce, Science of Technology, and the Committee on Judiciary of the Senate; and
(B)
added
the Committee on Foreign Affairs, the Committee on Energy and Commerce, and the Committee on Judiciary of the House of Representatives.
(2)
added
Intelligence community— The term intelligence community has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
(3)
added
STA— The term STA means the Agreement between the Government of the United States of America and the Government of the People’s Republic of China on Cooperation in Science and Technology, signed at Washington January 31, 1979, its protocols, and any implementing agreements entered into pursuant to such Agreement on or before the date of the enactment of this Act.
Sec. 5401
Foreign information manipulation and interference strategy
added
(a)
added
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary, in consultation with other relevant agencies, shall submit to the appropriate committees of Congress a comprehensive strategy to combat foreign information manipulation and interference, which shall be carried out by the Department.
(b)
added
Elements— The strategy required under subsection (a) shall include the following elements:
(1)
added
Conducting analysis of foreign state and non-state actors’ foreign malign influence narratives, tactics, and techniques, including those originating from United States nation-state adversaries, including the Russian Federation, the People’s Republic of China, North Korea, and Iran.
(2)
added
Working together with allies and partners to expose and counter foreign malign influence narratives, tactics, and techniques, including those originating in the Russian Federation, the People’s Republic of China, North Korea, and Iran.
(3)
added
Supporting non-state actors abroad, including independent media and civil society groups, which are working to expose and counter foreign malign influence narratives, tactics, and techniques, including those originating in the Russian Federation, the People’s Republic of China, North Korea, or Iran.
(4)
added
Coordinating efforts to expose and counter foreign information manipulation and interference across Federal departments and agencies.
(5)
added
Protecting the First Amendment rights of United States citizens.
(6)
added
Creating guardrails to ensure the Department of State does not provide grants to organizations engaging in partisan political activity in the United States.
(c)
added
Coordination— The strategy required under subsection (a) shall be led and implemented by the Under Secretary for Public Diplomacy and Public Affairs in coordination with relevant bureaus and offices at the Department of State.
(d)
added
Report— Not later than 30 days after the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report that includes—
(1)
added
actions the Department has taken to preserve the institutional capability to counter foreign nation-state influence operations from the People's Republic of China, Iran, and the Russian Federation since the termination of the Counter Foreign Information Manipulation and Interference (R/FIMI) hub;
(2)
added
a list of active and cancelled Countering PRC Influence Fund (CPIF) and Countering Russian Influence Fund (CRIF) projects since January 21, 2025;
(3)
added
actions the Department has taken to improve Department grantmaking processes related to countering foreign influence operations from nation-state adversaries; and
(4)
added
an assessment of recent foreign adversarial information operations and narratives related to United States foreign policy since January 21, 2025, from the People’s Republic of China, Iran, and the Russian Federation.
(e)
added
Appropriate committees of congress defined— In this section, the term appropriate committees of Congress means—
(1)
added
the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and
(2)
added
the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.
Sec. 5402
Lifting the prohibition on use of Federal funds for World's Fair pavilions and exhibits
added
added
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) is hereby repealed.
Sec. 5501
Report concerning Department of State consular officers joining Coast Guard and Navy missions to Pacific island countries
added
(a)
added
Sense of Congress— It is the sense of Congress that—
(1)
added
Pacific island countries, especially, but not limited to, the Freely Associated States, include close United States partners located across highly strategic waters critical for United States national security; and
(2)
added
it is in the national security interests of the United States to maintain and strengthen relations with the governments and the citizens of Pacific island countries.
(1)
added
In general— Not later than 120 days after the date of the enactment of this Act, the Secretary, in coordination with the Commandant of the United States Coast Guard, the Commander of United States Indo-Pacific Command, and the Chief of Naval Operations, shall submit to the appropriate committees of Congress a report analyzing the feasibility of attaching Department of State consular officers to Coast Guard and Navy missions in the Pacific Island countries.
(2)
added
Elements— The report required under paragraph (1) shall include—
(A)
added
an assessment of the current demand for consular services from citizens of Pacific Island countries and challenges that these citizens face in obtaining services;
(B)
added
an assessment of the approximate value, including in time and resources saved, such an initiative could save citizens of Pacific Island countries that do not host United States embassies to have their United States visas adjudicated or to receive other services;
(C)
added
an assessment of the cost for the Department of State, United States Coast Guard, United States Indo-Pacific Command, and United States Navy, including potential alternative cost-effective options and recommendations for providing consular services to Pacific Island countries;
(D)
added
an assessment of the frequency and duration of United States Coast Guard and United States Navy deployments to Pacific Island countries, including—
(i)
added
deployment frequency measured against desired number of visits;
(ii)
added
amount of time typically spent in port for such visits; and
(iii)
added
disruption to planned United States Coast Guard and United States Navy missions in order to visit locations needing consular assistance; and
(E)
added
an evaluation of the logistical issues to be addressed including, including—
(i)
added
analysis of spacing requirements to host Department of State personnel and equipment aboard United States Coast Guard and United States Navy vessels;
(ii)
added
analysis of the information technology and connectivity requirements to conduct consular affairs activities;
(iii)
added
the feasibility of printing visas aboard United States Coast Guard and United States Navy vessels;
(iv)
added
maintaining physical security of consular officers and relevant adjudication equipment, including computer systems and visa foils, during such missions;
(v)
added
impacts to United States Coast Guard and United States Navy vessels’ operations and security; and
(vi)
added
the estimated amount of time that consular officers would spend on board United States Coast Guard and United States Navy vessels between visits to Pacific Island countries.
(3)
added
Appropriate committees of Congress defined— In this subsection, the term appropriate committees of Congress means—
(A)
added
the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, and the Committee on Judiciary of the Senate; and
(B)
added
the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Armed Services, the Committee on Energy and Commerce, and the Committee on Judiciary of the House of Representatives.
Sec. 5502
Report on security conditions in Damascus, Syria, required for the reopening of the United States diplomatic mission
added
(a)
added
Findings— Congress makes the following findings:
(1)
added
The United States has a national security interest in a stable Syria free from the malign influence of Russia and Iran, and which cannot be used by terrorist organizations to launch attacks against the United States or United States allies or partners in the region.
(2)
added
Permissive security conditions are necessary for the reopening of any diplomatic mission.
(b)
added
Report to Congress—
(1)
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the relevant Federal agencies, shall submit to the appropriate committees of Congress a report describing the Syrian government’s progress towards meeting the security related benchmarks described in paragraph (2).
(2)
added
Elements— The report required under paragraph (1) shall include the following elements:
(A)
added
An assessment of the Syrian government’s progress on counterterrorism especially as it relates to United States designated terrorist organizations that threaten to attack the United States or our allies and partners.
(B)
added
An assessment of the security environment of the potential sites for a future building of the United States Embassy in Damascus and the conditions necessary for resuming embassy operations in Damascus.
(C)
added
An analysis of the Syrian government’s progress in identifying and destroying any remnants of the Assad regime’s chemical weapons program, including any stockpiles, production facilities, or related sites.
(D)
added
An assessment of the Syrian government’s destruction of the Assad regime’s captagon and other illicit drug stockpiles, to include infrastructure.
(E)
added
An assessment of the Syrian government’s relationship with the Russian Federation and the Islamic Republic of Iran, to include access, basing, overflight, economic relationships, and impacts on United States national security objectives.
(F)
added
A description of the Syrian government’s cooperation with the United States to locate and repatriate United States citizens.
(c)
added
Appropriate committees of Congress defined— In this section, the term appropriate committees of Congress means—
(1)
added
the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate;
(2)
added
and the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives.
Sec. 5503
Embassies, consulates, and other diplomatic installations return to standards report
added
(a)
added
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that includes the impacts of the Bureau of Diplomatic Security’s initiative known as “Return to Standards” on the security needs of United States embassies, consulates, and other diplomatic installations outside the United States.
(b)
added
Elements— The report required under subsection (a) shall describe the impacts of the Return to Standards initiative and other reductions in staffing and resources from the beginning of the initiative to the date of enactment of this Act for all embassies, consulates, and other overseas diplomatic installations, including detailed descriptions and explanations of all reductions of personnel or other resources, including their effects on—
(1)
added
securing facilities and perimeters;
(2)
added
transporting United States personnel into the foreign country; and
(3)
added
executing any other relevant operations for which they are responsible.
(c)
added
Appropriate committees of Congress defined— In this section, the term appropriate committees of Congress means—
(1)
added
the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate;
(2)
added
and the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives.
Sec. 5504
Visa operations report
added
(a)
added
In general— Not later than 90 days after the date of the enactment of the Act, the Secretary shall submit to the appropriate committees of Congress a report on visa backlogs.
(b)
added
Elements— The report required under subsection (a) shall address—
(1)
added
the status of visa backlogs and wait times, including internal and external recommendations to streamline and improve consular processes, as required by the joint exploratory statement for the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2024 (division F of Public Law 118–47), including the rationale and justification for the implementation of each such recommendation;
(2)
added
the impact of reductions in force on improvement of the overall efficiency of consular operations, processing time, and customer experience for applicants;
(3)
added
the extent to which non-consular Department personnel have been used to improve the overall efficiency of consular operations, processing time, and customer experience for applicants during periods of high demand;
(4)
added
the viability of temporarily assigning non-consular Department personnel during periods of high demand; and
(5)
added
in consultation with any other appropriate Department, an evaluation of the impact of the visa backlogs on the United States tourism industry and recommendations for how to remediate those impacts.
(c)
added
Appropriate committees of Congress defined— In this subsection, the term appropriate committees of Congress means—
(1)
added
the Committee on Foreign Relations and the Committee on Judiciary of the Senate; and
(2)
added
the Committee on Foreign Affairs and the Committee on Judiciary of the House of Representatives.
Sec. 5505
Reauthorization of overtime pay for protective services
added
added
Section 6232(g) of the Department of State Authorization Act of 2023 (division F of Public Law 118–31; 5 U.S.C. 5547 note) is amended by striking “2025” and inserting “2027”.
Sec. 5551
Submission of federally funded research and development center reports to Congress
added
added
Not later than 30 days after receiving a report or other written product provided to the Department by federally funded research and development centers (FFRDCs) and consultant groups that were supported by funds congressionally appropriated to the Department, the Secretary shall provide the appropriate committees the report or written product, including the original proposal for the report, the amount provided by the Department to the FFRDC, and a detailed description of the value the Department derived from the report.
Sec. 5552
Quarterly report on diplomatic pouch access
added
added
Not later than 30 days after the date of the enactment of this Act, and every 90 days thereafter for the next 3 years, the Secretary shall submit a report to the appropriate congressional committees that describes—
(1)
added
a list of every overseas United States diplomatic post where diplomatic pouch access is restricted or limited by the host government;
(2)
added
an explanation as to why, in each instance where an overseas United States diplomatic post is restricted or limited by the host government, the host government has failed to do so; and
(3)
added
a detailed explanation outlining the steps the Department is taking to gain diplomatic pouch access in each instance where such access has been restricted or limited by the host government.
Sec. 5553
Report on utility of instituting a processing fee for ITAR license applications
added
added
Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on the feasibility and effect of establishing an export licensing fee system for the commercial export of defense items and services to partially or fully finance the licensing costs of the Department, if permitted by statute. The report should consider whether and to what degree such an export license application fee system would be preferable to relying solely on the existing registration fee system and the feasibility of a tiered system of fees, considering such options as volume per applicant over time and discounted fees for small businesses.
Sec. 5554
HAVANA Act payment fix
added
added
Section 901 of title IX of division J of the Further Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b) is amended—
(1)
added
by striking “January 1, 2016” each place it appears and inserting “September 11, 2001”; and
(2)
added
in subsection (e)(1), in the matter preceding subparagraph (A), by striking “of a” and inserting “of an”.
(3)
added
in subsection (h), by adding at the end the following new paragraph:
added
“(4) Limitations
added
“(A) Appropriations required—Payments under subsections (a) and (b) in a fiscal year may only be made using amounts appropriated in advance specifically for payments under such paragraph in such fiscal year.
added
“(B) Matter of payments—Payments under subsections (a) and (b) using amounts appropriated for such purpose shall be made on a first come, first serve, or pro rata basis.
added
“(C) Amounts of payments—The total amount of funding obligated for payments under subsections (a) and (b) may not exceed the amount specifically appropriated for providing payments under such paragraph during its period of availability.”
Sec. 5555
Establishing an inner Mongolia section within the United States embassy in Beijing
added
(a)
added
Inner mongolia section in united states embassy in beijing, china—
(1)
added
In general— The Secretary should consider establishing an Inner Mongolian team within the United States Embassy in Beijing, China, to follow political, economic, and social developments in the Inner Mongolia Autonomous Region and other areas designated by the People’s Republic of China as autonomous for Mongolians, with due consideration given to hiring Southern Mongolians as Locally Employed Staff.
(2)
added
Responsibilities— Responsibilities of a team devoted to Inner Mongolia should include reporting on internationally recognized human rights issues, monitoring developments in critical minerals mining, environmental degradation, and PRC space capabilities, and access to areas designated as autonomous for Mongolians by United States Government officials, journalists, nongovernmental organizations, and the Southern Mongolian diaspora.
(3)
added
Language requirements— The Secretary should ensure that the Department of State has sufficient proficiency in Mongolian language in order to carry out paragraph (1), and that the United States Embassy in Beijing, China, has sufficient resources to hire Local Employed Staff proficient in the Mongolian language, as appropriate.
(b)
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 on the staffing described in subsection (a).
Sec. 5556
Report on United States Mission Australia staffing
added
(a)
added
Sense of Congress— It is the sense of Congress that—
(1)
added
Australia is one of the closest allies of the United States and integral to United States national security interests in the Indo-Pacific;
(2)
added
the United States-Australia alliance has seen tremendous growth, including through AUKUS, as part of which, the United States plans to rotate up to four Virginia-class attack submarines out of the Australian port of Perth by 2027; and
(3)
added
current United States staffing and facilities across United States Mission Australia do not appear adequately resourced to support an expanding mission set and are no longer commensurate with strategic developments, as the United States will need to station many more United States civilian and military personnel in western Australia to support the maintenance and supply of these vessels.
(1)
added
In general— Not later than 90 days after the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report regarding staffing and facility requirements at United States Mission Australia.
(2)
added
Contents— The report required under paragraph (1) shall include—
(A)
added
an assessment of how many United States civilian and military personnel and their dependents the Department of State expects in the Perth area and across Australia in the next two years;
(B)
added
an assessment of what requirements those United States personnel will have, including housing, schooling, and office space;
(C)
added
a description of how many United States personnel are currently working in the United States Consulate in Perth and their roles;
(D)
added
information regarding the Department of State’s actions to transfer United States personnel from elsewhere within Mission Australia to increase staffing in Perth and the tradeoffs of such personnel moves;
(E)
added
a status update on the interagency process begun in 2024 to assess the needs of Mission Australia;
(F)
added
an assessment of the impact of the Department of State reorganization and workforce reduction on the staffing contemplated by that process; and
(G)
added
an estimated total cost of expanding Perth staffing to sufficiently serve the increased presence of United States personnel in the area and to achieve any other United States foreign policy objectives.
(c)
added
Appropriate committees of congress defined— In this section, the term appropriate committees of Congress means—
(1)
added
the Committee on Foreign Relations of the Senate;
(2)
added
the Committee on Armed Services of the Senate;
(3)
added
the Committee on Appropriations of the Senate;
(4)
added
the Committee on Foreign Affairs of the House of Representatives;
(5)
added
the Committee on Armed Services of the House of Representatives; and
(6)
added
the Committee on Appropriations of the House of Representatives.
Sec. 5557
Facilitating regulatory exchanges with allies and partners
added
(a)
added
In general— The Secretary, in coordination with the heads of other relevant Federal departments and agencies, should establish and develop a voluntary program to facilitate and encourage regular dialogues between interested United States Government regulatory and technical agencies and their counterpart organizations in allied and partner countries, both bilaterally and in relevant multilateral institutions and organizations—
(1)
added
to promote best practices in regulatory formation and implementation;
(2)
added
to collaborate to achieve optimal regulatory outcomes based on scientific, technical, and other relevant principles;
(3)
added
to seek better harmonization and alignment of regulations and regulatory practices; and
(4)
added
to build consensus around industry and technical standards in emerging sectors that will drive future global economic growth and commerce.
(b)
added
Prioritization of activities— In facilitating expert exchanges under subsection (a), the Secretary should prioritize—
(1)
added
bilateral coordination and collaboration with countries where greater regulatory coherence, harmonization of standards, or communication and dialogue between technical agencies is achievable and best advances the economic and national security interests of the United States;
(2)
added
multilateral coordination and collaboration where greater regulatory coherence, harmonization of standards, or dialogue on other relevant regulatory matters is achievable and best advances the economic and national security interests of the United States, including with the members of—
(A)
added
the European Union;
(B)
added
the Asia-Pacific Economic Cooperation;
(C)
added
the Association of Southeast Asian Nations (ASEAN);
(D)
added
the Organization for Economic Cooperation and Development (OECD);
(E)
added
the Pacific Alliance; and
(F)
added
multilateral development banks; and
(3)
added
regulatory practices and standards-setting bodies focused on key economic sectors and emerging technologies.
(c)
added
Participation by nongovernmental entities— With regard to the program described in subsection (a), the Secretary may facilitate the participation of relevant organizations and individuals with relevant expertise, as appropriate and to the extent that such participation advances the goals of such program.
(d)
added
Rule of Construction— The authorities provided by this section are intended solely to provide United States embassy and related Department support for dialogues which may occur outside the United States, on a strictly voluntary basis and as agreed to by the relevant United States Federal department or agency with their foreign counterparts, and are not intended to obligate in any way the participation of any other Federal department or agency in such dialogues.
Sec. 5558
Pilot program to audit barriers to commerce in developing partner countries
added
(a)
added
Establishment— The Secretary, in coordination with relevant Federal departments and agencies as determined by the Secretary, is authorized to establish a pilot program—
(1)
added
to identify and evaluate barriers to commerce in developing countries that are allies and partners of the United States; and
(2)
added
to provide assistance to promote economic development and commerce to those countries.
(b)
added
Purposes— Under the pilot program established under subsection (a), the Secretary shall, in partnership with the countries selected under subsection (c)(1)—
(1)
added
seek to identify possible barriers in those countries that limit international commerce with the goal of setting priorities for the efficient use of United States economic assistance;
(2)
added
focus relevant United States economic assistance on building self-sustaining institutional capacity for expanding commerce with those countries, consistent with their international obligations and commitments; and
(3)
added
further the national interests of the United States by—
(A)
added
expanding prosperity through the elimination of foreign barriers to commercial exchange;
(B)
added
assisting such countries to identify and reduce commercial restrictions, including through the deployment of targeted foreign assistance, as appropriate, to increase international commerce and investment;
(C)
added
assisting each selected country in undertaking reforms that will promote economic growth, and promote conditions favorable for business and commercial development and job growth in the country; and
(D)
added
assisting, as appropriate, private sector entities in those countries to engage in reform efforts and enhance productive global supply chain partnerships with the United States and allies and partners of the United States.
(c)
added
Selection of countries—
(1)
added
In general— The Secretary shall select countries for participation in the pilot program established under subsection (a) from among developing countries—
(A)
added
that are allies and partners of the United States;
(B)
added
the governments of which have clearly demonstrated a willingness to make appropriate legal, policy, and regulatory reforms that may stimulate economic growth and job creation, consistent with international trade rules and practices; and
(C)
added
that meet such additional criteria as may be established by the Secretary, in consultation with, as appropriate, the heads of other Federal departments and agencies as determined by the Secretary.
(2)
added
Considerations for additional criteria— In establishing additional criteria under paragraph (1)(C), the Secretary shall—
(A)
added
identify and address structural weaknesses, systemic flaws, or other impediments within countries that may be considered for participation in the pilot program under subsection (a) that impact the effectiveness of United States assistance to and make recommendations for addressing those weaknesses, flaws, and impediments;
(B)
added
set priorities for commercial development assistance that focus resources on countries where the provision of such assistance can deliver the best value in identifying and eliminating commercial barriers; and
(C)
added
developing appropriate performance measures and establishing annual targets to monitor and assess progress toward achieving those targets, including measures to be used to terminate the provision of assistance determined to be ineffective.
(3)
added
Number and deadline for selections—
(A)
added
In general— Not later than 270 days after the date of the enactment of this Act, and annually thereafter for 3 years, the Secretary should select countries for participation in the pilot program.
(B)
added
Number— The Secretary should select for participation in the pilot program under subsection (a) not fewer than 3 countries during the 1-year period beginning on the date of the enactment of this Act.
(4)
added
Prioritization based on recommendations from chiefs of mission— In selecting countries under paragraph (1) for participation in the pilot program under subsection (a), the Secretary shall prioritize—
(A)
added
countries recommended by chiefs of mission—
(i)
added
that will be able to substantially benefit from expanded commercial development assistance; and
(ii)
added
the governments of which have demonstrated the political will to effectively and sustainably implement such assistance; or
(B)
added
groups of countries, including groups of geographically contiguous countries, including as recommended by chiefs of mission, that meet the criteria under subparagraph (A) and as a result of expanded United States commercial development assistance, will contribute to greater intra-regional commerce or regional economic integration.
(d)
added
Plans of action—
(1)
added
In general— The Secretary shall lead in engaging relevant officials of each country selected under subsection (c)(1) to participate in the pilot program under subsection (a) with respect to the development of a plan of action to identify and evaluate barriers to economic and commercial development that then informs United States assistance.
(2)
added
Analysis required— The development of a plan of action under paragraph (1) shall include a comprehensive analysis of relevant legal, policy, and regulatory constraints to economic and job growth in that country.
(3)
added
Elements— A plan of action developed under paragraph (1) for a country shall include the following:
(A)
added
Priorities for reform.
(B)
added
Clearly defined policy responses, including regulatory and legal reforms, as necessary, to achieve improvement in the business and commercial environment in the country.
(C)
added
Identification of the anticipated costs to establish and implement the plan.
(D)
added
Identification of appropriate sequencing and phasing of implementation of the plan to create cumulative benefits, as appropriate.
(E)
added
Identification of best practices and standards.
(F)
added
Considerations with respect to how to make the policy reform investments under the plan long-lasting.
(G)
added
Appropriate consultation with affected stakeholders in that country and in the United States.
(e)
added
Termination— The pilot program established under subsection (a) shall terminate on the date that is 8 years after the date of the enactment of this Act.
Sec. 5559
Strategy for promoting supply chain diversification
added
(a)
added
Strategy— The Secretary, in consultation with the Secretary of Commerce and the heads of other relevant Federal departments and agencies, as determined by the Secretary, shall develop, implement, and submit to the appropriate congressional committees a diplomatic strategy to support efforts to increase supply chain resiliency and security by promoting and strengthening efforts to incentivize the relocation of supply chains from the People’s Republic of China.
(b)
added
Elements— The strategy required under subsection (a) shall—
(1)
added
be informed by consultations with the governments of allies and partners of the United States;
(2)
added
provide a description of how supply chain diversification can be pursued in a complementary fashion to strengthen the national interests of the United States;
(3)
added
include an assessment of—
(A)
added
the status and effectiveness of current efforts by governments, multilateral development banks, and the private sector to attract investment by private entities who are seeking to diversify from reliance on the People's Republic of China;
(B)
added
major challenges hindering those efforts; and
(C)
added
how the United States can strengthen the effectiveness of those efforts;
(4)
added
identify United States allies and partners with comparative advantages for sourcing and manufacturing critical goods and countries with the greatest opportunities and alignment with United States values;
(5)
added
identify how activities by the International Trade Administration and other relevant Federal agencies, as determined by the Secretary, can effectively be leveraged to strengthen and promote supply chain diversification, including nearshoring to Latin America and the Caribbean as appropriate;
(6)
added
advance diplomatic initiatives to secure specific national commitments by governments in Latin America and the Caribbean to undertake efforts to create favorable conditions for nearshoring in the region, including commitments—
(A)
added
to develop formalized national strategies to attract investment from the United States ;
(B)
added
to address corruption and rule of law concerns;
(C)
added
to modernize digital and physical infrastructure of these nations;
(D)
added
to improve ease of doing business; and
(E)
added
to finance and incentivize nearshoring initiatives that transfer supply chains from the People's Republic of China to the nations of the Americas;
(7)
added
advance, in coordination with the National Institute of Standards and Technology, diplomatic initiatives towards mutually beneficial dialogues on standards and regulations; and
(8)
added
in coordination with the International Trade Administration, develop and implement assistance programs to finance, incentivize, or otherwise promote supply chain diversification in accordance with the assessments and identifications made pursuant to paragraphs (3), (4), and (5), including, at minimum, programs—
(A)
added
to help develop physical and digital infrastructure;
(B)
added
to promote transparency in procurement processes;
(C)
added
to provide technical assistance in implementing national nearshoring strategies;
(D)
added
to help mobilize private investment; and
(E)
added
to pursue commitments by private sector entities to relocate supply chains from the People's Republic of China.
(c)
added
Coordination with multilateral development banks— In implementing the strategy required under subsection (a), the Secretary of State and the heads of other relevant Federal departments and agencies, as determined by the Secretary, should, as appropriate, cooperate with the World Bank Group and the regional development banks through the Secretary of the Treasury.
(d)
added
Appropriate committees of Congress defined— In this subsection, the term appropriate committees of Congress means—
(1)
added
the Committee on Foreign Relations, the Committee on Commerce, Science, and Transportation, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and
(2)
added
the Committee on Foreign Affairs, the Committee on Energy and Commerce, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the of the House of Representatives.
Sec. 5560
Extensions
added
(a)
added
Support to enhance the capacity of International Monetary Fund members to evaluate the legal and financial terms of sovereign debt contracts— Title XVI of the International Financial Institutions Act (22 U.S.C. 262p et seq.) is amended in section 1630(c) by striking “5-year period” and inserting “10-year period”.
(b)
added
Inspector General annuitant waiver— The authorities provided under section 1015(b) of the Supplemental Appropriations Act, 2010 (Public Law 111–212; 124 Stat. 2332) shall remain in effect through September 30, 2031.
(c)
added
Extension of authorizations to support United States participation in international fairs and expos— Section 9601(b) of the Department of State Authorizations Act of 2022 (division I of Public Law 117–263; 136 6 Stat. 3909) is amended by striking “fiscal years 2023 and 2024” and inserting “fiscal years 2023, 2024, 2025, 2026, 2027, and 2028”.
Sec. 5561
Permitting for international bridges and land ports of entry
added
added
Section 6 of the International Bridge Act of 1972 (33 U.S.C. 535d) is amended—
(1)
added
in subsection (a)—
(A)
added
in paragraph (1)—
(i)
added
in the matter preceding subparagraph (A), by striking “December 31, 2024,” and inserting “December 31, 2035,”; and
(ii)
added
by striking subparagraphs (A), (B), and (C), and inserting the following:
added
“(A) An international bridge between the United States and Mexico.
added
“(B) An international bridge between the United States and Canada.
added
“(C) A port of entry on the international land border between the United States and Mexico.
added
“(D) A port of entry on the international land border between the United States and Canada.”
(B)
added
in paragraph (2)(A)(ii), by inserting “or land port of entry” after “international bridge”;
(2)
added
in subsection (b), by inserting “or land port of entry” after “international bridge”;
(3)
added
in subsection (c)(2), by inserting “or land port of entry” after “international bridge”; and
(4)
added
in subsection (f), by inserting “or land port of entry” after “international bridge” each place it appears.
Sec. 5562
Updating counterterrorism reports
added
added
Section 140(a) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(a)) is amended by striking “April 30” and inserting “October 31”.