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117-s-4514 | II 117th CONGRESS 2d Session S. 4514 IN THE SENATE OF THE UNITED STATES July 13, 2022 Mr. Young (for himself and Mr. Coons ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To grant certain authorities to the President to combat economic coercion by foreign adversaries, and for other purposes.
1. Short title This Act may be cited as the Countering Economic Coercion Act of 2022 . 2. Sense of Congress The following is the sense of Congress: (1) Foreign adversaries are increasingly using economic coercion to pressure, punish, and influence foreign trading partners. (2) Economic coercion causes economic harm to foreign trading partners and creates malign influence on the sovereign political actions of foreign trading partners. (3) Economic coercion of foreign trading partners has negative effects on the national security of the United States. (4) Economic coercion is often characterized by— (A) arbitrary and discriminatory actions that run counter to the rules-based international order; (B) capricious and non-transparent actions taken without due process afforded; (C) intimidation or threats of punitive actions; and (D) informal actions that take place without explicit government action. (5) Recent acts of economic coercion have included instances in which foreign adversaries have— (A) arbitrarily restricted transportation of exports from a foreign trading partner to the foreign adversary; (B) acted in a capricious and non-transparent manner to prevent or dissuade consumers from purchasing imports from a foreign trading partner; (C) enacted arbitrary technical barriers to trade in goods and services in response to political actions taken by a foreign trading partner; (D) arbitrarily restricted market access or otherwise limited the import of goods or services from a foreign trading partner; (E) arbitrarily restricted investment in or export of goods or services to a foreign trading partner; and (F) acted in a non-transparent manner to manipulate a private entity with the intent of causing economic harm to or influencing sovereign political actions of a foreign trading partner. (6) Existing mechanisms for trade dispute resolution and international arbitration are inadequate for responding to economic coercion in a timely and effective manner as foreign adversaries exploit plausible deniability and lengthy processes. (7) The United States should provide material support to foreign trading partners affected by economic coercion. (8) Responding to economic coercion will be most effective when the United States provides relief to affected foreign trading partners in coordination with allies and like-minded countries. (9) Such coordination will further demonstrate broad resolve against economic coercion. 3. Definitions In this Act: (1) Economic coercion The term economic coercion means actions, measures, or threats undertaken by a foreign adversary to restrain, obstruct, or manipulate trade, foreign aid, investment, or commerce in an arbitrary, capricious, or non-transparent manner with the intention to cause economic harm or influence sovereign political actions. (2) Export; Export Administration Regulations; in-country transfer; reexport The terms export , Export Administration Regulations , in-country transfer , and reexport have the meanings given those terms in section 1742 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 ). (3) Foreign adversary The term foreign adversary has the meaning given that term in section 8(c)(2) of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1607(c)(2) ). (4) Foreign trading partner The term foreign trading partner means a jurisdiction that is a trading partner of the United States. 4. Determination of economic coercion (a) In general If the President determines that a foreign trading partner is subject to economic coercion, the President may exercise any authority described in section 5(a) to support or assist the foreign trading partner in a manner proportionate to the economic coercion. (b) Information; hearings To inform any determination or exercise of authority under subsection (a), the President may— (1) consult with the Secretary of State, the Secretary of Commerce, the United States Trade Representative, and the heads of other Federal agencies, as the President considers appropriate; (2) seek information and advice from and consult with other relevant officers of the United States; and (3) afford other interested parties an opportunity to present relevant information and advice. (c) Consultation with Congress The President shall consult with Congress— (1) before exercising any authority under subsection (a); and (2) regularly for the duration of the exercise of such authority. (d) Notice Not later than 30 days after the date that the President determines that a foreign trading partner is subject to economic coercion or exercises any authority under subsection (a), the President shall publish in the Federal Register— (1) a notice of the determination or exercise of authority; and (2) a description of the circumstances that led to such determination or exercise of authority. 5. Authorities to assist foreign trading partners affected by economic coercion (a) In general The authorities described in this subsection are the following: (1) With respect to goods imported into the United States from a foreign trading partner subject to economic coercion by a foreign adversary— (A) the reduction or elimination of any duties; or (B) the modification of tariff-rate quotas. (2) Requesting appropriations for foreign aid to the foreign trading partner. (3) Expedited decisions with respect to the issuance of licenses for the export or reexport to, or in-country transfer in, the foreign trading partner of items subject to controls under the Export Administration Regulations, consistent with the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 et seq. ). (4) Expedited regulatory processes related to the importation of goods and services into the United States from the foreign trading partner. (5) Requesting the necessary authority and appropriations for sovereign loan guarantees to the foreign trading partner. (6) The waiver of policy requirements (other than policy requirements mandated by an Act of Congress) as necessary to facilitate the provision of financing to support exports to the foreign trading partner. (7) Requesting appropriations for loan loss reserves to facilitate the provision of financing to support United States exports to the foreign trading partner. (8) The exemption of financing provided to support United States exports to the foreign trading partner from section 8(g)(1) of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635g(g)(1) ). (b) Coordination with allies To broaden economic support for a foreign trading partner, the President shall endeavor to coordinate the exercise of the authorities described in subsection (a) with other foreign trading partners. 6. Revocation of determination (a) In general Any determination made by the President under section 4 shall be revoked on the earliest of— (1) the date that is 2 years after the date of such determination; (2) the date of the enactment of a joint resolution revoking the determination; or (3) the date on which the President issues a proclamation revoking the determination. (b) Termination of authorities Any authority described in section 5(a) exercised pursuant to a determination that has been revoked under subsection (a) shall cease to be exercised on the date of such revocation, except that such revocation shall not affect— (1) any action taken or proceeding pending not finally concluded or determined on such date; or (2) any rights or duties that matured or penalties that were incurred prior to such date. | https://www.govinfo.gov/content/pkg/BILLS-117s4514is/xml/BILLS-117s4514is.xml |
117-s-4515 | II 117th CONGRESS 2d Session S. 4515 IN THE SENATE OF THE UNITED STATES July 13, 2022 Mr. Cruz (for himself, Mrs. Blackburn , Mr. Hawley , Ms. Ernst , Mr. Lankford , Mr. Kennedy , Mr. Marshall , Mr. Inhofe , and Mrs. Hyde-Smith ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the Secretary of Energy to stipulate, as a condition on the sale at auction of any crude oil from the Strategic Petroleum Reserve, that the crude oil not be exported to certain countries, and for other purposes.
1. Short title This Act may be cited as the No Emergency Crude Oil for Foreign Adversaries Act . 2. Condition on auction of crude oil from the Strategic Petroleum Reserve (a) Definitions In this section: (1) Bidder The term bidder means an individual or entity bidding or intending to bid at an auction of crude oil from the Strategic Petroleum Reserve. (2) Secretary The term Secretary means the Secretary of Energy. (3) Strategic Petroleum Reserve The term Strategic Petroleum Reserve means the Strategic Petroleum Reserve established under part B of title I of the Energy Policy and Conservation Act ( 42 U.S.C. 6231 et seq. ). (b) Prohibition on export of SPR crude oil to certain countries (1) In general Notwithstanding any other provision of law, including section 161 of the Energy Policy and Conservation Act ( 42 U.S.C. 6241 ), and subject to paragraph (2), with respect to the drawdown and sale at auction of any crude oil from the Strategic Petroleum Reserve after the date of enactment of this Act, the Secretary shall require, as a condition of any such sale, that the crude oil not be exported to— (A) the People’s Republic of China; (B) the Russian Federation; (C) the Democratic People’s Republic of Korea; or (D) the Islamic Republic of Iran. (2) Waiver (A) In general On application by a bidder, the Secretary may waive, prior to the date of the applicable auction, the condition described in paragraph (1) with respect to the sale of crude oil to that bidder at that auction. (B) Requirement The Secretary may issue a waiver under subparagraph (A) only if the Secretary determines that the waiver is in the interest of the national security of the United States. (C) Applications (i) In general A bidder desiring a waiver under subparagraph (A) shall submit to the Secretary an application— (I) not later than the date that is 30 days before the date of the applicable auction; and (II) in such form and containing such information as the Secretary may require. (ii) Deadline for decision The Secretary shall determine whether to approve or deny an application submitted under clause (i) by the date that is 30 days after the date on which the application is submitted. (c) Report Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committees on Energy and Commerce and Natural Resources of the House of Representatives a report describing— (1) the route to destination and place of refinement of all crude oil sold at auction from the Strategic Petroleum Reserve since November 23, 2021; and (2) the ownership of the refinement facilities at which crude oil described in paragraph (1) was refined. | https://www.govinfo.gov/content/pkg/BILLS-117s4515is/xml/BILLS-117s4515is.xml |
117-s-4516 | II 117th CONGRESS 2d Session S. 4516 IN THE SENATE OF THE UNITED STATES July 13, 2022 Ms. Ernst (for herself, Mr. Peters , and Ms. Hassan ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require the Office of Federal Procurement Policy to develop governmentwide procurement policy and guidance to mitigate organizational conflict of interests relating to national security and foreign policy, and for other purposes.
1. Short title This Act may be cited as the Combating Obstructive National Security Underreporting of Legitimate Threats (CONSULT) Act of 2022 . 2. Findings Congress makes the following findings: (1) The Federal Government’s reliance on contractors for mission support services can create potential organizational conflicts of interest related to national security due to competing interests as a result of business relationships with foreign adversarial nations and entities. (2) It is imperative that contractors providing mission support services to the Federal Government related to the national security are not providing mission support services for foreign adversaries with regards to efforts that are counter to the national security and foreign policy interests of the United States, including for crimes against humanity declared by the Secretary of State. (3) Protecting against organizational conflicts of interest related to foreign adversarial nations and entities in Federal mission support services is essential to the national security and economic security of the United States. 3. Governmentwide procurement policy and guidance to mitigate organizational conflicts of interest relating to national security and foreign policy (a) Policy and guidance (1) In general Not later than one year after the date of the enactment of this Act, the Office of Federal Procurement Policy, in coordination with the heads of relevant agencies, including the Secretary of Defense, the Secretary of Commerce, the Secretary of Homeland Security, the Secretary of the Treasury, the Director of National Intelligence, the Attorney General, and the Secretary of State, shall develop governmentwide procurement policy and guidance to mitigate and eliminate organizational conflict of interests relating to contracts involving national security matters or foreign policy interests. (2) Elements The procurement policy and guidance developed under paragraph (1) shall include the following elements: (A) Updating guidance relating to organizational conflicts of interest with foreign entities and governments that are contrary to the national security or foreign policy interests of the United States. (B) Providing a definition of consulting contract , considering the definitions of advisory and assistance services and professional and consultant services provided under sections 2.101 and 31.205–33, respectively, of the Federal Acquisition Regulation. (C) Providing executive agencies with solicitation provisions and contract clauses that require offerors and contractors for Federal consulting contracts— (i) when submitting an offer, to disclose any beneficial ownership, active contracts, contracts held within the last five years, or any other information relevant to potential organizational conflicts of interest with respect to contracts described in paragraph (3); and (ii) while performing the resulting contract, to disclose information relevant to potential organizational conflicts of interest and to limit future work as necessary to address potential conflicts with respect to contracts described in paragraph (3). (D) Providing that organizational conflicts of interest found to be contrary to the national security or foreign policy interests of the United States may be grounds for denial of a contract, and failure to disclose such a potential conflict may be grounds for termination for cause, suspension, or debarment of a contractor. (3) Contracts described Contracts described in this paragraph are the following: (A) Contracts with any of the following entities: (i) The Government of the People's Republic of China. (ii) The Chinese Communist Party. (iii) Any Chinese state-owned entity. (iv) The People’s Liberation Army. (v) Any entity on the Non-SDN Chinese Military-Industrial Complex Companies List (NS–CMIC–List) maintained by the Office of Foreign Assets Control of the Department of the Treasury. (vi) Any Chinese military company identified by the Secretary of Defense pursuant to section 1237(b) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 ( Public Law 105–261 ; 50 U.S.C. 1701 note). (vii) The Government of the Russian Federation, any Russian state-owned entity, or any entity sanctioned by the Secretary of the Treasury under Executive Order 13662 ( Blocking Property of Additional Persons Contributing to the Situation in Ukraine ). (viii) The government or any state-owned entity of any country determined by the Secretary of State to be a state sponsor of terrorism under section 1754(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( 50 U.S.C. 4813(c) ), section 40 of the Arms Export Control Act ( 22 U.S.C. 2779A ), or section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ). (ix) Any entity included on any of the following lists maintained by the Department of Commerce: (I) The Entity List set forth in Supplement No. 4 to part 744 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations. (II) The Denied Persons List as described in section 764.3(a)(2) of the Export Administration Regulations. (III) The Unverified List set forth in Supplement No. 6 to part 744 of the Export Administration Regulations. (IV) The Military End User List set forth in Supplement No. 7 to part 744 of the Export Administration Regulations. (x) An entity determined to pose a risk to the national security or foreign policy interests of the United States, as determined by the Office of Federal Procurement Policy in coordination with the heads of relevant agencies listed in subsection (a)(1). (B) Contracts for consulting services relating to any crimes against humanity as determined by the Secretary of State. (b) Revision of Federal Acquisition Regulation Not later than one year after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation to implement the requirements of this section. | https://www.govinfo.gov/content/pkg/BILLS-117s4516is/xml/BILLS-117s4516is.xml |
117-s-4517 | II 117th CONGRESS 2d Session S. 4517 IN THE SENATE OF THE UNITED STATES July 13, 2022 Mr. Ossoff (for himself and Mr. Hawley ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To expand the eligible uses of firefighter assistance grant funds, and for other purposes.
1. Short title This Act may be cited as the Fire Station Improvement Act of 2022 . 2. Use of firefighter assistance grant funds Section 33(c)(3)(J) of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229(c)(3)(J) ) is amended to read as follows: (J) To repair, modify, or improve fire stations, fire training facilities, and other similar facilities— (i) to improve the functionality of those facilities; or (ii) to protect the health and safety of firefighting personnel. . | https://www.govinfo.gov/content/pkg/BILLS-117s4517is/xml/BILLS-117s4517is.xml |
117-s-4518 | II 117th CONGRESS 2d Session S. 4518 IN THE SENATE OF THE UNITED STATES July 13, 2022 Mr. Risch (for himself and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To extend title 42 expulsion authority, to resume border wall system construction, to preserve the exclusive authority of immigration judges over asylum claims, and to codify the Migrant Protection Protocols.
1. Short title This Act may be cited as the Solving the Border Crisis Act . 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate ; (B) the Committee on Appropriations of the Senate ; (C) the Committee on Homeland Security of the House of Representatives ; and (D) the Committee on Appropriations of the House of Representatives . (2) Tactical infrastructure The term tactical infrastructure includes boat ramps, access gates, checkpoints, lighting, and roads associated with a border wall system. (3) Technology The term technology includes border surveillance and detection technology, including linear ground detection systems, cameras, underground detection sensors, and autonomous sensor towers, associated with a border wall system. 3. Termination of suspension of entries and imports from designated places related to the COVID–19 pandemic (a) In general An order of suspension issued under section 362 of the Public Health Service Act ( 42 U.S.C. 265 ) as a result of the public health emergency relating to the Coronavirus Disease 2019 (COVID–19) pandemic declared by the Secretary of Health and Human Services on January 31, 2020, under section 319 of such Act ( 42 U.S.C. 247d ), and any continuation of such declaration, shall be lifted not earlier than 60 days after the date on which the Surgeon General provides written notification to the appropriate committees of Congress that such public health emergency declaration and all such continuations have been terminated. (b) Procedures during 60-Day termination window (1) Plan Not later than 30 days after the date on which a written notification is provided pursuant to subsection (a) with respect to an order of suspension, the Surgeon General, in consultation with the Secretary of Homeland Security and the head of any other Federal agency, State, Tribal, or local government, or nongovernmental organization that has a role in managing outcomes associated with such suspension (as determined by the Surgeon General or his or her designee), shall develop and submit to the appropriate committees of Congress a plan to address any possible influx of entries or imports (as described in such order of suspension) related to the termination of such order. (2) Failure to submit If the plan required under paragraph (1) is not submitted to the appropriate committees of Congress before the end of the 30-day period described in such paragraph— (A) the Secretary of Homeland Security shall submit, not later than 7 days after the expiration of such 30-day period, written notification to the appropriate committees of Congress of the status of preparing such plan and the date on by such plan will be submitted in accordance with paragraph (1); and (B) the termination of the order of suspension described in subsection (a) shall be delayed until the date that is 30 days after the date on which such plan is submitted to the appropriate committees of Congress. 4. Resumption of border wall system construction (a) Border wall system construction (1) In general (A) Immediately resume border wall system construction Not later than 24 hours after the date of the enactment of this Act, the Secretary of Homeland Security shall resume all activities related to the construction of the border wall system along the international border between the United States and Mexico that were underway or being planned for before January 20, 2021. (B) No cancellations The Secretary of Homeland Security may not cancel any contract for activities related to border wall system construction described in paragraph (1) that was entered into on or before January 20, 2021. (C) Use of funds The Secretary of Homeland Security shall expend all funds appropriated or explicitly obligated for border wall system construction described in paragraph (1) that were appropriated or obligated, as the case may be, on or after October 1, 2016. (D) Implementation plan Not later than 30 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit an implementation plan to the appropriate congressional committees for the completion, by not later than September 30, 2024, of the border wall system construction described in paragraph (1) and funded in accordance with subparagraph (C). (2) Plan to complete tactical infrastructure and technology elements of border wall system Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit an implementation plan to the appropriate congressional committees that includes quarterly benchmarks and cost estimates for satisfying all of the requirements of the border wall system construction described in paragraph (1)(A), including tactical infrastructure, technology, and other elements identified by the Department of Homeland Security before January 20, 2021, through the expenditure of funds appropriated or explicitly obligated, as the case may be, for use beginning on October 1, 2016, and any additional funds appropriated by Congress for such purpose. (3) Uphold negotiated agreements The Secretary of Homeland Security shall ensure that all agreements relating to current and future border wall system construction that were executed in writing between the Department of Homeland Security and private citizens, State, Tribal, and local governments, and other stakeholders are honored by the Department in accordance with the terms of such agreements. (b) DNA collection consistent with Federal law Not later than 14 days after the date of the enactment of this Act, the Secretary of Homeland Security shall ensure and certify to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that U.S. Customs and Border Protection is fully compliant with the DNA Fingerprint Act of 2005 (title X of Public Law 109–162 ) at all border facilities that process adults (including as part of a family unit) in the custody of U.S. Customs and Border Protection. 5. Congressional resolution of disapproval regarding termination of the exclusive authority of immigration judges over asylum claims (a) In general Congress disapproves the proposed rule submitted by the Executive Office for Immigration Review and U.S. Citizenship and Immigration Services, relating to Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers (87 Fed. Reg. 18078) and such rule shall have no force or effect. (b) Jurisdiction of immigration courts Section 235 of the Immigration and Nationality Act ( 8 U.S.C. 1225 ) is amended by adding at the end the following (e) Jurisdiction of immigration courts Immigration judges shall have— (1) exclusive jurisdiction over asylum applications filed by an alien who has been served a Form I–221 (Order to Show Cause); a Form I–122 (Notice to Applicant for Admission Detained for a Hearing before an Immigration Judge); or Form I–862 (Notice to Appear) after the charging document has been filed with the Immigration Court; and (2) the authority to review reasonable fear determinations and credible fear determinations that have been referred to the Immigration Court. . 6. Treatment of aliens arriving from contiguous territory Section 235(b)(2)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(2)(C) ) is amended by striking may return and all that follows and inserting the following: shall— (i) return the alien to such territory, or to a safe third country (as described in section 208), pending a proceeding under section 240; or (ii) detain the alien for further consideration of an application for asylum, which shall include a determination of credible fear of persecution. . 7. Minimum staffing levels (a) Office of Enforcement and Removal Operations The Secretary of Homeland Security shall ensure that there are always not fewer than 10,000 full-time equivalent employees in the Office of Enforcement and Removal Operations of U.S. Immigration and Customs Enforcement. (b) U.S. Border Patrol The Secretary of Homeland Security shall ensure that the authorized personnel level for United States Border Patrol agents beginning on the date of the enactment of this Act is not fewer than 25,000 agents, excluding Border Patrol Reserve Agents and Border Patrol Processing Coordinators. 8. Mandatory detention funding Section 386(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1368(a) ) is amended to read as follows: (a) Increase in detention facilities (1) In general The Secretary of Homeland Security shall ensure that sufficient detention facilities are available for U.S. Immigration and Customs Enforcement to comply with the mandatory detention requirements under section 235 of the Immigration and Nationality Act ( 8 U.S.C. 1225 ). (2) Funding In addition to any amounts otherwise appropriated for such purpose, the Secretary of Homeland Security may use any mandatory fees collected by the Department of Homeland Security for expenses incurred by the Secretary to inspect, detain, transport, and provide medical care and any other needed goods or services to aliens who have been detained pursuant to section 235 of the Immigration and Nationality Act ( 8 U.S.C. 1225 ). . | https://www.govinfo.gov/content/pkg/BILLS-117s4518is/xml/BILLS-117s4518is.xml |
117-s-4519 | II 117th CONGRESS 2d Session S. 4519 IN THE SENATE OF THE UNITED STATES July 13, 2022 Mr. Rubio (for himself, Mr. Marshall , Mr. Risch , Mrs. Hyde-Smith , Mr. Wicker , Mr. Daines , Mr. Thune , Mr. Hawley , and Mr. Crapo ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To prohibit the Federal Government from promoting, supporting, or contracting with abortion entities, or otherwise expanding access to abortions on Federal lands or in Federal facilities.
1. Short title This Act may be cited as the Prohibiting Abortion on Federal Lands Act . 2. Prohibition on Federal Government promotion of abortions (a) In general The Federal Government shall not promote, support, or enter into contracts with abortion entities, or otherwise expand access to abortions on Federal lands or in Federal facilities, including military installations, national parks, court houses, and other Federal buildings. (b) Definitions In this section: (1) Abortion The term abortion means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally kill the unborn child of a women known to be pregnant, or prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to increase the probability of a live birth or of preserving the life or health of the child after live birth, or remove a dead unborn child. (2) Abortion entity The term abortion entity means an entity, including its affiliates, subsidiaries, successors, and clinics, that performs, induces, refers for, or counsels in favor of abortions, or provides financial support to any other organization that conducts such activities on Federal lands or in Federal facilities. | https://www.govinfo.gov/content/pkg/BILLS-117s4519is/xml/BILLS-117s4519is.xml |
117-s-4520 | II 117th CONGRESS 2d Session S. 4520 IN THE SENATE OF THE UNITED STATES July 13, 2022 Mr. Durbin (for himself and Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish the Food Safety Administration to protect the public health by ensuring the safety of food, preventing foodborne illness, maintaining safety reviews and reassessments of food additives, enforcing pesticide residue tolerances, improving the surveillance of foodborne pathogens, and for other purposes.
1. Short title This Act may be cited as the Food Safety Administration Act of 2022 . 2. Definitions In this Act: (1) Administration The term Administration means the Food Safety Administration established under section 101(a)(1). (2) Administrator The term Administrator means the Administrator of Food Safety appointed under section 101(a)(2). (3) Facility The term facility means any factory, warehouse, or establishment that is subject to the requirements of section 415 or 419 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 350d ; 350h). 3. Effective date This Act, including the amendments made by this Act, shall take effect 180 days after the date of enactment of this Act. 4. Funding (a) Transfer of funds The appropriations, allocations, and other funds that relate to the authorities, functions and agencies transferred under section 102 shall be transferred to the Administration. (b) Authorization of appropriations There are authorized to be appropriated to carry out this section, such sums as may be necessary for fiscal year 2023 and each fiscal year thereafter. I Establishment of food safety administration 101. Establishment of food safety administration (a) Establishment (1) In general There is established within the Department of Health and Human Services an agency to be known as the Food Safety Administration . (2) Head of administration The Administration shall be headed by the Administrator of Food Safety, who shall have food safety expertise, and be appointed by the President, by and with the advice and consent of the Senate. (3) Effect The Federal Food and Drug Administration shall be renamed Federal Drug Administration and retain responsibility for carrying out its responsibilities related to drugs, cosmetics, devices, biological products, color additives, and tobacco. The Commissioner of Food and Drugs shall be renamed the Commissioner of Drugs , and shall retain the responsibilities of the Commissioner of Food and Drugs, except such responsibilities that relate to food, which shall be assumed by the Administrator of Food Safety. Each reference in statute to the Food and Drug Administration shall be deemed a reference to the Federal Drug Administration , and each reference in statute to the Commissioner of Food and Drugs shall be deemed a reference to the Commissioner of Drugs . (b) Duties of the administrator The Administrator shall— (1) administer and enforce all authorities under chapter IV of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 341 et seq. ); (2) serve as a representative to international food safety bodies and discussions; (3) promulgate and enforce regulations to ensure the security of the food supply from all forms of contamination, including intentional contamination; and (4) oversee— (A) implementation of Federal food safety; (B) inspection, labeling, enforcement, and research efforts to protect the public health; (C) development of consistent and science-based standards for safe food; (D) safety reviews and reassessments of food additives; (E) establishment and enforcement of tolerances for poisonous or deleterious substances; (F) monitoring and enforcement of pesticide residue tolerances in or on foods; (G) coordination and prioritization of food safety research and education programs with other Federal agencies; (H) prioritization of Federal food safety efforts and deployment of Federal food safety resources to achieve the greatest benefit in reducing foodborne illness; (I) coordination of the Federal response to foodborne illness outbreaks with other Federal and State agencies; (J) integration of Federal food safety activities with State and local agencies; and (K) assignment of tolerances for animal drugs used in food-producing animals. 102. Transfer of authority, functions, and agencies (a) Transfer of authority The Agency shall assume responsibility for carrying out chapter IV of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 341 et seq. ) and maintain all enforcement authorities with respect to food held by the Food and Drug Administration on the date of enactment of this Act. (b) Transfer of functions For each Federal agency, office, and center specified in subsection (c), there are transferred to the Administration all functions that the head of the Federal agency exercised on the day before the date of enactment of this Act (including all related functions of any officer or employee of the Federal agency) that relate to administration or enforcement of the food safety law, as determined by the President. (c) Transferred agencies The Federal agencies referred to in subsection (b) are— (1) the resources and facilities of the Center for Food Safety and Applied Nutrition of the Food and Drug Administration that administer chapter IV of the Federal Food, Drug, and Cosmetics Act ( 21 U.S.C. 341 et seq. ); (2) the resources and facilities of the Office of Regulatory Affairs of the Food and Drug Administration that administer and conduct inspections of food and feed facilities and imports; (3) the resources and facilities of the Center for Veterinary Medicine of the Food and Drug Administration that administer chapter IV of the Federal Food, Drug, and Cosmetics Act ( 21 U.S.C. 341 et seq. ); (4) the Office of Food Policy and Response of the Food and Drug Administration; and (5) such other offices, services, or agencies as the President designates by Executive order to carry out this Act. (d) Conforming amendment Subchapter A of chapter VII of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 371 et seq. ) is amended by adding at the end the following: 703. Regulation of food Notwithstanding any other provision of this Act, beginning on the date that is 180 days after the date of enactment of the Food Safety Administration Act of 2022 , any authority under this Act that relates to food shall be under the authority of the Food Safety Administration, and shall be carried out by the Administrator of Food Safety. Any reference in this Act to authorities related to food held by the Secretary shall be deemed to be references to authorities held by the Administrator of Food Safety. . 103. Additional duties of the administration (a) Officers and employees The Administrator may— (1) appoint officers and employees for the Administration in accordance with the provisions of title 5, United States Code, relating to appointment in the competitive service; and (2) fix the compensation of those officers and employees in accordance with chapter 51 and with subchapter III of chapter 53 of that title, relating to classification and General Schedule pay rates. (b) Experts and consultants The Administration may— (1) procure the services of temporary or intermittent experts and consultants as authorized by section 3109 of title 5, United States Code; and (2) pay in connection with those services the travel expenses of the experts and consultants, including transportation and per diem in lieu of subsistence while away from the homes or regular places of business of the individuals, as authorized by section 5703 of that title. (c) Bureaus, offices, and divisions The Administrator may establish within the Administration such bureaus, offices, and divisions as the Administrator determines are necessary to perform the duties of the Administrator. (d) Advisory committees (1) In general The Administrator shall establish advisory committees that consist of representative of scientific expert bodies, academics, industry specialists, and consumers. (2) Duties The duties of an advisory committee established under paragraph (1) may include developing recommendations with respect to the development of regulatory science and processes, research, communications, performance standards, and inspection. II Administration of food safety program 201. Establishment of inspection program (a) In general The Administrator shall establish an inspection program, which shall include inspections of food facilities subject to subsection (b) and in accordance with section 202. (b) Facility categories Not later than 6 months after the date of enactment of this Act, the Administrator shall issue formal guidance defining the criteria by which food facilities will be divided into high-risk, intermediate-risk, and low-risk facilities. (c) Inspection frequencies Frequency of inspections of food facilities under this Act shall be based on the categories defined pursuant to subjection (b) and in accordance with section 202. 202. Inspections of food facilities (a) Frequency of inspections (1) High-risk facilities The Administrator shall inspect high-risk facilities not less than once per a year. (2) Intermediate-risk facilities The Administrator shall inspect intermediate-risk facilities not less than once every 2 years. (3) Low-risk facilities The Administrator shall inspect low-risk facilities, which shall include warehouses or similar facilities that engage in packaging or distribution, and pose very minimal public health risk, not less than once every 3 years. (b) Infant formula manufacturing facilities The Administrator shall inspect the facilities of each manufacturer of infant formula not less than every 6 months. (c) Federal and State cooperation The Administrator shall contract with State officials to carry out half of the safety inspections required under this section. 203. Compliance checks Not later than 30 days after issuing a form that is equivalent to an FDA Form 483 to a facility, pursuant to an inspection under section 704 of Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 374 ), the Administrator shall conduct a follow-up compliance check with the facility. 204. Traceability rule Not later than November 7, 2022, the Administrator shall promulgate a final rule that is based on the proposed rule issued by the Food and Drug Administration titled, Requirements for Additional Traceability Records for Certain Foods (85 Fed. Reg. 59984 (Sept. 23, 2021)). 205. Notice of circumstances that could lead to a shortage Chapter IV of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 341 et seq. ) is amended by adding at the end the following: 424. Notice of circumstances that could lead to a shortage (a) Notice requirement Not later than 5 business days after a manufacturer of infant formula or essential medical food becomes aware of circumstances that could lead to a shortage of infant formula or essential medical food in the United States, such manufacturer shall give written notice of such circumstances to the Administrator. (b) Fines If the Administrator finds that a manufacturer of infant formula or essential medical food is in violation of the requirement of this section to give written notice, such violation shall be treated as an infraction for purposes of imposing a fine in accordance with title 18, United States Code. (c) Definitions In this section: (1) The term Administrator means the Administrator of Food Safety. (2) The term essential medical food means a food that— (A) is formulated to be consumed or administered enterally under the supervision of a physician; (B) is intended for the specific dietary management of a disease or condition for which distinctive nutritional requirements, based on recognized scientific principles, are established by medical evaluation; and (C) is identified by the Administrator as being essential for any urgent medical condition. . | https://www.govinfo.gov/content/pkg/BILLS-117s4520is/xml/BILLS-117s4520is.xml |
117-s-4521 | II 117th CONGRESS 2d Session S. 4521 IN THE SENATE OF THE UNITED STATES July 13, 2022 Mr. Cornyn (for himself and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require the President to develop a strategy to ensure the health, safety, and general welfare of the civilian population of the United States in case of catastrophic incidents disabling 1 or more critical infrastructure sectors or significantly disrupting the critical functions of modern society, and for other purposes.
1. Short title This Act may be cited as the Keeping Everyone Safe and Securing Lives by Emergency Readiness Act or the KESSLER Act . 2. Findings Congress finds that— (1) the integration of connected technologies has become essential to the operation of modern critical infrastructure; (2) reliance on connected technologies and interoperability across critical infrastructure sectors create new vulnerabilities that may be used against the United States; (3) adversaries of the United States have targeted critical infrastructure and are likely to increase attacks on essential services in the United States should global conflicts escalate; (4) while strong defenses and mitigation measures are essential to the safety of the United States, no strategy can stop all catastrophic events; (5) the Federal Government must prepare Federal, State, and local governments, along with the people of the United States, to promote the general welfare of the civilian population of the United States even if most or all critical infrastructure sectors are impacted by catastrophic events; and (6) such preparations must include coordination with State, local, and Tribal governments, private sector entities, and individual citizens. 3. Definitions In this Act: (1) Basic need The term basic need — (A) means any good, service, or activity necessary to protect the health, safety, and general welfare of the civilian population of the United States; and (B) includes— (i) food; (ii) water; (iii) shelter; (iv) reliable energy; (v) basic communication services; and (vi) public safety. (2) Catastrophic incident The term catastrophic incident means an incident, whether caused by human or natural events, in which multiple levels of United States critical infrastructure are destroyed, damaged, or interrupted in sufficient magnitude to threaten the health, safety, or general welfare of the civilian population of the United States. (3) Critical infrastructure The term critical infrastructure has the meaning given the term in section 1016(e) of the Critical Infrastructure Protection Act of 2001 ( 42 U.S.C. 5195c(e) ). (4) National exercise The term national exercise means a national exercise described in section 648(b) of the Post-Katrina Emergency Management Reform Act of 2006 ( 6 U.S.C. 748(b) ). (5) Tribal government The term Tribal government means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, that is individually identified (including parenthetically) in the most recent list published pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). 4. Strategy to ensure the health, safety, and general welfare of the civilian population of the United States (a) In general Not later than 1 year after the date of enactment of this Act, the President shall develop and submit to Congress a strategy to— (1) provide for the basic needs of the civilian population of the United States that is impacted by catastrophic incidents in the United States; (2) coordinate response efforts with State and local governments, the private sector, and nonprofit relief organizations; (3) promote personal and local readiness and non-reliance on government relief during periods of heightened tension or after catastrophic incidents; and (4) develop international partnerships with allied nations for the provision of relief services and goods. (b) Elements of the strategy The strategy developed under subsection (a) shall include a description of— (1) actions the President will take to ensure the basic needs of the civilian population of the United States in a catastrophic incident are met; (2) how the President will coordinate and facilitate agreements with non-Federal entities to multiply resources and enhance relief capabilities, including— (A) State and local governments; (B) Tribal governments; (C) State disaster relief agencies; (D) State and local disaster relief managers; (E) State National Guards; (F) law enforcement and first response entities; and (G) nonprofit relief services; (3) actions the President will take to enhance individual resiliency to the effects of a catastrophic incident, which actions shall include— (A) readiness alerts to the public during periods of elevated threat; (B) efforts to enhance domestic supply and availability of critical goods and basic necessities; and (C) information campaigns to ensure the public is aware of response plans and services that will be activated when necessary; (4) efforts the President will undertake and agreements the President will seek with international allies to enhance the readiness of the United States to provide for the general welfare; (5) how the strategic plan will be implemented should multiple levels of critical infrastructure be destroyed or taken offline entirely for an extended period of time; (6) how the strategic plan will be made operational within the larger response strategy of the United States; and (7) the authorities the President would implicate in responding to a catastrophic incident. (c) Assumptions In designing the strategy under subsection (a), the President shall account for certain factors to make the strategy operationally viable, including the assumption that— (1) multiple levels of critical infrastructure have been taken offline or destroyed by catastrophic incidents or the effects of catastrophic incidents; (2) impacted sectors may include— (A) the transportation sector; (B) the communication sector; (C) the energy sector; (D) the healthcare and public health sector; (E) the water and wastewater sector; and (F) the financial sector; (3) State and local governments have been equally affected or made largely inoperable by catastrophic incidents or the effects of catastrophic incidents; (4) the emergency has exceeded the response capabilities of State and local governments under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) and other relevant disaster response laws; and (5) the United States military is sufficiently engaged in armed or cyber conflict with State or non-State adversaries, or is otherwise unable to augment domestic response capabilities in a significant manner due to a catastrophic incident. (d) Existing plans The President may incorporate existing contingency plans in the strategy developed under subsection (a) so long as those contingency plans are amended to be operational in accordance with the requirements under this section. (e) Availability The strategy developed under subsection (a)— (1) shall be made available to Congress and appropriate government entities; and (2) may include a classified, or other restricted, annex. (f) Delegation The President may delegate all or some of the authority under this section to the Secretary of Homeland Security or a designee thereof. 5. Implementation plan Not later than 90 days after the issuance of the strategy required under section 4, the President shall issue a plan to implement and operationalize the strategy, which shall include— (1) steps the President will take to prepare implicated entities for mobilization under the strategy; and (2) specific actions the President will take to— (A) ensure the continued readiness of the United States to implement the strategy; (B) educate the public and non-Federal entities on the strategy and the role individual citizens should play to ensure the objectives of the strategy are met; (C) ensure the objectives of the strategy are met; and (D) ensure foreign adversaries are not able to undermine the operationalization of the strategy. 6. National response exercise (a) In general Not later than 1 year after the issuance of the implementation plan required under section 5, the Department of Homeland Security shall lead a national exercise, in coordination with the appropriate government agencies, to test and enhance the operationalization of the implementation plan. (b) Requirements A national exercise conducted under this section shall include participation from most or all entities implicated by the strategy required under section 4, including— (1) State, local, and Tribal governments; (2) information sharing and analysis centers; and (3) owners and operators of critical infrastructure. 7. Recommendations (a) In general The President shall provide recommendations to Congress for— (1) actions that should be taken to prepare the United States to implement the strategy required under section 4, increase readiness, and address preparedness gaps for responding to the impacts and effects of catastrophic incidents on citizens of the United States; and (2) additional authorities that should be considered for Federal agencies and the President to more effectively implement the strategy required under section 4. (b) Inclusion in reports The President may include the recommendations required under subsection (a) in a report submitted under section 8. 8. Report on strategy, implementation plan, and national exercise Not later than 1 year after the date on which Department of Homeland Security leads the national exercise under section 6, the President shall submit to Congress a report that includes— (1) a description of the efforts of the President to develop and update the strategy required under section 4; (2) a description of the efforts of the President to develop and update the implementation plan required under section 5; and (3) an analysis of the effectiveness and benefit of the national exercise conducted under section 6. | https://www.govinfo.gov/content/pkg/BILLS-117s4521is/xml/BILLS-117s4521is.xml |
117-s-4522 | II 117th CONGRESS 2d Session S. 4522 IN THE SENATE OF THE UNITED STATES July 13, 2022 Mr. Kennedy (for himself, Ms. Lummis , Mr. Scott of South Carolina , and Mr. Hagerty ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To enhance rulemaking requirements for the Bureau of Consumer Financial Protection, and for other purposes.
1. Short title This Act may be cited as the Transparency in CFPB Cost-Benefit Analysis Act . 2. Transparency in cost-benefit analysis Section 1022(b) of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5512(b) ) is amended by adding at the end the following: (5) Additional rulemaking requirements (A) In general Each notice of proposed rulemaking issued by the Bureau shall be published in its entirety in the Federal Register and shall include— (i) a statement of the need for the proposed regulation; (ii) an examination of why the Bureau must undertake the proposed regulation and why the private market, State, local, or tribal authorities cannot adequately address the problem; (iii) an examination of whether the proposed regulation is duplicative, inconsistent, or incompatible with other Federal regulations and orders; (iv) if the proposed regulation is found to be duplicative, inconsistent, or incompatible with other Federal regulations and orders, a discussion of— (I) why the proposed regulation is justified; (II) how the proposed regulation can coexist with the existing regulations; and (III) how the Bureau plans to reduce the regulatory burden associated with the duplicative, inconsistent, or incompatible proposed regulation; (v) a quantitative and qualitative assessment of all anticipated direct and indirect costs and benefits of the proposed regulation, including— (I) compliance costs for all regulated entities, including small businesses; (II) effects on economic activity, efficiency, competition and capital formation; (III) regulatory and administrative costs of implementation; and (IV) costs imposed on State, local and tribal entities; (vi) an identification of reasonable alternatives to the regulation, including modification of an existing regulation; (vii) an analysis of the costs and benefits, both quantitative and qualitative, of any alternative identified pursuant to clause (v); (viii) if the Bureau determines the proposed regulation would increase costs for small businesses, then the Bureau shall consult the Office of Advocacy within the Small Business Administration to determine ways to minimize the effect of direct and indirect costs imposed on small businesses by the proposed regulation; (ix) if quantified net benefits of the proposed action do not outweigh the quantified net benefits of the alternatives, a justification of the regulation; (x) if quantified benefits identified pursuant to clause (iv) do not outweigh the quantified costs of the regulation, a justification of the regulation; (xi) an assessment of how the burden imposed by the regulation will be distributed; including whether consumers, or small businesses will be disproportionately burdened; and (xii) when feasible, and using appropriate statistical techniques, a probability distribution of the relevant outcomes of the proposed regulation. (B) Assumptions and studies used With respect to the information required to be included under subparagraph (A), the Bureau will include— (i) a discussion of underlying assumptions used as a basis for such information; and (ii) a description of any studies or data used in preparing such information, and whether such studies were peer-reviewed. . | https://www.govinfo.gov/content/pkg/BILLS-117s4522is/xml/BILLS-117s4522is.xml |
117-s-4523 | II 117th CONGRESS 2d Session S. 4523 IN THE SENATE OF THE UNITED STATES July 13, 2022 Mr. Rubio (for himself and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To prohibit the Secretary of the Air Force from entering into an agreement that would provide for or permit the joint use of Homestead Air Reserve Base, Homestead, Florida, by the Air Force and civil aircraft.
1. Short title This Act may be cited as the Protecting Critical Ecosystems and Military Readiness in Florida Act . 2. Prohibition on joint use of Homestead Air Reserve Base with civil aviation The Secretary of the Air Force may not enter into an agreement that would provide for or permit the joint use of Homestead Air Reserve Base, Homestead, Florida, by the Air Force and civil aircraft. | https://www.govinfo.gov/content/pkg/BILLS-117s4523is/xml/BILLS-117s4523is.xml |
117-s-4524 | II 117th CONGRESS 2d Session S. 4524 IN THE SENATE OF THE UNITED STATES July 13, 2022 Mrs. Gillibrand (for herself, Mrs. Blackburn , Ms. Hirono , and Mr. Graham ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To limit the judicial enforceability of predispute nondisclosure and nondisparagement contract clauses relating to disputes involving sexual assault and sexual harassment.
1. Short title This Act may be cited as the Speak Out Act . 2. Findings Congress finds the following: (1) Sexual harassment and assault remain pervasive in the workplace and throughout civic society, affecting millions of Americans. (2) Eighty-one percent of women and 43 percent of men have experienced some form of sexual harassment or assault throughout their lifetime. (3) One in 3 women has faced sexual harassment in the workplace during her career, and an estimated 87 to 94 percent of those who experience sexual harassment never file a formal complaint. (4) Sexual harassment in the workplace forces many women to leave their occupation or industry, or pass up opportunities for advancement. (5) In order to combat sexual harassment and assault, it is essential that victims and survivors have the freedom to report and publicly disclose their abuse. (6) Nondisclosure and nondisparagement provisions in agreements between employers and current, former, and prospective employees, and independent contractors, and between providers of goods and services and consumers, can perpetuate illegal conduct by silencing those who are survivors of illegal sexual harassment and assault or illegal retaliation, or have knowledge of such conduct, while shielding perpetrators and enabling them to continue their abuse. (7) Prohibiting predispute nondisclosure and nondisparagement clauses will empower survivors to come forward, hold perpetrators accountable for abuse, improve transparency around illegal conduct, enable the pursuit of justice, and make workplaces safer and more productive for everyone. 3. Definitions In this Act: (1) Predispute nondisclosure clause The term predispute nondisclosure clause means a provision in a contract or agreement agreed to before a lawsuit is filed under Federal, State, or Tribal law that requires the parties to the contract or agreement not to disclose or discuss conduct, the existence of a settlement involving conduct, or information covered by the terms and conditions of the contract or agreement. (2) Predispute nondisparagement clause The term predispute nondisparagement clause means a provision in a contract or agreement that requires 1 or more parties to the contract or agreement not to make a negative statement about another party that relates to the contract, agreement, claim, or case. (3) Sexual assault dispute The term sexual assault dispute means a dispute involving a nonconsensual sexual act or sexual contact, as such terms are defined in section 2246 of title 18, United States Code, or similar applicable Tribal or State law, including when the victim lacks capacity to consent. (4) Sexual harassment dispute The term sexual harassment dispute means a dispute relating to conduct that is alleged to constitute sexual harassment under applicable Federal, Tribal, or State law. 4. Limitation on judicial enforceability of predispute nondisclosure and nondisparagement contract clauses relating to sexual assault disputes and sexual harassment disputes (a) In general With respect to a sexual assault dispute or sexual harassment dispute, no predispute nondisclosure clause or predispute nondisparagement clause shall be judicially enforceable in instances in which conduct is alleged to have violated Federal, Tribal, or State law. (b) Continued applicability of State law This Act shall not be construed to supersede a provision of State law that establishes, implements, or continues in effect a requirement or prohibition except to the extent that such requirement or prohibition prevents the application of this Act. (c) Continued Applicability of Federal, State, and Tribal Law This Act shall not be construed to supersede a provision of Federal, State, or Tribal law that governs the use of pseudonyms in the filing of claims involving sexual assault or sexual harassment disputes. (d) Protection of trade secrets and proprietary information Nothing in this Act shall prohibit an employer and an employee from protecting trade secrets or proprietary information. 5. Applicability This Act shall apply with respect to a claim that is filed under Federal, State, or Tribal law on or after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4524is/xml/BILLS-117s4524is.xml |
117-s-4525 | II 117th CONGRESS 2d Session S. 4525 IN THE SENATE OF THE UNITED STATES July 13, 2022 Ms. Duckworth introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish the Prairie du Rocher French Colonial National Historical Park in the State of Illinois, and for other purposes.
1. Short title This Act may be cited as the Prairie du Rocher French Colonial National Historical Park Establishment Act . 2. Findings and purposes (a) Findings Congress finds that— (1) Prairie du Rocher and the French Colonial Historic District are the finest historical and architectural examples of French colonial heritage in the United States; (2) in 1966, Fort de Chartres and the Modoc Rock Shelter were each designated as a National Historic Landmark; (3) in 1973, the Creole House in Prairie du Rocher was added to the National Register of Historic Places; (4) in 1974, the French Colonial Historic District, which is an area of 22 square miles that includes the ancient Kolmer Indian site, was added to the National Register of Historic Places; (5) Fort de Chartres, which was constructed in 1720— (A) served as the French seat of government and primary military station on the upper Mississippi River; and (B) was designated as a National Historic Landmark in 1960; (6) Pierre Laclede Liguest— (A) quartered in the Prairie du Rocher French Colonial District in the winter of 1763; and (B) in February 1764, founded St. Louis, Missouri; (7) in 1818, the village of Kaskaskia served as the first State capital of Illinois; (8) on July 4, 1778, General George Rogers Clark, with the assistance of Father Pierre Gibault, captured Prairie du Rocher and the village of Kaskaskia; (9) on November 28, 1803, Meriwether Lewis and William Clark visited the village of Kaskaskia seeking boatmen and troops to accompany the Lewis and Clark expedition; (10) in 1825, General Marie-Joseph-Paul-Yves-Roch-Gilbert du Montier de Lafayette visited the village of Kaskaskia; and (11) the village of Kaskaskia, Fort de Chartres, and Prairie du Rocher once served as the western boundary of the United States. (b) Purposes The purposes of this Act are— (1) to recognize the importance of Prairie du Rocher and the French Colonial Historic District as a nationally significant architectural village that embodies the cultural heritage of the United States; and (2) to establish the Prairie du Rocher French Colonial National Historical Park— (A) to serve as the focus of interpretive and educational programs relating to the history of the French Colonial Historic District; and (B) to assist in the preservation of historic sites within the French Colonial Historic District. 3. Definitions In this Act: (1) Historical Park The term Historical Park means the Prairie du Rocher French Colonial National Historical Park established by section 4(a). (2) Secretary The term Secretary means the Secretary of the Interior. (3) State The term State means the State of Illinois. 4. Establishment of the Prairie du Rocher French Colonial National Historical Park (a) In general To assist in the preservation, interpretation, and education relating to Prairie du Rocher and the French Colonial Historic District and to provide technical assistance to a broad range of public and private landowners and preservation organizations, there is established in the State the Prairie du Rocher French Colonial National Historical Park. (b) Area included The Historical Park shall consist of the following: (1) Land and structures associated with the Creole House, which was constructed in 1800, a French Creole vernacular post-in-ground or poteaux-sur-sol structure that is 1 of 5 remaining such structures in the United States. (2) Land and structures associated with the Pierre Menard Home, which was constructed in 1803 and in which Pierre Menard lived during his term as the first Lieutenant Governor of Illinois. (3) Land and structures associated with the Doiron Bienvenue House, which is a post-in-ground or poteaux-sur-sol structure constructed in 1860. (4) A portion of the Fort Kaskaskia State Historic Site, which— (A) is a 200-acre park that celebrates the vanished frontier village of Kaskaskia; (B) is home to the earthen remains of Fort Kaskaskia; and (C) preserves Garrison Hill Cemetery at which Pierre Menard and dozens of veterans are interred. (5) Not more than 1,000 acres of land that the Secretary may designate for an interpretive center for the Historical Park, in accordance with subsections (c) and (d) of section 5. (c) Map (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map depicting the boundaries of the Historical Park. (2) Availability The map prepared under paragraph (1) shall be available for public inspection in the appropriate offices of the National Park Service. 5. Administration of the Prairie du Rocher French Colonial National Historical Park (a) In general The Secretary shall administer the Historical Park— (1) in accordance with— (A) this Act; and (B) the provisions of law generally applicable to units of the National Park System, including chapter 3201 of title 54, United States Code; and (2) in a manner that— (A) preserves resources and cultural landscapes relating to the history of the French Colonial Historic District; and (B) enhances public understanding of the important cultural heritage of the French Colonial Historic District. (b) Donations (1) In general The Secretary may accept donations of funds, property, or services from individuals, foundations, or other public or private entities for the purposes of providing programs, services, facilities, and technical assistance that further the purposes of the Historical Park. (2) Expenditure Any funds donated to the Secretary under paragraph (1) may be expended by the Secretary without further appropriation. (c) Interpretive center (1) In general The Secretary may construct or lease space to operate and maintain on land identified to be appropriate by the Secretary an interpretive center for the Historical Park. (2) Consultation The Secretary shall consult with the State, Randolph County, Illinois, the village of Prairie du Rocher, Illinois, and the Illinois Department of Natural Resources in the planning and development of the interpretive center authorized under paragraph (1). (d) Cooperative agreements The Secretary may enter into cooperative agreements with the State, Randolph County, Illinois, the village of Prairie du Rocher, Illinois, the Illinois Department of Natural Resources, and other public or private organizations for the development of— (1) the interpretive center authorized under subsection (c)(1); and (2) educational programs and other materials that would facilitate public use of the Historical Park. (e) Grants (1) In general Subject to the availability of appropriations, the Secretary may make grants to partners of the Historical Park for eligible projects described in paragraph (2). (2) Eligible project A project eligible for a grant under paragraph (1) is a project that— (A) does not require Federal involvement other than the provision of financial assistance; (B) supports the purposes of the Historical Park; (C) enhances public use and enjoyment of the Historical Park; and (D) may include financial assistance for construction and development on non-Federal land within the boundaries of the Historical Park. (f) Acquisition of land (1) In general Except as provided in paragraph (2), the Secretary may acquire land and interests in land within the boundaries of the Historical Park by— (A) donation; (B) purchase with donated or appropriated funds; or (C) exchange. (2) Exception Land and interests in land that are owned by the State or any political subdivision of the State may be acquired for the Historical Park under paragraph (1) only by donation or exchange. | https://www.govinfo.gov/content/pkg/BILLS-117s4525is/xml/BILLS-117s4525is.xml |
117-s-4526 | II 117th CONGRESS 2d Session S. 4526 IN THE SENATE OF THE UNITED STATES July 13, 2022 Mr. Booker introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to limit the grounds of deportability for certain relatives of members of the Armed Forces and veterans, and for other purposes.
1. Short title This Act may be cited as the Protecting Immigrant Gold Star and Military Families Act . 2. Limiting grounds of deportability for relatives of members of the Armed Forces and veterans Section 237 of the Immigration and Nationality Act ( 8 U.S.C. 1227 ) is amended by adding at the end the following: (e) Alien relatives of members of the Armed Forces and veterans (1) In general The provisions of this section shall not apply to an alien who— (A) is— (i) the spouse, widow or widower, parent, son or daughter, or sibling of— (I) a member of the Armed Forces of the United States; or (II) a veteran (as that term is defined in section 101 of title 38, United States Code); or (ii) eligible for the Gold Star lapel button under section 1126 of title 10, United States Code; and (B) has not been convicted of— (i) a felony; (ii) a significant misdemeanor; or (iii) three or more misdemeanors that are not significant misdemeanors, each of which occurred on a different date, and arose out of separate conduct; and (C) is not otherwise a threat to national security or public safety. (2) Significant misdemeanor defined In this subsection, the term significant misdemeanor means a misdemeanor— (A) which is a crime of domestic violence (as such term is defined in section 237(a)(2)(E)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a)(2)(E)(i) )); (B) which is a sexual assault (as such term is defined in section 40002(a) of the Violent Crime Control and Law Enforcement Act of 1994 ( 42 U.S.C. 13925(a) )); (C) which involved the unlawful possession of a firearm (as such term is defined in section 921 of title 18, United States Code); or (D) for which the alien was sentenced to a term of imprisonment of longer than 90 days. . | https://www.govinfo.gov/content/pkg/BILLS-117s4526is/xml/BILLS-117s4526is.xml |
117-s-4527 | II 117th CONGRESS 2d Session S. 4527 IN THE SENATE OF THE UNITED STATES July 13, 2022 Mr. Booker introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend section 287 of the Immigration and Nationality Act to prohibit immigration officers and agents of the Department of Homeland Security from wearing clothing or other items bearing the word police .
1. Short title This Act may be cited as the Combating Deceptive Immigration Enforcement Practices Act of 2022 . 2. Limitation on immigration officer uniforms Section 287 of the Immigration and Nationality Act ( 8 U.S.C. 1357 ) is amended by adding at the end the following: (i) Immigration officers and agents of the Department of Homeland Security, including officers and agents of U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection, may not wear any clothing, accessories, or other items on their person that bear the word police while performing duties under the immigration laws. . | https://www.govinfo.gov/content/pkg/BILLS-117s4527is/xml/BILLS-117s4527is.xml |
117-s-4528 | II 117th CONGRESS 2d Session S. 4528 IN THE SENATE OF THE UNITED STATES July 13, 2022 Ms. Sinema (for herself and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To establish a Government-wide approach to improving digital identity, and for other purposes.
1. Short title This Act may be cited as the Improving Digital Identity Act of 2022 . 2. Findings Congress finds the following: (1) The lack of an easy, affordable, reliable, and secure way for organizations, businesses, and government agencies to identify whether an individual is who they claim to be online creates an attack vector that is widely exploited by adversaries in cyberspace and precludes many high-value transactions from being available online. (2) Incidents of identity theft and identity fraud continue to rise in the United States, where more than 293,000,000 people were impacted by data breaches in 2021. (3) Since 2017, losses resulting from identity fraud have increased by 333 percent, and, in 2020, those losses totaled $56,000,000,000. (4) The Director of the Treasury Department Financial Crimes Enforcement Network has stated that the abuse of personally identifiable information and other building blocks of identity is a key enabler behind much of the fraud and cybercrime affecting the United States today. (5) Trustworthy digital identity solutions can help give under-banked and unbanked individuals better access to digital financial services through innovative delivery channels that promote financial inclusion. (6) The inadequacy of current digital identity solutions degrades security and privacy for all people in the United States, and next generation solutions are needed that improve security, privacy, equity, and accessibility. (7) Government entities, as authoritative issuers of identity in the United States, are uniquely positioned to deliver critical components that address deficiencies in the digital identity infrastructure of the United States and augment private sector digital identity and authentication solutions. (8) State governments are particularly well-suited to play a role in enhancing digital identity solutions used by both the public and private sectors, given the role of State governments as the issuers of driver’s licenses and other identity documents commonly used today. (9) The public and private sectors should collaborate to deliver solutions that promote confidence, privacy, choice, equity, accessibility, and innovation. The private sector drives much of the innovation around digital identity in the United States and has an important role to play in delivering digital identity solutions. (10) The bipartisan Commission on Enhancing National Cybersecurity has called for the Federal Government to create an interagency task force directed to find secure, user-friendly, privacy-centric ways in which agencies can serve as 1 authoritative source to validate identity attributes in the broader identity market. This action would enable Government agencies and the private sector to drive significant risk out of new account openings and other high-risk, high-value online services, and it would help all citizens more easily and securely engage in transactions online. . (11) The National Institute of Standards and Technology has published digital identity guidelines that address technical requirements for identity proofing and the authentication of users, but those guidelines do not cover requirements for providing identity attribute validation services that could be used to support identity proofing. (12) It should be the policy of the Federal Government to use the authorities and capabilities of the Federal Government to enhance the security, reliability, privacy, equity, accessibility, and convenience of digital identity solutions that support and protect transactions between individuals, government entities, and businesses, and that enable people in the United States to prove who they are online, by providing consent-based identity attribute validation services and other components that address deficiencies in the digital identity infrastructure of the United States and augment private sector digital identity and authentication solutions. 3. Definitions In this Act: (1) Appropriate notification entities The term appropriate notification entities means— (A) the President; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; and (C) the Committee on Oversight and Reform of the House of Representatives. (2) Digital identity verification The term digital identity verification means a process to verify the identity or an identity attribute of an individual accessing a service online or through another electronic means. (3) Director The term Director means the Director of the Task Force. (4) Federal agency The term Federal agency 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 ). (5) Identity attribute The term identity attribute means a data element associated with the identity of an individual, including, the name, address, or date of birth of an individual. (6) Identity credential The term identity credential means a document or other evidence of the identity of an individual issued by a government agency that conveys the identity of the individual, including a driver’s license or passport. (7) Secretary The term Secretary means the Secretary of Homeland Security. (8) Task Force The term Task Force means the Improving Digital Identity Task Force established under section 4(a). 4. Improving Digital Identity Task Force (a) Establishment There is established in the Executive Office of the President a task force to be known as the Improving Digital Identity Task Force . (b) Purpose The purpose of the Task Force shall be to establish and coordinate a government-wide effort to develop secure methods for Federal, State, local, Tribal, and territorial agencies to improve access and enhance security between physical and digital identity credentials to— (1) protect the privacy and security of individuals; (2) support reliable, interoperable digital identity verification in the public and private sectors; and (3) in achieving paragraphs (1) and (2), place a particular emphasis on— (A) reducing identity theft and fraud; (B) enabling trusted transactions; and (C) ensuring equitable access to digital identity verification. (c) Director (1) In general The Task Force shall have a Director, who shall be appointed by the President. (2) Position The Director shall serve at the pleasure of the President. (3) Pay and allowances The Director shall be compensated at the rate of basic pay prescribed for level II of the Executive Schedule under section 5313 of title 5, United States Code. (4) Qualifications The Director shall have substantive technical expertise and managerial acumen that— (A) is in the business of digital identity management, information security, or benefits administration; (B) is gained from not less than 1 organization; and (C) includes specific expertise gained from academia, advocacy organizations, and the private sector. (5) Exclusivity The Director may not serve in any other capacity within the Federal Government while serving as Director. (6) Term The term of the Director, including any official acting in the role of the Director, shall terminate on the date described in subsection (k). (d) Membership (1) Federal Government representatives The Task Force shall include the following individuals or the designees of such individuals: (A) The Secretary. (B) The Secretary of the Treasury. (C) The Director of the National Institute of Standards and Technology. (D) The Director of the Financial Crimes Enforcement Network. (E) The Commissioner of Social Security. (F) The Secretary of State. (G) The Administrator of General Services. (H) The Director of the Office of Management and Budget. (I) The heads of other Federal agencies or offices as the President may designate or invite, as appropriate. (2) State, local, Tribal, and territorial government representatives The Director shall appoint to the Task Force 6 State, local, Tribal, and territorial government officials who represent agencies that issue identity credentials and who have— (A) experience in identity technology and services; (B) knowledge of the systems used to provide identity credentials; or (C) any other qualifications or competencies that may help achieve balance or otherwise support the mission of the Task Force. (3) Nongovernmental experts (A) In general The Director shall appoint to the Task Force 5 nongovernmental experts. (B) Specific appointments The experts appointed under subparagraph (A) shall include the following: (i) A member who is a privacy and civil liberties expert. (ii) A member who is a technical expert in identity verification. (iii) A member who is a technical expert in cybersecurity focusing on identity verification services. (iv) A member who represents an industry identity verification service provider. (v) A member who represents a party that relies on effective identity verification services to conduct business. (e) Working groups The Director shall organize the members of the Task Force into appropriate working groups for the purpose of increasing the efficiency and effectiveness of the Task Force, as appropriate. (f) Meetings The Task Force shall— (1) convene at the call of the Director; and (2) provide an opportunity for public comment in accordance with section 10(a)(3) of the Federal Advisory Committee Act (5 U.S.C. App.). (g) Duties In carrying out the purpose described in subsection (b), the Task Force shall— (1) identify Federal, State, local, Tribal, and territorial agencies that issue identity credentials or hold information relating to identifying an individual; (2) assess restrictions with respect to the abilities of the agencies described in paragraph (1) to verify identity information for other agencies and nongovernmental organizations; (3) assess any necessary changes in statutes, regulations, or policy to address any restrictions assessed under paragraph (2); (4) recommend a standards-based architecture to enable agencies to provide services relating to digital identity verification in a way that— (A) is secure, protects privacy, and protects individuals against unfair and misleading practices; (B) prioritizes equity and accessibility; (C) requires individual consent for the provision of digital identify verification services by a Federal, State, local, Tribal, or territorial agency; and (D) is interoperable among participating Federal, State, local, Tribal, and territorial agencies, as appropriate and in accordance with applicable laws; (5) recommend principles to promote policies for shared identity proofing across public sector agencies, which may include single sign-on or broadly accepted attestations; (6) identify funding or other resources needed to support the agencies described in paragraph (4) that provide digital identity verification, including a recommendation with respect to additional funding required for the grant program under section 5; (7) recommend funding models to provide digital identity verification to private sector entities, which may include fee-based funding models; (8) determine if any additional steps are necessary with respect to Federal, State, local, Tribal, and territorial agencies to improve digital identity verification and management processes for the purpose of enhancing the security, reliability, privacy, accessibility, equity, and convenience of digital identity solutions that support and protect transactions between individuals, government entities, and businesses; and (9) undertake other activities necessary to assess and address other matters relating to digital identity verification, including with respect to— (A) the potential exploitation of digital identity tools or associated products and services by malign actors; (B) privacy implications; and (C) increasing access to foundational identity documents. (h) Prohibition The Task Force may not implicitly or explicitly recommend the creation of— (1) a single identity credential provided or mandated by the Federal Government for the purposes of verifying identity or associated attributes; (2) a unilateral central national identification registry relating to digital identity verification; or (3) a requirement that any individual be forced to use digital identity verification for a given public purpose. (i) Required consultation The Task Force shall closely consult with leaders of Federal, State, local, Tribal, and territorial governments and nongovernmental leaders, which shall include the following: (1) The Administrator of General Services. (2) The Secretary of Education. (3) The heads of other Federal agencies and offices determined appropriate by the Director. (4) State, local, Tribal, and territorial government officials focused on identity, such as information technology officials and directors of State departments of motor vehicles and vital records bureaus. (5) Digital privacy experts. (6) Civil liberties experts. (7) Technology and cybersecurity experts. (8) Users of identity verification services. (9) Representatives with relevant expertise from academia and advocacy organizations. (10) Industry representatives with experience implementing digital identity systems. (11) Identity theft and fraud prevention experts, including advocates for victims of identity theft and fraud. (j) Reports (1) Initial report Not later than 180 days after the date of enactment of this Act, the Director shall submit to the appropriate notification entities a report on the activities of the Task Force, including— (A) recommendations on— (i) priorities for research and development in the systems that enable digital identity verification, including how the priorities can be executed; (ii) the standards-based architecture developed pursuant to subsection (g)(4); (iii) methods to leverage digital driver’s licenses, distributed ledger technology, and other technologies; and (iv) priorities for research and development in the systems and processes that reduce identity fraud; and (B) summaries of the input and recommendations of the leaders consulted under subsection (i). (2) Interim reports The Director may submit to the appropriate notification entities interim reports the Director determines necessary to support the work of the Task Force and educate the public. (3) Final report Not later than 45 days before the date described in subsection (k), the Director shall submit to the appropriate notification entities a final report that includes recommendations for the President and Congress relating to any relevant matter within the scope of the duties of the Task Force. (4) Public availability The Task Force shall make the reports required under this subsection publicly available on centralized website as an open Government data asset (as defined in section 3502 of title 44, United States Code). (k) Sunset The Task Force shall conclude business on the date that is 3 years after the date of enactment of this Act. 5. Digital identity innovation grants (a) Establishment Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a grant program to award grants to State, local, Tribal, and territorial governments to upgrade systems that provide identity credentials to support the development of highly secure, interoperable systems that enable digital identity verification. (b) Required consultation In establishing the grant program under subsection (a), the Secretary shall consult with the Task Force and the governmental and nongovernmental leaders described in section 4(i), with an emphasis on the consultation of— (1) leaders of State, local, Tribal, and territorial governments; and (2) leaders of State, local, Tribal, and territorial agencies that issue identity credentials or provide identity verification services and support relating to identify verification services. (c) Use of funds A State, local, Tribal, or territorial government that receives a grant under this section shall— (1) use funds from the grant for services relating to digital identity verification; (2) implement meaningful digital identity verification cybersecurity, data protection, and privacy safeguards consistent with, or in excess of, any safeguards described in management guidance issued by the National Institute of Standards and Technology relating to— (A) digital identity; (B) cybersecurity; (C) privacy; (D) equity; or (E) accessibility; (3) expend not less than 10 percent of grant funds to provide services that assist individuals with obtaining identity credentials or identity verification services needed to obtain a driver’s license or a comparable identity card; and (4) comply with any other requirements determined relevant by the Secretary to ensure the effective administration of the grant program established under this section. (d) Requirements A State, local, Tribal, or territorial government that receives a grant under this section shall expend amounts from the grant in a manner that— (1) complies with the management guidance of the National Institute of Standards and Technology described in subsection (c)(2); and (2) does not correspond with a matter described in section 4(h). (e) Authorization of appropriations There is authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section. 6. Security enhancements to Federal systems (a) Guidance for Federal agencies Not later than 180 days after the date on which the Director submits the report required under section 4(j)(1), the Director of the Office of Management and Budget shall issue guidance to Federal agencies for the purpose of implementing any recommendations included in such report determined appropriate by the Director of the Office of Management and Budget. (b) Reports on Federal agency progress improving digital identity verification capabilities (1) Annual report on guidance implementation Not later than 1 year after the date of the issuance of guidance under subsection (a), and annually thereafter, the head of each Federal agency shall submit to the Director of the Office of Management and Budget a report on the efforts of the Federal agency to implement that guidance. (2) Public report (A) In general Not later than 450 days after the date of the issuance of guidance under subsection (a), and annually thereafter, the Director shall develop and make publicly available a report that includes— (i) a list of digital identity verification services offered by Federal agencies; (ii) the volume of digital identity verifications performed by each Federal agency; (iii) information relating to the effectiveness of digital identity verification services by Federal agencies; and (iv) recommendations to improve the effectiveness of digital identity verification services by Federal agencies. (B) Consultation In developing the first report required under subparagraph (A), the Director shall consult the Task Force. (3) Congressional report on Federal agency digital identity capabilities (A) In general Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report relating to the implementation and effectiveness of the digital identity capabilities of Federal agencies. (B) Consultation In developing the report required under subparagraph (A), the Director of the Office of Management and Budget shall— (i) consult with the Task Force; and (ii) to the greatest extent practicable, include in the report recommendations of the Task Force. (C) Contents of report The report required under subparagraph (A) shall include— (i) an analysis, including metrics and milestones, for the implementation by Federal agencies of— (I) the guidelines published by the National Institute of Standards and Technology in the document entitled Special Publication 800–63 (commonly referred to as the Digital Identity Guidelines ), or any successor document; and (II) if feasible, any additional requirements relating to enhancing digital identity capabilities identified in the document of the Office of Management and Budget entitled M–19–17 and issued on May 21, 2019, or any successor document; (ii) a review of measures taken to advance the equity, accessibility, cybersecurity, and privacy of digital identity verification services offered by Federal agencies; and (iii) any other relevant data, information, or plans for Federal agencies to improve the digital identity capabilities of Federal agencies. (c) Additional reports On the first March 1 occurring after the date described in subsection (b)(3)(A), and annually thereafter, the Director of the Office of Management and Budget shall include in the report required under section 3553(c) of title 44, United States Code— (1) any additional and ongoing reporting on the matters described in subsection (b)(3)(C); and (2) associated information collection mechanisms. 7. GAO report (a) In general Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the estimated potential savings, due to the increased adoption and widespread use of digital identification, of— (1) the Federal Government from averted benefit fraud; and (2) the economy of the United States and consumers from averted identity theft. (b) Contents Among other variables the Comptroller General of the United States determines relevant, the report required under subsection (a) shall include multiple scenarios with varying uptake rates to demonstrate a range of possible outcomes. | https://www.govinfo.gov/content/pkg/BILLS-117s4528is/xml/BILLS-117s4528is.xml |
117-s-4529 | II 117th CONGRESS 2d Session S. 4529 IN THE SENATE OF THE UNITED STATES July 13, 2022 Mr. Merkley (for himself, Mrs. Gillibrand , Mr. Durbin , Mr. Schatz , Ms. Warren , Mr. Markey , Mr. Sanders , Ms. Hirono , Mrs. Feinstein , Mrs. Murray , Mr. Wyden , Ms. Rosen , Mr. Casey , and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide protections for children in immigration custody, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Children’s Safe Welcome Act of 2022 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Procedures and temporary placements following apprehension Sec. 101. Prohibition on family separation. Sec. 102. Protections for noncitizen children. Sec. 103. Nonadversarial asylum processing for noncitizen children. Sec. 104. Standards for U.S. Customs and Border Protection detention of noncitizen children. Sec. 105. Standards for U.S. Customs and Border Protection facilities housing noncitizen children. Sec. 106. Modification of term asylum officer to exclude officers of U.S. Customs and Border Protection. TITLE II—Standards for Department of Health and Human Services custody of unaccompanied noncitizen children Subtitle A—Standards for foster care homes and childcare facilities Sec. 201. Operation of foster care homes and childcare facilities. Sec. 202. Notice of rights. Sec. 203. Staffing and training. Subtitle B—Services for unaccompanied noncitizen children Sec. 211. Required services. Sec. 212. Evaluation for disability. Sec. 213. Education. Sec. 214. Recreation. Subtitle C—Placement of children Sec. 221. Phasing out large congregate care facilities. Sec. 222. Least restrictive setting. Sec. 223. Foster family care. Sec. 224. Additional requirements relating to children with disabilities and children with mental health needs. Sec. 225. Minimizing transfers. Sec. 226. Restrictive placements. Sec. 227. Judicial review of placement. Subtitle D—Family reunification and standards relating to sponsors Sec. 231. Family reunification efforts by Office of Refugee Resettlement. Sec. 232. Standards relating to sponsors. Sec. 233. Special considerations relating to release of children with disabilities. Subtitle E—Release Sec. 241. Procedures for release. Sec. 242. Post-release services. Sec. 243. Individuals attaining 18 years of age. Sec. 244. Custody review by Ombudsperson. TITLE III—Emergencies and influxes Sec. 301. Sense of Congress. Sec. 302. Definitions. Sec. 303. Placement. Sec. 304. Planning for emergencies and influxes. Sec. 305. Influx facility standards and staffing. Sec. 306. Monitoring and oversight. TITLE IV—Legal representation for unaccompanied noncitizen children Sec. 401. Legal orientation presentations and legal screenings. Sec. 402. Legal representation. TITLE V—Appointment of child advocates and improvements to immigration courts Sec. 501. Appointment of child advocates. Sec. 502. Immigration court improvements. TITLE VI—Oversight, monitoring, and enforcement Sec. 601. Office of the Ombudsperson for Unaccompanied Noncitizen Children in Immigration Custody. Sec. 602. Data collection and reporting. Sec. 603. Enforcement. Sec. 604. Protection from retaliation. Sec. 605. Mandatory access to detention facilities for Members of Congress. TITLE VII—Nondiscrimination Sec. 701. Fair and equal treatment. Sec. 702. Responsibilities of care providers. TITLE VIII—Information sharing and data protection Sec. 801. Separation of records. Sec. 802. Prohibition on use for denial of relief or in removal proceedings. Sec. 803. Disclosure. Sec. 804. Prohibition on information sharing. Sec. 805. Counseling records. Sec. 806. Data protection for sponsors. TITLE IX—Miscellaneous provision Sec. 901. Rule of construction. 2. Definitions In this Act: (1) Accompanied noncitizen child The term accompanied noncitizen child means a noncitizen under the age of 18 years who— (A) has no lawful immigration status in the United States; and (B) is detained in immigration custody while traveling with a parent or legal guardian, including an adoptive parent and a stepparent. (2) Best interests of the child With respect to an accompanied noncitizen child or unaccompanied noncitizen child, the term best interests of the child means a consideration, informed to the extent practicable by the child and the parents or guardian and extended family of the child, that takes into account— (A) the safety and well-being of the child; (B) the expressed interests of the child, taking into account the child's age and stage of development; (C) the physical and mental health of the child; (D) the right of the child to— (i) family integrity; (ii) liberty; and (iii) development; and (E) the identity of the child, including religious, ethnic, linguistic, gender, sexual orientation, and cultural identity. (3) Childcare facility The term childcare facility means a facility operated by the Department of Health and Human Services, or a contractor of the Department of Health and Human Services, that— (A) is a State-licensed program; and (B) provides residential care for unaccompanied noncitizen children. (4) Director The term Director means the Director of the Office of Refugee Resettlement. (5) Early childhood minor The term early childhood minor means an individual who is 12 years of age or younger or has the developmental age of such an individual. (6) Flores settlement agreement The term Flores settlement agreement means the stipulated settlement agreement in Reno v. Flores, as filed in the United States District Court for the Central District of California on January 17, 1997 (CV–85–4544–RJK), including all subsequent court decisions, orders, agreements, and stipulations. (7) Immigration custody The term immigration custody means the physical custody of the Secretary of Health and Human Services or the Secretary of Homeland Security (or the head of any successor agency of the Department of Health and Human Services or the Department of Homeland Security). (8) Influx The term influx means a period during which— (A) not less than 95 percent of the available beds in permanent childcare facilities are occupied; and (B) the average length of care for unaccompanied noncitizen children in the custody of the Secretary of Health and Human Services exceeds 35 days. (9) Influx facility The term influx facility means any public or private facility established to provide temporary emergency shelter and services for unaccompanied noncitizen children during an influx or emergency. (10) Noncitizen The term noncitizen means an individual who is not a citizen or national of the United States. (11) Nonparent family member With respect to an unaccompanied noncitizen child apprehended with a nonparent family member, the term nonparent family member means an individual who is— (A) 18 years of age or older; and (B) a relative of such child, including a grandparent, aunt, uncle, first cousin, sibling, and fictive kin. (12) Ombudsperson The term Ombudsperson means the Ombudsperson of the Office of the Ombudsperson for Unaccompanied Noncitizen Children established under section 601. (13) Out-of-network facility The term out-of-network facility means any public or private facility, including a mental health facility, or any other location that— (A) is used to provide residential care for unaccompanied noncitizen children; and (B) is not an Office of Refugee Resettlement facility. (14) Prospective sponsor The term prospective sponsor means an individual or entity who applies for custody of an unaccompanied noncitizen child. (15) Secretary The term Secretary means the Secretary of Health and Human Services. (16) Secure facility The term secure facility means any public or private facility that is opened by a program, agency, or organization that is licensed by an appropriate State agency to provide residential care for children who have been adjudicated delinquent. (17) Special needs noncitizen child The term special needs noncitizen child — (A) (i) means a noncitizen under the age of 18 years, the mental or physical condition of whom requires special services or medical equipment and special treatment by the staff of a childcare facility; and (ii) includes such an individual who— (I) has special needs due to drug or alcohol abuse, serious emotional disturbance, mental illness, developmental or cognitive delay, or a physical condition or chronic illness that requires special services or treatment; (II) is an individual with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 )); or (III) requires special services or treatment as a result of neglect or abuse; and (B) in the case of a child who is 12 years of age or older, means such a child who consents to such designation, services, and treatment. (18) Sponsor The term sponsor means an individual or entity who has been approved by the Director to assume custody of an unaccompanied noncitizen child on release from the custody of the Secretary. (19) Staff-secure facility The term staff-secure facility — (A) means any public or private facility that is licensed by an appropriate State agency to provide residential care for children who have been determined to require close or intensive care in accordance with section 226(c)(3); and (B) does not include a facility that provides residential care to children who have been adjudicated delinquent. (20) State-licensed program The term State-licensed program means any public or private program, agency, or organization licensed by an appropriate State agency to provide residential, group, or foster care services for unaccompanied noncitizen children (including a program operating group homes, foster homes, or facilities for special needs noncitizen children) that complies with applicable— (A) State child welfare laws, regulations, and policies; (B) State and local building, fire, health, and safety laws and regulations; (C) Federal, State, and local human rights and privacy laws, as applicable; and (D) State staffing and training requirements. (21) Unaccompanied noncitizen child The term unaccompanied noncitizen child has the meaning given the term unaccompanied alien child in section 462(g) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g) ). I Procedures and temporary placements following apprehension 101. Prohibition on family separation (a) In general An accompanied noncitizen child shall remain physically together with their parent or legal guardian at all times while in the custody of the Secretary of Homeland Security or the Secretary of Health and Human Services, unless— (1) the accompanied noncitizen child requests privacy temporarily; (2) during the screening process, a determination is made based on clear and convincing evidence that the parent or legal guardian of the accompanied noncitizen child, or the adult caregiver of the child who has been determined by a child welfare expert to be suitable to provide care and physical custody of the child in the United States, presents an imminent threat to United States national security or is inadmissible under subparagraphs (C)(i), (E), (G), or (I) of section 212(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(2) ); or (3) the child protection professional documents based on clear and convincing evidence that the continued care of the accompanied noncitizen child by the parent or legal guardian is likely to result in serious emotional or physical damage to the child. (b) Termination of separation In the case of a separation under paragraph (2) or (3) of subsection (a), as soon as practicable after the potential damage to the child is sufficiently mitigated or remedied— (1) in the case of a child in the custody of the Secretary of Health and Human Services, the Secretary of Health and Human Services shall return the child to the individual from whom they were separated; and (2) in the case of a child in the custody of the Secretary of Homeland Security, the Secretary of Homeland Security shall release the individual in accordance with subsection (a)(5) of section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 ), as amended by section 102. (c) Challenge to separation In the case of a separation under paragraph (2) or (3) of subsection (a), the Secretary of Homeland Security shall— (1) notify the parents, legal guardians, and accompanied children concerned of their— (A) right to challenge such separation under titles VI and VII; and (B) private right of action to seek review before a district court of the United States; and (2) provide a copy of any determination, evidence, arrest warrants, or other documentation supporting such separation to such individuals and their attorneys. (d) Treatment of unaccompanied children traveling with certain caregivers Unaccompanied children traveling with nonparent or nonlegal guardian caregivers shall be treated by the Secretary of Health and Human Services in accordance with paragraph (3)(C) of section 235(b) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(b) ), as amended by section 102. 102. Protections for noncitizen children Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 ) is amended— (1) by striking unaccompanied alien child each place it appears and inserting unaccompanied noncitizen child ; (2) by striking unaccompanied alien child's each place it appears and inserting unaccompanied noncitizen child's ; (3) by striking unaccompanied alien children each place it appears and inserting unaccompanied noncitizen children ; (4) by striking unaccompanied alien children's each place it appears and inserting unaccompanied noncitizen children's ; (5) in subsection (a)— (A) by striking paragraphs (2) and (4); (B) by redesignating paragraphs (3) and (5) as paragraphs (2) and (3), respectively; (C) in paragraph (2), as redesignated, in the paragraph heading, by striking other and inserting unaccompanied noncitizen ; (D) in paragraph (3), as redesignated— (i) in subparagraph (C), in the subparagraph heading, by striking unaccompanied alien children and inserting unaccompanied noncitizen children ; and (ii) in subparagraph (D), in the matter preceding clause (i), by striking , except for an unaccompanied alien child from a contiguous country subject to exceptions under subsection (a)(2), ; and (E) by inserting after paragraph (3), as redesignated, the following: (4) Child protection professionals at the border (A) In general The Secretary of Homeland Security shall ensure that a licensed child protection professional is physically present to provide onsite expertise at each— (i) land port of entry at which noncitizen children are most likely to enter; (ii) Border Patrol station on the southern border; and (iii) U.S. Customs and Border Protection processing facility and reception center, regardless of whether such facility or center is temporary in nature. (B) Qualifications (i) In general Such a child protection professional shall— (I) be licensed in social work; (II) have direct experience providing trauma-informed care to children who have experienced trauma; and (III) subject to clause (ii), be proficient in Spanish or 1 of the top 5 most common languages spoken by noncitizen children in the past 5 years. (ii) Phase-in of language proficiency During the 3-year period beginning on the date of the enactment of the Children’s Safe Welcome Act of 2022 , 25 percent of the child protection professionals hired by the Secretary of Homeland Security to carry out the duties under this section shall be exempt from clause (i)(III). (C) Oversight of care Such a child protection professional shall oversee the care of noncitizen children in U.S. Customs and Border Protection facilities, consistent with the standards established under sections 104 and 105 of the Children’s Safe Welcome Act of 2022 , including by ensuring access to adequate food, hydration, hygiene necessities, medical care, and other services the child protection professional considers necessary. (5) Release of children apprehended with parents, adoptive parents, or legal guardians In the case of a child apprehended with a parent, adoptive parent, or legal guardian, the Secretary of Homeland Security shall— (A) release the child together with the parent, adoptive parent, or legal guardian, as applicable; and (B) ensure that the child is provided with support from a qualified nongovernmental community-based organization with experience providing services to immigrant, refugee, and asylum-seeking populations. (6) Release of children apprehended with nonparent family members In the case of a child apprehended with a nonparent family member determined under subsection (b)(3)(C)(iii) to be an appropriate sponsor for the child, the Secretary of Health and Human Services shall— (A) release the child together with the nonparent family member; and (B) ensure that the child is provided with support from a qualified nongovernmental community-based organization with experience providing services to immigrant, refugee, and asylum-seeking populations. (7) Prohibition on operation of family detention facilities The Federal Government may not operate, under any circumstance, a family detention facility. ; (6) in subsection (b)— (A) in paragraph (1), in the paragraph heading, by striking unaccompanied alien children and inserting unaccompanied noncitizen children ; (B) in paragraph (3)— (i) in the paragraph heading, by striking unaccompanied alien children and inserting unaccompanied noncitizen children ; (ii) by striking Except in the case of exceptional circumstances, and inserting the following: (A) In general Except in the case of exceptional circumstances, subject to subparagraph (B), ; and (iii) by adding at the end the following: (B) Limitation on U.S. Customs and Border Protection custody Under no circumstance may the Commissioner hold an unaccompanied or accompanied noncitizen child in custody for more than 72 hours. (C) Reception centers (i) Designation The Commissioner shall designate 1 or more reception centers located within 100 miles of each port of entry and each Border Patrol Station on the southern border for the purpose of conducting expedited evaluations described in clause (iii). (ii) Transfer In the case of an unaccompanied noncitizen child apprehended with a nonparent family member, the Commissioner shall immediately transfer the child and his or her 1 or more nonparent family members, as applicable, to a reception center designated under clause (i) for the purpose of an evaluation under clause (iii). (iii) Expedited evaluations (I) In general On the arrival of an unaccompanied noncitizen child apprehended with a nonparent family member at a designated reception center, a Federal field specialist of the Department of Health and Human Services shall evaluate the child to determine whether he or she may be released safely from U.S. Customs and Border Protection custody to the nonparent family member with whom the child was apprehended. (II) Private space The Commissioner shall make available in each designated reception center a private space in which such Federal field specialists may carry out such evaluations. (iv) Staffing (I) Federal field specialists (aa) In general Federal field specialists of the Department of Health and Human Services shall be detailed to designated reception centers for brief periods to ensure the independence of Department of Health and Human Services staff from the duties and functions of U.S. Customs and Border Protection. (bb) Duties A Federal field specialist detailed to a designated reception center shall verify family relationships and screen each unaccompanied noncitizen child apprehended with a nonparent family member for safety concerns using existing or newly developed Department of Health and Human Services tools and skills, including document review, observation, and interviews of the child and family members. (II) Case managers and case coordinators (aa) In general Case managers and case coordinators of the Department of Health and Human Services shall be detailed to designated reception centers for brief periods to ensure the independence of Department of Health and Human Services staff from the duties and functions of U.S. Customs and Border Protection. (bb) Duties A case manager or case coordinator detailed to a designated reception center shall assist the Federal field specialist at the reception center in verifying family relationships and screening each unaccompanied noncitizen child apprehended with a nonparent family member for safety concerns using existing or newly developed Department of Health and Human Services tools and skills, including document review, observation, and interviews of the child and family members. (III) Legal services providers The Secretary of Health and Human Services shall enter into 1 or more contracts with nongovernmental legal services providers to provide legal orientation presentations to accompanied noncitizen children and unaccompanied noncitizen children apprehended with nonparent family members and their parents or legal guardians or nonparent family members, as applicable, under consideration for expedited release under this subparagraph. (v) Release decision The Secretary of Health and Human Services shall make a determination with respect to expedited release under this subparagraph not later than 72 hours after the child has been determined to be an unaccompanied noncitizen child. (vi) Release of nonparent family member (I) In general If the Secretary of Health and Human Services determines that the nonparent family member of an unaccompanied noncitizen child apprehended with a nonparent family member is a safe sponsor, and the applicable Federal field specialist and case manager or case coordinator have verified the family relationship, the Commissioner shall approve the release of the nonparent family member for the purpose of reunification with the child. (II) Retention of unaccompanied noncitizen child determination An unaccompanied noncitizen child released to a nonparent family member who is released under subclause (I) shall retain his or her determination as an unaccompanied noncitizen child. (III) Post-release counsel and services The Secretary of Health and Human Services shall provide to each child released to a nonparent family member who is released under subclause (I) post-release counsel and services, such as legal counsel, in the location in which the child's removal proceedings are scheduled. (vii) Transfer to office of refugee resettlement custody (I) In general If the Secretary of Health and Human Services cannot make a determination with respect to whether a nonparent family member is an imminent substantial and credible threat to a child within 72 hours after the Commissioner has made the unaccompanied noncitizen child determination, or if an unaccompanied noncitizen child apprehended with a nonparent family member is denied expedited release under this subparagraph— (aa) such child shall be placed in the least restrictive setting; (bb) notice shall be provided to the nonparent family member with respect to— (AA) the reason for the inability to timely make such determination or for the denial; and (BB) the location of the child's transfer and any subsequent transfer; and (cc) the family relationship shall be documented. (II) Appointment of child advocate In the case of a child denied expedited release under this subparagraph, the Secretary of Health and Human Services shall appoint a child advocate for the child. (viii) Prohibition The adjudication of asylum applications shall not be carried out in a reception center designated under this subparagraph. (D) Transportation (i) In general Except as provided in clause (ii), the Commissioner may not transport any unaccompanied noncitizen child in a vehicle with a detained adult who is not related to the child. (ii) Exception (I) In general The Commissioner may transport an unaccompanied noncitizen child in a vehicle with such an adult only from the place of arrest or apprehension to a U.S. Customs and Border Protection facility. (II) Precautions In transporting an unaccompanied noncitizen child under subclause (I), the Commissioner shall take necessary precautions for the protection and well-being of the unaccompanied noncitizen child. ; and (C) by adding at the end the following: (5) Substantive and procedural protections (A) In general On a determination that a child is an unaccompanied noncitizen child, the unaccompanied noncitizen child shall be afforded, for the duration of the unaccompanied noncitizen child's removal proceedings, all substantive and procedural protections provided under this section and any other applicable Federal law. (B) Unaccompanied noncitizen child determination No Federal agency, officer, or personnel may— (i) reevaluate or revoke a determination that a child is an unaccompanied noncitizen child; or (ii) deny or impede access to any protection provided for unaccompanied noncitizen children under Federal law, including on the basis of— (I) the reunification of an unaccompanied noncitizen child with a parent or legal guardian; (II) the release of an unaccompanied noncitizen child to a nonparent family member in accordance with subsection (b)(3)(C)(vi); or (III) an unaccompanied noncitizen child having attained 18 years of age. ; (7) in subsection (d)(8), in the paragraph heading, by striking unaccompanied alien children and inserting unaccompanied noncitizen children ; (8) by striking subsection (g); (9) by redesignating subsections (h) and (i) as subsections (g) and (h), respectively; and (10) by adding at the end the following: (i) Access to counsel, legal orientation, and child advocates for all children in custody Each child in immigration custody, including accompanied noncitizen children, shall receive a legal orientation presentation and have access to legal counsel and child advocates. (j) Treatment of adult family members apprehended with children (1) In general A parent or legal guardian or a nonparent family member who is apprehended with a child shall be placed in removal proceedings under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ). (2) Requirement Such a parent or legal guardian or nonparent family member and the child concerned shall be provided an opportunity— (A) to consult, independently and jointly, legal counsel; and (B) to request such measures as may be necessary to ensure— (i) full and fair consideration of their cases for relief from removal; and (ii) the best interests of the child. (k) Removal proceedings for accompanied noncitizen children With respect to an accompanied noncitizen child, the child and their parent or legal guardian may only be placed in removal proceedings under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ). (l) Definitions In this section: (1) Accompanied noncitizen child The term accompanied noncitizen child means a noncitizen under 18 years of age who— (A) has no lawful immigration status in the United States; and (B) is apprehended while traveling with a parent, adoptive parent, or legal guardian. (2) Commissioner The term Commissioner means the Commissioner of U.S. Customs and Border Protection. (3) Danger of abuse or neglect at the hands of the parent, legal guardian, or nonparent family member The term danger of abuse or neglect at the hands of the parent, legal guardian, or nonparent family member shall not mean migrating to or crossing the United States border. (4) Nonparent family member With respect to an unaccompanied noncitizen child apprehended with a nonparent family member, the term nonparent family member means an individual who is— (A) 18 years of age or older; and (B) a relative of such child, including a grandparent, aunt, uncle, first cousin, sibling, and fictive kin. (5) Unaccompanied noncitizen child The term unaccompanied noncitizen child has the meaning given the term unaccompanied alien child in section 462(g) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g) ). (6) Unaccompanied noncitizen child apprehended with a nonparent family member The term unaccompanied noncitizen child apprehended with a nonparent family member means an unaccompanied noncitizen child who is apprehended while traveling with a nonparent family member. . 103. Nonadversarial asylum processing for noncitizen children Section 208(b)(3)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(3)(C) ) is amended to read as follows: (C) Nonadversarial asylum processing for children The Director of U.S. Citizenship and Immigration Services shall have jurisdiction over the asylum application of an individual who— (i) has been classified as an unaccompanied noncitizen child (as defined in section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 )), regardless of the age or marital status of the individual on the date on which he or she files an asylum application; (ii) was a child apprehended with a parent, adoptive parent, or legal guardian, regardless of the age or marital status of the individual on the date on which he or she files an asylum application; or (iii) is the parent or legal guardian of an individual described in clause (ii). . 104. Standards for U.S. Customs and Border Protection detention of noncitizen children (a) Initial processing of noncitizen children and families with noncitizen children (1) In general The Commissioner of U.S. Customs and Border Protection (referred to in this title as the Commissioner ) may only detain a noncitizen child for the purpose of initial processing. (2) Time limitation Under no circumstance may the Commissioner detain a family with a noncitizen child for more than 72 hours. (b) Prioritization of best interests of the child and family unity In all decisions undertaken by the Commissioner with respect to the detention of a noncitizen child, the Commissioner shall prioritize— (1) the best interests of the noncitizen child; and (2) in the case of a noncitizen child apprehended with a parent, legal guardian, or any other adult family member, family unity. 105. Standards for U.S. Customs and Border Protection facilities housing noncitizen children (a) In general A noncitizen child may not be housed in a U.S. Customs and Border Protection facility that is not in compliance with this Act or the amendments made by this Act. (b) National Standards on Transport, Escort, Detention, and Search (1) Review Not later than 180 days after the date of the enactment of this Act, the Commissioner, in consultation with stakeholder organizations that serve immigrant and refugee children and families, shall conduct a review of the U.S. Customs and Border Protection standards entitled National Standards on Transport, Escort, Detention, and Search issued in October 2015, to identify necessary improvements with respect to the treatment and care of noncitizen children in U.S. Customs and Border Protection custody. (2) Revision Not later than 90 days after the date on which the review required by paragraph (1) is completed, the Commissioner shall revise such standards to incorporate the improvements identified by the review. (3) Compliance Not later than 180 days after the revision under paragraph (2), each U.S. Customs and Border Protection facility that houses 1 or more noncitizen children shall attain compliance with the revised standards. (c) Facility requirements (1) In general The Commissioner shall ensure that each U.S. Customs and Border Protection facility that houses 1 or more noncitizen children is safe and sanitary and promotes an appropriate and healthy environment for children. (2) Children's area (A) In general The Commissioner shall ensure that each U.S. Customs and Border Protection facility that houses 1 or more noncitizen children includes a dedicated physical environment that is appropriate for children of all ages and stages of development (referred to in this paragraph as a children’s area ). (B) Elements Each children's area shall be colorful and include— (i) low, warm lights; (ii) child-sized furniture and equipment, including developmentally appropriate books and toys that facilitate structured and unstructured play; (iii) child-friendly images and displays; (iv) a children’s bathroom; (v) a diaper-changing area and access to sanitation; (vi) nursing chairs for breastfeeding mothers; and (vii) an area in which children may sit and rest comfortably. (C) Staffing Each children's area shall be staffed by 1 or more individuals who are professionally trained and licensed to provide services to children, including licensed childcare workers, licensed pediatric health professionals, and licensed child welfare professionals. (3) Medical screening and care (A) In general The Commissioner shall ensure that— (i) except as provided in subparagraph (F)(i), not later than 6 hours after the arrival of a noncitizen child at a U.S. Customs and Border Protection facility, the child receives a medical screening conducted by a licensed physician, advanced practice provider, nurse, or physician's assistant in accordance with this paragraph; (ii) a noncitizen child in the custody of the Commissioner shall have unrestricted access to appropriate medication for the management of an illness or injury of the child; (iii) in the case of such a child with a medical assistive device or other health care support item, the noncitizen child, or the parent, legal guardian, or other adult family member of the child, is permitted unrestricted access to the device or item; (iv) on release from such custody, a noncitizen child, or the parent, legal guardian, or other adult family member of the child, is provided with documentation of the child's medical screening and care, including the need for any followup while in such custody, in accordance with subparagraph (B)(viii); and (v) medication in possession of a noncitizen child, or in the possession of the child's parent, legal guardian, or other adult family member, on arrival shall not be destroyed or discarded before the review and determination under subparagraph (B)(vi) occur. (B) Duties of medical professional With respect to a medical screening required by subparagraph (A) and the care of a noncitizen child at a U.S. Customs and Border Protection facility, a licensed physician, advanced practice provider, nurse, or physician's assistant attending the child at the facility shall— (i) assess and identify any illness, condition, or physical ailment; (ii) identify any acute condition or high-risk vulnerability; (iii) ensure that appropriate health care is provided to the child as necessary, including pediatric and reproductive health care; (iv) in the case of a child under 14 years of age, conduct a physical examination of the child in the presence of a parent, legal guardian, or family member; (v) in the case of a child who is 14 years of age or older— (I) provide the child with the choice of— (aa) a physical examination in the presence of a parent, legal guardian, or other adult family member; or (bb) a private physical examination without the presence of a parent, legal guardian, or other adult family member; and (II) conduct such examination in accordance with the child's preference; (vi) review any medication that is in the possession of the child on arrival to determine whether the medication shall be kept by the child or the child's parent, legal guardian, or other adult family member, as applicable; (vii) in the case of a medication described in clause (vi) that may not be kept by the child or the child's parent, legal guardian, or other adult family member for medical storage purposes, such as a medication that requires refrigeration, ensure storage with appropriate access for the child's use while in U.S. Customs and Border Protection custody; and (viii) ensure that the medical screening and care under this paragraph, and any other medical evaluation of or intervention for the child conducted while the child is in the custody of the Commissioner, is documented in accordance with commonly accepted standards in the United States for medical records documentation. (C) Procedures for medical screenings The Commissioner shall establish procedures for medical screenings and examinations under this paragraph that are consistent with— (i) relevant guidelines set forth in the American Medical Association Code of Medical Ethics; and (ii) the recommendations of the American Academy of Pediatrics and the American College of Obstetricians and Gynecologists. (D) Language services The Commissioner shall ensure— (i) the availability of in-person, language-appropriate interpretation services, including indigenous languages, for each noncitizen child in the custody of the Commissioner during any medical screening or examination; and (ii) that noncitizen children in such custody are informed of the availability of such services. (E) Location of medical screenings The Commissioner shall ensure that medical screenings, examinations, and any followup care under this paragraph are conducted in a location that— (i) is private and provides a comfortable and considerate atmosphere for children; (ii) ensures each noncitizen child's dignity and right to privacy; and (iii) contains all necessary and appropriate medical equipment and supplies, including basic over-the-counter medications appropriate for all age groups. (F) Acute medical conditions (i) In general The Commissioner shall ensure that any noncitizen child exhibiting symptoms of an acute medical condition, or who is at risk for an acute medical condition, receives immediate care from a licensed physician, advanced practice provider, nurse, or physician's assistant. (ii) Transfer to local health care facility (I) In general If appropriate medical care cannot be provided for a noncitizen child described in clause (i) at a U.S. Customs and Border Protection facility, the Commissioner shall expeditiously transfer the child to a local medical facility. (II) Accompaniment by family In the case of a noncitizen child transferred under subclause (I), 1 or more parents, legal guardians, or other adult family members, siblings, or fictive kin shall be permitted to accompany the child to such medical facility. (iii) Ongoing availability of transportation The Commissioner shall maintain— (I) appropriate transportation at each U.S. Customs and Border Protection facility that houses 1 or more noncitizen children to ensure the availability of transport to outside medical facilities in the case of a medical emergency; or (II) an on-call service to provide such transportation to such a facility within 30 minutes. (G) Rule of construction Nothing in this paragraph shall be construed to require a noncitizen child, parent, legal guardian, or nonparent family member to disclose the child’s medical history. (4) Services and supplies The Commissioner shall ensure that each U.S. Customs and Border Protection facility that houses 1 or more noncitizen children is in compliance with the following standards at all times: (A) Temperature The temperature inside the facility shall be maintained between 68 and 73 degrees Fahrenheit. (B) Ventilation The facility shall comply with the most recent guidance issued by the Centers for Disease Control and Prevention with respect to ventilation in buildings to mitigate the spread of COVID–19. (C) Food and Water (i) In general Food shall be provided— (I) in a manner that follows Federal food safety laws and regulations; and (II) according to the guidelines of the American Association of Pediatrics and the American College of Obstetricians and Gynecologists with respect to nutrition, consistency, calories, and portion size, consistent with the age of each child. (ii) Meals and snacks (I) Arrival On arrival at the facility, a child shall be provided with a healthy, nutritious, and culturally appropriate meal. (II) Meals Meals shall— (aa) be served daily to all noncitizen children for breakfast, lunch, and dinner, of which not fewer than 2 meals daily shall be served hot; and (bb) include a variety of fresh fruit, vegetables, a protein, and grains. (III) Snacks Noncitizen children shall have unrestricted access to healthy snacks. (IV) Limitation on unhealthful foods The availability of highly processed foods and sugars shall be limited. (iii) Water Each noncitizen child shall— (I) be provided with not less than 1 gallon of drinking water or age-appropriate fluids daily; and (II) have unrestricted access to drinking water. (iv) Accommodation A noncitizen child's individual dietary needs or restrictions shall be accommodated. (v) Special considerations for infants and young children (I) Bottle feeding (aa) In general On arrival at a facility, the parent, legal guardian, or other family member of a noncitizen child using a bottle for feeding shall be offered 2 clean baby bottles, a bottle brush, dish soap, and enough bottled water and baby formula for at least 3 bottles. (bb) Additional supplies Additional baby formula and bottled water shall be provided on request of the parent, legal guardian, or other family member. (II) Breastfeeding In the case of any noncitizen child who is breastfeeding at the time of arrival at the facility— (aa) continued breastfeeding shall be supported; and (bb) the breastfeeding mother of each such noncitizen child shall be provided with privacy, blankets, a quiet area for breastfeeding, a nursing chair, and adequate amounts of food and water consistent with the dietary needs of a breastfeeding mother. (D) Hygiene (i) Clothes and shoes Each noncitizen child shall be provided with a set of clean clothes, and on request, a pair of shoes in good condition. (ii) Showers (I) In general Each noncitizen child shall be provided access to a hot shower with a barrier for privacy. (II) Access A noncitizen child shall be provided access to additional hot showers on request. (III) Temperature Hot water for a shower under this clause shall be set at a temperature consistent with the temperature required under childcare facility standards for childcare facilities licensed in the State in which the facility is located. (iii) Menstruation supplies Each female noncitizen child shall be offered immediately a supply of tampons and pads at no cost. (iv) Diapering (I) In general The parent, legal guardian, or other family member of each noncitizen child using diapers shall be provided immediately with 3 size-appropriate diapers and a packet of diaper wipes. (II) Additional diapers Additional diapers and diaper wipes shall be provided on request at no cost. (III) Diaper changing area The parent, legal guardian, or other family member of each such noncitizen child shall be provided— (aa) access to a safe and sanitary area in which to change the child's diaper; (bb) a clean diaper changing pad; and (cc) a handwashing station. (v) Bathrooms Each noncitizen child shall be provided access to bathrooms. (E) Sleep (i) Mats, blankets, and pillows (I) In general On arrival, each noncitizen child shall be provided with a clean mat that is not less than 3 inches thick, a clean cloth blanket, and a clean pillow. (II) Additional blankets A noncitizen child shall be provided with additional blankets on request by the child or the parent, legal guardian, or other family member of the child. (ii) Quiet location On request or if there are signs of a noncitizen child feeling tired, the child shall be provided with access to a quiet location in which to sleep that has dimmed lights. (iii) Schedule Between the hours of 9:00 p.m. and 6:00 a.m.— (I) noncitizen children shall have access to lighting that is safe and conducive to sleep; and (II) noise shall be at a level conducive to sleep. (F) Recreation (i) In general Noncitizen children shall have access to age-appropriate recreational activities, including indoor and outdoor spaces for physical activity, toys, art supplies, sports equipment, and books. (ii) Outdoor play Noncitizen children shall be allowed to play outside for not less than 30 minutes every 3 hours during daylight hours. (G) Religious practice Noncitizen children shall be permitted to practice their religion or to not practice a religion, as applicable. (5) Notice of rights (A) In general The Ombudsperson shall develop a notice of children's rights, which shall be posted in each U.S. Customs and Border Protection facility that houses children in any location in which noncitizen children are located. (B) Description of rights The notice required by subparagraph (A) shall include— (i) a description of— (I) all rights afforded to a noncitizen child under section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 ) and this Act; (II) the right to a bond redetermination hearing; and (III) existing mechanisms by which children may seek to enforce their rights; and (ii) a list of free legal services providers and contact information for such providers. (C) Format and languages (i) In general Such notice shall be— (I) written in a manner that is child friendly and age-appropriate; and (II) made available and posted in multiple languages, including English, Spanish, French, Hindi, Bengali, Punjabi, Swahili, Mandarin Chinese, Russian, Standard Arabic, Portuguese, Haitian Creole, K’iche’, Q’eqchi’, Kaqchikel, Mam, Q’anjob’al, and Ixil. (ii) Additional languages The Ombudsperson may require such notice to be made available and posted in any additional language the Ombudsperson considers necessary based on the demographics of arriving noncitizen children. (D) Availability A child protection professional of the Department of Homeland Security shall provide each noncitizen child with such notice on the child's arrival at the U.S. Customs and Border Protection facility. (d) Separation from unfamiliar adults (1) In general Except as provided in paragraph (2), an unaccompanied noncitizen child in the custody of the Commissioner shall be physically separated from any adult who is not related to the child. (2) Immediate separation not feasible In any circumstance in which such separation is not immediately feasible, such as during transport to a U.S. Customs and Border Protection facility, an unaccompanied noncitizen child shall not be left alone with such an adult or detained with such an adult for more than 6 hours. (e) Staff training (1) In general The Commissioner shall ensure that— (A) the staff of each U.S. Customs and Border Protection facility in which 1 or more noncitizen children are housed receives training on responding to the needs of children and families exposed to trauma, including training on— (i) the principles and practices of trauma-informed care and psychological first aid; (ii) vicarious traumatization and secondary stress; and (iii) recognizing the signs of a child in medical distress; and (B) every effort is made to ensure that the safety and well-being of noncitizen children in U.S. Customs and Border Protection custody are satisfactorily provided for by facility staff. (2) Rulemaking (A) In general The Commissioner shall issue regulations that require Border Patrol and Office of Field Operations officials to participate in regular training so as to ensure that such officials treat all individuals in their custody with dignity, prevent abuse, and ensure constitutionally guaranteed and humane conditions of confinement. (B) Elements The regulations required by subparagraph (A) shall do the following: (i) Prohibit U.S. Customs and Border Protection officials from— (I) discussing immigration outcomes with detained individuals; and (II) using derogatory language towards individuals in their custody. (ii) Address matters of child development, mental health and trauma, children with special needs, cultural competency, and any other matter the Commissioner considers appropriate. (iii) Require foreign language competency and interview protocols in cases in which interpretation is required. (iv) Require continuing education in any subject necessary to ensure compliance with this Act or the amendments made by this Act. (f) Monitoring and oversight (1) In general Compliance of U.S. Customs and Border Protection facilities with this Act and section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 ) shall be monitored by the Ombudsperson, in accordance with section 601. (2) Posting of Ombudsperson's contact information (A) In general The Commissioner shall post, in each U.S. Customs and Border Protection facility in which 1 or more noncitizen children are housed, the contact information for the Ombudsperson in multiple languages, including English, Spanish, French, Hindi, Bengali, Punjabi, Swahili, Mandarin Chinese, Russian, Standard Arabic, Portuguese, Haitian Creole, K’iche’, Q’eqchi’, Kaqchikel, Mam, Q’anjob’al, and Ixil. (B) Additional languages The Ombudsperson may require such contact information to be posted in any additional language the Ombudsperson considers necessary based on the demographics of arriving noncitizen children. (g) Age assessments (1) In general Any individual who claims to be under the age of 18 years shall be presumed to be so and shall be treated according to the law and standards applicable to noncitizen children in immigration custody, unless following an age assessment, it is established by clear and convincing evidence that the individual is 18 years of age or older. (2) Requirements (A) In general An age assessment may only be conducted if the Secretary or Secretary of Homeland Security has recent, credible, and documented evidence that the individual concerned is 18 years of age or older. (B) Considerations If an age assessment is conducted, the Secretary and the Secretary of Homeland Security shall take into consideration, to the extent such information is readily available— (i) written or photographic evidence; (ii) statements and representations of the individual concerned and of the family and community members who know such individual; and (iii) the relevant cultural and ethnic context. (C) Prohibited methods The Secretary or the Secretary of Homeland Security may not— (i) conduct any medical age assessment that consists of imaging studies, such as bone or dental radiography, dental examinations, or height, weight, skin, or sexual maturity ratings; or (ii) rely on the physical appearance of a child to justify an age assessment. (D) Legal counsel (i) In general An individual with respect to whom an age assessment is conducted shall be provided with legal counsel before receiving such assessment and may not be removed before receiving such counsel. (ii) Evidence Legal counsel provided under clause (i) shall be provided with all evidence upon which the Secretary or the Secretary of Homeland Security relies to justify conducting an age assessment or to support an age assessment determination. 106. Modification of term asylum officer to exclude officers of U.S. Customs and Border Protection Section 235(b)(1)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(E) ) is amended— (1) in clause (i), by striking , and and inserting a semicolon; (2) in clause (ii), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (iii) is employed by the Refugee, Asylum, and International Operations Directorate of U.S. Citizenship and Immigration Services. . II Standards for Department of Health and Human Services custody of unaccompanied noncitizen children A Standards for foster care homes and childcare facilities 201. Operation of foster care homes and childcare facilities (a) In general An entity contracted by the Director to operate a childcare facility shall be licensed by an appropriate State agency to provide residential, group, or foster care services for dependent children. (b) Operation as nonsecure facilities Each foster care home operated by a State-licensed program contracted by the Director to provide care for 1 or more unaccompanied noncitizen children, and each childcare facility, including any facility for special needs noncitizen children, shall be maintained as a nonsecure facility, in accordance with applicable State law. 202. Notice of rights (a) In general The Ombudsperson shall develop a notice of children's rights in childcare facilities, which shall be— (1) posted in each childcare facility in all locations in which unaccompanied noncitizen children are located; and (2) distributed to each unaccompanied noncitizen child on arrival at a childcare facility. (b) Description of rights The notice required by subsection (a) shall include— (1) a description of— (A) all rights afforded to an unaccompanied noncitizen child under section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 ) and this Act; (B) the right to a bond redetermination hearing; and (C) existing mechanisms by which children may seek to enforce their rights; and (2) a list of free legal services providers and contact information for such providers. (c) Format and languages (1) In general Such notice shall be— (A) written in a manner that is child friendly and age-appropriate; and (B) made available and posted in multiple languages, including English, Spanish, French, Hindi, Bengali, Punjabi, Swahili, Mandarin Chinese, Russian, Standard Arabic, Portuguese, Haitian Creole, K’iche’, Q’eqchi’, Kaqchikel, Mam, Q’anjob’al, and Ixil. (2) Additional languages The Ombudsperson may require that such notice be made available and posted in any additional language the Ombudsperson considers necessary based on the demographics of arriving noncitizen children. (d) Orientation to role of Office of the Ombudsperson Each State-licensed program that operates a childcare facility shall provide to each unaccompanied noncitizen child in its care— (1) information about the Office of the Ombudsperson; and (2) the contact information for the Office of the Ombudsperson. 203. Staffing and training (a) Federal field specialists The Director shall— (1) maintain for each childcare facility a reasonable Federal field specialist-to-unaccompanied noncitizen child ratio; (2) hire additional Federal field specialists as necessary to ensure that, for the majority of unaccompanied noncitizen children in the custody of the Secretary, a decision regarding their release can be made by Federal field specialists not later than 48 hours after the approval of a release recommendation to a sponsor; and (3) develop and manage a plan for expeditiously placing unaccompanied noncitizen children who have no identified sponsor in the least restrictive setting that most approximates a family. (b) Case management specialists The Director shall ensure that each State-licensed program that operates a childcare facility— (1) maintains a ratio of 8 unaccompanied noncitizen children to each case management specialist; (2) provides training for case management specialists that enables the Department of Health and Human Services to meet required timelines for the reunification of unaccompanied noncitizen children in accordance with section 231(c); and (3) develops accountability measures with respect to the adherence of case management specialists to such timelines. (c) Contingency fund To address emergent needs (1) In general In addition to amounts otherwise available, there is appropriated to the Secretary of Health and Human Services, out of any money in the Treasury not otherwise appropriated, $46,500,000, to remain available until expended, for a contingency fund (referred to in this section as the Fund ) for the hiring of case management specialists as required by an influx or any other emergent situation for the purpose of facilitating the release process and minimizing the risk that childcare facilities reach full capacity. (2) Use of fund (A) Discretionary use The Director may draw upon the Fund to reduce the ratio to 6 unaccompanied noncitizen children for each case management specialist if— (i) the national utilization rate (excluding funded but unplaceable beds and calculated as the number of filled beds divided by the number of beds available for placement, expressed as a percentage) reaches or exceeds 65 percent in any week; or (ii) the Director certifies to Congress that the rate of increase in childcare facility usage, as calculated by the Director for purposes of section 602(b)(3)(F)(i)(VI), has led the Director to believe that such national utilization rate will reach 90 percent in any week during the subsequent 10-week period. (B) Mandatory use The Director shall draw upon the Fund to reduce the ratio to 6 unaccompanied noncitizen children for each case management specialist if such national utilization rate reaches or exceeds 90 percent in any week. (d) Training (1) In general With respect to the personnel of a State-licensed program that operates a childcare facility, the Director shall provide regular in-person training, and a coaching plan with support for 30 days, for such personnel who interact with unaccompanied noncitizen children, including youth care workers, that is— (A) specific to the age and gender of the unaccompanied noncitizen children at the specific childcare facility; and (B) consistent across the Office of Refugee Resettlement's network of State-licensed programs. (2) Topics The training required by paragraph (1) shall address the following topics: (A) Ethical standards of conduct based on accepted child welfare principles with respect to the care of unaccompanied noncitizen children. (B) Mental health and trauma. (C) Child development. (D) Prevention of sexual abuse and harassment. (E) Cultural humility. (F) Racial sensitivity. (G) De-escalation techniques to avert unnecessary involvement of local law enforcement prior to exhaustion of alternative, trauma-informed care, treatment, and restorative responses. (H) Disabilities. (3) Specific training for staff working with early childhood minors The Director shall ensure that personnel who interact with unaccompanied noncitizen children who are early childhood minors receive specialized training relevant to the needs and capacities of such children. (4) Development of training materials The Director, in collaboration with stakeholders who have expertise in child migration, child mental health, and child development, shall— (A) develop written, audio, or visual materials with which training under this subsection may be conducted; and (B) before distribution to personnel of such State-licensed programs, provide the Ombudsperson with such materials. (5) Department of Health and Human Services staff Not later than 90 days after the date of the enactment of this Act, the Secretary shall provide appropriate guidance and training for all Department of Health and Human Services employees with respect to the requirements of this Act. B Services for unaccompanied noncitizen children 211. Required services (a) Provision of required services A State-licensed program that operates a childcare facility shall provide the following services for each unaccompanied noncitizen child in its care: (1) On admission to the childcare facility, a comprehensive orientation regarding— (A) the rights of the unaccompanied noncitizen child; (B) the role of the State-licensed program; (C) the services, rules, procedures, and expectations of the State-licensed program; and (D) the availability of legal assistance. (2) Proper physical care and maintenance, including suitable living accommodations, food, appropriate clothing, and personal hygiene items. (3) Not later than 2 business days after admission to the childcare facility, a comprehensive medical examination that includes screening for infectious disease. (4) Appropriate, ongoing, and routine medical and dental care, as prescribed by a licensed physician, advanced practice provider, nurse, or physician assistant, including— (A) reproductive health and family planning services; (B) emergency health care services; (C) immunizations in accordance with the Centers for Disease Control and Prevention guidelines; (D) administration of prescribed medication and special diets; and (E) mental health screening and intervention, including referrals. (5) An individualized needs assessment, which shall include the following: (A) Collection of essential data relating to the identification and history of the unaccompanied noncitizen child and family. (B) Identification of any special needs of the unaccompanied noncitizen child, including any need that requires immediate intervention. (C) An educational assessment and plan. (D) An assessment of family relationships. (E) A statement of religious preference and practice. (F) An assessment of the personal goals, strengths, and weaknesses of the unaccompanied noncitizen child. (G) Collection of identifying information regarding immediate family members, other relatives, godparents, or friends who may be residing in the United States and who may be able to assist in family reunification. (6) A comprehensive individual plan for the care of the unaccompanied noncitizen child, which shall be— (A) developed in accordance with the child’s needs, as determined by the individualized needs assessment under paragraph (5); and (B) implemented and closely coordinated through an operative case management system. (7) Education services, as described in section 213. (8) Recreational activities, as described in section 214. (9) Counseling services, including— (A) not fewer than 2 weekly individual counseling sessions conducted by licensed mental health professionals, including social workers, psychologists, and psychiatric staff; and (B) not fewer than 1 weekly group counseling session conducted by licensed mental health professionals, including social workers, psychologists, or psychiatric staff. (10) Acculturation and adaptation services, including the provision of information regarding the development of social and interpersonal skills. (11) Religious and spiritual services of the unaccompanied noncitizen child's choice, if any. (12) Case management services designed to identify relatives or prospective sponsors in the United States and ensure the quick release of the unaccompanied noncitizen child from the custody of the Secretary. (13) Visitation and contact with family members, regardless of the immigration status of the family members. An unaccompanied noncitizen child and family members of such a child shall be provided with a private, confidential space to meet in during such visitation. The Secretary of Homeland Security may not pursue enforcement actions against such family members during or immediately before or after such visitation. (14) Telephone and video access for contacting parents, family members, and caregivers, in a private space that ensures confidentiality, at no cost to the unaccompanied noncitizen child, family member, or caregiver. An unaccompanied noncitizen child shall be permitted such access not fewer than 4 times weekly for a period of not less than 30 minutes each time. (15) A reasonable right to privacy, including the right of the unaccompanied noncitizen child— (A) to wear the child's own clothes, as available; (B) to retain a private space in the childcare facility for the storage of personal belongings; (C) to talk privately on the telephone, as permitted by the rules and regulations of the State-licensed program; (D) to visit privately with guests, as permitted by such rules and regulations; and (E) to receive and send uncensored correspondence. (16) Legal services information regarding the availability of free legal assistance, the right to be represented by counsel, screenings and legal orientation presentations, and facilitated, confidential access to counsel, as described in title IV. (b) Considerations for provision of services A State-licensed program that operates a childcare facility shall provide the services described in subsection (a) in a manner that is sensitive to the age, culture, native language, and complex needs of each unaccompanied noncitizen child. (c) Rules and discipline standards (1) In general The rules and discipline standards of such a State-licensed program shall be— (A) formulated with consideration given to the age ranges, developmental stages, and degree of trauma experienced by the unaccompanied noncitizen children in the applicable childcare facility; and (B) culturally sensitive to the needs of such children. (2) Prohibited measures Such a State-licensed program may not subject any unaccompanied noncitizen child to— (A) corporal punishment, physical or chemical restraint, seclusion, humiliation, verbal or mental abuse, or punitive interference with the daily functions of living, such as eating, sleeping, or bathroom access; or (B) any disciplinary measure that— (i) adversely affects the health or physical or psychological well-being of the unaccompanied noncitizen child; or (ii) denies an unaccompanied noncitizen child regular meals, water, sleep, exercise, medical care, correspondence privileges, legal assistance, education, recreation, bathroom access, or any other service described in subsection (a). (d) Recordkeeping (1) Individual case records The operator of each childcare facility and influx facility shall develop, maintain, and safeguard individual client case records on each unaccompanied noncitizen child in care at the facility. (2) Confidentiality The operator of each childcare facility and influx facility shall develop and maintain a system of accountability that preserves the confidentiality of client information and protects such records from unauthorized use or disclosure in accordance with section 804. (3) Reporting The operator of each childcare facility and influx facility shall maintain adequate records and make regular reports, as required by the Ombudsperson, that permit the Ombudsperson to monitor and enforce this Act, the amendments made by this Act, and any other requirement or standard determined by the Ombudsperson to be in the best interests of unaccompanied noncitizen children. 212. Evaluation for disability (a) In general The Director shall provide unaccompanied noncitizen children who present an indication of a disability with an evaluation for services under section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), and provide unaccompanied noncitizen children with disabilities with services (including accommodations) through an individualized plan that includes a plan for prompt release. (b) Records Any record of a screening or an evaluation conducted under this section, and any record related to a decision with respect to the release of an unaccompanied noncitizen child with a disability, shall be maintained separately from the unaccompanied noncitizen child's immigration file (commonly known as an A-File ). 213. Education (a) Curriculum (1) State standards A State-licensed program shall provide educational instruction to unaccompanied noncitizen children using a curriculum that— (A) includes access to physical education, art, and other electives; and (B) is consistent with the licensing and academic standards of the State in which the State-licensed program is located. (2) Basic academic areas The basic academic areas covered by such curriculum shall include science, social studies, math, reading, and writing. (b) Licensing and certification requirements (1) In general Teachers, administrators, counselors, and support staff providing education to unaccompanied noncitizen children at a childcare facility shall— (A) meet local and State certification or licensure requirements; and (B) in the case of an unaccompanied noncitizen child in custody for a period longer than 60 days or who was previously attending school in the United States, ensure that the child receives transferable credit. (c) Instruction (1) In general Educational instruction at a childcare facility shall be— (A) appropriate to the level of development and communication skills of an unaccompanied noncitizen child; and (B) provided in a structured classroom setting on a weekly basis Monday through Friday. (2) Class size An unaccompanied noncitizen child may not be placed in a class in which the teacher-to-student ratio exceeds the applicable State maximum ratio. (d) Language access and educational environment The educational program at a childcare facility shall— (1) include instruction and reading materials, educational and otherwise, in the primary languages of the unaccompanied noncitizen children at the childcare facility; and (2) be provided in an emotionally, culturally, and physically safe environment. (e) Individual education program A State-licensed program that operates a childcare facility shall provide any eligible unaccompanied noncitizen child who is a child with a disability (as defined in section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 )) with special education and related services pursuant to an individualized education program that is developed for the unaccompanied noncitizen child and is consistent with the requirements provided under the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 et seq. ). (f) Other educational opportunities The educational program of such a State-licensed program shall include educational opportunities addressing personal, social, emotional, intellectual, and employment skills. 214. Recreation (a) In general A State-licensed program that operates a childcare facility shall provide recreational opportunities that meet or exceed— (1) the guidelines of the Department of Health and Human Services entitled 2018 Physical Activity Guidelines for Americans ; and (2) the guidelines of the President’s Council on Sports, Fitness, and Nutrition. (b) Activities (1) In general Activities for recreation and leisure time, which shall include daily outdoor activity, weather permitting, shall include— (A) not less than 1 hour daily of large-muscle activity; and (B) not less than 1 hour daily of structured leisure time activities, which shall not include time spent watching television or video. (2) Days on which school is not in session The periods scheduled for activities described in paragraph (1) shall be increased to a total of 3 hours daily on any day on which school is not in session. (3) Language-appropriate reading materials A State-licensed program shall provide appropriate reading materials in the primary languages of unaccompanied noncitizen children for use during leisure time. C Placement of children 221. Phasing out large congregate care facilities (a) Definition of large congregate care facility In this section, the term large congregate care facility means a facility intended to house more than 25 individuals at a time. (b) Phaseout (1) In general Beginning on the date that is 2 years after the date of the enactment of this Act— (A) the Director may not place an unaccompanied noncitizen child in a large congregate care facility; and (B) no Federal funds shall be made available for the purpose of— (i) housing an unaccompanied noncitizen child in such a facility; or (ii) placing an unaccompanied noncitizen child in any congregate care facility for a period longer than 14 days. (2) Exception Paragraph (1) shall not apply to any of the following: (A) An influx facility. (B) A setting specializing in prenatal, postpartum, or parenting support for youth. (C) A supervised independent living setting under the post-18 program described in section 243(c). (D) A program addressing the needs of victims of trafficking. (E) A qualified residential treatment program specifically designed to meet the needs of a child with serious emotional or behavioral health needs. (c) Plan required (1) In general The Director shall develop a plan to eliminate the use of large congregate care facilities by the date that is 2 years after the date of the enactment of this Act. (2) Elements The plan required by paragraph (1) shall include the following: (A) Specific measures the Director will take to eliminate the use of such facilities. (B) Performance benchmarks that require the Director to place unaccompanied noncitizen children in compliant congregate care facilities as follows: (i) 25 percent of such children not later than the date that is 1 year after the date of the enactment of this Act. (ii) 75 percent of such children not later than 545 days after such date of enactment. (iii) 100 percent of such children not later than 2 years after such date of enactment. (3) Submittal to Congress Not later than 90 days after the date of the enactment of this Act, the Director shall submit to Congress the plan developed under paragraph (1). (d) Transitional support for nongovernmental organizations To the extent that the transition to childcare facilities housing 25 unaccompanied noncitizen children or fewer affects nongovernmental organizations that provide services to such children, the Director shall increase funding to such organizations— (1) to prevent a disruption or decrease in services; (2) to establish centralized locations for unaccompanied noncitizen children to receive services from such organizations; and (3) to increase funding for representation of released children. 222. Least restrictive setting An unaccompanied noncitizen child in the custody of the Secretary shall be placed in the least restrictive setting that most approximates a family and in which the child's special needs, if any, may be met consistent with the best interests and special needs of the child. 223. Foster family care (a) Preference for foster family care (1) In general With respect to an unaccompanied noncitizen child in the custody of the Secretary, the Director shall make active efforts to place the child in the least restrictive setting that most approximates a family and in which the child’s special needs, if any, may be met. (2) Additional consideration Such an unaccompanied noncitizen child shall be placed within reasonable proximity to the location of the child's immigration proceedings, taking into account any special needs of the child before placing the child in a childcare facility. (b) Transitional foster care (1) In general An unaccompanied noncitizen child whose length of care in the custody of the Secretary is anticipated to be not more than 30 days shall be eligible for a transitional foster care placement in a family home licensed to provide such shorter term care. (2) Priority The Director shall prioritize for placement in transitional foster care the following categories of unaccompanied noncitizen children: (A) Unaccompanied noncitizen children under 13 years of age. (B) Sibling groups with 1 or more siblings who are under 13 years of age. (C) Unaccompanied noncitizen children who are pregnant or parenting. (D) Unaccompanied noncitizen children with special needs, including any unaccompanied noncitizen child with a disability. (c) Stays expected To extend more than 30 days (1) In general An unaccompanied noncitizen child whose length of care in the custody of the Secretary is anticipated to be more than 30 days, or a noncitizen who entered the custody of the Secretary as a child and who has reached the age of 18 years, shall be eligible for a long-term foster care placement in the least restrictive setting that most approximates a family and in which the child’s best interests and any special needs may be met. (2) Contracting requirements The Director shall— (A) seek to enter into 1 or more contracts with State-licensed foster care providers for the provision of long-term foster care placements for all eligible unaccompanied noncitizen children; and (B) ensure that such providers accept unaccompanied noncitizen children for placement in a timely manner. (d) Access to foster care for children with disabilities or mental or behavioral health- Related needs (1) In general The Director shall— (A) ensure access to transitional and long-term foster care placements for unaccompanied noncitizen children notwithstanding— (i) disabilities; (ii) behavioral concerns or involvement in the juvenile justice system; (iii) prior incident reports; or (iv) prior or current restrictive placements (as defined in section 226); and (B) seek to enter into 1 or more contracts with foster care providers that have the documented capacity and commitment to accept children regardless of disabilities or mental or behavioral health-related needs. (2) Equal access (A) In general An unaccompanied noncitizen child with mental or behavioral health-related needs who does not pose a documented, imminent threat to himself or herself, to others, or to the community shall be eligible for, and shall be provided equal access to, a foster care placement. (B) Eligibility for transfer If such a child is in a restrictive placement, he or she shall be eligible for direct transfer to a foster care placement. (3) Limitation on refusal of placement A State-licensed program that operates a childcare facility may not refuse placement of an unaccompanied noncitizen child based on a disability or a mental or behavioral health-related need absent individualized documentation that— (A) State licensing requirements bar acceptance of the specific unaccompanied noncitizen child based on the child's individual needs; and (B) a request for a variance from such a requirement has been denied or is unavailable under State law. (e) Background checks (1) In general The Director shall ensure that a Federal Bureau of Investigation background check and, in any applicable State, a child abuse or neglect registry check, has been conducted for each resident of a foster care placement for an unaccompanied noncitizen child. (2) Limitation on denial of placement A criminal history of a resident of a potential foster care placement shall not be the basis for a denial of the foster care placement for an unaccompanied noncitizen child unless the Director demonstrates that such history— (A) includes a conviction for child abuse or trafficking; or (B) (i) is less than 10 years old; and (ii) has a direct and immediate impact on the safety of the unaccompanied noncitizen child. 224. Additional requirements relating to children with disabilities and children with mental health needs (a) Prioritization of release The Director shall prioritize the release to sponsors of unaccompanied noncitizen children with disabilities so that such children may receive, in the community rather than in immigration custody, evidence-based, trauma-informed services tailored to their needs. (b) Access to services while in custody In the case of an unaccompanied noncitizen child with disabilities who cannot be expeditiously released, the Director shall provide access to any necessary service in the least restrictive integrated setting possible until a family-based placement is secured. (c) Support The Director shall support unaccompanied noncitizen children with disabilities by— (1) contracting with a range of placements so as to ensure that integrated settings are available for such children; (2) providing resources to support placement, such as by connecting providers with community-based services or assisting with licensing variances; and (3) developing and delivering trauma-informed disability-related training to all frontline care provider staff, in collaboration with stakeholders who have expertise in serving children with disabilities. (d) Network capacity Not less than 75 percent of all childcare facilities and foster care placements shall have appropriate State licensing and documented capability to house unaccompanied noncitizen children with disabilities. 225. Minimizing transfers (a) In general The Director shall— (1) minimize transfer of unaccompanied noncitizen children among childcare facilities and between short-term and long-term foster care placements; and (2) ensure that— (A) the Ombudsperson tracks any third or subsequent transfer of a child between childcare facilities or placements; (B) unaccompanied noncitizen children remain in the least restrictive settings that most approximate a family; and (C) unaccompanied noncitizen children who are siblings are housed together in the same childcare facility unless there is an extraordinary need for specialized care, such as inpatient health care services. (b) Notice (1) In general In the case of an unaccompanied noncitizen child who is transferred to another childcare facility or foster family home placement, not less than 48 hours before the transfer occurs, the Director shall— (A) notify the child in a language and format the child understands; and (B) notify and provide a justification for the transfer to the child's sponsor, legal counsel or local legal services provider, and child advocate, as applicable. (2) Exception (A) In general Paragraph (1) shall not apply in an unusual and compelling circumstance, such as— (i) a circumstance in which— (I) the safety of the unaccompanied noncitizen child or any other individual is threatened; or (II) the child has previously attempted to abscond from custody; or (ii) a case in which the unaccompanied noncitizen child’s legal counsel has waived notice under that paragraph. (B) Notice after transfer In the case of a circumstance or waiver described in subparagraph (A), notice shall be provided to the unaccompanied noncitizen child's legal counsel or local legal services provider, and child advocate, as applicable, not later than 24 hours after the transfer. (c) Possessions and legal papers The Director shall ensure that any unaccompanied noncitizen child is transferred with all of his or her possessions and legal papers. 226. Restrictive placements (a) Definitions In this section: (1) Restrictive placement The term restrictive placement means— (A) a staff-secure facility; (B) a therapeutic staff-secure facility; and (C) a placement in any setting other than a childcare facility, an influx facility, or licensed foster care placement. (2) Therapeutic childcare facility The term therapeutic childcare facility means a— (A) congregate care facility for the purpose of rehabilitation or residential treatment; and (B) an out-of-network facility or group home the staff of which has specialized training to care for children and adolescents with significant emotional, behavioral, social, or medical needs. (b) Placement review hearings for transfers to restrictive placements (1) In general In the case of transfer of an unaccompanied noncitizen child to a restrictive placement, the Director shall provide an administrative placement review hearing conducted in accordance with sections 554 through 557 of title 5, United States Code. (2) Notice (A) In general Except as provided in subparagraph (B), the Director shall provide written notice of intent to transfer an unaccompanied noncitizen child to a restrictive placement to the child concerned and the child’s legal counsel and child advocate. (B) Exception The Director may transfer an unaccompanied noncitizen child to a restrictive placement without providing notice under subparagraph (A) only if the Director has a reasonable belief, based on clearly articulable facts, that the child is a present, imminent danger to himself or herself or to others. (C) Elements A notice required by subparagraph (A) shall include, in a language and format the unaccompanied noncitizen child understands, the following: (i) The time, date, and location of the hearing under paragraph (1). (ii) A description of the individualized allegations relied on by the Director in support of such transfer, including all supporting evidence. (iii) An explanation that the unaccompanied noncitizen child— (I) has a right to contest such transfer at such hearing; and (II) may submit additional evidence, including witness testimony. (3) Timing of hearing A hearing under this subsection shall occur not less than— (A) 72 hours after the unaccompanied noncitizen child concerned receives notice under paragraph (2); and (B) 5 business days before the transfer to the restrictive placement is scheduled to occur. (4) Procedural matters (A) Neutral fact finder A hearing under this subsection shall be presided over by a neutral fact finder who— (i) is not an employee of the Office of Refugee Resettlement; and (ii) has expertise in child welfare. (B) Rights of child (i) In general At a hearing under this subsection, an unaccompanied noncitizen child shall have— (I) the right to counsel; and (II) the right and opportunity to confront, inspect, and rebut the evidence alleged to justify the transfer to a restrictive placement. (ii) Waiver of presence With the assistance of counsel, an unaccompanied noncitizen child may waive his or her presence at a hearing under this subsection. (C) Availability of Office of Refugee Resettlement records The Director shall disclose to the unaccompanied noncitizen child concerned and the legal counsel and child advocate of the child, as applicable, the child's entire case file and all evidence supporting the determination to transfer the child to a restrictive placement— (i) not later than 24 hours after such determination is made; and (ii) not less than 2 days before the date of the hearing under this subsection. (D) Interpretation services An interpreter in the preferred language of the unaccompanied noncitizen child shall be made available for a hearing under this subsection. (E) Burdens of production and proof The Director shall have the burden of production and the burden of proof, by clear and convincing evidence, to establish that— (i) the unaccompanied noncitizen child is a present danger to himself or herself or to others; (ii) a restrictive placement is consistent with the best interests of the child; (iii) there is no viable alternative to a restrictive placement to ensure the best interests of the child; and (iv) the child’s placement in a facility that is not a restrictive placement would not provide the services or resources necessary. (F) Record of proceedings The record of proceedings for a hearing under this subsection, and all related documentation— (i) shall be maintained separately and apart from the unaccompanied noncitizen child's immigration file (commonly called the A-File ); and (ii) shall not form any part of, and shall not be relied upon, in any removal proceedings or any adjudication carried out by U.S. Citizenship and Immigration Services, including with respect to final decisions and discretionary factors. (5) Written decision (A) In general Not later than 2 business days before the date on which the unaccompanied noncitizen child concerned is scheduled to be transferred to a restrictive placement, the fact finder shall issue a written decision approving or denying such transfer, which shall be binding on the Office of Refugee Resettlement. (B) Consideration of best interest recommendation In making a decision on such a transfer, the fact finder shall consider, and respond in writing to, the recommendation of the child advocate of the unaccompanied noncitizen child concerned. (C) Elements A written decision under this paragraph shall— (i) set forth a detailed, specific, and individualized justification for the decision; and (ii) notify the unaccompanied noncitizen child of the child's— (I) right to placement review hearings under subsection (e); (II) right to seek review of the decision by the Ombudsperson under paragraph (6); and (III) right to seek judicial review of the decision. (D) Language access The decision shall be made available in a language and in a format the unaccompanied noncitizen child understands. (E) Submission to Ombudsperson Not later than 72 hours after a decision in a placement review hearing is issued under this paragraph, the fact finder shall submit the decision to the Ombudsperson. (6) Review by Ombudsperson (A) In general On request by an unaccompanied noncitizen child or the legal counsel or child advocate of the child, the Ombudsperson shall carry out a review of a decision under paragraph (5), which shall be completed not later than 15 days after the date on which the request for review is made. (B) Recommendation (i) In general In carrying out a review under this paragraph, the Ombudsperson may make a recommendation with respect to whether such decision should be modified. (ii) Finding of erroneous decision (I) In general If the Ombudsperson determines that the decision under paragraph (5) was erroneous, the Ombudsperson shall submit to the Director a recommendation for further action. (II) Written statement (aa) In general If the Director declines to follow the recommendation of the Ombudsperson, the Director shall provide a detailed written justification to the child, the prospective sponsor, the legal counsel and the child advocate of the child, and the legal counsel of the prospective sponsor, as applicable. (bb) Nondelegation The Director may not delegate the requirement to issue such a written statement to any other individual. (c) Limitations on placement in secure facilities and staff-Secure facilities (1) In general The Director may not place an unaccompanied noncitizen child in a staff-secure facility based solely on a risk of self-harm or behavior related to the child's trauma or mental health that could be addressed in a less restrictive setting with additional accommodations or rehabilitative care. (2) Secure facilities The Director may never hold or place an unaccompanied noncitizen child in a secure facility. (3) Staff-secure facilities (A) In general The Director may only hold or place an unaccompanied noncitizen child in a staff-secure facility if— (i) there is clear and convincing evidence that the child poses a serious and imminent danger to others at the time of placement; (ii) upon holistic review of the child’s file, there is clear and convincing evidence that the assessed danger does not stem from the child’s trauma or mental health conditions; and (iii) even with additional accommodations and de-escalation measures, the child cannot be adequately cared for in a less restrictive setting or rehabilitative care. (B) Duration The Director may only hold an unaccompanied noncitizen child in a staff-secure facility under subparagraph (A) during the period in which the Director can demonstrate that the conditions described in that subparagraph exist. (C) Transfer The Director shall consider transfer of the child to a less restrictive placement as soon as these requirements are no longer met, even if the child has been in the placement for less than 30 days. (4) Prohibition on placement in U.S. Immigration and Customs Enforcement facilities The Director may not place any accompanied noncitizen child or unaccompanied noncitizen child in— (A) a U.S. Immigration and Customs Enforcement facility; or (B) a facility operated by contract with U.S. Immigration and Customs Enforcement. (d) Placement in therapeutic childcare facilities (1) Limitation The Director may place an unaccompanied noncitizen child in a therapeutic childcare secure facility only if— (A) the unaccompanied noncitizen child has received a detailed, individualized evaluation by a licensed psychologist or psychiatrist who is experienced in the care of children; and (B) the mental health professional conducting the evaluation under subparagraph (A) has determined that— (i) the child poses a substantial risk of harm to himself or herself or to others; (ii) such placement is in the best interests of the child; and (iii) even with additional accommodations or rehabilitative care, at the time of placement, the child cannot be adequately cared for in a less restrictive setting until the child receives services provided in such a placement. (2) Preference for community-based therapeutic foster care Before placing an unaccompanied noncitizen child in a therapeutic childcare facility, the Director shall first seek to place the child in a family-based therapeutic foster care placement. (3) Applicability of other provisions The procedures relating to transfers, notice, and placement review hearings under this title apply equally to unaccompanied noncitizen children placed in residential treatment centers and other therapeutic childcare facilities. (4) Services to be provided (A) Evaluation (i) In general An unaccompanied noncitizen child placed in a therapeutic childcare facility shall be evaluated by a licensed psychologist or psychiatrist who is experienced in the care of children. (ii) Report The mental health professional conducting the evaluation under clause (i) for an unaccompanied noncitizen child shall— (I) issue a written report that sets forth— (aa) the reasons for such placement; (bb) treatment goals; and (cc) a plan specific to the child for transition to a less restrictive setting; and (II) make such report available to the unaccompanied noncitizen child and the child advocate of the child. (B) Access to counsel The operator of a residential treatment center or any other therapeutic childcare facility for unaccompanied noncitizen children shall provide access to— (i) legal services; and (ii) existing legal counsel and child advocates of such children, as applicable. (e) Monthly review hearing (1) In general Not less frequently than monthly, each unaccompanied noncitizen child in a restrictive placement shall be afforded a placement review hearing to determine whether continued placement in the restrictive placement is appropriate. (2) Conduct of hearings A hearing under this subsection shall be conducted in accordance with the procedures and standards for placement review hearings under subsection (b). (3) Report by mental health provider With respect to an unaccompanied noncitizen child who is in a therapeutic childcare facility not later than 5 days before a hearing under this subsection, a licensed psychologist or psychiatrist who is experienced in the care of children shall submit to the fact finder a detailed report on the mental health needs of the unaccompanied noncitizen child concerned. (4) Written decision (A) In general The fact finder shall issue a written decision continuing or terminating the restrictive placement of the unaccompanied noncitizen child concerned, which shall be binding on the Office of Refugee Resettlement. (B) Consideration of best interest recommendation In making a decision on such placement, the fact finder shall consider— (i) the best interest recommendation of the child advocate with respect to the unaccompanied noncitizen child concerned; and (ii) the findings contained in the report submitted under paragraph (3). (C) Elements A written decision under this paragraph shall— (i) set forth a detailed, specific, and individualized justification for the decision; and (ii) notify the unaccompanied noncitizen child of— (I) the right to further placement review hearings under this subsection; and (II) the right to seek judicial review of the decision. (D) Language access The decision shall be made available in a language and in a format the unaccompanied noncitizen child understands. (5) Record of proceedings The record of proceedings for a hearing under this subsection, and all related documentation— (A) shall be maintained separately and apart from the unaccompanied noncitizen child's immigration file (commonly called the A-File ); and (B) shall not form any part of, and shall not be relied upon, in any removal proceedings or any adjudication carried out by U.S. Citizenship and Immigration Services, including with respect to final decisions and discretionary factors. (f) Placement of unaccompanied noncitizen children with disabilities in restrictive placements (1) In general An unaccompanied noncitizen child who is receiving services under section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ) shall not be placed in a facility that does not have access to such services. (2) Needs determination (A) In general Before placing such an unaccompanied noncitizen child in a restrictive setting, the Director shall make a determination as to whether the needs of the child can be met in a more integrated setting. (B) Elements A determination under subparagraph (A) shall include— (i) an identification of the relevant trauma-informed, evidence-based services and accommodations that have been identified as potentially relevant; (ii) a description of any such service or accommodation that has been provided and the period of time in which the service or accommodation has been provided; (iii) if any such service or accommodation has been ineffective, an assessment of the reason; and (iv) an assessment of whether additional services or accommodations could be provided at the child’s current placement. (3) Services available in a less restrictive placement (A) In general If services are identified that have the potential to maintain such an unaccompanied noncitizen child in a less restrictive placement, the Director shall ensure that the child receives such services before the Director considers a transfer to a restrictive placement. (B) Identification of services and accommodations (i) In general For each such unaccompanied noncitizen child, at each placement review hearing under subsection (e), the Director shall explicitly identify services and accommodations that could be made available in a less restrictive placement. (ii) Justification A recommendation by the Director against placing such an unaccompanied noncitizen child in a less restrictive placement shall be supported by specific documentation as to the reasons that, even with such accommodations, the child cannot be safely placed in a less restrictive placement. (4) Independent review (A) In general In the case of such an unaccompanied noncitizen child whom the Director intends to transfer to a restrictive placement, before the child’s placement review hearing, the decision to so transfer shall be reviewed by an independent third-party licensed psychologist or psychiatrist who is experienced in the care of children in accordance with a standardized process for evaluating the data and presented rationale, including a consideration of accommodations that could avoid the need for restrictive placement. (B) Continued restrictive placement In the case of such an unaccompanied noncitizen child in a restrictive placement whom the Director does not intend to transfer to a less restrictive placement, before the child’s next placement review hearing, the decision shall be reviewed by an independent third-party licensed psychologist or psychiatrist who is experienced in the care of children, in accordance with a standardized process for evaluating the data and presented rationale, including a consideration of accommodations that could avoid the need for restrictive placement. (C) Report Not later than 45 days after conducting a review under this paragraph, the independent third-party mental health professional shall issue a written report describing the results of the review to the fact finder, the child concerned, the legal counsel and child advocate of such child, and the Director. 227. Judicial review of placement (a) In general An unaccompanied noncitizen child or the parent, legal guardian, or prospective sponsor of such a child may seek judicial review in a district court of the United States of— (1) a determination with respect to the type of childcare facility in which the child is placed; or (2) a sponsorship determination. (b) Venue Venue for judicial review under subsection (a) may be found in— (1) the district in which the original childcare facility in which the unaccompanied noncitizen child concerned was placed is located; or (2) the district in which the childcare facility to which the unaccompanied noncitizen child was transferred is located. (c) Limited review Review under this section shall be limited to entering an order solely affecting the individual claims of the unaccompanied noncitizen child or the parent, legal guardian, or prospective sponsor seeking such review. (d) Agency exercise of discretion reviewed de novo The exercise of discretion by the Secretary or the Secretary of Homeland Security in making a placement decision reviewed under this section shall be reviewed de novo. (e) Bond redetermination An unaccompanied noncitizen child in removal proceedings shall be afforded a bond redetermination hearing before an immigration judge in every case, unless the child indicates on the notice of custody determination form that he or she waives the right to such a hearing. D Family reunification and standards relating to sponsors 231. Family reunification efforts by Office of Refugee Resettlement (a) In general During the period in which an unaccompanied noncitizen child is in the custody of the Secretary, the Director shall— (1) provide individualized, onsite case management and family reunification services; (2) ensure that— (A) a case manager contacts the child not later than 48 hours after the child is transferred to the custody of the Secretary; and (B) in the case of case manager reassignment, the case manager reassigned to the child contacts the child not later than 24 hours after such reassignment; (3) make and document prompt, active, and continuous efforts towards family reunification and release; and (4) work diligently— (A) to review family reunification applications from prospective sponsors; and (B) to assist prospective sponsors in completing such applications and complying with sponsor requirements. (b) Preference for release The Director may release an unaccompanied noncitizen child from the custody of the Secretary to a sponsor who is, in the order of preference, any of the following: (1) A parent. (2) A legal guardian. (3) An adult relative. (4) An adult individual, or an entity, designated by the parent or legal guardian of the unaccompanied noncitizen child as capable and willing to care for the child's well-being, which designation is supported by— (A) a declaration signed by the parent or legal guardian under penalty of perjury before an immigration or consular officer; or (B) such other document that makes such a designation and establishes the affiant’s parentage or guardianship. (5) A licensed program willing to accept legal custody of the child. (6) An adult individual or entity seeking custody of the child. (c) Timelines for reunification The Director shall use the information collected under, and data requirements described in, section 602(b)— (1) to determine the characteristics that exert significant effect on the reunification of unaccompanied noncitizen children with a sponsor; (2) to establish categories of children who exhibit such characteristics, which categories shall distinguish between— (A) (i) children released to parents or legal guardians; and (ii) children released to other sponsors; and (B) (i) children who have home studies mandated by section 235 of the Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 ); (ii) children granted home studies through the discretion of the Director; and (iii) other children; (3) to establish timelines for reunification appropriate to each such category of children; (4) to monitor ongoing reunification efforts for compliance with such timelines; and (5) to identify systematic barriers to release for children in such categories. (d) Systematic barriers To release The Director shall eliminate any administrative hindrance identified as a systemic barrier to release under subsection (c)(4). (e) Expedited reunification of early childhood minors The Director shall develop procedures to facilitate the expedited reunification of unaccompanied noncitizen children who are early childhood minors with family members seeking to serve as sponsors. (f) Limitation on remote services Case management and family reunification services may only be provided remotely for unaccompanied noncitizen children housed in an influx facility or a childcare facility activated for use during an influx. (g) Recordkeeping The Director shall maintain a written record of the efforts made by the Office of Refugee Resettlement to reunify and release each unaccompanied noncitizen child in the custody of the Secretary. 232. Standards relating to sponsors (a) Procedures and protections (1) In general The Director shall not impose sponsor requirements (including application deadlines and requests for information or documentation about prospective sponsors, the household members of prospective sponsors, or other individuals) that do not have a substantial and direct impact on child safety. (2) Nondiscrimination In reviewing an application for sponsorship, the Director may not rely on the national origin, immigration status, language, religion, sexual orientation, sex (including gender identity or gender expression), color, or race of the child concerned or of the prospective sponsor to delay or deny the application. (3) Prohibition on certain reasons for sponsorship denial A prospective sponsor may not be denied sponsorship solely due to— (A) poverty, use of public assistance, lack of employment or health insurance, or past or current health conditions that do not have a substantial and direct impact on child safety; (B) absence of a pre-existing relationship with the unaccompanied noncitizen child concerned; or (C) immigration status. (4) Legal rights of prospective sponsors (A) In general In making decisions about the sponsorship of an unaccompanied noncitizen child, the Director shall— (i) take into consideration the legal rights of any parent, legal guardian, or family member who is seeking sponsorship of the child; and (ii) ensure that Office of Refugee Resettlement processes for ensuring the child’s safe release do not interfere with such rights. (B) Parents A parent shall not be denied reunification with their child absent a determination supported by clear and convincing evidence that custody of the child by the parent is likely to result in serious emotional or physical damage to the child. (5) Assessment required (A) In general The Director may only release an unaccompanied noncitizen child to an individual or a licensed program for whom a prospective sponsor assessment has been completed, consistent with the requirements of section 235(c)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(c)(3) ). (B) Elements A sponsor assessment shall include— (i) a completed family reunification application; and (ii) consideration of the wishes and concerns of the unaccompanied noncitizen child concerned. (C) Opportunity to address concerns A prospective sponsor shall be afforded the opportunity to address any concern raised during the sponsor assessment process before the prospective sponsor's application is denied. (D) Background checks (i) In general Fingerprint-based checks of national crime information databases (as defined in section 534(f)(3) of title 28, United States Code) may be requested for prospective sponsors if a public records check of the sponsor reveals safety concerns or there is a documented risk to the safety of the child. (ii) Limitation The criminal history of the prospective sponsor, or a household member of the prospective sponsor, shall not be a basis for denial of sponsorship unless the Director demonstrates that such history includes a conviction for child abuse or trafficking, or is less than 10 years old and would have a direct and immediate impact on the safety of the unaccompanied noncitizen child concerned. (6) Safeguards (A) In general The Director shall implement safeguards to prevent any information obtained in the course of the sponsor assessment process from being used for any purpose other than assessing the sponsor’s fitness to care for an unaccompanied noncitizen child. (B) Applicability Such safeguards shall apply regardless of the outcome of the prospective sponsor’s application. (7) Annual evaluation (A) In general Not less frequently than annually, the Director shall conduct an evaluation of Office of Refugee Resettlement policies and practices to determine whether such policies and practices create unnecessary barriers to release or result in delays in unaccompanied noncitizen children’s prompt release to sponsors. (B) Submission to Ombudsperson The Director shall submit each evaluation conducted under subparagraph (A) to the Ombudsperson. (b) Sponsorship determination (1) In general Not later than 7 days after the date on which the Director receives a family reunification application from a prospective sponsor, the Director shall make a determination with respect to whether the unaccompanied noncitizen child concerned may be placed with the sponsor. (2) Consideration of effect of denial In making a determination under paragraph (1), the Director shall take into consideration the effect a denial of the application, and continued immigration custody for the unaccompanied noncitizen child concerned, would have on— (A) the health and well-being of the child; and (B) in the case of a prospective sponsor who is a parent, legal guardian, or a family member of the child, the right of the parent, legal guardian, or family member to the care and custody of the child. (3) Sponsorship hearing (A) In general The Director shall provide an opportunity for an administrative hearing, conducted in accordance with sections 554 through 557 of title 5, United States Code, in the case of— (i) a determination that a prospective sponsor is not fit to receive the unaccompanied noncitizen child concerned; or (ii) failure by the Director to make a determination on a family reunification application within the timeframe set forth in paragraph (1). (B) Notice (i) In general Not later than 24 hours after a determination or failure described in subparagraph (A), the Director shall provide notice of such a hearing to— (I) the unaccompanied noncitizen child; (II) the legal counsel and the child advocate of such child; (III) the prospective sponsor; and (IV) the legal counsel of such prospective sponsor. (ii) Elements The notice required under clause (i) shall include, in a language the unaccompanied noncitizen child and the prospective sponsor understand, the following: (I) The time, date, and location of the hearing. (II) Notice with respect to the availability of transportation to the hearing for the child and the prospective sponsor under subparagraph (E)(i). (III) In the case of a determination that the prospective sponsor is unfit— (aa) the justification for such determination; and (bb) a description of any supporting evidence and information. (IV) In the case of a failure to make a timely determination, a justification for such failure. (V) Notification that the unaccompanied noncitizen child and prospective sponsor may submit additional evidence, including witness testimony, in support of the family reunification application at or before the hearing. (C) Limitation on Office of Refugee Resettlement evidence In a hearing under this paragraph, the Director may only submit evidence and information that is described on the notice provided under subparagraph (B). (D) Timing of hearing (i) In general Except as provided in clause (ii), a hearing under this paragraph shall occur not less than 7 days and not more than 14 days after the date on which notice under subparagraph (B) is provided. (ii) Request for additional time Such a hearing may occur on a date that is more than 14 days after the date such notice is provided if the prospective sponsor requests additional time. (E) Presence at hearing (i) Transportation On request by the unaccompanied noncitizen child or the prospective sponsor, the Director shall facilitate the transportation of the child and the prospective sponsor to a centralized location for the hearing. (ii) Waiver of child's presence With the assistance of counsel, an unaccompanied noncitizen child may waive the child's presence at a hearing under this paragraph. (iii) Virtual hearing An unaccompanied noncitizen child may request a virtual hearing under this paragraph and waive the right to an in-person hearing. (F) Procedural matters (i) Neutral fact finder A hearing under this paragraph shall be presided over by a neutral fact finder who— (I) is not an employee of the Office of Refugee Resettlement; and (II) has expertise in child welfare. (ii) Child and sponsor rights At a hearing under this paragraph, an unaccompanied noncitizen child and the child's prospective sponsor shall have— (I) the right to counsel; and (II) the right and opportunity to confront, inspect, and rebut the evidence alleged to justify a determination by the Director that the prospective sponsor is unfit. (iii) Interpretation services An interpreter in the preferred language of the unaccompanied noncitizen child and the prospective sponsor shall be made available for a hearing under this paragraph. (iv) Burdens of production and proof The Director shall have the burden of production and the burden of proof, by clear and convincing evidence, to establish that— (I) placement with the prospective sponsor is likely to result in serious emotional or physical damage to the child; and (II) continued Office of Refugee Resettlement custody is the least restrictive setting that is in the best interests of the child. (v) Record of proceedings The record of proceedings for a hearing under this paragraph, and all related documentation— (I) shall be maintained separately and apart from the unaccompanied noncitizen child's immigration file (commonly called the A-File ); and (II) shall not form any part of, and shall not be relied upon, in any removal proceedings or any adjudication carried out by U.S. Citizenship and Immigration Services, including with respect to final decisions and discretionary factors. (G) Written decision (i) In general Not later than 2 business days after the date of a hearing under this paragraph, the fact finder shall— (I) issue a written decision ordering the release of the unaccompanied noncitizen child to the prospective sponsor or denying such release, which shall be binding on the Office of Refugee Resettlement; and (II) provide the written decision to— (aa) the child and the prospective sponsor; and (bb) the legal counsel and the child advocate of the child and the legal counsel of the prospective sponsor, as applicable. (ii) Denials In the case of a denial of release to the prospective sponsor, the decision shall— (I) set forth detailed, specific, and individualized reasoning for such denial; and (II) notify the child and prospective sponsor of their right to seek review of the decision by the Ombudsperson under subparagraph (H). (iii) Language access The decision shall be made available in a language and in a format the unaccompanied noncitizen child and the prospective sponsor understand. (H) Review by Ombudsperson (i) In general On request by an unaccompanied noncitizen child, the legal counsel or prospective sponsor of such child, or the legal counsel of such prospective sponsor, the Ombudsperson shall carry out a review of a decision under subparagraph (G), which shall be completed not later than 15 days after the date on which the request for review is made. (ii) Recommendation (I) In general In carrying out a review under this subparagraph, the Ombudsperson may make a recommendation on the placement or sponsorship of the unaccompanied noncitizen child concerned. (II) Finding of erroneous decision (aa) In general If the Ombudsperson determines that the decision under subparagraph (G) was erroneous, the Ombudsperson shall submit to the Director a recommendation for further action. (bb) Written statement (AA) In general If the Director declines to follow the recommendation of the Ombudsperson, the Director shall provide a detailed written justification to the child, the prospective sponsor, the legal counsel and the child advocate of the child, and the legal counsel of the prospective sponsor, as applicable. (BB) Nondelegation The Director may not delegate the requirement to issue such a written statement to any other individual. (I) Judicial review An unaccompanied noncitizen child or a prospective sponsor may obtain judicial review of a decision under subparagraph (G) in a district court of the United States. (J) Continued efforts by Office of Refugee Resettlement During the pendency of a hearing under this paragraph, and any review of a decision resulting from such a hearing under subparagraph (H) or (I), the Director shall continue to seek alternative prospective sponsors for the unaccompanied noncitizen child concerned. 233. Special considerations relating to release of children with disabilities (a) In general The Director may not delay the release of an unaccompanied noncitizen child based solely on a pending evaluation for services under section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ). (b) Supporting evidence required for determination not To release A determination by the Director not to release an unaccompanied noncitizen child receiving services under such section based on a prospective sponsor’s inability to meet the needs of the child shall be supported by evidence of efforts by the Director to educate, and provide concrete resources and support to, the prospective sponsor through the provision of post-release services. (c) Release to parents The Director may not deny the reunification of an unaccompanied noncitizen child receiving services under such section with his or her parent absent a determination supported by clear and convincing evidence that— (1) custody of the child by the parent is likely to result in serious emotional or physical damage to the child; and (2) continued Office of Refugee Resettlement custody is the least restrictive setting that is in the best interests of the child. (d) Review (1) In general With respect to a determination by the Director not to release an unaccompanied noncitizen child receiving services under such section based on an assessment that the child is a danger to himself or herself or to others, a review of such determination shall be carried out by an independent third-party licensed psychologist or psychiatrist who is experienced in the care of children before the date on which the sponsorship hearing under section 232(b)(3) occurs. (2) Procedure A review under paragraph (1) shall— (A) be carried out using a standardized method for evaluating the data and shall include the rationale for denying release; and (B) consider the availability of assistive services or technology that could be provided to the unaccompanied noncitizen child concerned if he or she were released. (3) Availability Such a review shall be made in writing and made available to the unaccompanied noncitizen child and the child's legal counsel before the date on which a sponsorship hearing under section 232(b)(3) occurs. (e) Office of Refugee Resettlement support for sponsors With respect to children with disabilities released from the custody of the Secretary, the Director shall support and assist sponsors in accessing and coordinating post-release community-based services and support or technology, to the extent such services and support are available. (f) Alternative placement If a sponsor is not identified for an unaccompanied noncitizen child who receives services under section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), the Director shall make every effort to place the child in therapeutic foster care, foster care, or the Unaccompanied Refugee Minor program. E Release 241. Procedures for release (a) In general The Secretary shall release an unaccompanied noncitizen child from the custody of the Secretary— (1) without unnecessary delay; and (2) as quickly as may be safely accomplished. (b) Provision of records on release On release from the custody of the Secretary, including in circumstances of repatriation, the Director shall provide unaccompanied noncitizen children and their sponsors, as applicable, the unaccompanied noncitizen child’s complete Office of Refugee Resettlement case file and records, including— (1) documentation that details the child’s medical and educational status, progress, and any related evaluations; (2) information relating to any special needs of the child; and (3) any other information relevant to promoting the child’s well-being after release. (c) Prescription medication The Director shall ensure that unaccompanied noncitizen children prescribed medication are released with not less than a 60-day supply of their medication and information from a physician regarding continuing or discontinuing the medication. (d) Transportation Expenses incurred in transporting unaccompanied noncitizen children and their sponsors for the purpose of the release of the child shall be paid by the Office of Refugee Resettlement. (e) Prohibition on Secretary taking child back into custody (1) In general After the release of an unaccompanied noncitizen child from the custody of the Secretary to a sponsor, the Secretary may not take the child back into custody. (2) Reporting to State child welfare agency With respect to a child released from such custody, if the Director becomes aware of a concern related to suspected abuse or neglect in a sponsor’s care, the Director may report such concerns to the applicable State child welfare agency. 242. Post-release services (a) Required in limited circumstances (1) In general The Director may not uniformly require post-release services to be in place before releasing an unaccompanied noncitizen child to a sponsor. (2) Case management specialist determination The Director may only require post-release services to be in place before releasing an unaccompanied noncitizen child to a sponsor if, after conducting an individualized assessment of the particular needs of the child, the case management specialist makes a determination that the child would be at risk of imminent physical or emotional harm if post-release services were not in place before such release. (b) Expansion The Director shall provide post-release services to unaccompanied noncitizen children, including by— (1) providing active assistance with school enrollment; (2) supporting sponsors in obtaining necessary medical records, including vaccination and medication records, from the period during which the unaccompanied noncitizen children were in the custody of the Secretary; (3) ensuring access to family reunification and medical support services, including support and trauma-informed counseling for the family and mental health counseling, through direct provision of such services or through partnerships and referrals to services in the community; and (4) ensuring that sponsors of children with special medical needs receive Office of Refugee Resettlement support in accessing appropriate medical care. 243. Individuals attaining 18 years of age (a) Presumption of release on recognizance (1) In general If an individual in the custody of the Secretary is not released to a sponsor before the individual attains the age of 18 years, there shall be a presumption that the individual shall be released on an order of recognizance. (2) Rebuttal The Secretary of Homeland Security shall bear the burden of proof, by clear and convincing evidence, in overcoming the presumption under paragraph (1) and in demonstrating that such an individual is not eligible to be released on an order of recognizance. (3) Alternatives to detention (A) In general In the case of an individual aging out of the custody of the Secretary who is not eligible to be released on an order of recognizance, the individual shall be eligible to participate in noncustodial alternatives to detention programs provided by the Department of Health and Human Services, including placement with an individual, an organizational sponsor, or a supervised group home with supportive services to facilitate access to educational and occupational opportunities. (B) Placement preferences The categories of placements available to an individual described in subparagraph (A) shall be the following, in order of preference: (i) The least restrictive family-based setting, including long-term foster care. (ii) An independent living program. (iii) A childcare facility that meets the particular needs of the individual. (4) Continuation of services The Director shall ensure that an individual released on an order of recognizance under this subsection is provided with— (A) continued access to counseling, case management, legal counsel, and other support services during the pendency of the individual’s immigration proceedings; and (B) information on applying for special immigrant juvenile status under section 101(a)(27)(J) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(J) ), and resources to assist the individual with applying for such status. (b) Post-18 plan for individuals aging out of custody (1) In general The Director shall develop a post-18 plan for each unaccompanied noncitizen child entering Office of Refugee Resettlement custody who— (A) is over the age of 17 years and 6 months; or (B) is not likely to be released to a sponsor before attaining 18 years of age. (2) Elements Each plan under paragraph (1) shall include the following: (A) An investigation into organizational sponsors and social support services. (B) Coordination with the Secretary of Homeland Security to ensure the release of the unaccompanied noncitizen child on his or her own recognizance if release to an organizational or individual sponsor is not successful. (c) Post-18 program With respect to an individual in the custody of the Secretary who attains 18 years of age before reunification, placement with a sponsor, or adjudication with respect to immigration status, the Director may extend Office of Refugee Resettlement custody for a period ending not later than the date on which the individual attains 21 years of age, if the individual— (1) (A) has not been reunified but has a family member available for reunification; (B) has an identified sponsor; (C) has been admitted to long-term foster care or a residential treatment center; or (D) otherwise does not have reunification options but has not yet been adjudicated with respect to immigration status by a local court in the applicable jurisdiction; and (2) solely at his or her discretion, without coercion and on the recommendation of his or her case manager, elects to remain in Office of Refugee Resettlement custody in the post-18 program until the date on which, as applicable— (A) the screening process for reunification is completed and the individual is reunified with a family member or placed with a sponsor; or (B) the individual is adjudicated with respect to immigration status in a local court in the applicable jurisdiction, receives relief from removal, and enters an applicable program for unaccompanied refugee minors. (d) Consideration relating to U.S. Immigration and Customs Enforcement custody In considering a sponsorship application for an unaccompanied noncitizen child who may attain 18 years of age in the custody of the Secretary, the Director shall consider the potential for, and impact of, trauma and the risk to the safety and well-being of the child if the child were to be transferred to the custody of U.S. Immigration and Customs Enforcement on attaining such age. (e) Prohibition on detention and removal An individual who was in the custody of the Secretary as an unaccompanied noncitizen child shall not be apprehended, arrested, transferred, or taken into the custody of U.S. Immigration and Customs Enforcement, or removed from the United States, based solely on having attained 18 years of age. (f) Continued access to due process, legal relief, and housing An individual who entered the United States as a child shall not lose the opportunity for due process and potential legal relief, or access to community-based housing, based solely on having attained the age of 18 years. 244. Custody review by Ombudsperson (a) In general If an unaccompanied noncitizen child, the legal counsel or prospective sponsor of such child, or the legal counsel of such prospective sponsor has reasonable cause to believe that the child should have been released, the child, the prospective sponsor, or such legal counsel may request an investigation by the Ombudsperson. (b) Notification of lengthy custody In the case of any unaccompanied noncitizen child who remains in the custody of the Secretary for 45 days or more, the Director shall— (1) notify the Ombudsperson of such continued custody; and (2) provide the Ombudsperson a complete copy of the Office of Refugee Resettlement case file and a detailed explanation for such continued custody. III Emergencies and influxes 301. Sense of Congress It is the sense of Congress that before opening or expanding an influx facility, the Secretary and the Director should explore all other avenues for placing an unaccompanied noncitizen child in the least restrictive, State-licensed setting that most approximates a family and in which the special needs of the child, if any, may be met consistent with the best interests and special needs of the child. 302. Definitions In this title: (1) Emergency The term emergency means an event of limited duration, such as a natural disaster, facility fire, civil disturbance, or medical concern. (2) Operational capacity The term operational capacity means the net bed capacity of Office of Refugee Resettlement facilities and other housing operated by State-licensed programs for unaccompanied noncitizen children. 303. Placement (a) In general In the event of an emergency or influx that prevents the prompt placement of unaccompanied noncitizen children in childcare facilities, the Director— (1) shall make every effort— (A) to place arriving unaccompanied noncitizen children in other State-licensed programs; and (B) to release unaccompanied noncitizen children from other programs as expeditiously as possible; and (2) may not house an unaccompanied noncitizen child in an influx facility or any other emergency or temporary facility for more than 20 days. (b) Transfer to licensed facility (1) In general Except as provided in paragraph (2), in the case of an unaccompanied noncitizen child for whom release to a sponsor within 20 days of placement in an influx facility is not possible, the Director shall transfer the child to a childcare facility. (2) Exception The Director may not transfer a child under paragraph (1) if the transfer would prolong the child's total length of custody by more than 24 hours. (c) Limitation on transfer to influx facility The Director may not transfer to an influx facility any unaccompanied noncitizen child— (1) for whom— (A) the influx facility would be the first shelter placement for the child on arrival in the United States; (B) a prospective sponsor has not been identified; or (C) such transfer would delay release by more than 24 hours; or (2) who— (A) has been identified by the Director as— (i) having a prospective sponsor who is not a parent, a legal guardian, or an immediate relative; or (ii) not having any identified prospective sponsor; (B) is younger than 16 years of age; (C) is part of a sibling group in the custody of the Secretary of which 1 or more siblings are younger than 16 years of age; (D) speaks a language other than English or Spanish as his or her primary language; (E) has special needs; (F) is currently prescribed psychotropic medication; (G) is pregnant or parenting; (H) will attain 18 years of age on a date that is not more than 30 days after the proposed date of transfer to the influx facility; (I) is scheduled to be released on a date that is not more than 3 days after the proposed date of the transfer; (J) has a pending home study; (K) has not received a legal orientation presentation or a legal screening; (L) has a date scheduled for a hearing before an immigration court or a State court, including family and juvenile court; (M) has a pending application for relief from removal; (N) has legal counsel; or (O) has a child advocate. (d) Family groups The Director shall ensure that— (1) unaccompanied noncitizen children with siblings or other relatives under the age of 18 in the custody of the Secretary are not separated from each other; and (2) such family groups have unlimited visitation with each other in influx facilities. 304. Planning for emergencies and influxes (a) Plan required Not later than 180 days after the date of the enactment of this Act, the Director shall develop a plan for— (1) maintaining and expanding emergency capacity in licensed foster care homes and small congregate care facilities for housing unaccompanied noncitizen children so as to eliminate the need for influx facilities; and (2) in the case of an emergency or influx, placing unaccompanied noncitizen children with sponsors as expeditiously as possible. (b) Supplemental placement list (1) In general The Director shall develop and maintain a supplemental placement list of facilities that have, in the aggregate, not fewer than 200 beds available to accept unaccompanied noncitizen children in the case of an emergency or influx, which shall be in addition to the number of beds available for placements under normal circumstances. (2) Licensing and compliance Any facility on the supplemental placement list shall be— (A) licensed in the State in which it is located; and (B) in compliance with all standards and procedures applicable to State-licensed programs under this Act. (3) Elements The supplemental placement list shall include, for each facility, the following: (A) The name of the facility. (B) The number of beds available in the facility in the case of an emergency or influx. (C) The name and telephone number of 1 or more contact persons, including a contact person for nights, holidays, and weekends. (D) Any limitation on categories of child the facility may accept, such as age categories. (E) A description of any special service available. (4) Appropriate community services To the extent practicable, the Director shall attempt to include on the supplemental placement list facilities located in geographic areas in which culturally and linguistically appropriate community services are available. (5) High capacity at childcare facilities If the operational capacity of all childcare facilities and foster care placements reaches or exceeds 75 percent for a period of 3 consecutive days, the Director shall contact the facilities on the supplemental placement list to determine the number of available supplemental placements. (c) Need for supplemental placements exceeding capacity If the number of unaccompanied noncitizen children in need of placement in the case of an emergency or influx exceeds the available appropriate placements on the supplemental placement list, the Director shall— (1) locate additional placements through State-licensed programs and nonprofit child and family services agencies providing placement services; and (2) expedite the reunification and release of unaccompanied noncitizen children from U.S. Customs and Border Protection custody. 305. Influx facility standards and staffing (a) Operation of influx facilities In the event that the operation of an influx facility cannot be avoided, the Director may operate an influx facility in accordance with this section. (b) Standards (1) In general An influx facility that does not meet the standards described in this subsection may not be used to house any child, and children housed at such an influx facility shall be transferred out of the influx facility immediately. (2) First day of operation On the first day of operation, an influx facility shall be in compliance with— (A) the staffing ratio requirements, case management requirements, telephone call access, legal services access, education and recreation requirements, and medical and mental health services requirements that apply to childcare facilities; and (B) the facility standards under the Prison Rape Elimination Act of 2003 ( 34 U.S.C. 30301 et seq. ). (3) Within 30 days Not later than 30 days after the date on which an influx facility commences operation, the influx facility shall achieve compliance with all standards set forth in title II, including State licensing standards. (c) Contractor standards The Director may not enter into a contract with any entity to operate an influx facility, unless the entity has each of the following: (1) Demonstrated experience in providing services for unaccompanied noncitizen children or children in foster care. (2) A plan for placement of children for whom no sponsor has been identified. (3) A plan for— (A) identifying, and immediately notifying the Director with respect to, any child believed to have been erroneously transferred to, or in care at, the influx facility contrary to the limitations set forth in paragraphs (1) and (2) of section 303(c); and (B) not later than 10 days after identifying such a child, transferring the child to an appropriate placement. (4) An emergency plan that includes protection against transmission of COVID–19 and other infectious diseases, including a plan— (A) to provide regular testing for any applicable disease; (B) to comply with service standards for quarantine with respect to any such disease that mirror the services and guidance for children and congregate care settings recommended by the Centers for Disease Control and Prevention; and (C) to ensure access to immunizations for unaccompanied noncitizen children in the influx facility, in accordance with any applicable guidance of the Centers for Disease Control and Prevention. (5) Emergency response protocols for placement, care, and transfer of children, which reduce the amount of time a child is in an emergency influx facility. (6) A clear organizational chart, reporting structure, and contact information. (7) A staffing plan that includes maintaining specified case manager-to-child ratios and a specified number of case manager visits with a child each week. (8) A training plan for case managers that includes in-service coaching and individual support for a case manager’s first 30 days as an employee of the entity. (9) A written code of conduct that is— (A) distributed to all officers, employees, and volunteers; and (B) contains clear boundaries for working with and around children. (10) Written ethical standards that are— (A) distributed to all officers, employees, and volunteers; and (B) based on accepted child welfare principles and best practices. (11) Data systems that meet the data and quality standards described in section 602 for tracking children through intake, case management, transportation, and placement. (d) Waiver (1) In general In the case of an influx facility, the Director may waive compliance with a standard or procedure under title II for a period of not more than 30 days. (2) Notice to Congress If the Director waives compliance with the requirement that an influx facility shall be licensed by the State in which it is located, the Director shall provide to Congress notice of such waiver, which shall include— (A) a justification for the waiver; and (B) (i) a plan for the influx facility to obtain such licensing; or (ii) in the case of an influx facility that will be unable to obtain such licensing— (I) an explanation of the reason that— (aa) licensing is not possible; and (bb) the particular influx facility was chosen and remains operationally necessary. (e) Reporting mechanisms The Director shall establish clear procedures— (1) for unaccompanied noncitizen children at influx facilities to directly and confidentially report incidents of abuse or neglect at influx facilities to the Ombudsperson, consulates, and State authorities; and (2) to allow State child protective services immediate access to any influx facility to investigate any such report. (f) Staffing (1) Background checks (A) In general The Director shall ensure that a Federal Bureau of Investigation background check, and in any applicable State a child abuse or neglect check, has been conducted for each influx facility staff member who will have direct contact with unaccompanied noncitizen children. (B) Timing of background checks The background checks described in subparagraph (A) shall be completed before a staff member interacts with any unaccompanied noncitizen child at an influx facility. (C) Prohibition The Director shall ensure than an entity with which the Director has contracted to operate an influx facility does not hire as staff of the influx facility any individual who has— (i) any conviction for child abuse or trafficking; or (ii) a conviction that is less than 10 years old the underlying offense of which would have a substantial and direct effect on the safety of unaccompanied noncitizen children. (D) Submittal of evidence Not later than the date on which an influx facility commences operation, the operator of the influx facility shall submit to the Director and the Ombudsperson evidence that background checks in accordance with this paragraph— (i) have been completed for the relevant facility staff; and (ii) will be completed for all new hires going forward. (2) Fluency in Spanish Each staff member of an influx facility who will have contact with unaccompanied noncitizen children shall— (A) be fluent in Spanish and English; and (B) have experience in the care of children. (3) Pediatric health specialists An influx facility shall have onsite pediatric health specialists, including a pediatrician, licensed psychologist, or psychiatrist who is experienced in the care of children. (4) Ratios Not later than 15 days after the date on which an influx facility commences operation, the Director shall ensure that the influx facility maintains staffing ratios as follows: (A) During waking hours, not less than 1 on-duty youth care worker for every 8 unaccompanied noncitizen children. (B) During sleeping hours, not less than 1 on-duty youth care worker for every 16 unaccompanied noncitizen children. 306. Monitoring and oversight (a) Site visits (1) Director (A) In general Not less frequently than monthly during the period in which an influx facility is in operation, the Director shall conduct a comprehensive onsite monitoring visit. (B) Elements Each site visit conducted under subparagraph (A) shall include— (i) an evaluation of the compliance of the influx facility with— (I) the standards and procedures under title II; and (II) the facility standards under the Prison Rape Elimination Act of 2003 ( 34 U.S.C. 30301 et seq. ); (ii) an assessment of the delivery of, and unaccompanied noncitizen children's access to, health care and mental health care services; (iii) an assessment of unaccompanied noncitizen children's access to counsel and legal services; and (iv) private, confidential interviews with unaccompanied noncitizen children housed in the influx facility. (2) Inspector General The Inspector General of the Department of Health and Human Services may conduct unscheduled visits to any influx facility, during which the Inspector General may meet confidentially with any unaccompanied noncitizen child housed in the influx facility. (3) Ombudsperson Not less frequently than monthly during the period in which an influx facility is in operation, the Ombudsperson shall conduct a comprehensive onsite visit to monitor for compliance with applicable Federal and State law (including regulations), including— (A) the Flores settlement agreement; (B) section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 ); and (C) this Act. (b) Tours by approved stakeholders Not less frequently than monthly during the period in which an influx facility is in operation, the Director shall allow approved stakeholders, including representatives from nonprofit organizations serving or advocating on behalf of unaccompanied noncitizen children, to tour the influx facility. IV Legal representation for unaccompanied noncitizen children 401. Legal orientation presentations and legal screenings (a) In general Not later than 10 days after transfer to the custody of the Secretary, an unaccompanied noncitizen child shall receive a free legal orientation presentation and legal screening conducted by a legal services provider, which shall include information relating to— (1) the right to apply for relief from removal; (2) the right to request voluntary departure in lieu of removal; and (3) the right to a hearing before an immigration judge. (b) Prioritization before release (1) In general The Director shall make affirmative, thorough, and timely efforts to ensure that each unaccompanied noncitizen child receives a presentation and screening described in subsection (a) before release, and in the case of any unaccompanied noncitizen child who does not receive such presentation and screening before release, the Director shall ensure that the child receives the presentation and screening on release. (2) Rule of construction Nothing in this section may be construed to prohibit the release of an unaccompanied noncitizen child to a sponsor based solely on not having received such a presentation and screening. 402. Legal representation (a) In general An unaccompanied noncitizen child shall be represented by counsel appointed or provided by the Secretary, at Government expense, unless the child has obtained, at his or her own expense, counsel authorized to practice in immigration proceedings. (b) Procedure Representation under subsection (a) shall— (1) be appointed or provided by the Secretary as expeditiously as possible; (2) extend through every stage of removal proceedings, from the child’s initial appearance through the termination of immigration proceedings; and (3) include any ancillary matter appropriate to such proceedings, even if the child attains 18 years of age or is reunified with a parent or legal guardian while the proceedings are pending. (c) Private, confidential meeting space The Director shall ensure that unaccompanied noncitizen children are provided access to a private, confidential space to meet with legal services providers and a private, confidential telephone line to contact their legal counsel or legal services providers at the expense of the government. (d) Contact with legal counsel An unaccompanied noncitizen child shall be permitted to call or meet with his or her legal counsel or legal services provider at any time. (e) Authorization of appropriations (1) In general There are authorized to be appropriated such sums as may be necessary to carry out this section. (2) Funding Amounts made available under this section shall be maintained separately from amounts designated for childcare facilities. (f) Scope of representation Government-appointed counsel may provide to an unaccompanied noncitizen child the full scope of representation, including representation in— (1) any matter relevant to the child’s well-being, including conditions of detention and matters relating to medical and mental health services and medication; (2) placement review hearings; (3) sponsorship hearings; and (4) any other matter relating to immigration. (g) Cooperation of Office of Refugee Resettlement required (1) In general The Director shall ensure that the legal counsel of an unaccompanied noncitizen child has access to prompt, reasonable, and regular direct communication with case managers, case coordinators, and Federal field specialists overseeing the child's placement, release, family reunification, transfer, and medical and mental health services. (2) Requests by counsel for information On request by the legal counsel or the independent legal services provider of an unaccompanied noncitizen child, the Director shall provide, not later than 7 days after the date on which the request is made, the following: (A) The names and telephone numbers of all prospective sponsors of the unaccompanied noncitizen child concerned. (B) A copy of the complete Office of Refugee Resettlement case file and records of the unaccompanied noncitizen child concerned. V Appointment of child advocates and improvements to immigration courts 501. Appointment of child advocates (a) In general The Secretary shall appoint independent child advocates to unaccompanied noncitizen children, including— (1) each vulnerable unaccompanied noncitizen child in the custody of the Secretary; and (2) each vulnerable unaccompanied noncitizen child who has been released from such custody. (b) Expansion of child advocate services (1) In general The Secretary shall increase funding for child advocate services to facilitate the expansion, by not later than the date that is 180 days after the date of the enactment of this Act, of the provision of such services to all locations at which— (A) unaccompanied noncitizen children in the custody of the Secretary are housed; or (B) unaccompanied noncitizen children appear before immigration courts for removal proceedings. (2) Prioritization In expanding services under this subsection, the Secretary shall prioritize locations that have the highest numbers of unaccompanied noncitizen children in the custody of the Secretary and unaccompanied noncitizen children appearing before immigration courts. (3) Access to records (A) In general A child advocate appointed under this section shall have timely access to all materials necessary to effectively advocate for the best interests of the unaccompanied noncitizen child concerned, including the child's complete Office of Refugee Resettlement case file and records. (B) Request On request by such a child advocate, the Director shall provide a complete copy of an unaccompanied noncitizen child's Office of Refugee Resettlement case file and records not later than 72 hours after the request is made. (4) Best interest recommendations A child advocate appointed under this section shall submit a best interest recommendation based on law, policy, medical or behavioral health, and relevant social science research to any Federal or State agency making a decision with respect to the best interests of an unaccompanied noncitizen child, including— (A) the Department of Health and Human Services; (B) the Department of Justice; (C) the Department of Homeland Security; and (D) a Federal, State, or Tribal court. (5) Confidentiality All communications between child advocates appointed under this section and unaccompanied noncitizen children shall be confidential, and such a child advocate may not be compelled to testify or provide evidence, in any proceeding, with respect to any information or opinion conveyed to the child advocate by an unaccompanied noncitizen child in the course of serving as child advocate. (6) Legal support The Secretary shall ensure that each location at which child advocate services are provided under this section is staffed with 1 or more attorneys who have expertise in immigration law and child welfare law. (7) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this subsection. 502. Immigration court improvements (a) Hiring of immigration judges (1) In general To adjudicate pending cases and efficiently process future cases, the Attorney General shall increase the total number of immigration judges by not fewer than 75 judges during fiscal year 2023. (2) Qualifications The Attorney General shall ensure that each immigration judge hired under this subsection— (A) is highly qualified; (B) has substantial experience in the field of immigration law; and (C) is trained to conduct fair and impartial hearings in accordance with applicable due process requirements. (3) No preference for candidates with prior service in the Federal Government In selecting immigration judges under this subsection, the Attorney General may not assign any preference to a candidate who has prior service in the Federal Government over a candidate who has equivalent subject matter expertise based on experience in a nonprofit organization, private practice, or academia, but does not have previous Federal service. (b) Immigration court staff During fiscal year 2023, the Attorney General shall— (1) increase the total number of judicial law clerks at the Executive Office for Immigration Review by 75; and (2) increase the total number of support staff for immigration judges, including legal assistants and interpreters, by 300. (c) Support staff; other resources The Attorney General shall ensure that the Executive Office for Immigration Review has sufficient support staff, adequate technological and security resources, and appropriate facilities to conduct the immigration proceedings required under Federal law. (d) Limitation Amounts appropriated for the Executive Office for Immigration Review or for any other division, activity, or function of the Department of Justice may not be used to implement numeric case load judicial performance standards or other standards that could negatively impact the fair administration of justice by the immigration courts. (e) Docket management for resource conservation Notwithstanding any opposition from the Secretary of Homeland Security or the Attorney General, immigration judges shall administratively close or terminate cases, and the Board of Immigration Appeals shall remand cases for administrative closure, if an individual in removal proceedings— (1) appears to be prima facie eligible for a visa or any other immigration benefit; and (2) has a pending application for such benefit before U.S. Citizenship and Immigration Services or any other applicable Federal agency. (f) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. VI Oversight, monitoring, and enforcement 601. Office of the Ombudsperson for Unaccompanied Noncitizen Children in Immigration Custody (a) Establishment There is established within the Department of Health and Human Services an Office of the Ombudsperson for Unaccompanied Noncitizen Children (referred to in this section as the Office ) to monitor and oversee compliance with this Act and the amendments made by this Act. (b) Independence The Office shall be an impartial, confidential resource that is fully independent of— (1) the Office of Refugee Resettlement; and (2) the Department of Homeland Security. (c) Ombudsperson (1) In general The Office shall be headed by an Ombudsperson, who shall be appointed by, and report directly to, the Secretary. (2) Recommendations from stakeholders Before making an appointment under paragraph (1), the Secretary shall solicit and consider candidate recommendations from community stakeholders, including from organizations that provide legal services to and advocacy on behalf of immigrant children. (3) Limitation on certain former employees The Secretary may not appoint as Ombudsperson any individual who, during the 2-year period preceding the date of appointment, was an employee of the Office of Refugee Resettlement or the Department of Homeland Security. (4) Term (A) In general Subject to subparagraph (C), the term of an Ombudsperson appointed under this subsection shall be not more than 4 years. (B) Consecutive terms An Ombudsperson may be appointed for consecutive terms. (C) Expiration The term of an Ombudsperson shall not expire before the date on which the Ombudsperson's successor is appointed. (5) Removal for cause The Secretary may only remove or suspend an Ombudsperson for neglect of duty or gross misconduct. (6) Duties and authorities (A) Regional offices (i) Establishment The Ombudsperson shall establish not fewer than 7 regional offices of the Office— (I) to strengthen State oversight; (II) to investigate complaints; (III) to coordinate with State licensing entities; and (IV) to identify and address differences among State child protection laws. (ii) Locations (I) In general The regional offices required under clause (i) shall be established in the following locations: (aa) 1 regional office in Texas. (bb) 1 regional office in Arizona. (cc) 1 regional office in California or a State in the Northwest. (dd) 1 regional office in a State in the Midwest. (ee) 1 regional office in a State in the Mid-Atlantic. (ff) 1 regional office in a State in the Northeast. (gg) 1 regional office in a State in the Southeast. (II) Additional locations The Ombudsperson may make a recommendation to the Secretary with respect to the location of any additional regional office. (iii) Appointment of deputies The Ombudsperson shall appoint a full-time deputy for each regional office, who shall serve at the Ombudsperson's discretion. (iv) Applicability of other provisions The regional offices established under this subparagraph shall have the same access to facilities and records, maintain the same rights, roles, and responsibilities, and be subject to the same confidentiality requirements as the Office. (B) Hiring (i) In general The Ombudsperson shall hire to carry out the functions of the Office necessary personnel, including clerical personnel, who shall serve at the discretion of the Ombudsperson. (ii) Subject matter experts The personnel hired under clause (i) shall include relevant subject matter experts, including— (I) attorneys with expertise in child welfare and immigration law; (II) pediatricians; (III) child and adolescent psychiatrists and psychologists; (IV) social workers; (V) data analysts with demonstrable expertise in child welfare or immigration; and (VI) youth or young adults with experience as noncitizen children in immigration custody. (C) Monitoring (i) In general The Ombudsperson shall monitor, including by making site visits, for compliance with all applicable law and standards relating to noncitizen children in immigration custody. (ii) Influx facilities The Ombudsperson shall conduct site visits of influx facilities, as described in section 306. (D) Investigations (i) In general The Ombudsperson— (I) may conduct any investigation relating to noncitizen children in immigration custody the Ombudsperson considers necessary; and (II) shall investigate— (aa) claims of abuse, neglect, or mistreatment of noncitizen children by the Government or any other entity while in immigration custody; and (bb) complaints made against foster care providers, including in the case of such a provider that is subject to State oversight. (ii) Timeline The Ombudsperson shall commence an investigation under clause (i)(II) not later than 30 days after the date on which a claim or complaint described in that clause is received. (iii) Reporting of State licensing violations If in the course of an investigation under clause (i)(II)(bb) the Ombudsperson discovers a State licensing violation, the Ombudsperson shall report the violation to the child welfare licensing agency of the applicable State. (iv) Procedures The Ombudsperson shall establish a procedure for conducting investigations, receiving and processing complaints, and reporting findings. (v) Notification (I) Commencement of investigation If the Ombudsperson decides to commence an investigation based on a complaint received, not later than 45 days after the date on which the investigation commences, the Ombudsperson shall so notify the complainant. (II) Decision not to investigate or to discontinue investigation If the Ombudsperson decides not to investigate a complaint or to discontinue an investigation commenced under this subparagraph, not later than 45 days after the date on which such an action is taken, the Ombudsperson shall notify the complainant and provide a reason for such action. (III) Progress and results The Ombudsperson shall provide a complainant with updates on the progress of an investigation and shall notify the complainant of the results of the investigation. (vi) Confidentiality (I) In general All information obtained by the Ombudsperson from a complaint shall be confidential under applicable Federal and State confidentiality law, regardless of whether the Ombudsperson— (aa) investigates the complaint; (bb) refers the complaint to any other entity for investigation; or (cc) determines that the complaint is not a proper subject for an investigation. (II) Disclosure Disclosure of any such information may only occur as necessary to carry out the mission of the Office and as permitted by law. (E) Reporting mechanisms (i) In general The Ombudsperson shall establish and maintain— (I) a public toll-free telephone number to receive complaints and reports of matters for investigation; and (II) a public email address to receive complaints, such reports, and requests for review of placement and sponsorship decisions. (ii) Availability (I) In general The Ombudsperson shall ensure that such telephone number and email address— (aa) are made available, and a telephone is accessible, to all children in immigration custody; and (bb) are made available to prospective sponsors, sponsors, Flores settlement agreement class counsel, and legal services providers and child advocates who serve such noncitizen children. (II) Sponsorship applications The Director shall provide such telephone number and email address to the prospective sponsor of each unaccompanied noncitizen child. (iii) Language access (I) In general Such telephone number and email address shall be posted in public areas of each facility or placement in which 1 or more children in immigration custody are held, in multiple languages, including English, Spanish, French, Hindi, Bengali, Punjabi, Swahili, Mandarin Chinese, Russian, Standard Arabic, Portuguese, Haitian Creole, K’iche’, Q’eqchi’, Kaqchikel, Mam, Q’anjob’al, and Ixil. (II) Additional languages The Ombudsperson may require that such contact information be made available and posted in any additional language the Ombudsperson considers necessary based on the demographics of arriving noncitizen children. (F) Hearings The Ombudsperson may hold public hearings as the Ombudsperson considers necessary. (G) Individual case assistance and review (i) In general The Ombudsperson may offer individual case assistance for noncitizen children in immigration custody. (ii) Communication with others In providing such individual case assistance, the Ombudsperson may speak with a noncitizen child’s prospective sponsor, family members, child advocate, legal counsel, case manager, case coordinator, and Office of Refugee Resettlement Federal field specialist staffing the noncitizen child’s case, as applicable. (H) Stakeholder meetings (i) Community stakeholders Not less frequently than quarterly, the Ombudsperson shall invite community stakeholders, including attorneys who represent noncitizen children in immigration custody, to participate in a meeting. (ii) Data tracking personnel Not less frequently than quarterly, the Ombudsperson shall invite personnel of the Department of Homeland Security and the Department of Health and Human Services who manage the data tracking systems described in section 602 to participate in a meeting for the purpose of informing the Ombudsperson with respect to the efficacy and responsiveness of the system with empirical data, analysis, and data needs. (iii) Additional meetings The Ombudsperson may convene additional meetings at any time, as the Ombudsperson considers necessary. (I) Reporting (i) Annual public report (I) In general Not less frequently than annually, the Ombudsperson shall issue a public report on the implementation of and compliance with this Act and the amendments made by this Act, by the Secretary and the Secretary of Homeland Security. (II) Elements Each report under subclause (I) shall include the following: (aa) For the preceding fiscal year, the accomplishments and challenges relating to such implementation and compliance. (bb) A summary of complaints made and investigations carried out during the preceding fiscal year, including— (AA) the number of complaints and number and nature of other contacts; (BB) the number of complaints made, including the type and source; (CC) the number of investigations carried out; (DD) the trends and issues that arose in the course of investigating complaints; and (EE) the number of pending complaints. (cc) For the preceding fiscal year, a summary of— (AA) each site visit conducted; (BB) any interview with a noncitizen child or facility staff; (CC) facility audits and corrective actions taken or recommended; (DD) appeals made to the Ombudsperson; and (EE) any other information the Ombudsperson considers relevant. (dd) A detailed analysis of the data collected under section 602. (ee) Recommendations— (AA) for improving implementation and compliance with this Act and the amendments made by this Act; and (BB) as to whether the Director should renew or cancel contracts with particular Office of Refugee Resettlement grantees. (ff) A description of the priorities for the subsequent fiscal year. (ii) Report on training materials The Ombudsperson shall issue a public report on the training materials developed by the Director under section 203(c)(4) that includes a description of any concerns the Ombudsperson has with respect to the materials. (iii) Additional reports The Ombudsperson may issue additional reports at any time, including data analyses and findings, as the Ombudsperson considers necessary. (J) Information gathering (i) In general The Ombudsperson may submit to the Director, the Director of U.S. Immigration and Customs Enforcement, and the juvenile coordinators of U.S. Customs and Border Protection requests for information with respect to the implementation of this Act. (ii) Response required Not later than 30 days after the date on which a juvenile coordinator receives a request for information under clause (i), the juvenile coordinator shall submit a detailed response to the Ombudsperson, the Director, the Director of U.S. Immigration and Customs Enforcement, and the Commissioner of U.S. Customs and Border Protection. (iii) Cooperation required The Secretary and the Secretary of Homeland Security shall— (I) cooperate with any request for information by the Ombudsperson; and (II) report to the Ombudsperson any policy or instruction issued to employees regarding the implementation of this Act. (K) Subpoena authority (i) In general The Ombudsperson may— (I) issue a subpoena to require the production of all information, reports, and other documentary evidence necessary to carry out the duties of the Ombudsperson; and (II) compel by subpoena, at a specified time and place— (aa) the appearance and sworn testimony of an individual who the Ombudsperson reasonably believes may be able to provide information relating to a matter under investigation; and (bb) the production by an individual of a record of an object that the Ombudsperson reasonably believes may relate to a matter under investigation. (ii) Effect of failure to comply In the case of an individual who fails to comply with a subpoena issued under this subparagraph, the Ombudsperson may commence a civil action in an appropriate court. (L) Additional duties The Ombudsperson shall— (i) develop notices of rights, as described in sections 105(c)(5) and 202; (ii) review training materials, as described in section 203(c)(4); (iii) conduct reviews of decisions in placement review hearings, as described in section 226(b)(6); (iv) conduct reviews of decisions in sponsorship hearings, as described in section 232(b)(3)(H); (v) regularly review data collected under section 602; and (vi) track and monitor processing times and length of custody for noncitizen children in immigration custody. (d) Access (1) Facilities (A) In general The Secretary and the Secretary of Homeland Security shall ensure unobstructed access by the Ombudsperson to any facility at which a noncitizen child is detained. (B) Information collection for site visits For each site visit conducted by the Ombudsperson, facility staff shall provide a list of the unaccompanied noncitizen children housed in the facility, including their names, alien registration numbers, dates of birth, dates of apprehension, and the dates of facility placement— (i) in the case of an announced site visit, not less than 48 hours before the arrival of the Ombudsperson; and (ii) in the case of an unannounced site visit, on the arrival of the Ombudsperson. (C) Private and confidential space A facility shall provide a private and confidential space in which the Ombudsperson may interview unaccompanied noncitizen children and staff. (D) Delegation The Ombudsperson may designate 1 or more individuals from outside the Ombudperson’s office to conduct site visits and interview detained children. (2) Information On request by the Ombudsperson, the Secretary shall ensure, not later than 48 hours after receipt of the request, unobstructed access by the Ombudsperson to— (A) the case files, records, reports, audits, documents, papers, recommendations, or any other pertinent information relating to the care and custody of a noncitizen child; and (B) the written policies and procedures of all childcare facilities. (3) Definition of unobstructed access In this subsection, the term unobstructed access means— (A) with respect to a facility, the ability— (i) to enter the facility at any time, including unannounced, to observe and inspect all areas of the facility; (ii) to communicate privately and without restriction with any child, caregiver, facility staff, or volunteer; and (iii) to obtain, review, and reproduce any— (I) record of a child, staff member, or caregiver; (II) administrative record, policy, or document of any facility; (III) licensing record maintained by the applicable Federal or State agency; or (IV) record, including a confidential record, of a Federal or State agency or any contractor of a Federal or State agency, except sealed court records, production of which may only be compelled by subpoena; and (B) with respect to information, the ability to obtain requested information in a timely manner and with the full cooperation of the Secretary or the Secretary of Homeland Security, as applicable. (e) Confidentiality (1) Identity of complainants and witnesses The Ombudsperson shall maintain confidentiality with respect to the identities of complainants or witnesses coming before the Office, except if such a disclosure is necessary— (A) to carry out the duties of the Ombudsperson; and (B) to support recommendations made in individual cases, annual reports, or other reports. (2) Records In accordance with relevant Federal and State law, the Ombudsperson may not disclose a confidential record. (3) Testimony and deposition The Ombudsperson and employees of the Office may not testify or be deposed in a judicial or administrative proceeding regarding matters that have come to their attention in the exercise of their official duties, except as the Ombudsperson considers necessary to enforce this Act or the amendments made by this Act. (4) Subpoena and discovery The records of the Office, including notes, drafts, and records obtained from an individual, a provider, or an agency during intake, review, or investigation of a complaint, and any reports not released to the public are not subject to disclosure or production in response to a subpoena or discovery in a judicial or administrative proceeding, except as the Ombudsperson considers necessary to enforce this Act or the amendments made by this Act. (f) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. 602. Data collection and reporting (a) Department of Homeland Security (1) In general The Secretary of Homeland Security shall collect and maintain a record of each noncitizen child held in the custody of the Secretary of Homeland Security. (2) Frequency and submission of data collected (A) In general Not less frequently than weekly, the Secretary of Homeland Security shall— (i) collect the information described in paragraph (3) from each district office and Border Patrol station; and (ii) submit such data to— (I) the Ombudsperson; and (II) 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. (3) Information described The information described in this paragraph is the following: (A) Individual data For each noncitizen child in the custody of the Secretary of Homeland Security, the following: (i) Biographical information, including full name, date of birth, country of citizenship, preferred language, and alien number. (ii) The date the child was apprehended and placed in such custody. (iii) The date and the time the child was released or transferred from such custody and to whom the child was so released or transferred. (iv) For each accompanying family member of the child or other adult the child identifies as a previous caregiver, biographical and contact information. (v) An indication as to whether the child arrived in the company of a family member other than a parent or legal guardian, and in the case of a separation from that family member, a justification for the separation. (B) Aggregated data (i) The number of children in the custody of the Secretary of Homeland Security as of the last day of each calendar month, calculated to include all such children, disaggregated by— (I) facility; and (II) Border Patrol sector. (ii) The largest number of children concurrently held in such custody, calculated to include all such children, and the 1 or more dates on which such largest number occurred, disaggregated by— (I) facility; and (II) Border Patrol sector. (iii) The median and average number of hours in such custody for each such child, calculated to include all such children, disaggregated by— (I) facility; and (II) Border Patrol sector. (4) Publication Not less frequently than monthly, the Secretary of Homeland Security shall publish on a publicly accessible internet website of the Department of Homeland Security the following: (A) The figures for the data collected under paragraph (3)(B)(i). (B) For the preceding calendar month, the figures for the data collected under clauses (ii) and (iii) of paragraph (3)(B). (b) Office of Refugee Resettlement (1) In general To support the data collection and monitoring duties of the Ombudsperson and to facilitate public monitoring, the Director shall— (A) develop a systemic data collection system to collect and maintain relevant demographic information that is pertinent to serving— (i) the population of unaccompanied noncitizen children in the custody of the Secretary of Health and Human Services; and (ii) children who have been released from such custody with services pending; (B) not less than every 3 years, review the data collected, the categorization of such data, the information architecture for organizing and analyzing such data, any safety concern relating to the collection of such data, and the method for obtaining or collecting such data under such system; (C) (i) as appropriate, revise such system to make improvements in service delivery to unaccompanied noncitizen children; and (ii) if such system is so revised, ensure the continuity of comparative data from periods before and after the revision; and (D) ensure the ongoing functioning and use of such system by the Office of Refugee Resettlement. (2) Frequency of data collected Not less frequently than weekly, the Director shall— (A) collect from each childcare facility the information described in paragraph (3); and (B) maintain such information in the system described in paragraph (1)(A). (3) Information described The information described in this paragraph is the following: (A) Individual data For each unaccompanied noncitizen child in the custody of the Secretary of Homeland Security— (i) biographical information, including full name, date of birth, country of citizenship, preferred language, and alien number; (ii) the date the child was apprehended and placed in such custody of the Secretary of Homeland Security; (iii) the date the child was placed in the custody of the Secretary of Health and Human Services; (iv) the date on which the child was placed in a childcare facility, or transferred between childcare facilities, as applicable, and the name and location of each childcare facility; (v) in the case of a child placed in a residential treatment center, therapeutic childcare facility, staff-secure facility, or out-of-network facility, a justification for such placement; (vi) the status of the child’s family reunification process, including— (I) a record of the 1 or more case managers who have worked on the child’s case, including a description of the work performed; (II) in the case of a child who is released or discharged from the custody of the Secretary of Health and Human Services— (aa) the date of release or discharge; (bb) the name of the individual to whom the child was released, as applicable; and (cc) the reason for release or discharge; and (III) in the case of a child removed from the United States, the date of removal and the country to which he or she was removed, regardless of whether a child was removed directly from the custody of the Secretary of Health and Human Services; and (vii) the number of occasions on which the operator of a childcare facility or an influx facility contacted law enforcement with respect to the child, as applicable, and the justification for each such contact. (B) Facility data For each childcare facility or influx facility funded by the Department of Health and Human Services— (i) the median length of stay for unaccompanied noncitizen children placed at the facility; (ii) for children who have been released to sponsors, the median amount of time spent by such children in the custody of the Secretary of Health and Human Services before release; (iii) the utilization rate of the facility (excluding funded but unplaceable beds and calculated as the number of filled beds divided by the number of beds available for placement, expressed as a percentage); (iv) the percentage of unaccompanied noncitizen children transferred from the facility to any other facility, calculated on a rolling basis; and (v) the number and type of child abuse or neglect allegations against facility staff or against other children in the facility, and the number of such allegations substantiated. (C) National capacity data (i) In general For all childcare facilities and influx facilities, in the aggregate— (I) the number of pending beds; and (II) the number of delivered beds, disaggregated by— (aa) beds occupied by unaccompanied noncitizen children; (bb) unoccupied beds available for potential use by unaccompanied noncitizen children; and (cc) unavailable beds that are funded but cannot receive children. (ii) Definitions In this subparagraph: (I) Delivered bed The term delivered bed means a bed delivered to the Department of Health and Human Services for use by an unaccompanied noncitizen child. (II) Pending bed The term pending bed means a bed— (aa) to be provided to the Department of Health and Human Services for use by an unaccompanied noncitizen child that is funded by a grant, cooperative agreement, contract, or any other means; but (bb) that is not yet a delivered bed. (D) Family reunification data For all unaccompanied noncitizen children in the custody of the Secretary of Health and Human Services— (i) the median time-to-release, disaggregated by— (I) children released to parents or legal guardians; (II) children released to other sponsors; (III) children who have home studies mandated by section 235 of the Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 ); (IV) children granted home studies through the discretion of the Director; and (V) all other children; and (ii) the number of children who have been in such custody for more than 90 days, disaggregated by— (I) children placed in therapeutic foster care; (II) children placed in long-term foster care; and (III) children in placements that are not therapeutic foster care or long-term foster care. (E) Comprehensive national data (i) The number and characteristics of children placed in and exiting the custody of the Secretary of Health and Human Services. (ii) The status of the unaccompanied noncitizen child population, including the number of such children in such custody, age cohorts of such children, length of placements, types of placements, location in-network or out-of-network, and goals for reunification by sponsor or placement type. (iii) The number and percentage of unaccompanied noncitizen children designated for and receiving any of the following: (I) Mandatory home studies. (II) Discretionary home studies. (III) Post-release services. (iv) The number and percentage of unaccompanied noncitizen children held in a facility funded by the Office of Refugee Resettlement with more than 25 other unaccompanied noncitizen children. (v) The number and percentage of unaccompanied noncitizen children with special needs or disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 )). (vi) For each type of childcare facility and each influx facility— (I) the average national case manager-to-child ratio; and (II) the national utilization rate (excluding funded but unplaceable beds and calculated as the number of filled beds divided by the number of beds available for placement, expressed as a percentage). (vii) The number of such facilities alleged and found to be out of compliance with the facility standards under the Prison Rape Elimination Act of 2003 ( 34 U.S.C. 30301 et seq. ). (viii) The number and types of violations for sexual abuse and exploitation alleged and resolved with respect to unaccompanied noncitizen children while in the custody of the Secretary of Health and Human Services, counted and categorized in accordance with the Prison Rape Elimination Act of 2003 ( 34 U.S.C. 30301 et seq. ). (ix) The rate of compliance with subparagraphs (A) and (B) of section 231(a)(2). (F) Further population and general characteristics data (i) In general (I) The general status and characteristics of the population of unaccompanied noncitizen children and their family members. (II) The general quality and speed of the placement process, and information on post-placement outcomes. (III) Barriers to release for such children, including relevant cross-tabulations with other collected data. (IV) An identification of children who are vulnerable to or victims of human trafficking. (V) The general status and characteristics of facilities funded by the Office of Refugee Resettlement for the purpose of the care of unaccompanied noncitizen children. (VI) The rate of increase or decrease in childcare facility usage, such that cross-facility comparisons are useful or systemwide seasonal variations may be anticipated. (VII) Aggregate measures that allow comparison between facilities by size, placement type, and any other appropriate factor of number and type of child abuse or neglect allegations against staff or against other children. (ii) Collection standards The Director shall develop and implement standards for the collection of the information described in clause (i). (4) Submission of data and information Not less frequently than weekly, the Director shall submit, in a manner that corresponds with publication under paragraph (6), the information described in paragraph (3) for the preceding week to— (A) the Ombudsperson; and (B) 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. (5) Additional requirements (A) Reliability and consistency of data collection system The data collection system developed and implemented under paragraph (1) shall— (i) ensure that— (I) data collected is reliable and consistent over time and among jurisdictions through the use of uniform definitions and methodologies; and (II) publicly available data remains reliable and consistent over time, unless— (aa) the removal of data from the public domain protects individuals or groups of individuals from harm or potential harm; or (bb) a modification to a definition or methodology is necessary to allow the Office of Refugee Resettlement to serve unaccompanied noncitizen children better, individually or as a group; and (ii) for the information described in paragraph (3)(F), include metadata with respect to whether, and in what form, such information may be made available to the public, with the presumption that information shall be made available to the public— (I) in the least restricted form that protects individual privacy; and (II) on the same internet website used for publication under paragraph (6). (B) Incentives The Director shall use appropriate requirements and incentives to ensure that the data collection system developed and implemented under paragraph (1) functions reliably throughout the United States. (6) Publication (A) Monthly report (i) In general Not less frequently than monthly, the Director shall publish on a publicly accessible internet website of the Office of Refugee Resettlement the following: (I) As of the last day of the preceding calendar month, the figures for the data collected under subparagraphs (C), (D)(ii), and (E)(ii) of paragraph (3). (II) For each calendar month, the figures for the data collected under subparagraphs (D)(i), (E)(i), (E)(v), and (E)(vi) of paragraph (3). (III) If an influx facility, an emergency facility, or any other unlicensed facility is in operation to house noncitizen children, the figures for the data collected under paragraph (3)(E)(ix) and any other data required to ensure oversight and transparency under section 306. (IV) The data and measures described in paragraph (3)(F) for which new or continuing publication is— (aa) in the public interest; or (bb) required under paragraph (5)(A). (V) A description of any change between the information reported under subclauses (I) through (IV) for the reporting period and such information reported for the preceding reporting period. (ii) Aggregation of data The information published under clause (i) shall be aggregated so as to facilitate uniform monthly reporting. (B) Annual report (i) In general Not less frequently than annually, the Director shall publish on a publicly accessible internet website of the Office of Refugee Resettlement the following: (I) As of the last day of each fiscal year, the figures for the data collected under subparagraphs (E)(iii), (E)(v), (E)(vii), and (E)(viii) of paragraph (3). (II) The data and measures described in paragraph (3)(F) for which new or continuing publication is— (aa) in the public interest; or (bb) required under paragraph (5)(A). (III) A description of any change between the information reported under subclauses (I) and (II) for the reporting period and such information reported for the preceding reporting period. (ii) Aggregation of data The information published under clause (i) shall be aggregated so as to facilitate uniform annual reporting. (c) Ombudsperson review of data The Secretary of Health and Human Services and the Secretary of Homeland Security shall— (1) ensure that the Ombudsperson— (A) has access to all real-time data regarding noncitizen children in immigration custody; and (B) is able to independently and regularly review data collected by the Department of Health and Human Services and Department of Homeland Security with respect to such children; (2) respond in a timely manner to inquiries from the Ombudsperson with respect to such data; and (3) promptly take any necessary corrective action with respect to the accuracy and integrity of such data. 603. Enforcement (a) Audits (1) In general Not less frequently than annually, the Director shall conduct an audit of each childcare facility, which shall include a site visit— (A) to assess compliance of the childcare facility with the requirements of this Act; and (B) to determine whether the operator of the childcare facility continues to be a State-licensed program. (2) Report to Ombudsperson Not later than 7 days after the date on which the Director completes an audit under subsection (a), the Director shall submit to the Ombudsperson a report on the audit, including a description of any corrective action required to bring the childcare facility into compliance. (b) Violations (1) Notification With respect to a childcare facility found to be in violation of this Act, the Director shall provide the State-licensed program concerned with a written notification of each deficiency. (2) Appeal (A) In general A State-licensed program shall have the opportunity to administratively appeal a finding of deficiency in a childcare facility operated by the State-licensed program. (B) No new referrals During the pendency of an appeal under subparagraph (A), the childcare facility may not receive new placements of unaccompanied noncitizen children. (3) Debarment Consistent with the Federal Acquisition Regulation, any operator of a childcare facility that fails to maintain an appropriate State license or meet the standards set forth in this Act shall be debarred or suspended from contracting with the Secretary for not less than 3 years. (c) Civil action (1) In general An unaccompanied noncitizen child or the parent, legal guardian, or prospective sponsor of such a child alleging noncompliance by a State-licensed program with the standards and procedures set forth in this Act for childcare facilities may commence a cause of action in a district court of the United States that has venue over the matter. (2) Venue Venue for an action under paragraph (1) may be found in— (A) the district in which the original childcare facility in which the unaccompanied noncitizen child concerned was placed is located; or (B) the district in which the childcare facility to which the unaccompanied noncitizen child was transferred is located. (d) Limited review Review under this section shall be limited to entering an order solely affecting the individual claims of the unaccompanied noncitizen child or the parent, legal guardian, or prospective sponsor seeking such review. (e) Interference with Ombudsperson An employee of a Federal or State agency, a contractor of a Federal or State agency, or a care provider who intentionally prevents, interferes with, or attempts to impede the work of the Ombudsperson shall be subject to a civil penalty, which shall be not more than $2,500 for each violation. (f) Breach of duty of care If the Ombudsperson has reason to believe that an employee of a Federal or State agency or a contractor of a Federal or State agency has, in the conduct of official duties, breached the duty of care or engaged in misconduct, the Ombudsperson shall refer the matter to the head of such Federal or State agency, a grand jury, or other appropriate official or agency. (g) Criminal penalty for discrimination or retaliation A violation of section 604 or any provision of title VII shall be a misdemeanor. 604. Protection from retaliation (a) In general The Director may not— (1) take an adverse action against an Office of Refugee Resettlement-funded legal services provider, child advocate program, or any other entity based on the legal services provider, child advocate program, or other entity having pursued judicial review or a civil action under this Act, or any civil action in a State court, on behalf of an unaccompanied noncitizen child or the parent, legal guardian, or prospective sponsor of such a child; or (2) discourage, interfere in, or withdraw funds from any Office of Refugee Resettlement-funded legal services provider, child advocate program, or any other entity that— (A) pursues judicial review or a civil action under this Act, or any civil action in State court, to challenge the conditions of such a child's custody or the denial of release from custody; or (B) assists such a child or the parent, legal guardian, or prospective sponsor of such a child to so challenge. (b) Protection for individuals filing complaints with Ombudsperson An employee of a Federal or State agency, a contractor for a Federal or State agency, or a care provider shall not retaliate against any individual for having filed a complaint with, or provided information to, the Ombudsperson. (c) Protections for noncitizen children reporting discrimination Noncitizen children in immigration custody may not be retaliated against for reporting discrimination, filing a charge of discrimination, or participating in a discrimination investigation or lawsuit. 605. Mandatory access to detention facilities for Members of Congress (a) In general Subject to subsection (c), the Secretary concerned shall allow a Member of Congress to tour any facility in which 1 or more detained individuals are housed, including unaccompanied noncitizen children, at a time between 8:00 a.m. and 7:00 p.m. on a date requested by the Member of Congress if, not later than 24 hours before the date requested in the case of a Department of Homeland Security facility, or not later than 2 business days before the date requested in the case of a Department of Health and Human Services facility, the Secretary concerned receives written notice from the Member of Congress that includes— (1) the name of the facility; and (2) the date on which the Member of Congress intends to tour the facility. (b) Accompanying members of the press (1) In general Subject to paragraph (2), the Secretary concerned shall allow 1 or more members of the press to accompany a Member of Congress on a tour of a facility under this section. (2) Limitations (A) Still or video cameras The Secretary concerned shall not be required to allow a member of the press to enter a facility under paragraph (1) with a still or video camera. (B) Personally identifying information As a condition of entering a facility under paragraph (1), a member of the press shall agree not to release any personally identifying information of a staff member of the facility or a child housed at the facility without the express authorization of such staff member or child. (c) Limitation The Secretary concerned may limit a tour under subsection (a) to— (1) in the case of a facility that houses not more than 50 unaccompanied noncitizen children— (A) not more than 5 Members of Congress; and (B) accompanying members of the press under subsection (b); and (2) in the case of a facility that houses more than 50 detained individuals, including unaccompanied noncitizen children— (A) not more than 10 Members of Congress; and (B) accompanying members of the press under subsection (b). (d) Definition of Secretary concerned In this section, the term Secretary concerned means, as applicable— (1) the Secretary of Homeland Security; or (2) the Secretary of Health and Human Services. VII Nondiscrimination 701. Fair and equal treatment (a) In general All noncitizen children in immigration custody shall be treated fairly and equally and provided with inclusive, safe, and nondiscriminatory services. (b) Freedom from discrimination (1) In general Noncitizen children in immigration custody shall have the right to be free from discrimination and harassment on the basis of actual or perceived characteristics relating to race, ethnic group identification, ancestry, national origin, color, religion, sex (including sexual orientation, gender identity, and expression), language, mental or physical disability, or HIV status. (2) Provision of services Services provided to noncitizen children under this Act shall be delivered in a manner that is sensitive to the age, culture, native language, and complex needs of each noncitizen child. (c) Rule of construction Nothing in this title shall be construed to diminish any protection under any other Federal or State anti-discrimination law. 702. Responsibilities of care providers (a) In general During the entire period in which a noncitizen child is held in immigration custody, the child's care providers shall ensure that the child— (1) is treated and served fairly and equally; (2) is treated with dignity and respect; (3) is cared for in an inclusive and respectful environment; and (4) is not subject to discrimination or harassed based on actual or perceived characteristics. (b) Special considerations During the entire period in which a noncitizen child is held in immigration custody, the child's care providers— (1) in the case of an noncitizen indigenous child, in partnership with the noncitizen indigenous child and, to the extent practicable, the parents, extended family, and members of the cultural community of the child, shall make active efforts to maintain the child's connections to culture, tradition, and prevailing indigenous lifeways, including through culturally appropriate programs and services; (2) shall maintain privacy and confidentiality of information relating to the child's sexual orientation and gender identity; (3) shall use the child's correct names and pronouns corresponding to the child’s gender identity; (4) in the case of an LGBTQI child— (A) shall— (i) ensure that the child is housed according to an assessment of the child's gender identity and housing preference, health and safety needs, and State and local licensing standards; (ii) offer an individualized assessment to determine whether additional or alternate restroom accommodations should be provided; (iii) allow the child to dress and express themselves according to their gender identity; (iv) allow the child to choose the gender of staff that will conduct a pat-down search if such a search is necessary; and (v) consider the child’s gender self-identification and the effects of a housing assignment on the child’s health and safety; and (B) shall not— (i) label the child as a likely abuser or punish the child for the child's sexual orientation, gender identity, or gender expression; or (ii) isolate or involuntarily segregate the noncitizen child solely because of the child's sexual orientation, gender identity, or gender expression. VIII Information sharing and data protection 801. Separation of records The Director shall ensure that— (1) all unaccompanied noncitizen children's personal information and Office of Refugee Resettlement case files and records are maintained separately and apart from such children's immigration files (commonly known as A-Files ); and (2) such case files and records are not accessible by the Department of Homeland Security. 802. Prohibition on use for denial of relief or in removal proceedings An unaccompanied noncitizen child's Office of Refugee Resettlement case file or record shall not be used by the Secretary of Homeland Security or the Attorney General— (1) to deny any application for relief; or (2) to facilitate involuntary removal in any proceeding, including expedited removal, reinstatement of removal, and proceedings under section 362 or 365 of the Public Health Service Act ( 42 U.S.C. 265 , 268). 803. Disclosure (a) Informed consent required (1) In general The personal information and Office of Refugee Resettlement case file and records of an unaccompanied noncitizen child— (A) shall be confidential; and (B) subject to paragraph (2), may only be disclosed if the child has— (i) consulted with the child's legal counsel; and (ii) provided informed consent for disclosure. (2) Children under 12 years of age In the case of an unaccompanied noncitizen child under the age of 12 years, only the parent, legal guardian, or sponsor may provide consent for disclosure of the personal information or Office of Refugee Resettlement case file of the child. (3) Subsequent disclosure prohibited Once disclosed, the personal information or Office of Refugee Resettlement case file of an unaccompanied noncitizen child may not be subsequently disclosed to a third party unless the child has— (A) consulted with his or her legal counsel; and (B) provided informed consent for disclosure. 804. Prohibition on information sharing (a) Child in custody and prospective sponsors The Director may not provide any information about an unaccompanied noncitizen child in the custody of the Secretary, or prospective sponsors, to the Attorney General or the Secretary of Homeland Security without consent of the unaccompanied noncitizen child concerned or the prospective sponsor, as applicable, and the legal counsel of the child or sponsor, respectively. (b) Immigration enforcement (1) In general The sharing of any information between the Office of Refugee Resettlement and the Department of Homeland Security for purposes of immigration enforcement is prohibited. (2) Explanation for prospective sponsors The Director shall ensure that Office of Refugee Resettlement communications with sponsors and prospective sponsors, including the family reunification application packet, includes an explanation that information provided to the Office of Refugee Resettlement may only be shared with the Department of Homeland Security if the child and sponsor or prospective sponsor concerned have provided informed consent. (c) Relief from removal The sharing of any information between the Office of Refugee Resettlement and the Department of Homeland Security or the Department of Justice for purposes of relief from removal is prohibited. (d) Exceptions (1) In general The Secretary may provide for the disclosure of information in the same manner and circumstances as census information may be disclosed by the Secretary of Commerce under section 8 of title 13, United States Code. (2) National security purposes The Secretary may provide for the disclosure of information to national security officials to be used solely for a national security purpose in a manner that protects the confidentiality of such information. (3) Law enforcement purposes The Secretary may provide for the disclosure of information to law enforcement officials to be used solely for a legitimate law enforcement purpose in a manner that protects the confidentiality of such information. (4) Eligibility for benefits The Secretary may disclose information to Federal, State, and local public and private agencies providing benefits, to be used solely in making determinations of eligibility for benefits pursuant to section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1641 ). (5) Adjudication of applications for relief Government entities adjudicating applications for relief under the immigration laws and government personnel carrying out mandated duties under section 101(i)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(i)(1) ), may, with the prior written consent of the noncitizen involved, communicate with nonprofit, nongovernmental victims’ service providers for the sole purpose of assisting victims in obtaining victim services from programs with expertise in working with immigrant victims. Agencies receiving referrals are bound by the provisions of this section. Nothing in this paragraph shall be construed as affecting the ability of an applicant to designate a safe organization through which Governmental agencies may communicate with the applicant. (e) Rule of construction Subsections (a), (b), and (c) shall not be construed as preventing— (1) disclosure of information in connection with judicial review of a determination in a manner that protects the confidentiality of such information; or (2) the Secretary from disclosing to the chair and ranking members of the Committee on the Judiciary of the Senate or the Committee on the Judiciary of the House of Representatives, for the exercise of congressional oversight authority, information on closed cases under this section in a manner that protects the confidentiality of such information and that omits personally identifying information (including locational information about individuals). 805. Counseling records (a) In general Subject to subsection (b), information shared by an unaccompanied noncitizen child in counseling sessions, and written records and notes of counseling sessions, may not be shared with the child’s case management specialist or any other employee of the Office of Refugee Resettlement, the Department of Health and Human Services, the Department of Justice, or the Department of Homeland Security. (b) Disclosure The information, records, and notes described in subsection (a) may be shared— (1) with an employee described in that subsection only if the child presents a documented imminent threat to himself or herself or to any other individual; or (2) with the Department of Justice or the Department of Homeland Security if the child has— (A) consulted with his or her legal counsel; and (B) provides informed consent for the disclosure. (c) Juvenile information (1) In general Juvenile information, including records of children separated from family, shall remain confidential regardless of the child's immigration status. (2) Rule of construction Nothing in this Act may be construed as authorizing— (A) the disclosure of juvenile information to Federal officials absent a court order of the judge of the juvenile court on filing a petition; (B) the dissemination of juvenile information to, or by, Federal officials absent a court order of the judge of the juvenile court on filing a petition; (C) the attachment of juvenile information to any other document given to, or provided by, Federal officials absent prior approval of the presiding judge of the juvenile court; or (D) any disclosure that would otherwise violate this Act. (3) Definition of juvenile information In this section, the term juvenile information includes the juvenile case file and information related to a noncitizen child (including the name, date, and place of birth of the child, the child's health and education records, and the immigration status of the child) that is— (A) obtained or created independent of, or in connection with, immigration, asylum, or juvenile court proceedings of which the child is a subject; and (B) maintained by any Federal or State agency, including a court, probation office, child welfare agency, or law enforcement agency. 806. Data protection for sponsors (a) In general With respect to any information required of sponsors or prospective sponsors or any data collected in pursuit of sponsorship, the following protections shall apply: (1) Such information and data— (A) may not be disclosed for any purpose or effect other than reunification of the family unit, placement of a child with a sponsor, or oversight by Congress; (B) shall be immune from legal process; and (C) shall not, without the consent of the sponsor or prospective sponsor concerned, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceeding. (2) The Secretary or any other officer or employee of the Department of Health and Human Services may not— (A) use such information or data for any purpose other than for purposes of reunification under section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 ); (B) make any publication in which such information or data can be identified; or (C) permit any individual other than the sworn officers and employees of the Department of Health and Human Services to examine such information or data. IX Miscellaneous provision 901. Rule of construction Nothing in this Act may be construed— (1) to limit the rights of a noncitizen child— (A) to preserve 1 or more issues for judicial review in the appeal of an individual case; or (B) to exercise any independent right the noncitizen child may otherwise have; (2) to affect the application of the Flores settlement agreement to all children in immigration custody; (3) to abrogate, modify, or replace the Flores settlement agreement; or (4) to preclude or limit Flores settlement agreement class counsel from conducting independent investigations or seeking enforcement actions relating to violations of the Flores settlement agreement in any appropriate district court of the United States. | https://www.govinfo.gov/content/pkg/BILLS-117s4529is/xml/BILLS-117s4529is.xml |
117-s-4530 | II 117th CONGRESS 2d Session S. 4530 IN THE SENATE OF THE UNITED STATES July 14, 2022 Mr. Coons (for himself and Mr. Sasse ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the National and Community Service Act of 1990 to establish an Office of Civic Bridgebuilding within the Corporation for National and Community Service, and for other purposes.
1. Short title This Act may be cited as the Building Civic Bridges Act . 2. Civic Bridgebuilding Subtitle H of title I of the National and Community Service Act of 1990 ( 42 U.S.C. 12653 et seq. ) is amended by adding at the end the following: VI Civic Bridgebuilding 198T. Office of Civic Bridgebuilding (a) Establishment There shall be in the Corporation an Office of Civic Bridgebuilding (in this section referred to as the Office ). The Office shall be headed by an Officer of Civic Bridgebuilding, who shall be designated by the Chief Executive Officer pursuant to section 195(b). (b) Duties The Officer of Civic Bridgebuilding shall carry out each of the following: (1) Administer the grant program described in subsection (d) to support civic bridgebuilding across the United States, including by establishing standardized criteria (based on principles of scientific research) to track the effectiveness of projects and activities funded under such program. (2) Support the Corporation in providing training in skills and techniques relevant to civic bridgebuilding (with the consideration of best practices collected by the Office, including through input from the Advisory Committee under subsection (c))— (A) for participants (including individuals who have been selected to be participants) of a program receiving funding under a national service law; and (B) upon request by an organization that receives funding under a national service law or that is carrying out a program in which participants described in subparagraph (A) are participating, for such organization. (3) Select the members of the Advisory Committee under subsection (c). (4) Support research and evaluations on civic bridgebuilding and the dissemination of related information, including through— (A) evaluation and oversight of the grant program described in subsection (d); (B) as the Corporation determines necessary, collaboration (including through the evaluation of the activities of the Corporation relating to civic bridgebuilding and civic engagement) between the Office and other offices (such as the Office of Research and Evaluation), teams, or individuals within the Corporation; and (C) the establishment of a publicly available collection of publications for a research base for the purposes of monitoring national metrics for civic bridgebuilding and assembling research focused on evaluating the extent to which civic bridgebuilding and civic engagement activities strengthen or weaken other civic bridgebuilding and civic engagement activities and outcomes in the United States. (5) Activate a public conversation about the importance of civic bridgebuilding by convening and coordinating civic bridgebuilding programs and providing resources, networking, and collaboration opportunities to individuals and entities in the civic bridgebuilding field, such as through— (A) network cultivation to strengthen the community of those involved, interested, or engaged in the civic bridgebuilding field, including through activities such as— (i) in-person and virtual events for the public to showcase impactful practices, bring civic bridgebuilding leaders together, present relevant research, and explore emerging needs that would benefit from civic bridgebuilding; (ii) organizing peer-learning opportunities to facilitate conversations within the civic bridgebuilding field; (iii) organizing and distributing lists of civic bridgebuilding leaders and organizations and groups in the civic bridgebuilding field; and (iv) coordinating national communications among civic bridgebuilding leaders, including through the promotion of civic bridgebuilding programs and sharing stories of local impact; and (B) developing or distributing resources to expand best practices in the civic bridgebuilding field, including through— (i) the curation of a digital resource hub focused on sharing resources from entities that receive grants under subsection (d), civic bridgebuilding leaders, civic bridgebuilding programs, or the publicly available collection of publications for a research base established under paragraph (4)(C); and (ii) the production of new resources, training, or best practices based on lessons from the civic bridgebuilding field. (c) Advisory Committee (1) Establishment There is established within the Office of Civic Bridgebuilding an Advisory Committee. (2) Members (A) Selection The Advisory Committee shall be composed of 9 members selected by the Officer of Civic Bridgebuilding, including a member designated by the Officer of Civic Bridgebuilding as the Chairperson of the Advisory Committee, and such members shall be civic bridgebuilding leaders— (i) who represent diverse ideological, religious, racial, regional, or ethnic communities; and (ii) with relevant experience and expertise from the civic bridgebuilding field. (B) Terms of service A member of the Advisory Committee shall serve for a term of 3 years. (3) Duties The Advisory Committee shall carry out each of the following: (A) Provide advice and consultation to the Officer of Civic Bridgebuilding on the priorities and administration of the Office. (B) Conduct an annual review of grants awarded under subsection (d), with a focus on diversity, equity, and inclusion, and identifying any gaps or needs that emerged in an application cycle. (C) Conduct an annual review of the process of awarding grants under subsection (d), including a review of rubrics or metrics for selection of grant recipients used by the Officer of Civic Bridgebuilding. (D) Review the analysis provided under the peer review process under subsection (d)(5). (d) Civic bridgebuilding pilot grant program (1) In general From the amounts appropriated to carry out this subsection, the Corporation (acting through the Officer of Civic Bridgebuilding and in consultation with the Advisory Committee established under subsection (c))— (A) shall carry out a pilot program for a 3-year period to award grants, on a competitive basis, to eligible entities to support civic bridgebuilding programs across the United States; and (B) may carry out such a pilot program for additional 3-year periods. (2) Grant period A grant awarded under this subsection shall be for a 1-year period. Grants shall be awarded under this subsection in 3 grant cycles for each 3-year period of the program carried out under paragraph (1). (3) Application To be eligible to receive a grant under this subsection, an eligible entity shall submit an application to the Corporation at such time, in such manner, and containing such information and assurances as the Corporation may require, including— (A) a description of the project that will be funded with the grant; (B) an explanation of how that such project will— (i) engage diverse communities; (ii) facilitate the establishment or continuation of civic bridgebuilding, which may include addressing the root causes of polarization as articulated in the publicly available collection of publications for a research base established under subsection (b)(4)(C); (iii) reflect research supporting the efficacy and impact of the proposed approach for the project; and (iv) ensure physical, social, and psychological safety for all participants involved in the project; (C) a description of evidence-based best practices for how such safety will be achieved; and (D) an assurance that the eligible entity will report outcomes of such project to track effectiveness based on standardized criteria established by the Office of Civic Bridgebuilding under subsection (b)(1) or will evaluate the impact of such project based on principles of scientific research. (4) Uses of funds An eligible entity receiving a grant under this subsection shall use the grant funds to carry out a project to advance civic bridgebuilding in communities across the United States, which may include addressing the root causes of polarization as articulated in the publicly available collection of publications for a research base established under subsection (b)(4)(C). (5) Peer review process The Corporation shall establish a peer review process which shall include consultation with research communities in the civic bridgebuilding field to analyze the process of awarding grants (and the grants that are awarded) under this subsection. (e) Comptroller General The Comptroller General of the United States shall, on an annual basis, submit to Congress a report, which summarizes and assesses the effectiveness and impact of the activities carried out under grants awarded under subsection (d). (f) Definitions In this section: (1) Civic bridgebuilding The term civic bridgebuilding — (A) means an activity that— (i) fosters respect between diverse communities; (ii) strengthens relationships across lines of difference; (iii) forges a sense of common civic purpose; and (iv) seeks to solve a community problem and diminish polarization; and (B) includes— (i) activities that take place in local communities, where individuals and institutions come together to build empathy, strengthen belonging, and address local issues; and (ii) activities at the field level, where civic bridgebuilding leaders work together to share research and best practices, learn from one another, and grow other civic bridgebuilding. (2) Civic bridgebuilding leader The term civic bridgebuilding leader means an individual who leads civic bridgebuilding programs or efforts. (3) Civic engagement The term civic engagement means an individual or collective action designed to address a public concern or an unmet human, educational, health care, environmental, or public safety need. (4) Eligible entity The term eligible entity means a nonprofit entity, public institution, elementary school, secondary school, institution of higher education, religious group, or consortium of any such entities. (5) Public institution The term public institution means a library or unit of State, local, or special purpose government. (6) Research The term research means research which embodies principles of scientific research. (7) Research base The term research base means any publications that contain observations, analysis, and conclusions based on principles of scientific research with respect to the challenges of political and social polarization in the United States, and practical approaches to strengthen social cohesion, foster a sense of national connection, or improve intergroup relations in divided communities. (g) Authorization of appropriations There are authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2023 through 2025. . 3. Table of contents The table of contents in section 1(b) of the National and Community Service Act of 1990 is amended by inserting at the end of the item relating to subtitle H of title I, the following: Part VI—Civic Bridgebuilding Sec. 198T. Office of Civic Bridgebuilding. . | https://www.govinfo.gov/content/pkg/BILLS-117s4530is/xml/BILLS-117s4530is.xml |
117-s-4531 | II 117th CONGRESS 2d Session S. 4531 IN THE SENATE OF THE UNITED STATES July 14, 2022 Ms. Murkowski (for herself and Mr. Sullivan ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To codify certain public land orders relating to the revocation of certain withdrawals of public land in the State of Alaska.
1. Codification of public land orders relating to the revocation of withdrawals of public land in the State of Alaska The provisions of the following public land orders of the Bureau of Land Management are enacted into law: (1) Public Land Order No. 7899 (86 Fed. Reg. 5236 (January 19, 2021)). (2) Public Land Order No. 7900 (relating to the partial revocation of Public Land Orders Nos. 5174, 5175, 5176, 5179, 5180, 5184, 5186, 5188, and 5353, Alaska), signed by the Secretary of the Interior on January 16, 2021. (3) Public Land Order No. 7901 (relating to the partial revocation of Public Land Orders Nos. 5174, 5179, 5180, 5184, and 5186, Alaska), signed by the Secretary of the Interior on January 16, 2021. (4) Public Land Order No. 7902 (relating to the partial revocation of Public Land Orders Nos. 5172, 5173, 5179, 5180, 5184, and 5186, Alaska), signed by the Secretary of the Interior on January 15, 2021. (5) Public Land Order No. 7903 (relating to the partial revocation of Public Land Orders Nos. 5174, 5176, 5178, 5179, 5180, 5184, and 5186, Alaska), signed by the Secretary of the Interior on January 16, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s4531is/xml/BILLS-117s4531is.xml |
117-s-4532 | II 117th CONGRESS 2d Session S. 4532 IN THE SENATE OF THE UNITED STATES July 14, 2022 Ms. Hassan introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Community Reinvestment Act of 1977 to provide financial institutions with credit for providing community business development referrals or resources, and for other purposes.
1. Short title This Act may be cited as the Strengthening Community Business Development Act . 2. CRA credit for providing community business development referrals or resources Section 804 of the Community Reinvestment Act of 1977 ( 12 U.S.C. 2903 ) is amended by adding at the end the following: (e) Referrals to community business development organizations (1) Definition In this subsection, the term community business development organization — (A) means an organization that provides low- and moderate-income borrowers with business development resources, including— (i) credit improvement programs; (ii) business counseling and mentoring; (iii) financial literacy programs; and (iv) business development courses; and (B) includes— (i) a district office of the Small Business Administration; (ii) a small business development center described in section 21 of the Small Business Act ( 15 U.S.C. 648 ); (iii) a women's business center described in section 29 of the Small Business Act ( 15 U.S.C. 649 ); (iv) an entrepreneurial center that offers business development resources, including— (I) workshops, training, educational programs, and other business development services; and (II) mentorship and business counseling services; (v) the Service Corps of Retired Executives authorized under section 8(b)(1)(B) of the Small Business Act ( 15 U.S.C. 637(b)(1)(B) ); and (vi) a Veteran Business Outreach Center described in section 32 of the Small Business Act ( 15 U.S.C. 657b ). (2) Requirement In assessing and taking into account, under subsection (a), the record of a financial institution, the appropriate Federal financial supervisory agency may consider, as a factor, efforts of the financial institution to— (A) refer low- and moderate-income borrowers to whom they have denied business loans to community business development organizations; or (B) directly provide low- and moderate-income borrowers with business development resources. (3) Guidance (A) In general Not later than 60 days after the date of enactment of this subsection, the appropriate Federal financial supervisory agencies shall issue guidance to carry out this subsection. (B) Consideration of small financial institutions In issuing the guidance required under subparagraph (A), the appropriate Federal financial supervisory agencies shall consider ways for small financial institutions to receive credit for referrals and resources provided under paragraph (2). (C) Additional guidance The Secretary of the Treasury shall issue guidance for financial institutions on the process of referring a borrower to a community business development organization in a manner that responds to community needs. . | https://www.govinfo.gov/content/pkg/BILLS-117s4532is/xml/BILLS-117s4532is.xml |
117-s-4533 | II 117th CONGRESS 2d Session S. 4533 IN THE SENATE OF THE UNITED STATES July 14, 2022 Mr. Kennedy (for himself, Mrs. Hyde-Smith , Mr. Rubio , and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To reauthorize the National Flood Insurance Program.
1. Short title This Act may be cited as the NFIP Extension Act of 2022 . 2. Reauthorization of national flood insurance program (a) Financing Section 1309(a) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4016(a) ) is amended by striking September 30, 2022 and inserting September 30, 2023 . (b) Program expiration Section 1319 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4026 ) is amended by striking September 30, 2022 and inserting September 30, 2023 . (c) Retroactive effective date If this Act is enacted after September 30, 2022, the amendments made by subsections (a) and (b) shall take effect as if enacted on September 30, 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s4533is/xml/BILLS-117s4533is.xml |
117-s-4534 | II 117th CONGRESS 2d Session S. 4534 IN THE SENATE OF THE UNITED STATES July 14, 2022 Mrs. Gillibrand introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To increase the supply of, and lower rents for, affordable housing and to assess calculations of area median income for purposes of Federal low-income housing assistance, and for other purposes.
1. Short title This Act may be cited as the Affordable Housing and Area Median Income Fairness Act of 2022 . 2. Definitions In this Act: (1) Area median income The term area median income means median income for an area, as such term is used in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) ), median family income, and any other substantively similar metric that the Secretary uses to refer to the median income level for a given area or jurisdiction for purposes of any program administered by the Secretary. (2) High housing cost adjustment The term high housing cost adjustment means an adjustment for high housing costs or high construction costs, or any substantively similar adjustment that the Secretary may use to increase income limits for areas where the cost of housing is abnormally high compared to the median income for such area, for purposes of any program administered by the Secretary. (3) Secretary The term Secretary means the Secretary of Housing and Urban Development. 3. Urgent support for affordable housing infrastructure (a) Home Investment partnerships program (1) Authorization of appropriations There is authorized to be appropriated to carry out title II of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 1721 et seq. ) $5,000,000,000 for each of fiscal years 2023 through 2032. (2) Limitation Any amounts appropriated pursuant to paragraph (1) shall be used only for assistance for any area within a jurisdiction for which the Secretary has applied a high housing cost adjustment. (b) Community development block grants (1) Authorization of appropriations There is authorized to be appropriated for community development block grant assistance under section 106 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5306 ) $5,000,000,000 for each of fiscal years 2023 through 2032. (2) Limitation Any amounts appropriated pursuant to paragraph (1) shall be used only for assistance for any area within a jurisdiction for which the Secretary has applied a high housing cost adjustment. (c) Housing Trust Fund (1) Authorization of appropriations There is authorized to be appropriated to the Housing Trust Fund established under section 1338(a) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4568(a) ) $5,000,000,000 for each of fiscal years 2023 through 2032. (2) Limitation Any amounts appropriated pursuant to paragraph (1) shall be used only for assistance for any area within a jurisdiction for which the Secretary has applied a high housing cost adjustment. 4. Assessment regarding optimizing use of area median income to support affordable housing in urban areas (a) Assessment of alternative calculation methods Not later than 180 days after the date of enactment of this Act, the Secretary shall commence an assessment of alternative methods for calculating area median income, and the use of alternative metrics, for programs administered by the Secretary that would make housing more affordable for low-income families residing in urban areas across the United States, which shall include analysis of the topics identified in subsection (b). (b) Report Not later than 2 years after the date of enactment of this Act, 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, and make publicly available, a report setting forth the results of the assessment conducted pursuant to subsection (a), which shall include— (1) a review and summarization of significant findings and recommendations from any related previous reports regarding area median income; (2) an assessment of the extent and impacts of the affordable housing crisis in urban areas across the United States, particularly within jurisdictions for which the Secretary has applied a high housing cost adjustment, including a comparison of rent burdens for very low-income households in jurisdictions with and without high housing cost adjustments; (3) an analysis and assessment of the effects that high housing cost adjustments have had on income limits and rent prices in jurisdictions for which the Secretary has applied such an adjustment, including any effects on maximum rents allowed under sections 42 and 142 of the Internal Revenue Code of 1986 for tax-subsidized units; (4) an updated assessment of the potential impacts to affordable housing, particularly on income limits and rent prices, of calculating area median income on a ZIP Code-level basis and using other localized methodologies; (5) a process through which State housing authorities may designate area median income jurisdictions within that State; (6) an assessment of alternative metrics to area median income for the purposes of setting income levels and related thresholds for affordable housing programs administered by the Secretary; (7) recommendations for how the Secretary could reform or eliminate use of area median income for the purposes of making housing more affordable for low-income and middle class families in urban areas; (8) any further recommendations for how the Secretary could use existing authorities to make housing more affordable for low-income and middle class families in urban areas, particularly for such families for which the Secretary has applied a high housing cost adjustment; and (9) an assessment of the impacts that Westchester and Rockland Counties in New York State have on the City of New York's area median income, related metrics, and affordable housing supply, including on income limits and maximum rent prices for affordable housing units within the jurisdiction of the City of New York. (c) Methodology Not later than 45 days after the date of enactment of this Act, 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 describing the methodology that will be used to conduct the assessment under this section. | https://www.govinfo.gov/content/pkg/BILLS-117s4534is/xml/BILLS-117s4534is.xml |
117-s-4535 | II 117th CONGRESS 2d Session S. 4535 IN THE SENATE OF THE UNITED STATES July 14, 2022 Mr. Burr introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Federal Food, Drug, and Cosmetic Act to revise and extend the user-fee programs for prescription drugs, medical devices, generic drugs, and biosimilar biological products, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Food and Drug Administration Simple Reauthorization Act of 2022 or the FDASRA Act of 2022 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Fees relating to drugs Sec. 101. Short title; finding. Sec. 102. Definitions. Sec. 103. Authority to assess and use drug fees. Sec. 104. Reauthorization; reporting requirement. Sec. 105. Sunset dates. Sec. 106. Effective date. Sec. 107. Savings clause. TITLE II—Fees relating to devices Sec. 201. Short title; finding. Sec. 202. Definitions. Sec. 203. Authority to assess and use device fees. Sec. 204. Reauthorization; reporting requirement. Sec. 205. Accreditation programs. Sec. 206. Sunset dates. Sec. 207. Effective date. Sec. 208. Savings clause. TITLE III—Fees relating to generic drugs Sec. 301. Short title; finding. Sec. 302. Authority to assess and use human generic drug fees. Sec. 303. Reauthorization; reporting requirements. Sec. 304. Sunset dates. Sec. 305. Effective date. Sec. 306. Savings clause. TITLE IV—Fees relating to biosimilar biological products Sec. 401. Short title; finding. Sec. 402. Definitions. Sec. 403. Authority to assess and use biosimilar biological product fees. Sec. 404. Reauthorization; reporting requirements. Sec. 405. Sunset dates. Sec. 406. Effective date. Sec. 407. Savings clause. TITLE V—Other reauthorizations Sec. 501. Reauthorization of the critical path public-private partnership. Sec. 502. Reauthorization of the best pharmaceuticals for children program. Sec. 503. Reauthorization of the humanitarian device exemption incentive. Sec. 504. Reauthorization of the pediatric device consortia program. Sec. 505. Reauthorization of provision pertaining to drugs containing single enantiomers. Sec. 506. Reauthorization of orphan drug grants. Sec. 507. Reauthorization of certain device inspections. I Fees relating to drugs 101. Short title; finding (a) Short title This title may be cited as the Prescription Drug User Fee Amendments of 2022 . (b) Finding Congress finds that the fees authorized by the amendments made in this title will be dedicated toward expediting the drug development process and the process for the review of human drug applications, including postmarket drug safety activities, as set forth in the goals identified for purposes of part 2 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379g et seq. ), in the letters from the Secretary of Health and Human Services to the Chairman of the Committee on Health, Education, Labor, and Pensions of the Senate and the Chairman of the Committee on Energy and Commerce of the House of Representatives, as set forth in the Congressional Record. 102. Definitions Section 735 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379g ) is amended— (1) in paragraph (1), in the matter following subparagraph (B), by striking an allergenic extract product, or and inserting does not include an application with respect to an allergenic extract product licensed before October 1, 2022, does not include an application with respect to a standardized allergenic extract product submitted pursuant to a notification to the applicant from the Secretary regarding the existence of a potency test that measures the allergenic activity of an allergenic extract product licensed by the applicant before October 1, 2022, does not include an application with respect to ; (2) in paragraph (3), in the matter following subparagraph (C)— (A) by inserting licensed before October 1, 2022, a standardized allergenic extract product submitted pursuant to a notification to the applicant from the Secretary regarding the existence of a potency test that measures the allergenic activity of an allergenic extract product licensed by the applicant before October 1, 2022, after an allergenic extract product ; and (B) by adding at the end the following: If a written request to place a product in the discontinued section of either of the lists described in subparagraph (C) is submitted to the Secretary on behalf of an applicant, and the request identifies the date the product is, or will be, withdrawn from sale, then, for purposes of assessing the prescription drug program fee under section 736(a)(2), the Secretary shall consider such product to have been included in the discontinued section on the later of (i) the date such request was received, or (ii) if the product will be withdrawn from sale on a future date, such future date when the product is withdrawn from sale. For purposes of subparagraph (C), a product shall be considered withdrawn from sale once the applicant has ceased its own distribution of the product, whether or not the applicant has ordered recall of all previously distributed lots of the product, except that a routine, temporary interruption in supply shall not render a product withdrawn from sale. ; and (3) by adding at the end the following: (12) The term skin-test diagnostic product — (A) means a product— (i) for prick, scratch, intradermal, or subcutaneous administration; (ii) expected to produce a limited, local reaction at the site of administration (if positive), rather than a systemic effect; (iii) not intended to be a preventive or therapeutic intervention; and (iv) intended to detect an immediate or delayed-type skin hypersensitivity reaction to aid in the diagnosis of— (I) an allergy to an antimicrobial agent; (II) an allergy that is not to an antimicrobial agent, if the diagnostic product was authorized for marketing prior to October 1, 2022; or (III) infection with fungal or mycobacterial pathogens; and (B) includes positive and negative controls required to interpret the results of a product described in subparagraph (A). . 103. Authority to assess and use drug fees (a) Types of fees Section 736(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379h(a) ) is amended— (1) in the matter preceding paragraph (1), by striking 2018 and inserting 2023 ; (2) in paragraph (1)— (A) in subparagraph (A), by striking subsection (c)(5) each place it appears and inserting subsection (c)(6) ; (B) in subparagraph (C), by inserting prior to approval after or was withdrawn ; and (C) by adding at the end the following: (H) Exception for skin-test diagnostic products A human drug application for a skin-test diagnostic product shall not be subject to a fee under subparagraph (A). ; and (3) in paragraph (2)— (A) in subparagraph (A)— (i) by striking subsection (c)(5) and inserting subsection (c)(6) ; (ii) by striking Except as provided and inserting the following: (i) Payment of fees Except as provided ; and (iii) by adding at the end the following: (ii) Previously discontinued drug products If a drug product that is identified in a human drug application approved as of October 1 of a fiscal year is not a prescription drug product as of that date because the drug product is in the discontinued section of a list identified in section 735(3), and on any subsequent day during such fiscal year the drug product is a prescription drug product, then except as provided in subparagraphs (B) and (C), each person who is named as the applicant in a human drug application with respect to such product, and who, after September 1, 1992, had pending before the Secretary a human drug application or supplement, shall pay the annual prescription drug program fee established for a fiscal year under subsection (c)(6) for such prescription drug product. Such fee shall be due on the last business day of such fiscal year and shall be paid only once for each product for a fiscal year in which the fee is payable. ; and (B) by amending subparagraph (B) to read as follows: (B) Exception for certain prescription drug products A prescription drug program fee shall not be assessed for a prescription drug product under subparagraph (A) if such product is— (i) a large volume parenteral product (a sterile aqueous drug product packaged in a single-dose container with a volume greater than or equal to 100 mL, not including powders for reconstitution or pharmacy bulk packages) identified on the list compiled under section 505(j)(7); (ii) pharmaceutically equivalent (as defined in section 314.3 of title 21, Code of Federal Regulations (or any successor regulations)), to another product on the list of products compiled under section 505(j)(7) (not including the discontinued section of such list); or (iii) a skin-test diagnostic product. . (b) Fee revenue amounts Section 736(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379h(b) ) is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking 2018 through 2022 and inserting 2023 through 2027 ; (B) by redesignating subparagraphs (C) through (F) as subparagraphs (D) through (G), respectively; (C) by inserting after subparagraph (B) the following: (C) The dollar amount equal to the strategic hiring and retention adjustment for the fiscal year (as determined under subsection (c)(2)); ; (D) in subparagraph (D), as so redesignated, by striking (c)(2) and inserting (c)(3) ; (E) in subparagraph (E), as so redesignated, by striking (c)(3) and inserting (c)(4) ; (F) in subparagraph (F), as so redesignated, by striking (c)(4) and inserting (c)(5) ; and (G) in subparagraph (G), as so redesignated, by striking clauses (i) through (v) and inserting the following: (i) $65,773,693 for fiscal year 2023. (ii) $25,097,671 for fiscal year 2024. (iii) $14,154,169 for fiscal year 2025. (iv) $4,864,860 for fiscal year 2026. (v) $1,314,620 for fiscal year 2027. ; and (2) in paragraph (3)— (A) in subparagraph (A), by striking 2018, $878,590,000 and inserting 2023, $1,151,522,958 ; and (B) in subparagraph (B)— (i) by striking 2019 through 2022 and inserting 2024 through 2027 ; and (ii) by striking subsection (c)(3) or (c)(4) and inserting subsection (c)(4) or (c)(5) . (c) Adjustments; annual fee setting Section 736(c) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379h(c) ) is amended— (1) in paragraph (1)(B)(ii), by striking Washington-Baltimore, DC–MD–VA–WV and inserting Washington–Arlington–Alexandria, DC–VA–MD–WV ; (2) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively; (3) by inserting after paragraph (1) the following: (2) Strategic hiring and retention adjustment For each fiscal year, after the annual base revenue established in subsection (b)(1)(A) is adjusted for inflation in accordance with paragraph (1), the Secretary shall further increase the fee revenue and fees— (A) for fiscal year 2023, by $9,000,000; and (B) for fiscal year 2024 and each subsequent fiscal year, by $4,000,000. ; (4) in paragraph (3), as so redesignated— (A) in subparagraph (A)— (i) by striking for inflation ; and (ii) by striking paragraph (1) and inserting paragraphs (1) and (2) ; (B) by amending subparagraph (B) to read as follows: (B) Methodology For purposes of this paragraph, the Secretary shall employ the capacity planning methodology utilized by the Secretary in setting fees for fiscal year 2021, as described in the notice titled Prescription Drug User Fee Rates for Fiscal Year 2021 (85 Fed. Reg. 46651; August 3, 2020). The workload categories used in forecasting shall include only the activities described in such notice and, as feasible, additional activities that are directly related to the direct review of applications and supplements, including additional formal meeting types, the direct review of postmarketing commitments and requirements, the direct review of risk evaluation and mitigation strategies, and the direct review of annual reports for approved prescription drug products. Subject to the exceptions in the preceding sentence, the Secretary shall not include as workload categories in forecasting any non-core review activities, including any activities that the Secretary referenced for potential future use in such notice but did not utilize in the setting fees for fiscal year 2021. ; (C) by striking subparagraph (C); (D) by redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively; (E) in subparagraph (C), as so redesignated— (i) by striking year) and and inserting year), ; and (ii) by striking the period and inserting , and subsection (b)(1)(C) (the dollar amount of the strategic hiring and retention adjustment). ; and (F) in subparagraph (D), as so redesignated, by striking paragraph (5) and inserting paragraph (6) ; (5) in paragraph (4), as so redesignated— (A) by amending subparagraph (A) to read as follows: (A) Increase For fiscal year 2023 and subsequent fiscal years, the Secretary shall, in addition to adjustments under paragraphs (1), (2), and (3), further increase the fee revenue and fees if such an adjustment is necessary to provide for at least the following amounts of operating reserves of carryover user fees for the process for the review of human drug applications for each fiscal year, as follows: (i) For fiscal year 2023, at least 8 weeks of operating reserves. (ii) For fiscal year 2024, at least 9 weeks of operating reserves. (iii) For fiscal year 2025 and subsequent fiscal years, at least 10 weeks of operating reserves. ; and (B) in subparagraph (C), by striking paragraph (5) and inserting paragraph (6) ; (6) by amending paragraph (5), as so redesignated, to read as follows: (5) Additional direct cost adjustment The Secretary shall, in addition to adjustments under paragraphs (1), (2), (3), and (4), further increase the fee revenue and fees— (A) for fiscal year 2023, by $44,386,150; and (B) for fiscal years 2024 through 2027, by the amount set forth in clauses (i) through (iv), as applicable, multiplied by the Consumer Price Index for urban consumers (Washington–Arlington–Alexandria, DC–VA–MD–WV; Not Seasonally Adjusted; All Items; Annual Index) for the most recent year of available data, divided by such Index for 2021— (i) for fiscal year 2024, $60,967,993; (ii) for fiscal year 2025, $35,799,314; (iii) for fiscal year 2026, $35,799,314; and (iv) for fiscal year 2027, $35,799,314. ; and (7) in paragraph (6), as so redesignated, by striking 2017 and inserting 2022 . (d) Crediting and availability of fees Section 736(g)(3) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379h(g)(3) ) is amended by striking 2018 through 2022 and inserting 2023 through 2027 . (e) Written requests for waivers, reductions, and refunds Section 736(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379h(i) ) is amended to read as follows: (i) Written requests for waivers, reductions, exemptions, and returns; disputes concerning fees To qualify for consideration for a waiver or reduction under subsection (d), an exemption under subsection (k), or the return of any fee paid under this section, including if the fee is claimed to have been paid in error, a person shall submit to the Secretary a written request justifying such waiver, reduction, exemption, or return not later than 180 days after such fee is due. A request submitted under this paragraph shall include any legal authorities under which the request is made. . (f) Orphan drugs Section 736(k) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379h(k) ) is amended— (1) in paragraph (1)(B), by striking during the previous year and inserting , as determined under paragraph (2) ; and (2) in paragraph (2), by striking that its gross annual revenues and all that follows through the period at the end and inserting supported by tax returns submitted to the Internal Revenue Service, or, as necessary, by other appropriate financial information, that its gross annual revenues did not exceed $50,000,000 for the last calendar year ending prior to the fiscal year for which the exemption is requested. . 104. Reauthorization; reporting requirement Section 736B of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379h–2 ) is amended— (1) by striking 2018 each place it appears and inserting 2023 ; (2) by striking Prescription Drug User Fee Amendments of 2017 each place it appears and inserting Prescription Drug User Fee Amendments of 2022 ; (3) in subsection (a)(4), by striking 2020 and inserting 2023 ; and (4) in subsection (f), by striking 2022 each place it appears and inserting 2027 . 105. Sunset dates (a) Authorization Sections 735 and 736 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379g ; 379h) shall cease to be effective October 1, 2027. (b) Reporting requirements Section 736B of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379h–2 ) shall cease to be effective January 31, 2028. (c) Previous sunset provision Effective October 1, 2022, subsections (a) and (b) of section 104 of the FDA Reauthorization Act of 2017 ( Public Law 115–52 ) are repealed. 106. Effective date The amendments made by this title shall take effect on October 1, 2022, or the date of the enactment of this Act, whichever is later, except that fees under part 2 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379g et seq. ) shall be assessed for all human drug applications received on or after October 1, 2022, regardless of the date of the enactment of this Act. 107. Savings clause Notwithstanding the amendments made by this title, part 2 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379g et seq. ), as in effect on the day before the date of the enactment of this title, shall continue to be in effect with respect to human drug applications and supplements (as defined in such part as of such day) that were accepted by the Food and Drug Administration for filing on or after October 1, 2017, but before October 1, 2022, with respect to assessing and collecting any fee required by such part for a fiscal year prior to fiscal year 2023. II Fees relating to devices 201. Short title; finding (a) Short title This title may be cited as the Medical Device User Fee Amendments of 2022 . (b) Finding Congress finds that the fees authorized under the amendments made by this title will be dedicated toward expediting the process for the review of device applications and for assuring the safety and effectiveness of devices, as set forth in the goals identified for purposes of part 3 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act in the letters from the Secretary of Health and Human Services to the Chairman of the Committee on Health, Education, Labor, and Pensions of the Senate and the Chairman of the Committee on Energy and Commerce of the House of Representatives, as set forth in the Congressional Record. 202. Definitions Section 737 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379i ) is amended— (1) in paragraph (9)— (A) in the matter preceding subparagraph (A), by striking and premarket notification submissions and inserting premarket notification submissions, and de novo classification requests ; (B) in subparagraph (D), by striking and submissions and inserting submissions, and de novo classification requests ; (C) in subparagraph (F), by striking and premarket notification submissions and inserting premarket notification submissions, and de novo classification requests ; (D) in subparagraphs (G) and (H), by striking or submissions each place it appears and inserting submissions, or requests ; and (E) in subparagraph (K), by striking or premarket notification submissions and inserting premarket notification submissions, or de novo classification requests ; and (2) in paragraph (11), by striking 2016 and inserting 2021 . 203. Authority to assess and use device fees (a) Types of fees Section 738(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j(a) ) is amended— (1) in paragraph (1), by striking 2018 and inserting 2023 ; and (2) in paragraph (2)— (A) in subparagraph (A)— (i) in the matter preceding clause (i), by striking 2017 and inserting 2022 ; (ii) in clause (iii), by striking 75 percent and inserting 80 percent ; and (iii) in clause (viii), by striking 3.4 percent and inserting 4.5 percent ; (B) in subparagraph (B)(iii), by striking or premarket notification submission and inserting premarket notification submission, or de novo classification request ; and (C) in subparagraph (C), by striking or periodic reporting concerning a class III device and inserting periodic reporting concerning a class III device, or de novo classification request . (b) Fee amounts Section 738(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j(b) ) is amended— (1) in paragraph (1), by striking 2018 through 2022 and inserting 2023 through 2027 ; (2) by amending the table in paragraph (2) to read as follows: Fee Type Fiscal Year 2023 Fiscal Year 2024 Fiscal Year 2025 Fiscal Year 2026 Fiscal Year 2027 Premarket Application $425,000 $435,000 $445,000 $455,000 $470,000 Establishment Registration $6,250 $6,875 $7,100 $7,575 $8,465 ; and (3) in paragraph (3), by amending subparagraphs (A) through (E) to read as follows: (A) $312,606,000 for fiscal year 2023. (B) $335,750,000 for fiscal year 2024. (C) $350,746,400 for fiscal year 2025. (D) $366,486,300 for fiscal year 2026. (E) $418,343,000 for fiscal year 2027. . (c) Annual fee setting; adjustments Section 738(c) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j(c) ) is amended— (1) in paragraph (1), by striking 2017 and inserting 2022 ; (2) in paragraph (2)— (A) by striking 2018 each place it appears and inserting 2023 ; (B) in subparagraph (B)(ii), by striking 2016 and inserting 2022 ; (C) in subparagraph (C)(i)(II), by striking Washington-Baltimore, DC–MD–VA–WV and inserting Washington–Arlington–Alexandria, DC–VA–MD–WV ; and (D) in subparagraph (D), by striking 2022 and inserting 2027 ; (3) in paragraph (3), by striking 2018 through 2022 and inserting 2023 through 2027 ; (4) by redesignating paragraphs (4) and (5) as paragraphs (7) and (8), respectively; and (5) by inserting after paragraph (3) the following: (4) Performance improvement adjustment (A) In general For each of fiscal years 2025 through 2027, after the adjustment under paragraph (3), the base establishment registration fee amounts for such fiscal year shall be increased to reflect changes in the resource needs of the Secretary due to improved review performance goals for the process for the review of device applications identified in the letters described in section 201(b) of the Medical Device User Fee Amendments of 2022, as the Secretary determines necessary to achieve an increase in total fee collections for such fiscal year, equal to the following amounts, as applicable: (i) For fiscal year 2025, the product of— (I) the amount determined under subparagraph (B)(i)(I); and (II) the applicable inflation adjustment under paragraph (2)(B) for such fiscal year. (ii) For fiscal year 2026, the product of— (I) the sum of the amounts determined under subparagraphs (B)(i)(II), (B)(ii)(I), and (B)(iii)(I); and (II) the applicable inflation adjustment under paragraph (2)(B) for such fiscal year. (iii) For fiscal year 2027, the product of— (I) the sum of the amounts determined under subparagraphs (B)(i)(III), (B)(ii)(II), and (B)(iii)(II); and (II) the applicable inflation adjustment under paragraph (2)(B) for such fiscal year. (B) Amounts (i) Presubmission amount For purposes of subparagraph (A), with respect to the presubmission written feedback goal, the amounts determined under this subparagraph are as follows: (I) For fiscal year 2025, $15,396,600 if the goal for fiscal year 2023 is met. (II) For fiscal year 2026— (aa) $15,396,600 if the goal for fiscal year 2023 is met and the goal for fiscal year 2024 is missed; or (bb) $36,792,200 if the goal for fiscal year 2024 is met. (III) For fiscal year 2027— (aa) $15,396,600 if the goal for fiscal year 2023 is met and the goal for each of fiscal years 2024 and 2025 is missed; (bb) $36,792,200 if the goal for fiscal year 2024 is met and the goal for fiscal year 2025 is missed; or (cc) $40,572,600 if the goal for fiscal year 2025 is met. (ii) De novo classification request amount For purposes of subparagraph (A), with respect to the de novo decision goal, the amounts determined under this subparagraph are as follows: (I) For fiscal year 2026, $6,323,500 if the goal for fiscal year 2023 is met. (II) For fiscal year 2027— (aa) $6,323,500 if the goal for fiscal year 2023 is met and the goal for fiscal year 2024 is missed; or (bb) $11,765,400 if the goal for fiscal year 2024 is met. (iii) Premarket notification and premarket approval amount For purposes of subparagraph (A), with respect to the 510(k) decision goal, 510(k) shared outcome total time to decision goal, PMA decision goal, and PMA shared outcome total time to decision goal, the amounts determined under this subparagraph are as follows: (I) For fiscal year 2026, $1,020,000 if the 4 goals for fiscal year 2023 are met. (II) For fiscal year 2027— (aa) $1,020,000 if the 4 goals for fiscal year 2023 are met and one or more of the 4 goals for fiscal year 2024 is missed; or (bb) $3,906,000 if the 4 goals for fiscal year 2024 are met. (C) Performance calculation For purposes of this paragraph, performance of the following goals shall be determined as specified in the letters described in section 201(b) of the Medical Device User Fee Amendments of 2022 and based on data available as of the applicable dates as follows: (i) The performance of the presubmission written feedback goal— (I) for fiscal year 2023, shall be based on data available as of March 31, 2024; (II) for fiscal year 2024, shall be based on data available as of March 31, 2025; and (III) for fiscal year 2025, shall be based on data available as of March 31, 2026. (ii) The performance of the de novo decision goal, 510(k) decision goal, 510(k) shared outcome total time to decision goal, PMA decision goal, and PMA shared outcome total time to decision goal— (I) for fiscal year 2023, shall be based on data available as of March 31, 2025; and (II) for fiscal year 2024, shall be based on data available as of March 31, 2026. (D) Definitions For purposes of this paragraph, the terms presubmission written feedback goal , de novo decision goal , 510(k) decision goal , 510(k) shared outcome total time to decision goal , PMA decision goal , and PMA shared outcome total time to decision goal have the meanings given such terms in the goals identified in the letters described in section 201(b) of the Medical Device User Fee Amendments of 2022. (5) Hiring adjustment (A) In general For each of fiscal years 2025 through 2027, after the adjustments under paragraphs (3) and (4), if applicable, the base establishment registration fee amounts shall be decreased as the Secretary determines necessary to achieve a reduction in total fee collections equal to the hiring adjustment amount under subparagraph (B), if the number of hires to support the process for the review of device applications falls below the following thresholds for the applicable fiscal years: (i) For fiscal year 2025, 85 percent of the hiring goal specified in subparagraph (C) for fiscal year 2023. (ii) For fiscal year 2026, 90 percent of the hiring goal specified in subparagraph (C) for fiscal year 2024. (iii) For fiscal year 2027, 90 percent of the hiring goal specified in subparagraph (C) for fiscal year 2025. (B) Hiring adjustment amount The hiring adjustment amount for fiscal year 2025 and each subsequent fiscal year is the product of— (i) the number of hires by which the hiring goal specified in subparagraph (C) for the fiscal year before the prior fiscal year was missed; (ii) $72,877; and (iii) the applicable inflation adjustment under paragraph (2)(B) for the fiscal year for which the hiring goal was missed. (C) Hiring goals (i) In general For purposes of subparagraph (B), the hiring goals for each of fiscal years 2023 through 2025 are as follows: (I) For fiscal year 2023, 144 hires. (II) For fiscal year 2024, 42 hires. (III) For fiscal year 2025— (aa) 24 hires if the base establishment registration fees are not increased by the amount determined under paragraph (4)(A)(i); or (bb) 83 hires if the base establishment registration fees are increased by the amount determined under paragraph (4)(A)(i). (ii) Number of hires For purposes of this paragraph, the number of hires for a fiscal year shall be determined by the Secretary, as set forth in the letters described in section 201(b) of the Medical Device User Fee Amendments of 2022. (6) Operating reserve adjustment (A) In general For each of fiscal years 2023 through 2027, after the adjustments under paragraphs (3), (4), and (5), if applicable, if the Secretary has operating reserves of carryover user fees for the process for the review of device applications in excess of the designated amount in subparagraph (B), the Secretary shall decrease the base establishment registration fee amounts to provide for not more than such designated amount of operating reserves. (B) Designated amount Subject to subparagraph (C), for each fiscal year, the designated amount in this subparagraph is equal to the sum of— (i) 13 weeks of operating reserves of carryover user fees; and (ii) the 1 month of operating reserves described in paragraph (8). (C) Excluded amount For the period of fiscal years 2023 through 2026, a total amount equal to $118,000,000 shall not be considered part of the designated amount under subparagraph (B) and shall not be subject to the decrease under subparagraph (A). . (d) Conditions Section 738(g) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j(g) ) is amended— (1) in paragraph (1)(A), by striking $320,825,000 and inserting $398,566,000 ; and (2) in paragraph (2), by inserting de novo classification requests, after class III device, . (e) Authorization of appropriations Section 738(h)(3) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j(h)(3) ) is amended to read as follows: (3) Authorization of appropriations (A) In general For each of the fiscal years 2023 through 2027, there is authorized to be appropriated for fees under this section an amount equal to the revenue amount determined in subparagraph (B), less the amount of reductions determined in subparagraph (C). (B) Revenue amount For purposes of this paragraph, the revenue amount for each fiscal year is the sum of— (i) the total revenue amount under subsection (b)(3) for the fiscal year, as adjusted under subsection (c)(2); and (ii) the performance improvement adjustment amount for the fiscal year under subsection (c)(4)(A), if applicable. (C) Amount of reductions For purposes of this paragraph, the amount of reductions for each fiscal year is the sum of— (i) the hiring adjustment amount for the fiscal year under subsection (c)(5), if applicable; and (ii) the operating reserve adjustment amount for the fiscal year under subsection (c)(6), if applicable. . 204. Reauthorization; reporting requirement (a) Performance reports Section 738A(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–1(a) ) is amended— (1) by striking fiscal year 2018 each place it appears and inserting fiscal year 2023 ; (2) by striking Medical Device User Fee Amendments of 2017 each place it appears and inserting Medical Device User Fee Amendments of 2022 ; (3) in paragraph (1)— (A) in subparagraph (A), by redesignating the second clause (iv) (relating to analysis) as clause (v); and (B) in subparagraph (A)(iv) (relating to rationale for MDUFA program changes), by striking fiscal year 2020 and inserting fiscal year 2023 ; and (4) in paragraph (4), by striking 2018 through 2022 and inserting 2023 through 2027 . (b) Reauthorization Section 738A(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–1(b) ) is amended— (1) in paragraph (1), by striking 2022 and inserting 2027 ; and (2) in paragraph (5), by striking 2022 and inserting 2027 . 205. Accreditation programs (a) Accreditation scheme for conformity assessment Section 514(d) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360d(d) ) is amended— (1) in the subsection heading, by striking Pilot ; (2) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking pilot ; (B) in subparagraph (A)— (i) by inserting meeting criteria specified by the Secretary in guidance after testing laboratories ; (ii) by inserting in guidance after by the Secretary ; and (iii) by striking assess the conformance of a device with and inserting conduct testing to support the assessment of the conformance of a device to ; and (C) in subparagraph (B)— (i) by striking determinations and inserting results ; (ii) by inserting to support after so accredited ; and (iii) by striking a particular such determination and inserting particular such results ; (3) in paragraph (2)— (A) in the paragraph heading, by striking determinations and inserting results ; (B) in subparagraph (A)— (i) by striking determinations by testing laboratories and all that follows through such determinations or and inserting results by testing laboratories accredited pursuant to this subsection, including by conducting periodic audits of such results or of the ; (ii) by inserting a comma after or testing laboratories ; (iii) by inserting or recognition of an accreditation body after accreditation of such testing laboratory ; and (iv) by striking such device and inserting a device ; and (C) in subparagraph (B)— (i) by striking by a testing laboratory so accredited and inserting under this subsection ; and (ii) by inserting or recognition of an accreditation body before under paragraph (1)(A) ; (4) in paragraph (3)(C)— (A) in the subparagraph heading, by inserting and transition after initiation ; and (B) by adding at the end the following: After September 30, 2023, such pilot program will be considered to be completed, and the Secretary shall have the authority to continue operating a program consistent with this subsection. ; and (5) by striking paragraph (4). (b) Accredited persons Section 523(c) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360m(c) ) is amended by striking 2022 and inserting 2027 . 206. Sunset dates (a) Authorization Sections 737 and 738 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379i ; 379fj) shall cease to be effective October 1, 2027. (b) Reporting requirements Section 738A of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–1 ) shall cease to be effective January 31, 2028. (c) Previous sunset provision Effective October 1, 2022, subsections (a) and (b) of section 210 of the FDA Reauthorization Act of 2017 ( Public Law 115–52 ) are repealed. 207. Effective date The amendments made by this title shall take effect on October 1, 2022, or the date of the enactment of this Act, whichever is later, except that fees under part 3 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379i et seq. ) shall be assessed for all submissions listed in section 738(a)(2)(A) of such Act received on or after October 1, 2022, regardless of the date of the enactment of this Act. 208. Savings clause Notwithstanding the amendments made by this title, part 3 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379i et seq. ), as in effect on the day before the date of the enactment of this title, shall continue to be in effect with respect to the submissions listed in section 738(a)(2)(A) of such Act (as defined in such part as of such day) that on or after October 1, 2017, but before October 1, 2022, were received by the Food and Drug Administration with respect to assessing and collecting any fee required by such part for a fiscal year prior to fiscal year 2023. III Fees relating to generic drugs 301. Short title; finding (a) Short title This title may be cited as the Generic Drug User Fee Amendments of 2022 . (b) Finding The Congress finds that the fees authorized by the amendments made in this title will be dedicated to human generic drug activities, as set forth in the goals identified for purposes of part 7 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act, in the letters from the Secretary of Health and Human Services to the Chairman of the Committee on Health, Education, Labor, and Pensions of the Senate and the Chairman of the Committee on Energy and Commerce of the House of Representatives, as set forth in the Congressional Record. 302. Authority to assess and use human generic drug fees (a) Types of fees Section 744B(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–42(a) ) is amended— (1) in the matter preceding paragraph (1), by striking 2018 and inserting 2023 ; (2) in paragraph (2)(C), by striking fiscal years 2018 through 2022 and inserting fiscal years 2023 through 2027 ; (3) in paragraph (3)(B), by striking fiscal years 2018 through 2022 and inserting fiscal years 2023 through 2027 ; (4) in paragraph (4)(D), by striking fiscal years 2018 through 2022 and inserting fiscal years 2023 through 2027 ; and (5) in paragraph (5)(D), by striking fiscal years 2018 through 2022 and inserting fiscal years 2023 through 2027 . (b) Fee revenue amounts Section 744B(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–42(b) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A)— (i) in the heading, by striking 2018 and inserting 2023 ; (ii) by striking 2018 and inserting 2023 ; and (iii) by striking $493,600,000 and inserting $582,500,000 ; and (B) in subparagraph (B)— (i) in the heading, by striking 2019 through 2022 and inserting 2024 through 2027 ; (ii) by striking For each and inserting the following: (i) In general For each ; (iii) by striking 2019 through 2022 and inserting 2024 through 2027 ; (iv) by striking $493,600,000 and inserting the base revenue amount under clause (ii) ; and (v) by adding at the end the following: (ii) Base revenue amount The base revenue amount for a fiscal year is the total revenue amount established under this paragraph for the previous fiscal year, not including any adjustments made for such previous fiscal year under subsection (c)(3). ; and (2) in paragraph (2)— (A) in subparagraph (C), by striking one-third the amount and inserting 24 percent ; (B) in subparagraph (D), by striking Seven and inserting Six ; and (C) in subparagraph (E)(i), by striking Thirty-five and inserting Thirty-six . (c) Adjustments Section 744B(c) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–42(c) ) is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A)— (i) by striking 2019 and inserting 2024 ; and (ii) by striking the product of the total revenues established in such notice for the prior fiscal year and inserting the base revenue amount for the fiscal year determined under subsection (b)(1)(B)(ii) ; and (B) in subparagraph (C), by striking Washington-Baltimore, DC–MD–VA–WV and inserting Washington-Arlington-Alexandria, DC–VA–MD–WV ; and (2) by striking paragraph (2) and inserting the following: (2) Capacity planning adjustment (A) In general Beginning with fiscal year 2024, the Secretary shall, in addition to the adjustment under paragraph (1), further increase the fee revenue and fees under this section for a fiscal year, in accordance with this paragraph, to reflect changes in the resource capacity needs of the Secretary for human generic drug activities. (B) Capacity planning methodology The Secretary shall establish a capacity planning methodology for purposes of this paragraph, which shall— (i) be derived from the methodology and recommendations made in the report titled Independent Evaluation of the GDUFA Resource Capacity Planning Adjustment Methodology: Evaluation and Recommendations as announced in the Federal Register on August 3, 2020 (85 Fed. Reg. 46658); and (ii) incorporate approaches and attributes determined appropriate by the Secretary, including those made in such report recommendations, except the workload categories used in forecasting resources shall only be those specified in section VIII.B.2.e. of the letters described in section 301(b) of the Generic Drug User Fee Amendments of 2022 . (C) Limitations (i) In general Under no circumstances shall an adjustment under this paragraph result in fee revenue for a fiscal year that is less than the sum of the amounts under subsection (b)(1)(B)(ii) (the base revenue amount for the fiscal year) and paragraph (1) (the dollar amount of the inflation adjustment for the fiscal year). (ii) Additional limitation An adjustment under this paragraph shall not exceed 3 percent of the sum described in clause (i) for the fiscal year, except that such limitation shall be 4 percent if— (I) for purposes of an adjustment for fiscal year 2024, the Secretary determines that, during the period from April 1, 2021, through March 31, 2023— (aa) the total number of abbreviated new drug applications submitted was greater than or equal to 2,000; or (bb) thirty-five percent or more of abbreviated new drug applications submitted related to complex products (as that term is defined in section XI of the letters described in section 301(b) of the Generic Drug User Fee Amendments of 2022 ); (II) for purposes of an adjustment for fiscal year 2025, the Secretary determines that, during the period from April 1, 2022, through March 31, 2024— (aa) the total number of abbreviated new drug applications submitted was greater than or equal to 2,300; or (bb) thirty-five percent or more of abbreviated new drug applications submitted related to complex products (as so defined); (III) for purposes of an adjustment for fiscal year 2026, the Secretary determines that, during the period from April 1, 2023, through March 31, 2025— (aa) the total number of abbreviated new drug applications submitted was greater than or equal to 2,300; or (bb) thirty-five percent or more of abbreviated new drug applications submitted related to complex products (as so defined); and (IV) for purposes of an adjustment for fiscal year 2027, the Secretary determines that, during the period from April 1, 2024, through March 31, 2026— (aa) the total number of abbreviated new drug applications submitted was greater than or equal to 2,300; or (bb) thirty-five percent or more of abbreviated new drug applications submitted related to complex products (as so defined). (D) Publication in federal register The Secretary shall publish in the Federal Register notice under subsection (a), the fee revenue and fees resulting from the adjustment and the methodology under this paragraph. (3) Operating reserve adjustment (A) In general For fiscal year 2024 and subsequent fiscal years, the Secretary may, in addition to adjustments under paragraphs (1) and (2), further increase the fee revenue and fees under this section if such an adjustment is necessary to provide operating reserves of carryover user fees for human generic drug activities for not more than the number of weeks specified in subparagraph (B). (B) Number of weeks The number of weeks specified in this subparagraph is— (i) 8 weeks for fiscal year 2024; (ii) 9 weeks for fiscal year 2025; and (iii) 10 weeks for each of fiscal year 2026 and 2027. (C) Decrease If the Secretary has carryover balances for human generic drug activities in excess of 12 weeks of the operating reserves referred to in subparagraph (A), the Secretary shall decrease the fee revenue and fees referred to in such subparagraph to provide for not more than 12 weeks of such operating reserves. (D) Rationale for adjustment If an adjustment under this paragraph is made, the rationale for the amount of the increase or decrease (as applicable) in fee revenue and fees shall be contained in the annual Federal Register notice under subsection (a) publishing the fee revenue and fees for the fiscal year involved. . (d) Annual fee setting Section 744B(d)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–42(d)(1) ) is amended— (1) in the heading, by striking 2018 through 2022 and inserting 2023 through 2027 ; (2) by striking more and inserting later ; and (3) by striking 2018 through 2022 and inserting 2023 through 2027 . (e) Effect of failure To pay fees The heading of paragraph (3) of section 744B(g) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–42(g) ) is amended by striking and prior approval supplement fee . (f) Crediting and availability of fees Section 744B(i)(3) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–42(i)(3) ) is amended by striking 2018 through 2022 and inserting 2023 through 2027 . 303. Reauthorization; reporting requirements Section 744C of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–43 ) is amended— (1) in subsection (a)— (A) by striking 2018 each place it appears and inserting 2023 ; and (B) by striking Generic Drug User Fee Amendments of 2017 each place it appears and inserting Generic Drug User Fee Amendments of 2022 ; (2) in subsection (b), by striking 2018 and inserting 2023 ; (3) in subsection (c)— (A) by striking 2018 and inserting 2023 ; and (B) by striking Generic Drug User Fee Amendments of 2017 each place it appears and inserting Generic Drug User Fee Amendments of 2022 ; and (4) in subsection (f)— (A) in paragraph (1), by striking 2022 and inserting 2027 ; and (B) in paragraph (5), by striking January 15, 2022 and inserting January 15, 2027 . 304. Sunset dates (a) Authorization Sections 744A and 744B of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–41 ; 379j–42) shall cease to be effective October 1, 2027. (b) Reporting requirements Section 744C of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–43 ) shall cease to be effective January 31, 2028. (c) Previous sunset provision Effective October 1, 2022, subsections (a) and (b) of section 305 of the FDA Reauthorization Act of 2017 ( Public Law 115–52 ) are repealed. 305. Effective date The amendments made by this title shall take effect on October 1, 2022, or the date of the enactment of this Act, whichever is later, except that fees under part 7 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–41 et seq. ) shall be assessed for all abbreviated new drug applications received on or after October 1, 2022, regardless of the date of the enactment of this Act. 306. Savings clause Notwithstanding the amendments made by this title, part 7 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act, as in effect on the day before the date of the enactment of this title, shall continue to be in effect with respect to abbreviated new drug applications (as defined in such part as of such day) that were received by the Food and Drug Administration within the meaning of section 505(j)(5)(A) of such Act ( 21 U.S.C. 355(j)(5)(A) ), prior approval supplements that were submitted, and drug master files for Type II active pharmaceutical ingredients that were first referenced on or after October 1, 2017, but before October 1, 2022, with respect to assessing and collecting any fee required by such part for a fiscal year prior to fiscal year 2023. IV Fees relating to biosimilar biological products 401. Short title; finding (a) Short title This title may be cited as the Biosimilar User Fee Amendments of 2022 . (b) Finding Congress finds that the fees authorized by the amendments made in this title will be dedicated to expediting the process for the review of biosimilar biological product applications, including postmarket safety activities, as set forth in the goals identified for purposes of part 8 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–51 et seq. ), in the letters from the Secretary of Health and Human Services to the Chairman of the Committee on Health, Education, Labor, and Pensions of the Senate and the Chairman of the Committee on Energy and Commerce of the House of Representatives, as set forth in the Congressional Record. 402. Definitions Section 744G of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–51 ) is amended— (1) in paragraph (1)— (A) by striking Washington-Baltimore, DC–MD–VA–WV and inserting Washington–Arlington–Alexandria, DC–VA–MD–WV ; (B) by striking October of and inserting September of ; and (C) by striking October 2011 and inserting September 2011 ; and (2) in paragraph (4)(B)(iii)— (A) by striking subclause (II); and (B) by redesignating subclauses (III) and (IV) as subclauses (II) and (III), respectively. 403. Authority to assess and use biosimilar biological product fees (a) Types of fees Section 744H(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–52(a) ) is amended— (1) in the matter preceding paragraph (1), by striking 2018 and inserting 2023 ; (2) in paragraph (1)— (A) in subparagraph (A)— (i) in clause (iv)(I), by striking 5 days and inserting 7 days ; and (ii) in clause (v)(II), by striking 5 days and inserting 7 days ; (B) in subparagraph (B)— (i) in clause (i), by inserting , except that, in the case that such product (including, where applicable, ownership of the relevant investigational new drug application) is transferred to a licensee, assignee, or successor of such person, and written notice of such transfer is provided to the Secretary, such licensee, assignee or successor shall pay the annual biosimilar biological product development fee before the period; (ii) in clause (iii)— (I) in subclause (I), by striking ; or and inserting a semicolon; (II) in subclause (II), by striking the period and inserting ; or ; and (III) by adding at the end the following: (III) been administratively removed from the biosimilar biological product development program for the product under subparagraph (E)(v). ; and (iii) in clause (iv), by striking accepted for filing on or after October 1 of such fiscal year and inserting subsequently accepted for filing ; (C) in subparagraph (D)— (i) in clause (i)— (I) in the matter preceding subclause (I), by striking shall, if the person seeks to resume participation in such program, pay and inserting or who has been administratively removed from such program for a product under subparagraph (E)(v) shall, if the person seeks to resume participation in such program, pay all annual biosimilar biological product development fees previously assessed for such product and still owed and ; (II) in subclause (I)— (aa) by striking 5 days and inserting 7 days ; and (bb) by inserting or the date of administrative removal, as applicable after discontinued ; and (III) in subclause (II), by inserting or the date of administrative removal, as applicable after discontinued ; and (ii) in clause (ii), by inserting , except that, in the case that such product (including, where applicable, ownership of the relevant investigational new drug application) is transferred to a licensee, assignee, or successor of such person, and written notice of such transfer is provided to the Secretary, such licensee, assignee or successor shall pay the annual biosimilar biological product development fee before the period at the end; and (D) in subparagraph (E), by adding at the end the following: (v) Administrative removal from the biosimilar biological product development program If a person has failed to pay an annual biosimilar biological product development fee for a product as required under subparagraph (B) for a period of 2 consecutive fiscal years, the Secretary may administratively remove such person from the biosimilar biological product development program for the product. At least 30 days prior to administratively removing a person from the biosimilar biological product development program for a product under this clause, the Secretary shall provide written notice to such person of the intended administrative removal. ; (3) in paragraph (2)(D), by inserting prior to approval after withdrawn ; (4) in paragraph (3)— (A) in subparagraph (A)— (i) in clause (i), by striking ; and and inserting a semicolon; (ii) by redesignating clause (ii) as clause (iii); and (iii) by inserting the following after clause (i): (ii) may be dispensed only under prescription pursuant to section 503(b); and ; and (B) by adding at the end the following: (E) Movement to discontinued list (i) Written request to place on discontinued list (I) In general If a written request to place a product on the list of discontinued biosimilar biological products referred to in subparagraph (A)(iii) is submitted to the Secretary on behalf of an applicant, and the request identifies the date the product is, or will be, withdrawn from sale, then for purposes of assessing the biosimilar biological product program fee, the Secretary shall consider such product to have been included on such list on the later of— (aa) the date such request was received; or (bb) if the product will be withdrawn from sale on a future date, such future date when the product is withdrawn from sale. (II) Withdrawn from sale defined For purposes of this clause, a product shall be considered withdrawn from sale once the applicant has ceased its own distribution of the product, whether or not the applicant has ordered recall of all previously distributed lots of the product, except that a routine, temporary interruption in supply shall not render a product withdrawn from sale. (ii) Products removed from discontinued list If a biosimilar biological product that is identified in a biosimilar biological product application approved as of October 1 of a fiscal year appears, as of October 1 of such fiscal year, on the list of discontinued biosimilar biological products referred to in subparagraph (A)(iii), and on any subsequent day during such fiscal year the biosimilar biological product does not appear on such list, except as provided in subparagraph (D), each person who is named as the applicant in the biosimilar biological product application shall pay the annual biosimilar biological product program fee established for a fiscal year under subsection (c)(5) for such biosimilar biological product. Notwithstanding subparagraph (B), such fee shall be due on the last business day of such fiscal year and shall be paid only once for each product for each fiscal year. ; and (5) by striking paragraph (4). (b) Fee revenue amounts Section 744H(b) of the Federal Food, Drug, and Cosmetic Act (( 21 U.S.C. 379j–52(b) ) is amended— (1) by striking paragraph (1); (2) by redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively; (3) in paragraph (1), as so redesignated— (A) in the paragraph heading, by striking Subsequent fiscal years and inserting In general ; (B) in the matter preceding subparagraph (A), by striking 2019 through 2022 and inserting 2023 through 2027 ; (C) in subparagraph (A), by striking paragraph (4) and inserting paragraph (3) ; (D) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; (E) by inserting after subparagraph (B) the following: (C) the dollar amount equal to the strategic hiring and retention adjustment (as determined under subsection (c)(2)); ; (F) in subparagraph (D), as so redesignated, by striking subsection (c)(2)); and and inserting subsection (c)(3)); ; (G) in subparagraph (E), as so redesignated, by striking subsection (c)(3)). and inserting subsection (c)(4)); and ; and (H) by adding at the end the following: (F) for fiscal years 2023 and 2024, additional dollar amounts equal to— (i) $4,428,886 for fiscal year 2023; and (ii) $320,569 for fiscal year 2024. ; (4) in paragraph (2), as so redesignated— (A) in the paragraph heading, by striking ; limitations on fee amounts ; (B) by striking subparagraph (B); and (C) by redesignating subaparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; and (5) by amending paragraph (3), as so redesignated, to read as follows: (3) Annual base revenue For purposes of paragraph (1), the dollar amount of the annual base revenue for a fiscal year shall be— (A) for fiscal year 2023, $43,376,922; and (B) for fiscal years 2024 through 2027, the dollar amount of the total revenue amount established under paragraph (1) for the previous fiscal year, excluding any adjustments to such revenue amount under subsection (c)(4). . (c) Adjustments; annual fee setting Section 744H(c) of the Federal Food, Drug, and Cosmetic Act (( 21 U.S.C. 379j–52(c) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A)— (i) in the matter preceding clause (i), by striking subsection (b)(2)(B) and inserting subsection (b)(1)(B) ; and (ii) in clause (i), by striking subsection (b) and inserting subsection (b)(1)(A) ; and (B) in subparagraph (B)(ii), by striking Washington-Baltimore, DC–MD–VA–WV and inserting Washington–Arlington–Alexandria, DC–VA–MD–WV ; (2) by striking paragraph (4); (3) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (4) by inserting after paragraph (1) the following: (2) Strategic hiring and retention adjustment For each fiscal year beginning in fiscal year 2023, after the annual base revenue under subsection (b)(1)(A) is adjusted for inflation in accordance with paragraph (1), the Secretary shall further increase the fee revenue and fees by $150,000. ; (5) in paragraph (3), as so redesignated— (A) in subparagraph (A)— (i) by striking Beginning with the fiscal year described in subparagraph (B)(ii)(II) and inserting For each fiscal year ; and (ii) by striking adjustment under paragraph (1), further increase and inserting adjustments under paragraphs (1) and (2), further adjust ; (B) by amending subparagraph (B) to read as follows: (B) Methodology For purposes of this paragraph, the Secretary shall employ the capacity planning methodology utilized by the Secretary in setting fees for fiscal year 2021, as described in the notice titled Biosimilar User Fee Rates for Fiscal Year 2021 (85 Fed. Reg. 47220; August 4, 2020). The workload categories used in forecasting shall include only the activities described in such notice and, as feasible, additional activities that are also directly related to the direct review of biosimilar biological product applications and supplements, including additional formal meeting types and the direct review of postmarketing commitments and requirements, the direct review of risk evaluation and mitigation strategies, and the direct review of annual reports for approved biosimilar biological products. Subject to the exceptions in the preceding sentence, the Secretary shall not include as workload categories in forecasting any non-core review activities, including any activities that the Secretary referenced for potential future use in such notice but did not utilize in setting fees for fiscal year 2021. ; and (C) in subparagraph (C)— (i) by striking subsections (b)(2)(A) and inserting subsections (b)(1)(A) ; (ii) by striking and (b)(2)(B) and inserting , (b)(1)(B) ; and (iii) by inserting , and (b)(1)(C) (the dollar amount of the strategic hiring and retention adjustment) before the period at the end; (6) by amending paragraph (4), as so redesignated, to read as follows: (4) Operating reserve adjustment (A) Increase For fiscal year 2023 and subsequent fiscal years, the Secretary shall, in addition to adjustments under paragraphs (1), (2), and (3), further increase the fee revenue and fees if such an adjustment is necessary to provide for at least 10 weeks of operating reserves of carryover user fees for the process for the review of biosimilar biological product applications. (B) Decrease (i) Fiscal year 2023 For fiscal year 2023, if the Secretary has carryover balances for the process for the review of biosimilar biological product applications in excess of 33 weeks of such operating reserves, the Secretary shall decrease such fee revenue and fees to provide for not more than 33 weeks of such operating reserves. (ii) Fiscal year 2024 For fiscal year 2024, if the Secretary has carryover balances for the process for the review of biosimilar biological product applications in excess of 27 weeks of such operating reserves, the Secretary shall decrease such fee revenue and fees to provide for not more than 27 weeks of such operating reserves. (iii) Fiscal year 2025 and subsequent fiscal years For fiscal year 2025 and subsequent fiscal years, if the Secretary has carryover balances for the process for the review of biosimilar biological product applications in excess of 21 weeks of such operating reserves, the Secretary shall decrease such fee revenue and fees to provide for not more than 21 weeks of such operating reserves. (C) Federal register notice If an adjustment under subparagraph (A) or (B) is made, the rationale for the amount of the increase or decrease (as applicable) in fee revenue and fees shall be contained in the annual Federal Register notice under paragraph (5)(B) establishing fee revenue and fees for the fiscal year involved. ; and (7) in paragraph (5), in the matter preceding subparagraph (A), by striking 2018 and inserting 2023 . (d) Crediting and availability of fees Section 744H(f)(3) of the Federal Food, Drug, and Cosmetic Act (( 21 U.S.C. 379j–52(f)(3) ) is amended by striking 2018 through 2022 and inserting 2023 through 2027 . (e) Written requests for waivers and refunds Subsection (h) of section 744H of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–52 ) is amended to read as follows: (h) Written requests for waivers and returns; disputes concerning fees To qualify for consideration for a waiver under subsection (d), or the return of any fee paid under this section, including if the fee is claimed to have been paid in error, a person shall submit to the Secretary a written request justifying such waiver or return and, except as otherwise specified in this section, such written request shall be submitted to the Secretary not later than 180 days after such fee is due. A request submitted under this paragraph shall include any legal authorities under which the request is made. . 404. Reauthorization; reporting requirements Section 744I of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–53 ) is amended— (1) by striking 2018 each place it appears and inserting 2023 ; (2) by striking Biosimilar User Fee Amendments of 2017 each place it appears and inserting Biosimilar User Fee Amendments of 2022 ; (3) in subsection (a)(4), by striking 2020 and inserting 2023 ; and (4) in subsection (f), by striking 2022 each place it appears and inserting 2027 . 405. Sunset dates (a) Authorization Sections 744G and 744H of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–51 , 379j–52) shall cease to be effective October 1, 2027. (b) Reporting requirements Section 744I of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–53 ) shall cease to be effective January 31, 2028. (c) Previous sunset provision Effective October 1, 2022, subsections (a) and (b) of section 405 of the FDA Reauthorization Act of 2017 ( Public Law 115–52 ) are repealed. 406. Effective date The amendments made by this title shall take effect on October 1, 2022, or the date of the enactment of this Act, whichever is later, except that fees under part 8 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–51 et seq. ) shall be assessed for all biosimilar biological product applications received on or after October 1, 2022, regardless of the date of the enactment of this Act. 407. Savings clause Notwithstanding the amendments made by this title, part 8 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–51 et seq. ), as in effect on the day before the date of the enactment of this title, shall continue to be in effect with respect to biosimilar biological product applications and supplements (as defined in such part as of such day) that were accepted by the Food and Drug Administration for filing on or after October 1, 2017, but before October 1, 2022, with respect to assessing and collecting any fee required by such part for a fiscal year prior to fiscal year 2023. V Other reauthorizations 501. Reauthorization of the critical path public-private partnership Section 566(f) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–5(f) ) is amended by striking 2018 through 2022 and inserting 2023 through 2027 . 502. Reauthorization of the best pharmaceuticals for children program Section 409I(d)(1) of the Public Health Service Act ( 42 U.S.C. 284m(d)(1) ) is amended by striking 2018 through 2022 and inserting 2023 through 2027 . 503. Reauthorization of the humanitarian device exemption incentive Section 520(m)(6)(A)(iv) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360j(m)(6)(A)(iv) ) is amended by striking 2022 and inserting 2027 . 504. Reauthorization of the pediatric device consortia program Section 305(e) of the Food and Drug Administration Amendments Act of 2007 ( Public Law 110–85 ; 42 U.S.C. 282 note) is amended by striking $5,250,000 for each of fiscal years 2018 through 2022 and inserting $7,000,000 for each of fiscal years 2023 through 2027 . 505. Reauthorization of provision pertaining to drugs containing single enantiomers Section 505(u)(4) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(u)(4) ) is amended by striking October 1, 2022 and inserting October 1, 2027 . 506. Reauthorization of orphan drug grants Section 5(c) of the Orphan Drug Act ( 21 U.S.C. 360ee(c) ) is amended by striking 2018 through 2022 and inserting 2023 through 2027 . 507. Reauthorization of certain device inspections Section 704(g)(11) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 374(g)(11) ) is amended by striking 2022 and inserting 2027 . | https://www.govinfo.gov/content/pkg/BILLS-117s4535is/xml/BILLS-117s4535is.xml |
117-s-4536 | II 117th CONGRESS 2d Session S. 4536 IN THE SENATE OF THE UNITED STATES July 14, 2022 Mr. Romney introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To study how the Great Salt Lake and other saline lakes are affected by drought and to require a feasibility study on drought solutions, and for other purposes.
1. Short title This Act may be cited as the Great Salt Lake Recovery Act . 2. Definitions In this Act: (1) Program The term program means the program established under section 3(a). (2) Secretary The term Secretary means the Secretary of the Army. 3. Great Salt Lake monitoring and assessment program (a) In general The Secretary is authorized to carry out a program to monitor and assess the hydrology of saline lake ecosystems in the Great Basin, including the Great Salt Lake, to inform and support Federal and non-Federal management and conservation activities to benefit those ecosystems. (b) Coordination The Secretary shall coordinate implementation of the program with relevant— (1) Federal and State agencies; (2) Indian Tribes; (3) local governments; and (4) nonprofit organizations. (c) Contracts, grants, and cooperative agreements The Secretary is authorized to enter into contracts, grant agreements, and cooperative agreements with institutions of higher education and with entities described in subsection (b) to implement the program. (d) Update Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress an update on the progress of the Secretary in carrying out the program. (e) Additional information In carrying out the program, the Secretary may use available studies, information, literature, or data on the Great Basin region published by relevant Federal, State, or local entities, including the United States Geological Survey. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000. 4. Drought solutions feasibility study The Secretary is authorized to investigate the feasibility of a project for ecosystem restoration and water supply in the Great Salt Lake, which may include an identification of— (1) technology capabilities currently in practice or expected to be commercialized within the next 10 years that can redirect water sources to drought-impacted saline lakes, or conserve and increase water supply and delivery, including— (A) pipelines; (B) coastal desalination plants; and (C) canal reinforcement; and (2) necessary permitting to redirect water sources across State borders. | https://www.govinfo.gov/content/pkg/BILLS-117s4536is/xml/BILLS-117s4536is.xml |
117-s-4537 | II 117th CONGRESS 2d Session S. 4537 IN THE SENATE OF THE UNITED STATES July 14, 2022 Mr. Warner (for himself and Mr. Hagerty ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Community Development Banking and Financial Institutions Act of 1994 to adjust for inflation the maximum amount of assistance provided by the Community Development Financial Institutions Fund, and for other purposes.
1. Short title This Act may be cited as the Scaling Community Lenders Act of 2022 . 2. Capitalization assistance to enhance liquidity (a) In general Section 113 of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4712 ) is amended— (1) by striking subsection (a) and inserting the following: (a) Assistance (1) In general The Fund may provide funds to organizations for the purpose of— (A) purchasing loans, loan participations, or interests therein from community development financial institutions; (B) providing guarantees, loan loss reserves, or other forms of credit enhancement to promote liquidity for community development financial institutions; and (C) otherwise enhancing the liquidity of community development financial institutions. (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) by striking subsection (b) and inserting the following: (b) Selection (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. (2) Eligibility Organizations eligible to receive assistance under this section— (A) shall have a primary purpose of promoting community development; and (B) are not required to be community development financial institutions. (3) Prioritization For the purpose of making an award, the Fund shall prioritize the selection of organizations that— (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, or assigning, or otherwise transferring assets from community development financial institutions; (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 (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) in subsection (c), in the first sentence— (A) by striking $5,000,000 and inserting $20,000,000 ; and (B) by striking during any 3-year period ; and (4) by adding at the end the following: (g) Regulations The Secretary may promulgate such regulations as may be necessary or appropriate to carry out the authorities or purposes of this section. (h) Authorization of appropriations There are authorized to be appropriated to the Secretary $100,000,000 to carry out this section, including to carry out a study on the options to increase community development financial institution liquidity and secondary market opportunities. . (b) Annual reports (1) 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) 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), 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) the total amount of— (i) loans, loan participations, and interests therein purchased from community development financial institutions; and (ii) guarantees, loan loss reserves, and other forms of credit enhancement provided to community development financial institutions; (B) the effect of the purchases and guarantees made by the Fund on the overall competitiveness of community development financial institutions; and (C) the impact of the purchases and guarantees made by the Fund on the liquidity of community development financial institutions. | https://www.govinfo.gov/content/pkg/BILLS-117s4537is/xml/BILLS-117s4537is.xml |
117-s-4538 | II 117th CONGRESS 2d Session S. 4538 IN THE SENATE OF THE UNITED STATES July 14, 2022 Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend section 248 of title 18, United States Code, to provide adequate penalties and remedies for attacks on facilities providing counseling about abortion alternatives and attacks on places of religious worship.
1. Short title This Act may be cited as the Pregnancy Resource Center Defense Act . 2. Attacks on facilities providing counseling about abortion alternatives and places of religious worship (a) Criminal penalties Section 248(b)(1) of title 18, United States Code, is amended by inserting , except that for a first offense, if the conduct involved a facility described in subsection (a)(3) that exclusively provides abortion-alternative services or involved a place of religious worship and did not involve exclusively a nonviolent physical obstruction, the length of imprisonment shall be not more than 3 years after or both . (b) Civil remedies Section 248(c) of title 18, United States Code, is amended— (1) in paragraph (1)(B), in the second sentence, by inserting , or $20,000 per violation for conduct involving a facility described in subsection (a)(3) that exclusively provides abortion-alternative services or involving a place of religious worship after per violation ; and (2) in paragraph (2)(B)(i), by inserting , $25,000 for a first violation, if the violation involved a facility described in subsection (a)(3) that exclusively provides abortion-alternative services or involved a place of religious worship and did not involve exclusively a nonviolent physical obstruction, after physical obstruction . 3. Destruction of buildings, vehicles, and property Section 844(i) of title 18, United States Code, is amended by inserting or if the building is a facility described in section 248(a)(3) that exclusively provides abortion-alternative services or is a place of religious worship, before shall be imprisoned for not less than 7 years . | https://www.govinfo.gov/content/pkg/BILLS-117s4538is/xml/BILLS-117s4538is.xml |
117-s-4539 | II 117th CONGRESS 2d Session S. 4539 IN THE SENATE OF THE UNITED STATES July 14, 2022 Ms. Ernst (for herself, Mr. Rubio , Mrs. Hyde-Smith , Mr. Cruz , Mr. Wicker , Mr. Thune , Mr. Scott of Florida , Mr. Rounds , Mr. Daines , Mr. Sasse , Mr. Marshall , Mr. Lankford , Mr. Hawley , and Mr. Inhofe ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To designate June as the Month of Life .
1. Short title This Act may be cited as the Month of Life Celebration Act . 2. Findings Congress finds the following: (1) The Declaration of Independence states, We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. . (2) The right to life is one of the founding principles of our Nation. (3) The Constitution does not include a right to abortion. (4) The rights of the States are written into the Constitution and should be respected and supported. (5) Federal, State, and local governments have the duty to protect the life of all individuals regardless of race, national origin, sex, age, creed, or ability. (6) The development of scientific and medical technology has repeatedly demonstrated the humanity of the unborn child. (7) By 15 weeks, the time at which unborn babies are protected by the law central to Dobbs v. Jackson Women's Health Organization, No. 19–1392, 2022 WL 2276808 (U.S. June 24, 2022), babies have fully developed hearts, can feel pain, can suck their thumbs, and will kick and jump if startled. (8) More than 63,000,000 lives have been lost over the past 50 years because of the unconstitutional decision in Roe v. Wade, 410 U.S. 113 (1973). (9) Of all pregnancies that resulted in either live birth or abortion in the last reported year, about 1 in 5 pregnancies resulted in abortion. (10) Every State and territory provides necessary resources to help women and families with unplanned pregnancies to find life-affirming alternatives to abortion. (11) Faith-based organizations and churches have a religious calling to love their neighbors and serve those in need, especially unborn children. (12) Community leaders, whether individuals, families, businesses, or other organizations, play an active role in upholding the dignity of life and providing care for children and families in their communities. (13) No woman should stand alone during or after her pregnancy. (14) Local nonprofit network organizations and pregnancy centers provide critical services to mothers, children, and families in need in their communities. (15) Adoption serves as an alternative life-affirming option for unplanned pregnancies. (16) On June 24, 2022, the United States Supreme Court issued its decision in Dobbs v. Jackson Women's Health Organization, which overturned Roe v. Wade. (17) It is the responsibility of the people of the United States to love their neighbors and care for those in need. (18) The United States Government must continue to protect and affirm the lives of all people of the United States. 3. Designation of the Month of Life (a) Designation Chapter 1 of title 36, United States Code, is amended by adding at the end the following: 147. Month of Life (a) Designation June is the Month of Life. (b) Proclamation The President shall issue each year a proclamation— (1) reaffirming the dignity of human life; (2) supporting life both inside the womb and outside the womb, as well as the life of the pregnant mother; (3) committing to surrounding mothers, fathers, and children with the resources and tools they need to survive and thrive; and (4) encouraging families and communities to stand ready to assist mothers, fathers, and children. . (b) Conforming Amendment The table of sections for chapter 1 of title 36, United States Code, is amended by adding at the end the following: 147. Month of Life. . | https://www.govinfo.gov/content/pkg/BILLS-117s4539is/xml/BILLS-117s4539is.xml |
117-s-4540 | II 117th CONGRESS 2d Session S. 4540 IN THE SENATE OF THE UNITED STATES July 14, 2022 Mr. Daines (for himself and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Water Resources Reform and Development Act of 2014 to improve provisions relating to the development of hydropower at Corps of Engineers facilities, and for other purposes.
1. Expediting hydropower at Corps of Engineers facilities Section 1008 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2321b ) is amended— (1) in subsection (b)(1), by inserting and to meet the requirements of subsection (b) after projects ; (2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; (3) by inserting after subsection (a) the following: (b) Implementation of policy The Secretary shall— (1) ensure that the policy described in section (a) is implemented nationwide in an efficient, consistent, and coordinated manner; and (2) assess opportunities— (A) to increase the development of hydroelectric power at existing hydroelectric water resources development projects of the Corps of Engineers; and (B) to develop new hydroelectric power at nonpowered water resources development projects of the Corps of Engineers. ; and (4) by adding at the end the following: (e) Program manager for non-Federal hydroelectric power development (1) Designation The Chief of Engineers shall designate an employee of the Corps of Engineers as a Program Manager for Non-Federal Hydroelectric Power Development (referred to in this subsection as the Program Manager ). (2) Requirements The Program Manager shall— (A) not be otherwise involved in the review of any Corps of Engineers permit to develop hydroelectric power at Corps of Engineers civil works projects; and (B) be located at the headquarters office of the Corps of Engineers. (3) Responsibilities With respect to the development of non-Federal hydroelectric power at Corps of Engineers civil works projects, the Program Manager shall— (A) ensure timely and consistent review of permits across Corps of Engineers districts and levels; (B) answer questions within the Corps of Engineers, or facilitate communication between developers and the Corps of Engineers, concerning Corps of Engineers permits; (C) answer questions from developers regarding the permitting process of the Corps of Engineers; (D) coordinate with the Federal Energy Regulatory Commission on licensing matters; (E) facilitate timely action on all aspects of Federal permitting required for hydropower development; and (F) ensure that new hydropower productions are designed and operated with environmentally sustainable technologies and management plans. (4) Reporting Not later than 90 days after the date of enactment of this subsection, the Chief of Engineers shall submit to Congress a report on the implementation of this subsection and subsection (b). . | https://www.govinfo.gov/content/pkg/BILLS-117s4540is/xml/BILLS-117s4540is.xml |
117-s-4541 | II 117th CONGRESS 2d Session S. 4541 IN THE SENATE OF THE UNITED STATES July 14, 2022 Mr. Rubio (for himself, Mr. Marshall , Mr. Wicker , Mr. Inhofe , Mrs. Hyde-Smith , Mr. Thune , Mr. Scott of Florida , Mr. Cruz , and Mrs. Fischer ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require the Secretary of Health and Human Services to furnish tailored information to expecting mothers, and for other purposes.
1. Short title This Act may be cited as the Standing with Moms Act . 2. Awareness for expecting mothers The Public Health Service Act is amended by adding at the end the following: XXXIV Awareness for expecting mothers 3401. Website and portal (a) Website Not later than 1 year after the date of enactment of this section, the Secretary shall publish a user-friendly public website, life.gov, to provide a comprehensive list of Federal, State, local governmental, and private resources available to pregnant women including— (1) resources to mental health counseling, pregnancy counseling, and other prepartum and postpartum services; (2) comprehensive information on alternatives to abortion; (3) information about abortion risks, including complications and failures; and (4) links to information on child development from moment of conception. (b) Portal Not later than 1 year after the date of enactment of this section, the Secretary shall publish a portal on the public website of the Department of Health and Human Services that— (1) through a series of questions, will furnish specific tailored information to the user on what pregnancy-related information they are looking for, such as— (A) Federal, State, local governmental, and private resources that may be available to the woman within her ZIP Code, including the resources specified in subsection (c); and (B) risks related to abortion at all stages of fetal gestation; and (2) provides for the submission of feedback on how user-friendly and helpful the portal was in providing the tailored information the user was seeking. (c) Resources The Federal, State, local governmental, and private resources specified in this subsection are the following: (1) Mentorship opportunities, including pregnancy help and case management resources. (2) Health and well-being services, including women’s medical services such as obstetrical and gynecological support services for women, abortion pill reversal, breastfeeding, general health services, primary care, and dental care. (3) Financial assistance, work opportunities, nutrition assistance, childcare, and education opportunities. (4) Material or legal support, including transportation, food, nutrition, clothing, household goods, baby supplies, housing, shelters, maternity homes, tax preparation, legal support for child support, family leave, breastfeeding protections, and custody issues. (5) Recovery and mental health services, including services with respect to addiction or suicide intervention, intimate partner violence, sexual assault, rape, sex trafficking, and counseling for women and families surrounding unexpected loss of a child. (6) Prenatal diagnostic services, including disability support organizations, medical interventions for a baby, perinatal hospice resources, pregnancy and infant loss support, and literature on pregnancy wellness. (7) Healing and support services for abortion survivors and their families. (8) Services providing care for children, including family planning education, adoption, foster care, and short-term care resources. (d) Administration The Secretary may not delegate implementation or administration of the portal established under subsection (b) below the level of the Office of the Secretary. (e) Follow-Up The Secretary shall develop a plan under which— (1) the Secretary includes in the portal established under subsection (b), a mechanism for users of the portal to take an assessment through the portal and provide consent to use the user’s contact information; (2) the Secretary conducts outreach via phone or email to follow up with users of the portal established under subsection (b) on additional resources that would be helpful for the users to review; and (3) upon the request of a user of the portal for specific information, after learning of the additional resources through the portal, agents of the Department of Health and Human Services make every effort to furnish specific information to such user in coordination with Federal, State, local governmental, and private health care providers and resources. (f) Resource list aggregation (1) In general Pursuant to criteria developed in subsection (e)(2), each State shall provide recommendations of State, local governmental, and private resources under subsection (b)(1)(A) to include in the portal. (2) Criteria for making recommendations The Secretary shall develop criteria to provide to the States to determine whether resources recommended as described in paragraph (1) for inclusion in the portal can appear in the portal. Such criteria shall include the requirement that the resource provider is not a prohibited entity and the requirement that the resource provider has been engaged in providing services for a minimum of 3 consecutive years. (3) Grant program (A) In general The Secretary may provide grants to States to establish or support a system that aggregates the resources described in subsection (b)(1)(A), in accordance with the criteria developed under paragraph (2), and that may be coordinated, to the extent determined appropriate by the State, by a statewide, regionally based, or community-based public entity or private nonprofit. (B) Applications To be eligible to receive a grant under subparagraph (A), a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including a plan for outreach and awareness activities, and a list of service providers that would be included in the State system supported by the grant. (g) Maternal Mental Health Hotline The Secretary shall ensure that the Maternal Mental Health Hotline of the Health Resources and Services Administration— (1) disseminates information regarding, and linkages to, the life.gov website and portal described in subsections (a) and (b); (2) has the capacity to help families in every State and community in the Nation; and (3) includes live chat features, 24 hours a day, to connect individuals to the information the portal hosts. (h) Prohibition regarding certain entities The resources listed on the life.gov website, and made available through the portal and hotline established under this section may not include any resource offered by a prohibited entity. (i) Services in different languages The life.gov website and hotline shall ensure the widest possible access to services for families who speak languages other than English. (j) Reporting requirements (1) In general Not later than 180 days after date on which the life.gov website and portal are established under subsection (a), the Secretary shall submit to Congress a report on— (A) the traffic of the website and the interactive portal; (B) user feedback on the accessibility and helpfulness of the website and interactive portal in tailoring to the user’s needs; (C) insights on gaps in Federal, State, local governmental, and private programming with respect to services for pregnant and postpartum women; and (D) suggestions on how to improve user experience and accessibility based on user feedback and missing resources that would be helpful to include in future updates. (2) Confidentiality The report under paragraph (1) shall not include any personal identifying information regarding individuals who have used the website or portal. (k) Definitions In this section: (1) Abortion The term abortion means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally— (A) kill the unborn child of a woman known to be pregnant; or (B) prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to— (i) increase the probability of a live birth or of preserving the life or health of the child after live birth; or (ii) remove a dead unborn child. (2) Born alive The term born alive has the meaning given such term in section 8(b) of title 1, United States Code. (3) Prohibited entity The term prohibited entity means an entity, including its affiliates, subsidiaries, successors, and clinics that performs, induces, refers for, or counsels in favor of abortions, or provides financial support to any other organization that conducts such activities. (4) Unborn child The term unborn child means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive. . | https://www.govinfo.gov/content/pkg/BILLS-117s4541is/xml/BILLS-117s4541is.xml |
117-s-4542 | II 117th CONGRESS 2d Session S. 4542 IN THE SENATE OF THE UNITED STATES July 14, 2022 Mr. Bennet (for himself and Mr. Hickenlooper ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish the Dolores River National Conservation Area and the Dolores River Special Management Area in the State of Colorado, to protect private water rights in the State, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Dolores River National Conservation Area and Special Management Area Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Dolores River National Conservation Area Sec. 101. Establishment of Dolores River National Conservation Area. Sec. 102. Management of Conservation Area. Sec. 103. Dolores River National Conservation Area Advisory Council. TITLE II—Dolores River Special Management Area Sec. 201. Designation of Dolores River Special Management Area. Sec. 202. Management of Special Management Area. TITLE III—Technical modifications to potential additions to National Wild and Scenic Rivers System Sec. 301. Purpose. Sec. 302. Release of Dolores River study area. Sec. 303. Applicability of continuing consideration provision. TITLE IV—General provisions Sec. 401. Management of covered land. Sec. 402. Protection of water rights and other interests. Sec. 403. Effect on private property and regulatory authority. Sec. 404. Tribal rights and traditional uses. 2. Definitions In this Act: (1) Conservation Area The term Conservation Area means the Dolores River National Conservation Area established by section 101(a). (2) Council The term Council means the Dolores River National Conservation Area Advisory Council established under section 103(a). (3) Covered land The term covered land means— (A) the Conservation Area; and (B) the Special Management Area. (4) Dolores Project The term Dolores Project has the meaning given the term in section 3 of the Colorado Ute Indian Water Rights Settlement Act of 1988 ( Public Law 100–585 ; 102 Stat. 2974). (5) Map The term Map means the map prepared by the Bureau of Land Management entitled Proposed Dolores River National Conservation Area and Special Management Area and dated July 13, 2022. (6) Public land The term public land has the meaning given the term public lands in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 ). (7) Secretary The term Secretary means— (A) in title I, the Secretary of the Interior; (B) in title II, the Secretary of Agriculture; and (C) in title IV— (i) the Secretary of the Interior, with respect to land under the jurisdiction of the Secretary of the Interior; and (ii) the Secretary of Agriculture, with respect to land under the jurisdiction of the Secretary of Agriculture. (8) Special Management Area The term Special Management Area means the Dolores River Special Management Area established by section 201(a). (9) State The term State means the State of Colorado. (10) Unreasonably diminish The term unreasonably diminish is within the meaning of the term used in section 7(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1278(a) ) and has the meaning of the term as applied in appendix D of the Technical Report of the Interagency Wild and Scenic Rivers Coordinating Council entitled Wild & Scenic Rivers: Section 7 and dated October 2004. (11) Water resource project The term water resource project means any dam, irrigation and pumping facility, reservoir, water conservation work, aqueduct, canal, ditch, pipeline, well, hydropower project, and transmission and other ancillary facility, and other water diversion, storage, and carriage structure. I Dolores River National Conservation Area 101. Establishment of Dolores River National Conservation Area (a) Establishment (1) In general Subject to valid existing rights, there is established the Dolores River National Conservation Area in the State. (2) Area included The Conservation Area shall consist of approximately 53,187 acres of Bureau of Land Management land in the State, as generally depicted on the Map. (b) Purpose The purpose of the Conservation Area is to conserve, protect, and enhance the native fish, whitewater boating, recreational, scenic, cultural, archaeological, natural, geological, historical, ecological, watershed, wildlife, educational, and scientific resources of the Conservation Area. (c) Map and legal description (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Conservation Area with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (2) Effect The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct minor errors in the map or legal description. (3) Public availability A copy of the map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. 102. Management of Conservation Area (a) In general The Secretary shall manage the Conservation Area in accordance with— (1) this Act; (2) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); and (3) other applicable laws. (b) Uses Subject to the provisions of this Act, the Secretary shall allow only such uses of the Conservation Area as are consistent with the purpose described in section 101(b). (c) Management plan (1) Plan required (A) In general Not later than 3 years after the date of enactment of this Act, the Secretary shall develop a management plan for the long-term protection, management, and monitoring of the Conservation Area. (B) Review and revision The management plan under subparagraph (A) shall, from time to time, be subject to review and revision, in accordance with— (i) this Act; (ii) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); and (iii) other applicable laws. (2) Consultation and coordination The Secretary shall prepare and revise the management plan under paragraph (1)— (A) in consultation with— (i) the State; (ii) units of local government; (iii) the public; (iv) the Council; and (v) the Native Fish Monitoring and Recommendation Team, as described in section 402(b)(1); and (B) in coordination with the Secretary of Agriculture, with respect to the development of the separate management plan for the Special Management Area, as described in section 202(c). (3) Recommendations In preparing and revising the management plan under paragraph (1), the Secretary shall take into consideration any recommendations from the Council. (4) Treaty rights In preparing and revising the management plan under paragraph (1), taking into consideration the rights and obligations described in section 402, the Secretary shall ensure that the management plan does not alter or diminish— (A) the treaty rights of any Indian Tribe; (B) any rights described in the Colorado Ute Indian Water Rights Settlement Act of 1988 ( Public Law 100–585 ; 102 Stat. 2973); or (C) the operation or purposes of the Dolores Project. (d) Incorporation of acquired land and interests Any land or interest in land located within the boundary of the Conservation Area that is acquired by the United States in accordance with section 401(c) after the date of enactment of this Act shall— (1) become part of the Conservation Area; and (2) be managed as provided in this section. (e) Department of Energy leases (1) In general Nothing in this title affects valid leases or lease tracts existing on the date of enactment of this Act issued under the uranium leasing program of the Department of Energy within the boundaries of the Conservation Area. (2) Management (A) In general Subject to subparagraph (B), land designated for the program described in paragraph (1) shall be— (i) exempt from section 401(b); and (ii) managed in a manner that allow the leases to fulfill the purposes of the program, consistent with the other provisions of this title and title IV. (B) Designation Land subject to a lease described in paragraph (1) shall be considered part of the Conservation Area and managed in accordance with other provisions of this title on a finding by the Secretary that— (i) (I) the lease has expired; and (II) the applicable lease tract has been removed from the leasing program by the Secretary of Energy; and (ii) the land that was subject to the lease is suitable for inclusion in the Conservation Area. (C) Effect Nothing in subparagraph (B) prevents the Secretary of Energy from extending any lease described in paragraph (1). 103. Dolores River National Conservation Area Advisory Council (a) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary shall establish an advisory council, to be known as the Dolores River National Conservation Area Advisory Council . (b) Duties The Council shall advise— (1) the Secretary with respect to the preparation, implementation, and monitoring of the management plan prepared under section 102(c); and (2) the Secretary of Agriculture with respect to the preparation, implementation, and monitoring of the management plan prepared under section 202(c). (c) Applicable law The Council shall be subject to— (1) the Federal Advisory Committee Act (5 U.S.C. App.); (2) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); and (3) this Act. (d) Membership (1) In general The Council shall include 13 members to be appointed by the Secretary, of whom, to the extent practicable— (A) 2 members shall represent agricultural water user interests in the Conservation Area or the Dolores River watershed, of whom 1 shall represent the Dolores Water Conservancy District; (B) 2 members shall represent conservation interests in the Conservation Area; (C) 2 members shall represent recreation interests in the Conservation Area, 1 of whom shall represent whitewater boating interests; (D) 1 member shall be a representative of Dolores County, Colorado; (E) 1 member shall be a representative of San Miguel County, Colorado; (F) 1 member shall be a representative of Montezuma County, Colorado; (G) 1 member shall be a private landowner that owns land in immediate proximity to the Conservation Area; (H) 1 member shall be a representative of Colorado Parks and Wildlife; (I) 1 member shall be a holder of a grazing-allotment permit in the Conservation Area; and (J) 1 member shall be a representative of the Ute Mountain Ute Tribe. (2) Representation (A) In general The Secretary shall ensure that the membership of the Council is fairly balanced in terms of the points of view represented and the functions to be performed by the Council. (B) Requirements (i) In general The members of the Council described in subparagraphs (B) and (C) of paragraph (1) shall be residents that live within reasonable proximity to the Conservation Area. (ii) County representatives The members of the Council described in subparagraphs (D) and (E) of paragraph (1) shall be— (I) residents of the respective counties referred to in those subparagraphs; and (II) capable of representing the interests of the applicable board of county commissioners. (e) Terms of office (1) In general The term of office of a member of the Council shall be 5 years. (2) Reappointment A member may be reappointed to the Council on completion of the term of office of the member. (f) Compensation A member of the Council— (1) shall serve without compensation for service on the Council; but (2) may be reimbursed for qualified expenses of the member. (g) Chairperson The Council shall elect a chairperson from among the members of the Council. (h) Meetings (1) In general The Council shall meet at the call of the chairperson— (A) not less frequently than quarterly until the management plan under section 102(c) is developed; and (B) thereafter, at the call of the Secretary. (2) Public meetings Each meeting of the Council shall be open to the public. (3) Notice A notice of each meeting of the Council shall be published in advance of the meeting. (i) Technical assistance The Secretary shall provide, to the maximum extent practicable in accordance with applicable law, any information and technical services requested by the Council to assist in carrying out the duties of the Council. (j) Renewal The Secretary shall ensure that the Council charter is renewed as required under applicable law. (k) Duration The Council— (1) shall continue to function for the duration of existence of the Conservation Area; but (2) on completion of the management plan, shall only meet— (A) at the call of the Secretary; or (B) in the case of a review or proposed revision to the management plan. II Dolores River Special Management Area 201. Designation of Dolores River Special Management Area (a) Establishment (1) In general Subject to valid existing rights, there is established the Dolores River Special Management Area in the State. (2) Area included The Special Management Area shall consist of approximately 15,664 acres of Federal land in the San Juan National Forest in the State, as generally depicted on the Map. (b) Purpose The purpose of the Special Management Area is to conserve, protect, and enhance the native fish, whitewater boating, recreational, scenic, cultural, archaeological, natural, geological, historical, ecological, watershed, wildlife, educational, and scientific resources of the Special Management Area. (c) Map and legal description (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Special Management Area with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (2) Effect The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct minor errors in the map or legal description. (3) Public availability A copy of the map and legal description shall be on file and available for public inspection in the appropriate offices of the Forest Service. 202. Management of Special Management Area (a) In general The Secretary shall manage the Special Management Area in accordance with— (1) this Act; (2) the National Forest Management Act of 1976 ( 16 U.S.C. 1600 et seq. ); and (3) other applicable laws. (b) Uses The Secretary shall allow only such uses of the Special Management Area as the Secretary determines would further the purpose of the Special Management Area, as described in section 201(b). (c) Management plan (1) Plan required (A) In general Not later than 3 years after the date of enactment of this Act, the Secretary shall develop a management plan for the long-term protection, management, and monitoring of the Special Management Area. (B) Review and revision The management plan under subparagraph (A) shall, from time to time, be subject to review and revision in accordance with— (i) this Act; (ii) the National Forest Management Act of 1976 ( 16 U.S.C. 1600 et seq. ); and (iii) other applicable laws. (2) Consultation and coordination The Secretary shall prepare and revise the management plan under paragraph (1)— (A) in consultation with— (i) the State; (ii) units of local government; (iii) the public; (iv) the Council; and (v) the Native Fish Monitoring and Recommendation Team, as described in section 402(b)(1); and (B) in coordination with the Secretary of the Interior, with respect to the development of the separate management plan for the Conservation Area, as described in section 102(c). (3) Recommendations In preparing and revising the management plan under paragraph (1), the Secretary shall take into consideration any recommendations from the Council. (4) Treaty rights In preparing and revising the management plan under paragraph (1), taking into consideration the rights and obligations described in section 402, the Secretary shall ensure that the management plan does not alter or diminish— (A) the treaty rights of any Indian Tribe; (B) any rights described in the Colorado Ute Indian Water Rights Settlement Act of 1988 ( Public Law 100–585 ; 102 Stat. 2973); or (C) the operation or purposes of the Dolores Project. (d) Incorporation of acquired land and interests Any land or interest in land located within the boundary of the Special Management Area that is acquired by the United States in accordance with section 401(c) after the date of enactment of this Act shall— (1) become part of the Special Management Area; and (2) be managed as provided in this section. III Technical modifications to potential additions to National Wild and Scenic Rivers System 301. Purpose The purpose of this title is to release portions of the Dolores River and certain tributaries from designation for potential addition under the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq. ) or from further study under that Act. 302. Release of Dolores River study area Section 5(a)(56) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1276(a)(56) ) is amended by inserting and the segments of the Dolores River located in the Dolores River National Conservation Area designated by the Dolores River National Conservation Area and Special Management Area Act before the period at the end. 303. Applicability of continuing consideration provision Section 5(d)(1) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1276(d)(1) ) shall not apply to— (1) the Conservation Area; or (2) the Special Management Area. IV General provisions 401. Management of covered land (a) Motorized vehicles (1) In general Except in cases in which motorized vehicles are needed for administrative purposes or to respond to an emergency, the use of motorized vehicles in the covered land shall be permitted only on designated routes. (2) Road construction Except as necessary for administrative purposes, protection of public health and safety, or providing reasonable access to private property, the Secretary shall not construct any permanent or temporary road within the covered land after the date of enactment of this Act. (b) Withdrawals Subject to valid existing rights, all public land within the covered land, including any land or interest in land that is acquired by the United States within the covered land after the date of enactment of this Act, is withdrawn from— (1) entry, appropriation or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws, except as provided in section 102(e). (c) Willing sellers Any acquisition of land or interests in land under this Act shall be only by purchase from willing sellers, donation, or exchange. (d) Grazing The Secretary shall issue and administer any grazing leases or permits and trailing permits and administer allotments in the covered land in accordance with the laws (including regulations) applicable to the issuance and administration of leases and permits on other land under the jurisdiction of the Bureau of Land Management or Forest Service, as applicable. (e) Access to private land To ensure reasonable use and enjoyment of private property (whether in existence on the date of enactment of this Act or in an improved state), the Secretary shall grant reasonable and feasible access through the covered land to any private property that is located within or adjacent to the covered land, if other routes to the private property are blocked by physical barriers, such as the Dolores River or the cliffs of the Dolores River. (f) Easements The Secretary may lease or acquire easements on private land from willing lessors, donors, or sellers for recreation, access, conservation, or other permitted uses, to the extent necessary to fulfill the purposes of the Conservation Area or Special Management Area, as applicable. (g) Wildfire, insect, and disease management The Secretary may take any measures that the Secretary determines to be necessary to control fire, insects, and diseases in the covered land, (including, as the Secretary determines to be appropriate, the coordination of the measures with the State or a local agency). (h) Management of Ponderosa Gorge (1) In general The Secretary shall manage the areas of the Conservation Area and Special Management Area identified on the Map as Ponderosa Gorge in a manner that maintains the wilderness character of those areas as of the date of enactment of this Act. (2) Prohibited activities Subject to paragraph (3), in the areas described in paragraph (1), the following activities shall be prohibited: (A) New permanent or temporary road construction or the renovation of nonsystem roads in existence on the date of enactment of this Act. (B) The use of motor vehicles, motorized equipment, or mechanical transport, except as necessary to meet the minimum requirements for the administration of the Federal land, to protect public health and safety, or to conduct ecological restoration activities to improve the aquatic habitat of the Dolores River channel. (C) Projects undertaken for the purpose of harvesting commercial timber (other than activities relating to the harvest of merchantable products that are byproducts of activities conducted for ecological restoration or to further the purposes of this Act). (3) Utility corridor Nothing in this subsection affects the operation, maintenance, or location of the utility right-of-way within the corridor, as depicted on the Map. (i) Effect Nothing in this Act prohibits the Secretary from issuing a new permit and right-of-way within the covered land for a width of not more than 150 feet for a right-of-way that serves a transmission line in existence on the date of enactment of this Act, on the condition that the Secretary shall relocate the right-of-way in a manner that furthers the purposes of this Act. (j) Climatological data collection Subject to such terms and conditions as the Secretary may require, nothing in this Act precludes the installation and maintenance of hydrologic, meteorological, or climatological collection devices in the covered land if the facilities and access to the facilities are essential to public safety, flood warning, flood control, water reservoir operation activities, or the collection of hydrologic data for water resource management purposes. 402. Protection of water rights and other interests (a) Dolores Project (1) Operation The Dolores Project and the operation of McPhee Reservoir shall continue to be the responsibility of, and be operated by, the Secretary, in cooperation with the Dolores Water Conservancy District, in accordance with applicable laws and obligations. (2) Effect Nothing in this Act affects the Dolores Project or the operation of McPhee Reservoir, in accordance with— (A) the reclamation laws; (B) any applicable— (i) Dolores Project water contract, storage contract, or carriage contract; or (ii) allocation of Dolores Project water; (C) the environmental assessment and finding of no significant impact prepared by the Bureau of Reclamation Upper Colorado Region and approved August 2, 1996; (D) the operating agreement entitled Operating Agreement, McPhee Dam and Reservoir, Contract No. 99–WC–40–R6100, Dolores Project, Colorado and dated April 25, 2000 (or any subsequent renewal or revision of that agreement); (E) mitigation measures for whitewater boating, including any such measure described in— (i) the document entitled Dolores Project Colorado Definite Plan Report and dated April 1977; (ii) the Dolores Project final environmental statement dated May 9, 1977; or (iii) a document referred to in subparagraph (C) or (D); (F) applicable Federal or State laws relating to the protection of the environment, including— (i) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); (ii) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (iii) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); and (G) the Colorado Ute Indian Water Rights Settlement Act of 1988 ( Public Law 100–585 ; 102 Stat. 2973). (b) Management of flows (1) In general In managing available flows below McPhee Dam to conserve, protect, and enhance the resources described in sections 101(b) and 201(b) of the Dolores River within the covered land, including native fish and whitewater boating resources, the Secretary shall seek to provide regular and meaningful consultation and collaboration with interested stakeholders, including the Native Fish Monitoring and Recommendation Team, which includes water management entities, affected counties, conservation interests, whitewater boating interests, Colorado Parks and Wildlife, and the Ute Mountain Ute Tribe, during the process of decisionmaking. (2) Annual report Beginning on the date that is 1 year after the date of enactment of this Act and annually thereafter, the Commissioner of Reclamation shall prepare and make publically available a report that describes any progress with respect to the conservation, protection, and enhancement of native fish in the Dolores River. (c) Water resource projects (1) In general Subject to valid existing rights and paragraph (2), after the date of enactment of this Act, the Secretary or any other officer, employee, or agent of the United States may not assist by loan, grant, license, or otherwise in the construction or modification of any water resource project— (A) located on the covered land that would— (i) affect the free-flowing character of any stream within the covered land; or (ii) unreasonably diminish the resource values described in sections 101(b) and 201(b) of the Dolores River within the covered land; or (B) located outside the covered land that would unreasonably diminish the resource values described in sections 101(b) and 201(b) of the Dolores River within the covered land. (2) Limitations Subject to the requirements of this section, nothing in paragraph (1)— (A) prevents, outside the covered land— (i) the construction of small diversion dams or stock ponds; (ii) new minor water developments in accordance with existing decreed water rights; or (iii) minor modifications to structures; or (B) affects access to, or operation, maintenance, repair, or replacement of, existing water resource projects. (d) Effect Nothing in this Act— (1) affects— (A) any water right that is— (i) decreed under the laws of the State; and (ii) in existence on the date of enactment of this Act; (B) the use, allocation, ownership, or control, in existence on the date of enactment of this Act, of any water or water right; (C) any vested absolute or decreed conditional water right in existence on the date of enactment of this Act, including any water right held by the United States; (D) any interstate water compact in existence on the date of enactment of this Act; or (E) State jurisdiction over any water law, water right, or adjudication or administration relating to any water resource; (2) imposes— (A) any mandatory streamflow requirement within the covered land; or (B) any Federal water quality standard within, or upstream of, the covered land that is more restrictive than would be applicable if the covered land had not been designated as the Conservation Area or Special Management Area under this Act; or (3) constitutes an express or implied reservation by the United States of any reserved or appropriative water right within the covered land. 403. Effect on private property and regulatory authority (a) Effect Nothing in this Act— (1) affects valid existing rights; (2) requires any owner of private property to bear any costs associated with the implementation of the management plan under this Act; (3) affects the jurisdiction or responsibility of the State with respect to fish and wildlife in the State; (4) requires a change in or affects local zoning laws of the State or a political subdivision of the State; or (5) affects— (A) the jurisdiction over, use, or maintenance of county roads in the covered land; or (B) the administration of the portion of the road that is not a county road and that is commonly known as the Dolores River Road within the Conservation Area, subject to the condition that the Secretary shall not improve the road beyond the existing primitive condition of the road. (b) Adjacent management (1) No buffer zones The designation of the Conservation Area and the Special Management Area by this Act shall not create any protective perimeter or buffer zone around the Conservation Area or Special Management Area, as applicable. (2) Private land Nothing in this Act requires the prohibition of any activity on private land outside the boundaries of the Conservation Area or the Special Management Area that can be seen or heard from within such a boundary. 404. Tribal rights and traditional uses (a) Treaty rights Nothing in this Act affects the treaty rights of any Indian Tribe, including rights under the Agreement of September 13, 1873, ratified by the Act of April 29, 1874 (18 Stat. 36, chapter 136). (b) Traditional tribal uses Subject to any terms and conditions as the Secretary determines to be necessary and in accordance with applicable law, the Secretary shall allow for the continued use of the covered land by members of Indian Tribes— (1) for traditional ceremonies; and (2) as a source of traditional plants and other materials. | https://www.govinfo.gov/content/pkg/BILLS-117s4542is/xml/BILLS-117s4542is.xml |
117-s-4543 | II Calendar No. 445 117th CONGRESS 2d Session S. 4543 [Report No. 117–130] IN THE SENATE OF THE UNITED STATES July 18, 2022 Mr. Reed , from the Committee on Armed Services , reported the following original bill; which was read twice and placed on the calendar A BILL To authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.
1. Short title This Act may be cited as the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 . 2. Organization of Act into divisions; table of contents (a) Divisions This Act is organized into four divisions as follows: (1) Division A—Department of Defense Authorizations. (2) Division B—Military Construction Authorizations. (3) Division C—Department of Energy National Security Authorizations and Other Authorizations. (4) Division D—Funding Tables. (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Organization of Act into divisions; table of contents. Sec. 3. Congressional defense committees. Sec. 4. Budgetary effects of this Act. DIVISION A—Department of Defense authorizations TITLE I—Procurement Subtitle A—Authorization of appropriations Sec. 101. Authorization of appropriations. Subtitle B—Army programs Sec. 111. Limitations on production of Extended Range Cannon Artillery howitzers. Subtitle C—Navy programs Sec. 121. DDG(X) destroyer program. Sec. 122. Multiyear procurement authority for Arleigh Burke class destroyers. Sec. 123. Block buy contracts for Ship-to-Shore Connector program. Sec. 124. Procurement authorities for John Lewis-class fleet replenishment oiler ships. Sec. 125. Tomahawk cruise missile capability on FFG–62 class vessels. Sec. 126. Navy shipbuilding workforce development initiative. Sec. 127. Extension of prohibition on availability of funds for Navy port waterborne security barriers. Sec. 128. Limitation on retirement of E–6B aircraft. Sec. 129. EA–18G aircraft. Sec. 130. Block buy contracts for CH–53K heavy lift helicopter program. Subtitle D—Air Force programs Sec. 141. Prohibition on certain reductions to inventory of E–3 airborne warning and control system aircraft. Sec. 142. Modification of inventory requirements for air refueling tanker aircraft. Sec. 143. Prohibition on reductions to inventory of F–22 Block 20 aircraft. Subtitle E—Defense-wide, joint, and multiservice matters Sec. 151. Parts for commercial derivative aircraft and engines and aircraft based on commercial design. Sec. 152. Assessment and strategy for fielding counter unmanned aerial systems swarm capabilities. Sec. 153. Treatment of nuclear modernization and hypersonic missile programs within Defense Priorities and Allocations System. Sec. 154. Government Accountability Office assessment of efforts to modernize propulsion systems of the F–35 aircraft. TITLE II—Research, development, test, and evaluation Subtitle A—Authorization of appropriations Sec. 201. Authorization of appropriations. Subtitle B—Program requirements, restrictions, and limitations Sec. 211. Disclosure requirements for recipients of research and development funds. Sec. 212. Modification of cooperative research and development project authority. Sec. 213. Administration of the Advanced Sensor Applications Program. Sec. 214. Modification of authority of the Department of Defense to carry out certain prototype projects. Sec. 215. Competitively awarded demonstrations and tests of electromagnetic warfare technology. Sec. 216. Government-Industry Working Group on Microelectronics. Sec. 217. Inclusion of Office of Under Secretary of Defense for Research and Engineering in personnel management authority to attract experts in science and engineering. Sec. 218. Investment plan for foundational capabilities needed to develop novel processing approaches for future defense applications. Sec. 219. Open radio access network 5G acquisition acceleration and transition plans. Sec. 220. Pilot program to facilitate the development of electric vehicle battery technologies for warfighters. Subtitle C—Plans, reports, and other matters Sec. 231. Report on recommendations from Army Futures Command Research Program Realignment Study. Sec. 232. Strategy and plan for strengthening and fostering defense innovation ecosystem. Sec. 233. Modification of Director for Operational Test and Evaluation annual report. Sec. 234. Extension of requirement for quarterly briefings on development and implementation of strategy for fifth generation information and communications technologies. Sec. 235. Report on estimated costs of conducting a minimum frequency of hypersonic weapons testing. Sec. 236. Annual report on studies and reports being undertaken by the Department of Defense. Sec. 237. Quantifiable assurance capability for security of microelectronics. Sec. 238. Clarification of role of Chief Digital and Artificial Intelligence Officer. TITLE III—Operation and Maintenance Subtitle A—Authorization of Appropriations Sec. 301. Authorization of appropriations. Subtitle B—Energy and Environment Sec. 311. Aggregation of energy conservation measures and funding. Sec. 312. Establishment of joint working group to determine joint requirements for future operational energy needs of Department of Defense. Sec. 313. Additional special considerations for developing and implementing the energy performance goals and energy performance master plan of the Department of Defense. Sec. 314. Participation in pollutant banks and water quality trading. Sec. 315. Consideration under Defense Environmental Restoration Program for State-owned facilities of the National Guard with proven exposure of hazardous substances and waste. Sec. 316. Authorization of closure of Red Hill bulk fuel storage facility. Sec. 317. Revision of Unified Facilities Guide Specifications and Unified Facilities Criteria to include specifications on use of gas insulated switchgear and criteria and specifications on microgrids and microgrid converters. Sec. 318. Transfer of customers from electrical utility system of the Navy at former Naval Air Station Barber’s Point, Hawaii, to new electrical system in Kalaeloa, Hawaii. Sec. 319. Pilot program on use of sustainable aviation fuel. Sec. 320. Renewal of annual environmental and energy reports of Department of Defense. Sec. 321. Report on feasibility of terminating energy procurement from foreign entities of concern. Subtitle C—Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl Substances Sec. 331. Increase of transfer authority for funding of study and assessment on health implications of per- and polyfluoroalkyl substances contamination in drinking water by Agency for Toxic Substances and Disease Registry. Sec. 332. Modification of limitation on disclosure of results of testing for perfluoroalkyl or polyfluoroalkyl substances on private property. Sec. 333. Department of Defense research relating to perfluoroalkyl or polyfluoroalkyl substances. Subtitle D—Logistics and Sustainment Sec. 351. Implementation of Comptroller General recommendations regarding Shipyard Infrastructure Optimization Plan of the Navy. Sec. 352. Research and analysis on the capacity of private shipyards in the United States and the effect of those shipyards on Naval fleet readiness. Sec. 353. Limitation on funds for the Joint Military Information Support Operations Web Operations Center. Sec. 354. Notification of increase in retention rates for Navy ship repair contracts. Sec. 355. Inapplicability of advance billing dollar limitation for relief efforts following major disasters or emergencies. Sec. 356. Repeal of Comptroller General review on time limitations on duration of public-private competitions. Subtitle E—Reports Sec. 371. Inclusion of information regarding joint medical estimates in readiness reports. Subtitle F—Other Matters Sec. 381. Implementation of recommendations relating to animal facility sanitation and master plan for housing and care of horses. Sec. 382. Inclusion of land under jurisdiction of Department of Defense subject to long-term real estate agreement as community infrastructure for purposes of Defense community infrastructure pilot program. Sec. 383. Restriction on procurement or purchasing by Department of Defense of turnout gear for firefighters containing perfluoroalkyl substances or polyfluoroalkyl substances. Sec. 384. Continued designation of Secretary of the Navy as executive agent for Naval Small Craft Instruction and Technical Training School. Sec. 385. Prohibition on use of funds to discontinue the Marine Mammal System program. Sec. 386. Limitation on replacement of non-tactical vehicle fleet of the Department of Defense with electric vehicles, advanced-biofuel-powered vehicles, or hydrogen-powered vehicles. Sec. 387. Limitation on use of charging stations for personal electric vehicles. Sec. 388. Pilot programs for tactical vehicle safety data collection. TITLE IV—Military personnel authorizations Subtitle A—Active forces Sec. 401. End strengths for active forces. Sec. 402. End strength level matters. Sec. 403. Additional authority to vary Space Force end strength. Subtitle B—Reserve forces Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for reserves on active duty in support of the Reserves. Sec. 413. End strengths for military technicians (dual status). Sec. 414. Maximum number of reserve personnel authorized to be on active duty for operational support. Subtitle C—Authorization of appropriations Sec. 421. Military personnel. TITLE V—Military personnel policy Subtitle A—Officer personnel policy Sec. 501. Consideration of adverse information. Sec. 502. Extension of time limitation for grade retention while awaiting retirement. Sec. 503. Realignment in Navy distribution of flag officers serving in the grades of O–8 and O–9. Sec. 504. Updating warrant officer selection and promotion authority. Sec. 505. Authorized strengths for Space Force officers on active duty in grades of major, lieutenant colonel, and colonel. Sec. 506. Repeal of requirement for Inspector General of the Department of Defense to conduct certain reviews. Sec. 507. Modification of reports on Air Force personnel performing duties of a Nuclear and Missile Operations Officer (13N). Subtitle B—Reserve component management Sec. 511. Authority to waive requirement that performance of Active Guard and Reserve duty at the request of a Governor may not interfere with certain duties. Sec. 512. Selected Reserve and Ready Reserve order to active duty to respond to a significant cyber incident. Sec. 513. Backdating of effective date of rank for reserve officers in the National Guard due to undue delays in Federal recognition. Sec. 514. Independent study on Federal recognition process. Sec. 515. Continued National Guard support for FireGuard program. Sec. 516. Inclusion of United States Naval Sea Cadet Corps among youth and charitable organizations authorized to receive assistance from the National Guard. Subtitle C—General service authorities and military records Sec. 521. Modernization of the Selective Service System. Sec. 522. Prohibition on induction under the Military Selective Service Act without express authorization. Sec. 523. Extension of temporary authority for targeted recruitment incentives. Sec. 524. Home leave demonstration program. Sec. 525. Prohibition on considering State laws and regulations when determining individual duty assignments. Sec. 526. Modification to limitations on discharge or release from active duty. Sec. 527. Sex-neutral high fitness standards for Army combat Military Occupational Specialties. Subtitle D—Military justice and other legal matters Sec. 541. Briefing and report on resourcing required for implementation of military justice reform. Sec. 542. Randomization of court-martial panels. Sec. 543. Matters in connection with special trial counsel. Sec. 544. Jurisdiction of Courts of Criminal Appeals. Sec. 545. Special trial counsel. Sec. 546. Exclusion of officers serving as lead special trial counsel from limitations on authorized strengths for general and flag officers. Sec. 547. Special trial counsel of Department of the Air Force. Sec. 548. Restricted reporting option for Department of Defense civilian employees choosing to report experiencing adult sexual assault. Sec. 549. Improvements to Department of Defense tracking of and response to incidents of child abuse, adult crimes against children, and serious harmful behavior between children and youth involving military dependents on military installations. Sec. 550. Primary prevention. Sec. 551. Dissemination of civilian legal services information. Subtitle E—Member education, training, and transition Sec. 561. Review of certain Special Operations personnel policies. Sec. 562. Expanded eligibility to provide Junior Reserve Officers' Training Corps (JROTC) instruction. Sec. 563. Pre-service education demonstration program. Subtitle F—Military family readiness and dependents' education Sec. 571. Certain assistance to local educational agencies that benefit dependents of military and civilian personnel. Sec. 572. Assistance to local educational agencies that benefit dependents of members of the Armed Forces with enrollment changes due to base closures, force structure changes, or force relocations. Sec. 573. Pilot program on hiring of special education inclusion coordinators for Department of Defense child development centers. Sec. 574. Extension of and report on pilot program to expand eligibility for enrollment at domestic dependent elementary and secondary schools. Subtitle G—Decorations and awards, miscellaneous reports, and other matters Sec. 581. Temporary exemption from end strength grade restrictions for the Space Force. Sec. 582. Report on officer personnel management and the development of the professional military ethic in the Space Force. Sec. 583. Report on incidence of suicide by military job code in the Department of Defense. Sec. 584. Waiver of time limitations for act of valor during World War II. Sec. 585. Authorization to award Medal of Honor to Sergeant Major David R. Halbruner for acts of valor in support of an unnamed operation in 2012. Sec. 586. Recognition of service of Lieutenant General Frank Maxwell Andrews. Sec. 587. Posthumous appointment of Ulysses S. Grant to grade of General of the Armies of the United States. Sec. 588. Modification to notification on manning of afloat naval forces. TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS Subtitle A—Pay and Allowances Sec. 601. Temporary continuation of basic allowance for housing for members whose sole dependent dies while residing with the member. Sec. 602. Basic allowance for housing for members without dependents when home port change would financially disadvantage member. Sec. 603. Extension of authority to temporarily adjust basic allowance for housing in certain areas. Sec. 604. Increase in income for purposes of eligibility for basic needs allowance. Sec. 605. Conforming amendments to update references to travel and transportation authorities. Subtitle B—Bonus and Incentive Pays Sec. 611. One-year extension of certain expiring bonus and special pay authorities. Sec. 612. Repeal of sunset of hazardous duty pay. Sec. 613. Authorization of assignment pay or special duty pay based on climate in which a member's duties are performed. Subtitle C—Leave Sec. 621. Modification of authority to allow members of the Armed Forces to accumulate leave in excess of 60 days. Sec. 622. Technical amendments to leave entitlement and accumulation. Sec. 623. Convalescent leave for members of the Armed Forces. Subtitle D—Other Matters Sec. 631. Air Force rated officer retention demonstration program. TITLE VII—Health Care Provisions Subtitle A—TRICARE and Other Health Care Benefits Sec. 701. Improvements to the TRICARE dental program. Sec. 702. Health benefits for members of the National Guard following required training or other duty to respond to a national emergency. Sec. 703. Confidentiality requirements for mental health care services for members of the Armed Forces. Sec. 704. Improvement of referrals for specialty care under TRICARE Prime during permanent changes of station. Sec. 705. Study on providing benefits under TRICARE Reserve Select and TRICARE dental program to members of the Selected Reserve and their dependents. Subtitle B—Health Care Administration Sec. 721. Improvements to organization of military health system. Sec. 722. Inclusion of level three trauma care capabilities in requirements for medical centers. Sec. 723. Extension of Accountable Care Organization demonstration and annual report requirement. Sec. 724. Modification of requirement to transfer public health functions to Defense Health Agency. Sec. 725. Establishment of Military Health System Medical Logistics Directorate. Sec. 726. Establishment of centers of excellence for specialty care in the military health system. Sec. 727. Requirement to establish Academic Health System. Sec. 728. Adherence to policies relating to mild traumatic brain injury and post-traumatic stress disorder. Sec. 729. Policy on accountability for wounded warriors undergoing disability evaluation. Subtitle C—Reports and Other Matters Sec. 741. Three-year extension of authority to continue DOD-VA Health Care Sharing Incentive Fund. Sec. 742. Extension of authority for Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund. Sec. 743. Authorization of permanent program to improve opioid management in the military health system. Sec. 744. Clarification of membership requirements and compensation authority for independent suicide prevention and response review committee. Sec. 745. Termination of veterans’ advisory board on radiation dose reconstruction. Sec. 746. Scholarship-for-service pilot program for civilian behavioral health providers. Sec. 747. Expansion of extramedical maternal health providers demonstration project to include members of the Armed Forces on active duty and other individuals receiving care at military medical treatment facilities. Sec. 748. Authority to carry out studies and demonstration projects relating to delivery of health and medical care through use of other transaction authority. Sec. 749. Capability assessment and action plan with respect to effects of exposure to open burn pits and other environmental hazards. Sec. 750. Independent analysis of Department of Defense Comprehensive Autism Care Demonstration program. Sec. 751. Report on suicide prevention reforms for members of the Armed Forces. Sec. 752. Report on behavioral health workforce and plan to address shortfalls in providers. TITLE VIII—Acquisition policy, acquisition management, and related matters Subtitle A—Acquisition policy and management Sec. 801. Modifications to middle tier acquisition authority. Sec. 802. Extension of Defense Modernization Account authority. Sec. 803. Prohibition on certain procurements of major defense acquisition programs. Sec. 804. Revision of authority for procedures to allow rapid acquisition and deployment of capabilities needed under specified high-priority circumstances. Sec. 805. Acquisition reporting system. Sec. 806. Modification of reporting requirement in connection with requests for multiyear procurement authority for large defense acquisitions. Sec. 807. Modification of limitation on cancellation of designation of Executive Agent for a certain Defense Production Act program. Sec. 808. Comptroller General assessment of acquisition programs and related efforts. Subtitle B—Amendments to general contracting authorities, procedures, and limitations Sec. 821. Treatment of certain clauses implementing executive order mandates. Sec. 822. Data requirements for commercial products for major weapon systems. Sec. 823. Task and delivery order contracting for architectural and engineering services. Sec. 824. Extension of pilot program for distribution support and services for weapons systems contractors. Sec. 825. Pilot program to accelerate contracting and pricing processes. Sec. 826. Extension of Never Contract with the Enemy. Sec. 827. Progress payment incentive pilot. Sec. 828. Report on Department of Defense Strategic Capabilities Office contracting capabilities. Subtitle C—Industrial base matters Sec. 841. Analyses of certain activities for action to address sourcing and industrial capacity. Sec. 842. Modification to miscellaneous limitations on the procurement of goods other than United States goods. Sec. 843. Demonstration exercise of enhanced planning for industrial mobilization and supply chain management. Sec. 844. Procurement requirements relating to rare earth elements and strategic and critical materials. Sec. 845. Modification to the national technology and industrial base. Sec. 846. Modification of prohibition on operation or procurement of foreign-made unmanned aircraft systems. Sec. 847. Annual report on industrial base constraints for munitions. Subtitle D—Small business matters Sec. 861. Modifications to the Defense Research and Development Rapid Innovation Program. Sec. 862. Permanent extension and modification of Mentor-Protege Program. Sec. 863. Small business integration working group. Sec. 864. Demonstration of commercial due diligence for small business programs. Sec. 865. Improvements to Procurement Technical Assistance Center program. Subtitle E—Other matters Sec. 871. Risk management for Department of Defense pharmaceutical supply chains. Sec. 872. Key advanced system development industry days. Sec. 873. Modification of provision relating to determination of certain activities with unusually hazardous risks. Sec. 874. Incorporation of controlled unclassified information guidance into program classification guides and program protection plans. TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT Subtitle A—Office of the Secretary of Defense and Related Matters Sec. 901. Increase in authorized number of Assistant and Deputy Assistant Secretaries of Defense. Sec. 902. Conforming amendments relating to repeal of position of Chief Management Officer. Sec. 903. Limitation on availability of funds for operation and maintenance for Office of Secretary of Defense. Sec. 904. Limitation on use of funds until demonstration of product to identify, task, and manage congressional reporting requirements. Sec. 905. Limitation on use of funds until Department of Defense complies with requirements relating to alignment of Close Combat Lethality Task Force. Subtitle B—Other Department of Defense Organization and Management Matters Sec. 911. Modification of requirements that are responsibility of Armed Forces not Joint Requirements Oversight Council. Sec. 912. Briefing on revisions to Unified Command Plan. Sec. 913. Updates to management reform framework. Sec. 914. Strategic management dashboard demonstration. Sec. 915. Demonstration program for component content management systems. Subtitle C—Space Force Matters Sec. 921. Vice Chief of Space Operations. Sec. 922. Establishment of field operating agencies and direct reporting units of Space Force. Sec. 923. Framework for new subtitle F of title 10, United States Code, on Space Component. Sec. 924. Study of proposed Space Force reorganization. TITLE X—General provisions Subtitle A—Financial matters Sec. 1001. General transfer authority. Sec. 1002. Report on budgetary effects of inflation. Subtitle B—Counterdrug activities Sec. 1011. Extension of authority and annual report on unified counterdrug and counterterrorism campaign in Colombia. Subtitle C—Naval vessels Sec. 1021. Modification to annual naval vessel construction plan. Sec. 1022. Amphibious warship force structure. Sec. 1023. Modification to limitation on decommissioning or inactivating a battle force ship before the end of expected service life. Sec. 1024. Contract requirements relating to maintenance and modernization availabilities for certain naval vessels. Sec. 1025. Prohibition on retirement of certain naval vessels. Subtitle D—Counterterrorism Sec. 1031. Modification and extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries. Sec. 1032. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States. Sec. 1033. Extension of prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba. Sec. 1034. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba. Subtitle E—Miscellaneous authorities and limitations Sec. 1041. Department of Defense-Department of Veterans Affairs Discharge Review Board Committee. Sec. 1042. Modification of provisions relating to cross-functional team for emerging threat relating to anomalous health incidents. Sec. 1043. Civilian casualty prevention, mitigation, and response. Sec. 1044. Prohibition on delegation of authority to designate foreign partner forces as eligible for the provision of collective self-defense support by United States Armed Forces. Sec. 1045. Personnel supporting the Office of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict. Sec. 1046. Joint all domain command and control. Sec. 1047. Extension of admission to Guam or the Commonwealth of the Northern Mariana Islands for certain nonimmigrant H–2B workers. Sec. 1048. Department of Defense support for civil authorities to address the illegal immigration crisis at the southwest border. Sec. 1049. Department of Defense support for funerals and memorial events for Members and former Members of Congress. Sec. 1050. Expansion of eligibility for direct acceptance of gifts by members of the Armed Forces and Department of Defense and Coast Guard employees and their families. Sec. 1051. Technical amendments related to recently enacted Commissions. Subtitle F—Studies and reports Sec. 1061. Submission of National Defense Strategy in classified and unclassified form. Sec. 1062. Report on impact of certain ethics requirements on Department of Defense hiring, retention, and operations. Sec. 1063. Extension of certain reporting deadlines. Subtitle G—Other matters Sec. 1071. Annual risk assessment. Sec. 1072. Joint Concept for Competing. Sec. 1073. Prioritization and acceleration of investments to attain threat matrix framework level 4 capability at training ranges supporting F–35 operations. Sec. 1074. Modification of Arctic Security Initiative. Sec. 1075. Pilot program on safe storage of personally owned firearms. Sec. 1076. Sense of the Senate on redesignation of the Africa Center for Strategic Studies as the James M. Inhofe Center for Africa Strategic Studies. TITLE XI—Civilian personnel matters Sec. 1101. Eligibility of Department of Defense employees in time-limited appointments to compete for permanent appointments. Sec. 1102. Employment authority for civilian faculty at certain military department schools. Sec. 1103. Employment and compensation of civilian faculty members at Inter-American Defense College. Sec. 1104. Modification to personnel management authority to attract experts in science and engineering. Sec. 1105. Enhanced pay authority for certain research and technology positions in science and technology reinvention laboratories. Sec. 1106. Modification and extension of pilot program on dynamic shaping of the workforce to improve the technical skills and expertise at certain Department of Defense laboratories. Sec. 1107. Modification of effective date of repeal of two-year probationary period for employees. Sec. 1108. Modification and extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas. Sec. 1109. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone. Sec. 1110. Modification of temporary expansion of authority for noncompetitive appointments of military spouses by Federal agencies. Sec. 1111. Department of Defense Cyber and Digital Service Academy. Sec. 1112. Civilian Cybersecurity Reserve pilot project. Sec. 1113. Modification to pilot program for the temporary assignment of cyber and information technology personnel to private sector organizations. Sec. 1114. Report on cyber excepted service. TITLE XII—Matters relating to foreign nations Subtitle A—Assistance and training Sec. 1201. Extension of authority to support border security operations of certain foreign countries. Sec. 1202. Modification of reporting requirement for provision of support to friendly foreign countries for conduct of operations. Sec. 1203. Payment of personnel expenses necessary for participation in training program conducted by Colombia under the United States-Colombia Action Plan for Regional Security. Sec. 1204. Modification of authority for participation in multinational centers of excellence. Sec. 1205. Modification of Regional Defense Combating Terrorism and Irregular Warfare Fellowship Program and plan for Irregular Warfare Center. Sec. 1206. Modification of authority for humanitarian demining assistance and stockpiled conventional munitions assistance. Sec. 1207. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations. Sec. 1208. Modifications to humanitarian assistance. Sec. 1209. Defense Environmental International Cooperation Program. Sec. 1210. Security cooperation programs with foreign partners to advance women, peace, and security. Sec. 1211. Review of implementation of prohibition on use of funds for assistance to units of foreign security forces that have committed a gross violation of human rights. Sec. 1212. Independent assessment of United States efforts to train, advise, assist, and equip the military forces of Somalia. Sec. 1213. Assessment and report on adequacy of authorities to provide assistance to military and security forces in area of responsibility of United States Africa Command. Subtitle B—Matters relating to Syria, Iraq, and Iran Sec. 1221. Extension of authority to provide assistance to vetted Syrian groups and individuals. Sec. 1222. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq. Sec. 1223. Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria. Sec. 1224. Assessment of support to Iraqi Security Forces and Kurdish Peshmerga Forces to counter air and missile threats. Sec. 1225. Updates to annual report on military power of Iran. Subtitle C—Matters relating to Europe and the Russian Federation Sec. 1231. Modification of limitation on military cooperation between the United States and the Russian Federation. Sec. 1232. Extension of prohibition on availability of funds relating to sovereignty of the Russian Federation over Crimea. Sec. 1233. Extension and modification of Ukraine Security Assistance Initiative. Sec. 1234. North Atlantic Treaty Organization Special Operations Headquarters. Sec. 1235. Report on United States military force posture and resourcing requirements in Europe. Sec. 1236. Sense of the Senate and report on civilian harm. Sec. 1237. Sense of the Senate on the North Atlantic Treaty Organization. Sec. 1238. Sense of the Senate on Ukraine. Subtitle D—Matters relating to the Indo-Pacific region Sec. 1241. Extension and modification of Pacific Deterrence Initiative. Sec. 1242. Extension of authority to transfer funds for Bien Hoa dioxin cleanup. Sec. 1243. Modification of Indo-Pacific Maritime Security Initiative to authorize use of funds for the Coast Guard. Sec. 1244. Defense of Taiwan. Sec. 1245. Multi-year plan to fulfill defensive requirements of military forces of Taiwan and modification of annual report on Taiwan asymmetric capabilities and intelligence support. Sec. 1246. Enhancing major defense partnership with India. Sec. 1247. Enhanced indications and warning for deterrence and dissuasion. Sec. 1248. Pilot program to develop young civilian defense leaders in the Indo-Pacific region. Sec. 1249. Cross-functional team for matters relating to the People's Republic of China. Sec. 1250. Report on bilateral agreements supporting United States military posture in the Indo-Pacific region. Sec. 1251. Sense of the Senate on supporting prioritization of the People's Republic of China, the Indo-Pacific region, and Taiwan. Sec. 1252. Sense of Congress on defense alliances and partnerships in the Indo-Pacific region. Sec. 1253. Prohibition on use of funds to support entertainment projects with ties to the Government of the People's Republic of China. Subtitle E—Reports Sec. 1261. Report on Fifth Fleet capabilities upgrades. Subtitle F—Other matters Sec. 1271. Prohibition on participation in offensive military operations against the Houthis in Yemen. Sec. 1272. Extension of authority for United States-Israel cooperation to counter unmanned aerial systems. Sec. 1273. Extension of authority for certain payments to redress injury and loss. Sec. 1274. Modification of Secretary of Defense Strategic Competition Initiative. Sec. 1275. Assessment of challenges to implementation of the partnership among Australia, the United Kingdom, and the United States. TITLE XIII—COOPERATIVE THREAT REDUCTION Sec. 1301. Cooperative Threat Reduction funds. TITLE XIV—Other authorizations Subtitle A—Military programs Sec. 1401. Working capital funds. Sec. 1402. Chemical Agents and Munitions Destruction, Defense. Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-wide. Sec. 1404. Defense Inspector General. Sec. 1405. Defense Health Program. Subtitle B—National Defense Stockpile Sec. 1411. Modification of acquisition authority under Strategic and Critical Materials Stock Piling Act. Sec. 1412. Briefings on shortfalls in National Defense Stockpile. Sec. 1413. Authority to acquire materials for the National Defense Stockpile. Subtitle C—Other matters Sec. 1421. Authorization of appropriations for Armed Forces Retirement Home. Sec. 1422. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois. TITLE XV—Space activities, strategic programs, and intelligence matters Subtitle A—Space activities Sec. 1501. Additional authorities of Chief of Space Operations. Sec. 1502. Comprehensive strategy for the Space Force. Sec. 1503. Review of Space Development Agency exemption from Joint Capabilities Integration and Development System. Sec. 1504. Applied research and educational activities to support space technology development. Sec. 1505. Continued requirement for National Security Space Launch program. Sec. 1506. Extension of annual report on Space Command and Control. Sec. 1507. Modification of reports on integration of acquisition and capability delivery schedules for segments of major satellite acquisitions programs and funding for such programs. Sec. 1508. Update to plan to manage Integrated Tactical Warning and Attack Assessment System and multi-domain sensors. Subtitle B—Nuclear Forces Sec. 1511. Matters relating to role of Nuclear Weapons Council with respect to budget for nuclear weapons programs. Sec. 1512. Development of risk management framework for the United States nuclear enterprise. Sec. 1513. Biannual briefing on nuclear weapons and related activities. Sec. 1514. Plan for development of reentry vehicles. Sec. 1515. Industrial base monitoring for B–21 and Sentinel programs. Sec. 1516. Establishment of intercontinental ballistic missile site activation task force for Sentinel program. Sec. 1517. Sense of the Senate and briefing on nuclear cooperation between the United States and the United Kingdom. Sec. 1518. Limitation on use of funds until submission of reports on intercontinental ballistic missile force. Sec. 1519. Prohibition on reduction of the intercontinental ballistic missiles of the United States. Sec. 1520. Limitation on use of funds for B83–1 retirement and report on defeating hard and deeply buried targets. Sec. 1521. Limitation on use of funds for naval nuclear fuel systems based on low-enriched uranium. Sec. 1522. Further limitation on use of funds until submission of analysis of alternatives for nuclear sea-launched cruise missile. Sec. 1523. Modification of reports on Nuclear Posture Review implementation. Sec. 1524. Modification of requirements for plutonium pit production capacity plan. Sec. 1525. Extension of requirement to report on nuclear weapons stockpile. Sec. 1526. Extension of requirement for annual assessment of cyber resiliency of nuclear command and control system. Sec. 1527. Extension of requirement for unencumbered uranium plan. Sec. 1528. Extension of pit production annual certification. Sec. 1529. Elimination of obsolete reporting requirements relating to plutonium pit production. Sec. 1530. Technical amendment to additional report matters on strategic delivery systems. Subtitle C—Missile Defense Sec. 1541. Persistent cybersecurity operations for ballistic missile defense systems and networks. Sec. 1542. Middle East integrated air and missile defense. Sec. 1543. Designation of a Department of Defense individual responsible for missile defense of Guam. Sec. 1544. Modification of provision requiring funding plan for next generation interceptors for missile defense of United States homeland. Sec. 1545. Biannual briefing on missile defense and related activities. Sec. 1546. Improving acquisition accountability reports on the ballistic missile defense system. Sec. 1547. Iron Dome short-range rocket defense system and Israeli cooperative missile defense program co-development and co-production. Sec. 1548. Making permanent prohibitions relating to missile defense information and systems. Sec. 1549. Limitation on use of funds until missile defense designations have been made. Subtitle D—Other matters Sec. 1551. Integration of electronic warfare into Tier 1 and Tier 2 joint training exercises. Sec. 1552. Responsibilities and functions relating to electromagnetic spectrum operations. Sec. 1553. Extension of authorization for protection of certain facilities and assets from unmanned aircraft. Sec. 1554. Department of Defense support for requirements of the White House Military Office. TITLE XVI—Cyberspace-related matters Subtitle A—Matters relating to cyber operations and cyber forces Sec. 1601. Annual assessments and reports on assignment of certain budget control responsibility to Commander of United States Cyber Command. Sec. 1602. Alignment of Department of Defense cyber international strategy with National Defense Strategy and Department of Defense Cyber Strategy. Sec. 1603. Correcting cyber mission force readiness shortfalls. Sec. 1604. Cybersecurity cooperation training at Joint Military Attaché School. Sec. 1605. Strategy, force, and capability development for cyber effects and security in support of operational forces. Sec. 1606. Total force generation for the Cyberspace Operations Forces. Sec. 1607. Management and oversight of Joint Cyber Warfighting Architecture. Sec. 1608. Study to determine the optimal strategy for structuring and manning elements of the Joint Force Headquarters–Cyber Organizations, Joint Mission Operations Centers, and Cyber Operations-Integrated Planning Elements. Sec. 1609. Annual briefing on relationship between National Security Agency and United States Cyber Command. Sec. 1610. Review of certain cyber operations personnel policies. Sec. 1611. Military cybersecurity cooperation with Kingdom of Jordan. Sec. 1612. Commander of the United States Cyber Command. Sec. 1613. Assessment and report on sharing military cyber capabilities with foreign operational partners. Sec. 1614. Report on progress in implementing pilot program to enhance cybersecurity and resiliency of critical infrastructure. Sec. 1615. Protection of critical infrastructure. Subtitle B—Matters relating to Department of Defense cybersecurity and information technology Sec. 1621. Budget display for cryptographic modernization activities for certain systems of the Department of Defense. Sec. 1622. Establishing projects for data management, artificial intelligence, and digital solutions. Sec. 1623. Operational testing for commercial cybersecurity capabilities. Sec. 1624. Plan for commercial cloud test and evaluation. Sec. 1625. Report on recommendations from Navy Civilian Career Path study. Sec. 1626. Review of Department of Defense implementation of recommendations from Defense Science Board cyber report. Sec. 1627. Requirement for software bill of materials. Sec. 1628. Establishment of support center for consortium of universities that advise Secretary of Defense on cybersecurity matters. Sec. 1629. Roadmap and implementation plan for cyber adoption of artificial intelligence. Sec. 1630. Demonstration program for cyber and information technology budget data analytics. Sec. 1631. Limitation on availability of funds for operation and maintenance for Office of Secretary of Defense until framework to enhance cybersecurity of United States defense industrial base is completed. Sec. 1632. Assessments of weapons systems vulnerabilities to radio-frequency enabled cyber attacks. DIVISION B—Military construction authorizations Sec. 2001. Short title. Sec. 2002. Expiration of authorizations and amounts required to be specified by law. Sec. 2003. Effective date. TITLE XXI—Army Military Construction Sec. 2101. Authorized Army construction and land acquisition projects. Sec. 2102. Family housing. Sec. 2103. Authorization of appropriations, Army. Sec. 2104. Extension and modification of authority to carry out certain fiscal year 2018 projects. Sec. 2105. Modification of authority to carry out fiscal year 2019 project at Camp Tango, Korea. TITLE XXII—Navy Military Construction Sec. 2201. Authorized Navy construction and land acquisition projects. Sec. 2202. Family housing. Sec. 2203. Authorization of appropriations, Navy. Sec. 2204. Extension of authority to carry out certain fiscal year 2018 project at Joint Region Marianas, Guam. TITLE XXIII—Air Force military construction Sec. 2301. Authorized Air Force construction and land acquisition projects. Sec. 2302. Family housing. Sec. 2303. Authorization of appropriations, Air Force. Sec. 2304. Extension of authority to carry out certain fiscal year 2018 projects. Sec. 2305. Modification of authority to carry out certain fiscal year 2020 projects at Tyndall Air Force Base, Florida. Sec. 2306. Modification of authority to carry out certain fiscal year 2021 project at Hill Air Force Base, Utah. TITLE XXIV—Defense agencies military construction Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. Sec. 2402. Authorized energy resilience and conservation investment program projects. Sec. 2403. Authorization of appropriations, defense agencies. Sec. 2404. Extension of authority to carry out certain fiscal year 2018 projects. TITLE XXV—International programs Subtitle A—North Atlantic Treaty Organization Security Investment Program Sec. 2501. Authorized NATO construction and land acquisition projects. Sec. 2502. Authorization of appropriations, NATO. Subtitle B—Host Country In-Kind Contributions Sec. 2511. Republic of Korea-funded construction projects. Sec. 2512. Repeal of authorized approach to construction project at Camp Humphreys, Republic of Korea. TITLE XXVI—Guard and reserve forces facilities Sec. 2601. Authorized Army National Guard construction and land acquisition projects. Sec. 2602. Authorized Army Reserve construction and land acquisition projects. Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects. Sec. 2604. Authorized Air National Guard construction and land acquisition projects. Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. Sec. 2606. Authorization of appropriations, National Guard and Reserve. Sec. 2607. Extension of authority to carry out certain fiscal year 2018 projects. Sec. 2608. Corrections to authority to carry out certain fiscal year 2022 projects. TITLE XXVII—Base realignment and closure activities Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense base closure account. Sec. 2702. Prohibition on conducting additional base realignment and closure (BRAC) round. TITLE XXVIII—Military construction general provisions Subtitle A—Military Construction Program Sec. 2801. Modification of cost thresholds for authority of Department of Defense to acquire low-cost interests in land. Sec. 2802. Clarification of exceptions to limitations on cost variations for military construction projects and military family housing projects. Sec. 2803. Elimination of sunset of authority to conduct unspecified minor military construction for lab revitalization. Sec. 2804. Requirement for inclusion of Department of Defense Forms 1391 with annual budget submission by President. Sec. 2805. Determination and notification relating to Executive orders that impact cost and scope of work of military construction projects. Sec. 2806. Extension of authorization of depot working capital funds for unspecified minor military construction. Sec. 2807. Temporary increase of amounts in connection with authority to carry out unspecified minor military construction. Sec. 2808. Electrical charging capability construction requirements relating to parking for Federal Government motor vehicles. Sec. 2809. Use of integrated project delivery contracts. Sec. 2810. Expansion of pilot program on increased use of sustainable building materials in military construction to include locations throughout the United States. Subtitle B—Military Housing Sec. 2821. Specification of Assistant Secretary of Defense for Energy, Installations, and Environment as Chief Housing Officer. Sec. 2822. Department of Defense Military Housing Readiness Council. Sec. 2823. Mandatory disclosure of potential presence of mold and health effects of mycotoxins before a lease is signed for privatized military housing. Sec. 2824. Implementation of recommendations from audit of medical conditions of residents in privatized military housing. Subtitle C—Land Conveyances Sec. 2841. Conveyance, Joint Base Charleston, South Carolina. Subtitle D—Other Matters Sec. 2861. Integrated master infrastructure plan to support defense of Guam. Sec. 2862. Repeal of requirement for Interagency Coordination Group of Inspectors General for Guam Realignment. Sec. 2863. Temporary authority for acceptance and use of funds for certain construction projects in the Republic of Korea. Sec. 2864. Modification of quitclaim deed between the United States and the City of Clinton, Oklahoma. Sec. 2865. Prohibition on joint use of Homestead Air Reserve Base with civil aviation. Sec. 2866. Inclusion of infrastructure improvements identified in the report on strategic seaports in Defense Community Infrastructure Pilot Program. Sec. 2867. Procurement of electric, zero emission, advanced-biofuel-powered, or hydrogen-powered vehicles for the Department of Defense. DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Subtitle A—National Security Programs and Authorizations Sec. 3101. National Nuclear Security Administration. Sec. 3102. Defense environmental cleanup. Sec. 3103. Other defense activities. Sec. 3104. Nuclear energy. Subtitle B—Program Authorizations, Restrictions, and Limitations Sec. 3111. Workforce enhancement for National Nuclear Security Administration. Sec. 3112. Acceleration of depleted uranium manufacturing processes. Sec. 3113. Certification of completion of milestones with respect to plutonium pit aging. Sec. 3114. Assistance by the National Nuclear Security Administration to the Air Force for the development of the Mark 21A fuse. Sec. 3115. Extension of deadline for transfer of parcels of land to be conveyed to Los Alamos County, New Mexico. Sec. 3116. Use of alternative technologies to eliminate proliferation threats at vulnerable sites. Sec. 3117. Update to plan for deactivation and decommissioning of nonoperational defense nuclear facilities. Subtitle C—Budget and Financial Management Matters Sec. 3121. Modification of cost baselines for certain projects. Sec. 3122. Unavailability for overhead costs of amounts specified for laboratory-directed research and development. Sec. 3123. Purchase of real property options. Sec. 3124. Determination of standardized indirect cost elements. Sec. 3125. Adjustment of minor construction threshold. Sec. 3126. Requirements for specific request for new or modified nuclear weapons. Sec. 3127. Limitation on use of funds for National Nuclear Security Administration facility advanced manufacturing development. Subtitle D—Other Matters Sec. 3131. Repeal of obsolete provisions of the Atomic Energy Defense Act and other provisions. TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD Sec. 3201. Authorization. Sec. 3202. Delegation of authority to Chairperson of Defense Nuclear Facilities Safety Board. TITLE XXXV—MARITIME ADMINISTRATION Sec. 3501. Maritime Administration. DIVISION D—Funding Tables Sec. 4001. Authorization of amounts in funding tables. TITLE XLI—Procurement Sec. 4101. Procurement. TITLE XLII—Research, Development, Test, and Evaluation Sec. 4201. Research, development, test, and evaluation. TITLE XLIII—Operation and Maintenance Sec. 4301. Operation and maintenance. TITLE XLIV—Military Personnel Sec. 4401. Military personnel. TITLE XLV—Other Authorizations Sec. 4501. Other authorizations. TITLE XLVI—Military Construction Sec. 4601. Military construction. TITLE XLVII—Department of Energy National Security Programs Sec. 4701. Department of Energy national security programs. 3. Congressional defense committees In this Act, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code. 4. Budgetary effects of this Act The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this Act, jointly submitted for printing in the Congressional Record by the Chairmen of the House and Senate Budget Committees, provided that such statement has been submitted prior to the vote on passage in the House acting first on the conference report or amendment between the Houses. A Department of Defense authorizations I Procurement A Authorization of appropriations 101. Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2023 for procurement for the Army, the Navy and the Marine Corps, the Air Force and the Space Force, and Defense-wide activities, as specified in the funding table in section 4101. B Army programs 111. Limitations on production of Extended Range Cannon Artillery howitzers (a) Limitations In carrying out the acquisition of Extended Range Cannon Artillery howitzers, the Secretary of the Army shall— (1) limit production of prototype Extended Range Cannon Artillery howitzers to not more than 18; (2) compare the cost and value to the United States Government of a Paladin Integrated Management-modification production approach with a new-build production approach; (3) include in any cost analysis or comparison— (A) the value of a Paladin howitzer that may be modified to produce an Extended Range Cannon Artillery howitzer; and (B) the production value of government-owned infrastructure that would be leveraged to facilitate the modification; (4) use a full and open competitive approach using best value criteria for post-prototype production source selection; and (5) base any production strategy and source selection decisions on a full understanding of the cost of production, including— (A) the comparison of production approaches described in paragraph (2); and (B) any cost analysis or comparison described in paragraph (3). (b) Certification Before issuing a request for proposal for the post-prototype production of an Extended Range Cannon Artillery howitzer, the Secretary of the Army shall— (1) certify to the congressional defense committees that the acquisition strategy upon which the request for proposal is based complies with the requirements of subsection (a); and (2) provide a briefing to the congressional defense committees on that acquisition strategy and the relevant cost and value comparison described in subsection (a)(2). C Navy programs 121. DDG(X) destroyer program (a) In general Notwithstanding subsection (e)(1) of section 3201 of title 10, United States Code, and in accordance with subsection (e)(3) of such section, the Secretary of the Navy, for the covered program, shall— (1) award prime contracts for concept design, preliminary design, and contract design to eligible shipbuilders; (2) award prime contracts for detailed design and construction only to eligible shipbuilders; and (3) allocate not less than one vessel and not more than two vessels in the covered program to each eligible shipbuilder before making a competitive contract award for the construction of vessels in the covered program. (b) Collaboration requirement The Secretary of the Navy shall maximize collaboration between the Federal Government and eligible shipbuilders throughout the design, development, and production of the covered program. (c) Competitive incentive requirement The Secretary of the Navy shall provide for competitive incentives throughout the design, development, and production of the covered program, including the following: (1) Design labor hours, provided neither eligible shipbuilder has fewer than 30 percent of aggregate design labor hours in any phase of vessel design. (2) Competitive solicitations for vessel procurement following the actions required by subsection (a)(3). (d) Technology maturation requirements The Secretary of the Navy shall incorporate into the acquisition strategy of the covered program the requirements of the following: (1) Section 131 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1237). (2) Section 221 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 1599). (e) Transition requirement The Secretary of the Navy shall ensure a transition from the Arleigh Burke-class destroyer program to the covered program that maintains predictable production workload at eligible shipbuilders. (f) Definitions In this section: (1) Covered program The term covered program means the DDG(X) destroyer program. (2) Eligible shipbuilder The term eligible shipbuilder means any of the following: (A) General Dynamics Bath Iron Works. (B) Huntington Ingalls Incorporated, Ingalls Shipbuilding division. (3) Predictable production workload The term predictable production workload means production workload that is not less than 70 percent of the average production workload of the Arleigh Burke-class destroyer program over the most recent five-fiscal year period throughout the transition from the Arleigh Burke-class destroyer program to the covered program. 122. Multiyear procurement authority for Arleigh Burke class destroyers (a) Authority for multiyear procurement Subject to section 3501 of title 10, United States Code, the Secretary of the Navy may enter into one or more multiyear contracts for the procurement of up to 15 Arleigh Burke class Flight III guided missile destroyers. (b) Authority for advance procurement The Secretary of the Navy may enter into one or more contracts, beginning in fiscal year 2023, for advance procurement associated with the destroyers for which authorization to enter into a multiyear procurement contract is provided under subsection (a), and for systems and subsystems associated with such destroyers in economic order quantities when cost savings are achievable. (c) Condition for out-year contract payments A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2023 is subject to the availability of appropriations or funds for that purpose for such later fiscal year. (d) Contract requirement (1) In general The Secretary of the Navy shall ensure that a contract entered into under subsection (a) includes a priced option to procure an additional such destroyer in each of fiscal years 2023 through 2027. (2) Option defined In this subsection, the term option has the meaning given that term in section 2.101 of the Federal Acquisition Regulation (or any successor regulation). 123. Block buy contracts for Ship-to-Shore Connector program (a) Block buy contract authority Beginning in fiscal year 2023, the Secretary of the Navy may enter into one or more block buy contracts for the procurement of up to 10 Ship-to-Shore Connector class craft and associated material. (b) Liability Any contract entered into under subsection (a) shall provide that— (1) any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose; and (2) the total liability of the Federal Government for termination of the contract shall be limited to the total amount of funding obligated to the contract at the time of termination. (c) Certification required A contract may not be entered into under subsection (a) unless the Secretary of the Navy certifies to the congressional defense committees, in writing, not later than 30 days before entry into the contract, each of the following, which shall be prepared by the milestone decision authority for such program: (1) The use of such a contract is consistent with the Chief of Naval Operations’ projected force structure requirements for such craft. (2) The use of such a contract will result in significant savings compared to the total anticipated costs of carrying out the program through annual contracts. In certifying cost savings under the preceding sentence, the Secretary shall include a written explanation of— (A) the estimated end cost and appropriated funds by fiscal year, by craft, without the authority provided in subsection (a); (B) the estimated end cost and appropriated funds by fiscal year, by craft, with the authority provided in subsection (a); (C) the estimated cost savings or increase by fiscal year, by craft, with the authority provided in subsection (a); (D) the discrete actions that will accomplish such cost savings or avoidance; and (E) the contractual actions that will ensure the estimated cost savings are realized. (3) There is a stable design for the property to be acquired and the technical risks associated with such property are not excessive. (4) The estimates of both the cost of the contract and the anticipated cost avoidance through the use of a contract authorized under subsection (a) are realistic, including a description of the basis for such estimates. (5) The use of such a contract will promote the national security of the United States. (d) Milestone decision authority defined In this section, the term milestone decision authority has the meaning given the term in section 4251(d) of title 10, United States Code. 124. Procurement authorities for John Lewis-class fleet replenishment oiler ships (a) Contract authority (1) Procurement authorized In fiscal year 2023 or 2024, the Secretary of the Navy may enter into one or more contracts for the procurement of not more than eight John Lewis-class fleet replenishment oiler ships. (2) Procurement in conjunction with existing contracts The ships authorized to be procured under paragraph (1) may be procured as additions to existing contracts covering such program. (b) Certification required A contract may not be entered into under subsection (a) unless the Secretary of the Navy certifies to the congressional defense committees, in writing, not later than 30 days before entry into the contract, each of the following, which shall be prepared by the milestone decision authority for such program: (1) The use of such a contract is consistent with the Department of the Navy’s projected force structure requirements for such ships. (2) The use of such a contract will result in significant savings compared to the total anticipated costs of carrying out the program through annual contracts. In certifying cost savings under the preceding sentence, the Secretary shall include a written explanation of— (A) the estimated end cost and appropriated funds by fiscal year, by hull, without the authority provided in subsection (a); (B) the estimated end cost and appropriated funds by fiscal year, by hull, with the authority provided in subsection (a); (C) the estimated cost savings or increase by fiscal year, by hull, with the authority provided in subsection (a); (D) the discrete actions that will accomplish such cost savings or avoidance; and (E) the contractual actions that will ensure the estimated cost savings are realized. (3) There is a reasonable expectation that throughout the contemplated contract period the Secretary of the Navy will request funding for the contract at the level required to avoid contract cancellation. (4) There is a stable design for the property to be acquired and the technical risks associated with such property are not excessive. (5) The estimates of both the cost of the contract and the anticipated cost avoidance through the use of a contract authorized under subsection (a) are realistic. (6) The use of such a contract will promote the national security of the United States. (7) During the fiscal year in which such contract is to be awarded, sufficient funds will be available to perform the contract in such fiscal year, and the future-years defense program (as defined under section 221 of title 10, United States Code) for such fiscal year will include the funding required to execute the program without cancellation. (c) Authority for advance procurement The Secretary of the Navy may enter into one or more contracts for advance procurement associated with a ship or ships for which authorization to enter into a contract is provided under subsection (a), and for systems and subsystems associated with such ships in economic order quantities when cost savings are achievable. (d) Condition for out-year contract payments A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year is subject to the availability of appropriations for that purpose for such fiscal year. (e) Milestone decision authority defined In this section, the term milestone decision authority has the meaning given the term in section 4251(d) of title 10, United States Code. 125. Tomahawk cruise missile capability on FFG–62 class vessels Before accepting delivery of any FFG–62 class vessel, the Secretary of the Navy shall require that the vessel be capable of carrying and employing Tomahawk cruise missiles. 126. Navy shipbuilding workforce development initiative (a) In general Chapter 863 of title 10, United States Code, is amended by adding at the end the following new section: 8696. Navy shipbuilding workforce development initiative. (a) Requirement (1) In general The Secretary of the Navy shall ensure that any award for a covered contract or contract modification includes a separate and distinct line item for workforce development. (2) Covered contracts and contract modifications For purposes of this subsection, a covered contract or contract modification is a construction contract or contract modification for the procurement of one or more naval vessels entered into using funds from the Shipbuilding and Conversion, Navy account with a prime contractor that will deliver such vessel or vessels to the Navy. (3) Amount of line item The amount of funding in a line item for workforce development required under subsection (a)(1) shall be not less than one-half of one percent and not more than one percent of the target price of the contract concerned. (b) Matching contribution requirement (1) In general Funds for a line item for workforce development required under subsection (a)(1) may be obligated only— (A) on or after the date on which the service acquisition executive of the Navy receives a written commitment from one or more entities described in paragraph (2) of a separate and distinct cumulative contribution for workforce development; and (B) in an amount that is— (i) equal to the amount of the contribution described in subparagraph (A), if the contribution is less than the amount of funding in the line item; or (ii) equal to the amount of funding in the line item, if the contribution is equal to or greater than the amount of such funding. (2) Entities described The entities described in this paragraph are the following: (A) The prime contractor receiving the award described in subsection (a)(1). (B) A qualified subcontractor. (C) A State government or other State entity. (D) A county government or other county entity. (E) A local government or other local entity. (c) Authorized activities (1) In general Funds for a line item for workforce development required under subsection (a)(1) may be used only to provide for the activities described in paragraph (2) in support of the production and production support workforce of the prime contractor concerned or a qualified subcontractor. (2) Activities described The activities described in this paragraph are the following: (A) The creation of short- and long-term workforce housing, transportation, and other support services to facilitate attraction, relocation, and retention of workers. (B) The expansion of local talent pipeline programs for both new and existing workers. (C) Investments in long-term outreach in middle and high school programs, specifically career and technical education programs, to promote and develop manufacturing skills. (D) Facilities developed or modified for the primary purpose of workforce development. (E) Direct costs attributable to workforce development. (F) Attraction and retention bonus programs. (G) On-the-job training to develop key manufacturing skills. (d) Approval requirement The service acquisition executive of the Navy shall— (1) provide the final approval of the use of funds for a line item for workforce development required under subsection (a)(1); and (2) not later than 30 days after the date on which such approval is provided, certify to the congressional defense committees compliance with the requirements of subsections (b) and (c), including— (A) a detailed explanation of such compliance; and (B) the associated benefits to— (i) the Federal Government; and (ii) the shipbuilding industrial base of the Navy. (e) Qualified subcontractor defined In this section, the term qualified subcontractor means a subcontractor to a prime contractor receiving an award described in subsection (a)(1) that will deliver the vessel or vessels covered by the award to the Navy. . (b) Clerical amendment The table of sections at the beginning of chapter 863 of such title is amended by adding at the end the following new item: 8696. Navy shipbuilding workforce development initiative. . (c) Applicability Section 8696 of title 10, United States Code, as added by subsection (a), shall apply with respect to contracts and contract modifications entered into on or after June 1, 2023. 127. Extension of prohibition on availability of funds for Navy port waterborne security barriers (a) In general Subsection (a) of section 130 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1665), as most recently amended by section 122 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 1570), is further amended by striking for fiscal years 2019, 2020, 2021, or 2022 and inserting for any of fiscal years 2019 through 2023 . (b) Technical amendment Subsection (b)(4) of such section is amended by striking section 2304 and inserting sections 3201 through 3205 . 128. Limitation on retirement of E–6B aircraft The Secretary of the Navy may take no action that would prevent the Navy from maintaining the fleet of E–6B aircraft in the configuration and capability in effect as of the date of the enactment of this Act until the date on which the Chair of the Joint Requirements Oversight Council certifies in writing to the congressional defense committees that the replacement capability for the E–6B aircraft will— (1) be fielded at the same time or before the retirement of the E–6B aircraft; and (2) result in equal or greater capability available to the commanders of the combatant commands. 129. EA–18G aircraft (a) Prohibition None of the funds authorized to be appropriated by this Act for fiscal year 2023 for the Navy may be obligated to retire, prepare to retire, or place in storage or in backup aircraft inventory any EA–18G aircraft. (b) Transfer of aircraft The Secretary of the Navy shall transfer the EA–18G aircraft associated with the expeditionary land-based electronic attack squadrons to the Navy Reserve. (c) Establishment of squadrons The Secretary of the Air Force shall designate one or more units from the Air National Guard or the Air Force Reserve to join with the Navy Reserve to establish one or more joint service expeditionary, land-based electronic attack squadrons to match the capability of such squadrons assigned to Naval Air Station Whidbey Island, Washington, as of the date of the enactment of this Act. (d) Report on implementation plan Not later than 120 days after the date of the enactment of this Act, the Secretary of the Navy and the Secretary of the Air Force shall jointly submit to the congressional defense committees a report on the plan of the Secretaries to implement this section. 130. Block buy contracts for CH–53K heavy lift helicopter program (a) Block buy contract authority During fiscal years 2023 and 2024, the Secretary of the Navy may enter into one or more block buy contracts for the procurement of airframes and engines in support of the CH–53K heavy lift helicopter program (in this section referred to as the program ). (b) Liability Any contract entered into under subsection (a) shall provide that— (1) any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose; and (2) the total liability of the Federal Government for termination of the contract shall be limited to the total amount of funding obligated to the contract at the time of termination. (c) Certification required A contract may not be entered into under subsection (a) unless the Secretary of Defense certifies to the congressional defense committees, in writing, not later than 30 days before entry into the contract, each of the following, which shall be prepared by the milestone decision authority (as defined in section 4251(d) of title 10, United States Code) for the program: (1) The use of such a contract will result in significant savings compared to the total anticipated costs of carrying out the program through annual contracts. In certifying cost savings under the preceding sentence, the Secretary shall include a written explanation of— (A) the estimated obligations and expenditures by fiscal year for the program without the authority provided in subsection (a); (B) the estimated obligations and expenditures by fiscal year for the program with the authority provided in subsection (a); (C) the estimated cost savings or increase by fiscal year for the program with the authority provided in subsection (a); (D) the discrete actions that will accomplish such cost savings or avoidance; and (E) the contractual actions that will ensure the estimated cost savings are realized. (2) There is a reasonable expectation that throughout the contemplated contract period the Secretary of Defense will request funding for the contract at the level required to avoid contract cancellation. (3) There is a stable design for the property to be acquired and the technical risks associated with such property are not excessive. (4) The estimates of both the cost of the contract and the anticipated cost avoidance through the use of a contract authorized under subsection (a) are realistic. (5) The use of such a contract will promote the national security of the United States. (6) During the fiscal year in which such contract is to be awarded, sufficient funds will be available to perform the contract in such fiscal year, and the future-years defense program submitted to Congress under section 221 of title 10, United States Code, for such fiscal year will include the funding required to execute the program without cancellation. (7) The contract will be a fixed price type contract. D Air Force programs 141. Prohibition on certain reductions to inventory of E–3 airborne warning and control system aircraft (a) Prohibition Except as provided in subsections (b) and (c), none of the funds authorized to be appropriated by this Act for fiscal year 2023 for the Air Force may be obligated to retire, prepare to retire, or place in storage or in backup aircraft inventory any E–3 aircraft if such actions would reduce the total aircraft inventory for such aircraft below 26. (b) Exception for acquisition strategy If the Secretary of the Air Force submits to the congressional defense committees an acquisition strategy for the E–7 Wedgetail approved by the Service Acquisition Executive of the Air Force, the prohibition under subsection (a) shall not apply to actions taken to reduce the total aircraft inventory for E–3 aircraft to 21 after the date on which the strategy is so submitted. (c) Exception for contract award If the Secretary of the Air Force awards a contract for the E–7 Wedgetail aircraft, the prohibition under subsection (a) shall not apply to actions taken to reduce the total aircraft inventory for E–3 aircraft to 16 after the date on which such contact is so awarded. 142. Modification of inventory requirements for air refueling tanker aircraft (a) Modification of general requirement Section 135(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 3431) is amended by striking 412 and inserting 400 . (b) Modification of limitation on retirement of KC–135 aircraft Section 137(b)(1) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 1576) is amended by striking 18 and inserting 31 . 143. Prohibition on reductions to inventory of F–22 Block 20 aircraft (a) Prohibition Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act for fiscal year 2023 for the Air Force may be obligated to retire, prepare to retire, or place in storage or in backup aircraft inventory any F–22 Block 20 aircraft. (b) Expiration of prohibition The prohibition under subsection (a) shall cease to have effect on the date on which the Secretary of the Air Force submits to the congressional defense committees— (1) a detailed plan approved by the Secretary to conduct formal training for F–22 aircrews to ensure that the combat capability at operational units would not be degraded if the Air Force were to retire all F–22 Block 20 aircraft; and (2) a report on how the Secretary intends to avoid— (A) diminishing the combat effectiveness of remaining F–22 aircraft; (B) exacerbating F–22 aircraft availability concerns; and (C) complicating F–22 aircraft squadron maintenance issues. E Defense-wide, joint, and multiservice matters 151. Parts for commercial derivative aircraft and engines and aircraft based on commercial design (a) In general The Secretary of the Air Force and the Secretary of the Navy shall— (1) include covered parts in supply chain solutions to provide for replacement or increased inventories for— (A) all commercial derivative aircraft and engines of the Department of Defense; and (B) all aircraft of the Department that are based on commercial design; (2) conduct the acquisition of all follow-on covered parts on a competitive basis, based on price and quality; and (3) procure covered parts only from suppliers that provide covered parts that possess a FAA Authorized Release Certificate, FAA Form 8130–3 Airworthy Approval Tag, from a repair station certified pursuant to part 145 of title 14, Code of Federal Regulations (or successor regulation). (b) Covered parts defined In this section, the term covered parts — (1) means used, overhauled, reconditioned, or re-manufactured common or dual use parts certified as airworthy by the Federal Aviation Administration; and (2) does not include life limited parts. 152. Assessment and strategy for fielding counter unmanned aerial systems swarm capabilities (a) Assessment, analysis, and review The Secretary of Defense shall conduct— (1) an assessment of the threats posed by unmanned aerial system (UAS) swarms or unmanned aerial systems with indicative swarm capabilities to installations and deployed armed forces; (2) an analysis of the use or potential use of unmanned aerial system swarms by adversaries, including China, Russia, Iran, North Korea, and non-state actors; (3) an analysis of the implication of swarming technologies such as autonomous intelligence and machine learning; (4) a review of current fielded systems and whether they effectively counter a wide range of potential unmanned aerial system swarm threats; and (5) an overview of development efforts and field tests of technologies that offer scalable, modular, and rapidly deployable systems that could counter unmanned aerial system swarms. (b) Strategy development and implementation required (1) In general The Secretary shall develop and implement a strategy to field systems to counter threats posed by unmanned aerial system swarms. (2) Elements The strategy required by paragraph (1) shall include the following: (A) The development of a comprehensive definition of unmanned aerial system swarm . (B) A plan to establish and incorporate requirements for development, testing, and fielding of counter unmanned aerial system swarm capabilities. (C) A plan to acquire and field adequate organic capabilities to counter unmanned aerial system swarms in defense of United States armed forces, assets, and infrastructure across land, air, and maritime domains. (D) An estimate of resources needed by the Army, the Navy, and the Air Force to implement the plan required by paragraph (3). (E) An analysis, determination, and prioritization of legislative action required to ensure the Department has the ability to counter the threats described in subsection (a)(1). (F) Such other matters as the Secretary considers pertinent. (3) Incorporation into existing strategy The Secretary may incorporate the strategy required by paragraph (1) into a strategy that was in effect on the day before the date of the enactment of this Act. (c) Information to Congress Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on— (1) the findings of the Secretary under subsection (a); and (2) the strategy developed and implemented by the Secretary under subsection (b). 153. Treatment of nuclear modernization and hypersonic missile programs within Defense Priorities and Allocations System (a) Sense of Senate It is the sense of the Senate that— (1) the United States is entering into an unprecedented period of strategic competition with two potential adversaries, each of which now possesses, or will acquire, nuclear and missile forces equal to or greater than such forces possessed by the United States; (2) ensuring the continued deterrence of the growing threat of the nuclear capabilities of such adversaries requires— (A) safe, secure, effective, and credible nuclear forces, with a range of flexible employment options, available to the President; and (B) robust missile forces capable of overcoming current and future missile defenses; (3) such forces can only be achieved through the rapid and complete modernization of legacy nuclear capabilities of the United States and the timely development of a range of ballistic, cruise, and hypersonic boost-glide missiles; (4) ongoing Department of Defense and National Nuclear Security Administration programs and projects to achieve the modernization of United States nuclear forces enjoy virtually no scheduled margin for delivery prior to the expected retirement or decommissioning of legacy systems and facilities, even as the People's Republic of China, the Russian Federation, and North Korea work to rapidly modernize and expand their nuclear arsenals; (5) the People's Republic of China, the Russian Federation, and North Korea are— (A) engaged in a variety of missile programs intended to defeat the missile defense capabilities of the United States and its allies; and (B) expected to field such capabilities in greater volumes than the United States; (6) imbalances in such capabilities are inherently destabilizing and represent profound risks to the security of the United States and its allies and to global stability at large; (7) the Secretary of Defense and the Secretary of Energy should leverage all available tools to reduce the risk of schedule delays in nuclear modernization and hypersonic missile programs and projects, including by— (A) universally applying the authorities provided by the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. ) to each such program or project; and (B) assigning a DX priority rating under part 700 of title 15, Code of Federal Regulations, to each such program or project; (8) the assignment of DX priority ratings would help minimize the risk that such programs and projects are unnecessarily delayed due to misallocations of industrial materials, services, or facilities; and (9) the Secretary of Defense and the Secretary of Energy should promptly inform Congress of any additional opportunities to further reduce risks relating to such programs and projects or the schedules for such programs and projects that could be achieved through the adjustment of existing authorities. (b) Report and certification (1) In general Not later than January 1, 2023, the Secretary of Defense and the Secretary of Energy shall jointly submit to the congressional defense committees a report including— (A) with respect to each nuclear weapons delivery system, missile warning system, hypersonic boost-glide missile system program, or weapon program or nuclear security enterprise infrastructure project of the National Nuclear Security Administration, a determination of whether such program or project should be assigned a DX priority rating under part 700 of title 15, Code of Federal Regulations; (B) for any such program or project that the respective Secretary determines under subparagraph (A) should be assigned a DX priority rating, a confirmation that such program or project has been assigned a DX rating; and (C) for any such program or project that has not been assigned a DX priority rating as of January 1, 2023— (i) an explanation for any delay in assigning such a rating; and (ii) a timeline for the assignment of such a rating. (2) Annual certification For any nuclear weapons delivery system, missile warning system, hypersonic boost-glide missile system program, or weapon program or nuclear security enterprise infrastructure project of the National Nuclear Security Administration that the respective Secretary determines under paragraph (1)(A) should not be assigned a DX priority rating , the Secretary shall, until such program reaches full operational capability, annually submit to the congressional defense committees a certification that the lack of assignment of such rating will not negatively affect the delivery of operational capabilities by such program or project. (3) Nondelegation The Secretary may not delegate a determination under paragraph (1)(A) to any other official. 154. Government Accountability Office assessment of efforts to modernize propulsion systems of the F–35 aircraft (a) In general Not later than February 28, 2023, the Comptroller General of the United States shall conduct an assessment of efforts to modernize propulsion systems of the F–35 aircraft. (b) Elements The findings of the assessment required by subsection (a) shall set forth the following: (1) The results of a comparative analysis and independent cost assessment, conducted by the Comptroller General, of options to modernize propulsion systems of the F–35 aircraft, including— (A) modernizing the existing F135 engine; and (B) the development and insertion of the Adaptive Engine Transition Program engine. (2) The costs of the alternatives associated with development, production, retrofit, integration, and installation, including air vehicle modifications, and sustainment infrastructure requirements of the Adaptive Engine Transition Program engine for the F–35A aircraft. (3) An assessment of progress made by prototype aircraft in the Adaptive Engine Transition Program effort. (4) The timeline associated with modernizing the F135 engine to meet Block 4 upgrade requirements for the F–35A aircraft. (5) The costs associated with modernizing the F135 engine to meet Block 4 upgrade requirements. (6) An assessment of the potential impact of the modernization alternatives described in this subsection on life cycle sustainment and sparing contracts, including the impact on international partners. II Research, development, test, and evaluation A Authorization of appropriations 201. Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2023 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section 4201. B Program requirements, restrictions, and limitations 211. Disclosure requirements for recipients of research and development funds (a) In general Chapter 301 of title 10, United States Code, is amended by inserting after section 4026 the following new section: 4027. Disclosure requirements for recipients of research and development funds (a) In general Except as provided in subsections (b) and (c), an individual or entity (including a State or local government) that uses funds received from the Department of Defense to carry out research or development activities shall include, in any public document pertaining to such activities, a clear statement indicating the dollar amount of the funds received from the Department for such activities. (b) Exception The disclosure requirement under subsection (a) shall not apply to a public document consisting of fewer than 280 characters. (c) Waiver The Secretary of Defense may waive the disclosure requirement under subsection (a) on a case-by-case basis. (d) Public document defined In this section, the term public document means any document or other written statement made available for public reference or use, regardless of whether such document or statement is made available in hard copy or electronic format. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 4026 the following new item: 4027. Disclosure requirements for recipients of research and development funds. . 212. Modification of cooperative research and development project authority (a) In general Section 2350a of title 10, United States Code, is amended— (1) in subsection (a)(2), by adding at the end the following: (F) The European Union, including the European Defence Agency, the European Commission, and the Council of the European Union, and their suborganizations. ; and (2) in subsection (i), by amending paragraph (1) to read as follows: (1) The term cooperative research and development project means a project— (A) involving joint participation by— (i) the United States and— (ii) (I) one or more countries and organizations referred to in subsection (a)(2) under a memorandum of understanding (or other formal agreement); or (II) one or more parties in the national technology and industrial base (as defined in section 4801 of this title) under a memorandum of understanding (or other formal agreement); and (B) to carry out a joint research and development program— (i) to develop new conventional defense equipment and munitions; or (ii) to modify existing military equipment to meet United States military requirements. . (b) Conforming regulations Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulations to conform with section 2350a of title 10, United States Code, as amended by subsection (a). 213. Administration of the Advanced Sensor Applications Program (a) Resource sponsor (1) In general The Commander of Naval Air Systems Command (NAVAIR) shall, in conjunction with the Director of Air Warfare (OPNAV N98), serve as the resource sponsor for the Advanced Sensor Applications Program (known as ASAP and in this section referred to as the Program ). (2) Responsibilities The resource sponsor of the Program shall be responsible for the following: (A) Developing budget requests relating to the Program. (B) Establishing priorities for the Program. (C) Approving the execution of funding and projects for the Program. (D) Coordination and joint planning with external stakeholders in matters relating to the Program. (b) Limitations No other entity in the Department of the Navy may— (1) serve as a resource sponsor for the Program; (2) provide direction and management for the Program; (3) set priorities for the Program; (4) regulate or limit the information available or accessible to the Program; (5) edit reports or findings generated under the Program; or (6) coordinate and manage interactions of the Program with external stakeholders. (c) Authority for Program manager The program manager for the Program may access, consider, act on, and apply information, at all levels of classification and from all sources and organizations, that is pertinent to the projects and activities that the Program is executing, or considering proposing for the future. (d) Quarterly briefings Not less frequently than once every three months, the program manager for the Program shall provide the congressional defense committees and congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) a briefing on all aspects of the Program, including on the implementation of this section, other congressional direction, and direction and oversight from the Commander of Naval Air Systems Command and other higher headquarters. (e) Strategic relationship The program manager for the Program shall evaluate the feasibility and advisability of establishing a strategic relationship with the Naval Research Laboratory for scientific and technical assistance and support for the Program. (f) Use of assets The Commander shall take all actions the Commander considers reasonable— (1) to enable the Program to utilize assets controlled within the Naval Air Systems Command enterprise, including sensor systems and platforms; and (2) to pursue the use of other assets that may further the mission of the Program. 214. Modification of authority of the Department of Defense to carry out certain prototype projects Section 4022 of title 10, United States Code, is amended— (1) in subsection (a)(2)— (A) by striking , and any follow-on production contract or transaction that is awarded pursuant to subsection (f), both places it appears; (B) in subparagraph (A)(ii), by striking ; and and inserting a semicolon; (C) in subparagraph (B)(ii), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following new subparagraph: (C) may be exercised for a transaction for a follow-on production contract or transaction that is awarded pursuant to subsection (f) and expected to cost the Department of Defense in excess of $100,000,000 (including all options) only if a covered official— (i) determines in writing that— (I) the requirements of subsection (d) will be met; and (II) the use of the authority of this section is essential to meet critical national security objectives; and (ii) notifies the congressional defense committees in writing of the findings required under clause (i) at the time such authority is exercised. ; and (2) in subsection (e)— (A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (4), respectively; (B) by inserting before paragraph (2), as redesignated by subparagraph (A), the following new paragraph: (1) The term covered official means— (A) a service acquisition executive; (B) the Director of the Defense Advanced Research Projects Agency; (C) the Director of the Missile Defense Agency; (D) the Undersecretary of Defense for Acquisition and Sustainment; or (E) the Undersecretary of Defense for Research and Engineering. ; and (C) by inserting after paragraph (2), as so redesignated, the following new paragraph: (3) The term service acquisition executive has the meaning given the term in section 101 of this title. . 215. Competitively awarded demonstrations and tests of electromagnetic warfare technology (a) Demonstrations and tests required Not later than 270 days after the date of the enactment of this Act, the Director of the Air Force Rapid Capabilities Office (RCO) shall conduct competitively awarded demonstrations and tests of commercial electronics technology to determine whether technology currently exists that could enable the following electromagnetic warfare capabilities: (1) The operation of multiple emitters and receivers in the same frequency at the same time and in the same location without mutual interference and without using adaptive beam forming or nulling. (2) Protecting the reception of Global Positioning System and other vulnerable low-power signals from multiple high-power jammers at a level that is significantly better than the protection afforded by Controlled Reception Pattern Antennas. (3) Simultaneous transmission from and reception of separate signals on the same platform wherein the signals lie in the same frequency and are transmitted and received at the same time without interference. (4) Capabilities similar to paragraphs (1) through (3) in a live, virtual constructive simulation environment. (5) Other capabilities that might satisfy or support needs set forth in the Electromagnetic Spectrum Superiority Strategy Implementation Plan. (b) Oversight of tests The Director of Operational Test and Evaluation shall— (1) provide oversight of the demonstrations and tests required by subsection (a); (2) review other applicable government or commercial demonstrations and tests; and (3) not later than 30 days after the completion of the demonstrations and tests under subsection (a), independently advise the Chief Information Officer (CIO) of the Department of Defense, the Under Secretary of Defense for Research and Engineering (USD R&E), and the Under Secretary of Defense for Acquisition and Sustainment (USD A&S) of the outcomes of the demonstrations and tests. (c) Outcome-based actions required If the Director of Operational Test and Evaluation and the Director of the Air Force Rapid Capabilities Office affirm that the demonstrations and tests under subsection (a) confirm that current technology could enable the capabilities described in paragraphs (1) through (3) of such subsection— (1) not later than 45 days after the conclusion of the tests under subsection (a), the Director of the Air Force Rapid Capabilities Office and the Director of Operational Test and Evaluation shall brief the congressional defense committees on the outcomes of the tests; (2) the Director of the Air Force Rapid Capabilities Office may commit additional funds to begin engineering form, fit, and function development and integration for specific Department of Defense platforms and applications; and (3) not later than 90 days after the conclusion of the tests under subsection (a), the Director of the Air Force Rapid Capabilities Office, the Chief Information Officer, the Under Secretary of Defense for Research and Engineering, and the Under Secretary of Defense for Acquisition and Sustainment shall brief the congressional defense committees on a plan to further develop and deploy the demonstrated and tested technologies to support the Electromagnetic Spectrum Superiority Strategy Implementation Plan. 216. Government-Industry Working Group on Microelectronics (a) Establishment (1) In general The Secretary of Defense shall establish a working group for industry, academia, and Department of Defense components to coordinate on microelectronics issues of mutual interest as specified in subsection (b). (2) Composition The working group established under paragraph (1) shall be composed of representatives of industry, academia, and Department of Defense components. (3) Designation The working group established under paragraph (1) shall be referred to as the Government-Industry Working Group on Microelectronics (in this section referred to as the Working Group ). (b) Scope The Secretary shall ensure that the Working Group supports dialogue and coordination on the following topic areas relating to microelectronics: (1) Future research needs. (2) Infrastructure needs and shortfalls. (3) Technical and process standards. (4) Training and certification needs for the workforce. (5) Supply chain issues. (6) Supply chain, manufacturing, and packaging security. (c) Administrative support framework (1) Charter and policies Not later than March 1, 2023, the Secretary of Defense shall develop a charter and issue policies for the functioning of the Working Group. (2) Support The joint federation of capabilities established under section 937 of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 10 U.S.C. 2224 note) shall provide administrative support to the Working Group. (d) Rule of construction Nothing in this section shall be construed to give a competitive advantage to any participant in the Working Group. (e) Sunset The provisions of this section shall terminate on December 31, 2030. 217. Inclusion of Office of Under Secretary of Defense for Research and Engineering in personnel management authority to attract experts in science and engineering Section 4092 of title 10, United States Code, is amended— (1) in subsection (a), by adding at the end the following new paragraph: (10) Office of the Under Secretary of Defense for Research and Engineering The Undersecretary of Defense for Research and Engineering may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering for the Office. ; and (2) in subsection (b)(1)— (A) in subparagraph (H), by striking ; and and inserting a semicolon; (B) in subparagraph (I), by striking the semicolon and inserting ; and ; and (C) by adding at the end the following new subparagraph: (J) in the case of the Office of the Under Secretary of Defense for Research and Engineering, appoint scientists and engineers to a total of not more than 10 scientific and engineering positions in the Office; . 218. Investment plan for foundational capabilities needed to develop novel processing approaches for future defense applications (a) Investment plans required Not later than November 1, 2023, and not less frequently than once every three years thereafter until December 31, 2035, the Secretary of Defense shall submit to the congressional defense committees an investment plan for foundational capabilities needed to develop novel processing approaches for future defense applications. (b) Purpose The purpose of the investment plan required by subsection (a) is to establish an integrated approach to the identification, prioritization, development, and leveraging of Department of Defense investments from the research, development, test, and evaluation accounts of the Department. (c) Elements The investment plan required by subsection (a) shall— (1) identify current and projected investments in research and technology development to support fielding and use of novel processing approaches; (2) identify current and projected investments supporting the acceleration of novel processing approaches, including investments in— (A) personnel and workforce capabilities; (B) facilities and infrastructure to host systems utilizing novel processing approaches; (C) algorithm developments necessary to expand the functionality from each novel processing approach; (D) other Federal agencies and federally sponsored laboratories; and (E) appropriate international and commercial sector organizations and activities; (3) describe mechanisms to coordinate and leverage investments within the Department and with non-Federal partners; (4) describe the technical goals to be achieved and capabilities to be developed under the strategy; and (5) include recommendations for such legislative or administration action as may support the effective execution of the investment plan. (d) Form Each plan submitted under subsection (a) shall be submitted in such form as the Secretary considers appropriate, which may include classified, unclassified, and publicly releasable formats. (e) Novel processing approaches defined In this section, the term novel processing approaches means— (1) new, emerging techniques in computation, such as biocomputing, exascale computing, utility scale quantum computing; and (2) associated algorithm and hardware development needed to instantiate such techniques. 219. Open radio access network 5G acquisition acceleration and transition plans (a) Three-year transition plan required (1) In general Not later than 120 days after the date of the enactment of this Act, the Assistant Secretary of the Army for Acquisition, Logistics, and Technology, the Assistant Secretary of the Navy for Research, Development, and Acquisition, and the Assistant Secretary of the Air Force for Acquisition and Research, in coordination with and under the oversight of the Chief Information Officer, the Under Secretary of Defense for Research and Engineering, and the Under Secretary of Defense for Acquisition and Sustainment, shall each develop and submit to the congressional defense committees an unclassified three-year transition plan for fifth generation information and communications technology (5G) infrastructure for their respective military department. (2) Elements The transition plans identified under paragraph (1) shall include— (A) an operational needs assessment that identifies the highest priority areas where fifth generation information and communications technologies should be deployed; (B) an investment plan that includes funding estimates, by fiscal year and appropriation account, to accelerate the maturation, acquisition, and deployment of fifth generation information and communications capabilities that use the open radio access network approach on Department of Defense facilities and systems; (C) metrics and reporting mechanisms to drive progress towards the three-year transition goal; (D) identification and designation of a single point of contact at each installation, and within each of the services to facilitate the deployment of fifth generation information and communications technologies; (E) planned efforts to streamline the real estate, contracting, and communications policies and processes to field wireless infrastructure that has resulted in a lengthy approval processes for industry to provide on-air wireless coverage on an installation; (F) identification of other areas of concern that require investment to support the transition to fifth generation information and communications technology that uses the open radio access network approach; and (G) such other matters as the Secretary of Defense considers appropriate. (b) Cross-functional team assessment (1) Assessment and briefing required Not later than 150 days after the date of the enactment of this Act and after all of the plans required by subsection (a)(1) have been submitted in accordance with such subsection, the cross-functional team established pursuant to section 224(c)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 4571 note) shall assess such plans and provide the congressional defense committees with a briefing on the findings of the cross functional team with respect to such assessment. (2) Elements The briefing provided under paragraph (1) shall include the following: (A) Recommendations to further accelerate the deployment of fifth-generation information and communications technologies that use the open radio access network approach across the Department of Defense. (B) Recommendations to standardize and streamline the real estate, contracting, and communications policies and processes to field wireless infrastructure on an installation. (C) An engagement plan for Department participants in international wireless standards setting bodies. (D) Such other matters as the cross functional team described in paragraph (1) considers appropriate. (c) Open radio access network approach defined In this section the term open radio access network approach means an approach to networking that uses a disaggregated or virtualized radio access network and core in which components can be provided by different vendors and interoperate through open protocols and interfaces, including those protocols and interfaces utilizing the Open Radio Access Network (commonly known as Open RAN ’) approach. 220. Pilot program to facilitate the development of electric vehicle battery technologies for warfighters (a) Establishment (1) In general The Secretary of Defense may establish and carry out a pilot program to assess the feasibility and advisability of providing support to domestic battery producers, particularly those producing lithium-ion cells and battery packs— (A) to facilitate the research and development of safe and secure battery technologies for existing as well as new or novel battery chemistry configurations; (B) to assess existing commercial battery offerings within the marketplace for viability and utility for warfighter applications; and (C) to transition such technologies, including technologies developed from pilot programs, prototype projects, or other research and development programs, from the prototyping phase to production. (2) Designation The pilot program established under paragraph (1) shall be known as the Warfighter Electric Battery Transition Project (referred to in this section as the Project ). (b) Grants, contracts, and other agreements The Secretary may carry out the Project through the award of support, as described in subsection (a)(1), in the form of grants to, or contracts or other agreements with, battery producers, particularly those producing lithium-ion cells and battery packs. (c) Use of grant and contract amounts A recipient of a grant, contract, or other agreement under the Project may use the amount of the grant, contract, or other agreement to carry out the following: (1) Conducting research and development to validate new or novel battery chemistry configurations, including through experimentation, prototyping, testing, integration or manufacturing feasibility assessment. (2) Providing commercially available technologies to each Secretary of a military department and the commanders of combatant commands to support utility assessments or other testing by warfighters. (3) Building and strengthening relationships of the Department of Defense with nontraditional defense contractors in the technology industry that may have unused or underused solutions to the specific operational challenges of the Department. (d) Priority of awards In awarding grants, contracts, or other agreements under the Project, the Secretary shall give preference to technology producers that— (1) manufacture battery cells, packs, and modules in the United States; (2) manufacture battery cells, packs, and modules in the national technology industrial base (NTIB); (3) provide modularity to support diverse applications; (4) facilitate safety in tactical and combat applications by using chemistries that reduce thermal runaway and minimize oxygen liberation; (5) facilitate optimal use in light- medium- and heavy-duty applications by providing a minimum of 400 Wh/L of volumetric energy density; (6) demonstrate new or novel battery chemistry configurations, safety characteristics, or form-factor configurations; (7) facilitate the domestic supply chain for raw materials; and (8) offer commercial products or commercial services and maintains customers with verified purchase orders. (e) Reporting and data collection (1) Plan required before implementation The Secretary may not commence the Project until the Secretary has completed a plan for the implementation of the Project, including— (A) collecting, analyzing, and retaining Project data; (B) developing and sharing best practices for achieving the objectives of the Project; (C) identification of any policy or regulatory impediments inhibiting the execution of the program; and (D) sharing results from the program across the Department, and with elements of the Federal Government, including the legislative branch of the Federal Government. (f) Administration The Under Secretary of Defense for Research and Engineering shall administer the Project. (g) Termination The Project shall terminate on December 31, 2028. C Plans, reports, and other matters 231. Report on recommendations from Army Futures Command Research Program Realignment Study (a) Report required Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the congressional defense committees a report on the recommendations made by the National Academies in the Army Futures Command Research Program Realignment Study. (b) Contents The report submitted under subsection (a) shall include the following: (1) A description of each recommendation described in such subsection that has already been implemented. (2) A description of each recommendation described in such subsection that the Secretary has commenced implementing, including a justification for determining to commence implementing the recommendation. (3) A description of each recommendation described in such subsection that the Secretary has not implemented or commenced implementing and a determination as to whether or not to implement the recommendation. (4) For each recommendation under paragraph (3) the Secretary determines to implement, the following: (A) A timeline for implementation. (B) A description of any additional resources or authorities required for implementation. (C) The plan for implementation. (5) For each recommendation under paragraph (3) the Secretary determines not to implement, a justification for the determination not to implement. (c) Format The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 232. Strategy and plan for strengthening and fostering defense innovation ecosystem (a) Strategy and implementation plan required Not later than March 1, 2023, the Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall develop a strategy and an implementation plan for the defense innovation ecosystem. (b) Purposes (1) Strategy The purpose of the strategy required by subsection (a) is to provide a framework for identifying, assessing, and tracking innovation ecosystems that are beneficial to advancing the defense, national security, and warfighting missions of the Department of Defense. (2) Implementation plan The purpose of the implementation plan required by subsection (a) is to provide— (A) concrete steps and measures of effectiveness to gauge the effect of the innovation ecosystems described in paragraph (1) on the Department; and (B) a means for assessing the effectiveness of approaches taken by the Department to grow, foster, and sustain such innovation ecosystems. (c) Elements The strategy and the implementation plan required by subsection (a) shall include the following elements: (1) A process for defining, assessing, and selecting innovation ecosystems with potential to provide benefit to the Department. (2) Metrics for measuring the performance and health of innovation ecosystems being supported by the Department, including identification of criteria to determine when to establish or cease supporting identified ecosystems. (3) Identification of Department of Defense research, development, test, and evaluation assets and authorities that can be engaged in identifying, establishing, sustaining, and expanding innovation ecosystems. (4) For each innovation ecosystem designated or established by the Department— (A) a listing of such innovation ecosystems with a description of core competencies or focus areas; (B) identification of Department research, development, test, and evaluation organizations engaged with such innovation ecosystems; (C) identification of the private sector assets and authorities that are being used to support, sustain, and expand the identified innovation ecosystem; and (D) a description of challenges and successes associated with each innovation ecosystem. (5) Such other elements as the Secretary considers appropriate. (d) Interim briefing Not later than December 1, 2022, the Secretary shall provide the congressional defense committees a briefing on the strategy and implementation plan developed under subsection (a). (e) Submittal of strategy and plan Not later than March 1, 2023, the Secretary shall submit to the congressional defense committees the strategy and implementation plan developed under subsection (a). (f) Quadrennial updates Not later than March 1, 2027, and not less frequently than once ever four years thereafter until December 31, 2039, the Secretary shall— (1) update the strategy and plan developed under subsection (a); and (2) submit the updated strategy and plan to the congressional defense committees. (g) Authorities The strategy and implementation plan developed under subsection (a) may incorporate the use of the following authorities or programs: (1) Section 1746a of title 10, United States Code, relating to acquisition workforce educational partnerships. (2) Section 2194 of such title, relating to education partnerships. (3) Section 2474 of such title, relating to centers of industrial and technical excellence. (4) Section 4001 of such title, relating to research and development projects. (5) Section 4010 of such title, relating to the Defense established program to stimulate competitive research. (6) Sections 4021 and 4022 of such title, relating to transactions other than contracts and grants and authority of the Department of Defense to carry out certain prototype projects, respectively. (7) Section 4023 of such title, relating to procurement for experimental purposes. (8) Section 4025 of such title, relating to prizes for advanced technology achievements. (9) Section 4123 of such title, relating to mechanisms to provide funds for defense laboratories for research and development of technologies for military missions. (10) Section 4144 of such title, relating to research and educational programs at historically black colleges and universities and minority serving institutions. (11) Section 4832 of such title, relating to the encouragement of technology transfer at the Department of Defense. (12) Section 252 of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ), relating to regional advanced technology clusters. (13) Section 801(e) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law113–66; 10 U.S.C. 4832 note), relating to enhanced transfer of technology development at Department of Defense laboratories. (14) Section 879 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ), relating to defense pilot program for authority to acquire innovative commercial products, technologies, and services using general solicitation competitive procedures. (15) Section 217 of the National Defense Authorization Act for Fiscal Year 2018 (Public 115–91; 10 U.S.C. 4001 note), relating to mechanisms for expedited access to technical talent and expertise at academic institutions to support Department of Defense missions. (16) Section 833 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 4001 note), relating to a pilot program on acquisition practices for emerging technologies. (17) Other such authorities as the Secretary deems appropriate. (h) Definitions In this section: (1) The term Department of Defense research, development, test, and evaluation assets includes the following: (A) The Department of Defense science and technology reinvention laboratories designated under section 4121 of title 10, United States Code. (B) The Major Range and Test Facility Base (as defined in section 4173(i) of such title). (C) Department of Defense sponsored manufacturing innovation institutes. (D) The organic industrial base. (E) Department of Defense agencies and field activities that execute research, development, test, and evaluation funded activities. (2) The term innovation ecosystem refers to a regionally based network of private sector, academic, and government institutions in a network of formal and informal institutional relationships that contribute to technological and economic development in a defined technology sector or sectors. 233. Modification of Director for Operational Test and Evaluation annual report Section 139(h)(3) of title 10, United States Code, is amended by inserting or controlled unclassified after classified . 234. Extension of requirement for quarterly briefings on development and implementation of strategy for fifth generation information and communications technologies Section 254(d)(1) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 4571 note) is amended, in the matter before subparagraph (A), by striking March 15, 2022 and inserting December 1, 2026 . 235. Report on estimated costs of conducting a minimum frequency of hypersonic weapons testing Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on estimated costs for conducting not fewer than one full-scale, operationally relevant, live-fire, hypersonic weapon test of the systems currently under development each year by each of the Air Force, the Army, and the Navy, once such systems reach initial operational capability. 236. Annual report on studies and reports being undertaken by the Department of Defense Section 4126 of title 10, United States Code, is amended by adding at the end the following new subsection: (e) Annual report (1) Each year, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives an annual report on all studies and reports being undertaken for the Department of Defense as of the date of the report by federally funded research and development centers. (2) Each report submitted under paragraph (1) shall set forth, for the period covered by the report, the following: (A) A list of each study and report described by paragraph (1). (B) For each study or report listed under subparagraph (A) the following: (i) The title of the study or report. (ii) The federally funded research and development center undertaking the study or report. (iii) The amount of the contract or other agreement pursuant to which the study or report is being produced or conducted. (iv) The anticipated completion date of the study or report. (3) The report required by paragraph (1) shall not apply to the following: (A) Classified reports or studies. (B) Technical reports associated with scientific research or technical development activities. (C) Reports or studies that are deliverables under contract for non-Defense Department entities. (D) Reports or studies that are draft, or have not undergone a peer-review or prepublication security review process established by the federally funded research and development centers.” (4) The report required by paragraph (1) shall be generated using the products and processes generated pursuant to section 908 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 111 note). (5) The requirements of this subsection shall terminate on the date that is five years after the date of the enactment of this subsection. . 237. Quantifiable assurance capability for security of microelectronics (a) Development and implementation of capability The Secretary of Defense shall develop and implement a capability for quantifiable assurance to achieve practical, affordable, and risk-based objectives for security of microelectronics to enable the Department of Defense to access and apply state-of-the-art microelectronics for military purposes. (b) Establishment of requirements and schedule of support for development, test, and assessment (1) In general Not later than 60 days after the date of the enactment of this Act, the Deputy Secretary of Defense shall, in consultation with the Under Secretary of Defense for Research and Engineering, establish requirements and a schedule for support from the National Security Agency to develop, test, assess, implement, and improve the capability required by subsection (a). (2) National Security Agency The Director of the National Security Agency shall take such actions as may be necessary to satisfy the requirements established under paragraph (1). (3) Briefing Not later than 120 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering and the Director of the National Security Agency shall provide the congressional defense committees a briefing on the requirements and the schedule for support established under paragraph (1). (c) Assessment (1) In general The Secretary of Defense shall assess whether the Department of Defense, to enable expanded use of unprogrammed application specific integrated circuits or other custom-designed integrated circuits manufactured by a supplier that is not using processes accredited by the Defense Microelectronics Activity for the purpose of enabling the Department to access commercial state-of-the-art microelectronics technology using risk-based quantifiable assurance security methodology, should— (A) seek changes to the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations, and Department of Defense Instruction 5200.44 (relating to protection of mission critical functions to achieve trusted systems and networks); and (B) expand the use of unprogrammed custom-designed integrated circuits that are not controlled by such regulations. (2) Briefing Not later than April 1, 2023, the Secretary shall provide the congressional defense committees a briefing on the findings of the Secretary with respect to the assessment conducted under paragraph (1). 238. Clarification of role of Chief Digital and Artificial Intelligence Officer (a) Personnel management authority to attract experts in science and engineering Section 4092 of title 10, United States Code, is amended— (1) in subsection (a)(6)— (A) by striking Director of the Joint Artificial Intelligence Center and inserting official designated under section 238(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 4061 note prec.) ; (B) by striking for the Center and inserting to support the activities of such official under section 238 of such Act ; and (C) in the paragraph heading, by striking Center ; (2) in subsection (b)(1)(F)— (A) by striking Joint Artificial Intelligence Center and inserting official designated under section 238(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 4061 note prec.) ; (B) by striking in the Center and inserting in support of the activities of such official under section 238 of such Act ; (3) in subsection (c)(2), by striking Joint Artificial Intelligence Center and inserting the activities under section 238 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 4061 note prec.) . (b) Joint artificial intelligence research, development, and transition activities Section 238 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 4061 note prec.) is amended— (1) by amending subsection (c) to read as follows: (c) Organization and roles (1) In general In addition to designating an official under subsection (b), the Secretary of Defense shall assign to appropriate officials within the Department of Defense roles and responsibilities relating to the research, development, prototyping, testing, procurement of, requirements for, and operational use of artificial intelligence technologies. (2) Appropriate officials The officials assigned roles and responsibilities under paragraph (1) shall include— (A) the Under Secretary of Defense for Research and Engineering; (B) the Under Secretary of Defense for Acquisition and Sustainment; (C) one or more officials in each military department; (D) officials of appropriate Defense Agencies; and (E) such other officials as the Secretary of Defense determines appropriate. ; (2) in subsection (e), by striking Director of the Joint Artificial Intelligence Center and inserting official designated under subsection (b) ; and (3) by striking subsection (h). (c) Biannual report on activities of the Chief Digital and Artificial Intelligence Office (1) In general Section 260 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ) is amended— (A) in the section heading, by striking Joint Artificial Intelligence Center and inserting activities of the Chief Digital and Artificial Intelligence Office ; (B) in subsection (a)— (i) by striking 2023 and inserting 2025 ; and (ii) by striking Joint Artificial Intelligence Center (referred to in this section as the Center ) and inserting Chief Digital and Artificial Intelligence Office (referred to in this section as the Office ) ; (C) in subsection (b)— (i) in paragraph (1), by striking Center and inserting Office ; (ii) in paragraph (2), by striking National Mission Initiatives, Component Mission Initiatives, and any other initiatives of the Center and inserting initiatives of the Office ; (iii) in paragraphs (3) through (6), by striking Center each place it appears and inserting Office ; (iv) in paragraph (7), by striking Center and the Center's investments in the National Mission Initiatives and Component Mission Initiatives and inserting Office and the Office's investments ; (v) in paragraph (8), by striking Chief Information Officer and inserting Chief Digital Artificial Intelligence Officer ; and (vi) in paragraph (10), by striking Center and inserting Officer ; and (D) by striking subsection (c). (2) Clerical amendment The table of contents in section 2(b) of such Act is amended by striking the item relating to section 260 and inserting the following new item: Sec. 260. Biannual report on the activities of the Chief Digital and Artificial Intelligence Office. . (d) Chief data officer responsibility for Department of Defense data sets Section 903(b) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2223 note) is amended— (1) by striking paragraph (3); and (2) by redesignating paragraph (4) as paragraph (3). (e) Board of advisors for the office of the Chief Digital and Artificial Intelligence Office (1) In general Section 233 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 4001 note) is amended— (A) in the section heading, by striking Joint Artificial Intelligence Center and inserting Chief Digital and Artificial Intelligence Office ; (B) in subsection (a), by striking Joint Artificial Intelligence Center and inserting Chief Digital and Artificial Intelligence Office ; (C) in subsection (b), by striking Director each place in appears and inserting Chief Digital and Artificial Intelligence Officer ; (D) in subsection (f), by striking September 30, 2024 and inserting September 30, 2026 ; and (E) in subsection (g)— (i) by striking paragraphs (2) and (3); and (ii) by redesignating paragraph (4) as paragraph (2). (2) Clerical amendment The table of contents in section 2(b) of such Act is amended by striking the item relating to section 233 and inserting the following new item: Sec. 233. Board of advisors for the Chief Digital and Artificial Intelligence Office. . (f) Application of artificial intelligence to the Defense reform pillar in the National Defense Strategy Section 234(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 113 note) is amended by striking Director of the Joint Artificial Intelligence Center and inserting official designated under section 238(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 4061 note prec.) . (g) Pilot program on the use of electronic portfolios to evaluate certain applicants for technical positions Section 247(c) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 1580 note prec.) is amended— (1) by striking paragraphs (1) and (2); (2) by inserting before paragraph (3) the following new paragraph (1): (3) the Chief Digital and Artificial Intelligence Office; ; and (3) by redesignating paragraphs (3) and (4) and paragraphs (2) and (3), respectively. (h) References to Joint Artificial Intelligence Center in law Any reference in any law, regulation, guidance, instruction, or other document of the Federal Government to the Director of the Joint Artificial Intelligence Center of the Department of Defense or to the Joint Artificial Intelligence Center shall be deemed to refer to the official designated under section 238(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 4061 note prec.) or the office of such official, as the case may be. III Operation and Maintenance A Authorization of Appropriations 301. Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2023 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4301. B Energy and Environment 311. Aggregation of energy conservation measures and funding Section 2911 of title 10, United States Code, is amended by adding at the end the following new subsection: (j) Aggregate energy conservation measures and funding (1) To the maximum extent practicable, the Secretary concerned shall take a holistic view of the energy project opportunities on installations under the jurisdiction of such Secretary and shall consider aggregate energy conservation measures, including energy conservation measures with quick payback, with energy resilience enhancement projects and other projects that may have a longer payback period. (2) In considering aggregate energy conservation measures under paragraph (1), the Secretary concerned shall incorporate all funding available to such Secretary for such measures, including— (A) appropriated funds, such as— (i) funds appropriated for the Energy Resilience and Conservation Investment Program of the Department; and (ii) funds appropriated for the Facilities Sustainment, Restoration, and Modernization program of the Department; and (B) funding available under performance contracts, such as energy savings performance contracts and utility energy service contracts. . 312. Establishment of joint working group to determine joint requirements for future operational energy needs of Department of Defense (a) Establishment The Secretary of Defense shall establish a joint working group (in this section referred to as the working group ) to determine joint requirements for future operational energy needs of the Department of Defense. (b) Executive agent The Secretary of the Air Force shall serve as the executive agent of the working group. (c) Requirements specified (1) In general In determining joint requirements under subsection (a), the working group shall address the operational energy needs of each military department and combatant command to meet energy needs in all domains of warfare, including land, air, sea, space, cyberspace, subsea, and subterranean environments. (2) Priority for certain systems Priority for joint requirements under subsection (a) shall be given to independent operational energy systems that— (A) are capable of operating in austere and isolated environments with quick deployment capabilities; and (B) may reduce conventional air pollution and greenhouse gas emissions comparable to currently used systems. (d) Existing or new programs The working group shall address the feasibility of meeting joint requirements determined under subsection (a) through the existing energy programs of the Department and make recommendations for new programs to meet such requirements. (e) Focus areas In carrying out the requirements under this section, the working group shall focus its efforts on operational energy, to include— (1) micro-reactors and small modular reactors; (2) hydrogen-based fuel systems, including hydrogen fuel cells and hydrogen-based combustion engines; (3) battery storage; (4) renewable energy sources; (5) retrofits to existing platforms that will increase efficiencies; and (6) other technologies and resources that meet joint requirements determined under subsection (a). (f) Recommended plan of action (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees an unclassified and classified report and provide to the congressional defense committees a classified briefing outlining recommendations for programs to meet joint requirements for future operational energy needs of the Department of Defense by 2025, 2030, and 2040. (2) Focus on readiness and flexibility In submitting the report and providing the briefing required by paragraph (1), the Secretary shall— (A) address each element of the report or briefing, as the case may be, in the context of maintaining or increasing— (i) the readiness levels of the Armed Forces; and (ii) the flexibility of operational elements within the Department; and (B) disregard energy sources that do not increase such readiness and flexibility, with an explanation for the reason such sources were disregarded. (g) Definitions In this section: (1) Advanced nuclear reactor The term advanced nuclear reactor has the meaning given that term in section 951(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 16271(b) ). (2) Micro-reactor The term micro-reactor means an advanced nuclear reactor that has an electric power production capacity that is not greater than 50 megawatts that can be transported via land, air, or sea transport and can be redeployed. (3) Small modular reactor The term small modular reactor means an advanced nuclear reactor— (A) with a rated capacity of less than 300 electrical megawatts; or (B) that can be constructed and operated in combination with similar reactors at a single site. 313. Additional special considerations for developing and implementing the energy performance goals and energy performance master plan of the Department of Defense Section 2911(e) of title 10, United States Code, is amended by adding at the end the following new paragraphs: (14) The reliability and security of energy resources in the event of a military conflict. (15) The value of resourcing energy from allies of the United States in the North Atlantic Treaty Organization and other major allies of the United States. . 314. Participation in pollutant banks and water quality trading (a) In general Chapter 159 of title 10, United States Code, is amended by inserting after section 2694c the following new section: 2694d. Participation in pollutant banks and water quality trading (a) Authority to participate The Secretary of a military department, and the Secretary of Defense with respect to matters concerning a Defense Agency, when engaged in an authorized activity that may or will result in the discharge of pollutants, may make payments to a pollutant banking program or water quality trading program approved in accordance with the Water Quality Trading Policy dated January 13, 2003, set forth by the Office of Water of the Environmental Protection Agency, or any successor administrative guidance or regulation. (b) Treatment of Payments Payments made under subsection (a) to a pollutant banking program or water quality trading program may be treated as eligible project costs for military construction. (c) Discharge of pollutants defined In this section, the term discharge of pollutants has the meaning given that term in section 502(12) of the Federal Water Pollution Control Act ( 33 U.S.C. 1362(12) ) (commonly referred to as the Clean Water Act ). . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2694c following new item: 2694d. Participation in pollutant banks and water quality trading. . 315. Consideration under Defense Environmental Restoration Program for State-owned facilities of the National Guard with proven exposure of hazardous substances and waste (a) Definition of State-owned National Guard facility Section 2700 of title 10, United States Code, is amended by adding at the end the following new paragraph: (4) The term State-owned National Guard facility means land owned and operated by a State when such land is used for training the National Guard pursuant to chapter 5 of title 32 with funds provided by the Secretary of Defense or the Secretary of a military department, even though such land is not under the jurisdiction of the Department of Defense. . (b) Authority for Defense Environmental Restoration Program Section 2701(a)(1) of such title is amended, in the first sentence, by inserting and at State-owned National Guard facilities before the period. (c) Responsibility for response actions Section 2701(c)(1) of such title is amended by adding at the end the following new subparagraph: (D) Each State-owned National Guard facility being used for training the National Guard pursuant to chapter 5 of title 32 with funds provided by the Secretary of Defense or the Secretary of a military department at the time of actions leading to contamination by hazardous substances or pollutants or contaminants. . 316. Authorization of closure of Red Hill bulk fuel storage facility (a) In general The Secretary of Defense may close the Red Hill bulk fuel storage facility of the Department of Defense in Hawaii (in this section referred to as the Facility ). (b) Plan for closure and post-closure care (1) In general Not later than 60 days 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 plan for— (A) closure of the Facility; (B) cleanup of the Facility; (C) monitoring of the Facility following such closure; (D) maintenance of the Facility following such closure; (E) optimal post-closure care for the Facility, specifically addressing— (i) monitoring and maintenance of liners; (ii) final covers; (iii) leachate collection and removal systems; (iv) leak detection system; and (v) gas collection systems to protect against releases of hazardous elements; (F) environmental remediation of groundwater at the Facility, to include a description of environmental remediation plans, including necessary resources for the Secretary of the Navy to conduct remediation actions at the Facility in the following year; (G) coordination and communication with applicable Federal and State regulatory authorities, the local water utility authority, applicable State environmental agencies, and surrounding communities on remediation activities conducted by the Navy at the Facility; (H) improvements to processes, procedures, organization, training, leadership, education, facilities, and policy of the Department of Defense related to best practices for the remediation and closure of the Facility; and (I) measures to ensure that future strategic level assets of the Department of Defense are properly maintained and critical environmental assets are protected. (2) Preparation of plan The Secretary shall prepare the plan required under paragraph (1) in consultation with— (A) the Administrator of the Environmental Protection Agency; (B) the head of the Hawaii Department of Health; (C) the Director of the United States Geological Survey; and (D) the heads of such other relevant Federal and State agencies as the Secretary considers appropriate. (c) Identification of point of contact at Department of Defense Not later than 60 days after the date of the enactment of this Act, to ensure clear and consistent communication related to the defueling, cleanup, closure, and remediation of the Facility, the Secretary of Defense shall identify a single point of contact within the Office of the Secretary of Defense to oversee and communicate with the public and members of Congress regarding the status of the Facility at each phase of defueling, cleanup, closure, and remediation. (d) Water monitoring program Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall establish a water monitoring program— (1) to monitor movement of the fuel plume in the aquifer surrounding the Facility; (2) to monitor long-term impacts to such aquifer and local water bodies resulting from water contamination from the Facility; and (3) to coordinate with the Agency for Toxic Substances and Disease Registry of the Department of Health and Human Services as the Agency conducts a follow up to the previously conducted voluntary survey of individuals and entities impacted by water contamination from the Facility. 317. Revision of Unified Facilities Guide Specifications and Unified Facilities Criteria to include specifications on use of gas insulated switchgear and criteria and specifications on microgrids and microgrid converters (a) Gas insulated switchgear Not later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall modify the Unified Facilities Guide Specifications to include a distinct specification for medium voltage gas insulated switchgear. (b) Microgrids Not later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall— (1) modify the Unified Facilities Criteria to include criteria for microgrids; and (2) modify the Unified Facilities Guide Specifications to include specifications for microgrids and microgrid controllers. 318. Transfer of customers from electrical utility system of the Navy at former Naval Air Station Barber’s Point, Hawaii, to new electrical system in Kalaeloa, Hawaii (a) In general Subject to the availability of appropriations for such purpose, the Secretary of the Navy shall pay the reasonable costs to transfer all customers off of the electrical utility system of the Navy located at former Naval Air Station Barber’s Point, Hawaii, to the new electrical system in Kalaeloa, Hawaii, operated by Hawaii Electric. (b) Cooperative agreement or other instruction The Secretary of the Navy may enter into a cooperative agreement or other appropriate instrument with a third party— (1) to make amounts available to pay the reasonable costs of transfers described in subsection (a); and (2) to reimburse the third party for the reasonable costs that it may incur to carry out paragraph (1). (c) Facilitation of transfer To facilitate the transfer of customers described in subsection (a), the Secretary of the Navy shall provide the following to the State of Hawaii: (1) A load analysis and design necessary to complete such transfer. (2) Such rights of way and easements as may be necessary to support the construction of replacement electrical infrastructure. (d) Disposal of Navy electrical system Subject to the availability of appropriations for such purpose, after all customers have been transferred as required under subsection (a), the Secretary of the Navy may dispose of the electrical system of the Navy located at former Naval Air Station Barber’s Point, Hawaii. 319. Pilot program on use of sustainable aviation fuel (a) Pilot program required (1) In general The Secretary of Defense shall conduct a pilot program on the use of sustainable aviation fuel by the Department of Defense. (2) Design of program The pilot program shall be designed to— (A) identify any logistical challenges with respect to the use of sustainable aviation fuel by the Department; (B) promote understanding of the technical and performance characteristics of sustainable aviation fuel when used in a military setting; and (C) engage nearby commercial airports to explore opportunities and challenges to partner on increased use of sustainable aviation fuel. (b) Selection of facilities (1) Selection (A) In general Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall select not fewer than two geographically diverse facilities of the Department at which to carry out the pilot program. (B) Onsite refinery Not fewer than one facility selected under subparagraph (A) shall be a facility with an onsite refinery that is located in proximity to not fewer than one major commercial airport that is also actively seeking to increase the use of sustainable aviation fuel. (2) Notice to Congress Upon the selection of each facility under paragraph (1), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives notice of the selection, including an identification of the facility selected. (c) Use of sustainable aviation fuel (1) Plans For each facility selected under subsection (b), not later than one year after the selection of the facility, the Secretary shall— (A) develop a plan on how to implement, by September 30, 2028, a target of exclusively using at the facility aviation fuel that is blended to contain not less than 10 percent sustainable aviation fuel; (B) submit the plan developed under subparagraph (A) to the Committees on Armed Services of the Senate and the House of Representatives; and (C) provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on such plan that includes, at a minimum— (i) a description of any operational, infrastructure, or logistical requirements and recommendations for the blending and use of sustainable aviation fuel; and (ii) a description of any stakeholder engagement in the development of the plan, including any consultations with nearby commercial airport owners or operators. (2) Implementation of plans For each facility selected under subsection (b), during the period beginning on a date that is not later than September 30, 2028, and for five years thereafter, the Secretary shall require, in accordance with the respective plan developed under paragraph (1), the exclusive use at the facility of aviation fuel that is blended to contain not less than 10 percent sustainable aviation fuel. (d) Criteria for sustainable aviation fuel Sustainable aviation fuel used under the pilot program shall meet the following criteria: (1) Such fuel shall be produced in the United States from domestic feedstock sources. (2) Such fuel shall constitute drop-in fuel that meets all specifications and performance requirements of the Department of Defense and the Armed Forces. (e) Waiver The Secretary may waive the use of sustainable aviation fuel at a facility under the pilot program if the Secretary— (1) determines such use is not feasible due to a lack of domestic availability of sustainable aviation fuel or a national security contingency; and (2) submits to the congressional defense committees notice of such waiver and the reasons for such waiver. (f) Final report (1) In general At the conclusion of the pilot program, the Assistant Secretary of Defense for Energy, Installations, and Environment shall submit to the Committees on Armed Services of the Senate and the House of Representatives a final report on the pilot program. (2) Elements The report required by paragraph (1) shall include each of the following: (A) An assessment of the effect of using sustainable aviation fuel on the overall fuel costs of blended fuel. (B) A description of any operational, infrastructure, or logistical requirements and recommendations for the blending and use of sustainable aviation fuel, with a focus on scaling up adoption of such fuel throughout the Armed Forces. (C) Recommendations with respect to how military installations can leverage proximity to commercial airports and other jet fuel consumers to increase the rate of use of sustainable aviation fuel, for both military and non-military use, including potential collaboration on innovative financing or purchasing and shared supply chain infrastructure. (D) A description of the effects on performance and operation of aircraft using sustainable aviation fuel, including— (i) if used, considerations of various blending ratios and their associated benefits; (ii) efficiency and distance improvements of flights using sustainable aviation fuel; (iii) weight savings on large transportation aircraft and other types of aircraft with using blended fuel with higher concentrations of sustainable aviation fuel; (iv) maintenance benefits of using sustainable aviation fuel, including engine longevity; (v) the effect of the use of sustainable aviation fuel on emissions and air quality; (vi) the effect of the use of sustainable aviation fuel on the environment and on surrounding communities, including environmental justice factors that are created by the demand for and use of sustainable aviation fuel by the Department of Defense; and (vii) benefits with respect to job creation in the sustainable aviation fuel production and supply chain. (g) Sustainable aviation fuel defined In this section, the term sustainable aviation fuel means liquid fuel that— (1) consists of synthesized hydrocarbon; (2) meets the requirements of ASTM International Standard D7566 (or successor standard); (3) is derived from biomass (as such term is defined in section 45K(c)(3) of the Internal Revenue Code of 1986), waste streams, renewable energy sources, or gaseous carbon oxides; and (4) is not derived from palm fatty acid distillates. 320. Renewal of annual environmental and energy reports of Department of Defense (a) Environmental report Section 2711 of title 10, United States Code, is amended by striking subsections (a) and (b) and inserting the following new subsections: (a) Report required Not later than March 31 of each year, the Secretary of Defense shall submit to Congress a report on progress made by environmental programs of the Department of Defense during the preceding fiscal year. (b) Elements Each report under subsection (a) shall include, for the year covered by the report, the following: (1) With respect to environmental restoration activities of the Department of Defense, and for each of the military departments, information on the Defense Environmental Restoration Program under section 2701 of this title, including— (A) the total number of sites at which such program was carried out; (B) the progress of remediation for sites that have not yet completed cleanup; (C) the remaining cost to complete cleanup of known sites; and (D) an assessment by the Secretary of Defense of the overall progress of such program. (2) An assessment by the Secretary of achievements for environmental conservation and planning by the Department. (3) An assessment by the Secretary of achievements for environmental compliance by the Department. (4) An assessment by the Secretary of achievements for climate resiliency by the Department. (5) An assessment by the Secretary of the progress made by the Department in achieving the objectives and goals of the Environmental Technology Program of the Department. (c) Consolidation The Secretary of Defense may consolidate or attach with or otherwise include in any report required under subsection (a) any annual report or other requirement that is aligned or associated with, or would be better understood if presented as part of a consolidated report addressing, environmental restoration, compliance, and resilience. . (b) Energy report (1) In general Section 2925 of such title is amended— (A) by amending the section heading to read as follows: Annual report on energy performance, resilience, and readiness of Department of Defense ; and (B) by striking subsections (a) and (b) and inserting the following new subsections: (a) Report required Not later than 240 days after the end of each fiscal year, the Secretary of Defense shall submit to the congressional defense committees a report detailing the fulfillment during that fiscal year of the authorities and requirements under sections 2688, 2911, 2912, 2920, and 2926 of this title, including progress on energy resilience at military installations and the use of operational energy in combat platforms and at contingency locations. (b) Elements Each report under subsection (a) shall include the following: (1) For the year covered by the report, the following: (A) A description of the progress made to achieve the goals of the Energy Policy Act of 2005 ( Public Law 109–58 ), section 2911(g) of this title, and the Energy Independence and Security Act of 2007 ( Public Law 110–140 ). (B) A description of the energy savings, return on investment, and enhancements to installation mission assurance realized by the fulfillment of the goals described in paragraph (1). (C) A description of and progress towards the energy security, resilience, and performance goals and master planning for the Department of Defense, including associated metrics pursuant to subsections (c) and (d) of section 2911 of this title and requirements under section 2688(g) of this title. (D) An evaluation of progress made by the Department in implementing the operational energy strategy of the Department, including the progress of key initiatives and technology investments related to operational energy demand and management. (E) Details of the amounts of any funds transferred by the Secretary of Defense pursuant to section 2912 of this title, including a detailed description of the purpose for which such amounts have been used. (2) Statistical information on operational energy demands of the Department, in terms of expenditures and consumption, for the preceding five fiscal years, including information on funding made available in regular defense appropriations Acts and any supplemental appropriation Acts. (3) A description of each initiative related to the operational energy strategy of the Department and a summary of funds appropriated for each initiative in the previous fiscal year and current fiscal year and requested for each initiative for the next five fiscal years. (4) Such recommendations as the Secretary considers appropriate for additional changes in organization or authority within the Department to enable further implementation of the energy strategy and such other comments and recommendations as the Secretary considers appropriate. (c) Classified form If a report under subsection (a) is submitted in classified form, the Secretary of Defense shall, concurrently with such report, submit to the congressional defense committees an unclassified version of the report. (d) Consolidation The Secretary of Defense may consolidate or attach with or otherwise include in any report required under subsection (a) any annual report or other requirement that is aligned or associated with, or would be better understood if presented as part of a consolidated report addressing energy performance, resilience, and readiness. . (2) Clerical amendment The table of sections at the beginning of subchapter III of chapter 173 of such title is amended by striking the item relating to section 2925 and inserting the following new item: 2925. Annual report on energy performance, resilience, and readiness of Department of Defense. . (c) Treatment of termination of reporting requirements (1) In general Section 1061(c) of National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 111 note) is amended by striking paragraphs (51) and (54). (2) Rule of construction The reports required by sections 2711 and 2925 of title 10, United States Code, as amended by this section, shall not be considered to be covered reports for purposes of section 1080 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 111 note). 321. Report on feasibility of terminating energy procurement from foreign entities of concern (a) In general Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Energy, Installations, and Environment shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the feasibility and advisability of terminating energy procurement by the Department of Defense from foreign entities of concern. (b) Elements The report required under subsection (a) shall include the following: (1) An assessment of the reliance by the Department of Defense on foreign entities of concern for the procurement of energy. (2) An identification of the number of energy contracts in force between the Director of the Defense Logistics Agency and a foreign entity of concern or an entity headquartered in a country that is a foreign entity of concern. (3) Such proposals as the Assistant Secretary of Defense for Energy, Installations, and Environment may have for divestment of resourcing of energy for the Department of Defense from entities described in subparagraph (B) and reconfiguring such resourcing instead from allies of the United States in the North Atlantic Treaty Organization and other major allies of the United States. (c) Foreign entity of concern defined In this section, the term foreign entity of concern has the meaning given that term in section 9901 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 15 U.S.C. 4651 ). C Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl Substances 331. Increase of transfer authority for funding of study and assessment on health implications of per- and polyfluoroalkyl substances contamination in drinking water by Agency for Toxic Substances and Disease Registry Section 316(a)(2)(B) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 131 Stat. 1350), as amended by section 315(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1713), section 321 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1307), section 337 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 3533), and section 342 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 1643), is further amended— (1) in clause (ii), by striking 2023 and inserting 2022 ; and (2) by adding at the end the following new clause: (iii) Without regard to section 2215 of title 10, United States Code, the Secretary of Defense may transfer not more than $20,000,000 in fiscal year 2023 to the Secretary of Health and Human Services to pay for the study and assessment required by this section. . 332. Modification of limitation on disclosure of results of testing for perfluoroalkyl or polyfluoroalkyl substances on private property Section 345(a)(2) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 2715 note) is amended by inserting personally identifiable information in connection with after publicly disclose . 333. Department of Defense research relating to perfluoroalkyl or polyfluoroalkyl substances (a) Publication of information (1) In general Beginning not later than 180 days after the date of the enactment of this Act, Secretary of Defense shall publish on the publicly available website established under section 331(b) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2701 note) timely and regularly updated information on the research efforts of the Department of Defense relating to perfluoroalkyl or polyfluoroalkyl substances, which shall include the following: (A) A description of any research collaborations and data sharing by the Department with the Department of Veterans Affairs, the Agency for Toxic Substances and Disease Registry, or any other agency (as defined in section 551 title 5, United States Code), States, academic institutions, nongovernmental organizations, or any other entity. (B) Regularly updated information on research projects supported or conducted by the Department of Defense pertaining to the development, testing, and evaluation of a fluorine-free firefighting foam or any other alternative to aqueous film forming foam that contains perfluoroalkyl or polyfluoroalkyl substances, excluding any proprietary information that is business confidential. (C) Regularly updated information on research projects supported or conducted by the Department pertaining to the health effects of perfluoroalkyl or polyfluoroalkyl substances, including information relating to the impact of such substances on firefighters, veterans, and military families and excluding any personally identifiable information. (D) Regularly updated information on research projects supported or conducted by the Department pertaining to treatment options for drinking water, surface water, ground water, and the safe disposal of perfluoroalkyl or polyfluoroalkyl substances. (E) Budget information, including specific spending information for the research projects relating to perfluoroalkyl or polyfluoroalkyl substances that are supported or conducted by the Department. (F) Such other matters as may be relevant to ongoing research projects supported or conducted by the Department to address the use of perfluoroalkyl or polyfluoroalkyl substances and the health effects of the use of such substances. (2) Format The information published under paragraph (1) shall be made available in a downloadable, machine-readable, open, and a user-friendly format. (3) Definitions In this subsection: (A) Military installation The term military installation includes active, inactive, and former military installations. (B) Perfluoroalkyl substance The term perfluoroalkyl substance means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (C) Polyfluoroalkyl substance The term polyfluoroalkyl substance means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms. (b) Inclusion of research duties in Perfluoroalkyl Substances and Polyfluoroalkyl Substances Task Force Section 2714(e) of title 10, United States Code, is amended by adding at the end the following new paragraphs: (5) Supporting research efforts relating to perfluoroalkyl substances or polyfluoroalkyl substances. (6) Establishing practices to ensure the timely and complete dissemination of research findings and related data relating to perfluoroalkyl substances or polyfluoroalkyl substances to the general public. . D Logistics and Sustainment 351. Implementation of Comptroller General recommendations regarding Shipyard Infrastructure Optimization Plan of the Navy (a) In general Not later than March 1, 2023, the Secretary of the Navy shall— (1) develop metrics for assessing progress of the Secretary toward improved shipyard capacity and performance in carrying out the Shipyard Infrastructure Optimization Plan of the Navy, including by measuring the effectiveness of capital investments; (2) ensure that the shipyard optimization program office of the Navy— (A) includes all costs, such as inflation, program office activities, utilities, roads, environmental remediation, historic preservation, and alternative workspace when developing a detailed cost estimate; and (B) uses cost estimating best practices in developing a detailed cost estimate, including— (i) a program baseline; (ii) a work breakdown structure; (iii) a description of the methodology and key assumptions; (iv) a consideration of inflation; (v) a full assessment of risk and uncertainty; and (vi) a sensitivity analysis; and (3) obtain an independent cost estimate for the shipyard optimization program before starting the prioritization of projects under such program. (b) Briefing If the Secretary of the Navy is unable to implement the requirements under subsection (a) by March 1, 2023, the Secretary shall brief the Committees on Armed Services of the Senate and the House of Representatives before such date on— (1) the current progress of the Secretary towards implementing those requirements; (2) any hindrance to implementing those requirements; and (3) any additional resources necessary to implement those requirements. 352. Research and analysis on the capacity of private shipyards in the United States and the effect of those shipyards on Naval fleet readiness (a) In general Not later than 60 days after the date of the enactment of this Act, the Secretary of the Navy shall enter into an agreement with a nonprofit entity or a federally funded research and development center to conduct research and analysis regarding the capacity and capability of private shipyards in the United States to repair, maintain, and modernize surface combatants and support ships of the Navy to ensure fleet readiness. (b) Elements The research and analysis conducted under subsection (a) shall include the following: (1) An assessment of the maintenance needs of the Navy during the five-year period preceding the date of the enactment of this Act, including frequency of unplanned maintenance and average time it takes to repair ships. (2) An assessment of the projected maintenance needs of the Navy during the 10-year period following such date of enactment. (3) An assessment of whether current private shipyards in the United States have the capacity to meet current and anticipated needs of the Navy to maintain and repair ships, include whether there are adequate ship repair facilities and a sufficient trained workforce. (4) An identification of barriers limiting success of intermediate-level and depot-level maintenance availabilities, including constraints of adding private depot capacity and capability. (5) Recommendations based on the findings of paragraphs (1) through (4) regarding actions the Secretary of the Navy can take to ensure there is an industrial base of private ship repair facilities to meet the needs of the Navy and ensure fleet readiness, including whether the Secretary should institute a new force generation model, establish additional homeport facilities, or establish new hub-type maintenance facilities. (c) Input from private shipyards In conducting research and analysis under subsection (a), the nonprofit entity or federally funded research and development center with whom the Secretary of the Navy entered into an agreement under subsection (a) shall consult with private shipyards regarding— (1) the fleet maintenance needs of surface combatant and support ships of the Navy; (2) private shipyard capacity, including workforce; and (3) additional investment in private shipyards necessary to meet the needs of the Navy. (d) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the nonprofit entity or federally funded research and development center with whom the Secretary of the Navy entered into an agreement under subsection (a) shall submit to the Secretary a report on the results of the research and analysis undertaken under such subsection. (2) Transmittal to Congress Not later than 30 days after the Secretary receives the report under paragraph (1), the Secretary shall transmit to the congressional defense committees a copy of the report. 353. Limitation on funds for the Joint Military Information Support Operations Web Operations Center Not more than 50 percent of the amount authorized to be appropriated for the Joint Military Information Support Operations Web Operations Center for Operation and Maintenance, Defense-Wide, may be obligated and expended until the Secretary of Defense submits to the congressional defense committees a plan for— (1) appropriately scoping and tailoring messaging activities to foreign target audiences; (2) ensuring messages serve a valid military purpose; (3) effectively managing risk associated with web-based military information support operations; (4) maintaining alignment with policies and procedures of the Department of Defense; (5) adequately overseeing and approving the work of contractors; (6) ensuring alignment with policy guidance and procedures of the Department; and (7) coordinating activities with the Global Engagement Center of the Department of State and other relevant non-Department of Defense entities. 354. Notification of increase in retention rates for Navy ship repair contracts (a) In general Not later than 30 days before making a change to increase the level of retention rates for a Navy ship repair contract, the Secretary of the Navy shall notify the congressional defense committees. (b) Matters To be included A notification under subsection (a) with respect to a change to increase the level of retention rates for a Navy ship repair contract shall include the following information: (1) An identification of any considerations that informed the decision to increase such rates. (2) The desired effect the change will have on the Navy ship repair industrial base. 355. Inapplicability of advance billing dollar limitation for relief efforts following major disasters or emergencies Section 2208(l)(3) of title 10, United States Code, is amended— (1) by striking The total and inserting (A) Except as provided in subparagraph (B), the total ; and (2) by adding at the end the following new subparagraph: (B) The dollar limitation under subparagraph (A) shall not apply with respect to advance billing for relief efforts following a declaration of a major disaster or emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ). . 356. Repeal of Comptroller General review on time limitations on duration of public-private competitions Subsection (c) of section 322 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2252) is repealed. E Reports 371. Inclusion of information regarding joint medical estimates in readiness reports Section 482(b) of title 10, United States Code, is amended— (1) by redesignating paragraph (11) as paragraph (12); and (2) by inserting after paragraph (10) the following new paragraph: (11) A summary of the joint medical estimate under section 732(b)(1) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1817) prepared by the Joint Staff Surgeon with a mitigation plan to correct any readiness problem or deficiency and the timeline, cost, and any legislative action required to correct any such problem or deficiency. . F Other Matters 381. Implementation of recommendations relating to animal facility sanitation and master plan for housing and care of horses (a) Implementation by Secretary of the Army of certain recommendations relating to animal facility sanitation Not later than March 1, 2023, the Secretary of the Army shall implement the recommendations contained in the memorandum of the Department of the Army dated February 25, 2022, the subject of which is Animal Facility Sanitation Inspection Findings for the Fort Myer Caisson Barns/Paddocks and the Fort Belvoir Caisson Pasture Facility (MHCB–RN). (b) Master plan for the housing and care of all horses within the care of the Old Guard (1) In general Not later than March 1, 2023, the Secretary of the Army shall submit to Congress a master plan for the housing and care of all horses within the care of the 3rd United States Infantry (commonly known as the Old Guard ). (2) Elements The plan required by paragraph (1) shall— (A) describe all modifications planned or underway at the Fort Myer Caisson Barns/Paddocks, the Fort Belvoir Caisson Pasture Facility, and any other facility or location under consideration for stabling of the horses described in paragraph (1); (B) identify adequate space at Fort Myer, Virginia, to properly care for the horses described in paragraph (1); (C) prioritize the allotment of the space identified under subparagraph (B) over other functions of Fort Myer that could be placed elsewhere; (D) include projected timelines and resource requirements to execute the plan; and (E) describe— (i) immediate remedies for the unsanitary and unsafe conditions present at the locations described in subparagraph (A); and (ii) how long-term quality of life improvements will be provided for the horses described in paragraph (1). 382. Inclusion of land under jurisdiction of Department of Defense subject to long-term real estate agreement as community infrastructure for purposes of Defense community infrastructure pilot program Section 2391(e)(4)(A)(i) of title 10, United States Code, is amended by inserting before the semicolon the following: or on land under the jurisdiction of a Secretary of a military department subject to a long-term real estate agreement, such as a lease or an easement . 383. Restriction on procurement or purchasing by Department of Defense of turnout gear for firefighters containing perfluoroalkyl substances or polyfluoroalkyl substances (a) Prohibition on procurement and purchasing Beginning on October 1, 2026, the Secretary of Defense may not enter into a contract to procure or purchase covered personal protective firefighting equipment for use by Federal or civilian firefighters if such equipment contains an intentionally added perfluoroalkyl substance or polyfluoroalkyl substance. (b) Implementation (1) Inclusion in contracts The Secretary of Defense shall include the prohibition under subsection (a) in any contract entered into by the Department of Defense to procure covered personal protective firefighting equipment for use by Federal or civilian firefighters. (2) No obligation to test In carrying out the prohibition under subsection (a), the Secretary shall not have an obligation to test covered personal protective firefighting equipment to confirm the absence of perfluoroalkyl substances or polyfluoroalkyl substances. (c) Existing inventory Nothing in this section shall impact existing inventories of covered personal protective firefighting equipment. (d) Availability of alternatives (1) In general The requirement under subsection (a) shall be subject to the availability of sufficiently protective covered personal protective firefighting equipment that does not contain intentionally added perfluoroalkyl substances or polyfluoroalkyl substances. (2) Extension of effective date If the Secretary of Defense determines that no sufficiently protective covered personal protective firefighting equipment that does not contain intentionally added perfluoroalkyl substances or polyfluoroalkyl substances is available, the deadline under subsection (a) shall be extended until the Secretary determines that such covered personal protective firefighting equipment is available. (e) Definitions In this section: (1) Covered personal protective firefighting equipment The term covered personal protective firefighting equipment means— (A) any product that provides protection to the upper and lower torso, arms, legs, head, hands, and feet; or (B) any other personal protective firefighting equipment, as determined by the Secretary of Defense. (2) Perfluoroalkyl substance The term perfluoroalkyl substance means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (3) Polyfluoroalkyl substance The term polyfluoroalkyl substance means a man-made chemical containing at least one fully fluorinated carbon atom and at least one non-fully fluorinated carbon atom. 384. Continued designation of Secretary of the Navy as executive agent for Naval Small Craft Instruction and Technical Training School The Secretary of the Navy shall continue, through fiscal year 2023— (1) to perform the responsibilities of the Department of Defense executive agent for the Naval Small Craft Instruction and Technical Training School pursuant to section 352(b) of title 10, United States Code; and (2) to provide such support, as necessary, for the continued operation of such school. 385. Prohibition on use of funds to discontinue the Marine Mammal System program (a) Prohibition Except as provided in subsection (b), the Secretary of the Navy may not obligate or expend funds to discontinue or prepare to discontinue, including through substantive reduction in training and operational employment, the Marine Mammal System program that has been or is currently being used for— (1) port security at installations of the Navy, commonly known as Mark–6 systems; or (2) mine search capabilities, commonly known as Mark–7 systems. (b) Waiver The Secretary of the Navy may waive the prohibition under subsection (a) if the Secretary, with the concurrence of the Director of Operational Test and Evaluation of the Department of Defense, certifies to the congressional defense committees in writing that the Secretary has— (1) identified a replacement capability and the necessary quantity of systems to carry out such capability to meet all operational requirements currently being met by the Marine Mammal System program with a detailed explanation of such capability and quantity; (2) achieved initial operational capability of all systems described in paragraph (1) with a detailed explanation of such achievement; and (3) deployed a sufficient quantity of systems described in paragraph (1) that have achieved initial operational capability to continue to meet or exceed all operational requirements currently being met by the Marine Mammal System program with a detailed explanation of such deployment. 386. Limitation on replacement of non-tactical vehicle fleet of the Department of Defense with electric vehicles, advanced-biofuel-powered vehicles, or hydrogen-powered vehicles (a) In general Until the date on which the Secretary of Defense submits to the Committees on Armed Services of the Senate and House of Representatives the report described in subsection (b), the Secretary may not enter into an indefinite delivery indefinite quantity contract to procure and replace the existing non-tactical vehicle fleet of the Department of Defense with electric vehicles, advanced-biofuel-powered vehicles, or hydrogen-powered vehicles. (b) Elements The report described in this subsection shall include the following: (1) A complete cost estimate for the acquisition by the Department of Defense, or through contract mechanisms used by the Department, such as energy savings performance contracts, of electric non-tactical vehicles to replace the existing non-tactical vehicle fleet of the Department, which shall include— (A) the cost per unit and number of units to be procured of each type of electric non-tactical vehicle (trucks, buses, vans, etc.); (B) the cost associated with building the required infrastructure to support electric non-tactical vehicles, including charging stations and electric grid requirements; (C) a per-unit lifecycle cost comparison between electric vehicles and combustion engine vehicles of each type (electric truck versus conventional truck, etc.); (D) maintenance requirements of electric vehicles compared to combustion engine vehicles; and (E) for each military department, a cost comparison over periods of three, five, 10, and 15 years of pursuing an electric non-tactical vehicle fleet versus continuing with combustion engine non-tactical vehicles. (2) An assessment of the current and projected sourcing shortfalls for lithium, cobalt, and nickel from Taiwan, India, member countries of the North Atlantic Treaty Organization, and major allies of the North Atlantic Treaty Organization. (3) An assessment of the current and projected supply chain shortfalls for electric vehicles, set forth by industry. (4) An assessment of the cost associated with building the required infrastructure to support electric non-tactical vehicles, including charging stations and electric grid requirements. (5) An assessment of the security risks associated with data collection conducted with respect to electric vehicles and related computer systems. (6) An assessment of the current range requirements for electric vehicle compared to combustion engine vehicles and the average life of vehicles of the Department necessary to maintain current readiness requirements of the Department. (7) An assessment of maintenance requirements of electric vehicles compared to combustion engine vehicles. (8) A cost-benefit analysis of the cost, time, and manpower associated with maintenance of electric non-tactical vehicles compared to combustion engine non-tactical vehicles. (9) An assessment of the effect transitioning to electric non-tactical vehicles would have on the National Defense Stockpile administered by the Defense Logistics Agency and current and future requirements relating to such stockpile. (10) An identification of components for electric non-tactical vehicles that are currently being sourced from the People’s Republic of China. (11) An assessment of the long-term cost and benefit to the Department of being an early adopter of hydrogen-powered vehicles and advanced-biofuel-powered vehicles. (12) An assessment of the long-term availability to the Department of internal combustion engines and spare parts for such engines, including whether or not they will be manufactured in the United States or repairable with parts made in the United States and labor in the United States. (13) A comparison of the relative risk to personnel of the Department, budgetary impacts, and impacts on the supply chain between different fuel types to determine the tradeoffs associated with the adoption and use of any particular fuel type. (c) Additional prohibition No funds may be obligated or expended for the Department of Defense for the procurement of non-tactical electric vehicles, advanced-biofuel-powered vehicles, hydrogen-powered vehicles, or any components or spare parts associated with such vehicles that are not in compliance with subpart 22.15 of the Federal Acquisition Regulation maintained under section 1303(a)(1) of title 41, United States Code (or any successor regulations), on the Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor. (d) Definitions In this section: (1) Advanced-biofuel-powered vehicle The term advanced-biofuel-powered vehicle includes a vehicle that uses a fuel described in section 9001(3)(A) of the Farm Security and Rural Investment Act of 2202 ( 7 U.S.C. 8101(3)(A) ). (2) Charging station The term charging station means a parking space with electric vehicle supply equipment that supplies electric energy for the recharging of electric vehicles with at least a level 2 charger. (3) Electric grid requirements The term electric grid requirements means the power grid and infrastructure requirements needed to support plug-in electric vehicles and vehicle-to-grid requirements. (4) Hydrogen-powered vehicle The term hydrogen-powered vehicle means a vehicle that uses hydrogen as the main source of motive power, either through a fuel cell or internal combustion. (5) Non-tactical vehicle The term non-tactical vehicle means any commercial motor vehicle, trailer, material handling equipment, or engineering equipment that carries passengers or cargo acquired for the administrative, direct mission, or operational support of military functions. 387. Limitation on use of charging stations for personal electric vehicles The Secretary of Defense may not permit the charging of personal electric vehicles through the use of charging stations provided by the Department of Defense unless the charging infrastructure for such stations allows for the receipt of payment for such charging. 388. Pilot programs for tactical vehicle safety data collection (a) In general Not later than October 1, 2023, the Secretary of the Army and the Secretary of the Navy shall each initiate a pilot program to evaluate the utility of using data recorders to monitor, assess, and improve readiness and the safe operation of military tactical vehicles in the Army and the Marine Corps, respectively. (b) Duration Each pilot program initiated under subsection (a) shall be carried out for a period of not less than two years. (c) Requirements In carrying out a pilot program under this section, the Secretary of the Army and the Secretary of the Navy shall— (1) carry out the pilot program at not fewer than one military installation in the United States selected by the Secretary concerned that contains the necessary forces, equipment, and maneuver training ranges to collect data on drivers and military tactical vehicles during training and routine operation; (2) install data recorders on a sufficient number of each type of military tactical vehicle specified in subsection (d) to gain statistically significant results; (3) select a data recorder capable of collecting and exporting telemetry data, event data, and driver identification data during operation and accidents; (4) establish and maintain a data repository for operation and event data captured by the data recorder; and (5) establish processes to leverage operation and event data to improve individual vehicle operator performance, identify installation hazards that threaten safe vehicle operation, and identify vehicle-type specific operating conditions that increase the risk of accidents or mishaps. (d) Military tactical vehicles specified Military tactical vehicles specified in this subsection are the following: (1) High Mobility Multipurpose Wheeled Vehicles. (2) Family of Medium Tactical Vehicles. (3) Medium Tactical Vehicle Replacements. (4) Heavy Expanded Mobility Tactical Trucks. (5) Light Armored Vehicles. (6) Stryker armored combat vehicles. (7) Such other military tactical vehicles as the Secretary of the Army or the Secretary of the Navy considers appropriate. (e) Implementation plan Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army and the Secretary of the Navy shall each— (1) develop plans for implementing the pilot programs under this section; and (2) provide to the congressional defense committees a briefing on those plans and the estimated cost of implementing those plans. (f) Report required Not later than December 15, 2024, the Secretary of the Army and the Secretary of the Navy shall each submit to the congressional defense committees a report on the pilot program carried out under this section by the Secretary concerned, including— (1) insights and findings regarding the utility of using data recorders to monitor, assess, and improve readiness and the safe operation of military tactical vehicles; (2) adjustments made, or to be made, to the implementation plans developed under subsection (e); and (3) any other matters as determined appropriate by the Secretary concerned. (g) Assessment required Not later than December 15, 2025, the Secretary of the Army and the Secretary of the Navy shall jointly submit to the congressional defense committees an assessment of the pilot programs carried out under this section, including— (1) insights and findings regarding the utility of using data recorders to monitor, assess, and improve readiness and the safe operation of military tactical vehicles; (2) an assessment of the utility of establishing an enduring program to use data recorders to monitor, assess, and improve readiness and the safe operation of military tactical vehicles; (3) an assessment of the scope, size, and estimated cost of such an enduring program; and (4) such other matters as the Secretary of the Army and the Secretary of the Navy determine appropriate. IV Military personnel authorizations A Active forces 401. End strengths for active forces The Armed Forces are authorized strengths for active duty personnel as of September 30, 2023, as follows: (1) The Army, 473,000. (2) The Navy, 354,000. (3) The Marine Corps, 177,000. (4) The Air Force, 325,344. (5) The Space Force, 8,600. 402. End strength level matters (a) Strength levels to support National Defense Strategy (1) In general Section 691 of title 10, United States Code, is repealed. (2) Table of sections The table of sections at the beginning of chapter 39 of such title is amended by striking the item relating to section 691. (b) Certain active-duty and Selected Reserve strengths Section 115 of such title is amended— (1) in subsection (f), by striking increase each place it appears and inserting vary ; and (2) in subsection (g)— (A) in paragraph (1), by striking subparagraphs (A) and (B) and inserting the following new subparagraphs: (A) vary the end strength pursuant to subsection (a)(1)(A) for a fiscal year for the armed force or forces under the jurisdiction of that Secretary by a number not equal to more than 2 percent of such authorized end strength; and (B) vary the end strength pursuant to subsection (a)(2) for a fiscal year for the Selected Reserve of the reserve component of the armed force or forces under the jurisdiction of that Secretary by a number equal to nor more than 2 percent of such authorized end strength. ; and (B) in paragraph (2), by striking increase each place it appears and inserting variance . 403. Additional authority to vary Space Force end strength (a) In general Notwithstanding section 115(g) of title 10, United States Code, upon determination by the Secretary of the Air Force that such action would enhance manning and readiness in essential units or in critical specialties, the Secretary may vary the end strength authorized by Congress for each fiscal year as follows: (1) Increase the end strength authorized pursuant to section 115(a)(1)(A) for a fiscal year for the Space Force by a number equal to not more than 5 percent of such authorized end strength. (2) Decrease the end strength authorized pursuant to section 115(a)(1)(A) for a fiscal year for the Space Force by a number equal to not more than 10 percent of such authorized end strength. (b) Termination The authority provided under subsection (a) shall terminate on December 31, 2023. B Reserve forces 411. End strengths for Selected Reserve (a) In general The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2023, as follows: (1) The Army National Guard of the United States, 336,000. (2) The Army Reserve, 189,500. (3) The Navy Reserve, 57,700. (4) The Marine Corps Reserve, 33,000. (5) The Air National Guard of the United States, 108,400. (6) The Air Force Reserve, 70,000. (7) The Coast Guard Reserve, 7,000. (b) End strength reductions The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by— (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year. (c) End strength increases Whenever units or individual members of the Selected Reserve for any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members. 412. End strengths for reserves on active duty in support of the Reserves Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2023, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components: (1) The Army National Guard of the United States, 30,845. (2) The Army Reserve, 16,511. (3) The Navy Reserve, 10,077. (4) The Marine Corps Reserve, 2,388. (5) The Air National Guard of the United States, 25,333. (6) The Air Force Reserve, 6,003. 413. End strengths for military technicians (dual status) (a) In general The minimum number of military technicians (dual status) as of the last day of fiscal year 2023 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following: (1) For the Army National Guard of the United States, 22,294. (2) For the Army Reserve, 6,492. (3) For the Air National Guard of the United States, 10,994. (4) For the Air Force Reserve, 7,111. (b) Limitation on number of temporary military technicians (dual status) The number of temporary military technicians (dual-status) employed under the authority of subsection (a) may not exceed 25 percent of the total authorized number specified in such subsection. (c) Limitation Under no circumstances may a military technician (dual status) employed under the authority of this section be coerced by a State into accepting an offer of realignment or conversion to any other military status, including as a member of the Active, Guard, and Reserve program of a reserve component. If a military technician (dual status) declines to participate in such realignment or conversion, no further action will be taken against the individual or the individual’s position. 414. Maximum number of reserve personnel authorized to be on active duty for operational support During fiscal year 2023, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following: (1) The Army National Guard of the United States, 17,000. (2) The Army Reserve, 13,000. (3) The Navy Reserve, 6,200. (4) The Marine Corps Reserve, 3,000. (5) The Air National Guard of the United States, 16,000. (6) The Air Force Reserve, 14,000. C Authorization of appropriations 421. Military personnel (a) Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2023 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4401. (b) Construction of authorization The authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2023. V Military personnel policy A Officer personnel policy 501. Consideration of adverse information Section 628a(a)(1) of title 10, United States Code, is amended— (1) by inserting (A) before If the Secretary concerned ; and (2) by adding at the end the following new subparagraph: (B) Nothing in this section shall be construed to prevent a Secretary concerned from deferring consideration of adverse information concerning an officer subject to this section until the next regularly scheduled promotion board applicable to such officer, in lieu of furnishing such adverse information to a special selection review board under this section. . 502. Extension of time limitation for grade retention while awaiting retirement Section 601(b)(5) of title 10, United States Code, is amended by striking retirement, but not for more than 60 days. and inserting the following: “retirement, but— (A) subject to subparagraph (B), not for more than 60 days; and (B) with respect to an officer awaiting retirement following not less than one year of consecutive deployment outside of the United States to a combat zone (as defined in section 112(c) of the Internal Revenue Code of 1986) or in support of a contingency operation, not for more than 90 days. . 503. Realignment in Navy distribution of flag officers serving in the grades of O–8 and O–9 Section 525(a)(3) of title 10, United States Code, is amended— (1) in subparagraph (B), by striking 33 and inserting 34 ; and (2) in subparagraph (C), by striking 50 and inserting 49 . 504. Updating warrant officer selection and promotion authority (a) Convening of selection boards Section 573 of title 10, United States Code, is amended by adding at the end the following new subsection: (g) (1) Upon the request of a warrant officer, the Secretary of the military department with jurisdiction over the officer may exclude the officer from consideration by a selection board convened under this section to consider warrant officers for promotion to the next higher grade. (2) The Secretary concerned may approve a request of a warrant officer under paragraph (1) only if— (A) the basis for the request is to allow the officer to complete a deepening assignment in support of career progression, advanced education, another assignment of significant value to the Department of Defense, or a career progression requirement delayed by an assignment or education; (B) it is determined the exclusion from consideration is in the best interest of the military department concerned; and (C) the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration. . (b) Promotions: effect of failure of selection for Section 577 of title 10, United States Code, is amended by striking the period at the end of the second sentence and inserting , or a warrant officer excluded under section 573(g) of this title. . (c) Recommendation for promotion by selection boards Section 575 of title 10, United States Code, is amended by adding at the end the following new subsection: (e) (1) In selecting the warrant officers to be recommended for promotion, a selection board may, when authorized by the Secretary concerned, recommend warrant officers of particular merit, from among those warrant officers selected for promotion, to be placed higher on the promotion list contained in the board’s report under section 576(c) of this title. (2) A warrant officer may be recommended to be placed higher on a promotion list under paragraph (1) only if the warrant officer receives the recommendation of at least a majority of the members of the board, unless the Secretary concerned establishes an alternative requirement. Any such alternate requirement shall be furnished to the board as part of the guidelines furnished to the board under section 576 of this title. (3) For the warrant officers recommended to be placed higher on a promotion list under paragraph (1), the board shall recommend the order in which those warrant officers should be placed on the list. . (d) Information to be furnished to selection boards; selection procedures Section 576(c) of title 10, United States Code, is amended to read as follows: (c) A selection board convened under section 573(a) of this title shall, when authorized under section 575(e) of this title, include in its report to the Secretary concerned the names of those warrant officers recommended by the board to be placed higher on the promotion list and the order in which those officers should be placed on the list. The names of all other warrant officers recommended for promotion under this section shall be arranged in the board’s report in the order of seniority on the warrant officer active-duty list. . (e) Promotions: how made; effective date Section 578(a) of title 10, United States Code, is amended— (1) by striking , in the order of the seniority of such officers on the warrant officer active-duty list ; and (2) by adding at the end the following new sentence: Warrant officers of particular merit who were recommended by the board to be placed higher on the promotion list under section 576(c) of this title shall be listed first and, amongst themselves, in the order recommended by the board, followed by the other warrant officers approved for promotion in order of the seniority of such officers on the warrant officer active-duty list. . 505. Authorized strengths for Space Force officers on active duty in grades of major, lieutenant colonel, and colonel The table in subsection (a)(1) of section 523 of title 10, United States Code, is amended by inserting after the items relating to the Marine Corps new items relating to the total number of commissioned officers (excluding officers in categories specified in subsection (b) of such section) serving on active duty in the Space Force in the grades of major, lieutenant colonel, and colonel, respectively, as follows: 3,900 1,016 782 234 4,300 1,135 873 262 5,000 1,259 845 315 7,000 1,659 1,045 415 10,000 2,259 1,345 565 . 506. Repeal of requirement for Inspector General of the Department of Defense to conduct certain reviews Section 847(b) of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 10 U.S.C. 1701 note) is amended— (1) by striking Requirement.— and all that follows through Each request and inserting Requirement.— Each request ; and (2) by striking paragraph (2). 507. Modification of reports on Air Force personnel performing duties of a Nuclear and Missile Operations Officer (13N) Section 506(b) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 1682) is amended— (1) by redesignating paragraph (8) as paragraph (9); and (2) by inserting after paragraph (7) the following new paragraph (8): (8) A staffing plan for managing personnel within the 13N career field as the Air Force transitions from the Minuteman III weapon system to the Sentinel weapon system. . B Reserve component management 511. Authority to waive requirement that performance of Active Guard and Reserve duty at the request of a Governor may not interfere with certain duties (a) In general Section 328(b) of title 32, United States Code, is amended by adding at the end the following new subsection: (c) Waiver authority (1) Notwithstanding section 101(d)(6)(A) of title 10 and subsection (b) of this section, the Governor of a State or the Commonwealth of Puerto Rico, Guam, or the Virgin Islands, or the commanding general of the District of Columbia National Guard, as the case may be, may, at the request of the Secretary concerned, order a member of the National Guard to perform Active Guard and Reserve duty for purposes of performing training of the regular components of the armed forces as the primary duty. (2) Training performed under paragraph (1) must be in compliance with the requirements of section 502(f)(2)(B)(i) of this title. (3) No more than 100 personnel may be granted a waiver by a Secretary concerned under paragraph (1) at a time. (4) The authority under paragraph (1) shall terminate on October 1, 2024. . (b) Briefing on performance of training as primary duty Not later than March 1, 2023, the Secretary of the Army and the Secretary of the Air Force shall each submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing describing how many members of the National Guard are performing Active Guard and Reserve duty for purposes of performing training of the regular components of the Armed Forces as the primary duty. (c) Briefing on end strength requirements Not later than October 1, 2024, the Secretary of the Army and the Secretary of the Air Force shall each submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing outlining the end strength requirement going forward for Active Guard and Reserve forces of the National Guard impacted by subsection (c) of section 328(b) of title 32, United States Code, as added by subsection (a) of this section. 512. Selected Reserve and Ready Reserve order to active duty to respond to a significant cyber incident Section 12304 of title 10, United States Code, is amended— (1) in subsection (a) in the heading, by striking Authority and inserting Operational missions and certain other emergencies ; (2) by redesignating subsections (c) through (j) as subsections (d) through (k), respectively; (3) by inserting after subsection (b) the following new subsection: (c) Significant cyber incidents The Secretary of Defense may, without the consent of the member affected, order any unit, and any member not assigned to a unit organized to serve as a unit, of the Selected Reserve or Individual Ready Reserve to active duty for a continuous period of not more than 365 days when the Secretary of Defense determines it is necessary to augment the active forces for a Department of Defense response to a covered incident. ; (4) in paragraph (1) of subsection (d), as redesignated by paragraph (2) of this section, by inserting or subsection (c) after subsection (b) ; (5) in subsection (h) (as so redesignated)— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (B) by striking Whenever any and inserting (1) Whenever any ; and (C) by adding at the end the following new paragraph: (2) Whenever any unit of the Selected Reserve or any member of the Selected Reserve not assigned to a unit organized to serve as a unit, or any member of the Individual Ready Reserve, is ordered to active duty under authority of subsection (c), the service of all units or members so ordered to active duty may be terminated by— (A) order of the Secretary of Defense; or (B) law. ; and (6) in subsection (k) (as so redesignated)— (A) by redesignating paragraph (2) as paragraph (3); and (B) by inserting after paragraph (1) the following new paragraph: (2) The term covered incident means— (A) a cyber incident involving a Department of Defense information system or a breach of a Department of Defense system that involves personally identifiable information, that the Secretary of Defense determines is likely to result in demonstrable harm to the national security interests, foreign relations, or the economy of the United States, or to the public confidence, civil liberties, or public health and safety of the people of the United States; (B) a cyber incident or collection of related cyber incidents that are determined by the President to be likely to result in demonstrable harm to the national security interests, foreign relations, or economy of the United States or to the public confidence, civil liberties, or public health and safety of the people of the United States; or (C) a significant incident declared pursuant to section 2233 of the Homeland Security Act of 2002 ( 6 U.S.C. 677b ). . 513. Backdating of effective date of rank for reserve officers in the National Guard due to undue delays in Federal recognition Paragraph (2) of section 14308(f) of title 10, United States Code, is amended to read as follows: (2) If there is a delay in extending Federal recognition in the next higher grade in the Army National Guard or the Air National Guard to a reserve commissioned officer of the Army or the Air Force that exceeds 100 days from the date the National Guard Bureau determines such officer’s application for Federal recognition to be completely submitted by the State and ready for review at the National Guard Bureau, and the delay was not attributable to the action or inaction of such officer— (A) in the event of State promotion with an effective date before January 1, 2024, the effective date of the promotion concerned under paragraph (1) may be adjusted to a date determined by the Secretary concerned, but not earlier than the effective date of the State promotion; and (B) in the event of State promotion with an effective date on or after January 1, 2024, the effective date of the promotion concerned under paragraph (1) shall be adjusted by the Secretary concerned to the later of— (i) the date the National Guard Bureau deems such officer’s application for Federal recognition to be completely submitted by the State and ready for review at the National Guard Bureau; and (ii) the date on which the officer occupies a billet in the next higher grade. . 514. Independent study on Federal recognition process (a) Independent study (1) In general Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with a federally funded research and development center to conduct a study on the National Guard commissioned officer and warrant officer promotion system and provide recommendations to the Department of Defense, the Department of the Air Force, the Department of the Army, the National Guard Bureau, and individual State National Guard commands. (2) Elements The study referred to in paragraph (1) shall include a comprehensive review and assessment of the following: (A) Reasons for delays in processing personnel actions for Federal recognition of State National Guard member promotions. (B) The Federal recognition process used to extend Federal recognition to State promotions. (C) Best practices among the various State National Guards for managing their requirements under the existing National Guard promotion system. (D) Possible improvements to requirements, policies, procedures, workflow, or resources to reduce the processing time for Federal recognition of state promotions. (E) An assessment of the feasibility of developing or adopting a commercially available solution for an integrated enterprise information technology system for managing National Guard officer and warrant officer promotions that allows seamless transition for promotions as they move through review at the National Guard Bureau, the Department of the Army, the Department of the Air Force, and the Department of Defense. (F) Possible metrics to evaluate effectiveness of any recommendations made. (G) Possible remedies for undue delays in Federal recognition, including adjustment to the effective date of promotion beyond current statutory authorities. (H) Any other matters the federally funded research and development center determines relevant. (3) Report (A) In general The contract under paragraph (1) shall require the federally funded research and development center that conducts the study under the contract to submit to the Secretary of Defense, the Secretary of the Army, the Secretary of the Air Force, and the Chief of the National Guard Bureau a report on the results of the study. (B) Submission to Congress Upon receiving the report required under subparagraph (A), the Secretary of Defense shall submit an unedited copy of the report results to the congressional defense committees within 30 days of receiving the report from the federally funded research and development corporation. (b) Reporting requirement (1) In general Not later than one year after the date of the enactment of this Act, and annually thereafter until the date specified in paragraph (3), the Secretary of Defense, in consultation with the Secretary of the Army and the Secretary of the Air Force as appropriate, shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report detailing the current status of the Federal recognition process for National Guard promotions. (2) Elements The report required under paragraph (1) shall include the following elements: (A) An update on efforts to transition to fully digital processes in accordance with recommendations made pursuant to subsection (a). (B) The average processing time for personnel actions related to Federal recognition of reserve commissioned officer promotions in the Army and Air National Guards, respectively, including the time in days from the date at which the National Guard Bureau received the promotion until the date at which Federal recognition was granted. (C) The average time it took during the previous fiscal year to extend Federal recognition. (D) The number of Army and Air National Guard officers who experienced Federal recognition delays greater than 90 days in the previous fiscal year. (E) A summary of any additional resources or authorities needed to further streamline the Federal recognition processes to reduce average Federal recognition processing time to 90 days or fewer. (F) Any other information that the Secretaries concerned deem relevant. (3) Expiration of annual reporting requirement The date referred to in paragraph (1) is such time as the average processing time for personnel actions described under this subsection is reduced to 90 days or fewer for each of the Army and Air National Guards. 515. Continued National Guard support for FireGuard program (a) Required support through fiscal year 2028 Until September 30, 2028, the Secretary of Defense shall continue to support the FireGuard program with National Guard personnel, including personnel from the California National Guard and Colorado National Guard, to aggregate, analyze, and assess multi-source remote sensing information for interagency partnerships in the initial detection and monitoring of wildfires across the United States. (b) Notice and wait requirement after fiscal year 2028 Beginning on October 1, 2028, the Secretary of Defense may not reduce the support described under subsection (a), or transfer responsibility for such support to an interagency partner, until 30 days after the date on which the Secretary submits to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives written notice of the proposed change, and reasons for the change. 516. Inclusion of United States Naval Sea Cadet Corps among youth and charitable organizations authorized to receive assistance from the National Guard Section 508(d) of title 32, United States Code, is amended— (1) by redesignating paragraph (14) as paragraph (15); and (2) by inserting after paragraph (13) the following new paragraph: (14) The United States Naval Sea Cadet Corps. . C General service authorities and military records 521. Modernization of the Selective Service System (a) Reference Except as expressly provided otherwise, any reference in this section to a section or other provision shall be deemed to be a reference to that section or other provision of the Military Selective Service Act ( 50 U.S.C. 3801 et seq. ). (b) Purpose of selective service Subsection (b) of section 1 ( 50 U.S.C. 3801 ) is amended to read as follows: (b) The Congress declares that the security of the Nation requires that adequate military strength be achieved and maintained by ensuring a requisite number of personnel with the necessary capabilities to meet the diverse mobilization needs of the Department of Defense during a time of war. . (c) Solemnity of military service Section 3 ( 50 U.S.C. 3802 ) is amended by adding at the end the following: (c) Regulations prescribed pursuant to subsection (a) shall include methods to convey to every person required to register the solemn obligation for military service if called into training or service under this Act. . (d) Expanded registration to all Americans (1) Section 3(a) ( 50 U.S.C. 3802(a) ) is amended— (A) by striking male citizen and inserting citizen ; (B) by striking male person and inserting person ; (C) by striking present himself and inserting appear ; and (D) by striking so long as he and inserting so long as such alien . (2) Section 4(e) ( 50 U.S.C. 3803(e) ) is amended by striking enlisted men and inserting enlisted persons . (3) Section 5 ( 50 U.S.C. 3805 ) is amended— (A) in subsection (a)(1)— (i) by striking on account of race or color and inserting on any basis set forth in section 703(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2002e–2(a) ) ; and (ii) by striking call for men and inserting call for persons ; and (B) in subsection (b), by striking men each place it appears and inserting persons . (4) Section 6 ( 50 U.S.C. 3806 ) is amended— (A) in subsection (a)(1)— (i) by striking enlisted men and inserting enlisted persons ; and (ii) by striking accrue to him and inserting accrue to such alien ; and (B) in subsection (h)— (i) by striking (other than wives alone, except in cases of extreme hardship) ; and (ii) by striking wives and children and inserting spouses and children . (5) Section 10(b)(3) ( 50 U.S.C. 3809(b)(3) ) is amended by striking the President is requested and all that follows through race or national origin and inserting the President is requested to appoint the membership of each local board so that each board has both male and female members and, to the maximum extent practicable, it is proportionately representative of those registrants within its jurisdiction in each applicable basis set forth in section 703(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2002e–2(a) ), but no action by any board shall be declared invalid on the ground that such board failed to conform to such representation quota . (6) Section 16(a) ( 50 U.S.C. 3814(a) ) is amended by striking men and inserting persons . (e) Maintaining the health of the Selective Service System Section 10(a) ( 50 U.S.C. 3809(a) ) is amended by adding at the end the following new paragraph: (5) The Selective Service System shall conduct exercises periodically of all mobilization plans, systems, and processes to evaluate and test the effectiveness of such plans, systems, and processes. Once every 4 years, the exercise shall include the full range of internal and interagency procedures to ensure functionality and interoperability and may take place as part of the Department of Defense mobilization exercise under section 10208 of title 10, United States Code. The Selective Service System shall conduct a public awareness campaign in conjunction with each exercise to communicate the purpose of the exercise to the public. . (f) Technical and conforming amendments The Military Selective Service Act is amended— (1) in section 4 ( 50 U.S.C. 3803 )— (A) in subsection (a) in the third undesignated paragraph— (i) by striking his acceptability in all respects, including his and inserting such person’s acceptability in all respects, including such person's ; and (ii) by striking he may prescribe and inserting the President may prescribe ; (B) in subsection (c)— (i) in paragraph (2), by striking any enlisted member and inserting any person who is an enlisted member ; and (ii) in paragraphs (3), (4), and (5), by striking in which he resides and inserting in which such person resides ; (C) in subsection (g), by striking coordinate with him and inserting coordinate with the Director ; and (D) in subsection (k)(1), by striking finding by him and inserting finding by the President ; (2) in section 5(d) ( 50 U.S.C. 3805(d) ), by striking he may prescribe and inserting the President may prescribe ; (3) in section 6 ( 50 U.S.C. 3806 )— (A) in subsection (c)(2)(D), by striking he may prescribe and inserting the President may prescribe ; (B) in subsection (d)(3), by striking he may deem appropriate and inserting the President considers appropriate ; and (C) in subsection (h), by striking he may prescribe each place it appears and inserting the President may prescribe ; (4) in section 10 ( 50 U.S.C. 3809 )— (A) in subsection (b)— (i) in paragraph (3)— (I) by striking He shall create and inserting The President shall create ; and (II) by striking upon his own motion and inserting upon the President’s own motion ; (ii) in paragraph (4), by striking his status and inserting such individual’s status ; and (iii) in paragraphs (4), (6), (8), and (9), by striking he may deem each place it appears and inserting the President considers ; and (B) in subsection (c), by striking vested in him and inserting vested in the President ; (5) in section 13(b) ( 50 U.S.C. 3812(b) ), by striking regulation if he and inserting regulation if the President ; (6) in section 15 ( 50 U.S.C. 3813 )— (A) in subsection (b), by striking his each place it appears and inserting the registrant’s ; and (B) in subsection (d), by striking he may deem and inserting the President considers ; (7) in section (16)(g) ( 50 U.S.C. 3814(g) )— (A) in paragraph (1), by striking who as his regular and customary vocation and inserting who, as such person’s regular and customary vocation, ; and (B) in paragraph (2)— (i) by striking one who as his customary vocation and inserting a person who, as such person’s customary vocation, ; and (ii) by striking he is a member and inserting such person is a member ; (8) in section (18)(a) ( 50 U.S.C. 3816(a) ), by striking he is authorized and inserting the President is authorized ; (9) in section 21 ( 50 U.S.C. 3819 )— (A) by striking he is sooner and inserting sooner ; (B) by striking he each subsequent place it appears and inserting such member ; and (C) by striking his consent and inserting such member’s consent ; (10) in section 22(b) ( 50 U.S.C. 3820(b) ), in paragraphs (1) and (2), by striking his each place it appears and inserting the registrant’s ; and (11) except as otherwise provided in this section— (A) by striking he each place it appears and inserting such person ; (B) by striking his each place it appears and inserting such person’s ; (C) by striking him each place it appears and inserting such person ; and (D) by striking present himself each place it appears in section 12 ( 50 U.S.C. 3811 ) and inserting appear . (g) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act, except that the amendments made by subsection (d) shall take effect 1 year after such date of enactment. 522. Prohibition on induction under the Military Selective Service Act without express authorization Section 9 of the Military Selective Service Act ( 50 U.S.C. 3809 ) is amended by adding at the end the following new subsection: (i) No person shall be inducted for training and service in the Armed Forces under this title unless Congress first passes and there is enacted a law expressly authorizing such induction into service. . 523. Extension of temporary authority for targeted recruitment incentives Section 522(h) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 503 ) is amended— (1) by striking the semicolon and inserting a comma; and (2) by striking 2020 and inserting 2025 . 524. Home leave demonstration program (a) In general During the period specified in subsection (f), the Secretary of a military department may reimburse an eligible member of the armed forces for the cost of airfare for that member to travel to the home of record of the member. (b) Eligible members A member of the armed forces is eligible for a reimbursement under subsection (a) with respect to travel described in that subsection if— (1) the member— (A) is assigned to a duty location in Alaska; and (B) as of any date during the period specified in subsection (f), has been assigned to a duty location in Alaska for a period of one year or more; (2) after an evaluation of the member by a mental health provider, that provider recommends, in writing, that the member use leave to which the member is entitled under section 704 of title 10, United States Code, to travel away from Alaska for the health and well-being of the member; and (3) an officer with the grade of O–6 or higher in the chain of command of the member authorizes the travel of the member. (c) Treatment of time as leave The time during which a member who receives a reimbursement under subsection (a) with respect to travel described in that subsection is absent from duty for such travel shall be treated as leave for purposes of section 704 of title 10, United States Code. (d) Authorized destination Reimbursement under subsection (a) is authorized only for the cost of airfare for a member to travel to the home of record of the member. If a member travels to any other location pursuant to an authorization under subsection (b), the amount the member is reimbursed under subsection (a) may not exceed the cost the member would have incurred for airfare if the member had traveled to the home of record of the member. (e) Briefing required Not later than February 1, 2024, the Secretary shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the use and effectiveness of reimbursements authorized by subsection (a). (f) Period specified The period specified in this subsection is the period— (1) beginning on the date of the enactment of this Act; and (2) ending on December 31, 2023. (g) Mental health provider defined In this section, the term mental health provider means— (1) a health care provider of the Department of the Defense at a facility of the Department; or (2) a non-Departmental health care provider (as defined in section 717 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 129 Stat 868; 10 U.S.C. 1073 note)). 525. Prohibition on considering State laws and regulations when determining individual duty assignments The Secretary of Defense may not use the agreement or disagreement of a member of the Armed Forces with the State laws and regulations applicable to any duty station when determining the duty assignment of the member. 526. Modification to limitations on discharge or release from active duty Section 1168(a) of title 10, United States Code, is amended by striking A member of an armed force and inserting A member of an active or reserve component of an armed force . 527. Sex-neutral high fitness standards for Army combat Military Occupational Specialties Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall— (1) establish sex-neutral fitness standards for combat Military Occupational Specialties (MOSs) that are higher than those for non-combat MOSs; and (2) provide a briefing to the Committee on Armed Services of the Senate and the Committee on Armed Service of the House of Representatives describing— (A) the list of combat MOSs established for purposes of paragraph (1); and (B) the methodology used to determine whether to include a MOS on such list. D Military justice and other legal matters 541. Briefing and report on resourcing required for implementation of military justice reform (a) Briefing and report required (1) Briefing Not later than March 1, 2023, and no less frequently than once every 180 days thereafter through December 31, 2024, each Secretary concerned shall provide to the appropriate congressional committees a briefing that details the resourcing necessary to implement subtitle D of title V of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ) and the amendments made by that subtitle. (2) Report Not later than one year after the date of the enactment of this Act, each Secretary concerned shall submit to the appropriate congressional committees a report that details the resourcing necessary to implement subtitle D of title V of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ) and the amendments made by that subtitle. (3) Form of briefing and report The Secretaries concerned may provide the briefings and report required under paragraphs (1) and (2) jointly, or separately, as determined appropriate by such Secretaries. (b) Elements The briefing and report required under subsection (a) shall address the following: (1) The number of personnel and personnel authorizations (military and civilian) required by the Armed Forces to implement and execute the provisions of subtitle D of title V of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ) and the amendments made by that subtitle. (2) The basis for the numbers provided pursuant to paragraph (1), including the following: (A) A description of the organizational structure in which such personnel or groups of personnel are or will be aligned. (B) The nature of the duties and functions to be performed by any such personnel or groups of personnel across the domains of policy-making, execution, assessment, and oversight. (C) The optimum caseload goal assigned to the following categories of personnel who are or will participate in the military justice process: criminal investigators of different levels and expertise, laboratory personnel, defense counsel, special trial counsel, military defense counsel, military judges, military magistrates, and paralegals. (D) Any required increase in the number of personnel currently authorized in law to be assigned to the Armed Force concerned. (3) The nature and scope of any contract required by the Armed Force concerned to implement and execute the provisions of subtitle D of title V of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ) and the amendments made by that subtitle. (4) The amount and types of additional funding required by the Armed Force concerned to implement the provisions of subtitle D of title V of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ) and the amendments made by that subtitle. (5) Any additional authorities required to implement the provisions of subtitle D of title V of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ) and the amendments made by that subtitle. (6) Any additional information the Secretary concerned determines is necessary to ensure the manning, equipping, and resourcing of the Armed Forces to implement and execute the provisions of subtitle D of title V of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ) and the amendments made by that subtitle. (c) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, and the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services, the Committee on Transportation and Infrastructure, and the Committee on Appropriations of the House of Representatives. (2) Secretary concerned The term Secretary concerned has the meaning given that term in section 101(a) of title 10, United States Code. 542. Randomization of court-martial panels (a) In general Section 825(e) of title 10, United States Code (article 25(e) of the Uniform Code of Military Justice), is amended by adding at the end the following new paragraph: (4) When convening a court-martial, the convening authority shall detail as members thereof members of the armed forces under such regulations as the President may prescribe for the randomized selection of qualified personnel, to the maximum extent practicable. . (b) Regulations Not later than 2 years after the date of the enactment of this Act, the President shall prescribe regulations implementing the requirement under paragraph (4) of section 825(e) of title 10, United States Code (article 25(e) of the Uniform Code of Military Justice), as added by subsection (a). 543. Matters in connection with special trial counsel (a) Definition of covered offense (1) In general Paragraph (17)(A) of section 801 of title 10, United States Code (article 1 of the Uniform Code of Military Justice), as added by section 533 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 1695), is amended— (A) by striking section 920 (article 120) and inserting section 919a (article 119a), section 919b (article 119b), section 920 (article 120), section 920a (article 120a) ; and (B) by striking the standalone offense of child pornography and inserting the standalone offenses of child pornography, indecent conduct, indecent language to a child under the age of 16, and pandering and prostitution . (2) Effective date The amendments made by paragraph (1) shall— (A) take effect on the date that is two years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ); and (B) apply with respect to any offenses that occur after that date. (b) Residual prosecutorial duties and other judicial functions of convening authorities in covered cases The President shall prescribe regulations to ensure that residual prosecutorial duties and other judicial functions of convening authorities, including but not limited to granting immunity, ordering depositions, and hiring experts, with respect to charges and specifications over which a special trial counsel exercises authority pursuant to section 824a of title 10, United States Code (article 24a of the Uniform Code of Military Justice), are transferred to the military judge, the special trial counsel, or other authority as appropriate in such cases by no later than the effective date established in section 539C of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 801 note), in consideration of due process for all parties involved in such a case. (c) Amendment to the Rules for Courts-Martial The President shall prescribe in regulation such modifications to Rule 813 of the Rules for Courts-Martial and other Rules as appropriate to ensure that at the beginning of each court-martial convened, the presentation of orders does not in open court specify the name, rank, or position of the convening authority convening such court, unless such convening authority is the Secretary concerned, the Secretary of Defense, or the President. (d) Briefing required Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and the House of Representatives on the progress of the Department of Defense in implementing this section, including an identification of— (1) the duties to be transferred under subsection (b); (2) the positions to which those duties will be transferred; and (3) any provisions of law or Rules for Courts Martial that must be amended or modified to fully complete the transfer. (e) Additional reporting relative to implementation of subtitle D of title V of the National Defense Authorization Act for Fiscal Year 2022 Not later than February 1, 2025, and annually thereafter for five years, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report assessing the holistic effect of the reforms contained in subtitle D of title V of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ) on the military justice system. The report shall include the following elements: (1) An overall assessment of the effect such reforms have had on the military justice system and the maintenance of good order and discipline in the ranks. (2) The percentage of caseload and courts-martial assessed as meeting, or having been assessed as potentially meeting, the definition of covered offense , disaggregated by offense and military service where possible. (3) An assessment of prevalence and data concerning disposition of cases by commanders after declination of prosecution by special trial counsel, disaggregated by offense and military service when possible. (4) Assessment of the effect, if any, the reforms contained in such subtitle have had on non-judicial punishment concerning covered and non-covered offenses. (5) A description of the resources and personnel required to maintain and execute the reforms made by such subtitle during the reporting period relative to fiscal year 2022. (6) A description of any other factors or matters considered by the Secretary to be important to a holistic assessment of these reforms on the military justice system. 544. Jurisdiction of Courts of Criminal Appeals (a) Jurisdiction Section 866 of title 10, United States Code (article 66 of the Uniform Code of Military Justice), is amended— (1) in subsection (b)(1), by striking shall have jurisdiction over and all that follows through the period at the end of subparagraph (D) and inserting the following: “shall have jurisdiction over— (A) a timely appeal from the judgment of a court-martial, entered into the record under section 860c(a) of this title (article 60c(a)), that includes a finding of guilty; and (B) a summary court-martial case in which the accused filed an application for review with the Court under section 869(d)(1)(B) of this title (article 69(d)(1)(B)) and for which the application has been granted by the Court. ; and (2) in subsection (c), by striking is timely if and all that follows through the period at the end of paragraph (2) and inserting the following: “is timely if— (1) in the case of an appeal under subparagraph (A) of such subsection, it is filed before the later of— (A) the end of the 90-day period beginning on the date the accused is provided notice of appellate rights under section 865(c) of this title (article 65(c)); and (B) the date set by the Court of Criminal Appeals by rule or order; and (2) in the case of an appeal under subparagraph (B) of such subsection, an application for review with the Court is filed not later than the earlier of the dates established under section 869(d)(2)(B) of this title (article 69(d)(2)(B)). . (b) Review by Judge Advocate General Section 869 of title 10, United States Code (article 69 of the Uniform Code of Military Justice) is amended— (1) by amending subsection (a) to read as follows: (a) In general Upon application by the accused or receipt of the record pursuant to section 864(c)(3) of this title (article 64(c)(3)) and subject to subsections (b), (c), and (d), the Judge Advocate General may— (1) with respect to a summary court-martial, modify or set aside, in whole or in part, the findings and sentence; or (2) with respect to a general or special court-martial, order such court-martial to be reviewed under section 866 of this title (article 66). ; and (2) in subsection (b)— (A) by inserting (1) before To qualify ; and (B) by striking not later than one year after and all that follows through the period at the end and inserting the following: “not later than— (A) for a summary court-martial, one year after the date of completion of review under section 864 of this title (article 64); or (B) for a general or special court-martial, one year after the end of the 90-day period beginning on the date the accused is provided notice of appellate rights under section 865(c) of this title (article 65(c)), unless the accused submitted a waiver or withdrawal of appellate review under section 861 of this title (article 61) before being provided notice of appellate rights, in which case the application must be submitted to the Judge Advocate General not later than one year after the entry of judgment under section 860c of this title (article 60c). (2) The Judge Advocate General may, for good cause shown, extend the period for submission of an application, but may not consider an application submitted more than three years after the completion date referred to in paragraph (1)(A). ; (3) in subsection (c)— (A) in paragraph (1)(A), by striking section 864 or 865(b) of this title (article 64 or 65(b)) and inserting section 864 of this title (article 64) ; and (B) in paragraph (2), by striking the Judge Advocate General shall order appropriate corrective action under rules prescribed by the President and inserting the Judge Advocate General shall send the case to the Court of Criminal Appeals ; and (4) in subsection (d)(1), by striking under subsection (c)— and all that follows through (B) in a case submitted and inserting under subsection (c)(1) in a case submitted . (c) Waiver of right to appeal; withdrawal of appeal Section 861(d) of title 10, United States Code (article 61(d) of the Uniform Code of Military Justice), is amended by striking A waiver and inserting Except as provided by section 869(c)(2) of this title (article 69(c)(2)), a waiver . 545. Special trial counsel (a) Technical corrections Section 824a(c)(3) of title 10, United States Code (article 24A(c)(3) of the Uniform Code of Military Justice), is amended— (1) by striking Subject to paragraph (4) and inserting Subject to paragraph (5) ; and (2) in subparagraph (D), by striking an ordered rehearing and inserting an authorized rehearing . (b) Effective date The amendments made by subsection (a) shall take effect immediately after the coming into effect of the amendments made by section 531 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ) as provided in section 539C of that Act. 546. Exclusion of officers serving as lead special trial counsel from limitations on authorized strengths for general and flag officers During the two-year period beginning on the date of the enactment of this Act, the limitations in section 526a(a) of title 10, United States Code, shall not apply to a general or flag officer serving in the position of lead special trial counsel pursuant to an appointment under section 1044f(a)(2) of such title. 547. Special trial counsel of Department of the Air Force (a) In general Section 1044f of title 10, United States Code, is amended— (1) in subsection (a), in the matter preceding paragraph (1), by striking The policies shall and inserting Subject to subsection (c), the policies shall ; (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following new subsection: (c) Special trial counsel of department of the Air Force In establishing policies under subsection (a), the Secretary of Defense shall— (1) in lieu of providing for separate offices for the Air Force and Space Force under subsection (a)(1), provide for the establishment of a single dedicated office from which office the activities of the special trial counsel of the Department of the Air Force shall be supervised and overseen; and (2) in lieu of providing for separate lead special trial counsels for the Air Force and Space Force under subsection (a)(2), provide for the appointment of one lead special trial counsel who shall be responsible for the overall supervision and oversight of the activities of the special trial counsel of the Department of the Air Force. . (b) Effective date The amendments made by subsection (a) shall take effect immediately after the coming into effect of the amendments made by section 532 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 1694) as provided in section 539C of such Act ( 10 U.S.C. 801 note). 548. Restricted reporting option for Department of Defense civilian employees choosing to report experiencing adult sexual assault (a) In general Chapter 81 of title 10, United States Code, is amended by adding at the end the following new section: 1599j. Restricted reports of incidents of adult sexual assault (a) Restricted reports The Secretary of Defense may provide a civilian employee of the Department of Defense an opportunity to submit to an individual described in subsection (d) a restricted report of an alleged incident of adult sexual assault for the purpose of assisting the employee in obtaining information and access to authorized victim support services provided by the Department. (b) Restrictions on disclosures and initiating investigations Unless the Secretary determines that a disclosure is necessary to prevent or mitigate a serious and imminent safety threat to the employee submitting the report or to another person, a restricted report submitted pursuant to subsection (a) shall not— (1) be disclosed to the supervisor of the employee or any other management official; or (2) cause the initiation of a Federal civil or criminal investigation. (c) Duties under other laws The receipt of a restricted report submitted under subsection (a) shall not be construed as imputing actual or constructive knowledge of an alleged incident of sexual assault to the Department of Defense for any purpose. (d) Individuals authorized to receive restricted reports An individual described in this subsection is an individual who performs victim advocate duties under a program for one or more of the following purposes (or any other program designated by the Secretary): (1) Sexual assault prevention and response. (2) Victim advocacy. (3) Equal employment opportunity. (4) Workplace violence prevention and response. (5) Employee assistance. (6) Family advocacy. (e) Definitions In this section: (1) Civilian employee The term civilian employee has the meaning given the term employee in section 2105 of title 5. (2) Sexual assault The term sexual assault has the meaning given that term in Article 120, Uniform Code of Military Justice ( 10 U.S.C. 920 ), and includes penetrative offenses and sexual contact offenses. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 1599j. Restricted reports of incidents of adult sexual assault. . 549. Improvements to Department of Defense tracking of and response to incidents of child abuse, adult crimes against children, and serious harmful behavior between children and youth involving military dependents on military installations (a) Expansion of database Section 549B(b)(2)(A) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 1787 ) is amended— (1) by striking problematic sexual behavior in children and youth and inserting incidents ; and (2) by striking , regardless of whether the alleged offender was another child, an adult, or someone in a noncaregiving role at the time of the incident . (b) Response procedures for incidents of serious harm to children Subsection (c) of such section is amended— (1) in the subsection heading, by striking reported to family advocacy programs ; (2) by redesignating paragraph (1) as subparagraph (A) and moving such subparagraph, as so redesignated, 2 ems to the right; (3) by inserting before subparagraph (A), as so redesignated, the following: (1) Response groups ; (4) by inserting after subparagraph (A), as so redesignated, the following new subparagraph: (B) Serious harmful behaviors between children and youth multidisciplinary team The Secretary of Defense shall establish guidance for each Serious Harmful Behaviors Between Children and Youth Multidisciplinary Team, as defined in paragraph (8), on a military installation to address reported incidents of serious harmful behaviors between children and youth, as described in subsection (a)(2)(C). ; (5) in paragraph (2)A)— (A) by striking shall develop a standardized process by which the Family Advocacy Programs and inserting the following: “shall develop standardized processes by which— (i) the Family Response Programs ; (B) by inserting under subsection (a)(2)(A) and (a)(2)(B) after reported covered incidents of serious harm to children ; and (C) by striking Incident Determination Committee. and inserting the following: “Incident Determination Committee; and (ii) military departments screen incidents of serious harmful behavior between children and youth under subsection (a)(2)(C) to determine whether to convene the Serious Harmful Behavior Between Children and Youth Multidisciplinary Team. ; (6) in paragraph (7), by inserting , as described in subsection (a)(2)(A) and (a)(2)(B), after reported incidents of child abuse ; and (7) by adding at the end the following new paragraph: (8) Serious Harmful Behaviors Between Children and Youth Multidisciplinary Team defined In this subsection, the term Serious Harmful Behaviors Between Children and Youth Multidisciplinary Team means a coordinated community response team on a military installation— (A) composed of designated members with the requisite experience, qualifications, and skills to address serious harmful behaviors between children and youth from a developmentally appropriate and trauma-informed perspective; and (B) with objectives that include development of procedures for information sharing, collaborative and coordinated response, restorative resolution, effective investigations and assessments, evidence-based clinical interventions and rehabilitation, and prevention of serious harmful behavior between children and youth. . 550. Primary prevention (a) Annual primary prevention research agenda Section 549A(c) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ) is amended— (1) by redesignating paragraphs (2), (3), and (4) as paragraphs (5), (6), and (7), respectively; (2) by inserting after paragraph (1) the following new paragraphs: (2) include a focus on whether and to what extent sub-populations of the military community may be targeted for interpersonal violence more than others; (3) seek to identify factors that influence the prevention, perpetration, and victimization of interpersonal and self-directed violence; (4) seek to improve the collection and dissemination of data on hazing and bullying related to interpersonal and self-directed violence; ; and (3) in paragraph (6), as redesignated by paragraph (1) of this section, by amending the text to read as follows: (6) incorporate collaboration with other Federal departments and agencies, including the Department of Health and Human Services and the Centers for Disease Control and Prevention, State governments, academia, industry, Federally funded research and development centers, nonprofit organizations, and other organizations outside of the Department of Defense, including civilian institutions that conduct similar data-driven studies, collection, and analysis; and . (b) Primary Prevention Workforce Section 549B of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ) is amended— (1) in subsection (c), by adding at the end the following new paragraph: (3) Comptroller general report Not later than one year after the date of the enactment of this paragraph, the Comptroller General of the United States shall submit to the congressional defense committees a report comparing the sexual harassment and prevention training of the Department of Defense with similar programs at other Federal departments and agencies and including data collected by colleges and universities and other relevant outside entities. ; and (2) by adding at the end the following new subsection: (e) Incorporation of research and findings The Primary Prevention Workforce established under subsection (a) shall, on a regular basis, incorporate findings and conclusions from the primary prevention research agenda established under section 549A, as appropriate, into the work of the workforce. . 551. Dissemination of civilian legal services information Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall ensure, through the Sexual Assault Prevention and Response Office, the coordinated distribution and referral of information on the availability of resources provided by civilian legal service organizations to military-connected sexual assault victims. E Member education, training, and transition 561. Review of certain Special Operations personnel policies (a) Review required Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall require the military departments and the United States Special Operations Command to complete a review and appropriately update departmental guidance and processes consistent with section 167(e)(2)(J) of title 10 , United States Code, with respect to the authority of the Commander of the United States Special Operations Command to monitor the promotions of special operations forces and coordinate with the military departments regarding the assignment, retention, training, professional military education, and special and incentive pays of special operations forces. (b) Elements of review The review and updates to departmental guidance and processes required under subsection (a) shall address the respective roles of the military departments and the United States Special Operations Command with respect to— (1) the recruiting, retention, professional military education, and promotion of special operations personnel; (2) the sharing of personnel data between the military departments and the United States Special Operations Command; and (3) any other matters the Secretary of Defense determines necessary. (c) Report required Not later than 90 days after the completion of the review and updates to departmental guidance and processes required under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report on the review and any resulting updates to departmental guidance and processes. The report shall also include any recommended changes to law or resources deemed appropriate by the Secretary. 562. Expanded eligibility to provide Junior Reserve Officers' Training Corps (JROTC) instruction Section 2031 of title 10, United States Code, is amended— (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (2) by inserting after subsection (e) the following new subsection: (f) (1) Instead of, or in addition to, detailing officers and noncommissioned officers on active duty under subsection (c)(1) and authorizing the employment of retired officers and noncommissioned officers who are in receipt of retired pay and members of the Fleet Reserve and Fleet Marine Corps Reserve under subsections (d) and (e), the Secretary of the military department concerned may authorize qualified institutions to employ as administrators and instructors in the program certain officers and noncommissioned officers who— (A) (i) are separated under honorable conditions within the past 5 years with at least 8 years of service, or (ii) are active participating members of the selected reserve at the time of application, for purposes of section 101(d) of this title, and have not yet reached retirement eligibility; and (B) are approved by the Secretary and the institution concerned and who request such employment. (2) Employment under this subsection shall be subject to the following conditions: (A) The Secretary concerned shall pay to the institution an amount equal to one-half of the Department’s prescribed JROTC Instructor Pay Scale amount paid to the member by the institution for any period. (B) The Secretary concerned may pay to the institution more than one-half of the amount paid to the member by the institution if (as determined by the Secretary)— (i) the institution is in an educationally and economically deprived area; and (ii) the Secretary determines that such action is in the national interest. (C) Payments by the Secretary concerned under this subsection shall be made from funds appropriated for that purpose. (D) The Secretary concerned may require successful applicants to transfer to the Individual Ready Reserve (IRR). . 563. Pre-service education demonstration program (a) Pre-service education demonstration program authorized The Secretary of each military department may establish and carry out a demonstration program to determine the advisability and feasibility of paying all or a portion of the charges of an education institution for the tuition of an individual who is enrolled in such educational institution for a technical or vocational degree, certificate, or certification program to meet a critical need in that military department. (b) Eligibility The Secretary shall limit eligibility under the program to individuals who meet the following criteria: (1) Must be between the age of 17 and 25. (2) Must be a category I recruit. (3) Must sign a written agreement consenting to the requirements under subsection (c). (c) Demonstration program requirements Under regulations prescribed by the Secretary concerned, each demonstration program created under this section shall adhere to the following requirements: (1) The educational program authorized under subsection (a) may not exceed a period of 3 years. (2) Funds may not be provided under the program to an eligible individual unless the individual signs an enlistment contract for active duty military service upon the completion of the educational program for which the funds were provided. (3) Individuals participating in the demonstration program shall be evaluated annually to ensure continued eligibility for military service. (4) Individuals participating in the program shall be required to enroll in an ongoing, pre-service course of instruction in order to prepare such individuals for military service and ensure their continued fitness and eligibility for service. The course of instruction may be administered either remotely or in-person, as the Secretary shall direct. The pre-service instruction shall be concurrent with the degree program authorized pursuant to subsection (a). (5) Individuals who do not maintain eligibility for military service may be required to repay any funds provided by the Secretary concerned under this program, as the Secretary shall direct. (d) Report For any demonstration programs initiated under this section, the Secretary concerned shall submit an annual report to the Committees on Armed Services of the Senate and the House of Representatives that includes— (1) a description of the demonstration program; (2) a statement of the goals or anticipated outcomes of the demonstration program; (3) a description of the method and metrics used to evaluate the effectiveness of this demonstration program; and (4) any other matters the Secretary concerned determines relevant. (e) Sunset The authority under this section expires on October 1, 2028. F Military family readiness and dependents' education 571. Certain assistance to local educational agencies that benefit dependents of military and civilian personnel (a) Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees (1) Assistance to schools with significant numbers of military dependent students Of the amount authorized to be appropriated for fiscal year 2023 by section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $50,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 ; 20 U.S.C. 7703b ). (2) Local educational agency defined In this subsection, the term local educational agency has the meaning given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7713(9) ). (b) Impact aid for children with severe disabilities (1) In general Of the amount authorized to be appropriated for fiscal year 2023 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $10,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398 ; 114 Stat. 1654A–77; 20 U.S.C. 7703a ). (2) Additional amount Of the amount authorized to be appropriated for fiscal year 2023 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $10,000,000 shall be available for use by the Secretary of Defense to make payments to local educational agencies determined by the Secretary to have higher concentrations of military children with severe disabilities. (3) Report Not later than March 31, 2023, the Secretary shall brief the Committees on Armed Services of the Senate and the House of Representatives on the Department’s evaluation of each local educational agency with higher concentrations of military children with severe disabilities and subsequent determination of the amounts of impact aid each such agency shall receive. 572. Assistance to local educational agencies that benefit dependents of members of the Armed Forces with enrollment changes due to base closures, force structure changes, or force relocations (a) Assistance authorized To assist communities in making adjustments resulting from changes in the size or location of the Armed Forces, the Secretary of Defense shall provide financial assistance to an eligible local educational agency described in subsection (b) if, during the period between the end of the school year preceding the fiscal year for which the assistance is authorized and the beginning of the school year immediately preceding that school year, the local educational agency— (1) had (as determined by the Secretary of Defense in consultation with the Secretary of Education) an overall increase or reduction of— (A) not less than five percent in the average daily attendance of military dependent students in the schools of the local educational agency; or (B) not less than 500 military dependent students in average daily attendance in the schools of the local educational agency; or (2) is projected to have an overall increase, between fiscal years 2023 and 2028, of not less than 500 military dependent students in average daily attendance in the schools of the local educational agency as the result of a signed record of decision. (b) Eligible local educational agencies A local educational agency is eligible for assistance under subsection (a) for a fiscal year if— (1) 20 percent or more of students enrolled in schools of the local educational agency are military dependent students; and (2) in the case of assistance described in subsection (a)(1), the overall increase or reduction in military dependent students in schools of the local educational agency is the result of one or more of the following: (A) The global rebasing plan of the Department of Defense. (B) The official creation or activation of one or more new military units. (C) The realignment of forces as a result of the base closure process. (D) A change in the number of housing units on a military installation. (E) A signed record of decision. (c) Calculation of amount of assistance (1) Pro rata distribution The amount of the assistance provided under subsection (a) to a local educational agency that is eligible for such assistance for a fiscal year shall be equal to the product obtained by multiplying— (A) the per-student rate determined under paragraph (2) for that fiscal year; by (B) the net of the overall increases and reductions in the number of military dependent students in schools of the local educational agency, as determined under subsection (a). (2) Per-student rate For purposes of paragraph (1)(A), the per-student rate for a fiscal year shall be equal to the dollar amount obtained by dividing— (A) the total amount of funds made available for that fiscal year to provide assistance under subsection (a); by (B) the sum of the overall increases and reductions in the number of military dependent students in schools of all eligible local educational agencies for that fiscal year under that subsection. (3) Maximum amount of assistance A local educational agency may not receive more than $15,000,000 in assistance under subsection (a) for any fiscal year. (d) Duration Assistance may not be provided under subsection (a) after September 30, 2028. (e) Notification Not later than June 30, 2023, and June 30 of each fiscal year thereafter for which funds are made available to carry out this section, the Secretary of Defense shall notify each local educational agency that is eligible for assistance under subsection (a) for that fiscal year of— (1) the eligibility of the local educational agency for the assistance; and (2) the amount of the assistance for which the local educational agency is eligible. (f) Disbursement of funds The Secretary of Defense shall disburse assistance made available under subsection (a) for a fiscal year not later than 30 days after the date on which notification to the eligible local educational agencies is provided pursuant to subsection (e) for that fiscal year. (g) Briefing required Not later than March 1, 2023, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and the House of Representatives on the estimated cost of providing assistance to local educational agencies under subsection (a) through September 30, 2028. (h) Funding for fiscal year 2023 Of the amount authorized to be appropriated by this Act for operation and maintenance for Defense-wide activities $15,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a). (i) Eligible uses Amounts disbursed to a local education agency under subsection (f) may be used by such local educational agency for— (1) general fund purposes; (2) special education; (3) school maintenance and operation; (4) school expansion; or (5) new school construction. (j) Definitions In this section: (1) Base closure process The term base closure process means any base closure and realignment process conducted after the date of the enactment of this Act under section 2687 of title 10, United States Code, or any other similar law enacted after that date. (2) Local educational agency The term local educational agency has the meaning given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7713(9) ). (3) Military dependent students The term military dependent students means— (A) elementary and secondary school students who are dependents of members of the Armed Forces; and (B) elementary and secondary school students who are dependents of civilian employees of the Department of Defense. (4) State The term State means each of the 50 States and the District of Columbia. 573. Pilot program on hiring of special education inclusion coordinators for Department of Defense child development centers (a) In general The Secretary of Defense, in coordination with the Secretaries of the military departments, shall carry out a pilot program to hire special education inclusion coordinators at child development centers selected by the Secretary under subsection (b). (b) Selection of centers The Secretary of Defense shall select the child development centers at which the pilot program required by subsection (a) will be carried out based on— (1) the number of dependent children enrolled in the Exceptional Family Member Program at the military installation on which the center in located; (2) the number of children with special needs enrolled in the center; and (3) such other considerations as the Secretary, in consultation with the Secretaries of the military departments, considers appropriate. (c) Functions Each special education inclusion coordinator assigned to a child development center under the pilot program required by subsection (a) shall— (1) coordinate intervention and inclusion services at the center; (2) provide direct classroom support; and (3) provide guidance and assistance relating to the increased complexity of working with the behaviors of children with special needs. (d) Briefings required (1) Briefing on anticipated costs Not later than March 1, 2023, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the anticipated costs for the pilot program required by subsection (a). (2) Briefing on effectiveness of program Not later than September 30, 2025, the Secretary of Defense shall submit provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the pilot program required by subsection (a) that includes— (A) the number of special education inclusion coordinators hired under the pilot program; (B) a description of any issues relating to the retention of those coordinators; (C) a recommendation with respect to whether the pilot program should be made permanent or expanded to other military installations; and (D) an assessment of the amount of funding required to make the pilot program permanent or expand the pilot program to other military installations, as the Secretary recommends under subparagraph (C). (e) Duration of pilot program The pilot program required by subsection (a) shall— (1) commence not later than January 1, 2024; and (2) terminate on December 31, 2026. (f) Child development center defined In this section, the term child development center has the meaning given that term in section 2871(2) of title 10, United States Code, and includes a facility identified as a child care center or day care center. 574. Extension of and report on pilot program to expand eligibility for enrollment at domestic dependent elementary and secondary schools (a) In general Section 589C(e) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 2164 note) is amended by striking four years after the date of the enactment of this Act and inserting on July 1, 2029 . (b) Report required (1) In general Not later than December 31, 2028, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the conduct of the pilot program under section 589C(e) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 2164 note). (2) Elements The report required by paragraph (1) shall include a description of— (A) the locations at which the pilot program described in paragraph (1) is carried out; (B) the number of students participating in the program for each academic year by location; and (C) the outcome measures used to gauge the value of the program to the Department of Defense. G Decorations and awards, miscellaneous reports, and other matters 581. Temporary exemption from end strength grade restrictions for the Space Force Sections 517 and 523 of title 10, United States Code, shall not apply to the Space Force until January 1, 2024. 582. Report on officer personnel management and the development of the professional military ethic in the Space Force (a) Report required Not later than June 1, 2023, the Secretary of the Air Force shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on officer personnel management and the development of the professional military ethic in the Space Force. (b) Elements The report required under subsection (a) shall include the following elements: (1) A description of issues related to officer development in the Space Force, including— (A) the professional military education (PME) model for professional education and continual learning of officers in the Space Force; (B) the career development model for officers in the Space Force, including key knowledge, skills, and attributes expected of Space Force officers at each of the company grade, field grade, and general officer levels; (C) desired career trajectories for Space Force officers, including key assignments throughout identified Space Force career tracks and how the flexibilities in the Space Force Component proposal will be used to achieve these desired career paths; (D) how proposed constructive credit for civilian education and non-military experience in related space industry or government sectors will fit in with the proposed PME and career development models; and (E) how the Space Force Component proposal will enable officers to achieve joint qualifications required for promotion to general officer. (2) A description of issues related to officer accessions in the Space Force, including— (A) the expected sources of commissioning for officers in the Space Force, including the desired proportions of officer assessments from the Reserve Officer Training Corps (ROTC), Service Academies, Officer Training School (OTS), and direct commissionees at each grade above second lieutenant; (B) the role of proposed constructive credit for civilian education and non-military experience in accessing officers at each grade higher than second lieutenant and the extent to which the Space Force plans to grant constructive credit in determining an officer’s entry grade at each grade above second lieutenant; and (C) the role of targeted recruiting as described in the Guardian Ideal in officer accessions, including how it will work, how frequently it will be used, for what positions, and how it will fit into overall officer accessions. (3) A description of issues related to the professional military ethic in the Space Force, including— (A) how the proposed talent management system, career development model, PME model, and proposed Space Force Component structure will affect the development of a uniquely military culture in the Space Force as a military service with Space as a warfighting domain; (B) the role of the professional military ethic in the Space Force, including expectations of commissioned officers as public servants and military leaders; (C) the expected role of Space Force civilians in the development and stewardship of the Space Force as a professional military service and how those are distinct from military members in the Space Force; (D) the ethical implications of creating a force that is designed to partner effectively with other space interested entities, as described in the Guardian Ideal, and how the Space Force intends to address any ethical conflicts arising from its desired close partnership with non-military and non-government entities in private industry; and (E) the specific barriers between officers, enlisted, and civilian guardians that are described as unnecessary in the Guardian Ideal, how and why such barriers are unnecessary for the Space Force, and any statutory or policy changes the Space Force proposes to remove such barriers, including any proposed changes to the Uniform Code of Military Justice. (4) Any other issues related to personnel management and professional development of officers in the Space Force that the Secretary concerned determines relevant. 583. Report on incidence of suicide by military job code in the Department of Defense (a) Report Not later than December 31, 2023, the Secretary of Defense shall conduct a review and 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 rates of suicides in the Armed Forces, beginning after September 11, 2001, disaggregated by year, military job code (Air Force Specialty Code (AFSC), Army Military Occupational Specialty (MOS), Navy Enlisted Classification (NEC)/Billet, and Coast Guard Ratings), and status as active duty, guard, and reserve (as applicable per service). (b) Elements The report required under subsection (a) shall include the following elements: (1) A compilation of suicide data by military job code to determine which military career fields have a higher per capita suicide rate compared to— (A) other military career fields for the same period; (B) the overall suicide rate for each service for the same period; (C) the overall suicide rate for the Department of Defense for the same period; and (D) the national suicide rate for the same period. (2) A disaggregation of suicide data by age categories consistent with the Department of Defense Annual Suicide Report age categories. (c) Interim briefing Not later than June 1, 2023, the Secretary of Defense shall provide to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing on the preliminary findings of the review conducted under this section. 584. Waiver of time limitations for act of valor during World War II (a) Waiver of time limitations Notwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 7271 of such title to Master Sergeant Roderick W. Edmonds for the acts of valor described in subsection (b). (b) Acts of valor described The acts of valor referred to in subsection (a) are the actions of Master Sergeant Roderick W. Edmonds on January 27, 1945, as a prisoner of war and member of the Army serving in Germany in support of the Battle of the Bulge, for which he has never been recognized by the United States Army. 585. Authorization to award Medal of Honor to Sergeant Major David R. Halbruner for acts of valor in support of an unnamed operation in 2012 (a) Waiver of time limitations Notwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 7271 of such title to Sergeant Major David R. Halbruner for the acts of valor described in subsection (b). (b) Acts of valor described The acts of valor referred to in subsection (a) are the actions of then-Master Sergeant Halbruner for his valorous actions on September 11–12, 2012, in support of an unnamed operation. 586. Recognition of service of Lieutenant General Frank Maxwell Andrews (a) Findings The Senate makes the following findings: (1) Lieutenant General Frank Maxwell Andrews was born in Nashville, Tennessee, in 1884, and graduated from the United States Military Academy, West Point, in 1906, where he received a commission in the cavalry. (2) In 1917, Lieutenant General Andrews was transferred to the aviation section of the Army Signal Corps, where he commanded various airfields around the United States, serving in a number of leadership positions, including— (A) Commander of the Advanced Flying School at Kelly Field in Texas; (B) Commander of the 1st Pursuit Group at Selfridge Field in Michigan; and (C) Chief of the Army Air Corps’ Training and Operations Division. (3) Following World War I, Lieutenant General Andrews served as the Air Officer for the Army of Occupation in Germany. (4) In 1935, Lieutenant General Andrews was selected to command the new General Headquarters Aviation, where he had oversight of all Air Corps units and led the development of the Army Air Force. (5) In 1939, Lieutenant General Andrews was chosen as Army G3, the Assistant Chief of Staff for Operations and Training, making him responsible for preparing operational plans for the entire Army for the impending war. (6) During World War II, Lieutenant General Andrews led a number of global critical commands, the only general to command 3 theaters of operations during the war, serving as commander of— (A) the Caribbean Defense Command, which held responsibility for defending the United States’ southern borders; (B) all United States forces in the Middle East, where he helped to defeat Rommel’s Afrika Corps; and (C) all United States troops in the European Theater of Operation, where he succeeded General Dwight D. Eisenhower and oversaw plans for the future invasion of Western Europe. (7) Lieutenant General Andrews was killed in an B–24 bomber crash during an inspection tour of Iceland. (8) A number of Lieutenant General Andrews’ colleagues and subordinates have been posthumously promoted to the rank of four-star general for their contributions during World War II. (9) Lieutenant General Andrews was considered one of General Douglas MacArthur’s great captains due to his strong leadership capabilities, which empowered future leaders to lead United States ground and air forces to victory during World War II. (10) Joint Base Andrews, a United States military base previously known as Andrews Air Force Base, was named for Lieutenant General Andrews on February 7, 1945, for his leadership as commander of the Air Force General Headquarters and Commanding General of the United States forces in the European Theater of Operations. (11) In addition to Joint Base Andrews, additional military facilities and installations were named after Lieutenant General Andrews for his contribution to the United States forces, including— (A) Royal Air Force (RAF) Andrews Field, a former RAF station, in England; (B) Andrews Avenue, a major road leading to the Philippines’ International Airport in Metro Manila, Philippines; and (C) Andrews Theater, a theater previously serving the Naval Air Station Keflavik in Iceland. (12) Lieutenant General Andrews is considered one of the founders of the United States Army Air Forces, known today as the United States Air Force, due to his efforts to pursue and empower a separate and independent Air Force. (13) Lieutenant General Andrews served honorably in the United States military for over 37 years. (14) Lieutenant General Andrews is considered one of the United States’ key military commanders of World War II. (b) Recognition of service The Senate honors and recognizes Lieutenant General Frank Maxwell Andrews for— (1) his 37 years of loyal service to the United States Army and Army Air Corps; (2) his heroic leadership during World War I and World War II; and (3) his lasting legacy and selfless sacrifice on behalf of the United States. 587. Posthumous appointment of Ulysses S. Grant to grade of General of the Armies of the United States The President is authorized to appoint Ulysses S. Grant posthumously to the grade of General of the Armies of the United States equivalent to the rank and precedence held by General John J. Pershing pursuant to the Act entitled An Act Relating to the creation of the office of General of the Armies of the United States , approved September 3, 1919 (41 Stat. 283, chapter 56). 588. Modification to notification on manning of afloat naval forces (a) Crewing requirement Subsection (e) of section 597 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 8013 note) is amended to read as follows: (e) Surface combatant crewing requirement Beginning October 1, 2025, the Secretary of the Navy may not assign more than one crew to a covered surface combatant vessel if any surface combatant vessel is included on a report required under subsection (a) in the most recent 12 months. . (b) Surface combatant vessel definition Subsection (d) of such section is amended by adding at the end the following new paragraph: (4) Surface combatant vessel The term surface combatant vessel means any littoral combat ship (including the LCS–1 and LCS–2 classes), frigate (including the FFG–62 class), destroyer (including the DDG–51 and DDG–1000 classes), or cruiser (including the CG–47 class). . VI COMPENSATION AND OTHER PERSONNEL BENEFITS A Pay and Allowances 601. Temporary continuation of basic allowance for housing for members whose sole dependent dies while residing with the member (a) In general Section 403 of title 37, United States Code, is amended— (1) by redesignating subsections (m) through (p) as subsections (n) through (q), respectively; and (2) by inserting after subsection (l) the following new subsection (m): (m) Temporary continuation of allowance for members whose sole dependent dies while residing with the member (1) Notwithstanding subsection (a)(2) or any other provision of law, the Secretary of Defense, or the Secretary of Homeland Security in the case of the Coast Guard when not operating as a service in the Navy, may continue to pay to a member described in paragraph (2) for the period described in paragraph (3) a basic allowance for housing at the rate to which the member was entitled on the day before the date of the death of the dependent of the member. (2) A member described in this paragraph is a member of the uniformed services whose sole dependent dies while— (A) the member is on active duty; and (B) the dependent resides with the member, unless separated— (i) by the necessity of military service; (ii) to receive institutional care as a result of disability or incapacitation; or (iii) under such other circumstances as the Secretary concerned may by regulation prescribe. (3) (A) Except as provided by subparagraph (B), the period described in this paragraph is the 365-day period beginning on the date of the death of the dependent of a member described in paragraph (2). (B) A member described in paragraph (2) who receives, during the 365-day period described in subparagraph (A), an order for a permanent change of station or permanent change of assignment with movement of personal property and household goods authorized under section 453(c) may not continue to receive a basic allowance for housing at the rate provided for under paragraph (1) after the permanent change of station or permanent change of assignment. . (b) Conforming amendment Section 2881a(c)(1) of title 10, United States Code, is amended by striking section 403(n) and inserting section 403(o) . 602. Basic allowance for housing for members without dependents when home port change would financially disadvantage member Subsection (p) of section 403 of title 37, United States Code, as redesignated by section 601(a)(1), is further amended— (1) in the subsection heading, by striking low-cost and no-cost and inserting certain ; (2) by inserting (1) before In the case of a member who is assigned ; and (3) by adding at the end the following new paragraph: (2) (A) In the case of a member without dependents who is assigned to a unit that undergoes a change of home port or a change of permanent duty station, if the Secretary concerned determines that it would be inequitable to base the member’s entitlement to, and amount of, a basic allowance for housing on the new home port or permanent duty station, the Secretary concerned may— (i) waive the requirement to base the member’s entitlement to, and amount of, a basic allowance for housing on the new home port or permanent duty station member; and (ii) treat that member for the purposes of this section as if the unit to which the member is assigned did not undergo such a change. (B) The Secretary concerned may grant a waiver under subparagraph (A) to not more than 100 members in a calendar year. (C) Not later than March 1 of each calendar year, the Secretary concerned shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives on the use of the authority provided by subparagraph (A) during the preceding calendar year that includes— (i) the number of members granted a waiver under subparagraph (A) during that year; and (ii) for each such waiver, an identification of— (I) the grade of the member; (II) the home port or permanent duty station of the unit to which the member is assigned before the change described in subparagraph (A); and (III) the new home port or permanent duty station of that unit. (D) This paragraph shall cease to be effective on December 31, 2027. . 603. Extension of authority to temporarily adjust basic allowance for housing in certain areas Section 403(b)(8)(C) of title 37, United States Code, is amended by striking 2022 and inserting 2024 . 604. Increase in income for purposes of eligibility for basic needs allowance (a) In general Section 402b(b) of title 37, United States Code, is amended by striking 130 percent both places it appears and inserting 150 percent . (b) Implementation Not later than January 1, 2024, the Secretary concerned (as defined in section 101 of title 37, United States Code) shall modify the calculation of the basic needs allowance under section 402b of title 37, United States Code, to implement the amendment made by subsection (a). 605. Conforming amendments to update references to travel and transportation authorities (a) Balanced Budget and Emergency Deficit Control Act of 1985 Section 256(g)(2)(B)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 906(g)(2)(B)(ii) ) is amended by striking sections 403a and 475 and inserting sections 403b and 405 . (b) Title 5 Title 5, United States Code, is amended— (1) in section 4109(a)(2)— (A) in subparagraph (A), by striking sections 474 and 475 and inserting sections 405 and 452 ; and (B) in subparagraph (B), by striking sections 476 and 479 and inserting sections 452 and 453(c) ; (2) in section 5725(c)(2)(B), by striking section 476(b)(1)(H)(iii) and inserting subsections (c) and (d) of section 453 ; and (3) in section 5760— (A) in subsection (c), by striking section 481h(b) and inserting section 451(a) ; and (B) in subsection (d)— (i) in paragraph (2), by striking section 474(d) and inserting section 464 ; and (ii) in paragraph (3), by striking section 481h(d)(1) and inserting section 452(d) . (c) Title 10 Title 10, United States Code, is amended— (1) in section 710— (A) in subsection (f)(4)(A), in the matter preceding clause (i), by striking section 474 and inserting section 452 ; and (B) in subsection (h)(4), by striking section 481f and inserting section 453(f) ; (2) in section 1174a(b)(2)(B), by striking sections 474 and 476 and inserting sections 452 and 453(c) ; (3) in section 1175(j), by striking sections 474 and 476 and inserting sections 452 and 453(c) ; (4) in section 1175a(e)(2)(B), by striking sections 474 and 476 and inserting sections 452 and 453(c) ; (5) in section 1491(d)(3), by striking section 495(a)(2) and inserting section 435(a)(2) ; (6) in section 2013(b)(2)— (A) in subparagraph (A), by striking sections 474 and 475 and inserting sections 405 and 452 ; and (B) in subparagraph (B), by striking sections 476 and 479 and inserting sections 452 and 453(c) ; (7) in section 2493(a)(4)(B)(ii), by striking section 481f(d) and inserting section 453(f) ; (8) in section 2613(g), by striking section 481h(b) and inserting section 451(a) ; and (9) in section 12503— (A) in subsection (a), in the second sentence, by striking sections 206 and 495 and inserting sections 206 and 435 ; (B) in subsection (b)(2)(A), by striking section 495 and inserting section 435 ; and (C) in subsection (c), by striking chapter 7 and inserting section 452 . (d) Title 14 Section 2764 of title 14, United States Code, is amended, in the first and third sentences, by striking subsection (b) of section 476 and inserting section 453(c) . (e) Title 32 Section 115 of title 32, United States Code, is amended— (1) in subsection (a), in the third sentence, by striking sections 206 and 495 and inserting sections 206 and 435 ; (2) in subsection (b)(2)(A), by striking section 495 and inserting section 435 ; and (3) in subsection (c), by striking chapter 7 and inserting section 452 . (f) National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 Section 236(f)(4)(A) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 ( 33 U.S.C. 3036(f)(4)(A) ) is amended, in the matter preceding clause (i), by striking section 474 and inserting section 452 . (g) Title 36 Section 2101(b)(2) of title 36, United States Code, is amended by striking section 475 and inserting section 405 . (h) Title 37 Title 37, United States Code, is amended— (1) in section 403— (A) in subsection (d)(2)(A), by striking section 476 and inserting section 452 ; and (B) in subsection (g)— (i) in paragraph (2), in the second sentence, by striking section 474 and inserting section 452 ; and (ii) in paragraph (3), by striking section 476 and inserting section 453(c) ; (2) in section 420(b), by striking sections 474–481 and inserting section 452 ; (3) in section 422(a), by striking section 480 and inserting section 452 ; (4) in section 427— (A) in subsection (a)(1)(A), by striking section 476 and inserting section 452 ; and (B) in subsection (c)(1), by striking section 476 and inserting section 452 ; (5) in section 433(b), by striking section 474(d)(2)(A) and inserting section 452 ; (6) in section 451(a)(2)(H)— (A) in clause (i), by striking section 481f and inserting section 453(f) ; (B) in clause (ii), by striking section 481h and inserting section 452(b)(12) ; (C) in clause (iii), by striking section 481j and inserting section 452(b)(13) ; (D) in clause (iv), by striking section 481k and inserting section 452(b)(14) ; and (E) in clause (v), by striking section 481 l and inserting section 452(b)(15) ; (7) in section 1002(b)(1), by striking section 474(a)–(d), and (f), and inserting section 452 ; (8) in section 1003, by striking sections 402–403b, 474–477, 479–481, and 414 and inserting sections 402 through 403b, 405, 414, 452, and 453 ; and (9) in section 1006(g)— (A) by striking section 477 and inserting section 452(c)(2) ; and (B) by striking section 475a(a) and inserting section 452(b)(11) . (i) Child Nutrition Act of 1966 Section 17(d)(2)(B)(ii) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(d)(2)(B)(ii) ) is amended by striking section 475 and inserting section 405 . B Bonus and Incentive Pays 611. One-year extension of certain expiring bonus and special pay authorities (a) Authorities relating to reserve forces Section 910(g) of title 37, United States Code, relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service, is amended by striking December 31, 2022 and inserting December 31, 2023 . (b) Title 10 authorities relating to health care professionals The following sections of title 10, United States Code, are amended by striking December 31, 2022 and inserting December 31, 2023 : (1) Section 2130a(a)(1), relating to nurse officer candidate accession program. (2) Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve. (c) Authorities relating to nuclear officers Section 333(i) of title 37, United States Code, is amended by striking December 31, 2022 and inserting December 31, 2023 . (d) Authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities The following sections of title 37, United States Code, are amended by striking December 31, 2022 and inserting December 31, 2023 : (1) Section 331(h), relating to general bonus authority for enlisted members. (2) Section 332(g), relating to general bonus authority for officers. (3) Section 334(i), relating to special aviation incentive pay and bonus authorities for officers. (4) Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions. (5) Section 336(g), relating to contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps. (6) Section 352(g), relating to assignment pay or special duty pay. (7) Section 353(i), relating to skill incentive pay or proficiency bonus. (8) Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units. (e) Authority to provide temporary adjustments in rates of basic allowance for housing Section 403(b) of title 37, United States Code, is amended— (1) in paragraph (7)(E), by striking December 31, 2022 and inserting December 31, 2023 ; and (2) in paragraph (8)(C), by striking September 30, 2022 and inserting December 31, 2023 . 612. Repeal of sunset of hazardous duty pay Subsection (h) of section 351 of title 37, United States Code, is repealed. 613. Authorization of assignment pay or special duty pay based on climate in which a member's duties are performed Section 352(a)(2) of title 37, United States Code, is amended by inserting climate, after location, . C Leave 621. Modification of authority to allow members of the Armed Forces to accumulate leave in excess of 60 days (a) In general Section 701(f) of title 10, United States Code, is amended to read as follows: (f) (1) The Secretary concerned, under uniform regulations to be prescribed by the Secretary of Defense, may authorize a member described in paragraph (2) who, except for this subsection, would lose at the end of the fiscal year any accumulated leave in excess of the number of days of leave authorized to be accumulated under subsection (b), to retain an accumulated total of 90 days leave. (2) This subsection applies to a member who— (A) serves on active duty for a continuous period of at least 120 days in an area in which the member is entitled to special pay under section 310(a) of title 37; (B) is assigned to a deployable ship or mobile unit or to other duty designated for the purpose of this section; or (C) serves on active duty in a duty assignment in support of a contingency operation. (3) Leave accumulated by a member under this subsection in excess of the number of days of such leave authorized under subsection (b) is forfeited unless it is used by the member before the end of the second fiscal year after the fiscal year in which the service or assignment described in paragraph (B) of the member terminated. . (b) Transition rule Notwithstanding paragraph (3) of section 701(f) of title 10, United States Code, as amended by subsection (a), leave in excess of 90 days accumulated by a member under section 701(f) of title 10, United States Code, on or before September 30, 2022, is forfeited unless it is used by the member on or before September 30, 2025, or the retention of such leave is authorized under another provision of law. (c) Effective date The amendment made by subsection (a) takes effect on January 1, 2023. 622. Technical amendments to leave entitlement and accumulation (a) Repeal of obsolete authority Section 701 of title 10, United States Code, is amended— (1) by striking subsection (d); and (2) by redesignating subsections (e) through (m) as subsections (d) through ( l ). (b) Conforming amendments to section 701 of title 10 Section 701 of title 10, United States Code, is amended— (1) in subsection (b), by striking subsections (d), (f), and (g) and inserting subsections (e) and (f) ; (2) in subsection (f), as redesignated by subsection (a)(2), in the first sentence, by striking subsections (b), (d), and (f) and inserting subsections (b) and (e) ; and (3) in subsection (i), as so redesignated, in the first sentence, by striking subsections (b), (d), and (f) and inserting subsections (b) and (e) . (c) Conforming amendments to other provisions of law (1) Title 14 Section 2508(a) of title 14, United States Code, is amended by striking section 701(f)(2) and inserting section 701(e) . (2) Title 37 Title 37, United States Code, is amended— (A) in section 501— (i) in subsection (b)(6), by striking 120 days of leave under section 701(f)(1) and inserting 90 days of leave under section 701(e) ; and (ii) in subsection (h), by striking section 701(g) and inserting section 701(f) ; and (B) in section 502(b), by striking section 701(h) and inserting section 701(g) . (d) Effective date The amendments made by this section take effect on January 1, 2023. 623. Convalescent leave for members of the Armed Forces (a) In general Section 701 of title 10, United States Code, as amended by section 622(a), is further amended by adding at the end the following new subsection: (m) (1) Except as provided by subsection (h)(3), and under regulations prescribed by the Secretary of Defense, a member of the armed forces diagnosed with a medical condition is allowed convalescent leave if— (A) the medical or behavioral health provider of the member— (i) determines that the member is not yet fit for duty as a result of that condition; and (ii) recommends such leave for the member to provide for the convalescence of the member from that condition; and (B) the commanding officer of the member or the commander of the military medical treatment facility authorizes such leave for the member. (2) A member may take not more than 30 days of convalescent leave under paragraph (1) with respect to a condition described in that paragraph unless— (A) such leave in excess of 30 days is authorized by— (i) the Secretary concerned; or (ii) an individual at the level designated by the Secretary concerned, but not below the grade of O–5 or the civilian equivalent; or (B) the member is authorized to receive convalescent leave under subsection (h)(3) in conjunction with the birth of a child. (3) (A) Convalescent leave may be authorized under paragraph (1) only for a medical condition of a member and may not be authorized for a member in connection with a condition of a dependent or other family member of the member. (B) In authorizing convalescent leave for a member under paragraph (1) with respect to a condition described in that paragraph, the commanding officer of the member or the commander of the military medical treatment facility, as the case may be, shall— (i) limit the duration of such leave to the minimum necessary in relation to the diagnosis, prognosis, and probable final disposition of the condition of the member; and (ii) authorize leave tailored to the specific medical needs of the member rather than (except for convalescent leave provided for under subsection (h)(3)) authorizing leave based on a predetermined formula. (4) A member taking convalescent leave under paragraph (1) shall not have the member's leave account reduced as a result of taking such leave. (5) In this subsection, the term military medical treatment facility means a facility described in subsection (b), (c), or (d) of section 1073d. . (b) Treatment of convalescent leave for birth of child Paragraph (3) of subsection (h) of such section, as redesignated by section 622(a), is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and by moving such clauses, as so redesignated, two ems to the right; (2) by inserting (A) after (3) ; and (3) by adding at the end the following new subparagraph: (B) Convalescent leave may be authorized under subparagraph (A) only for a medical condition of a member and may not be authorized for a member in connection with a condition of a dependent or other family member of the member. . (c) Effective date The amendments made by this section shall take effect on January 1, 2023. D Other Matters 631. Air Force rated officer retention demonstration program (a) Program requirement The Secretary shall establish and carry out within the Department of the Air Force a demonstration program to assess and improve retention on active duty in the Air Force of rated officers described in subsection (b). (b) Rated officers described Rated officers described in this subsection are rated officers serving on active duty in the Air Force, excluding rated officers with a reserve appointment in the Air National Guard or Air Force Reserve— (1) whose continued service on active duty would be in the best interest of the Department of the Air Force, as determined by the Secretary; and (2) who have not more than three years and not less than one year remaining on an active duty service obligation under section 653 of title 10, United States Code. (c) Written agreement (1) In general Under the demonstration program required under subsection (a), the Secretary shall offer retention incentives under subsection (d) to a rated officer described in subsection (b) who executes a written agreement to remain on active duty in a regular component of the Air Force for not less than four years after the completion of the active duty service obligation of the officer under section 653 of title 10, United States Code. (2) Exception If the Secretary of the Air Force determines that an assignment previously guaranteed under subsection (d)(1) to a rated officer described in subsection (b) cannot be fulfilled, the agreement of the officer under paragraph (1) to remain on active duty shall expire not later than one year after that determination. (d) Retention incentives (1) Guarantee of future assignment location Under the demonstration program required under subsection (a), the Secretary may offer to a rated officer described in subsection (b) a guarantee of future assignment locations based on the preference of the officer. (2) Aviation bonus Under the demonstration program required under subsection (a), notwithstanding section 334(c) of title 37, United States Code, the Secretary may pay to a rated officer described in subsection (b) an aviation bonus not to exceed an average annual amount of $50,000 (subject to paragraph (3)(B)). (3) Combination of incentives The Secretary may offer to a rated officer described in subsection (b) a combination of incentives under paragraphs (1) and (2). (e) Annual briefing Not later than December 31, 2023, and annually thereafter until the termination of the demonstration program required under subsection (a), the Secretary shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing describing the use of such demonstration program and its effects on the retention on active duty in the Air Force of rated officers described in subsection (b). (f) Definitions In this section: (1) Rated officer The term rated officer means an officer specified in section 9253 of title 10, United States Code. (2) Secretary The term Secretary means the Secretary of the Air Force. (g) Termination This section shall terminate on December 31, 2028. VII Health Care Provisions A TRICARE and Other Health Care Benefits 701. Improvements to the TRICARE dental program (a) In general Section 1076a of title 10, United States Code, is amended— (1) in subsection (b)— (A) by striking The plans and inserting the following: (1) In general The plans ; and (B) by adding at the end the following new paragraph: (2) Premium sharing plans The regulations required by paragraph (1) shall include, with respect to premium sharing plans referred to in subsection (d)(1), the following elements: (A) A third party administrator shall manage the administrative features of such plans, including eligibility, enrollment, plan change and premium payment processes, submission of qualifying life events changes, and address changes. (B) Such plans shall include the following three enrollment options: (i) Self. (ii) Self plus one. (iii) Family. (C) In the United States, to the extent practicable, individuals eligible to enroll in such a plan shall be offered options to enroll in plans of not fewer than four national dental insurance carriers. (D) To the extent practicable, each carrier described in subparagraph (C)— (i) shall manage dental care delivery matters, including claims adjudication (with required electronic submission of claims), coordination of benefits, covered services, enrollment verification, and provider networks; (ii) shall, in addition to offering a standard option plan consistent with the requirements of this section, offer a high option plan that provides more covered services; (iii) may offer an additional plan managed as a dental health maintenance organization plan; (iv) shall establish and operate dental provider networks that provide— (I) accessible care with a prevention or wellness focus; (II) continuity of care; (III) coordinated care (including appropriate dental and medical referrals); (IV) patient-centered care (including effective communications, individualized care, and shared decision-making); and (V) high-quality, safe care; (v) shall develop and implement adult and pediatric dental quality measures, including effective measurements for— (I) access to care; (II) continuity of care; (III) cost; (IV) adverse patient events; (V) oral health outcomes; and (VI) patient experience; and (vi) shall conduct in their provider networks, to the extent practicable, pilot programs on the development of a model of care based on the model of care referred to as patient-centered dental homes. ; (2) in subsection (d)(1)— (A) in subparagraph (B), by striking the second sentence; (B) by striking subparagraph (C) and inserting the following new subparagraph (C): (C) The amount of the premium required under subparagraph (A)— (i) for standard option plans described in subsection (b)(2)(C)(ii), shall be established by the Secretary annually such that in the aggregate (taking into account the adjustments under subparagraph (D) and subsection (e)(2)(C)), the Secretary’s share of each premium is 60 percent of the premium for each enrollment category (self, self plus one, and family) of each standard option plan; and (ii) for non-standard option plans described in clauses (ii) and (iii) of subsection (b)(2)(C), shall be equal to the amount determined under clause (i) plus 100 percent of the additional premium amount applicable to such non-standard option plan. ; and (C) by striking subparagraph (D) and inserting the following new subparagraph (D): (D) The Secretary of Defense shall reduce the monthly premium required to be paid under paragraph (1) in the case of enlisted members in pay grade E–1, E–2, E–3, or E–4. ; (3) in subsection (e), by adding at the end the following new paragraph: (3) The Secretary of Defense shall reduce copayments required to be paid under paragraph (1) in the case of enlisted members in pay grade E–1, E–2, E–3, or E–4. ; and (4) in subsection (j), by striking plan established under this section and inserting standard option plan described in subsection (b)(2)(C)(ii). . (b) Effective date The amendments made by subsection (a) shall take effect on January 1, 2025. (c) Rule making authority (1) In general In order to implement the dental program improvements on the date specified in subsection (b), the Secretary of Defense shall, not later than January 1, 2024, issue an interim final regulation consistent with the provisions of section 1076a of title 10, United States Code, as amended by subsection (a), that will be in effect on the date specified in subsection (b). (2) Maintenance of covered services The regulation required by paragraph (1) shall ensure that covered services under standard option plans described in subsection (b)(2)(C)(ii) of section 1076a of title 10, United States Code, as added by subsection (a), shall be no less than those services under the premium sharing plans under such section in effect as of the date of the enactment of this Act. 702. Health benefits for members of the National Guard following required training or other duty to respond to a national emergency (a) Transitional health care Subsection (a)(2) of section 1145 of title 10, United States Code, is amended by adding at the end the following new subparagraph: (G) A member of the National Guard who is separated from full-time National Guard Duty to which called or ordered under section 502(f) of title 32 for a period of active service of more than 30 days to perform duties that are authorized by the President or the Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds. . (b) Conforming amendments Such section is further amended— (1) in subsection (a)— (A) in paragraph (1), in the matter preceding subparagraph (A), by striking active duty and inserting active service ; (B) in paragraph (3), by striking paragraph (2)(B) and inserting subparagraph (B) or (G) of paragraph (2) ; (C) in paragraph (4)— (i) by striking active duty each place it appears and inserting active service ; and (ii) in the second sentence, by striking or (D) and inserting (D), or (G) ; (D) in paragraph (5), in subparagraphs (A) and (B), by striking active duty each place it appears and inserting active service ; and (E) in paragraph (7)(A)— (i) by striking service on active duty and inserting active service ; and (ii) by striking active duty for and inserting active service for ; (2) in subsection (b)(1), by striking active duty and inserting active service ; and (3) in subsection (d)(1)(A), by striking active duty and inserting active service . 703. Confidentiality requirements for mental health care services for members of the Armed Forces (a) In general In order to reinforce the policies of eliminating stigma in obtaining mental health care services and further encouraging help-seeking behavior by members of the Armed Forces, not later than July 1, 2023, the Secretary of Defense shall— (1) update and reissue Department of Defense Instruction 6490.08, entitled Command Notification Requirements to Dispel Stigma in Providing Mental Health Care to Service Members and issued on August 17, 2011, taking into account— (A) experience implementing the Instruction; and (B) opportunities to more effectively dispel stigma in obtaining mental health care services and encourage help-seeking behavior; and (2) develop standards within the Department of Defense that— (A) ensure, except in cases in which there are exigent circumstances, confidentiality of mental health care services provided to members who voluntarily seek such services; and (B) in cases in which there are exigent circumstances, prevent health care providers from disclosing more than the minimum amount of information necessary to address the exigent circumstances. (b) Elements The standards required by subsection (a)(2) shall include the following elements: (1) Requirements for confidentiality regarding the request and receipt by a member of the Armed Forces of mental health care services under the self-initiated referral process under section 1090a(e) of title 10, United States Code. (2) Requirements for confidentiality regarding the results of any drug testing incident to mental health care services. (3) Procedures that reflect best practices of the mental health profession with respect to suicide prevention. (4) Prohibition on retaliating against a member of the Armed Forces who requests mental health care services. (5) Such other elements as the Secretary determines will most effectively support the policies of— (A) eliminating stigma in obtaining mental health care services; and (B) encouraging help-seeking behavior by members of the Armed Forces. (c) Joint policy with the Secretary of Veterans Affairs (1) In general Not later than July 1, 2023, the Secretary of Defense and the Secretary of Veterans Affairs shall issue a joint policy that provides, except in the case of exigent circumstances, for confidentiality of mental health care services provided by the Department of Veterans Affairs to members of the Armed Forces, including members of reserve components of the Armed Forces, under sections 1712A, 1720F, 1720H, and 1789 of title 38, United States Code, and other applicable law. (2) Elements The joint policy issued urder paragraph (1) shall, to the extent practicable, establish standards comparable to the standards developed under subsection (a)(2). (d) Report Not later than July 1, 2023, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a copy of the standards developed under subsection (a)(2) and the joint policy issued under subsection (c). (e) Exigent circumstance defined In this section, the term exigent circumstance means a circumstance in which the Secretary of Defense determines the need to prevent serious harm to individuals or essential military functions clearly outweighs the need for confidentiality of information obtained by a health care provider incident to mental health care services voluntarily sought by a member of the Armed Forces. 704. Improvement of referrals for specialty care under TRICARE Prime during permanent changes of station (a) In general Section 714 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 1095f ) is amended— (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection (e): (e) Improvement of specialty care referrals during permanent changes of station In conducting evaluations and improvements under subsection (d) to the referral process described in subsection (a), the Secretary shall ensure beneficiaries enrolled in TRICARE Prime who are undergoing a permanent change of station receive referrals from their primary care manager to such specialty care providers in the new location as the beneficiary may need before undergoing the permanent change of station. . (b) Briefing Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the contractual and technical barriers preventing record sharing between civilian provider networks under the TRICARE program that lead to increased wait times for care for members of the Armed Forces and their dependents undergoing permanent changes of station across provider network regions. 705. Study on providing benefits under TRICARE Reserve Select and TRICARE dental program to members of the Selected Reserve and their dependents (a) Study The Secretary of Defense may conduct a study on the feasibility, potential cost effects to the budget of the Department of Defense, changes in out-of-pocket costs to beneficiaries, and effects on other Federal programs of expanding eligibility for TRICARE Reserve Select and the TRICARE dental program to include all members of the Selected Reserve of the Ready Reserve of a reserve component of the Armed Forces, their dependents, and their non-dependent children under the age of 26. (b) Specifications If the Secretary conducts the study under subsection (a), the Secretary shall include in the study an assessment of the following: (1) Cost-shifting to the Department of Defense to support the expansion of TRICARE Reserve Select and the TRICARE dental program from— (A) health benefit plans under chapter 89 of title 5, United States Code; (B) employer-sponsored health insurance; (C) private health insurance; (D) insurance under a State health care exchange; and (E) the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ). (2) New costs for the Department of Defense to enroll in TRICARE Reserve Select and the TRICARE dental program members of the Selected Reserve of the Ready Reserve of a reserve component of the Armed Forces who were previously uninsured. (3) The resources needed to implement TRICARE Reserve Select and the TRICARE dental program for all such members, their dependents, and their non-dependent children under the age of 26. (4) Cost-savings, if any, resulting from the expansion of TRICARE Reserve Select and the TRICARE dental program with regard to increased training days performed in support of mass medical events during battle assemblies of the reserve components, including an assessment of the impact of such expansion on— (A) medical readiness; (B) overall deployability rates; (C) deployability timelines; (D) fallout rates at mobilization sites; (E) cross-leveling of members of the reserve components to backfill medical fallouts at mobilization sites; and (F) any other readiness metrics affected by such expansion. (5) Any impact of such expansion on recruitment and retention of members of the Armed Forces, including members of the Ready Reserve of the reserve components of the Armed Forces. (6) Cost-savings, if any, in contracts that implement the Reserve Health Readiness Program of the Department of Defense. (c) Determination of cost effects If the Secretary of Defense studies the potential cost effects to the budget of the Department of Defense under subsection (a), the Secretary shall study the cost effects for the following scenarios of expanded eligibility for TRICARE Reserve Select and the TRICARE dental program: (1) Premium free for members of the Selected Reserve of the Ready Reserve of a reserve component of the Armed Forces, their dependents, and their non-dependent children under the age of 26. (2) Premium free for such members and subsidized premiums for such dependents and non-dependent children. (3) Subsidized premiums for such members, dependents, and non-dependent children. (d) Use of a federally funded research and development center The Secretary may contract with a federally funded research and development center that is qualified and appropriate to conduct the study under subsection (a). (e) Briefing; report (1) Briefing If the Secretary conducts the study under subsection (a), not later than one year after the date of the enactment of this Act, the Secretary shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the methodology and approach of the study. (2) Report If the Secretary conducts the study under subsection (a), not later than two years after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the study. (f) Definitions In this section: (1) TRICARE dental program The term TRICARE dental program means dental benefits under section 1076a of title 10, United States Code. (2) TRICARE Reserve Select The term TRICARE Reserve Select means health benefits under section 1076d of such title. B Health Care Administration 721. Improvements to organization of military health system (a) Feasibility study for superseding organization for defense health agency (1) Study and report required Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense (referred to in this section as the Secretary ) shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on a study, conducted by the Secretary for purposes of the report, of the feasibility of and requirements for the establishment of a defense health and medical readiness command (referred to in this subsection as the command ) as a superseding organization to the Defense Health Agency. (2) Elements The report required under paragraph (1) shall include the following: (A) A description of the responsibilities of the commander of the command. (B) A description of any organizations that support the Defense Health Agency, such as the medical departments and medical logistics organizations of each military department. (C) A description of any authorities required for the leadership and direction of the command. (D) A description of the organizational structure of the command, including any subordinate commands. (E) A description of resourcing executive leadership of the command. (F) A description of the location or locations of headquarters elements of the command. (G) A description of how the current Defense Health Agency functions as a provider of optimally trained, clinically proficient health care professionals to support combatant commands. (H) A description of how the command may further serve as a provider of optimally trained, clinically proficient health care professionals to support combatant commands. (I) A description of the relationship of the command to the military departments, the combatant commands, and the Joint Staff. (J) A timeline for the establishment of the command. (K) A description of additional funding required to establish the command. (L) A description of any additional legislative action required for the establishment of the command. (M) Any other matters in connection with the establishment, operations, and activities of the command that the Secretary considers appropriate. (b) Establishment of military health system education and training directorate (1) Plan required Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan to establish within the Defense Health Agency a subordinate organization, to be called the Military Health System Education and Training Directorate (referred to in this subsection as the Directorate ). (2) Elements The plan required under paragraph (1) shall include the following: (A) A description of any authorities required for the leadership and direction of the Directorate. (B) A description of the organizational structure of the Directorate, including any subordinate organizations. (C) A description of resourcing executive leadership of the Directorate. (D) A description of the location or locations of elements of the Directorate. (E) A description of the ability of the Directorate to address the training requirements of the military departments, the combatant commands, and the Joint Staff. (F) A description of additional funding required to establish the Directorate. (G) A description of any additional legislative action required for the establishment of the Directorate. (H) Any other matters in the connection with the establishment, operations, and activities of the Directorate that the Secretary considers appropriate. (3) Establishment (A) In general Not later than one year after the submission of the plan required under paragraph (1), the Secretary shall establish the Directorate within the Defense Health Agency. (B) Leadership The Directorate shall be led by the President of the Uniformed Services University of the Health Sciences. (C) Structure The Directorate shall be composed of the following: (i) The Medical Education and Training Campus. (ii) The College of Allied Health Sciences. (iii) The Uniformed Services University of the Health Sciences. (iv) The medical education and training commands and organizations of the military departments. (v) Training programs of military departments affiliated with civilian academic institutions. (vi) Such other elements, facilities, and commands of the Department of Defense as the Secretary considers appropriate. 722. Inclusion of level three trauma care capabilities in requirements for medical centers Section 1073d(b)(3) of title 10, United States Code, is amended by striking or level two and inserting , level two, or level three 723. Extension of Accountable Care Organization demonstration and annual report requirement (a) In general The Secretary of Defense, acting through the Director of the Defense Health Agency, shall extend the duration of the Accountable Care Organization demonstration carried out by the Secretary, notice of which was published in the Federal Register on August 16, 2019 (84 Fed. Reg. 41974), (in this section referred to as the Demonstration ) through December 31, 2028. (b) Annual report required (1) In general Not later than March 1 of each year during which the Demonstration is carried out, beginning in 2023, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that describes the conduct of the Demonstration for the one-year period preceding the date of the report. (2) Elements Each report submitted under paragraph (1) shall include the following: (A) A description of how the Demonstration delivered performance of better health, better care, and lower cost. (B) A description of the results of the Demonstration with respect to the following outcome measures: (i) Clinical performance. (ii) Utilization improvement. (iii) Beneficiary engagement. (iv) Membership growth and retention. (v) Case management. (vi) Continuity of care. (vii) Telehealth utilization. (C) A description of how the Demonstration shifted financial risk from the TRICARE program to health care providers. (D) A description of how investment in the Demonstration serves as a bridge to competitive demonstrations by the Department of Defense with accountable care organizations in the future. (E) A detailed description of locations for future competitive demonstrations by the Department with accountable care organizations. (3) TRICARE program defined In this subsection, the term TRICARE program has the meaning given that term in section 1072(7) of title 10, United States Code. 724. Modification of requirement to transfer public health functions to Defense Health Agency (a) Temporary retention of public health functions At the determination of the Secretary of Defense, a military department may retain, until not later than September 30, 2023, a public health function that would otherwise become part of the Defense Health Agency Public Health under section 1073c(e)(2)(B) of title 10, United States Code, if such function— (1) addresses a need that is unique to the military department; and (2) is in direct support of operating forces and necessary to execute strategies relating to national security and defense. (b) Report (1) In general Not later than March 1, 2023, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on public health functions that the Secretary has determined may be retained by a military department pursuant to subsection (a). (2) Elements The report required by paragraph (1) shall include the following: (A) A description of each public health function that the Secretary has determined may be retained by a military department pursuant to subsection (a). (B) The rationale for each such determination. (C) Recommendations for amendments to section 1073c of title 10, United States Code, to permit ongoing retention of public health functions by military departments. (c) Modification to names of public health commands Section 1073c(e)(2)(B) of title 10, United States Code, is amended by striking Army Public Health Command, the Navy–Marine Corps Public Health Command and inserting Army Public Health Center, the Navy–Marine Corps Public Health Center . 725. Establishment of Military Health System Medical Logistics Directorate (a) Plan required Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan to establish within the Defense Health Agency a subordinate organization to be called the Military Health System Medical Logistics Directorate (in this section referred to as the Directorate ). (b) Elements The plan required under subsection (a) shall include the following: (1) A description of any authorities required for the leadership and direction of the Directorate. (2) A description of the organizational structure of the Directorate, including any subordinate organizations, to include incorporation into the Directorate of existing organizations of the military departments that provide operational theater medical materiel support. (3) A description of resourcing by the Secretary of the executive leadership of the Directorate. (4) A description of the location or locations of elements of the Directorate. (5) A description of how the medical research and development organization within the Defense Health Agency will coordinate with the Directorate. (6) A description of the ability of the Directorate to address the medical logistics requirements of the military departments, the combatant commands, and the Joint Staff. (7) A description of additional funding required to establish the Directorate. (8) A description of any additional legislative action required for the establishment of the Directorate. (9) Any other matters in connection with the establishment, operations, and activities of the Directorate that the Secretary considers appropriate. (c) Establishment Not later than one year after the submission of the plan required under subsection (a), the Secretary shall establish the Directorate within the Defense Health Agency. 726. Establishment of centers of excellence for specialty care in the military health system (a) Centers of excellence (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish regional centers of excellence for the provision of military specialty care to eligible beneficiaries at existing major medical centers of the Department of Defense. (2) Satellite centers The Secretary may establish satellite centers of excellence to provide specialty care for certain conditions, such as— (A) post-traumatic stress; (B) traumatic brain injury; and (C) such other conditions as the Secretary considers appropriate. (3) Readiness and improvement of care Centers of excellence established under this subsection shall— (A) ensure the military medical force readiness of the Department and the medical readiness of the Armed Forces; (B) improve the quality of health care received by eligible beneficiaries from the Department; and (C) improve health outcomes for eligible beneficiaries. (b) Types of centers of excellence (1) In general Centers of excellence shall be established under subsection (a) for the following areas of specialty care: (A) Oncology. (B) Burn injuries and wound care. (C) Rehabilitation medicine. (D) Psychological health and traumatic brain injury. (E) Amputations and prosthetics. (F) Neurosurgery. (G) Orthopedic care. (H) Substance abuse. (I) Transplants. (J) Cardiothoracic surgery. (K) Such other areas of specialty care as the Secretary considers appropriate to ensure the military medical force readiness of the Department and the medical readiness of the Armed Forces. (2) Multiple specialties A major medical center of the Department may be established as a center of excellence for more than one area of specialty care. (c) Primary source for specialty care (1) In general Centers of excellence established under subsection (a) shall be the primary source within the military health system for the receipt by eligible beneficiaries of specialty care. (2) Referral Eligible beneficiaries seeking specialty care services through the military health system shall be referred to a center of excellence established under subsection (a) or to an appropriate specialty care provider in the private sector if health care services at such a center are unavailable. (d) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that sets forth a plan for the Department to establish centers of excellence under this section. (2) Elements The report required by paragraph (1) shall include the following: (A) A list of the centers of excellence to be established under this section and the locations of such centers. (B) A description of the specialty care services to be provided at each such center and a staffing plan for each such center. (C) A description of how each such center will improve— (i) the military medical force readiness of the Department and the medical readiness of the Armed Forces; (ii) the quality of care received by eligible beneficiaries; and (iii) the health outcomes of eligible beneficiaries. (D) A comprehensive plan to refer eligible beneficiaries for specialty care services at centers of excellence established under this section and centers of excellence in the private sector. (E) A plan to assist eligible beneficiaries with travel and lodging, if necessary, in connection with the receipt of specialty care services at centers of excellence established under this section or centers of excellence in the private sector. (F) A plan to transfer specialty care providers of the Department to centers of excellence established under this section, in a number as determined by the Secretary to be required to provide specialty care services to eligible beneficiaries at such centers. (G) A plan to monitor access to care, beneficiary satisfaction, experience of care, and clinical outcomes to understand better the impact of such centers on the health care of eligible beneficiaries. (e) Notification The Secretary of Defense shall notify the Committees on Armed Services of the Senate and the House of Representatives not later than 90 days prior to the establishment of a center of excellence under this section. (f) Eligible beneficiary defined In this section, the term eligible beneficiary means a beneficiary under chapter 55 of title 10, United States Code. 727. Requirement to establish Academic Health System Section 2113b(a) of title 10, United States Code, is amended by striking may and inserting shall . 728. Adherence to policies relating to mild traumatic brain injury and post-traumatic stress disorder Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall— (1) direct the Secretary of the Navy and the Secretary of the Air Force to address inconsistencies between the policies of the Department of Defense, the Department of the Navy, and the Department of the Air Force relating to the training of members of the Armed Forces on the identification of symptoms of mild traumatic brain injury in deployed locations; and (2) ensure the Secretary of each military department routinely monitors the adherence of members of the Armed Forces under the jurisdiction of such Secretary to policies of the Department of Defense relating to post-traumatic stress disorder and traumatic brain injury, including policies related to— (A) screening certain members of the Armed Forces for post-traumatic stress disorder and traumatic brain injury prior to any separation of such a member from the Armed Forces for misconduct; and (B) providing counseling to members of the Armed Forces during the process of such separation regarding services and benefits that may be provided by the Department of Veterans Affairs to members after such separation. 729. Policy on accountability for wounded warriors undergoing disability evaluation (a) In general Not later than April 1, 2023, the Secretary of Defense shall establish a policy to ensure accountability for actions taken under the authorities of the Defense Health Agency and the military departments concerning wounded, ill, and injured members of the Armed Forces during the integrated disability evaluation system process of the Department of Defense. (b) Elements The policy required by subsection (a) shall include the following: (1) A requirement that determination of fitness for duty under chapter 61 of title 10, United States Code, of a member of the Armed Forces falls under the jurisdiction of the Secretary of the military department concerned. (2) A requirement that medical evaluation provided under the authority of the Defense Health Agency shall— (A) comply with applicable law and regulations of the Department of Defense; and (B) be considered by the Secretary of the military department concerned in determining fitness for duty under chapter 61 of such title. (3) A requirement that wounded, ill, and injured members of the Armed Forces shall not be denied the protections, privileges, or right to due process afforded under applicable law and regulations of the Department of Defense and the military department concerned. (c) Clarification of responsibilities regarding medical evaluation boards Section 1073c of title 10, United States Code, is amended by— (1) redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following new subsection (h): (h) Authorities reserved to the secretaries of the military departments concerning the disability evaluation system (1) In general Notwithstanding the responsibilities and authorities of the Director of the Defense Health Agency with respect to the administration of military medical treatment facilities as set forth in this section, including medical evaluations of members of the armed forces, the Secretary of each military department shall maintain personnel authority over and responsibility for any member of the armed forces under the jurisdiction of the Secretary concerned while the member is being considered by a medical evaluation board. (2) Responsibility described The responsibility of the Secretary of a military department described in paragraph (1) shall include the following: (A) Responsibility for administering the morale and welfare of members of the armed forces under the jurisdiction of the Secretary concerned. (B) Responsibility for determinations of fitness for duty of such members under chapter 61 of this title. . C Reports and Other Matters 741. Three-year extension of authority to continue DOD-VA Health Care Sharing Incentive Fund Section 8111(d)(3) of title 38, United States Code, is amended by striking September 30, 2023 and inserting September 30, 2026 . 742. Extension of authority for Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund Section 1704(e) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2567), as most recently amended by section 715 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ), is amended by striking September 30, 2023 and inserting September 30, 2024 . 743. Authorization of permanent program to improve opioid management in the military health system Section 716 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 1090 note), is amended— (1) in subsection (a)(1), by striking Beginning not and inserting Except as provided in subsection (e), beginning not ; (2) by redesignating subsection (e) as subsection (f); and (3) by inserting after subsection (d) the following new subsection (e): (e) Alternative initiative to improve opioid management As an alternative to the pilot program under this section, the Director of the Defense Health Agency, not later than January 1, 2023— (1) may implement a permanent program to improve opioid management for beneficiaries under the TRICARE program; and (2) if the Director decides to implement such a permanent program, shall submit to the Committees on Armed Services of the Senate and the House of Representatives the specifications of and reasons for implementing such program. . 744. Clarification of membership requirements and compensation authority for independent suicide prevention and response review committee Section 738 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 1801) is amended— (1) in subsection (b)(3), by inserting (except for a former member of an Armed Force) after Armed Force ; (2) by redesignating subsections (f) through (h) as subsections (g) through (i), respectively; and (3) by inserting after subsection (e) the following new subsection (f): (f) Compensation (1) In general The Secretary may compensate members of the committee established under subsection (a) for the work of such members for the committee. (2) Treatment of compensation A member of the committee established under subsection (a) who receives compensation under paragraph (1) shall not be considered a civilian employee of the Department of Defense for purposes of subsection (b)(3). . 745. Termination of veterans’ advisory board on radiation dose reconstruction Section 601 of the Veterans Benefit Act of 2003 ( Public Law 108–183 ; 38 U.S.C. 1154 note) is amended— (1) in subsection (b), by striking , including the establishment of the advisory board required by subsection (c) ; and (2) by striking subsection (c). 746. Scholarship-for-service pilot program for civilian behavioral health providers (a) In general Commencing not later than two years after the date of the enactment of this Act, the Secretary of Defense shall carry out a pilot program under which— (1) the Secretary may provide— (A) scholarships to cover tuition and related fees at an institution of higher education to an individual enrolled in a program of study leading to a graduate degree in clinical psychology, social work, counseling, or a related field (as determined by the Secretary); and (B) student loan repayment assistance to a credentialed behavioral health provider who has a graduate degree in clinical psychology, social work, counseling, or a related field (as determined by the Secretary); and (2) in exchange for such assistance, the recipient shall commit to work as a covered civilian behavioral health provider in the direct care component of the military health system in accordance with subsection (c). (b) Duration The Secretary of Defense shall carry out the pilot program under subsection (a) during the 10-year period beginning on the commencement of the pilot program. (c) Post-award employment obligations (1) In general Subject to paragraph (2), as a condition of receiving assistance under subsection (a), the recipient of such assistance shall enter into an agreement with the Secretary of Defense pursuant to which the recipient agrees to work on a full-time basis as a covered civilian behavioral health provider in the direct care component of the military health system for a period that is at least equivalent to the period during which the recipient received assistance under such paragraph. (2) Other terms and conditions An agreement entered into pursuant to paragraph (1) may include such other terms and conditions as the Secretary of Defense may determine necessary to protect the interests of the United States or otherwise appropriate for purposes of this section, including terms and conditions providing for limited exceptions from the post-award employment obligation specified in such subparagraph. (d) Repayment (1) In general An individual who receives assistance under subsection (a) and does not complete the employment obligation required under the agreement entered into pursuant to subsection (c) shall repay to the Secretary of Defense a prorated portion of the financial assistance received by the individual under subsection (a). (2) Determination of amount The amount of any repayment required under paragraph (1) shall be determined by the Secretary. (e) Implementation plan Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representative a plan for the implementation of this section. (f) Reports (1) In general Not later than each of one year, five years, and nine years after the commencement of the pilot program under subsection (a), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representative a report on the pilot program. (2) Elements Each report under paragraph (1) shall include, with respect to the pilot program under subsection (a), the following: (A) The number of students receiving scholarships under the pilot program. (B) The locations of such students. (C) The amount of total scholarship money expended per academic school year under the pilot program. (D) The average scholarship amount per student under the pilot program. (E) The number of students hired as behavioral health providers by the Department of Defense under the pilot program. (F) Any recommendations for terminating the pilot program, extending the pilot program, or making the pilot program permanent. (g) Definitions In this section: (1) Behavioral health The term behavioral health includes psychiatry, clinical psychology, social work, counseling, and related fields. (2) Civilian behavioral health provider The term civilian behavioral health provider means a behavioral health provider who is a civilian employee of the Department of Defense. (3) Covered civilian behavioral health provider The term covered civilian behavioral health provider means a civilian behavioral health provider whose employment by the Secretary of Defense involves the provision of behavioral health services at a military medical treatment facility. (4) Institution of higher education The term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). 747. Expansion of extramedical maternal health providers demonstration project to include members of the Armed Forces on active duty and other individuals receiving care at military medical treatment facilities Section 746 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 1073 note) is amended— (1) in subsection (a), by inserting , including coverage of such providers at military medical treatment facilities before the period at the end; (2) in subsection (c), by striking covered beneficiaries and inserting covered individuals ; (3) in subsection (f)(2), by striking covered beneficiaries each place it appears and inserting covered individuals ; and (4) in subsection (h)— (A) by amending paragraph (1) to read as follows: (1) The term covered individual means a beneficiary under chapter 55 of title 10, United States Code. ; and (B) by adding at the end the following paragraph: (3) The term TRICARE program has the meaning given that term in section 1072 of title 10, United States Code. . 748. Authority to carry out studies and demonstration projects relating to delivery of health and medical care through use of other transaction authority (a) In general Section 1092(b) of title 10, United States Code, is amended by inserting or transactions (other than contracts, cooperative agreements, and grants) after contracts . (b) Briefing Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and the House of Representatives on how the Secretary intends to use the authority to enter into transactions under section 1092(b) of title 10, United States Code, as amended by subsection (a). 749. Capability assessment and action plan with respect to effects of exposure to open burn pits and other environmental hazards (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall— (1) conduct a capability assessment of potential improvements to activities of the Department of Defense to reduce the effects of environmental exposures with respect to members of the Armed Forces; and (2) develop an action plan to implement such improvements assessed under paragraph (1) as the Secretary considers appropriate. (b) Elements The capability assessment required by subsection (a)(1) shall include the following elements: (1) With respect to the conduct of periodic health assessments, the following: (A) An assessment of the feasibility and advisability of adding additional screening questions relating to environmental and occupational exposures to current health assessments of members of the Armed Forces conducted by the Department of Defense, including pre- and post-deployment assessments and pre-separation assessments. (B) An assessment of the potential value and feasibility of regularly requiring spirometry or other pulmonary function testing pre- and post-deployment for all members, or selected members, of the Armed Forces. (2) With respect to the conduct of outreach and education, the following: (A) An evaluation of clinician training on the health effects of airborne hazards and how to document exposure information in health records maintained by the Department of Defense and the Department of Veterans Affairs. (B) An assessment of the adequacy of current actions by the Secretary of Defense and the Secretary of Veterans Affairs to increase awareness among members of the Armed Forces and veterans of the purposes and uses of the Airborne Hazards and Open Burn Pit Registry and the effect of a potential requirement that individuals meeting applicable criteria be automatically enrolled in the registry unless they opt out of enrollment. (C) An assessment of operational plans for deployment with respect to the adequacy of educational activities for and evaluations of performance of command authorities, medical personnel, and members of the Armed Forces on deployment on anticipated environmental exposures and potential means to minimize and mitigate any adverse health effects of such exposures, including through the use of monitoring, personal protective equipment, and medical responses. (D) An evaluation of potential means to improve the education of health care providers of the Department of Defense with respect to the diagnosis and treatment of health conditions associated with environmental exposures. (3) With respect to monitoring of exposure during deployment operations, the following: (A) An evaluation of potential means to strengthen tactics, techniques, and procedures used in deployment operations to document— (i) specific locations where members of the Armed Forces served; (ii) environmental exposures in such locations; and (iii) any munitions involved during such service in such locations. (B) An assessment of potential improvements in the acquisition and use of wearable monitoring technology and remote sensing capabilities to record environmental exposures by geographic location. (C) An analysis of the potential value and feasibility of maintaining a repository of frozen soil samples from each deployment location to be later tested as needed when concerns relating to environmental exposures are identified. (4) With respect to the use of the Individual Longitudinal Exposure Record (referred to in this paragraph as “ILER”), the following: (A) An assessment of feasibility and advisability of recording individual clinical diagnosis and treatment information in ILER to be integrated with exposure data. (B) An evaluation of— (i) the progress toward making ILER operationally capable and accessible to members of the Armed Forces and veterans by 2023; and (ii) the integration of ILER data with the electronic health records of the Department of Defense and the Department of Veterans Affairs. (C) An assessment of the feasibility and advisability of making ILER data accessible to the surviving family members of members of the Armed Forces and veterans. (5) With respect to the conduct of research, the following: (A) An assessment of the potential use of the Airborne Hazards and Open Burn Pit Registry for research on monitoring and identifying the health consequences of exposure to open burn pits. (B) An analysis of options for increasing the amount and the relevance of additional research into the health effects of open burn pits and effective treatments for such health effects. (C) An evaluation of potential research of biomarker monitoring to document environmental exposures during deployment or throughout the military career of a member of the Armed Forces. (D) An analysis of potential organizational strengthening with respect to the management of research on environmental exposure hazards, including the establishment of a joint program executive office for such management. (E) An assessment of the findings and recommendations of the 2020 report entitled Respiratory Health Effects of Airborne Hazards Exposures in the Southwest Asia Theater of Military Operations by the National Academies of Science, Engineering, and Medicine. (6) An evaluation of such other matters as the Secretary determines appropriate to ensure a comprehensive review of activities relating to the effects of exposure to open burn pits and other environmental hazards. (c) Submission of plan and report Not later than 240 days 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— (1) the action plan required by subsection (a)(2); and (2) a report on the results of the capability assessment required by subsection (a)(1). (d) Definitions In this section: (1) Airborne Hazards and Open Burn Pit Registry The term Airborne Hazards and Open Burn Pit Registry means the registry established under section 201 of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 ( Public Law 112–260 ; 38 U.S.C. 527 note). (2) Environmental exposures The term environmental exposures means exposure to open burn pits and other environmental hazards as the Secretary determines. (3) Open burn pit The term open burn pit has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 ( Public Law 112–260 ; 38 U.S.C. 527 note). 750. Independent analysis of Department of Defense Comprehensive Autism Care Demonstration program Section 737 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 1800) is amended— (1) in subsection (b)(2)— (A) in subparagraph (A)— (i) by inserting broadly after disorder ; and (ii) by striking demonstration project and inserting demonstration program (B) in subparagraph (B), by striking “demonstration project” and inserting “demonstration program”; (C) in subparagraph (C), by inserting parental involvement in applied behavioral analysis treatment, and after including ; (D) in subparagraph (D), by striking for an individual who has and inserting , including mental health outcomes, for individuals who have ; (E) in subparagraph (E), by inserting since its inception after demonstration program ; (F) in subparagraph (F), by inserting cost effectiveness, program effectiveness, and clinical after measure the ; (G) in subparagraph (G), by inserting than in the general population after families ; (H) by redesignating subparagraph (H) as subparagraph (I); and (I) by inserting after subparagraph (G) the following new subparagraph (H): (H) An analysis of whether the diagnosis and treatment of autism is higher among the children of military families than in the general population. ; and (2) in subsection (c), in the matter preceding paragraph (1), by striking nine and inserting 31 . 751. Report on suicide prevention reforms for members of the Armed Forces (a) In general Not later than March 1, 2023, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the feasibility and advisability of implementing the following reforms related to suicide prevention among members of the Armed Forces: (1) Eliminating mental health history as a disqualifier for service in the Armed Forces, including eliminating restrictions related to mental health history that are specific to military occupational specialties. (2) Requiring comprehensive in-person annual mental health assessments of members of the Armed Forces. (3) Requiring behavioral health providers under the TRICARE program, including providers contracted through such program, to undergo evidence-based and suicide-specific training. (4) Requiring leaders at all levels of the Armed Forces to be trained on the following: (A) Total wellness. (B) Suicide warning signs and risk factors. (C) Evidence-based, suicide-specific interventions. (D) Effectively communicating with medical and behavioral health providers. (E) Communicating with family members, including extended family members who are not co-located with a member of the Armed Forces, on support and access to resources for members of the Armed Forces and their dependents. (5) Requiring mandatory referral to Warriors in Transition programs or transitional programs for members of the Armed Forces who are eligible for such programs. (b) Definitions In this section— (1) TRICARE program The term TRICARE program has the meaning given that term in section 1072(7) of title 10, United States Code. (2) Warriors in Transition program The term Warriors in Transition program has the meaning given that term in section 738(e) of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ; 10 U.S.C. 1071 note). 752. Report on behavioral health workforce and plan to address shortfalls in providers (a) Report on behavioral health workforce (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct an analysis of the behavioral health workforce under the direct care component of the military health system and submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the results of such analysis. (2) Elements The report required under paragraph (1) shall include, with respect to the workforce specified in such paragraph, the following: (A) The number of positions authorized for military behavioral health providers within such workforce, and the number of such positions filled, disaggregated by the professions described in paragraph (3). (B) The number of positions authorized for civilian behavioral health providers within such workforce, and the number of such positions filled, disaggregated by the professions described in paragraph (3). (C) For each military department, the ratio of military behavioral health providers assigned to military medical treatment facilities compared to civilian behavioral health providers so assigned, disaggregated by the professions described in paragraph (3). (D) For each military department, the number of military behavioral health providers authorized to be embedded within an operational unit, and the number of such positions filled, disaggregated by the professions described in paragraph (3). (E) Data on the historical demand for behavioral health services by members of the Armed Forces. (F) An estimate of the number of health care providers necessary to meet the demand by such members for behavioral health services under the direct care component of the military health system, disaggregated by provider type. (G) An identification of any shortfall between the estimated number under subparagraph (F) and the total number of positions for behavioral health providers filled within such workforce. (H) Such other information as the Secretary may determine appropriate. (3) Provider types The professions described in this paragraph are as follows: (A) Clinical psychologists. (B) Social workers. (C) Counselors. (D) Such other professions as the Secretary may determine appropriate. (b) Plan to address shortfalls in behavioral health workforce (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan to address any shortfall of the behavioral health workforce identified under subsection (a)(2)(G). (2) Elements The plan required by paragraph (1) shall— (A) address, with respect to any shortfall of military behavioral health providers (addressed separately with respect to such providers assigned to military medical treatment facilities and such providers assigned to be embedded within operational units)— (i) recruitment; (ii) accession; (iii) retention; (iv) special pay and other aspects of compensation; (v) workload; (vi) the role of the Uniformed Services University of the Health Sciences and the Armed Forces Health Professions Scholarship Program under chapter 105 of title 10, United States Code; (vii) any additional authorities or resources necessary for the Secretary to increase the number of such providers; and (viii) such other considerations as the Secretary may consider appropriate; (B) address, with respect to any shortfall of civilian behavioral health providers— (i) recruitment; (ii) hiring; (iii) retention; (iv) pay and benefits; (v) workload; (vi) educational scholarship programs; (vii) any additional authorities or resources necessary for the Secretary to increase the number of such providers; and (viii) such other considerations as the Secretary may consider appropriate; (C) recommend whether the number of military behavioral health providers in each military department should be increased, and if so, by how many; (D) include a plan to expand access to behavioral health services under the military health system through the use of telehealth; (E) include a plan by each military department to allocate additional uniformed mental health providers in military medical treatment facilities at remote installations; and (F) assess the feasibility of hiring civilian mental health providers at remote installations to augment the provision of mental health care services by uniformed mental health providers. (c) Definitions In this section: (1) Behavioral health The term behavioral health includes psychiatry, clinical psychology, social work, counseling, and related fields. (2) Civilian behavioral health provider The term civilian behavioral health provider means a behavioral health provider who is a civilian employee of the Department of Defense. (3) Military behavioral health provider The term military behavioral health provider means a behavioral health provider who is a member of the Armed Forces. (4) Uniformed Services University of the Health Sciences The term Uniformed Services University of the Health Sciences means the university established under section 2112 of title 10, United States Code. VIII Acquisition policy, acquisition management, and related matters A Acquisition policy and management 801. Modifications to middle tier acquisition authority Section 804 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 321 note prec.) is amended by adding at the end the following new subsection: (e) Acquisition planning Within one year of a program being designated as either a rapid prototyping or rapid fielding program, as defined by this section, the component acquisition executive concerned shall approve an acquisition plan that includes— (1) the potential transition pathway or pathways to an existing or planned program of record; (2) a life-cycle cost estimate; and (3) a test plan to verify desired performance goals. . 802. Extension of Defense Modernization Account authority Section 3136 of title 10, United States Code, as transferred by section 1809(g)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 4161), is amended by striking subsection (j). 803. Prohibition on certain procurements of major defense acquisition programs (a) Prohibition on procurement The Secretary of Defense may not enter into, extend, or renew a contract to procure any major defense acquisition program that contains covered items. (b) Certification required The Secretary of Defense shall include in any solicitation for contract proposals, extensions, or renewals a requirement for prime contractors to certify compliance with subsection (a) based on the prime contractor’s performance of vendor verification of all suppliers or potential suppliers in all tiers of such prime contractor’s supply chain. (c) Waiver authority The Secretary may, on a one-time basis, waive the requirements under subsection (a) with respect to a prime contractor that requests such a waiver. The waiver may be provided, for a period of not more than five years after the effective date described in subsection (d), if the prime contractor seeking the waiver— (1) provides a sufficient justification for the additional time to implement the requirements under such subsection, as determined by the Secretary; and (2) submits to the Secretary, who shall not later than 30 days thereafter submit to the congressional defense committees, a full and complete laydown of the presence of covered items in the prime contractor’s supply chain and a phase-out plan to eliminate such covered items from the entity’s systems. (d) Effective date Subsections (a), (b), and (c) shall take effect one year after the date of the enactment of this Act. (e) Rulemaking Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue rules to implement this section. (f) Definitions In this section: (1) Covered foreign country The term covered foreign country means the People’s Republic of China. (2) Covered items The term covered item means an item produced or provided by an entity— (A) owned or controlled by the government of a covered foreign country; or (B) where the place of performance is in a covered foreign country. (3) Major defense acquisition program The term major defense acquisition program has the meaning given the term in section 4201 of title 10, United States Code. 804. Revision of authority for procedures to allow rapid acquisition and deployment of capabilities needed under specified high-priority circumstances (a) Revision and codification of rapid acquisition authority Chapter 253 of part V of title 10, United States Code, is amended to read as follows: 253 Rapid acquisition procedures Sec. 3601. Procedures for urgent acquisition and deployment of capability needed in response to urgent operational needs or vital national security interest. 3601. Procedures for urgent acquisition and deployment of capability needed in response to urgent operational needs or vital national security interest (a) Procedures (1) In general The Secretary of Defense shall prescribe procedures for the urgent acquisition and deployment of capability needed in response to urgent operational needs. The capabilities for which such procedures may be used in response to an urgent operational need are those— (A) that, subject to such exceptions as the Secretary considers appropriate for purposes of this section— (i) can be fielded within a period of two to 24 months; (ii) do not require substantial development effort; (iii) are based on technologies that are proven and available; and (iv) can appropriately be acquired under fixed price contracts; or (B) that can be developed or procured under a section 804 rapid acquisition pathway. (2) Definition In this section, the term section 804 rapid acquisition pathway means the rapid fielding acquisition pathway or the rapid prototyping acquisition pathway authorized under section 804 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 321 prec.). (b) Matters to be included The procedures prescribed under subsection (a) shall include the following: (1) A process for streamlined communications between the Chairman of the Joint Chiefs of Staff, the acquisition community, and the research and development community, including— (A) a process for the commanders of the combatant commands and the Chairman of the Joint Chiefs of Staff to communicate their needs to the acquisition community and the research and development community; and (B) a process for the acquisition community and the research and development community to propose capability that meet the needs communicated by the combatant commands and the Chairman of the Joint Chiefs of Staff. (2) Procedures for demonstrating, rapidly acquiring, and deploying a capability proposed pursuant to paragraph (1)(B), including— (A) a process for demonstrating performance and evaluating for current operational purposes the performance of the capability; (B) a process for developing an acquisition and funding strategy for the deployment of the capability; and (C) a process for making deployment and utilization determinations based on information obtained pursuant to subparagraphs (A) and (B). (3) A process to determine the disposition of a capability, including termination (demilitarization or disposal), continued sustainment, or transition to a program of record. (4) Specific procedures in accordance with the guidance developed under section 804(a) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 321 prec.). (c) Response to combat emergencies and certain urgent operational needs (1) Determination of need for urgent acquisition and deployment (A) In the case of any capability that, as determined in writing by the Secretary of Defense, is urgently needed to eliminate a documented deficiency that has resulted in combat casualties, or is likely to result in combat casualties, the Secretary may use the procedures developed under this section in order to accomplish the urgent acquisition and deployment of the needed capability. (B) In the case of any capability that, as determined in writing by the Secretary of Defense, is urgently needed to eliminate a documented deficiency that impacts an ongoing or anticipated contingency operation and that, if left unfulfilled, could potentially result in loss of life or critical mission failure, the Secretary may use the procedures developed under this section in order to accomplish the urgent acquisition and deployment of the needed capability. (C) (i) In the case of any cyber capability that, as determined in writing by the Secretary of Defense, is urgently needed to eliminate a deficiency that as the result of a cyber attack has resulted in critical mission failure, the loss of life, property destruction, or economic effects, or if left unfilled is likely to result in critical mission failure, the loss of life, property destruction, or economic effects, the Secretary may use the procedures developed under this section in order to accomplish the urgent acquisition and deployment of the needed offensive or defensive cyber capability. (ii) In this subparagraph, the term cyber attack means a deliberate action to alter, disrupt, deceive, degrade, or destroy computer systems or networks or the information or programs resident in or transiting these systems or networks. (2) Designation of senior official responsible (A) (i) Except as provided under clause (ii), whenever the Secretary makes a determination under subparagraph (A), (B), or (C) of paragraph (1) that a capability is urgently needed to eliminate a deficiency described in that subparagraph, the Secretary shall designate a senior official of the Department of Defense to ensure that the needed capability is acquired and deployed as quickly as possible, with a goal of awarding a contract for the acquisition of the capability within 15 days. (ii) Clause (i) does not apply to an acquisition initiated in the case of a determination by the Secretary that funds are necessary to immediately initiate a project under a section 804 rapid acquisition pathway if the designated official for acquisitions using such pathway is a service acquisition executive. (B) Upon designation of a senior official under subparagraph (A) with respect to a needed capability, the Secretary shall authorize that official to waive any provision of law or regulation described in subsection (d) that such official determines in writing would unnecessarily impede the urgent acquisition and deployment of the needed capability. In a case in which the needed capability cannot be acquired without an extensive delay, the senior official shall require that an interim solution be implemented and deployed using the procedures developed under this section to minimize adverse consequences resulting from the urgent need. (3) Use of funds (A) In any fiscal year in which the Secretary makes a determination described in subparagraph (A), (B), or (C) of paragraph (1), or upon the Secretary making a determination that funds are necessary to immediately initiate a project under a section 804 rapid acquisition pathway based on a compelling national security need, the Secretary may use any funds available to the Department of Defense if the determination includes a written finding that the use of such funds is necessary to address in a timely manner the deficiency documented or identified under such subparagraph (A), (B), or (C) or the compelling national security need identified for purposes of such section 804 pathway, respectively. (B) The authority provided by this section may only be used to acquire capability— (i) in the case of determinations by the Secretary under paragraph (1)(A), in an amount aggregating not more than $200,000,000 during any fiscal year; (ii) in the case of determinations by the Secretary under paragraph (1)(B), in an amount aggregating not more than $200,000,000 during any fiscal year; (iii) in the case of determinations by the Secretary under paragraph (1)(C), in an amount aggregating not more than $200,000,000 during any fiscal year; and (iv) in the case of a determination by the Secretary that funds are necessary to immediately initiate a project under a section 804 rapid acquisition pathway, in an amount aggregating not more than $50,000,000 during any fiscal year. (C) In exercising the authority under this section, the use of funds is limited as follows: (i) When operation and maintenance (O&M) funds are utilized as a source, special O&M funds established for a dedicated or proscribed purpose may not be used. (ii) When funds are utilized for sustainment purposes, this authority may not be used for more than 2 years. (4) Notification to congressional defense committees (A) In the case of a determination by the Secretary under subparagraph (A) or (C) of paragraph (1), the Secretary shall notify the congressional defense committees of the determination within 15 days after the date of the determination. (B) In the case of a determination by the Secretary under paragraph (1)(B), the Secretary shall notify the congressional defense committees of the determination at least 10 days before the date on which the determination is effective. (C) In the case of a determination by the Secretary under paragraph (3)(A) that funds are necessary to immediately initiate a project under a section 804 rapid acquisition pathway, the Secretary shall notify the congressional defense committees of the determination within 10 days after the date of the use of such funds. (D) A notice under this paragraph shall include the following: (i) Identification of the capability to be acquired. (ii) The amount anticipated to be expended for the acquisition. (iii) The source of funds for the acquisition. (E) A notice under this paragraph shall fulfill any requirement to provide notification to Congress for a program (referred to as a new start program ) that has not previously been specifically authorized by law or for which funds have not previously been appropriated. (F) A notice under this paragraph shall be provided in consultation with the Director of the Office of Management and Budget. (5) Limitation on officers with authority The authority to make determinations under subparagraph (A), (B), or (C) of paragraph (1) and under paragraph (3)(A) that funds are necessary to immediately initiate a project under a section 804 rapid acquisition pathway, to designate a senior official responsible under paragraph (3), and to provide notification to the congressional defense committees under paragraph (4) may be exercised only by the Secretary or Deputy Secretary of Defense. (d) Authority to waive certain laws and regulations (1) Authority The Secretary or Deputy Secretary of Defense, for a capability required to address the needs described in subsection (c)(1) or, upon a determination described in subsection (c)(1), and the senior official designated in accordance with subsection (c)(2), with respect to that designation, is authorized to waive any provision of law or regulation addressing— (A) the establishment of a requirement or specification for the capability to be acquired; (B) the research, development, test, and evaluation of the capability to be acquired; (C) the production, fielding, and sustainment of the capability to be acquired; or (D) the solicitation, selection of sources, and award of the contracts for procurement of the capability to be acquired. (2) Limitations Nothing in this subsection authorizes the waiver of— (A) the requirements of this section; (B) any provision of law imposing civil or criminal penalties; or (C) any provision of law governing the proper expenditure of appropriated funds. (e) Operational assessments (1) In general The process prescribed under subsection (b)(2)(A) for demonstrating performance and evaluating the current operational performance of a capability proposed pursuant to subsection (b)(1)(B) shall include the following: (A) An operational assessment in accordance with procedures prescribed by the Director of Operational Test and Evaluation. (B) A requirement to provide information about any deficiency of the capability in meeting the original requirements for the capability (as stated in a statement of the urgent operational need or similar document) to the deployment decision-making authority. (2) Limitation The process may not include a requirement for any deficiency of capability identified in the operational assessment to be the determining factor in deciding whether to deploy the capability. (3) Director of Operational Test and Evaluation access If a capability is deployed under the procedures prescribed pursuant to this section, or under any other authority, before operational test and evaluation of the capability is completed, the Director of Operational Test and Evaluation shall have access to operational records and data relevant to such capability in accordance with section 139(e)(3) of this title for the purpose of completing operational test and evaluation of the capability. Such access shall be provided in a time and manner determined by the Secretary of Defense consistent with requirements of operational security and other relevant operational requirements. . (b) Clerical amendment The table of chapters at the beginning of subtitle A, and at the beginning of part V of subtitle A, of title 10, United States Code, are each amended by striking the item relating to chapter 253 and inserting the following: 253. Rapid Acquisition Procedures 3601 . (c) Conforming repeals The following provisions of law are repealed: (1) Section 804 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 ). (2) Section 806 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 ( Public Law 107–314 ). 805. Acquisition reporting system (a) In general The Secretary of Defense shall institute a defense acquisition reporting system to replace the requirements of section 4351 of title 10, United States Code, as soon as practicable but not later than June 30, 2023. (b) Elements The reporting system required under subsection (a) may include such elements as determined by the Secretary to support the acquisition information reporting needs of the Department, and at a minimum shall— (1) continue to produce the information necessary to carry out the actions specified in chapter 325 of title 10, United States Code; (2) continue to produce the information necessary to carry out the actions specified in sections 4217 and 4311 of the Atomic Energy Defense Act ( 50 U.S.C. 2537 , 2577); (3) incorporate the findings of section 805 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ); and (4) provide the congressional defense committees and other designated Government entities with access to updated acquisition reporting on a not less than quarterly basis. 806. Modification of reporting requirement in connection with requests for multiyear procurement authority for large defense acquisitions Section 3501(i)(2) of title 10, United States Code, is amended— (1) by striking shall include in the request the following: and all that follows through (A) A report and inserting shall include in the request a report ; and (2) by striking subparagraph (B). 807. Modification of limitation on cancellation of designation of Executive Agent for a certain Defense Production Act program Section 226 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 131 Stat. 1335) is amended— (1) in subsection (a), by striking The Secretary and inserting Except as provided for under subsection (e), the Secretary ; (2) by redesignating subsection (e) as subsection (f); and (3) by inserting after subsection (d) the following new subsection: (e) Designation of other Executive Agents The Secretary of Defense may designate other Executive Agents within the Department to implement Defense Production Act transactions entered into under the authority of sections 4002, 4003 and 4004 of title 10, United States Code. . 808. Comptroller General assessment of acquisition programs and related efforts (a) In general Section 3072 of title 10, United States Code, is amended— (1) in the section heading, by striking initiatives and inserting efforts ; (2) by striking initiatives each place it appears and inserting efforts ; (3) in subsection (a), by striking through 2023 and inserting through 2026 ; and (4) in subsection (c), in the subsection heading, by striking initiatives and inserting efforts . (b) Clerical amendment The table of sections at the beginning of chapter 203 of title 10, United States Code, is amended in the item relating to section 3072 by striking initiatives and inserting efforts . B Amendments to general contracting authorities, procedures, and limitations 821. Treatment of certain clauses implementing executive order mandates (a) In general Section 3862 of title 10, United States Code, is amended— (1) in the section heading, by striking : certification ; (2) by redesignating subsection (c) as subsection (d); (3) by inserting after subsection (b) the following new subsection: (c) Treatment of certain clauses implementing executive order mandates (1) The insertion of a covered clause into an existing Department of Defense contract, order, or other transaction shall be treated as a change directed by the contracting officer pursuant to, and subject to, the Changes clause of the underlying contractual instrument. (2) In this subsection, the term covered clause means any clause implementing the requirements of an Executive order issued by the President. ; and (4) in subsection (d), as redesignated by paragraph (2)— (A) in the subsection heading, by striking Definition and inserting Definitions ; (B) by striking section, the term and inserting the following: “section: (1) The term ; and (C) by adding at the end the following new paragraph: (2) The term Changes clause means the clause described in part 52.243–4 of the Federal Acquisition Regulation or any successor regulation. . (b) Clerical amendment The table of sections at the beginning of chapter 281 of title 10, United States Code, is amended by striking the item relating to section 3862 and inserting the following: 3862. Requests for equitable adjustment or other relief. . (c) Conforming regulations Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to conform with the amendments to section 3862 of title 10, United States Code, made by subsection (a). (d) Conforming policy guidance Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise applicable policy guidance on other transactions to conform with the amendments to section 3862 of title 10, United States Code, made by subsection (a). 822. Data requirements for commercial products for major weapon systems (a) Amendments relating to subsystems of major weapons systems Section 3455(b) of title 10, United States Code is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B); (2) by inserting (1) before A subsystem of a major weapon system ; and (3) by adding at the end the following new paragraph: (2) For subsystems proposed as commercial as defined in section 103(1) of title 41 and that have not been previously determined commercial in accordance with section 3703(d) of this title, the offeror shall be required to identify the comparable commercial product that is customarily used by the general public or non-governmental entities that serves as the basis for the of a type assertion. The offeror shall submit a comparison of the essential physical characteristics and functionality between the proposed of a type product and the comparable commercial product in support of the of a type assertion. The offeror shall also provide the National Stock Numbers for both the comparable commercial product used by the general public, if one is assigned, and the product proposed to meet the Government’s requirement, if one is assigned. . (b) Amendments relating to components and spare parts Section 3455(c) of such title is amended— (1) by redesignating paragraph (2) as paragraph (3); (2) by inserting after paragraph (1) the following new paragraph (2): (2) For components or spare parts proposed as commercial as defined in section 103(1) of title 41 and that have not previously been determined commercial in accordance with section 3703(d) of this title, the offeror shall be required to identify the comparable commercial product that is customarily used by the general public or non-governmental entities that serves as the basis for the of a type assertion. The offeror shall submit a comparison of the essential physical characteristics and functionality between the proposed of a type product and the comparable commercial product in support of the of a type assertion. The offeror shall also provide the National Stock Numbers for both the comparable commercial product used by the general public, if one is assigned, and the product proposed to meet the Government’s requirement, if one is assigned. ; and (3) in paragraph (3), as so redesignated— (A) by striking only ; and (B) by striking on which the prime contractor adds no, or negligible, value . (c) Amendments relating to information submitted Section 3455(d) of such title is amended— (1) in the subsection heading, by inserting after Submitted the following: for procurements that are not covered by the exceptions in section 3703(a)(1) of this title ; (2) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking the contracting officer shall require the offeror to submit— and inserting the offeror shall be required, on an unredacted basis, to submit to the contracting officer or provide access to— ; (B) in subparagraph (A)— (i) by inserting all before prices paid ; and (ii) by inserting , and the terms and conditions, after terms and conditions ; (C) in subparagraph (B)— (i) by striking clauses (ii), (iii), and (iv); and (ii) by striking information on— and all that follows through terms and conditions; and inserting information on all prices for the same or similar items sold under different terms and conditions, and the terms and conditions; and ; and (D) in subparagraph (C), by inserting after reasonableness of price the following: because either the comparable products provided by the offeror are not a valid basis for a price analysis or the contracting officer determines the proposed price is not reasonable after evaluating sales data ; and (3) by adding at the end the following new paragraph: (4) A request for cost data under paragraph (1)(C) must be approved at a level above the contracting officer. . 823. Task and delivery order contracting for architectural and engineering services Section 3406 of title 10, United States Code, is amended by adding at the end the following new subsection: (h) Architectural and engineering services (1) Task or delivery orders for architectural and engineering services issued under section 3403 or 3405 of this title shall be qualification-based selections executed in accordance with chapter 11 of title 40. (2) When issuing a task or delivery orders for architectural and engineering services under a multiple award contract, the head of an agency shall not routinely request additional information from contractors, but may request additional information or conduct discussions with contractors when available information is insufficient, in order to determine the most highly qualified contractor to perform the work in accordance with chapter 11 of title 40. . 824. Extension of pilot program for distribution support and services for weapons systems contractors Section 883 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 4292 note prec.) is amended— (1) in subsection (a), by striking six-year pilot program and inserting seven-year pilot program ; and (2) in subsection (g), by striking six years and inserting seven years . 825. Pilot program to accelerate contracting and pricing processes Section 890(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 2306a note) is amended by striking January 2, 2023 and inserting January 2, 2024 . 826. Extension of Never Contract with the Enemy Section 841(n) of the National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 128 Stat. 3455) is amended by striking December 31, 2023 and inserting December 31, 2025 . 827. Progress payment incentive pilot (a) Pilot program The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish and implement a pilot program, to be known as the Progress Payment Incentive Pilot Program , to make accelerated progress payments contingent upon responsiveness to Department of Defense goals for effectiveness, efficiency, and increasing small business contract opportunities. (b) Purpose The purpose of the pilot program is to reward Department of Defense contractors who meet contract delivery dates, respond to Department solicitations for required certified cost or pricing data, meet small business contracting goals, and provide subcontracting opportunities for AbilityOne contracts. (c) Progress payments (1) Limitations for large contractors Except as provided under paragraph (2), under the pilot program, the Department of Defense may not award to large business contractors progress payments in excess of 50 percent. (2) Exceptions The Department of Defense may increase the rate of progress payments, up to a total of 95 percent, by the following percentages: (A) 10 percent if the relevant division of the contractor met contract delivery dates for contract end items and contract data requirement lists or performance milestone schedule, as the case may be, at least 95 percent of the time during the preceding Government fiscal year. (B) 10 percent if the division does not have open level III or IV corrective action requests. (C) 10 percent if all applicable contractor business systems are acceptable, without significant deficiencies. (D) 7.5 percent if at least 95 percent of the time during the preceding Government fiscal year, when responding to solicitations that required submission of certified cost or pricing data, the division met the due date in the request for proposal. (E) 5 percent if the contractor has met its small business subcontracting goals during the preceding Government fiscal year. (F) 2.5 percent if the contractor has provided subcontracting opportunities for the blind and severely disabled. (d) Sunset The authority to make accelerated payments under the pilot program shall terminate on the date that is four years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2023. (e) Definitions In this section: (1) Large defense contractor The term large defense contractor means a contractor (other than an institution of higher education or a federally funded research and development center) that received more than $10,000,000 in annual revenue from the Department of Defense contracts or licenses in any of the previous three years. (2) Progress payments The term progress payments means payments provided for under section 3804 of title 10, United States Code. 828. Report on Department of Defense Strategic Capabilities Office contracting capabilities (a) Report required Not later than March 1, 2023, the Secretary of Defense, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering, and the Director of the Strategic Capabilities Office (SCO), shall submit to the congressional defense committees a report on the adequacy of SCO contracting authorities. (b) Elements The report required under subsection (a) shall include— (1) a summary of the existing authorities of the SCO, including the mechanisms for contracting in support of existing programs; (2) an assessment of the average amount of time needed to conduct contracting actions through current mechanisms described in paragraph (1); (3) an assessment of the pros and cons of the current contracting processes for SCO in relation to their ability to rapidly develop and deploy technology in support of Department of Defense operational units; (4) an assessment of the type or types of contracting authority that would be most beneficial to the SCO in carrying out its mission in order to achieve desired speed and scale for the organization, including any limits or oversight measures that should be put into place; (5) an assessment of structural changes that may be needed in order to accommodate the preferred contracting approach for SCO; and (6) the Secretary of Defense’s recommendations for future authorities for the SCO. C Industrial base matters 841. Analyses of certain activities for action to address sourcing and industrial capacity (a) Analysis required (1) In general The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment and other appropriate officials, shall review the items under subsection (c) to determine and develop appropriate actions, consistent with the policies, programs, and activities required under subpart I of part V of subtitle A of title 10, United States Code, chapter 83 of title 41, United States Code, and the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. ), including— (A) restricting procurement, with appropriate waivers for cost, emergency requirements, and non-availability of suppliers, including restricting procurement to— (i) suppliers in the United States; (ii) suppliers in the national technology and industrial base (as defined in section 4801 of title 10, United States Code); (iii) suppliers in other allied nations; or (iv) other suppliers; (B) increasing investment through use of research and development or procurement activities and acquisition authorities to— (i) expand production capacity; (ii) diversify sources of supply; or (iii) promote alternative approaches for addressing military requirements; (C) prohibiting procurement from selected sources or nations; (D) taking a combination of actions described under subparagraphs (A), (B), and (C); or (E) taking no action. (2) Considerations The analyses conducted pursuant to paragraph (1) shall consider national security, economic, and treaty implications, as well as impacts on current and potential suppliers of goods and services. (b) Reporting on analyses, recommendations, and actions (1) Interim brief Not later than January 15, 2024, the Secretary of Defense shall submit to the congressional defense committees— (A) a summary of the findings of the analyses undertaken for each item pursuant to subsection (a); (B) relevant recommendations resulting from the analyses; and (C) descriptions of specific activities undertaken as a result of the analyses, including schedule and resources allocated for any planned actions. (2) Reporting The Secretary of Defense shall include the analyses conducted under subsection (a), and any relevant recommendations and descriptions of activities resulting from such analyses, as appropriate, in each of the following submitted during the 2024 calendar year: (A) The annual or quarterly reports to Congress required under section 4814 of title 10, United States Code. (B) The annual report on unfunded priorities of the national technology and industrial base required under section 4815 of such title. (C) Department of Defense technology and industrial base policy guidance prescribed under section 4811(c) of such title. (D) Activities to modernize acquisition processes to ensure the integrity of the industrial base pursuant to section 4819 of such title. (E) Defense memoranda of understanding and related agreements considered in accordance with section 4851 of such title. (F) Industrial base or acquisition policy changes. (G) Legislative proposals for changes to relevant statutes which the Department shall consider, develop, and submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives not less frequently than once per fiscal year. (H) Other actions as the Secretary of Defense determines appropriate. (c) List of goods and services for analyses, recommendations, and actions The items described in this subsection are the following: (1) Solar components for satellites. (2) Satellite ground station service contracts. 842. Modification to miscellaneous limitations on the procurement of goods other than United States goods Section 4864 of title 10, United States Code, is amended by inserting after subsection (j) the following new subsection: (k) Periodic review requirement (1) Required determination Not later than November 1, 2024, and every five years thereafter, the Under Secretary of Defense for Acquisition and Sustainment shall review each item described in subsections (a) and (e) of this section and make and submit to the congressional defense committees a written determination with one of the following recommendations: (A) Recommend continued inclusion of the item under this section. (B) Recommend continued inclusion of the item under this section with modifications. (C) Recommend discontinuing inclusion of the item under this section. (2) Elements The review required under paragraph (1) shall include the following elements for the most recent five-year period: (A) The criticality of the item to a military unit's mission accomplishment or other national security objectives. (B) The extent to which such item is fielded in current programs of record. (C) The number of such items to be procured by current programs of record. (D) The extent to which cost and pricing data for such item has been deemed fair and reasonable. (3) Justification The determination required under paragraph (1) shall also include the findings of the review conducted under such paragraph and other key justifications for the determination. . 843. Demonstration exercise of enhanced planning for industrial mobilization and supply chain management (a) Demonstration exercise required Not later than December 31, 2024, the Secretary of Defense shall conduct a demonstration exercise of industrial mobilization and supply chain management planning capabilities in support of an operational or contingency plan use case, as selected in consultation with the Chairman of the Joint Chiefs of Staff and the Under Secretary of Defense for Acquisition and Sustainment. The demonstration exercise shall identify a current program that is both fielded and still in production from each military service, Defense Agency, and Department of Defense Field Activity in order to model a notional plan for mobilization or supply chain management, as associated with the selected operational or contingency plan. (b) Elements The demonstration exercise required under subsection (a) shall include the following elements: (1) The exercise of processes and authorities that support the Department for industrial mobilization in support of declared hostilities or other contingency operations. (2) The identification of process improvements or gaps in resources, capabilities, or authorities that require remediation, including those related to government or contractor production facilities, tooling, or workforce development. (3) The implementation of analytical tools and processes to monitor and assess the health of the industrial base and use near real-time data and visualization capabilities in making production and distribution decisions, with an emphasis on identifying, assessing, and demonstrating commercially available tools. (4) The establishment and tracking of goals and metrics to support institutionalization of defense industrial base health assessment and planning. (c) Briefing required Not later than November 1, 2023, the Secretary shall provide to the congressional defense committees an interim briefing on the demonstration exercise required under subsection (a), including— (1) an identification of the programs and use cases to be demonstrated; (2) a description of methodology for executing the demonstration exercise, including analytical tools or metrics identified to support the process; and (3) any preliminary findings. (d) Assessment Not later than March 1, 2025, the Secretary shall submit to the congressional defense committees a final assessment report of the demonstration exercise, including a description of— (1) the use cases considered in this demonstration exercise; (2) the elements required under subsection (b); (3) outcomes and conclusions; (4) lessons learned; and (5) any recommendations for legislative action that may be required as a result. (e) Definitions In this section, the terms military department , Defense Agency , and Defense Field Activity” have the meanings given those terms in section 101 of title 10, United States Code. 844. Procurement requirements relating to rare earth elements and strategic and critical materials (a) Disclosures concerning rare earth elements and strategic and critical materials by contractors of Department of Defense (1) Requirement Beginning on the date that is 30 months after the date of the enactment of this Act, the Secretary of Defense shall require that any contractor that provides to the Department of Defense a system with a permanent magnet that contains rare earth elements or strategic and critical materials disclose, along with delivery of the system, the provenance of the magnet. (2) Elements A disclosure under paragraph (1) shall include an identification of the country or countries in which— (A) any rare earth elements and strategic and critical materials used in the magnet were mined; (B) such elements and minerals were refined into oxides; (C) such elements and minerals were made into metals and alloys; and (D) the magnet was sintered or bonded and magnetized. (3) Implementation of supply chain tracking system If a contractor cannot make the disclosure required by paragraph (1) with respect to a system described in that paragraph, the Secretary shall require the contractor to establish and implement a supply chain tracking system in order to make the disclosure not later than 180 days after providing the system to the Department of Defense. (4) Waivers (A) In general The Secretary may waive a requirement under paragraph (1) or (3) with respect to a system described in paragraph (1) for a period of not more than 180 days if the Secretary certifies to the Committees on Armed Services of the Senate and the House of Representatives that— (i) the continued procurement of the system is necessary to meet the demands of a national emergency declared under section 201 of the National Emergencies Act ( 50 U.S.C. 1621 ); or (ii) the contractor cannot currently make the disclosure required by paragraph (1) but is making significant efforts to comply with the requirements of that paragraph. (B) Waiver renewals The Secretary— (i) may renew a waiver under subparagraph (A)(i) as many times as the Secretary considers appropriate; and (ii) may not renew a waiver under subparagraph (A)(ii) more than twice. (5) Briefing required Not later than 30 days after the submission of each report required by subsection (c)(3), the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing that includes— (A) a summary of the disclosures made under this subsection; (B) an assessment of the extent of reliance by the United States on foreign countries, and especially countries that are not allies of the United States, for rare earth elements and strategic and critical materials; (C) a determination with respect to which systems described in paragraph (1) are of the greatest concern for interruptions of supply chains with respect to rare earth elements and strategic and critical materials; and (D) any suggestions for legislation or funding that would mitigate security gaps in such supply chains. (b) Expansion of restrictions on procurement of military and dual-use technologies by Chinese military companies Section 1211 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 ; 10 U.S.C. 4651 note prec.) is amended— (1) in the section heading, by striking Communist Chinese military companies and inserting Chinese military companies ; (2) in subsection (a), by inserting after military company the following: , any Chinese military company, or any Non-SDN Chinese military-industrial complex company ; (3) by amending subsection (b) to read as follows: (b) Goods and services covered (1) In general For purposes of subsection (a), and except as provided in paragraph (2), the goods and services described in this subsection are goods and services— (A) on the munitions list of the International Traffic in Arms Regulations; or (B) on the Commerce Control List that— (i) are classified in the 600 series; or (ii) contain strategic and critical materials, rare earth elements, or energetic materials used to manufacture missiles or munitions. (2) Exceptions Goods and services described in this subsection do not include goods or services procured— (A) in connection with a visit by a vessel or an aircraft of the United States Armed Forces to the People's Republic of China; (B) for testing purposes; or (C) for purposes of gathering intelligence. ; and (4) in subsection (e)— (A) by striking paragraph (3); (B) by redesignating paragraphs (1) and (2) as paragraphs (3) and (5), respectively; (C) by inserting before paragraph (3), as redesignated by subparagraph (B), the following: (1) The term Chinese military company has the meaning given that term by section 1260H(d)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 113 note). (2) The term Commerce Control List means the list maintained by the Bureau of Industry and Security and set forth in Supplement No. 1 to part 774 of the Export Administration Regulations. ; (D) by inserting after paragraph (3), as so redesignated, the following: (4) The term Export Administration Regulations has the meaning given that term in section 1742 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 ). ; and (E) by adding at the end the following: (6) The term Non-SDN Chinese military-industrial complex company means any entity on the Non-SDN Chinese Military-Industrial Complex Companies List— (A) established pursuant to Executive Order 13959 ( 50 U.S.C. 1701 note; relating to addressing the threat from securities investments that finance Communist Chinese military companies), as amended before, on, or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2023; and (B) maintained by the Office of Foreign Assets Control of the Department of the Treasury. (7) The term strategic and critical materials means materials designated as strategic and critical under section 3(a) of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98b(a) ). . (c) Review of compliance with contracting requirements (1) In general Not later than one year after the date of the enactment of this Act, and periodically thereafter until the termination date specified in paragraph (5), the Comptroller General of the United States shall assess the extent of the efforts of the Department of Defense to comply with the requirements of— (A) subsection (a); (B) section 1211 of the National Defense Authorization Act for Fiscal Year 2006, as amended by subsection (b); and (C) section 4872 of title 10, United States Code. (2) Briefing required The Comptroller General shall periodically, until the termination date specified in paragraph (5), provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the results of the assessments conducted under paragraph (1) that includes an assessment of— (A) the inclusion by the Department of Defense of necessary contracting clauses in relevant contracts to meet the requirements described in subparagraphs (A), (B), and (C) of paragraph (1); and (B) the efforts of the Department of Defense to assess the compliance of contractors with such clauses. (3) Report required The Comptroller General shall, not less frequently than every 2 years until the termination date specified in paragraph (5), submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the assessments conducted under paragraph (1) that includes an assessment of— (A) the inclusion by the Department of Defense of necessary contracting clauses in relevant contracts to meet the requirements described in subparagraphs (A), (B), and (C) of paragraph (1); and (B) the efforts of the Department of Defense to assess the compliance of contractors with such clauses. (4) Referral If, in conducting an assessment under paragraph (1), the Comptroller General determines that a contractor has failed to comply with any of the requirements described in subparagraphs (A), (B), and (C) of paragraph (1), the Comptroller General shall refer the matter to the Department of Justice, relevant Inspectors General, or other enforcement agencies, as appropriate, for further examination and possible enforcement actions. (5) Termination The requirements of this subsection shall terminate on the date that is 10 years after the date of the enactment of this Act. (d) Strategic and critical materials defined In this section, the term strategic and critical materials means materials designated as strategic and critical under section 3(a) of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98b(a) ). 845. Modification to the national technology and industrial base Section 4801(1) of title 10, United States Code, is amended by inserting New Zealand, after Australia, . 846. Modification of prohibition on operation or procurement of foreign-made unmanned aircraft systems Section 848(d)(1) of the National Defense Authorization Act for Fiscal Year 2020 ( 10 U.S.C. 4871 note; Public Law 116–92 ) is amended by striking means the People's Republic of China. and inserting “means any of the following: (A) The People's Republic of China. (B) The Russian Federation. (C) The Islamic Republic of Iran. (D) The Democratic People's Republic of Korea. . 847. Annual report on industrial base constraints for munitions (a) Briefing on fulfillment of munitions requirements Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall deliver a briefing to the congressional defense committees regarding the current process for fulfilling the requirements of section 222c of title 10, United States Code, in a timely fashion with standardization across the Department of Defense. (b) Annual report on industrial base constraints for munitions (1) In general Chapter 9 of title 10, United States Code, is amended by inserting after section 222c the following new section: 222d. Annual report on industrial base constraints for munitions (a) In general Not later than 30 days after the submission of all reports required under section 222c(a) of this title, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Service Acquisition Executive for each military service, shall submit to the congressional defense committees a report setting forth in detail the industrial base constraints for each munition identified in the Out-Year Unconstrained Total Munitions Requirement. (b) Elements The report required under subsection (a) shall include the following elements, by munition: (1) Programmed purchase quantities per year. (2) Average procurement unit cost per year. (3) Contract type. (4) Current minimum sustaining rate of production per month and year. (5) Current maximum rate of production per month and year. (6) Expected date to meet the total requirement in section 222c of this title under the current programmed purchase profile. (7) A description of industrial base constraints on increased production. (8) A description of investments or policy changes made by the contractor to increase production, enable more efficient production, or mitigate significant loss of stability in potential production. (9) A description of investments or policy changes made by the United States Government to increase production, enable more efficient production, or mitigate significant loss of stability in potential production. (10) A description of potential investments or policy changes identified by the contractor or the United States Government to increase production, enable more efficient production, or mitigate significant loss of stability in potential production. (11) A list of contracts for munitions with DX or DO ratings under the Defense Priorities and Allocations System. (12) A prioritized list of munitions or capabilities judged to have high value for export for which additional work would be necessary to enable export, including a description of required investments to enhance exportability. (c) Working definition of munition The Under Secretary may define munition for the purposes of this section given the multiple subtypes of munitions. . (2) Clerical amendment The table of sections at the beginning of chapter 9 of title 10, United States Code, is amended by inserting after the item relating to section 222c the following new item: 222d. Annual report on industrial base constraints for munitions. . D Small business matters 861. Modifications to the Defense Research and Development Rapid Innovation Program (a) In general Section 4061 of title 10, United States Code, is amended— (1) in subsection (a)(1), by striking fielding of technologies developed pursuant to phase II Small Business Innovation Research Program projects, phase II Small Business Technology Transfer Program projects and inserting fielding of technologies developed pursuant to other programs within the Department of Defense or the Federal Government to mature fundamental or applied technology ; (2) in subsection (b)— (A) by striking the first sentence and inserting the following: The Secretary shall direct the Director of the Office of Small Business Programs to issue guidelines for the operation of the program in coordination with the Under Secretary of Defense for Research and Engineering. ; (B) by striking paragraph (3) and redesignating paragraphs (4) through (7) as paragraphs (3) through (6), respectively; (C) in paragraph (1), by adding at the end the following: This may include candidate proposals that have been previously selected through other agency competitive procedures. ; (D) in paragraph (2), by adding at the end the following: Projects that have been selected through this competitive process are eligible to receive sole-source awards subsequently for production or integration into a system of record. ; (E) in paragraph (3), as redesignated by subparagraph (B), by striking No project shall receive more than a total of two years of funding under the program and inserting Projects may be funded to develop an initial concept (Phase I), mature a technology (Phase II), or integrate the technology in a system of record or operational environment (Phase III). No project shall receive more than a total of one year of funding under the program for Phase I, four years for Phase II, or three years for Phase III ; (F) in paragraph (6), as so redesignated, by inserting and universities that make proposals with significant small business participation after small business concerns ; and (G) by adding at the end the following new paragraph: (7) A requirement that no agreement may be entered into unless the Secretary of the military department concerned certifies in writing that the successful transition of the program to Phase III and into the acquisition process is expected to meet high priority military requirements of such military department. ; (3) in subsection (c), by inserting congressional before earmark ; (4) by amending subsection (d) to read as follows: (d) Funding (1) Not less than 3.2 percent of the extramural budget for research, development, test, and evaluation of the Department of Defense in excess of $100,000,000 shall be used to field technologies under the program. (2) Up to 0.5 percent of the amount required under paragraph (1) may be used to cover administrative costs associated with the program. ; and (5) by adding at the end the following new subsection: (f) Goal for technology insertion The Director of the Office of Small Business Programs shall— (1) set a goal to increase the number of contracts awarded by the Secretary that lead to technology transition into programs of record or fielded systems; (2) use incentives in effect on December 31, 2021, or create new incentives, to encourage agency program managers and prime contractors to meet the goal under paragraph (1); and (3) submit to the congressional defense committees — (A) the number and percentage of contracts awarded by the Secretary that led to technology transition into programs of record or fielded systems; (B) information on the status of each project that received funding the program and efforts to transition those projects into programs of record or fielded systems; and (C) a description of each incentive that has been used by the Secretary under paragraph (2) and the effectiveness of that incentive with respect to meeting the goal under paragraph (1). . (b) Public-private partnership technology investment pilot program (1) In general Chapter 303 of title 10, United States Code, is amended by inserting after section 4062 the following new section: 4063. Public-private partnership technology investment pilot program (a) Establishment (1) Subject to the availability of appropriations for this purpose, the Secretary of Defense shall, acting through the Under Secretary of Defense for Research and Engineering and in coordination with the Under Secretary of Defense for Acquisition and Sustainment, carry out a pilot program, for no less than five years, to accelerate the development of advanced technology for national security by creating incentives for trusted private capital to invest in domestic small businesses or nontraditional businesses that are developing technology that the Secretary considers necessary to support the modernization of the Department of Defense and national security priorities. (2) The purposes of the program required by paragraph (1) are as follows: (A) To promote the global superiority of the United States in advanced technologies of importance to national security, which are not adequately supported by private sector investment. (B) To accelerate the transition and deployment of advanced technologies into the Armed Forces. (C) To inform Department investment through coordinating planning consideration, technology roadmaps, and other analysis, as appropriate. (b) Public-private partnership (1) In carrying out subsection (a), the Secretary shall enter into a public-private partnership with one or more for-profit persons using criteria that the Secretary shall establish for purposes of this subsection. (2) The criteria established under paragraph (1) for entering into a public-private partnership with a person shall include the following: (A) The person shall be independent. (B) The person shall be free from foreign oversight, control, influence, or beneficial ownership. (C) The person shall have commercial private capital fund experience with technology development in the defense and commercial sectors. (D) The person shall be eligible for access to classified information (as defined in the procedures established pursuant to section 801(a) of the National Security Act of 1947 ( 50 U.S.C. 3161(a) )). (3) The Secretary and a person with whom the Secretary enters a partnership under paragraph (1) shall enter into an operating agreement that sets forth the roles, responsibilities, authorities, reporting requirements, and governance framework for the partnership and its operations. (c) Investment and raising of capital (1) (A) Pursuant to a public-private partnership entered into under subsection (b), a person with whom the Secretary has entered the partnership shall invest equity in domestic small businesses or nontraditional businesses consistent with subsection (a). (B) Investments under subparagraph (A) shall be selected based on their technical merit, economic considerations, and ability to support modernization goals of the Department. (2) Pursuant to a public-private partnership entered into under subsection (b), a person described in paragraph (1)(A) shall, in order to support investment of equity under paragraph (1), raise private capital only from trusted capital sources. (3) A person described in subparagraph (A) shall have sole authority to raise funds for, operate, manage, and invest capital raised under such subparagraph. (d) Briefings (1) Not later than one year after the date of the enactment of this section, the Secretary shall provide to the congressional defense committees— (A) a briefing on the implementation of this section; and (B) a report on the feasibility of implementing loan guarantees as an aspect to enhance the effectiveness of this program, including— (i) a detailed description of how loan guarantees would be vetted, approved, and managed, including mechanisms to protect the government’s interests; and (ii) how such loan guarantees would be coordinated with other government invest mechanisms or other private sector financing. (2) Not later than five years after the date of the enactment of this section, the Secretary shall provide the congressional defense committees a briefing on the outcomes of the pilot program and the feasibility and advisability of making it permanent. (e) Definitions In this section: (1) The term domestic business has the meaning given the term U.S. business in section 800.252 of title 31, Code of Federal Regulations, or successor regulation. (2) The term domestic small businesses or nontraditional businesses means— (A) a small businesses that is a domestic business; or (B) a nontraditional business that is a domestic business. (3) The term free from foreign oversight, control, influence, or beneficial ownership , with respect to a person, means a person who has not raised and managed capital from a person or entity that is not trusted and is otherwise free from foreign oversight, control, influence, or beneficial ownership. (4) The term independent , with respect to a person, means a person who lacks a conflict of interest accomplished by not having entity or manager affiliation or ownership with an existing fund. (5) The term nontraditional business has the meaning given the term nontraditional defense contractors in section 3014 of this title. (6) The term small business has the meaning given the term small business concern in section 3 of the Small Business Act ( 15 U.S.C. 632 ). . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 4062 the following new item: 4063. Public-private partnership technology investment program. . 862. Permanent extension and modification of Mentor-Protege Program (a) Permanent extension and modification Chapter 387 of title 10, United States Code, is amended by adding at the end the following new section: 4902. Mentor-Protege Program (a) Establishment of program The Secretary of Defense shall establish a program to be known as the Mentor-Protege Program . (b) Purpose The purpose of the program is to provide incentives for major Department of Defense contractors to furnish disadvantaged small business concerns with assistance designed to— (1) enhance the capabilities of disadvantaged small business concerns to perform as subcontractors and suppliers under Department of Defense contracts and other contracts and subcontracts; and (2) increase the participation of such business concerns as subcontractors and suppliers under Department of Defense contracts, other Federal Government contracts, and commercial contracts. (c) Program participants (1) A business concern meeting the eligibility requirements set out in subsection (d) may enter into agreements under subsection (e) and furnish assistance to disadvantaged small business concerns upon making application to the Secretary of Defense and being approved for participation in the program by the Secretary. A business concern participating in the program pursuant to such an approval shall be known, for the purposes of the program, as a mentor firm . (2) A disadvantaged small business concern eligible for the award of Federal contracts may obtain assistance from a mentor firm upon entering into an agreement with the mentor firm as provided in subsection (e). A disadvantaged small business concern may not be a party to more than one agreement concurrently, and the authority to enter into agreements under subsection (e) shall only be available to such concern during the 5-year period beginning on the date such concern enters into the first such agreement. A disadvantaged small business concern receiving such assistance shall be known, for the purposes of the program, as a protege firm . (3) In entering into an agreement pursuant to subsection (e), a mentor firm may rely in good faith on a written representation of a business concern that such business concern is a disadvantaged small business concern. The Small Business Administration shall determine the status of such business concern as a disadvantaged small business concern in the event of a protest regarding the status of such business concern. If at any time the business concern is determined by the Small Business Administration not to be a disadvantaged small business concern, assistance furnished such business concern by the mentor firm after the date of the determination may not be considered assistance furnished under the program. (d) Mentor firm eligibility (1) Subject to subsection (c)(1), a mentor firm may enter into an agreement with one or more protege firms under subsection (e) and provide assistance under the program pursuant to that agreement if the mentor firm— (A) is eligible for award of Federal contracts; and (B) demonstrates that it— (i) is qualified to provide assistance that will contribute to the purpose of the program; (ii) is of good financial health and character and does not appear on a Federal list of debarred or suspended contractors; and (iii) can impart value to a protege firm because of experience gained as a Department of Defense contractor or through knowledge of general business operations and government contracting, as demonstrated by evidence that— (I) during the fiscal year preceding the fiscal year in which the mentor firm enters into the agreement, the total amount of the Department of Defense contracts awarded such mentor firm and the subcontracts awarded such mentor firm under Department of Defense contracts was equal to or greater than $100,000,000; or (II) the mentor firm demonstrates the capability to assist in the development of protege firms, and is approved by the Secretary of Defense pursuant to criteria specified in the regulations prescribed pursuant to subsection (j). (2) A mentor firm may not enter into an agreement with a protege firm if the Administrator of the Small Business Administration has made a determination finding affiliation between the mentor firm and the protege firm. (3) If the Administrator of the Small Business Administration has not made such a determination and if the Secretary has reason to believe (based on the regulations promulgated by the Administrator regarding affiliation) that the mentor firm is affiliated with the protege firm, the Secretary shall request a determination regarding affiliation from the Administrator of the Small Business Administration. (e) Mentor-protege agreement Before providing assistance to a protege firm under the program, a mentor firm shall enter into a mentor-protege agreement with the protege firm regarding the assistance to be provided by the mentor firm. The agreement shall include the following: (1) A developmental program for the protege firm, in such detail as may be reasonable, including— (A) factors to assess the protege firm's developmental progress under the program; (B) a description of the quantitative and qualitative benefits to the Department of Defense from the agreement, if applicable; (C) goals for additional awards that the protege firm can compete for outside the Mentor-Protege Program; and (D) the assistance the mentor firm will provide to the protege firm in understanding contract regulations of the Federal Government and the Department of Defense (including the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement) after award of a subcontract under this section, if applicable. (2) A program participation term for any period of not more than three years, except that the term may be a period of up to five years if the Secretary of Defense determines in writing that unusual circumstances justify a program participation term in excess of three years. (3) Procedures for the protege firm to terminate the agreement voluntarily and for the mentor firm to terminate the agreement for cause. (f) Forms of assistance A mentor firm may provide a protege firm the following: (1) Assistance, by using mentor firm personnel, in— (A) general business management, including organizational management, financial management, and personnel management, marketing, and overall business planning; (B) engineering and technical matters such as production, inventory control, and quality assurance; and (C) any other assistance designed to develop the capabilities of the protege firm under the developmental program referred to in subsection (e). (2) Award of subcontracts on a noncompetitive basis to the protege firm under the Department of Defense or other contracts. (3) Payment of progress payments for performance of the protege firm under such a subcontract in amounts as provided for in the subcontract, but in no event may any such progress payment exceed 100 percent of the costs incurred by the protege firm for the performance. (4) Advance payments under such subcontracts. (5) Loans. (6) Assistance obtained by the mentor firm for the protege firm from one or more of the following— (A) small business development centers established pursuant to section 21 of the Small Business Act ( 15 U.S.C. 648 ); (B) entities providing procurement technical assistance pursuant to this chapter; (C) a historically Black college or university or a minority institution of higher education; or (D) women's business centers described in section 29 of the Small Business Act ( 15 U.S.C. 656 ). (g) Incentives for mentor firms (1) The Secretary of Defense may provide to a mentor firm reimbursement for the total amount of any progress payment or advance payment made under the program by the mentor firm to a protege firm in connection with a Department of Defense contract awarded the mentor firm. (2) (A) The Secretary of Defense may provide to a mentor firm reimbursement for the costs of the assistance furnished to a protege firm pursuant to paragraphs (1) and (6) of subsection (f) (except as provided in subparagraph (D)) as provided for in a line item in a Department of Defense contract under which the mentor firm is furnishing products or services to the Department, subject to a maximum amount of reimbursement specified in such contract, except that this sentence does not apply in a case in which the Secretary of Defense determines in writing that unusual circumstances justify reimbursement using a separate contract. (B) The determinations made in annual performance reviews of a mentor firm's mentor-protege agreement shall be a major factor in the determinations of amounts of reimbursement, if any, that the mentor firm is eligible to receive in the remaining years of the program participation term under the agreement. (C) The total amount reimbursed under this paragraph to a mentor firm for costs of assistance furnished in a fiscal year to a protege firm may not exceed $1,000,000, except in a case in which the Secretary of Defense determines in writing that unusual circumstances justify a reimbursement of a higher amount. (D) The Secretary may not reimburse any fee assessed by the mentor firm for services provided to the protege firm pursuant to subsection (f)(6) or for business development expenses incurred by the mentor firm under a contract awarded to the mentor firm while participating in a joint venture with the protege firm. (3) (A) Costs incurred by a mentor firm in providing assistance to a protege firm that are not reimbursed pursuant to paragraph (2) shall be recognized as credit in lieu of subcontract awards for purposes of determining whether the mentor firm attains a subcontracting participation goal applicable to such mentor firm under a Department of Defense contract, under a contract with another executive agency, or under a divisional or company-wide subcontracting plan negotiated with the Department of Defense or another executive agency. (B) The amount of the credit given a mentor firm for any such unreimbursed costs shall be equal to— (i) four times the total amount of such costs attributable to assistance provided by entities described in subsection (f)(6); (ii) three times the total amount of such costs attributable to assistance furnished by the mentor firm's employees; and (iii) two times the total amount of any other such costs. (C) Under regulations prescribed pursuant to subsection (j), the Secretary of Defense shall adjust the amount of credit given a mentor firm pursuant to subparagraphs (A) and (B) if the Secretary determines that the firm's performance regarding the award of subcontracts to disadvantaged small business concerns has declined without justifiable cause. (4) A mentor firm shall receive credit toward the attainment of a subcontracting participation goal applicable to such mentor firm for each subcontract for a product or service awarded under such contract by a mentor firm to a business concern that, except for its size, would be a small business concern owned and controlled by socially and economically disadvantaged individuals, but only if— (A) the size of such business concern is not more than two times the maximum size specified by the Administrator of the Small Business Administration for purposes of determining whether a business concern furnishing such product or service is a small business concern; and (B) the business concern formerly had a mentor-protege agreement with such mentor firm that was not terminated for cause. (h) Relationship to Small Business Act (1) For purposes of the Small Business Act ( 15 U.S.C. 631 et seq. ), no determination of affiliation or control (either direct or indirect) may be found between a protege firm and its mentor firm on the basis that the mentor firm has agreed to furnish (or has furnished) to its protege firm pursuant to a mentor-protege agreement any form of developmental assistance described in subsection (f). (2) Notwithstanding section 8 of the Small Business Act ( 15 U.S.C. 637 ), the Small Business Administration may not determine a disadvantaged small business concern to be ineligible to receive any assistance authorized under the Small Business Act on the basis that such business concern has participated in the Mentor-Protege Program or has received assistance pursuant to any developmental assistance agreement authorized under such program. (3) The Small Business Administration may not require a firm that is entering into, or has entered into, an agreement under subsection (e) as a protege firm to submit the agreement, or any other document required by the Secretary of Defense in the administration of the Mentor-Protege Program, to the Small Business Administration for review, approval, or any other purpose. (i) Participation in mentor-protege program not to be a condition for award of a contract or subcontract A mentor firm may not require a business concern to enter into an agreement with the mentor firm pursuant to subsection (e) as a condition for being awarded a contract by the mentor firm, including a subcontract under a contract awarded to the mentor firm. (j) Regulations The Secretary of Defense shall prescribe regulations to carry out the Mentor-Protege Program. Such regulations shall include the requirements set forth in section 8(d) of the Small Business Act ( 15 U.S.C. 637(d) ) and shall prescribe procedures by which mentor firms may terminate participation in the program. The Department of Defense policy regarding the Mentor-Protege Program shall be published and maintained as an appendix to the Department of Defense Supplement to the Federal Acquisition Regulation. (k) Report by mentor firms To comply with section 8(d)(7) of the Small Business Act ( 15 U.S.C. 637(d)(7) ), each mentor firm shall submit a report to the Secretary not less than once each fiscal year that includes, for the preceding fiscal year— (1) all technical or management assistance provided by mentor firm personnel for the purposes described in subsection (f)(1); (2) any new awards of subcontracts on a competitive or noncompetitive basis to the protege firm under Department of Defense contracts or other contracts, including the value of such subcontracts; (3) any extensions, increases in the scope of work, or additional payments not previously reported for prior awards of subcontracts on a competitive or noncompetitive basis to the protege firm under Department of Defense contracts or other contracts, including the value of such subcontracts; (4) the amount of any payment of progress payments or advance payments made to the protege firm for performance under any subcontract made under the Mentor-Protege Program; (5) any loans made by the mentor firm to the protege firm; (6) all Federal contracts awarded to the mentor firm and the protege firm as a joint venture, designating whether the award was a restricted competition or a full and open competition; (7) any assistance obtained by the mentor firm for the protege firm from one or more— (A) small business development centers established pursuant to section 21 of the Small Business Act ( 15 U.S.C. 648 ); (B) entities providing procurement technical assistance pursuant to this chapter; or (C) historically Black colleges or universities or minority institutions of higher education; (8) whether there have been any changes to the terms of the mentor-protege agreement; and (9) a narrative describing the success assistance provided under subsection (f) has had in addressing the developmental needs of the protege firm, the impact on Department of Defense contracts, and addressing any problems encountered. (l) Review of report by the Office of Small Business Programs The Office of Small Business Programs of the Department of Defense shall review the report required by subsection (k) and, if the Office finds that the mentor-protege agreement is not furthering the purpose of the Mentor-Protege Program, decide not to approve any continuation of the agreement. (m) Establishment of performance goals and periodic reviews The Office of Small Business Programs of the Department of Defense shall— (1) establish performance goals consistent with the stated purpose of the Mentor-Protege Program and outcome-based metrics to measure progress in meeting those goals; and (2) submit to the congressional defense committees, not later than February 1, 2020, a report on progress made toward implementing these performance goals and metrics, based on periodic reviews of the procedures used to approve mentor-protege agreements. (n) Definitions In this section: (1) The term affiliation , with respect to a relationship between a mentor firm and a protege firm, means a relationship described under section 121.103 of title 13, Code of Federal Regulations (or any successor regulation). (2) The term disadvantaged small business concern means a firm that is not more than the size standard corresponding to its primary North American Industry Classification System code, is not owned or managed by individuals or entities that directly or indirectly have stock options or convertible securities in the mentor firm, and is— (A) a small business concern owned and controlled by socially and economically disadvantaged individuals; (B) a business entity owned and controlled by an Indian tribe as defined by section 8(a)(13) of the Small Business Act ( 15 U.S.C. 637(a)(13) ); (C) a business entity owned and controlled by a Native Hawaiian Organization as defined by section 8(a)(15) of the Small Business Act ( 15 U.S.C. 637(a)(15) ); (D) a qualified organization employing severely disabled individuals; (E) a small business concern owned and controlled by women, as defined in section 8(d)(3)(D) of the Small Business Act ( 15 U.S.C. 637(d)(3)(D) ); (F) a small business concern owned and controlled by service–disabled veterans (as defined in section 8(d)(3) of the Small Business Act ( 15 U.S.C. 637(d)(3) )); (G) a qualified HUBZone small business concern (as defined in section 31(b) of the Small Business Act ( 15 U.S.C. 657a(b) )); or (H) a small business concern that— (i) is a nontraditional defense contractor, as such term is defined in section 3014 of this title; or (ii) currently provides goods or services in the private sector that are critical to enhancing the capabilities of the defense supplier base and fulfilling key Department of Defense needs. (3) The term historically Black college and university means any of the historically Black colleges and universities referred to in section 2323 of this title, as in effect on March 1, 2018. (4) The term minority institution of higher education means an institution of higher education with a student body that reflects the composition specified in section 312(b)(3), (4), and (5) of the Higher Education Act of 1965 ( 20 U.S.C. 1058(b)(3) , (4), and (5)). (5) The term qualified organization employing the severely disabled means a business entity operated on a for-profit or nonprofit basis that— (A) uses rehabilitative engineering to provide employment opportunities for severely disabled individuals and integrates severely disabled individuals into its workforce; (B) employs severely disabled individuals at a rate that averages not less than 20 percent of its total workforce; (C) employs each severely disabled individual in its workforce generally on the basis of 40 hours per week; and (D) pays not less than the minimum wage prescribed pursuant to section 6 of the Fair Labor Standards Act ( 29 U.S.C. 206 ) to those employees who are severely disabled individuals. (6) The term severely disabled individual means an individual who is blind (as defined in section 8501 of title 41) or a severely disabled individual (as defined in such section). (7) The term small business concern has the meaning given such term under section 3 of the Small Business Act ( 15 U.S.C. 632 ). (8) The term small business concern owned and controlled by socially and economically disadvantaged individuals has the meaning given such term in section 8(d)(3)(C) of the Small Business Act ( 15 U.S.C. 637(d)(3)(C) ). (9) The term subcontracting participation goal , with respect to a Department of Defense contract, means a goal for the extent of the participation by disadvantaged small business concerns in the subcontracts awarded under such contract, as established pursuant to section 8(d) of the Small Business Act ( 15 U.S.C. 637(d) ). . (b) Clerical amendment The table of sections at the beginning of chapter 387 of title 10, United States Code, is amended by inserting after the item relating to section 4901 the following new item: 4902. Mentor-Protege Program. . (c) Repeal of obsolete authority Section 831 of the National Defense Authorization Act for Fiscal Year 1991 ( Public Law 101–510 ; 10 U.S.C. 4901 note prec.) is repealed. 863. Small business integration working group (a) In general The Secretary of Defense shall create a small business integration working group, to be led by the Director of the Department of Defense Office of Small Business Programs, which convenes at least four times per year to better ensure the integration of department-wide small business efforts, including by— (1) improving the alignment between disparate small business and industrial base programs across the Department of Defense; (2) providing oversight of small business efforts department-wide; (3) unifying small business policy, acquisition workforce development, and transition of emerging technologies into programs of record as required under the Small Business Strategy; and (4) reducing barriers to entry for small businesses and non-traditional vendors into the defense industrial base. (b) Membership The integration working group shall be comprised of representatives from each of the following organizations: (1) Each of the military service’s small business offices. (2) Each of the military service’s small business innovation research and small business technology transfer programs. (3) The office of the Under Secretary of Defense for Acquisition and Sustainment. (4) The office of the Under Secretary of Defense for Research and Engineering. (c) Briefing required Not later than March 1, 2023, the Director of the Office of Small Business Programs shall brief the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on the establishment and activities of the working group, policies enacted to allow for the sharing of best practices, and practices for conducting oversight. 864. Demonstration of commercial due diligence for small business programs (a) Demonstration required Not later than December 31, 2027, the Secretary of Defense shall conduct a demonstration of commercial due diligence tools, techniques, and processes in order to support small businesses in identifying attempts by malicious foreign actors to gain undue access or foreign oversight, control, and influence over technology they are developing on behalf of the Department of Defense. (b) Elements The demonstration required under subsection (a) shall include the following elements: (1) Identification of an entity to be responsible for the commercial due diligence process, including interfacing with small business and law enforcement community. (2) An assessment of existing commercial due diligence processes conducted by component small business offices. (3) Development of tactics, techniques, and procedures for tools and processes that support commercial due diligence analysis to monitor and assess attempts by malicious foreign actors to gain undue access or foreign oversight, control, and influence over technologies under development by the small business community, including— (A) providing a feedback loop with small business to provide two-way information sharing; and (B) identifying, assessing, and demonstrating commercially available tools and services. (4) Identification of process improvements or gaps in resources, capabilities, or authorities, as well as other lessons learned. (5) Development of training and awareness material for small businesses that can be shared directly or through the Procurement Technical Assistance Centers. (6) Implementation of metrics or measures of performance that can be tracked to assess the effectiveness of the commercial due diligence demonstration. (c) Briefing required Not later than April 1, 2023, the Secretary of Defense shall provide to the congressional defense committees an interim briefing on the demonstration required under subsection (a), including— (1) identification of the designated organization for conducting the demonstration; (2) a description of the methodology for executing the demonstration, including any analytical tools or metrics identified to support the process; (3) a description of any identified instances of attempts by malicious foreign actors to gain undue access or foreign oversight, control, and influence over small business technology, and (4) any preliminary findings. (d) Assessment Not later than March 1, 2028, the Secretary shall provide a final assessment report of the demonstration required under subsection (a), including any identified instances of attempts by malicious foreign actors to gain undue access or foreign oversight, control, and influence over small business technology, any general lessons learned, and any recommendations for legislative action that may be required as a result. 865. Improvements to Procurement Technical Assistance Center program (a) Funding limit applicable to programs operating on Statewide basis Section 4955(a)(1) of title 10, United States Code, is amended by striking $1,000,000 and inserting $1,500,000 . (b) Administrative costs Section 4961 of title 10, United States Code, is amended— (1) by striking Director of the Defense Logistics Agency and inserting Secretary ; (2) in paragraph (1), by striking three percent and inserting four percent ; and (3) in paragraph (2)— (A) by striking Director and inserting Secretary ; and (B) in subparagraph (A), by inserting , including meetings of any association of such entities, after for meetings . E Other matters 871. Risk management for Department of Defense pharmaceutical supply chains (a) Risk management for all Department of Defense pharmaceutical supply chains Not later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall— (1) develop and issue implementing guidance for risk management for Department of Defense supply chains for pharmaceutical materiel for the Department; (2) identify, in coordination with the Secretary of Health and Human Services, supply chain information gaps regarding the Department's reliance on foreign suppliers of drugs, including active pharmaceutical ingredients and final drug products; and (3) submit to Congress a report regarding— (A) existing information streams, if any, that may be used to assess the reliance by the Department of Defense on high-risk foreign suppliers of drugs; (B) vulnerabilities in the drug supply chains of the Department of Defense; and (C) any recommendations to address— (i) information gaps identified under paragraph (2); and (ii) any risks related to such reliance on foreign suppliers. (b) Risk management for Department of Defense pharmaceutical supply chain The Director of the Defense Health Agency shall— (1) not later than one year after the issuance of the guidance required under subsection (a)(1), develop and publish implementing guidance for risk management for the Department of Defense supply chain for pharmaceuticals; and (2) establish a working group— (A) to assess risks to the Department's pharmaceutical supply chain; (B) to identify the pharmaceuticals most critical to beneficiary care at military treatment facilities; and (C) to establish policies for allocating scarce pharmaceutical resources of the Department of Defense in case of a supply disruption. 872. Key advanced system development industry days (a) In general Not later than March 1, 2023, and every 180 days thereafter, the Secretary of each of the military departments and the Commanders of the United States Special Operations Command and the United States Cyber Command shall ensure that each such department and Command conducts an industry day— (1) to raise awareness within the private sector of— (A) key advanced system development areas; and (B) capability needs and existing and potential requirements related to the key advanced system development areas; and (2) to raise awareness within such departments and Commands of potential material solutions for capability needs and existing and potential requirements related to key advanced system development areas. (b) Responsibilities (1) Chiefs of armed forces The chief of each of the armed forces residing in a military department and the Commanders of the United States Special Operations Command and the United States Cyber Command shall have primary responsibility for the following tasks at the industry days required under subsection (a) for each key advanced system development area: (A) Identifying related or potentially related existing, planned, or potential military requirements, including urgent and emergent operational needs. (B) Identifying and describing related or potentially related capability needs or gaps in warfighting mission areas. (C) Identifying and describing related or potentially related capability needs or gaps in non-warfighting support areas. (D) Identifying and describing related or potentially related exercise, demonstration, or experimentation opportunities. (2) Acquisition executives Each service acquisition executive and the acquisition executives of the United States Special Operations Command and the United States Cyber Command shall have primary responsibility for the following tasks at the industry days required under subsection (a) for each key advanced system development area: (A) Identifying and describing related or potentially related existing, planned, or potential acquisition plans and strategies. (B) Identifying and describing related or potentially related existing, planned, or potential funding opportunities, including— (i) broad agency announcements; (ii) requests for information; (iii) funding opportunity announcements; (iv) special program announcements; (v) requests for proposals; (vi) requests for quotes; (vii) special notices; (viii) transactions pursuant to sections 4002, 4003, and 4004 of title 10, United States Code; (ix) unsolicited proposals; and (x) other methods. (c) Form The industry days required under subsection (a) shall seek to maximize industry and government participation, while minimizing cost to the maximum extent practicable, by— (1) being held at the unclassified security level with classified portions only as necessary; (2) being publicly accessible through teleconference or other virtual means; and (3) having supporting materials posted on a publicly accessible website. (d) Definitions In this section: (1) Military departments; armed forces; service acquisition executive The terms military departments , armed forces , and service acquisition executive have the meanings given the terms in section 101 of title 10, United States Code. (2) Key advanced system development area The term key advanced system development area means the following: (A) For the Department of the Navy— (i) unmanned surface vessels; (ii) unmanned underwater vessels; (iii) unmanned deployable mobile ocean systems; (iv) unmanned deployable fixed ocean systems; and (v) autonomous unmanned aircraft systems. (B) For the Department of the Air Force, autonomous unmanned aircraft systems. (C) For the Department of the Army, autonomous unmanned aircraft systems. (D) For the United States Special Operations Command, autonomous unmanned aircraft systems. (E) For the United States Cyber Command, cybersecurity situational awareness systems. 873. Modification of provision relating to determination of certain activities with unusually hazardous risks Section 1684 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ) is amended— (1) in subsection (a), by striking 2022 and 2023 and inserting 2022 through 2024 ; and (2) in subsection (b), by striking September 30, 2023 and inserting September 30, 2024 . 874. Incorporation of controlled unclassified information guidance into program classification guides and program protection plans (a) Updates required (1) In general The Secretary of Defense shall, acting through the Under Secretary of Defense for Intelligence and Security and the Under Secretary of Defense for Research and Engineering, ensure that all program classification guides (for classified programs) and all program protection plans (for unclassified programs) include guidance for the proper marking for controlled unclassified information (CUI) at their next regularly scheduled update. (2) Elements Guidance under paragraph (1) shall include the following: (A) A requirement to use document portion markings for controlled unclassified information (B) A process to ensure controlled unclassified information document portion markings are used properly and consistently. (b) Monitoring of progress In tracking the progress in carrying out subsection (a), the Under Secretary of Defense for Intelligence and Security and the Under Secretary of Defense for Research and Engineering shall implement a process for monitoring progress that includes the following: (1) Tracking of all program classification guides and program protection plans so they include document portion marking for controlled unclassified information, and the dates when controlled unclassified information guidance updates are completed. (2) Updated training in order to ensure that all government and contractor personnel using the guides described in subsection (a)(1) receive instruction, as well as periodic spot checks, to ensure that training is sufficient and properly implemented to ensure consistent application of document portion marking guidance. (3) A process for feedback to ensure that any identified gaps or lessons learned are incorporated into guidance and training instructions. (c) Required completion The Secretary shall ensure that the updates required by subsection (a) are completed before January 1, 2029. IX DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT A Office of the Secretary of Defense and Related Matters 901. Increase in authorized number of Assistant and Deputy Assistant Secretaries of Defense (a) Assistant Secretary of Defense for Cyber Policy (1) In general Section 138(b) of title 10, United States Code, is amended by adding at the end the following new paragraph: (8) One of the Assistant Secretaries is the Assistant Secretary of Defense for Cyber Policy. The principal duty of the Assistant Secretary shall be the overall supervision of policy and matters relating to cyber activities of the Department of Defense. The Assistant Secretary is the Principal Cyber Advisor described in section 932(c) of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 10 U.S.C. 2224 note). . (2) Conforming amendments (A) Section 932(c) of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 10 U.S.C. 2224 note) is amended— (i) by striking paragraph (1); and (ii) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (B) Section 1643(b) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 2224 note) is amended by striking by section 932(c)(3) and inserting by section 932(c)(2) . (b) Increase in authorized number of Assistant Secretaries of Defense (1) Increase Section 138(a)(1) of title 10, United States Code, is amended by striking 15 and inserting 18 . (2) Conforming amendment Section 5315 of title 5, United States Code, is amended by striking Assistant Secretaries of Defense (14). and inserting Assistant Secretaries of Defense (18). . (c) Increase in authorized number of Deputy Assistant Secretaries of Defense (1) Increase Section 138 of title 10, United States Code, is amended by adding at the end the following new subsection: (e) The number of Deputy Assistant Secretaries of Defense may not exceed 57. . (2) Conforming repeal Section 908 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 131 Stat. 1514; 10 U.S.C. 138 note) is repealed. (d) Additional amendments Section 138(b) of title 10, United States Code, is amended— (1) in paragraph (2)(A)— (A) in the second sentence in the matter preceding clause (i), by striking He shall have as his principal duty and inserting The principal duty of the Assistant Secretary shall be ; and (B) in clause (ii), by striking subclause (III); (2) in paragraph (3), in the second sentence, by striking He shall have as his principal duty and inserting The principal duty of the Assistant Secretary shall be ; (3) in paragraph (4)— (A) in subparagraph (A), by striking the semicolon and inserting ; and ; (B) in subparagraph (B), by striking ; and inserting a period; and (C) by striking subparagraph (C); and (4) in paragraph (6), by striking shall— and all that follows and inserting shall advise the Under Secretary of Defense for Acquisition and Sustainment on industrial base policies. . 902. Conforming amendments relating to repeal of position of Chief Management Officer Section 2222 of title 10, United States Code, is amended— (1) in subsection (c)(2), by striking the Chief Management Officer of the Department of Defense, the Under Secretary of Defense for Acquisition and Sustainment, the Chief Information Officer, and the Chief Management Officer and inserting the Chief Information Officer of the Department of Defense, the Under Secretary of Defense for Acquisition and Sustainment, and the Chief Information Officer ; (2) in subsection (e)— (A) in paragraph (1), by striking the Chief Management Officer and inserting the Chief Information Officer ; and (B) in paragraph (6)— (i) in subparagraph (A), in the matter preceding clause (i)— (I) in the first sentence, by striking the Chief Management Officer of the Department of Defense and inserting the Chief Information Officer of the Department of Defense, in coordination with the Chief Data and Artificial Intelligence Officer, ; and (II) in the second sentence, by striking the Chief Management Officer shall and inserting the Chief Information Officer shall ; and (ii) in subparagraph (B), in the matter preceding clause (i), by striking the Chief Management Officer and inserting the Chief Information Officer ; (3) in subsection (f)— (A) in paragraph (1), in the second sentence, by striking the Chief Management Officer and ; and (B) in paragraph (2)— (i) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; (ii) by inserting before subparagraph (B), as redesignated by clause (i), the following new subparagraph (A): (A) The Chief Information Officers of the military departments, or their designees. ; and (iii) in subparagraph (C), as so redesignated, by adding at the end the following new clause: (iv) The Chief Data and Artificial Intelligence Officer of the Department of Defense. ; (4) in subsection (g)(2), by striking the Chief Management Officer each place it appears and inserting the Chief Information Officer ; and (5) in subsection (i)(5)(B), by striking the Chief Management Officer and inserting the Chief Information Officer . 903. Limitation on availability of funds for operation and maintenance for Office of Secretary of Defense Of the funds authorized to be appropriated by this Act for fiscal year 2023 for operation and maintenance, Defense-wide, and available for the Office of the Secretary of Defense, not more than 75 percent may be obligated or expended until the date that is 15 days after the date on which the Secretary of Defense submits the information operations strategy and posture review, including the designation of Information Operations Force Providers and Information Operations Joint Force Trainers for the Department of Defense, to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives as required by section 1631(g) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 397 note). 904. Limitation on use of funds until demonstration of product to identify, task, and manage congressional reporting requirements Of the funds authorized to be appropriated by section 301 for fiscal year 2023 for operation and maintenance, Defense-wide, and available as specified in the funding table in section 4301 for the Office of the Secretary of Defense, not more than 75 percent may be obligated or expended until the Secretary of Defense demonstrates a minimum viable product— (1) to optimize and modernize the process described in section 908(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 111 note) for identifying reports to Congress required by annual national defense authorization Acts, assigning responsibility for preparation of such reports, and managing the completion and delivery of such reports to Congress; and (2) that includes capabilities to enable— (A) direct access by the congressional defense committees to the follow-on system to that process using secure credentials; (B) rapid automatic ingestion of data provided by those committees with respect to reports and briefings required to be submitted to Congress in a comma-separated value spreadsheet; (C) sortable and exportable database views for tracking and research purposes; (D) automated notification of relevant congressional staff and archival systems; and (E) integration with Microsoft Office. 905. Limitation on use of funds until Department of Defense complies with requirements relating to alignment of Close Combat Lethality Task Force Of the funds authorized to be appropriated by section 301 for fiscal year 2023 for operation and maintenance, Defense-wide, and available as specified in the funding table in section 4301 for the Office of the Secretary of Defense, not more than 75 percent may be obligated or expended until the Department of Defense complies with the requirements of section 911 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 1878) (relating to alignment of the Close Combat Lethality Task Force). B Other Department of Defense Organization and Management Matters 911. Modification of requirements that are responsibility of Armed Forces not Joint Requirements Oversight Council Section 181(e) of title 10, United States Code, is amended to read as follows: (e) Performance requirements as responsibility of armed forces (1) In general The Chief of Staff of an armed force is responsible for— (A) all performance requirements for that armed force; and (B) except as provided in paragraph (3), all inventory objective requirements for that armed force, including categories of weapons systems and overall levels of weapons systems. (2) Requirements not required to be validated Except for requirements specified in subsections (b)(4) and (b)(5), requirements described in paragraph (1) are not required to be validated by the Joint Requirements Oversight Council. (3) Inventory objective requirements for naval vessels to transport Marines The Commandant of the Marine Corps shall be responsible for inventory objective requirements for naval vessels with the primary mission of transporting Marines. . 912. Briefing on revisions to Unified Command Plan Section 161(b)(2) of title 10, United States Code, is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and by moving such clauses, as so redesignated, two ems to the right; (2) by striking the President shall notify and inserting the following: “the President shall— (A) notify ; (3) in clause (ii), as redesignated by paragraph (1), by striking the period at the end and inserting ; and ; and (4) by adding at the end the following new subparagraph: (B) during that 60-day period, provide to the congressional defense committees a briefing on the revisions described in subparagraph (A)(ii). . 913. Updates to management reform framework Section 125a of title 10, United States Code, is amended— (1) in subsection (c)— (A) in paragraph (1), by striking 2022 and inserting 2023 ; and (B) in paragraph (3), by inserting the Director for Administration and Management of the Department of Defense, after the Chief Information Officer of the Department of Defense, ; and (2) in subsection (d)— (A) by redesignating paragraph (6) as paragraph (9); and (B) by inserting after paragraph (5) the following new paragraphs: (6) Development and implementation of a uniform methodology for tracking and assessing cost savings and cost avoidance from reform initiatives. (7) Implementation of reform-focused research to improve management and administrative science. (8) Tracking and implementation of technological approaches to improve management decision-making, such as artificial intelligence tools. . 914. Strategic management dashboard demonstration (a) In general The Secretary of Defense shall conduct a demonstration of a strategic management dashboard to automate the data collection and visualization of the primary management goals of the Department of Defense. (b) Elements The Secretary shall ensure that the strategic management dashboard demonstrated under subsection (a) includes the following: (1) The capability for real-time monitoring of the performance of the Department in meeting the management goals of the Department. (2) An integrated analytics capability, including the ability to dynamically add or upgrade new capabilities when needed. (3) Integration with the framework required by subsection (c) of section 125a of title 10, United States Code, for measuring the progress of the Department toward covered elements of reform (as defined in subsection (d) of that section). (4) Incorporation of the elements of the strategic management plan required by section 904(d) of the National Defense Authorization Act of Fiscal Year 2008 ( Public Law 110–181 ; 10 U.S.C. 2201 note prec.), as derived from automated data feeds from existing information systems and databases. (5) Incorporation of the elements of the most recent annual performance plan of the Department required by section 1115(b) of title 31, United States Code, and the most recent update on performance of the Department required by section 1116 of that title. (6) Use of artificial intelligence and machine learning tools to improve decision making and assessment relating to data analytics. (7) Adoption of leading and lagging indicators for key strategic management goals. (c) Authorities (1) In general In conducting the demonstration required by subsection (a), the Secretary may use the authorities described in paragraph (2), and such other authorities as the Secretary considers appropriate— (A) to help spur innovative technological or process approaches; and (B) to attract new entrants to solve the data management and visualization challenges of the Department. (2) Authorities described The authorities described in this paragraph are the authorities provided under the following provisions of law: (A) Section 4025 of title 10, United States Code (relating to prizes for advanced technology achievements). (B) Section 217 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 2222 note) (relating to science and technology activities to support business systems information technology acquisition programs). (C) Section 908 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 129a note) (relating to management innovation activities). (d) Use of best practices In conducting the demonstration required by subsection (a), the Secretary shall leverage commercial best practices in management and leading research in management and data science. 915. Demonstration program for component content management systems (a) In general Not later than July 1, 2023, the Chief Information Officer of the Department of Defense, in coordination with the Chief Digital and Artificial Intelligence Officer and the Director of the Joint Artificial Intelligence Center, shall complete a pilot program to demonstrate the application of component content management systems to a distinct set of data of the Department. (b) Selection of data set In selecting a distinct set of data of the Department for purposes of the pilot program required by subsection (a), the Chief Information Officer shall consult with, at a minimum, the following: (1) The Office of the Secretary of Defense with respect to directives, instructions, and other regulatory documents of the Department. (2) The Office of the Secretary of Defense and the Joint Staff with respect to execution orders. (3) The Office of the Under Secretary of Defense for Research and Engineering and the military departments with respect to technical manuals. (4) The Office of the Under Secretary of Defense for Acquisition and Sustainment with respect to Contract Data Requirements List documents. (c) Authority to enter into contracts Subject to the availability of appropriations, the Secretary of Defense may enter into contracts or transactions with public or private entities to conduct studies and demonstration projects under the pilot program required by subsection (a). (d) Briefing required Not later than 60 days after the date of the enactment of this Act, the Chief Information Officer shall provide to the congressional defense committees a briefing on plans to implement the pilot program required by subsection (a). C Space Force Matters 921. Vice Chief of Space Operations (a) Codification of position of Vice Chief of Space Operations Chapter 908 of title 10, United States Code, is amended by inserting after section 9082 the following new section: 9082a. Vice Chief of Space Operations (a) Appointment There is a Vice Chief of Space Operations, appointed by the President, by and with the advice and consent of the Senate, from officers on the active-duty list of the Space Force not restricted in the performance of duty. (b) Grade The Vice Chief of Space Operations, while so serving, has the grade of general without vacating his permanent grade. (c) Authority and duties The Vice Chief has such authority and duties with respect to the Space Force as the Chief, with the approval of the Secretary of the Air Force, may delegate to or prescribe for the Vice Chief. Orders issued by the Vice Chief in performing such duties have the same effect as those issued by the Chief. (d) Vacancies When there is a vacancy in the office of the Chief of Space Operations, or during the absence or disability of the Chief— (1) the Vice Chief of the Space Operations shall perform the duties of the Chief until a successor is appointed or the absence or disability ceases; or (2) if there is a vacancy in the office of the Vice Chief of Space Operations or the Vice Chief is absent or disabled, unless the President directs otherwise, the most senior officer of the Space Force in the Headquarters, Space Force, who is not absent or disabled and who is not restricted in performance of duty shall perform the duties of the Chief until a successor to the Chief or the Vice Chief is appointed or until the absence or disability of the Chief or Vice Chief ceases, whichever occurs first. . (b) Clerical amendment The table of sections at the beginning of chapter 908 of title 10, United States Code, is amended by inserting after the item relating to section 9082 the following new item: 9082a. Vice Chief of Space Operations. . 922. Establishment of field operating agencies and direct reporting units of Space Force (a) In general Chapter 908 of title 10, United States Code, is amended by adding at the end the following new section: 9087. Field operating agencies and direct reporting units (a) Authority The Secretary of the Air Force may establish within the Space Force the following: (1) An Enterprise Talent Management Office to provide whole-of-life-cycle talent management aligned to the needs of the Space Force. (2) A Space Warfighting Analysis Center to conduct analysis, modeling, wargaming, and experimentation to create operational concepts and develop future force design options. (b) Organization (1) Enterprise Talent Management Office If, pursuant to the authority provided by subsection (a)(1), the Secretary establishes a Enterprise Talent Management Office, the Office shall operate as a field operating agency of the headquarters of the Space Force. (2) Space Warfighting Analysis Center If, pursuant to the authority provided by subsection (a)(2), the Secretary establishes a Space Warfighting Analysis Center, the Center shall operate as a direct reporting unit of the Chief of Space Operations. . (b) Clerical amendment The table of sections at the beginning of chapter 908 of such title is amended by adding at the end the following new item: 9087. Field operating agencies and direct reporting units. . 923. Framework for new subtitle F of title 10, United States Code, on Space Component (a) In general Title 10, United States Code, is amended by adding at the end the following new subtitle: F Space Component Chap. 2001. [Reserved] 20101 2002. [Reserved] 20201 2003. [Reserved] 20301 2004. [Reserved] 20401 2005. [Reserved] 20501 2001 [Reserved] Sec. 20101. [Reserved]. 20101. [Reserved] [Reserved]. 2002 [Reserved] Sec. 20201. [Reserved]. 20201. [Reserved] [Reserved]. 2003 [Reserved] Sec. 20301. [Reserved]. 20301. [Reserved] [Reserved]. 2004 [Reserved] Sec. 20401. [Reserved]. 20401. [Reserved] [Reserved]. 2005 [Reserved] Sec. 20501. [Reserved]. 20501. [Reserved] [Reserved]. . (b) Clerical amendments (1) Table of subtitles The table of subtitles at the beginning of title 10, United States Code, is amended by adding at the end the following new item: F. Space Component 20101 . (c) Contingent repeal If subtitle F of title 10, United States Code, as added by subsection (a), or any chapter of that subtitle, as so added, is not amended during the period beginning on the day after the date of the enactment of this Act and ending on December 31, 2026, such subtitle or chapter, as the case may be, is repealed effective on January 1, 2027. 924. Study of proposed Space Force reorganization (a) In general Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with one or more federally funded research and development centers to conduct a study on the proposed reorganization of the Space Force and the establishment of the Space Component. (b) Elements The study referred to in subsection (a) shall include a comprehensive review and assessment of— (1) the feasibility and advisability of— (A) exempting the proposed Space Component from the existing up or out system of officer career advancement first established by the amendments to title 10, United States Code, made by the Defense Officer Personnel Management Act ( Public Law 96–513 ; 94 Stat. 2835); (B) combining active and reserve components in a new, single Space Component and whether a similar outcome could be achieved using the existing active and reserve component frameworks with modest statutory changes to allow reserve officers to serve on sustained active duty; (C) creating career flexibility for reserve members of the Space Component, including in shifting retirement points earned from one year to the next and allowing members of the Space Component to move back and forth between active and reserve status for prolonged periods of time across a career; (2) the implications of the proposed reorganization of the Space Force on the development of space as a warfighting domain in the profession of arms, particularly with respect to officer leadership, development, and stewardship of the profession; (3) whether existing government ethics regulations are adequate to address potential conflicts of interest for Space Component officers who seek to move back and forth between sustained active duty and working for private sector organizations in the space industry as reserve officers in the Space Component; (4) whether the proposed Space Component framework is consistent with the joint service requirements of chapter 38 of title 10, United States Code; (5) budgetary implications of the establishment of the Space Component; (6) the nature of the relationship with private industry and civilian employers that would be required and consistent with professional ethics to successfully implement the Space Component; and (7) any other issues the Secretary or the federally funded research and development center considers relevant. (c) Diversity and inclusion The study referred to in subsection (a) shall include an assessment of the proposed reorganization of the Space Force and the establishment of the Space Component on advancing diversity and inclusion in the Space Component. (d) Limitation on delegation The authority of the Secretary to enter into a contract under subsection (a) may not be delegated below the level the Under Secretary of Defense for Personnel and Readiness. (e) Report required Not later than December 31, 2023, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the study referred to in subsection (a). X General provisions A Financial matters 1001. General transfer authority (a) Authority To transfer authorizations (1) Authority Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2023 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred. (2) Limitation Except as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $6,000,000,000. (3) Exception for transfers between military personnel authorizations A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2). (b) Limitations The authority provided by subsection (a) to transfer authorizations— (1) may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and (2) may not be used to provide authority for an item that has been denied authorization by Congress. (c) Effect on authorization amounts A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred. (d) Notice to Congress The Secretary shall promptly notify Congress of each transfer made under subsection (a). 1002. Report on budgetary effects of inflation (a) Annual report Not later than 30 days following the submission of the President’s budget under section 1105 of title 31, United States Code, the Secretary of Defense shall deliver to the congressional defense committees a report on observed and anticipated budgetary effects related to inflation, including— (1) the relevant inflation index used and the estimated and actual inflationary budgetary effects by sub-appropriation account for the previous two fiscal years and the current budget year; (2) the enacted or requested appropriation amount by sub-appropriation; (3) a calculation of estimated budgetary effects due to inflation using the previous fiscal year’s estimated indices compared to those of the current fiscal year; (4) a summary of any requests for equitable adjustment, exercising of economic price adjustment (EPA) clauses, or bilateral contract modifications to include an EPA, including the contract type and fiscal year and type and amount of appropriation used for the contract; (5) a summary of any methodological changes in Department of Defense cost estimation practices for inflationary budgetary effects; and (6) any other matters the Secretary determines appropriate. (b) Periodic briefing Not later than 60 days following the conclusion of the Department of Defense budget mid-year review, the Secretary of Defense shall provide the congressional defense committees with a briefing on— (1) any changes in the observed or anticipated inflation indices included in the report required under subsection (a); (2) any actions taken by the Department of Defense to respond to changes discussed in such report, with specific dollar value figures; and (3) any requests for equitable adjustment received by the Department of Defense, economic price adjustment clauses exercised, or bilateral contract modifications to include an EPA made since the transmission of the report required under subsection (a). B Counterdrug activities 1011. Extension of authority and annual report on unified counterdrug and counterterrorism campaign in Colombia Section 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ( Public Law 108–375 ; 118 Stat. 2042), as most recently amended by section 1007 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 1889), is further amended— (1) in subsection (a)(1), by striking 2023 and inserting 2024 ; (2) in subsection (c), in the matter preceding paragraph (1), by striking 2023 and inserting 2024 ; and (3) by adding at the end the following: (h) Annual report on Plan Colombia During each of fiscal years 2023 and 2024, the Secretary of Defense shall submit to Congress a report that includes the following: (1) An assessment of the threat to Colombia from narcotics trafficking and activities by organizations designated as foreign terrorist organizations under section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) ). (2) A description of the plan of the Government of Colombia for the unified campaign described in subsection (a). (3) A description of the activities supported using the authority provided by subsection (a). (4) An assessment of the effectiveness of the activities described in paragraph (3) in addressing the threat described in paragraph (1). . C Naval vessels 1021. Modification to annual naval vessel construction plan Section 231(b)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph: (J) For any class of battle force ship for which the procurement of the final ship of the class is proposed in the relevant future-years defense program submitted under section 221 of this title, a detailed plan that includes a description of specific impacts with respect to the transition of such class and the associated industrial base to a new program, a modified existing program, or no program. Each plan required by the preceding sentence shall include a detailed schedule with planned decision points, solicitations, and contract awards. . 1022. Amphibious warship force structure Section 8062 of title 10, United States Code, is amended— (1) in subsection (b)— (A) in the first sentence, by inserting and not less than 31 operational amphibious warfare ships, of which not less than 10 shall be amphibious assault ships before the period; and (B) in the second sentence— (i) by inserting or amphibious warfare ship before includes ; and (ii) by inserting or amphibious warfare ship before that is temporarily unavailable ; (2) in subsection (e)— (A) in paragraph (2) by striking ; and and inserting a semicolon; (B) in paragraph (3) by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (4) the Navy adjusts scheduled maintenance and repair actions to maintain a minimum of 24 amphibious warfare ships operationally available for worldwide deployment. ; and (3) by adding at the end the following new subsection: (g) In this section, the term amphibious warfare ship means a ship that is classified as an amphibious assault ship (general purpose) (LHA), an amphibious assault ship (multi-purpose) (LHD), an amphibious transport dock (LPD), or a dock landing ship (LSD). . 1023. Modification to limitation on decommissioning or inactivating a battle force ship before the end of expected service life (a) In general Section 8678a(b) of title 10, United States Code, is amended— (1) in paragraph (1), by inserting with the budget materials submitted by the President under section 1105(a) of title 31, United States Code, for the fiscal year in which such waiver is sought after such ship ; and (2) in paragraph (2), by striking such certification was submitted and inserting the National Defense Authorization Act for such fiscal year is enacted . (b) No effect on certain ships The amendments made by subsection (a) shall have no effect on battle force ships (as defined in section 8678a(e) of title 10, United States Code) proposed for decommissioning or inactivation in fiscal year 2023. 1024. Contract requirements relating to maintenance and modernization availabilities for certain naval vessels (a) Submarine maintenance and modernization availabilities The Secretary of the Navy may only enter into a contract with a private entity for a maintenance and modernization availability for a fast attack submarine that requires drydocking the submarine if the following conditions are met: (1) The submarine is a Virginia-class submarine. (2) The submarine has not conducted a previous drydock availability. (3) The work package for the contract is sufficiently detailed and provided to the private entity with sufficient time to enable a high-confidence contracting strategy for— (A) planning; (B) material procurement; (C) cost; (D) schedule; and (E) performance. (4) At least 70 percent of the work package for the contract is common to the work packages for previous contracts entered into under this subsection. (b) Surface ship maintenance and modernization availabilities In awarding contracts for maintenance and modernization availabilities for surface ships, issuing task orders for such availabilities, or carrying out other contracting actions with respect to such availabilities, the Secretary of the Navy may not limit evaluation factors to price only. 1025. Prohibition on retirement of certain naval vessels None of the funds authorized to be appropriated by this Act for fiscal year 2023 may be obligated or expended to retire, prepare to retire, or place in storage any of the following naval vessels: (1) USS Vicksburg (CG 69). (2) USS Sioux City (LCS 11). (3) USS Wichita (LCS 13). (4) USS Billings (LCS 15). (5) USS Indianapolis (LCS 17). (6) USS St. Louis (LCS 19). (7) USS Germantown (LSD 42). (8) USS Gunston Hall (LSD 44). (9) USS Tortuga (LSD 46). (10) USS Ashland (LSD 48). (11) USNS Montford Point (T–ESD 1). (12) USNS John Glenn (T–ESD 2). D Counterterrorism 1031. Modification and extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries Section 1035 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1954), as most recently amended by section 1032 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 1901), is further amended— (1) by striking December 31, 2022 and inserting December 31, 2023 ; (2) by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively; and (3) by inserting before paragraph (2), as so redesignated, the following new paragraph: (1) Afghanistan. . 1032. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States Section 1033 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1953), as most recently amended by section 1033 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 1901), is further amended by striking December 31, 2022 and inserting December 31, 2023 . 1033. Extension of prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba Section 1034(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1954), as most recently amended by section 1034 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 1901), is further amended by striking December 31, 2022 and inserting December 31, 2023 . 1034. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba Section 1036 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 131 Stat. 1551), as most recently amended by section 1035 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 1901), is further amended by striking 2022 and inserting 2023 . E Miscellaneous authorities and limitations 1041. Department of Defense-Department of Veterans Affairs Discharge Review Board Committee (a) Establishment of joint executive committee (1) In general There is established an interagency committee to advise the Under Secretary of Defense for Personnel and Readiness and the Deputy Secretary of Veterans Affairs on matters relating to the review boards under section 1553 of title 10, United States Code. (2) Designation The interagency committee established under paragraph (1) shall be known as the Department of Defense-Department of Veterans Affairs Discharge Review Board Committee (hereinafter in this section referred to as the Committee ). (b) Membership The Committee shall be composed of the following: (1) The Under Secretary of Defense for Personnel and Readiness, the Assistant Secretary of Manpower and Reserve Affairs for each of the military services, and such other officers and employees of the Department of Defense as the Secretary of Defense may designate. (2) The Deputy Secretary of Veterans Affairs and such other officers and employees of the Department of Veterans Affairs as the Secretary of Veterans Affairs may designate. (c) Administrative matters (1) In general The Under Secretary and the Deputy Secretary shall jointly determine the size and structure of the Committee, as well as the administrative and procedural guidelines for the operation of the Committee. (2) Subcommittees The Committee may establish subcommittees to assist the Committee in carrying out subsections (d) and (e), including the following: (A) A subcommittee on outreach and education. (B) A subcommittee on training for members of the review boards under section 1553 of title 10, United States Code. (3) Support The Under Secretary and the Deputy Secretary shall jointly supply appropriate staff and resources to provide administrative support and services for the Committee. Support for such purposes shall be provided at a level that the Under Secretary and the Deputy Secretary jointly determine sufficient for the efficient operation of the Committee, including any subcommittees established under paragraph (2). (d) Recommendations (1) In general The Committee shall provide the Secretary of Defense and the Secretary of Veterans Affairs with recommendations on the strategic direction for the joint coordination and sharing efforts between and within the Department of Defense and the Department of Veterans Affairs on matters regarding the review boards described in subsection (a)(1). (2) Annual report Not less frequently than once each year, the Committee shall submit to the two Secretaries and to Congress an annual report containing such recommendations regarding the review boards described in subsection (a)(1) as the Committee considers appropriate. (e) Functions In order to enable the Committee to make recommendations in its annual report under subsection (c)(2), the Committee shall do the following: (1) Review existing policies, procedures, and practices regarding reviews under section 1553 of title 10, United States Code, with respect to matters that pertain to the coordination and sharing of resources between the Department of Defense and the Department of Veterans Affairs. (2) Identify changes in policies, procedures, and practices that, in the judgment of the Committee, would promote mutually beneficial coordination, use, or exchange of use of services and resources of the two Departments, with the goal of improving the quality, efficiency, and effectiveness of the review boards under section 1553 of such title for veterans, members of the Armed Forces, individuals who retired from service in the Armed Forces, and their families through an enhanced partnership between the two Departments. (3) Identify and assess further opportunities for the coordination and collaboration between the Departments that, in the judgment of the Committee, would positively affect the review process under section 1553 of such title. (4) Review the implementation of activities designed to promote the coordination and sharing of resources between the Departments for matters relating to the review process under section 1553 of such title. (5) Identify and assess strategies, which either or both Departments may implement, that would increase outreach to former members of the Armed Forces described in subsection (d)(3)(B) of section 1553 of such title who may qualify for relief under such section. 1042. Modification of provisions relating to cross-functional team for emerging threat relating to anomalous health incidents Section 910 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 111 note) is amended— (1) in subsection (b)— (A) in paragraph (1), by striking and any other and all that follows through necessary; and and inserting , including the causation, attribution, mitigation, identification, and treatment for such incidents; ; (B) in paragraph (2)— (i) by inserting and deconflict after integrate ; (ii) by striking agency and inserting agencies ; and (iii) by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (3) any other efforts regarding such incidents that the Secretary considers appropriate. ; and (2) in subsection (e)(2), by striking 90 days and all that follows through of enactment and inserting March 1, 2023, and not less frequently than once every 180 days thereafter until March 1, 2026 . 1043. Civilian casualty prevention, mitigation, and response (a) Establishment of Office for Civilian Casualty Prevention, Mitigation, and Response (1) In general Chapter 4 of title 10, United States Code, is amended by adding at the end the following new section: 148. Office for Civilian Casualty Prevention, Mitigation, and Response (a) Establishment The Secretary of Defense shall establish an office within the Department of Defense, to be known as the Office for Civilian Casualty Prevention, Mitigation, and Response (in this section referred to as the Office ), to serve as the focal point for matters related to civilian casualties and other forms of civilian harm resulting from military operations involving the United States Armed Forces. (b) Responsibilities Subject to the authority, direction, and control of the Secretary, the Office shall be responsible for— (1) collecting data and reports of investigations related to civilian casualty incidents; (2) analyzing data and trends with respect to civilian casualties; (3) conducting regular reviews of civilian harm prevention, mitigation, and response policies and practices across the Department of Defense; (4) referring civilian casualty incidents for investigation by appropriate components within the Department of Defense, when necessary; (5) making recommendations to the Secretary and the Joint Chiefs of Staff to improve civilian harm prevention, mitigation, and response; (6) ensuring lessons learned from investigations of civilian casualty incidents are captured and institutionalized within policy, training, and tactics, techniques, and procedures of the Department of Defense; (7) coordinating and synchronizing efforts across combatant commands, the Department of State, and other relevant United States Government departments and agencies to prevent, mitigate, and respond to civilian casualty incidents; (8) engaging with nongovernmental organizations and civilian casualty experts; and (9) such other responsibilities as are directed by the Secretary. (c) Director The head of the Office shall be the Director, who shall be appointed by the Secretary from among individuals qualified to serve as the Director who have significant experience and expertise relating to the protection of civilians. (d) Analysis required (1) In general Not later than one year after the date of the enactment of this section, the Office shall complete and submit to the Secretary an analysis of a representative sample of civilian casualty assessment reports and other reports of investigations of civilian casualty incidents on or after August 1, 2014— (A) to identify trends in civilian casualty incidents; (B) to identify factors contributing to civilian casualties; (C) to capture lessons learned from civilian casualty incidents; and (D) to evaluate the extent to which such lessons have been incorporated into policy, training, and tactics, techniques, and procedures of the Department of Defense. (2) Recommendations The analysis required by paragraph (1) shall include recommendations to the Secretary for improving civilian harm prevention, mitigation, and response. (e) Semiannual reports Not later than 180 days after the date of the enactment of this section, and every 180 days thereafter until the date is 2 years after such date of enactment, the Director shall submit to the congressional defense committees a report on the status of the implementation by the Department of Defense of recommendations included in— (1) the Civilian Casualty Review released by the Joint Staff in April 2018; (2) the independent assessment of Department of Defense standards, processes, procedures, and policy relating to civilian casualties resulting from United States military operations required by section 1721 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1809); and (3) the Civilian Harm Mitigation and Response Action Plan the Secretary of Defense directed to be developed on January 27, 2022. . (2) Clerical amendment The table of sections at the beginning of chapter 4 of such title is amended by adding at the end the following new item: 148. Office for Civilian Casualty Prevention, Mitigation, and Response. . (b) Limitation on use of funds Of the amount authorized to be appropriated by section 301 for operation and maintenance, Defense-wide, and available as specified in the funding table in section 4301 for the Office of the Secretary of Defense, not more than 75 percent may be obligated or expended until the date that is 15 days after the date on which the Secretary submits to the congressional defense committees the report required by section 1077 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 3867) relating to civilian casualty resourcing and authorities. 1044. Prohibition on delegation of authority to designate foreign partner forces as eligible for the provision of collective self-defense support by United States Armed Forces (a) Prohibition on delegation The authority to designate foreign partner forces as eligible for the provision of collective self-defense support by the United States Armed Forces may not be delegated below the Secretary of Defense. (b) Review Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall review existing designations of foreign partner forces as eligible for the provision of collective self-defense support by the United States Armed Forces and provide the congressional defense committees a certification that such designations remain valid. (c) Rule of construction Nothing in this section shall be construed as invalidating a designation of foreign partner forces as eligible for the provision of collective self-defense support by the United States Armed Forces that is in effect as of the date of the enactment of this Act. (d) Collective self-defense defined In this section, the term collective self-defense means the use of United States military force to defend designated foreign partner forces, their facilities, and their property. 1045. Personnel supporting the Office of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict (a) Plan 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 plan for adequately staffing the Office of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict to fulfill the requirements of section 138(b)(2)(A)(i) of title 10, United States Code, for exercising authority, direction, and control of all special-operations peculiar administrative matters relating to the organization, training, and equipping of special operations forces. (b) Additional information The Secretary shall ensure the plan required under subsection (a) is informed by the manpower study required by the Joint Explanatory Statement accompanying the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ). (c) Elements The plan required under subsection (a) shall include the following elements: (1) A validated number of personnel necessary to fulfill the responsibilities of the Secretariat for Special Operations outlined in section 139b of title 10, United States Code, and associated funding across the future years defense plan. (2) A hiring plan with milestones for gradually increasing the number of required personnel. (3) A breakdown of the optimal mix of required military, civilian, and contractor personnel. (4) An analysis of the feasibility and advisability of assigning a member of the Senior Executive Service as the Deputy Director of the Secretariat for Special Operations. (5) An identification of any anticipated funding shortfalls for personnel supporting the Secretariat for Special Operations across the future years defense plan. (6) Any other matters the Secretary determines relevant. 1046. Joint all domain command and control (a) Direction and control of cross-functional team for joint all domain command and control The cross-functional team (CFT) tasked with joint all domain command and control (JADC2) shall remain under the direction of the Director, Information, Command, Control, Communications and Computers (IC4) of the Joint Chiefs of Staff to ensure— (1) close collaboration with the Joint Requirements Oversight Council, the combatant commands, and the military services regarding operational requirements and requirements satisfaction; and (2) objective assessments and reporting to the Deputy Secretary of Defense and the Vice Chairman of the Joint Chiefs of Staff about Joint All Domain Command and Control implementation plan execution by offices of primary responsibility. (b) Demonstrations and fielding of effects chains In support of the emphasis of the National Defense Strategy on adversary-specific deterrence postures, in support of actions that can be taken within the Future Years Defense Program focused on critical kill chains and integrated concepts of operation, in support of demonstrations and experimentation, and to achieve objectives of the joint all domain command and control strategy and implementation plan that was approved by the Deputy Secretary of Defense in the United States Indo-Pacific Command area of operations, the Deputy Secretary and the Vice Chairman of the Joint Chiefs of Staff shall take the following actions: (1) In consultation with the Commander of United States Indo-Pacific Command (INDOPACOM)— (A) identify a prioritized list of difficult mission-critical operational challenges specific to the area of operations of such command; (B) design, using existing systems and capabilities and resource through the Office of Cost Analysis and Program Evaluation and the Management Action Group of the Deputy Secretary, a series of multi-domain, multi-service and multi-agency, multi-platform, and multi-system end-to-end integrated kinetic and non-kinetic effects chains, including necessary battle management functions, to solve the operational challenges identified in subparagraph (A); (C) using mission command principles of joint all domain command and control, demonstrate the ability to execute the integrated effects chains identified in subparagraph (B) in realistic conditions on a repeatable basis, including the ability to achieve interoperability among effects chain components that do not conform to common interface standards, including through the use of the System of Systems Technology Integration Tool Chain for Heterogeneous Electronic Systems (STITCHES) managed by the 350th Spectrum Warfare Wing of the Department of the Air Force; and (D) create a plan to deploy the effects chains to the area of operations of United States Indo-Pacific Command and execute them at the scale and pace required to solve the identified operational challenges, including necessary logistics and sustainment capabilities. (2) Designate the Commander of United States Indo-Pacific Command to serve as the transition partner for the integrated effects chains, and to maintain and exercise them as operational capabilities. (3) Designate the Strategic Capabilities Office and such other organizations as the Deputy Secretary deems appropriate to be responsible for— (A) composing and demonstrating the integrated effects chains under the mission management pilot program established by section 871 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ); and (B) providing continuing support and sustainment for, and training and exercising of, the integrated effects chains under the operational command of the Commander of United States Indo-Pacific Command. (4) Integrate the planning and demonstrations of the effects chains with— (A) the Production, Exploitation, and Dissemination Center in United States Indo-Pacific Command; (B) the Family of Integrated Targeting Cells; and (C) the tactical dissemination and information sharing systems for the Armed Forces and allies of the United States, including the Mission Partner Environment and the Maven Smart System. (c) Performance goals The Deputy Secretary, the Vice Chairman, and the Commander shall seek to— (1) demonstrate at least one new integrated effects chain on a quarterly basis, beginning with the third quarter of fiscal year 2023; and (2) include such demonstrations, as feasible, in Valiant Shield, Northern Edge, the Large Scale Global Exercise, the quarterly Scarlet Dragon exercises, the Global Information Dominance Experiments (GIDE), and annual force exercises in the area of responsibility of United States Indo-Pacific Command. (d) Implementation plan and establishment of joint force headquarters (1) Implementation plan Not later than 180 days after the date of the enactment of this Act, the Commander, in consultation and coordination with the Deputy Secretary and the Vice Chairman, shall submit to the congressional defense committees an implementation plan for the establishment of a joint force headquarters to serve as an operational command, including for — (A) integrating joint all domain command and control effects chains and mission command and control, including in conflicts that arise with minimal warning; (B) integrating the capabilities of Assault Breaker II, developed by the Defense Advanced Research Projects Agency, and related developmental efforts as they transition to operational deployment; (C) exercising other joint all domain command and control capabilities and functions; and (D) such other missions and operational tasks as the Commander may assign. (2) Elements The plan shall required by paragraph (1) shall include the following: (A) A description of the operational chain of command of the joint force headquarters to be established. (B) An identification of the manning and resourcing required for the joint force headquarters, relative to assigned missions, particularly the sources of personnel required. (C) A description of the mission and lines of effort of the joint force headquarters. (D) A description of the relationship with existing entities in United States Indo-Pacific Command, including an assessment of complementary and duplicative activities with such entities and the joint force headquarters. (E) An identification of infrastructure required to support the joint force headquarters. (F) Such other matters as the Commander considers appropriate. (3) Establishment Not later than October 1, 2024, the Commander shall, in consultation and coordination with the Deputy Secretary and the Vice Chairman, establish a joint force headquarters as described in paragraph (1). (e) Support for joint force headquarters The commander of the joint force headquarters established under subsection (d)(3) shall be supported by the United States Indo-Pacific Command subordinate unified commands, subordinate component commands, standing joint task force, and the military services. (f) Annual report required (1) In general Not later than one year after the date of the enactment of this Act and not less frequently than once each year thereafter until December 31, 2028, the Deputy Secretary and Vice Chairman, in coordination with the Commander of the United States Indo-Pacific Command, and the commander of the joint force headquarters established under subsection (d)(3), shall submit to the congressional defense committees an annual report on such joint force headquarters. (2) Contents Each report submitted under paragraph (1) shall include the following: (A) A description of the mission and lines of effort of the joint force headquarters. (B) An accounting of the personnel and other resources supporting the joint force headquarters, including support external to the headquarters. (C) A description of the operational chain of command of the joint force headquarters. (D) An assessment of the manning and resourcing of the joint force headquarters, relative to assigned missions. (E) A description of the relationship with existing entities in Indo-Pacific Command, including an assessment of complementary and duplicative activities with such entities and the joint force headquarters. (3) Form Each report submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (g) Definitions In this section: (1) The term Family of Integrated Targeting Cells means the Maritime Targeting Cell-Afloat, the Maritime Targeting Cell-Expeditionary, the Tactical Intelligence Targeting Access Node, and other interoperable tactical ground stations able to task the collection of, receive, process, and disseminate track and targeting information from many sensing systems in austere communications conditions. (2) The term joint all domain command and control means the warfighting capability to sense, make sense, and act at all levels and phases of war, across all domains, and with partners, to deliver information advantage at the speed of relevance. (3) The term mission command means pre-determined, pre-approved, operational event-driven authorities and capabilities that ensure decentralized mission execution and operational effectiveness during situations where communications are denied, disconnected, intermittent, and limited. 1047. Extension of admission to Guam or the Commonwealth of the Northern Mariana Islands for certain nonimmigrant H–2B workers Section 6(b)(1)(B) of the Joint Resolution entitled A Joint Resolution to approve the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America , and for other purposes , approved March 24, 1976 ( 48 U.S.C. 1806(b)(1)(B) ), is amended, in the matter preceding clause (i), by striking December 31, 2023 and inserting December 31, 2029 . 1048. Department of Defense support for civil authorities to address the illegal immigration crisis at the southwest border (a) Findings Congress finds the following: (1) The Department of Defense has provided critical support to U.S. Customs and Border Protection along the southwest border. (2) The Department of Defense’s presence along the southwest border assisted U.S. Customs and Border Protection in deterring illegal crossings at the southwest border. (b) Sense of the Senate It is the sense of the Senate that— (1) Department of Defense personnel have provided outstanding support to U.S. Customs and Border Protection along the southwest border; and (2) the Department of Defense’s Support of Civil Authority Mission has significantly contributed to mitigating the impact of the current security challenges along the southwest border of the United States. (c) Quarterly briefings Not later than 30 days after the date of the enactment of this Act, and every 90 days thereafter through December 31, 2024, the Undersecretary of Defense for Policy shall provide an unclassified briefing to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives , with a classified component, if necessary, regarding— (1) Department of Defense planning to address current and anticipated border support mission requirements as part of the Department of Defense's annual planning, programming, budgeting, and execution process; (2) the security situation along the southwest border of the United States; (3) any Department of Defense efforts, or updates to existing efforts, to cooperate with Mexico with respect to border security; (4) the type of support that is currently being provided by the Department of Defense along the southwest border of the United States; (5) the impact of such efforts and support on National Guard readiness; and (6) any recommendations for whether the southwest border mission of the Department of Defense should be expanded to respond to the security situation referred to in paragraph (2). 1049. Department of Defense support for funerals and memorial events for Members and former Members of Congress (a) In general Chapter 3 of title 10, United States Code, is amended by inserting after section 130 the following new section: 130a. Department of Defense support for funerals and related memorial events for Members and former Members of Congress (a) Support for funerals The Secretary of Defense may provide such support as the Secretary considers appropriate for the funeral or related memorial events of a Member or former Member of Congress, including support with respect to transportation to and from the funeral or other memorial events, in accordance with this section. (b) Requests for support; Secretary determination The Secretary may provide support under this section— (1) upon request from the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Majority Leader of the Senate, or the Minority Leader of the Senate; or (2) if the Secretary determines such support is necessary to carry out duties or responsibilities of the Department of Defense. (c) Use of funds The Secretary may use funds authorized to be appropriated for operations and maintenance to provide support under this section. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 130 the following new item: 130a. Department of Defense support for funerals and memorial events for Members and former Members of Congress. . 1050. Expansion of eligibility for direct acceptance of gifts by members of the Armed Forces and Department of Defense and Coast Guard employees and their families Section 2601a of title 10, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (2), by striking ; or and inserting a semicolon; (B) by redesignating paragraph (3) as paragraph (4); and (C) by inserting after paragraph (2) the following new paragraph: (3) that results in enrollment in a Warriors in Transition program, as defined in section 738(e) of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ; 10 U.S.C. 1071 note); or ; and (2) in subsection (c), by striking or (3) and inserting , (3), or (4) . 1051. Technical amendments related to recently enacted Commissions (a) Assistance from Department of Defense The Department of Defense may provide to each covered commission on a reimbursable basis such services, funds, facilities, staff, and other support services as necessary for the performance of such commission’s functions, at the request of such commission, and amounts may be paid to a covered commission for the purposes of funding such commission from amounts appropriated to the Department of Defense, as provided in advance in appropriations Acts. (b) Covered Commission defined In this section , the term covered commission means a commission established pursuant to the following sections of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ): (1) Section 1004 (Commission on Planning, Programming, Budgeting, and Execution Reform). (2) section 1091 (National Security Commission on Emerging Biotechnology). (3) section 1094 (Afghanistan War Commission). (4) section 1095 (Commission on the National Defense Strategy). (5) section 1687 (Congressional Commission on the Strategic Posture of the United States). F Studies and reports 1061. Submission of National Defense Strategy in classified and unclassified form Section 113(g)(1)(D) of title 10, United States Code, is amended by striking in classified form with an unclassified summary. and inserting in both classified and unclassified form. The unclassified form may not be a summary of the classified document. . 1062. Report on impact of certain ethics requirements on Department of Defense hiring, retention, and operations (a) Study (1) In general The Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center to conduct a study assessing whether the statutory ethics requirements unique to the Department of Defense and as set forth in paragraph (3) have had an impact on the hiring or retention of personnel at the Department of Defense, particularly those with specialized experience or training. (2) Elements The study required under paragraph (1) shall include the following elements: (A) An examination of how the statutory ethics requirements set forth in paragraph (3) are inconsistent or incongruent with ethics statutes that apply to all executive branch employees. (B) An examination of how the statutory ethics requirements set forth in paragraph (3) have impacted hiring and retention of personnel, particularly those with specialized experience or training, at the Department of Defense in comparison to other executive branch agencies not subject to such requirements. (C) An examination of how any confusion in the interpretation of the statutory ethics requirements set forth in paragraph (3)(B) may have impacted the hiring or retention of personnel, particularly those with specialized experience or training, at the Department of Defense. (D) An examination of how the statutory restrictions set forth in subparagraphs (B) and (C) of paragraph (3) may impact the ability of the Department of Defense to obtain expertise from industry and other groups in support of technology development, supply chain security, and other national security matters. (E) Any suggested changes to the statutory ethics requirements set forth in paragraph (3) to further the goals behind the requirements while also supporting the Department of Defense’s ability to hire and retain personnel, and obtain expertise from academia, think tanks, industry, and other groups to support national security. (3) Covered ethics requirements The ethics requirements referred to in paragraph (1) are the following provisions of law: (A) Section 847 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 10 U.S.C. 1701 note). (B) Section 1045 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 971 note prec.). (C) Section 1117 of the National Defense Authorization Act for Fiscal Year 2022 ( 10 U.S.C. 971 note prec.). (D) Section 988 of title 10, United States Code. (b) Report (1) In general Not later than one year after the date of the enactment of this Act, the federally funded research and development center with which the Secretary contracts under subsection (a) shall submit to the Secretary a report containing the results of the study conducted pursuant to that subsection. (2) Transmittal to Congress Not later than 30 days after the Secretary receives the report under paragraph (1), the Secretary shall transmit a copy of the report to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives. 1063. Extension of certain reporting deadlines (a) Commission on Planning, Programming, Budgeting, and Execution Reform Section 1004(g) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 1886) is amended— (1) in paragraph (1), by striking February 6, 2023 and inserting August 6, 2023 ; and (2) in paragraph (2), by striking September 1, 2023 and inserting March 1, 2024 . (b) National Security Commission on Emerging Biotechnology Section 1091(g) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 1931) is amended— (1) in paragraph (1), by striking 2 years after and inserting 2 years and 6 months after ; and (2) in paragraph (2), by striking 1 year after and inserting 1 year and 6 months after . (c) Commission on the National Defense Strategy Section 1095(g) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 1945) is amended— (1) in paragraph (1), by striking one year after and inserting one year and 6 months after ; and (2) in paragraph (2), by striking 180 days after and inserting one year after . (d) Congressional Commission on the Strategic Posture of the United States Section 1687(d) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 2128) is amended— (1) in paragraph (1), by striking December 31, 2022 and inserting June 30, 2023 ; and (2) in paragraph (3), by striking 180 days after and inserting one year after . G Other matters 1071. Annual risk assessment Section 222a of title 10, United States Code, is amended— (1) in the section heading, by inserting and risk assessment after priorities ; (2) in subsection (a), by inserting and risk assessment after priorities ; (3) in subsection (c)— (A) in the subsection heading, by striking Elements and inserting Unfunded priority report elements ; and (B) by striking report under this subsection and inserting unfunded priority report required under subsection (a) ; (4) by redesignating subsection (d) as subsection (e); and (5) by inserting after subsection (c) the following new subsection: (d) Risk assessment elements Each risk assessment required under subsection (a) shall specify, in writing, the following: (1) An assessment of the risks associated with the most current National Military Strategy (or update) under section 153(b)(1) of this title. (2) Any changes to the strategic environment, threats, objectives, force planning and sizing constructs, assessments, and assumptions. (3) Military strategic risks to United States interests and military risks in executing the National Military Strategy (or update). (4) Identification and definition of levels of risk, including an identification of what constitutes significant risk in the judgment of the officer. (5) Identification and assessment of risk in the National Military Strategy (or update) by category and level and the ways in which risk might manifest itself, including how risk is projected to increase, decrease, or remain stable over time. (6) For each category of risk, an assessment of the extent to which current or future risk increases, decreases, or is stable as a result of budgetary priorities, tradeoffs, or fiscal constraints or limitations as currently estimated and applied in the current future-years defense program under section 221 of this title. (7) Identification and assessment of risks associated with the assumptions or plans of the National Military Strategy (or update) about the contributions of external support, as appropriate. (8) Identification and assessment of the critical deficiencies and strengths in force capabilities (including manpower, logistics, intelligence, and mobility support) and identification and assessment of the effect of such deficiencies and strengths for the National Military Strategy (or update). (9) Identification and assessment of risk resulting from, or likely to result from, current or projected effects on military installation resilience. . 1072. Joint Concept for Competing (a) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall develop a Joint Concept for Competing. (b) Purposes The purposes of the Joint Concept for Competing are to— (1) define the role of the United States Armed Forces in long-term strategic competition with specific adversaries; (2) conceptualize the campaigning of Department of Defense joint forces and employment of capabilities to eliminate opportunities for adversary aggression during day-to-day competition, deter adversary military action, and set conditions for victory during sustained conflict; (3) describe the manner in which the Department of Defense will utilize its forces, capabilities, posture, indications and warning systems, and authorities to protect United States national interests, including integration with other instruments of national power and through security cooperation with partners and allies and operations, particularly below the threshold of traditional armed conflict; (4) identify priority lines of effort and assign responsibility to relevant military services, combatant commands, and other elements of the Department of Defense for each specified line of effort in support of the Joint Concept for Competing; and (5) provide a means for integrating and continuously improving the Department’s ability to engage in long-term strategic competition. (c) Report (1) In general Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter for 2 years, the Secretary of Defense shall provide a report to the congressional defense committees on the implementation of the Joint Concept for Competing. (2) Elements The report required under paragraph (1) shall include the following elements: (A) A detailed description of actions taken by the Department of Defense relative to the purposes specified under subsection (b). (B) An articulation of any new concepts or strategies necessary to support the Joint Concept for Competing. (C) An articulation of any capabilities, resources, or authorities necessary to implement the Joint Concept for Competing. (D) An explanation of the manner in which the Joint Concept for Competing relates to and integrates with the Joint Warfighting Concept. (E) An explanation of the manner in which the Joint Concept for Competing synchronizes and integrates with efforts of other departments and agencies of the United States Government to address long-term strategic competition. (F) Any other matters the Secretary of Defense determines relevant. 1073. Prioritization and acceleration of investments to attain threat matrix framework level 4 capability at training ranges supporting F–35 operations (a) Sense of Congress It is the sense of the Senate that— (1) the Air Force must train to fight and win in highly contested and competitive environments against technologically advanced adversaries; (2) in order for the Air Force to be proficient in tactics, techniques, and procedures and effectively execute at an operational level, the Air Force must train in an accurately replicated multi-domain environment for joint operations; (3) the Air Force can emulate only a fraction of existing and emerging threats to a level suitable for advanced sensors and cannot provide a contested or degraded environment with the threats available at the two major training ranges of the Air Force; and (4) since the Secretary of the Air Force says the Air Force cannot afford to allocate advanced capabilities across all ranges, the Air Force must prioritize developments and upgrades for ranges to ensure that one or more ranges have a complete suite of capability to conduct advanced F–35 training. (b) Upgrade of facilities (1) In general The Secretary of the Air Force shall prioritize and accelerate investments to develop and upgrade one or more ranges to attain threat matrix framework level 4 capability, such as peer capability, by not later than fiscal year 2026. (2) Elements In carrying out paragraph (1), the Secretary of the Air Force shall prioritize— (A) advanced radar threat systems; (B) live mission operations capability common architecture; (C) infrastructure, including roads, site preparation, secure facilities, power and communications infrastructure, and modernized range operations centers; (D) advanced integrated air defense systems; (E) air combat maneuvering instrumentation modernization; (F) global positioning system jamming suites; (G) contested-degraded operations jamming suites; (H) higher fidelity targets with more advanced characteristics; (I) modernized weapons scoring systems; and (J) secure, live-virtual-constructive advanced air combat training systems. 1074. Modification of Arctic Security Initiative Section 1090(b)(2) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ) is amended— (1) in subparagraph (A), by striking the Secretary may and inserting the Secretary shall ; and (2) in subparagraph (B)(i), by striking If the Initiative is established and inserting On the establishment of the Initiative . 1075. Pilot program on safe storage of personally owned firearms (a) Establishment The Secretary of Defense shall establish a pilot program to promote the safe storage of personally owned firearms. (b) Elements Under the pilot program under subsection (a), the Secretary of Defense shall furnish to members of the Armed Forces who are participating in the pilot program at military installations selected under subsection (e) locking devices or firearm safes, or both, for the purpose of securing personally owned firearms when not in use (including by directly providing, subsidizing, or otherwise making available such devices or safes). (c) Participation (1) Voluntary participation Participation by members of the Armed Forces in the pilot program under subsection (a) shall be on a voluntary basis. (2) Location of participants A member of the Armed Forces may participate in the pilot program under subsection (a) carried out at a military installation selected under subsection (e) regardless of whether the member resides at the military installation. (d) Plan Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan for the implementation of the pilot program under subsection (a). (e) Selection of installations Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall select not fewer than five military installations at which to carry out the pilot program under subsection (a). (f) Effect on existing policies Nothing in this section shall be construed to circumvent or undermine any existing safe storage policies, laws, or regulations on military installations. (g) Report Upon the termination under subsection (f) of the pilot program under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report containing the following information: (1) The number and type of locking devices and firearm safes furnished to members of the Armed Forces under the pilot program. (2) The cost of carrying out the pilot program. (3) An analysis of the effect of the pilot program on suicide prevention. (4) Such other information as the Secretary may determine appropriate, which shall exclude any personally identifiable information about participants in the pilot program. (h) Termination The pilot program under subsection (a) shall terminate on the date that is six years after the date of the enactment of this Act. 1076. Sense of the Senate on redesignation of the Africa Center for Strategic Studies as the James M. Inhofe Center for Africa Strategic Studies It is the sense of the Senate that— (1) Senator James M. Inhofe— (A) has, during his more than three decades of service in the United States Congress— (i) demonstrated a profound commitment to strengthening United States-Africa relations; and (ii) been one of the foremost leaders in Congress on matters related to United States-Africa relations; (B) was a key advocate for the establishment of United States Africa Command; and (C) has conducted 170 visits to countries in Africa; and (2) as a recognition of Senator Inhofe’s long history of engaging with, and advocating for, Africa, the Department of Defense Africa Center for Strategic Studies should be renamed the James M. Inhofe Center for Africa Strategic Studies. XI Civilian personnel matters 1101. Eligibility of Department of Defense employees in time-limited appointments to compete for permanent appointments Section 3304 of title 5, United States Code, is amended by adding at the end the following: (g) Eligibility of Department of Defense employees in time-limited appointments to compete for permanent appointments (1) Definitions In this subsection— (A) the term Department means the Department of Defense; and (B) the term time-limited appointment means a temporary or term appointment in the competitive service. (2) Eligibility Notwithstanding any other provision of this chapter or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, an employee of the Department serving under a time-limited appointment is eligible to compete for a permanent appointment in the competitive service when the Department is accepting applications from individuals within its own workforce, or from individuals outside its own workforce, under merit promotion procedures, if— (A) the employee was appointed initially under open, competitive examination under subchapter I of this chapter to the time-limited appointment; (B) the employee has served under 1 or more time-limited appointments within the Department for a period or periods totaling more than 2 years without a break of 2 or more years; and (C) the employee's performance has been at an acceptable level of performance throughout the period or periods referred to in subparagraph (B). (3) Career-conditional status; competitive status An individual appointed to a permanent position under this section— (A) becomes a career-conditional employee, unless the employee has otherwise completed the service requirements for career tenure; and (B) acquires competitive status upon appointment. (4) Former employees If the Department is accepting applications as described in paragraph (2), a former employee of the Department who served under a time-limited appointment and who otherwise meets the requirements of this section shall be eligible to compete for a permanent position in the competitive service under this section if— (A) the employee applies for a position covered by this section not later than 2 years after the most recent date of separation; and (B) the employee's most recent separation was for reasons other than misconduct or performance. (5) Regulations The Office of Personnel Management shall prescribe regulations necessary for the administration of this subsection. . 1102. Employment authority for civilian faculty at certain military department schools (a) Addition of Army University and additional faculty (1) In general Section 7371 of title 10, United States Code, is amended— (A) in subsection (a), by striking the Army War College or the United States Army Command and General Staff College and inserting the Army War College, the United States Army Command and General Staff College, and the Army University ; and (B) by striking subsection (c). (2) Conforming amendments (A) Section heading The heading of such section is amended to read as follows: 7371. Army War College, United States Army Command and General Staff College, and Army University: civilian faculty members . (B) Table of sections The table of sections at the beginning of chapter 747 of such title is amended by striking the item relating to section 7371 and inserting the following new item: 7371. Army War College, United States Army Command and General Staff College, and Army University: civilian faculty members. . (b) Naval War College and Marine Corps University Section 8748 of such title is amended by striking subsection (c). (c) Air University Section 9371 of such title is amended by striking subsection (c). 1103. Employment and compensation of civilian faculty members at Inter-American Defense College (a) In general Subsection (c) of section 1595 of title 10, United States Code, is amended by adding at the end the following new paragraph: (9) The United States Element of the Inter-American Defense College. . (b) Conforming amendments Such section is further amended— (1) in subsection (a), by striking institutions and inserting organizations ; and (2) in subsection (c)— (A) in the subsection heading, by striking institutions and inserting organizations ; and (B) in the matter preceding paragraph (1), by striking institutions and inserting organizations . 1104. Modification to personnel management authority to attract experts in science and engineering Section 4092 of title 10, United States Code, is amended— (1) in subsection (a)(8), in the second sentence, by striking December 31, 2025 and inserting December 31, 2030 ; (2) in subsection (b)— (A) in paragraph (1)(H)— (i) by striking 10 positions and inserting 15 positions ; and (ii) by striking 3 such positions and inserting 5 such positions ; and (B) in paragraph (2)(A)— (i) in the matter preceding clause (i), by striking paragraph (1)(B) and inserting subparagraphs (B) and (H) of paragraph (1) ; (ii) in clause (i)— (I) by striking to any of and inserting to any of the ; and (II) by inserting and any of the 5 positions designated by the Director of the Space Development Agency after Projects Agency ; and (iii) in clause (ii), by striking the Director and inserting the Director of the Defense Advanced Research Projects Agency or the Director of the Space Development Agency ; and (3) in subsection (c)(2), by inserting the Space Development Agency, after Intelligence Center, . 1105. Enhanced pay authority for certain research and technology positions in science and technology reinvention laboratories (a) In general Chapter 303 of title 10, United States Code, is amended by inserting after section 4093 the following new section: 4094. Enhanced pay authority for certain research and technology positions in science and technology reinvention laboratories (a) In general The Secretary of Defense may carry out a program using the pay authority specified in subsection (d) to fix the rate of basic pay for positions described in subsection (c) in order to assist the military departments in attracting and retaining high quality acquisition and technology experts in positions responsible for managing and performing complex, high-cost research and technology development efforts in the science and technology reinvention laboratories of the Department of Defense. (b) Approval required The program may be carried out in a military department only with the approval of the service acquisition executive of the military department concerned. (c) Positions The positions described in this subsection are positions in the science and technology reinvention laboratories of the Department of Defense that— (1) require expertise of an extremely high level in a scientific, technical, professional, or acquisition management field; and (2) are critical to the successful accomplishment of an important research or technology development mission. (d) Rate of basic pay The pay authority specified in this subsection is authority as follows: (1) Authority to fix the rate of basic pay for a position at a rate not to exceed 150 percent of the rate of basic pay payable for level I of the Executive Schedule, upon the approval of the service acquisition executive concerned. (2) Authority to fix the rate of basic pay for a position at a rate in excess of 150 percent of the rate of basic pay payable for level I of the Executive Schedule, upon the approval of the Secretary of the military department concerned. (e) Limitations (1) In general The authority in subsection (a) may be used only to the extent necessary to competitively recruit or retain individuals exceptionally well qualified for positions described in subsection (c). (2) Number of positions The authority in subsection (a) may not be used with respect to more than five positions in each military department at any one time, unless the Under Secretary of Defense for Research and Engineering, in concurrence with the Secretaries of the military departments concerned, authorizes the transfer of positions from one military department to another. (3) Term of positions The authority in subsection (a) may be used only for positions having a term of less than five years. (f) Science and technology reinvention laboratories of the Department of Defense defined In this section, the term science and technology reinvention laboratories of the Department of Defense means the laboratories designated as science and technology reinvention laboratories by section 4121(b) of this title. . (b) Clerical amendment The table of sections at the beginning of chapter 303 of such title is amended by inserting after the item relating to section 4093 the following new item: 4094. Enhanced pay authority for certain research and technology positions in science and technology reinvention laboratories. . 1106. Modification and extension of pilot program on dynamic shaping of the workforce to improve the technical skills and expertise at certain Department of Defense laboratories (a) Repeal of obsolete provision Section 1109(b)(1) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ) is amended by striking subparagraph (D). (b) Extension of authority Section 1109(d)(1) of such Act is amended by striking December 31, 2023 and inserting December 31, 2027 . 1107. Modification of effective date of repeal of two-year probationary period for employees Section 1106 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 1950) is amended— (1) in subsection (a)(1), by striking December 31, 2022 and inserting December 31, 2024 ; and (2) in subsection (b), by adding at the end the following new paragraph: (3) Effective date The amendments made by paragraphs (1) and (2) shall take effect on December 31, 2024. . 1108. Modification and extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas Subsection (a) of section 1101 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4615), as most recently amended by section 1112 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 1953), is further amended— (1) by striking that is in the area of responsibility and all that follows through United States Africa Command, ; and (2) by striking through 2022 and inserting through 2023 . 1109. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone Paragraph (2) of section 1603(a) of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 ( Public Law 109–234 ; 120 Stat. 443), as added by section 1102 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4616) and as most recently amended by section 1114 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 1954), is further amended by striking 2023 and inserting 2024 . 1110. Modification of temporary expansion of authority for noncompetitive appointments of military spouses by Federal agencies (a) Extension of sunset Subsection (e) of section 573 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 5 U.S.C. 3330d note) is amended, in the matter preceding paragraph (1), by striking the date that is 5 years after the date of the enactment of this Act and inserting December 31, 2028 . (b) Repeal of OPM limitation and reports Subsection (d) of such section is repealed. 1111. Department of Defense Cyber and Digital Service Academy (a) Establishment (1) In general The Secretary of Defense, in consultation with the Secretary of Homeland Security and the Director of the Office of Personnel and Management, shall establish a program to provide financial support for pursuit of programs of education at institutions of high education in covered disciplines. (2) Covered disciplines For purposes of the Program, a covered discipline is a discipline that the Secretary of Defense determines is critically needed and is cyber- or digital technology-related, including the following: (A) Computer-related arts and sciences. (B) Cyber-related engineering. (C) Cyber-related law and policy. (D) Applied analytics related sciences, data management, and digital engineering, including artificial intelligence and machine learning. (E) Such other disciplines relating to cyber, cybersecurity, digital technology, or supporting functions as the Secretary of Defense considers appropriate. (3) Designation The program established under paragraph (1) shall be known as the Department of Defense Cyber and Digital Service Academy (in this section the Program ). (b) Program description and components The Program shall— (1) provide scholarships through institutions of higher education to students who are enrolled in programs of education at such institutions leading to degrees or specialized program certifications in covered disciplines; and (2) prioritize the placement of scholarship recipients fulfilling the post-award employment obligation under this section. (c) Scholarship amounts (1) Amount of assistance (A) Each scholarship under the Program shall be in such amount as the Secretary determines necessary— (i) to pay all educational expenses incurred by that person, including tuition, fees, cost of books, and laboratory expenses, for the pursuit of the program of education for which the assistance is provided under the Program; and (ii) to provide a stipend for room and board. (B) The Secretary shall ensure that expenses paid are limited to those educational expenses normally incurred by students at the institution of higher education involved. (2) Support for internship activities The financial assistance for a person under this section may also be provided to support internship activities of the person in the Department of Defense and combat support agencies in periods between the academic years leading to the degree or specialized program certification for which assistance is provided the person under the Program. (3) Period of support Each scholarship under the Program shall be for not more than 5 years. (4) Additional stipend Students demonstrating financial need, as determined by the Secretary, may be provided with an additional stipend under the Program. (d) Post-award employment obligations Each scholarship recipient, as a condition of receiving a scholarship under the Program, shall enter into an agreement under which the recipient agrees to work for a period equal to the length of the scholarship, following receipt of the student’s degree or specialized program certification, in the cyber- and digital technology-related missions of the Department, in accordance with the terms and conditions specified by the Secretary in regulations the Secretary shall promulgate to carry out this subsection. (e) Hiring authority In carrying out this section, specifically with respect to enforcing the obligations and conditions of employment under subsection (d), the Secretary may use any authority otherwise available to the Secretary for the recruitment, employment, and retention of civilian personnel within the Department, including authority under section 1599f of title 10, United States Code. (f) Eligibility To be eligible to receive a scholarship under the Program, an individual shall— (1) be a citizen or lawful permanent resident of the United States; (2) demonstrate a commitment to a career in improving the security of information technology or advancing the development and application of digital technology; (3) have demonstrated a high level of competency in relevant knowledge, skills, and abilities, as defined by the national cybersecurity awareness and education program under section 303 of the Cybersecurity Enhancement Act of 2014 ( 15 U.S.C. 7443 ); (4) be a full-time student, or have been accepted as a full-time student, in a program leading to a degree or specialized program certification in a covered discipline at an institution of higher education; (5) enter into an agreement accepting and acknowledging the post award employment obligations, pursuant to section (d); (6) accept and acknowledge the conditions of support under section (g); and (7) meet such other requirements for a scholarship as determined appropriate by the Secretary. (g) Conditions of support (1) In general As a condition of receiving a scholarship under this section, a recipient shall agree to provide the Office of Personnel Management (in coordination with the Department of Defense) and the institutions of higher education described in subsection (a)(1) with annual verifiable documentation of post-award employment and up-to-date contact information. (2) Terms A scholarship recipient under the Program shall be liable to the United States as provided in subsection (i) if the individual— (A) fails to maintain an acceptable level of academic standing at the applicable institution of higher education, as determined by the Secretary; (B) is dismissed from the applicable institution of higher education for disciplinary reasons; (C) withdraws from the eligible degree program before completing the Program; (D) declares that the individual does not intend to fulfill the post-award employment obligation under this section; (E) fails to maintain or fulfill any of the post-graduation or post-award obligations or requirements of the individual; or (F) fails to fulfill the requirements of paragraph (1). (h) Monitoring compliance As a condition of participating in the Program, an institution of higher education shall— (1) enter into an agreement with the Secretary to monitor the compliance of scholarship recipients with respect to their post-award employment obligations; and (2) provide to the Secretary and the Director of the Office of Personnel Management, on an annual basis, the post-award employment documentation required under subsection (g)(1) for scholarship recipients through the completion of their post-award employment obligations. (i) Amount of repayment (1) Less than 1 year of service If a circumstance described in subsection (g)(2) occurs before the completion of 1 year of a post-award employment obligation under the Program, the total amount of scholarship awards received by the individual under the Program shall be considered a debt to the Government and repaid in its entirety. (2) 1 or more years of service If a circumstance described in subparagraph (D) or (E) of subsection (g)(2) occurs after the completion of 1 or more years of a post-award employment obligation under the Program, the total amount of scholarship awards received by the individual under the Program, reduced by the ratio of the number of years of service completed divided by the number of years of service required, shall be considered a debt to the Government and repaid in accordance with subsection (j). (j) Repayments A debt described subsection (i) shall be subject to repayment, together with interest thereon accruing from the date of the scholarship award, in accordance with terms and conditions specified by the Secretary in regulations promulgated to carry out this subsection. (k) Collection of repayment (1) In general In the event that a scholarship recipient is required to repay the scholarship award under the Program, the institution of higher education providing the scholarship shall— (A) determine the repayment amounts and notify the recipient, the Secretary, and the Director of the Office of Personnel Management of the amounts owed; and (B) collect the repayment amounts within a period of time as determined by the Secretary. (2) Returned to treasury Except as provided in paragraph (3), any repayment under this subsection shall be returned to the Treasury of the United States. (3) Retain percentage An institution of higher education may retain a percentage of any repayment the institution collects under this subsection to defray administrative costs associated with the collection. The Secretary shall establish a single, fixed percentage that will apply to all eligible entities. (l) Public information (1) Evaluation The Secretary, in coordination with the Director of the Office of Personnel Management, shall periodically evaluate and make public, in a manner that protects the personally identifiable information of scholarship recipients, information on the success of recruiting individuals for scholarships under the Program and on hiring and retaining those individuals in the Department of Defense workforce, including information on— (A) placement rates; (B) where students are placed, including job titles and descriptions; (C) salary ranges for students not released from obligations under this section; (D) how long after graduation students are placed; (E) how long students stay in the positions they enter upon graduation; (F) how many students are released from obligations; and (G) what, if any, remedial training is required. (2) Reports The Secretary, in consultation with the Office of Personnel Management, shall submit, not less frequently than once every two years, to Congress a report, including— (A) the results of the evaluation under paragraph (1); (B) the disparity in any reporting between scholarship recipients and their respective institutions of higher education; and (C) any recent statistics regarding the size, composition, and educational requirements of the relevant Department of Defense workforce. (3) Resources The Secretary, in coordination with the Director of the Office of Personnel Management, shall provide consolidated and user-friendly online resources for prospective scholarship recipients, including, to the extent practicable— (A) searchable, up-to-date, and accurate information about participating institutions of higher education and job opportunities relating to covered disciplines; and (B) a modernized description of careers in covered disciplines. (m) Allocation of funding (1) In general Not less than 50 percent of the amount available for financial assistance under this section for a fiscal year shall be available only for providing financial assistance for the pursuit of programs of education referred to in subsection (b)(1) at institutions of higher education that have established, improved, or are administering programs of education in disciplines under the grant program established in section 2200b of title 10, United States Code, as determined by the Secretary. (2) Associate degrees Not less than five percent of the amount available for financial assistance under this section for a fiscal year shall be available for providing financial assistance for the pursuit of an associate degree at an institution described in paragraph (1). (n) Board of directors In order to help identify workforce needs and trends relevant to the Program, the Secretary may establish a board of directors for the Program that consists of representatives of Federal departments and agencies. (o) Commencement of program The Secretary shall commence the Program as early as practicable, with the first scholarships awarded under the Program for the academic year beginning no later than the Fall semester of 2024. 1112. Civilian Cybersecurity Reserve pilot project (a) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Armed Services of the Senate; (C) the Committee on Homeland Security of the House of Representatives; and (D) the Committee on Armed Services of the House of Representatives. (2) Competitive service The term competitive service has the meaning given the term in section 2102 of title 5, United States Code. (3) Excepted service The term excepted service has the meaning given the term in section 2103 of title 5, United States Code. (4) Significant incident The term significant incident — (A) means an incident or a group of related incidents that results, or is likely to result, in demonstrable harm to— (i) the national security interests, foreign relations, or economy of the United States; or (ii) the public confidence, civil liberties, or public health and safety of the people of the United States; and (B) does not include an incident or a portion of a group of related incidents that occurs on— (i) a national security system, as defined in section 3552 of title 44, United States Code; or (ii) an information system described in paragraph (2) or (3) of section 3553(e) of title 44, United States Code. (5) Temporary position The term temporary position means a position in the competitive or excepted service for a period of 180 days or less. (6) Uniformed services The term uniformed services has the meaning given the term in section 2101 of title 5, United States Code. (b) Pilot project (1) In general The Secretary of the Army shall carry out a pilot project to establish a Civilian Cybersecurity Reserve. (2) Purpose The purpose of the Civilian Cybersecurity Reserve is to enable the Army to provide manpower to the cyberspace operations forces of the United States Cyber Command to effectively respond to significant incidents. (3) Alternative methods Consistent with section 4703 of title 5, United States Code, in carrying out the pilot project required under paragraph (1), the Secretary may, without further authorization from the Office of Personnel Management, provide for alternative methods of— (A) establishing qualifications requirements for, recruitment of, and appointment to positions; and (B) classifying positions. (4) Appointments Under the pilot project required under paragraph (1), upon occurrence of a significant incident, the Secretary— (A) may activate members of the Civilian Cybersecurity Reserve by— (i) noncompetitively appointing members of the Civilian Cybersecurity Reserve to temporary positions in the competitive service; or (ii) appointing members of the Civilian Cybersecurity Reserve to temporary positions in the excepted service; (B) shall notify Congress whenever a member is activated under subparagraph (A); and (C) may appoint not more than 50 members to the Civilian Cybersecurity Reserve under subparagraph (A) at any time. (5) Status as employees An individual appointed under paragraph (4) shall be considered a Federal civil service employee under section 2105 of title 5, United States Code. (6) Additional employees Individuals appointed under paragraph (4) shall be in addition to any employees of the United States Cyber Command who provide cybersecurity services. (7) Employment protections The Secretary of Labor shall prescribe such regulations as necessary to ensure the reemployment, continuation of benefits, and non-discrimination in reemployment of individuals appointed under paragraph (4), provided that such regulations shall include, at a minimum, those rights and obligations set forth under chapter 43 of title 38, United States Code. (8) Status in reserve During the period beginning on the date on which an individual is recruited to serve in the Civilian Cybersecurity Reserve and ending on the date on which the individual is appointed under paragraph (4), and during any period in between any such appointments, the individual shall not be considered a Federal employee. (c) Eligibility; application and selection (1) In general Under the pilot project required under subsection (b)(1), the Secretary of the Army shall establish criteria for— (A) individuals to be eligible for the Civilian Cybersecurity Reserve; and (B) the application and selection processes for the Civilian Cybersecurity Reserve. (2) Requirements for individuals The criteria established under paragraph (1)(A) with respect to an individual shall include— (A) if the individual has previously served as a member of the Civilian Cybersecurity Reserve, that the previous appointment ended not less than 60 days before the individual may be appointed for a subsequent temporary position in the Civilian Cybersecurity Reserve; and (B) cybersecurity expertise. (3) Prescreening The Secretary shall— (A) conduct a prescreening of each individual prior to appointment under subsection (b)(4) for any topic or product that would create a conflict of interest; and (B) require each individual appointed under subsection (b)(4) to notify the Secretary if a potential conflict of interest arises during the appointment. (4) Agreement required An individual may become a member of the Civilian Cybersecurity Reserve only if the individual enters into an agreement with the Secretary to become such a member, which shall set forth the rights and obligations of the individual and the Army. (5) Exception for continuing military service commitments A member of the Selected Reserve under section 10143 of title 10, United States Code, may not be a member of the Civilian Cybersecurity Reserve. (6) Prohibition Any individual who is an employee of the executive branch may not be recruited or appointed to serve in the Civilian Cybersecurity Reserve. (d) Security clearances (1) In general The Secretary of the Army shall ensure that all members of the Civilian Cybersecurity Reserve undergo the appropriate personnel vetting and adjudication commensurate with the duties of the position, including a determination of eligibility for access to classified information where a security clearance is necessary, according to applicable policy and authorities. (2) Cost of sponsoring clearances If a member of the Civilian Cybersecurity Reserve requires a security clearance in order to carry out the duties of the member, the Army shall be responsible for the cost of sponsoring the security clearance of the member. (e) Study and implementation plan (1) Study Not later than 60 days after the date of the enactment of this Act, the Secretary of the Army shall begin a study on the design and implementation of the pilot project required under subsection (b)(1), including— (A) compensation and benefits for members of the Civilian Cybersecurity Reserve; (B) activities that members may undertake as part of their duties; (C) methods for identifying and recruiting members, including alternatives to traditional qualifications requirements; (D) methods for preventing conflicts of interest or other ethical concerns as a result of participation in the pilot project and details of mitigation efforts to address any conflict of interest concerns; (E) resources, including additional funding, needed to carry out the pilot project; (F) possible penalties for individuals who do not respond to activation when called, in accordance with the rights and procedures set forth under title 5, Code of Federal Regulations; and (G) processes and requirements for training and onboarding members. (2) Implementation plan Not later than one year after beginning the study required under paragraph (1), the Secretary shall— (A) submit to the appropriate congressional committees an implementation plan for the pilot project required under subsection (b)(1); and (B) provide to the appropriate congressional committees a briefing on the implementation plan. (3) Prohibition The Secretary may not take any action to begin implementation of the pilot project required under subsection (b)(1) until the Secretary fulfills the requirements under paragraph (2). (f) Project guidance Not later than two years after the date of the enactment of this Act, the Secretary of the Army shall, in consultation with the Office of Personnel Management and the Office of Government Ethics, issue guidance establishing and implementing the pilot project required under subsection (b)(1). (g) Briefings and report (1) Briefings Not later than one year after the date of the enactment of this Act, and every year thereafter until the date on which the pilot project required under subsection (b)(1) terminates under subsection (i), the Secretary of the Army shall provide to the appropriate congressional committees a briefing on activities carried out under the pilot project, including— (A) participation in the Civilian Cybersecurity Reserve, including the number of participants, the diversity of participants, and any barriers to recruitment or retention of members; (B) an evaluation of the ethical requirements of the pilot project; (C) whether the Civilian Cybersecurity Reserve has been effective in providing additional capacity to the Army during significant incidents; and (D) an evaluation of the eligibility requirements for the pilot project. (2) Report Not earlier than 180 days and not later than 90 days before the date on which the pilot project required under subsection (b)(1) terminates under subsection (i), the Secretary shall submit to the appropriate congressional committees a report and provide a briefing on recommendations relating to the pilot project, including recommendations for— (A) whether the pilot project should be modified, extended in duration, or established as a permanent program, and if so, an appropriate scope for the program; (B) how to attract participants, ensure a diversity of participants, and address any barriers to recruitment or retention of members of the Civilian Cybersecurity Reserve; (C) the ethical requirements of the pilot project and the effectiveness of mitigation efforts to address any conflict of interest concerns; and (D) an evaluation of the eligibility requirements for the pilot project. (h) Evaluation Not later than three years after the pilot project required under subsection (b)(1) is established, the Comptroller General of the United States shall— (1) conduct a study evaluating the pilot project; and (2) submit to Congress— (A) a report on the results of the study; and (B) a recommendation with respect to whether the pilot project should be modified. (i) Sunset The pilot project required under subsection (b)(1) shall terminate on the date that is four years after the date on which the pilot project is established. (j) No additional funds (1) In general No additional funds are authorized to be appropriated for the purpose of carrying out this section. (2) Existing authorized amounts Funds to carry out this section may, as provided in advance in appropriations Acts, only come from amounts authorized to be appropriated to the Army. 1113. Modification to pilot program for the temporary assignment of cyber and information technology personnel to private sector organizations Section 1110(d) of the National Defense Authorization Act for Fiscal Year 2010 ( 5 U.S.C. 3702 note; Public Law 111–84 ) is amended by striking September 30, 2022 and inserting December 31, 2026 . 1114. Report on cyber excepted service (a) Report required Not later than one year after the date of the enactment of this Act and not less frequently than once each year thereafter until September 30, 2028, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a detailed report on cyber excepted service positions during the most recent one-year period. (b) Contents Each report submitted under subsection (a) shall include, for the period covered by the report, the following: (1) A discussion of the process used in accepting applications, assessing candidates, process for and effect of adhering to provisions of law establishing preferences for hiring preference eligible veterans, and selecting applicants for vacancies to be filled by an individual for a cyber excepted service position. (2) A description of the following: (A) How the Secretary plans to recruit and retain employees in cyber excepted service positions. (B) Cyber excepted service performance metrics. (C) Any actions taken during the reporting period to improve cyber excepted service implementation. (3) A discussion of how the planning and actions taken described in paragraph (2) are integrated into the strategic workforce planning of the Department. (4) The metrics on actions occurring during the reporting period, including the following: (A) The number of employees in cyber excepted service positions hired, disaggregated by occupation, grade, and level or pay band. (B) The placement of employees in cyber excepted service positions, disaggregated by military department, Defense agency, or other component within the Department. (C) The total number of veterans hired. (D) The number of separations of employees in cyber excepted service positions, disaggregated by occupation, grade, and level or pay band. (E) The number of retirements of employees in cyber excepted service positions, disaggregated by occupation, grade, and level or pay band. (F) The number and amounts of recruitment, relocation, and retention incentives paid to employees in cyber excepted service positions, disaggregated by occupation, grade, and level or pay band. (G) The number of employees who declined transition to qualified cyber excepted service positions. (5) An assessment of the training provided to supervisors of employees in cyber excepted service positions at the Department on the use of the new authorities. (6) An assessment of the implementation of section 1599f(a)(1)(A) of title 10, United States Code, including— (A) how each military department, Defense agency, or other component within the Department is incorporating or intends to incorporate cyber excepted service personnel in their cyber mission workforce; and (B) how the cyber excepted service has allowed each military department, Defense agency, or other component within the Department to establish, recruit for, and retain personnel to fill cyber mission workforce needs. (7) An assessment of the effect of section 1599f of title 10, United States Code, on the ability of the Department to recruit, retain, and develop cyber professionals in the Department. (8) An assessment of barriers to participation in cyber excepted service positions, including challenges to transition between general and excepted service, differences between compensation, incentives, and benefits, access to career broadening experiences, or any other barriers as determined by the Secretary. (9) Proposed modifications to the cyber excepted service. (10) Such other matters as the Secretary considers appropriate. (c) Definitions In this section: (1) The term cyber excepted service consists of those positions established under section 1599f(a)(1)(A) of title 10, United States Code. (2) The term cyber excepted service position means a position in the cyber excepted service. XII Matters relating to foreign nations A Assistance and training 1201. Extension of authority to support border security operations of certain foreign countries Subsection (h) of section 1226 of the National Defense Authorization Act for Fiscal Year 2016 ( 22 U.S.C. 2151 note) is amended by striking December 31, 2023 and inserting December 31, 2025 . 1202. Modification of reporting requirement for provision of support to friendly foreign countries for conduct of operations Section 331(d)(2) of title 10, United States Code, is amended— (1) by redesignating subparagraph (E) as subparagraph (F); and (2) by inserting after subparagraph (D) the following new subparagraph (E): (E) A description of the one or more entities with which the applicable friendly foreign country is engaged in hostilities and whether each such entity is covered by an authorization for the use of military force. . 1203. Payment of personnel expenses necessary for participation in training program conducted by Colombia under the United States-Colombia Action Plan for Regional Security (a) In general Subchapter IV of chapter 16 of title 10, United States Code, is amended by adding at the end the following new section 335: 335. Payment of personnel expenses necessary for participation in training program conducted by Colombia under the United States-Colombia Action Plan for Regional Security (a) Authority The Secretary of Defense may pay the expendable training supplies, travel, subsistence, and similar personnel expenses of, and special compensation for, the following that the Secretary considers necessary for participation in the training program conducted by Colombia under the United States-Colombia Action Plan for Regional Security: (1) Defense personnel of friendly foreign governments. (2) With the concurrence of the Secretary of State, other personnel of friendly foreign governments and nongovernmental personnel. (b) Limitation (1) In general Except as provided in paragraph (2), the authority provided in subsection (a) may only be used for the payment of such expenses of, and special compensation for, such personnel from developing countries. (2) Exception The Secretary may authorize the payment of such expenses of, and special compensation for, such personnel from a country other than a developing country if the Secretary determines that such payment is— (A) necessary to respond to extraordinary circumstances; and (B) in the national security interest of the United States. . (b) Annual report Paragraph (1) of section 386(c) of title 10, United States Code, is amended to read as follows: (1) Sections 311, 321, 331, 332, 333, 335, 341, 344, 348, 349, and 350 of this title. . (c) Conforming amendment The table of sections at the beginning of subchapter IV of chapter 16 of title 10, United States Code, is amended by adding at the end the following new item: 335. Payment of personnel expenses necessary for participation in training program conducted by Colombia under the United States-Colombia Action Plan for Regional Security. . 1204. Modification of authority for participation in multinational centers of excellence Section 344(f) of title 10, United States Code, is amended— (1) in paragraph (1)(D), by striking and at the end; (2) in paragraph (2), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (3) the International Special Training Centre, established in 1979 and located in Pfullendorf, Germany. . 1205. Modification of Regional Defense Combating Terrorism and Irregular Warfare Fellowship Program and plan for Irregular Warfare Center (a) Modification of Regional Defense Combating Terrorism and Irregular Warfare Fellowship Program (1) In general Section 345 of title 10, United States Code, is amended— (A) in the section heading, by striking Regional Defense Combating Terrorism and Irregular Warfare Fellowship Program and inserting Irregular Warfare Security Cooperation ; (B) in subsection (a)— (i) in the subsection heading, by striking Program Authorized and inserting Authority ; (ii) in paragraph (1), in the matter preceding subparagraph (A), by inserting operate and administer a Center for Security Studies in Irregular Warfare, to be known as the Irregular Warfare Center , and after The Secretary of Defense may ; (iii) by amending paragraph (2) to read as follows: (2) Covered costs (A) In general Costs for which payment may be made under this section include the costs of— (i) transportation, travel, and subsistence costs of foreign national personnel and United States governmental personnel necessary for administration and execution of the authority granted to the Secretary of Defense under this section; (ii) strategic engagement with alumni of the program referred to in paragraph (1) to address Department of Defense objectives and planning on irregular warfare and combating terrorism topics; and (iii) administration and operation of the Irregular Warfare Center, including expenses associated with— (I) research, communication, the exchange of ideas, curriculum development and review, and training of military and civilian participants of the United States and other countries, as the Secretary considers necessary; and (II) maintaining an international network of irregular warfare policymakers and practitioners to achieve the objectives of the Department of Defense and the Department of State. (B) Payment by others permitted Payment of costs described in subparagraph (A)(i) may be made by the Secretary of Defense, the foreign national participant, the government of such participant, or by the head of any other Federal department or agency. ; (iv) by striking paragraph (3); (C) in subsection (b)(1), by striking The program authorized by and inserting The authority granted to the Secretary of Defense under ; (D) by redesignating subsections (c) and (d) as subsections (e) and (g), respectively; (E) by inserting after subsection (b) the following new paragraphs (c) and (d): (c) Employment and compensation of faculty With respect to the Irregular Warfare Center, the Secretary of Defense may employ a Director, a Deputy Director, and such civilians as professors, instructors, and lecturers, as the Secretary considers necessary. (d) Academic cooperation on irregular warfare To promote integration across the United States Government and with allies in activities across the irregular warfare competition and conflict spectrum, the Secretary of Defense may enter into partnerships and resource sharing agreements with academic institutions of the Department of Defense and other academic institutions engaged in irregular warfare security studies. ; (F) in subsection (e), as so redesignated, in the first sentence, by striking $35,000,000 and inserting $40,000,000 ; and (G) by inserting after subsection (e), as so redesignated, the following new subsection: (f) Annual review The Secretary of Defense— (1) shall conduct an annual review of the structure and activities of the Irregular Warfare Center and the program referred to in subsection (a) to determine whether such structure and activities are appropriately aligned with the strategic priorities of the Department of Defense and the applicable combatant commands; and (2) may, after an annual review under paragraph (1), revise the relevant structure and activities so as to more appropriately align such structure and activities with the strategic priorities and combatant commands. . (2) Clerical amendment The table of sections at the beginning of subchapter V of chapter 16 of title 10, United States Code, is amended by striking the item relating to section 345 and inserting the following: 345. Irregular Warfare Security Cooperation. . (b) Plan for Irregular Warfare Center (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan for establishing the structure, operations, and administration of the Irregular Warfare Center described in section 345(a)(1) of title 10, United States Code. (2) Elements The plan required by paragraph (1) shall include— (A) a timeline and milestones for the establishment of the Irregular Warfare Center; and (B) steps to enter into partnerships and resource agreements with academic institutions of the Department of Defense or other academic institutions, including any agreement for hosting or operating the Irregular Warfare Center. (c) Sense of the Senate It is the sense of the Senate that a Center for Security Studies in Irregular Warfare established under section 345 of title 10, United States Code, should be known as the John S. McCain III Center for Security Studies in Irregular Warfare . 1206. Modification of authority for humanitarian demining assistance and stockpiled conventional munitions assistance (a) Expansion of authority Subsection (a)(1) of section 407 of title 10, United States Code, is amended— (1) in the matter preceding subparagraph (A)— (A) by striking carry out and inserting provide ; and (B) by striking in a country and inserting to a country ; and (2) in subparagraph (A), by striking in which the activities are to be carried out and inserting to which the assistance is to be provided . (b) Expenses Subsection (c) of such section is amended— (1) in paragraph (2), by adding at the end the following new subparagraph: (C) Travel, transportation, and subsistence expenses of foreign personnel to attend training provided by the Department of Defense under this section. ; and (2) in paragraph (3), by striking $15,000,000 and inserting $20,000,000 . (c) Annual report Subsection (d) of such section is amended— (1) in the matter preceding paragraph (1), by striking include in the annual report under section 401 of this title a separate discussion of and inserting submit to the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives a report on ; (2) in paragraph (1)— (A) by striking in which and inserting to which ; and (B) by striking carried out and inserting provided ; (3) in paragraph (2), by striking carried out in and inserting provided to ; (4) in paragraph (3)— (A) by striking in which and inserting to which ; and (B) by striking carried out and inserting provided ; and (5) in paragraph (4), by striking in carrying out such assistance in each such country and inserting in providing such assistance to each such country . 1207. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations (a) Extension Subsection (a) of section 1233 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 122 Stat. 393) is amended by striking beginning on October 1, 2021, and ending on December 31, 2022 and inserting beginning on October 1, 2022, and ending on December 31, 2023 . (b) Modification to limitation Subsection (d)(1) of such section is amended— (1) by striking beginning on October 1, 2021, and ending on December 31, 2022 and inserting beginning on October 1, 2022, and ending on December 31, 2023 ; and (2) by striking $60,000,000 and inserting $30,000,000 . 1208. Modifications to humanitarian assistance Section 2561 of title 10, United States Code, is amended to read as follows: 2561. Humanitarian assistance (a) Authorized assistance To the extent provided in defense authorization Acts, funds authorized to be appropriated to the Department of Defense for a fiscal year for humanitarian assistance shall be used for collaborative Department of Defense engagements with partner country government authorities in permissive environments to achieve the objectives of— (1) directly relieving or reducing human suffering, disease, hunger, or privation; and (2) increasing partner country capacity— (A) to provide essential human services to vulnerable populations; and (B) to address disaster risk reduction, mitigation, and preparedness. (b) Purposes The Secretary of Defense may use funds authorized under subsection (a) for the following purposes: (1) Procurement, transportation, and pre-positioning of supplies and equipment. (2) Small-scale construction and renovation of facilities and basic infrastructure. (3) Health-related projects and activities. (4) Any other activity the Secretary of Defense considers necessary to achieve the objectives described in subsection (a). (c) Availability of funds To the extent provided in appropriations Acts, funds appropriated for humanitarian assistance for purposes of this section shall remain available until expended. (d) Status reports (1) The Secretary of Defense shall submit to the appropriate committees of Congress an annual report on the provision of humanitarian assistance pursuant to this section for the prior fiscal year. The report shall be submitted each year at the time of the budget submission by the President for the next fiscal year. (2) Each report required by paragraph (1) shall cover all provisions of law that authorize appropriations for humanitarian assistance to be available from the Department of Defense for purposes of this section. (3) Each report under this subsection shall set forth the following information regarding activities during the preceding fiscal year: (A) The total amount of funds obligated for humanitarian assistance under this section. (B) A comprehensive list of funded humanitarian assistance efforts, disaggregated by foreign partner country, amount obligated, and purpose specified in subsection (b). (C) A description of the manner in which such expenditures address— (i) the humanitarian needs of the foreign partner country; and (ii) United States national security objectives. (D) A description of any transfer of excess nonlethal supplies of the Department of Defense made available for humanitarian relief purposes under section 2557 of this title. The description shall include the date of the transfer, the entity to whom the transfer is made, and the quantity of items transferred. (e) Notification In the case of activities under a program that results in the provision of small-scale construction under subsection (b)(2) costing more than $750,000, not later than 15 days before the commencement of such activities, the Secretary of Defense shall submit to the appropriate committees of Congress a notification that includes the location, project title, and cost of each small-scale construction project that will be carried out. (f) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and (B) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives. (2) Defense authorization Act The term defense authorization Act means an Act that authorizes appropriations for one or more fiscal years for military activities of the Department of Defense, including authorizations of appropriations for the activities described in paragraph (7) of section 114(a) of this title. . 1209. Defense Environmental International Cooperation Program (a) Establishment The Secretary of Defense, in coordination with the commanders of the geographic combatant commands, shall establish a program, to be known as the Defense Environmental International Cooperation Program , to support engagement with partner countries on defense-related environmental and operational energy issues in support of the theater campaign plans of the geographic combatant commands. (b) Objectives The Defense Environmental International Cooperation Program shall be carried out to achieve the following objectives: (1) To build military-to-military relationships in support of the Department of Defense’s efforts to engage in long-term strategic competition. (2) To sustain the mission capability and forward posture of the United States Armed Forces. (3) To enhance the capability, capacity, and resilience of the military forces of partner countries. (c) Funding Of amounts authorized to be appropriated for a fiscal year for the Department and available for operation and maintenance, the Secretary may make available $10,000,000 for purposes of supporting the Defense Environmental International Cooperation Program, consistent with the priorities of the commanders of the geographic combatant commands. (d) Annual report (1) In general Not later than March 1 each year, the Secretary shall submit to the congressional defense committees a report on obligations and expenditures made to carry out the Defense Environmental International Cooperation Program during the preceding fiscal year. (2) Elements Each report required by paragraph (1) shall include the following: (A) An accounting of each obligation and expenditure made to carry out the Defense Environmental International Cooperation Program, by partner country and military force. (B) An explanation of the manner in which each such obligation or expenditure supports the objectives described in subsection (b). (C) Any other matter the Secretary considers relevant. 1210. Security cooperation programs with foreign partners to advance women, peace, and security (a) In general The Secretary of Defense, in consultation with the Secretary of State, may, in fiscal years 2023 through 2025, conduct or support security cooperation programs and activities involving the national military or national-level security forces of a foreign country or other covered personnel to advise, train, and educate such forces or such other covered personnel with respect to— (1) the recruitment, employment, development, retention, promotion, and meaningful participation in decisionmaking of women; (2) sexual harassment, sexual assault, domestic abuse, and other forms of violence that disproportionately impact women; (3) the requirements of women, including providing appropriate equipment and facilities; and (4) the implementation of activities described in this subsection, including the integration of such activities into security-sector policy, planning, exercises, and trainings, as appropriate. (b) Annual report Not later than 90 days after the end of each of fiscal years 2023, 2024, and 2025, the Secretary of Defense shall submit to the congressional defense committees a report detailing the assistance provided under this section and the recipients of such assistance. (c) Other covered personnel defined In this section, the term other covered personnel means personnel of— (1) the ministry of defense, or a governmental entity with a similar function, of a foreign country; or (2) a regional organization with a security mission. 1211. Review of implementation of prohibition on use of funds for assistance to units of foreign security forces that have committed a gross violation of human rights (a) Sense of Congress It is the sense of Congress that the promotion of human rights is a critical element of Department of Defense security cooperation programs and activities that advance United States national security interests and values. (b) Review (1) In general Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the commanders of the geographic combatant commands, shall initiate a review of the policies, guidance, and processes for Department of Defense-wide implementation of section 362 of title 10, United States Code. (2) Elements The review required by paragraph (1) shall include an assessment of the following: (A) The standards and procedures by which the Secretary, before making a decision to provide assistance to a unit of a foreign security force under section 362 of title 10, United States Code, gives full consideration to credible information that the unit has committed a gross violation of human rights, including credible information available to the Department of State relating to human rights violations by such unit. (B) The roles and responsibilities of Department of Defense components in implementing such section, including the Under Secretary of Defense for Policy, the Deputy Assistant Secretary of Defense for Global Partnerships, the geographic combatant commands, and the Office of the General Counsel, and whether such components are adequately funded to carry out their respective roles and responsibilities. (C) The standards and procedures by which the Secretary implements the exception under subsection (b) of such section based on a determination that all necessary corrective steps have been taken. (D) The standards and procedures by which the Secretary exercises the waiver authority under subsection (c) of such section based on a determination that a waiver is required by extraordinary circumstances. (E) The policies, standards, and processes for the remediation of units of foreign security forces described in such section and resumption of assistance consistent with such section, and the effectiveness of such remediation process. (F) The process by which the Secretary determines whether a unit of a foreign security force designated to receive training, equipment, or other assistance under such section is new or fundamentally different from its predecessor for which there was determined to be credible information that the unit had committed a gross violation of human rights. (c) Reports (1) Findings of review Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the findings of the review conducted under subsection (b) that includes any recommendations or corrective actions necessary with respect to the policies, guidance, and processes for Department of Defense-wide implementation of section 362 of title 10, United States Code. (2) Remediation process (A) In general Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter through fiscal year 2025, the Secretary shall submit to the appropriate committees of Congress a report on the remediation process under section 362 of title 10, United States Code, and resumption of assistance consistent with such section. (B) Elements Each report required by subparagraph (A) shall include the following: (i) An identification of the units of foreign security forces that currently have been determined under section 362 of title 10, United States Code, to be ineligible to receive Department of Defense training, equipment, or other assistance. (ii) With respect to each unit identified under clause (i), the date on which such determination was made. (iii) The number of requests submitted by geographic combatant commands for review by a remediation review panel with respect to resumption of assistance to a unit of a foreign security force that has been denied assistance under such section, disaggregated by geographic combatant command. (iv) For the preceding reporting period, the number of — (I) remediation review panels convened; and (II) cases resolved. (C) Appropriate committees of Congress defined In this paragraph, the term appropriate committees of Congress means— (i) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (ii) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. 1212. Independent assessment of United States efforts to train, advise, assist, and equip the military forces of Somalia (a) In general The Secretary of Defense shall provide for an independent assessment of Department of Defense efforts to train, advise, assist, and equip the military forces of Somalia. (b) Conduct of assessment To conduct the assessment required by subsection (a), the Secretary shall select— (1) a federally funded research and development center; or (2) an independent, nongovernmental institute described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code that has recognized credentials and expertise in national security and military affairs appropriate for the assessment. (c) Elements The assessment required by subsection (a) shall include an assessment of the following: (1) The evolution of United States approaches to training, advising, assisting, and equipping the military forces of Somalia. (2) The extent to which— (A) the Department has an established plan, with objectives and milestones, for the effort to train, advise, assist, and equip such forces; (B) advisory efforts are meeting objectives, including whether and the manner in which— (i) advisors track the operational effectiveness of such forces; and (ii) any such data informs future training and advisory efforts; (C) the Department sufficiently engages, collaborates, and deconflicts with— (i) other Federal departments and agencies that conduct assistance and advisory engagements with such forces; and (ii) international and multilateral entities that conduct assistance and advisory engagements with such forces; and (D) the Department has established and enforced a policy, processes, and procedures for accountability relating to equipment provided by the United States to such forces. (3) Factors that have hindered, or may in the future hinder, the development of professional, sustainable, and capable such forces. (4) With respect to the effort to train, advise, assist, and equip such forces, the extent to which the December 2020 decision to reduce and reposition outside Somalia the majority of the members of the United States Armed Forces assigned to carry out the effort has impacted the effectiveness of the effort. (d) Report Not later than one year after the date of the enactment of this Act, the entity selected to conduct the assessment required by subsection (a) shall submit to the Secretary and the congressional defense committees a report containing the findings of the assessment. (e) Funding Of the amounts authorized to be appropriated for fiscal year 2023 and available for operation and maintenance for Defense-wide activities, up to $1,000,000 shall be made available for the assessment required by subsection (a). 1213. Assessment and report on adequacy of authorities to provide assistance to military and security forces in area of responsibility of United States Africa Command (a) Assessment (1) In general The Secretary of Defense, in consultation with the Commander of the United States Africa Command, shall conduct an assessment of the adequacy of authorities available to the Secretary for the purpose of providing support, including training, equipment, supplies and services, facility and infrastructure repair and renovation, and sustainment, to military and other security forces of governments in the area of responsibility of the United States Africa Command that are actively engaged in defending their territory and people from the threat posed by ISIS and al-Qaeda. (2) Element The assessment required by paragraph (1) shall identify any gaps in existing authorities and associated resourcing that would inhibit the ability of the Secretary to support the United States Africa Command theater campaign plan objectives. (b) Report Not later than December 31, 2022, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the findings of the assessment required by subsection (a). B Matters relating to Syria, Iraq, and Iran 1221. Extension of authority to provide assistance to vetted Syrian groups and individuals (a) Extension Subsection (a) of section 1209 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 128 Stat. 3541) is amended, in the matter preceding paragraph (1), by striking December 31, 2022 and inserting December 31, 2023 . (b) Limitation on cost of construction and repair projects Subsection (l)(3)(D) of such section is amended by striking December 31, 2022 and inserting December 31, 2023 . 1222. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq (a) Limitation on amount Subsection (c) of section 1215 of the National Defense Authorization Act for Fiscal Year 2012 ( 10 U.S.C. 113 note)) is amended— (1) by striking fiscal year 2022 and inserting fiscal year 2023 ; and (2) by striking $25,000,000 and inserting $20,000,000 . (b) Source of funds Subsection (d) of such section is amended by striking fiscal year 2022 and inserting fiscal year 2023 . 1223. Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria (a) In general Subsection (a) of section 1236 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 128 Stat. 3558) is amended, in the matter preceding paragraph (1), by striking December 31, 2022 and inserting December 31, 2023 . (b) Funding Subsection (g) of such section is amended— (1) by striking fiscal year 2022 and inserting “fiscal year 2023”; and (2) by striking $345,000,000 and inserting $358,000,000 . (c) Limitation on cost of construction and repair projects Subsection (o)(5) of such section is amended by striking December 31, 2022 and inserting December 31, 2023 . 1224. Assessment of support to Iraqi Security Forces and Kurdish Peshmerga Forces to counter air and missile threats (a) In general Not later than April 1, 2023, the Secretary of Defense shall submit to the congressional defense committees a report on support to Iraqi Security Forces and Kurdish Peshmerga Forces to counter air and missile threats. (b) Contents The report submitted under subsection (a) shall include the following: (1) An assessment of the threat from missiles, rockets, and unmanned aerial systems (UAS) to United States and coalition armed forces located in Iraq, including the Iraqi Kurdistan Region. (2) An assessment of the current state of air defense capabilities of United States and coalition armed forces located in Iraq, including the Iraqi Kurdistan Region. (3) Identification of perceived gaps in air defense capabilities of United States and coalition armed forces and the implications for the security of such forces in Iraq, including the Iraqi Kurdistan Region. (4) Recommendations for training or equipment needed to overcome the assessed air defense deficiencies of United States and coalition armed forces in Iraq, including the Iraqi Kurdistan Region. (5) An assessment of the current state of the air defense capabilities of partner armed forces in Iraq, including the Iraqi Security Forces and Kurdish Peshmerga Forces. (6) An assessment of the perceived gaps in air defense capabilities of partner armed forces in Iraq, including the Iraqi Security Forces and Kurdish Peshmerga Forces. (7) An assessment of recommended training and equipment and available level of equipment to maximize air defense capabilities of partner armed forces in Iraq, including the Iraqi Security Forces and Kurdish Peshmerga Forces. (8) Such other matters as the Secretary considers appropriate. 1225. Updates to annual report on military power of Iran (a) In general Section 1245(b)(3) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ) is amended— (1) in subparagraph (B), by striking and the Special Groups in Iraq, and inserting Houthis, and the Special Groups in Iraq, including Kata'ib Hezbollah and Asa'ib Ahl al-Haq, ; (2) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; (3) by inserting after subparagraph (B) the following: (C) the threat from Special Groups in Iraq, including Kata'ib Hezbollah and Asa'ib Ahl al-Haq, to United States and coalition forces located in Iraq and Syria. ; and (4) in subparagraph (D), as redesignated, by striking and at the end; (5) in subparagraph (E), as redesignated, by striking the period at the end and inserting ; and ; and (6) by adding at the end the following: (F) all formal or informal agreements involving a strategic military or security partnership with the Russian Federation, the People's Republic of China, or any proxies of either such country. . C Matters relating to Europe and the Russian Federation 1231. Modification of limitation on military cooperation between the United States and the Russian Federation Section 1232 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2488) is amended— (1) in subsection (a), in the matter preceding paragraph (1)— (A) by striking for fiscal year 2017, 2018, 2019, 2020, 2021, or 2022 and inserting for any fiscal year ; and (B) by striking in the fiscal year concerned ; and (2) in subsection (c), in the matter preceding paragraph (1), by striking with respect to funds for a fiscal year . 1232. Extension of prohibition on availability of funds relating to sovereignty of the Russian Federation over Crimea Section 1234(a) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 1974) is amended by striking None of the funds and all that follows through 2022 and inserting None of the funds authorized to be appropriated for fiscal year 2022 or 2023 . 1233. Extension and modification of Ukraine Security Assistance Initiative (a) Authority To provide assistance Subsection (a) of section 1250 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 129 Stat. 1608) is amended to read as follows: (a) Authority To provide assistance (1) In general Amounts available for a fiscal year under subsection (f) shall be available to the Secretary of Defense, with the concurrence of the Secretary of State, to provide, for the purposes described in paragraph (2), appropriate security assistance and intelligence support, including training, equipment, logistics support, supplies and services, salaries and stipends, and sustainment to— (A) the military and national security forces of Ukraine; and (B) other forces or groups recognized by, and under the authority of, the Government of Ukraine, including governmental entities within Ukraine, that are engaged in resisting Russian aggression. (2) Purposes described The purposes described in this paragraph are as follows: (A) To enhance the capabilities of the military and other security forces of the Government of Ukraine to defend against further aggression. (B) To assist Ukraine in developing the combat capability to defend its sovereignty and territorial integrity. (C) To replace, from the inventory of the United States, weapons and articles provided to the Government of Ukraine. (D) To recover or dispose of equipment procured using funds made available under this section. . (b) United States inventory and other sources Subsection (d) of such section is amended by adding at the end the following new paragraph: (3) Acceptance of returned equipment (A) In general The Secretary of Defense may accept equipment procured under the authority of this section that was transferred to the military or national security forces of Ukraine or to other assisted entities and has been returned by such forces to the United States. (B) Treatment as stocks of the Department Equipment procured under the authority of this section that has not been transferred to the military or national security forces of Ukraine or to other assisted entities, or that has been returned by such forces or other assisted entities to the United States, may, upon written notification by the Secretary of Defense to the congressional defense committees, be treated as stocks of the Department. . (c) Funding Subsection (f) of such section is amended by adding at the end the following new paragraph: (8) For fiscal year 2023, $800,000,000. . (d) Notice to Congress; reports Such section is further amended— (1) by striking the second subsection (g); (2) by redesignating the first subsection (g) (as added by section 1237(d) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2496)) and subsection (h) as subsections (i) and (j), respectively; and (3) by inserting after subsection (f) the following new subsections (g) and (h): (g) Notice to Congress (1) In general Not less than 15 days before providing assistance or support under this section (or if the Secretary of Defense determines, on a case-by-case basis, that extraordinary circumstances exist that impact the national security of the United States, as far in advance as is practicable), the Secretary of Defense shall submit to the congressional defense committees a written notification of the details of such assistance or support. (2) Support to other forces or groups Not less than 15 days before providing assistance or support under this section to other forces or groups described in subsection (a)(1)(B) (or if the Secretary of Defense determines, on a case-by-case basis, that extraordinary circumstances exist that impact the national security of the United States, as far in advance as is practicable but not later than 48 hours in advance) the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written notification detailing the intended recipient forces or groups, the command and control relationship that each such entity has with the Government of Ukraine, and the assistance or support to be provided. (h) Quarterly reports Not less frequently than quarterly, the Secretary of Defense shall submit to the congressional defense committees a report on the use of the authority under this section. . (e) Termination of authority Subsection (i) of such subsection, as redesignated, is amended by striking December 31, 2024 and inserting December 31, 2025 . 1234. North Atlantic Treaty Organization Special Operations Headquarters (a) In general Subchapter II of chapter 138 of title 10, United States Code, is amended by adding at the end the following new section 2350r: 2350r. North Atlantic Treaty Organization Special Operations Headquarters (a) Authorization Of the amounts authorized to be appropriated for each fiscal year for operation and maintenance for the Army, to be derived from amounts made available for support of North Atlantic Treaty Organization (referred to in this section as NATO ) operations, the Secretary of Defense is authorized to use up to $50,000,000 for each such fiscal year for the purposes set forth in subsection (b). (b) Purposes The Secretary shall provide funds for the NATO Special Operations Headquarters— (1) to improve coordination and cooperation between the special operations forces of NATO nations and nations approved by the North Atlantic Council as NATO partner nations; (2) to facilitate joint operations by the special operations forces of NATO nations and such NATO partner nations; (3) to support special operations forces peculiar command, control, and communications capabilities; (4) to promote special operations forces intelligence and informational requirements within the NATO structure; and (5) to promote interoperability through the development of common equipment standards, tactics, techniques, and procedures, and through execution of a multinational education and training program. . (b) Clerical amendment The table of sections at the beginning of subchapter II of chapter 138 of title 10, United States Code, is amended by adding at the end the following new item: 2350r. North Atlantic Treaty Organization Special Operations Headquarters. . (c) Repeal Section 1244 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2541) is repealed. 1235. Report on United States military force posture and resourcing requirements in Europe (a) In general Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing an assessment of the United States military force posture requirements for the United States European Command to support the following objectives: (1) Implementation of the National Defense Strategy with respect to the area of responsibility of the United States European Command. (2) Fulfillment of the commitments of the United States to NATO operations, missions, and activities, as modified and agreed upon at the 2022 Madrid Summit. (3) Reduction of the risk of executing the contingency plans of the Department of Defense. (b) Elements The report required by subsection (a) shall include the following: (1) For each military service and warfighting domain, a description of the force structure and posture of assigned and allocated forces in Europe, including consideration of the balance of permanently stationed forces and forces rotating from the United States, to support the objectives described in subsection (a). (2) An assessment of the military training and all domain exercises to support such objectives, including— (A) training and exercises on interoperability; and (B) joint activities with allies and partners. (3) An assessment of logistics requirements, including personnel, equipment, supplies, pre-positioned storage, host country support and agreements, and maintenance needs, to support such objectives. (4) An identification of required infrastructure, facilities, and military construction investments to support such objectives. (5) A description of the requirements for United States European Command integrated air and missile defense throughout the area of responsibility of the United States European Command. (6) An assessment of United States security cooperation activities and resources required to support such objectives. (7) A detailed assessment of the resources necessary to address the elements described in paragraphs (1) through (6), categorized by the budget accounts for— (A) procurement; (B) research, development, test, and evaluation; (C) operation and maintenance; (D) military personnel; and (E) military construction. (8) The projected timeline to achieve fulfillment of each such element. (9) Any other information the Secretary considers relevant. (c) Form The report required by subsection (a) may be submitted in classified form but shall include an unclassified summary. 1236. Sense of the Senate and report on civilian harm (a) Sense of the Senate It is the sense of the Senate that— (1) the members of the Armed Forces of the United States— (A) uphold the highest standards of professionalism during the conduct of effective, efficient, and decisive military operations around the world in defense of the people of the United States; and (B) go to great lengths to minimize civilian harm during the conduct of military operations; and (2) the Russian Federation has demonstrated a complete disregard for the safety of civilians during its unlawful and unprovoked invasion of Ukraine, which has involved indiscriminate bombing of civilian areas and executions of noncombatants. (b) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report detailing the atrocities committed by the Russian Federation against civilians in Ukraine since February 24, 2022. (2) Form The report required by paragraph (1) shall be submitted in unclassified form. 1237. Sense of the Senate on the North Atlantic Treaty Organization It is the sense of the Senate that— (1) the success of the North Atlantic Treaty Organization (NATO) is critical to advancing United States national security objectives in Europe and around the world; (2) NATO remains the strongest and most successful military alliance in the world, founded on a commitment by its members to uphold the principles of democracy, individual liberty, and the rule of law; (3) the contributions of NATO to the collective defense are indispensable to the security, prosperity, and freedom of its members; (4) the United States reaffirms its ironclad commitment— (A) to NATO as the foundation of transatlantic security; and (B) to upholding the obligations of the United States under the North Atlantic Treaty, done at Washington, DC, April 4, 1949, including Article 5 of the Treaty; (5) the 2022 National Defense Strategy correctly highlights the criticality of alliances and partnerships, stating that [m]utually-beneficial alliances and partnerships are an enduring strength for the United States, and are critical to achieving our objectives, as the unified response to Russia’s further invasion of Ukraine has demonstrated ; (6) the Russian Federation's premeditated and unprovoked invasion of Ukraine poses the most direct threat to security and stability in Europe since the end of World War II and requires the full attention of the NATO alliance; (7) the unprovoked and illegal war conducted by the Russian Federation against Ukraine has fundamentally altered the concept of transatlantic security and requires— (A) a reinvigorated commitment to the shared principles of the NATO alliance; and (B) a commensurate response to deter further revanchism by the Russian Federation in the Euro-Atlantic region; (8) as NATO refocuses its deterrence and defense posture to respond to the Russian Federation's escalatory actions, allies must simultaneously address threats posed across all domains and all areas of the Euro-Atlantic region, including— (A) threats posed by predatory investments and influence operations carried out by the People's Republic of China; (B) border disruptions emanating from Belarus; and (C) the persistent threat of violent extremist organizations; (9) to respond to aggression by the Russian Federation and address other threats, the NATO alliance should— (A) assess opportunities to further bolster the NATO enhanced Forward Presence and enhanced Vigilance Activity battlegroups; (B) focus efforts on burden sharing agreements made in the Wales Pledge, capability targets, contributions to NATO missions and operations, and resilience commitments; (C) consider force posture adjustments to address emerging security concerns highlighted by the Russian Federation's invasion of Ukraine; (D) explore additional opportunities to strengthen cooperation with non-NATO countries to counter malign activities carried out by the Russian Federation; (E) continue efforts to identify, coordinate, and deliver humanitarian aid and security assistance to Ukraine; (F) intensify efforts to work with NATO allies to establish and enhance rapid and assured movement of military forces throughout the North Atlantic region and across the continent of Europe on land, on and under the sea, and in the air, including through increased investment, coordination, and standardization intended to identify and reduce obstacles to the movement of United States and allied military forces in a time of crisis or conflict; (G) reaffirm the open-door policy of NATO to allow any European country to apply for membership and be considered on its merits for admission, including— (i) aspirants such as Ukraine, Georgia, and Bosnia and Herzegovina; and (ii) Finland and Sweden, which in the wake of the Russian Federation's invasion of Ukraine, have sought NATO membership to further bolster their own security and the security of the Euro-Atlantic region; and (H) continue efforts to evaluate whether the NATO alliance is sufficiently funded and resourced to carry out its objectives; (10) the United States and fellow NATO allies should continue long-term efforts— (A) to improve interoperability among the military forces of NATO allies and non-NATO allies so as to enhance effective and efficient collective operations, including by the divestment of Soviet-era platforms; (B) to strive for continued progress on key initiatives set forth in recent NATO summits, including readiness, military mobility, multi-domain operations, and resilience; (C) to enhance security sector cooperation and explore opportunities to reinforce civil sector preparedness and resilience measures, which may be likely targets of malign influence and hybrid campaigns; (D) to mitigate the impact of hybrid warfare operations, particularly such operations in the information and cyber domains; (E) to expand joint research and development initiatives, with a focus on emerging technologies such as quantum computing, artificial intelligence, and machine learning; (F) to enhance interoperability, build institutional capacity, and strengthen the collective ability of NATO allies to resist malign influence from the Russian Federation and the People's Republic of China; and (G) to coordinate and de-conflict security efforts and the dedication of resources with the European Union— (i) to ensure the fulfilment of European Union and NATO common interests and objectives; and (ii) to minimize unnecessary overlaps; (11) the European Deterrence Initiative remains critically important, including for purposes of strengthening allied and partner capability and power projection along the eastern flank of NATO, and has demonstrated its unique value during the current Russian Federation attack on Ukraine; (12) NATO should maintain cooperation on COVID–19 pandemic response efforts and expand cooperation for future pandemic and disaster preparedness; (13) the policy of the United States should be to work with NATO and other allies and partners to build permanent mechanisms to strengthen supply chains, enhance supply chain security, fill supply chain gaps, and maintain commitments made at the June 2020 NATO Defense Ministerial, particularly with respect to pandemic response preparations; (14) the United States and NATO should expand cooperation efforts on cybersecurity issues to prevent adversaries and criminals from compromising critical systems and infrastructure; and (15) the adoption by NATO of a robust strategy toward the Black Sea is in the interest of the United States, and the United States should consider collaborating with interested allies and partner countries to advance a coordinated strategy that includes diverse elements of the transatlantic security architecture. 1238. Sense of the Senate on Ukraine It is the sense of the Senate that— (1) the United States stands with the people of Ukraine as they defend their freedom and sovereignty and the pursuit of further Euro-Atlantic integration; (2) the Russian Federation’s premeditated and unprovoked invasion of Ukraine— (A) willfully violates the territorial sovereignty of Ukraine and the democratic aspirations of the people of Ukraine; and (B) presents the gravest threat to transatlantic security since World War II; (3) the Russian Federation continues to commit heinous acts against Ukrainian civilians and members of the military forces of Ukraine; (4) the Russian Federation has no right or authority to veto Ukraine’s pursuit of membership in the North Atlantic Treaty Organization (NATO), or the determination of any country to make its own decision to pursue such membership in accordance with NATO’s open door policy; (5) the United States, fellow NATO allies and partners, and the international community have— (A) rallied support and coordinated assistance for Ukraine; (B) bolstered NATO presence and engagement along NATO’s eastern flank; and (C) imposed a severe and far-reaching set of economic measures to respond to the Russia Federation’s violation of the sovereignty and territorial integrity of Ukraine; and (6) the United States should— (A) continue to work closely with NATO allies and non-NATO allies and partners to support the ability of Ukraine to repel and rebuild from the Russian Federation’s invasion, including by— (i) continuing to provide the Government of Ukraine with targeted security, intelligence, and humanitarian assistance to strengthen the defenses of Ukraine and mitigate suffering wrought by the Russian Federation's brutality, consistent with the security interests of the United States; (ii) coordinating sanctions, export restrictions, and other economic penalties against the Russian Federation and any country that enables the Russian Federation’s invasion of Ukraine; and (iii) supporting efforts to enhance the cybersecurity capabilities of Ukraine; (B) consider whether further adjustments to United States strategy or military force posture within the area of responsibility of the United States European Command are necessitated by the upheaval of the security environment caused by the Russian Federation; (C) explore opportunities to further strengthen partnerships with non-NATO partners in Europe; (D) continue to support— (i) efforts to counter disinformation; and (ii) free media sources such as Voice of America and Radio Free Europe/Radio Liberty; and (E) support energy diversification efforts across the Euro-Atlantic region to reduce the dependency on energy from the Russian Federation. D Matters relating to the Indo-Pacific region 1241. Extension and modification of Pacific Deterrence Initiative (a) Extension Subsection (c) of section 1251 of the National Defense Authorization Act for Fiscal Year 2021 ( 10 U.S.C. 113 note) is amended— (1) by striking the National Defense Authorization Act for Fiscal Year 2022 and inserting the National Defense Authorization Act for Fiscal Year 2023 ; and (2) by striking fiscal year 2022 and inserting fiscal year 2023 . (b) Report on resourcing United States defense requirements for the Indo-Pacific region and study on competitive strategies Subsection (d)(1) of such section is amended— (1) in subparagraph (A), by striking fiscal years 2023 and 2024 and inserting fiscal years 2024 and 2025 ; and (2) in subparagraph (B)— (A) in clause (vi)(I)(aa)— (i) in subitem (AA), by striking to modernize and strengthen the and inserting to improve the posture and ; and (ii) in subitem (FF)— (I) by striking to improve and inserting to modernize and improve ; (II) by striking the semicolon and inserting ; and ; and (B) by adding at the end the following new clause: (vii) A budget display that compares the independent assessment of the Commander of the United States Pacific Command with the amounts contained in the budget display for the applicable fiscal year under subsection (f). . 1242. Extension of authority to transfer funds for Bien Hoa dioxin cleanup Section 1253(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 3955) is amended by striking fiscal year 2022 and inserting fiscal year 2023 . 1243. Modification of Indo-Pacific Maritime Security Initiative to authorize use of funds for the Coast Guard Section 1263 of the National Defense Authorization Act for Fiscal Year 2016 ( 10 U.S.C. 333 note) is amended by striking subsection (f) and inserting the following new subsection (f): (f) Availability of funds for Coast Guard personnel and capabilities The Secretary of Defense may use funds made available under this section to facilitate the participation of Coast Guard personnel in, and the use of Coast Guard capabilities for, trainings, exercises, and other activities with foreign partners under this section. . 1244. Defense of Taiwan (a) Definitions In this section: (1) Deny The term deny means to use combined joint operations to delay, degrade, and ultimately defeat an attempt by the People’s Republic of China to execute a fait accompli against Taiwan, resulting in— (A) the termination of hostilities or at least the attempted fait accompli; or (B) the neutralization of the ability of the People’s Republic of China to execute a fait accompli against Taiwan. (2) Fait accompli The term fait accompli refers to the strategy of the People’s Republic of China for invading and seizing control of Taiwan before the United States Armed Forces can respond effectively, while simultaneously deterring an effective combined joint response by the United States Armed Forces by convincing the United States that mounting such a response would be prohibitively difficult or costly. (b) Statement of policy Consistent with the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq. ), it shall be the policy of the United States to maintain the ability of the United States Armed Forces to deny a fait accompli against Taiwan in order to deter the People’s Republic of China from using military force to unilaterally change the status quo with Taiwan. 1245. Multi-year plan to fulfill defensive requirements of military forces of Taiwan and modification of annual report on Taiwan asymmetric capabilities and intelligence support (a) Multi-year plan Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State and the American Institute in Taiwan, shall seek to engage with appropriate officials of Taiwan to develop and implement a multi-year plan to provide for the acquisition of appropriate defensive capabilities by Taiwan and to engage with Taiwan in a series of combined trainings, exercises, and planning activities, consistent with the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq. ). (b) Elements The plan required by subsection (a) shall include the following: (1) An identification of the defensive capability gaps and capacity shortfalls of Taiwan. (2) An assessment of the relative priority assigned by appropriate officials of Taiwan to address such capability gaps and capacity shortfalls. (3) An explanation of the annual resources committed by Taiwan to address such capability gaps and capacity shortfalls. (4) An assessment of— (A) the defensive capability gaps and capacity shortfalls that could be addressed in a sufficient and timely manner by unilateral efforts of Taiwan; and (B) the defensive capability gaps and capacity shortfalls that are unlikely to be addressed in a sufficient and timely manner solely through unilateral efforts. (5) An assessment of the capability gaps and capacity shortfalls described in paragraph (4)(B) that could be addressed in a sufficient and timely manner by— (A) Department of Defense security assistance authorized by chapter 16 of title 10, United States Code; (B) the Foreign Military Financing and Foreign Military Sales programs of the Department of State; (C) the provision of excess defense articles pursuant to the requirements of the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ); (D) section 614(a)(1) of the Foreign Assistance Act of 1961; or (E) any other authority available to the Secretary of Defense or the Secretary of State. (6) An identification of opportunities to build interoperability, combined readiness, joint planning capability, and share situational awareness among the United States, Taiwan, and other foreign partners and allies, as appropriate, through combined trainings, exercises, and planning activities, including— (A) table-top exercises and wargames that allow operational commands to improve joint and combined war planning for contingencies involving a well-equipped adversary in a counter-intervention campaign; (B) joint and combined exercises that test the feasibility of counter-intervention strategies, develop interoperability across services, and develop the lethality and survivability of combined forces against a well-equipped adversary; (C) logistics exercises that test the feasibility of expeditionary logistics in an extended campaign with a well-equipped adversary; (D) service-to-service exercise programs that build functional mission skills for addressing challenges posed by a well-equipped adversary in a counter-intervention campaign; and (E) any other combined training, exercise, or planning activity with the military forces of Taiwan that the Secretary of Defense considers relevant. (c) Modification of annual report Section 1248 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 1988) is amended— (1) in subsection (a)— (A) by striking paragraph (7); (B) by redesignating paragraph (6) as paragraph (7); (C) by inserting after paragraph (5) the following new paragraph (6): (6) With respect to capabilities and capacities the Secretary of Defense assesses to be most effective in deterring, defeating, or delaying military aggression by the People's Republic of China, a prioritized list of capability gaps and capacity shortfalls of the military forces of Taiwan, including— (A) an identification of— (i) any United States, Taiwan, or ally or partner country defense production timeline challenge related to potential materiel solutions to such capability gaps; (ii) the associated investment costs of enabling expanded production for items currently at maximum production; (iii) the associated investment costs of, or mitigation strategies for, enabling export for items currently not exportable; and (iv) existing stocks of such capabilities in the United States and ally and partner countries; (B) the feasibility and advisability of procuring solutions to such gaps and shortfalls through United States allies and partners, including through co-development or co-production; (C) the feasibility and advisability of assisting Taiwan in the domestic production of solutions to capability gaps, including through— (i) the transfer of intellectual property; and (ii) co-development or co-production arrangements; (D) the estimated costs, expressed in a range of options, of procuring sufficient capabilities and capacities to address such gaps and shortfalls; (E) an assessment of the relative priority assigned by appropriate officials of Taiwan to each such gap and shortfall; and (F) a detailed explanation of the extent to which Taiwan is prioritizing the development, production, or fielding of solutions to such gaps and shortfalls within its overall defense budget. ; (D) by redesignating paragraph (11) as paragraph (15); and (E) by inserting after paragraph (10) the following new paragraphs: (11) An assessment of the implications of current levels of pre-positioned war reserve materiel on the ability of the United States to respond to a crisis or conflict involving Taiwan with respect to— (A) providing military or non-military aid to the Government of Taiwan; and (B) sustaining military installations and other infrastructure of the United States in the Indo-Pacific region. (12) An evaluation of the feasibility and advisability of establishing war reserve stockpiles for allies and pre-positioned facilities in Taiwan. (13) An assessment of the current intelligence, surveillance, and reconnaissance capabilities of Taiwan, including any existing gaps in such capabilities and investments in such capabilities by Taiwan since the preceding report. (14) A summary of changes to pre-positioned war reserve materiel of the United States in the Indo-Pacific region since the preceding report. ; (2) in subsection (b)— (A) in the subsection heading, by striking Plan and inserting Plans ; (B) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and moving such subparagraphs 2 ems to the right; (C) in the matter preceding subparagraph (A), as so redesignated, by striking The Secretary and inserting the following: (1) Assistance to improve Taiwan's defensive asymmetric capabilities The Secretary ; and (D) by adding at the end the following new paragraph: (2) Expedited military assistance (A) In general The Secretary of Defense, in coordination with the heads of other relevant Federal departments and agencies, shall develop options for the United States to use, to the maximum extent practicable, existing authorities or programs to expedite military assistance to Taiwan in the event of a crisis or conflict. (B) Elements The plan required by subparagraph (A) shall include the following: (i) A list of defense articles of the United States that may be transferred to Taiwan during a crisis or conflict. (ii) A list of authorities that may be used to provide expedited military assistance to Taiwan during a crisis or conflict. (iii) An assessment of methods that could be used to deliver such assistance to Taiwan during a crisis or conflict, including— (I) the feasibility of employing such methods in different scenarios; and (II) recommendations for improving the ability of the Armed Forces to deliver such assistance to Taiwan. (iv) An assessment of any challenges in providing such assistance to Taiwan in the event of a crisis or conflict and recommendations for addressing such challenges. ; (3) in subsection (c)— (A) in paragraph (1), by striking ; and and inserting a semicolon; (B) by amending paragraph (2) to read as follows: (2) the plans required by subsection (b), and any updates to such plans, as determined by the Secretary of Defense; and ; and (C) by adding at the end the following new paragraph: (3) a report on— (A) the status of efforts to develop and implement a joint multi-year plan to provide for the acquisition of appropriate defensive capabilities by Taiwan and to engage with Taiwan in a series of combined trainings, exercises, and planning activities consistent with the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq. ); and (B) any other matter the Secretary considers necessary. ; and (4) in subsection (d), by striking report and inserting reports . 1246. Enhancing major defense partnership with India (a) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall direct appropriate personnel within the Department of Defense to seek to engage their counterparts within the Ministry of Defence of India for the purpose of expanding cooperation on emerging technologies, readiness, and logistics. (b) Topics At a minimum, the personnel described in subsection (a) shall seek to engage their counterparts in the Ministry of Defense of India on the following topics: (1) Intelligence collection capabilities. (2) Unmanned aerial vehicles. (3) Fourth and fifth generation aircraft. (4) Depot-level maintenance. (5) Joint research and development. (6) 5G and Open Radio Access Network technologies. (7) Cyber. (8) Cold-weather capabilities. (9) Any other matter the Secretary considers relevant. (c) Briefing Not later than 180 days after the date of the enactment of this Act, the Secretary shall provide a briefing to the appropriate committees of Congress that includes— (1) an assessment of the feasibility and advisability of expanding cooperation with the Ministry of Defence of India on the topics described in subsection (b); (2) a description of other opportunities to expand cooperation with the Ministry of Defence of India on topics other than the topics described in such subsection; (3) a description of any challenges, including agreements, authorities, and resourcing, that need to be addressed so as to expand cooperation with the Ministry of Defence of India on the topics described in such subsection; (4) an articulation of security considerations to ensure the protection of research and development, intellectual property, and United States-provided equipment from being stolen or exploited by adversaries; (5) an identification of opportunities for academia and private industry to participate in expanded cooperation with the Ministry of Defence of India; and (6) any other matter the Secretary considers relevant. (d) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress means— (1) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and (2) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives. 1247. Enhanced indications and warning for deterrence and dissuasion (a) Establishment of Program for Enhanced Indications and Warning (1) In general The Director of the Defense Intelligence Agency shall establish a program to increase warning time of potential aggression by adversary nation states, focusing especially on the United States Indo-Pacific Command and United States European Command areas of operations. (2) Designation The program established under paragraph (1) shall be known as the Program for Enhanced Indications and Warning (in this section the Program ). (3) Purpose The purpose of the Program is to gain increased warning time to provide time for the Department to mount deterrence and dissuasion actions to persuade adversaries to refrain from aggression, including through potential revelations or demonstrations of capabilities and actions to create doubt in the minds of adversary leaders regarding the prospects for military success. (b) Head of Program (1) In general The Director shall appoint a defense intelligence officer to serve as the mission manager for the Program. (2) Designation The mission manager for the Program shall be known as the Program Manager for Enhanced Indications and Warning (in this section the Program Manager ). (c) Sources of information and analysis The Program Manager shall ensure that the Program makes use of all available sources of information, from public, commercial, and classified sources across the intelligence community and the Department of Defense, as well as advanced analytics, including artificial intelligence, to establish a system capable of discerning deviations from normal patterns of behavior and activity that may indicate preparations for military actions. (d) Integration with other programs (1) Support The Program shall be supported by the Chief Digital and Artificial Intelligence Officer, the Maven project, by capabilities sponsored by the Office of the Under Secretary of Defense for Intelligence and Security, and programs already underway within the Defense Intelligence Agency. (2) Agreements The Director shall seek to engage in agreements to integrate information and capabilities from other components of the intelligence community to facilitate the purpose of the Program. (e) Briefings Not later than 180 days after the date of the enactment of this Act and not less frequently than once each year thereafter through 2027, the Program Manager shall provide the appropriate committees of Congress a briefing on the status of the activities of the Program. (f) Definitions In this section: (1) The term appropriate committees of Congress means— (A) the congressional defense committees; and (B) the congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )). (2) The term intelligence community has the meaning given such term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). 1248. Pilot program to develop young civilian defense leaders in the Indo-Pacific region (a) In general The Secretary of Defense may establish, using existing authorities of the Department of Defense, a pilot program to enhance engagement of the Department with young civilian defense and security leaders in the Indo-Pacific region. (b) Purposes The activities of the pilot program under subsection (a) shall include training of, and engagement with, young civilian leaders from foreign partner ministries of defense and other appropriate ministries with a national defense mission in the Indo-Pacific region for purposes of— (1) enhancing bilateral and multilateral cooperation between— (A) civilian leaders in the Department; and (B) civilian leaders in foreign partner ministries of defense; and (2) building the capacity of young civilian leaders in foreign partner ministries of defense to promote civilian control of the military, respect for human rights, and adherence to the law of armed conflict. (c) Priority In carrying out the pilot program under subsection (a), the Secretary of Defense shall prioritize engagement with civilian defense leaders from foreign partner ministries of defense who are 40 years of age or younger. (d) Briefings (1) Design of pilot program Not later than June 1, 2023, the Secretary of Defense, in consultation with the Secretary of State, shall provide a briefing to the appropriate committees of Congress on the design of the pilot program under subsection (a). (2) Progress briefing Not later than December 31, 2023, and annually thereafter until the date on which the pilot program terminates under subsection (e), the Secretary of Defense, in consultation with the Secretary of State, shall provide a briefing to the appropriate committees of Congress on the pilot program that includes— (A) a description of the activities conducted and the results of such activities; (B) an identification of existing authorities used to carry out the pilot program; (C) any recommendations related to new authorities or modifications to existing authorities necessary to more effectively achieve the objectives of the pilot program; and (D) any other matter the Secretary of Defense considers relevant. (e) Termination The pilot program under subsection (a) shall terminate on December 31, 2026. (f) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress means— (1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and (2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives. 1249. Cross-functional team for matters relating to the People's Republic of China (a) Establishment Using the authority provided pursuant to section 911(c) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 111 note), the Secretary of Defense shall establish a cross-functional team— (1) to integrate Department of Defense efforts to address national security challenges posed by the People's Republic of China; and (2) to ensure alignment across Department strategies, policies, resourcing, and fielding of relevant capabilities. (b) Duties The duties of the cross-functional team established under subsection (a) shall be— (1) to assist the Secretary with integrating Department efforts to address national security challenges posed by the People's Republic of China; (2) to integrate the efforts of the Department regarding the People's Republic of China with the efforts of other relevant Federal departments and agencies; and (3) to streamline and strengthen cooperation with United States allies and partners, particularly such allies and partners in the Indo-Pacific region. (c) Team leadership (1) In general The Secretary shall select an appropriate civilian official to lead the cross-functional team and a senior military officer to serve as the deputy to the civilian official so selected. (2) Direct reporting The leadership of the cross-functional team shall report directly to the Secretary and the Deputy Secretary of Defense. (d) Briefing Not later than 45 days after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a briefing on— (1) the progress of the Secretary in establishing the cross-functional team; and (2) the progress the team has made in— (A) determining the roles and responsibilities of the organizations and elements of the Department with respect to the cross-functional team; and (B) carrying out the duties under subsection (b). 1250. Report on bilateral agreements supporting United States military posture in the Indo-Pacific region (a) Report required Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the adequacy of existing bilateral agreements between the United States and foreign governments that support the existing and planned military posture of the United States in the Indo-Pacific region. (b) Elements The report required by subsection (a) shall include the following: (1) An accounting of existing bilateral agreements that support the military posture of the United States in the Indo-Pacific region, by country and type. (2) An articulation of the need for new bilateral agreements, by country and type, to support a more distributed United States military posture in the Indo-Pacific region, as outlined by the Global Force Posture Review, including agreements necessary— (A) to establish new cooperative security locations, forward operating locations, and other locations in support of distributed operations; and (B) to enable exercises and a more rotational force presence. (3) A description of the relative priority of the agreements articulated under paragraph (2). (4) Any specific request, financial or otherwise, made by a foreign government or a Federal agency other than the Department of Defense that complicates the completion of such agreements. (5) A description of Department activities planned for the current and subsequent fiscal year that are intended to contribute to the completion of such agreements. (6) A description of the manner in which the necessity for such agreements is communicated to, and coordinated with, the Secretary of State. (7) Any other matter the Secretary of Defense considers relevant. 1251. Sense of the Senate on supporting prioritization of the People's Republic of China, the Indo-Pacific region, and Taiwan It is the sense of the Senate that the Senate— (1) supports the designations by the Department of Defense, as reflected in the 2022 National Defense Strategy and statements by Secretary of Defense Lloyd Austin and other senior Department officials, of— (A) the People’s Republic of China as the Department’s pacing challenge; (B) the Indo-Pacific as the Department’s priority theater; and (C) a Taiwan contingency as the Department’s pacing scenario; (2) underscores the importance of the Department continuing to prioritize the deterrence of aggression by the People's Republic of China, particularly in the form of an invasion of Taiwan by the People's Republic of China, as the Government of the People’s Republic of China expands and modernizes the People’s Liberation Army; and (3) strongly urges the Department to manage force allocations across theaters to ensure, consistent with the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq. ), that the United States Armed Forces maintain the ability to deny a fait accompli against Taiwan by the People’s Republic of China in order to deter the People’s Republic of China from using force to unilaterally change the status quo with Taiwan. 1252. Sense of Congress on defense alliances and partnerships in the Indo-Pacific region (a) Findings Congress makes the following findings: (1) The United States Indo-Pacific strategy states, we will prioritize our single greatest asymmetric strength: our network of security alliances and partnerships. Across the region, the United States will work with allies and partners to deepen our interoperability and develop and deploy advanced warfighting capabilities as we support them in defending their citizens and their sovereign interests. . (2) The fact sheet accompanying the National Defense Strategy states, [m]utually-beneficial Alliances and partnerships are an enduring strength for the United States, and are critical to achieving our objectives … the Department [of Defense] will incorporate ally and partner perspectives, competencies, and advantages at every stage of defense planning. . (3) Chairman of the Joint Chiefs of Staff General Milley testified on April 7, 2022, that our alliances and partnerships are our most significant asymmetric advantages and are key to maintaining the international rules-based order that offers the best opportunities for peace and prosperity for America and the globe. . (4) Commander of the United States Indo-Pacific Command Admiral Aquilino testified on March 10, 2022, that a key U.S. asymmetric advantage that our security challengers do not possess is our network of strong alliances and partnerships. Because these relationships are based on shared values and people-to-people ties, they provide significant advantages such as long-term mutual trust, understanding, respect, interoperability, and a common commitment to a free and open Indo-Pacific. . (b) Sense of Congress It is the sense of Congress that the Secretary of Defense should continue efforts that strengthen United States defense alliances and partnerships in the Indo-Pacific region so as to further the comparative advantage of the United States in strategic competition with the People's Republic of China, including by— (1) enhancing cooperation with Japan, consistent with the Treaty of Mutual Cooperation and Security Between the United States of America and Japan, signed at Washington, January 19, 1960, including by developing advanced military capabilities, fostering interoperability across all domains, and improving sharing of information and intelligence; (2) reinforcing the United States alliance with the Republic of Korea, including by maintaining the presence of approximately 28,500 members of the United States Armed Forces deployed to the country and affirming the United States commitment to extended deterrence using the full range of United States defense capabilities, consistent with the Mutual Defense Treaty Between the United States and the Republic of Korea, signed at Washington, October 1, 1953, in support of the shared objective of a peaceful and stable Korean Peninsula; (3) fostering bilateral and multilateral cooperation with Australia, consistent with the Security Treaty Between Australia, New Zealand, and the United States of America, signed at San Francisco, September 1, 1951, and through the partnership among Australia, the United Kingdom, and the United States (commonly known as AUKUS )— (A) to advance shared security objectives; (B) to accelerate the fielding of advanced military capabilities; and (C) to build the capacity of emerging partners; (4) advancing United States alliances with the Philippines and Thailand and United States partnerships with other partners in the Association of Southeast Asian Nations to enhance maritime domain awareness, promote sovereignty and territorial integrity, leverage technology and promote innovation, and support an open, inclusive, and rules-based regional architecture; (5) broadening United States engagement with India, including through the Quadrilateral Security Dialogue— (A) to advance the shared objective of a free and open Indo-Pacific region through bilateral and multilateral engagements and participation in military exercises, expanded defense trade, and collaboration on humanitarian aid and disaster response; and (B) to enable greater cooperation on maritime security and the threat of global pandemics, including COVID–19; (6) strengthening the United States partnership with Taiwan, consistent with the Three Communiques, the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq. ), and the Six Assurances, with the goal of improving Taiwan's asymmetric defensive capabilities and promoting peaceful cross-strait relations; (7) reinforcing the status of the Republic of Singapore as a Major Security Cooperation Partner of the United States and continuing to strengthen defense and security cooperation between the military forces of the Republic of Singapore and the Armed Forces of the United States, including through participation in combined exercises and training; (8) engaging with the Federated States of Micronesia, the Republic of the Marshall Islands, the Republic of Palau, and other Pacific Island countries, with the goal of strengthening regional security and addressing issues of mutual concern, including protecting fisheries from illegal, unreported, and unregulated fishing; (9) collaborating with Canada, the United Kingdom, France, and other members of the European Union and the North Atlantic Treaty Organization to build connectivity and advance a shared vision for the region that is principled, long-term, and anchored in democratic resilience; and (10) investing in enhanced military posture and capabilities in the area of responsibility of the United States Indo-Pacific Command and strengthening cooperation in bilateral relationships, multilateral partnerships, and other international fora to uphold global security and shared principles, with the goal of ensuring the maintenance of a free and open Indo-Pacific region. 1253. Prohibition on use of funds to support entertainment projects with ties to the Government of the People's Republic of China None of the funds authorized to be appropriated by this Act may be used to knowingly provide active and direct support to any film, television, or other entertainment project with respect to which any producer or other person associated with the project— (1) seeks pre-approval of the content of the project from any entity of the Government of the People's Republic of China or the Chinese Communist Party; or (2) modifies or deletes in any way the content of the project as a result of any direction from any entity of the Government of the People's Republic of China or the Chinese Communist Party. E Reports 1261. Report on Fifth Fleet capabilities upgrades (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on— (1) capabilities upgrades necessary to enable the Fifth Fleet to address emerging threats in its area of responsibility; and (2) any costs associated with such upgrades. (b) Elements The report required by subsection (a) shall include the following: (1) An assessment of seaborne threats posed by Iran, and groups linked to Iran, to the military forces of United States allies and partners operating in the waters in and around the broader Middle East. (2) A description of any capabilities upgrades necessary to enable the Fifth Fleet to address such threats. (3) An estimate of the costs associated with any such upgrades. (4) A description of any United States plan to deepen cooperation with other member countries of the Combined Maritime Forces at the strategic, policy, and functional levels for the purpose of addressing such threats, including by— (A) enhancing coordination on defense planning; (B) improving intelligence sharing; and (C) deepening maritime interoperability. (c) Broader Middle East defined In this section, the term broader Middle East means— (1) the land around the southern and eastern shores of the Mediterranean Sea; (2) the Arabian Peninsula; (3) Iran; and (4) North Africa. F Other matters 1271. Prohibition on participation in offensive military operations against the Houthis in Yemen (a) In general None of the funds authorized to be appropriated by this Act shall be made available to provide for Department of Defense participation in offensive operations against the Houthis in Yemen by the coalition led by Saudi Arabia, unless a specific statutory authorization for such use of the United States Armed Forces has been enacted. (b) Waiver The Secretary of Defense may waive the prohibition under subsection (a) if the Secretary— (1) determines that such a waiver is in the national security interests of the United States; (2) issues the waiver in writing; and (3) not more than 5 days after issuing the waiver, submits to the Committees on Armed Services of the Senate and the House of Representatives a notification that includes the text of the waiver and a justification for the waiver. (c) Rule of construction Nothing in this section shall be construed to limit— (1) United States counterterrorism cooperation with Saudi Arabia or the United Arab Emirates against al-Qaeda, the Islamic State of Iraq and Syria, or associated forces; (2) support intended to assist Saudi Arabia, the United Arab Emirates, or other members of the Saudi-led coalition in defending against threats emanating from Yemen to their sovereignty or territorial integrity, the sovereignty or territorial integrity of any other United States partner or ally, or the safety of United States persons or property, including— (A) threats from ballistic missiles, cruise missiles, or unmanned aerial vehicles; and (B) explosive boat threats to international maritime traffic; (3) the provision of humanitarian assistance; or (4) the preservation of freedom of navigation. (d) Extension of prohibition on in-flight refueling to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen Section 1273 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1699) is amended to read as follows: 1273. Prohibition on in-flight refueling to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen For the two-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2023, the Department of Defense may not provide in-flight refueling pursuant to section 2342 of title 10, United States Code, or any other applicable statutory authority, to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen unless and until a declaration of war or a specific statutory authorization for such use of United States Armed Forces has been enacted. . 1272. Extension of authority for United States-Israel cooperation to counter unmanned aerial systems Section 1278(f) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1702; 22 U.S.C. 8606 note) is amended by striking December 31, 2024 and inserting December 31, 2026 . 1273. Extension of authority for certain payments to redress injury and loss Section 1213(a) of the National Defense Authorization Act for Fiscal Year 2020 ( 10 U.S.C. 2731 note) is amended by striking December 31, 2023 and inserting December 31, 2024 . 1274. Modification of Secretary of Defense Strategic Competition Initiative (a) Authority Subsection (a) of section 1332 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 2007; 10 U.S.C. 301 note) is amended by striking that advance and all that follows through the period at the end and inserting “that— (1) advance United States national security objectives for strategic competition by supporting Department of Defense efforts to compete below the threshold of armed conflict; or (2) support other Federal departments and agencies in advancing United States interests relating to strategic competition. . (b) Authorized activities and programs Subsection (b) of such section is amended by adding at the end the following new paragraph: (5) Other activities or programs of the Department of Defense, including activities to coordinate with or support other Federal departments and agencies, that the Secretary of Defense determines would advance United States national security objectives for strategic competition. . 1275. Assessment of challenges to implementation of the partnership among Australia, the United Kingdom, and the United States (a) In general The Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center for the conduct of an independent assessment of resourcing, policy, and process challenges to implementing the partnership among Australia, the United Kingdom, and United States (commonly known as the AUKUS partnership ) announced on September 21, 2021. (b) Matters to be considered In conducting the assessment required by subsection (a), the federally funded research and development center shall consider the following with respect to each of Australia, the United Kingdom, and the United States: (1) Potential resourcing and personnel shortfalls. (2) Information sharing, including foreign disclosure policy and processes. (3) Statutory, regulatory, and other policies and processes. (4) Intellectual property, including patents. (5) Export controls, including technology transfer and protection. (6) Security protocols and practices, including personnel, operational, physical, facility, cybersecurity, counterintelligence, marking and classifying information, and handling and transmission of classified material. (7) Any other matter the Secretary considers appropriate. (c) Recommendations The federally funded research and development center selected to conduct the assessment under this section shall include, as part of such assessment, recommendations for improvements to resourcing, policy, and process challenges to implementing the AUKUS partnership. (d) Report (1) In general Not later than January 1, 2024, the Secretary shall submit to the congressional defense committees a report that includes an unaltered copy of such assessment, together with the views of the Secretary on the assessment and on the recommendations included in the assessment pursuant to subsection (c). (2) Form of report The report required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex. XIII COOPERATIVE THREAT REDUCTION 1301. Cooperative Threat Reduction funds (a) Funding allocation Of the $341,598,000 authorized to be appropriated to the Department of Defense for fiscal year 2023 in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program established under section 1321 of the Department of Defense Cooperative Threat Reduction Act ( 50 U.S.C. 3711 ), the following amounts may be obligated for the purposes specified: (1) For strategic offensive arms elimination, $6,860,000. (2) For chemical weapons destruction, $15,000,000. (3) For global nuclear security, $18,090,000. (4) For cooperative biological engagement, $225,000,000. (5) For proliferation prevention, $45,890,000. (6) For activities designated as Other Assessments/Administrative Costs, $30,760,000. (b) Specification of cooperative threat reduction funds Funds appropriated pursuant to the authorization of appropriations in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program shall be available for obligation for fiscal years 2023, 2024, and 2025. XIV Other authorizations A Military programs 1401. Working capital funds Funds are hereby authorized to be appropriated for fiscal year 2023 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds, as specified in the funding table in section 4501. 1402. Chemical Agents and Munitions Destruction, Defense (a) Authorization of appropriations Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2023 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, as specified in the funding table in section 4501. (b) Use Amounts authorized to be appropriated under subsection (a) are authorized for— (1) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 ( 50 U.S.C. 1521 ); and (2) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act. 1403. Drug Interdiction and Counter-Drug Activities, Defense-wide Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2023 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4501. 1404. Defense Inspector General Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2023 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4501. 1405. Defense Health Program Funds are hereby authorized to be appropriated for fiscal year 2023 for the Defense Health Program for use of the Armed Forces and other activities and agencies of the Department of Defense for providing for the health of eligible beneficiaries, as specified in the funding table in section 4501. B National Defense Stockpile 1411. Modification of acquisition authority under Strategic and Critical Materials Stock Piling Act (a) In general Section 5 of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98d ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in the first sentence, by inserting under the authority of paragraph (3) or after Except for acquisitions made ; and (ii) in the second sentence, by striking for such acquisition and inserting for any acquisition of materials under this Act ; and (B) by adding at the end the following: (3) Using funds appropriated for acquisition of materials under this Act, the National Defense Stockpile Manager may acquire materials determined to be strategic and critical under section 3(a) without regard to the requirement of the first sentence of paragraph (1) if the Stockpile Manager determines there is a shortfall of such materials in the stockpile. ; and (2) in subsection (c), by striking to carry out the purposes for which appropriated for a period of two fiscal years, if so provided in the appropriations Acts and inserting until expended, unless otherwise provided in appropriations Acts . (b) Increase in quantities of materials to be stockpiled Section 3(c)(2) of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98b(c)(2) ) is amended— (1) by amending the first sentence to read as follows: The President shall notify Congress in writing of any increase proposed to be made in the quantity of any material to be stockpiled that involves the acquisition of additional materials for the stockpile. ; (2) in the second sentence, by striking the change after the end of the 45-day period and inserting the increase after the end of the 30-day period ; and (3) in the third sentence, by striking change and inserting increase . 1412. Briefings on shortfalls in National Defense Stockpile Section 14 of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98h–5 ) is amended by adding at the end the following new subsection: (f) (1) Not later than March 1 each year, the National Defense Stockpile Manager shall provide to the congressional defense committees a briefing on strategic and critical materials that— (A) are determined to be in shortfall in the most recent report on stockpile requirements submitted under subsection (a); and (B) the acquisition or disposal of which is included in the annual materials plan for the operation of the stockpile during the next fiscal year submitted under section 11(b). (2) Each briefing required by paragraph (1) shall include— (A) a description of each material described in that paragraph, including the objective to be achieved if funding is provided, in whole or in part, for the acquisition of the material to remedy the shortfall; (B) an estimate of additional amounts required to provide such funding, if any; and (C) an assessment of the supply chain for each such material, including any assessment of any relevant risk in any such supply chain. . 1413. Authority to acquire materials for the National Defense Stockpile (a) Acquisition authority Of the funds appropriated into the National Defense Stockpile Transaction Fund pursuant to the authorization of appropriations under subsection (c), the National Defense Stockpile Manager may use up to $1,003,500,000 for acquisition of the following materials determined to be strategic and critical materials required to meet the defense, industrial, and essential civilian needs of the United States: (1) Neodymium oxide, praseodymium oxide, and neodymium iron boron (NdFeB) magnet block. (2) Titanium. (3) Energetic materials. (4) Iso-molded graphite. (5) Grain-oriented electric steel. (6) Tire cord steel. (7) Cadmium zinc telluride. (8) Any additional materials identified as stockpile requirements in the most recent report submitted to Congress under section 14 of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98h–5 ). (b) Fiscal year limitation The authority under subsection (a) is available for purchases during fiscal years 2023 through 2032. (c) Authorization of appropriations There is authorized to be appropriated to the National Defense Stockpile Transaction Fund $1,003,500,000 for the acquisition of strategic and critical materials under section 6(a) of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98e(a) ). (d) Compliance with Strategic and Critical Materials Stock Piling Act Any acquisition using funds appropriated pursuant to the authorization of appropriations under subsection (c) shall be carried out in accordance with the provisions of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98 et seq. ). C Other matters 1421. Authorization of appropriations for Armed Forces Retirement Home There is hereby authorized to be appropriated for fiscal year 2023 from the Armed Forces Retirement Home Trust Fund the sum of $152,360,000 for the operation of the Armed Forces Retirement Home. 1422. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois (a) Authority for transfer of funds Of the funds authorized to be appropriated by section 1405 and available for the Defense Health Program for operation and maintenance, $167,600,000 may be transferred by the Secretary of Defense to the Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2571). (b) Treatment of transferred funds For purposes of subsection (a)(2) of such section 1704, any funds transferred under subsection (a) shall be treated as amounts authorized and appropriated specifically for the purpose of such a transfer. (c) Use of transferred funds For purposes of subsection (b) of such section 1704, facility operations for which funds transferred under subsection (a) may be used are operations of the Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4500). XV Space activities, strategic programs, and intelligence matters A Space activities 1501. Additional authorities of Chief of Space Operations Section 9082(d) of title 10, United States Code, is amended— (1) in paragraph (5), by striking ; and and inserting a semicolon; (2) in paragraph (6), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (7) be the force design architect for space systems of the armed forces. . 1502. Comprehensive strategy for the Space Force (a) Strategic objectives The Secretary of the Air Force and the Chief of Space Operations shall jointly develop strategic objectives required to organize, train, and equip the Space Force, including objectives that emphasize achieving and maintaining— (1) United States space superiority; (2) global communications, command and control, and intelligence, surveillance, and reconnaissance for the combatant commands and the respective components of the combatant commands; and (3) the retention, development, and deployment of Space Force capabilities to meet the full range of joint warfighting space requirements of the combatant commands. (b) Report (1) In general Not later than June 30, 2023, the Secretary and the Chief shall jointly submit to the congressional defense committees a report on the strategic objectives developed under subsection (a). (2) Elements The report required by paragraph (1) shall include the following: (A) A description of the strategic objectives developed under subsection (a). (B) A specific and detailed plan for achieving such strategic objectives that includes— (i) a budget plan; (ii) a ground-based infrastructure plan; (iii) a space architecture plan; and (iv) a systems acquisitions plan. (C) An identification of units and resources from other Department of Defense organizations, as applicable, required by the Space Force to achieve and implement such strategic objectives efficiently and effectively. (D) A plan to provide the number of general officer and senior executive service positions required to meet the needs of the Space Force, and a justification for such number. (3) Form The report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. (4) Public availability Not later than 5 days after the date on which the report is submitted, the Secretary and the Chief shall make the unclassified form of the report available to the public on an internet website of the Department of Defense. (c) Briefing Not later than 30 days after the date on which the report is submitted, the Secretary and the Chief shall provide a briefing to the congressional defense committees on— (1) the information contained in the report; and (2) the plan of the Department of the Air Force to provide the Space Force with the resources required to achieve the objectives described in the report. (d) Space superiority defined In this section, the term space superiority means the degree of control in space of one force over any others that permits the conduct of its operations at a given time and place without prohibitive interference from terrestrial or space-based threats. 1503. Review of Space Development Agency exemption from Joint Capabilities Integration and Development System (a) In general Not later than March 31, 2023, the Secretary of Defense shall complete a review of the exemption of the Space Development Agency from the Joint Capabilities Integration and Development System. (b) Recommendation Not later than 30 days after the date on which the review under subsection (a) is completed, the Secretary of Defense shall submit to the congressional defense committees a recommendation as to whether such exemption should continue to apply to the Space Development Agency. (c) Implementation Not later than 60 days after the date on which the recommendation is submitted under subsection (b), the Secretary of the Air Force and the Director of the Space Development Agency shall implement the recommendation. 1504. Applied research and educational activities to support space technology development (a) In general The Secretary of the Air Force and the Chief of Space Operations, in coordination with the Chief Technology and Innovation Office of the Space Force, may carry out applied research and educational activities to support space technology development. (b) Activities Activities carried out under subsection (a) shall support the applied research, development, and demonstration needs of the Space Force, including by addressing and facilitating the advancement of capabilities related to— (1) space domain awareness; (2) positioning, navigation, and timing; (3) communications; (4) hypersonics; (5) cybersecurity; and (6) any other matter the Secretary of the Air Force considers relevant. (c) Education and training Activities carried out under subsection (a) shall— (1) promote education and training for students so as to support the future national security space workforce of the United States; and (2) explore opportunities for international collaboration. (d) Termination The authority provided by this section shall expire on December 31, 2027. 1505. Continued requirement for National Security Space Launch program In carrying out Phase 2 of the acquisition strategy for the National Security Space Launch program, the Secretary of the Air Force shall ensure that launch services are procured only from launch service providers that use launch vehicles meeting Federal requirements with respect to required payloads to reference orbits. 1506. Extension of annual report on Space Command and Control Section 1613(a)(2) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1731) is amended by striking 2025 and inserting 2030 . 1507. Modification of reports on integration of acquisition and capability delivery schedules for segments of major satellite acquisitions programs and funding for such programs Section 2275(f) of title 10, United States Code, is amended by striking paragraph (3). 1508. Update to plan to manage Integrated Tactical Warning and Attack Assessment System and multi-domain sensors (a) Update required Not later than one year after the date of the enactment of this Act, the Secretary of the Air Force shall update the plan that was developed pursuant to section 1669 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ). (b) Coordination with other agencies In developing the update required by subsection (a), the Secretary shall— (1) coordinate with the Secretary of the Army, the Secretary of the Navy, the Director of the Missile Defense Agency, the Director of the National Reconnaissance Office, and the Director of the Space Development Agency; and (2) solicit comments on the plan, if any, from the Commander of United States Strategic Command, the Commander of United States Northern Command, and the Commander of United States Space Command. (c) Submittal to Congress Not later than 90 days after the update required by subsection (a) is complete, the Secretary of the Air Force shall submit to the congressional defense committees— (1) the plan updated pursuant to subsection (a); and (2) the comments from the Commander of United States Strategic Command, the Commander of United States Northern Command, and the Commander of United States Space Command, if any, solicited under subsection (b)(2). B Nuclear Forces 1511. Matters relating to role of Nuclear Weapons Council with respect to budget for nuclear weapons programs (a) Repeal of termination of Nuclear Weapons Council certification and reporting requirement Section 1061(c) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 111 note) is amended by striking paragraph (10). (b) Modification to responsibilities of Nuclear Weapons Council Section 179(d)(9) of title 10, United States Code, is amended by inserting , in coordination with the Joint Requirements Oversight Council, after capabilities, and . (c) Amendment to budget and funding matters for nuclear weapons programs (1) In general Section 179(f) of title 10, United States Code, is amended— (A) by redesignating paragraphs (1) through (7) as paragraphs (2) through (8), respectively; (B) striking the heading and inserting the following: Budget and funding matters (1) (A) The Council shall review each budget request transmitted by the Secretary of Energy to the Council under section 4717 of the Atomic Energy Defense Act ( 50 U.S.C. 2757 ) and make a determination regarding the adequacy of each such request. (B) Not later than 30 days after making a determination described in subparagraph (A), the Council shall notify Congress that such a determination has been made. ; and (C) by striking paragraph (7), as so redesignated, and inserting the following new paragraph (7): (7) If a House of Congress adopts a bill authorizing or appropriating funds for the Department of Defense that, as determined by the Council, provides funds in an amount that will result in a delay in the nuclear certification or delivery of F–35A dual-capable aircraft, the Sentinel weapon system, the Columbia class ballistic missile submarine, the Long Range Standoff Weapon, the B–21 Raider long range bomber, a modernized nuclear command, control, and communications system, or other such nuclear weapons delivery or communications systems in development as of January 1, 2022, the Council shall notify the congressional defense committees of the determination. . (2) Transfer of determination of adequacy requirement Subparagraph (B) of section 4717(a)(2) of the Atomic Energy Defense Act ( 50 U.S.C. 2757 ) is— (A) transferred to section 179(f) of title 10, United States Code, as amended by paragraph (1); (B) inserted after paragraph (1)(A) of such section; and (C) amended— (i) by moving such subparagraph 4 ems to the left; (ii) by striking Determination of adequacy .— and all that follows through (i) Inadequate requests .— and inserting (i) ; (iii) in clause (i), by striking paragraph (1) and inserting section 4717 of the Atomic Energy Defense Act ( 50 U.S.C. 2757 ) ; (iv) in clause (ii)— (I) by moving such clause 6 ems to the left; (II) by striking the heading; and (III) by striking paragraph (1) and inserting section 4717 of the Atomic Energy Defense Act ( 50 U.S.C. 2757 ) ; and (v) in clause (iii)— (I) by moving such clause 6 ems to the left; and (II) by striking the heading. (d) Modification of budget review by Nuclear Weapons Council Section 4717 of the Atomic Energy Defense Act ( 50 U.S.C. 2757 ) is amended— (1) in subsection (a)— (A) by striking paragraph (2) and inserting the following new paragraph (2): (2) Review The Council shall review each budget request transmitted to the Council under paragraph (1) in accordance with section 179(f) of title 10, United States Code. ; and (B) in paragraph (3)(A)— (i) in the matter preceding clause (i), by striking paragraph (2)(B)(i) and inserting section 179(f)(1)(B)(i) of title 10, United States Code, ; and (ii) in clause (i), by striking the description under paragraph (2)(B)(i) and inserting that description ; and (2) in subsection (b)— (A) by striking Council .— in the heading and all that follows through At the time and inserting Council .—At the time ; and (B) by striking paragraph (2). 1512. Development of risk management framework for the United States nuclear enterprise (a) Framework Not later than June 1, 2023, the Under Secretary of Defense for Acquisition and Sustainment and the Administrator for Nuclear Security, in coordination with the other members of the Nuclear Weapons Council, shall develop a joint risk management framework— (1) to periodically identify, analyze, and respond to risks that affect the nuclear enterprise of the United States; and (2) to report, internally to other members of the Nuclear Weapons Council and externally to relevant stakeholders, such risks and any associated mitigation efforts. (b) Elements The framework required by subsection (a) shall address— (1) programs to sustain and modernize the nuclear weapons stockpile of the United States; (2) efforts to sustain and recapitalize infrastructure and facilities of the National Nuclear Security Administration that support programs of the Department of Defense; (3) programs to sustain and modernize nuclear weapons delivery systems of the Department of Defense; and (4) programs to sustain and modernize the nuclear command, control, and communications infrastructure of the United States. (c) Subject matter expertise The Under Secretary and the Administrator shall draw upon public and private sector resources to inform the development of the framework required by subsection (a), including by leveraging, to the maximum extent possible, the program management expertise within the Defense Acquisition University. (d) Briefings The Under Secretary and the Administrator shall jointly brief the congressional defense committees— (1) not later than February 1, 2023, on the progress made toward developing the framework required by subsection (a); and (2) not later than June 30, 2023, on the completed framework. 1513. Biannual briefing on nuclear weapons and related activities Chapter 24 of title 10, United States Code, is amended by inserting after section 492a the following new section: 492b. Biannual briefing on nuclear weapons and related activities (a) In general On or about May 1 and November 1 of each calendar year, the officials specified in subsection (b) shall brief the Committees on Armed Services of the Senate and the House of Representatives on matters relating to nuclear weapons policies, operations, technology development, and other similar topics as requested by such committees. (b) Officials specified The officials specified in this subsection are the following: (1) the Assistant Secretary of Defense for Acquisition. (2) the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs. (3) the Assistant Secretary of Defense for Space Policy. (4) the Deputy Administrator for Defense Programs of the National Nuclear Security Administration. (5) the Director for Strategy, Plans, and Policy (J5) of the Joint Staff. (6) the Director for Capability and Resource Integration (J8) for the United States Strategic Command. (c) Delegation An official specified in subsection (b) may delegate the authority to provide a briefing required by subsection (a) to any employee of such official who is a member of the Senior Executive Service. (d) Termination This section terminates on January 1, 2028. . 1514. Plan for development of reentry vehicles (a) In general The Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Administrator for Nuclear Security and the Under Secretary of Defense for Research and Engineering, shall produce a plan for the development, during the 20 year period beginning on the date of the enactment of this Act, of— (1) the Mark 21A reentry vehicle for the Air Force; (2) the Mark 7 reentry vehicle for the Navy; and (3) any other reentry vehicles for— (A) the Sentinel intercontinental ballistic missile weapon system; (B) the Trident II (D5) submarine-launched ballistic missile, or subsequent missile; and (C) any other long range ballistic or hypersonic strike missile that may rely upon technologies similar to the technologies used in the missiles described in subparagraphs (A) and (B). (b) Elements The plan required by subsection (a) shall— (1) with respect to the development of each reentry vehicle described in subsection (a), describe— (A) timed phases of production for the reentry aeroshell and the planned production and fielding of the reentry vehicle; (B) the required developmental and operational testing capabilities and capacities, including such capabilities and capacities of the reentry vehicle; (C) the technology development and manufacturing capabilities that may require use of authorities under the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. ); and (D) the industrial base capabilities and capacities, including the availability of sufficient critical materials and staffing to ensure adequate competition between entities developing the reentry vehicle; (2) provide estimated cost projections for the development of the first operational reentry vehicle and the production of subsequent reentry vehicles to meet Navy and Air Force requirements; and (3) provide for the coordination with and account for the needs of the development by the Department of Defense of hypersonic systems using materials, staffing, and an industrial base similar to that required for the development of reentry vehicles described in subsection (a). (c) Assessments (1) Cost projections The Director of the Office of Cost Assessment and Program Evaluation of the Department of Defense and the Director of the Office of Cost Estimating and Program Evaluation of the National Nuclear Security Administration shall jointly conduct an assessment of the costs of the plan required by subsection (a). (2) Technology and manufacturing readiness The Under Secretary of Defense for Acquisition and Sustainment shall enter into an agreement with a federally funded research and development center to conduct an assessment of the technology and manufacturing readiness levels with respect to the plan required by subsection (a). (d) Submission to Congress Not later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees the plan required by subsection (a) and the assessments required by subsection (c). 1515. Industrial base monitoring for B–21 and Sentinel programs (a) In general The Secretary of the Air Force, acting through the Assistant Secretary of the Air Force for Acquisition, Technology, and Logistics, shall designate a senior official to monitor the combined industrial base supporting the acquisition of B–21 aircraft and Sentinel programs. (b) Requirements for monitoring In monitoring the combined industrial base described in subsection (a), the senior official designated under that subsection shall— (1) appoint individuals to key staff positions; (2) monitor the acquisition of— (A) personnel with critical skills; (B) materials, technologies, and components associated with nuclear weapons systems; and (C) commodities purchased on a large scale; and (3) assess whether public and private personnel with critical skills and knowledge, intellectual property on manufacturing processes, and facilities and equipment necessary to design, develop, manufacture, repair, and support a program are available and affordable within the scopes of the B–21 aircraft and Sentinel programs. (c) Annual report Contemporaneously with the submission of the budget of the President pursuant to section 1105(a) of title 31 for a fiscal year, the Secretary shall submit to the congressional defense committees a report with respect to the status of the combined industrial base described in subsection (a). 1516. Establishment of intercontinental ballistic missile site activation task force for Sentinel program (a) Establishment (1) In general There is established within the Air Force Global Strike Command a directorate to be known as the Sentinel Intercontinental Ballistic Missile Site Activation Task Force (referred to in this section as the Task Force ). (2) Site Activation Task Force The Task Force shall serve as the Site Activation Task Force (as that term is defined in Air Force Instruction 10–503, updated October 14, 2020) for purposes of overseeing the construction of fixed facilities and emplacements and the installation and checkout of supporting subsystems and equipment leading to the deployment and achievement of full operational capability of the LGM-35A Sentinel intercontinental ballistic missile weapon system at each intercontinental ballistic missile wing for use by the Air Force Global Strike Command in support of plans and operations of the United States Strategic Command. (b) Director (1) In general The Task Force shall be headed by the Director of Intercontinental Ballistic Missile Modernization (referred to in this section as the Director ). (2) Appointment (A) In general The Secretary of the Air Force shall appoint the Director from among general officers (as defined in section 101(b) of title 10, United States Code) of the Air Force. (B) Qualifications In appointing the Director, the Secretary of the Air Force shall give preference to individuals with expertise in large construction projects. (3) Term of office (A) Term The Director shall be appointed for a term of three years. The Secretary may reappoint the Director for one additional three-year term. (B) Removal The Secretary may remove the Director for cause at any time. (4) Duties of the Director The Director shall— (A) oversee— (i) the deployment of the LGM-35A Sentinel intercontinental ballistic missile weapon system; and (ii) the retirement of the LGM-30G Minuteman III intercontinental ballistic missile weapon system; and (B) subject to the authority, direction, and control of the Commander of the Air Force Global Strike Command, the Chief of Staff of the Air Force, and the Secretary of the Air Force, prepare, justify, and execute the personnel, operation and maintenance, and construction budgets for such deployment and retirement. (c) Reports (1) Report to Secretaries Not later than one year after the date of the enactment of this Act, and annually thereafter, the Director, in consultation with the milestone decision authority (as defined in section 2366a(d) of title 10, United States Code) for the LGM-35A Sentinel intercontinental ballistic missile program, shall submit to the Secretary of the Air Force and the Secretary of Defense a report on the progress of the Air Force in achieving initial and full operational capability for the LGM-35A Sentinel intercontinental ballistic missile weapon system. (2) Report to Congress Not later than 30 days after receiving a report required by paragraph (1), the Secretary of the Air Force and the Secretary of Defense jointly shall transmit the report to the congressional defense committees. (3) Form The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (4) Quarterly briefing Not later than one year after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of the Air Force shall brief the congressional defense committees with respect to progress made on activities by the Task Force to bring the LGM-35A Sentinel intercontinental ballistic missile weapon system to operational capability at each intercontinental ballistic missile wing. (d) Weapon system designation (1) In general For purposes of nomenclature and life cycle maintenance, each wing level configuration of the LGM-35A Sentinel intercontinental ballistic missile shall be considered a weapon system. (2) Definitions In this subsection: (A) Weapon system The term weapon system has the meaning given the term in Department of the Air Force Pamphlet 63-128, updated February 3, 2021. (B) Wing level configuration The term wing level configuration means the complete arrangement of subsystems and equipment of the LGM-35A Sentinel intercontinental ballistic missile required to function as a wing. (e) Termination The Task Force shall terminate not later than 90 days after the Commander of the United States Strategic Command and the Commander of the Air Force Global Strike Command (or the heads of successor agencies of the United States Strategic Command and the Air Force Global Strike Command) jointly declare that the LGM-35A Sentinel intercontinental ballistic missile weapon system has achieved full operational capability. 1517. Sense of the Senate and briefing on nuclear cooperation between the United States and the United Kingdom (a) Sense of the Senate It is the sense of the Senate that— (1) the United States strategic nuclear deterrent, and the independent strategic nuclear deterrents of the United Kingdom and the French Republic, are the supreme guarantee of the security of the North Atlantic Treaty Organization (commonly referred to as NATO ) and continue to underwrite peace and security for all members of the NATO alliance; (2) the security of the NATO alliance also relies upon nuclear sharing arrangements that predate, and are fully consistent with, the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force March 5, 1960 (commonly referred to as the Nuclear Non-Proliferation Treaty ); (3) such arrangements provide for the forward deployment of United States nuclear weapons in Europe, along with the supporting capabilities, infrastructure, and dual-capable aircraft dedicated to the delivery of United States nuclear weapons, provided by European NATO allies; (4) in parallel to the independent commitments of the United States and the United Kingdom to the enduring security of NATO, the nuclear programs of the United States and the United Kingdom have enjoyed significant collaborative benefits as a result of the cooperative relationship formalized in the Agreement for Cooperation on the Uses of Atomic Energy for Mutual Defense Purposes, signed at Washington July 3, 1958, and entered into force August 4, 1958, between the United States and the United Kingdom (commonly referred to as the Mutual Defense Agreement ); (5) the unique partnership between the United States and the United Kingdom has enhanced sovereign military and scientific capabilities, strengthened bilateral ties, and resulted in the sharing of costs; (6) as the international security environment deteriorates and potential adversaries expand and enhance their nuclear forces, the extended deterrence commitments of the United Kingdom play an increasingly important role in supporting the security interests of the United States and allies of the United States and the United Kingdom; (7) additionally, the extension of the nuclear deterrence commitments of the United Kingdom to members of the NATO alliance strengthens collective security while reducing the burden placed on United States nuclear forces to deter potential adversaries and assure allies of the United States; (8) it is in the national security interest of the United States to support the United Kingdom with respect to the decision of the Government of the United Kingdom to maintain its nuclear forces to deter countries that are significantly increasing and diversifying their nuclear arsenals and investing in novel nuclear technologies and developing new warfighting nuclear systems that could threaten NATO allies, as outlined in the March 2021 report of the Government of the United Kingdom entitled, Global Britain in a Competitive Age: The Integrated Review of Security, Defence, Development and Foreign Policy ; (9) as the United States continues to modernize its aging nuclear forces to ensure its ability to continue to field a nuclear deterrent that is safe, secure, and effective, the United Kingdom faces a similar challenge; (10) bilateral cooperation on such programs as the Trident II D5 weapons system, the common missile compartment for the future Dreadnought and Columbia classes of submarines, and the parallel development of the W93/Mk7 warhead of the United States and the replacement warhead of the United Kingdom, will allow the United States and the United Kingdom to responsibly address challenges within their legacy nuclear forces in a cost-effective manner that— (A) preserves independent, sovereign control; (B) is consistent with each country’s obligations under the Nuclear Non-Proliferation Treaty; and (C) supports nonproliferation objectives; and (11) continued cooperation between the nuclear programs of United States and the United Kingdom is essential to ensuring that the NATO alliance continues to be supported by credible nuclear forces capable of preserving peace, preventing coercion, and deterring aggression. (b) Briefing Not later than March 4, 2023, the Under Secretary of Defense for Acquisition and Sustainment shall brief the Committees on Armed Services of the Senate and the House of Representatives on opportunities to further enhance and strengthen the bilateral partnership between the nuclear enterprises of the United States and the United Kingdom, including potential cooperation in areas such as advanced manufacturing, microelectronics, supercomputing, and production modernization. 1518. Limitation on use of funds until submission of reports on intercontinental ballistic missile force (a) Limitation Of the funds authorized to be appropriated by this Act for fiscal year 2023 for the Office of the Under Secretary of Defense for Policy, not more than 50 percent may be obligated or expended until the Secretary of Defense submits to the congressional defense committees the reports and documents required under section 1647 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 2097). (b) Report required (1) In general Not later than the date specified in paragraph (2), the Secretary of Defense shall submit to the congressional defense committees— (A) any covered review completed in 2021 or 2022; and (B) a report summarizing any policy, programmatic, operational, or budgetary decisions of the Secretary of Defense arising from the results of any covered review completed in 2021 or 2022. (2) Date specified The date specified in this paragraph is the latter of— (A) the date that is 15 days after the date of the enactment of this Act; or (B) the date that is 15 days after the President submits to Congress a budget for fiscal year 2023 pursuant to section 1105 of title 31, United States Code. (3) Covered review defined In this section, the term covered review means any review initiated in 2021 or 2022 by an entity pursuant to an agreement or contract with the Federal Government regarding— (A) a service life extension program for LGM–30G Minuteman III intercontinental ballistic missiles; or (B) the future of the intercontinental ballistic missile force. 1519. Prohibition on reduction of the intercontinental ballistic missiles of the United States (a) Prohibition Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act for fiscal year 2023 for the Department of Defense may be obligated or expended for the following, and the Department may not otherwise take any action to do the following: (1) Reduce, or prepare to reduce, the responsiveness or alert level of the intercontinental ballistic missiles of the United States. (2) Reduce, or prepare to reduce, the quantity of deployed intercontinental ballistic missiles of the United States to a number less than 400. (b) Exception The prohibition in subsection (a) shall not apply to any of the following activities: (1) The maintenance, sustainment, or replacement of intercontinental ballistic missiles. (2) Ensuring the safety, security, or reliability of intercontinental ballistic missiles. 1520. Limitation on use of funds for B83–1 retirement and report on defeating hard and deeply buried targets (a) Limitation on use of funds Except as provided in subsection (c), none of the funds authorized to be appropriated by this Act for fiscal year 2023 for the Department of Defense or the Department of Energy for the purpose of deactivating, dismantling, or retiring the B83–1 nuclear gravity bomb may be obligated or expended until the Secretary of Defense and the Secretary of Energy submit to the Committees on Armed Services of the Senate and the House of Representatives the report required by subsection (b). (b) Report required (1) In general The Secretary of Defense and the Secretary of Energy, acting through the Nuclear Weapons Council established under section 179 of title 10, United States Code, and the Joint Requirements Oversight Council and in consultation with the Director of National Intelligence, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the defeat of hard and deeply buried targets. (2) Elements The report required by paragraph (1) shall include— (A) a review of Department of Defense requirements for defeating hard and deeply buried targets, including facilities designed for the storage or manufacture of nuclear, chemical, and biological weapons and their precursors; (B) an evaluation of the sufficiency of current and planned conventional and nuclear military capabilities to satisfy such requirements; (C) an identification of likely future trajectories in the worldwide use and proliferation of hard and deeply buried targets; (D) an assessment of the resources, research and development efforts, and capability options needed to ensure that the United States maintains the ability to defeat hard and deeply buried targets and other related requirements; and (E) a determination of the capability and cost of each resource, effort, and option assessed under subparagraph (D). (3) Assessment In order to perform the assessment required by paragraph (2)(D), the Secretary of Defense and the Secretary of Energy may conduct any limited research and development that either such Secretary determines is necessary to perform the assessment. (4) Form The report required under this subsection shall be submitted in unclassified form, but may include a classified annex if necessary. (c) Exception The limitation on the use of funds under subsection (a) does not apply to the deactivation, dismantling, or retirement of B83–1 nuclear gravity bombs for the express purpose of supporting sustainment, life extension, or modification programs for other weapons currently in, or planned to become part of, the United States nuclear weapons stockpile. 1521. Limitation on use of funds for naval nuclear fuel systems based on low-enriched uranium (a) Limitation None of the funds authorized to be appropriated for fiscal year 2023 for the National Nuclear Security Administration for the purposes of conducting research and development of an advanced naval nuclear fuel system based on low-enriched uranium may be obligated or expended until the following determinations are submitted to the congressional defense committees: (1) A determination made jointly by the Secretary of Energy and the Secretary of Defense with respect to whether the determination made jointly by the Secretary of Energy and the Secretary of the Navy pursuant to section 3118(c)(1) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 129 Stat. 1196) and submitted to the congressional defense committees on March 25, 2018, that the United States should not pursue research and development of an advanced naval nuclear fuel system based on low-enriched uranium, remains valid. (2) A determination by the Secretary of the Navy with respect to whether an advanced naval nuclear fuel system based on low-enriched uranium can be produced that would not reduce vessel capability, increase expense, or reduce operational availability as a result of refueling requirements. (b) Report required Not later than 60 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall submit to the congressional defense committees a report on activities conducted using amounts made available for fiscal year 2022 for nonproliferation fuels development, including a description of any progress made toward technological or nonproliferation goals as a result of such activities. 1522. Further limitation on use of funds until submission of analysis of alternatives for nuclear sea-launched cruise missile Of the funds authorized to be appropriated by this Act for fiscal year 2023 for the Office of the Under Secretary of Defense for Policy, not more than 75 percent may be obligated or expended until the Secretary of Defense submits to the congressional defense committees the analysis and provides to such committees the briefing required by section 1641 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 2092). 1523. Modification of reports on Nuclear Posture Review implementation Section 491(c) of title 10, United States Code is amended— (1) in the heading, by striking 2010 and inserting 2022 ; (2) in the matter preceding paragraph (1)— (A) by striking 2012 through 2021 and inserting 2022 through 2031 ; and (B) by striking 2010 and inserting 2022 ; and (3) by striking paragraph (1) and inserting the following new paragraph (1.): (1) ensure that the report required by section 492a of this title is transmitted to Congress, if so required under such section; . 1524. Modification of requirements for plutonium pit production capacity plan (a) Notification required Section 4219(c) of the Atomic Energy Defense Act ( 50 U.S.C. 2538a(c) ) is amended— (1) by striking that subsection, by and inserting the following: that subsection— (1) by not later than March 5 of such year, the Chairman of the Nuclear Weapons Council shall notify the congressional defense committees whether the Administration has provided the Nuclear Weapons Council with sufficient information to develop the plan required by paragraph (2); and (2) by ; and (2) by striking subsection (a). Such plan and inserting subsection (a), which . (b) Limitation on use of funds Of the funds authorized to be appropriated by this Act for fiscal year 2023 for the Office of the Under Secretary of Defense for Acquisition and Sustainment, not more than 75 percent may be obligated or expended until the Chairman of the Nuclear Weapons Council submits to the congressional defense committees a plan required by section 4219(c)(2) of the Atomic Energy Defense Act, as amended by subsection (a). 1525. Extension of requirement to report on nuclear weapons stockpile Section 492a(a)(1) of title 10, United States Code, is amended by striking 2024 and inserting 2029 . 1526. Extension of requirement for annual assessment of cyber resiliency of nuclear command and control system Section 499(e) of title 10, United States Code, is amended by striking December 31, 2027 and inserting December 31, 2032 . 1527. Extension of requirement for unencumbered uranium plan Section 4221(a) of the Atomic Energy Defense Act ( 50 U.S.C. 2538c(a) ) is amended by striking 2026 and inserting 2030 . 1528. Extension of pit production annual certification Section 3120(e) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 2294) is amended in the matter preceding paragraph (1) by striking 2025 and inserting 2030 . 1529. Elimination of obsolete reporting requirements relating to plutonium pit production Section 3120 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 2292) is amended— (1) by striking subsections (b), (c), (d), and (g); (2) by redesignating subsections (e) and (f) as subsections (b) and (c), respectively; (3) in subsection (b), as so redesignated— (A) in the matter preceding paragraph (1), by striking 2025 and inserting 2029 ; and (B) in paragraph (3), by inserting , as in effect on the day before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2023 after subsection (c)(1) ; and (4) in subsection (c), as so redesignated, by striking subsection (e) each place it appears and inserting subsection (b) . 1530. Technical amendment to additional report matters on strategic delivery systems Section 495(b) of title 10, United States Code, is amended in the matter preceding paragraph (1) by striking 1043 of the National Defense Authorization Act for Fiscal Year 2012 and inserting 492a of this title . C Missile Defense 1541. Persistent cybersecurity operations for ballistic missile defense systems and networks (a) Plan Not later than May 1, 2023, the Director of the Missile Defense Agency, in coordination with the Director for Operational Test and Evaluation, shall develop a plan to conduct persistent cybersecurity operations across all networks and information systems supporting the Ballistic Missile Defense System. (b) Elements The plan required by subsection (a) shall include the following: (1) An inventory of all networks and information systems that support the Ballistic Missile Defense System. (2) A strategy— (A) for coordinating with the applicable Combatant Commands on persistent cybersecurity operations; and (B) in which the Director for Operational Test and Evaluation monitors and reviews such operations and provides independent assessments of their adequacy and sufficiency. (3) A plan for how the Missile Defense Agency will respond to cybersecurity testing recommendations made by the Director for Operational Test and Evaluation. (4) The timeline required to execute the plan. (c) Briefings The Director of the Missile Defense Agency shall provide to the congressional defense committees a briefing— (1) not later than May 15, 2023, on the plan developed under subsection (a); and (2) not later than December 30, 2023, on progress made towards implementing such plan. 1542. Middle East integrated air and missile defense (a) In general The Secretary of Defense shall seek to cooperate with allies and partners in the Middle East to identify an architecture and develop an acquisition approach for the countries specified in subsection (b) to implement an integrated air and missile defense capability to protect the people, infrastructure, and territory of such countries from cruise and ballistic missiles, manned and unmanned aerial systems, and rocket attacks from Iran and groups linked to Iran. (b) Countries specified The countries specified in this subsection are as follows: (1) Countries of the Gulf Cooperation Council. (2) Iraq. (3) Israel. (4) Jordan. (5) Egypt. (6) Such other regional allies or partners of the United States as the Secretary may identify. (c) Strategy (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a strategy on cooperation with allies and partners in the Middle East to identify an architecture and develop an acquisition approach for the countries specified in subsection (b) to implement an integrated air and missile defense capability to protect the people, infrastructure, and territory of such countries from cruise and ballistic missiles, manned and unmanned aerial systems, and rocket attacks from Iran and groups linked to Iran. (2) Contents The strategy submitted under paragraph (1) shall include the following: (A) An assessment of the threat of ballistic and cruise missiles, manned and unmanned aerial systems, and rocket attacks from Iran and groups linked to Iran to the countries specified in subsection (b). (B) A description of current efforts to coordinate indicators and warnings from such attacks with the countries specified in subsection (b). (C) A description of current systems to defend against attacks in coordination with the countries specified in subsection (b). (D) An explanation of how an integrated air and missile defense architecture would improve collective security in the region covered by the countries specified in subsection (b). (E) A description of efforts to engage specified foreign partners in establishing such an architecture. (F) An identification of elements of the integrated air and missile defense architecture that— (i) can be acquired and operated by specified foreign partners; and (ii) can only be provided and operated by members of the Armed Forces. (G) An identification of any challenges in establishing an integrated air and missile defense architecture with specified foreign partners. (H) An assessment of progress, and key challenges, in the implementation of the strategy using such metrics identified under paragraph (4). (I) Recommendations for improvements in the implementation of the strategy based on the metrics identified under paragraph (4). (J) Such other matters as the Secretary considers relevant. (3) Protection of sensitive information Any activity carried out under paragraph (1) shall be conducted in a manner that appropriately protects sensitive information and the national security interests of the United States. (4) Metrics The Secretary shall identify metrics to assess progress in the implementation of the strategy required in paragraph (1). (5) Format The strategy submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (d) Feasibility study (1) In general Not later than 180 days after the date of the enactment of this act, the Secretary of Defense shall— (A) complete a study on the feasibility and advisability of establishing a fund for an integrated air and missile defense system to counter the threats from cruise and ballistic missiles, manned and unmanned aerial systems, and rocket attacks for the countries specified in subsection (b) from Iran and groups linked with Iran; and (B) submit to the congressional defense committees the findings of the Secretary with respect to the study completed under subparagraph (A). (2) Assessment of contributions The study completed under paragraph (1)(A) shall include an assessment of funds that could be contributed by allies of the United States and countries that are partners with the United States. 1543. Designation of a Department of Defense individual responsible for missile defense of Guam (a) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall designate a senior Department of Defense individual responsible for the missile defense of Guam. (b) Duties The duties of the individual designated under subsection (a) shall include the following: (1) Designing the architecture of the missile defense system for defending Guam. (2) Overseeing development of an integrated missile defense acquisition strategy for the missile defense of Guam. (3) Ensuring the military service and Defense agency component budgets are appropriate for the strategy described in paragraph (2). (4) Siting the integrated missile defense system described in paragraph (2). (5) Overseeing long-term acquisition and sustainment of the missile defense system for Guam. (6) Such other duties as the Secretary considers appropriate. (c) Program treatment The integrated missile defense system referred to in subsection (b) shall be designated as special interest acquisition category 1D program and shall be managed as consistent with Department of Defense Instruction 5000.85 Major Capability Acquisition . (d) Report Concurrent with the submittal of each budget of the President under section 1105(a) of title 31, United States Code, the individual designated under subsection (a) shall submit to the congressional defense committees a report on the actions taken by the individual to carry out the duties set forth under subsection (b). (e) Termination Subsections (a) and (d) shall terminate on the date that is three years after the date on which the individual designated under subsection (a) determines that the integrated missile defense system described in subsection (b)(2) has achieved initial operational capability. 1544. Modification of provision requiring funding plan for next generation interceptors for missile defense of United States homeland Section 1668 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ) is amended— (1) in subsection (a)(2), by striking at least 20 and inserting no fewer than 64 ; (2) in subsection (b), by striking fiscal year 2023 and inserting fiscal year 2024 ; and (3) in subsection (c)— (A) in the matter before paragraph (1)— (i) by striking 30 days prior to any and inserting 90 days prior to implementation of a ; and (ii) by striking Director and inserting Secretary of Defense ; and (B) in paragraph (2), by striking Director and inserting Secretary . 1545. Biannual briefing on missile defense and related activities (a) In general On or about June 1 and December 1 of each calendar year, the officials specified in subsection (b) shall brief the Committees on Armed Services of the Senate and the House of Representatives on matters relating to missile defense policies, operations, technology development, and other similar topics as requested by such committees. (b) Officials specified The officials specified in this subsection are the following: (1) The Assistant Secretary of Defense for Acquisition. (2) The Assistant Secretary of Defense for Space Policy. (3) The Director of the Missile Defense Agency. (4) The Director for Strategy, Plans, and Policy (J5) of the Joint Staff. (c) Delegation An official specified in subsection (b) may delegate the authority to provide a briefing required by subsection (a) to any employee of such official who is a member of the Senior Executive Service. (d) Termination This section terminates on January 1, 2028. 1546. Improving acquisition accountability reports on the ballistic missile defense system Section 225 of title 10, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (1)(C), by striking and flight and inserting , flight, and cybersecurity ; (B) in paragraph (2), by striking subparagraph (C) and inserting the following new subparagraph (C): (C) how the proposed capability satisfies a capability requirement or performance attribute identified through— (i) the missile defense warfighter involvement process, as governed by United States Strategic Command Instruction 538-03 or the document that amends or replaces it; or (ii) processes and products approved by the Joint Chiefs of Staff or Joint Requirements Oversight Council; ; (C) in paragraph (3)— (i) in subparagraph (C), by striking ; and and inserting a semicolon; (ii) in subparagraph (D), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following new subparagraph: (E) an explanation for why a program joint cost analysis requirements description has not been prepared and approved, and, if a program joint cost analysis requirements description is not applicable, the rationale. ; (2) in subsection (c)(2)— (A) in subparagraph (B)(ii)— (i) in subclause (I)— (I) by striking initial and inserting original ; and (II) by striking ; and and inserting a semicolon; (ii) in subclause (II), by striking the period at the ending and inserting ; and ; and (iii) by adding at the end the following new subclause: (III) the most recent adjusted or revised acquisition baseline for such program element or major subprogram under subsection (d). ; and (B) by adding at the end the following new subparagraph: (C) (i) In this paragraph, the term original acquisition baseline means the first acquisition baseline created. (ii) An original acquisition baseline has no previous iterations; it has not been adjusted or revised. (iii) Any acquisition baselines resulting from adjustments or revisions to the original acquisition baseline shall not be considered the original acquisition baseline for the purposes of reporting under this section. (iv) Any acquisition baseline adjusted or revised pursuant to subsection (d) shall not be considered an original acquisition baseline. ; (3) in subsection (e)— (A) in paragraph (1), by striking ; and and inserting a semicolon; (B) by paragraph (2), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following new paragraphs: (3) the amount of operations and sustainment costs (dollar value and base year) for which the military department or other Department entity is responsible; and (4) (A) a citation to the source (such as a joint cost estimate or one or more military department estimates) that captures the operations and sustainment costs for which a military department or other Department entity is responsible; (B) the date the source was prepared; and (C) if and when the source was independently verified by the Office for Cost Assessment and Program Evaluation. ; and (4) by adding at the end the following new subsections: (f) Total system costs (1) The Director shall identify the total system costs for each element that comprises the missile defense system, without regard to funding source or management control (such as the Missile Defense Agency, a military department, or other Department entity), in annual reports submitted under subsection (c). (2) The elements referred to in paragraph (1) shall include the following: (A) Research and development. (B) Procurement. (C) Military construction. (D) Operations and sustainment. (E) Disposal. (3) In this subsection, the term total system costs means all combined costs from closed, canceled, and active acquisition baselines, as well as any costs shifted to or a part of future efforts without an established acquisition baseline, and any costs under the responsibility of a military department or other Department entity. . 1547. Iron Dome short-range rocket defense system and Israeli cooperative missile defense program co-development and co-production (a) Iron Dome short-range rocket defense system (1) Availability of funds Of the funds authorized to be appropriated by this Act for fiscal year 2023 for procurement, Defense-wide, and available for the Missile Defense Agency, not more than $80,000,000 may be provided to the Government of Israel to procure components for the Iron Dome short-range rocket defense system through co-production of such components in the United States by industry of the United States. (2) Conditions (A) Agreement Funds described in paragraph (1) for the Iron Dome short-range rocket defense program shall be available subject to the terms and conditions in the Agreement Between the Department of Defense of the United States of America and the Ministry of Defense of the State of Israel Concerning Iron Dome Defense System Procurement, signed on March 5, 2014, as amended to include co-production for Tamir interceptors. (B) Certification Not later than 30 days prior to the initial obligation of funds described in paragraph (1), the Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees— (i) a certification that the amended bilateral international agreement specified in subparagraph (A) is being implemented as provided in such agreement; (ii) an assessment detailing any risks relating to the implementation of such agreement; and (iii) for system improvements resulting in modified Iron Dome components and Tamir interceptor sub-components, a certification that the Government of Israel has demonstrated successful completion of Production Readiness Reviews, including the validation of production lines, the verification of component conformance, and the verification of performance to specification as defined in the Iron Dome Defense System Procurement Agreement, as further amended. (b) Israeli cooperative missile defense program, David's Sling Weapon System co-production (1) In general Subject to paragraph (3), of the funds authorized to be appropriated for fiscal year 2023 for procurement, Defense-wide, and available for the Missile Defense Agency not more than $40,000,000 may be provided to the Government of Israel to procure the David's Sling Weapon System, including for co-production of parts and components in the United States by United States industry. (2) Agreement Provision of funds specified in paragraph (1) shall be subject to the terms and conditions in the bilateral co-production agreement, including— (A) a one-for-one cash match is made by Israel or in another matching amount that otherwise meets best efforts (as mutually agreed to by the United States and Israel); and (B) co-production of parts, components, and all-up rounds (if appropriate) in the United States by United States industry for the David's Sling Weapon System is not less than 50 percent. (3) Certification and assessment The Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees— (A) a certification that the Government of Israel has demonstrated the successful completion of the knowledge points, technical milestones, and Production Readiness Reviews required by the research, development, and technology agreement and the bilateral co-production agreement for the David's Sling Weapon System; and (B) an assessment detailing any risks relating to the implementation of such agreement. (c) Israeli cooperative missile defense program, Arrow 3 Upper Tier Interceptor Program co-production (1) In general Subject to paragraph (2), of the funds authorized to be appropriated for fiscal year 2023 for procurement, Defense-wide, and available for the Missile Defense Agency not more than $80,000,000 may be provided to the Government of Israel for the Arrow 3 Upper Tier Interceptor Program, including for co-production of parts and components in the United States by United States industry. (2) Certification The Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees a certification that— (A) the Government of Israel has demonstrated the successful completion of the knowledge points, technical milestones, and Production Readiness Reviews required by the research, development, and technology agreement for the Arrow 3 Upper Tier Interceptor Program; (B) funds specified in paragraph (1) will be provided on the basis of a one-for-one cash match made by Israel or in another matching amount that otherwise meets best efforts (as mutually agreed to by the United States and Israel); (C) the United States has entered into a bilateral international agreement with Israel that establishes, with respect to the use of such funds— (i) in accordance with subparagraph (D), the terms of co-production of parts and components on the basis of the greatest practicable co-production of parts, components, and all-up rounds (if appropriate) by United States industry and minimizes nonrecurring engineering and facilitization expenses to the costs needed for co-production; (ii) complete transparency on the requirement of Israel for the number of interceptors and batteries that will be procured, including with respect to the procurement plans, acquisition strategy, and funding profiles of Israel; (iii) technical milestones for co-production of parts and components and procurement; (iv) a joint affordability working group to consider cost reduction initiatives; and (v) joint approval processes for third-party sales; and (D) the level of co-production described in subparagraph (C)(i) for the Arrow 3 Upper Tier Interceptor Program is not less than 50 percent. (d) Number In carrying out paragraph (2) of subsection (b) and paragraph (2) of subsection (c), the Under Secretary may submit— (1) one certification covering both the David's Sling Weapon System and the Arrow 3 Upper Tier Interceptor Program; or (2) separate certifications for each respective system. (e) Timing The Under Secretary shall submit to the congressional defense committees the certification and assessment under subsection (b)(3) and the certification under subsection (c)(2) no later than 30 days before the funds specified in paragraph (1) of subsections (b) and (c) for the respective system covered by the certification are provided to the Government of Israel. (f) Appropriate congressional committees defined In this section, the term appropriate congressional committees means the following: (1) The congressional defense committees. (2) The Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. 1548. Making permanent prohibitions relating to missile defense information and systems Section 130h of title 10, United States Code, is amended by striking subsection (e). 1549. Limitation on use of funds until missile defense designations have been made Of the funds authorized to be appropriated by this Act for fiscal year 2023 for operation and maintenance, Defense-wide, and available for the Office of the Secretary of Defense, not more than 90 percent may be obligated or expended until the date on which the Secretary notifies the congressional defense committees that designations required by section 1684(e) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ) have been made. D Other matters 1551. Integration of electronic warfare into Tier 1 and Tier 2 joint training exercises (a) In general During fiscal years 2023 through 2027, the Chairman of the Joint Chiefs of Staff shall require that offensive and defensive electronic warfare capabilities be integrated into Tier 1 and Tier 2 joint training exercises. (b) Requirement to include opposing force The Chairman shall require exercises conducted under subsection (a) to include an opposing force design based on a current intelligence assessment of the electronic warfare order of battle and capabilities of an adversary. (c) Waiver The Chairman may waive the requirement under subsection (a) with respect to an exercise if the Chairman determines that— (1) the exercise does not require— (A) a demonstration of electronic warfare capabilities; or (B) a militarily significant threat from electronic warfare attack; or (2) the integration of offensive and defensive electronic warfare capabilities into the exercise is cost prohibitive or not technically feasible based on the overall goals of the exercise. (d) Briefing required Concurrent with the submission of the budget of the President to Congress pursuant to section 1105(a) of title 31, United States Code, for fiscal years 2023 through 2027, the Chairman shall provide to the congressional defense committees a briefing on exercises conducted under subsection (a) that includes— (1) a description of such exercises planned and included in the budget submission for that fiscal year; and (2) the results of each such exercise conducted in the preceding fiscal year, including— (A) the extent to which offensive and defensive electronic warfare capabilities were integrated into the exercise; (B) an evaluation and assessment of the exercise to determine the impact of the adversary on the participants in the exercise, including— (i) joint lessons learned; (ii) high interest training issues; and (iii) high interest training requirements; and (C) whether offensive and defense electronic warfare capabilities were part of an overall joint fires and, if so, a description of how. (e) Definitions In this section: (1) Joint fires The term joint fires has the meaning of that term as used in the publication of the Joint Staff entitled, Insights and Best Practices Focus Paper on Integration and Synchronization of Joint Fires , and dated July 2018. (2) Tier 1; Tier 2 The term Tier 1 and Tier 2 , with respect to joint training exercises, have the meanings given those terms in the Joint Training Manual for the Armed Forces of the United States (Document No. CJCSM 3500.03E), dated April 20, 2015. 1552. Responsibilities and functions relating to electromagnetic spectrum operations Section 1053(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 113 note), as amended by section 907 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ), is further amended— (1) by striking paragraphs (1) and (2); (2) by inserting the following new paragraph (1): (1) Report required (A) Not later than March 31, 2023, the Secretary of Defense shall submit to the congressional defense committees a report on the appropriate alignment of electromagnetic spectrum operations responsibilities and functions. (B) Considerations In developing the report required by subparagraph (A), the Secretary shall consider the following: (i) All appropriate entities that are in effect, including elements of the Joint Staff, the functional and geographic combatant commands, the offices and agencies of the Department of Defense, and other organizations and the establishment of a new entity for electromagnetic spectrum operations within any of the entities currently in effect. (ii) Whether electromagnetic spectrum operations organization should have unitary structure or hybrid structure (in which operational and capability development and direction are headed by separate organizations). (C) The resources required to fulfill the specified responsibilities and functions. ; (3) by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively; and (4) in the subsection heading, by inserting Reports and plans concerning before transfer . 1553. Extension of authorization for protection of certain facilities and assets from unmanned aircraft Section 130I(i) of title 10, United States Code, is amended by striking 2023 both places it appears and inserting 2026 . 1554. Department of Defense support for requirements of the White House Military Office (a) Membership on Council on Oversight of the National Leadership Command, Control, and Communications System Section 171a(b) of title 10, United States Code, is amended by— (1) redesignating paragraph (7) as paragraph (8); and (2) inserting after paragraph (6) the following new paragraph (7): (7) The Director of the White House Military Office. . (b) Acquisition portfolio manager The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall designate a senior official to oversee, coordinate, and advocate for the portfolio of Department of Defense acquisitions in support of requirements of the White House Military Office. (c) Accessibility of information The programmatic and budgetary information required to assess the efficacy of Department of Defense acquisitions supporting requirements of the White House Military Office shall be provided to the senior official designated under subsection (b) by the following officials: (1) The Secretary of each military department. (2) The Under Secretary of Defense for Policy. (3) The Under Secretary of Defense for Research and Engineering. (4) The Chairman of the Joint Chiefs of Staff. (5) The Director of Cost Assessment and Program Evaluation. (d) Annual briefing Not later than 30 days after the date on which the President submits to Congress a budget for each of fiscal years 2024 through 2027 pursuant to section 1105(a) of title 31, United States Code, the Under Secretary of Defense for Acquisition and Sustainment and the Director of the White House Military Office shall jointly brief the congressional defense committees on acquisition programs, plans, and other activities supporting the requirements of the White House Military Office. XVI Cyberspace-related matters A Matters relating to cyber operations and cyber forces 1601. Annual assessments and reports on assignment of certain budget control responsibility to Commander of United States Cyber Command (a) Annual assessments (1) In general In fiscal year 2023 and not less frequently than once each fiscal year thereafter through fiscal year 2028, the Commander of United States Cyber Command, in coordination with the Principal Cyber Advisor of the Department of Defense, shall assess the implementation of the transition of responsibilities assigned to the Commander by section 1507(a)(1) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ). (2) Elements Each assessment carried out under paragraph (1) shall include the following: (A) Assessment of the operational and organizational effect of the transition on the training, equipping, operation, sustainment, and readiness of the Cyber Mission Forces. (B) Development of a description of the cyber systems, activities, capabilities, resources, and functions that have been transferred from the military departments to control of the Commander and those that have not been transitioned. (C) Formulation of an opinion by the Commander as to whether the cyber systems, activities, capabilities, resources, and functions that have not been transitioned should be transitioned. (D) Assessment of the adequacy of resources, authorities, and policies required to implement the transition, including organizational, functional, and personnel matters. (E) Assessment of reliance on resources, authorities, policies, or personnel external to United States Cyber Command in support of the budget control of the Commander. (F) Identification of any outstanding areas for transition. (G) Such other matters as the Commander considers appropriate. (b) Annual reports For each fiscal year in which the Commander conducted an assessment under subsection (a)(1), the Commander shall, not later than 90 days after the end of such fiscal year, 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 Commander with respect to such assessment. 1602. Alignment of Department of Defense cyber international strategy with National Defense Strategy and Department of Defense Cyber Strategy (a) Alignment required Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, acting through the Under Secretary of Defense for Policy and in coordination with the Commander of United States Cyber Command, the Director of the Joint Staff J5, and the commanders of geographic combatant commands, undertake efforts to align the Department of Defense cybersecurity cooperation enterprise and the Department’s cyberspace operational partnerships with the National Defense Strategy, Department of Defense Cyber Strategy, and the 2019 Department of Defense International Cyberspace Security Cooperation Guidance. (b) Elements The alignment efforts required by subsection (a) shall include the following efforts within the Department of Defense: (1) Efforts to build the Department’s internal capacity to support international strategy policy engagements with allies and partners. (2) Efforts to coordinate and align cyberspace operations with foreign partners, including alignment between hunt forward missions and other cyber international strategy activities conducted by the Department, including identification of processes, working groups, and methods to facilitate coordination between geographic combatant commands and United States Cyber Command. (3) Efforts to deliberately cultivate operational and intelligence-sharing partnerships with key allies and partners to advance the cyberspace operations objectives of the Department. (4) Efforts to identify key allied and partner networks, infrastructure, and systems that the Joint Force will rely upon for warfighting and to— (A) support the cybersecurity and cyber defense of those networks, infrastructure, and systems; (B) build partner capacity to actively defend those networks, infrastructure, and systems; (C) eradicate malicious cyber activity that has compromised those networks, infrastructure, and systems, such as when identified through hunt forward operations; and (D) leverage United States commercial and military cybersecurity technology and services to harden and defend those networks, infrastructure, and systems. (5) Efforts to secure United States mission partner environments and networks used to hold United States origin intelligence and information. (6) Prioritization schemas, funding requirements, and efficacy metrics to drive cyberspace security investments in the tools, technologies, and capacity-building efforts that will have the greatest positive impact on the ability of the Department’s resilience and ability to execute its operational plans and achieve integrated deterrence. (c) Organization The Under Secretary of Defense for Policy shall lead efforts to implement this section. In doing so, the Under Secretary shall consult with the Secretary of State, the National Cyber Director, the Director of Cybersecurity and Infrastructure Security Agency, and the Director of the Federal Bureau of Investigation, to align plans and programs as appropriate. (d) Annual briefings (1) In general Not later than 180 days after the date of the enactment of this Act and not less frequently than once each fiscal year until September 30, 2025, the Under Secretary of Defense for Policy shall provide to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives annual briefings on the implementation of this section. (2) Contents The briefing required by paragraph (1) shall include the following: (A) An overview of efforts undertaken pursuant to this section. (B) An accounting of all the Department’s security cooperation activities germane to cyberspace and changes made pursuant to implementation of this section. (C) A detailed schedule with target milestones and required expenditures for all planned activities related to the efforts described in subsection (b). (D) Interim and final metrics for building the cyberspace security cooperation enterprise of the Department. (E) Identification of such additional funding, authorities, and policies, as the Under Secretary determines may be required. (F) Such recommendations as the Under Secretary may have for legislative action to improve the effectiveness of cyberspace security cooperation of the Department with foreign partners and allies. (e) Annual report Not later than 90 days after the date of the enactment of this Act and not less frequently than once each year thereafter until January 1, 2025, the Under Secretary of Defense for Policy shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives an annual report summarizing the cyber international strategy activities of the Department, including within the cybersecurity cooperation enterprise of the Department and the cyber operational partnerships of the Department. 1603. Correcting cyber mission force readiness shortfalls (a) Plan and briefing required Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall jointly— (1) develop a plan to correct readiness shortfalls in the Cyber Mission Forces; (2) develop recommendations for such legislative action as the Secretary and the Chairman jointly consider appropriate to correct the readiness shortfalls described in paragraph (1); and (3) provide the congressional defense committees a briefing on the plan developed under paragraph (1) and the recommendations developed under paragraph (2). (b) Implementation Not later than 30 days after the date of the briefing provided under paragraph (3) of subsection (a), the Secretary and the Chairman shall commence implementation of the aspects of the plan developed under paragraph (1) of such subsection that are not dependent upon legislative action. (c) Matters to be addressed In developing the plan, the Secretary and the Chairman shall consider and explicitly address through analysis the following potential courses of action, singly and in combination, to increase the availability of personnel in key work roles: (1) Determining the correct number of personnel necessary to fill key work roles, including the proper force mix of civilian, military, and contractor personnel, and the means necessary to meet those requirements. (2) Employing civilians rather than military personnel in key work roles. (3) Expanding training capacity. (4) Modifying or creating new training models. (5) Maximizing use of compensation and incentive authorities, including increasing bonuses and special pays, and alternative compensation mechanisms. (6) Modifying career paths and service policies to permit consecutive assignments in key work roles without jeopardizing promotion opportunities. (7) Increasing service commitments following training commensurate with the value of the key work role training. (8) Standardizing compensation models across the services. (9) Requiring multiple rotations within the Cyber Mission Forces for key work roles. (10) Adopting and implementing what are known as rank in person policies that enable civilian personnel to be promoted on the basis of skills and abilities demonstrated in a given position. (d) Key work roles defined In this section, the term key work roles means work roles that consist of access development, tool development, and exploitation analysis. 1604. Cybersecurity cooperation training at Joint Military Attaché School (a) Refining and expanding training Not later than 270 days after the date of the enactment of this Act, the Under Secretary of Defense for Intelligence and Security shall, in coordination with the Commander of United States Cyber Command and the Under Secretary of Defense for Policy, refine and expand current cybersecurity cooperation training at the Joint Military Attaché School. (b) Elements The cybersecurity cooperation training developed under subsection (a) shall include the following: (1) An overview of the different purposes of cyberspace engagements with partners and allies, including threat awareness, cybersecurity, mission assurance, and operations. (2) An overview of the types of cybersecurity cooperation available for partners and allies of the United States, including bilateral and multilateral cyberspace engagements, information and intelligence sharing, training, and exercises. (3) An overview of the United States Cyber Command cyberspace operations with partners, including an overview of the Hunt Forward mission and process. (4) Description of roles and responsibilities of United States Cyber Command, the geographic combatant commands, and the Defense Security Cooperation Agency for cybersecurity cooperation within the Department of Defense. (5) Such other matters as the Under Secretary of Defense for Intelligence and Security, in coordination with the Under Secretary of Defense for Policy and the Commander of United States Cyber Command, consider appropriate. (c) Requirements The training developed under subsection (a) shall be a required element for all participants in the Attaché Training Program and the Attaché Staff Training Program of the Joint Military Attaché School. (d) Briefing Not later than 30 days after completing development of the training under subsection (a), the Under Secretary of Defense for Intelligence and Security shall, in coordination with the Commander of United States Cyber Command and the Under Secretary of Defense for Policy, provide a briefing to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on the training and the timeline for implementation within the program specified in subsection (c). Such briefing shall also include a plan for future updates and sustainment of the training developed in subsection (a). 1605. Strategy, force, and capability development for cyber effects and security in support of operational forces (a) Strategy required (1) In general The Deputy Secretary of Defense shall, in coordination with the Vice Chairman of the Joint Chiefs of Staff and in consultation with the Director of National Intelligence, develop a strategy for converged cyber and electronic warfare conducted by and through deployed military and intelligence assets operating in the radiofrequency domain to provide strategic, operational, and tactical effects in support of combatant commanders. (2) Means The strategy developed under paragraph (1) shall specify means for supporting the strategy that include apertures and emitters that are space-based, airborne, ground-based, and sea-based. (3) Targets The strategy developed under paragraph (1) may specify targets of the strategy that include the range of electronic systems embedded in adversary space-based, airborne, ground-based, and maritime forces. (4) Access to information In developing the strategy required by paragraph (1), the Deputy Secretary shall ensure that the strategy development team has access to all relevant programs, activities, and capabilities ongoing within the Department of Defense, including special access programs and other compartmented access programs. (b) Recommendations for deconfliction and coordination The Vice Chairman shall, in consultation with the geographic combatant commanders, the Commander of United States Cyber Command, and the Commander of Strategic Command, submit to the Deputy Secretary and the Chairman of the Joint Chiefs of Staff recommendations regarding command and control, deconfliction, and coordination relationships and processes between combatant commanders and the Commander of United States Cyber Command regarding tactical cyber operations and converged cyber and electronic warfare operations conducted prior to and during armed conflict. (c) Requirements for service retained cyber forces In parallel and in coordination with the development of the strategy under subsection (a), the Deputy Secretary and the Vice Chairman shall develop requirements for service-retained tactical cyber forces for offensive and defensive cyber missions— (1) to defend deployed information technology and operational technology networks, intelligence systems, command and control nodes, tactical data networks, and weapon platforms and systems; (2) to conduct offensive actions to achieve effects against adversary weapons systems, platforms, sensor systems, and tactical and operational command and control networks and communications systems; and (3) to develop the intelligence requirements, strategy, and requisite data flows to support converged cyber and electronic warfare operations. (d) Capability development and transition processes The Deputy Secretary shall identify, designate, and create organizational constructs and processes to continuously generate and deliver cyber and converged cyber and electronic warfare capabilities into the Cyber Mission Forces, service-retained cyber forces, and other appropriate platforms and systems that can— (1) achieve effects against adversary weapons systems, sensor systems, and tactical and operational command and control networks and communications systems; and (2) enhance the cybersecurity of deployed information technology and operational technology networks, and weapon platforms and systems operating in or from space, air, ground, and maritime domains. (e) Briefing required Not later than one year after the date of the enactment of this Act, the Deputy Secretary shall brief the congressional defense committees and the congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) on the status of the implementation of this section. 1606. Total force generation for the Cyberspace Operations Forces (a) Study (1) In general Not later than June 1, 2024, the Secretary of Defense shall complete a study on the responsibilities of the military services for organizing, training, and presenting the total force to United States Cyber Command. (2) Elements The study required by paragraph (1) shall assess the following: (A) Which military services should organize, train, and equip civilian assets and military Cyberspace Operations Forces for assignment, allocation, and apportionment to United States Cyber Command. (B) Sufficiency of the military service accession and training model to provide forces to the Cyberspace Operations Forces, as well as the sufficiency of the accessions and personnel resourcing of the supporting command and control staffs necessary as a component to United States Cyber Command. (C) The organization of the Cyberspace Operations Forces and whether the total forces or elements of the forces function best as a collection of independent teams or through a different model. (D) Under-represented work roles or skills within the Cyberspace Operations Forces, including additional work roles or skills required to enable infrastructure management and access generation. (E) What unique or training-intensive expertise is required for each of these work roles and whether native talents to master unique and training-intensive work roles can be identified and how personnel with those talents can be developed, retained, and employed across the active and reserve components. (F) The appropriate pay scales, rotation or force management policies, career paths and progression, expertise-based grading, talent management practices, and training for each of those work roles, given expected operational requirements. (G) Whether a single military service should be responsible for basic, intermediate, and advanced training for the Cyberspace Operations Forces, or at a minimum for the Cyber Mission Force. (H) The level of training required before an individual should be assigned, allocated, or apportioned to United States Cyber Command. (I) Whether or how the duties of the Director of the National Security Agency and the duties of Commander of United States Cyber Command, resting with a single individual, enable each respective organization, and whether technical directors and intelligence experts of the National Security Agency should serve rotations in the Cyberspace Operations Forces. (J) How nonmilitary personnel, such as civilian government employees, contracted experts, commercial partners, and domain or technology-specific experts in industry or the intelligence community can augment or support Cyber Mission Force teams. (K) What work roles in the Cyberspace Operations Forces can only be filled by military personnel, which work roles can be filled by civilian employees or contractors, and which work roles should be filled partially or fully by civilians due to the need for longevity of service to achieve required skill levels or retention rates. (L) How specialized cyber experience, developed and maintained in the reserve component, can be more effectively leveraged to support the Cyberspace Operations Forces through innovative force generation models. (M) Whether the Department of Defense should create a separate service to organize, train, and equip the Cyberspace Operations Forces or at a minimum the Cyber Mission Force. (N) What resources, including billets, are required to account for any recommended changes. (O) What resources the Commander of United States Cyber Command should be responsible for with respect to planning, programming, and budgeting as part of the implementation of section 1507 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ). (P) Whether the Department of Defense is maximizing partnerships with industry and other nontraditional sources of expertise in the areas of critical infrastructure protection and information sharing. (Q) Whether the Defense Readiness Reporting System of the Department of Defense is sufficient to capture Cyberspace Mission Force readiness metrics. (3) Considerations The study required by paragraph (1) shall consider existing models for total force generation practices and programs, as well as nontraditional and creative alternatives. (b) Recommendation (1) In general Not later than June 1, 2024, the Principal Cyber Advisor and the Commander of United States Cyber Command shall, jointly or separately as they consider appropriate, submit to the Secretary of Defense a recommendation or recommendations, respectively, as to the future total force generation model for the Cyberspace Operations Forces. (2) Matters addressed The recommendation or recommendations submitted under paragraph (1) shall address, at a minimum, each of the elements identified in subsection (a)(2). (c) Establishment of a new or revised model required (1) In general Not later than December 31, 2024, the Secretary of Defense shall establish a new or revised total force generation model for the Cyberspace Operations Forces. (2) Elements In establishing a new total force generation model or revising a total force generation model under paragraph (1), the Secretary shall explicitly determine the following: (A) Whether the Navy should no longer be responsible for developing and presenting forces to the United States Cyber Command as part of the Cyber Mission Force or Cyberspace Operations Forces, including recommendations for corresponding transfer of responsibilities and associated resources and personnel for the existing and future year programmed Cyberspace Operations Forces or Cyber Mission Force resources. (B) Whether a single military service should be responsible for organizing, training, and equipping the Cyberspace Operations Forces, or if different services should be responsible for different components of the Cyberspace Operations Forces. (C) Whether modification of United States Cyber Command enhanced budget control authorities are necessary to further improve total force generation for Cyberspace Operations Forces. (D) Implications of low service retention rates for critical roles within the Cyberspace Operations Forces, specifically addressing Cyber Mission Force rotations, length of service commitments, repeat tours within the Cyber Mission Force, retention incentives across the entire Cyberspace Operations Forces, and best practices for generating the future force. (d) Implementation plan Not later than June 1, 2025, the Secretary shall submit to the congressional defense committees an implementation plan for effecting the total force generation model established or revised under subsection (c). (e) Progress briefing Not later than 90 days after the date of the enactment of this Act and not less frequently than once every 180 days thereafter until receipt of the plan required by subsection (d), the Secretary shall provide the congressional defense committees with a briefing on the progress made in carrying out this section. (f) Additional considerations The Secretary shall ensure that subsections (a) through (c) are carried out with consideration to matters relating to the following: (1) The cybersecurity service providers, local defenders, and information technology personnel who own, operate, and defend the information networks of the Department of Defense. (2) Equipping the Cyberspace Operations Forces to include infrastructure management. (3) Providing intelligence support to the Cyberspace Operations Forces. (4) The resources, including billets, needed to account for any recommended changes. 1607. Management and oversight of Joint Cyber Warfighting Architecture (a) Establishment of program executive office The Deputy Secretary of Defense shall, in consultation with the Under Secretary of Defense for Acquisition and Sustainment and the Commander of United States Cyber Command, establish a program executive office (in this section referred to as the Office ) to manage and provide oversight of the implementation and integration of the Joint Cyber Warfighting Architecture (in this section referred to as the Architecture ) and the components of the Architecture. (b) Independence of Office (1) In general The Deputy Secretary shall establish the Office outside of a military service. (2) Head of Office The Deputy Secretary shall appoint the head of the Office and the head of the Office shall report to the Under Secretary and the Commander. (c) Chief architect and systems engineer The Deputy Secretary shall ensure that the Office includes a chief architect and a systems engineer to provide the management and oversight described in subsection (a). (d) Appointment of experts The Deputy Secretary shall appoint to the Office personnel from organizations with relevant and high levels of technical and operational expertise, including the following: (1) The Capabilities Directorate of the National Security Agency. (2) The Information Innovation Office of the Defense Advanced Research Projects Agency. (3) The Strategic Capabilities Office. (4) The Cyber Capabilities Support Office of the Air Force. (5) The Air Force Research Laboratory. (6) The Office of Special Projects in the Navy. (7) The operational units of the Cyber National Mission Force and cyber components of the military services. (e) Budget execution control The head of the Office shall exercise budget execution control over component programs of the Architecture that are subject to the responsibilities assigned to the Commander by section 1507 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 167b note). (f) Compliance with direction The program managers of the components of the Architecture shall comply with direction from the head of the Office, without intermediary communications from the Commander or the Under Secretary to the senior acquisition executive of the relevant military service. (g) Coordination The Director of the Defense Advanced Research Projects Agency shall coordinate closely with the head of the Office in planning and executing the Constellation program via transactions under section 4021 of title 10, United States Code, between the Agency and the companies executing the components of the Architecture to create an effective framework and pipeline system for transitioning cyber applications for operational use from the Agency and other sources. (h) Briefing required Not later than 180 days after the date of the enactment of this Act, the head of the Office and the Director shall jointly provide to the congressional defense committees a briefing on the status of the implementation of this section. (i) Independent review (1) Agreement Not later than 180 days after the date of the enactment of this Act, the Deputy Secretary of Defense shall enter into an agreement with an appropriate third-party to perform the services covered by this subsection. (2) Independent review and briefing (A) Under an agreement between the Deputy Secretary and an appropriate third-party, the appropriate third-party shall— (i) carry out an independent review of the Joint Cyberspace Warfight Architecture concept, activities, and programs of record that comprise the Architecture; and (ii) provide the congressional defense committees a briefing on the findings of the appropriate third-party with respect to the independent review conducted under clause (i). (B) The independent review conducted under subparagraph (A)(i) shall include an assessment of and recommendations for improving: (i) The effectiveness of the system integration and systems engineering efforts and governance structures of the Architecture. (ii) The acquisition model of the activities compromising the Architecture, including recommendations for expanded use of Budget Activity 8 (BA–8) authorities. (iii) The pipeline for rapidly developing and incorporating new capabilities to respond to the rapidly-evolving cyber threat environment. (iv) Such other matters as the Deputy Secretary considers appropriate. (3) Appropriate third-party For purposes of this subsection, an appropriate third-party is a person who— (A) is not part of the Federal Government; (B) operates as a not-for-profit entity; and (C) has such expertise and objectivity as the Deputy Secretary considers appropriate to carry out the independent review under paragraph (2). 1608. Study to determine the optimal strategy for structuring and manning elements of the Joint Force Headquarters–Cyber Organizations, Joint Mission Operations Centers, and Cyber Operations-Integrated Planning Elements (a) Study (1) In general The Principal Cyber Advisor of the Department of Defense shall conduct a study to determine the optimal strategy for structuring and manning elements of the following: (A) Joint Force Headquarters Cyber Organizations. (B) Joint Mission Operations Centers. (C) Cyber Operations–Integrated Planning Elements. (D) Joint Cyber Centers. (2) Elements The study conducted under paragraph (1) shall include assessment of the following: (A) Operational effects on the military services if each of the entities listed in subparagraphs (A) through (C) of paragraph (1) are restructured from organizations that are service component organizations to joint organizations. (B) Organizational effects on the military services if the billets associated with each of the entities listed in subparagraphs (A) through (C) of paragraph (1) are transferred to United States Cyber Command and designated as joint billets for joint qualification purposes. (C) Operational and organizational effects on the military services, United States Cyber Command, other combatant commands, and the Joint Staff if the entities listed in subparagraphs (A) through (D) of paragraph (1) are realigned, restructured, or consolidated. (D) Operational and organizational effects and advisement of standardizing a minimum set of roles and responsibilities of the Joint Cyber Centers, or the equivalent entity, of the combatant commands. (E) Clarification of the relationship and differentiation between Cyber Operations–Integrated Planning Elements and Joint Cyber Centers of the combatant commands. (F) A description of mission essential tasks for the entities listed in subparagraphs (A) through (D) of paragraph (1). (G) A description of cyber activities in geographic and functional combatant command campaign plans and resources aligned to those activities. (b) Briefings Not later than 180 after the date of the enactment of this Act, and not less frequently than once every 120 days until March 31, 2024, the Principal Cyber Advisor shall provide the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing on the status of the study conducted under subsection (a). (c) Report (1) In general Not later than March 31, 2024, the Principal Cyber Advisor shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the study conducted under subsection (a). (2) Contents The report submitted under paragraph (1) shall contain the following: (A) The findings of the Principal Cyber Advisor with respect to the study conducted under subsection (a). (B) Details of the operational and organizational effects assessed under subsection (a)(2). (C) A plan to carry out the transfer described in subsection (a)(2)(B) and the associated costs, as appropriate. (D) A plan to realign, restructure, or consolidate the entities listed in subparagraphs (A) through (D) of subsection (a)(1). (E) Such other matters as the Principal Cyber Advisor considers appropriate. 1609. Annual briefing on relationship between National Security Agency and United States Cyber Command (a) Annual briefings required Not later than March 1, 2023, and not less frequently than once each year thereafter until March 1, 2028, the Secretary of Defense shall provide the congressional defense committees a briefing on the relationship between the National Security Agency and United States Cyber Command. (b) Elements Each briefing provided under subsection (a) shall include an annual assessment of the following: (1) The resources, authorities, activities, missions, facilities, and personnel used to conduct the relevant missions at the National Security Agency as well as the cyber offense and defense missions of United States Cyber Command. (2) The processes used to manage risk, balance tradeoffs, and work with partners to execute operations. (3) An assessment of the operating environment and the continuous need to balance tradeoffs to meet mission necessity and effectiveness. (4) An assessment of the operational effects resulting from the relationship between the National Security Agency and United States Cyber Command, including a list of specific operations conducted over the previous year that were enabled by or benefitted from the relationship. (5) Such other topics as the Director of the National Security Agency and the Commander of United States Cyber Command may consider appropriate. 1610. Review of certain cyber operations personnel policies (a) Review required Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall require the Secretaries of the military departments and the Commander of United States Cyber Command to complete a review of, and appropriately update, departmental guidance and processes consistent with section 167b(d)(2)(A)(x) of title 10 , United States Code, with respect to the authority of the Commander to monitor the promotions of certain cyber operations forces and coordinate with the Secretaries regarding the assignment, retention, training, professional military education, and special and incentive pays of certain cyber operations forces. (b) Elements of review The review and updates to departmental guidance and processes required under subsection (a) shall address the respective roles of the military departments and United States Cyber Command with respect to the following: (1) The recruiting, retention, professional military education, and promotion of certain cyber operations personnel. (2) The sharing of personnel data between the military departments and United States Cyber Command. (3) Structures, departmental guidance, and processes developed between the military departments and United States Special Operations Command with respect to the authority of the Commander of United States Special Operations Command described in section 167(e)(2)(J) of title 10, United States Code, that could be used as a model for United States Cyber Command. (4) Such other matters as the Secretary of Defense determines necessary. (c) Report required Not later than 90 days after the date on which the review and the updates required by subsection (a) are completed, the Secretary of Defense shall submit to the congressional defense committees a report on the findings of the Secretaries of the military departments and the Commander of United States Cyber Command with respect to the review and the updates made pursuant to such subsection. Such report shall also include any such recommendations as the Secretary may have for legislative or administrative action. 1611. Military cybersecurity cooperation with Kingdom of Jordan (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, acting through the Under Secretary of Defense for Policy, in coordination with the Commander of United States Cyber Command, the Commander of United States Central Command, and the Secretary of State, seek to engage their counterparts within the Ministry of Defence of the Kingdom of Jordan for the purpose of expanding cooperation of military cybersecurity activities. (b) Cooperation efforts The efforts to expand cooperation required by subsection (a) may include the following efforts between the Department of Defense and the Ministry of Defence of the Kingdom of Jordan: (1) Bilateral cybersecurity training activities and exercises. (2) Efforts to— (A) actively defend military networks, infrastructure, and systems; (B) eradicate malicious cyber activity that has compromised those networks, infrastructure, and systems; and (C) leverage United States commercial and military cybersecurity technology and services to harden and defend those networks, infrastructure, and systems. (3) Establishment of a regional cybersecurity center. (c) Briefings (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in coordination with the Secretary of State, provide to the appropriate committees of Congress a briefing on the implementation of this section. (2) Contents The briefing required by paragraph (1) shall include the following: (A) An overview of efforts undertaken pursuant to this section. (B) A description of the feasibility and advisability of expanding cooperation with the Ministry of Defence of the Kingdom of Jordan on military cybersecurity. (C) Identification of any challenges and resources that need to be addressed so as to expand cooperation with the Ministry of Defence of the Kingdom of Jordan on military cybersecurity. (D) Any other matter the Secretary considers relevant. (3) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress means— (A) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and (B) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives. 1612. Commander of the United States Cyber Command Section 167b(c) of title 10, United States Code, is amended (1) by striking Grade of commander .—The commander and inserting Commander of Cyber Command .—(1)The commander ; and (2) by adding at the end the following new paragraph: (2) The commander shall be appointed for a term of four years, and the President may nominate and appoint the commander for one additional 4-year term with the advice and consent of the Senate. . 1613. Assessment and report on sharing military cyber capabilities with foreign operational partners (a) Assessment required Not later than April 1, 2023, the Secretary of Defense, with the concurrence of the Secretary of State, shall conduct an assessment on sharing military cyber capabilities of the Armed Forces with foreign partners of the United States for immediate operational use to cause effects on targets or enable collection of information from targets. (b) Elements The assessment conducted under subsection (a) shall include— (1) a description of the military requirements of the Department of Defense for rapid sharing of military cyber capabilities with foreign partners of the United States in relevant operational timeframes; (2) a description of the understanding by the Secretary of Defense and the Secretary of State of the current legal framework governing the sharing of military cyber capabilities of the Department with foreign partners of the United States for operational use by the foreign partner, including prohibitions or restrictions on sharing such military cyber capabilities with foreign partners in relevant operational timeframes, including under— (A) the War Powers Resolution ( 50 U.S.C. 1541 et seq. ); (B) an alliance or treaty with a foreign country or countries; and (C) export control laws or security assistance programs; and (3) recommendations for legislative action that the Secretary of Defense and the Secretary of State jointly agree are necessary to address gaps or misalignment in authorities that would enhance the sharing of military cyber capabilities of the Department with foreign operational partners of the United States. (c) Report required Not later than April 1, 2023, the Secretary of Defense, with the concurrence of the Secretary of State, shall provide the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives a report on the assessment conducted under subsection (a). 1614. Report on progress in implementing pilot program to enhance cybersecurity and resiliency of critical infrastructure (a) Report required Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretary of Homeland Security, submit to Congress a report on the progress made in implementing the 2018 memorandum of understanding that was entered into by the Secretaries pursuant to the authority provided by section 1650(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 711 note prec.). (b) Contents The report submitted under subsection (a) shall include the following: (1) A description of the efforts to develop and approve plans of action and milestones for each line of effort in the memorandum of understanding described in subsection (a). (2) A description of the activities executed pursuant to such memorandum of understanding. (3) Identification of any impediments that limit the abilities of the Secretaries to fully implement all lines of effort in such memorandum of understanding. 1615. Protection of critical infrastructure (a) In general In the event that the President determines that there is an active, systematic, and ongoing campaign of attacks in cyberspace by a foreign power against the Government or the critical infrastructure of the United States, the President may authorize the Secretary of Defense, acting through the Commander of the United States Cyber Command, to conduct military cyber activities or operations pursuant to section 394 of title 10, United States Code, in foreign cyberspace to deter, safeguard, or defend against such attacks. (b) Affirmation of scope of cyber activities or operations Congress affirms that the cyber activities or operations referred to in subsection (a), when appropriately authorized, shall be conducted consistent with section 394 of title 10, United States Code. (c) Definition of critical infrastructure In this section, the term critical infrastructure has the meaning given that term in subsection (e) of the Critical Infrastructure Protection Act of 2001 ( 42 U.S.C. 5195c(e) ). B Matters relating to Department of Defense cybersecurity and information technology 1621. Budget display for cryptographic modernization activities for certain systems of the Department of Defense (a) Display required Beginning with fiscal year 2024, and for each fiscal year thereafter, the Secretary of Defense shall include with the budget justification materials submitted to Congress in support of the budget of the Department of Defense for that fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) a consolidated cryptographic modernization budget justification display for each Department of Defense system or asset that is protected by cryptography and subject to certification by the National Security Agency (in this section, referred to as covered items ). (b) Elements Each display included under subsection (a) for a fiscal year shall include the following: (1) Cryptographic modernization activities (A) Whether, in accordance with the schedule established under section 153(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 142 note), the cryptographic modernization for each covered item is pending, in progress, complete, or pursuant to paragraph (2) of such section, extended. (B) The funding required for the covered fiscal year and for each subsequent fiscal year of the Future Years Defense Program to complete the pending or in progress cryptographic modernization by the required replacement date of each covered item. (C) (i) A description of deviations between the funding annually required to complete the modernization prior to the required replacement date and the funding requested and planned within the Future Years Defense Program. (ii) An explanation— (I) justifying the deviations; and (II) of whether or how any delays resulting from a deviation shall be overcome to meet the required replacement date. (D) A description of operational or security risks resulting from each deviation from the modernization schedule required to meet replacement dates, including a current intelligence assessment of adversary progress on exploiting the covered item. (E) For any covered item that remains in service past its required replacement date, a description of the number of times the covered item has been extended and the circumstances attending each such extension. (2) Mitigation activities for covered items (A) Whether activities to mitigate the risks associated with projected failure to replace a covered item by the required replacement date are planned, in progress, or complete. (B) The funding required for the covered fiscal year and for each subsequent fiscal year for required mitigation activities to complete any planned, pending, or in progress mitigation activities for a covered item. (C) A description of the activities planned in the covered fiscal year and each subsequent fiscal year to complete mitigation activities and an explanation of the efficacy of the mitigations. (c) Form The display required by subsection (a) shall be included in unclassified form, but may include a classified annex. 1622. Establishing projects for data management, artificial intelligence, and digital solutions (a) Establishment of priority projects The Deputy Secretary of Defense shall— (1) establish priority enterprise projects for data management, artificial intelligence, and digital solutions for both business efficiency and warfighting capabilities intended to accelerate decision advantage; and (2) assign responsibilities for execution and funding of the projects established under paragraph (1). (b) Actions required To ensure implementation of the priority projects of the Deputy Secretary of Defense under subsection (a), and to instill data science and technology as a core discipline in the Department of Defense, the Deputy Secretary shall— (1) hold the heads of Department components accountable for— (A) making their component’s data available for use in common enterprise data sets in accordance with plans developed and approved by the head of the component and the Deputy Secretary; (B) developing, implementing, and reporting measurable actions to acquire, preserve, and grow the population of government and contractor personnel with expertise in data management, artificial intelligence, and digital solutions; (C) making their components use data management practices, analytics processes, computing environments, and operational test environments that are made available and specifically approved by the head of the component and the Deputy Secretary; (D) identifying and reporting on an annual basis for Deputy Secretary approval those ongoing programs and activities and new initiatives within their components to which the component head determines should be applied advanced analytics, digital technology, and artificial intelligence; and (E) developing and implementing cybersecurity solutions, including red team assessments, to protect artificial intelligence systems, data, development processes, and applications from adversary actions; (2) require the Chief Digital and Artificial Intelligence Officer and the heads of Department components to develop and report on an actionable plan for the Deputy Secretary to promulgate to reform the technologies, policies, and processes used to support accreditation and authority to operate decisions to enable rapid deployment into operational environments of newly developed government, contractor, and commercial software; (3) require the Chief Digital and Artificial Intelligence Officer and heads of Department components to define and establish career paths, work roles, and occupational specialties for civilian and military personnel in the fields of data management, artificial intelligence, and digital solutions for the Deputy Secretary’s approval; and (4) establish a Departmental management reform goal for adoption and integration artificial intelligence or machine learning into business and warfighting processes, including the tracking of metrics, milestones, and initiatives to measure the progress of the Department in meeting that goal. (c) Briefings required Not later than 180 days after the date of the enactment of this Act and not less frequently than once every six months thereafter until December 31, 2025, the Deputy Secretary shall provide to the congressional defense committees a briefing on directives issued by the Deputy Secretary to implement the requirements of this section and the status of implementation actions. (d) Component defined In this section, the term component means a military department, a combatant command, or a defense agency of the Department of Defense. 1623. Operational testing for commercial cybersecurity capabilities (a) Requirement Subject to subsection (c), the Secretary of Defense may not operate a commercial cybersecurity capability on a network of the Department of Defense until such capability has received a satisfactory determination from the Director of Operational Test and Evaluation in each of the following areas: (1) Operational effectiveness. (2) Operational suitability. (3) Cyber survivability. (b) Assessments In determining whether a commercial cybersecurity capability is satisfactory in each of the areas set forth under subsection (a), the Director of Operational Test and Evaluation shall conduct an assessment that includes consideration of the following: (1) Threat-realistic operational testing, including representative environments, variation of operational conditions, and inclusion of a realistic opposing force. (2) The use of Department of Defense Cyber Red Teams, as well as any enabling contract language required to permit threat-representative Red Team assessments. (3) Collaboration with the personnel using the commercial cybersecurity capability regarding the results of the testing to improve operators’ ability to recognize and defend against cyberattacks. (4) The extent to which additional resources may be needed to remediate any shortfalls in capability to make the commercial cybersecurity capability effective, suitable, and cyber survivable in an operational environment of the Department. (5) Identification of training requirements, and changes to training, sustainment practices, or concepts of operation or employment that may be needed to ensure the effectiveness, suitability, and cyber survivability of the commercial cybersecurity capability. (c) Waiver (1) In general An acquisition executive of a military service or a component of the Department may waive the requirement in subsection (a) for a commercial cybersecurity capability for the military service or component of the acquisition executive if the acquisition executive determines that operational necessity does not allow for time to conduct an assessment under subsection (b) in a timeframe to meet the needs of the military service or component. (2) Period of waiver A waiver under paragraph (1) may be issued for a period of up to three years before a new waiver is required, or a waiver is otherwise no longer required. (d) Policies and regulations Not later than February 1, 2024, the Secretary shall issue such policies and guidance and promulgate such regulations as the Secretary considers necessary to carry out this section. (e) Report Not later than January 31, 2025, and not less frequently than once each year thereafter until January 31, 2030, the Director shall include in each annual report required by section 139(h) of title 10, United States Code, the status of the determinations required by subsection (a), including the following: (1) A summary of such determinations and the associated assessments under subsection (b). (2) The number and type of test and evaluation events completed in the past year for such assessments, disaggregated by component of the Department, and including resources devoted to each event. (3) The results from such test and evaluation events, including any resource shortfalls affecting the number of commercial cybersecurity capabilities that could be assessed. (4) A summary of identified categories of common gaps and shortfalls found during testing. (5) The extent to which entities responsible for developing and testing commercial cybersecurity capabilities have responded to recommendations made by the Director in an effort to gain favorable determinations. (6) Any identified lessons learned that would impact training, sustainment, or concepts of operation or employment decisions relating to the assessed commercial cybersecurity capabilities. (f) Definition In this section, the term commercial cybersecurity capabilities means either— (1) commercial products (as defined in section 103 of title 41, United States Code) acquired and deployed by the Department of Defense to satisfy the cybersecurity requirements of one or more Department components; or (2) commercially available off-the-shelf items (as defined in section 104 of title 41, United States Code) acquired and deployed by the Department of Defense to satisfy the cybersecurity requirements of one or more Department components. (g) Effective date This section shall take effect on February 1, 2024. 1624. Plan for commercial cloud test and evaluation (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with commercial industry, shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a policy and plan for test and evaluation of the cybersecurity of the clouds of commercial cloud service providers. (b) Contents The policy and plan submitted under subsection (a) shall include the following: (1) A requirement that all future contracts with cloud service providers include provisions that permit the Department to conduct independent, threat-realistic assessments, including penetration testing, of the commercial cloud infrastructure, including the control plane and virtualization hypervisor. (2) An explanation as to how the Department intends to proceed on amending existing contracts with cloud service providers to permit the same level of rigorous assessments that will be required for all future contracts. (3) Identification and description of any proposed tiered test and evaluation requirements aligned with different impact and classification levels. (c) Waiver authority The policy and plan required under subsection (a) may provide an authority to waive any requirements described in subsection (b) conditioned upon the approval of the Chief Information Officer of the Department of Defense and the Director of Operational Test and Evaluation. 1625. Report on recommendations from Navy Civilian Career Path study (a) Report required (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report on the recommendations made in the report submitted to the congressional defense committees under section 1653(a)(2) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; relating to improving cyber career paths in the Navy). (2) Contents The report submitted under paragraph (1) shall include the following: (A) A description of each recommendation described in such subsection that has already been implemented. (B) A description of each recommendation described in such subsection that the Secretary has commenced implementing, including a justification for determining to commence implementing the recommendation. (C) A description of each recommendation described in such subsection that the Secretary has not implemented or commenced implementing and a determination as to whether or not to implement the recommendation. (D) For each recommendation under subparagraph (C) that the Secretary determines to implement, the following: (i) A timeline for implementation. (ii) A description of any additional resources or authorities required for implementation. (iii) The plan for implementation. (E) For each recommendation under subparagraph (C) that the Secretary determines not to implement, a justification for the determination not to implement. (3) Format The report submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (b) Review by Comptroller General of the United States (1) Review Not later than 180 days after the date of the submittal of the report required by subsection (a)(1), the Comptroller General of the United States shall conduct a review of such report. (2) Elements The review required by paragraph (1) shall include an assessment of the following: (A) The extent to which the Navy has implemented the recommendations made in the study described in subsection (a)(1). (B) Additional recommended actions for the Navy to take to improve the readiness and retention of their cyber workforce. (3) Interim briefing Not later than 90 days after the date of the submittal of the report required by subsection (a)(1), the Comptroller General shall provide to the congressional defense committees a briefing on the preliminary findings of the Comptroller General with respect to the review conducted under paragraph (1). (4) Final report The Comptroller General shall submit to the congressional defense committees a report on the findings of the Comptroller General with respect to the review conducted under paragraph (1) at such time and in such format as is mutually agreed upon by the committees and the Comptroller General at the time of the briefing under paragraph (3). 1626. Review of Department of Defense implementation of recommendations from Defense Science Board cyber report (a) Review required (1) In general Not later than March 1, 2023, the Secretary of Defense shall complete a review of the findings and recommendations presented in the June 2018 Defense Science Board report entitled Cyber as a Strategic Capability . (2) Elements The review completed under paragraph (1) shall include the following: (A) Identification of, and description of implementation for, recommendations that have been implemented by the Department of Defense. (B) Identification of recommendations that have not yet been fully implemented by the Department. (C) Development of a plan to fully implement the recommendations identified under subparagraph (B). (D) Identification of the reasons why the recommendations identified under subparagraph (B) were not implement. (E) Identification of such legislative or administrative action as the Secretary determines necessary to implement the recommendations identified under subparagraph (B). (b) Report (1) In general Not later than April 1, 2023, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the review completed under paragraph (1) of subsection (a). In such report, the Secretary shall disclose the matters identified and developed under paragraph (2) of such subsection. (2) Form The report submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. 1627. Requirement for software bill of materials (a) Requirement for software bill of materials (1) In general The Secretary of Defense shall amend the Department of Defense Supplement to the Federal Acquisition Regulation to require a software bill of materials (SBOM) for all noncommercial software created for or acquired by the Department of Defense. (2) Waivers The amendment required by paragraph (1) may provide for waivers that require approval by an official whose appointment is subject to confirmation by the Senate. (b) Recommendations to the Secretary The Chief Information Officer, the Under Secretary of Defense for Acquisition and Sustainment, and the Under Secretary of Defense for Research and Engineering shall jointly submit to the Secretary recommendations regarding the content of the amendment required by subsection (a). (c) Study regarding application to software already acquired (1) Study required The Secretary shall conduct a study of the feasibility and advisability of acquiring a software bill of materials for software already acquired by the Department. (2) Briefing Not later than 270 days after the date of the enactment of this Act, the Secretary shall provide the congressional defense committees a briefing on the findings of the Secretary with respect to the study conducted under paragraph (1) and such recommendations as the Secretary may have with respect to acquiring a software bill of materials for software already acquired by the Department. (d) Commercial software Not later than one year after the date of the enactment of this Act, the Secretary shall, in consultation with industry, develop an approach for commercial software in use by the Department and future acquisitions of commercial software that provides, to the maximum extent practicable, policies and processes for operationalizing software bills of materials to enable the Department to understand promptly the cybersecurity risks to Department capabilities posed by discoveries of vulnerabilities and compromises in commercial and open source software. (e) Solicitation of information (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue a request for information from the public and private sectors regarding technical and procedural options to identify software deployed in the Department to enable risk assessments and patching of security vulnerabilities when such vulnerabilities are discovered in the absence of reliable bills of materials. (2) Briefing Not later than one year after the date of the enactment of this Act, the Secretary shall provide the congressional defense committees a briefing on the findings of the Secretary with respect to the solicitation for information under paragraph (1). (f) Definition of software bill of materials In this section, the term software bill of materials means a complete, formally structured list of components, libraries, and modules that are required to build, compile, and link a given piece of software and an identification of the provenance and supply chain relationships between them. 1628. Establishment of support center for consortium of universities that advise Secretary of Defense on cybersecurity matters Section 1659 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 391 note) is amended by adding at the end the following new subsection: (f) Support center (1) Establishment The Secretary shall establish a center to provide support to the consortium established under subsection (a). (2) Composition (A) The center established under paragraph (1) shall be composed of one or two universities, as the Secretary considers appropriate, that— (i) have been designated as centers of academic excellence by the Director of the National Security Agency or the Secretary of Homeland Security; and (ii) are eligible for access to classified information. (B) The Secretary shall publish in the Federal Register the process for selection of universities to serve as the center established under paragraph (1). (3) Functions The functions of the center established under paragraph (1) are as follows: (A) To promote the consortium established under subsection (a). (B) To distribute on behalf of the Department requests for information or assistance to members of the consortium. (C) To collect and assemble responses from requests distributed under subparagraph (B). (D) To provide additional administrative support for the consortium, as determined by the National Center of Academic Excellence in Cybersecurity Program Management Office. . 1629. Roadmap and implementation plan for cyber adoption of artificial intelligence (a) Roadmap and implementation plan required Not later than 270 days after the date of the enactment of this Act, the Commander of United States Cyber Command and the Chief Information Officer of the Department of Defense, in coordination with the Chief Digital and Artificial Intelligence Officer of the Department, the Director of the Defense Advanced Research Projects Agency, the Director of the National Security Agency, and the Under Secretary of Defense for Research and Engineering, shall jointly develop a five-year roadmap and implementation plan for rapidly adopting and acquiring artificial intelligence systems, applications, and supporting data and data management processes for the Cyberspace Operations Forces of the Department of Defense. (b) Elements The roadmap and implementation plan required by subsection (a) shall include the following: (1) Identification and prioritization of artificial intelligence systems, applications, data identification, and processing to cyber missions within the Department, and ameliorating threats to, and from, artificial intelligence systems, including— (A) advancing the cybersecurity of Department systems with artificial intelligence; (B) uses of artificial intelligence for cyber effects operations; (C) assessing and mitigating vulnerabilities of artificial intelligence systems supporting cybersecurity and cyber operations to attacks; and (D) defending against adversary artificial intelligence-based cyber attacks. (2) A plan to develop, acquire, adopt, and sustain the artificial intelligence systems, applications, data, and processing identified in paragraph (1). (3) Roles and responsibilities for the following for adopting and acquiring artificial intelligence systems, applications, and data to cyber missions within the Department: (A) The Commander of United States Cyber Command. (B) The Commander of Joint-Force Headquarters Department of Defense Information Networks. (C) The Chief Information Officer of the Department. (D) The Chief Digital and Artificial Intelligence Officer of the Department. (E) The Under Secretary of Defense for Research and Engineering. (F) The Secretaries of the military departments. (G) The Director of the National Security Agency. (4) Identification of currently deployed, adopted, and acquired artificial intelligence systems, applications, ongoing prototypes, and data. (5) Identification of current capability and skill gaps that must be addressed prior to the development and adoption of artificial intelligence applications identified in paragraph (1). (6) Identification of opportunities to solicit operator utility feedback through inclusion into research and development processes and wargaming or experimentation events by developing a roadmap for such processes and events, as well as a formalized process for capturing and tracking lessons learned from such events to inform the development community. (7) Identification of long-term technology gaps for fulfilling the Department’s cyber warfighter mission to be addressed by research relating to artificial intelligence by the science and technology enterprise within the Department. (8) Definition of a maturity model describing desired cyber capabilities, agnostic of the enabling technology solutions, including phases in the maturity model or identified milestones and clearly identified areas for collaboration with relevant commercial off the shelf and government off the shelf developers to address requirements supporting capability gaps. (9) Assessment, in partnership with the Director of the Defense Intelligence Agency, of the threat posed by adversaries’ use of artificial intelligence to the cyberspace operations and the security of the networks and artificial intelligence systems of the Department in the next five years, including a net technical assessment of United States and adversary activities to apply artificial intelligence to cyberspace operations, and actions planned to address that threat. (10) A detailed schedule with target milestones, investments, and required expenditures. (11) Interim and final metrics of adoption of artificial intelligence for each activity identified in the roadmap. (12) Identification of such additional funding, authorities, and policies as the Commander of United States Cyber Command and the Chief Information Officer jointly determine may be required. (13) Such other topics as the Commander and the Chief Information Officer jointly consider appropriate. (c) Briefing Not later than 30 days after the date on which the Commander and the Chief Information Officer complete development of the roadmap and implementation plan required in subsection (a), the Commander and the Chief Information Officer shall provide the congressional defense committees a classified briefing on the roadmap and implementation plan. 1630. Demonstration program for cyber and information technology budget data analytics (a) Demonstration program required (1) In general Not later than February 1, 2024, the Chief Information Officer of the Department of Defense shall, in coordination with the Chief Digital and Artificial Intelligence Officer, complete a pilot program to demonstrate the application of data analytics to the fiscal year 2024 cyber and information technology budget data of a military service. (2) Coordination with military services In carrying out the demonstration program required by subsection (a), the Chief Information Officer shall, in coordination with the Secretary of the Air Force, the Secretary of the Army, and the Secretary of the Navy, select a military service for participation in the demonstration program. (b) Elements The demonstration program shall include— (1) efforts to determine, execute, and validate in an auditable manner data curation activities for the cyber and information technology budget of a military service; (2) efforts to improve transparency in cyber and information technology budget information to identify cybersecurity efforts funded out of noncyber information technology lines, including qualitative techniques such as semantic analysis or natural language processing techniques; (3) metrics developed to assess the effectiveness of the demonstration program; (4) a cost tradeoff analysis of implementing data analytics across the all of the cyber and information technology budgets of the Department of Defense; (5) effort to utilize data analytics to make budget trade-offs; and (6) efforts to incorporate data analytics into the into the congressional budget submission process. (c) Briefing (1) Initial briefing Not later than 120 days after the date of the enactment of this Act, the Chief Information Officer shall provide the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a brief on the plans and status of the Chief Information Officer with respect to the demonstration program required by subsection (a). (2) Final briefing (A) Not later than March 1, 2024, the Chief Information Officer shall provide the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing on the results and findings of the Chief Information Officer with respect to the pilot program required by subsection (a). (B) The briefing required by subparagraph (A) shall include the following: (i) Recommendations for expansion of the demonstration program to the entire cyber and information technology budget of the Department. (ii) Plans for incorporating data analytics into the congressional budget submission process for the cyber and information technology budget of the Department. 1631. Limitation on availability of funds for operation and maintenance for Office of Secretary of Defense until framework to enhance cybersecurity of United States defense industrial base is completed (a) Limitation Of the funds authorized to be appropriated by this Act for fiscal year 2023 for operation and maintenance, Defense-wide, and available for the Office of the Secretary of Defense, not more than 75 percent may be obligated or expended until the framework required by section 1648 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2224 note) is completed and submitted to the congressional defense committees. (b) Briefing (1) In general Not later than 30 days after the date of the submittal of the framework in accordance with subsection (a), the Secretary of Defense shall provide the congressional defense committees with a briefing on such framework. (2) Contents The briefing required by paragraph (1) shall include the following: (A) An overview of the framework submitted in accordance with subsection (a). (B) Identification of such pilot programs as the Secretary considers may be required to improve the cybersecurity of the defense industrial base. (C) Implementation timelines and identification of costs. (D) Such recommendations as the Secretary may have for legislative action to improve the cybersecurity of the defense industrial base. 1632. Assessments of weapons systems vulnerabilities to radio-frequency enabled cyber attacks (a) In general The Secretary of Defense shall ensure that the activities required by and conducted pursuant to section 1647 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 129 Stat. 1118), section 1637 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 221 note), and the amendments made by section 1712 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 4087) include regular assessments of the vulnerabilities to and risks presented by radio-frequency enabled cyber attacks with respect to the operational technology embedded in weapons systems, aircraft, ships, ground vehicles, space systems, sensors, and datalink networks of the Department of Defense. (b) Elements The assessments required under subsection (a) with respect to vulnerabilities and risks described in such subsection shall include— (1) identification of such vulnerabilities and risks; (2) ranking of vulnerability, severity, and priority; (3) development and selection of options, with associated costs and schedule, to correct such vulnerabilities, including installation of intrusion detection capabilities; and (4) development of integrated risk-based plans to implement the corrective actions selected. (c) Development of corrective actions In developing corrective actions under subsection (b)(3), the assessments required under subsection (a) shall address requirements for deployed members of the Armed Forces to analyze data collected on the weapons systems and respond to attacks. (d) Intelligence informed assessments The assessments required under subsection (a) shall be informed by intelligence, if available, and technical judgment regarding potential threats to embedded operational technology during operations of the Armed Forces. (e) Coordination (1) Coordination and integration of activities The assessments required under subsection (a) shall be fully coordinated and integrated with activities described in such subsection. (2) Coordination of organizations The Secretary shall ensure that the organizations conducting the assessments under subsection (a) in the military departments, the United States Special Operations Command, and the Defense Agencies coordinate with each other and share best practices, vulnerability analyses, and technical solutions. (f) Briefings Not later than one year after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees briefings from the organizations specified under subsection (e)(2), as appropriate, on the activities and plans required under this section. B Military construction authorizations 2001. Short title This division may be cited as the Military Construction Authorization Act for Fiscal Year 2023 . 2002. Expiration of authorizations and amounts required to be specified by law (a) Expiration of authorizations after three years Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of— (1) October 1, 2025; or (2) the date of the enactment of an Act authorizing funds for military construction for fiscal year 2026. (b) Exception Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of— (1) October 1, 2025; or (2) the date of the enactment of an Act authorizing funds for fiscal year 2026 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program. 2003. Effective date Titles XXI through XXVII shall take effect on the later of— (1) October 1, 2022; or (2) the date of the enactment of this Act. XXI Army Military Construction 2101. Authorized Army construction and land acquisition projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Army: Inside the United States State Installation or Location Amount Alabama Redstone Arsenal $96,000,000 Alaska Fort Wainwright $99,000,000 Colorado Fort Carson $14,200,000 Hawaii Fort Shafter $33,000,000 Schofield Barracks $111,000,000 Tripler Army Medical Center $27,000,000 Louisiana Fort Polk $32,000,000 Mississippi Engineer Research and Development Center $20,000,000 North Carolina Fort Bragg $34,000,000 Pennsylvania Letterkenny Army Depot $38,000,000 Texas Corpus Christi Army Depot $103,000,000 Fort Bliss $15,000,000 Washington Joint Base Lewis-McChord $49,000,000 (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Army: Outside the United States Country Installation or Location Amount Germany East Camp Grafenwoehr $168,000,000 Japan Kadena Air Force Base $99,000,000 Kwajalein Kwajalein Atoll $69,000,000 2102. Family housing (a) Construction and acquisition Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amounts set forth in the following table: Army: Family Housing Country Installation Units Amount Germany Baumholder Family Housing Replacement Construction $77,000,000 Italy Vicenza Family Housing New Construction $95,000,000 (b) Planning and design Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $17,339,000. 2103. Authorization of appropriations, Army (a) Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2022, for military construction, land acquisition, and military family housing functions of the Department of the Army as specified in the funding table in section 4601. (b) Limitation on total cost of construction projects Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2101 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601. 2104. Extension and modification of authority to carry out certain fiscal year 2018 projects (a) Kunsan Air Base, Korea (1) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91 ; 131 Stat. 1817), the authorization contained in the table in section 2101(b) of that Act (131 Stat. 1819) for Kunsan Air Base, Korea, shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later. (2) Modification In the case of the authorization contained in the table in section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91 ; 131 Stat. 1819) for Kunsan Air Base, Korea, for construction of an unmanned aerial vehicle hangar at the installation, the Secretary of the Army may construct the hangar at Camp Humphries, Korea, and may remove primary scope associated with the relocation of the Air Defense Artillery (ADA) Battalion facilities, to include the ground based missile defense equipment area, fighting positions, missile resupply area ADA, ready building or command post, battery command post area, safety shelter, and guard booth. (b) Kwajalein Atoill, Kwajalein (1) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91 ; 131 Stat. 1817), the authorization contained in the table in section 2102 of that Act (131 Stat. 1820) for Kwajalein Atoill, Kwajalein, shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later. (2) Modification Section 2879(a)(1)(A) of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91 ; 131 Stat. 1874) is amended by striking at least 26 family housing units and inserting not more than 26 family housing units . 2105. Modification of authority to carry out fiscal year 2019 project at Camp Tango, Korea In the case of the authorization contained in the table in section 2101(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 132 Stat. 2242) for Camp Tango, Korea, for construction of a command and control facility at the installation, the Secretary of the Army may increase scope for a dedicated, enclosed egress pathway out of the underground facility to facilitate safe escape in case of fire. XXII Navy Military Construction 2201. Authorized Navy construction and land acquisition projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Navy: Inside the United States State or Territory Installation or Location Amount California Marine Corps Air Ground Combat Center Twentynine Palms $120,382,000 Marine Corps Base Camp Pendleton $117,310,000 Marine Corps Recruit Depot San Diego $83,200,000 Naval Air Station Lemoore $201,261,000 Naval Base San Diego $132,700,000 Naval Base Point Loma Annex $56,450,000 Naval Surface Warfare Center Corona Division $15,000,000 Connecticut Naval Submarine Base New London $15,514,000 Florida Naval Air Station Jacksonville $86,232,000 Naval Air Station Whiting Field $199,289,000 Naval Surface Warfare Center Carderock Division $2,073,000 Georgia Naval Submarine Base Kings Bay $279,171,000 Guam Marine Corps Base Camp Blaz $330,589,000 Hawaii Joint Base Pearl Harbor-Hickam $3,754,192,000 Marine Corps Base Kaneohe Bay $87,900,000 Maryland Naval Surface Warfare Center Indian Head Division $8,039,000 Michigan Marine Forces Reserve Battle Creek $24,300,000 Nevada Naval Air Station Fallon $146,165,000 North Carolina Marine Corps Air Station Cherry Point $38,415,000 Marine Corps Air Station New River $210,600,000 Marine Corps Base Camp Lejeune $47,475,000 Pennsylvania Naval Surface Warfare Center Philadelphia Division $86,610,000 South Carolina Marine Corps Recruit Depot Parris Island $75,900,000 Virginia Naval Station Norfolk $16,863,000 Naval Surface Warfare Center Dahlgren Division $2,503,000 Washington Naval Air Station Whidbey Island $105,561,000 (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Navy: Outside the United States Country Installation or Location Amount Australia Royal Australian Air Force Base Darwin $258,831,000 Djibouti Camp Lemonnier $106,700,000 Japan Kadena Air Base $195,400,000 Spain Naval Station Rota $76,300,000 2202. Family housing (a) Construction and acquisition Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amounts set forth in the following table: Navy: Family Housing Territory Installation or Location Units Amount Guam NAVSUPPACT Andersen Replace Andersen Housing PH IV $86,390,000 NAVSUPPACT Andersen Replace Andersen Housing PH V $93,259,000 NAVSUPPACT Andersen Replace Andersen Housing PH VI $68,985,000 (b) Improvements to military family housing units Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $74,540,000. (c) Planning and design Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $14,123,000. 2203. Authorization of appropriations, Navy (a) Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2022, for military construction, land acquisition, and military family housing functions of the Department of the Navy, as specified in the funding table in section 4601. (b) Limitation on total cost of construction projects Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2201 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601. 2204. Extension of authority to carry out certain fiscal year 2018 project at Joint Region Marianas, Guam Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91 ; 131 Stat. 1817), the authorization contained in the table in section 2201(a) of that Act (131 Stat. 1822) at Joint Region Marianas, Guam, for Navy-Commercial Tie-in Hardening, as specified in the funding table in section 4601 of that Act (131 Stat. 2001), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later. XXIII Air Force military construction 2301. Authorized Air Force construction and land acquisition projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Air Force: Inside the United States State Installation or Location Amount Alabama Maxwell Air Force Base $15,000,000 Alaska Clear Space Force Station $68,000,000 Joint Base Elmendorf-Richardson $5,200,000 Arizona Davis-Monthan Air Force Base $7,500,000 California Travis Air Force Base $7,500,000 Vandenberg Space Force Base $89,000,000 Hawaii Air Force Research Laboratory - Maui Experimental Site #1 $89,000,000 Illinois Scott Air Force Base $19,893,000 New York Air Force Research Laboratory - Rome Research Site $4,200,000 Ohio Wright Patterson Air Force Base $29,000,000 Oklahoma Tinker Air Force Base $247,600,000 South Carolina Shaw Air Force Base $10,000,000 South Dakota Ellsworth Air Force Base $328,000,000 Tennessee Arnold Air Force Base $38,000,000 Texas Joint Base San Antonio-Randolph $29,000,000 Utah Hill Air Force Base $84,000,000 Washington Fairchild Air Force Base $8,000,000 Wyoming F.E. Warren Air Force Base $186,000,000 (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Air Force: Outside the United States Country Installation or Location Amount Hungary Pápa Air Base $71,000,000 Iceland Naval Air Station Keflavik $94,000,000 Italy Aviano Air Base $46,500,000 Japan Kadena Air Base $307,000,000 Jordan Muwaffaq Salti Air Base $50,000,000 Norway Rygge Air Station $8,200,000 Spain Moron Air Base $29,000,000 United Kingdom Royal Air Force Molesworth $421,000,000 2302. Family housing (a) Improvements to military family housing units Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $233,858,000. (b) Planning and design Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $17,730,000. 2303. Authorization of appropriations, Air Force (a) Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2022, for military construction, land acquisition, and military family housing functions of the Department of the Air Force, as specified in the funding table in section 4601. (b) Limitation on total cost of construction projects Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2301 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601. 2304. Extension of authority to carry out certain fiscal year 2018 projects (a) Air Force construction and land acquisition (1) In general Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91 ; 131 Stat. 1817), the authorizations set forth in the table in paragraph (2), as provided in section 2301(a) of that Act (131 Stat. 1825), for the projects specified in that table shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later. (2) Table The table referred to in paragraph (1) is as follows: Air Force: Extension of 2018 Project Authorizations State Installation or Location Project Original Authorized Amount Florida Tyndall Air Force Base Fire Station $17,000,000 Texas Joint Base San Antonio BMT Classrooms/Dining $38,000,000 Joint Base San Antonio Camp Bullis Dining Facility $18,500,000 Wyoming F. E. Warren Air Force Base Consolidated Helo/TRF Ops/AMU and Alert Fac. $62,000,000 (b) Overseas contingency operations (1) In general Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91 ; 131 Stat. 1817), the authorizations set forth in the table in paragraph (2), as provided in section 2903 of that Act (131 Stat. 1876), for the projects specified in that table shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later. (2) Table The table referred to in paragraph (1) is as follows: Air Force: Extension of 2018 Project Authorizations Country Installation or Location Project Original Authorized Amount Hungary Kecskemet Air Base ERI: Airfield Upgrades $12,900,000 Kecskemet Air Base ERI: Construct Parallel Taxiway $30,000,000 Kecskemet Air Base ERI: Increase POL Storage Capacity $12,500,000 Luxembourg Sanem ERI: ECAOS Deployable Airbase System Storage $67,400,000 Slovakia Malacky ERI: Airfield Upgrades $4,000,000 Malacky ERI: Increase POL Storage Capacity $20,000,000 Sliac Airport ERI: Airfield Upgrades $22,000,000 2305. Modification of authority to carry out certain fiscal year 2020 projects at Tyndall Air Force Base, Florida In the case of the authorization contained in section 2912(a) of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92 ; 133 Stat. 1913) for Tyndall Air Force Base, Florida— (1) for construction of Lodging Facilities Phases 1–2, as specified in the funding table in section 4603 of that Act (133 Stat. 2103) and modified by subsection (a)(7) of section 2306 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ; 134 Stat. 4302), the Secretary of the Air Force may construct an emergency backup generator; (2) for construction of Dorm Complex Phases 1–2, as specified in such funding table and modified by subsection (a)(8) of such section 2306, the Secretary of the Air Force may construct two emergency backup generators; (3) for construction of Site Development, Utilities & Demo Phase 2, as specified in such funding table and modified by subsection (a)(6) of such section 2306, the Secretary of the Air Force may construct— (A) up to 6,248 lineal meters of storm water utilities; (B) up to 55,775 square meters of roads; (C) up to 4,334 lineal meters of gas pipeline; and (D) up to 28,958 linear meters of electrical; (4) for construction of Tyndall AFB Gate Complex, as specified in such funding table and modified by subsection (a)(9) of such section 2306, the Secretary of the Air Force may construct up to 55,694 square meters of roadway with serpentines; and (5) for construction of Deployment Center/Flight Line Dining/AAFES, as specified in such funding table and modified by subsection (a)(11) of such section 2306, the Secretary of the Air Force may construct up to 164 square meters of AAFES (Shoppette). 2306. Modification of authority to carry out certain fiscal year 2021 project at Hill Air Force Base, Utah In the case of the authorization contained in section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ; 134 Stat. 4299) for Hill Air Force Base, Utah, for construction of GBSD Organic Software Sustainment Center, as specified in the funding table in section 4601 of such Act (134 Stat. 4502), the Secretary of the Air Force may construct— (1) up to 7,526 square meters of surface parking lot in lieu of constructing a 13,434 square meters vehicle parking garage; and (2) up to 402 square meters of storage igloo. XXIV Defense agencies military construction 2401. Authorized Defense Agencies construction and land acquisition projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Defense Agencies: Inside the United States State Installation or Location Amount Alabama Redstone Arsenal $151,000,000 California Naval Base Coronado $75,712,000 Florida Hurlburt Field $9,100,000 North Carolina Fort Bragg $34,470,000 Texas Joint Base San Antonio $58,600,000 Virginia Dam Neck $26,600,000 Pentagon $18,000,000 (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Defense Agencies: Outside the United States Country Installation or Location Amount Germany Baumholder $149,023,000 Japan Yokota Air Base $72,154,000 2402. Authorized energy resilience and conservation investment program projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations inside the United States, and in the amounts, set forth in the following table: ERCIP Projects: Inside the United States State or Territory Installation or Location Amount Alabama Missile and Space Intelligence Center, Redstone Arsenal $10,700,000 California Marine Corps Mountain Warfare Training Center $25,560,000 Naval Base Ventura County $13,360,000 Florida Naval Air Station Jacksonville $2,400,000 Patrick Space Force Base $15,700,000 Georgia Fort Stewart-Hunter Army Airfield $25,400,000 Naval Submarine Base Kings Bay $11,200,000 Guam Naval Base Guam $34,360,000 Hawaii Joint Base Pearl Harbor-Hickam $25,000,000 Kansas Fort Riley $25,780,000 Maryland National Security Agency-Washington, Fort Meade $23,310,000 Texas Fort Hood $31,500,000 U.S. Army Reserve Center, Conroe $9,600,000 Virginia National Geospatial-Intelligence Agency Campus East, Fort Belvoir $1,100,000 Naval Support Activity Hampton Roads $22,400,000 (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations outside the United States, and in the amounts, set forth in the following table: ERCIP Projects: Outside the United States Country Installation or Location Amount Djibouti Camp Lemonnier $24,000,000 Japan Kadena Air Base $780,000 Kuwait Camp Arifjan $26,850,000 2403. Authorization of appropriations, defense agencies (a) Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2022, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments), as specified in the funding table in section 4601. (b) Limitation on total cost of construction projects Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2401 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601. 2404. Extension of authority to carry out certain fiscal year 2018 projects (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91 ; 131 Stat. 1817), the authorization set forth in the table in subsection (b), as provided in section 2401(b) of that Act (131 Stat. 1829), for the projects specified in that table shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later. (b) Table The table referred to in subsection (a) is as follows: Defense Agencies: Extension of 2018 Project Authorizations Country Installation or Location Project Original Authorized Amount Japan Iwakuni Construct Bulk Storage Tanks PH 1 $30,800,000 Puerto Rico USCG Station; Punta Borinquen Ramey Unit School Replacement $61,071,000 XXV International programs A North Atlantic Treaty Organization Security Investment Program 2501. Authorized NATO construction and land acquisition projects The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount not to exceed the sum of the amount authorized to be appropriated for this purpose in section 2502 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States. 2502. Authorization of appropriations, NATO Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2022, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501 as specified in the funding table in section 4601. B Host Country In-Kind Contributions 2511. Republic of Korea-funded construction projects Pursuant to agreement with the Republic of Korea for required in-kind contributions, the Secretary of Defense may accept military construction projects for the installations or locations in the Republic of Korea, and in the amounts, set forth in the following table: Republic of Korea-Funded Construction Projects Country Installation or Location Project Amount Army Camp Humphreys Quartermaster Laundry/Dry Cleaner Facility $24,000,000 Army Camp Humphreys MILVAN CONNEX Storage Yard $20,000,000 Navy Camp Mujuk Replace Ordnance Storage Magazines $150,000,000 Navy Fleet Activities Chinhae Water Treatment Plant Relocation $6,000,000 Air Force Gimhae Air Base Refueling Vehicle Shop $8,800,000 Air Force Osan Air Base Combined Air and Space Operations Intelligence Center $306,000,000 Air Force Osan Air Base Upgrade Electrical Distribution West, Phase 3 $235,000,000 2512. Repeal of authorized approach to construction project at Camp Humphreys, Republic of Korea Section 2511 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81 ; 135 Stat. 2177) is amended— (1) in subsection (a), by striking (a) Authority to accept projects .—Pursuant to and inserting Pursuant to ; and (2) by striking subsection (b). XXVI Guard and reserve forces facilities 2601. Authorized Army National Guard construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard locations inside the United States, and in the amounts, set forth in the following table: Army National Guard State or Territory Location Amount Alaska Joint Base Elmendorf-Richardson $63,000,000 Arkansas Camp Robinson $9,500,000 Delaware New Castle $16,000,000 Florida Gainesville $21,000,000 Palm Coast $12,000,000 Hawaii Kapolei $29,000,000 Indiana Atlanta $20,000,000 Iowa West Des Moines $15,000,000 Minnesota New Ulm $17,000,000 Nevada Reno $18,000,000 New York Troy $17,000,000 North Carolina McLeansville $15,000,000 Oregon Camp Umatilla $14,243,000 Puerto Rico Arroyo $28,602,000 Camp Santiago $161,337,000 San Juan $64,000,000 West Virginia Buckhannon $14,000,000 Wyoming Camp Guernsey $19,500,000 Sheridan $14,800,000 2602. Authorized Army Reserve construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve locations inside the United States, and in the amounts, set forth in the following table: Army Reserve State or Territory Location Amount California Camp Pendleton $13,000,000 Florida Perrine $46,000,000 Ohio Wright-Patterson Air Force Base $16,000,000 Puerto Rico Fort Buchanan $24,000,000 Washington Yakima $22,000,000 Wisconsin Fort McCoy $64,000,000 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the Navy Reserve and Marine Corps Reserve locations inside the United States, and in the amounts, set forth in the following table: Navy Reserve and Marine Corps Reserve State Location Amount Hawaii Marine Corps Base Kaneohe Bay $102,600,000 Virginia Marine Forces Reserve Dam Neck Virginia Beach $10,400,000 2604. Authorized Air National Guard construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard locations inside the United States, and in the amounts, set forth in the following table: Air National Guard State Location Amount Alabama Birmingham International Airport $7,500,000 Montgomery Regional Airport $9,200,000 Arizona Morris Air National Guard Base $12,000,000 Tucson International Airport $10,000,000 Florida Jacksonville International Airport $22,200,000 Indiana Fort Wayne International Airport $12,800,000 Tennessee McGhee-Tyson Airport $23,800,000 Rhode Island Quonset State Airport $35,000,000 West Virginia McLaughlin Air National Guard Base $10,000,000 2605. Authorized Air Force Reserve construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air Force Reserve locations inside the United States, and in the amounts, set forth in the following table: Air Force Reserve State Location Amount Arizona Davis-Monthan Air Force Base $8,000,000 Mississippi Keesler Air Force Base $10,000,000 Oklahoma Tinker Air Force Base $12,500,000 Virginia Langley Air Force Base $10,500,000 2606. Authorization of appropriations, National Guard and Reserve Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2022, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), as specified in the funding table in section 4601. 2607. Extension of authority to carry out certain fiscal year 2018 projects (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91 ; 131 Stat. 1817), the authorizations set forth in the table in subsection (b), as provided in section 2604 of that Act (131 Stat. 1836), for the projects specified in that table shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later. (b) Table The table referred to in subsection (a) is as follows: Army National Guard: Outside the United States State Installation or Location Project Original Authorized Amount Indiana Hulman Regional Airport Construct Small Arms Range $8,000,000 South Dakota Joe Foss Field Aircraft Maintenance Shops $12,000,000 Wisconsin Dane County Regional/Airport Truax Field Construct Small Arms Range $8,000,000 2608. Corrections to authority to carry out certain fiscal year 2022 projects The table in section 2601 of the Military Construction Authorization Act Fiscal Year 2022 (division B of Public law 117–81; 135 Stat. 2178) is amended— (1) in the item relating to Redstone Arsenal, Alabama, by striking Redstone Arsenal and inserting Huntsville ; (2) in the item relating to Jerome National Guard Armory, Idaho, by striking National Guard Armory ; (3) in the item relating to Nickell Memorial Armory Topeka, Kansas, by striking Nickell Memorial Armory ; (4) in the item relating to Lake Charles National Guard Readiness Center, Louisiana, by striking National Guard Readiness Center ; (5) in the item relating to Camp Grayling, Michigan, by striking Camp ; (6) in the item relating to Butte Military Entrance Testing Site, Montana, by striking Military Entrance Testing Site ; (7) in the item relating to Mead Army National Guard Readiness Center, Nebraska, by striking Army National Guard Readiness Center and inserting Training Site ; (8) in the item relating to Dickinson National Guard Armory, North Dakota, by striking National Guard Armory ; (9) in the item relating to Bennington National Guard Armory, Vermont, by striking National Guard Armory ; and (10) in the item relating to Camp Ethan Allen Training Site, Vermont, by striking Camp Ethan Allen Training Site and inserting Ethan Allen Air Force Base TS . XXVII Base realignment and closure activities 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense base closure account Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2022, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 ; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account established by section 2906 of such Act (as amended by section 2711 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239 ; 126 Stat. 2140), as specified in the funding table in section 4601. 2702. Prohibition on conducting additional base realignment and closure (BRAC) round Nothing in this Act shall be construed to authorize an additional Base Realignment and Closure (BRAC) round. XXVIII Military construction general provisions A Military Construction Program 2801. Modification of cost thresholds for authority of Department of Defense to acquire low-cost interests in land Section 2663(c) of title 10, United States Code, is amended— (1) in paragraph (1)(B), by striking $750,000 and inserting $6,000,000 ; (2) by striking paragraph (2); (3) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (4) in paragraph (2), as redesignated by paragraph (3), by striking unless the total cost is not more than $750,000, in the case of an acquisition under paragraph (1), or $1,500,000, in the case of an acquisition under paragraph (2) and inserting unless the total cost is not more than $6,000,000 . 2802. Clarification of exceptions to limitations on cost variations for military construction projects and military family housing projects Subparagraph (D) of section 2853(c)(1) of title 10, United States Code, is amended to read as follows: (D) The Secretary concerned may not use the authority provided by subparagraph (A) to waive the cost limitation applicable to a military construction project with a total authorized cost greater than $500,000,000 or a military family housing project with a total authorized cost greater than $500,000,000 if that waiver would increase the project cost by more than 50 percent of the total authorized cost of the project. . 2803. Elimination of sunset of authority to conduct unspecified minor military construction for lab revitalization Section 2805(d) of title 10, United States Code, is amended by striking paragraph (5). 2804. Requirement for inclusion of Department of Defense Forms 1391 with annual budget submission by President Concurrently with the submission to Congress by the President of the annual budget of the Department of Defense for a fiscal year under section 1105(a) of title 31, United States Code, the President shall include each Department of Defense Form 1391, or successor similar form, for a military construction project to be carried out during that fiscal year. 2805. Determination and notification relating to Executive orders that impact cost and scope of work of military construction projects (a) Determination and update of form 1391 Not later than 30 days after the date on which an Executive order is signed by the President, the Secretary concerned shall— (1) determine whether the Executive order would cause a cost or scope of work variation for a military construction project under the jurisdiction of the Secretary concerned; and (2) update the Department of Defense Form 1391 for each military construction project under the jurisdiction of the Secretary concerned that would be impacted by such cost or scope of work variation that has not been submitted to Congress for consideration, including— (A) projects for the next fiscal year; and (B) projects covered by the future-years defense program submitted under section 221 of title 10, United States Code. (b) Notification to Congress Not later than 10 days after determining under subsection (a)(1) that an Executive order would cause a cost or scope of work variation for a military construction project, the Secretary concerned shall submit to the congressional defense committees a report indicating all military construction projects under the jurisdiction of the Secretary concerned with respect to which costs would increase due to the Executive order. (c) Certification Before the submission to Congress of the budget of the President for a fiscal year under section 1105(a) of title 31, United States Code, each Secretary concerned shall certify to Congress that each Department of Defense Form 1391 provided to Congress for that fiscal year for a military construction project has been updated with any cost or scope of work variation specified in subsection (a)(1) caused by an Executive order signed during the four-year period preceding such certification, including an indication of any cost increases for such project that is directly attributable to such Executive order. (d) Secretary concerned defined In this section, the term Secretary concerned has the meaning given that term in section 101 of title 10, United States Code. 2806. Extension of authorization of depot working capital funds for unspecified minor military construction Section 2208(u)(4) of title 10, United States Code, is amended by striking September 30, 2023 , and inserting September 30, 2025 . 2807. Temporary increase of amounts in connection with authority to carry out unspecified minor military construction For the period beginning on the date of the enactment of this Act and ending on December 1, 2025, section 2805 of title 10, United States Code, shall be applied and administered— (1) in subsection (a)(2), by substituting $9,000,000 for $6,000,000 ; (2) in subsection (c), by substituting $4,000,000 for $2,000,000 ; (3) in subsection (d)— (A) in paragraph (1)— (i) in subparagraph (A), by substituting $9,000,000 for $6,000,000 ; and (ii) in subparagraph (B), by substituting $9,000,000 for $6,000,000 ; and (B) in paragraph (2), by substituting $9,000,000 for $6,000,000 ; and (4) in subsection (f)(1), by substituting $14,000,000 for $10,000,000 . 2808. Electrical charging capability construction requirements relating to parking for Federal Government motor vehicles (a) In general If the Secretary concerned develops plans for a project to construct any facility that includes or will include parking for covered motor vehicles, the Secretary concerned shall include in any Department of Defense Form 1391, or successor form, submitted to Congress for that project— (1) the provision of electric vehicle charging capability at the facility adequate to provide electrical charging, concurrently, for not less than 15 percent of all covered motor vehicles planned to be parked at the facility; (2) the inclusion of the cost of constructing such capability in the overall cost of the project; and (3) an analysis of whether a parking structure or lot will be the primary charging area for covered motor vehicles or if another area, such as public works or the motor pool, will be the primary charging area. (b) Definitions In this section: (1) Covered motor vehicle The term covered motor vehicle means a Federal Government motor vehicle, including a motor vehicle leased by the Federal Government. (2) Secretary concerned The term Secretary concerned means— (A) the Secretary of a military department with respect to facilities under the jurisdiction of that Secretary; and (B) the Secretary of Defense with respect to matters concerning the Defense Agencies and facilities of a reserve component owned by a State rather than the United States. 2809. Use of integrated project delivery contracts (a) In general In fiscal year 2023, the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force shall each enter into at least one integrated project delivery contract for the delivery of a military construction project. (b) Integrated project delivery contract defined In this section, the term integrated project delivery contract means a contract, including a multi-party contract, that— (1) includes at least the owner, builder, and architect engineer; and (2) shares the risks and rewards among all parties to the contract. 2810. Expansion of pilot program on increased use of sustainable building materials in military construction to include locations throughout the United States Section 2861(b)(2) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 2802 note) is amended, in the matter preceding subparagraph (A), by striking continental . B Military Housing 2821. Specification of Assistant Secretary of Defense for Energy, Installations, and Environment as Chief Housing Officer Subsection (a) of section 2851a of title 10, United States Code, is amended to read as follows: (a) In general The Assistant Secretary of Defense for Energy, Installations, and Environment shall serve as the Chief Housing Officer, who shall oversee family housing and military unaccompanied housing under the jurisdiction of the Department of Defense or acquired or constructed under subchapter IV of this chapter (in this section referred to as covered housing units ). . 2822. Department of Defense Military Housing Readiness Council (a) In general Chapter 88 of title 10, United States Code, is amended by inserting after section 1781c the following new section: 1781d. Department of Defense Military Housing Readiness Council (a) In general There is in the Department of Defense the Department of Defense Military Housing Readiness Council (in this section referred to as the Council ). (b) Members (1) In general The Council shall be composed of the following members: (A) The Assistant Secretary of Defense for Energy, Installations, and Environment, who shall serve as chair of the Council and who may designate a representative to chair the Council in the absence of the Assistant Secretary. (B) One representative of each of the Army, Navy, Air Force, Marine Corps, and Space Force, each of whom shall be a member of the armed force to be represented and not fewer than two of which shall be from an enlisted component. (C) One spouse of an active component member of each of the Army, Navy, Air Force, Marine Corps, and Space Force, not fewer than two of which shall be the spouse of an enlisted component member. (D) One individual appointed by the Secretary of Defense among representatives of the International Code Council. (E) One individual appointed by the Secretary of Defense among representatives of the Institute of Inspection Cleaning and Restoration Certification. (F) One individual appointed by the Chair of the Committee on Armed Services of the Senate who is not described in subparagraph (B) or (C) and is not a representative of an organization specified in subparagraph (D) or (E). (G) One individual appointed by the Ranking Member of the Committee on Armed Services of the Senate who is not described in subparagraph (B) or (C) and is not a representative of an organization specified in subparagraph (D) or (E). (H) One individual appointed by the Chair of the Committee on Armed Services of the House of Representatives who is not described in subparagraph (B) or (C) and is not a representative of an organization specified in subparagraph (D) or (E). (I) One individual appointed by the Ranking Member of the Committee on Armed Services of the House of Representatives who is not described in subparagraph (B) or (C) and is not a representative of an organization specified in subparagraph (D) or (E). (2) Terms The term on the Council of the members specified under subparagraphs (B) through (H) of paragraph (1) shall be two years and may be renewed by the Secretary of Defense. (3) Attendance by landlords The chair of the Council shall extend an invitation to each landlord for one representative of each landlord to attend such meetings of the Council as the chair considers appropriate. (c) Meetings The Council shall meet not less often than four times each year. (d) Duties The duties of the Council shall include the following: (1) To review and make recommendations to the Secretary of Defense regarding policies for privatized military housing, including inspections practices, resident surveys, landlord payment of medical bills for residents of housing units that have not maintained minimum standards of habitability, and access to maintenance work order systems. (2) To monitor compliance by the Department with and effective implementation by the Department of statutory improvements to policies for privatized military housing, including the Military Housing Privatization Initiative Tenant Bill of Rights developed under section 2890 of this title and the complaint database established under section 2894a of this title. (3) To make recommendations to the Secretary of Defense to improve collaboration, awareness, and promotion of accurate and timely information about privatized military housing, accommodations available through the Exceptional Family Member Program of the Department of Defense, and other support services among policymakers, service providers, and targeted beneficiaries. (e) Public reporting (1) Availability of documents Subject to section 552 of title 5 (commonly known as the Freedom of Information Act ), the records, reports, transcripts, minutes, appendices, working papers, drafts, studies, agenda, and other documents made available to or prepared for or by the Council shall be available for public inspection and copying at a single location in a publicly accessible format on a website of the Department of Defense until the Council ceases to exist. (2) Minutes (A) In general Detailed minutes of each meeting of the Council shall be kept and shall contain— (i) a record of the individuals present; (ii) a complete and accurate description of matters discussed and conclusions reached; and (iii) copies of all reports received, issued, or approved by the Council. (B) Certification The chair of the Council shall certify the accuracy of the minutes of each meeting of the Council. (f) Annual reports (1) In general Not later than March 1 each year, the Council shall submit to the Secretary of Defense and the congressional defense committees a report on privatized military housing readiness. (2) Elements Each report under this subsection shall include the following: (A) An assessment of the adequacy and effectiveness of the provision of privatized military housing and the activities of the Department of Defense in meeting the needs of military families relating to housing during the preceding fiscal year. (B) A description of activities of the Council during the preceding fiscal year, including— (i) analyses of complaints of tenants of housing units; (ii) data received by the Council on maintenance response time and completion of maintenance requests relating to housing units; (iii) assessments of dispute resolution processes; (iv) assessments of overall customer service for tenants; (v) assessments of results of housing inspections conducted with and without notice; (vi) any survey results conducted on behalf of or received by the Council. (C) Recommendations on actions to be taken to improve the capability of the provision of privatized military housing and the activities of the Department of Defense to meet the needs and requirements of military families relating to housing, including actions relating to the allocation of funding and other resources. (3) Public availability Each report under this subsection shall be made available in a publicly accessible format on a website of the Department of Defense. (g) Definitions In this section: (1) Landlord The term landlord has the meaning given that term in section 2871 of this title. (2) Privatized military housing The term privatized military housing means housing provided under subchapter IV of chapter 169 of this title. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1781c the following new item: 1781d. Department of Defense Military Housing Readiness Council. . 2823. Mandatory disclosure of potential presence of mold and health effects of mycotoxins before a lease is signed for privatized military housing (a) In general Subchapter V of chapter 169 of title 10, United States Code, is amended by inserting after section 2890 the following new section: 2890a. Disclosure of potential presence of mold and health effects of mycotoxins (a) In general The Secretary of Defense shall develop a mold disclosure document, which shall be provided by each landlord to a prospective tenant of a housing unit owned or managed by such landlord. (b) Elements of document The mold disclosure document developed under subsection (a) shall include the following: (1) A notification that mold could be present in the housing unit. (2) An instruction that any tenant that discovers mold in the housing unit should notify the landlord not later than 48 hours after discovering mold. (3) Information regarding the human health effects of mycotoxins. . (b) Clerical amendment The table of sections for such subchapter is amended by inserting after the item relating to section 2890 the following new item: 2890a. Disclosure of potential presence of mold and health effects of mycotoxins. . 2824. Implementation of recommendations from audit of medical conditions of residents in privatized military housing Not later than March 1, 2023, the Secretary of Defense shall implement the recommendations contained in the report of the Inspector General of the Department of Defense dated April 1, 2022, and entitled, Audit of Medical Conditions of Residents in Privatized Military Housing (DODIG–2022–078). C Land Conveyances 2841. Conveyance, Joint Base Charleston, South Carolina (a) Conveyance authorized The Secretary of the Air Force (in this section referred to as the Secretary ) may convey to the City of North Charleston, South Carolina (in this section referred to as the City ) all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 26 acres known as the Old Navy Yard at Joint Base Charleston, South Carolina, for the purpose of permitting the City to use the property for economic development. (b) Consideration (1) In general As consideration for the conveyance under subsection (a), the City shall pay to the United States an amount equal to not less than the fair market value, as determined by the Secretary, based on an appraisal of the property to be conveyed under such subsection, which may consist of cash payment, in-kind consideration as described under paragraph (3), or a combination thereof. (2) Sufficiency of consideration (A) In general Consideration paid to the Secretary under paragraph (1) must be sufficient, as determined by the Secretary, to provide replacement space for, and for the relocation of, any personnel, furniture, fixtures, equipment, and personal property of any kind belonging to any military department located upon the property to be conveyed under subsection (a). (B) Completion prior to conveyance Any cash consideration must be paid in full and any in-kind consideration must be complete, useable, and delivered to the satisfaction of the Secretary at or prior to the conveyance under subsection (a). (3) In-kind consideration In-kind consideration paid by the City under paragraph (1) may include the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure with proximity to Joint Base Charleston Weapons Station (South Annex) and located on Joint Base Charleston, that the Secretary considers acceptable. (4) Treatment of cash consideration received Any cash consideration received by the United States under paragraph (1) shall be deposited in the special account in the Treasury under subparagraph (A) of section 572(b)(5) of title 40, United States Code, and shall be available in accordance with subparagraph (B)(ii) of such section. (c) Payment of costs of conveyance (1) Payment required (A) In general The Secretary may require the City to cover all costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, appraisal costs, costs related to environmental documentation, and any other administrative costs related to the conveyance. (B) Refund of amounts If amounts paid by the City to the Secretary in advance exceed the costs actually incurred by the Secretary to carry out the conveyance under subsection (a), the Secretary shall refund the excess amount to the City. (2) Treatment of amounts received Amounts received under paragraph (1) as reimbursement for costs incurred by the Secretary to carry out the conveyance under subsection (a) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance or to an appropriate fund or account currently available to the Secretary for the purposes for which the costs were paid. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and to the same conditions and limitations, as amounts in such fund or account. (d) Description of property The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. (e) Condition of conveyance The conveyance under subsection (a) shall be subject to all valid existing rights and the City shall accept the property (and any improvements thereon) in its condition at the time of the conveyance (commonly known as a conveyance as is ). (f) Additional terms and conditions The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. (g) Old Navy Yard defined In this section, the term Old Navy Yard includes the facilities used by the Naval Information Warfare Center Atlantic, including buildings 1602, 1603, 1639, 1648, and such other facilities, infrastructure, and land along or near the Cooper River waterfront at Joint Base Charleston as the Secretary considers appropriate. D Other Matters 2861. Integrated master infrastructure plan to support defense of Guam (a) Update of plan and report Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the heads of such Federal agencies as the Secretary considers pertinent— (1) update the plan detailing descriptions of work, costs, and a schedule for completion of construction, improvements, and repairs to the nonmilitary utilities, facilities, and infrastructure, if any, on Guam affected by the realignment of forces, required by section 2822 of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ), to reflect current and future plans for the introduction of additional military and supporting nonmilitary capabilities on the island; and (2) submit to the congressional defense committees a report on the updates made under paragraph (1). (b) Matters included In preparing th update required by subsection (a)(1), the Secretary shall ensure that, at a minimum, the resulting updated plan addresses: (1) necessary improvements to the existing civilian electrical power grid and electric power generation capabilities to ensure that the expected increase in Department of Defense power requirements can be satisfied without adversely affecting the general population; (2) opportunities for increasing energy resilience for Department of Defense facilities and reducing expected demands on civilian resources; (3) expediting the ability to remove unexploded ordinance during construction; (4) required enhancements to potable water supplies and sewer systems to sustain expected increases in Department of Defense employees, military, supporting personnel, and dependents; (5) needed civilian roadway rehabilitation efforts and enhancements to support increased traffic and heavy equipment movements; (6) advisable commercial airport and seaport rehabilitation and capacity expansion projects that could improve logistical effectiveness and efficiency; (7) expanded public safety infrastructure needs to provide adequate fire and police services for expected increases in Department of Defense employees, military, supporting personnel, and dependents; (8) projected timelines for completion and anticipated phasing for projects; and (9) other topics the Secretary deems appropriate to include. (c) Form The report submitted under subsection (a)(2) shall be submitted in unclassified form, but may include a classified annex. 2862. Repeal of requirement for Interagency Coordination Group of Inspectors General for Guam Realignment Section 2835 of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84 ; 10 U.S.C. 2687 note) is repealed. 2863. Temporary authority for acceptance and use of funds for certain construction projects in the Republic of Korea Section 2863 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1899) is amended— (1) in the section heading, by striking mutually beneficial to the Department of Defense and and inserting in ; (2) in subsection (a)(1)— (A) in the matter preceding subparagraph (A), by striking cash ; and (B) in subparagraph (B), by inserting and construction after The design ; (3) in subsection (b), by striking Contributions and inserting Cash contributions ; and (4) by amending subsection (e) to read as follows: (e) Method of contribution Contributions may be accepted under subsection (a) in any of the following forms: (1) Irrevocable letter of credit issued by a financial institution acceptable to the Treasurer of the United States. (2) Drawing rights on a commercial bank account established and funded by the Republic of Korea, which account is blocked such that funds deposited cannot be withdrawn except by or with the approval of the United States. (3) Cash, which shall be deposited into the account established under subsection (b). . 2864. Modification of quitclaim deed between the United States and the City of Clinton, Oklahoma (a) In general The Secretary of Defense shall abrogate and release the City of Clinton, Oklahoma, or any subsequent grantee, from the conditions specified in subsection (b) for the land specified in subsection (d). (b) Conditions specified The conditions specified in this subsection are the following: (1) That during any national emergency declared by the President or Congress, the Department of Defense shall have the right to make exclusive or nonexclusive use and have exclusive or nonexclusive control and possession, without charge, of the airport located on the land specified in subsection (d), or of such portion thereof as the President may desire. (2) That the Department of Defense shall be responsible for the entire cost of maintaining such part of the airport as it may use exclusively, or over which it may have exclusive possession or control, during the period of such use, possession, or control, and shall be obligated to contribute a reasonable share, commensurate with the use made by it, of the cost of maintenance of such property as it may use nonexclusively or over which it may have nonexclusive control and possession. (3) That the Department of Defense shall pay a fair rental for its use, control, or possession, exclusively or nonexclusively, of any improvements to the airport made without aid from the Department. (c) Payment of costs The City of Clinton, Oklahoma, or any subsequent grantee, shall pay all costs related to any survey, legal description, contract modification, or deed modification necessary to carry out subsection (a). (d) Land specified The land specified in this subsection— (1) is the land owned or maintained by the Department of Defense that is— (A) adjacent to the City of Clinton Spaceport covered within the quitclaim deed dated January 27, 1949, between the United States and the City of Clinton, Oklahoma; (B) east of the Clinton Sherman Airport with— (i) northern boundary of Sooner Drive between 7th Street and 2nd Street; (ii) southern boundary of East 1160 Road extending from 2nd Street past Little Elk Creek; (iii) western boundary running parallel to 2nd Street; and (iv) western boundary extending past Little Elk Creek to Woodland Street; and (C) encompassing the Greens Burns Flat Golf Course; and (2) does not include— (A) the Clinton Sherman Airport or runway; or (B) any land west of 2nd Street adjacent to the Oklahoma Space Industry Development Authority maintenance building or its surrounding support west of 2nd Street. 2865. Prohibition on joint use of Homestead Air Reserve Base with civil aviation On or before September 30, 2026, the Secretary of the Air Force may not enter into an agreement that would provide for or permit the joint use of Homestead Air Reserve Base, Homestead, Florida, by the Air Force and civil aircraft. 2866. Inclusion of infrastructure improvements identified in the report on strategic seaports in Defense Community Infrastructure Pilot Program Section 2391(d) of title 10, United States Code, is amended— (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (2) by inserting after paragraph (2) the following new paragraph (3): (3) In selecting community infrastructure projects to receive assistance under this subsection, the Secretary shall consider infrastructure improvements identified in the report on strategic seaports required by section 3515 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1985). . 2867. Procurement of electric, zero emission, advanced-biofuel-powered, or hydrogen-powered vehicles for the Department of Defense (a) Procurement requirement (1) In general Section 2922g of title 10, United States Code, is amended to read as follows: 2922g. Procurement of electric, zero emission, advanced-biofuel-powered, or hydrogen-powered vehicles (a) Requirement Except as provided in subsection (b), all covered nontactical vehicles purchased or leased by or for the use of the Department of Defense shall be— (1) an electric or zero emission vehicle that uses a charging connector type (or other means to transmit electricity to the vehicle) that meets applicable industry accepted standards for interoperability and safety; (2) an advanced-biofuel-powered vehicle; or (3) a hydrogen-powered vehicle. (b) Relation to other vehicle technologies that reduce consumption of fossil fuels Notwithstanding the requirement under subsection (a), the Secretary of Defense may authorize the purchase or lease of covered nontactical vehicles that are not described in such subsection if the Secretary determines, on a case by case basis, that— (1) the technology used in the vehicles to be purchased or leased reduces the consumption of fossil fuels compared to vehicles that use conventional internal combustion technology; (2) the purchase or lease of such vehicles is consistent with the energy performance goals and plan of the Department of Defense required by section 2911 of this title; and (3) the purchase or lease of vehicles described in subsection (a) is impracticable under the circumstances. (c) Waiver (1) In general The Secretary of Defense may waive the requirement under subsection (a). (2) Nondelegation The Secretary of Defense may not delegate the waiver authority under paragraph (1). (d) Definitions In this section: (1) Advanced-biofuel-powered vehicle The term advanced-biofuel-powered vehicle includes a vehicle that uses a fuel described in section 9001(3)(A) of the Farm Security and Rural Investment Act of 2202 ( 7 U.S.C. 8101(3)(A) ). (2) Covered nontactical vehicle The term covered nontactical vehicle means any vehicle— (A) that is not a tactical vehicle designed for use in combat; and (B) that is purchased or leased by the Department of Defense pursuant to a contract entered into, renewed, modified, or amended on or after October 1, 2030. (3) Hydrogen-powered vehicle The term hydrogen-powered vehicle means a vehicle that uses hydrogen as the main source of motive power, either through a fuel cell or internal combustion. . (2) Clerical amendment The table of sections at the beginning of subchapter II of chapter 173 of such title is amended by striking the item relating to section 2922g and inserting the following new item: 2922g. Procurement of electric, zero emission, advanced-biofuel-powered, or hydrogen-powered vehicles. . (b) Effective date The amendments made by subsection (a) shall take effect on October 1, 2030. C DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS XXXI DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS A National Security Programs and Authorizations 3101. National Nuclear Security Administration (a) Authorization of appropriations Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2023 for the activities of the National Nuclear Security Administration in carrying out programs as specified in the funding table in section 4701. (b) Authorization of new plant projects From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out new plant projects for the National Nuclear Security Administration as follows: Project 23–D–516, Energetic Materials Characterization Facility, Los Alamos National Laboratory, Los Alamos, New Mexico, $19,000,000. Project 23–D–517, Electrical Power Capacity Upgrade, Los Alamos National Laboratory, Los Alamos, New Mexico, $24,000,000. Project 23–D–518, Plutonium Modernization Operations and Waste Management Office Building, Los Alamos National Laboratory, Los Alamos, New Mexico, $48,500,000. Project 23–D–519, Special Materials Facility, Y-12 National Security Complex, Oak Ridge, Tennessee, $49,500,000. Project 23–D–533, Component Test Complex Project, Bettis Atomic Power Laboratory, West Mifflin, Pennsylvania, $57,420,000. 3102. Defense environmental cleanup (a) Authorization of appropriations Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2023 for defense environmental cleanup activities in carrying out programs as specified in the funding table in section 4701. (b) Authorization of new plant projects From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out, for defense environmental cleanup activities, the following new plant projects: Project 23–D–402, Calcine Construction, Idaho National Laboratory, Idaho Falls, Idaho, $10,000,000. Project 23–D–403 200 West Area Tank Farms Risk Management Project, Hanford Site, Richland, Washington, $4,408,000. Project 23–D–404, 181D Export Water System Reconfiguration and Upgrade, Hanford Site, Richland, Washington, $6,770,000 Project 23–D–405, 181B Export Water System Reconfiguration and Upgrade, Hanford Site, Richland, Washington, $480,000. 3103. Other defense activities Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2023 for other defense activities in carrying out programs as specified in the funding table in section 4701. 3104. Nuclear energy Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2023 for nuclear energy as specified in the funding table in section 4701. B Program Authorizations, Restrictions, and Limitations 3111. Workforce enhancement for National Nuclear Security Administration (a) Fixed-term appointment for Administrator for Nuclear Security (1) In general Section 202(c) of the Department of Energy Organization Act ( 42 U.S.C. 7132(c) ) is amended— (A) in paragraph (1)— (i) by inserting (A) after (1) ; (ii) by striking shall be appointed and all that follows through Code. and inserting the following: “shall— (i) be appointed by the President, by and with the advice and consent of the Senate; and (ii) serve— (I) except as provided in subclause (II), for a term of not more than 5 years; or (II) until a successor is appointed, by and with the advice and consent of the Senate. ; and (iii) by adding at the end the following: (B) A person appointed to serve as the Under Secretary for Nuclear Security may continue to serve in that position after the expiration of the person’s term under subparagraph (A)(ii) until a successor is appointed, by and with the advice and consent of the Senate. ; (B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (C) by inserting after paragraph (1) the following new paragraph (2): (2) The Under Secretary for Nuclear Security shall be compensated at the rate provided for at level III of the Executive Schedule under section 5314 of title 5, United States Code. . (2) Effective date The amendments made by paragraph (1) apply with respect to an individual appointed to serve as the Under Secretary for Nuclear Security on or after January 20, 2023. (b) Repeal of cap on full-time equivalent employees of the National Nuclear Security Administration (1) In general Section 3241A of the National Nuclear Security Administration Act ( 50 U.S.C. 2441a ) is repealed. (2) Clerical amendment The table of contents for the National Nuclear Security Administration Act is amended by striking the item relating to section 3241A. 3112. Acceleration of depleted uranium manufacturing processes (a) Acceleration of manufacturing The Administrator for Nuclear Security shall require the nuclear security enterprise to accelerate the modernization of manufacturing processes for depleted uranium so that the nuclear security enterprise— (1) by not later than 2026— (A) demonstrates bulk cold hearth melting of depleted uranium to replace existing technologies; and (B) manufactures, on a repeatable and ongoing basis, war reserve depleted uranium components using net shape casting; and (2) by not later than 2028, produces bulk depleted uranium using cold hearth melting on an operational basis for war reserve components. (b) Operation of manufacturing facility (1) Acquisition of facility By not later than 2026, the Administrator shall demonstrate, if possible through the use of leased real estate options, a production facility for manufacturing depleted uranium components outside the current perimeter security fencing of the Y–12 National Security Complex, Oak Ridge, Tennessee. (2) Operation The Administrator shall ensure that, by not later than 2029, the facility acquired under paragraph (1) conducts routine operations for the manufacture of war reserve components. (c) Conversion of depleted uranium hexafluoride to depleted uranium tetrafluoride The Administrator shall ensure that the nuclear security enterprise— (1) by not later than 2026, demonstrates the conversion of depleted uranium hexafluoride to depleted uranium tetrafluoride; (2) by not later than 2028, converts depleted uranium hexaflouride to depleted uranium tetrafluoride on an operational basis; and (3) by not later than 2030, has available high purity depleted uranium for the production of war reserve components. (d) Briefing Not later than March 31, 2023, and annually thereafter through 2030, the Administrator shall brief the congressional defense committees on— (1) progress made in carrying out subsections (a), (b), and (c); (2) the cost of activities conducted under such subsections during the preceding fiscal year; and (3) the ability of the nuclear security enterprise to convert depleted uranium fluoride hexafluoride to depleted uranium tetraflouride. (e) Nuclear security enterprise defined In this section, the term nuclear security enterprise has the meaning given that term in section 4002 of the Atomic Energy Defense Act ( 50 U.S.C. 2501 ). 3113. Certification of completion of milestones with respect to plutonium pit aging (a) In general The National Nuclear Security Administration shall complete the milestones on plutonium pit aging identified in the report entitled Research Program Plan for Plutonium and Pit Aging , published by the Administration in September 2021. (b) Annual assessment The Administrator for Nuclear Security shall seek to enter into an arrangement with the private scientific advisory group known as JASON to conduct, annually through 2030, an assessment of the progress achieved toward completing the milestones described in subsection (a). (c) Briefing of congressional defense committees Not later than 1 year after the date of the enactment of this Act, and annually thereafter until 2030, the Administrator shall brief the congressional defense committees on— (1) the progress achieved toward completing the milestones described in subsection (a); and (2) the results of the assessment described in subsection (b). (d) Certification of completion of milestones (1) In general Not later than October 1, 2031, the Administrator shall certify to the congressional defense committees whether the milestones described in subsection (a) have been achieved. (2) Justification for incomplete milestones If the milestones described in subsection (a) have not been achieved, the Administrator shall submit to the congressional defense committees, concurrently with the certification required by paragraph (1), a report— (A) describing the reasons such milestones have not been achieved; (B) including, if the Administrator determines the Administration will not be able to meet one of such milestones, an explanation for that determination; and (C) specifying new dates for the completion of the milestones the Administrator anticipates the Administration will meet. 3114. Assistance by the National Nuclear Security Administration to the Air Force for the development of the Mark 21A fuse (a) In general Not later than 90 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall enter into an agreement with the Secretary of the Air Force under which the Administrator shall provide assistance to the Air Force in developing a fuse for the Mark 21A reentry vehicle to support the W87–1 warhead over the projected lifetime of the warhead, including by— (1) acting as an external reviewer of the Mark 21A fuse, including by reviewing— (A) the design of the fuse; (B) the quality of manufacturing and parts; and (C) the life availability of components; (2) advising and supporting the Air Force on strategies to mitigate technical and schedule fuse risks; and (3) otherwise ensuring the expertise of the National Nuclear Security Administration in fuse and warhead design and manufacturing is available to support successful development and sustainment of the fuse over its lifetime. (b) Budget request The Administrator shall include, in the budget justification materials submitted to Congress in support of the budget of the Department of Energy for fiscal year 2024 (as submitted with the budget of the President under section 1105(a) of title 31, United States Code), a request for amounts sufficient to ensure that the assistance provided to the Air Force under the agreement required by subsection (a) does not negatively affect ongoing nuclear modernization programs of the Administration. (c) Nuclear Weapons Council review The Nuclear Weapons Council established under section 179 of title 10, United States Code, shall review the agreement required by subsection (a) and ensure that assistance provided under such agreement aligns with ongoing programs of record between the Department of Defense and the Administration. (d) Transmittal of agreement Not later than 120 days after the date of the enactment of this Act, the Nuclear Weapons Council shall transmit to the congressional defense committee the agreement required by subsection (a) and any comments that the Council considers appropriate. 3115. Extension of deadline for transfer of parcels of land to be conveyed to Los Alamos County, New Mexico (a) Environmental restoration If the Secretary of Energy, under any authority granted by law, determines that a covered parcel of land requires environmental restoration or remediation, the Secretary shall, to the maximum extent practicable, complete the environmental restoration or remediation of the covered parcel of land not later than September 30, 2032, and otherwise in compliance with such authority. (b) Conveyance or transfer If the Secretary, under any authority granted by law, determines that environmental restoration or remediation cannot reasonably be expected to be completed with respect to a covered parcel of land by September 30, 2032, the Secretary may not convey or transfer the covered parcel of land. (c) Covered parcel of land defined The term covered parcel of land means a parcel of land— (1) under the jurisdiction or administrative control of the Secretary of Energy; (2) located at or in the vicinity of Los Alamos National Laboratory, Los Alamos, New Mexico; and (3) that the Secretary identified, in a report submitted to the congressional defense committees before the date of the enactment of this Act, as suitable for conveyance or transfer to Los Alamos County. 3116. Use of alternative technologies to eliminate proliferation threats at vulnerable sites Section 4306B of the Atomic Energy Defense Act ( 50 U.S.C. 2569 ) is amended— (1) in subsection (c)(1)(M)(ii), by inserting (including through the use of alternative technologies) after convert ; and (2) in subsection (g), by adding at the end the following new paragraph: (7) The term alternative technologies means technologies, such as accelerator-based equipment, that do not use radiological materials. . 3117. Update to plan for deactivation and decommissioning of nonoperational defense nuclear facilities Section 4423 of the Atomic Energy Defense Act ( 50 U.S.C. 2603 ) is amended— (1) by striking even-numbered each place it appears and inserting odd-numbered ; (2) by striking 2016 each place it appears and inserting 2023 ; (3) in subsection (c)— (A) by striking 2019 and inserting 2025 ; and (B) by striking determines— and all that follows and inserting determines are nonoperational as of September 30, 2022. ; (4) in subsection (d)(4), by striking 2018 and inserting 2024 ; and (5) in subsection (e), by striking 2026 and inserting 2031 . C Budget and Financial Management Matters 3121. Modification of cost baselines for certain projects Section 4713(a) of the Atomic Energy Defense Act ( 50 U.S.C. 2753(a) ) is amended— (1) in paragraph (2)(D), by striking $750,000,000 and inserting $960,000,000 (in base fiscal year 2022 dollars) ; (2) in paragraph (3)(A)(i), by striking $50,000,000 and inserting $65,000,000 (in base fiscal year 2022 dollars) ; and (3) in paragraph (4)(A)(i), by striking $50,000,000 and inserting $65,000,000 (in base fiscal year 2022 dollars) . 3122. Unavailability for overhead costs of amounts specified for laboratory-directed research and development (a) In general Section 4812 of the Atomic Energy Defense Act ( 50 U.S.C. 2792 ) is amended by adding at the end the following new subsection: (c) Limitation on use of funds for overhead A national security laboratory may not use funds made available under section 4811(c) to cover the costs of general and administrative overhead for the laboratory. . (b) Repeal of pilot program Section 3119 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 50 U.S.C. 2791 note) is repealed. 3123. Purchase of real property options (a) In general Subtitle E of the National Nuclear Security Administration Act ( 50 U.S.C. 2461 et seq. ) is amended by adding at the end the following new section: 3265. Use of funds for the purchase of options to purchase or lease real property (a) In general Subject to the limitation in subsection (b), funds authorized to be appropriated for the Administration for the purchase of real property may be expended to purchase options for the purchase or lease of real property. (b) Limitation on price of options The price of any option purchased pursuant to subsection (a) may not exceed the minor construction threshold (as defined in section 4701 of the Atomic Energy Defense Act ( 50 U.S.C. 2741 )). (c) Notice Not later than 14 days after the date an option is purchased pursuant to subsection (a), the Administrator for Nuclear Security shall submit to the congressional defense committees— (1) a notification of such purchase; and (2) a summary of the rationale for such purchase. . (b) Clerical amendment The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 3264 the following new item: Sec. 3265. Use of funds for the purchase of options to purchase or lease real property. . 3124. Determination of standardized indirect cost elements (a) In general Not later than March 31, 2025, the Deputy Chief Financial Officer of the Department of Energy shall, in consultation with the Administrator for Nuclear Security and the Director of the Office of Science, determine standardized indirect cost elements to be reported by contractors to the Administrator. (b) Report Not later than 90 days after the date that the determination required by subsection (a) is made, the Deputy Chief Financial Officer shall, in coordination with the Administrator and the Director, submit to the congressional defense committees a report describing the standardized indirect cost elements determined under subsection (a) and a plan to require contractors to report, beginning in fiscal year 2026, such standardized indirect cost elements to the Administrator. (c) Standardized indirect cost elements defined In this section, the term standardized indirect cost elements means the categories of indirect costs incurred by management and operating contractors that receive funds to perform work for the National Nuclear Security Administration. 3125. Adjustment of minor construction threshold Section 4701 of the Atomic Energy Defense Act ( 50 U.S.C. 2741 ) is amended— (1) in paragraph (1), by inserting DOE national security authorization .— before The ; and (2) by striking paragraph (2) and inserting the following new paragraph (2): (2) Minor construction threshold The term minor construction threshold means $25,000,000 (in base fiscal year 2021 dollars). . 3126. Requirements for specific request for new or modified nuclear weapons Section 4209 of the Atomic Energy Defense Act ( 50 U.S.C. 2529 ) is amended— (1) in subsection (a)(1), by inserting beyond phase 1 or phase 6.1 (as the case may be) of the nuclear weapon acquisition process after modified nuclear weapon ; and (2) by striking subsection (b) and inserting the following new subsection: (b) Budget request format In a request for funds under subsection (a), the Secretary shall include a dedicated line item for each activity described in subsection (a)(2) for a new nuclear weapon or modified nuclear weapon that is in phase 2 or higher or phase 6.2 or higher (as the case may be) of the nuclear weapon acquisition process. . 3127. Limitation on use of funds for National Nuclear Security Administration facility advanced manufacturing development (a) In general Of the funds authorized to be appropriated by this Act for fiscal year 2023 for the National Nuclear Security Administration for advanced manufacturing development, the Administrator for Nuclear Security may authorize an amount, not to exceed 5 percent of such funds, to be used by the director of a nuclear weapons production facility to engage in research, development, and demonstration activities in order to maintain and enhance the engineering and manufacturing capabilities at such facility. (b) Nuclear weapons production facility defined In this section, the term nuclear weapons production facility means any of the following: (1) The Kansas City National Security Campus, Kansas City, Missouri, and any related satellite location. (2) The Y–12 National Security Complex, Oak Ridge, Tennessee. (3) The Pantex Plant, Amarillo, Texas. (4) The Savannah River Site, Aiken, South Carolina. (5) The Nevada National Security Site, North Las Vegas, Nevada. D Other Matters 3131. Repeal of obsolete provisions of the Atomic Energy Defense Act and other provisions (a) Repeal of provisions of the Atomic Energy Defense Act (1) In general The Atomic Energy Defense Act ( 50 U.S.C. 2501 et seq. ) is amended— (A) in title XLII— (i) in subtitle A, by striking section 4215; and (ii) in subtitle B, by striking section 4235; and (B) in title XLIV— (i) in subtitle A, by striking section 4403; (ii) in subtitle C, by striking sections 4444, 4445, and 4446; and (iii) in subtitle D, by striking section 4454. (2) Clerical amendment The table of contents for the Atomic Energy Defense Act is amended by striking the items relating to sections 4215, 4235, 4403, 4444, 4445, 4446, and 4454. (b) Repeal of other provisions (1) Authority to use international nuclear materials protection and cooperation program funds outside the former Soviet Union Section 3124 of the National Defense Authorization Act for Fiscal Year 2004 ( 50 U.S.C. 2568 ) is repealed. (2) Silk Road Initiative; Nuclear Nonproliferation Fellowships Sections 3133 and 3134 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ( 50 U.S.C. 2570 , 2571) are repealed. (3) Requirement for research and development plan and report with respect to nuclear forensics capabilities Section 3114 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( 50 U.S.C. 2574 ) is repealed. XXXII DEFENSE NUCLEAR FACILITIES SAFETY BOARD 3201. Authorization There are authorized to be appropriated for fiscal year 2023, $41,401,400 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2286 et seq. ). 3202. Delegation of authority to Chairperson of Defense Nuclear Facilities Safety Board Section 311 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2286 ) is amended by striking subsection (e) and inserting the following new subsection (e): (e) Quorum (1) In general Three members of the Board shall constitute a quorum, but a lesser number may hold hearings. (2) Delegation of authority (A) In general Upon a loss of quorum due to vacancy or incapacity of a member of the Board, the authorities of the Board under sections 312, 313, 315, and 316 shall be delegated to the Chairperson. (B) Termination of delegation Any delegation of authority under subparagraph (A) shall terminate upon re-establishment of a quorum. (C) Limitations on delegated authority If any authority of the Board has been delegated to the Chairperson under subparagraph (A) and a member is serving on the Board with the Chairperson, the Chairperson— (i) shall consult with such member before exercising such delegated authority; and (ii) may initiate an investigation or issue a recommendation to the Secretary of Energy only with the approval of such member. (D) Notification The Board shall notify the congressional defense committees not later than 30 days before any date on which— (i) the Board delegates any authority under subparagraph (A); (ii) the Chairperson exercises such authority; or (iii) the Chairperson initiates an investigation or issues a recommendation to the Secretary of Energy. . XXXV MARITIME ADMINISTRATION 3501. Maritime Administration Section 109 of title 49, United States Code, is amended to read as follows: 109. Maritime Administration (a) Organization and mission The Maritime Administration is an administration in the Department of Transportation. The mission of the Maritime Administration is to foster, promote, and develop the merchant maritime industry of the United States. (b) Maritime Administrator The head of the Maritime Administration is the Maritime Administrator, who is appointed by the President by and with the advice and consent of the Senate. The Administrator shall report directly to the Secretary of Transportation and carry out the duties prescribed by the Secretary. (c) Deputy Maritime Administrator The Maritime Administration shall have a Deputy Maritime Administrator, who is appointed in the competitive service by the Secretary, after consultation with the Administrator. The Deputy Administrator shall carry out the duties prescribed by the Administrator. The Deputy Administrator shall be Acting Administrator during the absence or disability of the Administrator and, unless the Secretary designates another individual, during a vacancy in the office of Administrator. (d) Duties and powers vested in Secretary All duties and powers of the Maritime Administration are vested in the Secretary. (e) Regional offices The Maritime Administration shall have regional offices for the Atlantic, Gulf, Great Lakes, and Pacific port ranges, and may have other regional offices as necessary. The Secretary shall appoint a qualified individual as Director of each regional office. The Secretary shall carry out appropriate activities and programs of the Maritime Administration through the regional offices. (f) Interagency and industry relations The Secretary shall establish and maintain liaison with other agencies, and with representative trade organizations throughout the United States, concerned with the transportation of commodities by water in the export and import foreign commerce of the United States, for the purpose of securing preference to vessels of the United States for the transportation of those commodities. (g) Detailing officers from Armed Forces To assist the Secretary in carrying out duties and powers relating to the Maritime Administration, not more than five officers of the Armed Forces may be detailed to the Secretary at any one time, in addition to details authorized by any other law. During the period of a detail, the Secretary shall pay the officer an amount that, when added to the officer's pay and allowances as an officer in the Armed Forces, makes the officer's total pay and allowances equal to the amount that would be paid to an individual performing work the Secretary considers to be of similar importance, difficulty, and responsibility as that performed by the officer during the detail. (h) Contracts, cooperative agreements, and audits (1) Contracts and cooperative agreements In the same manner that a private corporation may make a contract within the scope of its authority under its charter, the Secretary may make contracts and cooperative agreements for the United States Government and disburse amounts to— (A) carry out the Secretary's duties and powers under this section, subtitle V of title 46, and all other Maritime Administration programs; and (B) protect, preserve, and improve collateral held by the Secretary to secure indebtedness. (2) Audits The financial transactions of the Secretary under paragraph (1) shall be audited by the Comptroller General. The Comptroller General shall allow credit for an expenditure shown to be necessary because of the nature of the business activities authorized by this section or subtitle V of title 46. At least once a year, the Comptroller General shall report to Congress any departure by the Secretary from this section or subtitle V of title 46. (i) Grant administrative expenses Except as otherwise provided by law, the administrative and related expenses for the administration of any grant programs by the Maritime Administrator may not exceed 3 percent. (j) Authorization of appropriations (1) In general Except as otherwise provided in this subsection, there are authorized to be appropriated such amounts as may be necessary to carry out the duties and powers of the Secretary relating to the Maritime Administration. (2) Limitations Only those amounts specifically authorized by law may be appropriated for the use of the Maritime Administration for— (A) acquisition, construction, or reconstruction of vessels; (B) construction-differential subsidies incident to the construction, reconstruction, or reconditioning of vessels; (C) costs of national defense features; (D) payments of obligations incurred for operating-differential subsidies; (E) expenses necessary for research and development activities, including reimbursement of the Vessel Operations Revolving Fund for losses resulting from expenses of experimental vessel operations; (F) the Vessel Operations Revolving Fund; (G) National Defense Reserve Fleet expenses; (H) expenses necessary to carry out part B of subtitle V of title 46; and (I) other operations and training expenses related to the development of waterborne transportation systems, the use of waterborne transportation systems, and general administration. . D Funding Tables 4001. Authorization of amounts in funding tables (a) In general Whenever a funding table in this division specifies a dollar amount authorized for a project, program, or activity, the obligation and expenditure of the specified dollar amount for the project, program, or activity is hereby authorized, subject to the availability of appropriations. (b) Merit-based decisions A decision to commit, obligate, or expend funds with or to a specific entity on the basis of a dollar amount authorized pursuant to subsection (a) shall— (1) be based on merit-based selection procedures in accordance with the requirements of sections 3201 and 4024 of title 10, United States Code, or on competitive procedures; and (2) comply with other applicable provisions of law. (c) Relationship to transfer and programming authority An amount specified in the funding tables in this division may be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. The transfer or reprogramming of an amount specified in such funding tables shall not count against a ceiling on such transfers or reprogrammings under section 1001 of this Act or any other provision of law, unless such transfer or reprogramming would move funds between appropriation accounts. (d) Applicability to classified annex This section applies to any classified annex that accompanies this Act. (e) Oral or written communications No oral or written communication concerning any amount specified in the funding tables in this division shall supersede the requirements of this section.
XLI PROCUREMENT 4101. PROCUREMENT SEC. 4101. PROCUREMENT (In Thousands of Dollars) Line Item FY 2023 Request Senate Authorized AIRCRAFT PROCUREMENT, ARMY FIXED WING 5 SMALL UNMANNED AIRCRAFT SYSTEMS 10,598 10,598 ROTARY 7 AH–64 APACHE BLOCK IIIA REMAN 524,661 524,661 8 AH–64 APACHE BLOCK IIIA REMAN 169,218 169,218 10 UH–60 BLACKHAWK M MODEL (MYP) 650,406 650,406 11 UH–60 BLACKHAWK M MODEL (MYP) 68,147 68,147 12 UH–60 BLACK HAWK L AND V MODELS 178,658 178,658 13 CH–47 HELICOPTER 169,149 169,149 14 CH–47 HELICOPTER 18,749 18,749 MODIFICATION OF AIRCRAFT 16 MQ–1 PAYLOAD 57,700 57,700 18 GRAY EAGLE MODS2 13,038 13,038 19 MULTI SENSOR ABN RECON 21,380 26,580 SOUTHCOM hyperspectral imagery sensors [5,200] 20 AH–64 MODS 85,840 85,840 21 CH–47 CARGO HELICOPTER MODS (MYP) 11,215 11,215 24 EMARSS SEMA MODS 1,591 1,591 26 UTILITY HELICOPTER MODS 21,346 21,346 27 NETWORK AND MISSION PLAN 44,526 44,526 28 COMMS, NAV SURVEILLANCE 72,387 72,387 30 AVIATION ASSURED PNT 71,130 71,130 31 GATM ROLLUP 14,683 14,683 GROUND SUPPORT AVIONICS 34 AIRCRAFT SURVIVABILITY EQUIPMENT 167,927 167,927 35 SURVIVABILITY CM 6,622 6,622 36 CMWS 107,112 107,112 37 COMMON INFRARED COUNTERMEASURES (CIRCM) 288,209 288,209 OTHER SUPPORT 39 COMMON GROUND EQUIPMENT 20,823 20,823 40 AIRCREW INTEGRATED SYSTEMS 25,773 25,773 41 AIR TRAFFIC CONTROL 27,492 27,492 42 LAUNCHER, 2.75 ROCKET 1,275 1,275 UNDISTRIBUTED 0 90,141 Inflation effects [90,141] TOTAL AIRCRAFT PROCUREMENT, ARMY 2,849,655 2,944,996 MISSILE PROCUREMENT, ARMY SURFACE-TO-AIR MISSILE SYSTEM 1 LOWER TIER AIR AND MISSILE DEFENSE (AMD) SEN 4,260 4,260 2 LOWER TIER AIR AND MISSILE DEFENSE (AMD) SEN 9,200 9,200 3 M-SHORAD—PROCUREMENT 135,747 135,747 4 MSE MISSILE 1,037,093 1,037,093 5 PRECISION STRIKE MISSILE (PRSM) 213,172 213,172 6 INDIRECT FIRE PROTECTION CAPABILITY INC 2–I 18,924 18,924 AIR-TO-SURFACE MISSILE SYSTEM 7 HELLFIRE SYS SUMMARY 111,294 411,294 Production increase [300,000] 8 JOINT AIR-TO-GROUND MSLS (JAGM) 216,030 312,030 Capacity expansion [36,000] Production increase [60,000] 10 LONG-RANGE HYPERSONIC WEAPON 249,285 249,285 ANTI-TANK/ASSAULT MISSILE SYS 11 JAVELIN (AAWS-M) SYSTEM SUMMARY 162,968 362,968 Production increase [200,000] 12 TOW 2 SYSTEM SUMMARY 105,423 105,423 13 GUIDED MLRS ROCKET (GMLRS) 785,028 1,035,528 Production increase [250,500] 14 MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) 4,354 4,354 15 HIGH MOBILITY ARTILLERY ROCKET SYSTEM (HIMARS 155,705 265,705 Capacity expansion—launchers [10,000] Production increase—launchers [100,000] 16 LETHAL MINIATURE AERIAL MISSILE SYSTEM (LMAMS 37,937 37,937 MODIFICATIONS 17 PATRIOT MODS 253,689 253,689 18 ATACMS MODS 0 100,000 Production increase [100,000] 20 ITAS/TOW MODS 5,154 5,154 21 MLRS MODS 218,359 218,359 22 HIMARS MODIFICATIONS 20,468 20,468 25 STINGER 0 200,000 Blk 1 refurb missiles [200,000] SPARES AND REPAIR PARTS 23 SPARES AND REPAIR PARTS 6,508 106,508 Long-lead energetics for munitions production [100,000] SUPPORT EQUIPMENT & FACILITIES 24 AIR DEFENSE TARGETS 11,317 11,317 UNDISTRIBUTED 0 117,940 Inflation effects [117,940] TOTAL MISSILE PROCUREMENT, ARMY 3,761,915 5,236,355 PROCUREMENT OF W&TCV, ARMY TRACKED COMBAT VEHICLES 1 ARMORED MULTI PURPOSE VEHICLE (AMPV) 380,677 380,677 2 ASSAULT BREACHER VEHICLE (ABV) 3,852 3,852 3 MOBILE PROTECTED FIREPOWER 356,708 356,708 MODIFICATION OF TRACKED COMBAT VEHICLES 4 STRYKER UPGRADE 671,271 671,271 5 BRADLEY PROGRAM (MOD) 279,531 279,531 6 M109 FOV MODIFICATIONS 3,028 3,028 7 PALADIN INTEGRATED MANAGEMENT (PIM) 493,003 688,003 Program increase [195,000] 8 IMPROVED RECOVERY VEHICLE (M88A2 HERCULES) 138,759 138,759 12 JOINT ASSAULT BRIDGE 36,990 36,990 14 ABRAMS UPGRADE PROGRAM 656,340 948,940 Army UFR—Additional Abrams [292,600] WEAPONS & OTHER COMBAT VEHICLES 17 MULTI-ROLE ANTI-ARMOR ANTI-PERSONNEL WEAPON S 26,627 26,627 18 MORTAR SYSTEMS 8,516 8,516 19 LOCATION & AZIMUTH DETERMINATION SYSTEM (LADS 48,301 48,301 20 XM320 GRENADE LAUNCHER MODULE (GLM) 11,703 11,703 21 PRECISION SNIPER RIFLE 6,436 6,436 24 NEXT GENERATION SQUAD WEAPON 221,293 221,293 MOD OF WEAPONS AND OTHER COMBAT VEH 28 M777 MODS 3,374 3,374 33 M119 MODIFICATIONS 2,263 2,263 SUPPORT EQUIPMENT & FACILITIES 36 ITEMS LESS THAN $5.0M (WOCV-WTCV) 2,138 2,138 37 PRODUCTION BASE SUPPORT (WOCV-WTCV) 225,220 225,220 UNDISTRIBUTED 0 100,659 Inflation effects [100,659] TOTAL PROCUREMENT OF W&TCV, ARMY 3,576,030 4,164,289 PROCUREMENT OF AMMUNITION, ARMY SMALL/MEDIUM CAL AMMUNITION 1 CTG, 5.56MM, ALL TYPES 59,447 59,447 2 CTG, 7.62MM, ALL TYPES 90,019 90,019 3 NEXT GENERATION SQUAD WEAPON AMMUNITION 128,662 128,662 4 CTG, HANDGUN, ALL TYPES 317 317 5 CTG, .50 CAL, ALL TYPES 35,849 35,849 6 CTG, 20MM, ALL TYPES 11,761 11,761 7 CTG, 25MM, ALL TYPES 10,270 10,270 8 CTG, 30MM, ALL TYPES 143,045 143,045 9 CTG, 40MM, ALL TYPES 85,213 85,213 MORTAR AMMUNITION 10 60MM MORTAR, ALL TYPES 33,338 33,338 11 81MM MORTAR, ALL TYPES 56,577 56,577 12 120MM MORTAR, ALL TYPES 127,168 127,168 TANK AMMUNITION 13 CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES 296,943 296,943 ARTILLERY AMMUNITION 14 ARTILLERY CARTRIDGES, 75MM & 105MM, ALL TYPES 7,647 7,647 15 ARTILLERY PROJECTILE, 155MM, ALL TYPES 182,455 182,455 17 PRECISION ARTILLERY MUNITIONS 166,334 166,334 18 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL 143,763 143,763 MINES 19 MINES & CLEARING CHARGES, ALL TYPES 80,920 80,920 20 CLOSE TERRAIN SHAPING OBSTACLE 53,579 53,579 ROCKETS 21 SHOULDER LAUNCHED MUNITIONS, ALL TYPES 18,159 18,159 22 ROCKET, HYDRA 70, ALL TYPES 171,697 171,697 OTHER AMMUNITION 23 CAD/PAD, ALL TYPES 7,643 7,643 24 DEMOLITION MUNITIONS, ALL TYPES 29,796 29,796 25 GRENADES, ALL TYPES 36,251 36,251 26 SIGNALS, ALL TYPES 13,852 13,852 27 SIMULATORS, ALL TYPES 9,350 9,350 MISCELLANEOUS 29 AMMO COMPONENTS, ALL TYPES 3,823 3,823 30 ITEMS LESS THAN $5 MILLION (AMMO) 19,921 19,921 31 AMMUNITION PECULIAR EQUIPMENT 13,001 13,001 32 FIRST DESTINATION TRANSPORTATION (AMMO) 17,528 17,528 33 CLOSEOUT LIABILITIES 101 101 PRODUCTION BASE SUPPORT 34 INDUSTRIAL FACILITIES 499,613 499,613 35 CONVENTIONAL MUNITIONS DEMILITARIZATION 80,970 80,970 36 ARMS INITIATIVE 4,039 4,039 UNDISTRIBUTED 0 78,556 Inflation effects [78,556] TOTAL PROCUREMENT OF AMMUNITION, ARMY 2,639,051 2,717,607 OTHER PROCUREMENT, ARMY TACTICAL VEHICLES 2 SEMITRAILERS, FLATBED: 23,021 23,021 3 SEMITRAILERS, TANKERS 21,869 21,869 4 HI MOB MULTI-PURP WHLD VEH (HMMWV) 6,121 6,121 5 GROUND MOBILITY VEHICLES (GMV) 34,316 34,316 7 JOINT LIGHT TACTICAL VEHICLE FAMILY OF VEHICL 703,110 703,110 9 FAMILY OF MEDIUM TACTICAL VEH (FMTV) 74,086 74,086 10 FAMILY OF COLD WEATHER ALL-TERRAIN VEHICLE (C 23,772 23,772 11 FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP 39,950 39,950 12 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) 96,112 96,112 13 PLS ESP 54,674 54,674 16 MODIFICATION OF IN SVC EQUIP 31,819 82,277 Army UFR—Anti-Lock Brake System/Electronic Stability Control retrofit kits [50,458] NON-TACTICAL VEHICLES 17 PASSENGER CARRYING VEHICLES 1,286 1,286 18 NONTACTICAL VEHICLES, OTHER 15,059 15,059 COMM—JOINT COMMUNICATIONS 19 SIGNAL MODERNIZATION PROGRAM 179,853 179,853 20 TACTICAL NETWORK TECHNOLOGY MOD IN SVC 382,007 382,007 22 DISASTER INCIDENT RESPONSE COMMS TERMINAL (DI 4,066 4,066 23 JCSE EQUIPMENT (USRDECOM) 5,505 5,505 COMM—SATELLITE COMMUNICATIONS 26 DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS 107,228 107,228 27 TRANSPORTABLE TACTICAL COMMAND COMMUNICATIONS 119,259 119,259 28 SHF TERM 23,173 23,173 29 ASSURED POSITIONING, NAVIGATION AND TIMING 184,911 184,911 30 EHF SATELLITE COMMUNICATION 5,853 5,853 31 SMART-T (SPACE) 4,916 4,916 32 GLOBAL BRDCST SVC—GBS 3,179 3,179 COMM—C3 SYSTEM 34 COE TACTICAL SERVER INFRASTRUCTURE (TSI) 94,287 94,287 COMM—COMBAT COMMUNICATIONS 35 HANDHELD MANPACK SMALL FORM FIT (HMS) 728,366 728,366 37 ARMY LINK 16 SYSTEMS 47,581 47,581 39 UNIFIED COMMAND SUITE 20,178 20,178 40 COTS COMMUNICATIONS EQUIPMENT 320,595 320,595 41 FAMILY OF MED COMM FOR COMBAT CASUALTY CARE 7,621 7,621 42 ARMY COMMUNICATIONS & ELECTRONICS 59,705 59,705 COMM—INTELLIGENCE COMM 43 CI AUTOMATION ARCHITECTURE-INTEL 13,891 13,891 45 MULTI-DOMAIN INTELLIGENCE 20,637 20,637 INFORMATION SECURITY 46 INFORMATION SYSTEM SECURITY PROGRAM-ISSP 1,019 1,019 47 COMMUNICATIONS SECURITY (COMSEC) 125,692 125,692 49 INSIDER THREAT PROGRAM—UNIT ACTIVITY MONITO 1,796 1,796 51 BIOMETRIC ENABLING CAPABILITY (BEC) 816 816 52 ARCYBER DEFENSIVE CYBER OPERATIONS 18,239 18,239 COMM—LONG HAUL COMMUNICATIONS 54 BASE SUPPORT COMMUNICATIONS 10,262 11,512 AFRICOM UFR—force protection [1,250] COMM—BASE COMMUNICATIONS 55 INFORMATION SYSTEMS 116,522 116,522 56 EMERGENCY MANAGEMENT MODERNIZATION PROGRAM 5,036 5,036 59 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM 214,806 214,806 ELECT EQUIP—TACT INT REL ACT (TIARA) 62 TITAN 84,821 0 Realignment of funds [–84,821] 63 JTT/CIBS-M 2,352 2,352 64 TERRESTRIAL LAYER SYSTEMS (TLS) 88,915 50,915 Realignment of funds [–38,000] 66 DCGS-A-INTEL 76,771 96,451 TITAN Realignment of funds [19,680] 67 JOINT TACTICAL GROUND STATION (JTAGS)-INTEL 349 349 68 TROJAN 20,562 20,562 69 MOD OF IN-SVC EQUIP (INTEL SPT) 30,424 39,724 INDOPACOM UFR—SIGINT upgrades [9,300] 70 BIOMETRIC TACTICAL COLLECTION DEVICES 2,269 2,269 ELECT EQUIP—ELECTRONIC WARFARE (EW) 73 AIR VIGILANCE (AV) 5,688 5,688 74 MULTI-FUNCTION ELECTRONIC WARFARE (MFEW) SYST 3,060 3,060 76 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES 19,519 19,519 77 CI MODERNIZATION 437 437 ELECT EQUIP—TACTICAL SURV. (TAC SURV) 78 SENTINEL MODS 166,736 166,736 79 NIGHT VISION DEVICES 424,253 499,253 Army UFR—Enhanced Night Vision Goggle-Binocular [75,000] 80 SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF 11,357 11,357 82 FAMILY OF WEAPON SIGHTS (FWS) 202,258 202,258 83 ENHANCED PORTABLE INDUCTIVE ARTILLERY FUZE SE 5,116 5,116 84 FORWARD LOOKING INFRARED (IFLIR) 37,914 37,914 85 COUNTER SMALL UNMANNED AERIAL SYSTEM (C-SUAS) 326,364 631,964 AFRICOM UFR—C-UAS [61,600] Army UFR—Coyote C-sUAS [244,000] 86 JOINT BATTLE COMMAND—PLATFORM (JBC-P) 186,515 186,515 87 JOINT EFFECTS TARGETING SYSTEM (JETS) 10,304 10,304 88 COMPUTER BALLISTICS: LHMBC XM32 3,038 3,038 89 MORTAR FIRE CONTROL SYSTEM 4,879 4,879 90 MORTAR FIRE CONTROL SYSTEMS MODIFICATIONS 4,370 4,370 91 COUNTERFIRE RADARS 162,208 283,808 Army UFR—AN/TPQ–53 Radar for ARNG [121,600] ELECT EQUIP—TACTICAL C2 SYSTEMS 92 ARMY COMMAND POST INTEGRATED INFRASTRUCTURE ( 60,455 60,455 93 FIRE SUPPORT C2 FAMILY 9,676 9,676 94 AIR & MSL DEFENSE PLANNING & CONTROL SYS 72,619 72,619 95 IAMD BATTLE COMMAND SYSTEM 438,967 438,967 96 LIFE CYCLE SOFTWARE SUPPORT (LCSS) 4,586 4,586 97 NETWORK MANAGEMENT INITIALIZATION AND SERVICE 37,199 37,199 98 GLOBAL COMBAT SUPPORT SYSTEM-ARMY (GCSS-A) 4,102 4,102 99 INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPP 6,926 6,926 101 MOD OF IN-SVC EQUIPMENT (ENFIRE) 4,076 4,076 ELECT EQUIP—AUTOMATION 102 ARMY TRAINING MODERNIZATION 8,033 8,033 103 AUTOMATED DATA PROCESSING EQUIP 96,554 106,554 AFRICOM UFR—cyber network resiliency [10,000] 104 ACCESSIONS INFORMATION ENVIRONMENT (AIE) 43,767 43,767 105 GENERAL FUND ENTERPRISE BUSINESS SYSTEMS FAM 97 97 106 HIGH PERF COMPUTING MOD PGM (HPCMP) 73,655 73,655 107 CONTRACT WRITING SYSTEM 17,701 17,701 108 CSS COMMUNICATIONS 88,141 88,141 ELECT EQUIP—SUPPORT 111 BCT EMERGING TECHNOLOGIES 12,853 12,853 CLASSIFIED PROGRAMS 99 CLASSIFIED PROGRAMS 1,596 1,596 CHEMICAL DEFENSIVE EQUIPMENT 113 BASE DEFENSE SYSTEMS (BDS) 47,960 47,960 114 CBRN DEFENSE 56,129 56,129 BRIDGING EQUIPMENT 116 TACTICAL BRIDGING 13,785 13,785 118 BRIDGE SUPPLEMENTAL SET 6,774 6,774 119 COMMON BRIDGE TRANSPORTER (CBT) RECAP 10,379 10,379 ENGINEER (NON-CONSTRUCTION) EQUIPMENT 124 ROBOTICS AND APPLIQUE SYSTEMS 52,340 52,340 COMBAT SERVICE SUPPORT EQUIPMENT 127 HEATERS AND ECU'S 7,672 7,672 129 PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) 4,691 4,691 130 GROUND SOLDIER SYSTEM 124,953 124,953 131 MOBILE SOLDIER POWER 15,933 15,933 134 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM 42,444 42,444 136 ITEMS LESS THAN $5M (ENG SPT) 4,155 4,155 PETROLEUM EQUIPMENT 137 QUALITY SURVEILLANCE EQUIPMENT 2,845 2,845 138 DISTRIBUTION SYSTEMS, PETROLEUM & WATER 26,433 26,433 MEDICAL EQUIPMENT 139 COMBAT SUPPORT MEDICAL 75,606 75,606 MAINTENANCE EQUIPMENT 140 MOBILE MAINTENANCE EQUIPMENT SYSTEMS 3,936 3,936 CONSTRUCTION EQUIPMENT 147 ALL TERRAIN CRANES 31,341 31,341 149 FAMILY OF DIVER SUPPORT EQUIPMENT 3,256 3,256 150 CONST EQUIP ESP 9,104 9,104 RAIL FLOAT CONTAINERIZATION EQUIPMENT 151 ARMY WATERCRAFT ESP 47,889 62,033 Watercraft Modernization Service Life Extension Program (SLEP) [14,144] 152 MANEUVER SUPPORT VESSEL (MSV) 104,676 104,676 153 ITEMS LESS THAN $5.0M (FLOAT/RAIL) 10,131 10,131 GENERATORS 154 GENERATORS AND ASSOCIATED EQUIP 54,400 54,400 155 TACTICAL ELECTRIC POWER RECAPITALIZATION 8,293 8,293 MATERIAL HANDLING EQUIPMENT 156 FAMILY OF FORKLIFTS 8,819 8,819 TRAINING EQUIPMENT 157 COMBAT TRAINING CENTERS SUPPORT 48,046 48,046 158 TRAINING DEVICES, NONSYSTEM 201,966 201,966 159 SYNTHETIC TRAINING ENVIRONMENT (STE) 255,670 255,670 160 GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING 9,546 9,546 TEST MEASURE AND DIG EQUIPMENT (TMD) 162 INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) 36,514 36,514 164 TEST EQUIPMENT MODERNIZATION (TEMOD) 32,734 32,734 OTHER SUPPORT EQUIPMENT 166 PHYSICAL SECURITY SYSTEMS (OPA3) 102,556 116,706 AFRICOM UFR—force protection [14,150] 167 BASE LEVEL COMMON EQUIPMENT 31,417 31,417 168 MODIFICATION OF IN-SVC EQUIPMENT (OPA–3) 24,047 24,047 169 BUILDING, PRE-FAB, RELOCATABLE 32,151 32,151 170 SPECIAL EQUIPMENT FOR TEST AND EVALUATION 84,779 84,779 OPA2 172 INITIAL SPARES—C&E 10,463 10,463 UNDISTRIBUTED 0 291,568 Inflation effects [291,568] TOTAL OTHER PROCUREMENT, ARMY 8,457,509 9,247,438 AIRCRAFT PROCUREMENT, NAVY COMBAT AIRCRAFT 1 F/A–18E/F (FIGHTER) HORNET 90,865 90,865 2 JOINT STRIKE FIGHTER CV 1,663,515 1,663,515 3 JOINT STRIKE FIGHTER CV 387,596 387,596 4 JSF STOVL 1,909,635 1,909,635 5 JSF STOVL 200,118 200,118 6 CH–53K (HEAVY LIFT) 1,669,986 1,919,986 USMC UFR—additional aircraft [250,000] 7 CH–53K (HEAVY LIFT) 357,824 357,824 8 V–22 (MEDIUM LIFT) 31,795 31,795 11 P–8A POSEIDON 41,521 41,521 12 E–2D ADV HAWKEYE 842,401 842,401 TRAINER AIRCRAFT 14 MULTI-ENGINE TRAINING SYSTEM (METS) 123,217 123,217 15 ADVANCED HELICOPTER TRAINING SYSTEM 119,816 119,816 OTHER AIRCRAFT 15 UC–12W CARGO AIRCRAFT 0 55,600 USMC UFR—Additional UC–12W cargo aircraft [55,600] 16 KC–130J 439,501 692,001 USMC UFR—Replacement aircraft [252,500] 17 KC–130J 29,122 29,122 19 MQ–4 TRITON 587,820 587,820 20 MQ–4 TRITON 75,235 75,235 22 STUASL0 UAV 2,703 2,703 23 MQ–25 696,713 696,713 24 MQ–25 51,463 51,463 25 MARINE GROUP 5 UAS 103,882 143,882 USMC UFR—MQ–9 MSAT [20,000] USMC UFR—MQ–9 SETSS [20,000] MODIFICATION OF AIRCRAFT 27 F–18 A-D UNIQUE 141,514 141,514 28 F–18E/F AND EA–18G MODERNIZATION AND SUSTAINM 572,681 572,681 29 MARINE GROUP 5 UAS SERIES 86,116 86,116 30 AEA SYSTEMS 25,058 25,058 31 AV–8 SERIES 26,657 26,657 32 INFRARED SEARCH AND TRACK (IRST) 144,699 144,699 33 ADVERSARY 105,188 105,188 34 F–18 SERIES 480,663 480,663 35 H–53 SERIES 40,151 40,151 36 MH–60 SERIES 126,238 126,238 37 H–1 SERIES 122,498 122,498 38 EP–3 SERIES 8,492 8,492 39 E–2 SERIES 188,897 188,897 40 TRAINER A/C SERIES 9,568 9,568 42 C–130 SERIES 132,170 132,170 43 FEWSG 695 695 44 CARGO/TRANSPORT A/C SERIES 10,902 10,902 45 E–6 SERIES 129,049 129,049 46 EXECUTIVE HELICOPTERS SERIES 55,265 55,265 47 T–45 SERIES 201,670 201,670 48 POWER PLANT CHANGES 24,685 24,685 49 JPATS SERIES 19,780 19,780 50 AVIATION LIFE SUPPORT MODS 1,143 1,143 51 COMMON ECM EQUIPMENT 129,722 129,722 52 COMMON AVIONICS CHANGES 136,883 136,883 53 COMMON DEFENSIVE WEAPON SYSTEM 6,373 6,373 54 ID SYSTEMS 3,828 3,828 55 P–8 SERIES 249,342 249,342 56 MAGTF EW FOR AVIATION 24,684 24,684 57 MQ–8 SERIES 9,846 9,846 58 V–22 (TILT/ROTOR ACFT) OSPREY 207,621 207,621 59 NEXT GENERATION JAMMER (NGJ) 401,563 401,563 60 F–35 STOVL SERIES 216,356 216,356 61 F–35 CV SERIES 208,336 208,336 62 QRC 47,864 47,864 63 MQ–4 SERIES 94,738 94,738 64 RQ–21 SERIES 6,576 6,576 AIRCRAFT SPARES AND REPAIR PARTS 68 SPARES AND REPAIR PARTS 1,872,417 2,295,517 Navy UFR—aviation outfitting spares in support of carrier airwings [292,700] USMC UFR—aircraft initial and replenishment spares [104,300] USMC UFR—KC–130J spares [15,400] USMC UFR—UC–12W(ER) Beechcraft King Air 350ER initial spares [10,700] AIRCRAFT SUPPORT EQUIP & FACILITIES 69 COMMON GROUND EQUIPMENT 542,214 542,214 70 AIRCRAFT INDUSTRIAL FACILITIES 101,559 101,559 71 WAR CONSUMABLES 40,316 40,316 72 OTHER PRODUCTION CHARGES 46,403 46,403 73 SPECIAL SUPPORT EQUIPMENT 423,280 522,280 USMC UFR classified issue [99,000] UNDISTRIBUTED 0 491,186 Inflation effects [491,186] TOTAL AIRCRAFT PROCUREMENT, NAVY 16,848,428 18,459,814 WEAPONS PROCUREMENT, NAVY MODIFICATION OF MISSILES 1 TRIDENT II MODS 1,125,164 1,125,164 SUPPORT EQUIPMENT & FACILITIES 2 MISSILE INDUSTRIAL FACILITIES 7,767 7,767 STRATEGIC MISSILES 3 TOMAHAWK 160,190 160,190 TACTICAL MISSILES 4 AMRAAM 335,900 335,900 5 SIDEWINDER 63,288 89,188 Navy UFR—additional AIM–9X [25,900] 6 STANDARD MISSILE 489,123 739,123 Capacity expansion—dual-source energetics [50,000] Capacity expansion—test/tooling equipment [200,000] 8 JASSM 58,481 58,481 9 SMALL DIAMETER BOMB II 108,317 108,317 10 RAM 92,131 92,131 11 JOINT AIR GROUND MISSILE (JAGM) 78,395 78,395 12 HELLFIRE 6,603 6,603 13 AERIAL TARGETS 183,222 183,222 14 DRONES AND DECOYS 62,930 62,930 15 OTHER MISSILE SUPPORT 3,524 3,524 16 LRASM 226,022 339,122 Capacity expansion [35,000] Navy UFR—capacity increase [33,100] Production increase [45,000] 17 NAVAL STRIKE MISSILE (NSM) 59,034 59,034 MODIFICATION OF MISSILES 18 TOMAHAWK MODS 435,308 435,308 19 ESSM 282,035 282,035 20 AARGM 131,275 171,275 Production increase [40,000] 21 STANDARD MISSILES MODS 71,198 71,198 SUPPORT EQUIPMENT & FACILITIES 22 WEAPONS INDUSTRIAL FACILITIES 1,976 26,976 Hypersonic test facility [25,000] ORDNANCE SUPPORT EQUIPMENT 25 ORDNANCE SUPPORT EQUIPMENT 40,793 40,793 TORPEDOES AND RELATED EQUIP 26 SSTD 3,789 3,789 27 MK–48 TORPEDO 151,128 200,128 Navy UFR—additional MK 48 procurement [49,000] 28 ASW TARGETS 14,403 14,403 MOD OF TORPEDOES AND RELATED EQUIP 29 MK–54 TORPEDO MODS 106,772 232,172 Mk54 LWT program increase [125,400] 30 MK–48 TORPEDO ADCAP MODS 18,502 18,502 31 MARITIME MINES 9,282 245,332 Hammerhead [225,000] Mk68 [11,050] SUPPORT EQUIPMENT 32 TORPEDO SUPPORT EQUIPMENT 87,044 87,044 33 ASW RANGE SUPPORT 3,965 3,965 DESTINATION TRANSPORTATION 34 FIRST DESTINATION TRANSPORTATION 5,315 5,315 GUNS AND GUN MOUNTS 35 SMALL ARMS AND WEAPONS 13,859 13,859 MODIFICATION OF GUNS AND GUN MOUNTS 36 CIWS MODS 2,655 2,655 37 COAST GUARD WEAPONS 34,259 34,259 38 GUN MOUNT MODS 81,725 81,725 39 LCS MODULE WEAPONS 4,580 4,580 40 AIRBORNE MINE NEUTRALIZATION SYSTEMS 8,710 8,710 SPARES AND REPAIR PARTS 42 SPARES AND REPAIR PARTS 170,041 170,041 UNDISTRIBUTED 0 129,375 Inflation effects [129,375] TOTAL WEAPONS PROCUREMENT, NAVY 4,738,705 5,732,530 PROCUREMENT OF AMMO, NAVY & MC NAVY AMMUNITION 1 GENERAL PURPOSE BOMBS 47,198 47,198 2 JDAM 76,688 76,688 3 AIRBORNE ROCKETS, ALL TYPES 70,005 70,005 4 MACHINE GUN AMMUNITION 20,586 20,586 5 PRACTICE BOMBS 51,109 51,109 6 CARTRIDGES & CART ACTUATED DEVICES 72,534 72,534 7 AIR EXPENDABLE COUNTERMEASURES 114,475 114,475 8 JATOS 7,096 7,096 9 5 INCH/54 GUN AMMUNITION 30,018 30,018 10 INTERMEDIATE CALIBER GUN AMMUNITION 40,089 40,089 11 OTHER SHIP GUN AMMUNITION 42,707 189,707 Goalkeeper long lead procurement [147,000] 12 SMALL ARMS & LANDING PARTY AMMO 49,023 49,023 13 PYROTECHNIC AND DEMOLITION 9,480 9,480 14 AMMUNITION LESS THAN $5 MILLION 1,622 1,622 MARINE CORPS AMMUNITION 15 MORTARS 71,214 71,214 16 DIRECT SUPPORT MUNITIONS 65,169 65,169 17 INFANTRY WEAPONS AMMUNITION 225,271 225,271 18 COMBAT SUPPORT MUNITIONS 19,691 19,691 19 AMMO MODERNIZATION 17,327 17,327 20 ARTILLERY MUNITIONS 15,514 15,514 21 ITEMS LESS THAN $5 MILLION 5,476 5,476 UNDISTRIBUTED 0 33,521 Inflation effects [33,521] TOTAL PROCUREMENT OF AMMO, NAVY & MC 1,052,292 1,232,813 SHIPBUILDING AND CONVERSION, NAVY FLEET BALLISTIC MISSILE SHIPS 1 OHIO REPLACEMENT SUBMARINE 3,079,223 3,079,223 2 OHIO REPLACEMENT SUBMARINE 2,778,553 2,778,553 OTHER WARSHIPS 3 CARRIER REPLACEMENT PROGRAM 1,481,530 1,481,530 4 CVN–81 1,052,024 1,052,024 5 VIRGINIA CLASS SUBMARINE 4,534,184 4,534,184 6 VIRGINIA CLASS SUBMARINE 2,025,651 2,025,651 8 CVN REFUELING OVERHAULS 618,295 618,295 9 DDG 1000 72,976 72,976 10 DDG–51 4,376,537 4,376,537 11 DDG–51 618,352 868,352 Surface combatant supplier development [250,000] 13 FFG-FRIGATE 1,085,224 1,158,624 Navy UFR—wholeness for FFG–62 procurement [73,400] 14 FFG-FRIGATE 74,949 74,949 AMPHIBIOUS SHIPS 15 LPD FLIGHT II 1,673,000 1,673,000 16 LPD FLIGHT II 0 250,000 USMC UFR—Advance procurement for LPD–33 [250,000] 20 LHA REPLACEMENT 1,085,470 1,085,470 AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST 22 TAO FLEET OILER 794,719 794,719 24 TOWING, SALVAGE, AND RESCUE SHIP (ATS) 95,915 95,915 27 OUTFITTING 707,412 707,412 28 SHIP TO SHORE CONNECTOR 190,433 190,433 29 SERVICE CRAFT 68,274 91,274 Auxiliary personnel lighters barracks craft [23,000] 30 LCAC SLEP 36,301 36,301 31 AUXILIARY VESSELS (USED SEALIFT) 140,686 140,686 32 COMPLETION OF PY SHIPBUILDING PROGRAMS 1,328,146 1,328,146 UNDISTRIBUTED 0 839,239 Inflation effects [839,239] TOTAL SHIPBUILDING AND CONVERSION, NAVY 27,917,854 29,353,493 OTHER PROCUREMENT, NAVY SHIP PROPULSION EQUIPMENT 1 SURFACE POWER EQUIPMENT 46,478 46,478 GENERATORS 2 SURFACE COMBATANT HM&E 84,615 84,615 NAVIGATION EQUIPMENT 3 OTHER NAVIGATION EQUIPMENT 98,079 98,079 OTHER SHIPBOARD EQUIPMENT 4 SUB PERISCOPE, IMAGING AND SUPT EQUIP PROG 266,300 266,300 5 DDG MOD 770,341 770,341 6 FIREFIGHTING EQUIPMENT 19,687 19,687 7 COMMAND AND CONTROL SWITCHBOARD 2,406 2,406 8 LHA/LHD MIDLIFE 38,200 38,200 9 LCC 19/20 EXTENDED SERVICE LIFE PROGRAM 20,028 20,028 10 POLLUTION CONTROL EQUIPMENT 17,682 17,682 11 SUBMARINE SUPPORT EQUIPMENT 117,799 117,799 12 VIRGINIA CLASS SUPPORT EQUIPMENT 32,300 32,300 13 LCS CLASS SUPPORT EQUIPMENT 15,238 15,238 14 SUBMARINE BATTERIES 24,137 24,137 15 LPD CLASS SUPPORT EQUIPMENT 54,496 54,496 16 DDG 1000 CLASS SUPPORT EQUIPMENT 314,333 314,333 17 STRATEGIC PLATFORM SUPPORT EQUIP 13,504 13,504 18 DSSP EQUIPMENT 3,660 3,660 19 CG MODERNIZATION 59,054 59,054 20 LCAC 17,452 17,452 21 UNDERWATER EOD EQUIPMENT 35,417 35,417 22 ITEMS LESS THAN $5 MILLION 60,812 60,812 23 CHEMICAL WARFARE DETECTORS 3,202 3,202 REACTOR PLANT EQUIPMENT 25 SHIP MAINTENANCE, REPAIR AND MODERNIZATION 1,242,532 1,242,532 26 REACTOR POWER UNITS 4,690 4,690 27 REACTOR COMPONENTS 408,989 408,989 OCEAN ENGINEERING 28 DIVING AND SALVAGE EQUIPMENT 11,773 11,773 SMALL BOATS 29 STANDARD BOATS 57,262 57,262 PRODUCTION FACILITIES EQUIPMENT 30 OPERATING FORCES IPE 174,743 174,743 OTHER SHIP SUPPORT 31 LCS COMMON MISSION MODULES EQUIPMENT 57,313 57,313 32 LCS MCM MISSION MODULES 94,987 94,987 33 LCS ASW MISSION MODULES 3,594 3,594 34 LCS SUW MISSION MODULES 5,100 5,100 35 LCS IN-SERVICE MODERNIZATION 76,526 76,526 36 SMALL & MEDIUM UUV 49,763 89,763 Hammerhead [40,000] SHIP SONARS 37 SPQ–9B RADAR 12,063 12,063 38 AN/SQQ–89 SURF ASW COMBAT SYSTEM 141,591 141,591 39 SSN ACOUSTIC EQUIPMENT 446,653 446,653 40 UNDERSEA WARFARE SUPPORT EQUIPMENT 17,424 17,424 ASW ELECTRONIC EQUIPMENT 41 SUBMARINE ACOUSTIC WARFARE SYSTEM 31,708 31,708 42 SSTD 14,325 14,325 43 FIXED SURVEILLANCE SYSTEM 266,228 266,228 44 SURTASS 25,030 46,130 Navy UFR—SURTASS array for INDOPACOM [21,100] ELECTRONIC WARFARE EQUIPMENT 45 AN/SLQ–32 292,417 292,417 RECONNAISSANCE EQUIPMENT 46 SHIPBOARD IW EXPLOIT 311,210 316,910 Navy UFR—Counter-C5ISR&T [5,700] 47 AUTOMATED IDENTIFICATION SYSTEM (AIS) 2,487 2,487 OTHER SHIP ELECTRONIC EQUIPMENT 48 COOPERATIVE ENGAGEMENT CAPABILITY 34,500 34,500 49 NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS) 19,038 19,038 50 ATDLS 73,675 73,675 51 NAVY COMMAND AND CONTROL SYSTEM (NCCS) 3,435 3,435 52 MINESWEEPING SYSTEM REPLACEMENT 16,336 16,336 54 NAVSTAR GPS RECEIVERS (SPACE) 30,439 30,439 55 AMERICAN FORCES RADIO AND TV SERVICE 2,724 2,724 56 STRATEGIC PLATFORM SUPPORT EQUIP 6,266 6,266 AVIATION ELECTRONIC EQUIPMENT 57 ASHORE ATC EQUIPMENT 89,396 89,396 58 AFLOAT ATC EQUIPMENT 86,732 86,732 59 ID SYSTEMS 59,226 59,226 60 JOINT PRECISION APPROACH AND LANDING SYSTEM ( 8,186 8,186 61 NAVAL MISSION PLANNING SYSTEMS 26,778 26,778 OTHER SHORE ELECTRONIC EQUIPMENT 62 MARITIME INTEGRATED BROADCAST SYSTEM 3,520 3,520 63 TACTICAL/MOBILE C4I SYSTEMS 31,840 31,840 64 DCGS-N 15,606 15,606 65 CANES 402,550 402,550 66 RADIAC 9,062 9,062 67 CANES-INTELL 48,665 48,665 68 GPETE 23,479 23,479 69 MASF 11,792 11,792 70 INTEG COMBAT SYSTEM TEST FACILITY 6,053 6,053 71 EMI CONTROL INSTRUMENTATION 4,219 4,219 72 ITEMS LESS THAN $5 MILLION 102,846 161,346 Next-generation surface search radar [58,500] SHIPBOARD COMMUNICATIONS 73 SHIPBOARD TACTICAL COMMUNICATIONS 36,941 36,941 74 SHIP COMMUNICATIONS AUTOMATION 101,691 101,691 75 COMMUNICATIONS ITEMS UNDER $5M 55,290 55,290 SUBMARINE COMMUNICATIONS 76 SUBMARINE BROADCAST SUPPORT 91,150 91,150 77 SUBMARINE COMMUNICATION EQUIPMENT 74,569 74,569 SATELLITE COMMUNICATIONS 78 SATELLITE COMMUNICATIONS SYSTEMS 39,827 39,827 79 NAVY MULTIBAND TERMINAL (NMT) 24,586 24,586 SHORE COMMUNICATIONS 80 JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) 4,699 4,699 CRYPTOGRAPHIC EQUIPMENT 81 INFO SYSTEMS SECURITY PROGRAM (ISSP) 156,034 156,034 82 MIO INTEL EXPLOITATION TEAM 1,055 1,055 CRYPTOLOGIC EQUIPMENT 83 CRYPTOLOGIC COMMUNICATIONS EQUIP 18,832 20,332 INDOPACOM UFR—SIGINT upgrades [1,500] OTHER ELECTRONIC SUPPORT 92 COAST GUARD EQUIPMENT 68,556 68,556 SONOBUOYS 94 SONOBUOYS—ALL TYPES 291,670 331,670 Sonobuoys [40,000] AIRCRAFT SUPPORT EQUIPMENT 95 MINOTAUR 5,247 5,247 96 WEAPONS RANGE SUPPORT EQUIPMENT 106,209 106,209 97 AIRCRAFT SUPPORT EQUIPMENT 275,461 275,461 98 ADVANCED ARRESTING GEAR (AAG) 22,717 22,717 99 ELECTROMAGNETIC AIRCRAFT LAUNCH SYSTEM (EMALS 18,594 18,594 100 METEOROLOGICAL EQUIPMENT 15,175 15,175 101 LEGACY AIRBORNE MCM 4,689 4,689 102 LAMPS EQUIPMENT 1,610 1,610 103 AVIATION SUPPORT EQUIPMENT 86,409 86,409 104 UMCS-UNMAN CARRIER AVIATION(UCA)MISSION CNTRL 136,647 136,647 SHIP GUN SYSTEM EQUIPMENT 105 SHIP GUN SYSTEMS EQUIPMENT 5,902 5,902 SHIP MISSILE SYSTEMS EQUIPMENT 106 HARPOON SUPPORT EQUIPMENT 217 217 107 SHIP MISSILE SUPPORT EQUIPMENT 286,788 286,788 108 TOMAHAWK SUPPORT EQUIPMENT 95,856 95,856 FBM SUPPORT EQUIPMENT 109 STRATEGIC MISSILE SYSTEMS EQUIP 279,430 279,430 ASW SUPPORT EQUIPMENT 110 SSN COMBAT CONTROL SYSTEMS 128,874 128,874 111 ASW SUPPORT EQUIPMENT 26,920 26,920 OTHER ORDNANCE SUPPORT EQUIPMENT 112 EXPLOSIVE ORDNANCE DISPOSAL EQUIP 17,048 17,048 113 ITEMS LESS THAN $5 MILLION 5,938 5,938 OTHER EXPENDABLE ORDNANCE 114 ANTI-SHIP MISSILE DECOY SYSTEM 86,264 86,264 115 SUBMARINE TRAINING DEVICE MODS 80,591 80,591 116 SURFACE TRAINING EQUIPMENT 198,695 198,695 CIVIL ENGINEERING SUPPORT EQUIPMENT 117 PASSENGER CARRYING VEHICLES 4,799 4,799 118 GENERAL PURPOSE TRUCKS 2,542 2,542 119 CONSTRUCTION & MAINTENANCE EQUIP 50,619 50,619 120 FIRE FIGHTING EQUIPMENT 16,305 16,305 121 TACTICAL VEHICLES 28,586 28,586 122 POLLUTION CONTROL EQUIPMENT 2,840 2,840 123 ITEMS LESS THAN $5 MILLION 64,311 64,311 124 PHYSICAL SECURITY VEHICLES 1,263 1,263 SUPPLY SUPPORT EQUIPMENT 125 SUPPLY EQUIPMENT 32,338 32,338 126 FIRST DESTINATION TRANSPORTATION 6,255 6,255 127 SPECIAL PURPOSE SUPPLY SYSTEMS 613,039 613,039 TRAINING DEVICES 128 TRAINING SUPPORT EQUIPMENT 1,285 1,285 129 TRAINING AND EDUCATION EQUIPMENT 44,618 44,618 COMMAND SUPPORT EQUIPMENT 130 COMMAND SUPPORT EQUIPMENT 55,728 55,728 131 MEDICAL SUPPORT EQUIPMENT 5,325 5,325 133 NAVAL MIP SUPPORT EQUIPMENT 6,077 6,077 134 OPERATING FORCES SUPPORT EQUIPMENT 16,252 16,252 135 C4ISR EQUIPMENT 6,497 6,497 136 ENVIRONMENTAL SUPPORT EQUIPMENT 36,592 36,592 137 PHYSICAL SECURITY EQUIPMENT 118,598 118,598 138 ENTERPRISE INFORMATION TECHNOLOGY 29,407 29,407 OTHER 142 NEXT GENERATION ENTERPRISE SERVICE 201,314 201,314 143 CYBERSPACE ACTIVITIES 5,018 5,018 144 CYBER MISSION FORCES 17,115 17,115 CLASSIFIED PROGRAMS 99 CLASSIFIED PROGRAMS 17,295 17,295 SPARES AND REPAIR PARTS 145 SPARES AND REPAIR PARTS 532,313 703,713 Navy UFR—Maritime spares outfitting [171,400] UNDISTRIBUTED 0 369,826 Inflation effects [369,826] TOTAL OTHER PROCUREMENT, NAVY 11,746,503 12,454,529 PROCUREMENT, MARINE CORPS TRACKED COMBAT VEHICLES 1 AAV7A1 PIP 5,653 5,653 2 AMPHIBIOUS COMBAT VEHICLE FAMILY OF VEHICLES 536,678 536,678 3 LAV PIP 57,099 57,099 ARTILLERY AND OTHER WEAPONS 4 155MM LIGHTWEIGHT TOWED HOWITZER 1,782 1,782 5 ARTILLERY WEAPONS SYSTEM 143,808 143,808 6 WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION 11,118 11,118 GUIDED MISSILES 7 TOMAHAWK 42,958 42,958 8 NAVAL STRIKE MISSILE (NSM) 174,369 349,369 Production increase [175,000] 9 GROUND BASED AIR DEFENSE 173,801 173,801 10 ANTI-ARMOR MISSILE-JAVELIN 18,495 18,495 11 FAMILY ANTI-ARMOR WEAPON SYSTEMS (FOAAWS) 21,419 21,419 12 ANTI-ARMOR MISSILE-TOW 663 663 13 GUIDED MLRS ROCKET (GMLRS) 7,605 7,605 COMMAND AND CONTROL SYSTEMS 14 COMMON AVIATION COMMAND AND CONTROL SYSTEM (C 30,292 30,292 REPAIR AND TEST EQUIPMENT 15 REPAIR AND TEST EQUIPMENT 58,024 58,024 OTHER SUPPORT (TEL) 16 MODIFICATION KITS 293 293 COMMAND AND CONTROL SYSTEM (NON-TEL) 17 ITEMS UNDER $5 MILLION (COMM & ELEC) 83,345 83,345 18 AIR OPERATIONS C2 SYSTEMS 11,048 11,048 RADAR + EQUIPMENT (NON-TEL) 19 GROUND/AIR TASK ORIENTED RADAR (G/ATOR) 61,943 517,943 USMC UFR—AN/TPS–80 G/ATOR radar [456,000] INTELL/COMM EQUIPMENT (NON-TEL) 20 GCSS-MC 1,663 1,663 21 FIRE SUPPORT SYSTEM 48,322 48,322 22 INTELLIGENCE SUPPORT EQUIPMENT 182,894 182,894 24 UNMANNED AIR SYSTEMS (INTEL) 47,595 47,595 25 DCGS-MC 47,998 47,998 26 UAS PAYLOADS 8,619 8,619 OTHER SUPPORT (NON-TEL) 29 MARINE CORPS ENTERPRISE NETWORK (MCEN) 276,763 276,763 30 COMMON COMPUTER RESOURCES 40,096 40,096 31 COMMAND POST SYSTEMS 58,314 58,314 32 RADIO SYSTEMS 612,450 612,450 33 COMM SWITCHING & CONTROL SYSTEMS 51,976 51,976 34 COMM & ELEC INFRASTRUCTURE SUPPORT 26,029 26,029 35 CYBERSPACE ACTIVITIES 17,759 17,759 36 CYBER MISSION FORCES 4,036 4,036 CLASSIFIED PROGRAMS 99 CLASSIFIED PROGRAMS 3,884 3,884 ADMINISTRATIVE VEHICLES 39 COMMERCIAL CARGO VEHICLES 35,179 35,179 TACTICAL VEHICLES 40 MOTOR TRANSPORT MODIFICATIONS 17,807 17,807 41 JOINT LIGHT TACTICAL VEHICLE 222,257 222,257 43 TRAILERS 2,721 2,721 ENGINEER AND OTHER EQUIPMENT 45 TACTICAL FUEL SYSTEMS 7,854 7,854 46 POWER EQUIPMENT ASSORTED 5,841 5,841 47 AMPHIBIOUS SUPPORT EQUIPMENT 38,120 38,120 48 EOD SYSTEMS 201,047 201,047 MATERIALS HANDLING EQUIPMENT 49 PHYSICAL SECURITY EQUIPMENT 69,967 69,967 GENERAL PROPERTY 50 FIELD MEDICAL EQUIPMENT 21,780 21,780 51 TRAINING DEVICES 86,272 86,272 52 FAMILY OF CONSTRUCTION EQUIPMENT 27,605 27,605 53 ULTRA-LIGHT TACTICAL VEHICLE (ULTV) 15,033 15,033 OTHER SUPPORT 54 ITEMS LESS THAN $5 MILLION 26,433 26,433 SPARES AND REPAIR PARTS 55 SPARES AND REPAIR PARTS 34,799 34,799 UNDISTRIBUTED 0 123,755 Inflation effects [123,755] TOTAL PROCUREMENT, MARINE CORPS 3,681,506 4,436,261 AIRCRAFT PROCUREMENT, AIR FORCE STRATEGIC OFFENSIVE 1 B–21 RAIDER 1,498,431 1,498,431 2 B–21 RAIDER 288,165 288,165 TACTICAL FORCES 3 F–35 3,320,757 4,293,757 Air Force UFR—additional F–35A aircraft [858,000] Realignment of funds from line 4 [115,000] 4 F–35 594,886 479,886 Realignment of funds to line 3 [–115,000] 5 F–15EX 2,422,348 2,422,348 6 F–15EX 264,000 264,000 TACTICAL AIRLIFT 7 KC–46A MDAP 2,684,503 2,684,503 OTHER AIRLIFT 8 C–130J 75,293 75,293 9 MC–130J 40,351 40,351 UPT TRAINERS 11 ADVANCED TRAINER REPLACEMENT T-X 10,507 10,507 HELICOPTERS 12 MH–139A 156,192 256,192 Additional aircraft [100,000] 13 COMBAT RESCUE HELICOPTER 707,018 1,057,018 Additional aircraft [350,000] MISSION SUPPORT AIRCRAFT 15 CIVIL AIR PATROL A/C 2,952 2,952 OTHER AIRCRAFT 16 TARGET DRONES 128,906 128,906 17 COMPASS CALL 0 553,700 Air Force UFR—EC–37B aircraft [553,700] 18 E–11 BACN/HAG 67,260 66,847 Realignment of funds [–413] 19 MQ–9 17,039 17,039 21 AGILITY PRIME PROCUREMENT 3,612 3,612 STRATEGIC AIRCRAFT 22 B–2A 106,752 106,752 23 B–1B 36,313 36,313 24 B–52 127,854 120,909 Realignment of funds for B–52 Crypto Mod upgrade spares [–4,293] Realignment of funds for B–52 VLF/LF spares [–2,652] 25 LARGE AIRCRAFT INFRARED COUNTERMEASURES 25,286 25,286 TACTICAL AIRCRAFT 26 A–10 83,972 83,972 27 E–11 BACN/HAG 10,309 10,309 28 F–15 194,379 194,379 29 F–16 700,455 708,600 Crypto Mods—F–16 Pre Blk [8,145] 30 F–22A 764,222 764,222 31 F–35 MODIFICATIONS 414,382 414,382 32 F–15 EPAW 259,837 259,837 34 KC–46A MDAP 467 467 AIRLIFT AIRCRAFT 35 C–5 46,027 15,673 Realignment of funds [–18,000] Realignment of funds to line 64 [–12,354] 36 C–17A 152,009 157,509 Air Force realignment of funds [5,500] 37 C–32A 4,068 4,068 38 C–37A 6,062 6,062 TRAINER AIRCRAFT 39 GLIDER MODS 149 149 40 T–6 6,215 6,215 41 T–1 6,262 6,262 42 T–38 111,668 120,868 T–38A ejection seat upgrades [9,200] OTHER AIRCRAFT 44 U–2 MODS 81,650 81,650 45 KC–10A (ATCA) 3,443 3,443 46 C–21 2,024 2,024 47 VC–25A MOD 2,146 2,146 48 C–40 2,197 2,197 49 C–130 114,268 138,468 Air Force realignment of funds [17,500] Crypto Mods—C–130H [6,700] 50 C–130J MODS 112,299 112,299 51 C–135 149,023 195,123 Air Force realignment of funds [19,500] Crypto Mods—KC–135 [20,700] Crypto Mods—KC–135 (ROBE B-kits) [5,900] 52 COMPASS CALL 16,630 337,230 Air Force UFR—EC–37B group A & B kits and spare components [320,600] 53 RC–135 212,828 252,828 INDOPACOM UFR—SIGINT upgrades [600] RC–135 navigation upgrades [39,400] 54 E–3 54,247 54,247 55 E–4 5,973 5,973 56 E–8 16,610 16,610 59 H–1 1,757 1,757 60 H–60 10,820 10,820 61 COMBAT RESCUE HELICOPTER MODIFICATION 3,083 3,083 62 RQ–4 MODS 1,286 1,286 63 HC/MC–130 MODIFICATIONS 138,956 121,094 Crypto Mods—AC–130J [2,138] Realignment of funds [–20,000] 64 OTHER AIRCRAFT 29,029 41,796 Realignment of funds [12,767] 65 MQ–9 MODS 64,370 64,370 67 SENIOR LEADER C3, SYSTEM—AIRCRAFT 24,784 24,784 68 CV–22 MODS 153,026 153,026 AIRCRAFT SPARES AND REPAIR PARTS 69 INITIAL SPARES/REPAIR PARTS 623,661 762,106 Air Force UFR—EC–37B spare components [9,400] Air Force UFR—EC–37B spare engines [94,800] RC–135 spares [27,300] Realignment of funds for B–52 Crypto Mod upgrade spares [4,293] Realignment of funds for B–52 VLF/LF spares [2,652] COMMON SUPPORT EQUIPMENT 70 AIRCRAFT REPLACEMENT SUPPORT EQUIP 138,935 138,935 POST PRODUCTION SUPPORT 71 B–2A 1,802 1,802 72 B–2B 36,325 36,325 73 B–52 5,883 5,883 74 F–15 2,764 2,764 75 F–16 5,102 5,102 77 MQ9 POST PROD 7,069 7,069 78 RQ–4 POST PRODUCTION CHARGES 40,845 40,845 82 C–5 POST PRODUCTION SUPPORT 0 18,000 Realignment of funds [18,000] 83 HC/MC–130J POST PRODUCTION SUPPORT 0 20,000 Realignment of funds [20,000] INDUSTRIAL PREPAREDNESS 79 INDUSTRIAL RESPONSIVENESS 19,128 19,128 WAR CONSUMABLES 80 WAR CONSUMABLES 31,165 31,165 OTHER PRODUCTION CHARGES 81 OTHER PRODUCTION CHARGES 1,047,300 1,047,300 CLASSIFIED PROGRAMS 99 CLASSIFIED PROGRAMS 18,092 81,092 Air Force UFR—F–35A classified item [63,000] UNDISTRIBUTED 0 633,490 Inflation effects [633,490] TOTAL AIRCRAFT PROCUREMENT, AIR FORCE 18,517,428 21,663,001 MISSILE PROCUREMENT, AIR FORCE MISSILE REPLACEMENT EQUIPMENT—BALLISTIC 1 MISSILE REPLACEMENT EQ-BALLISTIC 57,476 57,476 STRATEGIC TACTICAL 4 LONG RANGE STAND-OFF WEAPON 31,454 31,454 5 REPLAC EQUIP & WAR CONSUMABLES 30,510 30,510 6 AGM–183A AIR-LAUNCHED RAPID RESPONSE WEAPON 46,566 0 Realignment of funds [–46,566] 7 JOINT AIR-SURFACE STANDOFF MISSILE 784,971 869,971 Capacity expansion [85,000] 8 LRASM0 114,025 114,025 9 SIDEWINDER (AIM–9X) 111,855 317,855 Production increase [206,000] 10 AMRAAM 320,056 459,056 Production increase [139,000] 11 PREDATOR HELLFIRE MISSILE 1,040 1,040 12 SMALL DIAMETER BOMB 46,475 46,475 13 SMALL DIAMETER BOMB II 279,006 452,006 Air Force UFR—additional small diameter bomb II [173,000] 14 STAND-IN ATTACK WEAPON (SIAW) 77,975 77,975 INDUSTRIAL FACILITIES 15 INDUSTR'L PREPAREDNS/POL PREVENTION 868 868 CLASS IV 18 ICBM FUZE MOD 99,691 99,691 19 ICBM FUZE MOD 37,673 37,673 20 MM III MODIFICATIONS 68,193 68,193 22 AIR LAUNCH CRUISE MISSILE (ALCM) 33,778 33,778 MISSILE SPARES AND REPAIR PARTS 23 MSL SPRS/REPAIR PARTS (INITIAL) 15,354 15,354 24 MSL SPRS/REPAIR PARTS (REPLEN) 62,978 62,978 SPECIAL PROGRAMS 28 SPECIAL UPDATE PROGRAMS 36,933 36,933 CLASSIFIED PROGRAMS 99 CLASSIFIED PROGRAMS 705,540 705,540 UNDISTRIBUTED 0 61,064 Inflation effects [61,064] TOTAL MISSILE PROCUREMENT, AIR FORCE 2,962,417 3,579,915 PROCUREMENT OF AMMUNITION, AIR FORCE ROCKETS 1 ROCKETS 22,190 22,190 CARTRIDGES 2 CARTRIDGES 124,164 124,164 BOMBS 4 GENERAL PURPOSE BOMBS 162,800 162,800 5 MASSIVE ORDNANCE PENETRATOR (MOP) 19,743 19,743 6 JOINT DIRECT ATTACK MUNITION 251,956 251,956 OTHER ITEMS 8 CAD/PAD 50,473 50,473 9 EXPLOSIVE ORDNANCE DISPOSAL (EOD) 6,343 6,343 10 SPARES AND REPAIR PARTS 573 573 12 FIRST DESTINATION TRANSPORTATION 1,903 1,903 13 ITEMS LESS THAN $5,000,000 5,014 5,014 FLARES 14 EXPENDABLE COUNTERMEASURES 120,548 120,548 FUZES 15 FUZES 121,528 121,528 SMALL ARMS 16 SMALL ARMS 16,395 16,395 UNDISTRIBUTED 0 23,395 Inflation effects [23,395] TOTAL PROCUREMENT OF AMMUNITION, AIR FORCE 903,630 927,025 PROCUREMENT, SPACE FORCE SPACE PROCUREMENT, SF 2 AF SATELLITE COMM SYSTEM 51,414 51,414 3 COUNTERSPACE SYSTEMS 62,691 62,691 4 FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS 26,394 26,394 5 WIDEBAND GAPFILLER SATELLITES (SPACE) 21,982 21,982 6 GENERAL INFORMATION TECH—SPACE 5,424 5,424 7 GPSIII FOLLOW ON 657,562 657,562 8 GPS III SPACE SEGMENT 103,340 103,340 9 GLOBAL POSTIONING (SPACE) 950 950 10 HERITAGE TRANSITION 21,896 21,896 11 SPACEBORNE EQUIP (COMSEC) 29,587 51,187 Crypto Mods—National Security Space Systems [21,600] 12 MILSATCOM 29,333 29,333 13 SBIR HIGH (SPACE) 148,666 148,666 14 SPECIAL SPACE ACTIVITIES 817,484 817,484 15 MOBILE USER OBJECTIVE SYSTEM 46,833 46,833 16 NATIONAL SECURITY SPACE LAUNCH 1,056,133 1,056,133 17 NUDET DETECTION SYSTEM 7,062 7,062 18 PTES HUB 42,464 42,464 19 ROCKET SYSTEMS LAUNCH PROGRAM 39,145 39,145 20 SPACE DEVELOPMENT AGENCY LAUNCH 314,288 714,288 Realignment of funds [200,000] Space Force UFR—accelerate resilient missile warning/missile tracking [200,000] 22 SPACE MODS 73,957 73,957 23 SPACELIFT RANGE SYSTEM SPACE 71,712 71,712 SPARES 24 SPARES AND REPAIR PARTS 1,352 1,352 UNDISTRIBUTED 0 106,161 Inflation effects [106,161] TOTAL PROCUREMENT, SPACE FORCE 3,629,669 4,157,430 OTHER PROCUREMENT, AIR FORCE PASSENGER CARRYING VEHICLES 1 PASSENGER CARRYING VEHICLES 2,446 2,446 CARGO AND UTILITY VEHICLES 2 MEDIUM TACTICAL VEHICLE 1,125 1,125 3 CAP VEHICLES 999 999 4 CARGO AND UTILITY VEHICLES 35,220 35,220 SPECIAL PURPOSE VEHICLES 5 JOINT LIGHT TACTICAL VEHICLE 60,461 60,461 6 SECURITY AND TACTICAL VEHICLES 382 382 7 SPECIAL PURPOSE VEHICLES 49,623 49,623 FIRE FIGHTING EQUIPMENT 8 FIRE FIGHTING/CRASH RESCUE VEHICLES 11,231 11,231 MATERIALS HANDLING EQUIPMENT 9 MATERIALS HANDLING VEHICLES 12,559 12,559 BASE MAINTENANCE SUPPORT 10 RUNWAY SNOW REMOV AND CLEANING EQU 6,409 6,409 11 BASE MAINTENANCE SUPPORT VEHICLES 72,012 72,012 COMM SECURITY EQUIPMENT(COMSEC) 13 COMSEC EQUIPMENT 96,851 96,851 14 STRATEGIC MICROELECTRONIC SUPPLY SYSTEM 467,901 467,901 INTELLIGENCE PROGRAMS 15 INTERNATIONAL INTEL TECH & ARCHITECTURES 7,043 7,043 16 INTELLIGENCE TRAINING EQUIPMENT 2,424 2,424 17 INTELLIGENCE COMM EQUIPMENT 25,308 25,308 ELECTRONICS PROGRAMS 18 AIR TRAFFIC CONTROL & LANDING SYS 65,531 65,531 19 BATTLE CONTROL SYSTEM—FIXED 1,597 1,597 20 THEATER AIR CONTROL SYS IMPROVEMEN 9,611 9,611 21 3D EXPEDITIONARY LONG-RANGE RADAR 174,640 174,640 22 WEATHER OBSERVATION FORECAST 20,658 20,658 23 STRATEGIC COMMAND AND CONTROL 93,351 86,220 Worldwide Joint Strategic Communications realignment of funds [–7,131] 24 CHEYENNE MOUNTAIN COMPLEX 6,118 6,118 25 MISSION PLANNING SYSTEMS 13,947 13,947 SPCL COMM-ELECTRONICS PROJECTS 28 GENERAL INFORMATION TECHNOLOGY 101,517 101,517 29 AF GLOBAL COMMAND & CONTROL SYS 2,487 2,487 30 BATTLEFIELD AIRBORNE CONTROL NODE (BACN) 32,807 32,807 31 MOBILITY COMMAND AND CONTROL 10,210 10,210 35 COMBAT TRAINING RANGES 134,213 134,213 36 MINIMUM ESSENTIAL EMERGENCY COMM N 66,294 66,294 37 WIDE AREA SURVEILLANCE (WAS) 29,518 29,518 38 C3 COUNTERMEASURES 55,324 55,324 40 GCSS-AF FOS 786 786 42 MAINTENANCE REPAIR & OVERHAUL INITIATIVE 248 248 43 THEATER BATTLE MGT C2 SYSTEM 275 275 44 AIR & SPACE OPERATIONS CENTER (AOC) 2,611 2,611 AIR FORCE COMMUNICATIONS 46 BASE INFORMATION TRANSPT INFRAST (BITI) WIRED 29,791 29,791 47 AFNET 83,320 83,320 48 JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) 5,199 5,199 49 USCENTCOM 11,896 11,896 50 USSTRATCOM 4,619 4,619 ORGANIZATION AND BASE 51 TACTICAL C-E EQUIPMENT 120,050 120,050 52 RADIO EQUIPMENT 14,053 14,053 54 BASE COMM INFRASTRUCTURE 91,313 96,363 NORTHCOM UFR—Long range radar sites digitilization upgrades [5,050] MODIFICATIONS 55 COMM ELECT MODS 167,419 167,419 CLASSIFIED PROGRAMS 99 CLASSIFIED PROGRAMS 89,484 89,484 PERSONAL SAFETY & RESCUE EQUIP 56 PERSONAL SAFETY AND RESCUE EQUIPMENT 92,995 92,995 DEPOT PLANT+MTRLS HANDLING EQ 57 POWER CONDITIONING EQUIPMENT 12,199 12,199 58 MECHANIZED MATERIAL HANDLING EQUIP 9,326 9,326 BASE SUPPORT EQUIPMENT 59 BASE PROCURED EQUIPMENT 52,890 52,890 60 ENGINEERING AND EOD EQUIPMENT 231,552 231,552 61 MOBILITY EQUIPMENT 28,758 28,758 62 FUELS SUPPORT EQUIPMENT (FSE) 21,740 21,740 SPECIAL SUPPORT PROJECTS 65 DARP RC135 28,153 28,153 66 DCGS-AF 217,713 217,713 70 SPECIAL UPDATE PROGRAM 978,499 978,499 CLASSIFIED PROGRAMS 99 CLASSIFIED PROGRAMS 21,702,225 21,727,225 Classifed issue [25,000] SPARES AND REPAIR PARTS 71 SPARES AND REPAIR PARTS (CYBER) 1,007 1,007 72 SPARES AND REPAIR PARTS 23,175 23,175 UNDISTRIBUTED 0 189,283 Inflation effects [189,283] TOTAL OTHER PROCUREMENT, AIR FORCE 25,691,113 25,903,315 PROCUREMENT, DEFENSE-WIDE MAJOR EQUIPMENT, DCSA 1 MAJOR EQUIPMENT 2,346 2,346 MAJOR EQUIPMENT, DHRA 3 PERSONNEL ADMINISTRATION 4,522 4,522 MAJOR EQUIPMENT, DISA 11 INFORMATION SYSTEMS SECURITY 24,044 24,044 12 TELEPORT PROGRAM 50,475 50,475 13 JOINT FORCES HEADQUARTERS—DODIN 674 674 14 ITEMS LESS THAN $5 MILLION 46,614 46,614 15 DEFENSE INFORMATION SYSTEM NETWORK 87,345 87,345 16 WHITE HOUSE COMMUNICATION AGENCY 130,145 130,145 17 SENIOR LEADERSHIP ENTERPRISE 47,864 47,864 18 JOINT REGIONAL SECURITY STACKS (JRSS) 17,135 17,135 19 JOINT SERVICE PROVIDER 86,183 86,183 20 FOURTH ESTATE NETWORK OPTIMIZATION (4ENO) 42,756 42,756 MAJOR EQUIPMENT, DLA 22 MAJOR EQUIPMENT 24,501 24,501 MAJOR EQUIPMENT, DMACT 23 MAJOR EQUIPMENT 11,117 11,117 MAJOR EQUIPMENT, DODEA 24 AUTOMATION/EDUCATIONAL SUPPORT & LOGISTICS 2,048 2,048 MAJOR EQUIPMENT, DPAA 25 MAJOR EQUIPMENT, DPAA 513 513 MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION AGENCY 27 VEHICLES 139 139 28 OTHER MAJOR EQUIPMENT 14,296 14,296 MAJOR EQUIPMENT, MISSILE DEFENSE AGENCY 30 THAAD 74,994 74,994 31 GROUND BASED MIDCOURSE 11,300 11,300 32 AEGIS BMD 402,235 402,235 34 BMDS AN/TPY–2 RADARS 4,606 4,606 35 SM–3 IIAS 337,975 652,975 Capacity expansion—test equipment [63,000] Production increase [252,000] 36 ARROW 3 UPPER TIER SYSTEMS 80,000 80,000 37 SHORT RANGE BALLISTIC MISSILE DEFENSE (SRBMD) 40,000 40,000 38 DEFENSE OF GUAM PROCUREMENT 26,514 26,514 39 AEGIS ASHORE PHASE III 30,056 30,056 40 IRON DOME 80,000 80,000 41 AEGIS BMD HARDWARE AND SOFTWARE 78,181 78,181 MAJOR EQUIPMENT, NSA 47 INFORMATION SYSTEMS SECURITY PROGRAM (ISSP) 6,738 6,738 MAJOR EQUIPMENT, OSD 50 MAJOR EQUIPMENT, OSD 64,291 94,291 Project Spectrum [30,000] MAJOR EQUIPMENT, TJS 52 MAJOR EQUIPMENT, TJS 3,900 3,900 MAJOR EQUIPMENT, WHS 54 MAJOR EQUIPMENT, WHS 310 310 CLASSIFIED PROGRAMS 99 CLASSIFIED PROGRAMS 681,894 681,894 AVIATION PROGRAMS 55 ARMED OVERWATCH/TARGETING 246,000 246,000 56 MANNED ISR 5,000 5,000 57 MC–12 3,344 3,344 59 ROTARY WING UPGRADES AND SUSTAINMENT 214,575 214,575 60 UNMANNED ISR 41,749 41,749 61 NON-STANDARD AVIATION 7,156 7,156 62 U–28 4,589 4,589 63 MH–47 CHINOOK 133,144 133,144 64 CV–22 MODIFICATION 75,629 75,629 65 MQ–9 UNMANNED AERIAL VEHICLE 9,000 9,000 66 PRECISION STRIKE PACKAGE 57,450 57,450 67 AC/MC–130J 225,569 225,569 68 C–130 MODIFICATIONS 11,945 11,945 SHIPBUILDING 69 UNDERWATER SYSTEMS 45,631 45,631 AMMUNITION PROGRAMS 70 ORDNANCE ITEMS <$5M 151,233 154,933 Maritime scalable effects [3,700] OTHER PROCUREMENT PROGRAMS 71 INTELLIGENCE SYSTEMS 175,616 175,616 72 DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 2,214 2,214 73 OTHER ITEMS <$5M 98,096 98,096 74 COMBATANT CRAFT SYSTEMS 85,566 80,166 Maritime Precision Engagement realignment of funds [–5,400] 75 SPECIAL PROGRAMS 20,042 20,042 76 TACTICAL VEHICLES 51,605 51,605 77 WARRIOR SYSTEMS <$5M 306,846 306,846 78 COMBAT MISSION REQUIREMENTS 4,991 4,991 80 OPERATIONAL ENHANCEMENTS INTELLIGENCE 18,723 18,723 81 OPERATIONAL ENHANCEMENTS 347,473 347,473 CBDP 82 CHEMICAL BIOLOGICAL SITUATIONAL AWARENESS 199,439 199,439 83 CB PROTECTION & HAZARD MITIGATION 187,164 187,164 UNDISTRIBUTED 0 149,308 Inflation effects [149,308] TOTAL PROCUREMENT, DEFENSE-WIDE 5,245,500 5,738,108 DEFENSE PRODUCTION ACT PURCHASES DEFENSE PRODUCTION ACT PURCHASES 1 DEFENSE PRODUCTION ACT PURCHASES 0 30,097 Inflation effects [30,097] TOTAL DEFENSE PRODUCTION ACT PURCHASES 0 30,097 TOTAL PROCUREMENT 144,219,205 157,919,016 XLII RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Line Program Element Item FY 2023 Request Senate Authorized RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY BASIC RESEARCH 1 0601102A DEFENSE RESEARCH SCIENCES 279,328 319,328 Basic research increase [30,000] Counter-UAS technologies [5,000] Data exchange system for a secure digital engineering environment [5,000] 2 0601103A UNIVERSITY RESEARCH INITIATIVES 70,775 70,775 3 0601104A UNIVERSITY AND INDUSTRY RESEARCH CENTERS 100,909 100,909 4 0601121A CYBER COLLABORATIVE RESEARCH ALLIANCE 5,355 5,355 5 0601601A ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING BASIC RESEARCH 10,456 10,456 SUBTOTAL BASIC RESEARCH 466,823 506,823 APPLIED RESEARCH 6 0602002A ARMY AGILE INNOVATION AND DEVELOPMENT-APPLIED RESEARCH 9,534 9,534 8 0602134A COUNTER IMPROVISED-THREAT ADVANCED STUDIES 6,192 6,192 9 0602141A LETHALITY TECHNOLOGY 87,717 87,717 10 0602142A ARMY APPLIED RESEARCH 27,833 27,833 11 0602143A SOLDIER LETHALITY TECHNOLOGY 103,839 108,839 Future Force Requirements Experimentation program [5,000] 12 0602144A GROUND TECHNOLOGY 52,848 59,848 Earthen structures soil enhancement [2,000] High temperature polymeric materials [5,000] 13 0602145A NEXT GENERATION COMBAT VEHICLE TECHNOLOGY 174,090 174,090 14 0602146A NETWORK C3I TECHNOLOGY 64,115 64,115 15 0602147A LONG RANGE PRECISION FIRES TECHNOLOGY 43,029 43,029 16 0602148A FUTURE VERTICLE LIFT TECHNOLOGY 69,348 69,348 17 0602150A AIR AND MISSILE DEFENSE TECHNOLOGY 27,016 32,016 Counter-Unmanned Aerial Systems applied research [5,000] 18 0602180A ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING TECHNOLOGIES 16,454 16,454 19 0602181A ALL DOMAIN CONVERGENCE APPLIED RESEARCH 27,399 27,399 20 0602182A C3I APPLIED RESEARCH 27,892 27,892 21 0602183A AIR PLATFORM APPLIED RESEARCH 41,588 41,588 22 0602184A SOLDIER APPLIED RESEARCH 15,716 15,716 23 0602213A C3I APPLIED CYBER 13,605 18,605 Indo-Pacific Command technical workforce development [5,000] 24 0602386A BIOTECHNOLOGY FOR MATERIALS—APPLIED RESEARCH 21,919 21,919 25 0602785A MANPOWER/PERSONNEL/TRAINING TECHNOLOGY 19,649 19,649 26 0602787A MEDICAL TECHNOLOGY 33,976 33,976 SUBTOTAL APPLIED RESEARCH 883,759 905,759 ADVANCED TECHNOLOGY DEVELOPMENT 27 0603002A MEDICAL ADVANCED TECHNOLOGY 5,207 5,207 28 0603007A MANPOWER, PERSONNEL AND TRAINING ADVANCED TECHNOLOGY 15,598 15,598 29 0603025A ARMY AGILE INNOVATION AND DEMONSTRATION 20,900 20,900 30 0603040A ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING ADVANCED TECHNOLOGIES 6,395 6,395 31 0603041A ALL DOMAIN CONVERGENCE ADVANCED TECHNOLOGY 45,463 45,463 32 0603042A C3I ADVANCED TECHNOLOGY 12,716 12,716 33 0603043A AIR PLATFORM ADVANCED TECHNOLOGY 17,946 17,946 34 0603044A SOLDIER ADVANCED TECHNOLOGY 479 479 36 0603116A LETHALITY ADVANCED TECHNOLOGY 9,796 9,796 37 0603117A ARMY ADVANCED TECHNOLOGY DEVELOPMENT 134,874 134,874 38 0603118A SOLDIER LETHALITY ADVANCED TECHNOLOGY 100,935 100,935 39 0603119A GROUND ADVANCED TECHNOLOGY 32,546 37,546 Graphene-enabled technologies for ground combat operations [5,000] 40 0603134A COUNTER IMPROVISED-THREAT SIMULATION 21,486 21,486 41 0603386A BIOTECHNOLOGY FOR MATERIALS—ADVANCED RESEARCH 56,853 56,853 42 0603457A C3I CYBER ADVANCED DEVELOPMENT 41,354 41,354 43 0603461A HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM 251,964 251,964 44 0603462A NEXT GENERATION COMBAT VEHICLE ADVANCED TECHNOLOGY 193,242 208,242 Autonomous ground vehicle cybersecurity [5,000] Combat vehicle hybrid-electric transmissions [7,000] Multi-Service Electro-Optical Signature code modernization [3,000] 45 0603463A NETWORK C3I ADVANCED TECHNOLOGY 125,565 140,565 Next-generation contaminant analysis and detection tools [5,000] PNT situational awareness tools and techniques [10,000] 46 0603464A LONG RANGE PRECISION FIRES ADVANCED TECHNOLOGY 100,830 133,340 Extended Range Artillery Munition Suite [5,000] Precision Strike Missile Inc 4 [27,510] 47 0603465A FUTURE VERTICAL LIFT ADVANCED TECHNOLOGY 177,836 177,836 48 0603466A AIR AND MISSILE DEFENSE ADVANCED TECHNOLOGY 11,147 11,147 49 0603920A HUMANITARIAN DEMINING 8,933 8,933 SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 1,392,065 1,459,575 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 50 0603305A ARMY MISSLE DEFENSE SYSTEMS INTEGRATION 12,001 12,001 51 0603308A ARMY SPACE SYSTEMS INTEGRATION 17,945 17,945 53 0603619A LANDMINE WARFARE AND BARRIER—ADV DEV 64,001 64,001 54 0603639A TANK AND MEDIUM CALIBER AMMUNITION 64,669 64,669 55 0603645A ARMORED SYSTEM MODERNIZATION—ADV DEV 49,944 49,944 56 0603747A SOLDIER SUPPORT AND SURVIVABILITY 4,060 4,060 57 0603766A TACTICAL ELECTRONIC SURVEILLANCE SYSTEM—ADV DEV 72,314 72,314 58 0603774A NIGHT VISION SYSTEMS ADVANCED DEVELOPMENT 18,048 18,048 59 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY—DEM/VAL 31,249 31,249 60 0603790A NATO RESEARCH AND DEVELOPMENT 3,805 3,805 61 0603801A AVIATION—ADV DEV 1,162,344 1,185,344 Future Long Range Assault Aircraft (FLRAA) [23,000] 62 0603804A LOGISTICS AND ENGINEER EQUIPMENT—ADV DEV 9,638 9,638 63 0603807A MEDICAL SYSTEMS—ADV DEV 598 598 64 0603827A SOLDIER SYSTEMS—ADVANCED DEVELOPMENT 25,971 27,971 Anthropomorphic body armor [2,000] 65 0604017A ROBOTICS DEVELOPMENT 26,594 26,594 66 0604019A EXPANDED MISSION AREA MISSILE (EMAM) 220,820 220,820 67 0604020A CROSS FUNCTIONAL TEAM (CFT) ADVANCED DEVELOPMENT & PROTOTYPING 106,000 106,000 69 0604035A LOW EARTH ORBIT (LEO) SATELLITE CAPABILITY 35,509 35,509 70 0604036A MULTI-DOMAIN SENSING SYSTEM (MDSS) ADV DEV 49,932 49,932 71 0604037A TACTICAL INTEL TARGETING ACCESS NODE (TITAN) ADV DEV 863 863 72 0604100A ANALYSIS OF ALTERNATIVES 10,659 10,659 73 0604101A SMALL UNMANNED AERIAL VEHICLE (SUAV) (6.4) 1,425 1,425 74 0604113A FUTURE TACTICAL UNMANNED AIRCRAFT SYSTEM (FTUAS) 95,719 95,719 75 0604114A LOWER TIER AIR MISSILE DEFENSE (LTAMD) SENSOR 382,147 382,147 76 0604115A TECHNOLOGY MATURATION INITIATIVES 269,756 269,756 77 0604117A MANEUVER—SHORT RANGE AIR DEFENSE (M-SHORAD) 225,147 225,147 78 0604119A ARMY ADVANCED COMPONENT DEVELOPMENT & PROTOTYPING 198,111 198,111 79 0604120A ASSURED POSITIONING, NAVIGATION AND TIMING (PNT) 43,797 43,797 80 0604121A SYNTHETIC TRAINING ENVIRONMENT REFINEMENT & PROTOTYPING 166,452 166,452 81 0604134A COUNTER IMPROVISED-THREAT DEMONSTRATION, PROTOTYPE DEVELOPMENT, AND TESTING 15,840 15,840 82 0604135A STRATEGIC MID-RANGE FIRES 404,291 404,291 83 0604182A HYPERSONICS 173,168 173,168 84 0604403A FUTURE INTERCEPTOR 8,179 8,179 85 0604531A COUNTER—SMALL UNMANNED AIRCRAFT SYSTEMS ADVANCED DEVELOPMENT 35,110 35,110 86 0604541A UNIFIED NETWORK TRANSPORT 36,966 36,966 89 0305251A CYBERSPACE OPERATIONS FORCES AND FORCE SUPPORT 55,677 55,677 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 4,098,749 4,123,749 SYSTEM DEVELOPMENT & DEMONSTRATION 90 0604201A AIRCRAFT AVIONICS 3,335 3,335 91 0604270A ELECTRONIC WARFARE DEVELOPMENT 4,243 4,243 92 0604601A INFANTRY SUPPORT WEAPONS 66,529 66,529 93 0604604A MEDIUM TACTICAL VEHICLES 22,163 22,163 94 0604611A JAVELIN 7,870 7,870 95 0604622A FAMILY OF HEAVY TACTICAL VEHICLES 50,924 50,924 96 0604633A AIR TRAFFIC CONTROL 2,623 2,623 97 0604641A TACTICAL UNMANNED GROUND VEHICLE (TUGV) 115,986 115,986 99 0604645A ARMORED SYSTEMS MODERNIZATION (ASM)—ENG DEV 71,287 71,287 100 0604710A NIGHT VISION SYSTEMS—ENG DEV 62,679 62,679 101 0604713A COMBAT FEEDING, CLOTHING, AND EQUIPMENT 1,566 1,566 102 0604715A NON-SYSTEM TRAINING DEVICES—ENG DEV 18,600 18,600 103 0604741A AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE—ENG DEV 39,541 41,541 Machine learning for Army integrated fires [2,000] 104 0604742A CONSTRUCTIVE SIMULATION SYSTEMS DEVELOPMENT 29,570 29,570 105 0604746A AUTOMATIC TEST EQUIPMENT DEVELOPMENT 5,178 5,178 106 0604760A DISTRIBUTIVE INTERACTIVE SIMULATIONS (DIS)—ENG DEV 8,189 8,189 109 0604798A BRIGADE ANALYSIS, INTEGRATION AND EVALUATION 21,228 21,228 110 0604802A WEAPONS AND MUNITIONS—ENG DEV 263,778 263,778 111 0604804A LOGISTICS AND ENGINEER EQUIPMENT—ENG DEV 41,669 41,669 112 0604805A COMMAND, CONTROL, COMMUNICATIONS SYSTEMS—ENG DEV 40,038 40,038 113 0604807A MEDICAL MATERIEL/MEDICAL BIOLOGICAL DEFENSE EQUIPMENT—ENG DEV 5,513 5,513 114 0604808A LANDMINE WARFARE/BARRIER—ENG DEV 12,150 12,150 115 0604818A ARMY TACTICAL COMMAND & CONTROL HARDWARE & SOFTWARE 111,690 134,690 Red team automation/ zero-trust capabilities [23,000] 116 0604820A RADAR DEVELOPMENT 71,259 71,259 117 0604822A GENERAL FUND ENTERPRISE BUSINESS SYSTEM (GFEBS) 10,402 10,402 119 0604827A SOLDIER SYSTEMS—WARRIOR DEM/VAL 11,425 11,425 120 0604852A SUITE OF SURVIVABILITY ENHANCEMENT SYSTEMS—EMD 109,702 119,702 Low detectable, optically-triggered active protection system [10,000] 121 0604854A ARTILLERY SYSTEMS—EMD 23,106 23,106 122 0605013A INFORMATION TECHNOLOGY DEVELOPMENT 124,475 109,475 Army contract writing system [–15,000] 123 0605018A INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPPS-A) 67,564 67,564 125 0605030A JOINT TACTICAL NETWORK CENTER (JTNC) 17,950 17,950 126 0605031A JOINT TACTICAL NETWORK (JTN) 30,169 30,169 128 0605035A COMMON INFRARED COUNTERMEASURES (CIRCM) 11,523 11,523 130 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT 33,029 33,029 131 0605042A TACTICAL NETWORK RADIO SYSTEMS (LOW-TIER) 4,497 4,497 132 0605047A CONTRACT WRITING SYSTEM 23,487 23,487 133 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 19,123 19,123 134 0605052A INDIRECT FIRE PROTECTION CAPABILITY INC 2—BLOCK 1 131,093 131,093 135 0605053A GROUND ROBOTICS 26,809 26,809 136 0605054A EMERGING TECHNOLOGY INITIATIVES 185,311 217,311 Palletized high energy laser [32,000] 137 0605143A BIOMETRICS ENABLING CAPABILITY (BEC) 11,091 11,091 138 0605144A NEXT GENERATION LOAD DEVICE—MEDIUM 22,439 22,439 140 0605148A TACTICAL INTEL TARGETING ACCESS NODE (TITAN) EMD 58,087 138,987 Family of Integrated Targeting Cells (FITC) TITAN [30,000] TITAN realignment of funds [50,900] 141 0605203A ARMY SYSTEM DEVELOPMENT & DEMONSTRATION 119,516 143,616 CYBERCOM UFR—Joint cyberspace warfighting architecture [24,100] 142 0605205A SMALL UNMANNED AERIAL VEHICLE (SUAV) (6.5) 6,530 6,530 143 0605224A MULTI-DOMAIN INTELLIGENCE 19,911 19,911 145 0605231A PRECISION STRIKE MISSILE (PRSM) 259,506 259,506 146 0605232A HYPERSONICS EMD 633,499 633,499 147 0605233A ACCESSIONS INFORMATION ENVIRONMENT (AIE) 13,647 13,647 148 0605235A STRATEGIC MID-RANGE CAPABILITY 5,016 5,016 149 0605236A INTEGRATED TACTICAL COMMUNICATIONS 12,447 12,447 150 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) 2,366 2,366 151 0605457A ARMY INTEGRATED AIR AND MISSILE DEFENSE (AIAMD) 265,288 267,288 Kill chain automation [2,000] 152 0605531A COUNTER—SMALL UNMANNED AIRCRAFT SYSTEMS SYS DEV & DEMONSTRATION 14,892 14,892 153 0605625A MANNED GROUND VEHICLE 589,762 589,762 154 0605766A NATIONAL CAPABILITIES INTEGRATION (MIP) 17,030 17,030 155 0605812A JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING AND MANUFACTURING DEVELOPMENT PH 9,376 9,376 156 0605830A AVIATION GROUND SUPPORT EQUIPMENT 2,959 2,959 157 0303032A TROJAN—RH12 3,761 3,761 160 0304270A ELECTRONIC WARFARE DEVELOPMENT 56,938 99,838 INDOPACOM UFR—SIGINT upgrades [4,900] Realignment of funds [38,000] SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 4,031,334 4,233,234 MANAGEMENT SUPPORT 161 0604256A THREAT SIMULATOR DEVELOPMENT 18,437 28,437 TECCE Scholarship Pathfinder program [10,000] 162 0604258A TARGET SYSTEMS DEVELOPMENT 19,132 19,132 163 0604759A MAJOR T&E INVESTMENT 107,706 107,706 164 0605103A RAND ARROYO CENTER 35,542 35,542 165 0605301A ARMY KWAJALEIN ATOLL 309,005 309,005 166 0605326A CONCEPTS EXPERIMENTATION PROGRAM 87,122 87,122 168 0605601A ARMY TEST RANGES AND FACILITIES 401,643 401,643 169 0605602A ARMY TECHNICAL TEST INSTRUMENTATION AND TARGETS 37,962 37,962 170 0605604A SURVIVABILITY/LETHALITY ANALYSIS 36,500 36,500 171 0605606A AIRCRAFT CERTIFICATION 2,777 2,777 172 0605702A METEOROLOGICAL SUPPORT TO RDT&E ACTIVITIES 6,958 6,958 173 0605706A MATERIEL SYSTEMS ANALYSIS 22,037 22,037 174 0605709A EXPLOITATION OF FOREIGN ITEMS 6,186 6,186 175 0605712A SUPPORT OF OPERATIONAL TESTING 70,718 70,718 176 0605716A ARMY EVALUATION CENTER 67,058 67,058 177 0605718A ARMY MODELING & SIM X-CMD COLLABORATION & INTEG 6,097 6,097 178 0605801A PROGRAMWIDE ACTIVITIES 89,793 89,793 179 0605803A TECHNICAL INFORMATION ACTIVITIES 28,752 28,752 180 0605805A MUNITIONS STANDARDIZATION, EFFECTIVENESS AND SAFETY 48,316 48,316 181 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY MGMT SUPPORT 1,912 1,912 182 0605898A ARMY DIRECT REPORT HEADQUARTERS—R&D - MHA 53,271 53,271 183 0606002A RONALD REAGAN BALLISTIC MISSILE DEFENSE TEST SITE 90,088 90,088 184 0606003A COUNTERINTEL AND HUMAN INTEL MODERNIZATION 1,424 1,424 186 0606942A ASSESSMENTS AND EVALUATIONS CYBER VULNERABILITIES 5,816 5,816 SUBTOTAL MANAGEMENT SUPPORT 1,554,252 1,564,252 OPERATIONAL SYSTEMS DEVELOPMENT 188 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM 18,463 18,463 189 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT 9,284 9,284 190 0607131A WEAPONS AND MUNITIONS PRODUCT IMPROVEMENT PROGRAMS 11,674 11,674 193 0607137A CHINOOK PRODUCT IMPROVEMENT PROGRAM 52,513 52,513 194 0607139A IMPROVED TURBINE ENGINE PROGRAM 228,036 228,036 195 0607142A AVIATION ROCKET SYSTEM PRODUCT IMPROVEMENT AND DEVELOPMENT 11,312 11,312 196 0607143A UNMANNED AIRCRAFT SYSTEM UNIVERSAL PRODUCTS 512 512 197 0607145A APACHE FUTURE DEVELOPMENT 10,074 10,074 198 0607148A AN/TPQ–53 COUNTERFIRE TARGET ACQUISITION RADAR SYSTEM 62,559 62,559 199 0607150A INTEL CYBER DEVELOPMENT 13,343 33,343 Offensive cyber capabilities [20,000] 200 0607312A ARMY OPERATIONAL SYSTEMS DEVELOPMENT 26,131 26,131 201 0607313A ELECTRONIC WARFARE DEVELOPMENT 6,432 6,432 202 0607665A FAMILY OF BIOMETRICS 1,114 1,114 203 0607865A PATRIOT PRODUCT IMPROVEMENT 152,312 152,312 204 0203728A JOINT AUTOMATED DEEP OPERATION COORDINATION SYSTEM (JADOCS) 19,329 19,329 205 0203735A COMBAT VEHICLE IMPROVEMENT PROGRAMS 192,310 192,310 206 0203743A 155MM SELF-PROPELLED HOWITZER IMPROVEMENTS 136,680 136,680 208 0203752A AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM 148 148 209 0203758A DIGITIZATION 2,100 2,100 210 0203801A MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT PROGRAM 3,109 63,109 Army UFR—Next gen Stinger missile replacement [60,000] 211 0203802A OTHER MISSILE PRODUCT IMPROVEMENT PROGRAMS 9,027 9,027 212 0205412A ENVIRONMENTAL QUALITY TECHNOLOGY—OPERATIONAL SYSTEM DEV 793 793 213 0205778A GUIDED MULTIPLE-LAUNCH ROCKET SYSTEM (GMLRS) 20,180 20,180 214 0208053A JOINT TACTICAL GROUND SYSTEM 8,813 8,813 217 0303140A INFORMATION SYSTEMS SECURITY PROGRAM 17,209 17,209 218 0303141A GLOBAL COMBAT SUPPORT SYSTEM 27,100 27,100 219 0303142A SATCOM GROUND ENVIRONMENT (SPACE) 18,321 18,321 222 0305179A INTEGRATED BROADCAST SERVICE (IBS) 9,926 9,926 223 0305204A TACTICAL UNMANNED AERIAL VEHICLES 4,500 4,500 224 0305206A AIRBORNE RECONNAISSANCE SYSTEMS 17,165 17,165 227 0708045A END ITEM INDUSTRIAL PREPAREDNESS ACTIVITIES 91,270 91,270 9999 9999999999 CLASSIFIED PROGRAMS 6,664 6,664 SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 1,188,403 1,268,403 SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 228 0608041A DEFENSIVE CYBER—SOFTWARE PROTOTYPE DEVELOPMENT 94,888 94,888 SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 94,888 94,888 UNDISTRIBUTED 999 99999999 UNDISTRIBUTED 0 395,627 Inflation effects [395,627] SUBTOTAL UNDISTRIBUTED 0 395,627 TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY 13,710,273 14,552,310 RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY BASIC RESEARCH 1 0601103N UNIVERSITY RESEARCH INITIATIVES 90,076 99,876 All-digital arrays for long-distance applications [9,800] 3 0601153N DEFENSE RESEARCH SCIENCES 499,116 529,116 Basic research increase [30,000] SUBTOTAL BASIC RESEARCH 589,192 628,992 APPLIED RESEARCH 4 0602114N POWER PROJECTION APPLIED RESEARCH 22,953 22,953 5 0602123N FORCE PROTECTION APPLIED RESEARCH 133,426 156,926 Cavitation erosion prevention [5,000] Energy resilience research collaboration [3,000] Relative positioning of autonomous platforms [5,000] Workforce and technology for Navy power and energy systems [10,500] 6 0602131M MARINE CORPS LANDING FORCE TECHNOLOGY 53,467 53,467 7 0602235N COMMON PICTURE APPLIED RESEARCH 51,911 51,911 8 0602236N WARFIGHTER SUSTAINMENT APPLIED RESEARCH 70,957 70,957 9 0602271N ELECTROMAGNETIC SYSTEMS APPLIED RESEARCH 92,444 92,444 10 0602435N OCEAN WARFIGHTING ENVIRONMENT APPLIED RESEARCH 74,622 74,622 11 0602651M JOINT NON-LETHAL WEAPONS APPLIED RESEARCH 6,700 6,700 12 0602747N UNDERSEA WARFARE APPLIED RESEARCH 58,111 65,111 Dual-modality research vessels [2,000] Submarine and undersea vehicle research and workforce partnerships [5,000] 13 0602750N FUTURE NAVAL CAPABILITIES APPLIED RESEARCH 173,641 173,641 14 0602782N MINE AND EXPEDITIONARY WARFARE APPLIED RESEARCH 31,649 31,649 15 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) APPLIED RESEARCH 120,637 146,237 Navy UFR—Alternative CONOPS Goalkeeper [25,600] 16 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT—ONR FIELD ACITIVITIES 81,296 81,296 SUBTOTAL APPLIED RESEARCH 971,814 1,027,914 ADVANCED TECHNOLOGY DEVELOPMENT 17 0603123N FORCE PROTECTION ADVANCED TECHNOLOGY 16,933 16,933 18 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED TECHNOLOGY 8,253 8,253 19 0603640M USMC ADVANCED TECHNOLOGY DEMONSTRATION (ATD) 280,285 330,285 Low-cost attritable aircraft technology [50,000] 20 0603651M JOINT NON-LETHAL WEAPONS TECHNOLOGY DEVELOPMENT 14,048 14,048 21 0603673N FUTURE NAVAL CAPABILITIES ADVANCED TECHNOLOGY DEVELOPMENT 251,267 251,267 22 0603680N MANUFACTURING TECHNOLOGY PROGRAM 60,704 60,704 23 0603729N WARFIGHTER PROTECTION ADVANCED TECHNOLOGY 4,999 4,999 24 0603758N NAVY WARFIGHTING EXPERIMENTS AND DEMONSTRATIONS 83,137 83,137 25 0603782N MINE AND EXPEDITIONARY WARFARE ADVANCED TECHNOLOGY 2,007 2,007 26 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) ADVANCED TECHNOLOGY DEVELOPMENT 144,122 205,422 Navy UFR—Alternative CONOPS Goalkeeper [61,300] SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 865,755 977,055 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 27 0603128N UNMANNED AERIAL SYSTEM 96,883 96,883 28 0603178N LARGE UNMANNED SURFACE VEHICLES (LUSV) 146,840 146,840 29 0603207N AIR/OCEAN TACTICAL APPLICATIONS 39,737 39,737 30 0603216N AVIATION SURVIVABILITY 17,434 17,434 31 0603239N NAVAL CONSTRUCTION FORCES 1,706 1,706 33 0603254N ASW SYSTEMS DEVELOPMENT 15,986 15,986 34 0603261N TACTICAL AIRBORNE RECONNAISSANCE 3,562 3,562 35 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY 18,628 59,328 Navy UFR—Alternative CONOPS Goalkeeper [40,700] 36 0603502N SURFACE AND SHALLOW WATER MINE COUNTERMEASURES 87,825 87,825 37 0603506N SURFACE SHIP TORPEDO DEFENSE 473 473 38 0603512N CARRIER SYSTEMS DEVELOPMENT 11,567 11,567 39 0603525N PILOT FISH 672,461 672,461 40 0603527N RETRACT LARCH 7,483 7,483 41 0603536N RETRACT JUNIPER 239,336 239,336 42 0603542N RADIOLOGICAL CONTROL 772 772 43 0603553N SURFACE ASW 1,180 1,180 44 0603561N ADVANCED SUBMARINE SYSTEM DEVELOPMENT 105,703 105,703 45 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS 10,917 10,917 46 0603563N SHIP CONCEPT ADVANCED DESIGN 82,205 82,205 47 0603564N SHIP PRELIMINARY DESIGN & FEASIBILITY STUDIES 75,327 75,327 48 0603570N ADVANCED NUCLEAR POWER SYSTEMS 227,400 227,400 49 0603573N ADVANCED SURFACE MACHINERY SYSTEMS 176,600 188,200 Silicon carbide power modules [11,600] 50 0603576N CHALK EAGLE 91,584 91,584 51 0603581N LITTORAL COMBAT SHIP (LCS) 96,444 96,444 52 0603582N COMBAT SYSTEM INTEGRATION 18,236 18,236 53 0603595N OHIO REPLACEMENT 335,981 350,981 Rapid realization of composites for wet submarine application [15,000] 54 0603596N LCS MISSION MODULES 41,533 41,533 55 0603597N AUTOMATED TEST AND RE-TEST (ATRT) 9,773 9,773 56 0603599N FRIGATE DEVELOPMENT 118,626 118,626 57 0603609N CONVENTIONAL MUNITIONS 9,286 9,286 58 0603635M MARINE CORPS GROUND COMBAT/SUPPORT SYSTEM 111,431 111,431 59 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT 36,496 36,496 60 0603713N OCEAN ENGINEERING TECHNOLOGY DEVELOPMENT 6,193 6,193 61 0603721N ENVIRONMENTAL PROTECTION 21,647 21,647 62 0603724N NAVY ENERGY PROGRAM 60,320 60,320 63 0603725N FACILITIES IMPROVEMENT 5,664 5,664 64 0603734N CHALK CORAL 833,634 833,634 65 0603739N NAVY LOGISTIC PRODUCTIVITY 899 899 66 0603746N RETRACT MAPLE 363,973 363,973 67 0603748N LINK PLUMERIA 1,038,661 1,038,661 68 0603751N RETRACT ELM 83,445 83,445 69 0603764M LINK EVERGREEN 313,761 313,761 70 0603790N NATO RESEARCH AND DEVELOPMENT 8,041 8,041 71 0603795N LAND ATTACK TECHNOLOGY 358 358 72 0603851M JOINT NON-LETHAL WEAPONS TESTING 30,533 30,533 73 0603860N JOINT PRECISION APPROACH AND LANDING SYSTEMS—DEM/VAL 18,628 18,628 74 0603925N DIRECTED ENERGY AND ELECTRIC WEAPON SYSTEMS 65,080 65,080 75 0604014N F/A –18 INFRARED SEARCH AND TRACK (IRST) 40,069 40,069 76 0604027N DIGITAL WARFARE OFFICE 165,753 165,753 77 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA VEHICLES 106,347 106,347 78 0604029N UNMANNED UNDERSEA VEHICLE CORE TECHNOLOGIES 60,697 60,697 79 0604030N RAPID PROTOTYPING, EXPERIMENTATION AND DEMONSTRATION. 57,000 57,000 80 0604031N LARGE UNMANNED UNDERSEA VEHICLES 0 100,000 Program continuation [100,000] 81 0604112N GERALD R. FORD CLASS NUCLEAR AIRCRAFT CARRIER (CVN 78—80) 116,498 116,498 82 0604126N LITTORAL AIRBORNE MCM 47,389 47,389 83 0604127N SURFACE MINE COUNTERMEASURES 12,959 12,959 84 0604272N TACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES (TADIRCM) 15,028 15,028 85 0604289M NEXT GENERATION LOGISTICS 2,342 2,342 86 0604292N FUTURE VERTICAL LIFT (MARITIME STRIKE) 5,103 5,103 87 0604320M RAPID TECHNOLOGY CAPABILITY PROTOTYPE 62,927 62,927 88 0604454N LX (R) 26,630 26,630 89 0604536N ADVANCED UNDERSEA PROTOTYPING 116,880 154,280 Mk68 [37,400] 90 0604636N COUNTER UNMANNED AIRCRAFT SYSTEMS (C-UAS) 7,438 7,438 91 0604659N PRECISION STRIKE WEAPONS DEVELOPMENT PROGRAM 84,734 84,734 92 0604707N SPACE AND ELECTRONIC WARFARE (SEW) ARCHITECTURE/ENGINEERING SUPPORT 10,229 10,229 93 0604786N OFFENSIVE ANTI-SURFACE WARFARE WEAPON DEVELOPMENT 124,204 244,304 Navy UFR—Hypersonic OASuW Inc 2 [67,100] Navy UFR—LRASM range improvement [53,000] 94 0605512N MEDIUM UNMANNED SURFACE VEHICLES (MUSVS)) 104,000 104,000 95 0605513N UNMANNED SURFACE VEHICLE ENABLING CAPABILITIES 181,620 181,620 96 0605514M GROUND BASED ANTI-SHIP MISSILE 43,090 43,090 97 0605516M LONG RANGE FIRES 36,693 36,693 98 0605518N CONVENTIONAL PROMPT STRIKE (CPS) 1,205,041 1,205,041 99 0303354N ASW SYSTEMS DEVELOPMENT—MIP 9,856 9,856 100 0304240M ADVANCED TACTICAL UNMANNED AIRCRAFT SYSTEM 1,735 1,735 101 0304270N ELECTRONIC WARFARE DEVELOPMENT—MIP 796 796 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 8,405,310 8,730,110 SYSTEM DEVELOPMENT & DEMONSTRATION 102 0603208N TRAINING SYSTEM AIRCRAFT 15,128 15,128 103 0604038N MARITIME TARGETING CELL 39,600 129,600 Family of Integrated Targeting Cells (FITC) [90,000] 104 0604212N OTHER HELO DEVELOPMENT 66,010 66,010 105 0604214M AV–8B AIRCRAFT—ENG DEV 9,205 9,205 106 0604215N STANDARDS DEVELOPMENT 3,766 3,766 107 0604216N MULTI-MISSION HELICOPTER UPGRADE DEVELOPMENT 44,684 44,684 108 0604221N P–3 MODERNIZATION PROGRAM 343 343 109 0604230N WARFARE SUPPORT SYSTEM 12,337 12,337 110 0604231N COMMAND AND CONTROL SYSTEMS 143,575 143,575 111 0604234N ADVANCED HAWKEYE 502,956 502,956 112 0604245M H–1 UPGRADES 43,759 43,759 113 0604261N ACOUSTIC SEARCH SENSORS 50,231 50,231 114 0604262N V–22A 125,233 125,233 115 0604264N AIR CREW SYSTEMS DEVELOPMENT 43,282 43,282 116 0604269N EA–18 116,589 116,589 117 0604270N ELECTRONIC WARFARE DEVELOPMENT 141,138 141,138 118 0604273M EXECUTIVE HELO DEVELOPMENT 45,645 45,645 119 0604274N NEXT GENERATION JAMMER (NGJ) 54,679 54,679 120 0604280N JOINT TACTICAL RADIO SYSTEM—NAVY (JTRS-NAVY) 329,787 329,787 121 0604282N NEXT GENERATION JAMMER (NGJ) INCREMENT II 301,737 301,737 122 0604307N SURFACE COMBATANT COMBAT SYSTEM ENGINEERING 347,233 347,233 124 0604329N SMALL DIAMETER BOMB (SDB) 42,881 42,881 125 0604366N STANDARD MISSILE IMPROVEMENTS 319,943 319,943 126 0604373N AIRBORNE MCM 10,882 10,882 127 0604378N NAVAL INTEGRATED FIRE CONTROL—COUNTER AIR SYSTEMS ENGINEERING 45,892 60,892 Stratospheric balloon research [15,000] 128 0604419N ADVANCED SENSORS APPLICATION PROGRAM (ASAP) 0 13,000 Program increase [13,000] 129 0604501N ADVANCED ABOVE WATER SENSORS 81,254 81,254 130 0604503N SSN–688 AND TRIDENT MODERNIZATION 93,501 93,501 131 0604504N AIR CONTROL 39,138 39,138 132 0604512N SHIPBOARD AVIATION SYSTEMS 11,759 11,759 133 0604518N COMBAT INFORMATION CENTER CONVERSION 11,160 11,160 134 0604522N AIR AND MISSILE DEFENSE RADAR (AMDR) SYSTEM 87,459 87,459 135 0604530N ADVANCED ARRESTING GEAR (AAG) 151 151 136 0604558N NEW DESIGN SSN 307,585 496,485 Advanced undersea capability development [188,900] 137 0604562N SUBMARINE TACTICAL WARFARE SYSTEM 58,741 58,741 138 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE T&E 60,791 60,791 139 0604574N NAVY TACTICAL COMPUTER RESOURCES 4,177 4,177 140 0604601N MINE DEVELOPMENT 60,793 127,593 Hammerhead [47,500] Indian Head explosives research [5,000] Mk68 [4,300] Navy UFR—Quickstrike-powered offensive mines [10,000] 141 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT 142,000 142,000 142 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT 8,618 8,618 143 0604657M USMC GROUND COMBAT/SUPPORTING ARMS SYSTEMS—ENG DEV 45,025 45,025 144 0604703N PERSONNEL, TRAINING, SIMULATION, AND HUMAN FACTORS 7,454 7,454 145 0604727N JOINT STANDOFF WEAPON SYSTEMS 758 758 146 0604755N SHIP SELF DEFENSE (DETECT & CONTROL) 159,426 159,426 147 0604756N SHIP SELF DEFENSE (ENGAGE: HARD KILL) 71,818 71,818 148 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW) 92,687 122,087 Navy UFR—Counter-C5ISR&T [29,400] 149 0604761N INTELLIGENCE ENGINEERING 23,742 23,742 150 0604771N MEDICAL DEVELOPMENT 3,178 3,178 151 0604777N NAVIGATION/ID SYSTEM 53,209 53,209 152 0604800M JOINT STRIKE FIGHTER (JSF)—EMD 611 611 153 0604800N JOINT STRIKE FIGHTER (JSF)—EMD 234 234 154 0604850N SSN(X) 143,949 143,949 155 0605013M INFORMATION TECHNOLOGY DEVELOPMENT 11,361 11,361 156 0605013N INFORMATION TECHNOLOGY DEVELOPMENT 290,353 280,353 Cyber supply chain risk management [5,000] Electronic procurement system program reduction [–15,000] 157 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT 7,271 7,271 158 0605180N TACAMO MODERNIZATION 554,193 554,193 159 0605212M CH–53K RDTE 220,240 220,240 160 0605215N MISSION PLANNING 71,107 71,107 161 0605217N COMMON AVIONICS 77,960 77,960 162 0605220N SHIP TO SHORE CONNECTOR (SSC) 2,886 2,886 163 0605327N T-AO 205 CLASS 220 220 164 0605414N UNMANNED CARRIER AVIATION (UCA) 265,646 265,646 165 0605450M JOINT AIR-TO-GROUND MISSILE (JAGM) 371 371 166 0605500N MULTI-MISSION MARITIME AIRCRAFT (MMA) 37,939 37,939 167 0605504N MULTI-MISSION MARITIME (MMA) INCREMENT III 161,697 161,697 168 0605611M MARINE CORPS ASSAULT VEHICLES SYSTEM DEVELOPMENT & DEMONSTRATION 94,569 94,569 169 0605813M JOINT LIGHT TACTICAL VEHICLE (JLTV) SYSTEM DEVELOPMENT & DEMONSTRATION 2,856 2,856 170 0204202N DDG–1000 197,436 197,436 171 0301377N COUNTERING ADVANCED CONVENTIONAL WEAPONS (CACW) 12,341 12,341 175 0304785N ISR & INFO OPERATIONS 135,366 135,366 176 0306250M CYBER OPERATIONS TECHNOLOGY DEVELOPMENT 37,038 37,038 SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 6,606,583 6,999,683 MANAGEMENT SUPPORT 177 0604256N THREAT SIMULATOR DEVELOPMENT 29,430 29,430 178 0604258N TARGET SYSTEMS DEVELOPMENT 13,708 13,708 179 0604759N MAJOR T&E INVESTMENT 95,316 95,316 180 0605152N STUDIES AND ANALYSIS SUPPORT—NAVY 3,286 3,286 181 0605154N CENTER FOR NAVAL ANALYSES 40,624 40,624 183 0605804N TECHNICAL INFORMATION SERVICES 987 987 184 0605853N MANAGEMENT, TECHNICAL & INTERNATIONAL SUPPORT 105,152 105,152 185 0605856N STRATEGIC TECHNICAL SUPPORT 3,787 3,787 186 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT 173,352 173,352 187 0605864N TEST AND EVALUATION SUPPORT 468,281 468,281 188 0605865N OPERATIONAL TEST AND EVALUATION CAPABILITY 27,808 27,808 189 0605866N NAVY SPACE AND ELECTRONIC WARFARE (SEW) SUPPORT 27,175 27,175 190 0605867N SEW SURVEILLANCE/RECONNAISSANCE SUPPORT 7,186 7,186 191 0605873M MARINE CORPS PROGRAM WIDE SUPPORT 39,744 39,744 192 0605898N MANAGEMENT HQ—R&D 40,648 40,648 193 0606355N WARFARE INNOVATION MANAGEMENT 52,060 52,060 194 0305327N INSIDER THREAT 2,315 2,315 195 0902498N MANAGEMENT HEADQUARTERS (DEPARTMENTAL SUPPORT ACTIVITIES) 1,811 1,811 SUBTOTAL MANAGEMENT SUPPORT 1,132,670 1,132,670 OPERATIONAL SYSTEMS DEVELOPMENT 198 0603273N SCIENCE & TECHNOLOGY FOR NUCLEAR RE-ENTRY SYSTEMS 65,735 65,735 201 0604840M F–35 C2D2 525,338 525,338 202 0604840N F–35 C2D2 491,513 491,513 203 0605520M MARINE CORPS AIR DEFENSE WEAPONS SYSTEMS 48,663 48,663 204 0607658N COOPERATIVE ENGAGEMENT CAPABILITY (CEC) 156,121 156,121 205 0101221N STRATEGIC SUB & WEAPONS SYSTEM SUPPORT 284,502 284,502 206 0101224N SSBN SECURITY TECHNOLOGY PROGRAM 50,939 50,939 207 0101226N SUBMARINE ACOUSTIC WARFARE DEVELOPMENT 81,237 81,237 208 0101402N NAVY STRATEGIC COMMUNICATIONS 49,424 49,424 209 0204136N F/A–18 SQUADRONS 238,974 238,974 210 0204228N SURFACE SUPPORT 12,197 12,197 211 0204229N TOMAHAWK AND TOMAHAWK MISSION PLANNING CENTER (TMPC) 132,719 157,719 Submarine Launched Cruise Missile—Nuclear (SLCM-N) research [25,000] 212 0204311N INTEGRATED SURVEILLANCE SYSTEM 68,417 82,917 Navy UFR—IUSS DSS DWA rapid operational development [14,500] 213 0204313N SHIP-TOWED ARRAY SURVEILLANCE SYSTEMS 1,188 1,188 214 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS (DISPLACEMENT CRAFT) 1,789 1,789 215 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ATOR) 61,422 85,422 USMC UFR—AN/TPS–80 G/ATOR radar traffic control R&D [24,000] 216 0204571N CONSOLIDATED TRAINING SYSTEMS DEVELOPMENT 70,339 70,339 217 0204575N ELECTRONIC WARFARE (EW) READINESS SUPPORT 47,436 47,436 218 0205601N ANTI-RADIATION MISSILE IMPROVEMENT 90,779 90,779 219 0205620N SURFACE ASW COMBAT SYSTEM INTEGRATION 28,999 28,999 220 0205632N MK–48 ADCAP 155,868 155,868 221 0205633N AVIATION IMPROVEMENTS 130,450 130,450 222 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS 121,439 121,439 223 0206313M MARINE CORPS COMMUNICATIONS SYSTEMS 114,305 119,305 USMC UFR—COSMOS [5,000] 224 0206335M COMMON AVIATION COMMAND AND CONTROL SYSTEM (CAC2S) 14,865 14,865 225 0206623M MARINE CORPS GROUND COMBAT/SUPPORTING ARMS SYSTEMS 100,536 100,536 226 0206624M MARINE CORPS COMBAT SERVICES SUPPORT 26,522 26,522 227 0206625M USMC INTELLIGENCE/ELECTRONIC WARFARE SYSTEMS (MIP) 51,976 51,976 228 0206629M AMPHIBIOUS ASSAULT VEHICLE 8,246 8,246 229 0207161N TACTICAL AIM MISSILES 29,236 29,236 230 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) 30,898 30,898 231 0208043N PLANNING AND DECISION AID SYSTEM (PDAS) 3,609 3,609 236 0303138N AFLOAT NETWORKS 45,693 45,693 237 0303140N INFORMATION SYSTEMS SECURITY PROGRAM 33,752 33,752 238 0305192N MILITARY INTELLIGENCE PROGRAM (MIP) ACTIVITIES 8,415 8,415 239 0305204N TACTICAL UNMANNED AERIAL VEHICLES 10,576 10,576 240 0305205N UAS INTEGRATION AND INTEROPERABILITY 18,373 18,373 241 0305208M DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 45,705 45,705 242 0305220N MQ–4C TRITON 13,893 13,893 244 0305232M RQ–11 UAV 1,234 1,234 245 0305234N SMALL (LEVEL 0) TACTICAL UAS (STUASL0) 3,761 3,761 247 0305241N MULTI-INTELLIGENCE SENSOR DEVELOPMENT 56,261 56,261 248 0305242M UNMANNED AERIAL SYSTEMS (UAS) PAYLOADS (MIP) 9,780 11,780 Autonomous MPA [2,000] 249 0305251N CYBERSPACE OPERATIONS FORCES AND FORCE SUPPORT 36,505 36,505 250 0305421N RQ–4 MODERNIZATION 163,277 163,277 251 0307577N INTELLIGENCE MISSION DATA (IMD) 851 851 252 0308601N MODELING AND SIMULATION SUPPORT 9,437 9,437 253 0702207N DEPOT MAINTENANCE (NON-IF) 26,248 26,248 254 0708730N MARITIME TECHNOLOGY (MARITECH) 2,133 2,133 9999 9999999999 CLASSIFIED PROGRAMS 1,701,811 1,701,811 SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 5,483,386 5,553,886 SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 256 0608013N RISK MANAGEMENT INFORMATION—SOFTWARE PILOT PROGRAM 12,810 12,810 257 0608231N MARITIME TACTICAL COMMAND AND CONTROL (MTC2)—SOFTWARE PILOT PROGRAM 11,198 11,198 SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 24,008 24,008 UNDISTRIBUTED 999 99999999 UNDISTRIBUTED 0 409,201 Inflation effects [409,201] SUBTOTAL UNDISTRIBUTED 0 409,201 TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY 24,078,718 25,483,519 RESEARCH, DEVELOPMENT, TEST & EVAL, AF BASIC RESEARCH 1 0601102F DEFENSE RESEARCH SCIENCES 375,325 405,325 Basic research increase [30,000] 2 0601103F UNIVERSITY RESEARCH INITIATIVES 171,192 171,192 SUBTOTAL BASIC RESEARCH 546,517 576,517 APPLIED RESEARCH 4 0602020F FUTURE AF CAPABILITIES APPLIED RESEARCH 88,672 88,672 5 0602102F MATERIALS 134,795 139,795 High energy synchotron X-ray research [5,000] 6 0602201F AEROSPACE VEHICLE TECHNOLOGIES 159,453 159,453 7 0602202F HUMAN EFFECTIVENESS APPLIED RESEARCH 135,771 135,771 8 0602203F AEROSPACE PROPULSION 172,861 172,861 9 0602204F AEROSPACE SENSORS 192,733 262,733 National network for microelectronics research and development activities [70,000] 11 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT— MAJOR HEADQUARTERS ACTIVITIES 8,856 8,856 12 0602602F CONVENTIONAL MUNITIONS 137,303 142,303 Convergence Lab Center activities [5,000] 13 0602605F DIRECTED ENERGY TECHNOLOGY 109,302 100,947 Realignment of funds [–8,355] 14 0602788F DOMINANT INFORMATION SCIENCES AND METHODS 166,041 166,041 SUBTOTAL APPLIED RESEARCH 1,305,787 1,377,432 ADVANCED TECHNOLOGY DEVELOPMENT 16 0603032F FUTURE AF INTEGRATED TECHNOLOGY DEMOS 152,559 102,559 Program reduction [–50,000] 17 0603112F ADVANCED MATERIALS FOR WEAPON SYSTEMS 29,116 34,116 Metals Affordability Initiative [5,000] 18 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY (S&T) 10,695 10,695 19 0603203F ADVANCED AEROSPACE SENSORS 36,997 36,997 20 0603211F AEROSPACE TECHNOLOGY DEV/DEMO 54,727 66,220 Realignment of funds [–8,507] Unmanned semi-autonomous adversary aircraft [20,000] 21 0603216F AEROSPACE PROPULSION AND POWER TECHNOLOGY 64,254 72,761 Realignment of funds [8,507] 22 0603270F ELECTRONIC COMBAT TECHNOLOGY 33,380 33,380 23 0603273F SCIENCE & TECHNOLOGY FOR NUCLEAR RE-ENTRY SYSTEMS 39,431 39,431 26 0603456F HUMAN EFFECTIVENESS ADVANCED TECHNOLOGY DEVELOPMENT 20,652 20,652 27 0603601F CONVENTIONAL WEAPONS TECHNOLOGY 187,374 187,374 28 0603605F ADVANCED WEAPONS TECHNOLOGY 98,503 98,503 29 0603680F MANUFACTURING TECHNOLOGY PROGRAM 47,759 47,759 30 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT AND DEMONSTRATION 51,824 51,824 SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 827,271 802,271 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 31 0603036F MODULAR ADVANCED MISSILE 125,688 125,688 32 0603260F INTELLIGENCE ADVANCED DEVELOPMENT 6,101 6,101 33 0603742F COMBAT IDENTIFICATION TECHNOLOGY 17,318 17,318 34 0603790F NATO RESEARCH AND DEVELOPMENT 4,295 4,295 35 0603851F INTERCONTINENTAL BALLISTIC MISSILE—DEM/VAL 46,432 46,432 36 0604001F NC3 ADVANCED CONCEPTS 5,098 5,098 38 0604003F ADVANCED BATTLE MANAGEMENT SYSTEM (ABMS) 231,408 231,408 39 0604004F ADVANCED ENGINE DEVELOPMENT 353,658 353,658 40 0604006F DEPT OF THE AIR FORCE TECH ARCHITECTURE 66,615 66,615 41 0604015F LONG RANGE STRIKE—BOMBER 3,253,584 3,253,584 42 0604032F DIRECTED ENERGY PROTOTYPING 4,269 4,269 43 0604033F HYPERSONICS PROTOTYPING 431,868 161,547 Realignment of funds [–316,887] Realignment of funds from MPAF line 6 [46,566] 44 0604183F HYPERSONICS PROTOTYPING—HYPERSONIC ATTACK CRUISE MISSILE (HACM) 144,891 461,778 Realignment of funds [316,887] 45 0604201F PNT RESILIENCY, MODS, AND IMPROVEMENTS 12,010 12,010 46 0604257F ADVANCED TECHNOLOGY AND SENSORS 13,311 13,311 47 0604288F SURVIVABLE AIRBORNE OPERATIONS CENTER 203,213 203,213 48 0604317F TECHNOLOGY TRANSFER 16,759 16,759 49 0604327F HARD AND DEEPLY BURIED TARGET DEFEAT SYSTEM (HDBTDS) PROGRAM 106,826 141,826 CENTCOM UFR—HDBTDS program [35,000] 50 0604414F CYBER RESILIENCY OF WEAPON SYSTEMS-ACS 44,526 69,526 Program increase [25,000] 51 0604668F JOINT TRANSPORTATION MANAGEMENT SYSTEM (JTMS) 51,758 51,758 52 0604776F DEPLOYMENT & DISTRIBUTION ENTERPRISE R&D 27,586 27,586 53 0604858F TECH TRANSITION PROGRAM 649,545 603,545 Air Force operational energy increase [10,000] Hybrid autonomous maritime expeditionary logistics [2,000] Realignment of funds to APAF [–42,500] Realignment of funds to line 54 [–15,500] 54 0604860F OPERATIONAL ENERGY AND INSTALLATION RESILIENCE 0 15,500 Realignment of funds [15,500] 56 0207110F NEXT GENERATION AIR DOMINANCE 1,657,733 1,657,733 57 0207179F AUTONOMOUS COLLABORATIVE PLATFORMS 51,747 51,747 58 0207420F COMBAT IDENTIFICATION 1,866 1,866 59 0207455F THREE DIMENSIONAL LONG-RANGE RADAR (3DELRR) 14,490 14,490 60 0207522F AIRBASE AIR DEFENSE SYSTEMS (ABADS) 52,498 52,498 61 0208030F WAR RESERVE MATERIEL—AMMUNITION 10,288 10,288 64 0305236F COMMON DATA LINK EXECUTIVE AGENT (CDL EA) 37,460 37,460 65 0305601F MISSION PARTNER ENVIRONMENTS 17,378 17,378 66 0306250F CYBER OPERATIONS TECHNOLOGY SUPPORT 234,576 365,276 AI systems and applications for CYBERCOM [50,000] CYBERCOM UFR—Cyber mission force operational support [31,000] CYBERCOM UFR—Joint cyberspace warfighting architecture [20,900] Hunt forward operations [28,800] 67 0306415F ENABLED CYBER ACTIVITIES 16,728 16,728 70 0808737F CVV INTEGRATED PREVENTION 9,315 9,315 71 0901410F CONTRACTING INFORMATION TECHNOLOGY SYSTEM 14,050 14,050 72 1206415F U.S. SPACE COMMAND RESEARCH AND DEVELOPMENT SUPPORT 10,350 10,350 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 7,945,238 8,152,004 SYSTEM DEVELOPMENT & DEMONSTRATION 73 0604200F FUTURE ADVANCED WEAPON ANALYSIS & PROGRAMS 9,879 9,879 74 0604201F PNT RESILIENCY, MODS, AND IMPROVEMENTS 176,824 176,824 75 0604222F NUCLEAR WEAPONS SUPPORT 64,425 64,425 76 0604270F ELECTRONIC WARFARE DEVELOPMENT 2,222 2,222 77 0604281F TACTICAL DATA NETWORKS ENTERPRISE 133,117 133,117 78 0604287F PHYSICAL SECURITY EQUIPMENT 8,493 8,493 79 0604602F ARMAMENT/ORDNANCE DEVELOPMENT 5,279 5,279 80 0604604F SUBMUNITIONS 3,273 3,273 81 0604617F AGILE COMBAT SUPPORT 14,252 14,252 83 0604706F LIFE SUPPORT SYSTEMS 47,442 47,442 84 0604735F COMBAT TRAINING RANGES 91,284 91,284 86 0604932F LONG RANGE STANDOFF WEAPON 928,850 928,850 87 0604933F ICBM FUZE MODERNIZATION 98,376 98,376 88 0605030F JOINT TACTICAL NETWORK CENTER (JTNC) 2,222 2,222 89 0605056F OPEN ARCHITECTURE MANAGEMENT 38,222 38,222 90 0605223F ADVANCED PILOT TRAINING 37,121 37,121 91 0605229F HH–60W 58,974 58,974 92 0605238F GROUND BASED STRATEGIC DETERRENT EMD 3,614,290 3,614,290 94 0207171F F–15 EPAWSS 67,956 67,956 95 0207279F ISOLATED PERSONNEL SURVIVABILITY AND RECOVERY 27,881 27,881 96 0207328F STAND IN ATTACK WEAPON 283,152 283,152 97 0207701F FULL COMBAT MISSION TRAINING 3,028 3,028 102 0401221F KC–46A TANKER SQUADRONS 197,510 197,510 103 0401319F VC–25B 492,932 492,932 104 0701212F AUTOMATED TEST SYSTEMS 16,664 16,664 105 0804772F TRAINING DEVELOPMENTS 15,138 15,138 107 1206442F NEXT GENERATION OPIR 148 148 SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 6,438,954 6,438,954 MANAGEMENT SUPPORT 108 0604256F THREAT SIMULATOR DEVELOPMENT 21,067 21,067 109 0604759F MAJOR T&E INVESTMENT 44,714 201,314 Air Force UFR—Gulf instrumentation for hypersonics testing [55,200] Air Force UFR—Quick reaction test capability for hypersonics testing [14,700] Air Force UFR—VKF wind tunnel improvements for hypersonics testing [56,700] Major Range and Test Facility Base improvements [30,000] 110 0605101F RAND PROJECT AIR FORCE 37,921 37,921 111 0605502F SMALL BUSINESS INNOVATION RESEARCH 86 86 112 0605712F INITIAL OPERATIONAL TEST & EVALUATION 13,926 13,926 113 0605807F TEST AND EVALUATION SUPPORT 826,854 841,854 Air Force UFR—EDW/Eglin hypersonics testing [10,000] Air Force UFR—VKF wind tunnel throughput for hypersonics testing [5,000] 115 0605827F ACQ WORKFORCE- GLOBAL VIG & COMBAT SYS 255,995 283,995 Realignment of funds [28,000] 116 0605828F ACQ WORKFORCE- GLOBAL REACH 457,589 457,589 117 0605829F ACQ WORKFORCE- CYBER, NETWORK, & BUS SYS 459,223 473,423 Realignment of funds [14,200] 118 0605830F ACQ WORKFORCE- GLOBAL BATTLE MGMT 3,696 3,696 119 0605831F ACQ WORKFORCE- CAPABILITY INTEGRATION 229,610 253,610 Realignment of funds [24,000] 120 0605832F ACQ WORKFORCE- ADVANCED PRGM TECHNOLOGY 92,648 67,361 Realignment of funds [–25,287] 121 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS 241,226 236,382 Realignment of funds [–4,844] 122 0605898F MANAGEMENT HQ—R&D 4,347 5,624 Realignment of funds [1,277] 123 0605976F FACILITIES RESTORATION AND MODERNIZATION—TEST AND EVALUATION SUPPORT 77,820 133,420 Air Force UFR—Quick reaction test capability for hypersonics testing [7,500] Air Force UFR—VKF wind tunnel improvements for hypersonics testing [48,100] 124 0605978F FACILITIES SUSTAINMENT—TEST AND EVALUATION SUPPORT 31,561 31,561 125 0606017F REQUIREMENTS ANALYSIS AND MATURATION 101,844 101,844 126 0606398F MANAGEMENT HQ—T&E 6,285 6,285 127 0303166F SUPPORT TO INFORMATION OPERATIONS (IO) CAPABILITIES 556 556 128 0303255F COMMAND, CONTROL, COMMUNICATION, AND COMPUTERS (C4)—STRATCOM 15,559 35,559 NEC accleration for hardened NC3 [10,500] Next-generation Nuclear Command, Control, and Communications architecture [5,000] Nuclear Command, Control, and Communications assessment [4,500] 129 0308602F ENTEPRISE INFORMATION SERVICES (EIS) 83,231 83,231 130 0702806F ACQUISITION AND MANAGEMENT SUPPORT 24,306 24,306 131 0804731F GENERAL SKILL TRAINING 871 871 134 1001004F INTERNATIONAL ACTIVITIES 2,593 2,593 SUBTOTAL MANAGEMENT SUPPORT 3,033,528 3,318,074 OPERATIONAL SYSTEMS DEVELOPMENT 136 0604233F SPECIALIZED UNDERGRADUATE FLIGHT TRAINING 18,037 18,037 138 0604617F AGILE COMBAT SUPPORT 8,199 8,199 139 0604776F DEPLOYMENT & DISTRIBUTION ENTERPRISE R&D 156 156 140 0604840F F–35 C2D2 1,014,708 1,014,708 141 0605018F AF INTEGRATED PERSONNEL AND PAY SYSTEM (AF-IPPS) 37,901 37,901 142 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE AGENCY 50,066 50,066 143 0605117F FOREIGN MATERIEL ACQUISITION AND EXPLOITATION 80,338 80,338 144 0605278F HC/MC–130 RECAP RDT&E 47,994 51,870 Crypto Mods—AC–130J [3,876] 145 0606018F NC3 INTEGRATION 23,559 23,559 147 0101113F B–52 SQUADRONS 770,313 775,313 Crypto Mods—B–52 [5,000] 148 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) 571 571 149 0101126F B–1B SQUADRONS 13,144 17,644 Crypto Mods—B–1B [4,500] 150 0101127F B–2 SQUADRONS 111,990 111,990 151 0101213F MINUTEMAN SQUADRONS 69,650 69,650 152 0101316F WORLDWIDE JOINT STRATEGIC COMMUNICATIONS 22,725 22,725 153 0101324F INTEGRATED STRATEGIC PLANNING & ANALYSIS NETWORK 3,180 3,180 154 0101328F ICBM REENTRY VEHICLES 118,616 118,616 156 0102110F UH–1N REPLACEMENT PROGRAM 17,922 17,922 157 0102326F REGION/SECTOR OPERATION CONTROL CENTER MODERNIZATION PROGRAM 451 451 158 0102412F NORTH WARNING SYSTEM (NWS) 76,910 76,910 159 0102417F OVER-THE-HORIZON BACKSCATTER RADAR 12,210 12,210 160 0202834F VEHICLES AND SUPPORT EQUIPMENT—GENERAL 14,483 14,483 161 0205219F MQ–9 UAV 98,499 98,499 162 0205671F JOINT COUNTER RCIED ELECTRONIC WARFARE 1,747 1,747 163 0207040F MULTI-PLATFORM ELECTRONIC WARFARE EQUIPMENT 23,195 23,195 164 0207131F A–10 SQUADRONS 72,393 72,393 165 0207133F F–16 SQUADRONS 244,696 251,414 Crypto Mods—F–16 Post Blk [1,968] Crypto Mods—F–16 Pre Blk [4,750] 166 0207134F F–15E SQUADRONS 213,272 213,272 167 0207136F MANNED DESTRUCTIVE SUPPRESSION 16,695 16,695 168 0207138F F–22A SQUADRONS 559,709 559,709 169 0207142F F–35 SQUADRONS 70,730 70,730 170 0207146F F–15EX 83,830 83,830 171 0207161F TACTICAL AIM MISSILES 34,536 34,536 172 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) 52,704 52,704 173 0207227F COMBAT RESCUE—PARARESCUE 863 863 174 0207247F AF TENCAP 23,309 23,309 175 0207249F PRECISION ATTACK SYSTEMS PROCUREMENT 12,722 12,722 176 0207253F COMPASS CALL 49,054 49,054 177 0207268F AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM 116,087 116,087 178 0207325F JOINT AIR-TO-SURFACE STANDOFF MISSILE (JASSM) 117,198 129,198 INDOPACOM UFR—JASSM software update [12,000] 179 0207327F SMALL DIAMETER BOMB (SDB) 27,713 130,713 Air Force UFR—SDB II refresh and development [103,000] 181 0207412F CONTROL AND REPORTING CENTER (CRC) 6,615 6,615 182 0207417F AIRBORNE WARNING AND CONTROL SYSTEM (AWACS) 239,658 540,658 E–7 acceleration [301,000] 183 0207418F AFSPECWAR—TACP 5,982 5,982 185 0207431F COMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES 23,504 23,504 186 0207438F THEATER BATTLE MANAGEMENT (TBM) C4I 5,851 5,851 187 0207439F ELECTRONIC WARFARE INTEGRATED REPROGRAMMING (EWIR) 15,990 15,990 188 0207444F TACTICAL AIR CONTROL PARTY-MOD 10,315 10,315 189 0207452F DCAPES 8,049 8,049 190 0207521F AIR FORCE CALIBRATION PROGRAMS 2,123 2,123 192 0207573F NATIONAL TECHNICAL NUCLEAR FORENSICS 2,039 2,039 193 0207590F SEEK EAGLE 32,853 32,853 194 0207601F USAF MODELING AND SIMULATION 19,341 19,341 195 0207605F WARGAMING AND SIMULATION CENTERS 7,004 7,004 197 0207697F DISTRIBUTED TRAINING AND EXERCISES 4,628 4,628 198 0208006F MISSION PLANNING SYSTEMS 99,214 99,214 199 0208007F TACTICAL DECEPTION 17,074 17,074 200 0208064F OPERATIONAL HQ—CYBER 2,347 2,347 201 0208087F DISTRIBUTED CYBER WARFARE OPERATIONS 76,592 76,592 202 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS 8,367 26,167 Enterprise Logging and Cyber Situational Awareness Refinery (ELICSAR) [17,800] 203 0208097F JOINT CYBER COMMAND AND CONTROL (JCC2) 80,740 75,740 Centropy progam reduction [–5,000] 204 0208099F UNIFIED PLATFORM (UP) 107,548 107,548 208 0208288F INTEL DATA APPLICATIONS 1,065 1,065 209 0301025F GEOBASE 2,928 2,928 211 0301113F CYBER SECURITY INTELLIGENCE SUPPORT 8,972 8,972 218 0301401F AIR FORCE SPACE AND CYBER NON-TRADITIONAL ISR FOR BATTLESPACE AWARENESS 3,069 3,069 219 0302015F E–4B NATIONAL AIRBORNE OPERATIONS CENTER (NAOC) 25,701 26,401 Crypto Mods—E–4B [700] 220 0303131F MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN) 41,171 41,171 221 0303140F INFORMATION SYSTEMS SECURITY PROGRAM 70,582 70,582 224 0303260F JOINT MILITARY DECEPTION INITIATIVE 2,588 2,588 226 0304260F AIRBORNE SIGINT ENTERPRISE 108,528 108,528 227 0304310F COMMERCIAL ECONOMIC ANALYSIS 4,542 4,542 230 0305015F C2 AIR OPERATIONS SUITE—C2 INFO SERVICES 8,097 8,097 231 0305020F CCMD INTELLIGENCE INFORMATION TECHNOLOGY 1,751 1,751 232 0305022F ISR MODERNIZATION & AUTOMATION DVMT (IMAD) 13,138 13,138 233 0305099F GLOBAL AIR TRAFFIC MANAGEMENT (GATM) 4,895 4,895 234 0305103F CYBER SECURITY INITIATIVE 91 91 235 0305111F WEATHER SERVICE 11,716 11,716 236 0305114F AIR TRAFFIC CONTROL, APPROACH, AND LANDING SYSTEM (ATCALS) 8,511 8,511 237 0305116F AERIAL TARGETS 1,365 1,365 240 0305128F SECURITY AND INVESTIGATIVE ACTIVITIES 223 223 241 0305146F DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES 8,328 8,328 243 0305179F INTEGRATED BROADCAST SERVICE (IBS) 22,123 22,123 244 0305202F DRAGON U–2 20,170 20,170 245 0305206F AIRBORNE RECONNAISSANCE SYSTEMS 55,048 55,048 246 0305207F MANNED RECONNAISSANCE SYSTEMS 14,590 14,590 247 0305208F DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 26,901 26,901 248 0305220F RQ–4 UAV 68,801 68,801 249 0305221F NETWORK-CENTRIC COLLABORATIVE TARGETING 17,564 17,564 250 0305238F NATO AGS 826 826 251 0305240F SUPPORT TO DCGS ENTERPRISE 28,774 28,774 252 0305600F INTERNATIONAL INTELLIGENCE TECHNOLOGY AND ARCHITECTURES 15,036 15,036 253 0305881F RAPID CYBER ACQUISITION 3,739 3,739 254 0305984F PERSONNEL RECOVERY COMMAND & CTRL (PRC2) 2,702 2,702 255 0307577F INTELLIGENCE MISSION DATA (IMD) 6,332 6,332 256 0401115F C–130 AIRLIFT SQUADRON 407 407 257 0401119F C–5 AIRLIFT SQUADRONS (IF) 6,100 6,100 258 0401130F C–17 AIRCRAFT (IF) 25,387 25,387 259 0401132F C–130J PROGRAM 11,060 13,660 Crypto Mods—C–130J [2,600] 260 0401134F LARGE AIRCRAFT IR COUNTERMEASURES (LAIRCM) 2,909 2,909 261 0401218F KC–135S 12,955 17,755 Crypto Mods—KC–135 [4,800] 262 0401318F CV–22 10,121 11,171 Crypto Mods—CV–22 [1,050] 263 0408011F SPECIAL TACTICS / COMBAT CONTROL 6,297 6,297 264 0708055F MAINTENANCE, REPAIR & OVERHAUL SYSTEM 19,892 19,892 265 0708610F LOGISTICS INFORMATION TECHNOLOGY (LOGIT) 5,271 5,271 267 0804743F OTHER FLIGHT TRAINING 2,214 2,214 269 0901202F JOINT PERSONNEL RECOVERY AGENCY 2,164 2,164 270 0901218F CIVILIAN COMPENSATION PROGRAM 4,098 4,098 271 0901220F PERSONNEL ADMINISTRATION 3,191 3,191 272 0901226F AIR FORCE STUDIES AND ANALYSIS AGENCY 899 899 273 0901538F FINANCIAL MANAGEMENT INFORMATION SYSTEMS DEVELOPMENT 5,421 5,421 276 1202140F SERVICE SUPPORT TO SPACECOM ACTIVITIES 13,766 13,766 9999 9999999999 CLASSIFIED PROGRAMS 17,240,641 17,340,641 Electromagnetic spectrum technology for spectrum sharing, EW protection, and offensive EW capabilities [85,000] RCO Family of Integrated Targeting Cells (FITC) integration [15,000] SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 23,090,569 23,648,613 SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 278 0608158F STRATEGIC MISSION PLANNING AND EXECUTION SYSTEM—SOFTWARE PILOT PROGRAM 100,167 100,167 279 0608410F AIR & SPACE OPERATIONS CENTER (AOC)—SOFTWARE PILOT PROGRAM 177,827 177,827 280 0608920F DEFENSE ENTERPRISE ACCOUNTING AND MANAGEMENT SYSTEM (DEAMS)—SOFTWARE PILOT PRO 136,202 136,202 281 0208087F DISTRIBUTED CYBER WARFARE OPERATIONS 37,346 0 Realignment of funds [–37,346] 282 0308605F AIR FORCE DEFENSIVE CYBER SYSTEMS (AFDCS)—SOFTWARE PILOT PROGRAM 240,926 240,926 283 0308606F ALL DOMAIN COMMON PLATFORM (ADCP)—SOFTWARE PILOT PROGRAM 190,112 190,112 284 0308607F AIR FORCE WEATHER PROGRAMS—SOFTWARE PILOT PROGRAM 58,063 58,063 285 0308608F ELECTRONIC WARFARE INTEGRATED REPROGRAMMING (EWIR)—SOFTWARE PILOT PROGRAM 5,794 5,794 SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 946,437 909,091 UNDISTRIBUTED 999 99999999 UNDISTRIBUTED 0 1,000,847 Inflation effects [1,000,847] SUBTOTAL UNDISTRIBUTED 0 1,000,847 TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, AF 44,134,301 46,223,803 RDTE, SPACE FORCE APPLIED RESEARCH 2 1206601SF SPACE TECHNOLOGY 243,737 256,092 Advanced hybrid rocket engine development [4,000] Realignment of funds [8,355] SUBTOTAL APPLIED RESEARCH 243,737 256,092 ADVANCED TECHNOLOGY DEVELOPMENT 3 1206310SF SPACE SCIENCE AND TECHNOLOGY RESEARCH AND DEVELOPMENT 460,820 460,820 4 1206616SF SPACE ADVANCED TECHNOLOGY DEVELOPMENT/DEMO 103,395 106,168 Realignment of funds [2,773] SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 564,215 566,988 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 5 0604002SF SPACE FORCE WEATHER SERVICES RESEARCH 816 816 6 1203164SF NAVSTAR GLOBAL POSITIONING SYSTEM (USER EQUIPMENT) (SPACE) 382,594 382,594 7 1203622SF SPACE WARFIGHTING ANALYSIS 44,791 44,791 8 1203710SF EO/IR WEATHER SYSTEMS 96,519 96,519 10 1206410SF SPACE TECHNOLOGY DEVELOPMENT AND PROTOTYPING 986,822 986,822 12 1206425SF SPACE SITUATION AWARENESS SYSTEMS 230,621 233,621 Digitization of PARCS radar for space domain awareness [3,000] 13 1206427SF SPACE SYSTEMS PROTOTYPE TRANSITIONS (SSPT) 106,252 134,252 DARPA Blackjack RF payload [28,000] 14 1206438SF SPACE CONTROL TECHNOLOGY 57,953 57,953 16 1206730SF SPACE SECURITY AND DEFENSE PROGRAM 59,169 59,169 17 1206760SF PROTECTED TACTICAL ENTERPRISE SERVICE (PTES) 121,069 121,069 18 1206761SF PROTECTED TACTICAL SERVICE (PTS) 294,828 294,828 19 1206855SF EVOLVED STRATEGIC SATCOM (ESS) 565,597 565,597 20 1206857SF SPACE RAPID CAPABILITIES OFFICE 45,427 45,427 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 2,992,458 3,023,458 SYSTEM DEVELOPMENT & DEMONSTRATION 21 1203269SF GPS III FOLLOW-ON (GPS IIIF) 325,927 325,927 22 1203940SF SPACE SITUATION AWARENESS OPERATIONS 49,628 49,628 23 1206421SF COUNTERSPACE SYSTEMS 21,848 21,848 24 1206422SF WEATHER SYSTEM FOLLOW-ON 48,870 48,870 25 1206425SF SPACE SITUATION AWARENESS SYSTEMS 105,140 105,140 26 1206431SF ADVANCED EHF MILSATCOM (SPACE) 11,701 11,701 27 1206432SF POLAR MILSATCOM (SPACE) 67,465 67,465 28 1206433SF WIDEBAND GLOBAL SATCOM (SPACE) 48,438 48,438 29 1206440SF NEXT-GEN OPIR—GROUND 0 612,529 Realignment of funds [612,529] 30 1206442SF NEXT GENERATION OPIR 3,479,459 253,801 Realignment of funds to line 29 [–612,529] Realignment of funds to line 31 [–1,713,933] Realignment of funds to line 32 [–899,196] 31 1206443SF NEXT-GEN OPIR—GEO 0 1,713,933 Realignment of funds [1,713,933] 32 1206444SF NEXT-GEN OPIR—POLAR 0 899,196 Realignment of funds [899,196] 33 1206445SF COMMERCIAL SATCOM (COMSATCOM) INTEGRATION 23,513 23,513 34 1206446SF RESILIENT MISSILE WARNING MISSILE TRACKING—LOW EARTH ORBIT (LEO) 499,840 525,637 Realignment of funds [25,797] 35 1206447SF RESILIENT MISSILE WARNING MISSILE TRACKING—MEDIUM EARTH ORBIT (MEO) 139,131 303,930 Realignment of funds [164,799] 36 1206448SF RESILIENT MISSILE WARNING MISSILE TRACKING—INTEGRATED GROUND SEGMENT 390,596 0 Realignment of funds [–200,000] Realignment of funds to line 34 [–25,797] Realignment of funds to line 35 [–164,799] 37 1206853SF NATIONAL SECURITY SPACE LAUNCH PROGRAM (SPACE)—EMD 124,103 124,103 SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 5,335,659 5,135,659 MANAGEMENT SUPPORT 39 1206116SF SPACE TEST AND TRAINING RANGE DEVELOPMENT 21,453 21,453 40 1206392SF ACQ WORKFORCE—SPACE & MISSILE SYSTEMS 253,716 253,716 41 1206398SF SPACE & MISSILE SYSTEMS CENTER—MHA 13,962 13,962 42 1206616SF SPACE ADVANCED TECHNOLOGY DEVELOPMENT/DEMO 2,773 0 Realignment of funds [–2,773] 43 1206759SF MAJOR T&E INVESTMENT—SPACE 89,751 89,751 44 1206860SF ROCKET SYSTEMS LAUNCH PROGRAM (SPACE) 17,922 17,922 46 1206864SF SPACE TEST PROGRAM (STP) 25,366 25,366 SUBTOTAL MANAGEMENT SUPPORT 424,943 422,170 OPERATIONAL SYSTEM DEVELOPMENT 48 1201017SF GLOBAL SENSOR INTEGRATED ON NETWORK (GSIN) 5,321 5,321 49 1203001SF FAMILY OF ADVANCED BLOS TERMINALS (FAB-T) 128,243 128,243 50 1203040SF DCO-SPACE 28,162 28,162 51 1203109SF NARROWBAND SATELLITE COMMUNICATIONS 165,892 165,892 52 1203110SF SATELLITE CONTROL NETWORK (SPACE) 42,199 42,199 53 1203165SF NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE AND CONTROL SEGMENTS) 2,062 2,062 54 1203173SF SPACE AND MISSILE TEST AND EVALUATION CENTER 4,157 4,157 55 1203174SF SPACE INNOVATION, INTEGRATION AND RAPID TECHNOLOGY DEVELOPMENT 38,103 38,103 56 1203182SF SPACELIFT RANGE SYSTEM (SPACE) 11,658 11,658 57 1203265SF GPS III SPACE SEGMENT 1,626 1,626 58 1203330SF SPACE SUPERIORITY ISR 29,128 29,128 59 1203620SF NATIONAL SPACE DEFENSE CENTER 2,856 2,856 60 1203873SF BALLISTIC MISSILE DEFENSE RADARS 18,615 23,615 Upgrades for Perimeter Acquisition Radar Attack Characterization System (PARCS) [5,000] 61 1203906SF NCMC—TW/AA SYSTEM 7,274 7,274 62 1203913SF NUDET DETECTION SYSTEM (SPACE) 80,429 80,429 63 1203940SF SPACE SITUATION AWARENESS OPERATIONS 80,903 80,903 64 1206423SF GLOBAL POSITIONING SYSTEM III—OPERATIONAL CONTROL SEGMENT 359,720 359,720 68 1206770SF ENTERPRISE GROUND SERVICES 123,601 123,601 9999 9999999999 CLASSIFIED PROGRAMS 4,973,358 5,607,858 INDOPACOM UFR—Operationalize near-term space control [308,000] Space Force UFR—Classified program [326,500] SUBTOTAL OPERATIONAL SYSTEM DEVELOPMENT 6,103,307 6,742,807 SOFTWARE & DIGITAL TECHNOLOGY PILOT PROGRAMS 70 1208248SF SPACE COMMAND & CONTROL—SOFTWARE PILOT PROGRAM 155,053 155,053 SUBTOTAL SOFTWARE & DIGITAL TECHNOLOGY PILOT PROGRAMS 155,053 155,053 UNDISTRIBUTED 999 99999999 UNDISTRIBUTED 0 539,491 Inflation effects [539,491] SUBTOTAL UNDISTRIBUTED 0 539,491 TOTAL RDTE, SPACE FORCE 15,819,372 16,841,718 RESEARCH, DEVELOPMENT, TEST & EVAL, DW BASIC RESEARCH 1 0601000BR DTRA BASIC RESEARCH 11,584 11,584 2 0601101E DEFENSE RESEARCH SCIENCES 401,870 401,870 3 0601108D8Z HIGH ENERGY LASER RESEARCH INITIATIVES 16,257 16,257 4 0601110D8Z BASIC RESEARCH INITIATIVES 62,386 87,386 Defense established program to stimulate competitive research (DEPSCoR) [25,000] 5 0601117E BASIC OPERATIONAL MEDICAL RESEARCH SCIENCE 80,874 80,874 6 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM 132,347 132,347 7 0601228D8Z HISTORICALLY BLACK COLLEGES AND UNIVERSITIES/MINORITY INSTITUTIONS 33,288 63,288 Program increase for STEM programs [30,000] 8 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 34,734 34,734 SUBTOTAL BASIC RESEARCH 773,340 828,340 APPLIED RESEARCH 10 0602000D8Z JOINT MUNITIONS TECHNOLOGY 18,961 18,961 11 0602115E BIOMEDICAL TECHNOLOGY 106,958 106,958 12 0602128D8Z PROMOTION AND PROTECTION STRATEGIES 3,275 3,275 14 0602230D8Z DEFENSE TECHNOLOGY INNOVATION 20,634 60,634 Open radio access networks for next generation wireless experimentation [40,000] 15 0602234D8Z LINCOLN LABORATORY RESEARCH PROGRAM 46,159 48,159 Superconducting microelectronics [2,000] 16 0602251D8Z APPLIED RESEARCH FOR THE ADVANCEMENT OF S&T PRIORITIES 67,666 67,666 17 0602303E INFORMATION & COMMUNICATIONS TECHNOLOGY 388,270 513,270 AI/autonomy to cybersecurity and cyberspace operations challenges [30,000] National Security Commission on AI recommendations [75,000] Underexplored systems for utility-scale quantum computing [20,000] 18 0602383E BIOLOGICAL WARFARE DEFENSE 23,059 23,059 19 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 256,197 256,197 20 0602668D8Z CYBER SECURITY RESEARCH 17,264 42,264 Cyber consortium seedling funding [25,000] 21 0602675D8Z SOCIAL SCIENCES FOR ENVIRONMENTAL SECURITY 4,000 4,000 22 0602702E TACTICAL TECHNOLOGY 221,883 221,883 23 0602715E MATERIALS AND BIOLOGICAL TECHNOLOGY 352,976 355,276 ReVector [2,300] 24 0602716E ELECTRONICS TECHNOLOGY 557,745 557,745 25 0602718BR COUNTER WEAPONS OF MASS DESTRUCTION APPLIED RESEARCH 192,162 192,162 26 0602751D8Z SOFTWARE ENGINEERING INSTITUTE (SEI) APPLIED RESEARCH 11,030 11,030 27 0602890D8Z HIGH ENERGY LASER RESEARCH 48,587 48,587 28 1160401BB SOF TECHNOLOGY DEVELOPMENT 49,174 49,174 SUBTOTAL APPLIED RESEARCH 2,386,000 2,580,300 ADVANCED TECHNOLOGY DEVELOPMENT 29 0603000D8Z JOINT MUNITIONS ADVANCED TECHNOLOGY 34,065 34,065 30 0603121D8Z SO/LIC ADVANCED DEVELOPMENT 4,919 4,919 31 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUPPORT 72,614 72,614 32 0603133D8Z FOREIGN COMPARATIVE TESTING 26,802 26,802 34 0603160BR COUNTER WEAPONS OF MASS DESTRUCTION ADVANCED TECHNOLOGY DEVELOPMENT 395,721 395,721 35 0603176BR ADVANCED CONCEPTS AND PERFORMANCE ASSESSMENT 6,505 6,505 36 0603176C ADVANCED CONCEPTS AND PERFORMANCE ASSESSMENT 16,737 16,737 37 0603180C ADVANCED RESEARCH 22,023 22,023 38 0603183D8Z JOINT HYPERSONIC TECHNOLOGY DEVELOPMENT &TRANSITION 52,156 52,156 39 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY DEVELOPMENT 18,898 18,898 40 0603286E ADVANCED AEROSPACE SYSTEMS 253,135 253,135 41 0603287E SPACE PROGRAMS AND TECHNOLOGY 81,888 81,888 42 0603288D8Z ANALYTIC ASSESSMENTS 24,052 24,052 43 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND CONCEPTS 53,890 53,890 46 0603338D8Z DEFENSE MODERNIZATION AND PROTOTYPING 141,561 146,561 Optical reconnaisance sensors [5,000] 47 0603342D8Z DEFENSE INNOVATION UNIT (DIU) 42,925 57,925 National Security Innovation Capital program increase [15,000] 48 0603375D8Z TECHNOLOGY INNOVATION 109,535 114,535 Emerging biotechnologies [5,000] 49 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—ADVANCED DEVELOPMENT 238,407 238,407 50 0603527D8Z RETRACT LARCH 79,493 79,493 51 0603618D8Z JOINT ELECTRONIC ADVANCED TECHNOLOGY 19,218 19,218 52 0603648D8Z JOINT CAPABILITY TECHNOLOGY DEMONSTRATIONS 114,100 194,100 LVC testbed application development [80,000] 53 0603662D8Z NETWORKED COMMUNICATIONS CAPABILITIES 3,168 3,168 54 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE AND TECHNOLOGY PROGRAM 256,142 299,142 Artificial intelligence for predictive maintenance [3,000] BioMADE [30,000] Internet of things and operational technology asset identification and management [5,000] Large scale advanced manufacturing [5,000] 55 0603680S MANUFACTURING TECHNOLOGY PROGRAM 46,166 46,166 56 0603712S GENERIC LOGISTICS R&D TECHNOLOGY DEMONSTRATIONS 13,663 13,663 57 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM 58,411 58,411 58 0603720S MICROELECTRONICS TECHNOLOGY DEVELOPMENT AND SUPPORT 139,833 139,833 59 0603727D8Z JOINT WARFIGHTING PROGRAM 2,411 2,411 60 0603739E ADVANCED ELECTRONICS TECHNOLOGIES 250,917 250,917 61 0603760E COMMAND, CONTROL AND COMMUNICATIONS SYSTEMS 305,050 315,050 DARPA LogX advanced supply chain mapping [10,000] 62 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY 678,562 838,562 Assault Breaker II [120,000] DARPA network-centric warfare technology [20,000] Non-kinetic/cyber modeling and simulation [20,000] 63 0603767E SENSOR TECHNOLOGY 314,502 314,502 64 0603769D8Z DISTRIBUTED LEARNING ADVANCED TECHNOLOGY DEVELOPMENT 201 201 65 0603781D8Z SOFTWARE ENGINEERING INSTITUTE 13,417 13,417 66 0603924D8Z HIGH ENERGY LASER ADVANCED TECHNOLOGY PROGRAM 111,149 111,149 67 0603941D8Z TEST & EVALUATION SCIENCE & TECHNOLOGY 315,090 315,090 68 0603950D8Z NATIONAL SECURITY INNOVATION NETWORK 22,028 22,028 69 0604055D8Z OPERATIONAL ENERGY CAPABILITY IMPROVEMENT 180,170 190,170 Program increase for tristructural-isotropic fuel [10,000] 72 1160402BB SOF ADVANCED TECHNOLOGY DEVELOPMENT 118,877 118,877 SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 4,638,401 4,966,401 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 74 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E ADC&P 41,507 41,507 75 0603600D8Z WALKOFF 133,795 133,795 76 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION PROGRAM 84,638 89,638 Sustainable Technology Evaluation and Demonstration program [5,000] 77 0603881C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT 190,216 190,216 78 0603882C BALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE SEGMENT 667,524 667,524 79 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—DEM/VAL 291,364 291,364 80 0603884C BALLISTIC MISSILE DEFENSE SENSORS 231,134 231,134 81 0603890C BMD ENABLING PROGRAMS 591,847 642,717 NORTHCOM UFR—Cruise Missile Defense-Homeland kill chain demonstration upgrades [50,870] 82 0603891C SPECIAL PROGRAMS—MDA 316,977 316,977 83 0603892C AEGIS BMD 600,072 600,072 84 0603896C BALLISTIC MISSILE DEFENSE COMMAND AND CONTROL, BATTLE MANAGEMENT AND COMMUNICATI 589,374 589,374 85 0603898C BALLISTIC MISSILE DEFENSE JOINT WARFIGHTER SUPPORT 50,269 50,269 86 0603904C MISSILE DEFENSE INTEGRATION & OPERATIONS CENTER (MDIOC) 49,367 49,367 87 0603906C REGARDING TRENCH 12,146 12,146 88 0603907C SEA BASED X-BAND RADAR (SBX) 164,668 164,668 89 0603913C ISRAELI COOPERATIVE PROGRAMS 300,000 300,000 90 0603914C BALLISTIC MISSILE DEFENSE TEST 367,824 367,824 91 0603915C BALLISTIC MISSILE DEFENSE TARGETS 559,513 559,513 92 0603923D8Z COALITION WARFARE 11,154 11,154 93 0604011D8Z NEXT GENERATION INFORMATION COMMUNICATIONS TECHNOLOGY (5G) 249,591 379,591 5G experimentation, transition, and ORAN activities [130,000] 94 0604016D8Z DEPARTMENT OF DEFENSE CORROSION PROGRAM 3,166 3,166 95 0604102C GUAM DEFENSE DEVELOPMENT 397,936 397,936 96 0604115C TECHNOLOGY MATURATION INITIATIVES 0 10,000 Diode-Pumped Alkali Laser (DPAL) development [5,000] Hypersonic targets [5,000] 97 0604124D8Z CHIEF DIGITAL AND ARTIFICIAL INTELLIGENCE OFFICER (CDAO)—MIP 33,950 33,950 99 0604181C HYPERSONIC DEFENSE 225,477 517,977 MDA UFR—Glide phase defense weapons systems [292,500] 100 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES 1,145,358 1,309,858 INDOPACOM UFR—Sea Urchin powered quickstrike mines [30,000] INDOPACOM UFR—SIGINT upgrades [9,500] SCO SAP Project A [125,000] 101 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS 647,226 647,226 102 0604331D8Z RAPID PROTOTYPING PROGRAM 179,189 229,189 Counter-C5ISRT activities [20,000] International cooperation for hypersonics [30,000] 103 0604341D8Z DEFENSE INNOVATION UNIT (DIU) PROTOTYPING 24,402 24,402 104 0604400D8Z DEPARTMENT OF DEFENSE (DOD) UNMANNED SYSTEM COMMON DEVELOPMENT 2,691 2,691 105 0604551BR CATAPULT 7,130 7,130 106 0604555D8Z OPERATIONAL ENERGY CAPABILITY IMPROVEMENT—NON S&T 45,779 45,779 108 0604682D8Z WARGAMING AND SUPPORT FOR STRATEGIC ANALYSIS (SSA) 3,229 3,229 109 0604826J JOINT C5 CAPABILITY DEVELOPMENT, INTEGRATION AND INTEROPERABILITY ASSESSMENTS 40,699 90,699 JADC2 experimentation [50,000] 110 0604873C LONG RANGE DISCRIMINATION RADAR (LRDR) 75,120 75,120 111 0604874C IMPROVED HOMELAND DEFENSE INTERCEPTORS 1,833,357 1,833,357 112 0604876C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT TEST 69,762 69,762 113 0604878C AEGIS BMD TEST 182,776 182,776 114 0604879C BALLISTIC MISSILE DEFENSE SENSOR TEST 88,326 88,326 115 0604880C LAND-BASED SM–3 (LBSM3) 27,678 27,678 116 0604887C BALLISTIC MISSILE DEFENSE MIDCOURSE SEGMENT TEST 84,075 84,075 117 0202057C SAFETY PROGRAM MANAGEMENT 2,417 2,417 118 0300206R ENTERPRISE INFORMATION TECHNOLOGY SYSTEMS 2,664 2,664 120 0305103C CYBER SECURITY INITIATIVE 1,165 1,165 123 1206895C BALLISTIC MISSILE DEFENSE SYSTEM SPACE PROGRAMS 129,957 129,957 276 0604795D8Z ACCELERATE PROCUREMENT AND FIELDING OF INNOVATIVE TECHNOLOGIES (APFIT) 0 100,000 Realignment of funds [100,000] SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 10,756,509 11,609,379 SYSTEM DEVELOPMENT & DEMONSTRATION 124 0604123D8Z CHIEF DIGITAL AND ARTIFICIAL INTELLIGENCE OFFICER (CDAO)—DEM/VAL ACTIVITIES 273,340 273,340 125 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E SDD 6,482 6,482 127 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—EMD 312,148 312,148 128 0604771D8Z JOINT TACTICAL INFORMATION DISTRIBUTION SYSTEM (JTIDS) 9,120 9,120 129 0605000BR COUNTER WEAPONS OF MASS DESTRUCTION SYSTEMS DEVELOPMENT 14,403 14,403 130 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT 1,244 1,244 131 0605021SE HOMELAND PERSONNEL SECURITY INITIATIVE 6,191 6,191 132 0605022D8Z DEFENSE EXPORTABILITY PROGRAM 10,145 10,145 133 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES 5,938 5,938 136 0605080S DEFENSE AGENCY INITIATIVES (DAI)—FINANCIAL SYSTEM 23,171 23,171 137 0605141BR MISSION ASSURANCE RISK MANAGEMENT SYSTEM (MARMS) 14,093 14,093 138 0605210D8Z DEFENSE-WIDE ELECTRONIC PROCUREMENT CAPABILITIES 6,949 6,949 139 0605294D8Z TRUSTED & ASSURED MICROELECTRONICS 302,963 302,963 140 0605772D8Z NUCLEAR COMMAND, CONTROL, & COMMUNICATIONS 3,758 3,758 141 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION MANAGEMENT (EEIM) 8,121 8,121 142 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT AND DEMONSTRATION 16,048 16,048 SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 1,014,114 1,014,114 MANAGEMENT SUPPORT 143 0603829J JOINT CAPABILITY EXPERIMENTATION 12,452 12,452 144 0604774D8Z DEFENSE READINESS REPORTING SYSTEM (DRRS) 8,902 8,902 145 0604875D8Z JOINT SYSTEMS ARCHITECTURE DEVELOPMENT 6,610 6,610 146 0604940D8Z CENTRAL TEST AND EVALUATION INVESTMENT DEVELOPMENT (CTEIP) 819,358 819,358 147 0604942D8Z ASSESSMENTS AND EVALUATIONS 4,607 4,607 148 0605001E MISSION SUPPORT 86,869 86,869 149 0605100D8Z JOINT MISSION ENVIRONMENT TEST CAPABILITY (JMETC) 126,079 126,079 150 0605126J JOINT INTEGRATED AIR AND MISSILE DEFENSE ORGANIZATION (JIAMDO) 53,278 53,278 152 0605142D8Z SYSTEMS ENGINEERING 39,009 29,009 Program reduction [–10,000] 153 0605151D8Z STUDIES AND ANALYSIS SUPPORT—OSD 5,716 5,716 154 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY 15,379 15,379 155 0605170D8Z SUPPORT TO NETWORKS AND INFORMATION INTEGRATION 9,449 9,449 156 0605200D8Z GENERAL SUPPORT TO OUSD(INTELLIGENCE AND SECURITY) 6,112 6,112 157 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 124,475 124,475 165 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH (SBIR)/ SMALL BUSINESS TECHNOLOGY TRANSFER 3,820 3,820 166 0605797D8Z MAINTAINING TECHNOLOGY ADVANTAGE 35,414 35,414 167 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS 56,114 66,114 Key technology area assessments and engineering efforts [10,000] 168 0605801KA DEFENSE TECHNICAL INFORMATION CENTER (DTIC) 63,184 63,184 169 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, TESTING AND EVALUATION 23,757 23,757 170 0605804D8Z DEVELOPMENT TEST AND EVALUATION 26,652 26,652 171 0605898E MANAGEMENT HQ—R&D 14,636 14,636 172 0605998KA MANAGEMENT HQ—DEFENSE TECHNICAL INFORMATION CENTER (DTIC) 3,518 3,518 173 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS 15,244 15,244 174 0606114D8Z ANALYSIS WORKING GROUP (AWG) SUPPORT 4,700 4,700 175 0606135D8Z CHIEF DIGITAL AND ARTIFICIAL INTELLIGENCE OFFICER (CDAO) ACTIVITIES 13,132 13,132 176 0606225D8Z ODNA TECHNOLOGY AND RESOURCE ANALYSIS 3,323 3,323 177 0606300D8Z DEFENSE SCIENCE BOARD 2,532 2,532 179 0606771D8Z CYBER RESILIENCY AND CYBERSECURITY POLICY 32,306 32,306 180 0606853BR MANAGEMENT, TECHNICAL & INTERNATIONAL SUPPORT 12,354 12,354 181 0203345D8Z DEFENSE OPERATIONS SECURITY INITIATIVE (DOSI) 3,034 3,034 182 0204571J JOINT STAFF ANALYTICAL SUPPORT 4,332 4,332 183 0208045K C4I INTEROPERABILITY 69,698 69,698 189 0305172K COMBINED ADVANCED APPLICATIONS 16,171 16,171 191 0305208K DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 3,072 3,072 192 0804768J COCOM EXERCISE ENGAGEMENT AND TRAINING TRANSFORMATION (CE2T2)—NON-MHA 37,852 37,852 193 0808709SE DEFENSE EQUAL OPPORTUNITY MANAGEMENT INSTITUTE (DEOMI) 716 716 194 0901598C MANAGEMENT HQ—MDA 25,259 25,259 195 0903235K JOINT SERVICE PROVIDER (JSP) 3,141 3,141 9999 9999999999 CLASSIFIED PROGRAMS 37,841 37,841 SUBTOTAL MANAGEMENT SUPPORT 1,830,097 1,830,097 OPERATIONAL SYSTEMS DEVELOPMENT 200 0607210D8Z INDUSTRIAL BASE ANALYSIS AND SUSTAINMENT SUPPORT 588,094 588,094 201 0607310D8Z CWMD SYSTEMS: OPERATIONAL SYSTEMS DEVELOPMENT 15,427 15,427 202 0607327T GLOBAL THEATER SECURITY COOPERATION MANAGEMENT INFORMATION SYSTEMS (G-TSCMIS) 8,317 8,317 203 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE (OPERATIONAL SYSTEMS DEVELOPMENT) 68,030 68,030 209 0302019K DEFENSE INFO INFRASTRUCTURE ENGINEERING AND INTEGRATION 19,145 19,145 210 0303126K LONG-HAUL COMMUNICATIONS—DCS 13,195 13,195 211 0303131K MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN) 5,746 5,746 212 0303136G KEY MANAGEMENT INFRASTRUCTURE (KMI) 92,018 92,018 213 0303140D8Z INFORMATION SYSTEMS SECURITY PROGRAM 43,135 63,135 NSA CAE Cybersecurity Workforce pilot program [20,000] 214 0303140G INFORMATION SYSTEMS SECURITY PROGRAM 593,831 593,831 215 0303140K INFORMATION SYSTEMS SECURITY PROGRAM 7,005 7,005 216 0303150K GLOBAL COMMAND AND CONTROL SYSTEM 10,020 10,020 217 0303153K DEFENSE SPECTRUM ORGANIZATION 19,708 19,708 221 0303430V FEDERAL INVESTIGATIVE SERVICES INFORMATION TECHNOLOGY 5,197 5,197 226 0305104D8Z DEFENSE INDUSTRIAL BASE (DIB) CYBER SECURITY INITIATIVE 10,000 10,000 229 0305128V SECURITY AND INVESTIGATIVE ACTIVITIES 450 450 230 0305133V INDUSTRIAL SECURITY ACTIVITIES 1,800 1,800 233 0305146V DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES 4,622 4,622 234 0305172D8Z COMBINED ADVANCED APPLICATIONS 49,380 49,380 237 0305186D8Z POLICY R&D PROGRAMS 6,214 6,214 238 0305199D8Z NET CENTRICITY 17,917 17,917 240 0305208BB DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 6,095 6,095 246 0305245D8Z INTELLIGENCE CAPABILITIES AND INNOVATION INVESTMENTS 4,575 4,575 247 0305251K CYBERSPACE OPERATIONS FORCES AND FORCE SUPPORT 2,497 2,497 248 0305327V INSIDER THREAT 9,403 9,403 249 0305387D8Z HOMELAND DEFENSE TECHNOLOGY TRANSFER PROGRAM 1,864 1,864 257 0708012K LOGISTICS SUPPORT ACTIVITIES 1,620 1,620 258 0708012S PACIFIC DISASTER CENTERS 1,875 1,875 259 0708047S DEFENSE PROPERTY ACCOUNTABILITY SYSTEM 3,264 3,264 261 1105219BB MQ–9 UAV 14,000 19,900 MQ–9 Unmanned Aerial Vehicle realignment of funds [5,900] 263 1160403BB AVIATION SYSTEMS 179,499 179,499 264 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT 75,136 75,136 265 1160408BB OPERATIONAL ENHANCEMENTS 142,900 151,510 SOCOM UFR—Switchblade shipboard safety cert [8,610] 266 1160431BB WARRIOR SYSTEMS 129,133 141,463 Maritime scalable effects [2,400] SOCOM UFR—Ground organic precision strike systems [9,930] 267 1160432BB SPECIAL PROGRAMS 518 518 268 1160434BB UNMANNED ISR 3,354 3,354 269 1160480BB SOF TACTICAL VEHICLES 13,594 13,594 270 1160483BB MARITIME SYSTEMS 82,645 118,045 Dry combat submersible next [30,000] Maritime Precision Engagment realignment of funds [5,400] 272 1160490BB OPERATIONAL ENHANCEMENTS INTELLIGENCE 7,583 7,583 273 1203610K TELEPORT PROGRAM 1,270 1,270 9999 9999999999 CLASSIFIED PROGRAMS 7,854,604 7,866,104 Indications and warning—DIA [10,000] INDOPACOM UFR—JWICS modernization [1,500] SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 10,114,680 10,208,420 SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 274 0608197V NATIONAL BACKGROUND INVESTIGATION SERVICES—SOFTWARE PILOT PROGRAM 132,524 132,524 275 0608648D8Z ACQUISITION VISIBILITY—SOFTWARE PILOT PROGRAM 17,123 17,123 276 0608775D8Z ACCELERATE THE PROCUREMENT AND FIELDING OF INNOVATIVE TECHNOLOGIES (APFIT) 100,000 0 Realignment of funds [–100,000] 277 0303150K GLOBAL COMMAND AND CONTROL SYSTEM 34,987 34,987 282 0308609V NATIONAL INDUSTRIAL SECURITY SYSTEMS (NISS)—SOFTWARE PILOT PROGRAM 14,749 14,749 9999 9999999999 CLASSIFIED PROGRAMS 265,028 265,028 SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 564,411 464,411 UNDISTRIBUTED 999 99999999 UNDISTRIBUTED 0 849,931 Inflation effects [849,931] SUBTOTAL UNDISTRIBUTED 0 849,931 TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, DW 32,077,552 34,351,393 OPERATIONAL TEST & EVAL, DEFENSE MANAGEMENT SUPPORT 1 0605118OTE OPERATIONAL TEST AND EVALUATION 119,529 129,529 DOT&E acquisition and employment of AI/autonomy technologies for red teaming [10,000] 2 0605131OTE LIVE FIRE TEST AND EVALUATION 99,947 99,947 3 0605814OTE OPERATIONAL TEST ACTIVITIES AND ANALYSES 57,718 57,718 SUBTOTAL MANAGEMENT SUPPORT 277,194 287,194 UNDISTRIBUTED 999 99999999 UNDISTRIBUTED 0 9,485 Inflation effects [9,485] SUBTOTAL UNDISTRIBUTED 0 9,485 TOTAL OPERATIONAL TEST & EVAL, DEFENSE 277,194 296,679 TOTAL RDT&E 130,097,410 137,749,422 XLIII OPERATION AND MAINTENANCE 4301. OPERATION AND MAINTENANCE SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars) Line Item FY 2023 Request Senate Authorized OPERATION & MAINTENANCE, ARMY OPERATING FORCES 010 MANEUVER UNITS 4,506,811 4,506,811 020 MODULAR SUPPORT BRIGADES 177,136 177,136 030 ECHELONS ABOVE BRIGADE 894,629 894,629 040 THEATER LEVEL ASSETS 2,570,949 2,575,949 Increase for Army Caisson platoon facility improvements [5,000] 050 LAND FORCES OPERATIONS SUPPORT 1,184,230 1,184,230 060 AVIATION ASSETS 2,220,817 2,220,817 070 FORCE READINESS OPERATIONS SUPPORT 7,366,299 7,510,498 Army UFR—Arctic OCIE for Alaska bases, Fort Drum, Fort Carson [65,050] Army UFR—female/small stature body armor [66,750] Army UFR—initial issue of Extended Cold Weather Clothing System Layer 1 and 2 [8,999] INDOPACOM UFR—SIGINT upgrades [3,400] 080 LAND FORCES SYSTEMS READINESS 483,683 483,683 090 LAND FORCES DEPOT MAINTENANCE 1,399,173 1,399,173 100 MEDICAL READINESS 897,522 897,522 110 BASE OPERATIONS SUPPORT 9,330,325 9,330,325 120 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 4,666,658 5,223,498 Increase for Army Caisson platoon facility improvements [17,900] Increase for FSRM to 100% [538,940] 130 MANAGEMENT AND OPERATIONAL HEADQUARTERS 284,483 284,483 140 ADDITIONAL ACTIVITIES 450,348 450,348 160 RESET 383,360 383,360 170 US AFRICA COMMAND 385,685 433,635 AFRICOM combatant command support [10,000] AFRICOM UFR—COMSATCOM [16,750] AFRICOM UFR—counter-UAS [8,500] AFRICOM UFR—force protection [8,100] AFRICOM UFR—intelligence, surveillance, and reconnaissance [4,600] 180 US EUROPEAN COMMAND 359,602 359,602 190 US SOUTHERN COMMAND 204,336 208,436 SOUTHCOM enhanced domain awareness [4,100] 200 US FORCES KOREA 67,756 67,756 210 CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS 495,066 495,066 220 CYBERSPACE ACTIVITIES—CYBERSECURITY 673,701 673,701 230 JOINT CYBER MISSION FORCES 178,033 178,033 SUBTOTAL OPERATING FORCES 39,180,602 39,938,691 MOBILIZATION 240 STRATEGIC MOBILITY 434,423 538,423 INDOPACOM UFR—Theater campaigning [104,000] 250 ARMY PREPOSITIONED STOCKS 378,494 378,494 260 INDUSTRIAL PREPAREDNESS 4,001 4,001 SUBTOTAL MOBILIZATION 816,918 920,918 TRAINING AND RECRUITING 270 OFFICER ACQUISITION 173,439 173,439 280 RECRUIT TRAINING 78,826 78,826 290 ONE STATION UNIT TRAINING 128,117 128,117 300 SENIOR RESERVE OFFICERS TRAINING CORPS 554,992 554,992 310 SPECIALIZED SKILL TRAINING 1,115,045 1,115,045 320 FLIGHT TRAINING 1,396,392 1,396,392 330 PROFESSIONAL DEVELOPMENT EDUCATION 221,960 221,960 340 TRAINING SUPPORT 717,318 717,318 350 RECRUITING AND ADVERTISING 691,053 691,053 360 EXAMINING 192,832 192,832 370 OFF-DUTY AND VOLUNTARY EDUCATION 235,340 235,340 380 CIVILIAN EDUCATION AND TRAINING 251,378 251,378 390 JUNIOR RESERVE OFFICER TRAINING CORPS 196,088 196,088 SUBTOTAL TRAINING AND RECRUITING 5,952,780 5,952,780 ADMIN & SRVWIDE ACTIVITIES 410 SERVICEWIDE TRANSPORTATION 662,083 662,083 420 CENTRAL SUPPLY ACTIVITIES 822,018 822,018 430 LOGISTIC SUPPORT ACTIVITIES 806,861 806,861 440 AMMUNITION MANAGEMENT 483,187 483,187 450 ADMINISTRATION 486,154 486,154 460 SERVICEWIDE COMMUNICATIONS 1,871,173 1,871,173 470 MANPOWER MANAGEMENT 344,668 344,668 480 OTHER PERSONNEL SUPPORT 811,999 811,999 490 OTHER SERVICE SUPPORT 2,267,280 2,267,280 500 ARMY CLAIMS ACTIVITIES 191,912 191,912 510 REAL ESTATE MANAGEMENT 288,942 288,942 520 FINANCIAL MANAGEMENT AND AUDIT READINESS 410,983 410,983 530 DEF ACQUISITION WORKFORCE DEVELOPMENT ACCOUNT 38,714 38,714 540 INTERNATIONAL MILITARY HEADQUARTERS 532,377 532,377 550 MISC. SUPPORT OF OTHER NATIONS 35,709 35,709 9999 CLASSIFIED PROGRAMS 2,113,196 2,358,096 AFRICOM UFR—intelligence, surveillance, and reconnaissance [214,800] SOUTHCOM UFR—high altitude balloon [10,200] SOUTHCOM UFR—intelligence, surveillance, and reconnaissance [19,900] SUBTOTAL ADMIN & SRVWIDE ACTIVITIES 12,167,256 12,412,156 UNDISTRIBUTED 998 UNDISTRIBUTED 0 966,592 Foreign currency fluctuations [–208,000] Inflation effects [1,198,692] Unobligated balances [–24,100] SUBTOTAL UNDISTRIBUTED 0 966,592 TOTAL OPERATION & MAINTENANCE, ARMY 58,117,556 60,191,137 OPERATION & MAINTENANCE, ARMY RES OPERATING FORCES 010 MODULAR SUPPORT BRIGADES 14,404 14,404 020 ECHELONS ABOVE BRIGADE 662,104 662,104 030 THEATER LEVEL ASSETS 133,599 133,599 040 LAND FORCES OPERATIONS SUPPORT 646,693 646,693 050 AVIATION ASSETS 128,883 128,883 060 FORCE READINESS OPERATIONS SUPPORT 409,994 409,994 070 LAND FORCES SYSTEMS READINESS 90,595 90,595 080 LAND FORCES DEPOT MAINTENANCE 44,453 44,453 090 BASE OPERATIONS SUPPORT 567,170 567,170 100 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 358,772 405,192 Increase for FSRM to 100% [46,420] 110 MANAGEMENT AND OPERATIONAL HEADQUARTERS 22,112 22,112 120 CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS 2,929 2,929 130 CYBERSPACE ACTIVITIES—CYBERSECURITY 7,382 7,382 SUBTOTAL OPERATING FORCES 3,089,090 3,135,510 ADMIN & SRVWD ACTIVITIES 140 SERVICEWIDE TRANSPORTATION 18,994 18,994 150 ADMINISTRATION 20,670 20,670 160 SERVICEWIDE COMMUNICATIONS 31,652 31,652 170 MANPOWER MANAGEMENT 6,852 6,852 180 RECRUITING AND ADVERTISING 61,246 61,246 SUBTOTAL ADMIN & SRVWD ACTIVITIES 139,414 139,414 UNDISTRIBUTED 998 UNDISTRIBUTED 0 51,338 Foreign currency fluctuations [–10,900] Inflation effects [62,738] Unobligated balances [–500] SUBTOTAL UNDISTRIBUTED 0 51,338 TOTAL OPERATION & MAINTENANCE, ARMY RES 3,228,504 3,326,262 OPERATION & MAINTENANCE, ARNG OPERATING FORCES 010 MANEUVER UNITS 964,237 964,237 020 MODULAR SUPPORT BRIGADES 214,191 214,191 030 ECHELONS ABOVE BRIGADE 820,752 820,752 040 THEATER LEVEL ASSETS 97,184 97,184 050 LAND FORCES OPERATIONS SUPPORT 54,595 54,595 060 AVIATION ASSETS 1,169,826 1,169,826 070 FORCE READINESS OPERATIONS SUPPORT 722,788 722,788 080 LAND FORCES SYSTEMS READINESS 46,580 46,580 090 LAND FORCES DEPOT MAINTENANCE 259,765 259,765 100 BASE OPERATIONS SUPPORT 1,151,215 1,151,215 110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 1,053,996 1,184,385 Increase for FSRM to 100% [130,389] 120 MANAGEMENT AND OPERATIONAL HEADQUARTERS 1,148,286 1,148,286 130 CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS 8,715 8,715 140 CYBERSPACE ACTIVITIES—CYBERSECURITY 8,307 8,307 SUBTOTAL OPERATING FORCES 7,720,437 7,850,826 ADMIN & SRVWD ACTIVITIES 150 SERVICEWIDE TRANSPORTATION 6,961 6,961 160 ADMINISTRATION 73,641 73,641 170 SERVICEWIDE COMMUNICATIONS 100,389 100,389 180 MANPOWER MANAGEMENT 9,231 9,231 190 OTHER PERSONNEL SUPPORT 243,491 243,491 200 REAL ESTATE MANAGEMENT 3,087 3,087 SUBTOTAL ADMIN & SRVWD ACTIVITIES 436,800 436,800 UNDISTRIBUTED 998 UNDISTRIBUTED 0 108,898 Foreign currency fluctuations [–29,000] Inflation effects [157,698] Unobligated balances [–19,800] SUBTOTAL UNDISTRIBUTED 0 108,898 TOTAL OPERATION & MAINTENANCE, ARNG 8,157,237 8,396,524 COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) 010 IRAQ 358,015 358,015 020 SYRIA 183,677 183,677 030 UNDISTRIBUTED 0 15,413 Inflation effects [15,413] SUBTOTAL COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) 541,692 557,105 TOTAL COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) 541,692 557,105 OPERATION & MAINTENANCE, NAVY OPERATING FORCES 010 MISSION AND OTHER FLIGHT OPERATIONS 7,334,452 7,334,452 020 FLEET AIR TRAINING 2,793,739 2,793,739 030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES 65,248 65,248 040 AIR OPERATIONS AND SAFETY SUPPORT 214,767 214,767 050 AIR SYSTEMS SUPPORT 1,075,365 1,075,365 060 AIRCRAFT DEPOT MAINTENANCE 1,751,737 1,751,737 070 AIRCRAFT DEPOT OPERATIONS SUPPORT 70,319 70,319 080 AVIATION LOGISTICS 1,679,193 1,679,193 090 MISSION AND OTHER SHIP OPERATIONS 6,454,952 6,822,752 LSD–42, LSD–44, LSD–46, LSD–48, CG–69, T-ESD–1, T-ESD–2, LCS–11, –13, –15, –17, –19 restoral [153,000] Navy UFR—ship maintenance in support of INDOPACOM training and exercises [175,000] Navy UFR—USNS Arctic (T-AOE–8) Gas Turbine Main Engines Replacement [39,800] 100 SHIP OPERATIONS SUPPORT & TRAINING 1,183,237 1,183,237 110 SHIP DEPOT MAINTENANCE 10,038,261 10,343,061 LSD–42, LSD–44, LSD–46, LSD–48, CG–69, T-ESD–1, T-ESD–2, LCS–11, –13, –15, –17, –19 restoral [115,800] Navy UFR—ship depot maintenance [189,000] 120 SHIP DEPOT OPERATIONS SUPPORT 2,422,095 2,868,495 LSD–42, LSD–44, LSD–46, LSD–48, CG–69, T-ESD–1, T-ESD–2, LCS–11, –13, –15, –17, –19 restoral [446,400] 130 COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE 1,632,824 1,633,324 INDOPACOM UFR—SIGINT upgrades [500] 140 SPACE SYSTEMS AND SURVEILLANCE 339,103 339,103 150 WARFARE TACTICS 881,999 881,999 160 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY 444,150 444,150 170 COMBAT SUPPORT FORCES 2,274,710 2,381,310 INDOPACOM UFR—Theater campaigning [100,000] Marine mammal system continuation [6,600] 180 EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT 194,346 194,346 190 CYBER MISSION FORCES 101,049 101,049 200 COMBATANT COMMANDERS CORE OPERATIONS 65,893 76,193 INDOPACOM UFR—Asia Pacific Regional Initiative [10,300] 210 COMBATANT COMMANDERS DIRECT MISSION SUPPORT 282,742 400,554 INDOPACOM UFR—Critical manpower positions [412] INDOPACOM UFR—Fusion centers [3,300] INDOPACOM UFR—JEMSO [5,400] INDOPACOM UFR—Mission partner environment [5,300] INDOPACOM UFR—Pacific Movement Coordination Center [2,400] INDOPACOM UFR—PMTEC [19,000] INDOPACOM UFR—Stormbreaker [22,000] INDOPACOM UFR—Theater campaigning [50,000] JADC2 JFHQ [10,000] 230 CYBERSPACE ACTIVITIES 477,540 505,540 Energy Resilience Readiness Exercises [2,000] MOSAICS [26,000] 240 FLEET BALLISTIC MISSILE 1,664,076 1,664,076 250 WEAPONS MAINTENANCE 1,495,783 1,518,983 Mk68 [200] Navy UFR—SM–6 expansion of combat usable asset inventory [23,000] 260 OTHER WEAPON SYSTEMS SUPPORT 649,371 649,371 270 ENTERPRISE INFORMATION 1,647,834 1,647,834 280 SUSTAINMENT, RESTORATION AND MODERNIZATION 3,549,311 3,984,311 Increase for FSRM to 100% [435,000] 290 BASE OPERATING SUPPORT 5,503,088 5,503,088 SUBTOTAL OPERATING FORCES 56,287,184 58,127,596 MOBILIZATION 300 SHIP PREPOSITIONING AND SURGE 467,648 563,348 Navy UFR—Maritime Prepositioning Force (MPF) Maintenance Requirements [95,700] 310 READY RESERVE FORCE 683,932 683,932 320 SHIP ACTIVATIONS/INACTIVATIONS 364,096 364,096 330 EXPEDITIONARY HEALTH SERVICES SYSTEMS 133,780 133,780 340 COAST GUARD SUPPORT 21,196 21,196 SUBTOTAL MOBILIZATION 1,670,652 1,766,352 TRAINING AND RECRUITING 350 OFFICER ACQUISITION 190,578 190,578 360 RECRUIT TRAINING 14,679 14,679 370 RESERVE OFFICERS TRAINING CORPS 170,845 170,845 380 SPECIALIZED SKILL TRAINING 1,133,889 1,133,889 390 PROFESSIONAL DEVELOPMENT EDUCATION 334,844 334,844 400 TRAINING SUPPORT 356,670 356,670 410 RECRUITING AND ADVERTISING 204,498 229,798 Navy UFR—Recruiting Command marketing and advertising [25,300] 420 OFF-DUTY AND VOLUNTARY EDUCATION 89,971 89,971 430 CIVILIAN EDUCATION AND TRAINING 69,798 69,798 440 JUNIOR ROTC 55,194 55,194 SUBTOTAL TRAINING AND RECRUITING 2,620,966 2,646,266 ADMIN & SRVWD ACTIVITIES 450 ADMINISTRATION 1,349,966 1,349,966 460 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT 227,772 227,772 470 MILITARY MANPOWER AND PERSONNEL MANAGEMENT 667,627 667,627 480 MEDICAL ACTIVITIES 284,962 284,962 490 DEF ACQUISITION WORKFORCE DEVELOPMENT ACCOUNT 62,824 62,824 500 SERVICEWIDE TRANSPORTATION 207,501 207,501 520 PLANNING, ENGINEERING, AND PROGRAM SUPPORT 554,265 554,565 INDOPACOM UFR—planning and design [300] 530 ACQUISITION, LOGISTICS, AND OVERSIGHT 798,473 798,473 540 INVESTIGATIVE AND SECURITY SERVICES 791,059 791,059 9999 CLASSIFIED PROGRAMS 628,700 628,700 SUBTOTAL ADMIN & SRVWD ACTIVITIES 5,573,149 5,573,449 UNDISTRIBUTED 998 UNDISTRIBUTED 0 1,096,824 Foreign currency fluctuations [–263,300] Inflation effects [1,431,524] Unobligated balances [–71,400] SUBTOTAL UNDISTRIBUTED 0 1,096,824 TOTAL OPERATION & MAINTENANCE, NAVY 66,151,951 69,210,487 OPERATION & MAINTENANCE, MARINE CORPS OPERATING FORCES 010 OPERATIONAL FORCES 1,740,491 1,818,491 INDOPACOM UFR—Theater campaigning [78,000] 020 FIELD LOGISTICS 1,699,425 1,699,425 030 DEPOT MAINTENANCE 221,886 221,886 040 MARITIME PREPOSITIONING 139,518 139,518 050 CYBER MISSION FORCES 94,199 94,199 060 CYBERSPACE ACTIVITIES 194,904 194,904 070 SUSTAINMENT, RESTORATION & MODERNIZATION 1,292,219 1,851,265 Increase for FSRM to 100% [559,046] 080 BASE OPERATING SUPPORT 2,699,487 2,700,487 Energy Resilience Readiness Exercises [1,000] SUBTOTAL OPERATING FORCES 8,082,129 8,720,175 TRAINING AND RECRUITING 090 RECRUIT TRAINING 23,217 23,217 100 OFFICER ACQUISITION 1,268 1,268 110 SPECIALIZED SKILL TRAINING 118,638 118,638 120 PROFESSIONAL DEVELOPMENT EDUCATION 64,626 64,626 130 TRAINING SUPPORT 523,603 523,603 140 RECRUITING AND ADVERTISING 225,759 225,759 150 OFF-DUTY AND VOLUNTARY EDUCATION 51,882 51,882 160 JUNIOR ROTC 27,660 27,660 SUBTOTAL TRAINING AND RECRUITING 1,036,653 1,036,653 ADMIN & SRVWD ACTIVITIES 170 SERVICEWIDE TRANSPORTATION 78,542 78,542 180 ADMINISTRATION 401,030 401,030 9999 CLASSIFIED PROGRAMS 62,590 62,590 SUBTOTAL ADMIN & SRVWD ACTIVITIES 542,162 542,162 UNDISTRIBUTED 998 UNDISTRIBUTED 0 168,819 Foreign currency fluctuations [–33,800] Inflation effects [222,019] Unobligated balances [–19,400] SUBTOTAL UNDISTRIBUTED 0 168,819 TOTAL OPERATION & MAINTENANCE, MARINE CORPS 9,660,944 10,467,809 OPERATION & MAINTENANCE, NAVY RES OPERATING FORCES 010 MISSION AND OTHER FLIGHT OPERATIONS 669,533 669,533 020 INTERMEDIATE MAINTENANCE 11,134 11,134 030 AIRCRAFT DEPOT MAINTENANCE 164,892 164,892 040 AIRCRAFT DEPOT OPERATIONS SUPPORT 494 494 050 AVIATION LOGISTICS 25,843 25,843 060 COMBAT COMMUNICATIONS 20,135 20,135 070 COMBAT SUPPORT FORCES 131,104 131,104 080 CYBERSPACE ACTIVITIES 289 289 090 ENTERPRISE INFORMATION 27,189 27,189 100 SUSTAINMENT, RESTORATION AND MODERNIZATION 44,784 69,784 Increase for FSRM to 100% [25,000] 110 BASE OPERATING SUPPORT 116,374 116,374 SUBTOTAL OPERATING FORCES 1,211,771 1,236,771 ADMIN & SRVWD ACTIVITIES 120 ADMINISTRATION 1,986 1,986 130 MILITARY MANPOWER AND PERSONNEL MANAGEMENT 12,550 12,550 140 ACQUISITION AND PROGRAM MANAGEMENT 1,993 1,993 SUBTOTAL ADMIN & SRVWD ACTIVITIES 16,529 16,529 UNDISTRIBUTED 998 UNDISTRIBUTED 0 22,392 Foreign currency fluctuations [–3,900] Inflation effects [29,192] Unobligated balances [–2,900] SUBTOTAL UNDISTRIBUTED 0 22,392 TOTAL OPERATION & MAINTENANCE, NAVY RES 1,228,300 1,275,692 OPERATION & MAINTENANCE, MC RESERVE OPERATING FORCES 010 OPERATING FORCES 109,045 109,045 020 DEPOT MAINTENANCE 19,361 19,361 030 SUSTAINMENT, RESTORATION AND MODERNIZATION 45,430 49,811 Increase for FSRM to 100% [4,381] 040 BASE OPERATING SUPPORT 118,364 118,364 SUBTOTAL OPERATING FORCES 292,200 296,581 ADMIN & SRVWD ACTIVITIES 050 ADMINISTRATION 12,033 12,033 SUBTOTAL ADMIN & SRVWD ACTIVITIES 12,033 12,033 UNDISTRIBUTED 998 UNDISTRIBUTED 0 1,595 Foreign currency fluctuations [–3,900] Inflation effects [7,995] Unobligated balances [–2,500] SUBTOTAL UNDISTRIBUTED 0 1,595 TOTAL OPERATION & MAINTENANCE, MC RESERVE 304,233 310,209 OPERATION & MAINTENANCE, AIR FORCE OPERATING FORCES 010 PRIMARY COMBAT FORCES 936,731 996,731 Realignment of funds [60,000] 020 COMBAT ENHANCEMENT FORCES 2,657,865 2,597,865 Realignment of funds [–60,000] 030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS) 1,467,518 1,467,518 040 DEPOT PURCHASE EQUIPMENT MAINTENANCE 4,341,794 4,612,994 Air Force UFR—Weapon system sustainment [271,200] 050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 4,091,088 4,641,488 Increase for FSRM to 100% [550,400] 060 CYBERSPACE SUSTAINMENT 130,754 213,054 Air Force UFR—Weapon system sustainment [82,300] 070 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT 8,782,940 8,931,340 Air Force UFR—Weapon system sustainment [148,400] 080 FLYING HOUR PROGRAM 5,871,718 6,260,718 Air Force UFR—readiness spare packages [389,000] 090 BASE SUPPORT 10,638,741 10,638,741 100 GLOBAL C3I AND EARLY WARNING 1,035,043 1,042,174 Worldwide Joint Strategic Communications realignment of funds [7,131] 110 OTHER COMBAT OPS SPT PROGRAMS 1,436,329 1,436,329 120 CYBERSPACE ACTIVITIES 716,931 716,931 140 LAUNCH FACILITIES 690 690 160 US NORTHCOM/NORAD 197,210 227,010 U.S. Northern Command Information Dominance Enabling Capability [29,800] 170 US STRATCOM 503,419 503,419 180 US CYBERCOM 436,807 595,407 CYBERCOM UFR—Cyber mission force operational support [136,900] CYBERCOM UFR—Joint cyberspace warfighting architecture [11,400] Hunt Forward operations [15,300] Realignment of funds [–5,000] 190 US CENTCOM 331,162 321,162 Office of Security Cooperation—Iraq reduction [–10,000] 200 US SOCOM 27,318 27,318 220 CENTCOM CYBERSPACE SUSTAINMENT 1,367 1,367 230 USSPACECOM 329,543 403,543 SPACECOM UFR—CSOF fit-out [28,600] SPACECOM UFR—National Space Defense Center interim facility [8,500] SPACECOM UFR—Service shortfalls in support of JTF-SD [36,900] 240 JOINT CYBER MISSION FORCE PROGRAMS 186,759 191,759 Realignment of funds [5,000] 9999 CLASSIFIED PROGRAMS 1,705,801 1,705,801 SUBTOTAL OPERATING FORCES 45,827,528 47,533,359 MOBILIZATION 250 AIRLIFT OPERATIONS 2,780,616 2,780,616 260 MOBILIZATION PREPAREDNESS 721,172 721,172 SUBTOTAL MOBILIZATION 3,501,788 3,501,788 TRAINING AND RECRUITING 270 OFFICER ACQUISITION 189,721 189,721 280 RECRUIT TRAINING 26,684 26,684 290 RESERVE OFFICERS TRAINING CORPS (ROTC) 135,515 135,515 300 SPECIALIZED SKILL TRAINING 541,511 541,511 310 FLIGHT TRAINING 779,625 779,625 320 PROFESSIONAL DEVELOPMENT EDUCATION 313,556 313,556 330 TRAINING SUPPORT 171,087 171,087 340 RECRUITING AND ADVERTISING 197,956 197,956 350 EXAMINING 8,282 8,282 360 OFF-DUTY AND VOLUNTARY EDUCATION 254,907 254,907 370 CIVILIAN EDUCATION AND TRAINING 355,375 355,375 380 JUNIOR ROTC 69,964 69,964 SUBTOTAL TRAINING AND RECRUITING 3,044,183 3,044,183 ADMIN & SRVWD ACTIVITIES 390 LOGISTICS OPERATIONS 1,058,129 1,091,862 Realignment of funds [33,733] 400 TECHNICAL SUPPORT ACTIVITIES 139,428 139,428 410 ADMINISTRATION 1,283,066 1,249,333 Realignment of funds [–33,733] 420 SERVICEWIDE COMMUNICATIONS 33,222 33,222 430 OTHER SERVICEWIDE ACTIVITIES 1,790,985 1,790,985 440 CIVIL AIR PATROL 30,526 30,526 460 DEF ACQUISITION WORKFORCE DEVELOPMENT ACCOUNT 42,558 42,558 480 INTERNATIONAL SUPPORT 102,065 102,065 9999 CLASSIFIED PROGRAMS 1,427,764 1,427,764 SUBTOTAL ADMIN & SRVWD ACTIVITIES 5,907,743 5,907,743 UNDISTRIBUTED 998 UNDISTRIBUTED 0 843,829 Foreign currency fluctuations [–208,500] Inflation effects [1,254,129] Unobligated balances [–201,800] SUBTOTAL UNDISTRIBUTED 0 843,829 TOTAL OPERATION & MAINTENANCE, AIR FORCE 58,281,242 60,830,902 OPERATION & MAINTENANCE, SPACE FORCE OPERATING FORCES 010 GLOBAL C3I & EARLY WARNING 472,484 472,484 020 SPACE LAUNCH OPERATIONS 187,832 187,832 030 SPACE OPERATIONS 695,228 695,228 040 EDUCATION & TRAINING 153,135 153,135 060 DEPOT MAINTENANCE 285,863 306,263 Space Force UFR—Weapons systems sustainment [20,400] 070 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 235,253 317,453 Increase for FSRM to 100% [38,400] NORTHCOM UFR—Cheyenne Mountain Complex [43,800] 080 CONTRACTOR LOGISTICS AND SYSTEM SUPPORT 1,358,565 1,450,365 Space Force UFR—Weapons systems sustainment [91,800] 090 SPACE OPERATIONS -BOS 144,937 150,437 NORTHCOM UFR—Cheyenne Mountain Complex [5,500] 9999 CLASSIFIED PROGRAMS 272,941 272,941 SUBTOTAL OPERATING FORCES 3,806,238 4,006,138 ADMINISTRATION AND SERVICE WIDE ACTIVITIES 100 ADMINISTRATION 228,420 228,420 SUBTOTAL ADMINISTRATION AND SERVICE WIDE ACTIVITIES 228,420 228,420 UNDISTRIBUTED 998 UNDISTRIBUTED 0 66,020 Foreign currency fluctuations [–14,100] Inflation effects [112,020] Unobligated balances [–31,900] SUBTOTAL UNDISTRIBUTED 0 66,020 TOTAL OPERATION & MAINTENANCE, SPACE FORCE 4,034,658 4,300,578 OPERATION & MAINTENANCE, AF RESERVE OPERATING FORCES 010 PRIMARY COMBAT FORCES 1,743,908 1,759,608 Air Force UFR—readiness spare packages [15,700] 020 MISSION SUPPORT OPERATIONS 193,568 193,568 030 DEPOT PURCHASE EQUIPMENT MAINTENANCE 493,664 507,764 Air Force UFR—Weapon system sustainment [14,100] 040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 133,782 151,282 Increase for FSRM to 100% [17,500] 050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT 341,724 341,724 060 BASE SUPPORT 522,195 522,195 070 CYBERSPACE ACTIVITIES 1,706 1,706 SUBTOTAL OPERATING FORCES 3,430,547 3,477,847 ADMINISTRATION AND SERVICEWIDE ACTIVITIES 080 ADMINISTRATION 102,038 102,038 090 RECRUITING AND ADVERTISING 9,057 9,057 100 MILITARY MANPOWER AND PERS MGMT (ARPC) 14,896 14,896 110 OTHER PERS SUPPORT (DISABILITY COMP) 7,544 7,544 120 AUDIOVISUAL 462 462 SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES 133,997 133,997 UNDISTRIBUTED 998 UNDISTRIBUTED 0 25,565 Foreign currency fluctuations [–12,500] Inflation effects [65,065] Unobligated balances [–27,000] SUBTOTAL UNDISTRIBUTED 0 25,565 TOTAL OPERATION & MAINTENANCE, AF RESERVE 3,564,544 3,637,409 OPERATION & MAINTENANCE, ANG OPERATING FORCES 010 AIRCRAFT OPERATIONS 2,301,784 2,412,584 Air Force UFR—readiness spare packages [110,800] 020 MISSION SUPPORT OPERATIONS 587,793 587,793 030 DEPOT PURCHASE EQUIPMENT MAINTENANCE 1,193,699 1,256,499 Air Force UFR—Weapon system sustainment [62,800] 040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 437,042 493,142 Increase for FSRM to 100% [56,100] 050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT 1,284,264 1,284,264 060 BASE SUPPORT 967,169 967,169 070 CYBERSPACE SUSTAINMENT 12,661 12,661 080 CYBERSPACE ACTIVITIES 15,886 15,886 SUBTOTAL OPERATING FORCES 6,800,298 7,029,998 ADMINISTRATION AND SERVICE-WIDE ACTIVITIES 090 ADMINISTRATION 52,075 52,075 100 RECRUITING AND ADVERTISING 48,306 48,306 SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES 100,381 100,381 UNDISTRIBUTED 998 UNDISTRIBUTED 0 107,863 Foreign currency fluctuations [–24,300] Inflation effects [149,563] Unobligated balances [–17,400] SUBTOTAL UNDISTRIBUTED 0 107,863 TOTAL OPERATION & MAINTENANCE, ANG 6,900,679 7,238,242 OPERATION AND MAINTENANCE, DEFENSE-WIDE OPERATING FORCES 010 JOINT CHIEFS OF STAFF 445,366 445,566 Civilian Harm Mitigation and Response Action Plan Implementation [10,000] Unobligated balances [–9,800] 020 JOINT CHIEFS OF STAFF—CYBER 9,887 9,887 030 JOINT CHIEFS OF STAFF—JTEEP 679,336 679,336 040 OFFICE OF THE SECRETARY OF DEFENSE—MISO 246,259 273,759 INDOPACOM UFR—Information operations [27,500] 050 SPECIAL OPERATIONS COMMAND COMBAT DEVELOPMENT ACTIVITIES 2,056,291 2,056,291 060 SPECIAL OPERATIONS COMMAND CYBERSPACE ACTIVITIES 39,178 39,178 070 SPECIAL OPERATIONS COMMAND INTELLIGENCE 1,513,025 1,513,025 080 SPECIAL OPERATIONS COMMAND MAINTENANCE 1,207,842 1,232,242 Combatant Craft Medium refurbishment [4,300] MQ–9 Unmanned Aerial Vehicle realignment of funds [–5,900] SOCOM UFR—ADVANA expansion [8,000] SOCOM UFR—Data stewardship program [18,000] 090 SPECIAL OPERATIONS COMMAND MANAGEMENT/OPERATIONAL HEADQUARTERS 196,271 196,271 100 SPECIAL OPERATIONS COMMAND OPERATIONAL SUPPORT 1,299,309 1,299,309 110 SPECIAL OPERATIONS COMMAND THEATER FORCES 3,314,770 3,319,770 Special Operations support to irregular warfare [5,000] SUBTOTAL OPERATING FORCES 11,007,534 11,064,634 TRAINING AND RECRUITING 120 DEFENSE ACQUISITION UNIVERSITY 176,454 176,454 130 JOINT CHIEFS OF STAFF 101,492 101,492 140 SPECIAL OPERATIONS COMMAND/PROFESSIONAL DEVELOPMENT EDUCATION 35,279 35,279 SUBTOTAL TRAINING AND RECRUITING 313,225 313,225 ADMIN & SRVWIDE ACTIVITIES 150 CIVIL MILITARY PROGRAMS 139,656 154,656 STARBASE [15,000] 170 DEFENSE CONTRACT AUDIT AGENCY 646,072 643,472 Unobligated balances [–2,600] 180 DEFENSE CONTRACT AUDIT AGENCY—CYBER 4,107 4,107 190 DEFENSE CONTRACT MANAGEMENT AGENCY 1,506,300 1,490,800 Unobligated balances [–15,500] 200 DEFENSE CONTRACT MANAGEMENT AGENCY—CYBER 29,127 29,127 210 DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY 983,133 1,001,533 Increase for beneficial ownership assessment program [18,400] 230 DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY—CYBER 10,245 10,245 240 DEFENSE HUMAN RESOURCES ACTIVITY 935,241 935,241 250 DEFENSE HUMAN RESOURCES ACTIVITY—CYBER 26,113 26,113 260 DEFENSE INFORMATION SYSTEMS AGENCY 2,266,729 2,233,529 Unobligated balances [–33,200] 270 DEFENSE INFORMATION SYSTEMS AGENCY—CYBER 643,643 643,643 300 DEFENSE LEGAL SERVICES AGENCY 233,687 233,687 310 DEFENSE LOGISTICS AGENCY 429,060 422,560 Unobligated balances [–6,500] 320 DEFENSE MEDIA ACTIVITY 243,631 243,631 330 DEFENSE PERSONNEL ACCOUNTING AGENCY 150,021 150,021 340 DEFENSE SECURITY COOPERATION AGENCY 2,445,669 2,357,959 Civilian harm mitigation institutional capacity building [1,000] INDOPACOM UFR—security cooperation [35,790] International Security Cooperation—AFRICOM [20,000] International Security Cooperation—NORTHCOM [6,000] International Security Cooperation—SOUTHCOM [20,000] Regional Defense Combating Terrorism and Irregular Warfare Fellowship Program [5,000] SOUTHCOM UFR—Regional Andean Ridge capability for Maritime Domain Awareness [33,000] SOUTHCOM UFR—Regional CENTAM capability to counter transboundary threats [91,500] Transfer to Ukraine Security Assistance Initiative [–300,000] 350 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION 40,063 40,063 360 DEFENSE THREAT REDUCTION AGENCY 941,763 941,763 380 DEFENSE THREAT REDUCTION AGENCY—CYBER 56,052 56,052 390 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY 3,276,276 3,361,276 Impact Aid [50,000] Impact Aid—base closures, force structure changes, force relocations [15,000] Impact Aid—severe disabilities [20,000] 400 MISSILE DEFENSE AGENCY 541,787 541,787 430 OFFICE OF THE LOCAL DEFENSE COMMUNITY COOPERATION 108,697 108,697 440 OFFICE OF THE SECRETARY OF DEFENSE 2,239,072 2,349,372 Anomalous Health Incidents [10,000] Bien Hoa dioxin cleanup [15,000] CDC nationwide human health assessment [20,000] Civilian Harm Mitigation and Response Action Plan Implementation [10,000] Defense Environmental International Cooperation Program [7,000] Demonstration of component content management systems [2,000] Readiness and Environmental Protection Integration [5,300] Secretary of Defense Strategic Competition Initiative [20,000] Special Education Inclusion Coordinators pilot program [20,000] U.S. Telcommunications Training Institute support [1,000] 450 OFFICE OF THE SECRETARY OF DEFENSE—CYBER 55,255 55,255 470 WASHINGTON HEADQUARTERS SERVICES 369,943 369,943 9999 CLASSIFIED PROGRAMS 18,764,415 18,787,015 CYBERCOM UFR—Intel support to cyberspace operations [12,100] INDOPACOM UFR—JWICS modernization [10,500] SUBTOTAL ADMIN & SRVWIDE ACTIVITIES 37,085,757 37,191,547 TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE 48,406,516 50,107,628 UNDISTRIBUTED OPERATION & MAINTENANCE, DEFENSE-WIDE 998 UNDISTRIBUTED 0 738,222 Increase for FY22 Legislative Commissions [17,650] Inflation effects [765,972] Program reduction—USSOCOM [–45,400] SUBTOTAL UNDISTRIBUTED 0 738,222 MISCELLANEOUS APPROPRIATIONS US COURT OF APPEALS FOR THE ARMED FORCES, DEF 010 US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE 16,003 16,003 020 UNDISTRIBUTED 0 184 Inflation effects [184] SUBTOTAL US COURT OF APPEALS FOR THE ARMED FORCES, DEF 16,003 16,187 TOTAL MISCELLANEOUS APPROPRIATIONS 16,003 16,187 MISCELLANEOUS APPROPRIATIONS OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID 010 OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID 112,800 137,800 Program increase [25,000] SUBTOTAL OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID 112,800 137,800 TOTAL MISCELLANEOUS APPROPRIATIONS 112,800 137,800 MISCELLANEOUS APPROPRIATIONS COOPERATIVE THREAT REDUCTION ACCOUNT 010 COOPERATIVE THREAT REDUCTION 341,598 341,598 010 UNDISTRIBUTED 0 12,796 Inflation effects [12,796] SUBTOTAL COOPERATIVE THREAT REDUCTION ACCOUNT 341,598 354,394 TOTAL MISCELLANEOUS APPROPRIATIONS 341,598 354,394 MISCELLANEOUS APPROPRIATIONS ACQUISITION WORKFORCE DEVELOPMENT 010 ACQ WORKFORCE DEV FD 53,791 53,791 SUBTOTAL ACQUISITION WORKFORCE DEVELOPMENT 53,791 53,791 TOTAL MISCELLANEOUS APPROPRIATIONS 53,791 53,791 MISCELLANEOUS APPROPRIATIONS ENVIRONMENTAL RESTORATION, ARMY 050 ENVIRONMENTAL RESTORATION, ARMY 196,244 196,244 050 UNDISTRIBUTED 0 5,584 Inflation effects [5,584] SUBTOTAL ENVIRONMENTAL RESTORATION, ARMY 196,244 201,828 TOTAL MISCELLANEOUS APPROPRIATIONS 196,244 201,828 MISCELLANEOUS APPROPRIATIONS ENVIRONMENTAL RESTORATION, NAVY 060 ENVIRONMENTAL RESTORATION, NAVY 359,348 359,348 060 UNDISTRIBUTED 0 10,225 Inflation effects [10,225] SUBTOTAL ENVIRONMENTAL RESTORATION, NAVY 359,348 369,573 TOTAL MISCELLANEOUS APPROPRIATIONS 359,348 369,573 MISCELLANEOUS APPROPRIATIONS ENVIRONMENTAL RESTORATION, AIR FORCE 070 ENVIRONMENTAL RESTORATION, AIR FORCE 314,474 314,474 070 UNDISTRIBUTED 0 8,949 Inflation effects [8,949] SUBTOTAL ENVIRONMENTAL RESTORATION, AIR FORCE 314,474 323,423 TOTAL MISCELLANEOUS APPROPRIATIONS 314,474 323,423 MISCELLANEOUS APPROPRIATIONS ENVIRONMENTAL RESTORATION, DEFENSE 080 ENVIRONMENTAL RESTORATION, DEFENSE 8,924 8,924 080 UNDISTRIBUTED 0 254 Inflation effects [254] SUBTOTAL ENVIRONMENTAL RESTORATION, DEFENSE 8,924 9,178 TOTAL MISCELLANEOUS APPROPRIATIONS 8,924 9,178 MISCELLANEOUS APPROPRIATIONS ENVIRONMENTAL RESTORATION FORMERLY USED SITES 090 ENVIRONMENTAL RESTORATION FORMERLY USED SITES 227,262 227,262 090 UNDISTRIBUTED 0 6,466 Inflation effects [6,466] SUBTOTAL ENVIRONMENTAL RESTORATION FORMERLY USED SITES 227,262 233,728 TOTAL MISCELLANEOUS APPROPRIATIONS 227,262 233,728 UKRAINE SECURITY ASSISTANCE INITIATIVE 010 UKRAINE SECURITY ASSISTANCE INITIATIVE 0 800,000 Program increase [500,000] Transfer from Defense Security Cooperation Agency [300,000] SUBTOTAL UKRAINE SECURITY ASSISTANCE INITIATIVE 0 800,000 TOTAL OPERATION & MAINTENANCE, DEFENSE-WIDE 0 1,701,112 RED HILL RECOVERY FUND RED HILL RECOVERY FUND 010 RED HILL RECOVERY FUND 1,000,000 1,000,000 SUBTOTAL RED HILL RECOVERY FUND 1,000,000 1,000,000 TOTAL RED HILL RECOVERY FUND 1,000,000 1,000,000 SUPPORT FOR INTERNATIONAL SPORTING COMPETITIONS, DEFENSE OPERATIONS SUPPORT 100 SUPPORT OF INTERNATIONAL SPORTING COMPETITIONS, DEFENSE 10,377 10,673 Inflation effects [296] SUBTOTAL OPERATIONS SUPPORT 10,377 10,673 TOTAL SUPPORT FOR INTERNATIONAL SPORTING COMPETITIONS, DEFENSE 10,377 10,673 TOTAL OPERATION & MAINTENANCE 271,218,877 284,261,671 XLIV MILITARY PERSONNEL 4401. MILITARY PERSONNEL SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars) Item FY 2023 Request Senate Authorized MILITARY PERSONNEL MILITARY PERSONNEL APPROPRIATIONS MILITARY PERSONNEL APPROPRIATIONS 164,139,628 170,015,728 Additional special incentive pays 100,000 Air Force end strength—E–10 Sentry AWACS and medical billets 234,000 Home leave demonstration program 10,000 LSD–42, CG–69, T-ESD–1, T-ESD–2 and LCS–11, –13, –15, –17, –19 restoral 116,500 LSD–44, LSD–46, LSD–48 restoral 58,900 Navy end strength—improve fleet manning 924,000 Undistributed—compensation inflation effects 5,000,000 Unobligated balances [–567,300] SUBTOTAL MILITARY PERSONNEL APPROPRIATIONS 164,139,628 170,015,728 MEDICARE-ELIGIBLE RETIREE HEALTH CARE FUND CONTRIBUTIONS MEDICARE-ELIGIBLE RETIREE HEALTH CARE FUND CONTRIBUTIONS 9,743,704 9,743,704 SUBTOTAL MEDICARE-ELIGIBLE RETIREE HEALTH CARE FUND CONTRIBUTIONS 9,743,704 9,743,704 TOTAL MILITARY PERSONNEL 173,883,332 179,759,432 XLV OTHER AUTHORIZATIONS 4501. OTHER AUTHORIZATIONS SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars) Line Item FY 2023 Request Senate Authorized WORKING CAPITAL FUND WORKING CAPITAL FUND, ARMY 1 INDUSTRIAL OPERATIONS 28,448 28,448 2 SUPPLY MANAGEMENT—ARMY 1,489 1,489 SUBTOTAL WORKING CAPITAL FUND, ARMY 29,937 29,937 WORKING CAPITAL FUND, AIR FORCE 2 SUPPLIES AND MATERIALS 80,448 80,448 SUBTOTAL WORKING CAPITAL FUND, AIR FORCE 80,448 80,448 NATIONAL DEFENSE STOCKPILE TRANSACTION FUND 1 ACQUISITION, UPGRADE, AND RELOCATION 253,500 1,003,500 Program increase [750,000] SUBTOTAL NATIONAL DEFENSE STOCKPILE TRANSACTION FUND 253,500 1,003,500 WORKING CAPITAL FUND, DEFENSE-WIDE 1 DEFENSE AUTOMATION & PRODUCTION SERVICES 2 2 3 ENERGY MANAGEMENT—DEF 8,300 8,300 SUBTOTAL WORKING CAPITAL FUND, DEFENSE-WIDE 8,302 8,302 WORKING CAPITAL FUND, DECA 2 WORKING CAPITAL FUND, DECA 1,211,208 1,225,333 Inflation effects [14,125] SUBTOTAL WORKING CAPITAL FUND, DECA 1,211,208 1,225,333 TOTAL WORKING CAPITAL FUND 1,583,395 2,347,520 CHEM AGENTS & MUNITIONS DESTRUCTION OPERATION & MAINTENANCE 1 CHEM DEMILITARIZATION—O&M 84,612 84,612 SUBTOTAL OPERATION & MAINTENANCE 84,612 84,612 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 2 CHEM DEMILITARIZATION—RDT&E 975,206 975,206 SUBTOTAL RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 975,206 975,206 PROCUREMENT 3 UNDISTRIBUTED 0 28,929 Inflation effects [28,929] SUBTOTAL PROCUREMENT 0 28,929 TOTAL CHEM AGENTS & MUNITIONS DESTRUCTION 1,059,818 1,088,747 DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF DRUG INTRDCTN 1 COUNTER-NARCOTICS SUPPORT 619,474 635,716 Counter-narcotics support NORTHCOM [8,000] INDOPACOM UFR—JIATF-W [8,242] SUBTOTAL DRUG INTRDCTN 619,474 635,716 DRUG DEMAND REDUCTION PROGRAM 2 DRUG DEMAND REDUCTION PROGRAM 130,060 130,060 SUBTOTAL DRUG DEMAND REDUCTION PROGRAM 130,060 130,060 NATIONAL GUARD COUNTER-DRUG PROGRAM 3 NATIONAL GUARD COUNTER-DRUG PROGRAM 100,316 100,316 SUBTOTAL NATIONAL GUARD COUNTER-DRUG PROGRAM 100,316 100,316 NATIONAL GUARD COUNTER-DRUG SCHOOLS 4 NATIONAL GUARD COUNTER-DRUG SCHOOLS 5,878 5,878 SUBTOTAL NATIONAL GUARD COUNTER-DRUG SCHOOLS 5,878 5,878 5 UNDISTRIBUTED 0 18,898 Inflation effects [18,898] SUBTOTAL DRUG INTRDCTN 0 18,898 TOTAL DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF 855,728 890,868 OFFICE OF THE INSPECTOR GENERAL OFFICE OF THE INSPECTOR GENERAL 1 OPERATION AND MAINTENANCE 474,650 474,650 2 OPERATION AND MAINTENANCE 1,321 1,321 3 RDT&E 1,864 1,864 4 PROCUREMENT 1,524 1,524 5 UNDISTRIBUTED 0 4,932 Inflation effects [4,932] SUBTOTAL OFFICE OF THE INSPECTOR GENERAL 475,971 475,971 SUBTOTAL OFFICE OF THE INSPECTOR GENERAL 1,864 1,864 SUBTOTAL OFFICE OF THE INSPECTOR GENERAL 1,524 1,524 SUBTOTAL OFFICE OF THE INSPECTOR GENERAL 0 4,932 TOTAL OFFICE OF THE INSPECTOR GENERAL 479,359 484,291 DEFENSE HEALTH PROGRAM OPERATION & MAINTENANCE 1 IN-HOUSE CARE 9,906,943 9,926,943 Anomalous Health Incidents [20,000] 2 PRIVATE SECTOR CARE 18,455,209 18,455,209 3 CONSOLIDATED HEALTH SUPPORT 1,916,366 1,916,366 4 INFORMATION MANAGEMENT 2,251,151 2,251,151 5 MANAGEMENT ACTIVITIES 338,678 338,678 6 EDUCATION AND TRAINING 334,845 334,845 7 BASE OPERATIONS/COMMUNICATIONS 2,111,558 2,126,558 National Disaster Medical System pilot program [15,000] SUBTOTAL OPERATION & MAINTENANCE 35,314,750 35,349,750 RDT&E 10 R&D ADVANCED DEVELOPMENT 320,862 320,862 11 R&D DEMONSTRATION/VALIDATION 166,960 166,960 12 R&D ENGINEERING DEVELOPMENT 103,970 103,970 12 R&D MANAGEMENT AND SUPPORT 85,186 85,186 14 R&D CAPABILITIES ENHANCEMENT 17,971 17,971 8 R&D RESEARCH 39,568 39,568 9 R&D EXPLORATRY DEVELOPMENT 175,477 175,477 SUBTOTAL RDT&E 909,994 909,994 PROCUREMENT 15 PROC INITIAL OUTFITTING 21,625 21,625 16 PROC REPLACEMENT & MODERNIZATION 234,157 234,157 17 PROC JOINT OPERATIONAL MEDICINE INFORMATION SYSTEM 1,467 1,467 18 PROC MILITARY HEALTH SYSTEM—DESKTOP TO DATACENTER 72,601 72,601 19 PROC DOD HEALTHCARE MANAGEMENT SYSTEM MODERNIZATION 240,224 240,224 SUBTOTAL PROCUREMENT 570,074 570,074 SOFTWARE & DIGITAL TECHNOLOGY PILOT PROGRAMS 20 SOFTWARE & DIGITAL TECHNOLOGY PILOT PROGRAMS 137,356 137,356 SUBTOTAL SOFTWARE & DIGITAL TECHNOLOGY PILOT PROGRAMS 137,356 137,356 TOTAL DEFENSE HEALTH PROGRAM 36,932,174 36,967,174 TOTAL OTHER AUTHORIZATIONS 40,910,474 41,778,600 XLVI MILITARY CONSTRUCTION 4601. MILITARY CONSTRUCTION SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars) Account State/Country and Installation Project Title FY 2023 Request Senate Authorized ARMY Alabama Army Redstone Arsenal Physics Lab 0 44,000 Army Redstone Arsenal Storage Consolidation 0 52,000 Alaska Army Fort Wainwright Physical Fitness Facility 0 50,000 Arizona Army Yuma Proving Ground Cost to Complete: Ready Building 0 6,500 Bulgaria Army Novo Selo Training Area Cost to Complete: EDI- Ammunition Holding Area 0 3,640 Colorado Army Fort Carson Fire Station 14,200 14,200 Florida Army Camp Bull Simons Child Development Center (P&D) 0 4,750 Georgia Army Fort Gillem Cost to Complete: Forensic Laboratory 0 24,700 Germany Army East Camp Grafenwoehr EDI: Battalion Trng Cplx1 (Brks/Veh Maint) 104,000 14,000 Army East Camp Grafenwoehr EDI: Battalion Trng Cplx2 (Ops/Veh Maint) 64,000 64,000 Hawaii Army Fort Shafter Water System Upgrade 0 33,000 Army Schofield Barracks Company Operations Facilities 0 111,000 Japan Army Kadena Air Force Base Vehicle Maintenance Shop 0 99,000 Kentucky Army Fort Campbell Cost to Complete: Vehicle Maintenance Shop 0 13,650 Kwajalein Army Kwajalein Atoll Medical Clinic 69,000 69,000 Louisiana Army Fort Polk Child Development Center 32,000 32,000 Army Fort Polk Cost to Complete: Child Development Center 0 9,000 Army Fort Polk Cost to Complete: Information System Facility 0 35,360 Army Fort Polk Cost to Complete: Joint Operations Center 0 61,000 Maryland Army Fort Meade Cost to Complete: Cantonment Area Roads 0 17,550 Mississippi Army Engineer Research and Development Center Lab and Test Building 0 20,000 New York Army Fort Drum Physical Fitness Testing Facility (P&D) 0 5,300 Army United States Military Academy Engineering Center 39,800 39,800 North Carolina Army Fort Bragg Fort Bragg Schools Modernization (P&D) 0 7,500 Army Fort Bragg Multipurpose Training Range 34,000 34,000 Oklahoma Army Fort Sill Cost to Complete: Advance Individual Training Complex, Phase 2 0 85,800 Army McAlester Army Ammunition Plant Cost to Complete: Ammunition Demolition Shop 0 39,000 Pennsylvania Army Letterkenny Army Depot Shipping and Receiving Building 38,000 38,000 Texas Army Corpus Christi Army Depot Powertrain Facility (Engine Assembly) 103,000 55,000 Army Fort Bliss Fire Station 15,000 15,000 Washington Army Joint Base Lewis-McChord Barracks 49,000 49,000 Worldwide Unspecified Army Unspecified Worldwide Locations Unaccompanied Barracks Planning and Design 0 15,930 Army Unspecified Worldwide Locations Host Nation Support 26,000 26,000 Army Unspecified Worldwide Locations Planning & Design 167,151 167,151 Army Unspecified Worldwide Locations Unspecified Minor Military Construction 90,414 90,414 Army Unspecified Worldwide Locations Cost to Complete: FY22 Inflation Effects 0 227,570 Army Unspecified Worldwide Locations Cost to Complete: FY23 Inflation Effects 0 111,300 Army Unspecified Worldwide Locations Inflation & Market Adjustment Fund 0 142,116 Subtotal Military Construction, Army 845,565 1,927,231 NAVY Australia Navy Royal Australian Air Force Base Darwin PDI: Aircraft Parking Apron (INC) 72,446 72,446 California Navy Marine Corps Air Ground Combat Center Twentynine Palms Range Simulation Training & Operations Fac. 120,382 10,382 Navy Marine Corps Base Camp Pendleton Basilone Road Realignment 85,210 85,210 Navy Marine Corps Base Camp Pendleton Child Development Center 0 32,100 Navy Marine Corps Recruit Depot San Diego Recruit Barracks 0 83,200 Navy Naval Air Station Lemoore F–35C Aircraft Maint. Hangar & Airfield Pave 201,261 41,261 Navy Naval Base Point Loma Annex Child Development Center 56,450 56,450 Navy Naval Base San Diego Floating Dry Dock Mooring Facility 0 9,000 Navy Naval Base San Diego Pier 6 Replacement (INC) 15,565 15,565 Navy Naval Surface Warfare Center Corona Division Data Science Analytics and Innovation (P&D) 0 2,845 Navy Naval Surface Warfare Center Corona Division Performance Assessment Communications Laboratory 0 15,000 Connecticut Navy Naval Submarine Base New London Relocate Underwater Electromagnetic Measure 15,514 15,514 Djibouti Navy Camp Lemonnier Electrical Power Plant 0 12,000 Florida Navy Naval Air Station Jacksonville Engine Test Cells Modifications 86,232 86,232 Navy Naval Air Station Whiting Field AHTS Aircraft Flight Simulator Facility 57,789 57,789 Navy Naval Air Station Whiting Field Advanced Helicopter Training System Hangar 0 141,500 Navy Naval Surface Warfare Center Carderock Division SFOMF Storage Laboratory 0 2,073 Georgia Navy Naval Submarine Base Kings Bay Nuclear Regional Maintenance Facility 213,796 13,796 Navy Naval Submarine Base Kings Bay Trident Training Fac. Columbia Trainer Expan 65,375 65,375 Guam Navy Marine Corps Base Camp Blaz PDI: 9th Eng Supp Battalion Equip & Main Fac 131,590 41,590 Navy Marine Corps Base Camp Blaz PDI: 9th Engineer Support Battalion Ops. Fac 35,188 35,188 Navy Marine Corps Base Camp Blaz PDI: Brown Tree Snake Exclusion Barrier South 14,497 14,497 Navy Marine Corps Base Camp Blaz PDI: Ground Combat Element Inf Btn 1 & 2 Fac 149,314 69,314 Hawaii Navy Joint Base Pearl Harbor-Hickam Dry Dock 3 Replacement (INC) 621,185 421,185 Navy Joint Base Pearl Harbor-Hickam Missile Magazines 0 10,000 Navy Joint Base Pearl Harbor-Hickam Waterfront Production Facility (P&D) 0 40,000 Navy Marine Corps Base Kaneohe Bay Bachelor Enlisted Quarters 0 57,900 Idaho Navy Naval Surface Warfare Center Carderock Division ARD Range Craft Berthing Facility (P&D) 0 707 Japan Navy Kadena Air Base PDI: Marine Corps Bachelor Enlisted Quarters 94,100 14,100 Navy Kadena Air Base PDI: Marine Corps Barracks Complex 101,300 31,300 Maine Navy Portsmouth Naval Shipyard Multi-Mission Drydock #1 Extension (INC) 503,282 503,282 Maryland Navy Naval Surface Warfare Center Carderock Division Ship Systems Integration and Design Facility (P&D) 0 2,651 Navy Naval Surface Warfare Center Indian Head Division Combustion Laboratory 0 6,000 Navy Naval Surface Warfare Center Indian Head Division Contained Burn Facility (P&D) 0 5,651 Navy Naval Surface Warfare Center Indian Head Division EOD Explosive Testing Range 2 Expansion at SN, Building 2107 0 2,039 Nevada Navy Naval Air Station Fallon F–35C Aircraft Maintenance Hangar 97,865 30,865 Navy Naval Air Station Fallon Fallon Range Training Complex Land Acquisition Phase 2 0 48,300 North Carolina Navy Marine Corps Air Station Cherry Point Aircraft Maintenance Hangar (INC) 106,000 11,000 Navy Marine Corps Air Station Cherry Point CH–53K Gearbox Repair and Test Facility 38,415 38,415 Navy Marine Corps Air Station Cherry Point F–35 Flightline Util Modernization Ph 2 (INC) 58,000 58,000 Navy Marine Corps Air Station New River Three Module Type II Hangar 0 21,000 Navy Marine Corps Base Camp Lejeune Regional Communications Station, Hadnot Point 47,475 47,475 Pennsylvania Navy Naval Surface Warfare Center Philadelphia Division Machinery Control Developmental Center 0 86,610 South Carolina Navy Marine Corps Recruit Depot Parris Island Recruit Barracks 0 37,600 Navy Marine Corps Recruit Depot Parris Island Recruit Barracks 0 38,300 Spain Navy Naval Station Rota EDI: Missile Magazines 0 76,300 Virginia Navy Naval Surface Warfare Center Dahlgren Division Upgrade Electrical Substation 1 0 2,503 Navy Naval Surface Warfare Center Dahlgren Division Weapons Integration and Test Campus (P&D) 0 1,237 Navy Naval Station Norfolk Submarine Logistics Support Facilities 16,863 16,863 Navy Naval Station Norfolk Submarine Pier 3 (INC) 155,000 125,000 Navy Portsmouth Naval Shipyard Dry Dock Saltwater System for CVN–78 (INC) 47,718 47,718 Washington Navy Naval Air Station Whidbey Island E/A–18G Aircraft Flt. Read. Squad. Train. Fac 37,461 37,461 Navy Naval Air Station Whidbey Island P–8A Aircraft Airfield Pavements Improvements 0 68,100 Worldwide Unspecified Navy Unspecified Worldwide Locations Planning & Design (Navy) 0 63,400 Navy Unspecified Worldwide Locations Planning & Design (SIOP) 0 75,000 Navy Unspecified Worldwide Locations Planning & Design (USMC) 0 37,800 Navy Unspecified Worldwide Locations Planning & Design (INDOPACOM) 0 31,170 Navy Unspecified Worldwide Locations MCON Planning and Funds 397,124 397,124 Navy Unspecified Worldwide Locations Unspecified Minor Military Construction 109,994 109,994 Navy Unspecified Worldwide Locations Cost to Complete: FY22 Inflation Effects 0 456,210 Navy Unspecified Worldwide Locations Cost to Complete: FY22 Inflation Effects (P&D) 0 28,550 Navy Unspecified Worldwide Locations Cost to Complete: FY23 Inflation Effects (P&D) 0 16,680 Navy Unspecified Worldwide Locations Cost to Complete: FY23 Inflation Effects (UMMC) 0 9,900 Navy Unspecified Worldwide Locations Cost to Complete: FY23 Inflation Effects 0 172,690 Navy Unspecified Worldwide Locations Inflation & Market Adjustment Fund 0 225,537 Subtotal Military Construction, Navy 3,752,391 4,489,944 AIR FORCE Alabama Air Force Maxwell Air Force Base Commercial Vehicle Inspection Gate 0 15,000 Alaska Air Force Clear Air Force Station LRDR Dormitory 68,000 68,000 Air Force Joint Base Elmendorf-Richardson Extend Runway 16/34 (INC) 100,000 100,000 Air Force Joint Base Elmendorf-Richardson PFAS: Contaminated Soil Removal 0 5,200 Arizona Air Force Luke Air Force Base Child Development Center (P&D) 0 4,750 Air Force Davis-Monthan Air Force Base Combat Rescue Helicopter Simulator 0 7,500 California Air Force Air Force Test Center—Edwards Air Force Base Munitions Igloo—East (P&D) 0 650 Air Force Travis Air Force Base KC–46A ADAL B179, Simulator Facility 0 7,500 Air Force Vandenberg Air Force Base GBSD Consolidated Maintenance Facility 89,000 89,000 Florida Air Force Tyndall Air Force Base Cost to Complete—Natural Disaster Recovery 0 66,000 Air Force Air Force Research Laboratory—Eglin Air Force Base Shock and Applied Impact Laboratory (SAIL) (P&D) 0 530 Hawaii Air Force Air Force Research Laboratory—Maui Experimental Site #1 Secure Integration Support Lab w/ Land Acquisition 0 89,000 Hungary Air Force Pápa Air Base EDI: DABS-FEV Storage 71,000 71,000 Iceland Air Force Naval Air Station Keflavik EDI: DABS-FEV Storage 94,000 30,000 Illinois Air Force Scott Air Force Base Child Development Center 0 19,893 Italy Air Force Aviano Air Base Combat Rescue Helicopter Simulator Facility 15,500 15,500 Air Force Aviano Air Base EDI: RADR Storage Facility 31,000 31,000 Japan Air Force Kadena Air Base Helicopter Rescue Ops Maintenance Hangar (INC) 71,000 71,000 Air Force Kadena Air Base PDI: Theater A/C Corrosion Control Ctr (INC) 77,000 77,000 Air Force Yokota Air Base Cost to Complete: PDI: C–130J Corrosion Control Hangar 0 10,000 Jordan Air Force Muwaffaq Salti Air Base Bulk Petroleum/Oil/Lubricants Storage 32,000 32,000 Air Force Muwaffaq Salti Air Base Fuel Cell and Phase Maintenance Hangars 18,000 18,000 Louisiana Air Force Barksdale Air Force Base Weapons Generation Facility (INC) 125,000 125,000 Mariana Islands Air Force Tinian PDI: Airfield Development Phase 1 (INC) 58,000 58,000 Air Force Tinian PDI: Fuel Tanks w/Pipeline & Hydrant Sys, INC 92,000 92,000 Air Force Tinian PDI: Parking Apron (INC) 41,000 41,000 Maryland Air Force Joint Base Andrews Cost to Complete: PAR Relocate Haz Cargo Pad and EOD Range 0 28,200 Massachusetts Air Force Hanscom Air Force Base MIT-Lincoln Lab (West Lab CSL/MIF), INC 30,200 30,200 Nebraska Air Force Offutt Air Force Base Cost to Complete—Natural Disaster Recovery 0 235,000 New Mexico Air Force Holloman Air Force Base High Speed Test Track (P&D) 0 15,000 New York Air Force Air Force Research Laboratory—Rome Research Site HF Antennas, Newport and Stockbridge Test Annexes 0 4,200 Norway Air Force Rygge Air Station EDI: Base Perimeter Security Fence 8,200 8,200 Ohio Air Force Wright Patterson Air Force Base Child Development Center/School Age Center 0 29,000 Oklahoma Air Force Tinker Air Force Base E–7 Operations Center (P&D) 0 15,000 Air Force Tinker Air Force Base Facility and Land Acquisition (MROTC) 30,000 30,000 Air Force Tinker Air Force Base KC–46A 1–Bay Depot Corrosion Control Hangar 0 40,000 Air Force Tinker Air Force Base KC–46A 2–Bay Program Depot Maintenance Hangar 0 90,000 Air Force Tinker Air Force Base KC–46A 3–Bay Depot Maintenance Hangar (INC) 49,000 49,000 Air Force Tinker Air Force Base KC–46A Fuel POL Infrastructure 13,600 13,600 South Carolina Air Force Shaw Air Force Base RAPCON Facility 10,000 10,000 South Dakota Air Force Ellsworth Air Force Base B–21 2–Bay LO Restoration Facility (INC) 91,000 31,000 Air Force Ellsworth Air Force Base B–21 Radio Frequency Facility 77,000 77,000 Air Force Ellsworth Air Force Base B–21 Weapons Generation Facility (INC) 50,000 50,000 Spain Air Force Morón Air Base EDI: RADR Storage Facility 29,000 29,000 Tennessee Air Force Arnold Air Force Base ARC Heater Test Facility Dragon Fire 38,000 38,000 Texas Air Force Joint Base San Antonio-Lackland Cost to Complete: BMT Recruit Dormitory 8 0 5,400 Air Force Joint Base San Antonio-Randolph Child Development Center 0 29,000 Air Force Joint Base San Antonio BMT Recruit Dormitory 7 (INC) 90,000 0 United Kingdom Air Force Royal Air Force Lakenheath Cost to Complete: F–35 PGM Facility 0 3,100 Air Force Royal Air Force Molesworth Cost to Complete: Joint Intelligence Analysis Complex Consolidation, PH3 0 13,000 Air Force Royal Air Force Molesworth Joint Intelligence Analysis Complex 0 421,000 Utah Air Force Hill Air Force Base GBSD Organic Software Sustain Ctr (INC) 95,000 95,000 Air Force Hill Air Force Base GBSD Technology and Collaboration Center 84,000 84,000 Washington Air Force Fairchild Air Force Base ADAL KC–135 Flight Simulator 0 8,000 Air Force Fairchild Air Force Base Cost to Complete: Consolidate TFI Base Operations 0 7,300 Worldwide Unspecified Air Force Unspecified Worldwide Locations Planning & Design 135,794 135,794 Air Force Various Worldwide Locations Unspecified Minor Military Construction 66,162 66,162 Wyoming Air Force F.E. Warren Air Force Base Cost to Complete: Weapons Storage Facility 0 26,000 Air Force F.E. Warren Air Force Base Military Working Dog Kennel 0 10,000 Air Force F.E. Warren Air Force Base GBSD Integrated Command Center Wing A 95,000 60,800 Air Force F.E. Warren Air Force Base GBSD Land Acquisition 34,000 34,000 Air Force F.E. Warren Air Force Base GBSD Missile Handling Complex Wing A 47,000 47,000 Worldwide Unspecified Air Force Unspecified Worldwide Locations Cost to Complete: FY22 Inflation Effects 0 237,700 Air Force Unspecified Worldwide Locations Cost to Complete: FY23 Inflation Effects 0 323,400 Air Force Unspecified Worldwide Locations Inflation & Market Adjustment Fund 0 174,840 Subtotal Military Construction, Air Force 2,055,456 3,748,419 DEFENSE-WIDE Alabama Defense-Wide Redstone Arsenal MSIC Advanced Analysis Facility Phase 2 (INC) 0 15,000 Defense-Wide Redstone Arsenal (Missile and Space Intelligence Center) Backup Power Generation 0 10,700 California Defense-Wide Naval Base Coronado SOF Operations Support Facility 75,712 75,712 Defense-Wide Marine Corps Mountain Warfare Training Center Bridgeport Microgrid and Backup Power 0 25,560 Defense-Wide Naval Base Ventura County, Point Mugu Ground Mounted Solar Photovoltaic System 0 13,360 Djibouti Defense-Wide Camp Lemonnier Enhanced Energy Security and Control Systems 0 24,000 Florida Defense-Wide Hurlburt Field SOF Human Performance Training Center 9,100 9,100 Defense-Wide Naval Air Station Jacksonville Facility Energy Operations Center Renovation 0 2,400 Defense-Wide Patrick Space Force Base Underground Electric Distribution System 0 8,400 Defense-Wide Patrick Space Force Base Water Distribution Loop 0 7,300 Georgia Defense-Wide Fort Stewart-Hunter Army Airfield Power Generation and Microgrid 0 25,400 Defense-Wide Naval Submarine Base Kings Bay SCADA Modernization 0 11,200 Germany Defense-Wide Baumholder Baumholder Elementary School 71,000 71,000 Defense-Wide Baumholder SOF Battalion Annex 22,468 22,468 Defense-Wide Baumholder SOF Communications Annex 9,885 9,885 Defense-Wide Baumholder SOF Operations Annex 23,768 23,768 Defense-Wide Baumholder SOF Support Annex 21,902 21,902 Defense-Wide Rhine Ordnance Barracks Medical Center Replacement (INC 10) 299,790 24,790 Defense-Wide Wiesbaden Clay Kaserne Elementary School 60,000 60,000 Guam Defense-Wide Naval Base Guam Electrical Distribution System 0 34,360 Hawaii Defense-Wide Joint Base Pearl Harbor-Hickam Primary Electrical Distribution 0 25,000 Japan Defense-Wide Fleet Activities Yokosuka Kinnick High School (INC) 20,000 20,000 Defense-Wide Iwakuni PDI: Bulk Storage Tanks PH 1 85,000 85,000 Defense-Wide Kadena Air Base Lighting Upgrades 0 780 Defense-Wide Yokota Air Base PDI: Bulk Storage Tanks PH I (INC) 44,000 44,000 Defense-Wide Yokota Air Base PDI: Operations and Warehouse Facilities 72,154 72,154 Kansas Defense-Wide Fort Riley Power Generation and Microgrid 0 25,780 Kuwait Defense-Wide Camp Arifjan Power Generation and Microgrid 0 26,850 Maryland Defense-Wide Bethesda Naval Hospital MEDCEN Addition / Alteration (INC 6) 75,500 75,500 Defense-Wide Fort Meade NSAW Mission Ops and Records Center (INC) 140,000 80,000 Defense-Wide Fort Meade NSAW Recap Building 4 (INC) 378,000 318,000 Defense-Wide Fort Meade Reclaimed Water Infrastructure Expansion 0 23,310 North Carolina Defense-Wide Fort Bragg SOF Operations Building 18,870 18,870 Defense-Wide Fort Bragg SOF Supply Support Activity 15,600 15,600 Texas Defense-Wide Fort Hood Power Generation and Microgrid 0 31,500 Defense-Wide Joint Base San Antonio Ambulatory Care Center Replacement (Dental) 58,600 58,600 Defense-Wide U.S. Army Reserve Center, Conroe Power Generation and Microgrid 0 9,600 Virginia Defense-Wide Dam Neck SOF Operations Building Addition 26,600 26,600 Defense-Wide Naval Support Activity Hampton Roads Backup Power Generation 0 3,400 Defense-Wide Naval Support Activity Hampton Roads Primary Distribution Substation 0 19,000 Defense-Wide NCE Springfield, Ft Belvoir Chilled Water Redundancy 0 1,100 Defense-Wide Pentagon Commercial Vehicle Inspection Facility 18,000 18,000 Worldwide Unspecified Defense-Wide Unspecified Worldwide Locations Energy Resilience and Conserv. Invest. Prog. 329,000 0 Defense-Wide Unspecified Worldwide Locations Unspecified Minor Military Construction (Defense-Wide) 3,000 3,000 Defense-Wide Unspecified Worldwide Locations Unspecified Minor Military Construction (DHA) 15,000 15,000 Defense-Wide Unspecified Worldwide Locations Unspecified Minor Military Construction (DLA) 31,702 31,702 Defense-Wide Unspecified Worldwide Locations Unspecified Minor Military Construction (DODEA) 8,000 8,000 Defense-Wide Unspecified Worldwide Locations Unspecified Minor Military Construction (INDOPACOM) 0 16,130 Defense-Wide Unspecified Worldwide Locations Unspecified Minor Military Construction (NSA) 6,000 6,000 Defense-Wide Unspecified Worldwide Locations Unspecified Minor Military Construction (SOCOM) 36,726 36,726 Defense-Wide Unspecified Worldwide Locations Exercise Related Minor Construction (TJS) 18,644 18,644 Defense-Wide Unspecified Worldwide Locations Planning & Design (Defense-Wide) 26,689 26,689 Defense-Wide Unspecified Worldwide Locations Planning & Design (ERCIP) 224,250 224,250 Defense-Wide Unspecified Worldwide Locations Planning & Design (DHA) 33,227 33,227 Defense-Wide Unspecified Worldwide Locations Planning & Design (DLA) 30,000 30,000 Defense-Wide Unspecified Worldwide Locations Planning & Design (DODEA) 20,086 20,086 Defense-Wide Unspecified Worldwide Locations Planning & Design (MDA) 47,063 47,063 Defense-Wide Unspecified Worldwide Locations Planning & Design (NSA) 9,618 9,618 Defense-Wide Unspecified Worldwide Locations Planning & Design (SOCOM) 26,978 26,978 Defense-Wide Unspecified Worldwide Locations Planning & Design (TJS) 2,360 2,360 Defense-Wide Unspecified Worldwide Locations Planning & Design (WHS) 2,106 2,106 Defense-Wide Unspecified Worldwide Locations Cost to Complete: FY22 Inflation Effects (DHA) 0 39,570 Defense-Wide Unspecified Worldwide Locations Cost to Complete: FY22 Inflation Effects (DIA) 0 30,600 Defense-Wide Unspecified Worldwide Locations Cost to Complete: FY22 Inflation Effects (DLA) 0 22,000 Defense-Wide Unspecified Worldwide Locations Cost to Complete: FY22 Inflation Effects (DODEA) 0 42,650 Defense-Wide Unspecified Worldwide Locations Cost to Complete: FY22 Inflation Effects (NSA) 0 9,200 Defense-Wide Unspecified Worldwide Locations Cost to Complete: FY22 Inflation Effects (OSD) 0 81,070 Defense-Wide Unspecified Worldwide Locations Cost to Complete: FY22 Inflation Effects (SOCOM) 0 79,390 Defense-Wide Unspecified Worldwide Locations Cost to Complete: FY22 Inflation Effects (WHS) 0 10,110 Defense-Wide Unspecified Worldwide Locations Cost to Complete: FY23 Inflation Effects (DHA) 0 11,720 Defense-Wide Unspecified Worldwide Locations Cost to Complete: FY23 Inflation Effects (DLA) 0 17,000 Defense-Wide Unspecified Worldwide Locations Cost to Complete: FY23 Inflation Effects (DODEA) 0 29,200 Defense-Wide Unspecified Worldwide Locations Cost to Complete: FY23 Inflation Effects (OSD) 0 65,800 Defense-Wide Unspecified Worldwide Locations Cost to Complete: FY23 Inflation Effects (SOCOM) 0 59,210 Defense-Wide Unspecified Worldwide Locations Cost to Complete: FY23 Inflation Effects (WHS) 0 3,600 Defense-Wide Unspecified Worldwide Locations Inflation & Market Adjustment Fund 0 181,426 Subtotal Military Construction, Defense-Wide 2,416,398 2,735,074 ARMY NATIONAL GUARD Alaska Army National Guard Joint Base Elmendorf-Richardson Aircraft Maintenance Hangar 0 63,000 Arkansas Army National Guard Camp Robinson Automated Multipurpose Machine Gun Range 0 9,500 Delaware Army National Guard River Road Training Site National Guard Readiness Center 16,000 16,000 Florida Army National Guard Gainesville National Guard Readiness Center 0 21,000 Army National Guard Palm Coast Flagler Rc Fms 9 National Guard Vehicle Maintenance Shop 12,000 12,000 Hawaii Army National Guard Kalaeloa National Guard Readiness Center Addition 29,000 29,000 Indiana Army National Guard Atlanta Readiness Center National Guard Readiness Center 20,000 20,000 Iowa Army National Guard West Des Moines Armory National Guard Readiness Center 15,000 15,000 Michigan Army National Guard Grayling Airfield National Guard Readiness Center 16,000 16,000 Minnesota Army National Guard New Ulm Armory and Fms National Guard Readiness Center 17,000 17,000 Nevada Army National Guard Harry Reid Training Center National Guard Readiness Center Add/Alt 18,000 18,000 New York Army National Guard Glenmore Rd Armory/Fms 17 National Guard Vehicle Maintenance Shop 17,000 17,000 Army National Guard Lexington Armory National Guard Readiness Center Addition/ Alteration (P&D) 0 3,580 North Carolina Army National Guard Mcleansville Camp Burton Road National Guard Vehicle Maintenance Shop 15,000 15,000 Oregon Army National Guard Camp Umatilla Collective Training Unaccompanied Housing 0 14,243 Puerto Rico Army National Guard Camp Santiago Joint Maneuver Training Center Engineering/Housing Maintenance Shops (DPW) 14,500 14,500 Tennessee Army National Guard Smyrna Volunteer Training Site Army Aviation Support Facility and Readiness Center (P&D) 0 780 Vermont Army National Guard Bennington National Guard Readiness Center 14,800 0 West Virginia Army National Guard Buckhannon Brushy Fork National Guard Readiness Center Add/Alt 14,000 14,000 Wyoming Army National Guard Camp Guernsey Aviation Operations and Fire Rescue Building 0 19,500 Army National Guard Ts NG Sheridan National Guard Vehicle Maintenance Shop 14,800 14,800 Worldwide Unspecified Army National Guard Unspecified Worldwide Locations Planning & Design 28,245 32,745 Army National Guard Unspecified Worldwide Locations Unspecified Minor Military Construction 35,933 61,333 Army National Guard Unspecified Worldwide Locations Cost to Complete: FY22 Inflation Effects 0 54,610 Army National Guard Unspecified Worldwide Locations Cost to Complete: FY23 Inflation Effects (P&D) 0 8,470 Army National Guard Unspecified Worldwide Locations Cost to Complete: FY23 Inflation Effects (UMMC) 0 15,210 Army National Guard Unspecified Worldwide Locations Cost to Complete: FY23 Inflation Effects 0 65,200 Army National Guard Unspecified Worldwide Locations Inflation & Market Adjustment Fund 0 48,459 Subtotal Military Construction, Army National Guard 297,278 635,930 ARMY RESERVE California Army Reserve Camp Pendleton Area Maintenance Support Activity 0 13,000 Florida Army Reserve Perrine Army Reserve Center/AMSA 46,000 46,000 Massachusetts Army Reserve Fort Devens Cost to Complete: Multi-Purpose Machine Gun Range 0 3,000 Michigan Army Reserve Southfield Cost to Complete: Area Maintenance Shop 0 1,600 North Carolina Army Reserve Asheville Cost to Complete: Army Reserve Center 0 2,000 Ohio Army Reserve Wright-Patterson Air Force Base Area Maintenance Support Activity 0 16,000 Army Reserve Wright-Patterson Air Force Base Cost to Complete: Army Reserve Center 0 2,000 Puerto Rico Army Reserve Fort Buchanan Army Reserve Center 24,000 24,000 Washington Army Reserve Yakima Equipment Concentration Site Warehouse 0 22,000 Wisconsin Army Reserve Fort McCoy Transient Training Enlisted Barracks 0 38,000 Army Reserve Fort McCoy Transient Training Officer Barracks 0 26,000 Worldwide Unspecified Army Reserve Unspecified Worldwide Locations Barracks Planning and Design 0 3,000 Army Reserve Unspecified Worldwide Locations Planning and Design 0 20,000 Army Reserve Unspecified Worldwide Locations Unspecified Minor Construction 0 25,000 Army Reserve Unspecified Worldwide Locations Planning & Design 9,829 9,829 Army Reserve Unspecified Worldwide Locations Unspecified Minor Military Construction 20,049 20,049 Army Reserve Unspecified Worldwide Locations Cost to Complete: FY22 Inflation Effects 0 70,000 Army Reserve Unspecified Worldwide Locations Cost to Complete: FY23 Inflation Effects (P&D) 0 2,950 Army Reserve Unspecified Worldwide Locations Cost to Complete: FY23 Inflation Effects (UMMC) 0 6,000 Army Reserve Unspecified Worldwide Locations Cost to Complete: FY23 Inflation Effects 0 21,000 Army Reserve Unspecified Worldwide Locations Inflation & Market Adjustment Fund 0 27,842 Subtotal Military Construction, Army Reserve 99,878 399,270 NAVY RESERVE & MARINE CORPS RESERVE Hawaii Navy Reserve & Marine Corps Reserve Marine Corps Base Kaneohe Bay C–40 Aircraft Maintenance Hangar 0 7,000 Michigan Navy Reserve & Marine Corps Reserve Marine Forces Reserve Battle Creek Organic Supply Facilities 0 24,300 Virginia Navy Reserve & Marine Corps Reserve Marine Forces Reserve Dam Neck Virginia Beach G/ATOR Support Facilities 0 10,400 Worldwide Unspecified Navy Reserve & Marine Corps Reserve Unspecified Worldwide Locations MCNR Unspecified Minor Construction 27,747 27,747 Navy Reserve & Marine Corps Reserve Unspecified Worldwide Locations USMCR Planning & Design 2,590 2,590 Navy Reserve & Marine Corps Reserve Unspecified Worldwide Locations Cost to Complete: FY22 Inflation Effects (P&D) 0 250 Navy Reserve & Marine Corps Reserve Unspecified Worldwide Locations Cost to Complete: FY22 Inflation Effects 0 7,850 Navy Reserve & Marine Corps Reserve Unspecified Worldwide Locations Cost to Complete: FY23 Inflation Effects (P&D) 0 110 Navy Reserve & Marine Corps Reserve Unspecified Worldwide Locations Cost to Complete: FY23 Inflation Effects (UMMC) 0 2,500 Navy Reserve & Marine Corps Reserve Unspecified Worldwide Locations Inflation & Market Adjustment Fund 0 25,863 Subtotal Military Construction, Navy Reserve & Marine Corps Reserve 30,337 108,610 AIR NATIONAL GUARD Alabama Air National Guard Birmingham International Airport Security and Services Training Facility 7,500 7,500 Air National Guard Montgomery Regional Airport F–35 Weapons Load Crew Training 0 9,200 Arizona Air National Guard Morris Air National Guard Base Base Entry Complex 0 12,000 Air National Guard Tucson International Airport Land Acquisition 10,000 10,000 Florida Air National Guard Jacksonville International Airport F–35 Construct Flight Simulator Facility 22,200 22,200 Indiana Air National Guard Fort Wayne International Airport Munitions Maintenance & Storage Complex 12,800 12,800 Missouri Air National Guard Jefferson Barracks Air Guard Station Consolidated Air Operations Group (157th Air Operations Group) (P&D) 0 2,100 Rhode Island Air National Guard Quonset State Airport Consolidated Headquarters Medical & Dining Facility 0 35,000 Tennessee Air National Guard McGhee Tyson Airport KC–135 Maintenance Shops 23,800 23,800 West Virginia Air National Guard Mclaughlin Air National Guard Base C–130J Apron Expansion 0 10,000 Worldwide Unspecified Air National Guard Unspecified Worldwide Locations Planning & Design 28,412 28,412 Air National Guard Unspecified Worldwide Locations Unspecified Minor Military Construction 44,171 44,171 Air National Guard Unspecified Worldwide Locations Cost to Complete: FY22 Inflation Effects 0 72,400 Air National Guard Unspecified Worldwide Locations Cost to Complete: FY23 Inflation Effects 0 17,700 Air National Guard Unspecified Worldwide Locations Inflation & Market Adjustment Fund 0 54,236 Subtotal Military Construction, Air National Guard 148,883 361,519 AIR FORCE RESERVE Arizona Air Force Reserve Davis-Monthan Air Force Base 610th CACS Command & Control Facility 0 8,000 Massachusetts Air Force Reserve Westover Air Reserve Base Taxiway Golf Extension (P&D) 0 1,900 Mississippi Air Force Reserve Keesler Air Force Base Aeromedical Evacuation Training Facility 0 10,000 Oklahoma Air Force Reserve Tinker Air Force Base 10th Flight Test Squadron Facility 0 12,500 Virginia Air Force Reserve Langley Air Force Base Intelligence Group Facility 0 10,500 Worldwide Unspecified Air Force Reserve Unspecified Worldwide Locations Planning & Design 11,773 11,773 Air Force Reserve Unspecified Worldwide Locations Unspecified Minor Military Construction 11,850 11,850 Air Force Reserve Unspecified Worldwide Locations Cost to Complete: FY22 Inflation Effects 0 11,800 Air Force Reserve Unspecified Worldwide Locations Cost to Complete: FY23 Inflation Effects 0 4,500 Air Force Reserve Unspecified Worldwide Locations Inflation & Market Adjustment Fund 0 26,611 Subtotal Military Construction, Air Force Reserve 23,623 109,434 NATO SECURITY INVESTMENT PROGRAM Worldwide Unspecified NATO NATO Security Investment Program NATO Security Investment Program 210,139 210,139 NATO NATO Security Investment Program Inflation & Market Adjustment Fund 0 5,980 Subtotal NATO Security Investment Program 210,139 216,119 TOTAL MILITARY CONSTRUCTION 9,879,948 14,731,550 FAMILY HOUSING FAMILY HOUSING CONSTRUCTION, ARMY Germany Fam Hsg Con, Army Baumholder Cost to Complete: Family Housing New Construction 0 121,822 Fam Hsg Con, Army Baumholder Family Housing Improvements 0 20,000 Fam Hsg Con, Army Baumholder Family Housing Replacement Construction 57,000 57,000 Fam Hsg Con, Army Vilseck Cost to Complete: Family Housing New Construction 0 13,000 Italy Fam Hsg Con, Army Vicenza Family Housing New Construction 95,000 40,000 Fam Hsg Con, Army Vicenza Cost to Complete: Family Housing New Construction 0 51,540 Kwajalein Fam Hsg Con, Army Kwajalein Atoll Cost to Complete: Family Housing Replacement 0 47,060 Worldwide Unspecified Fam Hsg Con, Army Unspecified Worldwide Locations Family Housing P&D 17,339 17,339 Fam Hsg Con, Army Unspecified Worldwide Locations Cost to Complete: FY22 Inflation Effects 0 24,290 Fam Hsg Con, Army Unspecified Worldwide Locations Cost to Complete: FY23 Inflation Effects (P&D) 0 5,200 Fam Hsg Con, Army Unspecified Worldwide Locations Cost to Complete: FY23 Inflation Effects 0 49,200 Fam Hsg Con, Army Unspecified Worldwide Locations Inflation & Market Adjustment Fund 0 4,819 Subtotal Family Housing Construction, Army 169,339 451,270 FAMILY HOUSING O&M, ARMY Worldwide Unspecified Fam Hsg O&M, Army Unspecified Worldwide Locations Furnishings 22,911 22,911 Fam Hsg O&M, Army Unspecified Worldwide Locations Housing Privatization Support 65,740 65,740 Fam Hsg O&M, Army Unspecified Worldwide Locations Leasing 127,499 127,499 Fam Hsg O&M, Army Unspecified Worldwide Locations Maintenance 117,555 117,555 Fam Hsg O&M, Army Unspecified Worldwide Locations Management 45,718 45,718 Fam Hsg O&M, Army Unspecified Worldwide Locations Miscellaneous 559 559 Fam Hsg O&M, Army Unspecified Worldwide Locations Services 9,580 9,580 Fam Hsg O&M, Army Unspecified Worldwide Locations Utilities 46,849 46,849 Fam Hsg O&M, Army Unspecified Worldwide Locations Inflation & Market Adjustment Fund 0 12,103 Subtotal Family Housing Operation And Maintenance, Army 436,411 448,514 FAMILY HOUSING CONSTRUCTION, NAVY & MARINE CORPS District of Columbia Fam Hsg Con, Navy & Marine Corps United States Marine Corps Headquarters Design 7,043 7,043 Fam Hsg Con, Navy & Marine Corps United States Marine Corps Headquarters Improvements 74,540 74,540 Guam Fam Hsg Con, Navy & Marine Corps Naval Support Activity Andersen Replace Andersen Housing PH IV 86,390 86,390 Fam Hsg Con, Navy & Marine Corps Naval Support Activity Andersen Replace Andersen Housing PH V 93,259 93,259 Fam Hsg Con, Navy & Marine Corps Naval Support Activity Andersen Replace Andersen Housing PH VI 68,985 68,985 Worldwide Unspecified Fam Hsg Con, Navy & Marine Corps Unspecified Worldwide Locations USMC DPRI/Guam Planning & Design 7,080 7,080 Fam Hsg Con, Navy & Marine Corps Unspecified Worldwide Locations Cost to Complete: FY22 Inflation Effects 0 240 Fam Hsg Con, Navy & Marine Corps Unspecified Worldwide Locations Inflation & Market Adjustment Fund 0 9,597 Subtotal Family Housing Construction, Navy & Marine Corps 337,297 347,134 FAMILY HOUSING O&M, NAVY & MARINE CORPS Worldwide Unspecified Fam Hsg O&M, Navy & Marine Corps Unspecified Worldwide Locations Furnishings 16,182 16,182 Fam Hsg O&M, Navy & Marine Corps Unspecified Worldwide Locations Housing Privatization Support 61,605 61,605 Fam Hsg O&M, Navy & Marine Corps Unspecified Worldwide Locations Leasing 66,333 66,333 Fam Hsg O&M, Navy & Marine Corps Unspecified Worldwide Locations Maintenance 105,470 105,470 Fam Hsg O&M, Navy & Marine Corps Unspecified Worldwide Locations Management 59,312 59,312 Fam Hsg O&M, Navy & Marine Corps Unspecified Worldwide Locations Miscellaneous 411 411 Fam Hsg O&M, Navy & Marine Corps Unspecified Worldwide Locations Services 16,494 16,494 Fam Hsg O&M, Navy & Marine Corps Unspecified Worldwide Locations Utilities 42,417 42,417 Fam Hsg O&M, Navy & Marine Corps Unspecified Worldwide Locations Inflation & Market Adjustment Fund 0 8,664 Subtotal Family Housing Operation & Maintenance, Navy & Marine Corps 368,224 376,888 FAMILY HOUSING CONSTRUCTION, AIR FORCE Delaware Fam Hsg Con, Air Force Dover Air Force Base MHPI Restructure 25,492 25,492 Florida Fam Hsg Con, Air Force Tyndall Air Force Base AETC Restructuring 150,685 150,685 Illinois Fam Hsg Con, Air Force Scott Air Force Base MHPI Restructure 52,003 52,003 Japan Fam Hsg Con, Air Force Kadena Air Base Family Housing North Terrance Improvement, Phase 2 (4 Units) 0 3,800 Maryland Fam Hsg Con, Air Force Andrews Air Force Base MHPI Equity Contribution CMSSF House 1,878 1,878 Worldwide Unspecified Fam Hsg Con, Air Force Unspecified Worldwide Locations Planning & Design 2,730 17,730 Fam Hsg Con, Air Force Unspecified Worldwide Locations Inflation & Market Adjustment Fund 0 6,444 Subtotal Family Housing Construction, Air Force 232,788 258,032 FAMILY HOUSING O&M, AIR FORCE Worldwide Unspecified Fam Hsg O&M, Air Force Unspecified Worldwide Locations Furnishings 27,379 27,379 Fam Hsg O&M, Air Force Unspecified Worldwide Locations Housing Privatization 33,517 33,517 Fam Hsg O&M, Air Force Unspecified Worldwide Locations Leasing 7,882 7,882 Fam Hsg O&M, Air Force Unspecified Worldwide Locations Maintenance 150,375 150,375 Fam Hsg O&M, Air Force Unspecified Worldwide Locations Management 77,042 77,042 Fam Hsg O&M, Air Force Unspecified Worldwide Locations Miscellaneous 2,240 2,240 Fam Hsg O&M, Air Force Unspecified Worldwide Locations Services 10,570 10,570 Fam Hsg O&M, Air Force Unspecified Worldwide Locations Utilities 46,217 46,217 Fam Hsg O&M, Air Force Unspecified Worldwide Locations Inflation & Market Adjustment Fund 0 8,306 Subtotal Family Housing Operation And Maintenance, Air Force 355,222 363,528 FAMILY HOUSING O&M, DEFENSE-WIDE Worldwide Unspecified Fam Hsg O&M, Defense-Wide Unspecified Worldwide Locations Furnishings (DIA) 656 656 Fam Hsg O&M, Defense-Wide Unspecified Worldwide Locations Furnishings (NSA) 87 87 Fam Hsg O&M, Defense-Wide Unspecified Worldwide Locations Leasing (DIA) 31,849 31,849 Fam Hsg O&M, Defense-Wide Unspecified Worldwide Locations Leasing (NSA) 13,306 13,306 Fam Hsg O&M, Defense-Wide Unspecified Worldwide Locations Maintenance (NSA) 34 34 Fam Hsg O&M, Defense-Wide Unspecified Worldwide Locations Utilities (DIA) 4,166 4,166 Fam Hsg O&M, Defense-Wide Unspecified Worldwide Locations Utilities (NSA) 15 15 Subtotal Family Housing Operation And Maintenance, Defense-Wide 50,113 50,113 FAMILY HOUSING IMPROVEMENT FUND Worldwide Unspecified Family Housing Improvement Fund Unspecified Worldwide Locations Administrative Expenses—FHIF 6,442 6,442 Family Housing Improvement Fund Unspecified Worldwide Locations Inflation & Market Adjustment Fund 0 184 Subtotal Family Housing Improvement Fund 6,442 6,626 UNACCOMPANIED HOUSING IMPROVEMENT FUND Worldwide Unspecified Unaccompanied Housing Improvement Fund Unspecified Worldwide Locations Administrative Expenses—UHIF 494 494 Subtotal Unaccompanied Housing Improvement Fund 494 494 TOTAL FAMILY HOUSING 1,956,330 2,302,599 DEFENSE BASE REALIGNMENT AND CLOSURE BASE REALIGNMENT AND CLOSURE, ARMY Worldwide Unspecified BRAC, Army Unspecified Worldwide Locations Base Realignment and Closure 67,706 67,706 BRAC, Army Unspecified Worldwide Locations Inflation & Market Adjustment Fund 0 1,927 Subtotal Base Realignment and Closure—Army 67,706 69,633 BASE REALIGNMENT AND CLOSURE, NAVY Worldwide Unspecified BRAC, Navy Unspecified Worldwide Locations Base Realignment and Closure 106,664 106,664 BRAC, Navy Unspecified Worldwide Locations Inflation & Market Adjustment Fund 0 2,767 Subtotal Base Realignment and Closure—Navy 106,664 109,431 BASE REALIGNMENT AND CLOSURE, AIR FORCE Worldwide Unspecified BRAC, Air Force Unspecified Worldwide Locations Base Realignment and Closure 107,311 107,311 BRAC, Air Force Unspecified Worldwide Locations Inflation & Market Adjustment Fund 0 3,053 Subtotal Base Realignment and Closure—Air Force 107,311 110,364 BASE REALIGNMENT AND CLOSURE, DEFENSE-WIDE Worldwide Unspecified BRAC, Defense-Wide Unspecified Worldwide Locations Int–4: DLA Activities 3,006 3,006 BRAC, Defense-Wide Unspecified Worldwide Locations Inflation & Market Adjustment Fund 0 85 Subtotal Base Realignment and Closure—Defense-Wide 3,006 3,091 TOTAL DEFENSE BASE REALIGNMENT AND CLOSURE 284,687 292,519 TOTAL MILITARY CONSTRUCTION, FAMILY HOUSING, AND BRAC 12,120,965 17,326,668 XLVII DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands of Dollars) Program FY 2023 Request Senate Authorized Discretionary Summary by Appropriation Energy Programs Nuclear Energy 156,600 156,600 Atomic Energy Defense Activities National Nuclear Security Administration: Weapons Activities 16,486,298 17,090,298 Defense Nuclear Nonproliferation 2,346,257 2,331,257 Naval Reactors 2,081,445 2,081,445 Federal Salaries and Expenses 496,400 496,400 Total, National Nuclear Security Administration 21,410,400 21,999,400 Defense Environmental Cleanup 6,914,532 6,538,532 Other Defense Activities 978,351 978,351 Total, Atomic Energy Defense Activities 29,303,283 29,516,283 Total, Discretionary Funding 29,459,883 29,672,883 Nuclear Energy Safeguards and security 156,600 156,600 Total, Nuclear Energy 156,600 156,600 Weapons Activities Stockpile major modernization B61 Life extension program 672,019 672,019 W88 Alteration program 162,057 162,057 W80–4 Life extension program 1,122,451 1,122,451 W80–4 ALT SLCM 0 20,000 Program increase (20,000) W87–1 Modification Program 680,127 680,127 W93 240,509 240,509 Subtotal, Stockpile major modernization 2,877,163 2,897,163 Stockpile sustainment 1,321,139 1,321,139 Weapons dismantlement and disposition 50,966 50,966 Production operations 630,894 630,894 Nuclear enterprise assurance 48,911 48,911 Total, Stockpile management 4,929,073 4,949,073 Production Modernization Los Alamos Plutonium Modernization Los Alamos Plutonium Operations 767,412 767,412 21–D–512, Plutonium Pit Production Project, LANL 588,234 588,234 15–D–302, TA–55 Reinvestments Project, Phase 3, LANL 30,002 30,002 07–D–220-04, Transuranic Liquid Waste Facility, LANL 24,759 24,759 04–D–125, Chemistry and Metallurgy Research Replacement Project, LANL 162,012 162,012 Subtotal, Los Alamos Plutonium Modernization 1,572,419 1,572,419 Savannah River Plutonium Modernization Savannah River Plutonium Operations 58,300 58,300 21–D–511, Savannah River Plutonium Processing Facility, SRS 700,000 1,200,000 Program increase—glovebox long lead procurement (200,000) Program increase—long lead items (100,000) Program increase—demolition of MOX buildling (165,000) Program increase—site prep (35,000) Subtotal, Savannah River Plutonium Modernization 758,300 1,258,300 Enterprise Plutonium Support 88,993 88,993 Total, Plutonium Modernization 2,419,712 2,919,712 High Explosives & Energetics High Explosives & Energetics 101,380 101,380 23–D–516, Energetic Materials Characterization Facility, LANL 19,000 19,000 21–D–510, HE Synthesis, Formulation, and Production, PX 108,000 108,000 15–D–301, HE Science & Engineering Facility, PX 20,000 20,000 Subtotal, High Explosives & Energetics 248,380 248,380 Total, Primary Capability Modernization 2,668,092 3,168,092 Secondary Capability Modernization Secondary Capability Modernization 536,363 544,363 Program increase—calciner (8,000) 18–D–690, Lithium Processing Facility, Y–12 216,886 216,886 06–D–141, Uranium Processing Facility, Y–12 362,000 362,000 Total, Secondary Capability Modernization 1,115,249 1,123,249 Tritium and Domestic Uranium Enrichment Tritium and Domestic Uranium Enrichment 506,649 506,649 18–D–650, Tritium Finishing Facility, SRS 73,300 73,300 Total, Tritium and Domestic Uranium Enrichment 579,949 579,949 Non-Nuclear Capability Modernization 123,084 123,084 Capability Based Investments 154,220 154,220 Total, Production Modernization 4,640,594 5,148,594 Stockpile research, technology, and engineering Assessment Science Assessment Science 801,668 801,668 14–D–640, U1a Complex Enhancements Project, NNSS 53,130 53,130 Total, Assessment Science 854,798 854,798 Engineering and integrated assessments 366,455 366,455 Inertial confinement fusion 544,095 584,095 Program increase (40,000) Advanced simulation and computing 742,646 752,646 Program increase (10,000) Weapon technology and manufacturing maturation 286,165 286,165 Academic programs 100,499 100,499 Total, Stockpile research, technology, and engineering 2,894,658 2,944,658 Infrastructure and operations Operating Operations of facilities 1,038,000 1,046,000 Program increase (8,000) Safety and Environmental Operations 162,000 162,000 Maintenance and Repair of Facilities 680,000 690,000 Program increase (10,000) Recapitalization Infrastructure and Safety 561,663 561,663 Subtotal, Recapitalization 561,663 561,663 Total, Operating 2,441,663 2,459,663 Mission enabling construction 22–D–514 Digital Infrastructure Capability Expansion 67,300 67,300 22–D–517 Electrical Power Capacity Upgrade, LANL 24,000 24,000 22–D–518 Plutonium Modernization Ops & Waste Mngmt Office Bldg, LANL 48,500 48,500 23–D–519, Special Material Facility, Y–12 49,500 49,500 Total, Mission enabling construction 189,300 189,300 Total, Infrastructure and operations 2,630,963 2,648,963 Secure transportation asset Operations and equipment 214,367 214,367 Program direction 130,070 130,070 Total, Secure transportation asset 344,437 344,437 Defense nuclear security Operations and maintenance 878,363 878,363 Construction: 17–D–710, West end protected area reduction project, Y–12 3,928 11,928 Program increase (8,000) Subtotal, Construction 3,928 11,928 Total, Defense nuclear security 882,291 890,291 Information technology and cybersecurity 445,654 445,654 Legacy contractor pensions 114,632 114,632 Total, Weapons Activities 16,882,302 17,486,302 Adjustments Use of prior year balances –396,004 –396,004 Total, Adjustments –396,004 –396,004 Total, Weapons Activities 16,486,298 17,090,298 Defense Nuclear Nonproliferation Material management and minimization Conversion (formerly HEU Reactor Conversion) 153,260 153,260 Nuclear material removal 41,600 41,600 Material disposition 256,025 256,025 Total, Material management & minimization 450,885 450,885 Global material security International nuclear security 81,155 81,155 Radiological security 244,827 244,827 Nuclear smuggling detection and deterrence 178,095 178,095 Total, Global material security 504,077 504,077 Nonproliferation and arms control 207,656 207,656 Defense nuclear nonproliferation R&D Proliferation detection 287,283 287,283 Nonproliferation stewardship program 109,343 109,343 Nuclear detonation detection 279,205 279,205 Forensics R&D 44,414 44,414 Total, Defense Nuclear Nonproliferation R&D 720,245 720,245 Nonproliferation construction 18–D–150 Surplus Plutonium Disposition Project, SRS 71,764 71,764 Total, Nonproliferation construction 71,764 71,764 NNSA Bioassurance Program 20,000 5,000 Program reduction (–15,000) Legacy contractor pensions 55,708 55,708 Nuclear counterterrorism and incident response program Emergency Operations 29,896 29,896 Counterterrorism and Counterproliferation 409,074 409,074 Total, Nuclear counterterrorism and incident response program 438,970 438,970 Subtotal, Defense Nuclear Nonproliferation 2,469,305 2,454,305 Adjustments Use of prior year balances –123,048 –123,048 Total, Adjustments –123,048 –123,048 Total, Defense Nuclear Nonproliferation 2,346,257 2,331,257 Naval Reactors Naval reactors development 798,590 798,590 Columbia-Class reactor systems development 53,900 53,900 S8G Prototype refueling 20,000 20,000 Naval reactors operations and infrastructure 695,165 695,165 Program direction 58,525 58,525 Construction: 22–D–533 BL Component Test Complex 57,420 57,420 14–D–901, Spent Fuel Handling Recapitalization Project, NRF 397,845 397,845 Total, Construction 455,265 455,265 Total, Naval Reactors 2,081,445 2,081,445 Federal Salaries and Expenses Program direction 513,200 513,200 Use of prior year balances –16,800 –16,800 Total, Federal Salaries and Expenses 496,400 496,400 TOTAL, National Nuclear Security Administration 21,510,796 21,999,400 Defense Environmental Cleanup Closure sites administration 4,067 4,067 Richland River corridor and other cleanup operations 135,000 135,000 Central plateau remediation 650,240 650,240 Richland community and regulatory support 10,013 10,013 18–D–404 Modification of Waste Encapsulation and Storage Facility 3,100 3,100 22–D–401 L–888, 400 Area Fire Station 3,100 3,100 22–D–402 L–897, 200 Area Water Treatment Facility 8,900 8,900 23–D–404 181D Export Water System Reconfiguration and Upgrade 6,770 6,770 23–D–405 181B Export Water System Reconfiguration and Upgrade 480 480 Total, Richland 817,603 817,603 Office of River Protection: Waste Treatment Immobilization Plant Commissioning 462,700 462,700 Rad liquid tank waste stabilization and disposition 801,100 811,100 Program increase (10,000) Construction 23–D–403 Hanford 200 West Area Tank Farms Risk Management Project 4,408 4,408 01–D–16D, High-level waste facility 316,200 316,200 01–D–16E, Pretreatment Facility 20,000 20,000 Subtotal, Construction 340,608 340,608 Total, Office of River Protection 1,604,408 1,614,408 Idaho National Laboratory: Idaho cleanup and waste disposition 350,658 350,658 Idaho community and regulatory support 2,705 2,705 Construction 22–D–403 Idaho Spent Nuclear Fuel Staging Facility 8,000 8,000 22–D–404 Addl ICDF Landfill Disposal Cell and Evaporation Ponds Project 8,000 8,000 22–D–402 Calcine Construction 10,000 10,000 Subtotal, Construction 26,000 26,000 Total, Idaho National Laboratory 379,363 379,363 NNSA sites and Nevada off-sites Lawrence Livermore National Laboratory 1,842 1,842 LLNL Excess Facilities D&D 12,004 22,004 Program increase (10,000) Separations Processing Research Unit 15,300 15,300 Nevada Test Site 62,652 62,652 Sandia National Laboratory 4,003 4,003 Los Alamos National Laboratory 286,316 286,316 Los Alamos Excess Facilities D&D 40,519 40,519 Total, NNSA sites and Nevada off-sites 422,636 432,636 Oak Ridge Reservation: OR Nuclear Facility D&D 334,221 339,221 Program increase (5,000) U233 Disposition Program 47,628 47,628 OR cleanup and waste disposition 62,000 62,000 Construction 17–D–401 On-site waste disposal facility 35,000 35,000 Subtotal, Construction 35,000 35,000 OR community & regulatory support 5,300 5,300 OR technology development and deployment 3,000 3,000 Total, Oak Ridge Reservation 487,149 492,149 Savannah River Site: Savannah River risk management operations 416,317 416,317 Savannah River legacy pensions 132,294 132,294 Savannah River community and regulatory support 12,137 12,137 Savannah River National Laboratory O&M 41,000 41,000 Construction: 20-D–401 Saltstone Disposal Unit #10, 11, 12 37,668 37,668 19–D–701 SR Security systems replacement 5,000 5,000 18–D–402 Saltstone Disposal Unit #8, 9 49,832 49,832 8–D–402 Emergency Operations Center Replacement, SR 25,568 25,568 Subtotal, Construction 118,068 118,068 Radioactive liquid tank waste stabilization 851,660 861,660 Program increase (10,000) Total, Savannah River Site 1,571,476 1,581,476 Waste Isolation Pilot Plant Waste Isolation Pilot Plant 371,943 371,943 Construction: 15–D–411 Safety significant confinement ventilation system, WIPP 59,073 59,073 15–D–412 Exhaust shaft, WIPP 25,000 25,000 Program increase 6,000 Total, Construction 84,073 84,073 Total, Waste Isolation Pilot Plant 456,016 456,016 Program direction—Defense Environmental Cleanup 317,002 317,002 Program support—Defense Environmental Cleanup 103,239 103,239 Safeguards and Security—Defense Environmental Cleanup 309,573 309,573 Technology development and deployment 25,000 25,000 Federal contribution to the Uranium Enrichment D&D Fund 417,000 0 Program reduction (–417,000) Subtotal, Defense Environmental Cleanup 6,914,532 6,532,532 TOTAL, Defense Environmental Cleanup 6,914,532 6,532,532 Other Defense Activities Environment, health, safety and security Environment, health, safety and security mission support 138,854 138,854 Program direction 76,685 76,685 Total, Environment, health, safety and security 215,539 215,539 Office of Enterprise Assessments Enterprise assessments 27,486 27,486 Program direction 57,941 57,941 Total, Office of Enterprise Assessments 85,427 85,427 Specialized security activities 306,067 306,067 Legacy Management Legacy Management Activities—Defense 174,163 174,163 Program Direction 21,983 21,983 Total, Legacy Management 196,146 196,146 Defense-related administrative support 170,695 170,695 Office of hearings and appeals 4,477 4,477 Subtotal, Other defense activities 978,351 978,351 Total, Other Defense Activities 978,351 978,351
July 18, 2022 Read twice and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s4543rs/xml/BILLS-117s4543rs.xml |
117-s-4544 | II 117th CONGRESS 2d Session S. 4544 IN THE SENATE OF THE UNITED STATES July 18, 2022 Mr. Casey (for himself, Mr. Kaine , Ms. Duckworth , and Mr. Merkley ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to provide health equity for people with disabilities.
1. Short title This Act may be cited as the Health Equity for People with Disabilities Act . 2. Health equity for people with disabilities (a) In general Section 330 of the Public Health Service Act ( 42 U.S.C. 254b ) is amended— (1) in subsection (a)(1)— (A) in the matter preceding subparagraph (A), by inserting including people with disabilities within these populations; after public housing, ; and (B) in subparagraph (A), by inserting including accessible healthcare services before the semicolon; (2) in subsection (b)— (A) in paragraph (1)(A)— (i) in clause (i), in the matter preceding subclause (I), by inserting , including accessible healthcare services after health services ; (ii) in clause (iv), by inserting , including people with disabilities, after enable individuals ; and (iii) in clause (v), by inserting , including people with disabilities, after health center ; and (B) by adding at the end the following: (4) Disability The term disability has the meaning given such term in the Americans with Disabilities Act of 1990. ; (3) in subsection (c)(1)— (A) in the matter preceding subparagraph (A)— (i) by inserting , including people with disabilities within these medically underserved populations before the first period; and (ii) by inserting accessible after lease of ; and (B) in subparagraph (E), by inserting non-profit health and wellness agencies, after local hospitals, ; (4) in subsection (d)— (A) in paragraph (1)(A), by inserting or with disabilities before the semicolon; and (B) in paragraph (3), by inserting or for addressing barriers to care affecting people with disabilities in their communities before the period; (5) in subsection (e)(6)(A)(ii), insert “, or will serve a significant population of people with disabilities” after “other applicants”; (6) in subsection (f)(1)(B), by inserting , including people with disabilities, after women and children ; (7) in subsection (g)(1)(A), by inserting , including people with disabilities before the semicolon; (8) in subsection (h)(1), by striking and veterans at risk of homelessness and inserting veterans at risk of homelessness, and people with disabilities who are homeless or at risk of homelessness ; (9) in subsection (i)(1), by inserting , inclusive of people with disabilities in these communities before the period; and (10) in subsection (j)(4)— (A) in subparagraph (A), by striking and at the end; (B) in subparagraph (B), by striking the period and inserting ; or ; and (C) by adding at the end the following: (C) provide communication devices, aids, or services to meet disability accessibility requirements. . (b) Rule of construction Nothing in the amendments made by subsection (a) shall be construed to modify the manner in which funding is provided to targeted populations on the date of enactment of this Act or to otherwise shift the focus of programming for such populations. Such amendments are intended to ensure that members of targeted populations with disabilities are included in such programming, have access to care, and are served under programs under section 330 of the Public Health Service Act (as amended by this section). | https://www.govinfo.gov/content/pkg/BILLS-117s4544is/xml/BILLS-117s4544is.xml |
117-s-4545 | II 117th CONGRESS 2d Session S. 4545 IN THE SENATE OF THE UNITED STATES July 18, 2022 Mr. Peters (for himself and Mr. Rounds ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To establish the Department of Defense-Department of Veterans Affairs Discharge Review Board Committee, and for other purposes.
1. Short title This Act may be cited as the Discharge Review Board Outreach Improvement Act of 2022 . 2. Department of Defense-Department of Veterans Affairs Discharge Review Board Committee (a) Establishment of joint executive committee (1) In general There is established an interagency committee to advise the Under Secretary of Defense for Personnel and Readiness and the Deputy Secretary of Veterans Affairs on matters relating to the review boards under section 1553 of title 10, United States Code. (2) Designation The interagency committee established under paragraph (1) shall be known as the Department of Defense-Department of Veterans Affairs Discharge Review Board Committee (hereinafter in this section referred to as the Committee ). (b) Membership The Committee shall be composed of the following: (1) The Under Secretary of Defense for Personnel and Readiness, the Assistant Secretary of Manpower and Reserve Affairs for each of the military services, and such other officers and employees of the Department of Defense as the Secretary of Defense may designate. (2) The Deputy Secretary of Veterans Affairs and such other officers and employees of the Department of Veterans Affairs as the Secretary of Veterans Affairs may designate. (c) Administrative matters (1) In general The Under Secretary and the Deputy Secretary shall jointly determine the size and structure of the Committee, as well as the administrative and procedural guidelines for the operation of the Committee. (2) Subcommittees The Committee may establish subcommittees to assist the Committee in carrying out subsections (d) and (e), including the following: (A) A subcommittee on outreach and education. (B) A subcommittee on training for members of the review boards under section 1553 of title 10, United States Code. (3) Support The Under Secretary and the Deputy Secretary shall jointly supply appropriate staff and resources to provide administrative support and services for the Committee. Support for such purposes shall be provided at a level that the Under Secretary and the Deputy Secretary jointly determine sufficient for the efficient operation of the Committee, including any subcommittees established under paragraph (2). (d) Recommendations (1) In general The Committee shall provide the Secretary of Defense and the Secretary of Veterans Affairs with recommendations on the strategic direction for the joint coordination and sharing efforts between and within the Department of Defense and the Department of Veterans Affairs on matters regarding the review boards described in subsection (a)(1). (2) Annual report Not less frequently than once each year, the Committee shall submit to the two Secretaries and to Congress an annual report containing such recommendations regarding the review boards described in subsection (a)(1) as the Committee considers appropriate. (e) Functions In order to enable the Committee to make recommendations in its annual report under subsection (c)(2), the Committee shall do the following: (1) Review existing policies, procedures, and practices regarding reviews under section 1553 of title 10, United States Code, with respect to matters that pertain to the coordination and sharing of resources between the Department of Defense and the Department of Veterans Affairs. (2) Identify changes in policies, procedures, and practices that, in the judgment of the Committee, would promote mutually beneficial coordination, use, or exchange of use of services and resources of the two Departments, with the goal of improving the quality, efficiency, and effectiveness of the review boards under section 1553 of such title for veterans, members of the Armed Forces, individuals who retired from service in the Armed Forces, and their families through an enhanced partnership between the two Departments. (3) Identify and assess further opportunities for the coordination and collaboration between the Departments that, in the judgment of the Committee, would positively affect the review process under section 1553 of such title. (4) Review the implementation of activities designed to promote the coordination and sharing of resources between the Departments for matters relating to the review process under section 1553 of such title. (5) Identify and assess strategies, which either or both Departments may implement, that would increase outreach to former members of the Armed Forces described in subsection (d)(3)(B) of section 1553 of such title who may qualify for relief under such section. | https://www.govinfo.gov/content/pkg/BILLS-117s4545is/xml/BILLS-117s4545is.xml |
117-s-4546 | II 117th CONGRESS 2d Session S. 4546 IN THE SENATE OF THE UNITED STATES July 18, 2022 Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To prohibit conflict of interests among consulting firms that simultaneously contract with the Government of the People’s Republic of China and the United States Government, and for other purposes.
1. Short title This Act may be cited as the Time to Choose Act of 2022 . 2. Findings Congress makes the following findings: (1) The Department of Defense and other agencies in the United States Government regularly award contracts to firms such as Deloitte, McKinsey & Company, and others who are simultaneously providing consulting services to the Government of the People’s Republic of China and proxies or affiliates thereof. (2) The provision of such consulting services by firms like Deloitte, McKinsey & Company, and others to entities in the People’s Republic of China directly supports efforts by that nation’s government to generate economic and military power that it can then use to undermine the economic and national security of the American people, including through economic coercion and by threatening or using military force against us. (3) It is a conflict of interest for firms like Deloitte, McKinsey & Company, and others to simultaneously aid in the efforts of the Government of the People's Republic of China to undermine the economic and national security of the United States while they are simultaneously contracting with the Department of Defense and other United States Government agencies responsible for defending the United States from foreign threats, above all from China. (4) Firms like Deloitte, McKinsey & Company, and others should no longer be allowed to engage in such a conflict of interest and should instead be required to choose between aiding the efforts of the Government of the People's Republic of China to harm the United States or helping the United States Government to defend its citizens against such foreign coercion. 3. Prohibition on Federal contracting with entities that are simultaneously aiding in the efforts of the People’s Republic of China to harm the United States In order to end conflict of interests in Federal contracting among consulting firms that simultaneously contract with the United States Government and covered foreign entities, the Federal Acquisition Regulatory Council shall, not later than 180 days after the date of the enactment of this Act, amend the Federal Acquisition Regulation— (1) to require any entity that provides the services described in the North American Industry Classification System’s Industry Group code 5416, prior to entering into a Federal contract, to certify that neither it nor any of its subsidiaries or affiliates hold a contract with one or more covered foreign entities; and (2) to prohibit Federal contracts from being awarded to an entity that provides the services described under the North American Industry Classification System’s Industry Group code 5416 if the entity or any of its subsidiaries or affiliates are determined, based on the self-certification required under paragraph (1) or other information, to be a contractor of, or otherwise providing services to, a covered foreign entity. 4. Penalties for false information on contracting with the People’s Republic of China (a) Termination, suspension, and debarment If the head of an executive agency determines that a consulting firm described in section 3 has knowingly submitted a false certification or information on or after the date on which the Federal Acquisition Regulatory Council amends the Federal Acquisition Regulation pursuant to such section, the head of the executive agency shall terminate the contract with the consulting firm and consider suspending or debarring the firm from eligibility for future Federal contracts in accordance with subpart 9.4 of the Federal Acquisition Regulation. (b) False Claims Act A consulting firm described in section 3 that, for the purposes of the False Claims Act, intentionally hides or misrepresents one or more contracts with covered foreign entities shall be subject to the penalties and corrective actions described in the False Claims Act, including liability for three times the amount of damages which the United States Government sustains, including funds or other resources expended on or in support of the solicitation, selection, and performance of such contracts. 5. Definitions In this Act: (1) Covered foreign entity The term covered foreign entity means— (A) a person, business trust, business association, company, institution, government agency, university, partnership, limited liability company, corporation, or any other individual or organization that can legally enter into contracts, own properties, or pay taxes on behalf of, the Government of the People’s Republic of China; (B) the Chinese Communist Party; (C) the People’s Republic of China’s United Front; (D) an entity owned or controlled by, or that performs activities on behalf of, a person or entity described in subparagraph (A), (B), or (C); and (E) an individual that is a member of the board of directors, an executive officer, or a senior official of an entity described in subparagraph (A), (B), (C), or (D). (2) Executive agency The term executive agency has the meaning given the term in section 133 of title 41, United States Code. (3) False Claims Act The term False Claims Act means sections 3729 through 3733 of title 31, United States Code. (4) North American Industry Classification System's Industry Group code 5416 The term North American Industry Classification System’s Industry Group code 5416 refers to the North American Industry Classification System category that covers Management, Scientific, and Technical Consulting Services as Industry Group code 5416, including industry codes 54151, 541611, 541612, 541613, 541614, 541618, 54162, 541620, 54169, 541690. | https://www.govinfo.gov/content/pkg/BILLS-117s4546is/xml/BILLS-117s4546is.xml |
117-s-4547 | II 117th CONGRESS 2d Session S. 4547 IN THE SENATE OF THE UNITED STATES July 19, 2022 Mr. Cruz introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To require a report on efforts by Venezuelan state actors and transnational criminal organizations to capture and detain United States citizens as hostages.
1. Report on efforts to capture and detain United States citizens as hostages (a) In general Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate committees of Congress a report on efforts by the Government of Venezuela to detain United States citizens and permanent residents. (b) Elements The report required under subsection (a) shall include, regarding the seizure and detainment of United States citizens or permanent resident aliens— (1) the names and positions of Venezuelan persons or those acting on their behalf who have engaged in those activities; (2) a description of any roles played by transnational criminal organizations, and an identification of those organizations; and (3) where relevant, an assessment of whether and how United States citizens and permanent resident aliens have been lured to Venezuela. (c) Form The report required under subsection (a) shall be submitted in unclassified form, but shall include a classified annex listing the total number of United States citizens and permanent resident aliens presently in custody of Venezuelan state actors operating in the hemisphere. (d) Appropriate committees of Congress defined In this Act, the term appropriate committees of Congress means— (1) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s4547is/xml/BILLS-117s4547is.xml |
117-s-4548 | II 117th CONGRESS 2d Session S. 4548 IN THE SENATE OF THE UNITED STATES July 19, 2022 Ms. Sinema (for herself and Mr. Kelly ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To provide for the assumption of full ownership and control of the International Outfall Interceptor in Nogales, Arizona, by the International Boundary and Water Commission, and for other purposes.
1. Short title This Act may be cited as the Nogales Wastewater Improvement Act of 2022 . 2. Amendment to the Act of July 27, 1953 The first section of the Act of July 27, 1953 (67 Stat. 195, chapter 242; 22 U.S.C. 277d–10 ), is amended by striking the period at the end and inserting : Provided further , That the equitable portion of the Nogales sanitation project for the city of Nogales, Arizona, shall be limited to the costs directly associated with the treatment and conveyance of the wastewater of the city and, to the extent practicable, shall not include any costs directly associated with the quality or quantity of wastewater originating in Mexico. . 3. Nogales sanitation project (a) Definitions In this section: (1) City The term City means the City of Nogales, Arizona. (2) Commission The term Commission means the United States Section of the International Border and Water Commission. (3) International Outfall Interceptor The term International Outfall Interceptor means the pipeline that conveys wastewater from the United States-Mexico border to the Nogales International Wastewater Treatment Plant. (4) Nogales International Wastewater Treatment Plant The term Nogales International Wastewater Treatment Plant means the wastewater treatment plant that— (A) is operated by the Commission; (B) is located in Rio Rico, Santa Cruz County, Arizona, after manhole 99; and (C) treats sewage and wastewater originating from— (i) Nogales, Sonora, Mexico; and (ii) Nogales, Arizona. (b) Ownership and control (1) In general Subject to paragraph (2) and in accordance with authority under the Act of July 27, 1953 (67 Stat. 195, chapter 242; 22 U.S.C. 277d–10 et seq. ), on transfer by donation from the City of the current stake of the City in the International Outfall Interceptor to the Commission, the Commission shall enter into such agreements as are necessary to assume full ownership and control over the International Outfall Interceptor. (2) Agreements required The Commission shall assume full ownership and control over the International Outfall Interceptor under paragraph (1) after all applicable governing bodies in the State of Arizona, including the City, have— (A) signed memoranda of understanding granting to the Commission access to existing easements for a right of entry to the International Outfall Interceptor for the life of the International Outfall Interceptor; (B) entered into an agreement with respect to the flows entering the International Outfall Interceptor that are controlled by the City; and (C) agreed to work in good faith to expeditiously enter into such other agreements as are necessary for the Commission to operate and maintain the International Outfall Interceptor. (c) Operations and maintenance (1) In general Beginning on the date on which the Commission assumes full ownership and control of the International Outfall Interceptor under subsection (b)(1), but subject to subsection (e), the Commission shall be responsible for the operations and maintenance of the International Outfall Interceptor. (2) Authorization of appropriations There are authorized to be appropriated to the Commission to carry out this subsection, to remain available until expended— (A) $4,400,000 for fiscal year 2023; and (B) not less than $2,500,000 for fiscal year 2024 and each fiscal year thereafter. (d) Debris screen (1) Debris screen required (A) In general The Commission shall construct, operate, and maintain a debris screen at Manhole One of the International Outfall Interceptor for intercepting debris and drug bundles coming to the United States from Nogales, Sonora, Mexico. (B) Requirement In constructing and operating the debris screen under subparagraph (A), the Commission and the Commissioner of U.S. Customs and Border Protection shall coordinate— (i) the removal of drug bundles and other illicit goods caught in the debris screen; and (ii) other operations at the International Outfall Interceptor that require coordination. (2) Authorization of appropriations There are authorized to be appropriated to the Commission, to remain available until expended— (A) $11,900,000 for fiscal year 2023 for construction of the debris screen described in paragraph (1)(A); and (B) $2,200,000 for fiscal year 2024 and each fiscal year thereafter for the operations and maintenance of the debris screen described in paragraph (1)(A). (e) Limitation of claims Chapter 171 and section 1346(b) of title 28, United States Code (commonly known as the Federal Tort Claims Act ), shall not apply to any claim arising from the activities of the Commission in carrying out this section, including any claim arising from damages that result from overflow of the International Outfall Interceptor due to excess inflow to the International Outfall Interceptor originating from Nogales, Sonora, Mexico. | https://www.govinfo.gov/content/pkg/BILLS-117s4548is/xml/BILLS-117s4548is.xml |
117-s-4549 | II 117th CONGRESS 2d Session S. 4549 IN THE SENATE OF THE UNITED STATES July 19, 2022 Mr. Cornyn (for himself, Mr. Durbin , Mr. Grassley , Mr. Coons , Mr. Cotton , Mr. Ossoff , Mrs. Blackburn , Mr. Whitehouse , and Mr. Kennedy ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide for a system for reviewing the case files of cold case murders at the instance of certain persons, and for other purposes.
1. Short title This Act may be cited as the Homicide Victims’ Families’ Rights Act of 2022 . 2. Case file review (a) In general The head of an agency shall review the case file regarding a cold case murder upon written application by one designated person to determine if a full reinvestigation would result in either the identification of probative investigative leads or a likely perpetrator. (b) Review The review under subsection (a) shall include— (1) an analysis of what investigative steps or follow-up steps may have been missed in the initial investigation; (2) an assessment of whether witnesses should be interviewed or reinterviewed; (3) an examination of physical evidence to see if all appropriate forensic testing and analysis was performed in the first instance or if additional testing might produce information relevant to the investigation; and (4) an update of the case file using the most current investigative standards as of the date of the review to the extent it would help develop probative leads. (c) Certification in lieu of review In any case in which a written application for review has been received under this Act by the agency, review shall be unnecessary where the case does not satisfy the criteria for a cold case murder. In such a case, the head of the agency shall issue a written certification, with a copy provided to the designated person that made the application under subsection (a), stating that final review is not necessary because all probative investigative leads have been exhausted or that a likely perpetrator will not be identified. (d) Reviewer A review required under subsection (a) shall not be conducted by a person who previously investigated the murder at issue. (e) Acknowledgment The agency shall provide in writing to the applicant as soon as reasonably possible— (1) confirmation of the agency’s receipt of the application under subsection (a); and (2) notice of the applicant’s rights under this Act. (f) Prohibition on multiple concurrent reviews Only one case review shall be undertaken at any one time with respect to the same cold case murder victim. (g) Time limit Not later than 6 months after the receipt of the written application submitted pursuant to subsection (a), the agency shall conclude its case file review and reach a conclusion about whether or not a full reinvestigation under section 4 is warranted. (h) Extensions (1) In general The agency may extend the time limit under subsection (g) once for a period of time not to exceed 6 months if the agency makes a finding that the number of case files to be reviewed make it impracticable to comply with such limit without unreasonably taking resources from other law enforcement activities. (2) Actions Subsequent to Waiver For cases for which the time limit in subsection (g) is extended, the agency shall provide notice and an explanation of its reasoning to one designated person who filed the written application pursuant to this section. 3. Application Each agency shall develop a written application to be used for designated persons to request a case file review under section 2. 4. Full reinvestigation (a) In general The agency shall conduct a full reinvestigation of the cold case murder at issue if the review of the case file required by section 2 concludes that a full reinvestigation of such cold case murder would result in probative investigative leads. (b) Reinvestigation A full reinvestigation shall include analyzing all evidence regarding the cold case murder at issue for the purpose of developing probative investigative leads or a likely perpetrator. (c) Reviewer A reinvestigation required under subsection (a) shall not be conducted by a person who previously investigated the murder at issue. (d) Prohibition on Multiple Concurrent Reviews Only one full reinvestigation shall be undertaken at any one time with respect to the same cold case murder victim. 5. Consultation and updates (a) In general The agency shall consult with the designated person who filed the written application pursuant to section 2 and provide him or her with periodic updates during the case file review and full reinvestigation. (b) Explanation of Conclusion The agency shall meet with the designated person and discuss the evidence to explain to the designated person who filed the written application pursuant to section 2 its decision whether or not to engage in the full reinvestigation provided for under section 4 at the conclusion of the case file review. 6. Subsequent reviews (a) Case file review If a review under subsection (a) case file regarding a cold case murder is conducted and a conclusion is reached not to conduct a full reinvestigation, no additional case file review shall be required to be undertaken under this Act with respect to that cold case murder for a period of five years, unless there is newly discovered, materially significant evidence. An agency may continue an investigation absent a designated person’s application. (b) Full Reinvestigation If a full reinvestigation of a cold case murder is completed and a suspect is not identified at its conclusion, no additional case file review or full reinvestigation shall be undertaken with regard to that cold case murder for a period of five years beginning on the date of the conclusion of the reinvestigation, unless there is newly discovered, materially significant evidence. 7. Data collection (a) In general Beginning on the date that is three years after the date of enactment of this Act, and annually thereafter, the Director of the National Institute of Justice shall publish statistics on the number of cold case murders. (b) Manner of Publication The statistics published pursuant to subsection (a) shall, at a minimum, be disaggregated by the circumstances of the cold case murder, including the classification of the offense, and by agency. 8. Procedures to promote compliance (a) Regulations Not later than one year after the date of enactment of this Act, the head of each agency shall promulgate regulations to enforce the right of a designated person to request a review under this Act and to ensure compliance by the agency with the obligations described in this Act. (b) Procedures The regulations promulgated under subsection (a) shall— (1) designate an administrative authority within the agency to receive and investigate complaints relating to a review initiated under section 2 or a reinvestigation initiated under section 4; (2) require a course of training for appropriate employees and officers within the agency regarding the procedures, responsibilities, and obligations required under this Act; (3) contain disciplinary sanctions, which may include suspension or termination from employment, for employees of the agency who are shown to have willfully or wantonly failed to comply with this Act; (4) provide a procedure for the resolution of complaints filed by the designated person concerning the agency’s handling of a cold case murder investigation or the case file evaluation; and (5) provide that the head of the agency, or the designee thereof, shall be the final arbiter of the complaint, and that there shall be no judicial review of the final decision of the head of the agency by a complainant. 9. Withholding information Nothing in this Act shall require an agency to provide information that would endanger the safety of any person, unreasonably impede an ongoing investigation, violate a court order, or violate legal obligations regarding privacy. 10. Multiple agencies In the case that more than one agency conducted the initial investigation of a cold case murder, each agency shall coordinate their case file review or full reinvestigation such that there is only one joint case file review or full reinvestigation occurring at a time in compliance with section 2(f) or 4(d), as applicable. 11. Applicability This Act applies in the case of any cold case murder occurring on or after January 1, 1970. 12. Definitions In this Act: (1) The term designated person means an immediate family member or someone similarly situated, as defined by the Attorney General. (2) The term immediate family member means a parent, parent-in-law, grandparent, grandparent-in-law, sibling, spouse, child, or step-child of a murder victim. (3) The term victim means a natural person who died as a result of a cold case murder. (4) The term murder means any criminal offense under section 1111(a) of title 18, United States Code, or any offense the elements of which are substantially identical to such section. (5) The term agency means a Federal law enforcement entity with jurisdiction to engage in the detection, investigation, or prosecution of a cold case murder. (6) The term cold case murder means a murder— (A) committed more than three years prior to the date of an application by a designated person under section 2(a); (B) previously investigated by a Federal law enforcement entity; (C) for which all probative investigative leads have been exhausted; and (D) for which no likely perpetrator has been identified. 13. Annual report (a) In general Each agency shall submit an annual report to the Committees on the Judiciary of the House of Representatives and of the Senate describing actions taken and results achieved under this Act during the previous year. (b) Report Described The report described in subsection (a) shall include— (1) the number of written applications filed with the agency pursuant to section 2(a); (2) the number of extensions granted, and an explanation of reasons provided under section 2(h); (3) the number of full reinvestigations initiated and closed pursuant to section 4; and (4) statistics and individualized information on topics that include identified suspects, arrests, charges, and convictions for reviews under section 2 and reinvestigations under section 4. | https://www.govinfo.gov/content/pkg/BILLS-117s4549is/xml/BILLS-117s4549is.xml |
117-s-4550 | II 117th CONGRESS 2d Session S. 4550 IN THE SENATE OF THE UNITED STATES July 19, 2022 Ms. Smith (for herself, Mrs. Murray , Ms. Warren , Mr. Van Hollen , Ms. Cortez Masto , Mr. King , Ms. Stabenow , Mr. Luján , Mr. Bennet , Mrs. Shaheen , Ms. Hirono , Mr. Padilla , Mr. Schatz , Ms. Hassan , Mr. Kaine , Mr. Menendez , Ms. Rosen , Mr. Blumenthal , Mr. Durbin , Mr. Wyden , Mr. Sanders , Mr. Markey , Ms. Baldwin , Mr. Reed , Mr. Merkley , Ms. Duckworth , Mr. Murphy , Mr. Kelly , Ms. Klobuchar , Mr. Warnock , Mr. Whitehouse , Mr. Warner , Mrs. Gillibrand , Mr. Brown , Mr. Booker , Mr. Hickenlooper , and Ms. Sinema ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide enhanced funding for family planning services.
1. Short title This Act may be cited as the Expanding Access to Family Planning Act . 2. Title X Clinic Fund (a) In general There is established a Title X Clinic Fund to be administered through the Office of the Secretary of the Department of Health and Human Services (referred to in this section as the Office of the Secretary ), to provide for expanded and sustained national investment in clinics providing family planning services supported under title X of the Public Health Service Act ( 42 U.S.C. 300 et seq. ) (referred to in this section as title X clinics ). (b) Funding There is appropriated to the Office of the Secretary for the Title X Clinic Fund, out of any monies in the Treasury not otherwise appropriated, for each of fiscal years 2023 through 2032— (1) $500,000,000 for necessary expenses for grants and contracts under title X of the Public Health Service Act ( 42 U.S.C. 300 et seq. ); and (2) $50,000,000 for infrastructure, including the construction and renovation (including equipment) of title X clinics. (c) Availability Amounts appropriated under subsection (b) shall remain available until expended. (d) Conditions on funding (1) Prohibition No recipient of funds made available under this section that makes a subaward for the provision of title X services may prohibit an entity from participating in such subaward program for reasons other than the entity's inability to provide such title X services. (2) Pregnancy counseling In the case of services provided by a title X clinic that receives funding made available under this section, all pregnancy counseling shall be nondirective, and, with respect to all patients of the title X clinic with a positive pregnancy test, the following shall apply: (A) All such patients shall be given the opportunity to be provided information and counseling regarding each of the following options: (i) Prenatal care and delivery. (ii) Infant care, foster care, and adoption. (iii) Pregnancy termination. (B) If the patient requests such information and counseling, such patient shall be provided with neutral, factual information and nondirective counseling on each option described in subparagraph (A), including referral upon request, except with respect to any option about which the patient indicates no interest in receiving such information and counseling. | https://www.govinfo.gov/content/pkg/BILLS-117s4550is/xml/BILLS-117s4550is.xml |
117-s-4551 | II 117th CONGRESS 2d Session S. 4551 IN THE SENATE OF THE UNITED STATES July 19, 2022 Mr. Young (for himself, Mr. Warner , Mr. Rubio , and Mr. Coons ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide a consumer protection framework necessary to support the growth of accessible, affordable, and accountable financing options for postsecondary education, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the ISA Student Protection Act of 2022 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Effective date. TITLE I—New consumer protections specific to income share agreements Sec. 101. Prohibition on acceleration; treatment of early completion mechanisms. Sec. 102. Consumer protections for educational income share agreements. Sec. 103. Discharge protections for ISA recipients. Sec. 104. Limitation on amounts treated as income under educational ISAs. TITLE II—Tax treatment of income share agreements Sec. 201. Tax treatment. TITLE III—Disclosures applicable to income share agreements Sec. 301. Disclosures. Sec. 302. Required disclosures for income share agreements. Sec. 303. Additional requirements for educational ISAs. Sec. 304. Advertising of income share agreements. TITLE IV—Other clarifications to support ISA programs Sec. 401. Treatment under securities laws. Sec. 402. Treatment under bankruptcy laws. Sec. 403. Consent to continuing release of taxpayer information under educational ISAs and income share agreements. Sec. 404. Interplay with the Higher Education Act of 1965. TITLE V—Applying existing consumer protections to income share agreements Sec. 501. Equal access to income share agreements. Sec. 502. Prohibition on requiring preauthorized electronic fund transfers under the Electronic Fund Transfer Act. Sec. 503. Treatment under the Fair Credit Reporting Act. Sec. 504. Treatment under the Fair Debt Collection Practices Act. Sec. 505. Treatment of educational income share agreements for purposes of Military Lending Act. Sec. 506. Treatment under the Servicemembers Civil Relief Act. Sec. 507. Preservation of consumers’ claims and defenses. TITLE VI—Relation to other laws Sec. 601. Treatment under other laws. Sec. 602. Relation to State law. TITLE VII—Enforcement and reporting Sec. 701. Enforcement. Sec. 702. Reporting requirement for the Bureau of Consumer Financial Protection. 2. Definitions In this Act: (1) Adverse action The term adverse action — (A) means a denial or revocation of rights under an income share agreement, a change in the terms of an existing income share agreement, or a refusal to grant an income share agreement in substantially the amount or on substantially the terms requested; and (B) does not include a refusal to extend additional disbursements or amounts financed under an income share agreement under an existing income share agreement arrangement if— (i) the applicant is delinquent or otherwise in default; or (ii) such additional amounts would exceed a previously established limit on the amount financed. (2) Amount financed The term amount financed means, with respect to an income share agreement, the amounts credited or advanced by the ISA provider to the ISA recipient or on behalf of the ISA recipient. (3) Annual percentage rate The term annual percentage rate means the annual percentage rate described in section 1026.22(a) of title 12, Code of Federal Regulations. (4) Applicant The term applicant means, with respect to an income share agreement, any individual who applies to an ISA provider directly or indirectly for an extension, renewal, or continuation of an income share agreement and includes applications for an additional amount exceeding a previously established limit on the amount financed. (5) Bureau The term Bureau means the Bureau of Consumer Financial Protection. (6) Comparable loan The term comparable loan means, with respect to an income share agreement, a loan that— (A) has an amount financed, as described in section 1026.18(b) of title 12, Code of Federal Regulations, that is equal to the total amount financed, as defined in paragraph (2), for the income share agreement; (B) has— (i) the same disbursements or financing dates, payment start date, and frequency of payments as the income share agreement; and (ii) an expected number of payments equal to the ISA maximum number of payments; and (C) is fully amortized over the ISA duration, with substantially equal periodic payments of principal and interest. (7) Consumer The term consumer means a natural person using an income share agreement for personal, family, or household purposes. (8) Consumer protection regulation The term consumer protection regulation means a regulation that the Bureau is authorized to prescribe under Federal consumer financial law, as defined in section 1002 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481 ). (9) Covered educational institution The term covered educational institution — (A) means— (i) an educational institution that would be an institution of higher education, if such determination was made without regard to the institution's accreditation status; and (ii) an institution-affiliated organization, as defined in section 151 of the Higher Education Act of 1965 ( 20 U.S.C. 1019 ); and (B) includes an agent, officer, or employee of the institution of higher education or institution-affiliated organization. (10) Date of the ISA The term date of the ISA means the date that is the later of— (A) the date on which the income share agreement is signed by the ISA recipient and the ISA provider; or (B) the date on which the income share agreement is accepted by the ISA recipient and the ISA provider. (11) Director The term Director means the Director of the Bureau. (12) Disbursement The term disbursement , when used with respect to an income share agreement, means the advance of ISA financing to an ISA recipient or the advancing of ISA financing to a third party on the ISA recipient’s behalf. (13) Educational ISA; educational income share agreement The term educational ISA or educational income share agreement — (A) means an income share agreement that— (i) is not made, insured, or guaranteed under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ) or another federally subsidized educational finance program; (ii) pays amounts to, or on behalf of, the ISA recipient for— (I) costs associated with a postsecondary training program, or any other program designed to increase the individual’s human capital, employability, or earning potential (and not limited to programs eligible to participate under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. )); (II) any personal expenses (such as books, supplies, transportation, and living costs) incurred by the individual while enrolled in a program described in subclause (I); (III) any other costs or expenses included in the definition of a qualified higher education expense , as defined in section 529(e)(3)(A) of the Internal Revenue Code of 1986; and (IV) the refinancing of loans or income share agreements used for the purposes described in subclauses (I) through (III), and without regard as to whether the income share agreement is provided by the educational institution that the ISA recipient attends; and (B) does not include a loan, open-end credit, or any loan or income share agreement that is secured by real property or a dwelling. (14) Education loan The term education loan means— (A) a loan made, insured, or guaranteed under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ) or any other loan made, insured, or guaranteed by the Federal Government; or (B) a private education loan, as such term is defined in section 140(a) of the Truth in Lending Act ( 15 U.S.C. 1650(a) ). (15) Income The term income means the ISA Recipient’s income, as established in the income share agreement under section 302(d)(8), subject to section 104. (16) Income share agreement (A) In general The term income share agreement means a financial product whereby— (i) (I) the ISA provider credits or advances financing to the ISA recipient or to a third party on behalf of the ISA recipient; or (II) if the ISA provider is a merchant financing the sale of goods or services to the ISA recipient via the financial product, the ISA provider credits the amount financed toward the purchase of such goods or services; (ii) the ISA recipient is obligated to make periodic ISA payments (if any become due) to the ISA provider in the future calculated based upon and determined by the ISA recipient’s future income; (iii) the ISA recipient’s obligation to make payments (if any become due) to the ISA provider is conditional on the ISA recipient’s income exceeding the income threshold set in the income share agreement; (iv) there is an ISA duration after which the obligation is complete regardless of how much has been paid (as long as the ISA recipient has paid any prior amounts due); (v) the ISA provider and the ISA recipient enter into an agreement that, as of the date of the ISA, includes each element described in clauses (i) through (iv); and (vi) the agreement states that it is an income share agreement and subject to this Act. (B) Special rule If a provider offers a financial product that meets the requirements of clauses (i) through (v) but does not include the statement described in clause (vi), then the financial product is not an income share agreement and shall be considered credit. (17) Income threshold The term income threshold means a fixed dollar amount that is the minimum income per payment period that an ISA recipient is required to earn before the ISA recipient is required to make a payment on an income share agreement for such payment period. (18) Institution of higher education The term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). (19) ISA duration The term ISA duration means the maximum length of time during which the income of an ISA recipient can be subject to an ISA payment (absent periods of payment relief pause at the request of the ISA recipient). (20) ISA financing The term ISA financing means the disbursement of funds by an ISA provider under an income share agreement. (21) ISA maximum number of payments The term ISA maximum number of payments means the maximum number of ISA payments (during ISA payment periods in which the ISA recipient’s income is greater than the income threshold) that an ISA recipient could be required to make. (22) ISA payment The term ISA payment — (A) means the amount of an ISA recipient’s periodic payment obligation, based on the terms of the income share agreement, during any payment period for which the ISA recipient's income is greater than the income threshold; and (B) is calculated using the ISA payment calculation method, based on the ISA recipient’s income for the specified period. (23) ISA payment calculation method The term ISA payment calculation method means the ISA percentage, or the schedule of fixed dollar amounts based on the ISA recipient’s income for a payment period, that is used to calculate an ISA recipient’s ISA payment under the income share agreement. (24) ISA payment window The ISA payment window means the period during which the ISA recipient is required to make ISA payments in periods where the ISA recipient's income is greater than the income threshold for the income share agreement. (25) ISA percentage The term ISA percentage means a percentage of income (or schedule of percentages of income based on the ISA recipient's income in a given ISA payment period) used to calculate an ISA recipient’s ISA payment pursuant to an income share agreement. (26) ISA provider The term ISA provider means a person that provides financing to an ISA recipient pursuant to an income share agreement or, in the case of a person who is a merchant financing the sale of goods or services to the ISA recipient, the merchant. (27) ISA recipient The term ISA recipient means a consumer that receives financing from an ISA provider pursuant to an income share agreement. (28) Loan The term loan means a financial product that— (A) is credit, as defined in section 1026.2(a) of title 12, Code of Federal Regulations; (B) is not an income share agreement; and (C) involves the advance of a sum of money to a borrower under an obligation to repay the principal with a corresponding right to defer payment of the principal balance with or without interest. (29) Loan comparison The term loan comparison means the comparison table required under section 302(d)(9). (30) Payment relief pause The term payment relief pause means a period of time that— (A) is requested by the ISA recipient during which any payment obligation the ISA recipient would have is suspended; and (B) does not count toward an ISA recipient’s ISA payment window or ISA maximum number of payments. (31) Person The term person means a natural person or an organization, including a corporation, partnership, proprietorship, association, cooperative, estate, trust, or government unit. (32) Poverty line The term poverty line has the meaning given the term in section 673 of the Community Services Block Grant Act ( 42 U.S.C. 9902 ). (33) Secretary The term Secretary means the Secretary of Education. (34) State The term State means the several States of the United States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. (35) State law The term State law means— (A) any law, decision, rule, regulation, or other action having the effect of a law of any State or any political subdivision of a State, or any agency or instrumentality of a State or political subdivision of a State; and (B) any law of the United States applicable only to the District of Columbia. 3. Effective date This Act, and the amendments made by this Act, shall take effect on the date that is 180 days after the date of enactment of this Act. I New consumer protections specific to income share agreements 101. Prohibition on acceleration; treatment of early completion mechanisms (a) No acceleration (1) In general An ISA provider shall not include any mechanism in an income share agreement that accelerates an amount against an ISA recipient in the event of a default under the income share agreement. (2) Effect of acceleration clause Any agreement with an acceleration mechanism described in paragraph (1) shall, for purposes of all Federal law, be treated as credit under Federal law and shall not be treated as an income share agreement. (b) No impact on early completion mechanisms Notwithstanding subsection (a)— (1) an income share agreement may contain an early completion provision that allows the ISA recipient to terminate the income share agreement prior to any trigger terminating further obligations under the income share agreement (such as a total cap on payments due to the ISA provider or other rights to partially or fully terminate further obligations under the income share agreement) if the early completion provision is optional to the ISA recipient and within the ISA recipient’s control; and (2) such early completion mechanism shall not be treated as a form of acceleration prohibited under subsection (a), an early completion penalty, or a prepayment penalty. 102. Consumer protections for educational income share agreements (a) Monthly payment affordability for educational ISAs (1) Maximum ISA income obligation for educational ISAs An ISA provider shall not enter into an educational ISA with an ISA recipient if the ISA recipient would be committing more than a total of 20 percent of the student's future income toward the payment of such educational ISA and all other educational ISAs of the ISA recipient. (2) Self-certification In calculating the portion of a student's future income for purposes of this subsection, the ISA provider may rely on a self-certification from the ISA recipient regarding the ISA recipient’s outstanding educational ISAs, as of the date of the agreement. (3) Calculation methodology and requirements (A) In general For the purposes of calculating the portion of an ISA recipient's future income that would be consumed by the educational ISA for which the ISA recipient has applied and all other educational ISAs of the ISA recipient as of the date of the agreement, the ISA provider shall calculate the aggregate future burden— (i) in any case where the income threshold of the educational ISA is less than the maximum described in subparagraph (B), at hypothetical future income levels from such income threshold to the such maximum, in increments of $10,000; and (ii) in any case where the income threshold of the educational ISA is equal to or greater than such maximum, at such income threshold. (B) Maximum The maximum described in this subparagraph shall be the greater of— (i) (I) for fiscal year 2023, $70,000; or (ii) for fiscal year 2024 and each subsequent fiscal year, the maximum for the preceding fiscal year— (I) increased by the percentage increase in the consumer price index; and (II) rounded to the nearest $1,000; and (iii) in the case of an ISA recipient who has (as of the date of the agreement), or has applied for, an educational ISA that uses a schedule of income percentages or a schedule of fixed amounts as the ISA payment calculation method, the highest income level referenced by a schedule for any such educational ISA. (C) Calculation (i) In general The terms of an educational ISA for which the ISA recipient has applied cannot cause the student’s aggregate future burden (defined as the total amounts expected to be due under all educational ISAs of the ISA recipient as of the date of the agreement, and all educational ISAs for which the ISA recipient is applying) to exceed the limit in paragraph (1) at any of the income increments described in subparagraph (A). (ii) Calculation method For the purpose of calculating the percentage burden of an educational ISA at a given future income level, the ISA provider shall, as applicable, use— (I) the income percentage that would be applicable for the educational ISA at such income level; or (II) the fixed amount applicable for the educational ISA at such income level, divided by such income level. (4) Protections during periods of low earnings (A) In general The educational ISA shall provide that when an ISA recipient has an income that is equal to or below the income threshold of the educational ISA, the ISA payment obligation is zero dollars. (B) Threshold amount The income threshold for an educational ISA shall be an amount such that the difference between the ISA recipient’s income for the payment period, minus the subtraction of any ISA obligation, is not less than 200 percent of the poverty line for a single person (as defined in section 673 of the Community Services Block Grant Act ( 42 U.S.C. 9902 )), prorated for the payment period. (5) Required payment relief pauses An educational ISA shall offer not less than 3 months of voluntary payment relief pauses (as long as the ISA recipient’s current income at the time of requesting the payment relief pause is equal to or less than 400 percent of the Federal poverty line (as defined in section 673 of the Community Services Block Grant Act ( 42 U.S.C. 9902 )) for a single individual) for every 30 income-determined payments required under the educational ISA. (b) Ensuring appropriate risk sharing for educational ISAs The payments required under an educational ISA for an individual with income during the payment term that is less than or equal to 300 percent of the poverty line for a single individual, prorated for the payment period, shall not exceed the payments on a comparable loan that bears interest at a rate less than or equal to one-half of the annual percentage rate of interest limitation under section 987(b) of title 10, United States Code. (c) Limits on duration of educational ISA obligation (1) ISA maximum number of payments The ISA maximum number of payments shall not exceed 240 monthly payments. (2) ISA duration The ISA duration of an educational ISA shall not exceed 360 months (except in the case of an extension requested by the ISA recipient). (d) Non-Interference An educational ISA shall not be construed to give the contract holder any rights over an individual’s actions other than as provided in this Act. 103. Discharge protections for ISA recipients (a) Permanent and total disability In any case where an ISA recipient would be deemed totally and permanently disabled for purposes of benefits administered by the Department of Veterans Affairs or the Social Security Administration (determined without regard to whether the recipient receives such benefits), all further obligations of the ISA recipient under the income share agreement shall terminate, except those accruing before the date such a determination would apply. (b) Death Upon the death of an ISA recipient, all further obligations of the ISA recipient under the income share agreement shall terminate, except those obligations accruing before the ISA recipient’s date of death. 104. Limitation on amounts treated as income under educational ISAs (a) In general For purposes of calculating the obligation of an ISA recipient to make ISA payments under an educational ISA, the income of the ISA recipient shall not include— (1) the income of any child or dependent of the ISA recipient; (2) any item of income which is not included in the gross income of the ISA recipient; (3) any amount received from an individual retirement plan (as defined in section 7701 of the Internal Revenue Code of 1986), a pension, or an annuity; or (4) any social security benefit (as defined in section 86 of such Code). (b) Estimating income (1) In general In the event that an ISA recipient fails to provide income documentation as reasonably required by the income share agreement, an ISA provider may assign an amount of income to the participant and compute the monthly payment amount for the participant by any of the following methods, to the extent disclosed in the income share agreement: (A) Assigning an income amount obtained from a reasonably reliable third party or a consumer reporting agency, as defined in section 603(f) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a(f) ). (B) If the participant previously provided income documentation or has had an income assigned in the preceding 1-year period, assuming that such income has increased by up to 10 percent, but such increase may not be applied more than once per 1-year period. (C) Contacting the employer of the participant, or any person or entity reasonably believed to the employer of the participant, to obtain, verify, or update the income information of the participant. (D) Contacting the State revenue department or the Internal Revenue Service to obtain the most recent information available about the income of the participant. (E) For educational ISA providers, in any case where the ISA provider has no prior history of income information from the participant, assigning a reasonable qualified income based on— (i) the median income for individuals working in the profession for which the educational program of the participant was intended to prepare the participant, as determined by information published by the Bureau of Labor Statistics or other reasonably reliable publicly available data sources; or (ii) the median income of participants who attended the same or a reasonably comparable covered educational program or course of study, as determined by information published by the Bureau of Labor Statistics or other reasonably reliable publicly available data sources. (2) Notification If an ISA provider assigns an income to the income share agreement of a participant, the ISA provider— (A) shall notify the participant in the monthly billing statement, and in each billing statement thereafter while the assigned income remains applicable to the income share agreement of the participant, that income has been assigned and of the rights of the participant under this section; (B) in any tax year for which the ISA provider has made an assumption about an individual’s income using any of the methods described in the prior paragraph and if the participant has authorized ongoing access to the participant’s return information under section 403, shall request such information in each year of the payment term; (C) if the participant does provide income information as reasonably required by the income share agreement within 1 year of the date on which the ISA provider notified the participant that assigned income shall be applied to the income share agreement or if the ISA provider receives updated income information through return information authorized under section 403, then, within 15 days after the date on which the ISA provider receives such information, shall— (i) update each prior instance in which assigned income was applied using such new income information; and (ii) reconcile any difference in amounts owed by the participant based on those updates to prior income; and (D) if the participant provides income information more than 1 year after the ISA provider first assigned income to the income share agreement of the participant, may, but shall not be obligated to, update each prior instance in which assigned income was applied using the income information provided by the participant. (3) Records retention An ISA provider that assigns income to an income share agreement shall retain all applicable records relating to the method and data sources used to make such estimation for 3 years after the end of that income share agreement. II Tax treatment of income share agreements 201. Tax treatment (a) In general Subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following: XII Rules relating to qualified educational income sharing agreements Sec. 293. Rules related to qualified educational ISAs. 293. Rules related to qualified educational ISAs (a) In general For purposes of this title, an educational ISA shall not be treated as indebtedness. (b) Treatment of ISA recipient (1) Income exclusion In the case of an individual— (A) In general Gross income shall not include so much of the amount received under an educational ISA as does not exceed amounts paid or credited to such individual under such qualified educational ISA for costs and expenses described in section 2(13)(A)(ii)(II) of the ISA Student Protection Act of 2022 . (B) Difference in payments In any case in which the amount provided to the individual under the educational ISA exceeds the total payments made by the individual under the educational ISA, gross income shall not include the amount of such excess. (2) Certain amounts treated as interest on qualified education loans (A) In general For purposes of section 221, the amount described in subparagraph (B) with respect to any educational ISA shall be treated as interest paid by the taxpayer during the taxable year on a qualified education loan. (B) Amount described The amount described in this subparagraph with respect to any educational ISA is, for any taxable year, the excess of— (i) amounts paid by the taxpayer to another person under the terms of a qualified educational ISA during such taxable year, over (ii) the excess of— (I) the aggregate amount received under such qualified educational ISA during such taxable year and all preceding taxable years, over (II) the aggregate amounts paid by the taxpayer to another person under the terms of such qualified educational ISA during all preceding taxable years. (3) Amounts treated as educational assistance For purposes of section 127(c)(1)(B), amounts paid by an employer in satisfaction of obligations of an employee under a qualified educational ISA shall be treated in the same manner as a payment of principal or interest on a qualified education loan. (c) Treatment of ISA funder Gross income shall not include so much of any amount received as a payment from a recipient under an educational ISA funded by the taxpayer as does not exceed the excess of— (1) the aggregate amount of financing provided by the taxpayer under such educational ISA, over (2) the aggregate amount of such payments taken into account under this subsection by the taxpayer for all preceding taxable years. (d) Definitions For purposes of this section— (1) Educational ISA The term educational ISA has the meaning given such term under section 2 of the ISA Student Protection Act of 2022 . (2) Qualified educational ISA The term qualified educational ISA means an educational ISA that is extended for expenses at an institution of higher education that participates in a student financial assistance program under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ). . (b) Conforming amendment The table of parts for subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: PART XII—Rules relating to qualified educational income sharing agreements . III Disclosures applicable to income share agreements 301. Disclosures The following disclosures shall be provided to ISA recipients: (1) In general An ISA provider (regardless of whether the ISA provided is an educational ISA) shall provide, to any individual that applies for or signs an income share agreement, a written document that clearly and simply discloses the information required by this Act. (2) Application The provisions of this title shall not apply to— (A) income share agreements primarily for business, commercial, or agricultural purposes; (B) government or governmental agencies or instrumentalities; (C) organizations; or (D) transactions for which the Bureau, by rule, determines that coverage under the provisions of this title are not necessary to carry out the purposes of this title. (3) Regulations Not later than 270 days after the date of enactment of this Act, the Bureau shall prescribe regulations to carry out the purposes of this title, which may contain such additional requirements, classifications, differentiations, or other provisions, and may provide for such adjustments and exceptions for all or any class of transactions, as in the judgment of the Bureau are necessary or proper to effectuate the purposes of this title, to prevent circumvention or evasion thereof, or to facilitate compliance therewith. (4) Model disclosure forms and clauses (A) In general Not later than 270 days after the date of enactment of this Act, the Bureau shall publish a model integrated disclosure for educational ISAs and a model integrated disclosure for income share agreements generally in order to facilitate compliance with the disclosure requirements of this Act and aid ISA recipients in understanding the transaction by utilizing readily understandable language to simplify the technical nature of the disclosures. (B) Consideration In devising the disclosure forms required under subparagraph (A), the Bureau shall consider the use by ISA providers of data processing or similar automated equipment. (C) Rule of construction Nothing in this title may be construed to require an ISA provider to use any model form or clause published by the Bureau under this section. (D) Compliance An ISA provider shall be deemed to be in compliance with the disclosure provisions of this title with respect to other than numerical disclosures if the ISA provider— (i) uses any appropriate model form or clause as published by the Bureau under this section; or (ii) uses any such model form or clause and changes the form or clause by— (I) deleting any information that is not required under this title; or (II) rearranging the format, if in making such deletion or rearranging the format, the ISA provider does not affect the substance, clarity, or meaningful sequence of the disclosure. (5) Procedures applicable for adoption of model forms and clauses Model disclosure forms and clauses under this section shall be adopted by the Bureau after notice duly given in the Federal Register and an opportunity for public comment in accordance with section 553 of title 5, United States Code. (6) Effective dates of regulations containing new disclosure requirements (A) In general Any regulation of the Bureau, or any amendment or interpretation thereof, requiring any disclosure which differs from the disclosures previously required by this title or any regulation of the Bureau promulgated under this title shall have an effective date of that October 1 which follows by not less than 6 months the date of promulgation, except that the Bureau may at its discretion take interim action by regulation, amendment, or interpretation to lengthen the period of time permitted for ISA providers to adjust their forms to accommodate new requirements or shorten the length of time for ISA providers to make such adjustments when the ISA provider makes a specific finding that such action is necessary to comply with the findings of a court or to prevent unfair or deceptive disclosure practices. (B) Compliance Notwithstanding subparagraph (A), any ISA provider may comply with any such newly promulgated disclosure requirements prior to the effective date of the requirements. (7) Deference Notwithstanding any power granted to any Federal agency under this Act, the deference that a court affords to the Bureau with respect to a determination made by the Bureau relating to the meaning or interpretation of any provision of this Act, shall be applied as if the Bureau were the only agency authorized to apply, enforce, interpret, or administer the provisions of this Act. 302. Required disclosures for income share agreements (a) Disclosures requirements for all ISAs (1) In general The ISA provider shall make the disclosures required by this section clearly and conspicuously in writing, in a form that the ISA recipient may retain. (2) Electronic form The disclosures required by this section may be provided to the ISA recipient in electronic form in accordance with the Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. 7001 et seq. ). (3) Other requirements The disclosures required by this section shall— (A) be grouped together; (B) be segregated from anything that is not such a disclosure; and (C) only contain information directly related to the disclosures required under this section. (b) Use of estimates If any information necessary for an accurate disclosure is unknown to the ISA provider, the ISA provider shall make the disclosure based on the best information reasonably available at the time the disclosure is provided to the ISA recipient, and shall state clearly that the disclosure is an estimate. (c) Multiple ISA providers, multiple ISA recipients (1) Multiple ISA providers In any case where an income share agreement transaction involves more than one ISA provider, only one set of disclosures shall be given and the ISA providers shall agree among themselves which ISA provider shall comply with the requirements that this title imposes on any or all of the ISA providers. (2) Multiple ISA recipients In any case where an income share agreement transaction has more than one ISA recipient, the disclosures may be made to any ISA recipient whose income will be used to calculate the ISA payments due to the ISA provider. (d) Content of disclosures An ISA provider of an income share agreement (regardless of whether the income share agreement is an educational ISA) shall provide, to any person that applies for or signs a consumer income share agreement, a written document that clearly and simply discloses the following information: (1) A statement that the income share agreement is not a fixed payment installment loan, and that the amount the ISA recipient will be required to pay under the income share agreement may be more or less than the amount financed by the ISA provider and will vary in proportion to the ISA recipient’s future income. An ISA provider may satisfy the requirements of this paragraph by providing a table that compares periodic payments under the ISA at different income levels showing that payments vary with income, or that also compares such periodic payments under the ISA at different income levels with a loan product. (2) In the case of an educational ISA, the following statement: This income share agreement is not a grant or scholarship. If your income is above the income Threshold, you will have to make payments under this income share agreement. . (3) The following statement: Payments due under this income share agreement are determined by your income. Your payments are calculated using the ISA payment calculation method described in your ISA. The amount you pay may be more than, equal to, or less than the amount financed. . (4) In a series of boxes or other device designed to feature the following information more prominently than elsewhere in the income share agreement disclosures, the following information: (A) The term Amount Financed and the dollar amount of the amount funded, followed by a description that states, The amount of funds you will receive or that will be credited on your behalf. . (B) The term ISA Payment Calculation Method and the following: (i) In the case of an ISA payment calculation method that is a percentage (or schedule of percentages), such percentage (or schedule of percentages) followed by a description that states, The percentage of your income used to calculate your ISA Payment. and, if the ISA payment calculation method is a schedule of percentages, an explanation of where the ISA recipient can learn more about how the ISA recipient’s income percentage is determined. (ii) In the case of an ISA payment calculation method that is a schedule of fixed dollar amounts calculated based on the ISA recipient's income for a payment period, the schedule of fixed amounts (or a reference to the location of the schedule in the ISA) followed by a description that states, The amount of your ISA payment will vary based on your income. See your ISA for more information. . (C) The term Maximum Number of Income-Determined Payments and the ISA maximum number of payments, followed by a description that states, The maximum number of ISA Payments you will make when your income is above the income threshold. . (D) The term Maximum Duration and the ISA duration, followed by a description that states, The maximum amount of time that you are required to make income-determined payments, excluding any extensions that you request. . (E) The term Income Threshold and the income threshold for the income share agreement, followed by a description that states, The minimum income you must make in order to trigger a payment obligation under this income share agreement. If your income is less than or equal to this income threshold, you will not owe any ISA Payments for that period. . (5) A statement that during periods in which the ISA recipient’s income is not above the income threshold— (A) the ISA recipient will not owe an ISA payment for that period of time; and (B) any such period of non-payment will not count towards the ISA maximum number of payments but will count toward the ISA duration. (6) A statement that the obligations of the ISA recipient under the income share agreement would be dischargeable in a case under title 11, United States Code, in the same manner as a loan that is not described in section 523(a)(8) of title 11, United States Code. (7) A description of the terms under which the obligations of the ISA recipient under the income share agreement shall be extinguished in advance of the full ISA duration. (8) The definition of income to be used for purposes of calculating the ISA recipient’s obligation under the income share agreement, subject to section 104(a). (9) A comparison table that includes the following: (A) (i) The amounts and number of ISA payments that an ISA recipient would be required to pay under the income share agreement at a range of annual income levels stated as both a monthly and annual income amount. (ii) The income levels used in the disclosure under this paragraph shall include, at a minimum, the obligations for the ISA recipient— (I) with no income; (II) with income at the income threshold; and (III) for various income scenarios, including, at a minimum, calculations at annual incomes of $40,000, $60,000, $80,000, $100,000, $125,000, $150,000, $175,000, and $200,000. (iii) The comparison table under this paragraph shall include the following statement: This table assumes you have the same Income over the entire term of your income share agreement. It does not take into account changes in Income. Your Income will likely change over time. . (B) The total of all ISA payments over the life of the income share agreement that the ISA recipient will have made in each of the income level scenarios described in subparagraph (A). (C) The amounts and number of payments, the total of all payments, and the annual percentage rate required to be paid under one or more comparable loans, including, at a minimum— (i) if elected by the Bureau, a loan at a fixed or variable rate and with a number of payments determined by the Bureau to be an approximation of the fixed or variable interest rate available to ISA recipients in the private marketplace; (ii) for an educational ISA, a comparable loan made under part D of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a et seq. ) (including subsidized and unsubsidized scenarios), if the individual would be eligible for such a loan; and (iii) for an income share agreement that is not an educational ISA, a loan or loans that the ISA provider believes, in good faith, represents other alternative loan options available for the ISA recipient. (10) A statement of the intent of the ISA provider to engage in an annual process of reconciliation to determine if the ISA recipient’s ISA payments for the preceding year are more than, equal to, or less than the ISA payments owed under the income share agreement, including— (A) a description of the process in which the ISA recipient must participate in order for the ISA provider to verify the ISA recipient’s income; and (B) a description of any tax records or forms that the ISA recipient must execute or that the ISA provider intends to submit to the Internal Revenue Service. (11) A disclosure of the following items, to the extent applicable: (A) The amount that is or will be paid directly to the ISA recipient. (B) The amount that is or will be credited to the ISA recipient’s account to discharge obligations owed to the ISA provider. (C) Each amount that is or will be paid to third persons by the ISA provider on the ISA recipient’s behalf, together with an identification of or reference to the third person. (D) The total amount of any charges that will be paid by the ISA recipient before or at the time of the consummation of the transaction, or have been withheld from the proceeds of the income share agreement. (12) The name and mailing address of the ISA provider. (13) A payment schedule that— (A) shows the date upon which the first ISA payment is expected to be due or, if such date is not reasonably knowable— (i) an estimated date using the best information available to the ISA provider; or (ii) a statement of the events that will trigger the first payment; and (B) reflects each date thereafter during the ISA duration that an ISA payment may be due. (e) Additional disclosure elements The Director may, through a rulemaking process— (1) add additional items to be disclosed under subsection (d) if consumer testing shows those elements would help consumers better understand the nature of the ISA obligation or better compare it with other products; and (2) require that additional income scenarios be included in the comparison table under paragraph (9)(A)(ii)(III), taking into account the income levels the ISA recipient might reasonably be expected to make given the intended use of the funds provided under the income share agreement, except in no case shall the number of scenarios exceed 20. 303. Additional requirements for educational ISAs (a) Additional disclosure timing rules for educational ISAs The following additional provisions apply to any income share agreement that is an educational ISA: (1) Application and solicitation (A) In general The ISA provider of an educational ISA that is to be used solely for postsecondary educational expenses shall provide the disclosures described in subsection (b)(1) with any application or solicitation for the educational ISA. For purposes of this section, the term solicitation means an offer of an income share agreement that does not require the potential ISA recipient to complete an application. (B) Telephone applications or solicitations In the case of a telephone application or solicitation for an educational ISA, the ISA provider shall provide the disclosure by, at its option— (i) disclosing orally the information described in subsection (b)(1); or (ii) mailing a copy of the disclosure described in subsection (b)(1) not later than 3 business days after the potential ISA recipient has applied for the educational ISA. (C) Special rule For an income share agreement that the ISA recipient may use for multiple purposes including postsecondary educational expenses, the ISA provider need not provide the disclosures required under subsection (b)(1) in the application or solicitation. (2) Approval disclosures The ISA provider shall provide the disclosures required by subsection (b)(2) before consummation on, or with any notice of approval provided to the applicant for, an educational ISA. If the ISA provider mails notice of approval, the disclosures shall be mailed with the notice. If the ISA provider communicates notice of approval by telephone, the ISA provider shall mail the disclosures not later than 3 business days after providing the notice of approval. If the ISA provider communicates notice of approval electronically, the ISA provider shall provide the disclosure, at its option, either in electronic form in accordance with the requirements of this title or by mailing the disclosure not later than 3 business days after communicating the notice of approval. If the ISA provider communicates approval in person, the ISA provider shall provide the disclosures to the applicant for an income share agreement at that time. (3) Final disclosures The disclosures required by subsection (b)(3) shall be provided after the ISA recipient accepts the income share agreement. (4) Receipt of mailed disclosures If a disclosure under paragraph (1), (2), or (3) is mailed to the potential ISA recipient or ISA recipient, as the case may be, the potential ISA recipient or ISA recipient shall be deemed to have received the disclosure 5 business days after the disclosure is mailed. (5) Basis of disclosures and use of estimates in educational ISAs (A) Legal obligation Disclosures shall reflect the terms of the legal obligation between the parties. (B) Estimates If any information necessary for an accurate disclosure is unknown to the ISA provider, the ISA provider shall make the disclosure based on the best information reasonably available at the time the disclosure is provided, and shall state clearly that the disclosure is an estimate. (6) Effect of subsequent events (A) Approval disclosures If a disclosure made under paragraph (2) becomes inaccurate because of an event that occurs after the ISA provider delivers the required disclosures, the inaccuracy is not a violation of this Act, although new disclosures may be required in accordance with this title. (B) Final disclosures If a disclosure under paragraph (3) becomes inaccurate because of an event that occurs after the creditor delivers the required disclosures, the inaccuracy is not a violation of this Act. (b) Additional disclosures for educational ISAs In addition to the other disclosure requirements of this title, an ISA provider of an educational ISA shall provide the disclosures required under this subsection as follows: (1) Application and Solicitation Disclosure On or with a solicitation or an application for an educational ISA, an ISA provider shall disclose the following: (A) ISA payment calculation method (i) The ISA payment calculation method that applies to the educational ISA and actually offered by the ISA provider at the time of application or solicitation. If the ISA payment calculation method will depend, in part, on a later determination of the ISA recipient’s creditworthiness or other factors, a statement that the ISA payment calculation method for which the ISA recipient may qualify will depend on the ISA recipient’s creditworthiness and other factors, if applicable. (ii) In the case of an ISA payment calculation method that is based on a schedule of percentages— (I) an explanation of how the schedule of percentages is calculated using percentages of income based on the ISA recipient’s income; and (II) the timing for recalculation of the ISA recipient’s payments under the schedule of percentages. (iii) In the case of an ISA payment calculation method that is based on a schedule of fixed amounts that an ISA recipient is required to pay that is calculated based on the ISA recipient's income for a payment period— (I) an explanation of how the schedule of fixed amounts is calculated using fixed amounts based on the ISA recipient’s income; and (II) the timing for recalculation of the ISA recipient’s payments under the schedule of fixed amounts. (B) Fees and Default or Late Payment Costs (i) An itemization of the fees or range of fees required to obtain the educational ISA. (ii) Any fees or other penalties based on the ISA recipient’s default or late payment. (C) Payment Terms (i) The ISA duration, or range of ISA durations, offered by the ISA provider. (ii) A description of any payment deferral options. (D) Cost Estimates Using the highest dollar amount or percentage applicable under the ISA payment calculation method described in subparagraph (A)(i) and using an amount financed of $10,000, or $5,000 if the ISA provider only offers income share agreements of this type for less than $5,000, the loan comparison based on these assumptions. (E) Eligibility Any age or school enrollment eligibility requirements relating to the ISA recipient. (F) Alternative to income share agreements (i) With respect to an educational ISA that might be used for postsecondary expenses at an institution of higher education that participates in a student financial assistance program under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. )— (I) a statement the ISA recipient may qualify for Federal student financial assistance through a program under such title; and (II) the interest rates for each program of financial assistance available under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ) and information regarding whether the rates for the loans available under such title are fixed or variable. (ii) If applicable to the student’s circumstances, a statement that the ISA recipient may obtain additional information concerning Federal student financial assistance from the institution of higher education that the student attends, or at the website of the Department of Education, including an appropriate website address for the Department. (iii) A statement that an institution of higher education may have school-specific education loan benefits and terms not detailed on the disclosure form. (G) Rights of the consumer A statement that if the application for the educational ISA is approved by the ISA provider, the terms of the educational ISA will be available and will not change for 30 days except as a result of adjustments to the ISA payment calculation method, ISA duration, or ISA maximum number of payments and other changes permitted by law. (H) Self-certification information A statement that, before the educational ISA may be consummated, the ISA recipient must complete the self-certification form and that the form may be obtained from the institution of higher education that the student attends. (I) Overall educational finance obligation notice The following statement: IMPORTANT NOTICE REQUIRED BY LAW: Students are cautioned to consider carefully entering into this Income Share Agreement if their total future payment commitment, including any other forms of education finance, may exceed 20 percent of their expected future income. Your total future obligation may exceed this percentage if you have received additional education financing, including other income share agreements, Department of Education Direct or FFEL Loans, or private education loans. . (2) Disclosures upon approval of an ISA Upon approval of an educational ISA by an ISA provider, the ISA provider shall disclose the information required under section 302(d) and the following information: (A) ISA payment calculation method (i) The ISA payment calculation method that applies to the educational ISA. (ii) In the case of an ISA payment calculation method that is based on a schedule of percentages— (I) an explanation of how the schedule of percentages is calculated using percentages of income based on the ISA recipient’s income; and (II) the timing for recalculation of the ISA recipient’s payments under the schedule of percentages. (iii) In the case of an ISA payment calculation method that is based on a schedule of fixed amounts that an ISA recipient is required to pay based on the ISA recipient's income for a payment period— (I) an explanation of how the schedule of fixed amounts is calculated using fixed amounts based on the ISA recipient’s income; and (II) the timing for recalculation of the ISA recipient’s payments under the schedule of fixed amounts. (B) Fees and default or late payment costs (i) An itemization of the fees or range of fees required to obtain the educational ISA. (ii) Any fees or other penalties based on the ISA recipient’s defaults or late payments. (C) Payment terms (i) The ISA duration, or range of ISA durations, offered by the ISA provider. (ii) A description of any payment deferral options. (D) Cost Estimates The following disclosure shall be made using the ISA payment calculation method, ISA duration, and ISA maximum number of payments for which the ISA recipient has been approved: (i) The loan comparison based on these assumptions. (ii) A description of the payment deferral option chosen by the ISA recipient, if applicable, and any other payment deferral options that the ISA recipient may elect at a later time. (iii) Any payments required while the ISA recipient is enrolled at a covered educational institution, based on the deferral option chosen by the ISA recipient. (E) Alternatives to private education income share agreements, if applicable to the student In the case of an educational ISA that may be used for education expenses at an institution of higher education that participates in the student financial assistance programs under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ), the following: (i) A statement that the ISA recipient may qualify for Federal student financial assistance through a program under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ). (ii) The interest rates for each program of financial assistance available under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ) and information regarding whether the rates for the loans available under such title are fixed or variable. (iii) A statement that the ISA recipient may obtain additional information concerning Federal student financial assistance from the institution of higher education that the student attends, or at the website of the Department of Education, including an appropriate website address for the Department. (F) Rights of the ISA recipient (i) A statement that the ISA recipient may accept the terms of the income share agreement until the last day of the acceptance period described in subsection (d)(1). (ii) The specific date on which the acceptance period expires, based on the date upon which the ISA recipient receives the disclosures required under this paragraph for the income share agreement. (iii) A specification of the method or methods by which the ISA recipient may communicate acceptance. (iv) A statement that, except for changes to the ISA payment calculation method and other changes permitted by law, the rates and terms of the income share agreement may not be changed by the ISA provider during the period described in clause (i). (G) Overall educational finance obligation notice The following statement: IMPORTANT NOTICE REQUIRED BY LAW: Students are cautioned to consider carefully entering into this Income Share Agreement if their total future payment commitment, including any other forms of education finance, may exceed 20 percent of their expected future income. Your total future obligation may exceed this percentage if you have received additional education financing, including other income share agreements, Department of Education Direct or FFEL Loans, or private education loans. . (3) Final disclosures After the ISA recipient has accepted the income share agreement in accordance with subsection (d)(1), the ISA provider shall disclose to the ISA recipient the information required by this section and the following information: (A) ISA payment calculation method (i) The ISA payment calculation method applicable to the income share agreement. (ii) In the case of an ISA payment calculation method that is based on a schedule of percentages— (I) an explanation of how the schedule of percentages is calculated using percentages of income based on the ISA recipient’s income; and (II) the timing for recalculation of the ISA recipient’s payments under the schedule of percentages. (iii) In the case of an ISA payment calculation method that is based on a schedule of fixed amounts that an ISA recipient is required to pay based on the ISA recipient's income for a payment period— (I) an explanation of how the schedule of fixed amounts is calculated using fixed amounts based on the ISA recipient’s income; and (II) the timing for recalculation of the ISA recipient’s payments under the schedule of fixed amounts. (B) Fees and default or late payment costs (i) An itemization of the fees or range of fees required to obtain the educational ISA. (ii) Any fees or other penalties based on the ISA recipient’s defaults or late payments. (C) Payment terms (i) The ISA duration or range of ISA durations offered by the ISA provider. (ii) A description of any payment deferral options. (D) Cost estimates The following disclosure shall be made using the ISA payment calculation method, ISA duration, and ISA maximum number of payments for which the ISA recipient has been approved: (i) The loan comparison based on these assumptions. (ii) A description of the payment deferral option chosen by the ISA recipient, if applicable, and any other payment deferral options that the ISA recipient may elect at a later time. (iii) Any payments required while the ISA recipient is enrolled at a covered educational institution, based on the deferral option chosen by the ISA recipient. (E) Cancellation rights (i) A statement that— (I) the ISA recipient has the right to cancel the income share agreement, without penalty, at any time before the cancellation period under subsection (e) expires; and (II) the income share agreement proceeds will not be disbursed until after such cancellation period expires. (ii) The specific date on which the cancellation period expires and a statement that the ISA recipient may cancel by that date. (iii) A statement specifying— (I) all methods by which the ISA recipient may cancel; and (II) if the ISA provider permits cancellation by mail, that the ISA recipient's mailed request will be deemed timely if placed in the mail not later than the cancellation date specified in clause (ii). (F) Conspicuous disclosures The disclosures required by subparagraph (E) shall be made more conspicuous than any other disclosure required under this section, except for the ISA payment calculation method, ISA duration, ISA maximum number of payments, amount financed, income threshold, and the ISA provider's identity, which shall be disclosed in accordance with the requirements of subsection (d). (G) Overall educational finance obligation notice The following statement: IMPORTANT NOTICE REQUIRED BY LAW: Students are cautioned to consider carefully entering into this Income Share Agreement if their total future payment commitment, including any other forms of education finance, may exceed 20 percent of their expected future income. Your total future obligation may exceed this percentage if you have received additional education financing, including other income share agreements, Department of Education Direct or FFEL Loans, or private education loans. . (c) Limitation on educational ISAs (1) Co-branding prohibited (A) In general Except as provided in subparagraph (B) and paragraph (2), an ISA provider, other than the covered educational institution itself, shall not use the name, emblem, mascot, or logo of a covered educational institution, or other words, pictures, or symbols identified with a covered educational institution, in the marketing of educational ISAs in a way that implies that the covered education institution endorses the ISA provider's income share agreements. (B) Special rule An ISA provider's marketing of an educational ISA does not imply that the covered education institution endorses the ISA provider's income share agreements if the marketing includes a clear and conspicuous disclosure, equally prominent and closely proximate to the reference to the covered educational institution, that the covered educational institution does not endorse the ISA provider's income share agreements and that the ISA provider is not affiliated with the covered educational institution. (2) Endorsed ISA provider arrangements If an ISA provider and a covered educational institution have entered into an arrangement under which the covered educational institution agrees to endorse the ISA provider's educational ISAs, and such arrangement is not prohibited by other applicable law or regulation, paragraph (1)(A) shall not apply as long as the educational ISA marketing includes a clear and conspicuous disclosure, equally prominent and closely proximate to the reference to the covered educational institution, that the ISA provider's income share agreements are not offered or made by the covered educational institution, but are made by the ISA provider. (d) Educational ISA recipient’s right To accept (1) Acceptance period The ISA recipient has the right to accept the terms of an educational ISA at any time not later than 30 calendar days following the date on which the ISA recipient receives the disclosures required under subsection (b)(2). (2) Limitations on changes Except for changes permitted under paragraph (3), the terms of the educational ISA that are required to be disclosed under paragraphs (2) and (3) of subsection (b) may not be changed by the ISA provider prior to the earlier of— (A) the date of disbursement of the income share agreement; or (B) the expiration of the 30-day period described in paragraph (1), if the ISA recipient has not accepted the income share agreement before within the period. (3) Exceptions not requiring re-disclosure (A) In general Notwithstanding paragraph (2), nothing in this section shall prevent an ISA provider of an educational ISA from— (i) withdrawing an offer before consummation of the transaction if the making of the income share agreement would be prohibited by law or if the ISA provider has reason to believe that the ISA recipient has committed fraud in connection with the income share agreement application; (ii) changing the ISA payment calculation method and terms if the change will unequivocally benefit the ISA recipient; or (iii) reducing the amount funded based upon a certification or other information received from the covered educational institution, or from the ISA recipient, indicating that the student's cost of attendance has decreased or the ISA recipient's other financial aid has increased, except that, in such case, the ISA provider may make corresponding changes to the terms of the ISA payment calculation method, ISA duration, and other terms only to the extent that the ISA recipient would have received the terms if the ISA recipient had applied for the reduced amount financed. (B) No new disclosures required If the ISA provider changes the ISA payment calculation method or terms of the income share agreement under this paragraph, the ISA provider shall not be required to— (i) provide the disclosures required under subsection (b)(2) for the new income share agreement terms; or (ii) provide an additional 30-day period to the ISA recipient to accept the new terms of the income share agreement. (4) Exceptions requiring re-disclosure (A) In general Notwithstanding paragraphs (2) and (3), nothing in this section prevents an ISA provider, at its option, from changing the ISA payment calculation method or terms of the income share agreement to accommodate a specific request by the ISA recipient, such as a request for a different repayment option. (B) Additional disclosures required If the ISA provider changes the rate or terms of the income share agreement under subparagraph (A), the ISA provider— (i) shall provide the disclosures required under subsection (b)(2) and shall provide the ISA recipient the 30-day period to accept the income share agreement, as required under paragraph (1); and (ii) shall not make further changes to the income share agreement and terms of the loan, except as specified in paragraph (3)(B). (C) No further withdrawals or changes Except as permitted under paragraph (3)(B), unless the ISA recipient accepts the income share agreement offered by the ISA provider in response to the ISA recipient's request in accordance with subparagraph (A), the ISA provider may not withdraw or change the ISA payment calculation method or any terms of the income share agreements for which the ISA recipient was approved prior to the ISA recipient's request for a change in income share agreement terms under this paragraph. (e) Educational ISA recipient’s right To cancel The ISA recipient may cancel an educational ISA, without penalty, until midnight of the third business day following the date on which the ISA recipient receives the disclosures required by subsection (b)(3). No funds may be disbursed for an educational ISA until the 3-business-day period has expired, absent exceptional circumstances necessitating disbursement based on a request from the covered educational institution. In such a case, the covered educational institution shall promptly, upon cancellation by the student, refund the amounts to the ISA provider. (f) Self-Certification form For an educational ISA intended to be used for the postsecondary educational expenses of a student while the student is attending an institution of higher education, the ISA provider shall obtain, from the ISA recipient or the institution of higher education, the educational ISA certification form developed by the Secretary under section 155 of the Higher Education Act of 1965 ( 20 U.S.C. 1019d ), signed by the ISA recipient, in written or electronic form, before consummating the educational ISA. (g) Provision of Information by Preferred ISA provider (1) In general An ISA provider that has a preferred ISA financing arrangement with a covered educational institution shall, each year in accordance with paragraph (2), provide to the covered educational institution the information required under subsection (b)(1) for each type of educational ISA that the ISA provider plans to offer to ISA recipients for students attending the covered educational institution, for the period beginning July 1 of the year in which the information is provided and ending June 30 of the following year. (2) Timing For each year of a preferred ISA provider financing arrangement, the ISA provider shall provide the information required under paragraph (1) by the later of— (A) the first day of April; or (B) the date that is 30 days after entering into, or learning the ISA provider is a party to, a preferred ISA provider arrangement. 304. Advertising of income share agreements (a) In general The restrictions on advertising of income share agreements shall be consistent with the restrictions placed on advertisements related to extensions of consumer credit as set forth in chapter 3 of the Truth in Lending Act ( 15 U.S.C. 1661 et seq. ). (b) Amendments to the Truth in Lending Act The Truth in Lending Act ( 15 U.S.C. 1601 et seq. ) is amended— (1) in section 103(f) ( 15 U.S.C. 1602(f) )— (A) by striking means the and inserting means— (1) the ; (B) in paragraph (1), as so designated, by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (2) for purposes of chapter 3, shall include an income share agreement, as defined in section 2 of the ISA Student Protection Act of 2022 . ; (2) in section 142 ( 15 U.S.C. 1662 )— (A) in the matter preceding paragraph (1), by striking state and inserting state— ; (B) in paragraph (1), by striking the period at the end and inserting a semicolon; (C) in paragraph (2), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following: (3) with respect to an income share agreement (as defined in section 2 of the ISA Student Protection Act of 2022 ), that a specific ISA payment calculation method, ISA duration, ISA maximum number of payments, or income threshold (as those terms are defined in such section 2) can be arranged unless the ISA provider (as defined in such section 2) usually and customarily arranges income share agreements pursuant to the terms so advertised. ; and (3) in section 144, by adding at the end the following: (f) Income share agreements (1) Definitions In this subsection, the terms income share agreement , income threshold , ISA duration , ISA maximum number of payments , and ISA payment calculation method have the meanings given those terms in section 2 of the ISA Student Protection Act of 2022 . (2) Application This subsection shall apply to any advertisement to aid, promote, or assist directly or indirectly any income share agreement subject to the provisions of this chapter. (3) Disclosure of key terms If any advertisement to which this section applies states the ISA payment calculation method, ISA duration, ISA maximum number of payments, income threshold, or amounts of payments under an income share agreement, the advertisement shall include the following: (A) The ISA payment calculation method. (B) The ISA duration. (C) The ISA maximum number of payments. (D) The income threshold. . IV Other clarifications to support ISA programs 401. Treatment under securities laws (a) Income share agreements not treated as securities (1) In general An income share agreement shall not be treated as a security for purposes of the securities laws (as defined in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) )), any similar State law, or any State law that directly or indirectly prohibits, limits, or imposes conditions, based on the merits of an offering or issuer of securities, upon the offer or sale of any security. (2) Rule of construction Nothing in paragraph (1) may be construed to prevent an instrument that is collateralized by, or serviced by the cash flows of, an income share agreement from being treated as a security for purposes of any law described in that paragraph. (b) ISA providers making income share agreements excluded from investment company treatment Section 3(c) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–3(c) ) is amended— (1) in paragraph (4), by inserting income share agreements (as that term is defined in section 2 of the ISA Student Protection Act of 2022 ), after industrial banking, ; and (2) in paragraph (5)— (A) in subparagraph (A), by inserting , including purchasing or otherwise acquiring income share agreements (as that term is defined in section 2 of the ISA Student Protection Act of 2022 ) after services ; and (B) in subparagraph (B), by inserting , including making income share agreements (as defined in subparagraph (A)) after services . 402. Treatment under bankruptcy laws Section 523(a)(8) of title 11, United States Code, is amended, in the matter preceding subparagraph (A), by striking for— and inserting for, other than funds provided as part of an educational ISA (as defined in section 2 of the ISA Student Protection Act of 2022 )— . 403. Consent to continuing release of taxpayer information under educational ISAs and income share agreements By not later than 180 days after the date of enactment of this Act, the Secretary of the Treasury shall modify Treasury regulations and guidance to provide for continuing consent to disclosure of an individual’s return information to an ISA provider (or the provider's successor in interest) under an educational ISA or other income share agreement, but only for periods relevant to, and only to the extent the Secretary determines is necessary and appropriate in carrying out the terms of, such educational ISA or income share agreement. 404. Interplay with the Higher Education Act of 1965 (a) Title IV definitions (1) In general Section 480 of the Higher Education Act of 1965 ( 20 U.S.C. 1087vv ), as amended by section 702 of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 ; 134 Stat. 3191), is amended— (A) in subsection (e)— (i) in paragraph (2), by striking and after the semicolon; (ii) in paragraph (3), by striking the period and inserting ; and ; and (iii) by adding at the end the following: (4) any amount provided to the applicant, or on whose behalf funds are disbursed, under an income share agreement, as defined in section 2 of the ISA Student Protection Act of 2022 . ; and (B) in subsection (f)(1), by inserting amounts provided to an individual, or on whose behalf the funds are disbursed, under an income share agreement, as defined in section 2 of the ISA Student Protection Act of 2022 , after income producing property, . (2) Effective date The amendments made by paragraph (1) shall take effect as if included in section 702 of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 ; 134 Stat. 3191) and in accordance with section 701(b) of such Act. (b) Program participation agreements Section 487(d)(1)(D) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(d)(1)(D) ) is amended— (1) in clause (ii), by striking and after the semicolon; (2) in clause (iii), by inserting and after the semicolon; and (3) by adding at the end the following: (iv) in the case of educational income share agreements (as such term is defined in section 2 of the ISA Student Protection Act of 2022 ) made by a proprietary institution of higher education, only the amount of ISA payments (as defined in such section) received during the applicable institutional fiscal year, to the extent the amount of such payments on the educational income share agreement does not exceed the income share amount financed under such educational income share agreement; . (c) Preferred lender arrangement definitions Section 151 of the Higher Education Act of 1965 ( 20 U.S.C. 1019 ) is amended— (1) by redesignating paragraphs (3), (4), (5), and (6) through (9) as paragraphs (4), (5), (6), and (9) through (12), respectively; (2) by inserting after paragraph (2) the following: (3) Educational ISA The term educational ISA has the meaning given the term in section 2 of the ISA Student Protection Act of 2022 . ; (3) in paragraph (6), as redesignated by paragraph (1)— (A) in subparagraph (A)(ii), by inserting or educational ISAs after loans ; (B) in subparagraph (B), by striking and after the semicolon; (C) in subparagraph (C), by striking the period at the end and inserting ; and ; and (D) by adding at the end of the following: (D) notwithstanding subparagraphs (A) and (B), does not include any ISA provider with respect to any educational ISA secured, made, or extended by such ISA provider. ; (4) by inserting after paragraph (6), as redesignated by subparagraph (A), the following: (7) ISA provider The term ISA provider has the meaning given the term in section 2 of the ISA Student Protection Act of 2022 . (8) ISA recipient The term ISA recipient has the meaning given the term in section 2 of the ISA Student Protection Act of 2022 . ; and (5) in paragraph (11)(A), as redesignated by paragraph (1)— (A) in the matter preceding clause (i), by inserting or ISA provider after lender ; (B) in clause (i), by inserting or an ISA provider provides or otherwise issues educational ISAs after loans ; and (C) in clause (ii), by inserting or the educational ISAs of the ISA provider after lender . (d) Responsibilities of covered institutions and ISA providers regarding preferred lender arrangements Section 152 of the Higher Education Act of 1965 ( 20 U.S.C. 1019a ) is amended— (1) in the section heading, by striking and lenders and inserting lenders, and ISA providers ; (2) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (A)— (I) in clause (i)— (aa) in the matter preceding subclause (I), by inserting or educational ISAs after loans ; (bb) in subclause (II)— (AA) by striking section 151(3)(A) and inserting section 151(4)(A) ; and (BB) by striking and at the end; (cc) by redesignating subclause (III) as subclause (IV); and (dd) by inserting after subclause (II) the following: (III) the information required to be disclosed pursuant to section 153(a)(2)(A)(i), for an educational ISA that is offered pursuant to a preferred lender arrangement of the institution or organization to students of the institution or families of such students; and ; and (II) in clause (ii)— (aa) in the matter preceding subclause (I)— (AA) by striking subparagraph (C) and inserting subparagraph (D) ; and (BB) by inserting or educational ISAs after loans ; (bb) in subclause (I), by striking and after the semicolon; and (cc) by adding at the end the following: (III) in the case of a covered institution, the information described in section 153(c) for each type of educational ISA offered pursuant to a preferred lender arrangement of the institution to students of the institution or the families of such students; and (IV) in the case of an institution-affiliated organization of a covered institution, the information in section 303(b)(1) of the ISA Student Protection Act of 2022 , for each type of educational ISA offered pursuant to a preferred lender arrangement of the organization to students of such institution or the families of such students. ; (ii) by redesignating subparagraph (C) as subparagraph (D); and (iii) by inserting after subparagraph (B) the following: (C) Educational ISA disclosures A covered institution, or an institution-affiliated organization of such covered institution, that provides information regarding an educational ISA from an ISA provider to a prospective ISA recipient shall— (i) provide the prospective ISA recipient with the information described in section 303(b)(1) of the ISA Student Protection Act of 2022 for such educational ISA; (ii) inform the perspective ISA recipient that— (I) the prospective ISA recipient may qualify for loans or other assistance under title IV; and (II) the terms and conditions of the loans made, insured, or guaranteed under title IV may be more favorable than the provisions of educational ISAs; and (iii) ensure that information regarding educational ISAs is presented in such a manner as to be distinct from information regarding loans that are made, insured, or guaranteed under title IV. ; (B) by striking paragraph (2) and inserting the following: (2) Use of institution name A covered institution, or an institution-affiliated organization of such covered institution, that enters into a preferred lender arrangement with a lender regarding private education loans or an ISA provider regarding educational ISAs shall not agree to the lender’s or ISA provider’s use of the name, emblem, mascot, or logo of such institution or organization, or other words, pictures, or symbols readily identified with such institution or organization, in the marketing of private education loans or educational ISAs to students attending such institution in any way that implies that the loan or educational ISA is offered or made by such institution or organization instead of the lender or ISA provider. ; and (C) by adding at the end the following: (4) Use of ISA provider name A covered institution, or an institution-affiliated organization of such covered institution, that enters into a preferred lender arrangement with an ISA provider regarding educational ISAs shall ensure that the name of the ISA provider is displayed in all information and documentation related to such educational ISAs. ; and (3) by adding at the end the following: (c) ISA provider responsibilities For each of an ISA provider’s educational ISAs, the ISA provider shall comply with the disclosure requirements of sections 302 and 303 of the ISA Student Protection Act of 2022 . . (e) Disclosures for ISA providers participating in preferred lender arrangements Section 153 of the Higher Education Act of 1965 ( 20 U.S.C. 1019b ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (A), by striking section 151(3)(A) and inserting section 151(4)(A) ; and (ii) by adding at the end the following: (C) Additional information for educational ISAs (i) In general By not later than 180 days after the date of enactment of the ISA Student Protection Act of 2022 , the Secretary, in coordination with the Bureau of Consumer Financial Protection, shall determine the minimum information that ISA providers, covered institutions, and institution-affiliated organizations of such covered institutions participating in preferred lender arrangements shall make available regarding educational ISAs. (ii) Consultation and content of minimum disclosures In carrying out clause (i), the Secretary shall— (I) consult with students, the families of such students, representatives of covered institutions (including financial aid administrators, admission officers, and business officers), representatives of institution-affiliated organizations, secondary school guidance counselors, and ISA providers; (II) include, in the minimum information under clause (i) that is required to be made available, the information required to be disclosed under section 303 of the ISA Student Protection Act of 2022 ; and (III) consider the merits of requiring each covered institution, and each institution-affiliated organization of such covered institution, with a preferred lender arrangement to provide prospective ISA recipients and the families of such ISA recipients the following information for each type of educational ISA offered pursuant to such preferred lender arrangement: (aa) (AA) The ISA payment calculation method, the income threshold, the ISA maximum number of payments (or a range of the ISA maximum number of payments), the ISA payment window (or a range of the ISA payment windows), and the terms and conditions of the educational ISA for the next award year. (BB) In this subclause, the terms income threshold , ISA maximum number of payments , ISA payment window , and ISA payment calculation method have the meanings given the terms in section 2 of the ISA Student Protection Act of 2022 . (bb) An itemization of the fees or range of fees required to obtain the educational ISA. (cc) Any fees or other penalties based on the ISA recipient’s defaults or late payments. (dd) The annual or aggregate maximum financed amounts. (ee) The average financed amounts provided by the ISA provider to students who— (AA) graduated from such institution in the preceding year with certificates, undergraduate degrees, graduate degrees, and professional degrees, as applicable; and (BB) obtained educational ISAs of such type from the ISA provider for the preceding year. (ff) The consequences for the ISA recipient for defaulting on an educational ISA. (gg) Contact information for the ISA provider. (hh) Other information suggested by the persons and entities with whom the Secretary has consulted under subclause (I). ; (B) in paragraph (2)— (i) in subparagraph (A)— (I) in clause (i), by striking section 151(3)(A) and inserting section 151(4)(A), or to prospective ISA recipients and the families of such ISA recipients regarding educational ISAs, ; and (II) in clause (ii), by striking the model disclosure form and inserting a model disclosure form ; (ii) in subparagraph (B)— (I) in the matter preceding clause (i)— (aa) by striking a model disclosure form and inserting model disclosure forms ; and (bb) by striking and preferred lenders and inserting preferred lenders, and ISA providers ; (II) in clause (i), by inserting ISA providers, after servicers, ; and (III) in clause (ii)— (aa) by striking format to the form and inserting the following: format to— (aa) with respect to education loans, the form ; (bb) by striking section 151(3)(A) and inserting section 151(4)(A) ; and (cc) by adding at the end the following: (bb) with respect to educational ISAs, the form developed by the Bureau of Consumer Financial Protection under section 301(4) of the ISA Student Protection Act of 2022 in order to permit students and the families of students to easily compare educational ISAs; and ; and (iii) in subparagraph (C), by striking such model disclosure form and inserting the model disclosure forms described in subparagraph (B) ; (2) in subsection (b), by striking section 151(3)(A) each place the term appears and inserting section 151(4)(A) ; (3) by redesignating subsection (c) as subsection (d); (4) by inserting after subsection (b) the following: (c) Duties of ISA providers Each ISA provider that has a preferred lender arrangement with respect to educational ISAs with a covered institution, or an institution-affiliated organization of such covered institution, shall annually, by a date determined by the Secretary, provide to such covered institution or such institution-affiliated organization, and to the Secretary, the information the Secretary requires pursuant to subsection (a)(2)(A)(i) for the educational ISAs that the ISA provider plans to offer pursuant to such preferred lender arrangement to students attending such covered institution, or to the families of such students, for the next award year. ; and (5) in subsection (d), as redesignated by paragraph (3)— (A) in paragraph (1)— (i) in subparagraph (A)— (I) in clause (i), by striking section 151(3)(A) and inserting section 151(4)(A) or educational ISA ; and (II) by adding at the end the following: (iii) (I) in the case of a covered institution, the information described in subsection (c), for each type of educational ISA offered pursuant to a preferred lender arrangement of the institution to students of the institution or the families of such students; and (II) in the case of an institution-affiliated organization of a covered institution, the information described in section 303(b)(1) of the ISA Student Protection Act of 2022 , for each type of educational ISA offered pursuant to a preferred lender arrangement of the organization to students of such institution or the families of such students. ; and (ii) in subparagraph (B)— (I) by inserting or ISA provider after lender ; and (II) by inserting or an educational ISA after loan ; and (B) in paragraph (2)(A)— (i) in the matter preceding clause (i), by inserting or ISA provider after each lender ; (ii) in clause (i), by striking clauses (i) and (ii) and inserting clauses (i) through (iii), as applicable ; and (iii) in clause (ii)— (I) by inserting or ISA provider after the lender ; and (II) by inserting or educational ISA after loan . (f) Self-Certification form for educational ISAs Section 155 of the Higher Education Act of 1965 ( 20 U.S.C. 1019d ) is amended— (1) by striking the section heading and inserting the following: Self-certification forms for private education loans or educational ISAs. ; (2) in subsection (a)— (A) in the matter preceding paragraph (1)— (i) by striking the self-certification form and inserting a self-certification form ; (ii) by inserting and, in consultation with the Director of the Bureau of Consumer Financial Protection, a self-certification form for educational ISAs that shall be used to satisfy the requirements of section 303(f) of the ISA Student Protection Act of 2022 after Act ; and (iii) by striking Such form and inserting Each form ; and (B) in paragraph (3)— (i) in subparagraph (A), by inserting or educational ISA, as applicable after loan ; and (ii) in subparagraph (C), by inserting or educational ISA, as applicable after loan ; and (3) in subsection (b), by striking the form and inserting a form . (g) Conforming amendments Section 154 of the Higher Education Act of 1965 ( 20 U.S.C. 1019c ) is amended— (1) in subsection (a)— (A) by inserting for education loans after the model disclosure form ; and (B) by striking section 151(3)(A) and inserting section 151(4)(A) ; and (2) in subsection (b)(2), by inserting for education loans after model disclosure form . V Applying existing consumer protections to income share agreements 501. Equal access to income share agreements (a) Activities constituting discrimination It shall be unlawful for any ISA provider to discriminate against any applicant, with respect to any aspect of an income share agreement— (1) on the basis of race, color, religion, national origin, sex or marital status, or age (provided the applicant has the capacity to contract); (2) because all or part of the applicant’s income derives from any public assistance program (except for those excluded from the definition of income established by the income share agreement); or (3) because the applicant has in good faith exercised any right under this Act. (b) Activities not constituting discrimination It shall not constitute discrimination for purpose of subsection (a) for an ISA provider— (1) to make an inquiry of the applicant’s age or of whether the applicant’s income derives from any public assistance program, if such inquiry is for the purpose of determining the amount and probable continuance of income levels, credit history, or other pertinent element of creditworthiness as provided in regulations of the Bureau; (2) to use any empirically derived credit system that considers age if that system is demonstrably and statistically sound in accordance with regulations of the Bureau, except that in the operation of such a system, the age of an elderly applicant may not be assigned a negative factor or value; (3) to make an inquiry of, or to consider the age of, an elderly applicant when the age of that applicant is to be used by the creditor in the extension of credit in favor of the applicant; or (4) to use any empirically derived system that considers the expected future income of an applicant to determine whether to approve an application or to establish the financial and other terms of an income share agreement, if that empirically derived system is demonstrably and statistically sound and reasonably designed such that approved applicants are all reasonably expected to pay substantially similar effective annual percentage rates as other similarly situated applicants, except that in accordance with any regulations of the Bureau in the operation of such a system to project an applicant’s expected future Income, an ISA provider— (A) may not consider an applicant’s status as a member or potential member of any of the classes described in subsection (a); (B) may consider an applicant’s current employment status, current debt and other financial obligations, or current and past income (as of the date of application); or (C) in the case of educational ISAs, may consider the historical income of consumers who have made comparable progress toward the completion of the educational program in which the applicant is or is expected to be enrolled or toward a reasonably comparable educational program. (c) Additional activities not constituting discrimination It shall not be a violation of subsection (a) for an ISA provider to refuse to extend an income share agreement— (1) that is offered pursuant to— (A) any financial assistance program expressly authorized by law for an economically disadvantaged class of persons; (B) any financial assistance program administered by a nonprofit organization for its members or an economically disadvantaged class of persons; or (C) any special purpose financial assistance program that— (i) is carried out by a for-profit organization to meet special social needs; and (ii) meets standards prescribed in regulations by the Bureau; or (2) if the refusal is required by, or made pursuant to, a program described in paragraph (1). (d) Reason for adverse action; procedure applicable (1) In general Not later than 30 days (or such longer reasonable time as specified in regulations of the Bureau for any class of income share agreement transaction) after the date on which an ISA provider receives a completed application for an income share agreement, the ISA provider shall notify the applicant of— (A) the action taken by the ISA provider with respect to the application; (B) in the case of an adverse action, a clear and accurate disclosure of the applicant's right to a written statement of reasons in accordance with paragraph (2) within 60 days after receiving the notice under this paragraph; and (C) the identity of the person or office from which the statement of reasons described in paragraph (2) may be obtained. (2) Statement of reasons (A) In general Each applicant against which an adverse action is taken shall be entitled to a written statement from the applicable ISA provider regarding the specific reasons for that adverse action, if the request is made by the applicant not later than 60 days after receiving the notice of an adverse action under paragraph (1). (B) Timing An ISA provider shall provide an applicant with the statement of reasons under subparagraph (A) by the date that is not more than 30 days after the date of the consumer's request. (C) Oral statement Notwithstanding subparagraph (A), the statement described in this paragraph may be provided orally if the oral notification advises the applicable applicant of the right of the applicant to have the statement of reasons confirmed in writing, upon written request by the applicant. (D) Third-party request If a third party requests that an ISA provider make a specific extension of an income share agreement directly or indirectly to an applicant, the statement under this paragraph may be made directly by the ISA provider, or indirectly through the third party, if the identity of the ISA provider is disclosed. (E) Verbal statements The requirements of this paragraph may be satisfied by a verbal statement or notification in the case of an ISA provider that acted on not more than 150 applications during the calendar year preceding the calendar year in which the applicable adverse action is taken, as determined under regulations of the Bureau. (e) Regulations (1) In general (A) Issuance of regulations The Bureau shall prescribe regulations to carry out the purposes of this section. (B) Contents The regulations prescribed under subparagraph (A) may contain such classifications, differentiation, or other provisions, and may provide for such adjustments for any class of transactions, as in the judgment of the Bureau are necessary or proper to effectuate the purposes of this section, to prevent circumvention or evasion of this section, or to facilitate or substantiate compliance this section. (2) Consistent with Equal Credit Opportunity Act In prescribing regulations under paragraph (1), the Bureau shall be guided by the Equal Credit Opportunity Act ( 12 U.S.C. 1691 et seq. ) and part 1002 of title 12, Code of Federal Regulations, or any successor regulations. (3) Exempt transactions (A) In general Subject to subparagraph (B), the regulations prescribed under paragraph (1) may exempt from the provisions of this section any class of transactions that is not primarily for personal, family, or household purposes, or any business or commercial income share agreement or investment contract made available by a financial institution, except that a particular type of income share agreement within such a class may be exempted only if the Bureau makes an express finding that applying this section, or of any provision of this section, to the income share agreement would not contribute substantially to effectuating the purposes of this section. (B) Limitation An exemption granted under subparagraph (A) shall be— (i) for not longer than 5 years; and (ii) extended only if the Bureau makes a subsequent determination, in the manner described by that subparagraph, that the exemption remains appropriate. (4) Maintenance of records Pursuant to the regulations prescribed under paragraph (1), an entity making business or commercial income share agreements shall maintain such records or other data relating to those agreements as may be necessary to evidence compliance with this section or enforce any action pursuant to the authority of this section, except that in no event shall those records or data be maintained for a period of less than 1 year. (5) Deference Notwithstanding any power granted to any Federal agency under this section, the deference that a court affords to a Federal agency with respect to a determination made by that agency relating to the meaning or interpretation of any provision of this section that is subject to the jurisdiction of the agency shall be applied as if that agency were the only agency authorized to apply, enforce, interpret, or administer the provisions of this section. (f) Enforcement The administrative enforcement of this section shall be consistent with section 704 of the Equal Credit Opportunity Act ( 15 U.S.C. 1691c ) and the regulations implementing such section 704. (g) Self-Testing and self-Correction The incentives for self-testing and self-correction under section 704A of the Equal Credit Opportunity Act ( 15 U.S.C. 1691c–1 ), and the regulations implementing such section 704A, shall apply to ISA providers offering income share agreements. (h) Applicability of other laws Section 705 of the Equal Credit Opportunity Act ( 15 U.S.C. 1691d ), and the regulations implementing such section 705, shall apply to ISA providers offering income share agreements in the same manner in which those provisions apply to creditors offering loan products. (i) Civil liability Section 706 of the Equal Credit Opportunity Act ( 15 U.S.C. 1691e ), and the regulations implementing such section 706, shall apply to ISA providers offering income share agreements. (j) Reports by Bureau and Attorney General (1) In general Each year, the Bureau and the Attorney General shall, respectively, submit to Congress reports concerning the administration of the functions of the Bureau and the Attorney General, respectively, under this section, including such recommendations as the Bureau and the Attorney General, respectively determine necessary or appropriate. (2) Additional information Each report of the Bureau submitted under paragraph (1) shall include the assessment of the Bureau of the extent to which compliance with the requirements of this title is being achieved and a summary of the enforcement actions taken by each of the agencies assigned administrative responsibilities under subsection (f). 502. Prohibition on requiring preauthorized electronic fund transfers under the Electronic Fund Transfer Act Section 913(1) of the Electronic Fund Transfer Act ( 15 U.S.C. 1693k(1) ) is amended by inserting , or the entering into an educational ISA or an income share agreement (as those terms are defined in section 2 of the ISA Student Protection Act of 2022 ) with a consumer after a consumer . 503. Treatment under the Fair Credit Reporting Act (a) In general Section 605 of the Fair Credit Reporting Act ( 15 U.S.C. 1681c ) is amended by adding at the end the following: (i) Income share agreement information With respect to an income share agreement (as that term is defined in section 2 of the ISA Student Protection Act of 2022 ), a consumer report made by a consumer reporting agency— (1) may include a description of the contract terms of the income share agreement and, subject to subsection (a), information with respect to amounts that are owed under the income share agreement; and (2) may not include any speculation about future amounts that may be owed under the income share agreement, including the reporting of any payment caps or early termination amounts. . (b) Regulations The Bureau shall promulgate regulations with respect to the manner in which ISA providers may furnish, and consumer reporting agencies may report, information regarding income share agreements. 504. Treatment under the Fair Debt Collection Practices Act (a) In general Section 803 of the Fair Debt Collection Practices Act ( 15 U.S.C. 1692a ) is amended— (1) in paragraph (5), by inserting , including such an obligation or alleged obligation arising out of an income share agreement, as that term is defined in section 2 of the ISA Student Protection Act of 2022 before the period at the end; and (2) in paragraph (6), in the first sentence, by inserting , including an ISA provider (as defined in section 2 of the ISA Student Protection Act of 2022 ), after means any person . (b) Rules of construction Nothing in this section, or the amendments made by this section, may be construed for purposes of any other Federal law as considering— (1) income share agreements as debts, once the ISA recipient owes any amounts to the ISA provider under the income share agreement; or (2) ISA providers as lenders, once the ISA recipient owes any amounts to the ISA provider under the applicable income share agreement. 505. Treatment of educational income share agreements for purposes of Military Lending Act Section 987 of title 10, United States Code, is amended— (1) by redesignating subsection (i) as subsection (j); and (2) by inserting after subsection (h) the following new subsection: (i) Treatment of educational income share agreements The Secretary of Defense shall prescribe regulations to apply this section to educational ISAs (as that term is defined in section 2 of the ISA Student Protection Act of 2022 ), and an educational ISA shall be deemed to meet the annual percentage rate of interest limitation under subsection (b) of this section if the educational ISA, as applicable, would meet the requirements of section 102(b) of such Act (related to appropriate risk sharing) but with reference to the rate specified in subsection (b) of this section. . 506. Treatment under the Servicemembers Civil Relief Act Section 207 of the Servicemembers Civil Relief Act ( 50 U.S.C. 3937 ) is amended— (1) in subsection (d)— (A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and (B) by inserting before paragraph (2), as redesignated by subparagraph (A), the following new paragraph: (1) Educational income share agreement The term educational income share agreement has the meaning given the term educational ISA in section 2 of the ISA Student Protection Act of 2022 . ; (2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (3) by inserting before subsection (e), as redesignated by paragraph (2), the following new subsection (d): (d) Educational income share agreements (1) In general An educational income share agreement shall be considered to be in compliance with the requirements of subsection (a) if such agreement is compliant with the requirements of section 102(b) of the ISA Student Protection Act of 2022 . (2) Interest rate In carrying out paragraph (1) of this subsection, the interest rate referred to section 102(b) of such Act shall be deemed to be the rate of interest specified in subsection (a) of this section. . 507. Preservation of consumers’ claims and defenses (a) Application of Holder in Due Course Rule to income share agreements Beginning on January 1, 2023, for purposes of applying part 433 of title 16, Code of Federal Regulations (commonly known as the Holder in Due Course Rule or the Holder Rule ), the term consumer credit contract , as defined in section 433.1 of such title, shall include income share agreements that— (1) involve the advancing of funds to, or on behalf of, a consumer in return for the consumer’s agreement to an income share agreement; and (2) are related, in whole or substantial part, to a purchase of goods or services from a seller who— (A) refers the consumer to the provider of the income share agreement; or (B) is affiliated with the provider of the income share agreement by common control, contract, or business arrangement. (b) Disclosures In applying section 433.2 of title 16, Code of Federal Regulations, to a consumer credit contract that is an income share agreement described in subsection (a)— (1) in lieu of the disclosure required under section 433.2(a) of title 16, Code of Federal Regulations, the contract shall contain the following disclosure in at least 10 point, bold face type: NOTICE ANY HOLDER OF THIS INCOME SHARE AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE ISA RECIPIENT COULD ASSERT AGAINST THE SELLER OF THE GOODS OR SERVICES OBTAINED UNDER THE INCOME SHARE AGREEMENT OR WITH THE PROCEEDS OF THE INCOME SHARE AGREEMENT. ANY RECOVERY BY THE ISA RECIPIENT UNDER SUCH A CLAIM OR DEFENSE SHALL NOT EXCEED AMOUNTS PAID BY THE ISA RECIPIENT UNDER THE INCOME SHARE AGREEMENT. ; and (2) in lieu of the disclosure required under section 433.2(b) of title 16, Code of Federal Regulations, the contract shall contain the following disclosure in at least 10 point, bold face type: NOTICE ANY HOLDER OF THIS INCOME SHARE AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE ISA RECIPIENT COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED UNDER THE INCOME SHARE AGREEMENT OR WITH THE PROCEEDS OF THE INCOME SHARE AGREEMENT. ANY RECOVERY UNDER SUCH A CLAIM OR DEFENSE BY THE ISA RECIPIENT SHALL NOT EXCEED AMOUNTS PAID BY THE ISA RECIPIENT UNDER THE INCOME SHARE AGREEMENT. . VI Relation to other laws 601. Treatment under other laws (a) Insurance and wagering An income share agreement shall not be treated as a contract for insurance, or as a betting or wagering contract, under any Federal or State law, except in the case of a State law that expressly states the law is intended to apply to income share agreements as defined in this Act. (b) Payments not considered prepayments Any right that an ISA recipient may have to pay an amount greater than the amount financed under an income share agreement in order to extinguish the income share agreement earlier than the ISA duration or ISA maximum number of payments shall not be subject to any Federal or State law with respect to prepayment penalties, as long as— (1) the prepayment complies with the limitations on income share agreements required under this Act and the amendments made by this Act; and (2) in the case of a State law, the State law does not expressly state that the law is intended to apply to income share agreements as defined in this Act. An income share agreement under this Act is not subject to the application of 15 U.S.C. 1650(e) , to the extent it would be applicable to an income share agreement. (c) Treatment of educational ISAs (1) Assignment of future wages for educational ISAs An educational ISA shall be a valid, binding, and enforceable contract, notwithstanding any State law limiting or otherwise regulating assignments of future wages or other income, except in the case of a State law that expressly states the law is intended to apply to income share agreements as defined in this Act. (2) Preemption of State law with respect to usury and interest rates for educational ISAs An educational ISA shall not be subject to a State law with respect to usury, interest rates, fees, and charges for credit, loans, credit or installment sales, or a State law requiring that installment payments be substantially equal in amount, except in the case of a State law that expressly states the law is intended to apply to income share agreements as defined in this Act. (3) Preemption of State laws with respect to ability-to-repay and licensing laws for educational ISAs An educational ISA shall not be subject to a State law with respect to ability-to-repay requirements, and neither an ISA provider issuing an educational ISA or its successor in interest, nor any entity servicing any educational ISA on behalf of an ISA provider or its successor in interest, shall be subject to any State law with respect to licensing or registration, except in the case of a State law that expressly states the law is intended to apply to income share agreements, as defined in this Act. 602. Relation to State law (a) In General (1) Rule of Construction This Act, other than the provisions of titles I and III and section 501, may not be construed as annulling, altering, or affecting, or exempting any person subject to the provisions of this Act from complying with the statutes, regulations, orders, or interpretations in effect in any State, except to the extent that any such provision of law is inconsistent with the provisions of this Act, and then only to the extent of the inconsistency. (2) Greater protection under State law For purposes of this subsection, a statute, regulation, order, or interpretation in effect in any State is not inconsistent with the provisions of this Act if the protection that such statute, regulation, order, or interpretation affords to ISA recipients or applicants is greater than the protection provided under this Act. A determination regarding whether a statute, regulation, order, or interpretation in effect in any State is inconsistent with the provisions of this Act may be made by the Bureau on its own motion or in response to a nonfrivolous petition initiated by any interested person. (b) Relation to other provisions of enumerated consumer laws that relate to State law No provision of this Act, except as provided in titles I and III and section 501, shall be construed as modifying, limiting, or superseding the operation of any provision of an enumerated consumer law that relates to the application of a law in effect in any State with respect to such enumerated consumer law. (c) Additional consumer protection regulations in response to State action (1) Notice of proposed rule required The Bureau shall issue a notice of proposed rulemaking whenever a majority of the States has enacted a resolution in support of the establishment or modification of a consumer protection regulation by the Bureau. (2) Bureau considerations required for issuance of final regulation Before prescribing a final regulation based upon a notice issued under paragraph (1), the Bureau shall take into account whether— (A) the proposed regulation would afford greater protection to consumers than any existing regulation; (B) the intended benefits of the proposed regulation for consumers would outweigh any increased costs or inconveniences for consumers, and would not discriminate unfairly against any category or class of consumers; and (C) a Federal banking agency has advised that the proposed regulation is likely to present an unacceptable safety and soundness risk to insured depository institutions. (3) Explanation of considerations The Bureau— (A) shall include a discussion of the considerations required in paragraph (2) in the Federal Register notice of a final regulation prescribed pursuant to this subsection; and (B) whenever the Bureau determines not to prescribe a final regulation, shall publish an explanation of such determination in the Federal Register, and provide a copy of such explanation to each State that enacted a resolution in support of the proposed regulation, the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Committee on Financial Services of the House of Representatives. (4) Reservation of authority No provision of this subsection shall be construed as limiting or restricting the authority of the Bureau to enhance consumer protection standards established pursuant to this Act in response to a motion of the Bureau or in response to a request by any other interested person. (5) Rule of construction No provision of this subsection shall be construed as exempting the Bureau from complying with subchapter II of chapter 5 of title 5, United States Code. VII Enforcement and reporting 701. Enforcement (a) Enforcing agencies Subject to subtitle B of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5511 et seq. ), compliance with the requirements imposed under this Act shall be enforced under— (1) section 8 of the Federal Deposit Insurance Act by the appropriate Federal banking agency, as defined in section 3(q) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813(q) ), with respect to— (A) national banks, Federal savings associations, and Federal branches and Federal agencies of foreign banks; (B) member banks of the Federal Reserve System (other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agencies, and insured State branches of foreign banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25A of the Federal Reserve Act ( 12 U.S.C. 601 et seq. ); and (C) banks and State savings associations insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System), and insured State branches of foreign banks; (2) the Federal Credit Union Act ( 12 U.S.C. 1751 et seq. ), by the Director of the National Credit Union Administration, with respect to any Federal credit union; (3) part A of subtitle VII of title 49, United States Code, by the Secretary of Transportation, with respect to any air carrier or foreign air carrier subject to that part; (4) the Packers and Stockyards Act, 1921 ( 7 U.S.C. 191 et seq. ) (except as provided in section 406 of that Act ( 7 U.S.C. 226 )), by the Secretary of Agriculture, with respect to any activities subject to that Act; (5) the Farm Credit Act of 1971 ( 12 U.S.C. 2001 et seq. ), by the Farm Credit Administration with respect to any Federal land bank, Federal land bank association, Federal intermediate credit bank, or production credit association; (6) subtitle E of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5561 et seq. ), by the Bureau, with respect to any person subject to this Act; and (7) sections 21B and 21C of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u–2 , 78u–3), in the case of a broker or dealer, other than a depository institution, by the Securities and Exchange Commission. (b) Violations of this Act deemed violations of pre-Existing statutory requirements; additional agency powers For the purpose of the exercise by any agency referred to in subsection (a) of its powers under any Act referred to in that subsection, a violation of any requirement imposed under this Act shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in subsection (a), each of the agencies referred to in that subsection may exercise, for the purpose of enforcing compliance with any requirement imposed under this Act, any other authority conferred on it by law. (c) Overall enforcement authority of the Bureau of Consumer Financial Protection Except to the extent that enforcement of the requirements imposed under this Act is specifically committed to some other Government agency under any of paragraphs (1) through (5) of subsection (a), and subject to subtitle B of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5511 et seq. ), the Bureau shall be authorized to enforce such requirements. All of the functions and powers of the Bureau under the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5301 et seq. ) are available to the Bureau to enforce compliance by any person with the requirements under this Act, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests under the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5301 et seq. ). (d) Rules and regulations The authority of the Bureau to issue regulations under this Act does not impair the authority of any other agency designated in this section to make rules respecting its own procedures in enforcing compliance with requirements imposed under this Act. 702. Reporting requirement for the Bureau of Consumer Financial Protection Not less than frequently than once every 5 years, the Director shall submit to Congress a report that includes— (1) information on the prevalence and utilization of educational ISAs and income share agreements; and (2) any other information pertaining to educational ISAs and income share agreements that the Director determines is appropriate. | https://www.govinfo.gov/content/pkg/BILLS-117s4551is/xml/BILLS-117s4551is.xml |
117-s-4552 | II 117th CONGRESS 2d Session S. 4552 IN THE SENATE OF THE UNITED STATES July 19, 2022 Mr. Peters (for himself and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To extend the program for authority to acquire innovative commercial items using general solicitation procedures.
1. Short title This Act may be cited as the Extension of Authority to Acquire Innovative Commercial Items Act of 2022 . 2. Innovative commercial items Section 880 of the National Defense Authorization Act for Fiscal Year 2017 ( 41 U.S.C. 3301 note) is amended— (1) in subsection (c), by striking $10,000,000 and inserting $25,000,000 ; (2) by amending subsection (f) to read as follows: (f) Definitions In this section— (1) the term commercial product — (A) has the meaning given the term commercial item in section 2.101 of the Federal Acquisition Regulation; and (B) includes a commercial product or a commercial service, as those terms are defined in sections 103 and 103a, respectively, of this title; and (2) the term innovative means— (A) any new technology, process, or method, including research and development; or (B) any new application of an existing technology, process, or method. ; and (3) in subsection (g), by striking 2022 and inserting 2027 . | https://www.govinfo.gov/content/pkg/BILLS-117s4552is/xml/BILLS-117s4552is.xml |
117-s-4553 | II 117th CONGRESS 2d Session S. 4553 IN THE SENATE OF THE UNITED STATES July 19, 2022 Mr. Peters (for himself and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To extend other transaction authority for the Department of Homeland Security.
1. Short title This Act may be cited as the Extension of Department of Homeland Security Other Transaction Authority Act of 2022 . 2. Department of Homeland Security other transaction authority Section 831 of the Homeland Security Act of 2002 ( 6 U.S.C. 391 ) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking September 30, 2017 and inserting September 30, 2024 ; and (B) by amending paragraph (2) to read as follows: (2) Prototype projects The Secretary— (A) may, under the authority of paragraph (1), carry out prototype projects under section 4022 of title 10, United States Code; and (B) in applying the authorities of such section 4022, the Secretary shall perform the functions of the Secretary of Defense as prescribed in such section. ; (2) in subsection (c)(1), by striking September 30, 2017 and inserting September 30, 2024 ; and (3) in subsection (d), by striking section 845(e) and all that follows through the period at the end and inserting section 4022(e) of title 10, United States Code. . | https://www.govinfo.gov/content/pkg/BILLS-117s4553is/xml/BILLS-117s4553is.xml |
117-s-4554 | II 117th CONGRESS 2d Session S. 4554 IN THE SENATE OF THE UNITED STATES July 19, 2022 Mr. Graham (for himself and Mr. Menendez ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To establish a task force to monitor the nuclear weapons and missile capabilities of the Islamic Republic of Iran.
1. Short title This Act may be cited as the Iran Nuclear Weapons Capability Monitoring Act of 2022 . 2. Findings Congress makes the following findings: (1) In the late 1980s, the Islamic Republic of Iran established the AMAD Project with the intent to manufacture 5 nuclear weapons and prepare an underground nuclear test site. (2) Since at least 2002, the Islamic Republic of Iran has advanced its nuclear and ballistic missile programs, posing serious threats to the security interests of the United States, Israel, and other allies and partners. (3) In 2002, nuclear facilities in Natanz and Arak, Iran, were revealed to the public by the National Council of Resistance of Iran. (4) On April 11, 2006, the Islamic Republic of Iran announced that it had enriched uranium for the first time to a level close to 3.5 percent at the Natanz Pilot Fuel Enrichment Plant, Natanz, Iran. (5) On December 23, 2006, the United Nations Security Council adopted Resolution 1737 (2006), which imposed sanctions with respect to the Islamic Republic of Iran for its failure to suspend enrichment activities. (6) The United Nations Security Council subsequently adopted Resolutions 1747 (2007), 1803 (2008), and 1929 (2010), all of which targeted the nuclear program of and imposed additional sanctions with respect to the Islamic Republic of Iran. (7) On February 3, 2009, the Islamic Republic of Iran announced that it had launched its first satellite, which raised concern over the applicability of the satellite to the ballistic missile program. (8) In September 2009, the United States, the United Kingdom, and France revealed the existence of the clandestine Fordow Fuel Enrichment Plant in Iran, years after construction started on the plant. (9) In 2010, the Islamic Republic of Iran reportedly had enriched uranium to a level of 20 percent. (10) On March 9, 2016, the Islamic Republic of Iran launched 2 variations of the Qadr medium-range ballistic missile. (11) On January 28, 2017, the Islamic Republic of Iran conducted a test of a medium-range ballistic missile, which traveled an estimated 600 miles and provides the Islamic Republic of Iran the capability to threaten military installations of the United States in the Middle East. (12) In 2018, Israel seized a significant portion of the nuclear archive of the Islamic Republic of Iran, which contained tens of thousands of files and compact discs relating to past efforts at nuclear weapon design, development, and manufacturing by the Islamic Republic of Iran, including such efforts occurring after 2003. (13) On September 27, 2018, Israel revealed the existence of a secret warehouse housing radioactive material in the Turquz Abad district in Tehran, and an inspection of the warehouse by the International Atomic Energy Agency detected radioactive particles, which the Government of the Islamic Republic of Iran failed to adequately explain. (14) On June 19, 2020, the International Atomic Energy Agency adopted Resolution GOV/2020/34 expressing serious concern … that Iran has not provided access to the Agency under the Additional Protocol to two locations . (15) On January 8, 2020, an Iranian missile struck an Iraqi military base where members of the United States Armed Forces were stationed, resulting in 11 of such members being treated for injuries. (16) On April 17, 2021, the International Atomic Energy Agency verified that the Islamic Republic of Iran had begun to enrich uranium to 60 percent purity. (17) On August 14, 2021, President of Iran Hassan Rouhani stated that Iran's Atomic Energy Organization can enrich uranium by 20 percent and 60 percent and if one day our reactors need it, it can enrich uranium to 90 percent purity . (18) According to the International Institute for Strategic Studies, the Islamic Republic of Iran has between six and eight liquid-fuel ballistic missiles and up to 12 solid-fuel systems as of 2021. (19) On November 9, 2021, the Islamic Republic of Iran completed Zolfaghar-1400, a 3-day war game that included conventional navy, army, air force, and air defense forces testing cruise missiles, torpedoes, and suicide drones in the Strait of Hormuz, the Gulf of Oman, the Red Sea, and the Indian Ocean. (20) On December 20, 2021, the Islamic Republic of Iran commenced a 5-day drill in which it launched a number of short- and long-range ballistic missiles that it claimed could destroy Israel, constituting an escalation in the already genocidal rhetoric of the Islamic Republic of Iran toward Israel. (21) On January 24, 2022, Houthi rebels, backed by the Islamic Republic of Iran, fired 2 missiles at Al Dhafra Air Base in the United Arab Emirates, which hosts around 2,000 members of the Armed Forces of the United States. (22) On January 31, 2022, surface-to-air interceptors of the United Arab Emirates shot down a Houthi missile fired at the United Arab Emirates during a visit by President of Israel Isaac Herzog, the first-ever visit of an Israeli President to the United Arab Emirates. (23) On February 9, 2022, the Islamic Republic of Iran unveiled a new surface-to-surface missile, named Kheibar Shekan , which has a reported range of 900 miles (1450 kilometers) and is capable of penetrating missile shields. (24) On March 13, 2022, the Islamic Republic of Iran launched 12 missiles into Erbil, Iraq, which struck near a consulate building of the United States. (25) On April 17, 2022, the Islamic Republic of Iran confirmed the relocation of a production facility for advanced centrifuges from an aboveground facility at Karaj, Iran, to the fortified underground Natanz Enrichment Complex. (26) On April 19, 2022, the Department of State released a report stating that there are serious concerns about possible undeclared nuclear material and activities in Iran . (27) On May 30, 2022, the International Atomic Energy Agency reported that the Islamic Republic of Iran had achieved a stockpile of 43.3 kilograms, equivalent to 95.5 pounds, of 60 percent highly enriched uranium, roughly enough material for a nuclear weapon. (28) On June 8, 2022, the Islamic Republic of Iran turned off surveillance cameras installed by the International Atomic Energy Agency to monitor uranium enrichment activities at nuclear sites in the country. 3. Sense of Congress It is the sense of Congress that— (1) the Department of State has used evidence of the intent of the Islamic Republic of Iran to advance a nuclear program to secure the support of the international community in passing and implementing United Nations Security Council Resolutions on the Islamic Republic of Iran; (2) intelligence agencies have compiled evidence of the intent of the Islamic Republic of Iran to advance a nuclear program, with direct evidence of an active nuclear weapons program prior to 2003; (3) an Islamic Republic of Iran that possesses a nuclear weapons capability would be a serious threat to the national security of the United States, Israel, and other allies and partners; (4) the Islamic Republic of Iran has been less than cooperative with international inspectors from the International Atomic Energy Agency and has obstructed their ability to inspect numerous nuclear facilities across Iran; (5) the Islamic Republic of Iran continues to advance its nuclear weapons and missile programs, which are a threat to the national security of the United States, Israel, and other allies and partners; and (6) all possible action should be taken by the United States— (A) to ensure that the Islamic Republic of Iran does not develop a nuclear weapons capability; and (B) to protect against aggression from the Islamic Republic of Iran manifested in its missiles program. 4. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Armed Services, the Committee on Energy and Natural Resources, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Armed Services, the Committee on Energy and Commerce, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Comprehensive Safeguards Agreement The term Comprehensive Safeguards Agreement means the Agreement between the Islamic Republic of Iran and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons, done at Vienna June 19, 1973. (3) Task force The term task force means the task force established under section 5. (4) Unmanned aircraft system The term unmanned aircraft system has the meaning given the term in section 44801 of title 49, United States Code. 5. Establishment of interagency task force on nuclear activity in the Islamic Republic of Iran (a) Establishment The Secretary of State shall establish a task force to consolidate and synthesize efforts by the United States Government to monitor and assess nuclear weapons activity being carried out by the Islamic Republic of Iran or its proxies. (b) Composition (1) Chairperson The Secretary of State shall be the Chairperson of the task force. (2) Membership (A) In general The task force shall be composed of individuals, each of whom shall be an employee of and appointed to the task force by the head of one of the following agencies: (i) The Department of State. (ii) The Office of the Director of National Intelligence. (iii) The Department of Defense. (iv) The Department of Energy. (v) The Central Intelligence Agency. (B) Additional members The Chairperson may appoint to the task force additional individuals from other Federal agencies, as the Chairperson considers necessary. 6. Reports to Congress (a) Report on nuclear activity (1) In general Not later than 120 days after the date of the enactment of this Act, and every 120 days thereafter until December 31, 2028, the Secretary of State, in consultation with the task force, shall submit to the appropriate congressional committees a report on nuclear activity in the Islamic Republic of Iran. (2) Contents The report required by paragraph (1) shall include— (A) a description and location of current fuel cycle activities for the production of fissile material being undertaken by the Islamic Republic of Iran, including— (i) research and development activities to procure or construct additional advanced IR–2, IR–6, and other model centrifuges and enrichment cascades, including for stable isotopes; (ii) research and development of reprocessing capabilities, including— (I) reprocessing of spent fuel; and (II) extraction of medical isotopes from irradiated uranium targets; (iii) activities with respect to designing or constructing reactors, including— (I) the construction of heavy water reactors; (II) the manufacture or procurement of reactor components, including the intended application of such components; and (III) efforts to rebuild the original reactor at Arak; (iv) uranium mining, concentration, conversion, and fuel fabrication, including— (I) estimated uranium ore production capacity and annual recovery; (II) recovery processes and ore concentrate production capacity and annual recovery; (III) research and development with respect to, and the annual rate of, conversion of uranium; and (IV) research and development with respect to the fabrication of reactor fuels, including the use of depleted, natural, and enriched uranium; and (v) activities with respect to— (I) producing or acquiring plutonium or uranium (or their alloys); (II) conducting research and development on plutonium or uranium (or their alloys); (III) uranium metal; or (IV) casting, forming, or machining plutonium or uranium; (B) with respect to any activity described in subparagraph (A), a description, as applicable, of— (i) the number and type of centrifuges used to enrich uranium and the operating status of such centrifuges; (ii) the number and location of any enrichment or associated research and development facility used to engage in such activity; (iii) the amount of heavy water, in metric tons, produced by such activity and the acquisition or manufacture of major reactor components, including, for the second and subsequent reports, the amount produced since the last report; (iv) the number and type of fuel assemblies produced by the Islamic Republic of Iran, including failed or rejected assemblies; and (v) the total amount of— (I) uranium-235 enriched to not greater than 5 percent purity; (II) uranium-235 enriched to greater than 5 percent purity and not greater than 20 percent purity; (III) uranium-235 enriched to greater than 20 percent purity and not greater than 60 percent purity; (IV) uranium-235 enriched to greater than 60 percent purity and not greater than 90 percent purity; and (V) uranium-235 enriched greater than 90 percent purity; (C) a description of weaponization plans and capabilities of the Islamic Republic of Iran, including— (i) plans and capabilities with respect to— (I) weapon design, including fission, warhead miniaturization, and boosted and early thermonuclear weapon design; (II) high-yield fission development; (III) design, development, acquisition, or use of computer models to simulate nuclear explosive devices; and (IV) design, development, fabricating, acquisition, or use of explosively driven neutron sources or specialized materials for explosively driven neutron sources; (ii) the ability of the Islamic Republic of Iran to deploy a working or reliable delivery vehicle capable of carrying a nuclear warhead; (iii) the estimated breakout time for the Islamic Republic of Iran to develop and deploy a nuclear weapon, including a crude nuclear weapon; (iv) the status and location of any research and development work site related to the preparation of an underground nuclear test; and (v) any dual-use item (as defined under section 730.3 of title 15, Code of Federal Regulations or listed on the List of Nuclear-Related Dual-Use Equipment, Materials, Software, and Related Technology issued by the Nuclear Suppliers Group or any successor list) the Islamic Republic of Iran is using to further the nuclear weapon or missile program; (D) an identification of clandestine nuclear facilities, including nuclear facilities and activities discovered or reported by Israel or other allies or partners of the United States; (E) an assessment of whether the Islamic Republic of Iran— (i) is in compliance with the Comprehensive Safeguards Agreement and modified Code 3.1 of the Subsidiary Arrangements to the Comprehensive Safeguards Agreement; and (ii) has denied access to sites that the International Atomic Energy Agency has sought to inspect during the period covered by the report; (F) any diversion by the Islamic Republic of Iran of uranium, carbon-fiber, or other materials for use in an undeclared or clandestine facility; (G) an assessment of activities related to nuclear weapons conducted at facilities controlled by the Ministry of Defense and Armed Forces Logistics of Iran, the Islamic Revolutionary Guard Corps, and the Organization of Defensive Innovation and Research, including an analysis of gaps in knowledge due to the lack of inspections and nontransparency of such facilities; (H) a description of activities between the Islamic Republic of Iran and other countries, including the Democratic People's Republic of Korea, or persons with respect to sharing information on nuclear weapons or activities related to weaponization; (I) with respect to any new ballistic, cruise, or hypersonic missiles being designed and tested by the Islamic Republic of Iran or any of its proxies, a description of— (i) the type of missile; (ii) the range of such missiles; (iii) the capability of such missiles to deliver a nuclear warhead; (iv) the number of such missiles; and (v) any testing of such missiles; (J) an assessment of whether the Islamic Republic of Iran or any of its proxies possesses an unmanned aircraft system or other military equipment capable of delivering a nuclear weapon; (K) an assessment of whether the Islamic Republic of Iran or any of its proxies has engaged in new or evolving nuclear weapons development activities that would pose a threat to the national security of the United States, Israel, or other partners or allies; and (L) any other information that the task force determines is necessary to ensure a complete understanding of the nuclear or other weapons activities of the Islamic Republic of Iran. (3) Form; public availability (A) Form Each report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex for information that, if released, would be detrimental to the national security of the United States. (B) Public availability The unclassified portion of a report required by paragraph (1) shall be made available to the public on an internet website of the Department of State. (b) Immediate report required If the task force receives credible intelligence of a significant development in the nuclear weapons capabilities or delivery systems capabilities of the Islamic Republic of Iran, which if not reported before the delivery of the next report under subsection (a)(1) would be detrimental to the national security of the United States, Israel, or other allies or partners, the task force shall, within 72 hours of the receipt of such intelligence, submit to the appropriate congressional committees a report on such development. 7. Diplomatic strategy to address identified nuclear and ballistic missile threats to the United States (a) In general Not later than 30 days after the submission of the initial report under section 6(a), and annually thereafter, the Secretary of State shall submit to the appropriate congressional committees a diplomatic strategy that outlines a comprehensive plan for engaging with partners and allies of the United States regarding the nuclear weapons and missile activities of the Islamic Republic of Iran. (b) Contents The diplomatic strategy required by subsection (a) shall include— (1) a description of efforts of the United States to counter efforts of the Islamic Republic of Iran to project political and military influence into the Middle East; (2) a response by the Secretary of State to the increased threat that new or evolving nuclear weapons or missile development activities by the Islamic Republic of Iran pose to United States citizens and the diplomatic presence of the United States in the Middle East; (3) a description of a coordinated whole-of-government approach to use political, economic, and security related tools to address such activities; and (4) a comprehensive plan for engaging with allies and regional partners in all relevant multilateral fora to address such activities. (c) Updated strategy related to immediate reports Not later than 15 days after the submission of report under section 6(b), the Secretary of State shall submit to the appropriate congressional committees an update to the most recent diplomatic strategy submitted under subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s4554is/xml/BILLS-117s4554is.xml |
117-s-4555 | II 117th CONGRESS 2d Session S. 4555 IN THE SENATE OF THE UNITED STATES July 19, 2022 Mr. Barrasso introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To direct the Secretary of the Interior to establish within the National Park Service the Japanese American World War II History Network, and for other purposes.
1. Short title This Act may be cited as the Japanese American World War II History Network Act . 2. Japanese American World War II History Network (a) Establishment The Secretary of the Interior (referred to in this Act as the Secretary ) shall establish within the National Park Service a program, to be known as the Japanese American World War II History Network (referred to in this Act as the Network ). (b) Duties of Secretary In carrying out the Network, the Secretary shall— (1) review studies and reports to complement, and not duplicate, studies of Japanese American World War II history and Japanese American experiences during World War II (including studies relating to relocation centers and confinement sites) that are in progress or complete; (2) produce and disseminate appropriate educational materials, such as handbooks, maps, interpretive guides, or electronic information, relating to Japanese American World War II history and Japanese American experiences during World War II, including with respect to relocation centers and confinement sites; (3) enter into appropriate cooperative agreements and memoranda of understanding to provide technical assistance under section 3; and (4) (A) create and adopt an official, uniform symbol or device for the Network; and (B) issue regulations for the use of the symbol or device adopted under subparagraph (A). (c) Elements The Network shall encompass the following elements: (1) All units of the National Park System and programs of the National Park Service that are determined by the Secretary to relate to Japanese American World War II history and Japanese American experiences during the war, including relocation centers and confinement sites. (2) With the consent of the property owner, other Federal, State, local, Tribal, and privately owned properties that— (A) relate to Japanese American World War II history and Japanese American experiences during World War II, including relocation centers and confinement sites; (B) have a verifiable connection to Japanese American World War II history and Japanese American experiences during World War II, including relocation centers and confinement sites; and (C) are included in, or determined by the Secretary to be eligible for inclusion in, the National Register of Historic Places. (3) Other governmental and nongovernmental facilities and programs of an educational, research, or interpretive nature that are directly related to Japanese American World War II history and Japanese American experiences during the war, including relocation centers and confinement sites. 3. Cooperative agreements and memoranda of understanding To achieve the purposes of this Act and to ensure effective coordination of the Federal and non-Federal elements of the Network described in section 2(c) with units of the National Park System and programs of the National Park Service, including the Japanese American Confinement Sites Program, the Secretary may enter into cooperative agreements and memoranda of understanding with, and provide technical assistance to, the heads of other Federal agencies, States, units of local government, Indian Tribes, regional governmental bodies, and private entities. 4. Sunset The authority of the Secretary under this Act shall terminate on the date that is 7 years after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4555is/xml/BILLS-117s4555is.xml |
117-s-4556 | II 117th CONGRESS 2d Session S. 4556 IN THE SENATE OF THE UNITED STATES July 19, 2022 Mrs. Feinstein (for herself, Ms. Baldwin , and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To repeal the Defense of Marriage Act and ensure respect for State regulation of marriage, and for other purposes.
1. Short title This Act may be cited as the Respect for Marriage Act . 2. Full faith and credit given to marriage equality Chapter 115 of title 28, United States Code, is amended by striking section 1738C and inserting the following: 1738C. Certain acts, records, and proceedings and the effect thereof (a) Definition In this section, the term State has the meaning given the term in section 7 of title 1. (b) Prohibition No person acting under color of law of a State may deny— (1) full faith and credit to any public act, record, or judicial proceeding of any other State pertaining to a marriage between 2 individuals, on the basis of the sex, gender, race, ethnicity, or national origin of those individuals; or (2) a right or claim arising from such a marriage on the basis that such marriage would not be recognized under the law of such other State on the basis of the sex, gender, race, ethnicity, or national origin of those individuals. (c) Enforcement by attorney general The Attorney General may bring a civil action in the appropriate district court of the United States against any person who violates subsection (b) for declaratory and injunctive relief. (d) Private right of action Any person who is harmed by a violation of subsection (b) may bring a civil action in the appropriate district court of the United States against the person who violated such subsection for declaratory and injunctive relief. . 3. Marriage recognition Section 7 of title 1, United States Code, is amended to read as follows: 7. Marriage (a) Definition In this section, the term State means a State, the District of Columbia, the Commonwealth of Puerto Rico, any other territory or possession of the United States, or an Indian Tribe. (b) Marriage For the purposes of any Federal law in which marital status is a factor, an individual shall be considered married if— (1) the marriage of the individual is valid in the State where the marriage was entered into; or (2) in the case of a marriage entered into outside any State, the marriage— (A) is valid in the place where entered into; and (B) could have been entered into in a State. . 4. Severability If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, any amendment made thereby, or the application of such provision or amendment to all other persons, entities, governments, or circumstances, shall not be affected thereby. | https://www.govinfo.gov/content/pkg/BILLS-117s4556is/xml/BILLS-117s4556is.xml |
117-s-4557 | II 117th CONGRESS 2d Session S. 4557 IN THE SENATE OF THE UNITED STATES July 19, 2022 Mr. Markey (for himself, Ms. Hirono , Ms. Duckworth , Mr. Menendez , Mr. Sanders , Ms. Baldwin , Ms. Warren , Mr. Murphy , Mr. Whitehouse , Mr. Carper , Mr. Van Hollen , Mr. Brown , Mr. Blumenthal , Mrs. Gillibrand , Ms. Klobuchar , Ms. Cantwell , Ms. Smith , Mrs. Shaheen , Mr. Reed , Mrs. Feinstein , Mr. Booker , Mr. Luján , Ms. Stabenow , Mr. Kaine , Mr. Heinrich , Mr. Merkley , Mr. Padilla , Mr. Warner , Ms. Rosen , and Mr. Hickenlooper ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To protect a person’s ability to access contraceptives and to engage in contraception, and to protect a health care provider’s ability to provide contraceptives, contraception, and information related to contraception.
1. Short title This Act may be cited as the Right to Contraception Act . 2. Definitions In this Act: (1) Contraception The term contraception means an action taken to prevent pregnancy, including the use of contraceptives or fertility-awareness based methods, and sterilization procedures. (2) Contraceptive The term contraceptive means any drug, device, or biological product intended for use in the prevention of pregnancy, whether specifically intended to prevent pregnancy or for other health needs, that is legally marketed under the Federal Food, Drug, and Cosmetic Act, such as oral contraceptives, long-acting reversible contraceptives, emergency contraceptives, internal and external condoms, injectables, vaginal barrier methods, transdermal patches, and vaginal rings, or other contraceptives. (3) Government The term government includes each branch, department, agency, instrumentality, and official of the United States or a State. (4) Health care provider The term health care provider means, with respect to a State, any entity or individual (including any physician, certified nurse-midwife, nurse, nurse practitioner, physician assistant, and pharmacist) that is licensed or otherwise authorized by the State to provide health care services. (5) State The term State includes each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each territory and possession of the United States, and any subdivision of any of the foregoing, including any unit of local government, such as a county, city, town, village, or other general purpose political subdivision of a State. 3. Findings Congress finds the following: (1) The right to contraception is a fundamental right, central to a person’s privacy, health, wellbeing, dignity, liberty, equality, and ability to participate in the social and economic life of the Nation. (2) The Supreme Court has repeatedly recognized the constitutional right to contraception. (3) In Griswold v. Connecticut (381 U.S. 479 (1965)), the Supreme Court first recognized the constitutional right for married people to use contraceptives. (4) In Eisenstadt v. Baird (405 U.S. 438 (1972)), the Supreme Court confirmed the constitutional right of all people to legally access contraceptives regardless of marital status. (5) In Carey v. Population Services International (431 U.S. 678 (1977)), the Supreme Court affirmed the constitutional right to contraceptives for minors. (6) The right to contraception has been repeatedly recognized internationally as a human right. The United Nations Population Fund has published several reports outlining family planning as a basic human right that advances women’s health, economic empowerment, and equality. (7) Access to contraceptives is internationally recognized by the World Health Organization as advancing other human rights such as the right to life, liberty, expression, health, work, and education. (8) Contraception is safe, essential health care, and access to contraceptive products and services is central to people’s ability to participate equally in economic and social life in the United States and globally. Contraception allows people to make decisions about their families and their lives. (9) Contraception is key to sexual and reproductive health. Contraception is critical to preventing unintended pregnancy, and many contraceptives are highly effective in preventing and treating a wide array of often severe medical conditions and decrease the risk of certain cancers. (10) Family planning improves health outcomes for women, their families, and their communities and reduces rates of maternal and infant mortality and morbidity. (11) The United States has a long history of reproductive coercion, including the childbearing forced upon enslaved women, as well as the forced sterilization of Black women, Puerto Rican women, indigenous women, immigrant women, and disabled women, and reproductive coercion continues to occur. (12) The right to make personal decisions about contraceptive use is important for all Americans, and is especially critical for historically marginalized groups, including Black, indigenous, and other people of color; immigrants; LGBTQ people; people with disabilities; people with low incomes; and people living in rural and underserved areas. Many people who are part of these marginalized groups already face barriers—exacerbated by social, political, economic, and environmental inequities—to comprehensive health care, including reproductive health care, that reduce their ability to make decisions about their health, families, and lives. (13) State and Federal policies governing pharmaceutical and insurance policies affect the accessibility of contraceptives, and the settings in which contraception services are delivered. (14) People engage in interstate commerce to access contraception services. (15) To provide contraception services, health care providers employ and obtain commercial services from doctors, nurses, and other personnel who engage in interstate commerce and travel across State lines. (16) Congress has the authority to enact this Act to protect access to contraception pursuant to— (A) its powers under the Commerce Clause of section 8 of article I of the Constitution of the United States; (B) its powers under section 5 of the Fourteenth Amendment to the Constitution of the United States to enforce the provisions of section 1 of the Fourteenth Amendment; and (C) its powers under the necessary and proper clause of section 8 of article I of the Constitution of the United States. (17) Congress has used its authority in the past to protect and expand access to contraception information, products, and services. (18) In 1970, Congress established the family planning program under title X of the Public Health Service Act ( 42 U.S.C. 300 et seq. ), the only Federal grant program dedicated to family planning and related services, providing access to information, products, and services for contraception. (19) In 1972, Congress required the Medicaid program to cover family planning services and supplies, and the Medicaid program currently accounts for 75 percent of Federal funds spent on family planning. (20) In 2010, Congress enacted the Patient Protection and Affordable Care Act ( Public Law 111–148 ) (referred to in this section as the ACA ). Among other provisions, the ACA included provisions to expand the affordability and accessibility of contraception by requiring health insurance plans to provide coverage for preventive services with no patient cost-sharing. (21) Despite the clearly established constitutional right to contraception, access to contraceptives, including emergency contraceptives and long-acting reversible contraceptives, has been obstructed across the United States in various ways by Federal and State governments. (22) As of 2022, at least 4 States tried to ban access to some or all contraceptives by restricting access to public funding for these products and services. Furthermore, Arkansas, Mississippi, Missouri, and Texas have infringed on people’s ability to access their contraceptive care by violating the free choice of provider requirement under the Medicaid program. (23) Providers’ refusals to offer contraceptives and information related to contraception based on their own personal beliefs impede patients from obtaining their preferred method, with laws in 12 States as of the date of introduction of this Act specifically allowing health care providers to refuse to provide services related to contraception. (24) States have attempted to define abortion expansively so as to include contraceptives in State bans on abortion and have also restricted access to emergency contraception. (25) In June 2022, Justice Thomas, in his concurring opinion in Dobbs v. Jackson Women’s Health Organization (597 U.S. __ (2022)), stated that the Supreme Court should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell and that the Court has a duty to correct the error established in those precedents by overruling them. (26) In order to further public health and to combat efforts to restrict access to reproductive health care, congressional action is necessary to protect access to contraceptives, contraception, and information related to contraception for everyone, regardless of actual or perceived race, ethnicity, sex (including gender identity and sexual orientation), income, disability, national origin, immigration status, or geography. 4. Permitted services (a) General rule A person has a statutory right under this Act to obtain contraceptives and to engage in contraception, and a health care provider has a corresponding right to provide contraceptives, contraception, and information related to contraception. (b) Limitations or requirements The statutory rights specified in subsection (a) shall not be limited or otherwise infringed through any limitation or requirement that— (1) expressly, effectively, implicitly, or as implemented singles out the provision of contraceptives, contraception, or contraception-related information; health care providers who provide contraceptives, contraception, or contraception-related information; or facilities in which contraceptives, contraception, or contraception-related information is provided; and (2) impedes access to contraceptives, contraception, or contraception-related information. (c) Exception To defend against a claim that a limitation or requirement violates a health care provider’s or patient’s statutory rights under subsection (b), a party must establish, by clear and convincing evidence, that— (1) the limitation or requirement significantly advances access to contraceptives, contraception, and information related to contraception; and (2) access to contraceptives, contraception, and information related to contraception or the health of patients cannot be advanced by a less restrictive alternative measure or action. 5. Applicability and preemption (a) In general (1) General application Except as stated under subsection (b), this Act supersedes and applies to the law of the Federal Government and each State government, and the implementation of such law, whether statutory, common law, or otherwise, and whether adopted before or after the date of enactment of this Act, and neither the Federal Government nor any State government shall administer, implement, or enforce any law, rule, regulation, standard, or other provision having the force and effect of law that conflicts with any provision of this Act, notwithstanding any other provision of Federal law, including the Religious Freedom Restoration Act of 1993 ( 42 U.S.C. 2000bb et seq. ). (2) Subsequently enacted federal legislation Federal statutory law adopted after the date of the enactment of this Act is subject to this Act unless such law explicitly excludes such application by reference to this Act. (b) Limitations The provisions of this Act shall not supersede or otherwise affect any provision of Federal law relating to coverage under (and shall not be construed as requiring the provision of specific benefits under) group health plans or group or individual health insurance coverage or coverage under a Federal health care program (as defined in section 1128B(f) of the Social Security Act (42 U.S.C. 1320a–7b(f))), including coverage provided under section 1905(a)(4)(C) of the Social Security Act ( 42 U.S.C. 1396d(a)(4)(C) ) and section 2713 of Public Health Service Act ( 42 U.S.C. 300gg–13 ). (c) Defense In any cause of action against an individual or entity who is subject to a limitation or requirement that violates this Act, in addition to the remedies specified in section 7, this Act shall also apply to, and may be raised as a defense by, such an individual or entity. (d) Effective date This Act shall take effect immediately upon the date of enactment of this Act. 6. Rules of construction (a) In general In interpreting the provisions of this Act, a court shall liberally construe such provisions to effectuate the purposes of the Act. (b) Rule of construction Nothing in this Act shall be construed— (1) to authorize any government to interfere with a health care provider’s ability to provide contraceptives or information related to contraception or a patient’s ability to obtain contraceptives or to engage in contraception; or (2) to permit or sanction the conduct of any sterilization procedure without the patient’s voluntary and informed consent. (c) Other individuals considered as government officials Any person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation or requirement that violates section 4 shall be considered a government official for purposes of this Act. 7. Enforcement (a) Attorney general The Attorney General may commence a civil action on behalf of the United States against any State that violates, or against any government official (including a person described in section 6(c)) that implements or enforces a limitation or requirement that violates, section 4. The court shall hold unlawful and set aside the limitation or requirement if it is in violation of this Act. (b) Private right of action (1) In general Any individual or entity, including any health care provider or patient, adversely affected by an alleged violation of this Act, may commence a civil action against any State that violates, or against any government official (including a person described in section 6(c)) that implements or enforces a limitation or requirement that violates, section 4. The court shall hold unlawful and set aside the limitation or requirement if it is in violation of this Act. (2) Health care provider A health care provider may commence an action for relief on its own behalf, on behalf of the provider’s staff, and on behalf of the provider’s patients who are or may be adversely affected by an alleged violation of this Act. (c) Equitable relief In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. (d) Costs In any action under this section, the court shall award costs of litigation, as well as reasonable attorney’s fees, to any prevailing plaintiff. A plaintiff shall not be liable to a defendant for costs or attorney’s fees in any non-frivolous action under this section. (e) Jurisdiction The district courts of the United States shall have jurisdiction over proceedings under this Act and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law. (f) Abrogation of state immunity Neither a State that enforces or maintains, nor a government official (including a person described in section 6(c)) who is permitted to implement or enforce any limitation or requirement that violates section 4 shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, or any other source of law, from an action in a Federal or State court of competent jurisdiction challenging that limitation or requirement. 8. Severability If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby. | https://www.govinfo.gov/content/pkg/BILLS-117s4557is/xml/BILLS-117s4557is.xml |
117-s-4558 | II 117th CONGRESS 2d Session S. 4558 IN THE SENATE OF THE UNITED STATES July 19, 2022 Mr. Cardin (for himself, Mrs. Feinstein , Mr. Van Hollen , Ms. Warren , and Mr. King ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend title 51, United States Code, to direct the Administrator of the National Aeronautics and Space Administration to establish an initiative to conduct research, development, and demonstration on technologies capable of reducing greenhouse gas emissions and noise emissions from aircraft, and for other purposes.
1. Short title This Act may be cited as the Cleaner, Quieter Airplanes Act . 2. Findings Congress makes the following findings: (1) Air travel currently contributes approximately 3 percent to global carbon emissions, but emissions from this sector are expected to triple by 2050. (2) A healthy, thriving aviation sector contributes to the quality of life and economic well-being of the United States. In 2016, the Federal Aviation Administration found that civil aviation accounted for 5.2 percent of the United States gross domestic product, generated $1,800,000,000,000, and supported 10,900,000 jobs. (3) Existing aircraft technologies contribute to noise pollution that has adverse impacts on the quality of life in affected communities. As air traffic volumes increase and the adoption of performance-based navigation technology proceeds, the problem of noise pollution is becoming more severe in some areas. (4) The United States has adopted a goal of net-zero greenhouse gas emissions from the United States aviation sector by 2050. (5) Research on technologies to lessen the environmental and noise impacts of aviation is ongoing, but should accelerate, and should include work on the further maturation and integration of multiple enabling technologies on production aircraft, including novel integrated systems at the aircraft level. 3. National Aeronautics and Space Administration Initiative on reduction of greenhouse gas and noise emissions from aircraft (a) Initiative required Section 40112 of title 51, United States Code, is amended— (1) by redesignating subsections (b) through (f) as subsections (c) through (g), respectively; and (2) by inserting after subsection (a) the following: (b) Research and development initiative on reduction of greenhouse gas and noise emissions from aircraft (1) In general The Administrator shall establish an initiative to research, develop, and demonstrate new technologies and concepts— (A) to reduce greenhouse gas emissions from aviation, including carbon dioxide, nitrogen oxides, other greenhouse gases, water vapor, particulates, black carbon and sulfate aerosols, and increased cloudiness due to contrail formation; (B) to reduce noise emissions from aircraft; and (C) to enable associated aircraft performance characteristics. (2) Goals The goals of the initiative shall be— (A) to ensure United States leadership in research and technology innovation leading to substantial reductions in aviation noise and greenhouse gas emissions; (B) to enhance and expand basic research, and the translation of basic research into applications, that may lead to transformational advances in reducing aviation noise and greenhouse gas emissions; (C) to accelerate research and development that contributes to maturing new technologies for reducing aircraft noise and greenhouse gas emissions; and (D) to obtain and disseminate associated testing and performance data that facilitates the incorporation of new technologies into commercial aircraft development as soon as practicable. (3) Objectives The objectives of the initiative and goals in paragraph (1) shall include— (A) a reduction of greenhouse gas emissions from new and replacement aircraft to the extent necessary to achieve net-zero greenhouse gas emissions from United States aviation by 2050; (B) noise levels from aircraft throughout all phases of flight that do not exceed ambient noise levels in the absence of flight operations in the vicinity of the flight route; and (C) demonstration of new technologies and integrated technology suites developed pursuant to such initiative on new and replacement aircraft. . (b) Technology focus areas In carrying out the research and development initiative established under section 40112(b) of title 51, United States Code, the Administrator of the National Aeronautics and Space Administration (referred to in this Act as the Administrator ) shall advance research, development, and demonstration projects on promising technologies such as— (1) advanced subsonic propulsion technology, design, and integration; (2) electric and hybrid-electric propulsion, including battery electric and hydrogen fuel cell electric systems; (3) direct burn of liquid hydrogen through advanced turbofan optimization for burning liquid hydrogen and minimizing associated water vapor emissions; (4) airframe concepts and configurations that simultaneously reduce noise and greenhouse gas emissions; (5) analysis of technology options, including cost-benefit analysis of greenhouse gas and noise emissions reduction technologies; (6) analytical tools for system-level and system-of-systems-level modeling and integration; (7) airspace operations improvements; (8) noise emissions reduction; and (9) any other effort, as determined by the Administrator, that contributes to a sustainable future for aviation. (c) Implementation In implementing the initiative established under section 40112(b) of title 51, United States Code, the Administrator shall, to the extent practicable— (1) ensure that testing and performance data integrates the results of community acceptance surveys conducted by the Federal Aviation Administration and other relevant studies, including studies on the impacts of new noise effects from novel propulsion systems and from airspace operations changes; (2) provide testing and performance data on the technologies described in subsection (b) of this section to the Administrator of the Federal Aviation Administration to facilitate the work of the Federal Aviation Administration in identifying new requirements for policy, infrastructure, and administrative capacity necessary to enable the safe integration of such technologies on aircraft; (3) pursue partnerships with organizations, current commercial production aircraft providers, academic institutions, small businesses, and new entrants, including partnerships to advance research and development activities related to both regional aircraft and aircraft designed to accommodate more than 125 passengers; (4) include universities, academic institutions, and other research organizations in the partnerships under paragraph (3); (5) expand basic research; (6) ensure equity in research sponsorship and partnership opportunities with underrepresented students, faculty, and minority-serving institutions; (7) continue to coordinate with the Department of Energy on battery technology research; (8) make available the research and development carried out under the initiative established under subsection (b) of section 40112 of title 51, United States Code, to help enable an industry-wide shift toward aircraft concepts that reduce greenhouse gas emissions and aircraft noise to achieve the goals and objectives under paragraphs (2) and (3) of such subsection; and (9) continue to support research, development, and demonstration of aircraft concepts, including systems architecture, materials and components, integration of systems and airframe structures, human factors, airspace planning and operations, and the integration of related advanced technologies and concepts, with the goal of carrying out test flights with integrated subsystems by 2025. (d) Annual report Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Administrator shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives on the progress of the efforts carried out under the initiative established under subsection (b) of section 40112 of title 51, United States Code, including— (1) measured progress toward net-zero greenhouse gas emissions and reduced noise emissions from United States aviation; (2) an updated, anticipated timeframe for readiness of technologies and aircraft to be adopted by industry with the emissions reduction levels directed under such subsection; and (3) an identification of fundamental aeronautics research activities contributing to achieving the goals and objectives of such initiative, as described in paragraphs (2) and (3) of that subsection, and a description of any obstacles to achieving such goals and objectives. | https://www.govinfo.gov/content/pkg/BILLS-117s4558is/xml/BILLS-117s4558is.xml |
117-s-4559 | II 117th CONGRESS 2d Session S. 4559 IN THE SENATE OF THE UNITED STATES July 19, 2022 Mr. Casey introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To strengthen and enhance the competitiveness of American manufacturing through the research and development of advanced technologies to reduce steelmaking emissions, and for other purposes.
1. Short title This Act may be cited as the Steel Upgrading Partnerships and Emissions Reduction Act of 2022 or the SUPER Act of 2022 . 2. Low-emissions steel manufacturing research program (a) Program Subtitle D of title IV of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17111 et seq. ) is amended by inserting after section 454 the following: 454A. Low-emissions steel manufacturing research program (a) Purpose The purpose of this section is to encourage the research and development of innovative technologies aimed at— (1) increasing the technological and economic competitiveness of industry and manufacturing in the United States; and (2) achieving significant net nonwater greenhouse emissions reductions in the production processes for iron, steel, and steel mill products. (b) Definitions In this section: (1) Commercially available steelmaking The term commercially available steelmaking means the current production method of iron, steel, and steel mill products. (2) Critical material The term critical material has the meaning given such term in section 7002 of the Energy Act of 2020 ( 30 U.S.C. 1606 ). (3) Critical mineral The term critical mineral has the meaning given such term in section 7002 of the Energy Act of 2020 ( 30 U.S.C. 1606 ). (4) Eligible entity The term eligible entity means— (A) an institution of higher education; (B) an appropriate State or Federal entity, including a federally funded research and development center of the Department; (C) a nonprofit research institution; (D) a private entity; (E) any other relevant entity the Secretary determines appropriate; and (F) a partnership or consortium of two or more entities described in subparagraphs (A) through (E). (5) Low-emissions steel manufacturing The term low-emissions steel manufacturing means advanced or commercially available steelmaking with the reduction, to the maximum extent practicable, of net nonwater greenhouse gas emissions to the atmosphere from the production of iron, steel, and steel mill products. (c) In general Not later than 180 days after the date of enactment of the Steel Upgrading Partnerships and Emissions Reduction Act of 2022 , the Secretary shall establish a program of research, development, demonstration, and commercial application of advanced tools, technologies, and methods for low-emissions steel manufacturing. (d) Requirements In carrying out the program under subsection (c), the Secretary shall— (1) coordinate this program with the programs and activities authorized in title VI of division Z of the Consolidated Appropriations Act, 2021; (2) coordinate across all relevant program offices of the Department, including the Office of Science, Office of Energy Efficiency and Renewable Energy, the Office of Fossil Energy, and the Office of Nuclear Energy; (3) leverage, to the extent practicable, the research infrastructure of the Department, including scientific computing user facilities, x-ray light sources, neutron scattering facilities, and nanoscale science research centers; and (4) conduct research, development, and demonstration of low-emissions steel manufacturing technologies that have the potential to increase domestic production and employment in advanced and commercially available steelmaking. (e) Strategic plan (1) In general Not later than 180 days after the date of enactment of the Steel Upgrading Partnerships and Emissions Reduction Act of 2022 , the Secretary shall develop a 5-year strategic plan identifying research, development, demonstration, and commercial application goals for the program established in subsection (c). The Secretary shall submit this plan to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (2) Contents The strategic plan submitted under paragraph (1) shall— (A) identify programs at the Department related to low-emissions steel manufacturing that support the research, development, demonstration, and commercial application activities described in this section, and the demonstration projects under subsection (h); (B) establish technological and programmatic goals to achieve the requirements of subsection (d); and (C) include timelines for the accomplishment of goals developed under the plan. (3) Updates to plan Not less than once every two years, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an updated version of the plan under paragraph (1). (f) Focus areas In carrying out the program established in subsection (c), the Secretary shall focus on— (1) medium- and high-temperature heat generation technologies used for low-emissions steel manufacturing, which may include— (A) alternative fuels, including hydrogen and biomass; (B) alternative reducing agents, including hydrogen; (C) renewable heat generation technology, including solar and geothermal; (D) electrification of heating processes, including through electrolysis; and (E) other heat generation sources; (2) carbon capture technologies for advanced and commercially available steelmaking processes, which may include— (A) combustion and chemical looping technologies; (B) use of slag to reduce carbon dioxide emissions; (C) pre-combustion technologies; and (D) post-combustion technologies; (3) smart manufacturing technologies and principles, digital manufacturing technologies, and advanced data analytics to develop advanced technologies and practices in information, automation, monitoring, computation, sensing, modeling, and networking to— (A) model and simulate manufacturing production lines; (B) monitor and communicate production line status; and (C) model, simulate, and optimize the energy efficiency of manufacturing processes; (4) technologies and practices that minimize energy and natural resource consumption, which may include— (A) designing products that enable reuse, refurbishment, remanufacturing, and recycling; (B) minimizing waste from advanced and commercially available steelmaking processes, including through the reuse of waste as resources in other industrial processes for mutual benefit; (C) increasing resource efficiency; and (D) increasing the energy efficiency of advanced and commercially available steelmaking processes; (5) alternative materials and technologies that produce fewer emissions during production and result in fewer emissions during use, which may include— (A) innovative raw materials; (B) high-performance lightweight materials; (C) substitutions for critical materials and critical minerals; and (D) other technologies that achieve significant carbon emission reductions in low-emissions steel manufacturing, as determined by the Secretary; and (6) high-performance computing to develop advanced materials and manufacturing processes contributing to the focus areas described in paragraphs (1) through (5), including— (A) modeling, simulation, and optimization of the design of energy efficient and sustainable products; and (B) the use of digital prototyping and additive manufacturing to enhance product design. (g) Testing and validation The Secretary, in consultation with the Director of the National Institute of Standards and Technology, shall support the development of standardized testing and technical validation of advanced and commercially available steelmaking and low-emissions steel manufacturing through collaboration with one or more National Laboratories, and one or more eligible entities. (h) Demonstration (1) Establishment Not later than 180 days after the date of enactment of the Steel Upgrading Partnerships and Emissions Reduction Act of 2022 , the Secretary, in carrying out the program established in subsection (c), and in collaboration with industry partners, institutions of higher education, and the National Laboratories, shall support an initiative for the demonstration of low-emissions steel manufacturing, as identified by the Secretary, that uses either— (A) a single technology; or (B) a combination of multiple technologies. (2) Selection requirements Under the initiative established under paragraph (1), the Secretary shall select eligible entities to carry out demonstration projects and to the maximum extent practicable— (A) encourage regional diversity among eligible entities, including participation by rural States; (B) encourage technological diversity among eligible entities; and (C) ensure that specific projects selected— (i) expand on the existing technology demonstration programs of the Department; and (ii) prioritize projects that leverage matching funds from non-Federal sources. (3) Reports The Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate— (A) not less frequently than once every two years for the duration of the demonstration initiative under this subsection, a report describing the performance of the initiative; and (B) if the initiative established under this subsection is terminated, an assessment of the success of, and education provided by, the measures carried out by recipients of financial assistance under the initiative. (i) Additional coordination (1) Manufacturing USA In carrying out this section, the Secretary shall consider— (A) leveraging the resources of relevant existing Manufacturing USA institutes described in section 34(d) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278s(d) ); (B) integrating program activities into a relevant existing Manufacturing USA institutes; or (C) establishing a new institute focused on low-emissions steel manufacturing. (2) Other Federal agencies In carrying out this section, the Secretary shall coordinate with other Federal agencies that are carrying out research and development initiatives to increase industrial competitiveness and achieve significant net nonwater greenhouse emissions reductions through low-emissions steel manufacturing, including the Department of Defense, Department of Transportation, and the National Institute of Standards and Technology. . (b) Clerical amendment Section 1(b) of the Energy Independence and Security Act of 2007 ( Public Law 110–140 ; 134 Stat. 2556; 121 Stat. 1494) is amended in the table of contents by inserting after the item relating to section 454 the following: Sec. 454A. Low-emissions steel manufacturing research program. . | https://www.govinfo.gov/content/pkg/BILLS-117s4559is/xml/BILLS-117s4559is.xml |
117-s-4560 | II 117th CONGRESS 2d Session S. 4560 IN THE SENATE OF THE UNITED STATES July 20, 2022 Mr. Wicker introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To enable the people of the Commonwealth of Puerto Rico to determine the political status of the Commonwealth of Puerto Rico, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Puerto Rico Status Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. TITLE I—Plebiscites Sec. 101. Initial plebiscite; runoff plebiscite. Sec. 102. Nonpartisan voter education campaign. Sec. 103. Oversight. Sec. 104. Funds for voter education, plebiscites. TITLE II—Transition and implementation of independence status Sec. 201. Definitions. Sec. 202. Constitutional convention. Sec. 203. Character of the constitution. Sec. 204. Submission; ratification. Sec. 205. Election of officers. Sec. 206. Conforming amendments to existing law. Sec. 207. Joint Transition Commission. Sec. 208. Proclamation by President. Sec. 209. Legal and constitutional provisions. Sec. 210. Judicial pronouncements. Sec. 211. Citizenship and immigration laws after Puerto Rican independence. Sec. 212. Individual rights to economic benefits and grants. TITLE III—Transition and implementation of sovereignty in free association with the United States option Sec. 301. Definitions. Sec. 302. Constitutional convention. Sec. 303. Character of the constitution. Sec. 304. Submission; ratification. Sec. 305. Election of officers. Sec. 306. Conforming amendments to existing law. Sec. 307. Proclamation by President; head of state of the nation Puerto Rico. Sec. 308. Legal and constitutional provisions. Sec. 309. Judicial pronouncements. Sec. 310. Citizenship and immigration laws after sovereignty through free association. Sec. 311. Bilateral Negotiating Commission. Sec. 312. Articles of free association approval, effective date, and termination. Sec. 313. Individual rights to economic benefits and grants. TITLE IV—Transition and implementation of statehood status Sec. 401. Definitions. Sec. 402. Puerto Rico readiness for statehood; Presidential proclamation; admission into the Union of the United States. Sec. 403. Conforming amendments to existing law. Sec. 404. Territory and boundaries. Sec. 405. Constitution. Sec. 406. Elections of Senators and Representatives; certification; jurisdiction. Sec. 407. State title to land and property. Sec. 408. Continuity of laws, government, and obligations. Sec. 409. Judicial pronouncements. TITLE V—Transition and implementation of commonwealth status Sec. 501. Bilateral Negotiating Commission. Sec. 502. Approval; effective date. TITLE VI—Miscellaneous Sec. 601. Application of Puerto Rico Oversight, Management, and Economic Stability Act. Sec. 602. Severability. 2. Findings Congress finds that— (1) in 1898, the United States gained possession of Puerto Rico following the Spanish-American War; (2) Spain formally ceded Puerto Rico to the United States of America under the Treaty of Peace between the United States of America and the Kingdom of Spain, signed at Paris on December 10, 1898 (30 Stat. 1754); (3) after a brief period of military rule, the Act of April 12, 1900 (commonly known as the Foraker Act ) (31 Stat. 77, chapter 191), was enacted to establish a civil government in Puerto Rico, which— (A) provided for— (i) an executive branch headed by a Governor and an executive council, to be appointed by the President, with the advice and consent of the Senate; and (ii) a house of delegates, to be elected by qualified voters of Puerto Rico; and (B) was replaced in 1917 by a new organic Act for Puerto, the Act of March 2, 1917 (commonly known as the Jones-Shafroth Act ) (39 Stat. 951, chapter 145), which— (i) established an elected Senate; (ii) provided a bill of rights; (iii) provided United States citizenship to the people of Puerto Rico; and (iv) in 1947, was amended to give qualified voters of Puerto Rico the right to elect a Governor; (4) in 1950, Congress enacted the Act of July 3, 1950 (commonly known as the Puerto Rico Federal Relations Act of 1950 ) (64 Stat. 319, chapter 446), which— (A) established that, fully recognizing the principle of government by consent , the law was adopted in the nature of a compact so that the people of Puerto Rico may organize a government pursuant to a constitution of their own adoption ; and (B) on approval by the qualified voters of Puerto Rico in a referendum, authorized the Puerto Rico legislature to call a constitutional convention to draft a constitution for Puerto Rico; (5) in a popular referendum held on June 4, 1951, 76.5 percent of the voters in Puerto Rico voted in favor of drafting a constitution for Puerto Rico; (6) during the period beginning on September 17, 1951, and ending on February 6, 1952, a constitutional convention was held in Puerto Rico; (7) the constitution of the Commonwealth of Puerto Rico produced by the constitutional convention was submitted to the people of Puerto Rico, who approved the constitution with 81.9 percent of the vote in a referendum held on March 3, 1952; (8) after receiving the constitution of the Commonwealth of Puerto Rico, the President— (A) declared that the constitution of the Commonwealth of Puerto Rico— (i) conformed fully with the applicable provisions of— (I) the Act of July 3, 1950 (commonly known as the Puerto Rico Federal Relations Act of 1950 ) (64 Stat. 319, chapter 446); and (II) the Constitution of the United States; (ii) contained a bill of rights; and (iii) provided for a republican form of government; and (B) transmitted the constitution of the Commonwealth of Puerto Rico to Congress for approval; (9) after receiving the Constitution of the Commonwealth of Puerto Rico from the President, Congress— (A) considered the constitution of the Commonwealth of Puerto Rico; (B) found the constitution of the Commonwealth of Puerto Rico to conform to the applicable requirements; and (C) with the approval of the Joint Resolution of July 3, 1952 (66 Stat. 327, chapter 567), conditionally approved the constitution of the Commonwealth of Puerto Rico; (10) under Resolution number 34 of the constitutional convention of Puerto Rico, the constitutional convention of Puerto Rico accepted the conditions of Congress in the name of the people of Puerto Rico ; (11) the Governor of Puerto Rico subsequently issued a formal proclamation accepting the conditions of Congress on the constitution of the Commonwealth of Puerto Rico; (12) the constitution of the Commonwealth of Puerto Rico— (A) was subsequently amended by the constitutional convention; and (B) became effective on July 25, 1952; (13) the amendments to the constitution of the Commonwealth of Puerto Rico were ratified by the people of the Commonwealth of Puerto Rico, with 87.8 percent of voters approving the constitution of the Commonwealth of Puerto Rico in a referendum held on November 4, 1952; (14) the United States informed the United Nations that, because the Commonwealth of Puerto Rico had become a self-governing jurisdiction, the United States would cease reporting on conditions in the Commonwealth of Puerto Rico under article 73 of the United Nations Charter, which requires reports from member states responsible for the administration of territories whose people have not yet attained the full measure of self-government. ; (15) in response to the United States, the United Nations General Assembly acknowledged in United Nations General Assembly Resolution 748 (1953) that the people of the Commonwealth of Puerto Rico, by expressing their will in a free and democratic way, have achieved a new constitutional status and have effectively exercised their right to self-determination ; (16) to bilaterally address the issue of Puerto Rico self-determination, Public Law 88–271 (78 Stat. 17) established the United States-Puerto Rico Commission on the Status of Puerto Rico, composed of— (A) 7 members from the United States, of whom— (i) 3 members were to be appointed by the President; (ii) 2 members were to be Members of the Senate, appointed by the President of the Senate with the approval of the majority and minority leaders of the Senate; and (iii) 2 members were to be Members of the House of Representatives appointed by the Speaker of the House of Representatives, with the approval of the majority and minority leaders of the House of Representatives; and (B) 6 members were to be from the Commonwealth of Puerto Rico; (17) in the report entitled Report of the United States-Puerto Rico Commission on the Status of Puerto Rico and dated August 1966, the United States-Puerto Rico Commission on the Status of Puerto Rico found that— (A) all three forms of political status—the Commonwealth, Statehood, and Independence—are valid and confer upon the people of Puerto Rico equal dignity with equality of status and national citizenship. ; and (B) it is inconceivable that either the United States or Puerto Rico would, by an act of unilateral revocation, undermine the very foundation of their common progress: the fundamental political and economic relationships which were established on the basis of mutuality. ; (18) pursuant to the findings and recommendations of the United States-Puerto Rico Commission on the Status of Puerto Rico, the Puerto Rico legislature enacted the Act of December 23, 1966 (Puerto Rico Act No. 1), which called for a plebiscite on the status of Puerto Rico; (19) in the July 23, 1967, plebiscite— (A) 60.4 percent of voters in the Commonwealth of Puerto Rico voted for commonwealth status; (B) 39 percent of voters in the Commonwealth of Puerto Rico voted for statehood; and (C) 0.6 percent of voters in the Commonwealth of Puerto Rico voted for independence; (20) in 1989, on the joint request of the pro-Commonwealth Governor of Puerto Rico and the presidents of the pro-statehood and pro-independence parties, the Senate took up the issue of Puerto Rico self-determination through S. 712 (101st Congress) and S. 244 (102nd Congress), which recognized that Commonwealth, statehood, and independence were valid options for the status of Puerto Rico; (21) the failure of the 1989 effort with respect to statehood and the coming to power in the Commonwealth of Puerto Rico of a pro-statehood government in 1992, 1996, 2008, and 2016 prompted a string of locally legislated referenda, with each subsequent referendum increasingly deviating from Federal policy, particularly with respect to an effort to undermine the commonwealth status to the benefit of statehood; (22) the first referendum was held in 1993, allowing each of the political parties to provide the definition of the particular status option, under which— (A) 48.6 percent of voters in the Commonwealth of Puerto Rico voted for commonwealth status; (B) 46.3 percent of voters in the Commonwealth of Puerto Rico voted for statehood; and (C) 4.4 percent of voters in the Commonwealth of Puerto Rico voted for independence; (23) during a second referendum held in 1998— (A) the pro-statehood government— (i) drafted the ballot language for all status options; and (ii) identified each status option by number rather than by name; (B) in protest for what the pro-Commonwealth party considered to be an ill-defined Commonwealth option, the pro-Commonwealth party asked supporters to vote for none of the above ; and (C) the results of the referendum were that— (i) 50.3 percent of voters in the Commonwealth of Puerto Rico voted for none of the above ; (ii) 46.5 percent of voters in the Commonwealth of Puerto Rico voted for statehood; (iii) 2.5 percent of voters in the Commonwealth of Puerto Rico voted for independence; and (iv) 0.3 percent of voters in the Commonwealth of Puerto Rico voted for free association; (24) on May 29, 2009, pro-statehood Resident Commissioner Pedro Pierluisi introduced a bill in the House of Representatives, H. R. 2499 (111th Congress), which provided for— (A) a 2-round vote on the status of the Commonwealth of Puerto Rico that provided for a first vote to continue to have its present form of political status or for a different political status ; and (B) if the different political status option received the most votes during the first vote, a second vote with the options of— (i) independence; (ii) sovereignty in association with the United States; and (iii) statehood; (25) an amendment to H. R. 2499 (111th Congress) was approved by the House of Representatives on April 29, 2010, to include the Commonwealth option on the second vote, with the proponent of the amendment stating that Puerto Ricans’ views should be given equal and fair consideration. ; (26) H.R. 2499 (111th Congress), as amended, was approved by the House of Representatives, but was not considered in the Senate; (27) in April 2011, the White House published a report of the Task Force on Puerto Rico Status that found that— (A) the permissible status options for the Commonwealth of Puerto Rico include— (i) statehood; (ii) independence; (iii) free association; and (iv) commonwealth status; and (B) removing the Commonwealth option would raise real questions about the vote’s legitimacy ; (28) ignoring the amendment to H. R. 2499 (111th Congress) described in paragraph (25), the pro-statehood government called for a locally legislated plebiscite in 2012 that adopted the 2-vote structure rejected by the House of Representatives that excluded the Commonwealth option in the second vote; (29) to further stack the deck in the 2012 plebiscite— (A) the first vote would be in favor or against the current territorial status (a generic term intended to downplay the constitutional process of the Act of July 3, 1950 (commonly known as the Puerto Rico Federal Relations Act of 1950 ) (64 Stat. 319, chapter 446)); and (B) a second vote would be for— (i) statehood; (ii) independence; or (iii) free association (which was confusingly referred to as sovereign Commonwealth ); (30) the voting structure in the 2012 plebiscite had several evident defects, including that— (A) the current commonwealth status could lose even if commonwealth status had the highest voter preference; and (B) by instructing individuals who voted for the current commonwealth status on the first question to answer the second question, regardless, the votes for the options of the second question would be inflated with those second-preference votes, so it would not be known how many voters actually preferred any of those options; (31) the results of the 2012 plebiscite were a mixture of all the potential problems, as— (A) the status quo received 828,077 votes on question 1, and statehood received 834,191 votes on question 2, which is a difference of 6,114 votes; (B) it is not known how many voters that voted for the current status on question 1 voted for statehood on question 2; and (C) since the law authorizing the plebiscite prohibited considering blank ballots for allocating percentages, the commonwealth status was said to have obtained 46 percent of the vote in the first vote and statehood was said to have obtained 61 percent of the vote in the second vote; (32) on May 15, 2013, the pro-statehood Resident Commissioner introduced H. R. 2000 (113th Congress), which— (A) stated that statehood had obtained 61.16 percent of the votes of voters who chose an option ; (B) based on that characterization of the results, called for a ratification vote that would provide for a self-executing implementation of the admission of the Commonwealth Puerto Rico as a State of the Union of the United States; and (C) was not acted on by the House of Representatives; (33) instead, the Consolidated Appropriations Act, 2014 ( Public Law 113–76 ; 128 Stat. 5), appropriated $2,500,000 for objective, nonpartisan voter education about, and a plebiscite on, options that would resolve Puerto Rico’s future political status, which shall be provided to the State Elections Commission of Puerto Rico. , with the accompanying report stating that— (A) the $2,500,000 was for objective, nonpartisan voter education about, and a plebiscite on, options that would resolve Puerto Rico’s future political status ; (B) the funds provided for the plebiscite shall not be obligated until 45 days after the Department of Justice notifies the Committees on Appropriations that it approves of an expenditure plan from the Puerto Rico Elections Commission for voter education and plebiscite administration, including approval of the plebiscite ballot ; and (C) the notification shall include a finding that the voter education materials, plebiscite ballot, and related materials are not incompatible with the Constitution and laws and policies of the United State. ; (34) on February 3, 2017, with the pro-statehood party back in power locally, the Commonwealth of Puerto Rico passed Law Number 7, which called for the immediate decolonization of Puerto Rico through a plebiscite to be held on June 11, 2017; (35) claiming that the Commonwealth option had been rejected in the 2012 plebiscite, the ballot for the 2017 plebiscite would offer only 2 options of— (A) statehood; and (B) free association or independence; (36) on April 13, 2017, the Department of Justice denied certification of the plebiscite, stating: The Department has concluded that the plebiscite ballot is not compatible with these policies, as it is not drafted in a way that ensures that its result will accurately reflect the current popular will of the people of Puerto Rico. As transmitted, the ballot omits Puerto Rico's current territorial status as an available option and instead provides the people of Puerto Rico with only two choices: Statehood or Free Association/Proclamation of Independence. This omission appears to be based on a determination that the people of Puerto Rico definitively rejected Puerto Rico's current status in the plebiscite held on November 6, 2012. See Act No. 7–2017, Art. III §1(a). The Department does not believe that the results of the 2012 plebiscite justify omitting Puerto Rico's current status as an option on the ballot. For a variety of reasons, the validity of the 2012 plebiscite's results have been the subject of controversy and debate. See Congressional Research Service, Puerto Rico's Political Status and the 2012 Plebiscite: Background and Key Questions, at 8 (June 25, 2013) ( CRS Report ). Furthermore, nearly five years have elapsed since that plebiscite, during which significant political, economic, and demographic changes have occurred in Puerto Rico and the United States. As a result, it is uncertain that it is the present will of the people to reject Puerto Rico's current status. Accordingly, any plebiscite that now seeks to resolve Puerto Rico's future political status, as the Appropriations Act contemplates, should include the current territorial status as an option. See 2011 Task Force Report, at 26 (noting that the current status must be an available option for the people of Puerto Rico ). Otherwise, there would be real questions about the vote's legitimacy and its ability to reflect accurately the will of the people. Id. Furthermore, the Department has determined that the plebiscite ballot language contains several ambiguous and potentially misleading statements, which may hinder voters' ability to make a fully informed choice as well as efforts to ascertain the will of the people from the plebiscite results. The statements of concern are as follows: The ballot's description of the Statehood option contains the following statement: I am aware that Statehood is [the] only option that guarantees the American citizenship by birth in Puerto Rico. This statement is inaccurate when considered in the context of all available status options, as under current law, Puerto Ricans have an unconditional statutory right to birthright citizenship. The sentence therefore is potentially misleading and reinforces the ballot's flawed omission of an option for retaining Puerto Rico's current territorial status. ; (37) the local government amended the bill purportedly to comply with the Department of Justice demands, but did not allow for Department of Justice certification, provoking a massive boycott by the Commonwealth supporters and independence supporters; (38) in the plebiscite of June 11, 2017— (A) there was a historically low participation rate of 23 percent of registered voters in the Commonwealth of Puerto Rico; and (B) 508,862 voters in the Commonwealth of Puerto Rico voted for statehood, which was 97 percent of votes cast; (39) the same pro-statehood administration in the Commonwealth of Puerto Rico called for a new plebiscite in 2020 that would include an up-or-down statehood vote; (40) by letter of July 29, 2020, addressed to the Chairman of the Puerto Rico Elections Commission, the Department of Justice again rejected certification, stating that— (A) the United States has consistently remained neutral about the legally permissible status options for the Commonwealth of Puerto Rico, of which the current status is 1; and (B) a plebiscite that asks voters if the Commonwealth of Puerto Rico should be admitted immediately into the Union of the United States as a State is regarded as a pro-statehood initiative that departs from that policy of neutrality; (41) Executive Order 13183 ( 48 U.S.C. 731 note; relating to establishment of the President's Task Force on Puerto Rico's Status), states that the policy of the Executive branch is to work with leaders of the Commonwealth and the Congress to clarify the options to enable Puerto Ricans to determine their preference among options for the islands’ future status that are not incompatible with the Constitution and basic laws and policies of the United States; and to implement such an option if chosen by a majority. ; and (42) the status options for the Commonwealth of Puerto Rico that are not incompatible with the Constitution and basic laws and policies of the United States are— (A) commonwealth status; (B) statehood; (C) independence; and (D) free association. 3. Definitions In this Act: (1) Commonwealth government The term Commonwealth government means the government of the Commonwealth of Puerto Rico (including any department, agency, or instrumentality of the government of the Commonwealth of Puerto Rico). (2) Elections Commission The term Elections Commission means the Puerto Rico State Commission on Elections. (3) Eligible voter The term eligible voter means a bona fide resident of the Commonwealth of Puerto Rico who is otherwise qualified to vote in a general election in the Commonwealth of Puerto Rico. (4) Governor The term Governor means the Governor of the Commonwealth of Puerto Rico. (5) Immigration laws The term immigration laws has the meaning given the term in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). (6) Initial plebiscite The term initial plebiscite means the plebiscite required by section 101(a)(1). (7) Legislative assembly The term Legislative Assembly means the Legislative Assembly of Puerto Rico. (8) Runoff plebiscite The term runoff plebiscite means the plebiscite required by section 101(a)(4). (9) Status option The term status option means an option described in section 101(a)(2). I Plebiscites 101. Initial plebiscite; runoff plebiscite (a) Requirement (1) Initial plebiscite A plebiscite to resolve the political status of the Commonwealth of Puerto Rico shall be held on November 5, 2023. (2) Options The initial plebiscite shall offer eligible voters a choice of 1 of the following 4 options on the ballot: (A) Independence. (B) Sovereignty in Free Association with the United States. (C) Statehood. (D) Commonwealth. (3) Majority vote required Approval of a status option shall be by a majority of the valid votes cast by eligible voters. (4) Runoff plebiscite If there is not a majority vote in favor of 1 of the status options in the initial plebiscite, a runoff plebiscite shall be held on March 3, 2024, which shall offer eligible voters a choice on the ballot of the 2 status options that received the most votes in the initial plebiscite. (b) Ballot language A ballot for a plebiscite required by subsection (a) shall include the following language: Instructions Mark the status option you choose as each is defined below. A ballot with more than 1 option marked will not be counted. A ballot with no option marked will not be counted. (1) Independence If you agree, mark here _________. (A) Puerto Rico is a sovereign nation that has full authority and responsibility over its territory and population under a constitution of its own adoption which shall be the supreme law of the nation. (B) Puerto Rico is vested with full powers and responsibilities consistent with the rights and responsibilities that devolve upon a sovereign nation under international law, including its own fiscal and monetary policy, immigration, trade, and the conduct in its own name and right of relations with other nations and international organizations. (C) Puerto Rico has full authority and responsibility over its citizenship and immigration laws. Birth in Puerto Rico or relationship to persons with statutory United States citizenship by birth in the former territory shall cease to be a basis for United States nationality or citizenship, except that persons who have such United States citizenship have a right to retain United States nationality and citizenship for life, by entitlement or election, as provided by United States law. (D) Puerto Rico will no longer be a possession of the United States for purposes of the Internal Revenue Code of 1986 (or any successor code). United States citizens and United States businesses in Puerto Rico will be subject to United States Federal tax laws (as is the case with any other United States citizen or United States business located abroad) and to Puerto Rican tax laws. The status of Puerto Rico as an independent, sovereign nation will be the controlling factor in the taxation of Puerto Rican taxpayers. (E) The Constitution and laws of the United States no longer apply in Puerto Rico, and United States sovereignty in Puerto Rico is ended. (2) Sovereignty in free association with the United States If you agree, mark here _________. (A) Puerto Rico is a sovereign nation that has full authority and responsibility over its territory and population under a constitution of its own adoption, which shall be the supreme law of the nation. (B) Puerto Rico is vested with full powers and responsibilities consistent with the rights and responsibilities that devolve upon a sovereign nation under international law, including its own fiscal and monetary policy, immigration, trade, and the conduct in its own name and right of relations with other nations and international organizations, except as otherwise provided for in the Articles of Free Association to be negotiated by Puerto Rico and the United States. (C) Puerto Rico has full authority and responsibility over its citizenship and immigration laws. Persons who have United States citizenship have a right to retain United States nationality and citizenship for life by entitlement or election as provided by United States law. (D) Birth in Puerto Rico shall cease to be a basis for United States nationality or citizenship, except that individuals born in Puerto Rico to parents, both of whom are United States citizens, shall be eligible to acquire United States citizenship for the duration of the first agreement of the Articles of Free Association. (E) Puerto Rico enters into Articles of Free Association with the United States, with such devolution and reservation of governmental functions and other bilateral arrangements as may be agreed to by the United States and Puerto Rico under the Articles of Free Association, which shall be terminable at will by either the United States or Puerto Rico at any time. (F) Puerto Rico will no longer be a possession of the United States for purposes of the Internal Revenue Code of 1986 (or any successor code). United States citizens and United States businesses in Puerto Rico will be subject to United States Federal tax laws (as is the case with any other United States citizen or United States business located abroad) and to Puerto Rican tax laws. The status of Puerto Rico as an independent, sovereign nation will be the controlling factor in the taxation of Puerto Rican taxpayers. Puerto Rico will enter into an agreement with the United States to provide for Sovereignty in Free Association that may modify the otherwise-applicable tax rules, subject to negotiation and ratification by Puerto Rico and the United States. (G) The Constitution and the laws of the United States no longer apply in Puerto Rico, except as otherwise provided in the Articles of Free Association, and United States sovereignty in Puerto Rico is ended. (H) All matters pertaining to the government-to-government relationship between Puerto Rico and the United States, which may include foreign affairs, trade, finance, taxation, security, defense, dispute resolution, and termination, shall be provided for in the Articles of Free Association. (3) Statehood If you agree, mark here _________. (A) The State of Puerto Rico shall request admission into the Union of the United States on an equal footing with the other States in all respects and as a part of the permanent Union of the United States, subject to the Constitution of the United States, with powers not prohibited by the Constitution of the United States to the States reserved to the State of Puerto Rico. (B) The residents of Puerto Rico shall, on admission, be fully self-governing with the rights of the residents secured under the Constitution of the United States, which shall be fully applicable in Puerto Rico and which, with the laws and treaties of the United States, is the supreme law and has the same force and effect in Puerto Rico as in the other States of the Union of the United States. (C) United States citizenship of individuals born in Puerto Rico is recognized, protected, and secured under the Constitution of the United States in the same way citizenship is recognized, protected, and secured for all United States citizens born in the other States. (D) On admission, Puerto Rico will no longer be considered to be a possession of the United States for purposes of the Internal Revenue Code of 1986 (or any successor code). In lieu of such consideration as a possession, the State of Puerto Rico will become a State on equal footing with each of the 50 States in the United States. Individuals and businesses residing in the State of Puerto Rico will be subject to United States Federal tax laws and to tax laws of the State of Puerto Rico. (4) Commonwealth–estado Libre Asociado If you agree, mark here _________. (A) A vote for Commonwealth–Estado Libre Asociado shall be a reaffirmation of the will of the people of Puerto Rico to retain their Commonwealth–Estado Libre Asociado status. (B) To enable the development of Commonwealth–Estado Libre Asociado status, there shall be created a United States–Puerto Rico Negotiating Commission that will examine and propose enhancements to the current status, including the potential substitution of the Act of July 3, 1950 (commonly known as the Puerto Rico Federal Relations Act of 1950 ) (64 Stat. 319, chapter 446) for a formal compact. . (c) Implementation of plebiscite The plebiscites authorized by this section shall be implemented by the Elections Commission, consistent with— (1) the laws of Puerto Rico; and (2) applicable Federal law. (d) Results The Elections Commission shall submit to the President, the President pro tempore of the Senate, the Speaker of the House of Representatives, the Committee on Energy and Natural Resources of the Senate, and the Committee on Natural Resources of the House of Representatives— (1) not later than 30 calendar days after the date on which the initial plebiscite is held, the results of the initial plebiscite; and (2) not later than 30 calendar days after the date on which a runoff plebiscite is held, if applicable, the results of the runoff plebiscite. (e) Jurisdiction of District Court The United States District Court for the District of Puerto Rico shall have original and exclusive jurisdiction over any civil action alleging a dispute or controversy relating to a plebiscite conducted under this section. 102. Nonpartisan voter education campaign (a) In general Subject to section 103, the Elections Commission shall— (1) carry out a nonpartisan voter education campaign with respect to the plebiscites to be conducted under section 101 through traditional paid media; and (2) make available at all voting locations in the Commonwealth of Puerto Rico voter education materials relating to the plebiscites to be conducted under section 101. (b) Requirements for voter education materials At a minimum, the voter education materials made available under subsection (a)(2) shall address, for each status option— (1) international representation; (2) citizenship and immigration; and (3) access and treatment under Federal law and programs. (c) Bilingual voter educational materials and ballots All voter educational materials and ballots made available for a plebiscite required by section 101 shall be made available in English and Spanish. 103. Oversight (a) Submission of materials The Elections Commission shall submit to the Attorney General for review— (1) not later than 60 days after the date of enactment of this Act— (A) the ballot design for the initial plebiscite; and (B) any voter education materials for the initial plebiscite to be made available in accordance with section 102; and (2) not later than 30 days after the date on which an initial plebiscite is held in which there is not a majority vote in favor of 1 of the status options— (A) the ballot design for the runoff plebiscite; and (B) any voter education materials for the runoff plebiscite to be made available in accordance with section 102. (b) Review Not later than 45 days after receiving ballot design and voter education materials under subsection (a), the Attorney General shall— (1) review the ballot design and voter education materials to ensure— (A) consistency with this Act; and (B) that each of 4 status options are represented fairly, particularly if any of the 4 options are not represented on the Elections Commission by a member of a political party that supports the status option; and (2) (A) return the ballot design and voter education materials to the Elections Commission with comments and instructions for changes, as applicable; or (B) inform the Elections Commission that— (i) no instructions or requests for changes shall be made under subparagraph (A); but (ii) the Attorney General reserves the right to submit instructions for changes in accordance with this section if additional information comes to the attention of the Attorney General during the remainder of the 45-day period. (c) Effect of failure To comply If the Attorney General fails to comply with the requirements of subsection (b) within the 45-day period described in that subsection, the ballot design and voter education materials submitted under subsection (a) shall be considered to be approved. (d) Revision Not later than 45 days after receiving comments and instructions for changes from the Attorney General under subsection (b)(2), the Elections Commission shall revise the ballot design and voter education materials in accordance with the comments and instructions submitted by the Attorney General. 104. Funds for voter education, plebiscites (a) Authorization of appropriations There are authorized to be appropriated such sums as are necessary for the Elections Commission to carry out— (1) a nonpartisan voter education campaign under section 102; and (2) (A) an initial plebiscite; and (B) if necessary, a runoff plebiscite. (b) Use of existing funds Notwithstanding any other provision of the Consolidated Appropriations Act, 2014 ( Public Law 113–76 ; 128 Stat. 5), the unobligated balance of funds made available to carry out a plebiscite on the status of the Commonwealth of Puerto Rico under paragraph (1) under the heading state and local law enforcement assistance under the heading Office of Justice Programs under the heading Department of Justice in title II of division B of that Act ( Public Law 113–76 ; 128 Stat. 61) shall be made available to carry out this Act. II Transition and implementation of independence status 201. Definitions In this title: (1) Constitutional convention The term constitutional convention means a constitutional convention established under section 202(d)(2). (2) Proclamation The term Proclamation means a Presidential proclamation issued under section 208(a). 202. Constitutional convention (a) Election of delegates Not later than 180 days after the effective date of certification of a plebiscite under this Act that favors independence, the Legislative Assembly shall provide for the election of delegates to a constitutional convention to formulate and draft a constitution for the nation of Puerto Rico. (b) Eligible voters All eligible voters may vote in the election of delegates to the constitutional convention under subsection (a). (c) General applicability of electoral law The laws of the Commonwealth of Puerto Rico relating to the electoral process shall apply to an election held under subsection (a). (d) Initial meeting (1) In general Not later than 180 days after the date of the election of delegates to the constitutional convention under subsection (a), the elected delegates shall meet at such time and place as the Legislative Assembly shall determine. (2) Establishment The initial meeting of the elected delegates to the constitutional convention under paragraph (1) shall be considered to be the establishment of the constitutional convention. 203. Character of the constitution The constitutional convention shall formulate and draft a constitution for the nation of Puerto Rico that guarantees the protection of fundamental human rights, including— (1) due process and equal protection under the law; (2) freedom of speech, press, assembly, association, and religion; (3) the rights of the accused; (4) any other economic, social, and cultural rights as the constitutional convention may determine to be necessary; and (5) provisions to ensure that no individual born in the nation of Puerto Rico shall be stateless at birth. 204. Submission; ratification (a) Submission Not later than 1 year after the date of establishment of the constitutional convention, the Elections Commission shall submit the constitution formulated and drafted by the delegates to the constitutional convention to the eligible voters for ratification or rejection in a special election. (b) Manner of election The special election held under subsection (a) shall be held in the manner prescribed by the Legislative Assembly. (c) Rejection If the constitution of the nation of Puerto Rico is rejected in a special election held under subsection (a), the process provided for under sections 202 and 203 and subsections (a) and (b) shall be repeated, except that section 202(a) shall be applied by substituting— (1) the special election for a plebiscite ; and (2) rejects the Constitution for favors independence . 205. Election of officers (a) In general Not later than 30 days after the date of ratification of the constitution of the nation of Puerto Rico under section 204, the Governor shall issue a proclamation calling for the election of any officers of the nation of Puerto Rico that may be required by the ratified constitution of the nation of Puerto Rico. (b) Deadline; procedures The election of the officers under subsection (a) shall be held— (1) not later than 180 days after the date of ratification of the constitution of the nation of Puerto Rico; and (2) in accordance with the procedures and requirements established by the constitution of the nation of Puerto Rico. (c) Certification of results Not later than 10 days after the date of the election of officers under subsection (a), the Elections Commission shall certify the results of the election under that subsection. (d) Notice As soon as practicable after the date of the certification under subsection (c), the Governor shall submit notice of the results of the election certified under that subsection to— (1) the President; (2) the President pro tempore of the Senate; (3) the Speaker of the House of Representatives; (4) the Committee on Energy and Natural Resources of the Senate; and (5) the Committee on Natural Resources of the House of Representatives. 206. Conforming amendments to existing law (a) Review Not later than 30 days after the initial meeting of the constitutional convention under section 202(d), the President shall initiate a review of Federal laws with respect to Puerto Rico, including Federal laws relating to— (1) taxation of persons and businesses; (2) health care; (3) housing; (4) transportation; (5) education; and (6) entitlement programs. (b) Recommendations Not later than 1 year after the date on which the President initiates a review under subsection (a), the President shall submit to Congress recommendations for changes to Federal laws identified during the review, as the President determines to be appropriate. 207. Joint Transition Commission (a) Appointment Not later than 180 days after the date of establishment of the constitutional convention, a Joint Transition Commission shall be established, with the President and the presiding officer of the constitutional convention appointing an equal number of members to the Joint Transition Commission. (b) Duties The Joint Transition Commission established under subsection (a) shall— (1) be responsible for expediting the orderly transfer to the nation of Puerto Rico of all functions exercised by the Federal Government in the Commonwealth of Puerto Rico or with respect to the Commonwealth of Puerto Rico; (2) develop procedures relating to the operations and governance of the Joint Transition Commission; and (3) provide to the appropriate committees of Congress recommendations for any appropriate legislation to carry out the transfer under paragraph (1). (c) Collaboration The Commonwealth government and Federal agencies shall collaborate with the Joint Transition Commission and the officers of the nation of Puerto Rico to provide for the orderly transfer of the functions under subsection (b)(1). 208. Proclamation by President (a) Proclamation Not later than 30 days after the date of certification of the elected officers of the nation of Puerto Rico under section 205(c), the President shall, by proclamation— (1) withdraw and surrender all rights of possession, supervision, jurisdiction, control, or sovereignty exercised by the United States over the Commonwealth of Puerto Rico and residents of the Commonwealth of Puerto Rico on the day before the date of issuance of the Proclamation; (2) recognize, on behalf of the United States, the independence of the nation of Puerto Rico and the authority of the government of the nation of Puerto Rico adopted by eligible voters under the constitution of the nation of Puerto Rico; and (3) state that the effective date of withdrawal of the sovereignty of the United States and recognition of independence of the nation of Puerto Rico shall be the date of issuance of the Proclamation. (b) Transmission of Proclamation Not later than 7 days after the date of issuance of the Proclamation, the President shall transmit a copy of the Proclamation to each of— (1) the presiding officer of the constitutional convention; (2) the officer elected as head of state of the nation of Puerto Rico; (3) the President pro tempore of the Senate; (4) the Speaker of the House of Representatives; (5) the Committee on Energy and Natural Resources of the Senate; and (6) the Committee on Natural Resources of the House of Representatives. (c) Date government To take office Not later than 7 days after the date of receipt of the Proclamation under subsection (b) and with the advice of the officer elected as head of state of the nation of Puerto Rico, the presiding officer of the constitutional convention shall— (1) determine the date on which the government of the nation of Puerto Rico shall take office; and (2) submit notice of the date determined under paragraph (1) to— (A) the Governor; (B) the President; (C) the President pro tempore of the Senate; and (D) the Speaker of the House of Representatives. 209. Legal and constitutional provisions On the date of issuance of the Proclamation and except as otherwise provided in this title or in any agreements between the United States and the nation of Puerto Rico— (1) all property, rights, and interests that the United States may have acquired in the Commonwealth of Puerto Rico under the Treaty of Peace between the United States of America and the Kingdom of Spain, signed at Paris on December 10, 1898 (30 Stat. 1754), and otherwise by cession, purchase, or eminent domain, with the exception of land and other property, rights, or interests that may have been sold or otherwise legally disposed of before the date of issuance of the Proclamation, shall vest in the nation of Puerto Rico; and (2) except as provided in section 212, all laws of the United States applicable to the Commonwealth of Puerto Rico on the day before the date of issuance of the Proclamation shall no longer apply in the nation of Puerto Rico. 210. Judicial pronouncements (a) Judgments before Proclamation The nation of Puerto Rico shall recognize and give effect to all orders and judgments rendered by courts of the United States or the Commonwealth of Puerto Rico on the day before the date of issuance of the Proclamation pursuant to the laws of the United States applicable to the Commonwealth of Puerto Rico. (b) Continuity of pending proceedings All judicial proceedings pending in the courts of the Commonwealth of Puerto Rico on the date of issuance of the Proclamation shall be continued in the corresponding courts under the constitution of the nation of Puerto Rico. (c) Transfer of judicial power (1) In general Beginning on the date of issuance of the Proclamation— (A) the judicial power of the United States shall no longer extend to the nation of Puerto Rico; (B) any proceeding pending in the United States District Court for the District of Puerto Rico as of that date shall be transferred to the applicable court in the nation of Puerto Rico or other competent judicial authority under the constitution of the nation of Puerto Rico for disposition in accordance with laws applicable on the date on which the controversy that is the subject of the proceeding arose; and (C) any proceeding pending in the United States Court of Appeals for the First Circuit or in the Supreme Court of the United States as of that date that initiated in, or that could have been initiated in, the courts of the Commonwealth of Puerto Rico or in the United States District Court for the District of Puerto Rico shall— (i) continue until the date of final disposition; and (ii) be submitted to the competent authority of the nation of Puerto Rico for proper execution. (2) Exception Notwithstanding paragraph (1), if the United States or any officer of the United States is a party to a proceeding described in subparagraph (B) or (C) of that paragraph, any final judgment in that proceeding shall be properly executed by the competent authority of the United States. 211. Citizenship and immigration laws after Puerto Rican independence (a) Citizenship status (1) Puerto Rican nationality Beginning on the date of issuance of the Proclamation, the citizenship status of each individual born in Puerto Rico shall be determined in accordance with the constitution and laws of the nation of Puerto Rico. (2) United States immigration laws Except as provided in this section, beginning on the date of issuance of the Proclamation, a citizen of Puerto Rico seeking to enter into the United States or obtain citizenship in the United States shall be subject to the immigration laws. (b) Effect of Puerto Rican citizenship (1) In general Except as provided in paragraph (2), nothing in this title precludes or limits the applicability of section 349 of the Immigration and Nationality Act ( 8 U.S.C. 1481 ). (2) Exception The provision of citizenship by the laws of the nation of Puerto Rico under subsection (a)(1) shall not constitute, or otherwise serve as the basis of, loss or relinquishment of United States citizenship under section 349 of the Immigration and Nationality Act ( 8 U.S.C. 1481 ). (c) Citizenship at birth after independence An individual born in the nation of Puerto Rico after the date of issuance of the Proclamation to at least 1 parent who became a United States citizen under section 302 of the Immigration and Nationality Act ( 8 U.S.C. 1402 ) shall not be considered to be a United States citizen at birth under subsection (c), (d), or (g) of section 301 of that Act ( 8 U.S.C. 1401 ). (d) Travel and work authorization (1) In general An individual in any of the following categories may enter, lawfully engage in occupations, and establish residence as a nonimmigrant in the United States and territories and possessions of the United States without regard to paragraphs (5)(A) and (7) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ): (A) An individual who acquires citizenship of Puerto Rico at birth, on or after the date of issuance of the Proclamation. (B) A naturalized citizen of Puerto Rico who— (i) has been an actual resident of Puerto Rico for not fewer than 5 years after attaining naturalization; and (ii) holds a proof of that residence. (2) Employment permission An individual described in subparagraph (A) or (B) of paragraph (1) shall be considered to have the permission of the Secretary of Homeland Security to accept employment in the United States. (3) Limitations The right of an individual described in subparagraph (A) or (B) of paragraph (1) to establish habitual residence in a territory or possession of the United States may be subjected to nondiscriminatory limitations provided for— (A) in laws or regulations of the United States; or (B) in laws or regulations of the applicable territory or possession that are authorized by Federal law. (4) Termination of effectiveness This subsection shall expire on the date that is 25 years after the date of issuance of the Proclamation. (e) Conforming amendments (1) In general Section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ) is amended— (A) in paragraph (36), by striking Puerto Rico, ; and (B) in paragraph (38), by striking Puerto Rico, . (2) Effective date The amendments made by paragraph (1) shall take effect on the date of issuance of the Proclamation. (f) Rule of construction Nothing in this section limits the authority of the United States to change any requirement for United States citizenship. 212. Individual rights to economic benefits and grants (a) Rights and benefits (1) In general Any vested rights and benefits that accrue to residents of the Commonwealth of Puerto Rico under the laws of the United States from past services or contributions, such as rights and benefits for veterans of the Armed Forces or eligible relatives of veterans of the Armed Forces, retired Federal Government employees, or beneficiaries of old age, disability, or survivor benefits under the Social Security Act ( 42 U.S.C. 301 et seq. ), shall not be interrupted after the date of issuance of the Proclamation, but shall continue until the date on which the rights and benefits are extinguished according to applicable Federal law. (2) Agreement required All services to be provided as part of the rights and benefits described in paragraph (1) shall be made available through the government of the nation of Puerto Rico in accordance with agreements entered into by the government of the nation of Puerto Rico and the Government of the United States. (b) Social Security system (1) In general Notwithstanding subsection (a) and subject to paragraph (2), the Secretary of the Treasury shall transfer all contributions made by employees and employers in the Commonwealth of Puerto Rico to the Social Security system under the Social Security Act ( 42 U.S.C. 301 et seq. ) with respect to individuals who, as of the date of issuance of the Proclamation, are residents of the nation of Puerto Rico and are not yet eligible for old age, disability, or survivor benefits under the Social Security system to the government of the nation of Puerto Rico on the date on which the government of the nation of Puerto Rico establishes a social security system for the nation of Puerto Rico. (2) Use of funds The government of the nation of Puerto Rico may not use the amounts transferred under paragraph (1) for any purpose other than the establishment and operation of a social security system for the nation of Puerto Rico. (3) Obligations On the transfer of the amounts under paragraph (1), the obligations of the Federal Government under the Social Security Act ( 42 U.S.C. 301 et seq. ) with respect to the residents of the nation of Puerto Rico shall cease. (c) Other Federal transfer payments (1) Block grants Any Federal transfer payments to individuals and to the Commonwealth government not described in subsection (a) or (b) shall be maintained in the form of annual block grants to be used by the government of the nation of Puerto Rico at the discretion of the government of the nation of Puerto Rico. (2) Annual aggregate funding During the 10-fiscal-year period beginning on the date of issuance of the Proclamation, the amount of an annual block grant described in paragraph (1) shall be equal to the greater of— (A) the annual aggregate funding of all programs described in that paragraph that extend to the Commonwealth of Puerto Rico during the applicable fiscal year; and (B) the annual aggregate funding of all programs described in that paragraph that were extended to the Commonwealth of Puerto Rico during the fiscal year immediately prior to the date of issuance of the Proclamation. (3) Decrease in amount Beginning in the 11th fiscal year after the date of issuance of the Proclamation, the amount of the annual block grants described in paragraph (1), as calculated under paragraph (2), shall decrease at the rate of 10 percent each year. (4) Modification of terms The terms of this subsection may be modified by agreement between the United States and the nation of Puerto Rico. III Transition and implementation of sovereignty in free association with the United States option 301. Definitions In this title: (1) Constitutional convention The term constitutional convention means a constitutional convention established under section 302(d)(2). (2) Proclamation The term Proclamation means a Presidential proclamation issued under section 307(a). 302. Constitutional convention (a) Election of delegates Not later than 180 days after the effective date of certification of a plebiscite under this Act that favors sovereignty in free association with the United States, the Legislative Assembly shall provide for the election of delegates to a constitutional convention to formulate and draft a constitution for the nation of Puerto Rico. (b) Eligible voters All eligible voters may vote in the election of delegates to the constitutional convention under subsection (a). (c) General applicability of electoral law The laws of the Commonwealth of Puerto Rico relating to the electoral process shall apply to an election held under subsection (a). (d) Initial meeting (1) In general Not later than 180 days after the date of the election of delegates to the constitutional convention under subsection (a), the elected delegates shall meet at such time and place as the Legislative Assembly shall determine. (2) Establishment The initial meeting of the elected delegates to the constitutional convention under paragraph (1) shall be considered to be the establishment of the constitutional convention. 303. Character of the constitution The constitutional convention shall formulate and draft a constitution for the nation of Puerto Rico that guarantees the protection of fundamental human rights, including— (1) due process and equal protection under the law; (2) freedom of speech, press, assembly, association, and religion; (3) the rights of the accused; (4) any other economic, social, and cultural rights as the constitutional convention may determine to be necessary; and (5) provisions to ensure that no individual born in the nation of Puerto Rico shall be stateless at birth. 304. Submission; ratification (a) Submission Not later than 2 years after the date of establishment of the constitutional convention, the Elections Commission shall submit the constitution formulated and drafted by the delegates to the constitutional convention to the eligible voters for ratification or rejection in a special election. (b) Manner of election The special election held under subsection (a) shall be held in the manner prescribed by the Legislative Assembly. (c) Rejection If the constitution of the nation of Puerto Rico is rejected in a special election held under subsection (a), the process provided for under sections 302 and 303 and subsections (a) and (b) shall be repeated, except that section 302(a) shall be applied by substituting— (1) the special election for a plebiscite ; and (2) rejects the Constitution for favors sovereignty in free association with the United States . 305. Election of officers (a) In general Not later than 30 days after the date of ratification of the constitution of the nation of Puerto Rico under section 304, the Governor shall issue a proclamation calling for the election of any officers of the nation of Puerto Rico that may be required by the ratified constitution of the nation of Puerto Rico. (b) Deadline; procedures The election of the officers under subsection (a) shall be held— (1) not later than 180 days after the date of ratification of the constitution of the nation of Puerto Rico; and (2) in accordance with the procedures and requirements established by the constitution of the nation of Puerto Rico. (c) Certification of results Not later than 10 days after the date of the election of officers under subsection (a), the Elections Commission shall certify the results of the election under that subsection. (d) Notice As soon as practicable after the date of the certification under subsection (c), the Governor shall submit notice of the results of the election certified under that subsection to— (1) the President; (2) the President pro tempore of the Senate; (3) the Speaker of the House of Representatives; (4) the Committee on Energy and Natural Resources of the Senate; and (5) the Committee on Natural Resources of the House of Representatives. 306. Conforming amendments to existing law (a) Review Not later than 30 days after the initial meeting of the constitutional convention under section 302(d), the President shall initiate a review of Federal laws with respect to Puerto Rico, including Federal laws relating to— (1) taxation of persons and businesses; (2) health care; (3) housing; (4) transportation; (5) education; and (6) entitlement programs. (b) Recommendations Not later than 1 year after the date on which the President initiates a review under subsection (a), the President shall submit to Congress recommendations for changes to Federal laws identified during the review, as the President determines to be appropriate. 307. Proclamation by President; head of state of the nation Puerto Rico (a) Proclamation Not later than 30 days after the date of certification of the elected officers of the nation of Puerto Rico under section 305(c), the President shall, by proclamation— (1) withdraw and surrender all rights of possession, supervision, jurisdiction, control, or sovereignty exercised by the United States over the Commonwealth of Puerto Rico and residents of the Commonwealth of Puerto Rico on the day before the date of issuance of the Proclamation; (2) recognize, on behalf of the United States, the international sovereignty through free association of the nation of Puerto Rico and the authority of the government of the nation of Puerto Rico instituted by eligible voters under the constitution of the nation of Puerto Rico; and (3) state that the effective date of withdrawal of the sovereignty of the United States and recognition of international sovereignty through free association shall be the date of issuance of the Proclamation. (b) Transmission of Proclamation Not later than 7 days after the date of issuance of the Proclamation, the President shall transmit a copy of the Proclamation to— (1) the presiding officer of the constitutional convention; (2) the officer elected as head of state of the nation of Puerto Rico; (3) the President pro tempore of the Senate; (4) the Speaker of the House of Representatives; (5) the Committee on Energy and Natural Resources of the Senate; and (6) the Committee on Natural Resources of the House of Representatives. (c) Date government To take office Not later than 7 days after the date of receipt of the Proclamation under subsection (b) and with the advice of the officer elected as head of state of the nation of Puerto Rico, the presiding officer of the constitutional convention shall— (1) determine the date on which the government of the nation of Puerto Rico shall take office; and (2) submit notice of the date determined under paragraph (1) to— (A) the Governor; (B) the President; (C) the President pro tempore of the Senate; and (D) the Speaker of the House of Representatives. 308. Legal and constitutional provisions On the date of issuance of the Proclamation and except as otherwise provided in this title or in any agreements between the United States and the nation of Puerto Rico— (1) all property, rights, and interests that the United States may have acquired in and to the Commonwealth of Puerto Rico under the Treaty of Peace between the United States of America and the Kingdom of Spain, signed at Paris on December 10, 1898 (30 Stat. 1754), and otherwise by cession, purchase, or eminent domain, with the exception of land and other property, rights, or interests that may have been sold or otherwise legally disposed of before the date of issuance of the Proclamation, shall vest in the nation of Puerto Rico; and (2) except as provided in section 313, all laws of the United States applicable to the Commonwealth of Puerto Rico on the day before the date of issuance of the Proclamation shall no longer apply in the nation of Puerto Rico. 309. Judicial pronouncements (a) Judgments before Proclamation The nation of Puerto Rico shall recognize and give effect to all orders and judgments rendered by courts of the United States or the Commonwealth of Puerto Rico on the day before the date of issuance of the Proclamation pursuant to the laws of the United States applicable to the Commonwealth of Puerto Rico. (b) Continuity of pending proceedings All judicial proceedings pending in the courts of the Commonwealth of Puerto Rico on the date of issuance of the Proclamation shall be continued in the corresponding courts under the constitution of the nation of Puerto Rico. (c) Transfer of judicial power (1) In general Beginning on the date of issuance of the Proclamation— (A) the judicial power of the United States shall no longer extend to the nation of Puerto Rico; (B) any proceeding pending in the United States District Court for the District of Puerto Rico as of that date shall be transferred to the applicable court in the nation of Puerto Rico or other competent judicial authority under the constitution of the nation of Puerto Rico for disposition in accordance with laws applicable on the date on which the controversy that is the subject of the proceeding arose; and (C) any proceeding pending in the United States Court of Appeals for the First Circuit or in the Supreme Court of the United States as of that date that initiated in, or that could have been initiated in, the courts of the Commonwealth of Puerto Rico or in the United States District Court for the District of Puerto Rico shall— (i) continue until the date of final disposition; and (ii) be submitted to the competent authority of the nation of Puerto Rico for proper execution. (2) Exception Notwithstanding paragraph (1), if the United States or any officer of the United States is a party to a proceeding described in subparagraph (B) or (C) of that paragraph, any final judgment in that proceeding shall be properly executed by the competent authority of the United States. 310. Citizenship and immigration laws after sovereignty through free association (a) Citizenship status (1) Puerto Rican nationality Beginning on the date of issuance of the Proclamation, the citizenship status of each individual born in Puerto Rico shall be determined in accordance with the constitution and laws of the nation of Puerto Rico. (2) United States immigration laws Except as provided in this section, beginning on the date of issuance of the Proclamation, a citizen of Puerto Rico seeking to enter into the United States or obtain citizenship in the United States shall be subject to the immigration laws. (b) Effect of Puerto Rican citizenship (1) In general Except as provided in paragraph (2), nothing in this title precludes or limits the applicability of section 349 of the Immigration and Nationality Act ( 8 U.S.C. 1481 ). (2) Exception The provision of citizenship by the laws of the nation of Puerto Rico under subsection (a)(1) shall not constitute, or otherwise serve as the basis of, loss or relinquishment of United States citizenship under section 349 of the Immigration and Nationality Act ( 8 U.S.C. 1481 ). (c) Citizenship at birth after sovereignty (1) In general Except as provided in paragraph (2), an individual born in the nation of Puerto Rico after the date of issuance of the Proclamation to at least 1 parent who became a United States citizen under section 302 of the Immigration and Nationality Act ( 8 U.S.C. 1402 ) shall not be considered to be a United States citizen at birth under subsection (c), (d), or (g) of section 301 of that Act ( 8 U.S.C. 1401 ). (2) Transition period During the initial implementation of the articles of free association under this title, an individual born in the nation of Puerto Rico to 2 parents who are citizens of the United States shall be considered to be a United States citizen at birth under section 301(c) of the Immigration and Nationality Act ( 8 U.S.C. 1401(c) ) if the individual is otherwise eligible for United States citizenship. (d) Travel and work authorization (1) In general An individual in any of the following categories may enter, lawfully engage in occupations, and establish residence as a nonimmigrant in the United States and territories and possessions of the United States without regard to paragraphs (5)(A) and (7) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ): (A) An individual who acquires citizenship of Puerto Rico at birth, on or after the date of issuance of the Proclamation. (B) A naturalized citizen of Puerto Rico who— (i) has been an actual resident of Puerto Rico for not fewer than 5 years after attaining naturalization; and (ii) holds a proof of that residence. (2) Employment permission An individual described in subparagraph (A) or (B) of paragraph (1) shall be considered to have the permission of the Secretary of Homeland Security to accept employment in the United States. (3) Limitations The right of an individual described in subparagraph (A) or (B) of paragraph (1) to establish habitual residence in a territory or possession of the United States may be subjected to nondiscriminatory limitations provided for— (A) in laws or regulations of the United States; or (B) in laws or regulations of the applicable territory or possession that are authorized by Federal law. (4) Termination of effectiveness This subsection shall expire on termination of the articles of free association in accordance with section 312(c). (e) Conforming amendments (1) In general Section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ) is amended— (A) in paragraph (36), by striking Puerto Rico, ; and (B) in paragraph (38), by striking Puerto Rico, . (2) Effective date The amendments made by paragraph (1) shall take effect on the date of issuance of the Proclamation. (f) Rule of construction Nothing in this section limits the authority of the United States to change any requirement for United States citizenship. 311. Bilateral Negotiating Commission (a) In general If a plebiscite held under this Act results in a majority vote for sovereignty in free association with the United States, there shall be established, in accordance with this section, a commission, to be known as the Bilateral Negotiating Commission , which shall conduct negotiations on articles of free association with the United States. (b) Members Not later than 90 days after the date of establishment of the constitutional convention— (1) the constitutional convention shall elect, by majority vote of the delegates to the constitutional convention, 5 members from among the delegates of the constitutional convention to join the Bilateral Negotiating Commission on behalf of Puerto Rico; and (2) the President shall appoint 5 members to the Bilateral Negotiating Commission, 1 of whom shall be nominated as ambassador, to negotiate on behalf of the United States. (c) Initial meeting (1) In general Not later than 180 days after the date of the election and appointment of the members to the Bilateral Negotiating Commission under subsection (b), the members of the Bilateral Negotiating Commission shall meet at such time and place as the Legislative Assembly determines to be appropriate. (2) Establishment The initial meeting under paragraph (1) shall be considered to be the establishment of the Bilateral Negotiating Commission. (d) Duties The Bilateral Negotiating Commission shall— (1) be responsible for expediting the orderly transfer to the nation of Puerto Rico of all functions exercised on the day before the date of the Proclamation by the Government of the United States in the Commonwealth of Puerto Rico; (2) provide to Congress recommendations on any appropriate legislation to carry out the transfer under paragraph (1), including such appropriate enabling legislation as may be required by the articles of free association; (3) negotiate all matters pertaining to the government-to-government relationship between Puerto Rico and the United States through the development of the articles of free association, including foreign affairs, trade, finance, taxation, security, and defense, dispute resolution, immigration, economic benefits (including grants), and termination of the free association status; and (4) to the maximum extent practicable, complete the articles of free association not later than 2 years after the date of establishment of the constitutional convention. (e) Collaboration The Commonwealth government and Federal agencies shall collaborate with the Bilateral Negotiating Commission to provide for the orderly transfer of the functions of government as required by the articles of free association completed under this section. 312. Articles of free association approval, effective date, and termination (a) Approval The articles of free association completed by the Bilateral Negotiating Commission under section 311 shall take effect on mutual agreement between the Government of the United States and the Government of Puerto Rico after approval by— (1) a separate ratification vote on the articles of free association by the eligible voters in the special election held under section 304; and (2) the Government of the United States, in accordance with procedures under the Constitution of the United States. (b) Rejection If a special election under subsection (a)(1) results in rejection of the articles of free association, the process provided for in section 311 and subsection (a) shall be repeated. (c) Termination The articles of free association between the United States and the nation of Puerto Rico approved under this section may be terminated at will by the United States or the nation of Puerto Rico at any time. 313. Individual rights to economic benefits and grants (a) Rights and benefits (1) In general Any vested rights and benefits that accrue to residents of the Commonwealth of Puerto Rico under the laws of the United States from past services or contributions, such as rights and benefits for veterans of the Armed Forces or relatives of veterans of the Armed Forces, retired Federal Government employees, or beneficiaries of old age, disability, or survivor benefits under the Social Security Act ( 42 U.S.C. 301 et seq. ), shall not be interrupted after the date of issuance of the Proclamation, but shall continue until the date on which the rights and benefits are extinguished according to applicable Federal law. (2) Agreement required All services to be provided as part of the rights and benefits described in paragraph (1) shall be made available through the government of the nation of Puerto Rico in accordance with agreements entered into by the government of the nation of Puerto Rico and the Government of the United States. (b) Social Security system (1) In general Notwithstanding subsection (a) and subject to paragraph (2), on the date on which the government of the nation of Puerto Rico establishes a social security system for the nation of Puerto Rico, the Secretary of the Treasury shall transfer to the government of the nation of Puerto Rico all contributions made by employees and employers in the Commonwealth of Puerto Rico to the Social Security system under the Social Security Act ( 42 U.S.C. 301 et seq. ) with respect to individuals who, as of the date of issuance of the Proclamation, are residents of the nation of Puerto Rico and are not yet eligible for old age, disability, or survivor benefits under the Social Security system under the Social Security Act ( 42 U.S.C. 301 et seq. ). (2) Use of funds The government of the nation of Puerto Rico may not use the amounts transferred under paragraph (1) for any purpose other than the establishment and operation of a social security system for the nation of Puerto Rico. (3) Obligations On the transfer of the amounts under paragraph (1), the obligations of the United States Government under the Social Security Act ( 42 U.S.C. 301 et seq. ) with respect to residents of the nation of Puerto Rico shall cease. (c) Other Federal transfer payments (1) In general Any Federal transfer payments to individuals and to the Commonwealth government not described in subsection (a) or (b) shall be maintained in the form of annual block grants to be used by the government of the nation of Puerto Rico at the discretion of the government of the nation of Puerto Rico. (2) Annual aggregate funding During the 10-fiscal-year period beginning on the date of issuance of the Proclamation, the amount of an annual block grant described in paragraph (1) shall be equal to the greater of— (A) the annual aggregate funding of all programs described in that paragraph that extend to the Commonwealth of Puerto Rico during the applicable fiscal year; and (B) the annual aggregate funding of all programs described in that paragraph that have been extended to the Commonwealth of Puerto Rico during the fiscal year immediately prior to the date of issuance of the Proclamation. (3) Decrease in amount Beginning in the 11th fiscal year after the date of issuance of the Proclamation, the amount of the annual block grants described in paragraph (1), as calculated under paragraph (2), shall decrease at the rate of 10 percent each year. (4) Modification of terms The terms of this subsection may be modified by agreement between the United States and the nation of Puerto Rico. (d) Revision The terms and conditions of subsections (a) and (b) may be revised as part of an agreement under the articles of free association approved under section 312. IV Transition and implementation of statehood status 401. Definitions In this title: (1) Admission date The term admission date means the date on which the Commonwealth of Puerto Rico is admitted as a State of the Union of the United States, as established under section 402(b)(1). (2) Proclamation The term Proclamation means a Presidential proclamation issued under section 402(b)(1). 402. Puerto Rico readiness for statehood; Presidential proclamation; admission into the Union of the United States (a) Assessment of readiness for statehood (1) In general On receipt of a certification of the plebiscite results of the Elections Commission pursuant to section 101(d) in which the statehood status option is favored, the Comptroller General of the United States shall conduct a study on the readiness of the Commonwealth of Puerto Rico for statehood, under which the Comptroller General of the United States shall examine— (A) whether the majority of eligible voters that voted for statehood in the plebiscite reflects a sufficiently stable majority such that it is likely that the majority of the eligible votes would not revert to a minority of eligible voters in a future plebiscite; (B) whether the proposed new State, with a per capita income of $13,318, according to the 2020 decennial census, has sufficient resources— (i) to support the State government; and (ii) to provide the applicable State share of the costs of the Federal Government; and (C) the impact on existing States of the United States and the United States as a whole of— (i) the fact that the population of the Commonwealth of Puerto Rico— (I) is greater than the population of 29 other States; and (II) is greater than the population of any State as of the date on which the State entered the Union of the United States; (ii) the fact that, of the 98.7 percent of the population of the Commonwealth of Puerto Rico that is Hispanic, a substantial proportion considers Puerto Rico to be a Spanish-speaking, Latino Nation; and (iii) the fact that 43.4 percent of the population of the Commonwealth of Puerto Rico is below the poverty line, according to the 2020 decennial census. (2) Deadline Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report describing the results of the study under paragraph (1). (3) Vote As soon as practicable after the date of submission of the study under paragraph (2), the Senate and the House of Representatives shall each hold a vote on the admission of the Commonwealth of Puerto Rico as a State of the Union of the United States. (b) Presidential proclamation; date of admission (1) In general On receipt of notice of a majority vote in the Senate and the House of Representatives in favor of the admission of the Commonwealth of Puerto Rico as a State of the Union of the United States under subsection (a)(3), the President shall issue a proclamation declaring the date on which the Commonwealth of Puerto Rico is admitted as a State of the Union of the United States, subject to paragraph (2). (2) Requirement The date referred to in paragraph (1) shall be a date not later than 1 year after the date on which the President receives the notice under that paragraph. (3) Submission of Proclamation The President shall submit the Proclamation to— (A) the Governor; (B) the President pro tempore of the Senate; (C) the Speaker of the House of Representatives; (D) the Committee on Energy and Natural Resources of the Senate; and (E) the Committee on Natural Resources of the House of Representatives. (4) Admission into the Union of the United States (A) In general Subject to the provisions of this Act, on the admission date, the Commonwealth of Puerto Rico shall be a State of the United States and admitted into the Union of the United States on an equal footing with the other States in all respects. (B) Designation On admission into the Union of the United States under subparagraph (A), the Commonwealth of Puerto Rico shall be known as the State of Puerto Rico . (C) Incorporation The Commonwealth of Puerto Rico shall remain unincorporated until the admission date. 403. Conforming amendments to existing law (a) Review Not later than 30 days after the date of certification of the plebiscite results of the Elections Commission pursuant to section 101(d) in which the statehood status option is favored, the President shall initiate a review of Federal laws with respect to Puerto Rico, including Federal laws relating to— (1) taxation of persons and businesses; (2) health care; (3) housing; (4) transportation; (5) education; and (6) entitlement programs. (b) Recommendations Not later than 1 year after the date on which the President initiates a review under subsection (a), the President shall submit to Congress recommendations for changes to Federal laws identified during the review, as the President determines to be appropriate. 404. Territory and boundaries The State of Puerto Rico shall consist of all of the islands, appurtenant reefs, seafloor, submerged land, and territorial waters in the seaward boundary under the jurisdiction of the Commonwealth of Puerto Rico on the day before the admission date. 405. Constitution (a) Finding; declaration Congress— (1) finds that the constitution of the Commonwealth of Puerto Rico approved by Public Law 82–447 (66 Stat. 327, chapter 567), as subsequently amended and in effect as of the day before the date of enactment of this Act is— (A) republican in form; and (B) in conformity with the Constitution of the United States and the principles of the Declaration of Independence; and (2) declares that the constitution of the Commonwealth of Puerto Rico approved by Public Law 82–447 (66 Stat. 327, chapter 567), as subsequently amended and in effect as of the day before the date of enactment of this Act, is accepted, ratified, and confirmed as the constitution of the State of Puerto Rico. (b) Requirement The constitution of the State of Puerto Rico— (1) shall remain republican in form; and (2) shall not be repugnant to— (A) the Constitution of the United States; or (B) the principles of the Declaration of Independence. 406. Elections of Senators and Representatives; certification; jurisdiction (a) Elections of Senators and Representatives Not later than 30 days after the date of issuance of the Proclamation, the Governor shall issue a declaration to designate and announce the dates and other requirements for primary and general elections under applicable Federal and local law for representation of the State of Puerto Rico in the Senate and the House of Representatives on admission of the State of Puerto Rico into the Union of the United States. (b) Resident Commissioner The office of Resident Commissioner of Puerto Rico shall cease to exist on the swearing in of the first Member of the House of Representatives from the State of Puerto Rico. (c) Senators and Representatives (1) In general On admission into the Union of the United States, the State of Puerto Rico shall be entitled to representation in the Senate and House of Representatives, with the Senators and Representatives from the State of Puerto Rico entitled— (A) to be admitted to seats in Congress; and (B) to all the rights and privileges of Senators and Representatives of the other States in Congress. (2) First election of Senators (A) In general In the first election of Senators from the State of Puerto Rico held after the admission date— (i) the 2 senatorial offices shall be separately identified and designated; and (ii) no individual may be a candidate for both Senatorial offices designated under clause (i). (B) Effect Nothing in this paragraph affects the privilege of the Senate to determine the class and term to which each of the Senators elected under this paragraph shall be assigned, except that the 2 Senators may not be in same class. (3) Election of Representatives (A) Initial elections (i) In general In the first election of Representatives from the State of Puerto Rico held after the admission date and each election thereafter until the first census-based reapportionment election held after the admission date— (I) the State of Puerto Rico shall be entitled to the same number of Representatives as the State, the most recent census population of which was closest to, but not more than, the population of the State of Puerto Rico; and (II) the Representatives elected shall be in addition to the number of Members of the House of Representatives as prescribed by law. (ii) Increase Any temporary increase in the membership in the number of Members of the House of Representatives under clause (i)(II) shall not— (I) increase or decrease the permanent membership of the House of Representatives as prescribed in sections 1 and 2 of the Act entitled An Act for the apportionment of Representatives in Congress among the several States under the Thirteenth Census , approved August 8, 1911 ( 2 U.S.C. 2 ); or (II) affect the basis of reapportionment established by section 22 of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress , approved June 18, 1929 ( 2 U.S.C. 2a ), unless Congress increases the total number of Members of the House of Representatives. (B) Census-based reapportionment elections (i) In general During the first census-based reapportionment election held after the admission date and each election thereafter, the State of Puerto Rico shall be entitled to the number of Representatives as provided for by applicable law, based on the applicable reapportionment. (ii) Applicable law The apportionment of congressional districts for an election under clause (i) shall be conducted as provided for by the constitution and laws of the State of Puerto Rico for State legislative districts. (d) Certification of results (1) In general The Elections Commission shall certify the results of the initial primary and general elections for representation in the Senate and the House of Representatives from the State of Puerto Rico under paragraph (2) or (3)(A) of subsection (c) to the Governor of the State of Puerto Rico. (2) Transmission; declaration Not later than 10 days after the date of a certification under paragraph (1), the Governor of the State of Puerto Rico shall— (A) declare the results of the primary or general election, as applicable; and (B) transmit the results of the election to— (i) the President; (ii) the President pro tempore of the Senate; and (iii) the Speaker of the House of Representatives. (e) Jurisdiction of District Court The United States District Court for the District of Puerto Rico shall have original and exclusive jurisdiction over any civil action alleging a dispute or controversy relating to any electoral process conducted under this section. 407. State title to land and property (a) State title The State of Puerto Rico and political subdivisions of the State of Puerto Rico shall have and retain title in and to all property, real and personal, held by the Commonwealth of Puerto Rico and political subdivisions of the Commonwealth of Puerto Rico on the day before the admission date. (b) Federal title There shall remain the property of the United States any land and other property that, as of the admission date, is set aside for the use of the United States under— (1) an Act of Congress; (2) an Executive order; (3) a Presidential proclamation; or (4) a proclamation of the Governor. (c) Outer Continental Shelf (1) State of Puerto Rico The State of Puerto Rico shall have the exclusive right to explore, exploit, lease, possess, and use all seabed and natural and mineral resources lying within 3 marine leagues or 9 nautical miles from the shoreline of the State of Puerto Rico, as granted under section 8 of the Act of March 2, 1917 (39 Stat. 954, chapter 145; 48 U.S.C. 749 ). (2) United States All other rights of sovereignty with respect to the outer Continental Shelf of the State of Puerto Rico shall belong to the United States, except in cases in which the rights are vested in the Commonwealth of Puerto Rico on the day before the admission date. 408. Continuity of laws, government, and obligations As of the admission date— (1) all of the territorial laws in effect in the Commonwealth of Puerto Rico on the date of issuance of the Proclamation that are not inconsistent with this Act or the constitution of the State of Puerto Rico shall continue in force and effect throughout the State of Puerto Rico, until amended, modified, or repealed by the State of Puerto Rico; (2) all of the laws of the United States shall have the same force and effect within the State of Puerto Rico as in the other States; (3) the individuals holding legislative, executive, and judicial offices of the Commonwealth of Puerto Rico shall continue to discharge the duties of the respective offices in, under, or by authority of the government of the State of Puerto Rico, as provided by the constitution and laws of the State; (4) all contracts, obligations, liabilities, debts, and claims of the Commonwealth of Puerto Rico and instrumentalities of the Commonwealth of Puerto Rico in effect on the admission date shall continue in full force and effect as the contracts, obligations, liabilities, debts, and claims of the State of Puerto Rico and instrumentalities of the State of Puerto Rico; and (5) all laws of the United States reserving to the United States the free use or enjoyment of property that vests in or is conveyed to the State of Puerto Rico or political subdivisions of the State of Puerto Rico pursuant to this section or reserving the right to alter, amend, or repeal laws relating to the property shall cease to be effective. 409. Judicial pronouncements (a) Pending A writ, action, indictment, cause, or proceeding pending in any court of the Commonwealth of Puerto Rico as of the admission date— (1) shall not abate by reason of the admission of the State of Puerto Rico into the Union of the United States; but (2) shall, as the nature of the case may require— (A) proceed within any appropriate State court established under the constitution of the State of Puerto Rico; or (B) continue in the United States District Court for the District of Puerto Rico. (b) Not yet pending (1) In general Any civil cause of action or criminal offense that arose or was committed before the admission date, but with respect to which no writ, action, indictment, or proceeding is pending on the admission date, shall be subject to prosecution in the appropriate State court or in the United States District Court for the District of Puerto Rico, to the same extent, and with the same right of appellate review, as if the State court had been established before the accrual of the cause of action or the commission of the offense. (2) Procedural or substantive laws (A) In general The admission of the State of Puerto Rico into the Union of the United States shall not affect a change in the procedural or substantive laws with respect to a cause of action or criminal offense that arose or was committed as of the admission date. (B) Trial Any criminal offense described in subparagraph (A)— (i) that was committed in violation of the laws of the Commonwealth of Puerto Rico shall be tried by the appropriate court of the State of Puerto Rico; and (ii) that was committed in violation of the laws of the United States shall be tried in the United States District Court for the District of Puerto Rico. (c) Appeals (1) Before admission date (A) In general Parties to an action shall have the same rights of judicial review of final decisions of the United States District Court for the District of Puerto Rico or the Supreme Court of Puerto Rico in any case decided before the admission date, regardless of whether an appeal was perfected prior to the admission date. (B) Jurisdiction The United States Court of Appeals for the First Circuit and the Supreme Court of the United States shall have the same jurisdiction in an action described in subparagraph (A) as by law provided prior to the admission date. (2) After admission date Any mandate issued after the admission date shall be to the United States District Court for the District of Puerto Rico or a court of the State of Puerto Rico, as appropriate. (3) Pending action (A) In general Parties shall have the same rights of appeal from, and appellate review of, all orders, judgments, and decrees of the United States District Court for the District of Puerto Rico and of the Supreme Court of Puerto Rico in any case pending on the admission date. (B) Jurisdiction The Supreme Court of Puerto Rico and the Supreme Court of the United States shall have the same jurisdiction in an action described in subparagraph (A) as the jurisdiction provided in any case arising after the admission date. V Transition and implementation of commonwealth status 501. Bilateral Negotiating Commission (a) In general If a plebiscite conducted under this Act results in a majority vote for the Commonwealth–Estado Libre Asociado status option, there shall be established, in accordance with this section, a commission, to be known as the Bilateral Negotiating Commission , which shall conduct studies and negotiations on changes to the Commonwealth–Estado Libre Asociado status within the general framework of commonwealth status, including the potential for a compact agreement between the United States and the Commonwealth of Puerto Rico to replace the Act of July 3, 1950 (commonly known as the Puerto Rico Federal Relations Act of 1950 ) (64 Stat. 319, chapter 446). (b) Membership Not later than 180 days after the date on which the results of a plebiscite in favor of commonwealth status are submitted under section 101(d)— (1) the political party or organization representing the Commonwealth–Estado Libre Asociado status option in the plebiscite shall appoint 5 members to the Bilateral Negotiating Commission; and (2) the President shall appoint 5 members to the Bilateral Negotiating Commission. (c) Initial meeting (1) In general Not later than 90 days after the date on which the members of the Bilateral Negotiating Commission are appointed under subsection (b), the Bilateral Negotiating Commission shall hold a meeting at such time and such place as the members of the Bilateral Negotiating Commission determine to be appropriate. (2) Establishment The initial meeting under paragraph (1) shall be considered to be the establishment of the Bilateral Negotiating Commission. (d) Duties The Bilateral Negotiating Commission shall— (1) (A) examine, discuss, and negotiate improvements to the Commonwealth–Estado Libre Asociado status; (B) draft a compact agreement that would replace the Act of July 3, 1950 (commonly known as the Puerto Rico Federal Relations Act of 1950 ) (64 Stat. 319, chapter 446), within the general framework of the Commonwealth–Estado Libre Asociado status; and (C) propose the draft compact agreement to eligible voters in a ratification vote in accordance with section 502(a)(1); and (2) to the maximum extent practicable, complete the work of the Bilateral Negotiating Commission not later than 2 years after the date of the initial meeting of the Bilateral Negotiating Commission. (e) Collaboration The Commonwealth government and Federal agencies shall collaborate with the Bilateral Negotiating Commission in carrying out the duties of the Bilateral Negotiating Commission under this title. 502. Approval; effective date (a) Approval A compact agreement between the Federal Government and the Commonwealth government proposed by the Bilateral Negotiating Commission under section 501 shall take effect on the date of approval of the proposed compact agreement— (1) in a ratification vote by eligible voters in a special election that is held— (A) not later than 180 days after the date on which the Bilateral Negotiating Commission releases the proposed compact agreement; and (B) in accordance with procedures developed by the Legislative Assembly; and (2) by the Federal Government, in accordance with applicable Federal law and the Constitution. (b) Rejection If the special election under subsection (a)(1) results in a rejection of the proposed compact agreement, the process provided in section 501 and subsection (a) shall be repeated. VI Miscellaneous 601. Application of Puerto Rico Oversight, Management, and Economic Stability Act (a) In general On the applicable date described in subsection (b)— (1) the Puerto Rico Oversight, Management, and Economic Stability Act ( 48 U.S.C. 2101 et seq. ) shall no longer apply to the State of Puerto Rico, the nation of Puerto Rico, or the Commonwealth of Puerto Rico, as applicable; and (2) (A) the Financial Oversight and Management Board established by section 101(b)(1) of the Puerto Rico Oversight, Management, and Economic Stability Act ( 48 U.S.C. 2121(b)(1) ) shall be terminated; (B) all duties and responsibilities assigned to the Financial Oversight and Management Board under that Act as of that date shall return to the State of Puerto Rico, the nation of Puerto Rico, or the Commonwealth of Puerto Rico, as applicable; and (C) all funds, property, and assets of the Financial Oversight and Management Board as of that date shall be transferred to the State of Puerto Rico, the nation of Puerto Rico, or the Commonwealth of Puerto Rico, as applicable. (b) Applicable date described The applicable date described in this subsection is— (1) the date on which the government of the nation of Puerto Rico takes office, as established under section 208(c) or 307(c); (2) the date on which the Commonwealth of Puerto Rico is admitted as a State of the Union of the United States, as declared under a Presidential proclamation issued under section 402(b)(1); or (3) the date of ratification by eligible voters of a compact agreement for the Commonwealth of Puerto Rico under section 502(a)(1). 602. Severability If any provision of this Act, or the application of a provision of this Act to any person or circumstance, is held to be invalid by a court of jurisdiction, the remainder of this Act, and the application of the provisions to any person or circumstance, shall not be affected by the holding. | https://www.govinfo.gov/content/pkg/BILLS-117s4560is/xml/BILLS-117s4560is.xml |
117-s-4561 | II 117th CONGRESS 2d Session S. 4561 IN THE SENATE OF THE UNITED STATES July 20, 2022 Mr. Warnock (for himself, Mr. Blumenthal , Ms. Cortez Masto , Mr. Ossoff , Mr. Bennet , Mr. Tester , Mr. Warner , Mr. Merkley , and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To direct the Secretary of Defense to seek to enter into an agreement with an entity to conduct a study and produce a report on barriers to home ownership for members of the Armed Forces.
1. Short title This Act may be cited as the Increasing Home Ownership for Servicemembers Act . 2. Study and report on barriers to home ownership for members of the Armed Forces Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center or nonprofit entity to conduct a study on the barriers to home ownership for members of the Armed Forces. At the conclusion of such study, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the following elements: (1) Potential barriers to home ownership, including down payments, concerns about home maintenance, and challenges in selling a home. (2) The percentage of members who use the basic allowance for housing under section 403 of title 37, United States Code, to pay for a mortgage, disaggregated by Armed Force, rank, and military housing area. (3) Any identified differences in home ownership rates among members correlated with race or gender. (4) What percentage of members own a home before they separate from the Armed Forces. | https://www.govinfo.gov/content/pkg/BILLS-117s4561is/xml/BILLS-117s4561is.xml |
117-s-4562 | II 117th CONGRESS 2d Session S. 4562 IN THE SENATE OF THE UNITED STATES July 20, 2022 Mr. Warnock (for himself, Mr. Blumenthal , Mr. Ossoff , Mr. Tester , Mr. Merkley , and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To amend title 37, United States Code, to increase the basic allowance for housing inside the United States for members of the uniformed services.
1. Short title This Act may be cited as the BAH Restoration Act . 2. Increase in basic allowance for housing inside the United States for members of the uniformed services Paragraph (3) of section 403(b) of title 37, United States Code, is amended to read as follows: (3) The monthly amount of the basic allowance for housing for an area of the United States for a member of a uniformed service shall be the amount of the monthly cost of adequate housing in that area, as determined by the Secretary of Defense, for members of the uniformed services serving in the same pay grade and with the same dependency status as the member. . | https://www.govinfo.gov/content/pkg/BILLS-117s4562is/xml/BILLS-117s4562is.xml |
117-s-4563 | II 117th CONGRESS 2d Session S. 4563 IN THE SENATE OF THE UNITED STATES July 20, 2022 Mr. Warnock (for himself and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To direct the Secretary of Defense and Secretary of Housing and Urban Development to take certain actions regarding the housing shortage for members of the Armed Forces.
1. Short title This Act may be cited as the Building More Housing for Servicemembers Act . 2. Responses to the housing shortage for members of the Armed Forces (a) Report on housing shortage for members of the Armed Forces (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the housing shortage for members of the Armed Forces. (2) Elements The report required under subsection (a) shall include the following elements: (A) The determination of the Secretary regarding the feasibility of acquiring real property near military installations that face housing shortages to be used for the development of privatized housing. (B) The determination of the Secretary regarding the need for an officer or civilian employee of the Department of Defense to serve, at each military installation, as a housing manager. (b) Guidance to landlords of privatized housing Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall prescribe guidance for eligible entities and landlords regarding acceptable housing standards for privatized housing. (c) Pilot and grant programs (1) Pilot program on using rental partnership programs of the Armed Forces to assure tenants for developers of privatized housing (A) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a pilot program to assess the feasibility of using the rental partnership programs of the Armed Forces to assure tenants for eligible entities to secure financing to construct privatized housing. (B) Locations The Secretary shall operate the pilot program under subparagraph (A) in not more than 10 military housing areas that each have a rental vacancy rate of less than seven percent. (C) Term The pilot program under subparagraph (A) shall terminate on the date that is five years after the Secretary establishes the pilot program. (D) Report Not later than 90 days after the termination of the pilot program under subparagraph (A), the Secretary shall submit to Congress a report on the results of the pilot program. (2) Joint pilot program on financial incentives for developers of privatized housing (A) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of Housing and Urban Development, shall develop a pilot program to provide financial incentives to eligible entities to build privatized housing or to purchase or lease existing facilities to house members of the Armed Forces and their dependents and to house low-income individuals and families, as determined by the Secretary of Housing and Urban Development. (B) Eligible projects (i) In general In order to be eligible for an incentive under the pilot program under subparagraph (A), proposed privatized housing shall ensure that a percentage of such housing is reserved for members of the Armed Forces and dependents of such members. (ii) Percentage The percentage under clause (i) shall vary proportionately to the value of the incentive provided under subparagraph (A). (C) Locations The Secretary of Defense and the Secretary of Housing and Urban Development shall operate the pilot program under subparagraph (A) in areas that have the longest wait times for on-base housing. (D) Priority In selecting eligible entities under the pilot program under subparagraph (A), the Secretary of Defense and the Secretary of Housing and Urban Development shall give priority to entry-level housing and projects with greater density. (E) Term The pilot program under subparagraph (A) shall terminate on the date that is five years after the Secretary of Defense establishes the pilot program. (F) Report Not later than 90 days after the termination of the pilot program, the Secretary of Defense and the Secretary of Housing and Urban Development shall submit to Congress a report on the results of the pilot program. (3) Joint grant program (A) In general The Secretary of Defense and Secretary of Housing and Urban Development may jointly operate a grant program through the Office of Local Defense Community Cooperation of the Department of Defense to build housing for members of the Armed Forces and their dependents and for low-income individuals and families. (B) Treatment of household income limits Household income limits for entities eligible to receive a grant under subparagraph (A) shall not differ based on whether a household includes a member of the Armed Forces. (d) Definitions In this section: (1) Eligible entity; landlord The terms eligible entity and landlord have the meanings given such terms in section 2871 of title 10, United States Code. (2) Privatized housing The term privatized housing means housing under subchapter IV of chapter 169 of such title. | https://www.govinfo.gov/content/pkg/BILLS-117s4563is/xml/BILLS-117s4563is.xml |
117-s-4564 | II 117th CONGRESS 2d Session S. 4564 IN THE SENATE OF THE UNITED STATES July 20, 2022 Mr. Warnock (for himself, Mr. Blumenthal , Ms. Cortez Masto , Mrs. Feinstein , Mr. Ossoff , Mr. Bennet , Mr. Tester , Ms. Klobuchar , Mr. Warner , Mr. Merkley , and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To direct the Secretary of Defense to report on the basic allowance for housing for members of the uniformed services.
1. Short title This Act may be cited as the BAH Calculation Improvement Act . 2. Report on basic allowance for housing for members of the uniformed services (a) In general Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the basic allowance for housing for members of the uniformed services. (b) Elements The report required by subsection (a) shall contain the following elements: (1) The evaluation of the Secretary— (A) of the efficiency and accuracy of the current system used to calculate the basic allowance for housing for members of the uniformed services under section 403 of title 37, United States Code; (B) the appropriateness of using mean and median housing costs in such calculation; (C) of existing military housing areas, in relation to choices in, and availability of, housing for members of the uniformed services; and (D) of the suitability of the six standard housing profiles in relation to the average family sizes of members of the uniformed services, disaggregated by uniformed service, rank, and military housing area. (2) The recommendation of the Secretary— (A) regarding the feasibility of including information, furnished by Federal entities, regarding school districts, in calculating the basic allowance for housing; (B) whether to calculate the basic allowance for housing more frequently, including in response to a sudden change in the housing market; (C) whether to enter into an agreement with a commercial entity, to compile data and develop an algorithm, in order to calculate the basic allowance for housing; and (D) whether to publish the methods used by the Secretary to calculate the basic allowance for housing on a publicly accessible website of the Department of Defense. | https://www.govinfo.gov/content/pkg/BILLS-117s4564is/xml/BILLS-117s4564is.xml |
117-s-4565 | II 117th CONGRESS 2d Session S. 4565 IN THE SENATE OF THE UNITED STATES July 20, 2022 Mr. Boozman (for himself and Mr. Heinrich ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to repeal the copayment requirement for recipients of Department of Veterans Affairs payments or allowances for beneficiary travel, and for other purposes.
1. Repeal of copayment requirement for recipients of Department of Veterans Affairs payments or allowances for beneficiary travel Section 111 of title 38, United States Code, is amended— (1) by striking subsection (c); (2) by redesignating subsections (d) through (g) as subsections (c) through (f), respectively; and (3) in subsection (b)(1), in the matter before subparagraph (A), by striking Except as provided in subsection (c) of this section and notwithstanding subsection (g)(2) of this section and inserting Notwithstanding subsection (f)(2) . | https://www.govinfo.gov/content/pkg/BILLS-117s4565is/xml/BILLS-117s4565is.xml |
117-s-4566 | II 117th CONGRESS 2d Session S. 4566 IN THE SENATE OF THE UNITED STATES July 20, 2022 Ms. Cortez Masto (for herself and Mr. Luján ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Energy Independence and Security Act of 2007 to establish a regional clean energy innovation program, and for other purposes.
1. Short title This Act may be cited as the Regional Clean Energy Innovation Act of 2022 . 2. Regional Clean Energy Innovation Program (a) In general Subtitle C of title IX of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17371 et seq. ) is amended by adding at the end the following: 936. Regional Clean Energy Innovation Program (a) Definitions In this section: (1) Covered entity The term covered entity means any of the following: (A) An institution of higher education or a consortium of institutions of higher education. (B) A workforce training provider, including a vocational school and community college. (C) A private sector entity or group of private sector entities, including a trade or industry association. (D) A nonprofit organization. (E) A community group. (F) A labor group. (G) A National Laboratory. (H) A venture development organization. (I) A community development financial institution. (J) A minority depository institution. (K) A worker cooperative membership association. (L) A State or local employee ownership or cooperative development center. (M) An organization focused on clean energy technology innovation or entrepreneurship. (N) A business accelerator or incubator. (O) An economic development organization. (P) A manufacturing facility or organization. (Q) A clean energy incubator or clean energy accelerator. (R) A multi-institutional collaboration of at least 3 institutions. (S) Any other entity that the Secretary determines to be relevant. (2) Eligible entity The term eligible entity means— (A) a partnership of not less than 2 covered entities; and (B) a regional clean energy innovation partnership in existence as of the date of enactment of the Regional Clean Energy Innovation Act of 2022 . (3) Program The term program means the Regional Clean Energy Innovation Program established under subsection (b). (4) Regional clean energy innovation partnership The term regional clean energy innovation partnership means a partnership— (A) among— (i) a government entity, including a unit of State, local, or Tribal government; and (ii) not less than 2 covered entities; and (B) that carries out or coordinates activities or programs that further the purposes of the program described in subsection (c), including the activities described in subsection (f). (b) Establishment The Secretary shall establish a research, development, demonstration, and commercial application program, to be known as the Regional Clean Energy Innovation Program , to enhance the economic, environmental, and energy security of the United States and accelerate the pace of innovation of diverse clean energy technologies through the formation of new, or support of existing, regional clean energy innovation partnerships that— (1) account for the diverse domestic energy resources available in the United States; (2) are responsive to the needs of industry, workforce, policy landscape, and clean energy innovation capabilities of the region served by a regional clean energy innovation partnership; (3) enhance and accelerate clean energy innovation; (4) are located in diverse geographic regions of the United States, including United States territories; and (5) maximize the opportunities for cooperation between institutions of higher education, industry, State and local governments, and nonprofit research institutions with shared areas of energy expertise. (c) Purposes The purposes of the program are— (1) to improve the competitiveness of the United States in clean energy technology research, development, demonstration, and commercial application; and (2) to support the development of clean energy tools and technologies best suited for use in diverse regions of the United States, including in rural, tribal, and low-income communities. (d) Grants (1) In general Under the program, the Secretary shall competitively award grants to— (A) eligible entities described in subsection (a)(2)(A) to establish new regional clean energy innovation partnerships; and (B) eligible entities described in subsection (a)(2)(B) to support ongoing activities of those eligible entities, in accordance with the requirements of the program. (2) Grant amount The amount of a grant awarded to an eligible entity under the program in a calendar year— (A) shall not exceed $10,000,000; and (B) shall be, subject to a waiver by the Secretary, less than the amount of a grant awarded to the eligible entity under the program the previous calendar year, if applicable. (3) Administrative costs The Secretary may allow an eligible entity awarded a grant under the program to allocate a portion of the grant funds for administrative or indirect costs. (4) Non-federal cost share In the case of a grant awarded under the program that has a term of 3 or more years, the Secretary shall require, as a condition of receipt of the grant funds, that the non-Federal share of the cost of activities carried out using the grant funds shall be not less than 50 percent of the cost of the activities during the third, fourth, and fifth year of the grant, as applicable. (5) Duration (A) In general The term of a grant awarded under the program shall not exceed 5 years. (B) Renewal A grant awarded to an eligible entity under the program may be renewed for a period of not more than 5 years, subject to a rigorous merit review based on the progress of the regional clean energy innovation partnership in achieving the purposes of the program described in subsection (c) and the metrics developed under subsection (h)(2). (6) Termination The Secretary may terminate grant funding under the program to an eligible entity during the performance period if the Secretary determines that the applicable regional clean energy innovation partnership is underperforming. (e) Applications (1) In general An eligible entity shall submit to the Secretary an application to receive a grant under the program at such time, in such manner, and containing such information as the Secretary may require, including— (A) a list of members of the proposed or existing regional clean energy innovation partnership, the roles of those members, and any other relevant stakeholders; (B) a description of— (i) the geographical region served, or to be served, by the regional clean energy innovation partnership; (ii) (I) the activities that the proposed or existing regional clean energy innovation partnership intends to undertake; and (II) the manner in which those activities will achieve the purposes of the program described in subsection (c) and the proposed outcomes described in clause (iii); and (iii) the proposed outcomes of the regional clean energy innovation partnership; (C) an assessment of— (i) the relevant clean energy innovation assets needed in the geographical region identified under subparagraph (B)(i) to achieve the proposed outcomes described in subparagraph (B)(iii), such as education and training programs, research facilities, infrastructure or site development, access to capital, manufacturing capabilities, or other assets; and (ii) the clean energy resource potential of that geographical region; (D) a plan for attracting additional funds, including identification of non-Federal funding sources, to deliver the proposed outcomes described in subparagraph (B)(iii); (E) a plan for partnering and collaborating with community development financial institutions, minority depository institutions, labor and community groups, worker cooperative membership associations, local and State employee ownership and cooperative development centers, and other local institutions— (i) to promote employee, community, and public ownership in the clean energy sector; and (ii) to advance models of local economic development that build and retain wealth in the region; (F) a plan for sustaining the activities of the regional clean energy innovation partnership after funds received under the program have been expended; and (G) a proposed budget, including financial contributions from non-Federal sources. (2) Selection considerations In awarding grants under the program, the Secretary shall, to the maximum extent practicable— (A) give special consideration to applications from eligible entities located in rural, tribal, and low-income communities; and (B) ensure geographic diversity among the eligible entities awarded grants. (f) Permissible activities Activities that may be carried out by a regional clean energy innovation partnership established or supported using a grant awarded under the program shall include— (1) facilitating the commercial application of clean energy products, processes, and services, including through research, development, demonstration, or technology transfer; (2) improving strategic and cost-effective coordination among the partners of the regional clean energy innovation partnership; (3) improving stakeholder involvement in developing the goals and activities of the regional clean energy innovation partnership; (4) assessing different incentive mechanisms for clean energy development and commercial application in the region served by the regional clean energy innovation partnership; (5) hosting events and conferences; (6) establishing and updating roadmaps to measure progress on relevant goals, including goals relevant to metrics developed under subsection (h)(2); and (7) any other activity determined appropriate by the Secretary to achieve the purposes of the program described in subsection (c). (g) Planning awards The Secretary may competitively award grants to a covered entity or a government entity, including a State, local, or tribal government, or unit of such government, in an amount not greater than $2,000,000, for a term of not more than 2 years, to conduct planning for the purpose of establishing a regional clean energy innovation partnership. (h) Administration (1) Best practices As part of the program, the Secretary shall support the gathering, analysis, and dissemination of information on best practices for developing and operating successful regional clean energy innovation partnerships. (2) Metrics The Secretary shall collaborate with program evaluation experts to develop and make publicly available metrics by which to measure the progress of a regional clean energy innovation partnership in achieving the purposes of the program described in subsection (c), including, as a result of activities carried out under the regional clean energy innovation partnership— (A) the number and quality of— (i) new clean energy companies created in the region, including clean energy companies created or preserved through employee ownership and cooperative development; (ii) new or expanded workforce development or training programs in the region; and (iii) support services provided to clean energy technology developers in the region; (B) changes in clean energy employment in the region; (C) the amount of capital investment in clean energy companies in the region; and (D) the completion of new or updated clean energy resource assessments in the region. (3) Coordination In carrying out the program, the Secretary shall coordinate with, and avoid unnecessary duplication of— (A) activities under other research entities of the Department, including the National Laboratories, the Office of Science, the Advanced Research Projects Agency—Energy, the Office of Technology Transitions, Energy Innovation Hubs, and Energy Frontier Research Centers; and (B) relevant programs at other Federal agencies, including— (i) programs under the Office of Innovation and Entrepreneurship of the Economic Development Administration; (ii) the regional innovation program established under section 27 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3722 ); (iii) the Hollings Manufacturing Extension Partnership established under section 25 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278k ); (iv) the Manufacturing USA Program established under section 34 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278s ); (v) the Defense Manufacturing Community Support Program established under section 846 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( 10 U.S.C. 2501 note; Public Law 115–232 ); (vi) the Office of Economic Adjustment of the Department of Defense; (vii) programs under the rural development mission area of the Department of Agriculture; and (viii) programs under the energy and mineral resources mission area of the Department of the Interior. (4) Conflicts of interest In carrying out the program, the Secretary shall maintain conflict of interest procedures consistent with the conflict of interest procedures of the Department. (i) Reports and plan (1) Annual Report As part of the annual budget of the Department submitted to Congress for a fiscal year, the Secretary shall annually submit to Congress a report that describes the activities carried out by each regional clean energy innovation partnership established or supported using grants awarded under the program during the fiscal year covered by the report. (2) Strategic Plan Not later than 1 year after the date of enactment of the Regional Clean Energy Innovation Act of 2022 , and not less frequently than once every 5 years thereafter, the Secretary shall submit to Congress a 5-year strategic plan describing how the Secretary shall utilize regional clean energy innovation partnerships to deploy clean energy technologies. (3) Evaluation by Comptroller General Not later than 3 years after the date of enactment of the Regional Clean Energy Innovation Act of 2022 , and every 3 years thereafter, the Comptroller General of the United States shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an evaluation of the operation of the program during the most recent 3-year period, including— (A) an assessment of the progress made in achieving the purposes described in subsection (c) based on the metrics developed under subsection (h)(2); (B) the short-term and long-term metrics used to determine the success of the program under subsection (h)(2), and any recommended changes to those metrics; (C) the regional clean energy innovation partnerships established or supported by grants received under the program; and (D) any recommendations for improvement to the program. (j) Security In carrying out this section, the Secretary shall ensure that proper security controls are in place to protect sensitive information, as appropriate. (k) Funding (1) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2022 through 2026. (2) Additional funding The Secretary may accept funds from other Federal agencies to support funding and activities under the program. (3) No funds for construction None of the funds made available to carry out the program may be used for construction. . (b) Clerical amendment The table of contents in section 1(b) of the Energy Independence and Security Act of 2007 ( Public Law 110–140 ; 121 Stat. 1497) is amended by adding at the end of the items relating to subtitle C of title IX the following: Sec. 936. Regional Clean Energy Innovation Program. . | https://www.govinfo.gov/content/pkg/BILLS-117s4566is/xml/BILLS-117s4566is.xml |
117-s-4567 | II 117th CONGRESS 2d Session S. 4567 IN THE SENATE OF THE UNITED STATES July 20, 2022 Mr. Cramer (for himself and Mr. Hickenlooper ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to eliminate the per-country numerical limitation for employment-based immigrants, to increase the per-country numerical limitation for family-sponsored immigrants, and for other purposes.
1. Short title This Act may be cited as the Equal Access to Green cards for Legal Employment Act of 2022 or the EAGLE Act of 2022 . 2. Numerical limitation to any single foreign state (a) In general Section 202(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1152(a)(2) ) is amended to read as follows: (2) Per country levels for family-sponsored immigrants Subject to paragraphs (3) and (4), the total number of immigrant visas made available to natives of any single foreign state or dependent area under section 203(a) in any fiscal year may not exceed 15 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such section in that fiscal year. . (b) Conforming amendments Section 202 of such Act ( 8 U.S.C. 1152 ) is amended— (1) in subsection (a)— (A) in paragraph (3), by striking both subsections (a) and (b) of section 203 and inserting section 203(a) ; and (B) by striking paragraph (5); and (2) by amending subsection (e) to read as follows: (e) Special rules for countries at ceiling If the total number of immigrant visas made available under section 203(a) to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, immigrant visas shall be allotted to such natives under section 203(a) (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that, except as provided in subsection (a)(4), the proportion of the visas made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total visas made available under the respective paragraph to the total visas made available under section 203(a). . (c) Country-Specific offset Section 2 of the Chinese Student Protection Act of 1992 ( Public Law 102–404 ; 8 U.S.C. 1255 note) is amended— (1) in subsection (a), by striking (as defined in subsection (e)) ; (2) by striking subsection (d); and (3) by redesignating subsection (e) as subsection (d). (d) Application The amendments made by this section shall apply beginning on the date that is the first day of the second fiscal year beginning after the date of the enactment of this Act. (e) Transition rules for employment-Based immigrants Notwithstanding title II of the Immigration and Nationality Act ( 8 U.S.C. 1151 et seq. ), the following transition rules shall apply to employment-based immigrants, beginning on the date referred to in subsection (d): (1) Reserved visas for lower admission states (A) In general For the first nine fiscal years after the date referred to in subsection (d), immigrant visas under each of paragraphs (2) and (3) of section 203(b) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b) ) shall be reserved and allocated to immigrants who are natives of a foreign state or dependent area that is not one of the two foreign states or dependent areas with the highest demand for immigrant visas as follows: (i) For the first fiscal year after such date, 30 percent of such visas. (ii) For the second fiscal year after such date, 25 percent of such visas. (iii) For the third fiscal year after such date, 20 percent of such visas. (iv) For the fourth fiscal year after such date, 15 percent of such visas. (v) For the fifth and sixth fiscal years after such date, 10 percent of such visas. (vi) For the seventh, eighth, and ninth fiscal years after such date, 5 percent of such visas. (B) Additional reserved visas for new arrivals For each of the first nine fiscal years after the date referred to in subsection (d), an additional 5.75 percent of the immigrant visas made available under each of paragraphs (2) and (3) of section 203(b) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b) ) shall be allocated to immigrants who are natives of a foreign state or dependent area that is not one of the two foreign states or dependent areas with the highest demand for immigrant visas. Such additional visas shall be allocated in the following order of priority: (i) Family members accompanying or following to join Visas reserved under this subparagraph shall be allocated to family members described in section 203(d) of the Immigration and Nationality Act ( 8 U.S.C. 1153(d) ) who are accompanying or following to join a principal beneficiary who is in the United States and has been granted an immigrant visa or adjustment of status to lawful permanent residence under paragraph (2) or (3) of section 203(b) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b) ). (ii) New principal arrivals If at the end of the second quarter of any fiscal year, the total number of visas reserved under this subparagraph exceeds the number of qualified immigrants described in clause (i), such visas may also be allocated, for the remainder of the fiscal year, to individuals (and their family members described in section 203(d) of the Immigration and Nationality Act ( 8 U.S.C. 1153(d) )) who are seeking an immigrant visa under paragraph (2) or (3) of section 203(b) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b) ) to enter the United States as new immigrants, and who have not resided or worked in the United States at any point in the four-year period immediately preceding the filing of the immigrant visa petition. (iii) Other new arrivals If at the end of the third quarter of any fiscal year, the total number of visas reserved under this subparagraph exceeds the number of qualified immigrants described in clauses (i) and (ii), such visas may be also be allocated, for the remainder of the fiscal year, to other individuals (and their family members described in section 203(d) of the Immigration and Nationality Act ( 8 U.S.C. 1153(d) )) who are seeking an immigrant visa under paragraph (2) or (3) of section 203(b) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b) ). (2) Reserved visas for shortage occupations (A) In general For each of the first seven fiscal years after the date referred to in subsection (d), not fewer than 4,400 of the immigrant visas made available under section 203(b)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(3) ), and not reserved under paragraph (1), shall be allocated to immigrants who are seeking admission to the United States to work in an occupation described in section 656.5(a) of title 20, Code of Federal Regulations (or any successor regulation). (B) Family members Family members who are accompanying or following to join a principal beneficiary described in subparagraph (A) shall be entitled to a visa in the same status and in the same order of consideration as such principal beneficiary, but such visa shall not be counted against the 4,400 immigrant visas reserved under such subparagraph. (3) Per-country levels For each of the first nine fiscal years after the date referred to in subsection (d)— (A) not more than 25 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of visas reserved under paragraph (1) shall be allocated to immigrants who are natives of any single foreign state or dependent area; and (B) not more than 85 percent of the immigrant visas made available under each of paragraphs (2) and (3) of section 203(b) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b) ) and not reserved under paragraph (1), may be allocated to immigrants who are native to any single foreign state or dependent area. (4) Special rule to prevent unused visas If, at the end of the third quarter of any fiscal year, the Secretary of State determines that the application of paragraphs (1) through (3) would result in visas made available under paragraph (2) or (3) of section 203(b) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b) ) going unused in that fiscal year, such visas may be allocated during the remainder of such fiscal year without regard to paragraphs (1) through (3). (5) Rules for chargeability and dependents Section 202(b) of the Immigration and Nationality Act ( 8 U.S.C. 1152(b) ) shall apply in determining the foreign state to which an alien is chargeable, and section 203(d) of such Act ( 8 U.S.C. 1153(d) ) shall apply in allocating immigrant visas to family members, for purposes of this subsection. (6) Determination of two foreign states or dependent areas with highest demand The two foreign states or dependent areas with the highest demand for immigrant visas, as referred to in this subsection, are the two foreign states or dependent areas with the largest aggregate number beneficiaries of petitions for an immigrant visa under section 203(b) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b) ) that have been approved, but where an immigrant visa is not yet available, as determined by the Secretary of State, in consultation with the Secretary of Homeland Security. 3. Posting available positions through the Department of Labor (a) Department of Labor website Section 212(n) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n) ) is amended by adding at the end the following: (6) For purposes of complying with paragraph (1)(C): (A) Not later than 180 days after the date of the enactment of the , the Secretary of Labor shall establish a searchable internet website for posting positions in accordance with paragraph (1)(C) that is available to the public without charge, except that the Secretary may delay the launch of such website for a single period identified by the Secretary by notice in the Federal Register that shall not exceed 30 days. (B) The Secretary may work with private companies or nonprofit organizations to develop and operate the internet website described in subparagraph (A). (C) The Secretary shall promulgate rules, after notice and a period for comment, to carry out this paragraph. . (b) Publication requirement The Secretary of Labor shall submit to Congress, and publish in the Federal Register and in other appropriate media, a notice of the date on which the internet website required under section 212(n)(6) of the Immigration and Nationality Act, as established by subsection (a), will be operational. (c) Application The amendment made by subsection (a) shall apply beginning on the date that is 90 days after the date described in subsection (b). (d) Internet posting requirement Section 212(n)(1)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(1)(C) ) is amended— (1) by redesignating clause (ii) as subclause (II); (2) by striking (i) has provided and inserting the following: (ii) (I) has provided ; and (3) by inserting before clause (ii), as redesignated by paragraph (2), the following: (i) except in the case of an employer filing a petition on behalf of an H–1B nonimmigrant who has already been counted against the numerical limitations and is not eligible for a full 6-year period, as described in section 214(g)(7), or on behalf of an H–1B nonimmigrant authorized to accept employment under section 214(n), has posted on the internet website described in paragraph (6), for at least 30 calendar days, a description of each position for which a nonimmigrant is sought, that includes— (I) the occupational classification, and if different the employer’s job title for the position, in which each nonimmigrant will be employed; (II) the education, training, or experience qualifications for the position; (III) the salary or wage range and employee benefits offered; (IV) each location at which a nonimmigrant will be employed; and (V) the process for applying for a position; and . 4. H–1B employer petition requirements (a) Wage determination information Section 212(n)(1)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(1)(D) ) is amended by inserting the prevailing wage determination methodology used under subparagraph (A)(i)(II), after shall contain . (b) New application requirements Section 212(n)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(1) ) is amended by inserting after subparagraph (G) the following: (H) (i) The employer, or a person or entity acting on the employer’s behalf, has not advertised any available position specified in the application in an advertisement that states or indicates that— (I) such position is only available to an individual who is or will be an H–1B nonimmigrant; or (II) an individual who is or will be an H–1B nonimmigrant shall receive priority or a preference in the hiring process for such position. (ii) The employer has not primarily recruited individuals who are or who will be H–1B nonimmigrants to fill such position. (I) If the employer, in a previous period specified by the Secretary, employed one or more H–1B nonimmigrants, the employer shall submit to the Secretary the Internal Revenue Service Form W–2 Wage and Tax Statements filed by the employer with respect to the H–1B nonimmigrants for such period. . (c) Additional requirement for new H–1B petitions (1) In general Section 212(n)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(1) ), as amended by subsection (b), is further amended by inserting after subparagraph (I), the following: (J) (i) If the employer employs 50 or more employees in the United States, the sum of the number of such employees who are H–1B nonimmigrants plus the number of such employees who are nonimmigrants described in section 101(a)(15)(L) does not exceed 50 percent of the total number of employees. (ii) Any group treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of the Internal Revenue Code of 1986 shall be treated as a single employer for purposes of clause (i). . (2) Rule of construction Nothing in subparagraph (J) of section 212(n)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(1) ), as added by paragraph (1), may be construed to prohibit renewal applications or change of employer applications for H–1B nonimmigrants employed by an employer on the date of the enactment of this Act. (3) Application The amendment made by this subsection shall apply with respect to an employer commencing on the date that is 180 days after the date of the enactment of this Act. (d) Labor condition application fee Section 212(n) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n) ), as amended by section 3(a), is further amended by adding at the end the following: (7) (A) The Secretary of Labor shall promulgate a regulation that requires applicants under this subsection to pay an administrative fee to cover the average paperwork processing costs and other administrative costs. (B) (i) Fees collected under this paragraph shall be deposited as offsetting receipts within the general fund of the Treasury in a separate account, which shall be known as the H–1B Administration, Oversight, Investigation, and Enforcement Account and shall remain available until expended. (ii) The Secretary of the Treasury shall refund amounts in such account to the Secretary of Labor for salaries and related expenses associated with the administration, oversight, investigation, and enforcement of the H–1B nonimmigrant visa program. . (e) Elimination of B–1 in lieu of H–1 Section 214(g) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g) ) is amended by adding at the end the following: (12) (A) Unless otherwise authorized by law, an alien normally classifiable under section 101(a)(15)(H)(i) who seeks admission to the United States to provide services in a specialty occupation described in paragraph (1) or (3) of subsection (i) may not be issued a visa or admitted under section 101(a)(15)(B) for such purpose. (B) Nothing in this paragraph may be construed to authorize the admission of an alien under section 101(a)(15)(B) who is coming to the United States for the purpose of performing skilled or unskilled labor if such admission is not otherwise authorized by law. . (f) Ending media abuse of H–1B Section 214(g) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g) ), as amended by subsection (e), is further amended by adding at the end the following: (13) An alien normally classifiable under section 101(a)(15)(I) who seeks admission to the United States solely as a representative of the foreign press, radio, film, or other foreign information media, may not be issued a visa or admitted under section 101(a)(15)(H)(i) to engage in such vocation. . 5. Investigation and disposition of complaints against H–1B employers (a) Investigation, working conditions, and penalties Section 212(n)(2)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(2)(C) ) is amended by striking clause (iv) and inserting the following: (iv) (I) An employer that has filed an application under this subsection violates this clause by taking, failing to take, or threatening to take or fail to take a personnel action, or intimidating, threatening, restraining, coercing, blacklisting, discharging, or discriminating in any other manner against an employee because the employee— (aa) disclosed information that the employee reasonably believes evidences a violation of this subsection or any rule or regulation pertaining to this subsection; or (bb) cooperated or sought to cooperate with the requirements under this subsection or any rule or regulation pertaining to this subsection. (II) An employer that violates this clause shall be liable to the employee harmed by such violation for lost wages and benefits. (III) In this clause, the term employee includes— (aa) a current employee; (bb) a former employee; and (cc) an applicant for employment. . (b) Information sharing Section 212(n)(2)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(2)(H) ) is amended to read as follows: (H) (i) The Director of U.S. Citizenship and Immigration Services shall provide the Secretary of Labor with any information contained in the materials submitted by employers of H–1B nonimmigrants as part of the petition adjudication process that indicates that the employer is not complying with visa program requirements for H–1B nonimmigrants. (ii) The Secretary may initiate and conduct an investigation and hearing under this paragraph after receiving information of noncompliance under this subparagraph. . 6. Labor condition applications (a) Application review requirements Section 212(n)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(1) ) is amended, in the undesignated matter following subparagraph (I), as added by section 4(b)— (1) in the fourth sentence, by inserting , and through the internet website of the Department of Labor, without charge. after Washington, D.C. ; (2) in the fifth sentence, by striking only for completeness and inserting for completeness, clear indicators of fraud or misrepresentation of material fact, ; (3) in the sixth sentence, by striking or obviously inaccurate and inserting , presents clear indicators of fraud or misrepresentation of material fact, or is obviously inaccurate ; and (4) by adding at the end the following: If the Secretary’s review of an application identifies clear indicators of fraud or misrepresentation of material fact, the Secretary may conduct an investigation and hearing in accordance with paragraph (2). . (b) Ensuring prevailing wages are for area of employment and actual wages are for similarly employed Section 212(n)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(1)(A) ) is amended— (1) in clause (i), in the undesignated matter following subclause (II), by striking and at the end; (2) in clause (ii), by striking the period at the end and inserting , and ; and (3) by adding at the end the following: (iii) will ensure that— (I) the actual wages or range identified in clause (i) relate solely to employees having substantially the same duties and responsibilities as the H–1B nonimmigrant in the geographical area of intended employment, considering experience, qualifications, education, job responsibility and function, specialized knowledge, and other legitimate business factors, except in a geographical area there are no such employees, and (II) the prevailing wages identified in clause (ii) reflect the best available information for the geographical area within normal commuting distance of the actual address of employment at which the H–1B nonimmigrant is or will be employed. . (c) Procedures for investigation and disposition Section 212(n)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(2)(A) ) is amended— (1) by striking (2)(A) Subject and inserting (2)(A)(i) Subject ; (2) by striking the fourth sentence; and (3) by adding at the end the following: (ii) (I) Upon receipt of a complaint under clause (i), the Secretary may initiate an investigation to determine whether such a failure or misrepresentation has occurred. (II) The Secretary may conduct— (aa) surveys of the degree to which employers comply with the requirements under this subsection; and (bb) subject to subclause (IV), annual compliance audits of any employer that employs H–1B nonimmigrants during the applicable calendar year. (III) Subject to subclause (IV), the Secretary shall— (aa) conduct annual compliance audits of each employer that employs more than 100 full-time equivalent employees who are employed in the United States if more than 15 percent of such full-time employees are H–1B nonimmigrants; and (bb) make available to the public an executive summary or report describing the general findings of the audits conducted under this subclause. (IV) In the case of an employer subject to an annual compliance audit in which there was no finding of a willful failure to meet a condition under subparagraph (C)(ii), no further annual compliance audit shall be conducted with respect to such employer for a period of not less than 4 years, absent evidence of misrepresentation or fraud. . (d) Penalties for violations Section 212(n)(2)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(2)(C) ) is amended— (1) in clause (i)— (A) in the matter preceding subclause (I), by striking a condition of paragraph (1)(B), (1)(E), or (1)(F) and inserting a condition of paragraph (1)(B), (1)(E), (1)(F), (1)(H), or (1)(I) ; and (B) in subclause (I), by striking $1,000 and inserting $3,000 ; (2) in clause (ii)(I), by striking $5,000 and inserting $15,000 ; (3) in clause (iii)(I), by striking $35,000 and inserting $100,000 ; and (4) in clause (vi)(III), by striking $1,000 and inserting $3,000 . (e) Initiation of investigations Section 212(n)(2)(G) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(2)(G) ) is amended— (1) in clause (i), by striking In the case of an investigation in the second sentence and all that follows through the period at the end of the clause; (2) in clause (ii), in the first sentence, by striking and whose identity and all that follows through failure or failures. and inserting the Secretary of Labor may conduct an investigation into the employer’s compliance with the requirements under this subsection. ; (3) in clause (iii), by striking the second sentence; (4) by striking clauses (iv) and (v); (5) by redesignating clauses (vi), (vii), and (viii) as clauses (iv), (v), and (vi), respectively; (6) in clause (iv), as so redesignated— (A) by striking clause (viii) and inserting clause (vi) ; and (B) by striking meet a condition described in clause (ii) and inserting comply with the requirements under this subsection ; (7) by amending clause (v), as so redesignated, to read as follows: (v) (I) The Secretary of Labor shall provide notice to an employer of the intent to conduct an investigation under clause (i) or (ii). (II) The notice shall be provided in such a manner, and shall contain sufficient detail, to permit the employer to respond to the allegations before an investigation is commenced. (III) The Secretary is not required to comply with this clause if the Secretary determines that such compliance would interfere with an effort by the Secretary to investigate or secure compliance by the employer with the requirements of this subsection. (IV) A determination by the Secretary under this clause shall not be subject to judicial review. ; (8) in clause (vi), as so redesignated, by striking An investigation in the first sentence and all that follows through the determination. in the second sentence and inserting If the Secretary of Labor, after an investigation under clause (i) or (ii), determines that a reasonable basis exists to make a finding that the employer has failed to comply with the requirements under this subsection, the Secretary shall provide interested parties with notice of such determination and an opportunity for a hearing in accordance with section 556 of title 5, United States Code, not later than 60 days after the date of such determination. ; and (9) by adding at the end the following: (vii) If the Secretary of Labor, after a hearing, finds that the employer has violated a requirement under this subsection, the Secretary may impose a penalty pursuant to subparagraph (C). . 7. Adjustment of status for employment-based immigrants (a) Adjustment of status for employment-Based immigrants Section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 ) is amended by adding at the end the following: (o) Adjustment of status for employment-Based immigrants (1) In general Notwithstanding subsection (a)(3), an alien (including the alien’s spouse or child, if eligible to receive a visa under section 203(d)), may file an application for adjustment of status if— (A) the alien— (i) is present in the United States pursuant to a lawful admission as a nonimmigrant, other than a nonimmigrant described in subparagraph (B), (C), (D), or (S) of section 101(a)(15), section 212(l), or section 217; and (ii) subject to subsection (k), is not ineligible for adjustment of status under subsection (c); and (B) not less than 2 years have elapsed since the immigrant visa petition filed by or on behalf of the alien under subparagraph (E) or (F) of section 204(a)(1) was approved. (2) Protection for children The child of a principal alien who files an application for adjustment of status under this subsection shall continue to qualify as a child for purposes of the application, regardless of the child’s age or whether the principal alien is deceased at the time an immigrant visa becomes available. (3) Travel and employment authorization (A) Advance parole Applicants for adjustment of status under this subsection shall be eligible for advance parole under the same terms and conditions as applicants for adjustment of status under subsection (a). (B) Employment authorization (i) Principal alien Subject to paragraph (4), a principal applicant for adjustment of status under this subsection shall be eligible for work authorization under the same terms and conditions as applicants for adjustment of status under subsection (a). (ii) Limitations on employment authorization for dependents A dependent alien who was neither authorized to work nor eligible to request work authorization at the time an application for adjustment of status is filed under this subsection shall not be eligible to receive work authorization due to the filing of such application. (4) Conditions on adjustment of status and employment authorization for principal aliens (A) In general During the time an application for adjustment of status under this subsection is pending and until such time an immigrant visa becomes available— (i) the terms and conditions of the alien’s employment, including duties, hours, and compensation, must be commensurate with the terms and conditions applicable to the employer’s similarly situated United States workers in the area of employment, or if the employer does not employ and has not recently employed more than two such workers, the terms and conditions of such employment must be commensurate with the terms and conditions applicable to other similarly situated United States workers in the area of employment; and (ii) consistent with section 204(j), if the alien changes positions or employers, the new position is in the same or a similar occupational classification as the job for which the petition was filed. (B) Special filing procedures An application for adjustment of status filed by a principal alien under this subsection shall be accompanied by— (i) a signed letter from the principal alien’s current or prospective employer attesting that the terms and conditions of the alien’s employment are commensurate with the terms and conditions of employment for similarly situated United States workers in the area of employment; and (ii) other information deemed necessary by the Secretary of Homeland Security to verify compliance with subparagraph (A). (C) Application for employment authorization (i) In general An application for employment authorization filed by a principal applicant for adjustment of status under this subsection shall be accompanied by a Confirmation of Bona Fide Job Offer or Portability (or any form associated with section 204(j)) attesting that— (I) the job offered in the immigrant visa petition remains a bona fide job offer that the alien intends to accept upon approval of the adjustment of status application; or (II) the alien has accepted a new full-time job in the same or a similar occupational classification as the job described in the approved immigrant visa petition. (ii) Validity An employment authorization document issued to a principal alien who has filed an application for adjustment of status under this subsection shall be valid for three years. (iii) Renewal Any request by a principal alien to renew an employment authorization document associated with such alien’s application for adjustment of status filed under this subsection shall be accompanied by the evidence described in subparagraphs (B) and (C)(i). (5) Decision (A) In general An adjustment of status application filed under paragraph (1) may not be approved— (i) until the date on which an immigrant visa becomes available; and (ii) if the principal alien has not, within the preceding 12 months, filed a Confirmation of Bona Fide Job Offer or Portability (or any form associated with section 204(j)). (B) Request for evidence If at the time an immigrant visa becomes available, a Confirmation of Bona Fide Job Offer or Portability (or any form associated with section 204(j)) has not been filed by the principal alien within the preceding 12 months, the Secretary of Homeland Security shall notify the alien and provide instructions for submitting such form. (C) Notice of intent to deny If the most recent Confirmation of Bona Fide Job Offer or Portability (or any form associated with section 204(j)) or any prior form indicates a lack of compliance with paragraph (4)(A), the Secretary of Homeland Security shall issue a notice of intent to deny the application for adjustment of status and provide the alien the opportunity to submit evidence of compliance. (D) Denial An application for adjustment of status under this subsection may be denied if the alien fails to— (i) timely file a Confirmation of Bona Fide Job Offer or Portability (or any form associated with section 204(j)) in response to a request for evidence issued under subparagraph (B); or (ii) establish, by a preponderance of the evidence, compliance with paragraph (4)(A). (6) Fees (A) In general Notwithstanding any other provision of law, the Secretary of Homeland Security shall charge and collect a fee in the amount of $2,000 to process each Confirmation of Bona Fide Job Offer or Portability (or any form associated with section 204(j)) filed under this subsection. (B) Deposit and use of fees Fees collected under subparagraph (A) shall be deposited and used as follows: (i) Fifty percent of such fees shall be deposited in the Immigration Examinations Fee Account established under section 286(m). (ii) Fifty percent of such fees shall be deposited in the Treasury of the United States as miscellaneous receipts. (7) Application (A) The provisions of this subsection— (i) shall apply beginning on the date that is one year after the date of the enactment of the ; and (ii) except as provided in subparagraph (B), shall cease to apply as of the date that is nine years after the date of the enactment of such Act. (B) This subsection shall continue to apply with respect to any alien who has filed an application for adjustment of status under this subsection any time prior to the date on which this subsection otherwise ceases to apply. (8) Clarifications For purposes of this subsection: (A) The term similarly situated United States workers includes United States workers performing similar duties, subject to similar supervision, and with similar educational backgrounds, industry expertise, employment experience, levels of responsibility, and skill sets as the alien in the same geographic area of employment as the alien. (B) The duties, hours, and compensation of the alien are commensurate with those offered to United States workers in the same area of employment if the employer can demonstrate that the duties, hours, and compensation are consistent with the range of such terms and conditions the employer has offered or would offer to similarly situated United States employees. . (b) Conforming amendment Section 245(k) of the Immigration and Nationality Act ( 8 U.S.C. 1255(k) ) is amended by adding or (n) after pursuant to subsection (a) . | https://www.govinfo.gov/content/pkg/BILLS-117s4567is/xml/BILLS-117s4567is.xml |
117-s-4568 | II 117th CONGRESS 2d Session S. 4568 IN THE SENATE OF THE UNITED STATES July 20, 2022 Mr. Burr (for himself and Mr. Warner ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to promote the increased use of renewable natural gas, to reduce greenhouse gas emissions and other harmful transportation-related emissions that contribute to poor air quality, and to increase job creation and economic opportunity throughout the United States.
1. Short title This Act may be cited as the Renewable Natural Gas Incentive Act of 2022 . 2. Increased credit for renewable natural gas (a) In general Section 6426 of the Internal Revenue Code of 1986 is amended— (1) in subsection (a)(2), by inserting and (k) , and (2) by adding at the end the following new subsection: (k) Renewable natural gas fuel credit (1) In general For purposes of this section, the renewable natural gas fuel credit is the product of $1.00 and the number of gallons of renewable natural gas or gasoline gallon equivalents of a nonliquid renewable natural gas sold by the taxpayer for use as a fuel in a motor vehicle or motorboat, sold by the taxpayer for use as a fuel in aviation, or so used by the taxpayer. (2) Renewable natural gas For purposes of this section, the term renewable natural gas means compressed or liquefied gas derived from biomass (as defined in section 45K(c)(3))— (A) which produced by a person registered under section 4101(a), and (B) with respect to which the producer has made a certification described in paragraph (4). (3) Treatment of blended renewable natural gas (A) In general Under regulations prescribed by the Secretary, a sale of blended renewable natural gas shall be treated as a sale of renewable natural gas fuel if— (i) at the time the renewable natural gas was blended with other compressed or liquefied natural gas, the taxpayer had a contract with the registered producer of such renewable natural gas for the sale of such gas for use as a fuel in a motor vehicle or motorboat, or for use as a fuel in aviation, (ii) such contract was entered into before the sale of the blended renewable natural gas and specifies the number of gallons of renewable natural gas provided for such purposes and the period for which such contract is in effect, and (iii) the registered producer of such fuel provides to the taxpayer the certification described in paragraph (4). (B) Limitation The amount of blended renewable natural gas treated as renewable natural gas under subparagraph (A) for any period shall not exceed the number of gallons of renewable natural gas specified under subparagraph (A)(ii) and certified by the producer under paragraph (4) for such period. (C) Blended renewable natural gas For purposes of this subsection, the term blended renewable natural gas means compressed or liquefied natural gas which consists of both renewable natural gas and other compressed or liquefied natural gas. (4) Certification A certification is described in this subparagraph if such certification— (A) identifies the product produced and the gallon equivalent of fuel acquired by the taxpayer for a purpose described in paragraph (1), and (B) is provided such form and manner as prescribed by the Secretary. (5) Gasoline gallon equivalent For purposes of this subsection, the term gasoline gallon equivalent means, with respect to any nonliquid renewable natural gas, the amount of such fuel having a Btu content of 124,800 (higher heating value). (6) Termination This subsection shall not apply to any sale or use for any period after December 31, 2032. . (b) Application of other rules (1) Registration The last sentence of section 6426(a) of the Internal Revenue Code of 1986 is amended by striking subsections (d) and (e) and inserting subsections (d), (e), and (k) . (2) Denial of double benefit Section 6426(h) of such Code is amended by striking subsection (d) or (e) and inserting subsection (d), (e), or (k) . (3) Fuel must be connected to the United States Section 6426(i) of such Code is amended by inserting after paragraph (2) the following new paragraph: (3) Renewable natural gas No credit shall be determined under this section with respect to any renewable natural gas which is produced outside the United States for use as a fuel outside the United States. . (4) Energy equivalency Section 6426(j) of such Code is amended— (A) by inserting or renewable natural gas, after alternative fuel , and (B) by inserting or gas after such a fuel . (c) Payments (1) In general Section 6427(e) of the Internal Revenue Code of 1986 is amended by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively, and by inserting after paragraph (2) the following new paragraph: (3) Renewable natural gas If any person sells or uses renewable natural gas (as defined in section 6426(k)(2)) for a purpose described in section 6426(k)(1) in such person's trade or business, the Secretary shall pay (without interest) to such person an amount equal to the renewable natural gas fuel credit with respect to such fuel. . (2) Termination Paragraph (7) of section 6427(e) of such Code, as redesignated by paragraph (1), is amended by striking and at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting , and , and by adding at the end the following new subparagraph: (E) any renewable natural gas (as defined in section 6426(k)(2)) sold or used after December 31, 2032. . (3) Conforming amendments (A) Paragraph (4) of section 6427(e) of such Code, as redesignated by paragraph (1), is amended— (i) by striking paragraph (1) or (2) and inserting paragraph (1), (2), or (3) , and (ii) by striking any mixture or alternative fuel and inserting any mixture, alternative fuel, or renewable natural gas . (B) Paragraph (5) of section 6427(e) of such Code, as redesignated by paragraph (1), is amended by striking alternative fuel credit or alternative fuel mixture credit and inserting alternative fuel credit, alternative fuel mixture credit, or renewable natural gas fuel credit . (C) Paragraph (6) of section 6427(e) of such Code, as redesignated by paragraph (1), is amended— (i) by striking paragraph (1) or (2) and inserting paragraph (1), (2), or (3) , and (ii) by striking any mixture or alternative fuel and inserting any mixture, alternative fuel, or renewable natural gas . (d) Registration Section 4101(a) of such Code is amended— (1) by striking and before every person producing second generation biofuel , and (2) by inserting , and every person producing renewable natural gas (as defined in section 6426(k)(2) after (as defined in section 40(b)(6)(E)) . (e) Effective date The amendments made by this section shall apply to fuel sold or used after December 31, 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s4568is/xml/BILLS-117s4568is.xml |
117-s-4569 | II 117th CONGRESS 2d Session S. 4569 IN THE SENATE OF THE UNITED STATES July 20, 2022 Mr. Rubio (for himself, Mrs. Blackburn , and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To prohibit the provision of Federal funds to certain entities subject to sanctions imposed by the United States.
1. Short title This Act may be cited as the Turn Off Federal Funding of Threatening Entities that Thwart American Prosperity Act or the Turn OFF THE TAP Act . 2. Prohibition on providing Federal funds to certain entities subject to sanctions imposed by the United States (a) Prohibition on Federal contracts The head of an executive agency may not enter into, renew, or extend a contract with a covered entity. (b) Prohibition on provision of Federal funds No amounts provided by the Federal Government to any entity may be used by that entity to purchase goods or services from, invest in, enter into contract with, or otherwise provide funding to a covered entity. (c) Definitions In this section: (1) Covered entity The term covered entity means any of the following: (A) An entity 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 referred to as the SDN list ). (B) An entity on the Non-SDN Chinese Military-Industrial Complex Companies List— (i) established pursuant to Executive Order 13959 ( 50 U.S.C. 1701 note; relating to addressing the threat from securities investments that finance Communist Chinese military companies), as amended before, on, or after the date of the enactment of this Act; and (ii) maintained by the Office of Foreign Assets Control. (C) A Chinese military company on the list required by section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 113 note). (D) An entity on the Entity List maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations. (E) An entity that produces equipment or services on the list of communications equipment and services that pose an unacceptable risk to the national security of the United States or the security and safety of United States persons maintained by the Federal Communications Commission under section 2 of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1601 ). (F) Any entity that is owned or controlled by, or under common ownership or control with, an entity described in any of subparagraphs (A) through (E). (2) Executive agency The term executive agency has the meaning given the term in section 133 of title 41, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s4569is/xml/BILLS-117s4569is.xml |
117-s-4570 | II 117th CONGRESS 2d Session S. 4570 IN THE SENATE OF THE UNITED STATES July 20, 2022 Ms. Ernst (for herself, Mr. Tillis , Mr. Lankford , and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prohibit the intentional hindering of immigration, border, and customs controls, and for other purposes.
1. Short title This Act may be cited as the Transnational Criminal Organization Illicit Spotter Prevention and Elimination Act . 2. Unlawfully hindering immigration, border, and customs controls (a) Enhanced penalties (1) In general Chapter 9 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1351 et seq. ) is amended by adding at the end the following: 295. Unlawfully hindering immigration, border, and customs controls (a) Illicit spotting Any person who knowingly transmits, by any means, to another person the location, movement, or activities of any Federal, State, local, or tribal law enforcement agency with the intent to further a Federal crime relating to United States immigration, customs, controlled substances, agriculture, monetary instruments, or other border controls shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both. (b) Destruction of United States border controls Any person who knowingly and without lawful authorization destroys, alters, or damages any fence, barrier, sensor, camera, or other physical or electronic device deployed by the Federal Government to control the border or a port of entry or otherwise seeks to construct, excavate, or make any structure intended to defeat, circumvent, or evade any such fence, barrier, sensor camera, or other physical or electronic device deployed by the Federal Government to control the border or a port of entry— (1) shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both; and (2) if, at the time of the offense, the person uses or carries a firearm or who, in furtherance of any such crime, possesses a firearm, that person shall be fined under such title 18, imprisoned not more than 20 years, or both. (c) Conspiracy and attempt Any person who attempts or conspires to violate subsection (a) or (b) shall be punished in the same manner as a person who completes a violation of such subsection. . (2) Clerical amendment The table of contents in the first section of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended by inserting after the item relating to section 294 the following: Sec. 295. Unlawfully hindering immigration, border, and customs controls. . (b) Prohibiting carrying or use of a firearm during and in relation to an alien smuggling crime Section 924(c) of title 18, United States Code, is amended— (1) by striking For purposes of this subsection, each place such phrase appears; (2) in paragraph (1)— (A) in subparagraph (A), by inserting , alien smuggling crime, after crime of violence each place that term appears; and (B) in subparagraph (D)(ii), by inserting , alien smuggling crime, after crime of violence ; (3) in paragraph (3), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margins accordingly; (4) by redesignating paragraphs (2), (3), and (4) as subparagraphs (D), (C), and (B), respectively, and adjusting the margins accordingly; (5) by moving subparagraph (B), as redesignated, so as to appear before subparagraph (C), as redesignated; (6) by moving subparagraph (D), as redesignated, so as to appear after subparagraph (C), as redesignated; (7) by redesignating paragraph (5) as paragraph (2) and moving the redesignated paragraph so as to appear after paragraph (1); (8) by inserting after paragraph (2), as redesignated and moved, the following: (3) As used in this subsection— (A) the term alien smuggling crime means any felony punishable under section 274(a), 277, or 278 of the Immigration and Nationality Act ( 8 U.S.C. 1324(a) , 1327, and 1328); ; and (9) in paragraph (3), as redesignated— (A) in subparagraph (B), as redesignated, by striking the period at the end and inserting a semicolon; and (B) in subparagraph (C)(ii), as redesignated, by striking the period at the end and inserting ; and . (c) Conforming amendments (1) Bankruptcy code Section 707(c)(1)(B) of title 11, United States Code, is amended by striking section 924(c)(2) and inserting section 924(c)(3)(D) . (2) Criminal code Title 18, United States Code, is amended— (A) in section 844(o)— (i) by striking section 924(c)(3) and inserting section 924(c)(3)(C) ; and (ii) by striking section 924(c)(2) and inserting section 924(c)(3)(D) ; (B) in section 1028(b)(3)(B), by striking section 924(c)(3) and inserting section 924(c)(3)(C) ; and (C) in section 4042(b)(3)— (i) in subparagraph (A), by striking section 924(c)(2) and inserting section 924(c)(3)(D) ; and (ii) in subparagraph (B), by striking section 924(c)(3) and inserting section 924(c)(3)(C) . (3) Prisons Section 3(1) of the Interstate Transportation of Dangerous Criminals Act of 2000 ( 42 U.S.C. 13726a(1) ) is amended by striking section 924(c)(3) and inserting section 924(c)(3)(C) . (d) Statute of limitations Section 3298 of title 18, United States Code, is amended— (1) by inserting or 295 after 274(a) ; and (2) by inserting ( 8 U.S.C. 1324(a) and 1363b) after Immigration and Nationality Act . | https://www.govinfo.gov/content/pkg/BILLS-117s4570is/xml/BILLS-117s4570is.xml |
117-s-4571 | II 117th CONGRESS 2d Session S. 4571 IN THE SENATE OF THE UNITED STATES July 20, 2022 Mr. Lee (for himself and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To reaffirm that the President of the United States lacks the authority to stop oil and gas leasing on Federal public land.
1. Onshore oil and gas lease sales (a) Quarterly onshore oil and gas lease sales Notwithstanding any other provision of law, the President may not pause, or otherwise prevent from occurring, quarterly onshore oil and gas lease sales as required by section 17(b)(1)(A) of the Mineral Leasing Act ( 30 U.S.C. 226(b)(1)(A) ). (b) Replacement oil and gas lease sales If, for any reason, an oil and gas lease sale conducted under section 17 of the Mineral Leasing Act ( 30 U.S.C. 226 ) for a calendar year is canceled, delayed, or deferred or is paused due to section 208 of Executive Order 14008 ( 42 U.S.C. 4321 note; relating to tackling the climate crisis at home and abroad), the Secretary shall conduct a replacement sale by not later than 2 calendar years after the date of the cancellation, delay, deferral, or pause, as applicable. | https://www.govinfo.gov/content/pkg/BILLS-117s4571is/xml/BILLS-117s4571is.xml |
117-s-4572 | II 117th CONGRESS 2d Session S. 4572 IN THE SENATE OF THE UNITED STATES July 20, 2022 Mr. Peters (for himself and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require U.S. Customs and Border Protection to expand the use of non-intrusive inspection systems at land ports of entry.
1. Short title This Act may be cited as the Non-Intrusive Inspection Expansion Act . 2. Sense of Congress It is the sense of Congress that— (1) non-intrusive inspections systems are an important tool to increase U.S. Customs and Border Protection’s ability to detect and interdict illicit and unclaimed goods while securely and efficiently facilitating the flow of trade and travel entering the United States at land ports of entry; (2) it is in the interest of United States trade and border security to develop the capacity to increase to 100 percent the rate of scanning of passenger and commercial vehicles entering the United States at land ports of entry; (3) U.S. Customs and Border Protection should actively implement plans to increase the rate of scanning of passenger and commercial vehicles entering the United States at land ports of entry towards 100 percent, consistent with the Securing America's Ports Act ( Public Law 116–299 ; 6 U.S.C. 211 note); and (4) U.S. Customs and Border Protection should use past and future congressional appropriations for non-intrusive inspection systems to incrementally increase the rate of scanning of passenger and commercial vehicles entering the United States at land ports of entry and to ensure adequate staffing and other resources so as to support the full use of such systems and adjudication of scans. 3. Use of non-intrusive inspection systems at land ports of entry (a) Fiscal year 2024 Using non-intrusive inspection systems acquired through previous appropriations Acts, beginning not later than September 30, 2024, U.S. Customs and Border Protection shall use non-intrusive inspection systems at land ports of entry to scan not fewer than— (1) 40 percent, cumulatively, of passenger vehicles entering the United States through land ports of entry; and (2) 90 percent, cumulatively, of commercial vehicles entering the United States through land ports of entry. (b) Subsequent fiscal years Following fiscal year 2024, U.S. Customs and Border Protection shall use non-intrusive inspection systems at land ports of entry to reach the next projected benchmark for incremental scanning of passenger and commercial vehicles entering the United States at such ports of entry. 4. Briefing Not later than May 30, 2024, U.S. Customs and Border Protection shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives regarding the progress made during the first half of fiscal year 2024 in achieving the scanning benchmarks referred to in that section. 5. Report If the requirements described in section 3(a) are not met in fiscal year 2024, not later than 120 days after the end of that fiscal year, the Commissioner of U.S. Customs and Border Protection shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that— (1) analyzes the causes for not meeting such requirements and identifies any resource gaps and challenges; and (2) details the steps that will be taken to ensure compliance with such requirements in the subsequent fiscal year. | https://www.govinfo.gov/content/pkg/BILLS-117s4572is/xml/BILLS-117s4572is.xml |
117-s-4573 | II 117th CONGRESS 2d Session S. 4573 IN THE SENATE OF THE UNITED STATES July 20, 2022 Ms. Collins (for herself, Mr. Manchin , Mr. Portman , Ms. Sinema , Mr. Romney , Mrs. Shaheen , Ms. Murkowski , Mr. Warner , Mr. Tillis , Mr. Murphy , Mrs. Capito , Mr. Cardin , Mr. Young , Mr. Coons , Mr. Sasse , and Mr. Graham ) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To amend title 3, United States Code, to reform the Electoral Count Act, and to amend the Presidential Transition Act of 1963 to provide clear guidelines for when and to whom resources are provided by the Administrator of General Services for use in connection with the preparations for the assumption of official duties as President or Vice President.
1. Short title, etc (a) Short title This Act may be cited as the Electoral Count Reform and Presidential Transition Improvement Act of 2022 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title, etc. TITLE I—Electoral Count Reform Act Sec. 101. Short title. Sec. 102. Time for appointing electors. Sec. 103. Clarification with respect to vacancies in electoral college. Sec. 104. Certificate of ascertainment of appointment of electors. Sec. 105. Duties of the Archivist. Sec. 106. Meeting of electors. Sec. 107. Transmission of certificates of votes. Sec. 108. Failure of certificate of votes to reach recipients. Sec. 109. Clarifications relating to counting electoral votes. Sec. 110. Rules relating to joint meeting. Sec. 111. Severability. TITLE II—Presidential Transition Improvement Act Sec. 201. Short title. Sec. 202. Modifications to Presidential Transition Act of 1963. I Electoral Count Reform Act 101. Short title This title may be cited as the Electoral Count Reform Act of 2022 . 102. Time for appointing electors (a) In general Title 3, United States Code, is amended by striking sections 1 and 2 and inserting the following: 1. Time of appointing electors The electors of President and Vice President shall be appointed, in each State, on election day, in accordance with the laws of the State enacted prior to election day. . (b) Election day Section 21 of title 3, United States Code, is amended by redesignating subsections (a) and (b) as paragraphs (2) and (3), respectively, and by inserting before paragraph (2) (as so redesignated) the following: (1) election day means the Tuesday next after the first Monday in November, in every fourth year succeeding every election of a President and Vice President held in each State, except, in the case of a State that appoints electors by popular vote, if the State modifies the period of voting as necessitated by extraordinary and catastrophic events as provided under laws of the State enacted prior to such day, election day shall include the modified period of voting. . (c) Conforming amendment The table of contents for chapter 1 of title 3, United States Code, is amended by striking the item relating to section 1 and inserting the following: 1. Time of appointing electors. . 103. Clarification with respect to vacancies in electoral college Section 4 of title 3, United States Code, is amended by inserting enacted prior to election day after by law . 104. Certificate of ascertainment of appointment of electors (a) Determination Section 5 of title 3, United States Code, is amended to read as follows: 5. Certificate of ascertainment of appointment of electors (a) In general (1) Certification Not later than the date that is 6 days before the time fixed for the meeting of the electors, the executive of each State shall issue a certificate of ascertainment of appointment of electors, under and in pursuance of the laws of such State providing for such appointment and ascertainment enacted prior to election day. (2) Form of certificate Each certificate of ascertainment of appointment of electors shall— (A) set forth the names of the electors appointed and the canvass or other determination under the laws of such State of the number of votes given or cast for each person for whose appointment any and all votes have been given or cast; (B) bear the seal of the State; and (C) contain at least one security feature, as determined by the State, for purposes of verifying the authenticity of such certificate. (b) Transmission It shall be the duty of the executive of each State— (1) to transmit to the Archivist of the United States, by the most expeditious method available, the certificate of ascertainment of appointment of electors; and (2) to transmit to the electors of such State, on or before the day on which the electors are required to meet under section 7, six duplicate-originals of the same certificate. (c) Treatment of certificate as conclusive (1) In general For purposes of section 15— (A) the certificate of ascertainment of appointment of electors issued pursuant to this section shall be treated as conclusive with respect to the determination of electors appointed by the State; and (B) any certificate of ascertainment of appointment of electors as required to be revised by any subsequent State or Federal judicial relief granted prior to the date of the meeting of electors shall replace and supersede any other certificates submitted pursuant to this section. (2) Determination of Federal questions The determination of Federal courts on questions arising under the Constitution or laws of the United States with respect to a certificate of ascertainment of appointment of electors shall be conclusive. (d) Venue and expedited procedure (1) In general Any action brought by an aggrieved candidate for President or Vice President that arises under the Constitution or laws of the United States with respect to the issuance of the certification required under section (a)(1), or the transmission of such certification as required under subsection (b), shall be subject to the following rules: (A) Venue The venue for such action shall be the Federal district court of the Federal district in which the State capital is located. (B) 3-judge panel Such action shall be heard by a district court of three judges, convened pursuant to section 2284 of title 28, United States Code, except that the court shall be comprised of two judges of the circuit court of appeals in which the district court lies and one judge of the district court in which the action is brought. (C) Expedited procedure It shall be the duty of the court to advance on the docket and to expedite to the greatest possible extent the disposition of the action, consistent with all other relevant deadlines established by this chapter and the laws of the United States. (D) Appeals Any appeal from the judgment of the panel convened under subparagraph (B) may be heard directly by the Supreme Court, pursuant to section 1253 of title 28, United States Code, on an expedited basis, so that a final order of the court on remand of the Supreme Court may occur on or before the day before the time fixed for the meeting of electors. (2) Rule of construction This subsection shall be construed solely to establish venue and expedited procedures in any action brought by an aggrieved candidate for President or Vice President as specified in this subsection that arises under the Constitution or laws of the United States. . (b) Executive of a State Section 21 of title 3, United States Code, as amended by section 102(b), is amended by striking paragraph (3) and inserting the following: (3) executive means, with respect to any State, the Governor of the State (or, in the case of the District of Columbia, the Mayor of the District of Columbia), except when the laws or constitution of a State in effect as of election day expressly require a different State executive to perform the duties identified under this chapter. . (c) Conforming amendments (1) Section 9 of title 3, United States Code, is amended by striking annex to each of the certificates one of the lists of the electors and inserting annex to each of the certificates of votes one of the certificates of ascertainment of appointment of electors . (2) The table of contents for chapter 1 of title 3, United States Code, is amended by striking the items relating to sections 5 inserting the following: 5. Certificate of ascertainment of appointment of electors. . 105. Duties of the Archivist (a) In general Section 6 of title 3, United States Code, is amended to read as follows: 6. Duties of Archivist The certificates of ascertainment of appointment of electors received by the Archivist of the United States under section 5 shall— (1) be preserved for one year; (2) be a part of the public records of such office; and (3) be open to public inspection. . (b) Conforming amendment The table of contents for chapter 1 of title 3, United States Code, is amended by striking the items relating to section 6 and inserting the following: 6. Duties of Archivist. . 106. Meeting of electors (a) Time for meeting Section 7 of title 3, United States Code, is amended— (1) by striking Monday and inserting Tuesday ; and (2) by striking as the legislature of such State shall direct and inserting in accordance with the laws of the State enacted prior to election day . (b) Clarification on sealing of certificates of votes Section 10 of such title is amended by striking the certificates so made by them and inserting the certificates of votes so made by them, together with the annexed certificates of ascertainment of appointment of electors, . 107. Transmission of certificates of votes (a) In general Section 11 of title 3, United States Code, is amended to read as follows: 11 Transmission of certificates by electors The electors shall immediately transmit at the same time and by the most expeditious method available the certificates of votes so made by them, together with the annexed certificates of ascertainment of appointment of electors, as follows: (1) One set shall be sent to the President of the Senate at the seat of government. (2) Two sets shall be sent to the chief election officer of the State, one of which shall be held subject to the order of the President of the Senate, the other to be preserved by such official for one year and shall be a part of the public records of such office and shall be open to public inspection. (3) Two sets shall be sent to the Archivist of the United States at the seat of government, one of which shall be held subject to the order of the President of the Senate and the other of which shall be preserved by the Archivist of the United States for one year and shall be a part of the public records of such office and shall be open to public inspection. (4) One set shall be sent to the judge of the district in which the electors shall have assembled. . (b) Conforming amendment The table of contents for chapter 1 of title 3, United States Code, is amended by striking the item relating to section 11 and inserting the following: 11. Transmission of certificates by electors. . 108. Failure of certificate of votes to reach recipients (a) In general Section 12 of title 3, United States Code, is amended— (1) by inserting , after the meeting of the electors shall have been held, after When ; (2) by striking in December, after the meeting of the electors shall have been held, and inserting in December, ; (3) by striking or, if he be absent and inserting or, if the President of the Senate be absent ; (4) by striking secretary of State and insert chief election officer of the State ; (5) by striking and list ; (6) by striking lodged with him and inserting lodged with such officer ; (7) by striking his duty and inserting the duty of such chief election officer of the State ; and (8) by striking by registered mail and inserting by the most expeditious method available . (b) Continued failure Section 13 of title 3, United States Code, is amended— (1) by inserting , after the meeting of the electors shall have been held, after When ; (2) by striking in December, after the meeting of the electors shall have been held, and inserting in December, ; (3) by striking or, if he be absent and inserting or, if the President of the Senate be absent ; and (4) by striking that list and inserting that certificate . (c) Elimination of messenger's penalty (1) In general Title 3, United States Code, is amended by striking section 14. (2) Conforming amendment The table of contents for chapter 1 of title 3, United States Code, is amended by striking the item relating to section 14. 109. Clarifications relating to counting electoral votes (a) In general Section 15 of title 3, United States Code, is amended to read as follows: 15. Counting electoral votes in Congress (a) In general Congress shall be in session on the sixth day of January succeeding every meeting of the electors. The Senate and House of Representatives shall meet in the Hall of the House of Representatives at the hour of 1 o'clock in the afternoon on that day, and the President of the Senate shall be their presiding officer. (b) Powers of the President of Senate (1) Ministerial in nature Except as otherwise provided in this chapter, the role of the President of the Senate while presiding over the joint meeting shall be limited to performing solely ministerial duties. (2) Powers explicitly denied The President of the Senate shall have no power to solely determine, accept, reject, or otherwise adjudicate or resolve disputes over the proper list of electors, the validity of electors, or the votes of electors. (c) Appointment of tellers At the joint meeting of the Senate and House of Representatives described in subsection (a), there shall be present two tellers previously appointed on the part of the Senate and two tellers previously appointed on the part of the House of Representatives by the presiding officers of the respective chambers. (d) Procedure at joint meeting generally (1) In general The President of the Senate shall— (A) open the certificates and papers purporting to be certificates of the votes of electors appointed pursuant to a certificate of ascertainment of appointment of electors issued pursuant to section 5, in the alphabetical order of the States, beginning with the letter A; and (B) upon opening any certificate, hand the certificate and any accompanying papers to the tellers, who shall read the same in the presence and hearing of the two Houses. (2) Action on certificate (A) In general Upon the reading of each certificate or paper, the President of the Senate shall call for objections, if any. (B) Requirements for objections (i) Objections No objection shall be in order unless the objection— (I) is made in writing; (II) is signed by at least one-fifth of the Senators duly chosen and sworn and one-fifth of the Members of the House of Representatives duly chosen and sworn; and (III) states clearly and concisely, without argument, one of the grounds listed under clause (ii). (ii) Grounds for objections The only grounds for objections shall be as follows: (I) The electors of the State were not lawfully certified under a certificate of ascertainment of appointment of electors according to section 5(a)(1). (II) The vote of one or more electors has not been regularly given. (C) Consideration of objections (i) In general When all objections so made to any vote or paper from a State shall have been received and read, the Senate shall thereupon withdraw, and such objections shall be submitted to the Senate for its decision; and the Speaker of the House of Representatives shall, in like manner, submit such objections to the House of Representatives for its decision. (ii) Determination No objection may be sustained unless such objection is sustained by separate concurring votes of each House. (D) Reconvening When the two Houses have voted, they shall immediately again meet, and the presiding officer shall then announce the decision of the questions submitted. No votes or papers from any other State shall be acted upon until the objections previously made to the votes or papers from any State shall have been finally disposed of. (e) Rules for tabulating votes (1) Counting of votes (A) In general Except as provided in subparagraph (B)— (i) only the votes of electors who have been appointed under a certificate of ascertainment of appointment of electors issued pursuant to section 5, or who have legally been appointed to fill a vacancy of any such elector pursuant to section 4, may be counted; and (ii) no vote of an elector described in clause (i) which has been regularly given shall be rejected. (B) Exception The vote of an elector who has been appointed under a certificate of ascertainment of appointment of electors issued pursuant to section 5 shall not be counted if— (i) there is an objection which meets the requirements of subsection (d)(2)(B)(i); and (ii) each House affirmatively sustains the objection as valid. (2) Determination of majority If the number of electors lawfully appointed by any State pursuant to a certificate of ascertainment of appointment of electors that is issued under section 5 is less than the number of electoral votes entitled to be cast by the State, or if an objection the grounds for which are described in subsection (d)(2)(B)(ii)(I) has been sustained, the total number of electors appointed for the purpose of determining a majority of the whole number of electors appointed as required by the Twelfth Amendment to the Constitution shall be reduced by the number of electors whom the State has failed to appoint or as to whom the objection was sustained. (3) List of votes by tellers; declaration of winner The tellers shall make a list of the votes as they shall appear from the said certificates; and the votes having been ascertained and counted according to the rules in this subchapter provided, the result of the same shall be delivered to the President of the Senate, who shall thereupon announce the state of the vote, which announcement shall be deemed a sufficient declaration of the persons, if any, elected President and Vice President of the United States, and, together with a list of the votes, be entered on the Journals of the two Houses. . (b) Conforming amendment The table of contents for chapter 1 of title 3, United States Code, is amended by striking the item relating to section 15 and inserting the following: 15. Counting electoral votes in Congress. . 110. Rules relating to joint meeting (a) Limit of debate in each House Section 17 of title 3, United States Code, is amended to read as follows: 17. Same; limit of debate in each House When the two Houses separate to decide upon an objection pursuant to section 15(d)(2)(C)(i) that may have been made to the counting of any electoral vote or votes from any State, or other question arising in the matter— (1) all such objections and questions permitted with respect to such State shall be considered at such time; (2) each Senator and Representative may speak to such objections or questions five minutes, and not more than once; (3) the total time for debate for all such objections and questions with respect to such State shall not exceed two hours in each House; and (4) at the close of such debate, it shall be the duty of the presiding officer of each House to put the objections and questions to a vote without further debate. . (b) Parliamentary procedure Section 18 of title 3, United States Code, is amended by inserting under section 15(d)(2)(C)(i) after motion to withdraw . 111. Severability (a) In general Title 3, United States Code, is amended by inserting after section 21 the following new section: 22. Severability If any provision of this chapter, or the application of a provision to any person or circumstance, is held to be unconstitutional, the remainder of this chapter, and the application of the provisions to any person or circumstance, shall not be affected by the holding. . (b) Conforming amendment The table of contents for chapter 1 of title 3, United States Code, is amended by adding at the end the following: 22. Severability. . II Presidential Transition Improvement Act 201. Short title This title may be cited as Presidential Transition Improvement Act . 202. Modifications to Presidential Transition Act of 1963 (a) In general Section 3 of the Presidential Transition Act of 1963 ( 3 U.S.C. 102 note) is amended by striking subsection (c) and inserting the following: (c) (1) Apparent successful candidates (A) In general For purposes of this Act, the apparent successful candidate for the office of President and Vice President, respectively, shall be determined as follows: (i) If all but one eligible candidate for the office of President and one eligible candidate for the office of Vice President, respectively, concede the election, then the candidate for each such office who has not conceded shall be the apparent successful candidate for each such office. (ii) If, on the date that is 5 days after the date of the election, more than one eligible candidate for the office of President has not conceded the election, then each of the remaining eligible candidates for such office and the office of Vice President who have not conceded shall be treated as the apparent successful candidates until such time as a single candidate for the office of President is treated as the apparent successful candidate pursuant to clause (iii) or clause (iv). (iii) If a single candidate for the office of President or Vice President is determined by the Administrator to meet the qualifications under subparagraph (B), the Administrator may determine that such candidate shall solely be treated as the apparent successful candidate for that office until such time as a single candidate for the office of President is treated as the apparent successful candidate pursuant to clause (iv). (iv) If a single candidate for the office of President or Vice President is the apparent successful candidate for such office under subparagraph (C), that candidate shall solely be treated as the apparent successful candidate for that office. (B) Interim discretionary qualifications On or after the date that is 5 days after the date of the election, the Administrator may determine that a single candidate for the office of President or Vice President shall be treated as the sole apparent successful candidate for that office pursuant to subparagraph (A)(iii) if it is substantially certain the candidate will receive a majority of the pledged votes of electors, based on consideration of the following factors: (i) The results of the election for such office in States in which significant legal challenges that could alter the outcome of the election in the State have been substantially resolved, such that the outcome is substantially certain. (ii) The certified results of the election for such office in States in which the certification is complete. (iii) The results of the election for such office in States in which there is substantial certainty of an apparent successful candidate based on the totality of the circumstances. (C) Mandatory qualifications (i) In general Notwithstanding subparagraph (A) or (B), a candidate shall be the sole apparent successful candidate for the office of President or Vice President pursuant to subparagraph (A)(iv) for purposes of this Act if— (I) the candidate receives a majority of pledged votes of electors of such office based on certifications by States of their final canvass, and the conclusion of any recounts, legal actions, or administrative actions pertaining to the results of the election for such office; (II) in the case where subclause (I) is not met, the candidate receives a majority of votes of electors of such office at the meeting and vote of electors under section 7 of title 3, United States Code; or (III) in the case where neither subclause (I) or (II) is met, the candidate is declared as the person elected to such office at the joint session of Congress under section 15 of title 3, United States Code. (ii) Clarification if State unable to certify election results or appoints more than one slate of electors For purposes of subclauses (I) and (II) of clause (i), if a State is unable to certify its election results or a State appoints more than one slate of electors, the votes of the electors of such State shall not count towards meeting the qualifications under such subclauses. (2) Period of multiple possible apparent successful candidates During any period in which there is more than one possible apparent successful candidate for the office of President— (A) the Administrator is authorized to provide, upon request, to each remaining eligible candidate for such office and the office of Vice President described in paragraph (1)(A)(ii) access to services and facilities pursuant to this Act; (B) the Administrator, in conjunction with the Federal Transition Coordinator designated under section 4(c) and the senior career employee of each agency and senior career employee of each major component and subcomponent of each agency designated under subsection (f)(1) to oversee and implement the activities of the agency, component, or subcomponent relating to the Presidential transition, shall make efforts to ensure that each such candidate is provided equal access to agency information and spaces as requested pursuant to this Act; (C) the Administrator shall provide weekly reports to Congress containing a brief summary of the status of funds being distributed to such candidates under this Act, the level of access to agency information and spaces provided to such candidates, and the status of such candidates with respect to meeting the qualifications to be the apparent successful candidate for the office of President or Vice President under subparagraph (B) or (C) of paragraph (1); and (D) if a single candidate for the office of President or Vice President is treated as the apparent successful candidate for such office pursuant to subparagraph (A)(iii) or (A)(iv) of paragraph (1), not later than 24 hours after such treatment is effective, the Administrator shall make available to the public a written statement that such candidate is treated as the sole apparent successful candidate for such office for purposes of this Act, including a description of the legal basis and reasons for such treatment based on the qualifications under subparagraph (B) or (C) of paragraph (1), as applicable. (3) Definition In this subsection, the term eligible candidate has the meaning given that term in subsection (h)(4). . (b) Conforming amendments The Presidential Transition Act of 1963 ( 3 U.S.C. 102 note) is amended— (1) in section 3— (A) in the heading, by striking presidents-elect and vice-presidents-elect and inserting apparent successful candidates ; (B) in subsection (a)— (i) in the matter preceding paragraph (1)— (I) by striking each President-elect, each Vice-President-elect and inserting each apparent successful candidate for the office of President and Vice President (as determined by subsection (c)) ; and (II) by striking the President-elect and Vice-President-elect and inserting each such candidate ; (ii) in paragraph (1)— (I) by striking the President-elect, the Vice-President-elect and inserting the apparent successful candidate ; and (II) by striking the President-elect or Vice-President-elect and inserting the apparent successful candidate ; (iii) in paragraphs (2), (3), (4), and (5), by striking the President-elect or Vice-President-elect each place it appears and inserting the apparent successful candidate ; (iv) in paragraph (4)(B), by striking the President-elect, the Vice-President-elect, or the designee of the President-elect or Vice-President-elect and inserting the apparent successful candidate or their designee ; (v) in paragraph (8), in subparagraph (A)(v) and (B), by striking the President-elect and inserting the apparent successful candidate for the office of President ; and (vi) in paragraph (10)— (I) by striking any President-elect, Vice-President-elect, or eligible candidate and inserting any apparent successful candidate or eligible candidate ; and (II) by striking the President-elect and Vice President-elect and inserting the apparent successful candidates ; (C) in subsection (b)— (i) in paragraph (1), by striking the President-elect or Vice-President-elect, or after the inauguration of the President-elect as President and the inauguration of the Vice-President-elect as Vice President and inserting the apparent successful candidates, or after the inauguration of the apparent successful candidate for the office of President as President and the inauguration of the apparent successful candidate for the office of Vice President as Vice President ; and (ii) in paragraph (2), by striking the President-elect, Vice-President-elect and inserting the apparent successful candidate ; (D) in subsection (d)— (i) in the first sentence, by striking Each President-elect and inserting Each apparent successful candidate for the office of President ; and (ii) in the second sentence, by striking Each Vice-President-elect and inserting Each apparent successful candidate for the office of Vice-President ; (E) in subsection (e)— (i) in the first sentence, by striking Each President-elect and Vice-President-elect and inserting Each apparent successful candidate ; and (ii) in the second sentence, by striking any President-elect or Vice-President-elect may be made upon the basis of a certificate by him or the assistant designated by him and inserting any apparent successful candidate may be made upon the basis of a certificate by the candidate or their designee ; (F) in subsection (f)— (i) in paragraph (1), by striking The President-elect and inserting Any apparent successful candidate for the office of President ; and (ii) in paragraph (2), by striking inauguration of the President-elect as President and the inauguration of the Vice-President-elect as Vice President and inserting inauguration of the apparent successful candidate for the office of President as President and the inauguration of the apparent successful candidate for the office of Vice President as Vice President ; (G) in subsection (g), by striking In the case where the President-elect is the incumbent President or in the case where the Vice-President-elect is the incumbent Vice President and inserting In the case where an apparent successful candidate for the office of President is the incumbent President or in the case where an apparent successful candidate for the office of Vice President is the incumbent Vice President ; (H) in subsection (h)— (i) in paragraph (2)(B)(iv), by striking the President-elect or Vice-President-elect and inserting an apparent successful candidates ; and (ii) in paragraph (3)(B)(iii), by striking the President-elect or Vice-President-elect and inserting an apparent successful candidates ; and (I) in subsection (i)(3)(C)— (i) in clause (i), by striking the inauguration of the President-elect as President and the inauguration of the Vice-President-elect as Vice President and inserting the inauguration of the apparent successful candidate for the office of President as President and the inauguration of the apparent successful candidate for the office of Vice President as Vice President ; and (ii) in clause (ii), by striking upon request of the President-elect or the Vice-President-elect and inserting upon request of the apparent successful candidate ; (2) in section 4— (A) in subsection (e)— (i) in paragraph (1)(B), by striking the President-elect and Vice-President-elect and inserting the apparent successful candidates (as determined by section 3(c)) ; and (ii) in paragraph (4)(B), by striking the President-elect is inaugurated and inserting the apparent successful candidate for the office of President is inaugurated ; and (B) in subsection (g)— (i) in paragraph (3)(A), by striking the President-elect and inserting the apparent successful candidate for the office of President ; and (ii) in paragraph (3)(B)(ii)(III), by striking the President-elect and inserting the apparent successful candidate for the office of President ; (3) in section 5, in the first sentence, by striking Presidents-elect and Vice-Presidents-elect and inserting apparent successful candidates (as determined by section 3(c)) ; (4) in section 6— (A) in subsection (a)— (i) in paragraph (1)— (I) by striking The President-elect and Vice-President-elect and inserting Each apparent successful candidate (as determined by section 3(c)) ; and (II) by striking the President-elect or Vice-President-elect and inserting the apparent successful candidate ; (ii) in paragraph (2), by striking The President-elect and Vice-President-elect and inserting Each apparent successful candidate ; and (iii) in paragraph (3)(A), by striking inauguration of the President-elect as President and the Vice-President-elect as Vice President and inserting inauguration of the apparent successful candidate for the office of President as President and the apparent successful candidate for the office of Vice-President as Vice President ; (B) in subsection (b)(1)— (i) in the matter preceding subparagraph (A), by striking The President-elect and Vice-President-elect and inserting Each apparent successful candidate ; and (ii) in subparagraph (A), by striking the President-elect or Vice-President-elect's and inserting the apparent successful candidate's ; and (C) in subsection (c), by striking The President-elect and Vice-President-elect and inserting Each apparent successful candidate ; and (5) in section 7(a)(1), by striking the President-elect and Vice President-elect and inserting the apparent successful candidates . | https://www.govinfo.gov/content/pkg/BILLS-117s4573is/xml/BILLS-117s4573is.xml |
117-s-4574 | II 117th CONGRESS 2d Session S. 4574 IN THE SENATE OF THE UNITED STATES July 20, 2022 Ms. Collins (for herself, Mr. Manchin , Mr. Portman , Ms. Sinema , Mr. Romney , Mrs. Shaheen , Ms. Murkowski , Mr. Warner , Mr. Tillis , Mr. Murphy , Mr. Cardin , and Mr. Coons ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend title 18, United States Code, to increase penalties for crimes against federally protected activities relating to voting and the conduct of elections, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Enhanced Election Security and Protection Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Enhanced Penalties to Protect our Elections Act Sec. 101. Short title. Sec. 102. Enhanced penalties for crimes against federally protected activities relating to voting and the conduct of elections. TITLE II—Postal Service Election Improvement Act Sec. 201. Short title. Sec. 202. Definitions. Sec. 203. Best practices guidance for Federal election mail. Sec. 204. Election mail services from the Postal Service. Sec. 205. Creation of standardized Federal ballot mail parameters and features. Sec. 206. Ballot search and certification. Sec. 207. Federal election mail processing. Sec. 208. Postmark required on all Federal ballots. Sec. 209. No cause of action. TITLE III—Reauthorization of Election Assistance Commission Sec. 301. Reauthorization of Election Assistance Commission. Sec. 302. Requiring penetration testing as part of the testing and certification of voting systems. TITLE IV—Protections for election records, papers, and voting systems Sec. 401. Short title. Sec. 402. Protection for election records, papers, and voting systems. I Enhanced Penalties to Protect our Elections Act 101. Short title This title may be cited as the Enhanced Penalties to Protect Our Elections Act . 102. Enhanced penalties for crimes against Federally protected activities relating to voting and the conduct of elections Section 245(b) of title 18, United States Code, is amended in the matter following paragraph (5) by inserting “(or, in the case of a violation of paragraph (1)(A), two years)” after “one year”. II Postal Service Election Improvement Act 201. Short title This title may be cited as the Postal Service Election Improvement Act . 202. Definitions In this title: (1) Covered election The term covered election means an election for Federal office. (2) Election Mail Advisor The term Election Mail Advisor means an individual designated under section 204(b). (3) Election official The term election official means an individual responsible for overseeing voting in a covered election in a State, locality, or Tribal territory. (4) Federal election mail The term Federal election mail — (A) means any item mailed to or from an authorized election official that enables citizens to participate in the voting process with respect to a covered election; and (B) includes a ballot, voter registration card, absentee voting application, and polling place notification. (5) Federal office The term Federal office has the meaning given that term in section 301 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 ). (6) Postal Service The term Postal Service means the United States Postal Service. (7) State The term State has the meaning given that term in section 901 of the Help America Vote Act of 2002 ( 52 U.S.C. 21141 ). 203. Best practices guidance for Federal election mail (a) In general Not later than September 30 of each odd-numbered year, the Postal Service shall issue best practices for State, local, and Tribal governments, in light of the capabilities of the Postal Service, regarding— (1) optimal timing for voters to request and return absentee or mail-in ballots through the mail for covered elections, based on the established service standards of the Postal Service; (2) the design, physical standards, and format of the envelopes containing physical voting materials for covered elections that may be processed through the mail, such as ballot envelopes; (3) the use of identifying information to designate Federal election mail for more efficient processing; and (4) other topics the Postal Service may identify to improve the efficiency of Federal election mail. (b) Postal Service authority Nothing in subsection (a) shall prevent the Postal Service from updating the best practices issued under that subsection as appropriate following the date of issuance. (c) Recipients The Postal Service shall make publicly available the best practices issued under subsection (a), and shall provide specific notice of the best practices to— (1) State, local, and Tribal election officials; (2) the chief executive officer of each State; and (3) majority and minority leadership of each State legislature. 204. Election mail services from the Postal Service (a) In general The Postal Service shall coordinate Federal election mail services to include the following: (1) Designation of employees to coordinate with relevant processing plants, post offices, retail units, delivery units, managers, supervisors, and other postal employees to— (A) ensure all Federal election mail is handled in an appropriate manner; (B) develop metrics and internal reporting requirements, as necessary, to ensure Federal election mail processing and handling comply with applicable regulations and guidelines of the Postal Service; and (C) ensure any extraordinary measures to process Federal election mail are appropriately carried out according to the regulations and guidelines of the Postal Service. (2) Assistance of election officials by Election Mail Advisors from the appropriate geographic offices of the Postal Service with facilitating Federal election mail. (3) Advice for election officials by mailpiece design analysts, in coordination with the relevant Election Mail Advisor, on— (A) how to improve the tracking and visibility of mail-in ballots for covered elections; and (B) verification that ballot mail envelope designs are consistent with the standardized parameters and features created under section 205. (b) Election Mail Advisors (1) Number of Election Mail Advisors (A) Minimum number of Election Mail Advisors per State The Postal Service shall designate not less than 1 dedicated Election Mail Advisor for each State. (B) Determination of number of Election Mail Advisors per State In determining the number of Election Mail Advisors to designate for a State, the Postal Service shall take into account the population and the organization of the election administration of the State to ensure that a sufficient number of Election Mail Advisors are designated. (2) Duties of Election Mail Advisor An Election Mail Advisor shall provide information, guidance, and coordination to assist election officials in managing the use of Federal election mail in the applicable jurisdiction, including— (A) providing the election officials with detailed information on— (i) service standards and other relevant service-related information for the region relating to the processing of Federal election mail that would assist election officials in managing covered elections; (ii) best practices issued under section 203; and (iii) Postal Service regulations, guidelines, and processes for handling Federal election mail; and (B) performing any other duties assigned by the Postal Service to improve the ability of election officials to manage covered elections in their respective jurisdictions. 205. Creation of standardized Federal ballot mail parameters and features (a) In general The Postal Service shall create standardized ballot envelope design parameters and features for blank outbound ballots and for returning inbound ballots that a State may choose to use in covered elections. (b) Tracking for standardized ballot envelope The standardized ballot envelope design parameters under subsection (a) shall include the ability to incorporate tracking technology. 206. Ballot search and certification (a) Ballot identification During the period beginning not later than 14 days before the date of a covered election and ending not earlier than 7 days after the last date on which the State accepts ballots cast in that covered election, the Postal Service shall conduct daily inspections for ballots in each Postal Service facility that processes Federal election mail in any Postal Service district in which the covered election is being held to ensure that each ballot scheduled to depart the facility that day has departed the facility. (b) Certification Each day during a period described in subsection (a), the manager or supervisor in charge of a Postal Service facility described in that subsection shall certify in a record maintained by the Postal Service that each ballot scheduled to depart the facility that day has departed the facility. 207. Federal election mail processing (a) Processing preceding elections for Federal office During the 90-day period preceding a general election for Federal office, the Postal Service may not— (1) implement any service standard changes that would slow the delivery of Federal election mail; (2) take any steps that would meaningfully interfere with the ability of the Postal Service to achieve its service standards; or (3) engage in activity that would meaningfully interfere with the ability of the Postal Service to prioritize monitoring and timely delivery of Federal election mail. (b) Sunday processing The Postal Service shall collect and process the mail in a Postal Service district on the Sunday before a general election is held in that district. (c) Extended hours The Postal Service shall coordinate with election officials and may operate on extended hours, as necessary, to process Federal election mail in advance of a covered election. 208. Postmark required on all Federal ballots The Postal Service shall implement procedures designed to apply a physical postmark or other physical indicia bearing a legible date to each identifiable envelope containing a ballot when returned by mail for a covered election to the maximum extent practicable. 209. No cause of action No provision of this title shall— (1) be binding on any State, local, or Tribal government; or (2) be construed to create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, the Postal Service, or a State, local, or Tribal government, a department, agency, entity, officer, employee, or agent thereof, or any other person. III Reauthorization of Election Assistance Commission 301. Reauthorization of Election Assistance Commission Section 210 of the Help America Vote Act of 2002 ( 52 U.S.C. 20930 ) is amended— (1) by inserting , and for each of the fiscal years 2023 through 2027, after 2005 ; and (2) by striking (but not to exceed $10,000,000 for each such year) . 302. Requiring penetration testing as part of the testing and certification of voting systems Section 231(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 20971(a) ) is amended by adding at the end the following new paragraph: (3) Required penetration testing The Commission shall provide for the conduct of penetration testing as part of the testing, certification, decertification, and recertification of voting system hardware and software by accredited laboratories under this section. . IV Protections for election records, papers, and voting systems 401. Short title This title may be cited as the Election Records Protection Act . 402. Protection for election records, papers, and voting systems (a) In general (1) In general Title III of the Civil Rights Act of 1960 ( 52 U.S.C. 20701 et seq. ) is amended by adding at the end the following new section: 307. Records As used in this title, the term record includes any electronic record. . (2) Guidance Not later than 180 days after the date of the enactment of this Act, the Attorney General, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, shall issue informal guidance regarding compliance with section 301 of the Civil Rights Act of 1960 ( 52 U.S.C. 20701 ), including recommendations for retaining and preserving records (including electronic records) and papers. (b) Increased penalty for willful failure To retain and preserve election records Section 302 of the Civil Rights Act of 1960 ( 52 U.S.C. 20702 ) is amended— (1) by striking $1,000 and inserting $10,000 ; and (2) by striking one year and inserting two years . (c) Penalty for theft, destruction, concealment, mutilation, or alteration of voting systems Section 12(2) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20511 ) is amended— (1) by striking or at the end of subparagraph (A); (2) by striking the comma at the end of subparagraph (B) and inserting ; or ; and (3) by adding at the end the following new subparagraph: (C) the theft, destruction, concealment, mutilation, or alteration of voting systems; . | https://www.govinfo.gov/content/pkg/BILLS-117s4574is/xml/BILLS-117s4574is.xml |
117-s-4575 | II 117th CONGRESS 2d Session S. 4575 IN THE SENATE OF THE UNITED STATES July 20, 2022 Mr. Booker (for himself and Mr. Paul ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To clarify that the Federal Right to Try law applies to schedule I substances for which a phase I clinical trial has been completed and to provide access for eligible patients to such substances pursuant to the Federal Right to Try law.
1. Short title This Act may be cited as the Right to Try Clarification Act . 2. Findings Congress finds as follows: (1) The Trickett Wendler, Frank Mongiello, Jordan McLinn, and Matthew Bellina Right to Try Act of 2017 ( Public Law 115–176 ) was enacted in 2018. (2) Section 561B of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–0a ), as added by the Act described in paragraph (1) (referred to in this section as the Federal Right to Try law ), does not exclude from the application of such law schedule I substances for which a phase I clinical trial has been completed. (3) Multiple schedule I drugs have progressed through phase I clinical trials and have been designated by the Food and Drug Administration as breakthrough therapies under section 506 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356 ) because of preliminary clinical evidence indicating that such drugs demonstrate substantial improvement over existing therapies, but eligible patients have not been permitted access to these drugs pursuant to the Federal Right to Try law. 3. Amendment to Federal Right to Try law Section 561B(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb–0a(b)) is amended by inserting any provision of the Controlled Substances Act ( 21 U.S.C. 801 et seq. ) that prohibits the unauthorized use, possession, distribution, dispensation, or transportation of an eligible investigational drug, before and parts . | https://www.govinfo.gov/content/pkg/BILLS-117s4575is/xml/BILLS-117s4575is.xml |
117-s-4576 | II 117th CONGRESS 2d Session S. 4576 IN THE SENATE OF THE UNITED STATES July 20, 2022 Mr. Schatz (for himself, Ms. Cantwell , Mr. Durbin , Ms. Duckworth , Ms. Hirono , Mr. Wyden , Mr. Hickenlooper , Mr. Van Hollen , Mrs. Murray , and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide competitive grants for the promotion of Japanese American confinement education as a means to understand the importance of democratic principles, use and abuse of power, and to raise awareness about the importance of cultural tolerance toward Japanese Americans, and for other purposes.
1. Short title This Act may be cited as the Norman Y. Mineta Japanese American Confinement Education Act . 2. Japanese American confinement education grants Public Law 109–441 (120 Stat. 3290) is amended— (1) in section 2, by adding at the end the following: (4) Japanese American confinement education grants The term Japanese American Confinement Education Grants means competitive grants, awarded through the Japanese American Confinement Sites Program, for Japanese American organizations to educate individuals, including through the use of digital resources, in the United States on the historical importance of Japanese American confinement during World War II, so that present and future generations may learn from Japanese American confinement and the commitment of the United States to equal justice under the law. (5) Japanese American organization The term Japanese American organization means a private nonprofit organization within the United States established to promote the understanding and appreciation of the ethnic and cultural diversity of the United States by illustrating the Japanese American experience throughout the history of the United States. ; and (2) in section 4— (A) by inserting (a) In general.— before There are authorized ; (B) by striking $38,000,000 and inserting $80,000,000 ; and (C) by adding at the end the following: (b) Japanese American Confinement Education Grants (1) In general Of the amounts made available under this section, not more than $10,000,000 shall be awarded as Japanese American Confinement Education Grants to Japanese American organizations. Such competitive grants shall be in an amount not less than $750,000 and the Secretary shall give priority consideration to Japanese American organizations with fewer than 100 employees. (2) Matching requirement (A) Fifty percent Except as provided in subparagraph (B), for funds awarded under this subsection, the Secretary shall require a 50 percent match with non-Federal assets from non-Federal sources, which may include cash or durable goods and materials fairly valued, as determined by the Secretary. (B) Waiver The Secretary may waive all or part of the matching requirement under subparagraph (A), if the Secretary determines that— (i) no reasonable means are available through which an applicant can meet the matching requirement; and (ii) the probable benefit of the project funded outweighs the public interest in such matching requirement. . | https://www.govinfo.gov/content/pkg/BILLS-117s4576is/xml/BILLS-117s4576is.xml |
117-s-4577 | II 117th CONGRESS 2d Session S. 4577 IN THE SENATE OF THE UNITED STATES July 21, 2022 Mr. Peters (for himself and Mr. Lankford ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To improve plain writing and public experience, and for other purposes.
1. Short title This Act may be cited as the Clear and Concise Content Act of 2022 . 2. Definitions In this Act: (1) Agency The term agency means an executive agency and a military department, as such terms are defined in sections 105 and 102 of title 5, United States Code, respectively. (2) Covered content The term covered content — (A) means any content that— (i) is necessary for obtaining any benefit or service from the Federal Government or for filing taxes; or (ii) provides information about— (I) any benefit or service from the Federal Government; (II) any operations, policies, or guidance of an agency that are of material importance to the agency and are posted publicly by the agency, including any explanation of how to comply with a requirement the Federal Government administers or enforces; (III) how to interact with or provide feedback to an agency regarding the operations, policies, or guidance of the agency; or (IV) how to navigate or interact with any agency website, digital service, or office; (B) includes— (i) (whether in paper or electronic form) a letter, publication, form, notice, guidance, policy, instruction, or official correspondence of an agency; (ii) all content necessary for public understanding, interaction, and use of an agency digital service or website; and (iii) instructions on how to submit comments, feedback, or information in response to a regulation during any portion of the rulemaking or implementation process for a regulation; and (C) subject to subparagraph (B)(iii), does not include a regulation. (3) Director The term Director means the Director of the Office of Management and Budget. (4) Open Government data asset The term open Government data asset has the meaning given that term in section 3502 of title 44, United States Code. (5) Plain writing The term plain writing means writing that is clear, concise, well-organized, and follows other best practices appropriate to the subject or field and intended audience, including an audience who may be disabled, may not be proficient in English, or may otherwise be disadvantaged or traditionally underserved. 3. Responsibilities of the Director (a) In general Not later than 180 days after the date of enactment of this Act, the Director shall rescind outdated guidance and issue new guidance for the creation, maintenance, and use of covered content at agencies. (b) Requirements The guidance required under subsection (a) shall— (1) establish procedures under which an agency shall review any content in use on the date of enactment of this Act to determine if it is covered content; (2) establish policies for an agency to ensure that any content of the agency that is covered content, including any content created or updated after the date of enactment of this Act that is determined to be covered content, is drafted in plain writing; (3) establish qualitative and quantitative metrics by which an agency shall be measured for compliance with the requirements to identify covered content, draft covered content in plain writing, and solicit and incorporate public feedback and data to improve public engagement and interaction with the agency; (4) prescribe processes by which agencies shall submit agency reports required by the Director, in an appropriate manner and form, to support the governmentwide reports required under subsection (c); and (5) require an agency to solicit public feedback, collect data, and routinely test the creation or modification of covered content of the agency. (c) Reports to Congress (1) In general Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Director shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report on implementation of this Act by agencies, including the progress of agencies towards the metrics established under subsection (b)(3) and any other information or data determined by the Director to inform Congress and the public on implementation of plain writing in covered content by agencies. (2) Public website (A) In general The Director may make the reports submitted under paragraph (1) available on a public website determined by the Director. (B) Form If the Director makes reports available under subparagraph (A), the reports shall be maintained as open Government data assets. (3) Federal Government and agency performance plans (A) Federal Government The Director shall ensure that the information regarding the Federal Government performance plan and agency performance plans required to be made available under subsection (b) or (c) of section 1122 of title 31, United States Code, is treated as covered content and published (whether in paper or electronic form) using plain writing. (B) Agency performance plans Section 1115(b) of title 31, United States Code, is amended— (i) in paragraph (9)(C), by striking and at the end; (ii) in paragraph (10), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (11) incorporate the metrics established under section 3(b)(3) of the Clear and Concise Content Act of 2022 . . 4. Agency responsibilities (a) In general The head of each agency shall ensure compliance with this Act, including through the designation of a senior officer at the agency (not lower than the Assistant Secretary or equivalent) to oversee implementation by the agency, including all bureaus, offices, or other subordinate components of the agency. (b) Requirement To use plain language in covered content Except as provided in the amendments made by section 5(1), on and after the date that is 1 year after the date of enactment of this Act, each agency shall use plain writing in all covered content made available by the agency, consistent with the guidance issued by the Director under section 3(a). (c) Requirement for feedback from customers The head of each agency shall ensure that there are opportunities and mechanisms in place (whether in paper or electronic form) that incorporate plain writing instructions for feedback from individuals or entities obtaining services from or engaging in transactions with the agency. (d) Public feedback The head of each agency shall maintain an accessible form, survey tool, or other portion of a website of the agency to solicit feedback from the public on compliance with this Act by the agency and to collect the feedback and data required under section 3(b)(4). 5. Amendments to the 21st Century IDEA Act Section 3 of the 21st Century Integrated Digital Experience Act ( 44 U.S.C. 3501 note) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking Not later and inserting Except as provided in paragraph (9), not later ; (B) in paragraph (7), by striking and at the end; (C) in paragraph (8), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following: (9) is drafted using plain writing (as defined in section 2 of the Clear and Concise Content Act of 2022 ), as is required under section 4 of such Act for covered content (as defined in section 2 of such Act), by not later than 180 days after the date of enactment of such Act. ; and (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking Not later and inserting Except as provided in paragraph (2), not later ; and (B) by striking paragraph (2) and inserting the following: (2) by not later than 1 year after the date of enactment of the Clear and Concise Content Act of 2022 , comply with the requirements under subsection (a). . 6. Limitation on judicial enforceability (a) Judicial review No court shall have jurisdiction over any claim related to any act or omission arising out of any provision of this Act. (b) Enforceability No provision of this Act shall be construed to create any right or benefit, substantive or procedural, enforceable by any administrative or judicial action. 7. Repeal Effective on the date that is 1 year after the date of enactment of this Act, the Plain Writing Act of 2010 ( 5 U.S.C. 301 note) is repealed. | https://www.govinfo.gov/content/pkg/BILLS-117s4577is/xml/BILLS-117s4577is.xml |
117-s-4578 | II 117th CONGRESS 2d Session S. 4578 IN THE SENATE OF THE UNITED STATES July 21, 2022 Mr. Merkley (for himself, Mr. Blumenthal , Mr. Wyden , and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To create a new Federal grant program that provides grants to State libraries to allow schools with summer lunch programs to keep their libraries open for student use during the summer months.
1. Short title This Act may be cited as the Summer Meals and Learning Act of 2022 . 2. Definitions In this Act: (1) Eligible local educational agency The term eligible local educational agency means a local educational agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )— (A) that serves lunch at a school served by the local educational agency during the summer as part of— (i) the summer food service program for children established under section 13 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1761 ); or (ii) the seamless summer option authorized by section 13(a)(8) of such Act ( 42 U.S.C. 1761(a)(8) ); and (B) where at least 50 percent of the students in grades prekindergarten through grade 3 at such school— (i) are reading below grade level at grade 3; or (ii) are at risk of reading below grade level at grade 3. (2) Secretary The term Secretary means the Secretary of Education. (3) State The term State means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands. (4) State library administrative agency The term State library administrative agency has the meaning given the term in section 213 of the Museum and Library Services Act ( 20 U.S.C. 9122 ). (5) Summer early reading program The term summer early reading program means a program held in the summer, and not less than 6 weeks in duration, that— (A) is held at a school with a summer lunch site described in paragraph (1)(A); and (B) provides students participating in the lunch program— (i) access to the school library; and (ii) literacy activities or expanded learning opportunities at the school. 3. Grants for summer early reading programs at summer meal sites (a) Program authorized From amounts made available under subsection (f) for a fiscal year, the Secretary shall award grants, on a competitive basis, to State library administrative agencies to enable the State library administrative agencies to award subgrants to eligible local educational agencies for summer early reading programs. (b) Applications A State library administrative agency desiring a grant under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may require. Each application shall include— (1) how the State library administrative agency will award subgrants described in subsection (d), including any priorities or considerations that the State library administrative agency will apply in making such awards, with an emphasis toward supporting eligible local educational agencies with a disproportionately high ratio of students served at school lunch sites described in section 2(1)(A) to such school lunch sites; (2) how the State library administrative agency will disseminate, in a timely manner, information regarding the subgrants described in subsection (d) and the application process for such subgrants to eligible local educational agencies; (3) the criteria that the State library administrative agency will require for the summer early reading programs, including the minimum number of hours that the school library shall remain accessible and any other criteria regarding the activities to be offered; and (4) an assurance from the State library administrative agency that each eligible local educational agency that receives a subgrant will provide a summer early reading program at each school lunch site served by the local educational agency. (c) Use of funds A State library administrative agency receiving a grant under this section shall use grant funds to award subgrants to eligible local educational agencies under subsection (d). (d) Subgrants (1) In general Each State library administrative agency receiving a grant under this section shall award subgrants, on a competitive basis, to eligible local educational agencies to enable the eligible local educational agencies to provide summer early reading programs. (2) Applications An eligible local educational agency desiring a subgrant under this section shall submit an application at such time, in such manner, and containing such information as the State library administrative agency may require. Each application shall include— (A) a description of the school lunch sites described in section 2(1)(A) that will be participating in the summer early reading program, and the ratio, as of the date of application, of the number of students served to the number of such school lunch sites; (B) proof that the eligible local educational agency meets the requirements of section 2(1); (C) a description of the summer early reading program that the eligible local educational agency will provide at each school lunch site to be served; and (D) a description of how community partners will be involved in the summer early reading program. (3) Award basis A State library administrative agency receiving a grant under this section shall award subgrants based on— (A) the proposed number of school lunch sites and the number of students that will be served under the summer early reading program; and (B) any other criteria established by the State library administrative agency in the application submitted under subsection (b). (4) Use of funds An eligible local educational agency receiving a subgrant under this subsection shall use the subgrant funds to work with community partners to— (A) develop and implement the summer early reading programs proposed in the application submitted under paragraph (2); (B) develop and carry out other activities and strategies related to such summer early reading programs; and (C) hire and train appropriate State library administrative agency personnel to teach the summer early reading programs during the summer. (e) Reports For each year of a grant or subgrant awarded under this section, a State library administrative agency receiving such grant, or an eligible local educational agency receiving such subgrant, shall submit a report regarding the progress made in achieving the purposes of the grant or subgrant, respectively, to the Secretary. (f) Authorization of appropriations There are authorized to be appropriated to carry out this Act $5,000,000 for each of the fiscal years 2023 through 2027. | https://www.govinfo.gov/content/pkg/BILLS-117s4578is/xml/BILLS-117s4578is.xml |
117-s-4579 | II 117th CONGRESS 2d Session S. 4579 IN THE SENATE OF THE UNITED STATES July 21, 2022 Mr. Hickenlooper (for himself and Mr. Barrasso ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Energy and Water Development and Related Agencies Appropriations Act, 2015, to extend certain deadlines applicable to pilot projects to increase Colorado River System water to address effects of historic drought conditions, and for other purposes.
1. Short title This Act may be cited as the Colorado River Basin Conservation Act . 2. Extension of certain deadlines relating to pilot projects to increase Colorado River System water to address effects of historic drought conditions Section 206 of the Energy and Water Development and Related Agencies Appropriations Act, 2015 ( 43 U.S.C. 620 note; Public Law 113–235 ), is amended— (1) in subsection (b)(2)— (A) by striking additional ; and (B) by striking this Act and inserting the Colorado River Basin Conservation Act ; (2) in subsection (c)(2), by striking 2022 and inserting 2026 ; and (3) in subsection (d), by striking 2018 and inserting 2027 . | https://www.govinfo.gov/content/pkg/BILLS-117s4579is/xml/BILLS-117s4579is.xml |
117-s-4580 | II 117th CONGRESS 2d Session S. 4580 IN THE SENATE OF THE UNITED STATES July 21, 2022 Ms. Rosen (for herself and Ms. Murkowski ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to require a lactation space in each medical center of the Department of Veterans Affairs.
1. Short title This Act may be cited as the Lactation Spaces for Veteran Moms Act . 2. Lactation spaces in medical centers of the Department of Veterans Affairs (a) In general Subchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: 1720K. Lactation spaces in medical centers of the Department (a) Lactation space required The Secretary shall ensure that each medical center of the Department contains a lactation space. (b) No unauthorized entry Nothing in this section shall be construed to authorize an individual to enter a medical center of the Department or portion thereof that the individual is not otherwise authorized to enter. (c) Lactation space defined In this section, the term lactation space means a hygienic place, other than a bathroom, that— (1) is shielded from view; (2) is free from intrusion; (3) is accessible to disabled individuals (including such individuals who use wheelchairs); (4) contains a chair and a working surface; (5) is easy to locate; (6) is clearly identified with signage; and (7) is available for use by women veterans and members of the public to express breast milk. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item related to section 1720J the following new item: 1720K. Lactation spaces in medical centers of the Department. . (c) Effective date The Secretary of Veterans Affairs shall carry out section 1720K of title 38, United States Code, as added by this section, not later than two years after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4580is/xml/BILLS-117s4580is.xml |
117-s-4581 | II 117th CONGRESS 2d Session S. 4581 IN THE SENATE OF THE UNITED STATES July 21, 2022 Mr. Menendez introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To improve the public service loan forgiveness program under section 455(m) of the Higher Education Act of 1965, to improve loan forgiveness eligibility provisions under such Act for teachers, and for other purposes.
1. Short title This Act may be cited as the Second Chance at Public Service Loan Forgiveness Act . 2. Findings Congress finds the following: (1) The public service loan forgiveness program under section 455(m) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(m) ) was created in 2007 to attract individuals to public service by forgiving an individual’s Federal loans under part D of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1071 et seq. ; 20 U.S.C. 1087a et seq. ) after 10 years of employment in areas of national need. (2) These public service careers, which include employment in military, emergency management, government, public safety, law enforcement, public health, education, child care, social work, services for individuals with disabilities, services for the elderly, public interest legal services, and library sciences, pay substantially less than similar careers in the private sector. (3) The public sector also repeatedly experiences workforce shortages, especially following the COVID–19 pandemic. (4) An undergraduate degree, certification, or advanced degree is a prerequisite to enter or advance in these public service careers. Yet, research suggests that the prospect of several decades of student loan payments often deters individuals from pursuing careers in public service. (5) The public service loan forgiveness program has substantially failed. In 2018, 99 percent of the borrowers who applied for relief under the program were denied due to improper type of loans, employment, or repayment plan, or the number of payments that they had made. (6) Advocates and enforcement agencies, including 38 State Attorneys General and the Bureau of Consumer Financial Protection, have repeatedly found that all of the major Federal student loan servicers provided inaccurate information to borrowers who were interested in or relying upon the public service loan forgiveness program. They also found that servicers repeatedly steered borrowers away from public service loan forgiveness into higher monthly payments and into deferment and forbearances. (7) This has caused millions of public servants irreparable economic harm, including preventing them from buying a home, opening a small business, starting a family, or retiring, because of their student debt. (8) Despite the recent actions of President Biden's administration to improve the public service loan forgiveness program, these actions are limited and will not fully atone for the repeated, pervasive, and systemic actions by Federal student loan servicers to prevent public servants from fully benefitting from this program. 3. Making forgiveness attainable for public sector workers Section 455(m) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(m) ) is amended— (1) by striking paragraph (1) and inserting the following: (1) In general The Secretary shall cancel the balance of interest and principal due, in accordance with paragraph (2), on any eligible Federal Direct Loan not in default for a borrower who— (A) obtained an eligible Federal Direct Loan; and (B) has been employed full-time in public service, beginning on or after January 1, 1994, for a total period of 10 years or more after the date on which the first eligible Federal Direct Loan was obtained. ; (2) by redesignating paragraphs (3) and (4) as paragraphs (5) and (6), respectively; (3) by inserting after paragraph (2) the following: (3) Special rules relating to employment For purposes of this subsection, volunteer service as an AmeriCorps or Peace Corps volunteer, as described in subclause (III) or (IV) of paragraph (5)(C)(i), shall be deemed to be employment. (4) Special rule for certain loans and borrowers (A) Parent Plus loans In the case of a borrower of an eligible Federal Direct Loan that is on behalf of a student, any public service employment required under this subsection may be completed by the borrower or by the student on whose behalf the loan was made. (B) Special rules for Federal Direct Consolidation loans (i) In general A borrower who has obtained an eligible Federal Direct Loan that is a Federal Direct Consolidation Loan that includes a loan made, insured, or guaranteed under part B or part E shall receive credit under paragraph (1) for any years of full-time employment in public service that occurred while the borrower had a component loan of the Federal Direct Consolidation Loan. (ii) Special rules for joint borrowers The Secretary shall allow the borrowers of a Joint Consolidation Loan or a Joint Direct Consolidation Loan who are employed in a public service job to consolidate such loan into a Federal Direct Consolidation Loan in order to receive loan cancellation pursuant to this subsection. ; and (4) by striking paragraph (5), as redesignated by paragraph (2), and inserting the following: (5) Definitions In this subsection: (A) Eligible Federal direct loan The term eligible Federal Direct Loan means a Federal Direct Stafford Loan, Federal Direct Unsubsidized Loan, Federal Direct PLUS Loan (including such loan made on behalf of a student), or Federal Direct Consolidation Loan. (B) Full-time The term full-time , when used with respect to employment in public service, means working in public service employment in one or more jobs for a total of— (i) not less than 30 hours a week; (ii) in the case of any form of educational public service employment that is under a contract for not less than 8 months, not less than 30 hours per week during the contract period; or (iii) in the case of employment as an adjunct, contingent, or part-time faculty member, teacher, or lecturer who is paid solely for the credit hours taught at an institution of higher education, the equivalent of 30 hours per week determined by multiplying each credit or contract hour taught per week by 3.35. (C) Public service (i) In general The term public service means— (I) employment with a qualifying employer described in clause (i) or (ii) of subparagraph (D); (II) employment with a qualifying employer described in subparagraph (D)(iii) that— (aa) provides direct services to the public through its employees; and (bb) has devoted a majority of its full-time equivalent employees to working in not less than 1 of the following areas: (AA) Early childhood education programs. (BB) Emergency management. (CC) Law enforcement. (DD) Military service. (EE) Other school-based services. (FF) Public education (including higher education). (GG) Public health. (HH) Public interest law services. (II) Public library services. (JJ) Public safety. (KK) Public services for individuals with disabilities or public services for the elderly. (LL) School library services; (III) satisfactory service as a Peace Corps volunteer in accordance with section 5 of the Peace Corps Act ( 22 U.S.C. 2504 ); or (IV) successful service as a participant in a position described in section 123 of the National and Community Service Act of 1990 ( 42 U.S.C. 12573 ). (ii) Additional definitions For purposes of clause (i): (I) Emergency management services The term emergency management services means services that help remediate, lessen, or eliminate the effects or potential effects of emergencies that threaten human life or health or real property. (II) Law enforcement The term law enforcement means services performed by an employee of a public service organization that is publicly funded and whose principal activities pertain to crime prevention, control or reduction of crime, or the enforcement of criminal law. (III) Military service The term military service means providing service to or on behalf of members, veterans, or the families or survivors of members or veterans of the Armed Forces, including the National Guard, that is provided to a person because of the person’s status in the Armed Forces or National Guard. (IV) Other school-based services The term other school-based services means an employee of a State, or of any political division of a State, or an employee of a nonprofit organization, who works in any grade from prekindergarten through grade 12 in any of the following occupational specialties: (aa) Paraprofessional services, including paraeducator services. (bb) Clerical and administrative services. (cc) Transportation services. (dd) Food and nutrition services. (ee) Custodial and maintenance services. (ff) Security services. (gg) Health and student services. (hh) Technical services. (ii) Skilled trades. (V) Public education The term public education means— (aa) the provision of educational enrichment or support to students in a school or a school-like setting, including teaching; and (bb) teaching as a full-time faculty member at a Tribal College or University, as defined in section 316(b), and other faculty teaching in high-needs subject areas or areas of shortage (including nurse faculty, foreign language faculty, and part-time faculty at community colleges), as determined by the Secretary. (VI) The term public health means— (aa) services provided by physicians, nurses (including nurses in a clinical setting), and nurse practitioners; and (bb) services provided by health care practitioner occupations, health care support occupations, and counselors, social workers, and other community and social service specialist occupations, as those terms are defined by the Bureau of Labor Statistics. (VII) The term public interest law means legal services or legal advocacy provided by a nonprofit organization, but excludes services provided by individuals who are registered lobbyists at the Federal, State, or local level. (VIII) The term public library services means the operation of public libraries or services that support their operation. (IX) The term public safety services means services that seek to prevent the need for emergency management services. (X) The term public services for individuals with disabilities means services performed for, or to assist, individuals with disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 )) that is provided to an individual because of the individual's status as an individual with a disability. (XI) The term public service for the elderly means services that are provided to individuals who are aged 59.5 years or older and that are provided to an individual because of the individual's status as an individual of that age, including services related to retirement plans, pensions, social security, retiree health plans, or Medicaid. (XII) The term school library services means the operations of school libraries or services that support their operation. (D) Qualifying employer The term qualifying employer means— (i) a Federal, State, Tribal, local, intergovernmental, or regional governmental organization, agency, or entity based or headquartered in the United States, including the Armed Forces, National Guard, Merchant Marines, or Coast Guard; (ii) a nonprofit organization that is qualified under section 501(c)(3) of the Internal Revenue Code of 1986; or (iii) a nonprofit organization that is qualified under section 501(a) of such Code, with respect to an employee in public service employment. . 4. Loan forgiveness for teachers The Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ) is amended— (1) in section 428J(g)(2) ( 20 U.S.C. 1078–10(g)(2) )— (A) in subparagraph (A), by inserting or after the semicolon at the end; (B) by striking subparagraph (B); and (C) by redesignating subparagraph (C) as subparagraph (B); (2) in paragraph (7) of section 455(m) ( 20 U.S.C. 1087e(m) ), as amended by section 3(2), by striking both this subsection and section 428J, 428K, 428L, or 460 and inserting both this subsection and section 428K or 428L ; and (3) in section 460(g)(2) ( 20 U.S.C. 1087j(g)(2) )— (A) in subparagraph (A), by inserting or after the semicolon at the end; (B) by striking subparagraph (B); and (C) by redesignating subparagraph (C) as subparagraph (B). | https://www.govinfo.gov/content/pkg/BILLS-117s4581is/xml/BILLS-117s4581is.xml |
117-s-4582 | II 117th CONGRESS 2d Session S. 4582 IN THE SENATE OF THE UNITED STATES July 21, 2022 Mr. Van Hollen introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To remove obstacles to the ability of law enforcement officers to enforce gun safety laws, and for other purposes.
1. Short title This Act may be cited as the ATF Improvement and Modernization Act of 2022 or the AIM Act of 2022 . 2. Elimination of limitations relating to firearms trace data (a) Tiahrt amendments (1) Fiscal year 2012 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2012 ( 18 U.S.C. 923 note; Public Law 112–55 ; 125 Stat. 609) is amended by striking the sixth proviso. (2) Fiscal year 2010 The sixth proviso under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Consolidated Appropriations Act, 2010 ( 18 U.S.C. 923 note; Public Law 111–117 ; 123 Stat. 3128) is amended by striking beginning in fiscal year 2010 and thereafter and inserting in fiscal year 2010 . (3) Fiscal year 2009 The sixth proviso under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Omnibus Appropriations Act, 2009 ( 18 U.S.C. 923 note; Public Law 111–8 ; 123 Stat. 575) is amended by striking beginning in fiscal year 2009 and thereafter and inserting in fiscal year 2009 . (4) Fiscal year 2008 The sixth proviso under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Consolidated Appropriations Act, 2008 ( 18 U.S.C. 923 note; Public Law 110–161 ; 121 Stat. 1903) is amended by striking beginning in fiscal year 2008 and thereafter and inserting in fiscal year 2008 . (5) Fiscal year 2006 The sixth proviso under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title I of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 ( 18 U.S.C. 923 note; Public Law 109–108 ; 119 Stat. 2295) is amended by striking under this or any other Act with respect to any fiscal year and inserting under this Act . (6) Fiscal year 2005 The sixth proviso under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title I of division B of the Consolidated Appropriations Act, 2005 ( 18 U.S.C. 923 note; Public Law 108–447 ; 118 Stat. 2859) is amended by striking under this or any other Act with respect to any fiscal year and inserting under this Act . (b) Prohibition on use of firearms trace data To draw broad conclusions about firearms-Related crime Section 514 of division B of the Consolidated and Further Continuing Appropriations Act, 2013 ( 18 U.S.C. 923 note; Public Law 113–6 ; 127 Stat. 271) is repealed. 3. Elimination of prohibition on consolidation or centralization in the Department of Justice of firearms acquisition and disposition records maintained by Federal firearms licensees The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2012 ( 18 U.S.C. 923 note; Public Law 112–55 ; 125 Stat. 609) is amended by striking the first proviso. 4. Elimination of prohibition on imposition of requirement that firearms dealers conduct physical check of firearms inventory (a) Fiscal year 2013 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 ( 18 U.S.C. 923 note; Public Law 113–6 ; 127 Stat. 247) is amended by striking the fifth proviso. (b) Fiscal year 2012 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2012 ( Public Law 112–55 ; 125 Stat. 609) is amended by striking : Provided further , That no funds made available by this or any other Act shall be expended to promulgate or implement any rule requiring a physical inventory of any business licensed under section 923 of title 18, United States Code . (c) Fiscal year 2010 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2010 ( Public Law 111–117 ; 123 Stat. 3128) is amended by striking the seventh proviso. (d) Fiscal year 2009 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Omnibus Appropriations Act, 2009 ( Public Law 111–8 ; 123 Stat. 574) is amended by striking the seventh proviso. (e) Fiscal year 2008 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Consolidated Appropriations Act, 2008 ( Public Law 110–161 ; 121 Stat. 1903) is amended by striking the seventh proviso. (f) Fiscal year 2006 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title I of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 ( Public Law 109–108 ; 119 Stat. 2295) is amended by striking the seventh proviso. (g) Fiscal year 2005 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title I of division B of the Consolidated Appropriations Act, 2005 ( Public Law 108–447 ; 118 Stat. 2859) is amended by striking the seventh proviso. (h) Fiscal year 2004 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title I of division B of the Consolidated Appropriations Act, 2004 ( Public Law 108–199 ; 118 Stat. 52) is amended by striking the seventh proviso. 5. Elimination of requirement that instant check records be destroyed within 24 hours (a) Fiscal year 2012 Section 511 of division B of the Consolidated and Further Continuing Appropriations Act, 2012 ( 34 U.S.C. 40901 note; Public Law 112–55 ; 125 Stat. 632) is amended— (1) by striking — and all that follows through (1) ; and (2) by striking the semicolon and all that follows and inserting a period. (b) Fiscal year 2010 Section 511 of division B of the Consolidated Appropriations Act, 2010 ( Public Law 111–117 ; 123 Stat. 3151) is amended— (1) by striking — and all that follows through (1) ; and (2) by striking the semicolon and all that follows and inserting a period. (c) Fiscal year 2009 Section 511 of division B of the Omnibus Appropriations Act, 2009 ( Public Law 111–8 ; 123 Stat. 596) is amended— (1) by striking — and all that follows through (1) ; and (2) by striking the semicolon and all that follows and inserting a period. (d) Fiscal year 2008 Section 512 of division B of the Consolidated Appropriations Act, 2008 ( Public Law 110–161 ; 121 Stat. 1926) is amended— (1) by striking — and all that follows through (1) ; and (2) by striking the semicolon and all that follows and inserting a period. (e) Fiscal year 2006 Section 611 of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 ( Public Law 119–108 ; 119 Stat. 2336) is amended— (1) by striking — and all that follows through (1) ; and (2) by striking the semicolon and all that follows and inserting a period. (f) Fiscal year 2005 Section 615 of division B of the Consolidated Appropriations Act, 2005 ( Public Law 108–447 ; 118 Stat. 2915) is amended— (1) by striking — and all that follows through (1) ; and (2) by striking the semicolon and all that follows and inserting a period. (g) Fiscal year 2004 Section 617 of division B of the Consolidated Appropriations Act, 2004 ( Public Law 108–199 ; 118 Stat. 95) is amended— (1) by striking (a) ; (2) by striking — and all that follows through (1) ; and (3) by striking the semicolon and all that follows and inserting a period. 6. Elimination of prohibition on processing of Freedom of Information Act requests about arson or explosives incidents or firearm traces Section 644 of division J of the Consolidated Appropriations Resolution, 2003 ( 5 U.S.C. 552 note; Public Law 108–7 ; 117 Stat. 473) is repealed. 7. Elimination of prohibitions relating to curios or relics and importation of surplus military firearms (a) Fiscal year 2022 Section 536 of division B of the Consolidated Appropriations Act, 2022 ( Public Law 117–103 ; 136 Stat. 152) is repealed. (b) Fiscal year 2020 Section 538 of division B of the Consolidated Appropriations Act, 2020 ( Public Law 116–93 ; 133 Stat. 2433) is repealed. (c) Fiscal year 2019 Section 517 of division C of the Consolidated Appropriations Act, 2019 ( Public Law 116–6 ; 133 Stat. 133) is repealed. (d) Fiscal year 2013 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 ( 18 U.S.C. 921 note; Public Law 113–6 ; 127 Stat. 247) is amended by striking the first proviso. 8. Elimination of prohibition on denial of federal firearms license due to lack of business activity (a) Fiscal year 2013 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 ( 18 U.S.C. 923 note; Public Law 113–6 ; 127 Stat. 247) is amended by striking : Provided further , That, in the current fiscal year and any fiscal year thereafter, no funds authorized or made available under this or any other Act may be used to deny any application for a license and all that follows through Internal Revenue Code of 1986 . (b) Fiscal year 2012 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2012 ( Public Law 112–55 ; 125 Stat. 609) is amended by striking : Provided further , That no funds authorized or made available under this or any other Act may be used to deny any application for a license and all that follows through Internal Revenue Code of 1986 . (c) Fiscal year 2010 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2010 ( Public Law 111–117 ; 123 Stat. 3128) is amended by striking : Provided further , That no funds authorized or made available under this or any other Act may be used to deny any application for a license and all that follows through Internal Revenue Code of 1986 . (d) Fiscal year 2009 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Omnibus Appropriations Act, 2009 ( Public Law 111–8 ; 123 Stat. 574) is amended by striking : Provided further , That no funds authorized or made available under this or any other Act may be used to deny any application for a license and all that follows through Internal Revenue Code of 1986 . (e) Fiscal year 2008 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Consolidated Appropriations Act, 2008 ( Public Law 110–161 ; 121 Stat. 1903) is amended by striking : Provided further , That no funds authorized or made available under this or any other Act may be used to deny any application for a license and all that follows through Internal Revenue Code of 1986 . (f) Fiscal year 2006 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title I of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 ( Public Law 109–108 ; 119 Stat. 2295) is amended by striking : Provided further , That no funds authorized or made available under this or any other Act may be used to deny any application for a license and all that follows through Internal Revenue Code of 1986 . (g) Fiscal year 2005 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title I of division B of the Consolidated Appropriations Act, 2005 ( Public Law 108–447 ; 118 Stat. 2859) is amended by striking : Provided further , That no funds authorized or made available under this or any other Act may be used to deny any application for a license and all that follows through Internal Revenue Code of 1986 . 9. Elimination of prohibition on the transfer of the functions, missions, or activities of the Bureau of Alcohol, Tobacco, Firearms and Explosives to other agencies or departments (a) Fiscal year 2022 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Consolidated Appropriations Act, 2022 ( Public Law 117–103 ; 136 Stat. 118) is amended by striking the third proviso. (b) Fiscal year 2020 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Consolidated Appropriations Act, 2020 ( Public Law 116–93 ; 133 Stat. 2402) is amended by striking the third proviso. (c) Fiscal year 2019 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division C of the Consolidated Appropriations Act, 2019 ( Public Law 116–6 ; 133 Stat. 107) is amended by striking the third proviso. (d) Fiscal year 2018 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Consolidated Appropriations Act, 2018 ( Public Law 115–141 ; 132 Stat. 415) is amended by striking the third proviso. (e) Fiscal year 2017 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Consolidated Appropriations Act, 2017 ( Public Law 115–31 ; 131 Stat. 198) is amended by striking the third proviso. (f) Fiscal year 2016 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Consolidated Appropriations Act, 2016 ( Public Law 114–113 ; 129 Stat. 2301) is amended by striking the third proviso. (g) Fiscal year 2015 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2015 ( Public Law 113–235 ; 128 Stat. 2187) is amended by striking the third proviso. (h) Fiscal year 2014 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Consolidated Appropriations Act, 2014 ( Public Law 113–76 ; 128 Stat. 56) is amended by striking the third proviso. (i) Fiscal year 2013 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 ( Public Law 113–6 ; 127 Stat. 247) is amended by striking : Provided further , That no funds made available by this or any other Act may be used to transfer the functions, missions, or activities of the Bureau of Alcohol, Tobacco, Firearms and Explosives to other agencies or Departments . (j) Fiscal year 2012 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2012 ( Public Law 112–55 ; 125 Stat. 609) is amended by striking : Provided further , That no funds made available by this or any other Act may be used to transfer the functions, missions, or activities of the Bureau of Alcohol, Tobacco, Firearms and Explosives to other agencies or Departments . 10. Elimination of prohibition on searching computerized records of federally licensed firearms dealers who are out of business The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2012 ( 18 U.S.C. 923 note; Public Law 112–55 ; 125 Stat. 610) is amended by striking : Provided further , That, hereafter, no funds made available by this or any other Act may be used to electronically retrieve information gathered pursuant to 18 U.S.C. 923(g)(4) by name or any personal identification code . 11. Elimination of prohibition on denying, or failing to act on, application to import certain shotgun models on the basis that the shotgun was not particularly suitable for or readily adaptable to sporting purposes (a) Fiscal year 2022 Section 537 of division B of the Consolidated Appropriations Act, 2022 ( Public Law 117–103 ; 136 Stat. 152) is repealed. (b) Fiscal year 2020 Section 539 of division B of the Consolidated Appropriations Act, 2020 ( Public Law 116–93 ; 133 Stat. 2433) is repealed. (c) Fiscal year 2019 Section 531 of division C of the Consolidated Appropriations Act, 2019 ( Public Law 116–6 ; 133 Stat. 137) is repealed. 12. Elimination of limits on frequency of recordkeeping inspections of inventory and records of Federal firearms licensees Section 923(g)(1)(B)(ii) of title 18, United States Code, is amended to read as follows: (ii) for ensuring compliance with the recordkeeping requirements of this chapter; or . 13. Revising standard for Federal firearm license revocation from willful violation to knowing violation (a) In general Section 923(e) of title 18, United States Code, is amended by striking willfully each place the term appears and inserting knowingly . (b) Technical amendment The third sentence of section 923(e) of title 18, United States Code, is amended by striking Secretary’s and inserting Attorney General’s . 14. Elimination of de novo review and of opportunity to rely on evidence not previously considered Section 923(f)(3) of title 18, United States Code, is amended— (1) in the second sentence, by striking de novo ; and (2) in the third sentence, by striking any evidence submitted by the parties to the proceeding whether or not such evidence and inserting only evidence that . 15. Revising standards for eligibility of Federal firearms licensees Section 923(d)(1) of title 18, United States Code, is amended by striking willfully each place the term appears and inserting knowingly . | https://www.govinfo.gov/content/pkg/BILLS-117s4582is/xml/BILLS-117s4582is.xml |
117-s-4583 | II 117th CONGRESS 2d Session S. 4583 IN THE SENATE OF THE UNITED STATES July 21, 2022 Ms. Hirono (for herself, Ms. Smith , and Mr. Merkley ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title II of the Social Security Act and the Internal Revenue Code of 1986 to make improvements in the old-age, survivors, and disability insurance program, and to provide for Social Security benefit protection.
1. Short title and table of contents (a) Short title This Act may be cited as the Protecting and Preserving Social Security Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title and table of contents. Title I—Cost-of-Living Increases Sec. 101. Consumer Price Index for Elderly Consumers. Sec. 102. Computation of cost-of-living increases. Title II—Contribution and benefit fairness Sec. 201. Determination of wages and self-employment income above contribution and benefit base after 2022. Sec. 202. Inclusion of surplus earnings in Social Security benefit formula. Sec. 203. Preventing an unintended drop in benefits relating to the application of the National Average Wage Index. Title III—Benefit Adjustment of Social Security Income Compensation Sec. 301. Continuation of benefits through month of beneficiary’s death. I Cost-of-Living Increases 101. Consumer Price Index for Elderly Consumers (a) In General The Bureau of Labor Statistics of the Department of Labor shall prepare and publish an index for each calendar month to be known as the Consumer Price Index for Elderly Consumers that indicates changes over time in expenditures for consumption which are typical for individuals in the United States who are 62 years of age or older. (b) Effective Date Subsection (a) shall apply with respect to calendar months ending on or after July 31 of the calendar year following the calendar year in which this Act is enacted. (c) Authorization of Appropriations There are authorized to be appropriated such sums as are necessary to carry out the provisions of this section. 102. Computation of cost-of-living increases (a) In general Section 215(i)(1) of the Social Security Act ( 42 U.S.C. 415(i)(1) ) is amended by adding at the end the following new subparagraph: (H) the term Consumer Price Index means the Consumer Price Index for Elderly Consumers (CPI–E, as published by the Bureau of Labor Statistics of the Department of Labor). . (b) Application to pre-1979 law (1) In general Section 215(i)(1) of the Social Security Act as in effect in December 1978, and as applied in certain cases under the provisions of such Act as in effect after December 1978, is amended by adding at the end the following new subparagraph: (D) the term Consumer Price Index means the Consumer Price Index for Elderly Consumers (CPI–E, as published by the Bureau of Labor Statistics of the Department of Labor). . (2) Conforming amendment Section 215(i)(4) of the Social Security Act ( 42 U.S.C. 415(i)(4) ) is amended by inserting and by section 102 of the Protecting and Preserving Social Security Act after 1986 . (c) No effect on adjustments under other laws Section 215(i) of the Social Security Act ( 42 U.S.C. 415(i) ) is amended by adding at the end the following: (6) Any provision of law (other than in this title or title XVI) which provides for adjustment of an amount based on a change in benefit amounts resulting from a determination made under this subsection shall be applied and administered without regard to the amendments made by section 102 of the Protecting and Preserving Social Security Act . . (d) No effect on eligibility for SSI and Medicaid Any increase to an individual’s monthly benefit amount under title II of the Social Security Act as a result of the amendments made by this section shall not be regarded as income or resources for any subsequent month, for purposes of determining the eligibility of the recipient (or the recipient's spouse or family) for benefits or assistance, or the amount or extent of benefits or assistance, under the Supplemental Security Income program or the Medicaid program. (e) Effective date The amendments made by this section shall apply to determinations made with respect to cost-of-living computation quarters (as defined in section 215(i)(1)(B) of the Social Security Act ( 42 U.S.C. 415(i)(1)(B) )) ending on or after September 30 of the second calendar year following the calendar year in which this Act is enacted. II Contribution and benefit fairness 201. Determination of wages and self-employment income above contribution and benefit base after 2022 (a) Determination of wages above contribution and benefit base after 2022 (1) Amendments to the Internal Revenue Code of 1986 Section 3121 of the Internal Revenue Code of 1986 is amended— (A) in subsection (a)(1), by inserting the applicable percentage (determined under subsection (c)(1)) of before that part of the remuneration , and (B) in subsection (c), by striking (c) Included and excluded service.— For purposes of this chapter, if and inserting the following: (c) Special rules for wages and employment (1) Applicable percentage of remuneration in determining wages For purposes of paragraph (1) of subsection (a), the applicable percentage for a calendar year, in connection with any calendar year referred to in such paragraph, shall be the percentage determined in accordance with the following table: The applicable In the case of: percentage is: Calendar year 2023 86 Calendar year 2024 71 Calendar year 2025 57 Calendar year 2026 43 Calendar year 2027 29 Calendar year 2028 14 Calendar years after 2028 0. (2) Included and excluded service For purposes of this chapter, if . (2) Amendments to the Social Security Act Section 209 of the Social Security Act ( 42 U.S.C. 409 ) is amended— (A) in subsection (a)(1)— (i) in subparagraph (I)— (I) by inserting and before 2023 after 1974 ; and (II) by inserting and after the semicolon; and (ii) by adding at the end the following new subparagraph: (J) The applicable percentage (determined under subsection (l)) of that part of remuneration which, after remuneration (other than remuneration referred to in the succeeding subsections of this section) equal to the contribution and benefit base (determined under section 230) with respect to employment has been paid to an individual during any calendar year after 2022 with respect to which such contribution and benefit base is effective, is paid to such individual during such calendar year; ; and (B) by adding at the end the following new subsection: (l) For purposes of subparagraph (J) of subsection (a)(1), the applicable percentage for a calendar year, in connection with any calendar year referred to in such subparagraph, shall be the percentage determined in accordance with the following table: The applicable In the case of: percentage is: Calendar year 2023 86 Calendar year 2024 71 Calendar year 2025 57 Calendar year 2026 43 Calendar year 2027 29 Calendar year 2028 14 Calendar years after 2028 0. . (3) Effective date The amendments made by this subsection shall apply with respect to remuneration paid in calendar years after 2022. (b) Determination of self-Employment income above contribution and benefit base after 2022 (1) Amendments to the Internal Revenue Code of 1986 Section 1402 of the Internal Revenue Code of 1986 is amended— (A) in subsection (b)(1), by inserting an amount equal to the applicable percentage (as determined under subsection (d)(2)) of before that part of the net earnings from self-employment , and (B) in subsection (d)— (i) by striking (d) Employee and wages.— The term and inserting the following: (d) Rules and definitions (1) Employee and wages The term , and (ii) by adding at the end the following: (2) Applicable percentage of net earnings from self-employment in determining self-employment income For purposes of paragraph (1) of subsection (b), the applicable percentage for a taxable year beginning in any calendar year referred to in such paragraph shall be the percentage determined in accordance with the following table: The applicable In the case of: percentage is: Calendar year 2023 86 Calendar year 2024 71 Calendar year 2025 57 Calendar year 2026 43 Calendar year 2027 29 Calendar year 2028 14 Calendar years after 2028 0. . (2) Amendments to the Social Security Act Section 211 of the Social Security Act ( 42 U.S.C. 411 ) is amended— (A) in subsection (b)— (i) in paragraph (1)(I)— (I) by striking or after the semicolon; and (II) by inserting and before 2023 after 1974 ; (ii) by redesignating paragraph (2) as paragraph (3); and (iii) by inserting after paragraph (1) the following new paragraph: (2) For any taxable year beginning in any calendar year after 2022, an amount equal to the applicable percentage (as determined under subsection (l)) of that part of net earnings from self-employment which is in excess of (A) an amount equal to the contribution and benefit base (determined under section 230) that is effective for such calendar year, minus (B) the amount of the wages paid to such individual during such taxable year; or ; and (B) by adding at the end the following: (l) For purposes of paragraph (2) of subsection (b), the applicable percentage for a taxable year beginning in any calendar year referred to in such paragraph, shall be the percentage determined in accordance with the following table: The applicable In the case of: percentage is: Calendar year 2023 86 Calendar year 2024 71 Calendar year 2025 57 Calendar year 2026 43 Calendar year 2027 29 Calendar year 2028 14 Calendar years after 2028 0. . (3) Effective date The amendments made by this subsection shall apply with respect to taxable years beginning during or after calendar year 2023. 202. Inclusion of surplus earnings in Social Security benefit formula (a) Inclusion of surplus average indexed monthly earnings in determination of primary insurance amounts (1) In general Section 215(a)(1)(A) of the Social Security Act ( 42 U.S.C. 415(a)(1)(A) ) is amended— (A) in clauses (i), (ii), and (iii), by inserting basic before average indexed monthly earnings each place it appears; (B) in clause (ii), by striking and at the end; and (C) by inserting after clause (iii) the following new clauses: (iv) 3 percent of the individual’s surplus average indexed monthly earnings to the extent such surplus average indexed monthly earnings do not exceed the excess of the amount established for purposes of this clause by subparagraph (B) over 1/12 of the contribution and benefit base for the last of such individual’s computation base years, and (v) 0.25 percent of the sum of the individual’s surplus average indexed monthly earnings plus 1/12 of the contribution and benefit base for the last of such individual’s computation base years, to the extent such sum exceeds the amount established for purposes of clause (iv) by subparagraph (B). . (2) Bend point for surplus earnings Section 215(a)(1)(B) of such Act ( 42 U.S.C. 415(a)(1)(B) ) is amended— (A) in clause (ii), by striking the amounts so established and inserting the amounts established for purposes of clauses (i) and (ii) of subparagraph (A) ; (B) by redesignating clause (iii) as clause (v); (C) in clause (v) (as redesignated), by inserting or (iv) after clause (ii) ; and (D) by inserting after clause (ii) the following new clauses: (iii) For individuals who initially become eligible for old-age or disability insurance benefits, or who die (before becoming eligible for such benefits), in the calendar year 2023, the amount established for purposes of clause (iv) of subparagraph (A) shall be $8,933. (iv) For individuals who initially become eligible for old-age or disability insurance benefits, or who die (before becoming eligible for such benefits), in any calendar year after 2023, the amount established for purposes of clause (iv) of subparagraph (A) shall equal the product of the amount established with respect to the calendar year 2023 under clause (iii) of this subparagraph and the quotient obtained by dividing— (I) (aa) the national average wage index (as defined in section 209(k)(1)) for the second calendar year preceding the calendar year for which the determination is made, or (bb) if higher (and if such second calendar year is after 2023), the highest national average wage index (as so defined) for any calendar year before such second calendar year, by (II) the national average wage index (as so defined) for 2018. . (b) Basic AIME and surplus AIME (1) Basic AIME Section 215(b)(1) of such Act ( 42 U.S.C. 415(b)(1) ) is amended— (A) by inserting basic before average ; and (B) in subparagraph (A), by striking paragraph (3) and inserting paragraph (3)(A) and by inserting before the comma the following: to the extent such total does not exceed the contribution and benefit base for the applicable year . (2) Surplus AIME (A) In general Section 215(b)(1) of such Act (as amended by paragraph (1)) is amended— (i) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (ii) by inserting (A) after (b)(1) ; and (iii) by adding at the end the following new subparagraph: (B) (i) An individual’s surplus average indexed monthly earnings shall be equal to the quotient obtained by dividing— (I) the total (after adjustment under paragraph (3)(B)) of such individual’s surplus earnings (determined under clause (ii)) for such individual’s benefit computation years (determined under paragraph (2)), by (II) the number of months in those years. (ii) For purposes of clause (i) and paragraph (3)(B), an individual’s surplus earnings for a benefit computation year are the total of such individual’s wages paid in and self-employment income credited to such benefit computation year, to the extent such total (before adjustment under paragraph (3)(B)) exceeds the contribution and benefit base for such year. . (B) Conforming amendment The heading for section 215(b) of such Act is amended by striking Average Indexed Monthly Earnings and inserting Basic Average Indexed Monthly Earnings; Surplus Average Indexed Monthly Earnings . (3) Adjustment of surplus earnings for purposes of determining surplus AIME Section 215(b)(3) of such Act ( 42 U.S.C. 415(b)(3) ) is amended— (A) in subparagraph (A), by striking subparagraph (B) and inserting subparagraph (C) and by inserting and determination of basic average indexed monthly income after paragraph (2) ; (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following new subparagraph: (B) For purposes of determining under paragraph (1)(B) an individual’s surplus average indexed monthly earnings, the individual’s surplus earnings (described in paragraph (2)(B)(ii)) for a benefit computation year shall be deemed to be equal to the product of— (i) the individual’s surplus earnings for such year (as determined without regard to this subparagraph), and (ii) the quotient described in subparagraph (A)(ii). . (c) Effective date The amendments made by this section shall apply with respect to individuals who initially become eligible (within the meaning of section 215(a)(3)(B) of the Social Security Act) for old-age or disability insurance benefits under title II of the Social Security Act, or who die (before becoming eligible for such benefits), in any calendar year after 2022. 203. Preventing an unintended drop in benefits relating to the application of the National Average Wage Index (a) Modifications related to computation of primary insurance amount Section 215 of the Social Security Act ( 42 U.S.C. 415 ) is amended— (1) in subsection (a)(1)(B)(ii)(I)— (A) in subclause (I)— (i) by striking the national and inserting (aa) the national ; and (ii) by striking , by at the end and inserting ; or ; and (B) by adding at the end of subclause (I) the following: (bb) if higher (and if such second calendar year is after 2022), the highest national average wage index (as so defined) for any calendar year before such second calendar year, by ; and (2) in subsection (b)(3)(A)(ii)— (A) in subclause (I)— (i) by striking the national and inserting (aa) the national ; and (ii) by striking , by at the end and inserting ; or ; and (B) by adding at the end of subclause (I) the following: (bb) if higher (and if such second calendar year is after 2022), the highest national average wage index (as so defined) for any calendar year before such second calendar year, by . (b) Modification related to reduction of benefits based on disability Section 224(f)(2)(B)(i) of such Act ( 42 U.S.C. 424(f)(2)(B)(i) ) is amended by inserting (or if higher (and if such calendar year is after 2022), the highest national average wage index (as so defined) for any calendar year before such calendar year) after made . III Benefit Adjustment of Social Security Income Compensation 301. Continuation of benefits through month of beneficiary’s death (a) In general (1) Old-Age insurance benefits Section 202(a) of the Social Security Act ( 42 U.S.C. 402(a) ) is amended by striking the month preceding in the matter following subparagraph (B). (2) Wife’s insurance benefits (A) In general Section 202(b)(1) of such Act ( 42 U.S.C. 402(b)(1) ) is amended— (i) by striking and ending with the month in the matter immediately following clause (ii) and inserting and ending with the month in which she dies or (if earlier) with the month ; (ii) by striking subparagraph (E); and (iii) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (B) Conforming amendment Section 202(b)(4)(B) of such Act ( 42 U.S.C. 402(b)(4)(B) ) is amended by striking (E), (F), (H), or (J) and inserting (E), (G), or (I) . (3) Husband’s insurance benefits (A) In general Section 202(c)(1) of such Act ( 42 U.S.C. 402(c)(1) ) is amended— (i) by striking and ending with the month in the matter immediately following clause (ii) and inserting and ending with the month in which he dies or (if earlier) with the month ; (ii) by striking subparagraph (E); and (iii) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (B) Conforming amendment Section 202(c)(4)(B) of such Act ( 42 U.S.C. 402(c)(4)(B) ) is amended by striking (E), (F), (H), or (J) and inserting (E), (G), or (I) . (4) Child’s insurance benefits Section 202(d)(1) of such Act ( 42 U.S.C. 402(d)(1) ) is amended— (A) by striking and ending with the month in the matter immediately preceding subparagraph (D) and inserting and ending with the month in which such child dies or (if earlier) with the month ; and (B) by striking dies, or in subparagraph (D). (5) Widow’s insurance benefits Section 202(e)(1) of such Act ( 42 U.S.C. 402(e)(1) ) is amended by striking ending with the month preceding the first month in which any of the following occurs: she remarries, dies, becomes entitled in the matter following subparagraph (F) and inserting ending with the month in which she dies or (if earlier) the month preceding the earliest of the first month in which she remarries, the month in which she becomes entitled . (6) Widower’s insurance benefits Section 202(f)(1) of such Act ( 42 U.S.C. 402(f)(1) ) is amended by striking ending with the month preceding the first month in which any of the following occurs: he remarries, dies, or becomes entitled in the matter following subparagraph (F) and inserting ending with the month in which he dies or (if earlier) the month preceding the earliest of the first month in which he remarries, the month in which he becomes entitled . (7) Mother’s and father’s insurance benefits Section 202(g)(1) of such Act ( 42 U.S.C. 402(g)(1) ) is amended— (A) by inserting the month in which he or she dies or (if earlier) after and ending with in the matter following subparagraph (F); and (B) by striking he or she remarries, or he or she dies and inserting or he or she remarries . (8) Parent’s insurance benefits Section 202(h)(1) of such Act ( 42 U.S.C. 402(h)(1) ) is amended by striking ending with the month preceding the first month in which any of the following occurs: such parent dies, marries, in the matter following subparagraph (E) and inserting ending with the month in which such parent dies or (if earlier) the month preceding the first month in which such parent marries . (9) Disability insurance benefits Section 223(a)(1) of such Act ( 42 U.S.C. 423(a)(1) ) is amended by striking ending with the month preceding whichever of the following months is the earliest: the month in which he dies, in the matter following subparagraph (D) and inserting the following: ending with the month in which he dies or (if earlier) with the month preceding the earlier of and by striking the comma after 216(l)) . (10) Benefits at age 72 for certain uninsured individuals Section 228(a) of such Act ( 42 U.S.C. 428(a) ) is amended by striking the month preceding in the matter following paragraph (4). (b) Computation and payment of last monthly payment (1) Old-Age and survivors insurance benefits Section 202 of the Social Security Act ( 42 U.S.C. 402 ) is amended by adding at the end the following new subsection: (aa) Prorated payment due to death (1) Prorated payment for last month of entitlement In the case of any monthly insurance benefit paid to an individual under this section for the last month of entitlement to such benefit (in any case in which eligibility for such benefit ends because of such individual’s death in such month), the amount of such benefit under this section paid for such month shall be an amount equal to— (A) the amount of such benefit (as determined without regard to this subsection), multiplied by (B) a fraction— (i) the numerator of which is the number of days in such month preceding (but not including) the date of such individual’s death, and (ii) the denominator of which is the number of days in such month, rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Payment of such benefit for such month shall be made as provided in section 204(d). (2) Prorated payment for first month of entitlement In the case of any monthly insurance benefit paid to an individual under this section for the first month of entitlement to such benefit (in any case in which eligibility for such benefit begins because of the death in such month of another individual on whose wages and self-employment income such benefit are based), the amount of such benefit paid for such month shall be an amount equal to— (A) the amount of such benefit (as determined without regard to this subsection), multiplied by (B) a fraction— (i) the numerator of which is the number of days in such month following and including the date of the death of the individual on whose wages and self-employment income such benefit is based, and (ii) the denominator of which is the number of days in such month, rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Payment of such benefit for such month shall be made as provided in section 204(d). (3) Payable to estate Any monthly insurance benefit under this section for the month in which the individual entitled to such benefit dies shall be paid to the estate of the individual unless the individual has named another individual as the payee for such payment. . (2) Disability insurance benefits Section 223 of such Act ( 42 U.S.C. 423 ) is amended by adding at the end the following new subsection: (k) Last payment of benefit terminated by death (1) The amount of any individual’s monthly benefit under this section paid for the month in which the individual dies shall be an amount equal to— (A) the amount of such benefit (as determined without regard to this subsection), multiplied by (B) a fraction— (i) the numerator of which is the number of days in such month preceding (but not including) the date of such individual’s death, and (ii) the denominator of which is the number of days in such month, rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Payment of such benefit for such month shall be made as provided in section 204(d). (2) Any monthly insurance benefit under this section for the month in which the individual entitled to such benefit dies shall be paid to the estate of the individual unless the individual has named another individual as the payee for such payment. . (3) Benefits at age 72 for certain uninsured individuals Section 228 of such Act ( 42 U.S.C. 428 ) is amended by adding at the end the following new subsection: (i) Last payment of benefit terminated by death (1) The amount of any individual’s monthly benefit under this section paid for the month in which the individual dies shall be an amount equal to— (A) the amount of such benefit (as determined without regard to this subsection), multiplied by (B) a fraction— (i) the numerator of which is the number of days in such month preceding (but not including) the date of such individual’s death, and (ii) the denominator of which is the number of days in such month, rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Payment of such benefit for such month shall be made as provided in section 204(d). (2) Any monthly insurance benefit under this section for the month in which the individual entitled to such benefit dies shall be paid to the estate of the individual unless the individual has named another individual as the payee for such payment. . (c) Disregard of benefit for month of death under family maximum provisions Section 203(a) of the Social Security Act ( 42 U.S.C. 403(a) ) is amended by adding at the end the following new paragraph: (11) Notwithstanding any other provision of this Act, in applying the preceding provisions of this subsection (and determining maximum family benefits under column V of the table in or deemed to be in section 215(a) as in effect in December 1978) with respect to the month in which the insured individual’s death occurs, the benefit payable to such individual for that month shall be disregarded. . (d) Effective date The amendments made by this section shall apply with respect to deaths occurring in the first month beginning more than 60 days after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4583is/xml/BILLS-117s4583is.xml |
117-s-4584 | II 117th CONGRESS 2d Session S. 4584 IN THE SENATE OF THE UNITED STATES July 21, 2022 Mr. Merkley (for himself, Mrs. Feinstein , Mr. Whitehouse , Mr. Booker , and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To prohibit the use of M–44 devices, commonly known as cyanide bombs , on public land, and for other purposes.
1. Short title This Act may be cited as Canyon’s Law . 2. Findings Congress finds the following: (1) Sodium cyanide is the highly toxic pesticide active ingredient used in M–44 devices, also known as cyanide bombs , and is used to kill wolves, coyotes, foxes, and wild dogs suspected of preying on livestock and poultry. (2) Sodium cyanide is registered for restricted use under the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 et seq. ) as a Category One acute toxicant, the most hazardous Environmental Protection Agency classification available, due to the harm it poses to people and the environment. (3) Poisoning by sodium cyanide leads to central nervous system depression, cardiac arrest, respiratory failure, paralysis, and blindness. (4) The Environmental Protection Agency authorizes the use of M–44 devices nationwide, and in recent years, M–44s were used in Colorado, Idaho, North Dakota, Nebraska, New Mexico, Nevada, Oklahoma, Texas, Utah, Virginia, West Virginia, and Wyoming. (5) In 2017, an M–44 device exposed an Idaho child to a sublethal dose of sodium cyanide with subsequent short-term and long-term medical complications. Two Wyoming children were also exposed to the poison from another M–44 device. Three family dogs died in these two separate incidents. (6) The indiscriminate M–44 device commonly harms nontarget wildlife and people; at least 42 people have accidentally triggered a cyanide bomb causing exposure to cyanide gas and injuries since 1984. (7) M–44 devices kill targeted animals only 53 percent of the time. Thousands of nontarget species of animals have been killed by M–44s, including bald eagles, golden eagles, gray wolves, black bears, grizzly bears, bobcats, fishers, and family dogs. (8) Despite the United States Fish and Wildlife Service determining in 1993 that M–44 devices could kill endangered species like the California Condor, the use of the M–44 continues in areas where endangered species are found and continues to result in the deaths of endangered species. 3. Use of M–44 devices on public land prohibited (a) In general Preparing, placing, installing, setting, deploying, or otherwise using an M–44 device on public land is prohibited. (b) Removal Not later than 30 days after the date of the enactment of this Act, any Federal, State, or county agency that has prepared, placed, installed, set, or deployed an M–44 device on public land shall remove each such M–44 device from public land. (c) Definitions In this Act: (1) M–44 device (A) In general The term M–44 device means a device designed to propel sodium cyanide when triggered by an animal. (B) Common names The term M–44 device includes any device that may be commonly known as an M–44 ejector device or an M–44 predator control device . (2) Public land The term public land means any Federal land under the administrative jurisdiction of a public land management agency. (3) Public land management agency The term public land management agency means each of, or a combination of, the following: (A) The National Park Service. (B) The United States Fish and Wildlife Service. (C) The Bureau of Land Management. (D) The Bureau of Reclamation. (E) The Forest Service. | https://www.govinfo.gov/content/pkg/BILLS-117s4584is/xml/BILLS-117s4584is.xml |
117-s-4585 | II 117th CONGRESS 2d Session S. 4585 IN THE SENATE OF THE UNITED STATES July 21, 2022 Mr. Marshall introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Federal Insecticide, Fungicide, and Rodenticide Act to modify the pesticide registration process, and for other purposes.
1. Short title This Act may be cited as the EPA Transparency for Agriculture Products Act of 2022 . 2. Registration review Section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136a ) is amended— (1) in subsection (g)— (A) in paragraph (1)(A)— (i) by redesignating clauses (ii) through (v) as clauses (iii) through (vi), respectively; (ii) in clause (i), by striking the clause designation and heading and all that follows through The registrations and inserting the following: (i) Definition of nonvoluntary In this subparagraph, the term nonvoluntary means, with respect to an action of the Administrator as part of a registration review, that— (I) the registrant has not provided unbiased consent to the action; or (II) the registrant has provided consent to the action, but the Environmental Protection Agency has placed undue influence on the registrant to obtain the consent. (ii) Periodic review The registrations ; (iii) in clause (v) (as so redesignated), by striking clause (iii) and inserting clause (iv) ; (iv) in clause (vi) (as so redesignated)— (I) by striking No registration and inserting the following: (I) In general No registration ; and (II) by adding at the end the following: (II) Nonvoluntary cancellation In the case of a nonvoluntary cancellation of a registration as a result of the registration review process, the Administrator, with the concurrence of the Secretary of Agriculture, shall determine, prior to cancellation, whether there is a viable and affordable alternative to control the same target pest. ; and (v) by adding at the end the following: (vii) Logical outgrowth An interim or final decision issued as part of a registration review shall be a logical outgrowth of the applicable proposed interim decision. (viii) Review requirements (I) OMB review The Director of the Office of Management and Budget shall conduct an interagency review of any proposed interim, interim, or final registration decision regarding nonvoluntary, more restrictive changes to a pesticide label under a registration review. (II) Effective date An interim decision or final decision issued as part of a registration review regarding nonvoluntary, more restrictive changes to a pesticide label, including a revocation or cancellation of a registration, shall take effect 1 year after the date on which the interim decision or final decision, as applicable, and any comments submitted by the Secretary of Agriculture, are published in the Federal Register. (III) Guidance With respect to an interim or final decision that is subject to review under subclause (I), any guidance and any interim guidance, including question and answer, shall be issued 7 days after the date on which the decision is published in the Federal Register. (IV) Good faith review The Administrator shall not deny a label or labeling proposed by a registrant as part of a registration review without conducting a good faith review. (V) Review deadlines (aa) Limit on extensions The Administrator shall not extend the deadline for the final review of the label or labeling proposed by a registrant as part of a registration review for more than 2 60-day extensions. (bb) Deemed approval If the Administrator fails to take action on the label or labeling proposed by a registrant as part of a registration review before the final deadline established in accordance with item (aa), the proposed label or labeling shall be deemed approved. ; and (B) in paragraph (2), by adding at the end the following: (C) Agronomic use data The Administrator shall base any decision issued as part of the registration review process on Department of Agriculture agronomic use data, commercially available agronomic use data, and industry agronomic use data. ; and (2) by adding at the end the following: (i) Judicial review The following shall apply to the judicial review of a registration: (1) In issuing a decision that would result in more restrictive changes to a pesticide label, including a revocation or cancellation of a registration, the court shall allow the continued use of the registration through the following growing season. (2) Before issuing a decision that would result in more restrictive changes to a pesticide label, including a revocation or cancellation of a registration, the court shall conduct a de novo review to determine whether there is a viable and affordable alternative to control the same target pest. . 3. Scientific Advisory Panel Section 25(d)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136w(d)(1) ) is amended— (1) in the eighth sentence, by striking 12 nominees, 6 nominated by the National Institutes of Health and 6 by the National Science Foundation, and inserting 16 nominees, 6 of whom shall be nominated by the National Institutes of Health, 6 of whom shall be nominated by the National Science Foundation, and 4 of whom shall be nominated by the Secretary of Agriculture (of whom 2 shall be representative of the conventional agricultural industry and 2 shall be from agricultural land-grant universities and have a specialty in agronomy or crop production), ; and (2) in the nineteenth sentence, by striking the Environmental Research, Development, and Demonstration Authorization Act of 1978. and inserting section 8 of the Environmental Research, Development, and Demonstration Authorization Act of 1978 ( 42 U.S.C. 4365 ). . 4. Science Advisory Board Section 8(g) of the Environmental Research, Development, and Demonstration Authorization Act of 1978 ( 42 U.S.C. 4365(g) ) is amended— (1) by striking (g) In carrying and inserting the following: (g) Consultation and coordination with Scientific Advisory Panel (1) In general In carrying ; (2) in paragraph (1) (as so designated), by striking , as amended. and inserting ( 7 U.S.C. 136w ). ; and (3) by adding at the end the following: (2) Agriculture Science Committee The Agriculture Science Committee of the Board, in coordination with the Chief Economist of the Department of Agriculture, shall review any decision or advice issued by the Scientific Advisory Panel described in paragraph (1)— (A) to determine whether the decision or advice would have an economic impact of more than $100,000 on the agricultural industry; and (B) if the decision or advice would have an economic impact of more than $100,000 on the agricultural industry, to consider and describe that economic impact. . | https://www.govinfo.gov/content/pkg/BILLS-117s4585is/xml/BILLS-117s4585is.xml |
117-s-4586 | II 117th CONGRESS 2d Session S. 4586 IN THE SENATE OF THE UNITED STATES July 21, 2022 Mr. Cruz (for himself and Mr. Lankford ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To keep schools physically secure using unobligated Federal funds available to the Secretary of Education to respond to the coronavirus.
1. Short title This Act may be cited as the Protect Our Children's Schools Act . 2. Keeping schools physically secure The unobligated balance of funds made available to carry out section 18003 of division B of the CARES Act ( Public Law 116–136 ; 20 U.S.C. 3401 note), section 313 of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (division M of Public Law 116–260 ; 134 Stat. 1929), and section 2001 of the American Rescue Plan Act of 2021 ( Public Law 117–2 ; 20 U.S.C. 3401 note) shall be made available to local educational agencies to keep the elementary schools and secondary schools served by such agencies physically secure. | https://www.govinfo.gov/content/pkg/BILLS-117s4586is/xml/BILLS-117s4586is.xml |
117-s-4587 | II 117th CONGRESS 2d Session S. 4587 IN THE SENATE OF THE UNITED STATES July 21, 2022 Mrs. Gillibrand (for herself, Mr. Schumer , and Mr. Cardin ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To award a Congressional Gold Medal to Benjamin Berell Ferencz, in recognition of his service to the United States and international community during the post-World War II Nuremberg trials and lifelong advocacy for international criminal justice and rule of law.
1. Short title This Act may be cited as the Benjamin Berell Ferencz Congressional Gold Medal Act . 2. Findings Congress finds the following: (1) Benjamin Ben Berell Ferencz was born on March 11, 1920, in Transylvania, now modern day Hungary. (2) In 1920, Ben and his family fled anti-Semitic persecution and emigrated to the United States. Ben grew up in New York City, and in 1940, was awarded a scholarship to Harvard Law School where he graduated with honors. (3) After the onset of World War II, Ben enlisted in the United States Army in 1943, and joined an anti-aircraft artillery battalion preparing for the invasion of France. As an enlisted man under General Patton, he fought in most of the major campaigns in Europe. (4) As Nazi atrocities were uncovered, Ben was transferred to a newly created War Crimes Branch of the Army to gather evidence of war crimes that could be used in a court of law to prosecute persons responsible for these crimes. Ben documented the horrors perpetrated by Nazi Germany, visiting concentration camps as they were liberated. (5) At the end of 1945, Ben was honorably discharged from the United States Army with the rank of Sergeant of Infantry. He had been awarded 5 battle stars. (6) In 1946, the United States Government recruited Ben to join the team working on the Nuremberg tribunals, a novel independent court established to try top-ranking Nazi officials for crimes perpetrated during the course of the war, including those crimes we now call the Holocaust. Mr. Ferencz was sent to Berlin to oversee a team of 50 researchers investigating official Nazi records, which provided overwhelming evidence to implicate German doctors, lawyers, judges, generals, industrialists, and others in genocide. (7) By 1948, at age 27, Ben had secured enough evidence to prosecute 22 SS members of Nazi killing squads charged for the murder of over 1,000,0000 Jewish, Roma, Soviet, and other men, women, and children in shooting massacres in occupied Soviet territory. He was appointed chief prosecutor in the Einsatzgruppen Trial, in what the Associated Press called the biggest murder trial in history . The court found 20 Nazi officials guilty of war crimes, crimes against humanity, and membership in a criminal organization for their roles in the murder of over a million people. An additional 2 defendants were found guilty for membership in a criminal organization. (8) After the Nuremberg trials ended, Ben fought for compensation for victims and survivors of the Holocaust, the return of stolen assets, and other forms of restitution for those who had suffered at the hands of the Nazis. (9) Since the 1970s, Ben has worked tirelessly to promote development of international mechanisms to outlaw and punish aggressive war and the crimes of genocide, crimes against humanity and war crimes. His efforts contributed to the establishment of the International Criminal Court and to the recognition of aggression as an international crime. (10) Ben is a tireless advocate for international criminal justice and the conviction that the rule of law offers the world a sustainable path to stem conflict and reach peaceful conclusions to geopolitical disputes. His unwavering goal has been to establish a legal precedent that would encourage a more humane and secure world in the future . (11) Ben, at age 101, is still active, giving speeches throughout the world about lessons learned during his extraordinary career. He is compelled by the imperative to replace the rule of force with the rule of law , promoting judicial mechanisms that can resolve conflict. He often tells young people to never give up because the fight for peace and justice is worth the long struggle ahead. 3. Congressional gold medal (a) Presentation authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design to Benjamin Berell Ferencz, in recognition of his service to the United States and international community during the post-World War II Nuremberg trials and lifelong advocacy for international criminal justice and rule of law. (b) Design and striking For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. 4. Duplicate medals (a) In general The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses. (b) United States Holocaust Memorial Museum (1) In general The Secretary shall provide a duplicate bronze medal described under subsection (a) to the United States Holocaust Memorial Museum. (2) Sense of Congress It is the sense of Congress that the United States Holocaust Memorial Museum should make the duplicate medal received under this subsection available for display to the public whenever the United States Holocaust Memorial Museum determines that such display is timely, feasible, and practical. 5. Status of medals (a) National medals The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. 6. Authority to use fund amounts; proceeds of sale (a) Authority To use fund amounts There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck under this Act. (b) Proceeds of sale Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund. | https://www.govinfo.gov/content/pkg/BILLS-117s4587is/xml/BILLS-117s4587is.xml |
117-s-4588 | II 117th CONGRESS 2d Session S. 4588 IN THE SENATE OF THE UNITED STATES July 21, 2022 Ms. Rosen (for herself and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To establish a public-private partnership technology investment pilot program.
1. Short title This Act may be cited as the Investing in American Defense Technologies Act of 2022 . 2. Public-private partnership technology investment pilot program (a) Establishment (1) In general Subject to the availability of appropriations for this purpose, the Secretary of Defense shall carry out a pilot program, for no less than five years, to accelerate the development of advanced technology for national security by creating incentives for trusted private capital to invest in domestic small businesses or nontraditional businesses that are developing technology that the Secretary considers necessary to support the modernization of the Department of Defense and national security priorities. (2) Purposes The purposes of the program required by paragraph (1) are as follows: (A) To promote the global superiority of the United States in advanced technologies of importance to national security, which are not adequately supported by private sector investment. (B) To accelerate the transition and deployment of advanced technologies into the Armed Forces. (C) To support Department investment through a loan guarantee to accelerate acquisition, procurement, and the transition of advance technology described in paragraph (1), as appropriate. (b) Public-Private partnership (1) In general In carrying out subsection (a), the Secretary shall enter into a public-private partnership with one or more persons using criteria that the Secretary shall establish for purposes of this subsection. (2) Criteria The criteria established under paragraph (1) for entering into a public-private partnership with a person shall include the following: (A) The person shall be independent. (B) The person shall be free from foreign oversight, control, influence, or beneficial ownership. (C) The person shall have commercial private capital fund experience with technology development in the defense and commercial sectors. (D) The person shall be eligible for access to classified information (as defined in the procedures established pursuant to section 801(a) of the National Security Act of 1947 ( 50 U.S.C. 3161(a) )). (3) Operating agreement The Secretary and a person with whom the Secretary enters a partnership under paragraph (1) shall enter into an operating agreement that sets forth the roles, responsibilities, authorities, reporting requirements, and governance framework for the partnership and its operations. (c) Investment and raising of capital (1) Investment (A) In general Pursuant to a public-private partnership entered into under subsection (b), a person with whom the Secretary has entered the partnership shall invest equity in domestic small businesses or nontraditional businesses consistent with subsection (a). (B) Selection criteria Investments under subparagraph (A) shall be selected based on their technical merit, economic considerations, and ability to support modernization goals of the Department. (2) Use of trusted capital sources Pursuant to a public-private partnership entered into under subsection (b), a person described in paragraph (1)(A) shall, in order to support investment of equity under paragraph (1), raise private capital only from trusted capital sources. (3) Sole authority A person described in paragraph (1)(A) shall have sole authority to raise funds for, operate, manage, and invest capital raised under such subparagraph. (4) Loan guarantee (A) In general The Secretary shall provide a loan guarantee for up to 80 percent of the principal capital amount of the funds raised under paragraph (2), pursuant to the public-private partnership entered into under subsection (b), with investment of equity that qualifies under paragraph (1) and consistent with the purposes set forth under subsection (a)(2). (B) Subject to operating agreement The loan guarantee under subparagraph (A) shall be subject to the operating agreement entered into under subsection (b)(3). (C) Limits Obligations incurred by the Secretary under this paragraph shall be subject to the availability of appropriations. (d) Briefings (1) Implementation Not later than one year after the date of the enactment of this section, the Secretary shall provide to the congressional defense committees a briefing on the implementation of this section. (2) Assessment of outcomes and feasibility Not later than five years after the date of the enactment of this section, the Secretary shall provide the congressional defense committees a briefing on the outcomes of the pilot program and the feasibility and advisability of making it permanent. (e) Definitions In this section: (1) The term congressional defense committees has the meaning given the term in section 101(a)(16) of title 10, United States Code. (2) The term domestic business has the meaning given the term U.S. business in section 800.252 of title 31, Code of Federal Regulations, or successor regulation. (3) The term domestic small businesses or nontraditional businesses means— (A) a small businesses that is a domestic business; or (B) a nontraditional business that is a domestic business. (4) The term free from foreign oversight, control, influence, or beneficial ownership , with respect to a person, means a person who has not raised and managed capital from a person or entity that is not trusted and is otherwise free from foreign oversight, control, influence, or beneficial ownership. (5) The term independent , with respect to a person, means a person who lacks a conflict of interest accomplished by not having entity or manager affiliation or ownership with an existing fund. (6) The term nontraditional business has the meaning given the term nontraditional defense contractors in section 3014 of title 10, United States Code. (7) The term small business has the meaning given the term small business concern in section 3 of the Small Business Act ( 15 U.S.C. 632 ). | https://www.govinfo.gov/content/pkg/BILLS-117s4588is/xml/BILLS-117s4588is.xml |
117-s-4589 | II 117th CONGRESS 2d Session S. 4589 IN THE SENATE OF THE UNITED STATES July 21, 2022 Mr. Grassley introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to adjust certain credits and deductions for inflation.
1. Short title This Act may be cited as the Family and Community Inflation Relief Act of 2022 . 2. Child tax credit (a) In general Subsection (f) of section 24 of the Internal Revenue Code of 1986 is amended— (1) by striking Taxable year must be full taxable year .—Except and inserting “ Special rules .— (1) Taxable year must be full taxable year Except , and (2) by adding at the end the following new paragraph: (2) Adjustment for inflation (A) In general In the case of a taxable year beginning after 2021, the $1,000 amount in subsection (a) and each of the dollar amounts in subsection (b)(2) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting 2020 for 2016 in subparagraph (A)(ii) thereof. (B) Rounding If any increase under subparagraph (A)— (i) is not a multiple of $100, in the case of the amount in subsection (a), such increase shall be rounded to the next lowest multiple of $100, or (ii) is not a multiple of $1,000, in the case of the amounts in subsection (b)(2), such increase shall be rounded to the next lowest multiple of $1,000. . (b) Special rules for taxable years through 2025 (1) In general Subsection (h) of section 24 of such Code is amended by adding at the end the following new paragraph: (8) Adjustment for inflation (A) In general In the case of a taxable year beginning after 2021, the $2,000 amount in paragraph (2) and each of the dollar amounts in paragraph (3) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting 2020 for 2016 in subparagraph (A)(ii) thereof. (B) Rounding If any increase under subparagraph (A)— (i) is not a multiple of $100, in the case of the amount in paragraph (2), such increase shall be rounded to the next lowest multiple of $100, or (ii) is not a multiple of $1,000, in the case of the amounts in paragraph (3), such increase shall be rounded to the next lowest multiple of $1,000. . (2) Partial credit for certain other dependents Paragraph (4) of section 24(h) of such Code is amended by adding at the end the following new subparagraph: (D) Adjustment for inflation In the case of a taxable year beginning after 2021, the $500 amount in subparagraph (A) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting 2020 for 2016 in subparagraph (A)(ii) thereof. If any increase under this paragraph is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. 3. Credit for household and dependent care services (a) In general Subsection (e) of section 21 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (11) Adjustments for inflation (A) In general In the case of a taxable year beginning after 2021, the $15,000 amount in subsection (a)(2) and the $3,000 and $6,000 amounts in subsection (c) shall each be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting 2020 for 2016 in subparagraph (A)(ii) thereof. (B) Rounding If any increase under subparagraph (A)— (i) is not a multiple of $100, in the case of the amounts in subsection (c), such increase shall be rounded to the next lowest multiple of $100, or (ii) is not a multiple of $1,000, in the case of the amount in subsection (a)(2), such increase shall be rounded to the next lowest multiple of $1,000. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2021. 4. American Opportunity and Lifetime Learning Credits (a) American Opportunity Tax Credit Subsection (b) of section 25A of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (5) Adjustment for inflation In the case of a taxable year beginning after 2021, the $2,000 and $4,000 amounts in paragraph (1) shall each be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting 2020 for 2016 in subparagraph (A)(ii) thereof. If any increase under this paragraph is not a multiple of $100, such increase shall be rounded to the next lowest multiple of $100. . (b) Lifetime Learning Credit Subsection (c) of section 25A of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (3) Adjustment for inflation In the case of a taxable year beginning after 2021, the $10,000 amount in paragraph (1) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting 2020 for 2016 in subparagraph (A)(ii) thereof. If any increase under this paragraph is not a multiple of $100, such increase shall be rounded to the next lowest multiple of $100. . (c) Limitations based on modified adjusted gross income Subsection (d) of section 25A of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (3) Adjustment for inflation In the case of a taxable year beginning after 2021, each of the dollar amounts in paragraph (1) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting 2020 for 2016 in subparagraph (A)(ii) thereof. If any increase under this paragraph is not a multiple of $1,000, such increase shall be rounded to the next lowest multiple of $1,000. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. 5. Deduction for interest on education loans (a) In general Subsection (f) of section 221 of the Internal Revenue Code of 1986 is amended to read as follows: (f) Adjustments for inflation (1) In general In the case of a taxable year beginning after 2002, each of the dollar amounts in subsection (b) shall be increased by an amount equal to— (A) in the case of the $2,500 amount in subsection (b)(1) and the $15,000 and $30,000 amounts in subsection (b)(2)(B)(ii)— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting 2020 for 2016 in subparagraph (A)(ii) thereof, and (B) in the case of the $50,000 and $100,000 amounts in subsection (b)(2)(B)(i)(II)— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting 2001 for 2016 in subparagraph (A)(ii) thereof. (2) Rounding If any increase under paragraph (1)— (A) is not a multiple of $100, in the case of the amount in subsection (b)(1), such increase shall be rounded to the next lowest multiple of $100, or (B) is not a multiple of $1,000, in the case of the amounts in subsection (b)(2)(B)(ii) and (b)(2)(B)(i)(II), such increase shall be rounded to the next lowest multiple of $1,000. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2021. 6. Determination of standard mileage rate for charitable contributions deduction (a) In General Subsection (i) of section 170 of the Internal Revenue Code of 1986 is amended to read as follows: (i) Standard mileage rate for use of passenger automobile For purposes of computing the deduction under this section for use of a passenger automobile, the standard mileage rate shall be the rate determined by the Secretary, which rate shall not be less than the standard mileage rate used for purposes of section 213. . (b) Effective Date The amendment made by this section shall apply to miles traveled after the date of the enactment of this Act. 7. Extension of limitation on deduction of State and local taxes Paragraph (6) of section 164(b) of the Internal Revenue Code of 1986 is amended— (1) by striking 2025 in the heading and inserting 2026 , and (2) by striking January 1, 2026 and inserting January 1, 2027 . | https://www.govinfo.gov/content/pkg/BILLS-117s4589is/xml/BILLS-117s4589is.xml |
117-s-4590 | II 117th CONGRESS 2d Session S. 4590 IN THE SENATE OF THE UNITED STATES July 21, 2022 Mr. Luján (for himself and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To provide requirements relating to data caps on broadband internet access service, and for other purposes.
1. Short title This Act may be cited as the Uncap America Act . 2. Definitions In this Act: (1) Broadband internet access service The term broadband internet access service has the meaning given the term in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation. (2) Commission The term Commission means the Federal Communications Commission. (3) Data cap The term data cap means a limit on the amount of bits or other units of information a customer of a broadband internet access service provider may download or upload during a period of time specified by the broadband internet service access provider— (A) before the customer— (i) is charged a fee for additional usage; (ii) is subject to an increasing cost per bit or other unit of information; (iii) is charged for an incremental block of usage; or (iv) experiences a reduction of access speed; or (B) that the customer is otherwise discouraged or prevented from exceeding. 3. Findings Congress finds the following: (1) Access to resilient, affordable, and secure internet service is essential for individuals to participate in society, including by providing individuals access to work, education, and health care and allowing individuals to communicate with friends and family. (2) Congress has a well-established role in supporting infrastructure for broadband internet access service and ensuring that such infrastructure best serves the public interest. (3) It is in the public interest to ensure that telecommunications networks in the United States are utilized to their fullest capacity in order to encourage innovation, reduce barriers to employment, and increase access to education and health care. (4) Sustained strong performance of broadband internet access service networks in the United States during historically high demand throughout the COVID–19 pandemic is evidence that many such networks can accommodate significantly increased usage rates without the imposition of data caps. (5) While certain broadband internet access service networks may require practices to effectively manage congestion, those practices should be tailored to improve equitable access among consumers. (6) Unnecessary data caps limit participation in the digital economy and are contrary to the public interest. 4. Network management practices (a) In general A broadband internet access service provider shall not impose a data cap except when tailored primarily for the purposes of reasonable network management or managing network congestion. (b) Regulations (1) In general The Commission may prescribe such regulations as may be necessary in the public interest to carry out this section. (2) Tailored data caps Not later than 270 days after the date of enactment of this Act, the Commission shall promulgate regulations to define the conditions under which a data cap is to be considered tailored to the purpose of reasonable network management or managing network congestion for purposes of subsection (a). (c) Enforcement (1) In general The Commission shall implement and enforce this section as if this section were a part of the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ). (2) Violations Any violation of this section or any regulation promulgated under this section shall be considered to be a violation of the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) or a regulation promulgated under that Act, respectively. | https://www.govinfo.gov/content/pkg/BILLS-117s4590is/xml/BILLS-117s4590is.xml |
117-s-4591 | II 117th CONGRESS 2d Session S. 4591 IN THE SENATE OF THE UNITED STATES July 21, 2022 Mr. Booker (for himself, Mr. Wyden , Mr. Schumer , Mrs. Murray , and Mr. Peters ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To decriminalize and deschedule cannabis, to provide for reinvestment in certain persons adversely impacted by the War on Drugs, to provide for expungement of certain cannabis offenses, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Cannabis Administration and Opportunity Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. TITLE I—Decriminalization of cannabis, public safety, and States' rights Subtitle A—Decriminalization of cannabis Sec. 101. Decriminalization of cannabis. Sec. 102. Transferring agency functions with regard to cannabis. Subtitle B—Public safety and States' rights Sec. 111. States’ rights. Sec. 112. Diversion of cannabis. TITLE II—Research, training, and prevention Subtitle A—Public Health and Biomedical Research Sec. 201. Societal impact of cannabis legalization study. Sec. 202. Biomedical research on cannabis. Sec. 203. Public health surveillance and data collection. Sec. 204. Awards to prevent underage cannabis use. Sec. 205. National media campaigns on cannabis use. Sec. 206. Increasing availability of cannabis products for research purposes. Sec. 207. Trans-NIH cannabis consortium. Sec. 208. Cannabis research interagency advisory committee. Sec. 209. Awards for cannabis research. Sec. 210. Department of Veterans Affairs clinical trials on the effects of cannabis on certain health outcomes of veterans with chronic pain and post-traumatic stress disorder. Sec. 211. Cannabis research infrastructure grants. Subtitle B—Cannabis-Impaired driving prevention Sec. 221. Definitions. Sec. 222. Cannabis-impaired driving research. Sec. 223. DOT cannabis-impaired driving prevention programs. Sec. 224. State cannabis-impaired driving prevention grant program. Sec. 225. National cannabis impairment standard. Sec. 226. Funding. TITLE III—Restorative justice and opportunity Subtitle A—Opportunity trust fund programs Sec. 301. Opportunity trust fund programs. Sec. 302. Comprehensive opioid, stimulant, and substance use disorder program. Sec. 303. Availability of small business administration programs and services to cannabis-related legitimate businesses and service providers. Sec. 304. Demographic data of cannabis business owners and employees. Sec. 305. Pilot program. Sec. 306. Eliminating disparities among cannabis-related legitimate businesses and service providers. Subtitle B—Restorative justice Sec. 311. Resentencing and expungement. Sec. 312. No discrimination in the provision of a Federal public benefit on the basis of cannabis. Sec. 313. No adverse effect for purposes of the immigration laws. Sec. 314. Provision by health care providers of the Department of Veterans Affairs of recommendations and opinions regarding veteran participation in cannabis programs. Sec. 315. Provision by health care providers of Indian health programs of recommendations and opinions regarding participation in cannabis programs. TITLE IV—Taxation and Establishment of Trust Fund Sec. 401. Creation of Opportunity Trust Fund and imposition of taxes with respect to cannabis products. TITLE V—Public health, cannabis administration, and trade practices Subtitle A—Public health Sec. 501. FDA regulation of cannabis. Sec. 502. Amendments to the Federal Food, Drug, and Cosmetic Act. Sec. 503. Expedited review. Sec. 504. Regulation of cannabidiol. Sec. 505. Transition periods. Sec. 506. Amendment to the Poison Prevention Packaging Act. Sec. 507. Funding for FDA. Subtitle B—Federal cannabis administration Sec. 511. Federal cannabis administration. Sec. 512. Increased funding for the Alcohol, Tobacco, and Cannabis Tax and Trade Bureau. TITLE VI—Workplace health and safety provisions Sec. 601. Definitions. Sec. 602. Finding regarding employers in the cannabis industry. Sec. 603. Cannabis as a targeted topic for Susan Harwood training grant program. Sec. 604. Guidance on recommended practices. Sec. 605. Workplace impact of cannabis legalization. Sec. 606. Grants for community-based education, outreach, and enforcement with respect to the rights of workers in the cannabis industry. TITLE VII—Banking, Housing, and Community Development Sec. 701. Purposes; sense of Congress. Sec. 702. Requirements for filing suspicious activity reports. Sec. 703. Guidance and examination procedures. Sec. 704. Investment in communities. Sec. 705. Fair hiring in banking. Sec. 706. Fair access to financial services. Sec. 707. Consumer protections for individuals with nonviolent criminal record. TITLE VIII—Miscellaneous Sec. 801. Comptroller General review of laws and regulations. Sec. 802. Cannabis Products Advisory Committee. Sec. 803. Definition of hemp under USDA domestic hemp production program. Sec. 804. Grants for hiring and training relating to cannabis enforcement. Sec. 805. Severability. 2. Findings The Congress finds as follows: (1) The communities that have been most harmed by cannabis prohibition are benefitting the least from the legal marijuana marketplace. (2) A legacy of racial and ethnic injustices, compounded by the disproportionate collateral consequences of 80 years of cannabis prohibition enforcement, now limits participation in the industry. (3) 38 States, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, and Indian Tribes have adopted laws allowing legal access to cannabis, and 19 States, the District of Columbia, the Commonwealth of the Northern Mariana Islands, and Guam have adopted laws legalizing cannabis for adult recreational use. (4) A total of 49 States have reformed their laws pertaining to cannabis despite the Schedule I status of marijuana and its Federal criminalization. (5) Legal cannabis businesses support more than 428,000 jobs throughout the United States. (6) Legal cannabis sales totaled $25,000,000,000 in 2021 and are projected to reach $45,000,000,000 by 2025. (7) According to the American Civil Liberties Union (ACLU), enforcing cannabis prohibition laws costs taxpayers approximately $3,600,000,000 a year. (8) The continued enforcement of cannabis prohibition laws resulted in over 350,000 arrests in 2020, disproportionately impacting people of color who are almost 4 times more likely to be arrested for cannabis possession than their White counterparts, despite equal rates of use across populations. (9) People of color and Native Americans have been historically targeted by discriminatory sentencing practices resulting in Black men receiving drug sentences that are 13.1 percent longer than sentences imposed for White men and Latinos being nearly 6.5 times more likely to receive a Federal sentence for cannabis possession than non-Hispanic Whites. (10) In 2013, simple cannabis possession was the fourth most common cause of deportation for any offense and the most common cause of deportation for drug law violations. Since 2003, the United States has deported more than 45,000 people whose most serious conviction was cannabis possession. (11) Fewer than one-fifth of cannabis business owners identify as minorities and only approximately 2 percent are Black. (12) Applicants for cannabis licenses are limited by numerous laws, regulations, and exorbitant permit applications, licensing fees, and costs in these States, which can require more than $700,000. (13) Historically disproportionate arrest and conviction rates make it particularly difficult for people of color to enter the legal cannabis marketplace, as most States bar these individuals from participating. (14) Federal law severely limits access to loans and capital for cannabis businesses, disproportionately impacting minority and Tribal small business owners. (15) Some States, Indian Tribes, and municipalities have taken proactive steps to mitigate inequalities in the legal cannabis marketplace and ensure equal participation in the industry. 3. Definitions In this Act: (1) Cannabis; cannabis product The terms cannabis and cannabis product have the same meanings given such terms in subsection (ss) of section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ) (as added by section 502 of this Act). (2) Cannabis offense The term cannabis offense means a criminal offense related to cannabis— (A) that, under Federal law, is no longer punishable pursuant to this Act or the amendments made under this Act; or (B) that, under State law, is no longer an offense or that was designated a lesser offense or for which the penalty was reduced under State law pursuant to or following the adoption of a State law authorizing the sale or use of cannabis. (3) Indian Tribe The term Indian Tribe means the governing body of any individually identified and federally recognized Indian or Alaska Native tribe, band, nation, pueblo, village, community, affiliated Tribal group, or component reservation included on the list published most recently as of the date of enactment of this Act pursuant to section 104(a) of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131(a) ). I Decriminalization of cannabis, public safety, and States' rights A Decriminalization of cannabis 101. Decriminalization of cannabis (a) Cannabis removed from schedule of controlled substances (1) Removal in statute Schedule I of section 202 of the Controlled Substances Act ( 21 U.S.C. 812 ) is amended— (A) in subsection (c)— (i) by striking (10) Marihuana. ; and (ii) in paragraph (17), by inserting in cannabis (as defined in section 201(ss)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(ss)(1) )) or tetrahydrocannabinols before in hemp ; and (B) in subsection (d)(2), by adding at the end the following new subparagraph: (C) Such term does not include any substance made of or derived from cannabis (as defined in section 201(ss)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(ss)(1) ) or hemp (as defined in section 297A of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1639o )) . (2) Removal from schedule Not later than 180 days after the date of the enactment of this Act, the Attorney General shall finalize a rulemaking under section 201(a)(2) of the Controlled Substances Act ( 21 U.S.C. 811(a)(2) ) removing marihuana and tetrahydrocannabinols in cannabis (as defined in section 201(ss)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(ss)(1) )) from the schedules of controlled substances. For the purposes of the Controlled Substances Act, marihuana and tetrahydrocannabinols in cannabis (as so defined) shall each be deemed to be a drug or other substance that does not meet the requirements for inclusion in any schedule. A rulemaking under this paragraph shall be considered to have taken effect as of the date of enactment of this Act for purposes of any offense committed, case pending, conviction entered, and, in the case of a juvenile, any offense committed, case pending, and adjudication of juvenile delinquency entered before, on, or after the date of enactment of this Act. (3) Rescheduling review of non-cannabis derived tetrahydrocannibinols and cannabimimetic agents (A) In general Not later than 1 year after the date of enactment of this Act, the Attorney General shall initiate a review of the schedules applicable to the substances described in subsections (c)(17) and (d) of Schedule I of section 202 of the Controlled Substances Act ( 21 U.S.C. 812 ). (B) Motion to transfer Pursuant to the findings of the review conducted under subparagraph (A), the Secretary of Health and Human Services shall, as appropriate, initiate a motion to transfer such substances between schedules pursuant to section 201 of the Controlled Substances Act ( 21 U.S.C. 811 ). (b) Conforming amendments to controlled substances act The Controlled Substances Act ( 21 U.S.C. 801 et seq. ) is amended— (1) in section 102 ( 21 U.S.C. 802 )— (A) by striking paragraph (16); and (B) in paragraph (44), by striking marihuana, ; (2) in section 401(b) ( 21 U.S.C. 841(b) )— (A) in paragraph (1)— (i) in subparagraph (A)— (I) in clause (vi), by inserting or after the semicolon; (II) by striking clause (vii); and (III) by redesignating clause (viii) as clause (vii); (ii) in subparagraph (B)— (I) in clause (vi), by inserting or after the semicolon; (II) by striking clause (vii); and (III) by redesignating clause (viii) as clause (vii); (iii) in subparagraph (C), in the first sentence, by striking subparagraphs (A), (B), and (D) and inserting subparagraphs (A) and (B) ; (iv) by striking subparagraph (D); (v) by redesignating subparagraph (E) as subparagraph (D); and (vi) in subparagraph (D)(i), as so redesignated, by striking subparagraphs (C) and (D) and inserting subparagraph (C) ; (B) by striking paragraph (4); and (C) by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively; (3) in section 402(c)(2)(B) ( 21 U.S.C. 842(c)(2)(B) ), by striking , marihuana, ; (4) in section 403(d)(1) ( 21 U.S.C. 843(d)(1) ), by striking , marihuana, ; (5) in section 418(a) ( 21 U.S.C. 859(a) ), by striking the last sentence; (6) in section 419(a) ( 21 U.S.C. 860(a) ), by striking the last sentence; (7) in section 422(d) ( 21 U.S.C. 863(d) )— (A) in the matter preceding paragraph (1), by striking marijuana, cocaine, hashish, hashish oil, and inserting cocaine, ; and (B) in paragraph (5), by striking , such as a marihuana cigarette, ; (8) in section 516(d) ( 21 U.S.C. 886(d) ), by striking section 401(b)(6) each place the term appears and inserting section 401(b)(5) ; and (9) in section 1010(b) ( 21 U.S.C. 960(b) )— (A) in paragraph (1)— (i) in subparagraph (F), by inserting or after the semicolon; (ii) by striking subparagraph (G); (iii) by redesignating subparagraph (H) as subparagraph (G); and (iv) in subparagraph (G), as so redesignated, by striking the period at the end and inserting a semicolon; (B) in paragraph (2)— (i) in subparagraph (F), by inserting or after the semicolon; (ii) by striking subparagraph (G); (iii) by redesignating subparagraph (H) as subparagraph (G); and (iv) in subparagraph (G), as so redesignated, by striking the period at the end and inserting a semicolon; (C) by striking paragraph (4); and (D) by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively. (c) Other conforming amendments (1) National forest system drug control act of 1986 The National Forest System Drug Control Act of 1986 ( 16 U.S.C. 559b et seq. ) is amended— (A) in section 15002(a) ( 16 U.S.C. 559b(a) ) by striking marijuana and other ; (B) in section 15003(2) ( 16 U.S.C. 559c(2) ) by striking marijuana and other ; and (C) in section 15004(2) ( 16 U.S.C. 559d(2) ) by striking marijuana and other . (2) Interception of communications Section 2516 of title 18, United States Code, is amended— (A) in subsection (1)(e), by striking marihuana, ; and (B) in subsection (2) by striking marihuana . (3) FMCSA provisions (A) Conforming amendment Section 31301(5) of title 49, United States Code, is amended by striking section 31306, and inserting sections 31306, 31306a, and subsections (b) and (c) of section 31310, . (B) Definition Section 31306(a) of title 49, United States Code, is amended— (i) by striking means any substance and inserting the following: means— (1) any substance ; and (ii) by striking the period at the end and inserting ; and (2) any substance not covered under paragraph (1) that was a substance under such section as of December 1, 2018, and specified by the Secretary of Transportation. . (C) Disqualifications Section 31310(b) of title 49, United States Code, is amended by adding at the end the following: (3) In this subsection and subsection (c), the term controlled substance has the meaning given such term in section 31306(a). . (4) FAA provisions Section 45101 of title 49, United States Code, is amended— (A) by striking means any substance and inserting the following: means— (A) any substance ; and (B) by striking the period at the end and inserting ; and (B) any substance not covered under subparagraph (A) that was a substance under such section as of December 1, 2018, and specified by the Secretary of Transportation. . (5) FRA provisions Section 20140(a) of title 49, United States Code, is amended— (A) by striking means any substance and inserting the following: means— (1) any substance ; and (B) by striking the period at the end and inserting ; and (2) any substance not covered under paragraph (1) that was a substance under such section as of December 1, 2018, and specified by the Secretary of Transportation. . (6) FTA provisions Section 5331(a)(1) of title 49, United States Code, is amended— (A) by striking means any substance and inserting the following: means— (A) any substance ; and (B) by striking the period at the end and inserting ; and (B) any substance not covered under subparagraph (A) that was a substance under such section as of December 1, 2018, and whose use the Secretary of Transportation decides has a risk to transportation safety. . (7) Prison contraband Section 1791(d)(1) of title 18, United States Code, is amended— (A) in subparagraph (A), by striking marijuana or ; (B) in subparagraph (B), by striking marijuana or ; and (C) in subparagraph (D), by inserting , cannabis, as defined in section 3 of the Cannabis Administration and Opportunity Act , after subsection) . (8) Other contraband Section 80302(a)(1) of title 49, United States Code, is amended by striking , including marihuana (as defined in section 102 of that Act ( 21 U.S.C. 802 )), . (9) Tariff Act provisions Section 584(a)(2) of the Tariff Act of 1930 ( 19 U.S.C. 1584(a)(2) ) is amended— (A) by striking the second sentence and inserting If any of such merchandise so found consists of smoking opium or opium prepared for smoking, the master of such vessel or person in charge of such vehicle or the owner of such vessel or vehicle or any person directly or indirectly responsible for smoking opium or opium prepared for smoking being in such merchandise shall be liable to a penalty of $500 for each ounce thereof so found. ; and (B) by striking the last sentence and inserting As used in this paragraph, the term opiate shall have the same meaning given that term by sections 102(18) of the Controlled Substances Act ( 21 U.S.C. 802(18) ). . (d) Retroactivity (1) In general The amendments made by this section to the Controlled Substances Act ( 21 U.S.C. 801 et seq. ) are retroactive and shall apply to any offense committed, case pending, conviction entered, and, in the case of a juvenile, any offense committed, case pending, or adjudication of juvenile delinquency entered before, on, or after the date of enactment of this Act. (2) Application to pending actions With respect to any pending criminal charges or case and conviction awaiting sentencing that is impacted by the amendments to the Controlled Substances Act ( 21 U.S.C. 801 et seq. ) made by this section, the Government shall drop the relevant charges or seek dismissal of all pending charges not later than 30 days after the date of enactment of this Act. Any person held in pretrial detention and entitled to dismissal of relevant charges under this provision, and not detained for any other reason, shall be entitled to issuance of a writ under section 1361 or 2241 of title 28, United States Code, to effectuate immediate release. (3) Application to defendants previously sentenced Not later than 60 days after the date of enactment of this Act, the Director of the Bureau of Prisons, United States Marshals Service, or United States Parole Commission, as applicable, shall release from its control, and the sentencing court shall enter an order vacating the conviction and sentence for, any individual convicted or sentenced before the date of enactment of this Act for any Federal offense involving marijuana, marihuana (as defined in section 202(16) of the Controlled Substances Act ( 21 U.S.C. 812(16) )), or tetrahydrocannabinols and is not serving a sentence for any conduct not covered by this Act or serving multiple sentences as provided in section 3584 of title 18, United States Code. Any person not so timely released and entitled to such release under this provision shall be entitled to issuance of a writ under section 1361 or 2241 of title 28, United States Code, to effectuate immediate release. (4) Cumulative sentencing reconsideration In the case of a defendant who, before the date of enactment of this Act, was convicted or sentenced for any Federal offense involving marijuana, marihuana, or tetrahydrocannabinols, and, after vacatur of that sentence, is also serving a sentence for any other crime not covered by this Act, or in the case of a defendant who was convicted or sentenced for any Federal offense the sentencing range for which was elevated based on a prior conviction for an offense involving marijuana, marihuana, or tetrahydrocannabinols, the sentencing court may, on motion of the defendant, the Director of the Bureau of Prisons, the Attorney General, or, on its own motion, impose a reduced sentence after considering the factors set forth in section 3553(a) of title 18, United States Code. (e) Special rule for federal employee testing Section 503 of the Supplemental Appropriations Act, 1987 ( 5 U.S.C. 7301 note) is amended by adding at the end the following: (h) Cannabis (1) Testing for cannabis (A) In general For purposes of Executive Order 12564, cannabis shall not be treated as an illegal drug. (B) Exception for drug testing Notwithstanding subparagraph (A) or the Cannabis Administration and Opportunity Act and the amendments made thereby, the Secretary of Health and Human Services or the head of an agency may deem cannabis to be a schedule I controlled substance within the meaning of section 102(6) of the Controlled Substances Act ( 21 U.S.C. 802(6) ), and unlawful to possess under title II or III of such Act, exclusively for the purpose of drug testing of any law enforcement officer (as defined in section 8331 of title 5, United States Code) or any Federal employee in a position that the head of an agency determines, in writing, to have significant involvement in national security or the protection of life, property, public health, or public safety, provided that either such employee is subject to this section, Executive Order 12564, or other applicable Federal laws and orders. (2) Definition The term cannabis has the meaning given the term in section 3 of the Cannabis Administration and Opportunity Act . . (f) Special rule for certain regulations (1) In general The amendments made by this section may not be construed to abridge the authority of the Secretary of Transportation, or the Secretary of the department in which the Coast Guard is operating, to regulate and screen for the use of a controlled substance. (2) Controlled substance defined In this subsection, the term controlled substance means— (A) any substance covered under section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ) on the day before the date of enactment of this Act; and (B) any substance not covered under subparagraph (A) that was a substance covered under section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ) on December 1, 2018, and specified by the Secretary of Transportation. 102. Transferring agency functions with regard to cannabis (a) Transfer of jurisdiction from the Drug Enforcement Administration to the Department of Health and Human Services and the Department of the Treasury The functions of the Attorney General, acting through the Administrator of the Drug Enforcement Administration relating to cannabis enforcement, shall hereafter be administered by— (1) the Secretary of Health and Human Services, and (2) the Secretary of the Treasury. (b) Redesignation of Alcohol and Tobacco Tax and Trade Bureau as Alcohol, Tobacco, and Cannabis Tax and Trade Bureau (1) Redesignation Section 1111(d) of the Homeland Security Act of 2002 ( 6 U.S.C. 531(d) ) is amended by striking Tax and Trade Bureau each place it appears and inserting Alcohol, Tobacco, and Cannabis Tax and Trade Bureau . (2) References Any reference to the Tax and Trade Bureau or the Alcohol and Tobacco Tax and Trade Bureau in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Alcohol, Tobacco, and Cannabis Tax and Trade Bureau. (c) Memorandum of Understanding (1) In general For purposes of carrying out the purposes of this Act, not later than 180 days after the date of enactment of this Act, the Secretary of the Treasury (acting through the Alcohol, Tobacco, and Cannabis Tax and Trade Bureau, as so redesignated under subsection (b)) and the Secretary of Health and Human Services (acting through the Commissioner of Food and Drugs) shall enter into memorandum of understanding regarding coordination of their respective responsibilities with regard to regulation of cannabis and cannabis products. (2) Compliance burdens For purposes of establishing the memorandum of understanding described in paragraph (1), the Secretary of the Treasury and the Secretary of Health and Human Services shall include consideration of— (A) any compliance burdens imposed on persons involved in the cannabis industry who are subject to regulation under this Act and the amendments made by this Act, and (B) to the greatest extent practicable, reduction of any unnecessary administrative duplication with respect to such regulation. B Public safety and States' rights 111. States’ rights (a) State statutes as operative on termination of transportation; original packages All cannabis transported into any State or territory of the United States or remaining therein for use, consumption, sale, or storage therein, shall, upon arrival in that State or territory, be subject to the operation and effect of the laws of that State or territory enacted in the exercise of its police powers, to the same extent and in the same manner as though the cannabis had been produced in that State or territory, and shall not be exempt therefrom by reason of being introduced therein in original packages or otherwise. (b) Shipment into States for possession or sale in violation of State law The shipment or transportation, in any manner or by any means whatsoever, of cannabis from a State, territory, or district of the United States, or place noncontiguous to but subject to the jurisdiction thereof, into any other State, territory, or district of the United States, or place noncontiguous to but subject to the jurisdiction thereof, or from any foreign country into any State, territory, or district of the United States, or place noncontiguous to but subject to the jurisdiction thereof, which said cannabis is intended, by any person interested therein, to be received, possessed, sold, or in any manner used, either in the original package or otherwise, in violation of any law of that State, territory, or district of the United States, or place noncontiguous to but subject to the jurisdiction thereof, is prohibited. (c) Transportation of cannabis and cannabis products No State or Indian Tribe may prohibit the transportation or shipment of cannabis or cannabis products through the State or the territory of the Indian Tribe, as applicable. (d) Injunctive relief Section 2 of the Victims of Trafficking and Violence Protection Act of 2000 ( 27 U.S.C. 122a ) is amended— (1) in subsection (a)— (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (B) by inserting after paragraph (2) the following new paragraph: (3) the term cannabis has the meaning given the term in section 3 of the Cannabis Administration and Opportunity Act ; ; and (2) in subsections (b) and (c), by inserting or cannabis after intoxicating liquor each place it appears. 112. Diversion of cannabis (a) In general (1) Violations of cannabis laws or regulations; penalties and injunctions (A) Definition In this paragraph, the term common or contract carrier means a carrier holding a certificate of convenience and necessity, a permit for contract carrier by motor vehicle, or other valid operating authority under subtitle IV of title 49, United States Code, or under equivalent operating authority from a regulatory agency of the United States or of any State. (B) Cannabis diversion (i) In general Except as provided in clause (ii), it shall be unlawful to— (I) knowingly grow, manufacture, ship, transport, receive, possess, sell, or distribute or purchase 10 pounds or more of cannabis without authorization under a State law or pursuant to a permit issued under section 301 of the Federal Alcohol Administration Act, as added by section 511 of this Act; or (II) knowingly possess 10 pounds or more of cannabis that bears no evidence of the payment of applicable State or local cannabis taxes in the State or locality where the cannabis is found, if— (aa) the State or local government requires a stamp, impression, or other indication to be placed on packages or other containers of cannabis to evidence payment of cannabis taxes; and (bb) the cannabis is in the possession of any person other than a person holding a permit under section 301 of the Federal Alcohol Administration Act, as added by section 511 of this Act; (III) knowingly grow, manufacture, ship, transport, receive, possess, sell, or distribute or purchase 20 pounds or more of cannabis without authorization under a State law or pursuant to a permit issued under section 301 of the Federal Alcohol Administration Act, as added by section 511 of this Act; or (IV) knowingly possess 20 pounds or more of cannabis that bears no evidence of the payment of applicable State or local cannabis taxes in the State or locality where the cannabis is found, if— (aa) the State or local government requires a stamp, impression, or other indication to be placed on packages or other containers of cannabis to evidence payment of cannabis taxes; and (bb) the cannabis is in the possession of any person other than a person holding a permit under section 301 of the Federal Alcohol Administration Act, as added by section 511 of this Act. (ii) Exceptions Clause (i) shall not apply to— (I) a common or contract carrier transporting the cannabis involved under a proper bill of lading or freight bill which states the quantity, source, and destination of the cannabis; (II) a person— (aa) who is licensed or otherwise authorized by the State where the cannabis is found to account for and pay cannabis taxes imposed by such State; and (bb) who has complied with the accounting and payment requirements relating to such license or authorization with respect to the cannabis involved; (III) an officer, employee, or other agent of the United States, an Indian Tribe, or a State, or any department, agency, or instrumentality of the United States, an Indian Tribe, or a State (including any political subdivision of an Indian Tribe or a State) having possession of the cannabis in connection with the performance of official duties; or (IV) a person— (aa) involved in the manufacture, marketing, or distribution of a drug containing cannabis that is otherwise in compliance with State and Federal law; and (bb) who possesses cannabis in connection with the lawful activities described in item (aa). (iii) Penalty Any person who violates— (I) subclause (I) or (II) of clause (i) shall be imprisoned not more than 1 year, fined not more than $50,000, or both; or (II) subclause (III) or (IV) of clause (i) shall be imprisoned not more than 5 years, fined not more than $100,000, or both. (2) Fines The penalty provided for in this subsection may be recovered by the Secretary of the Treasury or by an action brought by the Attorney General in any court of competent jurisdiction. (3) Enforcement It shall be the duty of the Attorney General upon the request of the Secretary of the Treasury to bring an action for an injunction against any person who violates, disobeys or disregards any term or provision of this subtitle or of any lawful notice, order or regulation pursuant thereto; provided, however, that the Secretary of the Treasury shall furnish the Attorney General with such material, evidentiary matter or proof as may be requested by the Attorney General for the prosecution of such an action. (b) Tracking and tracing regulations (1) Issuance of tracking and tracing regulations (A) In general Not later than 1 year after the date of enactment of this Act, the Secretary of the Treasury (referred to in this section as the Secretary ), acting through the Administrator of the Alcohol, Tobacco, and Cannabis Tax and Trade Bureau and in coordination with the Secretary of Health and Human Services, shall issue regulations relating to the tracking and tracing of cannabis products pursuant to paragraph (2). (B) Good faith consultation with Indian Tribes In issuing regulations under subparagraph (A), the Secretary, acting through the Administrator of the Alcohol, Tobacco, and Cannabis Tax and Trade Bureau and in coordination with the Secretary of Health and Human Services, shall conduct good faith, meaningful, and timely consultations with Indian Tribes. (2) Regulations concerning recordkeeping for tracking and tracing (A) In general The Secretary shall promulgate regulations regarding the establishment and maintenance of records by any person who manufactures, processes, transports, distributes, receives, packages, holds, exports, or imports cannabis products. (B) Inspection In promulgating the regulations described in subparagraph (A), the Secretary shall consider which records are needed for inspection to monitor the movement of cannabis products from the point of production through distribution to retail outlets to assist in investigating potential illicit trade, smuggling, or counterfeiting of cannabis products. (C) Codes The Secretary may require codes on the labels of cannabis products or other designs or devices for the purpose of tracking or tracing the cannabis product through the distribution system. (D) Size of business The Secretary shall take into account the size of a business in promulgating regulations under this section. (E) Recordkeeping by retailers The Secretary shall not require any retailer to maintain records relating to individual purchasers of cannabis products for personal consumption. (3) Records inspection (A) In general If the Secretary has a reasonable belief that a cannabis product is part of an illicit trade or smuggling or is a counterfeit product, each person who manufactures, processes, transports, distributes, receives, holds, packages, exports, or imports cannabis products shall, at the request of an officer or employee duly designated by the Secretary, permit such officer or employee, at reasonable times and within reasonable limits and in a reasonable manner, upon the presentation of appropriate credentials and a written notice to such person, to have access to and copy all records (including financial records) relating to such article that are needed to assist the Secretary in investigating potential illicit trade, smuggling, or counterfeiting of cannabis products. The Secretary shall not authorize an officer or employee of the government of any of the several States to exercise authority under the preceding sentence on Indian country without the express written consent of the Indian Tribe involved. (B) Failure to comply (i) Compel inspections The district courts of the United States shall have the authority, pursuant to a civil action brought by the Secretary, to compel access by any officer or employee duly designated by the Secretary to any relevant records described in subparagraph (A). (ii) Penalty Any person who— (I) denies access to any relevant records described in subparagraph (A) to any officer or employee duly designated by the Secretary; or (II) fails to comply with an order issued by a district court pursuant to clause (i), shall be fined not more than $10,000. (4) Knowledge of illegal transaction (A) Notification If the manufacturer or distributor of a cannabis product has knowledge which reasonably supports the conclusion that a cannabis product manufactured or distributed by such manufacturer or distributor that has left the control of such person may be or has been— (i) imported, exported, distributed, or offered for sale in interstate commerce by a person without paying duties or taxes required by Federal, Tribal, or State law; or (ii) imported, exported, distributed, or diverted for possible illicit marketing, the manufacturer or distributor shall promptly notify the Attorney General and the Secretary of such knowledge. (B) Knowledge defined For purposes of this paragraph, the term knowledge as applied to a manufacturer or distributor means— (i) the actual knowledge that the manufacturer or distributor had; or (ii) the knowledge which a reasonable person would have had under like circumstances or which would have been obtained upon the exercise of due care. (5) Consultation In carrying out this subsection, the Secretary shall consult with the Attorney General and the Commissioner of Food and Drugs, as appropriate. (6) Consideration of state and other precedent In promulgating the regulations described in this subsection, the Secretary shall consider— (A) recommendations and findings by the Cannabis Products Advisory Committee established under section 1111 of the Federal Food, Drug, and Cosmetic Act; (B) current practices of States regarding cannabis and the practices of other regulated industries; and (C) whether, during the 3-year period described in section 505(b)(1), unique standards for cannabis specified for medical use under State law are necessary or appropriate. II Research, training, and prevention A Public Health and Biomedical Research 201. Societal impact of cannabis legalization study (a) In general The Comptroller General of the United States shall conduct an evaluation of the societal impact of the legalization by States of adult-use of cannabis. Such evaluation shall address, where information and data are available, a review of the following: (1) Federal and State law enforcement activities, including— (A) arrests related to illicit use, possession, production, manufacture, and distribution of cannabis; and (B) diversion and seizures of cannabis. (2) Employment and the receipt of Federal welfare assistance. (3) Changes in the utilization of health care, including hospitalization related to methamphetamine and narcotic use and the use of cannabis for medical purposes. (4) Analysis of tax revenue remitted to States resulting from legal cannabis sales. (5) Any additional areas identified by the Comptroller General of the United States. (b) Report The Comptroller General of the United States— (1) not later than 2 years after the date of enactment of this Act, shall brief the Committee on Finance, the Committee on Health, Education, Labor, and Pensions, and the Committee on the Judiciary of the Senate and the Committee on Ways and Means, the Committee on Energy and Commerce, and the Committee on the Judiciary of the House of Representatives on the preliminary findings of the evaluation under subsection (a); and (2) at a date agreed upon at the time of the preliminary briefing described in paragraph (1), submit a final report to such committees. 202. Biomedical research on cannabis (a) In general The Secretary of Health and Human Services (referred to in this section as the Secretary ), in consultation with the Director of the National Institutes of Health, shall conduct or support research on the impacts of cannabis. (b) Topics The research conducted or supported under subsection (a) may include research on— (1) the effects of tetrahydrocannabinol on the human brain; (2) the efficacy of cannabis as a treatment for specific diseases and conditions, including any impact on chronic pain and post-traumatic stress disorder; (3) the impact of the use of cannabis on— (A) pulmonary function; (B) cardiovascular events; (C) cancer, including testicular, ovarian, transitional cell, and head, neck, and oral cancers, and chronic illnesses; (D) mania; (E) psychosis; (F) cognitive effects; and (G) cannabinoid hyperemesis syndrome; and (4) the identification of additional medical benefits, harms, and uses of cannabis. (c) Considerations In conducting or supporting the research under subsection (a), the Secretary may consider— (1) varying forms of cannabis, including— (A) full plants and extracts; and (B) different types of cannabis with significant variation in phenotypic traits and various ratios of tetrahydrocannabinol and cannabidiol in chemical composition; and (2) varying methods of cannabis delivery, including combustible and non-combustible inhalation and ingestion. (d) Annual reports Not later than 18 months after the date of enactment of this Act, and annually thereafter for the next 4 years, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives, a report that includes an overview of the research conducted and supported under this section. (e) Funding In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $200,000,000 for each of fiscal years 2023 through 2027 to carry out this section. 203. Public health surveillance and data collection (a) In general Section 392A of the Public Health Service Act ( 42 U.S.C. 280b–1 ) is amended— (1) in the section heading, by inserting and adverse health effects of cannabis use after substances ; (2) in subsection (a)— (A) in paragraph (2)— (i) in subparagraph (C) by inserting and adverse health effects of cannabis use before the period; and (ii) in subparagraph (D) by inserting , cannabis, and polysubstance use before the period; and (B) in paragraph (4), by inserting and collect data to better understand the use and health effects of cannabis, stimulants, and polysubstances, and after conduct studies and evaluations ; (3) in subsection (d), by striking $496,000,000 for each of fiscal years 2019 through 2023 and inserting $596,000,000 for each of fiscal years 2023 through 2027 ; and (4) by adding at the end the following: (e) Additional funding In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $100,000,000 for each of fiscal years 2023 through 2027 to carry out this section. . 204. Awards to prevent underage cannabis use Part D of title V of the Public Health Service Act ( 42 U.S.C. 290dd et seq. ) is amended by adding at the end the following: 553. Awards to prevent underage cannabis use (a) In general The Secretary, acting through the Assistant Secretary, shall award grants, contracts, and cooperative agreements to eligible entities to prevent and reduce underage cannabis use. (b) Eligible entities To receive an award under this section, an entity shall be a State, political subdivision of a State, Indian Tribe or Tribal organization, an urban Indian organization, a nonprofit community-based organization, or any other nonprofit entity the Secretary determines appropriate. (c) Use of funds An eligible entity receiving an award under this subsection shall use funds from such award to— (1) establish, enhance, and support culturally- and linguistically-appropriate programs, including community-based, school-based, and higher-education based programs, and programs that target youth within the juvenile justice and child welfare systems, that offer screening, prevention, early intervention, diagnosis, treatment, referral, and recovery support services related to underage cannabis use; (2) design, test, evaluate, and disseminate evidence-based and evidence-informed strategies to maximize the effectiveness of community-wide approaches to preventing and reducing underage cannabis use; (3) educate children, adolescents, youth, parents, health care providers, and communities about the dangers of underage cannabis use, including impaired driving due to cannabis use; (4) collect data on underage cannabis use to identify and address needs, service gaps, and trends; (5) strengthen collaboration among communities, the Federal Government, and State, local, and Tribal governments to prevent underage cannabis use; (6) address community norms regarding underage cannabis use, reduce opportunities for underage cannabis use, and reduce the prevalence of negative consequences associated with underage cannabis use; and (7) support other evidence-based and evidence-informed practices to reduce underage cannabis use, as determined by the Secretary. (d) Supplement not supplant Funds awarded under this section shall supplement, and not supplant, existing State, Federal, local, and Tribal funds to prevent and reduce underage cannabis use. (e) Priority consideration In making awards under this section, the Secretary shall give priority to eligible entities that serve medically underserved communities, communities with high rates of underage cannabis use, and communities that have historically experienced disproportionate arrest and conviction rates related to the sale, possession, use, manufacture, or cultivation of cannabis (but not counting convictions involving distribution of cannabis to a minor). (f) Funding In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $15,000,000 for each of fiscal years 2023 through 2027 to carry out this section. (g) Definitions For the purposes of this section— (1) the terms Indian Tribe and Tribal organization have the meanings given such terms in section 4 of the Indian Self-Determination and Education Assistance Act; and (2) the term urban Indian organization has the meaning given such term in section 4 of the Indian Health Care Improvement Act. . 205. National media campaigns on cannabis use (a) In general The Secretary of Health and Human Services (referred to in this section as the Secretary ), in consultation with the Administrator of the National Highway Traffic Safety Administration, shall fund and oversee the production, broadcasting, and evaluation of a national public service media campaign to prevent and reduce underage cannabis use and cannabis impaired driving. Such campaign shall— (1) educate the public about— (A) the negative consequences of underage cannabis use and cannabis impaired driving; and (B) the public health and safety benefits of evidence-based and evidence-informed policies to reduce underage cannabis use and cannabis impaired driving, and build community and parental support for, and cooperation with, enforcement of such policies; and (2) be conducted— (A) through multiple media sources; (B) in a manner that is culturally and linguistically appropriate; and (C) in a manner that reflects best practices in public health communication, including in accessible formats. (3) Consultation requirement In carrying out the campaign under this subsection, the Secretary shall consult with interested parties, including medical, public health, consumer, parent, disability, law enforcement, community-based, and other stakeholders, as determined by the Secretary. (b) Education and awareness campaign for cannabis use The Secretary, in coordination with the heads of other appropriate departments and agencies and working through existing programs and activities, as appropriate, shall advance the education and awareness of the public (including health care providers, consumers, workplaces, and other appropriate entities) regarding cannabis use. The education and awareness campaigns under this subsection shall address— (1) any dangers and negative consequences of cannabis use; (2) awareness and prevention of cannabis use disorder; (3) the effects of cannabis on the human body, including with respect to the use of cannabis in different circumstances such as the workplace and while operating motor vehicles; (4) the effects of cannabis when mixed with other substances; and (5) other relevant public health or biomedical research, as the Secretary determines appropriate. (c) Report to Congress The Secretary shall submit an annual report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives detailing the production, broadcasting, and evaluation of the campaigns under subsections (a) and (b). Such reports shall include— (1) details regarding the effectiveness of such campaigns in reducing underage cannabis use; (2) the need for, and likely effectiveness of, an expanded campaign under either such subsection; and (3) details regarding the consultation the Secretary engaged in pursuant to subsection (a)(2). (d) Funding In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $5,000,000 for each of fiscal years 2023 through 2027 to carry out this section. 206. Increasing availability of cannabis products for research purposes (a) In general The Secretary of Health and Human Services (referred to in this section as the Secretary ), acting through the Director of the National Institutes of Health and in collaboration with the Commissioner of Food and Drugs and the Attorney General, shall take steps to increase the availability and diversity of research grade cannabis products for intramural and extramural research activities, including cannabis products with varied cannabinoid concentrations and cannabis products that reflect regional differences in products available to be sold directly to consumers. (b) Guidance In carrying out subsection (a), the Secretary may develop guidance clarifying how entities engaged in extramural research supported by the Federal Government may access cannabis products available to be sold directly to consumers. (c) Congressional briefing Not later than 1 year after the date of enactment of this Act, the Secretary shall brief the Committee on Health, Education, Labor, and Pensions and the Committee on the Judiciary of the Senate and the Committee on Energy and Commerce and the Committee on the Judiciary of the House of Representatives on the activities under subsection (a). (d) Funding In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $275,000,000 for each of fiscal years 2023 through 2027 to carry out this section. 207. Trans-NIH cannabis consortium Part A of title IV of the Public Health Service Act ( 42 U.S.C. 281 et seq. ) is amended by inserting at the end the following: 404O. Trans-NIH cannabis consortium (a) Establishment The Director of NIH shall establish and maintain a consortium to be known as the Trans-NIH Cannabis Research Consortium (referred to in this section as the Consortium ) to coordinate cannabis research programs across the National Institutes of Health. (b) Membership The members of the Consortium shall be appointed by the Director of NIH and consist of representatives of multiple national research institutes and national centers. (c) Chair The Chair of the Consortium shall be the Director of the National Institute on Drug Abuse (or the Director’s designee). (d) Duties In coordinating cannabis research programs across the National Institutes of Health, the Consortium shall— (1) establish cannabis research priorities; (2) identify gaps and opportunities for research collaborations involving multiple national research institutes and national centers; and (3) identify opportunities to develop the next generation of cannabis researchers. (e) Consultation The Consortium shall consult regularly with external experts in the field of cannabis research, as appropriate, including industry, patient organizations, and other stakeholders. (f) Reporting No later than 1 year after the date of enactment of the Cannabis Administration and Opportunity Act , and every 2 years thereafter, the Consortium shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, and make publicly available on the website of the National Institutes of Health, a report on— (1) any research project involving cannabis and involving more than one national research institute or national center that was supported during the review period; (2) any strategic initiatives that include a significant component related to cannabis; (3) career development awards for early-career researchers focused in cannabis research, including specific numbers of awards and amount of funding, made during the review period; (4) details on the composition of awards for early-career researchers, including demographic details indicating the proportion of recipients from populations that have been underrepresented in cannabis research; and (5) such other information as the Director of NIH determines appropriate. . 208. Cannabis research interagency advisory committee (a) In general There is established within the Department of Health and Human Services a Cannabis Research Interagency Advisory Committee (referred to in this subsection as the Advisory Committee ) for purposes of coordinating— (1) Federal research activities relating to cannabis; and (2) aspects of all Federal programs and activities relating to cannabis research, in order to ensure the adequacy and technical soundness of such programs and activities, to minimize barriers to such programs and activities, to provide for the full communication and exchange of information necessary to maintain adequate coordination of such programs and activities. (b) Members The Advisory Committee established under subsection (a) shall consist of the heads of the following agencies or their designees: (1) The National Institutes of Health. (2) The Centers for Disease Control and Prevention. (3) The Food and Drug Administration. (4) The Substance Abuse and Mental Health Services Administration. (5) The Office of the Assistant Secretary of Health. (6) The Office of Minority Health. (7) The Drug Enforcement Administration. (8) The Alcohol, Tobacco, and Cannabis Tax and Trade Bureau (as so redesignated by section 102 of this Act). (9) The Department of Transportation. (10) Any other agency with subject matter expertise that the Secretary of Health and Human Services determines appropriate to advance research on cannabis. (c) Responsibilities In carrying out its duties under this section, the Advisory Committee shall— (1) monitor cannabis research across all relevant Federal departments and agencies, including coordination of Federal activities with respect to cannabis; (2) develop a summary of advances in cannabis research; (3) identify barriers to conducting or supporting cannabis research; (4) make recommendations to the Secretary of Health and Human Services regarding any appropriate changes to such activities; (5) make recommendations to the Secretary of Health and Human Services regarding public participation in decisions relating to cannabis research, and the process by which public feedback can be better integrated into such decisions; (6) develop a strategic plan for the conduct of, and support for, cannabis research, which shall include— (A) proposed budgetary requirements; and (B) recommendations to ensure that cannabis research of the Department of Health and Human Services and of other Federal departments and agencies are not unnecessarily duplicative; and (7) submit to Congress and the President— (A) an annual update on the summary of advances described in paragraph (2); and (B) an annual update to the strategic plan described in paragraph (5), including any progress made in achieving the goals outlined in such strategic plan. 209. Awards for cannabis research (a) In general The Secretary of Health and Human Services (referred to in this section as the Secretary ) shall award grants, contracts, or cooperative agreements to public and nonprofit entities (including consortiums of such entities) to conduct or support research on short- and long-term health effects of cannabis, considering beneficial and harmful effects and public health impacts. Such research may— (1) consider the etiology, epidemiology, and health effects of cannabis use in at-risk or under researched populations, such as pediatric and older populations, individuals with chronic illnesses, pregnant and lactating women and their infants and children, and heavy cannabis users; (2) consider the pharmacokinetic and pharmacodynamic properties of cannabis, modes of delivery, different concentrations, in various populations, including the dose-response relationships of cannabis and tetrahydrocannabinol or other cannabinoids; (3) consider the harms and benefits associated with understudied cannabis products, such as edibles, concentrates, and topical products; (4) consider the short- and long-term harms and benefits associated with exposure to chemicals and other products commonly involved in the growing, possessing, and selling of cannabis; (5) utilize clinical trials on the potential beneficial and harmful health effects of using different forms of cannabis, such as inhaled whole cannabis plant and oral cannabis; (6) seek to characterize the health effects of cannabis on unstudied and understudied health endpoints, such as epilepsy in pediatric populations, symptoms of posttraumatic stress disorder, childhood and adult cancers, cannabis-related overdoses and poisonings, and other high-priority health endpoints; and (7) provide support for the development of novel diagnostic technologies that allow for rapid, accurate, and noninvasive assessment of cannabis exposure and impairment. (b) Application To be eligible to receive an award under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (c) Priority In selecting award recipients under this section, the Secretary shall give priority to any entity that is a minority-serving institution (defined, for purposes of this subsection, as an institution and program described in section 326(e)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1063b(e)(1) ) and institution described in section 371(a) of such Act ( 20 U.S.C. 1067q(a) )). (d) Considerations In making awards under this section, the Secretary, to the extent practicable, may ensure equitable distribution of awards among the geographical regions of the United States. (e) Reporting (1) Reports from entities Each entity, or consortium of such entities, that receives an award under this section shall submit an annual report to the Secretary on the activities conducted under such award, and other information as the Secretary may require. (2) Report to congress Not later than 5 years after the date of enactment of this Act and every 5 years thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that provides a summary of the activities associated with awards made under this section. (3) Public availability The Secretary shall make reports submitted under paragraph (2) publicly available on the website of the Department of Health and Human Services. (f) Funding In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $200,000,000 for each of fiscal years 2023 through 2027 to carry out this section. 210. Department of Veterans Affairs clinical trials on the effects of cannabis on certain health outcomes of veterans with chronic pain and post-traumatic stress disorder (a) Clinical trials required (1) In general The Secretary of Veterans Affairs shall carry out a series of clinical trials on the effects of medical-grade cannabis on the health outcomes of covered veterans diagnosed with chronic pain and covered veterans diagnosed with post-traumatic stress disorder. (2) Required elements The clinical trials required by paragraph (1) shall include— (A) with respect to covered veterans diagnosed with chronic pain, an evaluation of the effects of the use of cannabis on— (i) osteopathic pain (including pain intensity and pain-related outcomes); (ii) the reduction or increase in opioid use or dosage; (iii) the reduction or increase in benzodiazepine use or dosage; (iv) the reduction or increase in alcohol use; (v) inflammation; (vi) sleep quality; (vii) agitation; and (viii) quality of life; and (B) with respect to covered veterans diagnosed with post-traumatic stress disorder, an evaluation of the effects of the use of cannabis on— (i) the symptoms of post-traumatic stress disorder (PTSD) as established by or derived from the clinician administered PTSD scale, the PTSD checklist, the PTSD symptom scale, the post-traumatic diagnostic scale, and other applicable methods of evaluating symptoms of post- traumatic stress disorder; (ii) the reduction or increase in benzodiazepine use or dosage; (iii) the reduction or increase in alcohol use; (iv) mood; (v) anxiety; (vi) social functioning; (vii) agitation; (viii) suicidal ideation; and (ix) sleep quality, including frequency of nightmares and night terrors. (3) Optional elements The clinical trials required by paragraph (1) may include an evaluation of the effects of the use of cannabis to treat chronic pain and post-traumatic stress disorder on— (A) pulmonary function; (B) cardiovascular events; (C) head, neck, and oral cancer; (D) testicular cancer; (E) ovarian cancer; (F) transitional cell cancer; (G) intestinal inflammation; (H) motor vehicle accidents; (I) mania; (J) psychosis; (K) cognitive effects; (L) cannabinoid hyperemesis syndrome; (M) neuropathy; (N) spasticity; (O) substance use disorder; or (P) mental health disorder. (b) Long-Term observational study The Secretary may carry out a long-term observational study of the participants in the clinical trials required by subsection (a). (c) Type of cannabis (1) In general In carrying out the clinical trials required by subsection (a), the Secretary shall study varying forms of cannabis, including whole plant raw material and extracts. (2) Plant cultivars Of the varying forms of cannabis required under paragraph (1), the Secretary shall study not fewer than seven unique plant cultivars with ratios of tetrahydrocannabinol to cannabidiol in each of the following categories: (A) Less than 1:5. (B) Between 1:2 and 1:5. (C) Approximately 1:2. (D) Approximately 1:1. (E) Approximately 2:1. (F) Between 2:1 and 5:1. (G) More than 5:1. (d) Use of control and experimental groups The clinical trials required by subsection (a) shall include both a control group and an experimental group that shall— (1) be of similar size and structure; and (2) represent the demographics of the veteran population, as determined by the most recent data from the American Community Survey of the Bureau of the Census that is available prior to the commencement of the clinical trials. (e) Limitation on enrollment of certain veterans In enrolling veterans in a clinical trial under subsection (a), the Secretary shall avoid enrolling veterans who— (1) have existing substance use disorder or are at high-risk for developing substance use disorder; or (2) have contraindications to medicinal cannabis, which may include— (A) veterans with acute psychosis or at-risk of psychosis; (B) veterans for whom cannabis is contraindicated based on current medications taken, prescribed and nonprescribed; (C) veterans with severe cardiovascular, immunological, liver, or kidney disease; and (D) veterans who are pregnant or breastfeeding. (f) Data preservation The clinical trials required by subsection (a) shall include a mechanism to ensure the preservation of all data, including all data sets, collected or used for purposes of such trials in a manner that will facilitate further research. (g) Implementation Not later than 180 days after the date of the enactment of this Act, the Secretary shall— (1) develop a plan to implement this section and submit such plan to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives; and (2) issue any requests for proposals the Secretary determines appropriate for such implementation. (h) Effect on other benefits The eligibility or entitlement of a covered veteran to any other benefit under the laws administered by the Secretary or any other provision of law shall not be affected by the participation of the covered veteran in a clinical trial under subsection (a) or a study under subsection (b). (i) Periodic reports During the five-year period beginning on the date of the enactment of this Act, the Secretary shall submit periodically, but not less frequently than annually, to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives reports on the implementation of this section. (j) Covered veteran defined In this section, the term covered veteran means a veteran who is enrolled in the patient enrollment system of the Department of Veterans Affairs established and operated under section 1705(a) of title 38, United States Code. 211. Cannabis research infrastructure grants Title VIII of the Higher Education Act of 1965 ( 20 U.S.C. 1161a et seq. ) is amended by adding at the end the following: 899. Cannabis research infrastructure grant program (a) In general The Secretary, in consultation with the Secretary of Health and Human Services and, as appropriate, with other relevant Federal agencies, shall award grants, on a competitive basis, to institutions of higher education to enable such institutions to develop or enhance the necessary infrastructure for exploratory cannabis research, including the cultivation of cannabis for research purposes. (b) Applications To be qualified to receive a grant under this section, an institution of higher education shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including— (1) a description of the projects that the institution of higher education plans to carry out with grant funds; and (2) how such projects will address the research infrastructure needs of the institution of higher education. (c) Priority in awards In awarding grants under this section, the Secretary shall give priority to— (1) institutions of higher education described in section 371(a); (2) under-resourced institutions of higher education, including community colleges; and (3) institutions of higher education with experience in conducting or supporting cannabis research or developing academic courses or programs for students in the cannabis industry. (d) Use of funds An institution of higher education that receives a grant under this section shall use the grant funds to develop or enhance the necessary infrastructure for exploratory cannabis research, including— (1) cultivating cannabis for research purposes; (2) purchasing, renting, or leasing scientific or laboratory equipment; (3) constructing or upgrading cultivation or laboratory facilities; (4) purchasing or enhancing storage and security needs; (5) establishing school policies, procedures, or training to conduct or support research, such as policies and training to safely handle and store substances; (6) paying State fees to apply for and receive certificates or registrations to handle certain substances; or (7) recruiting or retaining staff necessary for developing or enhancing the cannabis research infrastructure of the institution of higher education, including for training and support purposes. (e) Awards Notwithstanding any other provision of law, activities supported by grants under this section shall not be considered violations of section 120 for the purposes of enforcing or assessing compliance with that section. (f) Definitions In this section: (1) Community college The term community college means— (A) a public institution of higher education, including additional locations, at which the highest awarded degree, or the predominantly awarded degree, is an associate degree; or (B) a Tribal College or University (as defined in section 316). (2) Institution of higher education The term institution of higher education has the meaning given that term in section 101. (g) Funding In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $200,000,000 for each of fiscal years 2023 through 2027 to carry out this section. . B Cannabis-Impaired driving prevention 221. Definitions In this subtitle: (1) Administrator The term Administrator means the Administrator of the National Highway Traffic Safety Administration. (2) Secretary The term Secretary means the Secretary of Transportation. (3) THC The term THC means tetrahydrocannabinol. 222. Cannabis-impaired driving research (a) Cannabis-Impaired driving data (1) In general The Secretary shall collect and, as appropriate, share with the Secretary of Health and Human Services, data relating to cannabis-impaired driving, or a combination of cannabis and another substance, including through the collection of crash data specific to crashes involving drivers with— (A) THC in their system; or (B) a combination of THC and another substance in their system. (2) National roadside survey (A) In general Not later than 1 year after the date of enactment of this Act, the Administrator shall initiate a National Roadside Survey to collect data on drivers with THC in their system. (B) Report Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committees on Commerce, Science, and Transportation, Environment and Public Works, and Health, Education, Labor, and Pensions of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report summarizing the data acquired, and conclusions drawn, from the National Roadside Survey required under subparagraph (A). (b) Research on risks of cannabis-Impaired driving (1) Study required (A) In general Not later than 3 years after the date of enactment of this Act, the Secretary shall carry out a study to evaluate and quantify the risks of cannabis-impaired driving. (B) Requirements The study required under subparagraph (A) shall analyze— (i) whether there is an increased likelihood of crashing a motor vehicle after recent cannabis use; (ii) the effect of cannabis on driving behavior; (iii) whether there is a correlation between THC level (as tested in oral fluids) and level of impairment; (iv) whether the current Standard Field Sobriety Test developed by the National Highway Traffic Safety Administration accurately identifies cannabis impairment; (v) whether driving behavior changes depending on frequency of cannabis use; (vi) whether there are any potential increased risks associated with using cannabis together with another substance; and (vii) any other data necessary to improve safe driving outcomes, as determined by the Secretary. (2) Report Not later than 3 years after the date of enactment of this Act, and annually thereafter until the date on which the study required under paragraph (1) is complete, the Secretary shall submit to the Committees on Commerce, Science, and Transportation, Environment and Public Works, and Health, Education, Labor, and Pensions of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report summarizing the data acquired, and conclusions drawn, from the study required under paragraph (1). 223. DOT cannabis-impaired driving prevention programs (a) In general The Secretary shall research and implement data-driven strategies to educate the public about the dangers of cannabis-impaired driving, which shall include the following: (1) Cannabis-impaired driving use prevention best practices (A) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall develop and issue best practices for States and communities to prevent cannabis-impaired driving, including impaired driving involving the use of cannabis and another substance and practices targeting drivers under the age of 21, in consultation with the Director of the Centers for Disease Control and Prevention, the Secretary of Health and Human Services, and the heads of other Federal agencies as appropriate. (B) Updates Not less frequently than biannually, the Secretary shall update and reissue the best practices required under subparagraph (A) as new research and data becomes available. (2) Cannabis-impaired driving use prevention campaigns Not later than 2 years after the date of enactment of this Act, the Secretary shall establish and carry out national campaigns to prevent cannabis-impaired driving, including— (A) cannabis-impaired driving involving the use of cannabis and another substance; and (B) cannabis-impaired driving among drivers under the age of 21. (b) Campaign evaluation Not less frequently than once every 3 years, the Secretary shall evaluate the effectiveness of the campaigns required under subsection (a)(2) and the activities carried out by States using a grant awarded under section 409 of title 23, United States Code, by using a variety of factors, including— (1) collecting data, including behavioral data, and comparing that data from before and after the campaigns; (2) (A) engaging with stakeholders that were involved in the campaigns; and (B) analyzing feedback from those stakeholders on what the stakeholders saw as strengths and weaknesses of the campaigns; (3) determining whether the campaigns accomplished the objectives the Secretary set out to accomplish through analysis of data relating to the campaigns; and (4) any other factors the Secretary determines appropriate included in the document of the National Highway Traffic Safety Administration entitled The Art of Appropriate Evaluation: A Guide for Highway Safety Program Managers and dated December 2008 (or a successor document). (c) Report Not later than 6 months after the date on which the Secretary completes an evaluation conducted under subsection (b), the Secretary shall submit to the Committees on Commerce, Science, and Transportation, Environment and Public Works, and Health, Education, Labor, and Pensions of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that— (1) summarizes the data collected and provides the analysis of the data from an evaluation conducted under subsection (b); (2) includes recommendations for future impaired driving campaigns; and (3) includes any determinations that a national campaign or an activity carried out by a State using a grant awarded under section 409 of title 23, United States Code, is ineffective at preventing cannabis-impaired driving. 224. State cannabis-impaired driving prevention grant program (a) In general Chapter 4 of title 23, United States Code, is amended by inserting after section 408 the following: 409. State cannabis-impaired driving prevention grant program (a) Definitions In this section: (1) Cannabis The term cannabis has the meaning given the term in subsection (ss) of section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). (2) Grant program The term grant program means the grant program established under subsection (b). (3) THC The term THC has the meaning given the term in section 221 of the Cannabis Administration and Opportunity Act. (b) Establishment Not later than 1 year after the date of enactment of the Cannabis Administration and Opportunity Act, the Secretary, acting through the Administrator of the National Highway Traffic Safety Administration, shall establish a program to provide grants to States, in accordance with subsection (c), to implement programs to prevent impaired driving due to cannabis use. (c) Eligibility The Secretary may provide a grant under this section to any State that— (1) describes how the State will use the grant funds in accordance with a highway safety program under section 402, including how the State will implement the best practices developed by the Secretary under section 223(a)(1) of the Cannabis Administration and Opportunity Act; and (2) agrees to provide data and information, as determined by the Secretary, to assist with the evaluation of the effectiveness of the eligible activities described in subsection (d). (d) Use of funds A State may use a grant awarded under this section for the following activities: (1) Enforcement activities, including— (A) to train public safety personnel to detect impaired driving due to the use of cannabis or a combination of cannabis and another substance; (B) to increase the capacity of impaired driving toxicology testing laboratories in the State to support impaired driving investigations, including to purchase equipment, hire staff, provide training, and improve procedures, including to improve toxicology testing standards to be consistent with the standards contained in the document of the National Safety Council entitled Recommendations for Toxicological Investigation of Drug-Impaired Driving and Motor Vehicle Fatalities–2021 Update (or a successor document); (C) to train for and implement impaired driving assessment programs or other tools designed to increase the probability of identifying the recidivism risk of an individual convicted of driving under the influence of cannabis, or a combination of cannabis and another substance, and to determine the most effective mental health or substance abuse treatment or sanction that will reduce that risk; (D) to develop and implement high-visibility enforcement efforts relating to cannabis-impaired driving; and (E) for court support of high-visibility enforcement efforts, to train and educate criminal justice professionals (including law enforcement personnel, prosecutors, judges, and probation officers) to assist those professionals in— (i) handling cannabis-impaired driving cases; (ii) hiring traffic safety resource prosecutors; (iii) hiring judicial outreach liaisons; and (iv) establishing driving while intoxicated courts. (2) Data collection activities, including— (A) to collect data relating to the use of cannabis, drugs, or multiple substances by drivers, including the prevalence of the use of those substances among drivers arrested for impaired driving; and (B) to increase drug testing and reporting for all fatal crashes and serious injuries to better understand the scope of cannabis-impaired driving, or a combination of cannabis and another substance. (3) Education activities, including— (A) to develop and carry out educational campaigns to better educate the public about the harms associated with cannabis-impaired driving, including impaired driving associated with the use of cannabis and another substance; and (B) to participate in national campaigns organized by the Secretary under section 223(a)(2) of the Cannabis Administration and Opportunity Act. (e) Prohibition The Secretary may prohibit the use of grant funds for an activity described in subsection (d) if the Secretary determines that the activity is ineffective at preventing cannabis-impaired driving after conducting an evaluation required under section 223(b) of the Cannabis Administration and Opportunity Act. (f) Grant amounts (1) In general The allocation of grant funds to a State under this section for a fiscal year shall be in proportion to the apportionment of funds a State receives under section 402(c)(2). (2) Requirement Not less than 10 percent of the funds allocated to a State under this section shall be used to carry out activities described in subsection (d)(1)(B). (g) Federal share (1) In general For the first 3 fiscal years after the date on which the grant program is established under subsection (b), and each fiscal year thereafter for a State that meets the condition described in paragraph (2)(B) during that fiscal year, the Federal share of the costs of activities carried out with a grant awarded under the grant program shall be 80 percent in any fiscal year in which the State is awarded a grant. (2) Decreased Federal share (A) In general For any State that does not meet the condition described in subparagraph (B), the Federal share of the costs of activities carried out with a grant awarded under the grant program shall be— (i) 70 percent in the fourth fiscal year after the date on which the grant program is established under subsection (b); (ii) 60 percent in the fifth fiscal year after that date; and (iii) 50 percent in the sixth fiscal year after that date and each fiscal year thereafter. (B) Condition The condition referred to in paragraph (1) and subparagraph (A) is that the State shall implement an open container law relating to cannabis products. (h) Funding In addition to amounts otherwise available, there is appropriated, out of any money in the Treasury not otherwise appropriated, $45,000,000 for each of fiscal years 2023 through 2027 to carry out this section. . (b) Clerical amendment The analysis for chapter 4 of title 23, United States Code, is amended by inserting after the item relating to section 408 the following: 409. State cannabis-impaired driving prevention grant program. . 225. National cannabis impairment standard (a) In general Not later than 3 years after the date of enactment of this Act, and once every 2 years thereafter, the Secretary shall make a determination as to whether or not it is feasible to establish a national standard for determining impairment for cannabis-impaired driving. (b) Rulemaking required If the Secretary determines that establishing a national standard relating to cannabis-impaired driving under subsection (a) is feasible, the Secretary shall, not later than 1 year after that determination, promulgate regulations establishing a model marijuana impairment standard for States. 226. Funding In addition to amounts otherwise available, there is appropriated, out of any money in the Treasury not otherwise appropriated, $30,000,000 for each of fiscal years 2023 through 2027 to carry out sections 222 and 223. III Restorative justice and opportunity A Opportunity trust fund programs 301. Opportunity trust fund programs (a) Cannabis justice office; community reinvestment grant program (1) Cannabis justice office Part A of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq. ) is amended by inserting after section 109 the following: 110. Cannabis justice office (a) Establishment There is established within the Office of Justice Programs a Cannabis Justice Office. (b) Director The Cannabis Justice Office shall be headed by a Director who shall be appointed by the Assistant Attorney General for the Office of Justice Programs. The Director shall report to the Assistant Attorney General for the Office of Justice Programs. The Director shall award grants and may enter into compacts, cooperative agreements, and contracts on behalf of the Cannabis Justice Office. The Director may not engage in any employment other than that of serving as the Director, nor may the Director hold any office in, or act in any capacity for, any organization, agency, or institution with which the Office makes any contract or other arrangement. (c) Employees (1) In general The Director shall employ as many full-time employees as are needed to carry out the duties and functions of the Cannabis Justice Office under subsection (d). Such employees shall be exclusively assigned to the Cannabis Justice Office. (2) Initial hires Not later than 6 months after the date of enactment of this section, the Director shall— (A) hire no less than one-third of the total number of employees of the Cannabis Justice Office; (B) no more than one-half of the employees assigned to the Cannabis Justice Office by term appointment that may after 2 years be converted to career appointment; and (C) hire at least 1 employee to serve as a Tribal Relations Coordinator. (3) Legal counsel At least one employee hired for the Cannabis Justice Office shall serve as legal counsel to the Director and shall provide counsel to the Cannabis Justice Office. (d) Duties and functions The Cannabis Justice Office is authorized to— (1) administer the Community Reinvestment Grant Program; and (2) perform such other functions as the Assistant Attorney General for the Office of Justice Programs may delegate, that are consistent with the statutory obligations of this section. . (2) Community reinvestment 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: PP COMMUNITY REINVESTMENT GRANT PROGRAM 3061. Authorization The Director of the Cannabis Justice Office shall establish and carry out a grant program, known as the Community Reinvestment Grant Program , to provide eligible entities with funds to administer services for individuals adversely impacted by the War on Drugs, including— (1) job training; (2) reentry services; (3) legal aid for civil and criminal cases, including expungement of cannabis convictions; (4) literacy programs; (5) youth recreation or mentoring programs; and (6) health education programs. 3062. Definitions In this part: (1) The term cannabis conviction means a conviction, or adjudication of juvenile delinquency, for a cannabis offense (as such term is defined in section 3 of the Cannabis Administration and Opportunity Act ). (2) The term eligible entity means a nonprofit organization, as described in section 501(c)(3) of the Internal Revenue Code and exempt from taxation under section 501(a) of such Code, an Indian Tribe, a Tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )), or a Native Hawaiian-serving entity that is representative of a community or a significant segment of a community with experience in providing relevant services to individuals adversely impacted by the War on Drugs in that community. (3) The term individual adversely impacted by the War on Drugs has the meaning given that term in section 301(b)(1) of the Cannabis Administration and Opportunity Act . (4) The term Native Hawaiian-serving entity means— (A) a Native Hawaiian organization (as defined in section 6207 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7517 )); (B) the Department of Hawaiian Home Lands; and (C) the Office of Hawaiian Affairs. . (b) Cannabis opportunity program; equitable licensing grant program (1) Definitions In this subsection: (A) Administration; Administrator The terms Administration and Administrator mean the Small Business Administration and the Administrator thereof, respectively. (B) Eligible Indian tribe The term eligible Indian Tribe means an Indian Tribe that has taken steps— (i) to create an automatic process, at no cost to an individual, to expunge, destroy, or seal criminal records for cannabis offenses; and (ii) to eliminate violations or other penalties for individuals under parole, probation, pre-trial, or other Tribal criminal supervision for a cannabis offense. (C) Eligible State or locality The term eligible State or locality means a State or locality that has taken steps— (i) to create an automatic process, at no cost to an individual, to expunge, destroy, or seal criminal records for cannabis offenses; and (ii) to eliminate violations or other penalties for individuals under parole, probation, pre-trial, or other State or local criminal supervision for a cannabis offense. (D) Federal Poverty Level The term Federal Poverty Level has the meaning given the term poverty line in section 2110(c) of the Social Security Act ( 42 U.S.C. 1397jj(c) ). (E) Individual adversely impacted by the War on Drugs The term individual adversely impacted by the War on Drugs means an individual— (i) who has had an income below 250 percent of the Federal Poverty Level for not fewer than 5 of the past 10 years, as of the date on which the individual seeks to participate in a program established under this section or an amendment made by this section; and (ii) (I) who has been arrested for, or convicted of, the sale, possession, use, manufacture, or cultivation of cannabis (except for a conviction involving distribution to a minor); or (II) the parent, sibling, spouse, or child of whom has been arrested for, or convicted of, an offense described in subclause (I). (F) Small business concern owned and controlled by socially and economically disadvantaged individuals The term small business concern owned and controlled by socially and economically disadvantaged individuals has the meaning given the term in section 8(d)(3)(C) of the Small Business Act ( 15 U.S.C. 637(d)(3)(C) ). (G) State The term State means— (i) each of the several States; (ii) the District of Columbia; (iii) the Commonwealth of Puerto Rico; and (iv) any territory or possession of the United States. (2) Cannabis restorative opportunity program (A) In general The Administrator shall establish and carry out a program, to be known as the Cannabis Restorative Opportunity Program , to provide loans and technical assistance under section 7(m) of the Small Business Act ( 15 U.S.C. 636(m) ) to assist small business concerns owned and controlled by socially and economically disadvantaged individuals that operate— (i) in eligible States or localities; or (ii) in the jurisdiction of eligible Indian Tribes. (B) Tribal set aside Of the amounts made available to carry out subparagraph (A), 5 percent shall be used to provide loans and technical assistance under section 7(m) of the Small Business Act ( 15 U.S.C. 636(m) ) to assist small business concerns owned and controlled by socially and economically disadvantaged individuals that operate in the jurisdiction of an eligible Indian Tribe. (3) Equitable licensing grant program The Administrator shall establish and carry out a grant program, to be known as the Equitable Licensing Grant Program , to provide any eligible State or locality or eligible Indian Tribe funds to develop and implement equitable cannabis licensing programs that minimize barriers to cannabis licensing and employment for individuals adversely impacted by the War on Drugs, provided that each grantee includes in the cannabis licensing program of the grantee not less than 4 of the following elements: (A) A waiver of cannabis license application fees for an individual who— (i) has had an income below 250 percent of the Federal Poverty Level for not fewer than 5 of the 10 years preceding the date on which the individual submits an application; and (ii) is a first-time applicant. (B) A prohibition on the denial of a cannabis license based on a conviction for a cannabis offense that took place before the eligible State or locality (or, in the case of a locality, the State in which the locality is located) or eligible Indian Tribe legalized the production, distribution, or possession of cannabis or the date of enactment of this Act, as applicable. (C) A prohibition on restrictions for licensing relating to criminal convictions except with respect to a criminal conviction related to owning and operating a business. (D) A prohibition on cannabis license holders engaging in suspicionless cannabis drug testing of their prospective or current employees, except with respect to drug testing for safety-sensitive positions under part 40 of title 49, Code of Federal Regulations, or any successor regulations. (E) The establishment of a cannabis licensing board that— (i) is reflective of the racial, ethnic, economic, and gender composition of the eligible State or locality or eligible Indian Tribe; (ii) includes at least 1 representative from an eligible Indian Tribe that has jurisdiction within that eligible State or locality or that has Tribal jurisdiction, as applicable; and (iii) shall serve as an oversight body of the equitable licensing program. (4) Study on programs (A) GAO study Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Comptroller General of the United States, in consultation with the Administrator, shall conduct a study on the individuals and entities receiving assistance under the Cannabis Restorative Opportunity and Equitable Licensing Programs established under paragraphs (2) and (3), respectively, which shall include— (i) the types of assistance by State; and (ii) a description of— (I) the efforts by the Administration to increase access to capital for cannabis-related small business concerns owned and controlled by socially and economically disadvantaged individuals and small business concerns owned and controlled by individuals adversely impacted by the War on Drugs; and (II) the racial, ethnic, economic and gender composition of the eligible State or locality. (B) Report The Comptroller General of the United States shall submit a report on the results of each study conducted under subparagraph (A) to— (i) the Committee on Small Business and Entrepreneurship of the Senate; (ii) the Committee on Small Business of the House of Representatives; (iii) the Committee on the Judiciary of the Senate; and (iv) the Committee on the Judiciary of the House of Representatives. (c) Appropriations (1) Community Reinvestment Grant Program In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $1,650,000,000 for fiscal year 2023, to remain available until September 30, 2027, to carry out the program under part PP of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq. ), as added by subsection (a)(2). (2) Cannabis Restorative Opportunity Program In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $17,000,000 for fiscal year 2023, to remain available until September 30, 2027, to carry out the program under subsection (b)(2). (3) Equitable Licensing Grant Program In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $550,000,000 for fiscal year 2023, to remain available until September 30, 2027, to carry out the program under subsection (b)(3). 302. Comprehensive opioid, stimulant, and substance use disorder program (a) In general Part LL of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10701 et seq. ) is amended— (1) in the part heading, by striking opioid abuse grant and inserting opioid, stimulant, and substance use disorder ; (2) in section 3021(a) ( 34 U.S.C. 10701(a) )— (A) in paragraph (2), by striking opioid abuse and inserting substance use disorder ; (B) in paragraph (7), by striking opioid abuse and inserting substance use disorder ; and (C) in paragraph (10), by striking opioid and inserting substance misuse and ; and (3) in section 3022(4) ( 34 U.S.C. 10702(4) ), by striking opioid abuse and inserting substance misuse and abuse . (b) Appropriation In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $200,000,000 for each of fiscal years 2023 through 2027 to carry out the program under part LL of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by subsection (a) of this section. 303. Availability of small business administration programs and services to cannabis-related legitimate businesses and service providers (a) Definitions relating to cannabis-Related legitimate businesses and service providers Section 3 of the Small Business Act ( 15 U.S.C. 632 ) is amended by adding at the end the following: (gg) Cannabis-Related legitimate businesses and service providers In this Act: (1) Cannabis; cannabis product The terms cannabis and cannabis product have the meanings given those terms in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). (2) Cannabis-related legitimate business The term cannabis-related legitimate business means a manufacturer, producer, or any person or company that is a small business concern and that— (A) engages in any activity described in subparagraph (B) pursuant to a law established by an Indian tribe (as defined in section 8(a)(13)), a State, or a political subdivision of a State, as determined by that Indian tribe (as so defined), State, or political subdivision; and (B) participates in any business or organized activity that involves handling cannabis or cannabis products, including cultivating, producing, manufacturing, selling, transporting, displaying, dispensing, distributing, or purchasing cannabis or cannabis products. (3) Cannabis-related service provider The term cannabis-related service provider — (A) means a business, organization, or other person that— (i) sells goods or services to a cannabis-related legitimate business; or (ii) provides any business services, including the sale or lease of real or any other property, legal or other licensed services, or any other ancillary service, relating to cannabis; and (B) does not include a business, organization, or other person that participates in any business or organized activity that involves handling cannabis or cannabis products, including cultivating, producing, manufacturing, selling, transporting, displaying, dispensing, distributing, or purchasing cannabis or cannabis products. . (b) Small business development centers Section 21(c) of the Small Business Act ( 15 U.S.C. 648(c) ) is amended by adding at the end the following: (9) Services for cannabis-Related legitimate businesses and service providers A small business development center may not decline to provide services to an otherwise eligible small business concern under this section solely because the concern is a cannabis-related legitimate business or cannabis-related service provider. . (c) Women’s business centers Section 29 of the Small Business Act ( 15 U.S.C. 656 ) is amended by adding at the end the following: (p) Services for cannabis-Related legitimate businesses and service providers A women’s business center may not decline to provide services to an otherwise eligible small business concern under this section solely because the concern is a cannabis-related legitimate business or cannabis-related service provider. . (d) Score Section 8(b)(1)(B) of the Small Business Act ( 15 U.S.C. 637(b)(1)(B) ) is amended by adding at the end the following: The head of the SCORE program established under this subparagraph may not decline to provide services to an otherwise eligible small business concern solely because the concern is a cannabis-related legitimate business or cannabis-related service provider. . (e) Veteran business outreach centers Section 32 of the Small Business Act ( 15 U.S.C. 657b ) is amended by adding at the end the following: (h) Services for cannabis-Related legitimate businesses and service providers A Veteran Business Outreach Center may not decline to provide services to an otherwise eligible small business concern under this section solely because the concern is a cannabis-related legitimate business or cannabis-related service provider. . (f) Community Navigators Pilot Program Section 5004 of the American Rescue Plan Act ( Public Law 117–2 ; 135 Stat. 90) is amended by adding at the end the following: (e) Assistance to cannabis-Related legitimate businesses and service providers The Administrator may not decline to make a grant to or enter into a contract or cooperative agreement with an entity under this section solely because the entity is a cannabis-related business or cannabis-related service provider (as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 )). . (g) 7( a ) loans Section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ) is amended by adding at the end the following: (38) Loans to cannabis-related legitimate businesses and service providers The Administrator may not decline to provide a guarantee for a loan under this subsection, and a lender may not decline to make a loan under this subsection, to an otherwise eligible small business concern solely because the concern is a cannabis-related legitimate business or cannabis-related service provider. . (h) Disaster loans Section 7(b) of the Small Business Act ( 15 U.S.C. 636(b) ) is amended by inserting after paragraph (15) the following: (16) Assistance to cannabis-related legitimate businesses and service providers The Administrator may not decline to provide assistance under this subsection to an otherwise eligible small business concern solely because the concern is a cannabis-related legitimate business or cannabis-related service provider. . (i) Microloans Section 7(m) of the Small Business Act ( 15 U.S.C. 636(m) ) is amended by adding at the end the following: (14) Assistance to cannabis-related legitimate businesses and service providers The Administrator may not decline to make a loan or a grant under this subsection, and an eligible intermediary may not decline to provide assistance under this subsection to an otherwise eligible borrower, eligible intermediary, or eligible nonprofit entity (as applicable) solely because such borrower, intermediary, or nonprofit entity is a cannabis-related legitimate business or cannabis-related service provider. . (j) Small business investment company debentures To finance cannabis-Related legitimate businesses and service providers Part A of title III of the Small Business Investment Act of 1958 ( 15 U.S.C. 681 et seq. ) is amended by adding at the end the following: 321. Debentures to finance cannabis-related legitimate businesses and service providers (a) Guarantees The Administrator may not decline to purchase or guarantee a debenture made under this title to an otherwise eligible small business investment company solely because such small business investment company provides financing to an entity that is a cannabis-related legitimate business or cannabis-related service provider (as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 )). (b) Other assistance A small business investment company may not decline to provide assistance under this title to an otherwise eligible small business concern solely because the small business concern is a cannabis-related legitimate business or cannabis-related service provider (as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 )). . (k) State or local development company loans Title V of the Small Business Investment Act of 1958 ( 15 U.S.C. 695 et seq. ) is amended by adding at the end the following: 511. Loans to finance cannabis-related legitimate businesses and service providers (a) Loans and loan guarantees The Administrator may not decline to make or provide a guarantee for a loan under this title to an otherwise eligible qualified State, Tribal, or local development company solely because such qualified State, Tribal, or local development company provides financing to an entity that is a cannabis-related legitimate business or cannabis-related service provider (as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 )). (b) Other assistance A qualified State or local development company may not decline to provide assistance under this title to an otherwise eligible small business concern solely because such small business concern is a cannabis-related legitimate business or cannabis-related service provider (as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 )). . 304. Demographic data of cannabis business owners and employees (a) In general The Bureau of Labor Statistics shall regularly compile, maintain, and make public data on the demographics of— (1) individuals who are business owners in the cannabis industry; and (2) individuals who are employed in the cannabis industry. (b) Demographic data The data collected under subsection (a) shall include data regarding— (1) age; (2) certifications and licenses; (3) disability status; (4) educational attainment; (5) family and marital status; (6) nativity; (7) race and Hispanic ethnicity; (8) school enrollment; (9) veteran status; and (10) sex. (c) Confidentiality Notwithstanding any other provision in this section, the name, address, and other identifying information of an individual described in subsection (a) shall be kept confidential by the Bureau of Labor Statistics and not be made available to the public. (d) Definitions In this section: (1) Cannabis The term cannabis has the meaning given such term in section 3. (2) Cannabis industry The term cannabis industry means the industry, in any State, jurisdiction of an Indian Tribe, or locality in the United States, in which an individual or entity— (A) conducts businesses pursuant to a permit issued under section 302 of the Federal Alcohol Administration Act, as added by section 511; or (B) is otherwise licensed or permitted under the law in such State, jurisdiction of such Indian Tribe, or law in such locality to engage in a commercial cannabis-related activity. (3) Owner The term owner , with respect to a business, means an individual or entity that is defined as an owner under the State, Tribal, or local law where the individual or entity is licensed or permitted to operate such business. (4) State The term State means— (A) each of the several States; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any territory or possession of the United States. 305. Pilot program Section 7 of the Small Business Act ( 15 U.S.C. 636 ) is amended by adding at the end the following: (o) Pilot program (1) Definitions In this subsection: (A) Eligible intermediary The term eligible intermediary means— (i) a private, nonprofit entity, including a private, nonprofit community development corporation, a consortium of private, nonprofit organizations or nonprofit community development corporations, and an agency of or nonprofit entity established by a Native American Tribal Government, that— (I) seeks or has been awarded a loan from the Administrator to make loans to small business concerns under this subsection; and (II) has not less than 1 year of experience making loans to startup or socially and economically disadvantaged small business concerns; (ii) 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 ); and (iii) a minority depository institution, as defined in section 308 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 ( 12 U.S.C. 1463 note). (B) Individual adversely impacted by the War on Drugs The term individual adversely impacted by the War on Drugs has the meaning given the term in section 301(b) of the Cannabis Administration and Opportunity Act . (C) Program The term Program means the small business intermediary lending pilot program established under paragraph (2). (D) Socially and economically disadvantaged small business concern The term socially and economically disadvantaged small business concern has the meaning given the term in section 8(a)(4)(A). (2) Establishment There is established a 10-year small business intermediary lending pilot program under which the Administrator may— (A) make direct loans to eligible intermediaries for the purpose of making loans to startup small business concerns, small business concerns owned and controlled by individuals adversely impacted by the War on Drugs, or socially and economically disadvantaged small business concerns; and (B) in conjunction with the direct loans described in subparagraph (A), make grants to eligible intermediaries for the purpose of providing intensive marketing, management, regulatory compliance, and technical assistance to the small business concerns described in subparagraph (A) that receive a loan under this subsection. (3) Loans to eligible intermediaries (A) Application Each eligible intermediary desiring a loan under this subsection shall submit an application to the Administrator that describes— (i) the type of small business concerns to be assisted; (ii) the size and range of loans to be made; (iii) the interest rate and terms of loans to be made; (iv) the geographic area to be served and the economic, poverty, and unemployment characteristics of the area; (v) the status of small business concerns in the area to be served and an analysis of the availability of credit; (vi) the marketing, management, regulatory compliance, and other technical assistance to be provided in connection with a loan made under this subsection; and (vii) the qualifications of the applicant to carry out this subsection. (B) Loan limits No loan may be made to an eligible intermediary under this subsection if the total amount outstanding and committed to the eligible intermediary by the Administrator would, as a result of such loan, exceed $10,000,000 during the participation of the eligible intermediary in the Program. (C) Loan duration Loans made by the Administrator under this subsection shall be for a term of 20 years. (D) Applicable interest rate Loans made by the Administrator to an eligible intermediary under the Program shall bear an annual interest rate equal to the interest rate described in subsection (m)(3)(F)(ii). (E) Fees; collateral The Administrator may not charge any fees or require collateral with respect to any loan made to an eligible intermediary under this subsection. (F) Delayed payments The Administrator shall not require the repayment of principal or interest on a loan made to an eligible intermediary under the Program during the 2-year period beginning on the date of the initial disbursement of funds under that loan. (G) Maximum participants and amounts During each fiscal years, the Administrator may make loans under the Program— (i) to not more than 30 eligible intermediaries; and (ii) in a total amount of not more than $300,000,000. (4) Loans to small business concerns (A) In general The Administrator, through an eligible intermediary, shall make loans to the small business concerns described in paragraph (2) for eligible uses under subsection (a). (B) Maximum loan An eligible intermediary may not make a loan under this subsection of more than $200,000 to any 1 small business concern. (C) Applicable interest rates (i) In general Subject to clause (ii), a loan made by an eligible intermediary to a small business concern under this subsection— (I) may have a fixed or a variable interest rate; and (II) shall bear an interest rate specified by the eligible intermediary in the application of the eligible intermediary for a loan under this subsection. (ii) Restrictions The Administrator may limit the interest rate or provide forbearance or deferment on repayment of a loan made by an eligible intermediary to a small business concern under this section. (D) Review restrictions The Administrator may not review individual loans made by an eligible intermediary to a small business concern before approval of the loan by the eligible intermediary. (5) Funding In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, for fiscal year 2023, to remain available until September 30, 2027— (A) $90,000,000 to carry out paragraph (2)(A); and (B) $41,000,000 to carry out paragraph (2)(B). (6) Termination The authority of the Administrator to make loans under the Program shall terminate on the date that is 10 years after the date of enactment of this subsection. (7) Sense of the Senate It is the sense of the Senate that the Administrator should issue regulations to ensure that the processing and disbursement of loans under this subsection prioritizes individuals adversely impacted by the War on Drugs. . 306. Eliminating disparities among cannabis-related legitimate businesses and service providers (a) Definitions In this section— (1) the terms cannabis-related legitimate business and cannabis-related service provider have the meanings given those terms in section 3 of the Small Business Act ( 15 U.S.C. 632 ), as added by section 303; and (2) the term individual adversely impacted by the War on Drugs has the meaning given the term in section 301(b). (b) Review The Administrator of the Small Business Administration— (1) shall review regulations, policies, and guidance of the Administration to eliminate disparities for cannabis-related legitimate businesses and cannabis-related service providers, including by reducing regulatory burdens and increasing loan eligibility for minority businesses and individuals adversely impacted by the War on Drugs; and (2) in carrying out paragraph (1), may consider effective, State-level systems designed to eliminate disparities for cannabis-related legitimate businesses and cannabis-related service providers. B Restorative justice 311. Resentencing and expungement (a) Expungement of federal cannabis offense convictions for individuals not under a criminal justice sentence (1) In general Not later than 1 year after the date of the enactment of this Act, each Federal district shall conduct a comprehensive review and issue an order expunging each conviction or adjudication of juvenile delinquency for a Federal cannabis offense entered by each Federal court in the district before the date of enactment of this Act and on or after May 1, 1971. Each Federal court shall also issue an order expunging any arrests associated with each expunged conviction or adjudication of juvenile delinquency. (2) Notification To the extent practicable, each Federal district shall notify each individual whose arrest, conviction, or adjudication of delinquency has been expunged pursuant to this subsection that their arrest, conviction, or adjudication of juvenile delinquency has been expunged, and the effect of such expungement. (3) Right to petition court for expungement At any point after the date of enactment of this Act, any individual with a prior conviction or adjudication of juvenile delinquency for a Federal cannabis offense, who is not under a criminal justice sentence, may file a motion for expungement. If the expungement of such a conviction or adjudication of juvenile delinquency is required pursuant to this Act, the court shall expunge the conviction or adjudication, and any associated arrests. If the individual is indigent, counsel shall be appointed to represent the individual in any proceedings under this subsection. (4) Sealed record The court shall seal all records related to a conviction or adjudication of juvenile delinquency that has been expunged under this subsection. Such records may only be made available by further order of the court. (5) Certification The court shall provide a certificate to the individual receiving expungement for a prior Federal cannabis offense. Any records of this certification shall be sealed under paragraph (4). (b) Effect of expungement An individual who has had an arrest, a conviction, or juvenile delinquency adjudication expunged under this section— (1) may treat the arrest, conviction, or adjudication as if it never occurred; (2) shall be immune from any civil or criminal penalties related to perjury, false swearing, or false statements, for a failure to disclose such arrest, conviction, or adjudication; and (3) shall not be subject to any loss of Federal benefits related to the expunged cannabis offense. (c) Exception An individual who at sentencing received an aggravating role adjustment pursuant to section 3B1.1(a) of the United States Sentencing Guidelines in relation to a Federal cannabis offense conviction shall not be eligible for expungement of that Federal cannabis offense conviction under this section, unless a Federal court conducting the sentencing review finds mitigating factors to warrant expungement, including the age of the individual at the time of the arrest, conviction, or adjudication, the role of the individual in the offense, or whether it was the first Federal cannabis offense committed by the individual. (d) Definitions In this section: (1) The term Federal cannabis offense means an offense that is no longer punishable pursuant to this Act or the amendments made under this Act. (2) The term expunge means, with respect to an arrest, a conviction, or a juvenile delinquency adjudication, the removal of the record of such arrest, conviction, or adjudication from each official index or public record. (3) The term under a criminal justice sentence means, with respect to an individual, that the individual is serving a term of probation, parole, supervised release, imprisonment, official detention, pre-release custody, or work release, pursuant to a sentence or disposition of juvenile delinquency imposed on or after May 1, 1971. (e) Study The Comptroller General of the United States, in consultation with the Secretary of Health and Human Services, shall conduct a demographic study of individuals convicted of a Federal cannabis offense. Such study shall include information about the age, race, ethnicity, sex, and gender identity of those individuals, the type of community such users dwell in, and such other demographic information as the Comptroller General determines should be included. (f) Report Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall report to Congress the results of the study conducted under subsection (f). 312. No discrimination in the provision of a Federal public benefit on the basis of cannabis (a) In general No person may be denied any Federal public benefit (as such term is defined in section 401(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1611(c) )) on the basis of any use or possession of cannabis, or on the basis of a conviction or adjudication of juvenile delinquency for a cannabis offense, by that person. (b) Security clearances A Federal agency may not grant, deny, or rescind a security clearance based solely on past or present cannabis use. 313. No adverse effect for purposes of the immigration laws (a) In general For purposes of the immigration laws (as defined in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) )), cannabis may not be considered a controlled substance, and an alien may not be denied any benefit or protection under the immigration laws based on any event, including conduct, a finding, an admission, addiction or abuse, an arrest, a juvenile adjudication, or a conviction, relating to cannabis, regardless of whether the event occurred before, on, or after the effective date of this Act. (b) Amendments to the Immigration and Nationality Act The Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended— (1) in section 101(f)(3) ( 8 U.S.C. 1101(f)(3) ), by striking (except as such paragraph relates to a single offense of simple possession of 30 grams or less of marihuana) ; (2) in section 210(c)(2)(B)(ii)(III) ( 8 U.S.C. 1160(c)(2)(B)(ii)(III) ), by striking , except for so much of such paragraph as relates to a single offense of simple possession of 30 grams or less of marihuana ; (3) in section 212(h) ( 8 U.S.C. 1182(h) ), by striking and subparagraph (A)(i)(II) of such subsection insofar as it relates to a single offense of simple possession of 30 grams or less of marijuana ; (4) in section 237(a)(2)(B)(i) (8 U.S.C. (a)(2)(B)(i)), by striking , other than a single offense involving possession for one’s own use of 30 grams or less of marijuana ; (5) in section 240(c)(6) ( 8 U.S.C. 1229a(c)(6) ), by amending subparagraphs (A) and (B) to read as follows: (A) Right to file (i) In general Except as provided in clause (ii), a noncitizen may file 1 motion to reconsider a decision that the alien is removable from the United States. (ii) Removal orders impacted by cannabis offenses In addition to the motion authorized under clause (i), a removal order shall be reconsidered upon a motion filed at any time by a noncitizen demonstrating that— (I) such order was based, in whole or in part, on an offense relating to cannabis that rendered the noncitizen deportable or inadmissible; or (II) an offense relating to cannabis— (aa) rendered the noncitizen ineligible for a benefit or relief under this Act; or (bb) formed all or part of the basis for the denial of a benefit or relief under this Act. (B) Deadline A motion to reconsider under subparagraph (A)(i) shall be filed not later than 30 days after the date of entry of the relevant final administrative order of removal. ; (6) in section 244(c)(2)(A)(iii)(II) ( 8 U.S.C. 1254a(c)(2)(A)(iii)(II) ) by striking , except for so much of such paragraph as relates to a single offense of simple possession of 30 grams or less of marijuana ; (7) in section 245(h)(2)(B) ( 8 U.S.C. 1255(h)(2)(B) ) by striking (except for so much of such paragraph as related to a single offense of simple possession of 30 grams or less of marijuana) ; and (8) in section 245A(d)(2)(B)(ii)(II) ( 8 U.S.C. 1255a(d)(2)(B)(ii)(II) ) by striking , except for so much of such paragraph as relates to a single offense of simple possession of 30 grams or less of marihuana . 314. Provision by health care providers of the Department of Veterans Affairs of recommendations and opinions regarding veteran participation in cannabis programs Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall update all applicable regulations, guidance, memoranda, and policies of the Department of Veterans Affairs to authorize physicians and other health care providers employed by the Department— (1) to provide recommendations and opinions to veterans regarding the participation of such veterans in cannabis programs authorized under State or Federal law; and (2) to complete forms reflecting such recommendations and opinions. 315. Provision by health care providers of Indian health programs of recommendations and opinions regarding participation in cannabis programs Not later than 180 days after the date of enactment of this Act, the Director of the Indian Health Service shall update all applicable regulations, guidance, memoranda, and policies of the Indian Health Service to authorize health care providers (as defined in section 805(a) of the Indian Health Care Improvement Act ( 25 U.S.C. 1675(a) ))— (1) to provide recommendations and opinions to patients relating to the participation of those patients in State or Tribal cannabis programs authorized under Federal or State law; and (2) to complete forms reflecting those recommendations and opinions. IV Taxation and Establishment of Trust Fund 401. Creation of Opportunity Trust Fund and imposition of taxes with respect to cannabis products (a) Cannabis Revenue and Regulation Act Subtitle E of the Internal Revenue Code of 1986 is amended by adding at the end the following new chapter: 56 Cannabis Products Subchapter A. Tax on Cannabis Products Subchapter B. Authorization and Bond Requirements Subchapter C. Operations Subchapter D. Penalties A Tax on Cannabis Products Sec. 5901. Imposition of tax. Sec. 5902. Definitions. Sec. 5903. Liability and method of payment. Sec. 5904. Exemption from tax; transfers in bond. Sec. 5905. Credit, refund, or drawback of tax. 5901. Imposition of tax (a) Imposition of tax There is hereby imposed on any cannabis product produced in or imported into the United States a tax equal to— (1) for any such product removed during the first 5 calendar years ending after the date on which this chapter becomes effective, the applicable percentage of such product’s removal price, and (2) for any product removed during any calendar year after the calendar years described in paragraph (1), the applicable equivalent amount. (b) Applicable percentage For purposes of subsection (a)(1), the applicable percentage shall be determined as follows: (1) For any cannabis product sold during the first 2 calendar years in which this chapter becomes effective, 10 percent. (2) For any cannabis product sold during the calendar year after the period described in paragraph (1), 15 percent. (3) For any cannabis product sold during the calendar year after the period described in paragraph (2), 20 percent. (4) For any cannabis product sold during the calendar year after the period described in paragraph (3), 25 percent. (c) Applicable equivalent amount (1) In general For purposes of subsection (a)(2), the term applicable equivalent amount means, with respect to any cannabis product removed during any calendar year, an amount equal to— (A) in the case of any cannabis product not described in subparagraph (B), the product of the applicable rate per ounce multiplied by the number of ounces of such product (and a proportionate tax at the like rate on all fractional parts of an ounce of such product), and (B) in the case of any THC product, the product of the applicable rate per gram multiplied by the number of grams of tetrahydrocannabinol in such product (and a proportionate tax at the like rate on all fractional parts of a gram of tetrahydrocannabinol in such product). (2) Applicable rates (A) In general For purposes of paragraph (1)(A), the term applicable rate per ounce means, with respect to any cannabis product removed during any calendar year, 25 percent of the prevailing sales price of cannabis flowers sold in the United States during the 12-month period ending one calendar quarter before such calendar year, expressed on a per ounce basis, as determined by the Secretary. (B) THC products For purposes of paragraph (1)(B), the term applicable rate per gram means, with respect to any cannabis product removed during any calendar year, 25 percent of the prevailing sales price of tetrahydrocannabinol sold in the United States during the 12-month period ending one calendar quarter before such calendar year, expressed on a per gram basis, as determined by the Secretary. (d) Time of attachment on cannabis products; lien for tax (1) Time of attachment The tax under this section shall attach to any cannabis product as soon as such product is in existence as such, whether it be subsequently separated or transferred into any other substance, either in the process of original production or by any subsequent process. (2) Lien for tax (A) In general The tax imposed by this section shall be a first lien on the cannabis product from the time the product is in existence as such until the tax is paid. (B) Exceptions The lien imposed by this paragraph shall terminate in the case of products produced at a cannabis production facility when such products are— (i) withdrawn from bonded premises on determination of tax, (ii) withdrawn from bonded premises free of tax under provisions of section 5904(a), or (iii) exported, deposited in a foreign-trade zone, or deposited in a customs bonded warehouse. (e) Credit for qualified domestic manufacturers (1) In general In the case of a qualified domestic manufacturer of cannabis products, there shall be allowed as a credit against any tax imposed by subsection (a) for the calendar year an amount equal to 50 percent of the applicable tax amount for such calendar year. (2) Applicable tax amount (A) In general For purposes of this subsection, the applicable tax amount shall be an amount equal to the lesser of— (i) the amount of any tax imposed by subsection (a) for the calendar year, or (ii) the phase-in amount. (B) Phase-in amount For purposes of subparagraph (A), the phase-in amount shall be an amount equal to— (i) for the calendar year which includes the date on which this chapter first becomes effective, $2,000,000, (ii) for the first calendar year subsequent to the calendar year described in clause (i), $2,000,000, (iii) for the second calendar year subsequent to the calendar year described in clause (i), $3,000,000, (iv) for the third calendar year subsequent to the calendar year described in clause (i), $4,000,000, and (v) for any calendar years subsequent to the calendar year described in clause (iv), $5,000,000. (3) Credit not allowed for cannabis received in bond, imported, smuggled, or illegally produced (A) In general The credit under this subsection shall not apply in the case of any cannabis which is— (i) received in bond, (ii) imported, (iii) smuggled into the United States, or (iv) produced other than as authorized by this chapter. (B) Substantial processing exception Subparagraph (A)(i) shall not apply with respect to any cannabis which is transferred in bond solely as unprocessed plant matter if such cannabis is processed by the taxpayer to produce an extract which contains no plant matter. (C) Contract packaging and labeling exception In the case of cannabis transferred in bond from the person who produced such cannabis (hereinafter referred to as transferor ) to another person for packaging or labeling of such cannabis, and returned to the transferor for removal, subparagraph (A)(i) shall not apply, but only if the transferor retains title during the entire period between such production and removal. (4) Single taxpayer Pursuant to rules issued by the Secretary, 2 or more entities (whether or not under common control) that produce any cannabis product under a license, franchise, or other arrangement shall be treated as a single taxpayer for purposes of the application of this subsection. (5) Time for determining and allowing credit The credit allowable by paragraph (1)— (A) shall be determined at the same time the tax is determined under subsection (a) of this section, and (B) shall be allowable at the time the tax described in such subsection is payable as if the credit allowable by this subsection constituted a reduction in the rate of such tax. (6) Controlled groups Rules similar to rules of section 5051(a)(5) shall apply for purposes of this subsection. 5902. Definitions (a) Definitions related to cannabis products For purposes of this subtitle— (1) Cannabis; cannabis product The terms cannabis and cannabis product have the same meaning given such terms under subsection (ss) of section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). (2) Cannabis flower The term cannabis flower means any cannabis plant product consisting of the flower of the plant Cannabis sativa L., or any other part of such plant with significant concentrations of tetrahydrocannabinol as designated by the Secretary. (3) Cannabis plant product The term cannabis plant product means any part of the plant Cannabis sativa L. which— (A) is a cannabis product, and (B) does not contain any cannabis that has been processed, extracted, or concentrated (other than harvesting, drying, curing, or trimming). (4) THC product The term THC product means any cannabis product other than a cannabis plant product. (5) Tetrahydrocannabinol The term tetrahydrocannabinol means total tetrahydrocannabinol equivalent (as defined in paragraph (1)(B) of section 297A of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1639o )). (b) Definitions related to cannabis enterprises For purposes of this chapter— (1) Cannabis enterprise The term cannabis enterprise means a producer, importer, or export warehouse proprietor. (2) Producer (A) In general The term producer means any person who plants, cultivates, harvests, grows, manufactures, produces, compounds, converts, processes, prepares, or packages any cannabis product. (B) Personal use exception Subject to such regulations as the Secretary shall prescribe, the term producer shall not include any individual otherwise described in subparagraph (A) if the only cannabis product described in such subparagraph with respect to such individual is for personal or family use and not for sale, provided— (i) such individual is solely involved in the planting, cultivation, and growing of such cannabis, (ii) the planting, cultivation, and growing of such cannabis occurs only in such individual’s dwelling house, or in any shed, yard, or inclosure connected with such individual’s dwelling house, and (iii) the quantity of cannabis products planted, cultivated, and grown by such individual does not exceed the personal use production limitations determined by the Secretary as are necessary to protect the public and protect the revenue. (3) Importer The term importer means any person who— (A) is in the United States and to whom non-tax-paid cannabis products, produced in a foreign country or a possession of the United States, are shipped or consigned, (B) removes cannabis products for sale or consumption in the United States from a customs bonded warehouse, or (C) smuggles or otherwise unlawfully brings any cannabis product into the United States. (4) Export warehouse proprietor (A) In general The term export warehouse proprietor means any person who operates an export warehouse. (B) Export warehouse The term export warehouse means a bonded internal revenue warehouse for the storage of cannabis products, upon which the internal revenue tax has not been paid— (i) for subsequent shipment to a foreign country or a possession of the United States, or (ii) for consumption beyond the jurisdiction of the internal revenue laws of the United States. (5) Cannabis production facility The term cannabis production facility means an establishment which is qualified under subchapter B to perform any operation for which such qualification is required under such subchapter. (c) Other definitions For purposes of this chapter— (1) Produce The term produce includes any activity described in subsection (b)(2)(A). (2) Removal; remove The terms removal or remove means— (A) the transfer of cannabis products from the premises of a producer (or the transfer of such products from the bonded premises of a producer to a non-bonded premises of such producer), (B) release of such products from customs custody, or (C) smuggling or other unlawful importation of such products into the United States. (3) Removal price The term removal price means— (A) except as otherwise provided in this paragraph, the price for which the cannabis product is sold in the sale which occurs in connection with the removal of such product, (B) in the case of any such sale which is described in section 5903(c), the price determined under such section, and (C) if there is no sale which occurs in connection with such removal, the price which would be determined under section 5903(c) if such product were sold at a price which cannot be determined. 5903. Liability and method of payment (a) Liability for tax (1) Original liability The producer or importer of any cannabis product shall be liable for the taxes imposed thereon by section 5901. (2) Transfer of liability (A) In general When cannabis products are transferred, without payment of tax, pursuant to subsection (b) or (c) of section 5904— (i) except as provided in clause (ii), the transferee shall become liable for the tax upon receipt by the transferee of such articles, and the transferor shall thereupon be relieved of their liability for such tax, and (ii) in the case of cannabis products which are released in bond from customs custody for transfer to the bonded premises of a producer, the transferee shall become liable for the tax on such articles upon release from customs custody, and the importer shall thereupon be relieved of their liability for such tax. (B) Returned to bond All provisions of this chapter applicable to cannabis products in bond shall be applicable to such articles returned to bond upon withdrawal from the market or returned to bond after previous removal for a tax-exempt purpose. (b) Method of payment of tax (1) In general (A) Taxes paid on basis of return The taxes imposed by section 5901 shall be paid on the basis of return. The Secretary shall, by regulations, prescribe the period or the event to be covered by such return and the information to be furnished on such return. (B) Application to transferees In the case of any transfer to which subsection (a)(2)(A) applies, the tax under section 5901 on the transferee shall (if not otherwise relieved by reason of a subsequent transfer to which such subsection applies) be imposed with respect to the removal of the cannabis product from the bonded premises of the transferee. (C) Postponement Any postponement under this subsection of the payment of taxes determined at the time of removal shall be conditioned upon the filing of such additional bonds, and upon compliance with such requirements, as the Secretary may prescribe for the protection of the revenue. The Secretary may, by regulations, require payment of tax on the basis of a return prior to removal of the cannabis products where a person defaults in the postponed payment of tax on the basis of a return under this subsection or regulations prescribed thereunder. (D) Administration and penalties All administrative and penalty provisions of this title, insofar as applicable, shall apply to any tax imposed by section 5901. (2) Time for payment of taxes (A) In general Except as otherwise provided in this paragraph, in the case of taxes on cannabis products removed during any semimonthly period under bond for deferred payment of tax, the last day for payment of such taxes shall be the 14th day after the last day of such semimonthly period. (B) Imported articles In the case of cannabis products which are imported into the United States, the following provisions shall apply: (i) In general The last day for payment of tax shall be the 14th day after the last day of the semimonthly period during which the article is entered into the customs territory of the United States. (ii) Special rule for entry of warehousing Except as provided in clause (iv), in the case of an entry for warehousing, the last day for payment of tax shall not be later than the 14th day after the last day of the semimonthly period during which the article is removed from the first such warehouse. (iii) Foreign trade zones Except as provided in clause (iv) and in regulations prescribed by the Secretary, articles brought into a foreign trade zone shall, notwithstanding any other provision of law, be treated for purposes of this subsection as if such zone were a single customs warehouse. (iv) Exception for articles destined for export Clauses (ii) and (iii) shall not apply to any article which is shown to the satisfaction of the Secretary to be destined for export. (C) Cannabis products brought into the United States from Puerto Rico In the case of cannabis products which are brought into the United States from Puerto Rico and subject to tax under section 7652, the last day for payment of tax shall be the 14th day after the last day of the semimonthly period during which the article is brought into the United States. (D) Special rule where due date falls on Saturday, Sunday, or holiday Notwithstanding section 7503, if, but for this subparagraph, the due date under this paragraph would fall on a Saturday, Sunday, or a legal holiday (as defined in section 7503), such due date shall be the immediately preceding day which is not a Saturday, Sunday, or such a holiday. (E) Special rule for unlawfully produced cannabis products In the case of any cannabis products produced in the United States at any place other than the premises of a producer that has filed the bond and obtained the authorization required under this chapter, tax shall be due and payable immediately upon production. (3) Taxpayers liable for taxes of not more than $100,000 (A) In general (i) More than $10,000 and not more than $100,000 in taxes Except as provided in clause (ii), in the case of any taxpayer who reasonably expects to be liable for not more than $100,000 in taxes imposed with respect to cannabis products under sections 5901 and 7652 for the calendar year and who was liable for not more than $100,000 in such taxes in the preceding calendar year, the last day for the payment of tax on withdrawals, removals, and entries (and articles brought into the United States from Puerto Rico) shall be the 14th day after the last day of the calendar quarter during which the action giving rise to the imposition of such tax occurs. (ii) Not more than $10,000 in taxes In the case of any taxpayer who reasonably expects to be liable for not more than $10,000 in taxes imposed with respect to cannabis products under sections 5901 and 7652 for the calendar year and who was liable for not more than $10,000 in such taxes in the preceding calendar year, the last day for the payment of tax on withdrawals, removals, and entries (and articles brought into the United States from Puerto Rico) shall be the 14th day after the last day of the calendar year. (B) No application after limit exceeded (i) Exceeds $100,000 limit Subparagraph (A)(i) shall not apply to any taxpayer for any portion of the calendar year following the first date on which the aggregate amount of tax due under sections 5901 and 7652 from such taxpayer during such calendar year exceeds $100,000, and any tax under such sections which has not been paid on such date shall be due on the 14th day after the last day of the semimonthly period in which such date occurs. (ii) Exceeds $10,000 limit Subparagraph (A)(ii) shall not apply to any taxpayer for any portion of the calendar year following the first date on which the aggregate amount of tax due under sections 5901 and 7652 from such taxpayer during such calendar year exceeds $10,000, and any tax under such sections which has not been paid on such date shall be due on the 14th day after the last day of the calendar quarter in which such date occurs. (C) Calendar quarter For purposes of this paragraph, the term calendar quarter has the same meaning given such term under section 5061(d)(4)(C). (4) Payment by electronic fund transfer Any person who in any 12-month period, ending December 31, was liable for a gross amount equal to or exceeding $5,000,000 in taxes imposed on cannabis products by section 5901 (or section 7652) shall pay such taxes during the succeeding calendar year by electronic fund transfer (as defined in section 5061(e)(2)) to a Federal Reserve Bank. Rules similar to the rules of section 5061(e)(3) shall apply to the $5,000,000 amount specified in the preceding sentence. (c) Determination of Price (1) Constructive sale price (A) In general If an article is sold directly to consumers, sold on consignment, or sold (otherwise than through an arm’s length transaction) at less than the fair market price, or if the price for which the article sold cannot be determined, the tax under section 5901(a) shall be— (i) computed on the price for which such articles are sold, in the ordinary course of trade, by producers thereof, as determined by the Secretary, and (ii) imposed on either person involved in such sale, as determined by the Secretary. (B) Arm’s length (i) In general For purposes of this section, a sale is considered to be made under circumstances otherwise than at arm’s length if— (I) the parties are members of the same controlled group, whether or not such control is actually exercised to influence the sale price, (II) the parties are members of a family, as defined in section 267(c)(4), or (III) the sale is made pursuant to special arrangements between a producer and a purchaser. (ii) Controlled groups (I) In general The term controlled group has the meaning given to such term by subsection (a) of section 1563, except that more than 50 percent shall be substituted for at least 80 percent each place it appears in such subsection. (II) Controlled groups which include nonincorporated persons Under regulations prescribed by the Secretary, principles similar to the principles of subclause (I) shall apply to a group of persons under common control where one or more of such persons is not a corporation. (2) Containers, packing, and transportation charges In determining, for the purposes of this chapter, the price for which an article is sold, there shall be included any charge for coverings and containers of whatever nature, and any charge incident to placing the article in condition packed ready for shipment, but there shall be excluded the amount of tax imposed by this chapter, whether or not stated as a separate charge. A transportation, delivery, insurance, installation, or other charge (not required by the preceding sentence to be included) shall be excluded from the price only if the amount thereof is established to the satisfaction of the Secretary in accordance with regulations. (3) Determination of applicable equivalent amounts Paragraphs (1) and (2) shall apply for purposes of section 5901(c) only to the extent that the Secretary determines appropriate. (d) Partial payments and installment accounts (1) Partial payments In the case of— (A) a contract for the sale of an article wherein it is provided that the price shall be paid by installments and title to the article sold does not pass until a future date notwithstanding partial payment by installments, (B) a conditional sale, or (C) a chattel mortgage arrangement wherein it is provided that the sales price shall be paid in installments, there shall be paid upon each payment with respect to the article a percentage of such payment equal to the rate of tax in effect on the date such payment is due. (2) Sales of installment accounts If installment accounts, with respect to payments on which tax is being computed as provided in paragraph (1), are sold or otherwise disposed of, then paragraph (1) shall not apply with respect to any subsequent payments on such accounts (other than subsequent payments on returned accounts with respect to which credit or refund is allowable by reason of section 6416(b)(5)), but instead— (A) there shall be paid an amount equal to the difference between— (i) the tax previously paid on the payments on such installment accounts, and (ii) the total tax which would be payable if such installment accounts had not been sold or otherwise disposed of (computed as provided in paragraph (1)), except that (B) if any such sale is pursuant to the order of, or subject to the approval of, a court of competent jurisdiction in a bankruptcy or insolvency proceeding, the amount computed under subparagraph (A) shall not exceed the sum of the amounts computed by multiplying— (i) the proportionate share of the amount for which such accounts are sold which is allocable to each unpaid installment payment, by (ii) the rate of tax under this chapter in effect on the date such unpaid installment payment is or was due. The sum of the amounts payable under this subsection in respect of the sale of any article shall not exceed the total tax. 5904. Exemption from tax; transfers in bond (a) Exemption from tax Cannabis products on which the internal revenue tax has not been paid or determined may, subject to such regulations as the Secretary shall prescribe, be withdrawn from the bonded premises of any producer in approved containers free of tax and not for resale for use— (1) exclusively in scientific research by a laboratory, (2) by a proprietor of a cannabis production facility in research, development, or testing (other than consumer testing or other market analysis) of processes, systems, materials, or equipment, relating to cannabis or cannabis operations, under such limitations and conditions as to quantities, use, and accountability as the Secretary may by regulations require for the protection of the revenue, (3) in any drug containing cannabis which is in compliance with Federal and State law, or (4) by the United States or any governmental agency thereof, any State, any political subdivision of a State, or the District of Columbia, for nonconsumption purposes. (b) Cannabis products transferred or removed in bond from domestic factories and export warehouses (1) In general Subject to such regulations and under such bonds as the Secretary shall prescribe, a producer or export warehouse proprietor may transfer cannabis products, without payment of tax, to the bonded premises of another producer or export warehouse proprietor, or remove such articles, without payment of tax, for shipment to a foreign country or a possession of the United States, or for consumption beyond the jurisdiction of the internal revenue laws of the United States. (2) Labeling Cannabis products may not be transferred or removed under this subsection unless such products bear such marks, labels, or notices as the Secretary shall by regulations prescribe. (c) Cannabis products released in bond from customs custody Cannabis products imported or brought into the United States may be released from customs custody, without payment of tax, for delivery to a producer or export warehouse proprietor if such articles are not put up in packages, in accordance with such regulations and under such bond as the Secretary shall prescribe. (d) Cannabis products exported and returned Cannabis products classifiable under item 9801.00.10 of the Harmonized Tariff Schedule of the United States (relating to duty on certain articles previously exported and returned), as in effect on the date of the enactment of the Cannabis Administration and Opportunity Act , may be released from customs custody, without payment of that part of the duty attributable to the internal revenue tax for delivery to the original producer of such cannabis products or to the export warehouse proprietor authorized by such producer to receive such products, in accordance with such regulations and under such bond as the Secretary shall prescribe. Upon such release such products shall be subject to this chapter as if they had not been exported or otherwise removed from internal revenue bond. 5905. Credit, refund, or drawback of tax (a) Credit or refund (1) In general Credit or refund of any tax imposed by this chapter or section 7652 shall be allowed or made (without interest) to the cannabis enterprise on proof satisfactory to the Secretary that the claimant cannabis enterprise has paid the tax on— (A) cannabis products withdrawn from the market by the claimant, or (B) such products lost (otherwise than by theft) or destroyed, by fire, casualty, or act of God, while in the possession or ownership of the claimant. (2) Cannabis products lost or destroyed in bond (A) Extent of loss allowance No tax shall be collected in respect of cannabis products lost or destroyed while in bond, except that such tax shall be collected— (i) in the case of loss by theft, unless the Secretary finds that the theft occurred without connivance, collusion, fraud, or negligence on the part of the proprietor of the cannabis production facility, owner, consignor, consignee, bailee, or carrier, or their employees or agents, (ii) in the case of voluntary destruction, unless such destruction is carried out as provided in paragraph (3), and (iii) in the case of an unexplained shortage of cannabis products. (B) Proof of loss In any case in which cannabis products are lost or destroyed, whether by theft or otherwise, the Secretary may require the proprietor of a cannabis production facility or other person liable for the tax to file a claim for relief from the tax and submit proof as to the cause of such loss. In every case where it appears that the loss was by theft, the burden shall be upon the proprietor of the cannabis production facility or other person responsible for the tax under section 5901 to establish to the satisfaction of the Secretary that such loss did not occur as the result of connivance, collusion, fraud, or negligence on the part of the proprietor of the cannabis production facility, owner, consignor, consignee, bailee, or carrier, or their employees or agents. (C) Refund of tax In any case where the tax would not be collectible by virtue of subparagraph (A), but such tax has been paid, the Secretary shall refund such tax. (D) Limitations Except as provided in subparagraph (E), no tax shall be abated, remitted, credited, or refunded under this paragraph where the loss occurred after the tax was determined. The abatement, remission, credit, or refund of taxes provided for by subparagraphs (A) and (C) in the case of loss of cannabis products by theft shall only be allowed to the extent that the claimant is not indemnified against or recompensed in respect of the tax for such loss. (E) Applicability The provisions of this paragraph shall extend to and apply in respect of cannabis products lost after the tax was determined and before completion of the physical removal of the cannabis products from the bonded premises. (3) Voluntary destruction The proprietor of a cannabis production facility or other persons liable for the tax imposed by this chapter or by section 7652 with respect to any cannabis product in bond may voluntarily destroy such products, but only if such destruction is under such supervision and under such regulations as the Secretary may prescribe. (4) Limitation Any claim for credit or refund of tax under this subsection shall be filed within 6 months after the date of the withdrawal from the market, loss, or destruction of the products to which the claim relates, and shall be in such form and contain such information as the Secretary shall by regulations prescribe. (b) Drawback of tax There shall be an allowance of drawback of tax paid on cannabis products, when shipped from the United States, in accordance with such regulations and upon the filing of such bond as the Secretary shall prescribe. 5906. Drawback on tax for certain uses (a) Eligibility Any person using cannabis on which the tax under this subchapter has been determined, in the manufacture or production of— (1) a drug containing cannabis which is in compliance with Federal and State law, or (2) extracts with a tetrahydrocannabinol concentration of not more than the allowable tetrahydrocannabinol equivalent amount as described in paragraph (1)(C) of section 297A of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1639o ), shall be eligible for drawback at the time when such cannabis is used in the manufacture of such products as provided for in this section. (b) Registration and regulation Every person claiming drawback under this section shall— (1) register annually with the Secretary, (2) keep such books and records as may be necessary to establish the fact that cannabis received by such person and on which the tax has been determined were used in a manner described in subsection (a), and (3) be subject to such rules and regulations in relation thereto as the Secretary shall prescribe to secure the Treasury against frauds. (c) Investigation of claims For the purpose of ascertaining the correctness of any claim filed under this section, the Secretary is authorized to— (1) examine any books, papers, records, or memoranda bearing upon the matters required to be alleged in the claim, (2) require the attendance of the person filing the claim or of any officer or employee of such person or the attendance of any other person having knowledge in the premises, and (3) take testimony with reference to any matter covered by the claim and to administer oaths to any person giving such testimony. (d) Drawback (1) Rate of drawback In the case of cannabis on which the tax under this subchapter has been paid or determined, and which has been used as provided in this section, a drawback shall be allowed at a rate equal to 90 percent of the amount of such tax which has been paid or determined. (2) Claims (A) In general Subject to subparagraph (B), such drawback shall be due and payable quarterly upon filing of a proper claim with the Secretary. (B) Exception (i) Monthly basis In the case of any person entitled to such drawback who elects in writing to file monthly claims therefor, such drawback shall be due and payable monthly upon filing of a proper claim with the Secretary. (ii) Bond requirement The Secretary may require persons electing to file monthly drawback claims under this subparagraph to file with the Secretary a bond or other security in such amount and with such conditions as the Secretary shall by regulations prescribe. (iii) Revocation Any election under clause (i) may be revoked on filing of notice thereof with the Secretary. (C) Additional requirement No claim under this section shall be allowed unless filed with the Secretary within the 6 months next succeeding the quarter in which the cannabis covered by the claim was used as provided in this section. (3) Allowance of drawback even where certain requirements not met (A) In general No claim for drawback under this subsection shall be denied in the case of a failure to comply with any requirement imposed under this section or any rule or regulation issued thereunder upon the claimant's establishing to the satisfaction of the Secretary that cannabis on which the tax has been paid or determined was in fact used in a manner described in subsection (a). (B) Penalty (i) In general In the case of a failure to comply with any requirement imposed under this section or any rule or regulation issued thereunder, the claimant shall be liable for a penalty of $1,000 for each failure to comply unless it is shown that the failure to comply was due to reasonable cause. (ii) Penalty may not exceed amount of claim The aggregate amount of the penalties imposed under clause (i) for failures described in subparagraph (A) in respect of any claim shall not exceed the amount of such claim (determined without regard to clause (i)). (C) Penalty treated as tax The penalty imposed by subparagraph (B) shall be assessed, collected, and paid in the same manner as taxes, as provided in section 6665(a). B Authorization and Bond Requirements Sec. 5911. Establishment and bond. Sec. 5912. Application. Sec. 5913. Cannabis production facility. 5911. Establishment and bond (a) Prohibition on production outside of bonded cannabis production facility (1) In general Except as authorized by the Secretary or on the bonded premises of a cannabis production facility duly authorized to produce cannabis products according to law, no cannabis product may be planted, cultivated, harvested, grown, manufactured, produced, compounded, converted, processed, prepared, or packaged in any building or on any premises. (2) Authorized producers only Any person establishing a cannabis production facility shall, prior to commencing operations— (A) make application to the Secretary pursuant to section 5912, (B) file the bond required under subsection (b), and (C) receive authorization from the Secretary to operate. (3) Personal use exception This subsection shall not apply with respect the activities of an individual who is not treated as a producer by reason of section 5902(b)(2)(B). (b) Bond (1) When required Every person, before commencing business as a producer or an export warehouse proprietor, shall file such bond, conditioned upon compliance with this chapter and regulations issued thereunder, in such form, amount, and manner as the Secretary shall by regulation prescribe. A new or additional bond may be required whenever the Secretary considers such action necessary for the protection of the revenue. (2) Approval or disapproval No person shall engage in such business until he receives notice of approval of such bond. A bond may be disapproved, upon notice to the principal on the bond, if the Secretary determines that the bond is not adequate to protect the revenue. (3) Cancellation Any bond filed hereunder may be canceled, upon notice to the principal on the bond, whenever the Secretary determines that the bond no longer adequately protects the revenue. (4) Removal of bond requirements (A) In general During any period to which subparagraph (A) of section 5903(b)(3) applies to a taxpayer (determined after application of subparagraph (B) thereof), such taxpayer shall not be required to furnish any bond with respect to engaging in any business as a producer or an export warehouse proprietor. (B) Satisfaction of bond requirements Any taxpayer for any period described in subparagraph (A) shall be treated as if sufficient bond has been furnished for purposes of engaging in such business for purposes of any requirements relating to bonds under this chapter. 5912. Application The application required pursuant to this section shall disclose, as regulations issued by the Secretary shall provide, such information as may be necessary to enable the Secretary to determine the location and extent of the premises, the type of operations to be conducted on such premises, and whether the operations will be in conformity with law and regulations, consistent with the requirements under section 302 of the Federal Alcohol Administration Act. 5913. Cannabis production facility A cannabis production facility, including noncontiguous portions thereof, shall be so located, constructed, and equipped, as to afford adequate protection to the revenue, as regulations prescribed by the Secretary may provide. C Operations Sec. 5921. Inventories, reports, and records. Sec. 5922. Packaging and labeling. Sec. 5923. Purchase, receipt, possession, or sale of cannabis products after removal. Sec. 5924. Restrictions relating to marks, labels, notices, and packages. Sec. 5925. Restriction on importation of previously exported cannabis products. 5921. Inventories, reports, and records Every cannabis enterprise shall— (1) make a true and accurate inventory at the time of commencing business, at the time of concluding business, and at such other times, in such manner and form, and to include such items, as the Secretary shall by regulation prescribe, with such inventories to be subject to verification by any internal revenue officer, (2) make reports containing such information, in such form, at such times, and for such periods as the Secretary shall by regulation prescribe, and (3) keep such records in such manner as the Secretary shall by regulation prescribe, with such records to be available for inspection by any internal revenue officer during business hours. 5922. Packaging and labeling (a) Packages All cannabis products shall, before removal, be put up in such packages as the Secretary shall by regulation prescribe. (b) Marks, labels, and notices Every package of cannabis products shall, before removal, bear the marks, labels, and notices if any, that the Secretary by regulation prescribes. (c) Lottery features No certificate, coupon, or other device purporting to be or to represent a ticket, chance, share, or an interest in, or dependent on, the event of a lottery shall be contained in, attached to, or stamped, marked, written, or printed on any package of cannabis products. (d) Indecent or immoral material prohibited No indecent or immoral picture, print, or representation shall be contained in, attached to, or stamped, marked, written, or printed on any package of cannabis products. (e) Exceptions Subject to regulations prescribed by the Secretary, cannabis products may be exempted from subsections (a) and (b) if such products are— (1) for experimental purposes, or (2) transferred to the bonded premises of another producer or export warehouse proprietor or released in bond from customs custody for delivery to a producer. 5923. Purchase, receipt, possession, or sale of cannabis products after removal (a) Restriction No person shall— (1) with intent to defraud the United States, purchase, receive, possess, offer for sale, or sell or otherwise dispose of, after removal, any cannabis products— (A) upon which the tax has not been paid or determined in the manner and at the time prescribed by this chapter or regulations thereunder, or (B) which, after removal without payment of tax pursuant to section 5904(a), have been diverted from the applicable purpose or use specified in that section, (2) with intent to defraud the United States, purchase, receive, possess, offer for sale, or sell or otherwise dispose of, after removal, any cannabis products which are not put up in packages as required under section 5922 or which are put up in packages not bearing the marks, labels, and notices, as required under such section, or (3) otherwise than with intent to defraud the United States, purchase, receive, possess, offer for sale, or sell or otherwise dispose of, after removal, any cannabis products which are not put up in packages as required under section 5922 or which are put up in packages not bearing the marks, labels, and notices, as required under such section. (b) Exception Paragraph (3) of subsection (a) shall not prevent the sale or delivery of cannabis products directly to consumers from proper packages, nor apply to such articles when so sold or delivered. (c) Liability to tax Any person who possesses cannabis products in violation of paragraph (1) or (2) of subsection (a) shall be liable for a tax equal to the tax on such articles. 5924. Restrictions relating to marks, labels, notices, and packages No person shall, with intent to defraud the United States, destroy, obliterate, or detach any mark, label, or notice prescribed or authorized, by this chapter or regulations thereunder, to appear on, or be affixed to, any package of cannabis products before such package is emptied. 5925. Restriction on importation of previously exported cannabis products (a) Export labeled cannabis products (1) In general Cannabis products produced in the United States and labeled for exportation under this chapter— (A) may be transferred to or removed from the premises of a producer or an export warehouse proprietor only if such articles are being transferred or removed without tax in accordance with section 5904, (B) may be imported or brought into the United States, after their exportation, only if such articles either are eligible to be released from customs custody with the partial duty exemption provided in section 5904(d) or are returned to the original producer of such article as provided in section 5904(c), and (C) may not be sold or held for sale for domestic consumption in the United States unless such articles are removed from their export packaging and repackaged by the original producer into new packaging that does not contain an export label. (2) Alterations by persons other than original producer This section shall apply to articles labeled for export even if the packaging or the appearance of such packaging to the consumer of such articles has been modified or altered by a person other than the original producer so as to remove or conceal or attempt to remove or conceal (including by the placement of a sticker over) any export label. (3) Exports include shipments to Puerto Rico For purposes of this section, section 5904(d), section 5931, and such other provisions as the Secretary may specify by regulations, references to exportation shall be treated as including a reference to shipment to the Commonwealth of Puerto Rico. (b) Export label For purposes of this section, an article is labeled for export or contains an export label if it bears the mark, label, or notice required under section 5904(b). D Penalties Sec. 5931. Civil penalties. Sec. 5932. Criminal penalties. 5931. Civil penalties (a) Omitting Things Required or Doing Things Forbidden Whoever willfully omits, neglects, or refuses to comply with any duty imposed upon them by this chapter, or to do, or cause to be done, any of the things required by this chapter, or does anything prohibited by this chapter, shall in addition to any other penalty provided in this title, be liable to a penalty of $10,000, to be recovered, with costs of suit, in a civil action, except where a penalty under subsection (b) or (c) or under section 6651 or 6653 or part II of subchapter A of chapter 68 may be collected from such person by assessment. (b) Failure To Pay Tax Whoever fails to pay any tax imposed by this chapter at the time prescribed by law or regulations, shall, in addition to any other penalty provided in this title, be liable to a penalty of 10 percent of the tax due but unpaid. (c) Sale of cannabis or cannabis Products for Export (1) Every person who sells, relands, or receives within the jurisdiction of the United States any cannabis products which have been labeled or shipped for exportation under this chapter, (2) every person who sells or receives such relanded cannabis products, and (3) every person who aids or abets in such selling, relanding, or receiving, shall, in addition to the tax and any other penalty provided in this title, be liable for a penalty equal to the greater of $10,000 or 10 times the amount of the tax imposed by this chapter. All cannabis products relanded within the jurisdiction of the United States shall be forfeited to the United States and destroyed. All vessels, vehicles, and aircraft used in such relanding or in removing such cannabis products from the place where relanded, shall be forfeited to the United States. (d) Applicability of section 6665 The penalties imposed by subsections (b) and (c) shall be assessed, collected, and paid in the same manner as taxes, as provided in section 6665(a). (e) Cross References For penalty for failure to make deposits or for overstatement of deposits, see section 6656. 5932. Criminal penalties (a) Fraudulent Offenses Whoever, with intent to defraud the United States— (1) engages in business as a cannabis enterprise without filing the application and obtaining the authorization where required by this chapter or regulations thereunder, (2) fails to keep or make any record, return, report, or inventory, or keeps or makes any false or fraudulent record, return, report, or inventory, required by this chapter or regulations thereunder, (3) refuses to pay any tax imposed by this chapter, or attempts in any manner to evade or defeat the tax or the payment thereof, (4) sells or otherwise transfers, contrary to this chapter or regulations thereunder, any cannabis products subject to tax under this chapter, or (5) purchases, receives, or possesses, with intent to redistribute or resell, any cannabis product— (A) upon which the tax has not been paid or determined in the manner and at the time prescribed by this chapter or regulations thereunder, or (B) which, without payment of tax pursuant to section 5904, have been diverted from the applicable purpose or use specified in that section, shall, for each such offense, be fined not more than $10,000, or imprisoned not more than 5 years, or both. (b) Liability to tax Any person who possesses cannabis products in violation of subsection (a) shall be liable for a tax equal to the tax on such articles. . (b) Establishment of trust fund Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 9512. Opportunity Trust Fund (a) Creation of Trust Fund There is established in the Treasury of the United States a trust fund to be known as the Opportunity Trust Fund (referred to in this section as the Trust Fund ), consisting of such amounts as may be appropriated or credited to such fund as provided in this section or section 9602(b). (b) Transfers to Trust Fund There are hereby appropriated to the Trust Fund amounts equivalent to the net revenues received in the Treasury from the taxes imposed under subchapter A of chapter 56. (c) Transfers to General Fund The Secretary shall pay from time to time from the Trust Fund into the general fund of the Treasury amounts equivalent to the amounts appropriated under the Cannabis Administration and Opportunity Act . . (c) Study Not later than 2 years after the date of the enactment of this Act, and every 5 years thereafter, the Secretary of the Treasury, or the Secretary’s delegate, shall— (1) conduct a study concerning the characteristics of the cannabis industry, including— (A) the number of persons operating cannabis enterprises at each level of such industry, (B) the volume of sales, (C) the amount of tax collected each year, (D) the areas of evasion, and (E) the impact of disparate State taxes on diversion and smuggling of cannabis products, and (2) submit to Congress recommendations to improve the regulation of the industry and the administration of the related tax. (d) Annual reports regarding determination of applicable rates Not later than 6 months before the beginning of each calendar year to which section 5901(a)(2) of the Internal Revenue Code of 1986 (as added by this section) applies, the Secretary of the Treasury, or the Secretary’s delegate, shall make publicly available a detailed description of the methodology which the Secretary anticipates using to determine the applicable rate per ounce and the applicable rate per gram which will apply for such calendar year under section 5901(c)(2) of such Code. (e) Drawback on tax for distilled spirits used in production of cannabis or hemp Section 5111 of the Internal Revenue Code of 1986 is amended by striking or perfume and inserting perfume, cannabis products, or hemp-derived products . (f) Interest of internal revenue officer or employee in production of cannabis products Section 7214(b) of the Internal Revenue Code of 1986 is amended— (1) in the heading, by striking tobacco or liquor production and inserting production of tobacco, liquor, or cannabis products , and (2) by striking or cigarettes and inserting cigarettes, or cannabis products (as defined in section 5902(a)(1)) . (g) Papers, tubes, and wrappers Section 5702 of the Internal Revenue Code of 1986 is amended— (1) in subsection (e)— (A) by inserting or a cannabis product after tobacco , and (B) by inserting (including for use as a cannabis cigarette wrapper) after cigarette wrapper , (2) in subsection (f), by inserting (including for use in making cannabis cigarettes) after making cigarettes , and (3) in subsection (o), by inserting (including for use in making cannabis cigarettes) after wrapper thereof . (h) Conforming amendments (1) Section 6103(o)(1)(A) of the Internal Revenue Code of 1986 is amended by striking and firearms and inserting firearms, and cannabis products . (2) The heading of subsection (a) of section 7608 of such Code is amended by inserting cannabis products, after tobacco, . (3) The table of chapters for subtitle E of such Code is amended by adding at the end the following new item: Chapter 56. Cannabis Products . (4) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: Sec. 9512. Opportunity Trust Fund. . (i) Effective date (1) In general Except as otherwise provided in this subsection, the amendments made by this section shall apply to removals, and applications under section 5912 of the Internal Revenue Code of 1986 (as added by subsection (a)), after 180 days after the date of the enactment of this Act. (2) Other amendments The amendments made by subsections (b), (c), (d), (f), (g), and (h) shall take effect on the date of the enactment of this Act. V Public health, cannabis administration, and trade practices A Public health 501. FDA regulation of cannabis (a) In general The Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) is amended by adding at the end the following: XI Cannabis products 1101. Center for Cannabis Products Not later than 90 days after the date of enactment of the Cannabis Administration and Opportunity Act , the Secretary shall establish within the Food and Drug Administration the Center for Cannabis Products, which shall report to the Commissioner of Food and Drugs in the same manner as the other agency centers within the Food and Drug Administration. The Center shall be responsible for the implementation of this chapter and related matters assigned by the Commissioner. 1102. Adulterated cannabis products (a) In general A cannabis product shall be deemed to be adulterated if— (1) it consists in whole or in part of any filthy, putrid, or decomposed substance, or is otherwise contaminated by any added poisonous or added deleterious substance that may render the product injurious to health; (2) it has been manufactured, prepared, processed, packed, or held in insanitary conditions whereby it may have been contaminated with filth, or whereby it may have been rendered injurious to health; (3) it bears or contains any poisonous or deleterious substance that may render it injurious to health; (4) its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health; (5) it bears or contains an unsafe color additive that is unsafe within the meaning of section 721(a); or (6) the methods used in, or the facilities or controls used for, its manufacture, preparing, processing, packing, or storage are not in conformity with applicable requirements under section 1105(c). (b) Exceptions to certain food requirements for foods containing cannabis Provided that an article that is a food (as defined in section 201(f)) and that is also a cannabis product (as defined in section 201(ss)(2)) otherwise complies with all applicable requirements for food under chapter IV and all applicable requirements for cannabis products under this chapter, such article shall not be deemed— (1) adulterated under section 402(a)(2)(C)(i) solely on account of constituents made or derived from cannabis; or (2) a food to which has been added a drug for which substantial clinical investigations have been instituted and for which the existence of such investigations has been made public for purposes of section 301(ll) solely on account of constituents made or derived from cannabis. 1103. Misbranded cannabis products A cannabis product shall be deemed to be misbranded— (1) if its labeling or advertising is false or misleading in any particular; (2) unless it bears a label containing— (A) a prominent statement that the product contains cannabis; (B) the name and place of business of its manufacturer, packer, or distributor; (C) an accurate statement of the quantity of its contents in terms of weight, measure, or numerical count; (D) a statement of its form as specified in regulations promulgated pursuant to section 1105(a); (E) the amount of tetrahydrocannabinol in the product, and if the product is packaged and labeled in such a way as to suggest more than one serving, dose, or the equivalent, the amount of tetrahydrocannabinol in such serving, dose, or the equivalent; (F) adequate directions for use, if deemed necessary for the protection of the public health in regulations promulgated pursuant to section 1105(a); (G) adequate directions against use by children, if deemed necessary for the protection of the public health in regulations promulgated pursuant to section 1105(a); and (H) such other information as the Secretary determines, in regulations promulgated pursuant to section 1105(a), to be necessary for the protection of the public health; (3) if its label or labeling bears a statement describing the role of a cannabis constituent intended to affect the structure or any function of the body of humans or other animals, unless— (A) there is substantiation that such statement is truthful and not misleading; and (B) the statement contains, prominently displayed and in boldface type, the following: This statement has not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease. ; (4) if any word, statement, or other information required by or under authority of this Act to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; (5) if it purports to be, or is represented as, a cannabis product which is subject to a cannabis product standard established under section 1106 unless such cannabis product is in all respects in conformity with such standard; (6) if its sale, distribution, or label or labeling is not in conformity with applicable requirements under subsections (a) and (b) of section 1105; (7) if it was manufactured, prepared, propagated, compounded, or processed in an establishment not duly registered under section 1104 or if it was not included in a list required by section 1104; or (8) if it is intended for consumption or application by an individual under 21 years of age. 1104. Annual registration (a) Registration by owners and operators On or before December 31 of each year, every person who owns or operates any establishment in any State engaged in the manufacture, preparation, compounding, or processing of a cannabis product shall register with the Secretary the name, places of business, and all such establishments of that person. (b) Registration by new owners and operators Every person upon first engaging in the manufacture, preparation, compounding, or processing of a cannabis product in any establishment owned or operated in any State by that person shall immediately register with the Secretary that person’s name, place of business, and such establishment. (c) Registration of added establishments Every person required to register under subsection (a) or (b) shall immediately register with the Secretary any additional establishment which that person owns or operates in the United States and in which that person begins the manufacture, preparation, compounding, or processing of a cannabis product. (d) Uniform product identification system The Secretary may by regulation prescribe a uniform system for the identification of cannabis products and may require that persons who are required to list such cannabis products under subsection (g) shall list such cannabis products in accordance with such system. (e) Public access to registration information The Secretary shall make available for inspection any registration filed under this section. (f) Registration by foreign establishments Any establishment within a foreign country engaged in the manufacture, preparation, compounding, or processing of a cannabis product that is imported or offered for import into the United States, shall register under this section and shall include with the registration the name of the United States agent for the establishment. (g) Registration information (1) Product list (A) In general Every person who registers with the Secretary under subsection (a), (b), or (c) shall, at the time of registration under such subsection, file with the Secretary— (i) a list of all cannabis products which are being manufactured, prepared, compounded, or processed by that person for commercial distribution and which have not been included in any list of cannabis products filed by that person with the Secretary under this paragraph or paragraph (2) before such time of registration; and (ii) such other information as the Secretary, in consultation with the Secretary of the Treasury and the Attorney General, may require, by regulation, to carry out the purposes of the Cannabis Administration and Opportunity Act , including the amendments made by such Act, including chapter 56 of subtitle E of the Internal Revenue Code of 1986. (B) Form and manner of list The list under subparagraph (A)(i) shall be prepared in such form and manner as the Secretary may prescribe and shall be accompanied by a copy of all consumer information and other labeling for such cannabis product, a representative sampling of advertisements for such cannabis product, and, upon request by the Secretary, a copy of all advertisements for a particular cannabis product. (2) Report of any change in product list Each person who registers with the Secretary under this section shall report to the Secretary as follows: (A) Prior to the introduction into commercial distribution of a cannabis product that has not been included in any list previously filed by the registrant, a list containing such cannabis product. (B) A notice of discontinuance of the manufacture, preparation, compounding, or processing for commercial distribution of a cannabis product included in a list filed under subparagraph (A) or paragraph (1), and the date of such discontinuance. (C) A notice of resumption of the manufacture, preparation, compounding, or processing for commercial distribution of the cannabis product with respect to which a notice of discontinuance was reported under subparagraph (B). (D) A list of each cannabis product included in a notice filed under subparagraph (C) prior to the resumption of the introduction into commercial distribution of such cannabis product. (3) Publication The Secretary shall publish on the website of the Food and Drug Administration every registration and list filed pursuant to this section and the information accompanying every list not later than 10 days after the applicable date of filing. (4) Department of the Treasury access The Secretary shall establish a format and procedure for appropriate Department of the Treasury officials to access the information received by the Secretary under this subsection, in a prompt and secure manner. 1105. General provisions for control of cannabis products (a) Restrictions on sale and distribution (1) Remote sales Not later than 2 years after the date of enactment of the Cannabis Administration and Opportunity Act the Secretary shall propose, and not later than 3 years after such date of enactment the Secretary shall finalize, regulations regarding the promotion, sale, and distribution of cannabis products that occur through means other than a direct, face-to-face exchange between a retailer and a consumer, in order to prevent the sale and distribution of cannabis products to individuals who have not attained the age of 21, including requirements for age verification. (2) Preventing use of cannabis products in minors The Secretary shall, by regulation, impose such restrictions on advertising, promotion, and marketing of cannabis products as the Secretary determines necessary and appropriate to prevent the consumption or application of cannabis products by individuals under 21 years of age. Such regulations shall prohibit the advertising, promotion, and marketing of cannabis products, whether directly or indirectly, to individuals under 21 years of age, and any other action that has the primary purpose of initiating or increasing the use of cannabis products in such individuals. (3) Other regulations In addition to the restrictions under paragraphs (1) and (2), the Secretary may, by regulation, impose other restrictions on the sale and distribution of cannabis products, including restrictions on the access to, and the advertising and promotion of, the cannabis product, if the Secretary determines that such regulation would be appropriate for the protection of the public health. (4) Good faith consultation with Indian Tribes In issuing regulations under paragraphs (1), (2), and (3), the Secretary shall conduct good faith, meaningful, and timely consultations with Indian Tribes (as defined in section 3 of the Cannabis Administration and Opportunity Act ). (b) Labeling statements The label and labeling of a cannabis product shall bear such appropriate statements of the restrictions required by a regulation under subsection (a) as the Secretary may in such regulation prescribe. (c) Good manufacturing practice requirements The Secretary shall issue regulations requiring that the methods used in, and the facilities and controls used for, the manufacture, preparing, processing, packing, and holding of a cannabis product conform to current good manufacturing practice, including testing for pesticide chemical residues regardless of whether a tolerance for such chemical residues has been established. 1106. Cannabis product standards (a) In general The Secretary shall, by regulation, adopt cannabis product standards that are appropriate for protection of the public health. (b) Content of standards A cannabis product standard established under this section shall include provisions— (1) on the ingredients of the cannabis product, including, where appropriate— (A) cannabinoid yields of the product, which may consider or address, as appropriate, different types of cannabinoids and the interaction between the constituents of the product; (B) provisions respecting the construction, components, ingredients, additives, constituents, including smoke constituents, and properties of the cannabis product, which may consider, as appropriate, the interaction between constituents and components of the cannabis product; and (C) provisions for the reduction or elimination of harmful constituents or components of the product, including smoke constituents; (2) for the testing of the cannabis product; (3) requiring that the results of testing the cannabis product show that the cannabis product is in conformity with applicable standards; (4) for the measurement of the characteristics of the cannabis product, where appropriate; (5) requiring that the sale and distribution of the cannabis product be restricted but only to the extent that the sale and distribution of a cannabis product may be restricted under a regulation under this Act; (6) where appropriate, requiring the use and prescribing the form and content of labeling for the proper use of the cannabis product and any potential adverse effects of the product; and (7) requiring cannabis products containing foreign-grown cannabis to meet the same standards applicable to cannabis products containing domestically grown cannabis. (c) Periodic reevaluation of standards The Secretary shall provide for periodic evaluation of cannabis product standards established under this section to determine whether such standards should be changed to reflect new medical, scientific, or other technological data. 1107. Recall authority (a) In general If the Secretary finds that there is a reasonable probability that a cannabis product would cause serious, adverse health consequences or death, the Secretary shall issue an order requiring the appropriate person (including the manufacturers, importers, distributors, or retailers of the cannabis product) to immediately cease distribution of such cannabis product. The order shall provide the person subject to the order with an opportunity to appear and introduce testimony, to be held not later than 20 days after the date of the issuance of the order, on the actions required by the order and on whether the order should be amended to require a recall of such cannabis product. If, after providing an opportunity to appear and introduce testimony, the Secretary determines that inadequate grounds exist to support the actions required by the order, the Secretary shall vacate the order. (b) Amendment of order To require recall (1) In general If, after providing an opportunity to appear and introduce testimony under subsection (a), the Secretary determines that the order should be amended to include a recall of the cannabis product with respect to which the order was issued, the Secretary shall, except as provided in paragraph (2), amend the order to require a recall. The Secretary shall specify a timetable in which the cannabis product recall will occur and shall require periodic reports to the Secretary describing the progress of the recall. (2) Notice An amended order under paragraph (1)— (A) shall not include recall of a cannabis product from individuals; and (B) shall provide for notice to persons subject to the risks associated with the use of such cannabis product. In providing the notice required by subparagraph (B), the Secretary may use the assistance of retailers and other persons who distributed such cannabis product. If a significant number of such persons cannot be identified, the Secretary shall notify such persons pursuant to section 705(b). 1108. Records and reports on cannabis products (a) In general Every person who is a cannabis product manufacturer or importer of a cannabis product shall establish and maintain such records, make such reports, and provide such information, as the Secretary may by regulation reasonably require to assure that such cannabis product is not adulterated or misbranded and to otherwise protect public health. (b) Reports of removals and corrections (1) In general Except as provided in paragraph (2), the Secretary shall by regulation require a cannabis product manufacturer or importer of a cannabis product to report promptly to the Secretary any corrective action taken or removal from the market of a cannabis product undertaken by such manufacturer or importer if the removal or correction was undertaken— (A) to reduce a risk to health posed by the cannabis product; or (B) to remedy a violation of this chapter caused by the cannabis product which may present a risk to health. A cannabis product manufacturer or importer of a cannabis product who undertakes a corrective action or removal from the market of a cannabis product that is not required to be reported under this subsection shall keep a record of such correction or removal. (2) Exception No report of the corrective action or removal of a cannabis product may be required under paragraph (1) if a report of the corrective action or removal is required and has been submitted under subsection (a). 1109. Prohibition on flavored electronic cannabis product delivery system (a) In general Any electronic cannabis product delivery system shall not contain an artificial or natural flavor (other than cannabis) that is a characterizing flavor, including menthol, mint, mango, strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, or coffee. (b) Definition For purposes of this section, the term electronic cannabis product delivery system means an electronic device that delivers a cannabis product via an aerosolized solution to the user inhaling from the device, and any component, liquid, part, or accessory of such a device, whether or not sold separately. 1110. Preservation of State, Tribal, and local authority (a) In general Nothing in this chapter, or rules promulgated under this chapter, shall be construed to limit the authority of a Federal agency (including the Armed Forces), a State or political subdivision of a State, or the government of an Indian Tribe (as defined in section 3 of the Cannabis Administration and Opportunity Act ) to enact, adopt, promulgate, and enforce any law, rule, regulation, or other measure with respect to cannabis products that is in addition to, or more stringent than, requirements established under this chapter, including a law, rule, regulation, or other measure relating to or prohibiting the manufacture, sale, distribution, possession, exposure to, access to, advertising and promotion of, or use of cannabis products by individuals of any age, information reporting to the State or Indian Tribe (as so defined), or measures relating to fire safety or environmental standards for cannabis products. No provision of this chapter shall limit or otherwise affect any State, Tribal, or local taxation of cannabis products. (b) Rule of construction regarding product liability No provision of this chapter relating to a cannabis product shall be construed to modify or otherwise affect any action or the liability of any person under the product liability law of any State or Indian Tribe (as so defined). . 502. Amendments to the Federal Food, Drug, and Cosmetic Act (a) Definitions Section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ) is amended— (1) in paragraph (g)(1)(C), by striking (other than food) and inserting (other than food or cannabis products) ; (2) in paragraph (ff)(1), by striking (other than tobacco) and inserting (other than a tobacco product or cannabis product) ; (3) in paragraph (rr)(4), by inserting cannabis product, after medical device ; and (4) by adding at the end the following: (ss) (1) (A) The term cannabis means— (i) all parts of the plant Cannabis sativa L., whether growing or not; (ii) the seeds thereof; (iii) the resin extracted from any part of such plant; and (iv) every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. (B) The term cannabis does not include— (i) hemp, as defined in section 297A of the Agricultural Marketing Act of 1946; or (ii) the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. (2) (A) The term cannabis product means any product made or derived from cannabis that is intended for consumption or applied to the body of man or other animals, including any component of such product. (B) A cannabis product does not mean an article that is a drug within the meaning of paragraph (g)(1). (3) With respect to cannabis or a cannabis product, the term manufacture includes the planting, cultivation, growing, and harvesting of cannabis. . (b) Prohibited acts Section 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ) is amended— (1) by inserting cannabis product, after tobacco product, each place it appears in paragraphs (g) and (h); (2) in paragraph (j), by striking or 920(b) and inserting 920(b), or 1104 ; (3) in paragraph (p)— (A) by striking 510 or 905 and inserting 510, 905, or 1104 ; (B) by striking or 905(j) and inserting 905(j), or 1104(g) ; and (C) by striking or 905(i)(3) and inserting , 905(i)(3), or 1104(g)(2) ; (4) in paragraph (q)(2) by inserting , cannabis product, after device ; (5) in paragraph (r), by inserting cannabis product, after device, each place it appears; and (6) by adding at the end the following: (fff) (1) The sale or distribution of a cannabis product to any person younger than 21 years of age. (2) The sale or distribution, in any retail single transaction, of more than 10 ounces of any cannabis product. (3) The sale or distribution of an article that is a cannabis product and that contains alcohol, caffeine, or nicotine. (4) The failure of a manufacturer or distributor to notify the Attorney General and the Secretary of the Treasury of its knowledge of cannabis products used in illicit trade. (ggg) (1) The introduction or delivery for introduction into commerce of any cannabis product that is adulterated or misbranded. (2) The adulteration or misbranding of any cannabis product in commerce. (3) The receipt in commerce of any cannabis product that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise. (4) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a cannabis product, if such act is done while such article is held for sale (whether or not the first sale) after shipment in commerce and results in such article being adulterated or misbranded. (hhh) The failure to comply with the requirements of section 524C. . (c) Seizure authorities Section 304 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 334 ) is amended— (1) in subsection (a)— (A) in paragraph (1), by inserting cannabis product, after drug, ; and (B) in paragraph (2), by inserting or cannabis product after tobacco product ; (2) in subsection (d)(1), by inserting cannabis product, after tobacco product, ; and (3) in subsection (g), by striking or tobacco product each place it appears in paragraphs (1) and (2)(A) and inserting , tobacco product, or cannabis product . (d) Factory inspection Section 704 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 374 ) is amended— (1) in subsection (a)— (A) by inserting cannabis products, after tobacco products, each place it appears; (B) by striking or tobacco products each place it appears and inserting tobacco products, or cannabis products ; and (C) by striking and tobacco products and inserting tobacco products, and cannabis products ; and (2) in subsection (b)(1), by inserting cannabis product, after tobacco product, . (e) Publicity Section 705(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 375(b) ) is amended by inserting cannabis products, after tobacco products, . (f) Presumption Section 709 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379a ) is amended by inserting cannabis product, after tobacco product, . (g) Imports and exports Section 801 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 381 ) is amended— (1) in subsection (a)— (A) by inserting cannabis products, after tobacco products, ; (B) by striking or tobacco products each place it appears and inserting , tobacco products, or cannabis products ; and (C) by striking or section 905(h) and inserting , 905(h), or 1104 ; and (2) in subsection (e), by striking tobacco product or and inserting tobacco product, cannabis product, or . 503. Expedited review Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq. ) is amended by adding at the end the following: 524B. Expedited review of certain drugs containing cannabis (a) Establishment of program The Secretary shall establish a program to expedite the development and review of applications for drugs containing cannabis that are manufactured by a small business concerned owned and controlled by socially and economically disadvantaged individuals or Native entities that operate in the cannabis industry. (b) Request for designation A sponsor of a drug containing cannabis that is manufactured by a small business concern owned and controlled by socially and economically disadvantaged individuals or Native entities that operate in the cannabis industry may request that the Secretary designate such drug for expedited review under this section. A request for designation may be made concurrently with, or at any time after, the submission of an application for the investigation of the drug under section 505(i) or section 351(a)(3) of the Public Health Service Act. (c) Actions The actions to expedite the development and review of an application designated for expedited review under this section may include, as appropriate— (1) holding meetings with the sponsor and the review team throughout the development of the drug; (2) providing timely advice to, and interactive communication with, the sponsor regarding the development of the drug to ensure that the development program to gather the nonclinical and clinical data necessary for approval is as efficient as practicable; and (3) priority review, as described in the Manual of Policies and Procedures of the Food and Drug Administration and goals identified in the letters described in section 101(b) of the Prescription Drug User Fee Amendments of 2017. (d) Expedited review guidance Not later than 1 year after the date of enactment of the Cannabis Administration and Opportunity Act , and after good faith, meaningful, and timely consultation with Native entities, the Secretary shall issue guidance on the implementation of this section. Such guidance shall— (1) set forth the process by which a person may seek a designation under subsection (b); and (2) identify the criteria the Secretary will use in evaluating a request for designation under this section. (e) Definitions In this section: (1) Drug containing cannabis The term drug containing cannabis means any drug that contains any article made or derived from cannabis. (2) Native entity The term Native entity means— (A) an Indian Tribe (as defined in section 3 of the Cannabis Administration and Opportunity Act ); (B) a Native Corporation (as defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 )); and (C) a Native Hawaiian-serving entity. (3) Native Hawaiian-serving entity The term Native Hawaiian-serving entity means— (A) a Native Hawaiian organization (as defined in section 6207 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7517 )); (B) the Department of Hawaiian Home Lands; and (C) the Office of Hawaiian Affairs. (4) Small business concern owned and controlled by socially and economically disadvantaged individuals The term small business concern owned and controlled by socially and economically disadvantaged individuals has the meaning given the term in section 8(d)(3)(C) of the Small Business Act. 524C. Security requirements for drugs containing cannabis (a) In general The sponsor of any application under section 505 for a drug containing cannabis shall provide effective controls and procedures to guard against theft and diversion of such drug, which may include, if the Secretary determines necessary, a risk evaluation and mitigation strategy under section 505–1. (b) Standards The Secretary shall prescribe, by regulation, standards for controls and procedures for drugs described in subsection (a). (c) Definition For purposes of this section, the term drug containing cannabis means any drug that contains any article made or derived from cannabis. . 504. Regulation of cannabidiol (a) CBD as a dietary supplement Section 201(ff)(3)(B) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(ff)(3)(B) ) is amended, in the matter preceding subclause (i), by inserting , except in the case of cannabidiol derived from hemp (as defined in section 297A of the Agricultural Marketing Act of 1946) after include . (b) Adulteration Section 402 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 342 ) is amended by adding at the end the following new subsection: (j) (1) If it is a dietary supplement that contains cannabidiol, unless— (A) such dietary supplement contains no more than an amount of cannabidiol per recommended daily serving that the Secretary may establish (and revise or repeal as appropriate), subject to paragraph (2), through an interim final rule, notwithstanding any requirement for notice and comment that may otherwise apply under section 553 of title 5, United States Code; (B) such dietary supplement is the subject of a notification submitted to the Secretary in accordance with section 413(a)(2); and (C) the labeling and packaging of such dietary supplement conforms with any requirements that the Secretary establishes regarding labeling or packaging of dietary supplements containing cannabidiol (which may be promulgated (and revised or repealed as appropriate) by the Secretary through an interim final rule, notwithstanding any requirement for notice and comment that may otherwise apply under section 553 of title 5, United States Code). (2) (A) The amount of cannabidiol established in accordance with paragraph (1)(A)— (i) shall be a threshold above which the Secretary may not accept new dietary ingredient notifications; and (ii) shall not be interpreted as a determination that lower amounts of cannabidiol are safe. (B) The Secretary shall establish such a threshold based on such factors as the Secretary determines to be appropriate, which may include a consideration of whether the review of new dietary ingredient notifications for products containing higher levels of cannabidiol may be unduly burdensome. . (c) New dietary ingredient Section 413(a)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 350b(a)(1) ) is amended by inserting contains no cannabidiol and before contains only dietary ingredients . (d) New prohibited act Section 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ), as amended by section 502(b)(6), is further amended by adding at the end the following: (iii) The introduction or delivery for introduction into interstate commerce of any product labeled as a dietary supplement that fails to meet the definition of a dietary supplement under section 201(ff). . (e) New import exclusion Section 801(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 381(a) ) is amended in paragraph (3) of the third sentence by striking section 301(ll) and inserting paragraph (ll) or (iii) of section 301 . (f) New seizure authorities Section 304 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 334 ) is amended— (1) in subsection (a)(1), in the first sentence, by inserting or any article which may not be introduced or delivered for introduction into interstate commerce under section 301(iii), before shall be liable ; and (2) in subsection (d)(1), in the first sentence, by inserting , or any product otherwise introduced or delivered for introduction into interstate commerce in violation of section 301(iii) and condemned under this section, after under this section . (g) CBD as a food additive (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this subsection as the Secretary ) shall issue draft guidance describing criteria by which the Secretary intends to evaluate the safety of cannabidiol as a food additive in any food additive petition under section 409 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 348 ). The Secretary shall publish final guidance within 180 days of the close of the public comment period on such draft guidance. (2) Advisory committee Before issuing draft guidance under paragraph (1), the Secretary shall convene and consult an advisory committee, which shall include experts qualified in the subject matter. 505. Transition periods (a) Transition period for cannabis products With respect to a cannabis product that was marketed in the United States within 30 days of the date of enactment of this Act pursuant to a State law permitting the marketing of such product, such product shall not be considered to be in violation of chapter XI of the Federal Food, Drug, and Cosmetic Act (as added by section 501) or section 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ), as amended by this title, as applicable, during the 18-month period following the date of enactment of this Act. (b) Submission of applications for previously marketed drugs containing cannabis (1) Transition period for drugs containing cannabis With respect to a drug containing cannabis that was being marketed in the United States within 30 days after the date of enactment of this Act pursuant to a State law permitting cannabis for medical use, such drug shall not be considered to be in violation of chapter V or section 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ; 351 et seq.) during the 3-year period following the date of enactment of this Act. (2) Submission of applications (A) In general As a condition for continuing to market a drug described in paragraph (1) during the 3-year period specified in such paragraph, during the 18-month period beginning on the effective date of this Act, the manufacturer shall submit a new drug application under section 505(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S. C. 355(b)) for such drug. (B) Transition period Except as provided in subparagraph (C), with respect to a drug containing cannabis for which an application is submitted as described in subparagraph (A), the manufacturer of such product may continue to market such drug in the State described in paragraph (1) during the 3-year period beginning on the effective date of this Act. (C) Exception If the Secretary of Health and Human Services issues an order refusing to approve an application under section 505(d) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(d) ) for a drug that contains cannabis, such drug shall not be eligible for continued marketing under subparagraph (B). (3) End of transition period Beginning on the date that is 3 years after the date of enactment of this Act the Secretary may take enforcement action, as appropriate, for a drug described in paragraph (1) (including such a drug that is the subject of a pending application under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 )) found to be in violation of chapter V or section 301 of the Federal Food, Drug, and Cosmetic Act. (4) Rule of construction Nothing in this subsection shall be construed to prohibit the marketing of a cannabis product otherwise in compliance with relevant provisions of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ). (c) Definition For purposes of this section, the term drug containing cannabis means any drug that contains any article made or derived from cannabis. 506. Amendment to the Poison Prevention Packaging Act Section 2(2)(B) of the Poison Prevention Packaging Act of 1970 ( 15 U.S.C. 1471(2)(B) ) is amended by striking or cosmetic and inserting cosmetic, or cannabis product, . 507. Funding for FDA In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $425,000,000 for each of fiscal years 2023 through 2027 to carry out this title and the amendments made by this title. B Federal cannabis administration 511. Federal cannabis administration (a) In general The Federal Alcohol Administration Act ( 27 U.S.C. 201 et seq. ) is amended by adding at the end the following: III Cannabis 301. Unlawful businesses without cannabis permit (a) Import It shall be unlawful, except pursuant to a permit issued under this title by the Secretary— (1) to engage in the business of importing cannabis into the United States; or (2) for any person so engaged to sell, offer or deliver for sale, contract to sell, or ship, in interstate or foreign commerce, directly or indirectly or through an affiliate, cannabis so imported. (b) Manufacture and sale It shall be unlawful, except pursuant to a permit issued under this title by the Secretary— (1) to engage in the business of cultivating, producing, manufacturing, packaging, or warehousing cannabis; or (2) for any person so engaged to sell, offer or deliver for sale, contract to sell, or ship, in interstate or foreign commerce, directly or indirectly or through an affiliate, cannabis so cultivated, produced, manufactured, packaged, or warehoused. (c) Resale It shall be unlawful, except pursuant to a permit issued under this title by the Secretary— (1) to engage in the business of purchasing cannabis for resale at wholesale; or (2) for any person so engaged to receive or to sell, offer or deliver for sale, contract to sell, or ship, in interstate or foreign commerce, directly or indirectly or through an affiliate, cannabis so purchased. (d) Transition rule Subject to section 302(e), in the case of a person who has filed a complete and accurate application for a permit under this section within 90 days of the date on which the Secretary has issued any necessary guidance and forms with respect to such applications, this section shall not apply to such person during the period prior to any determination under section 302 as to the entitlement of such person to such permit, provided that such person is in compliance with— (1) any applicable regulations under this title; and (2) payment of any taxes imposed under chapter 56 of the Internal Revenue Code of 1986. 302. Procedure for issuance of cannabis permits (a) Entitlement to permit (1) In general The Secretary shall issue a permit for operations requiring a permit under section 301 unless the Secretary finds that— (A) the applicant (or if the applicant is a corporation, any of its officers, directors, or principal stockholders) has been convicted of a disqualifying offense; (B) the operations proposed to be conducted by the applicant are in violation of the law of the State in which they are to be conducted; or (C) the applicant is not likely to maintain such operations in conformity with Federal law. (2) Disqualifying offenses (A) In general For the purposes of paragraph (1), a disqualifying offense is any felony violation of any provision of Federal or State criminal law relating to cannabis or cannabis products (including the taxation thereof), if the conviction occurred after the date of enactment of the Cannabis Administration and Opportunity Act and not later than 3 years before the date of the application. (B) Waiver pursuant to finding of mitigation or rehabilitation and fitness for occupation Notwithstanding subparagraph (A), an offense shall not be considered a disqualifying offense if, pursuant to a submission of waiver request by the applicant to the Secretary, the Secretary finds (following a review and recommendation with respect to such waiver request by the Cannabis Products Advisory Committee established under section 602 of the Cannabis Administration and Opportunity Act ) that the applicant has established sufficient mitigation or rehabilitation and fitness to maintain cannabis operations in compliance with State and Federal law by providing— (i) evidence showing that— (I) the applicant has not been convicted of a crime that occurred after the date on which the offense with respect to which the waiver was requested occurred; and (II) the applicant has complied with all terms and conditions of probation or parole; or (ii) any other evidence of mitigation and present fitness, including— (I) the circumstances relating to the offense, including mitigating circumstances or social conditions surrounding the commission of the offense; (II) the age of the applicant when the applicant committed the offense; (III) the period of time that has elapsed since the applicant committed the offense; (IV) additional evidence of educational, training, or work activities that the applicant has participated in, including during any period of incarceration; (V) letters of reference by persons who have been in contact with the applicant since the applicant was released from any correctional institution; and (VI) completion of, or active participation in, rehabilitative drug or alcohol treatment. (b) Refusal of permit; hearing If upon examination of any application for a permit the Secretary has reason to believe that the applicant is not entitled to such permit, the Secretary shall so notify the applicant and, upon request by the applicant, afford the applicant due notice and opportunity for hearing on the application. If the Secretary, after affording such notice and opportunity for hearing, still finds that the applicant is not entitled to a permit hereunder, the Secretary shall by order deny the application stating the findings which are the basis for the order. (c) Form of application (1) Generally The Secretary shall— (A) prescribe the manner and form of applications for permits under this title (including the facts to be set forth in the application); (B) prescribe the form of such permits; and (C) specify in any permit the authority conferred by the permit and the conditions of that permit in accordance with this title. (2) Separate types of applications and permits To the extent deemed necessary by the Secretary for the efficient administration of this title, the Secretary may require separate applications and permits with respect to the various classes of cannabis, and with respect to the various classes of persons entitled to permits under this title. (3) Disclaimer The issuance of a permit under this title does not deprive the United States of any remedy for a violation of law. (d) Conditions (1) In general A permit under this title shall be conditioned upon— (A) compliance with all other Federal laws relating to production and sale of cannabis, as well as compliance with all State laws relating to said activities in the State in which the permit applicant resides and does business; (B) payment to the Secretary of a reasonable permit fee in an amount determined by the Secretary to be sufficient over time to offset the cost of implementing and overseeing all aspects of cannabis regulation by the Federal Government; and (C) compliance with— (i) the labor laws described in paragraph (1) of subsection (j), as determined in accordance with paragraph (2) of such subsection; and (ii) the reporting requirements of subsection (j)(3). (2) Waiver of permit fee Pursuant to regulations prescribed by the Secretary, the permit fee described in paragraph (1)(B) shall be waived in the case of an individual who— (A) has had an income below 250 percent of the Federal Poverty Level for not fewer than 5 of the 10 years preceding the date on which the individual submits an application for a permit under this title; and (B) is a first-time applicant. (e) Revocation, suspension, and annulment (1) Generally After due notice and opportunity for hearing, the Secretary may order a permit under this title— (A) revoked or suspended for such period as the Secretary deems appropriate, if the Secretary finds that the permittee has willfully violated any of the conditions of the permit, but for a first violation of the conditions the permit shall be subject to suspension only; (B) revoked if the Secretary finds that the permittee has not engaged in the operations authorized by the permit for a period of more than 2 years; or (C) annulled if the Secretary finds that the permit was procured through fraud, or misrepresentation, or concealment of material fact. (2) Order to state basis for order The order shall state the findings which are the basis for the order. (3) Joint development of enforcement regulations The Secretary, in coordination with the Secretary of Labor and the National Labor Relations Board, shall, through regulations, establish criteria for making determinations under paragraph (1). (4) Joint enforcement The Secretary of Labor and the National Labor Relations Board shall provide to the Secretary any assistance in carrying out this subsection as determined necessary by the Secretary. (5) Certain violations under the National Labor Relations Act deemed willful A violation of the condition under subsection (d)(1)(C) with respect to compliance with section 8 of the National Labor Relations Act ( 29 U.S.C. 158 ) as described in subsection (j)(1)(C) shall be deemed willful for purposes of paragraph (1)(A) if the National Labor Relations Board finds that the permittee has engaged in— (A) a discharge in violation of subsection (a) of such section 8; (B) a violation of such section 8 during the period in which a representation election under such Act is pending with respect to the employees of the permittee; or (C) a withdrawal of recognition of the recognized or certified collective-bargaining representative under such Act with respect to the employees of the permittee that is in violation of such section 8. (f) Service of orders Each order of the Secretary with respect to any denial of application, suspension, revocation, annulment, or other proceedings, shall be served— (1) in person by any officer or employee of the Secretary designated by him or any internal revenue or customs officer authorized by the Secretary for the purpose; or (2) by mailing the order by registered mail, addressed to the applicant or respondent at his last known address in the records of the Secretary. (g) Duration (1) General rule Except as otherwise provided in this subsection, a permit issued under this title shall continue in effect until suspended, revoked, or annulled as provided in this title, or voluntarily surrendered. (2) Effect of transfer If operations under a permit issued under this title are transferred, the permit automatically terminates 30 days after the date of that transfer, unless an application is made by the transferee before the end of that period for a permit under this title for those operations. If such an application is made, the outstanding permit shall continue in effect until such application is finally acted on by the Secretary. (3) Definition of transfer For the purposes of this section, the term transfer means any change of ownership or control, whether voluntary or by operation of law. (h) Judicial review (1) In general A permittee or applicant for a permit under this title may obtain judicial review under chapter 7 of title 5, United States Code, of the denial of the application of that applicant or, in the case of a permittee, the denial of an application by the transferee of that permittee or the suspension, revocation, or annulment of a permit with respect to that permittee. (2) Labor law violations Notwithstanding paragraph (1), with respect to a violation of the condition described in subsection (d)(1)(C), the findings of fact and conclusions of law by the Secretary, or, pursuant to subsection (e)(4), the Secretary of Labor or the National Labor Relations Board, concerning the appropriateness of suspending, revoking, or annulling a permit as provided in this title, if supported by substantial evidence on the whole, shall be conclusive. (i) Statute of limitations (1) In general No proceeding for the suspension or revocation of a permit for violation of any condition thereof relating to compliance with Federal law shall be instituted by the Secretary more than 18 months after conviction of the violation of Federal law, or, if no conviction has been had, more than 3 years after the violation occurred. (2) Compromise No permit shall be suspended or revoked for a violation of any such condition thereof if the alleged violation of Federal law has been compromised by any officer of the Government authorized to compromise such violation. (j) Labor laws (1) In general A labor law described in this paragraph is any of the following: (A) Any provision under the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ), including any regulations promulgated under such Act. (B) Any provision under the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 651 et seq. ), including any standard promulgated under section 6 of such Act ( 29 U.S.C. 655 ) or any other regulation promulgated under such Act, or any standard or regulation promulgated under an applicable State plan approved by the Secretary of Labor under section 18 of such Act ( 29 U.S.C. 667 ) that is identical or equivalent to a standard promulgated under such section 6. (C) Section 8 of the National Labor Relations Act ( 29 U.S.C. 158 ), including any regulations promulgated under such section. (2) Findings of labor law violations (A) In general For purposes of subsection (d)(1)(C)(i), a permittee shall be considered in violation of a labor law described in paragraph (1) if any of the following findings are made with respect to the permittee: (i) Fair labor standards act of 1938 With respect to a labor law described in paragraph (1)(A)— (I) a finding through an order or judgment of a Federal or State court that the permittee has violated any provision of the Fair Labor Standards Act of 1938, including any regulation promulgated under such Act; or (II) a finding through a final order of the Secretary of Labor that the permittee has violated any provision of such Act, including such a regulation. (ii) Occupational safety and health act of 1970 With respect to a labor law described in paragraph (1)(B)— (I) a finding through an order or judgment of a Federal or State court that the permittee has violated any provision of the Occupational Safety and Health Act of 1970, including any standard promulgated under section 6 of such Act or any other regulation promulgated under such Act, or any standard or regulation promulgated under an applicable State plan approved by the Secretary of Labor under section 18 of such Act ( 29 U.S.C. 667 ) that is identical or equivalent to a standard promulgated under such section 6; or (II) a finding through a final order issued by the Occupational Safety and Health Review Commission, or an equivalent final decision of any State agency or administrative body, that the permittee has committed a violation described in subclause (I). (iii) National labor relations act With respect to a labor law described in paragraph (1)(C), a finding by the National Labor Relations Board that the permittee has violated section 8 of the National Labor Relations Act ( 29 U.S.C. 158 ), including a regulation promulgated under such section, by committing an unfair labor practice under such section. (B) Exception Notwithstanding subparagraph (A), a permittee shall not be considered in violation of a labor law described in paragraph (1) if a finding described in subparagraph (A) with respect to the permittee is through an order or judgment that has been reversed, vacated, or rescinded. (3) Reporting requirements Not later than 30 days after a finding described in paragraph (2) has been made with respect to a permittee, the permittee shall notify the Secretary of such finding in such form and manner as the Secretary, in coordination with the Secretary of Labor and the National Labor Relations Board, shall prescribe. 303. Delivery of hemp inadvertently exceeding permissible concentration of delta-9 tetrahyrdrocannabinol (a) In general The Secretary, in coordination with the Secretary of Agriculture and the Secretary of Health and Human Services, shall issue regulations to establish a process for the lawful delivery of hemp described in subsection (b) to a cannabis enterprise holding a permit issued under this title and authorized pursuant to section 5911 of the Internal Revenue Code of 1986. (b) Hemp described Hemp referred to in subsection (a) is Cannabis sativa L. inadvertently produced with a total tetrahydrocannabinol equivalent concentration of more than the allowable tetrahydrocannabinol equivalent amount as described in paragraph (1)(C) of section 297A of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1639o )— (1) before September 30, 2021, by an institution of higher education or State department of agriculture that grows or cultivates industrial hemp under section 7606 of the Agricultural Act of 2014 ( 7 U.S.C. 5940 ); or (2) by a producer of hemp under subtitle G of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1639o et seq. ). 304. Unfair competition and unlawful practices (a) In general It shall be unlawful for any person engaged in the business of importing cannabis into the United States, or cultivating, producing, manufacturing, packaging, or warehousing cannabis, or purchasing cannabis for resale at wholesale, directly or indirectly or through an affiliate, to do any of the following: (1) Exclusive outlet To require, by agreement or otherwise, that any retailer engaged in the sale of cannabis products, purchase any such products from such person to the exclusion in whole or in part of cannabis sold or offered for sale by other persons in interstate or foreign commerce, if such requirement is made in the course of interstate or foreign commerce, or if such person engages in such practice to such an extent as substantially to restrain or prevent transactions in interstate or foreign commerce in any such products, or if the direct effect of such requirement is to prevent, deter, hinder, or restrict other persons from selling or offering for sale any such products to such retailer in interstate or foreign commerce. (2) Tied house To induce through any of the following means, any retailer, engaged in the sale of cannabis products to purchase any such products from such person to the exclusion in whole or in part of cannabis sold or offered for sale by other persons in interstate or foreign commerce, if such inducement is made in the course of interstate or foreign commerce, or if such person engages in the practice of using such means, or any of them, to such an extent as substantially to restrain or prevent transactions in interstate or foreign commerce in any such products, or if the direct effect of such inducement is to prevent, deter, hinder, or restrict other persons from selling or offering for sale any such products to such retailer in interstate or foreign commerce: (A) Acquiring or holding (after the expiration of any existing license) any interest in any license with respect to the premises of the retailer. (B) Acquiring any interest in real or personal property owned, occupied, or used by the retailer in the conduct of his business. (C) Furnishing, giving, renting, lending, or selling to the retailer, any equipment, fixtures, signs, supplies, money, services, or other thing of value, subject to such exceptions as the Secretary shall by regulation prescribe, having due regard for public health, the quantity and value of articles involved, established trade customs not contrary to the public interest and the purposes of this subsection. (D) Paying or crediting the retailer for any advertising, display, or distribution service. (E) Guaranteeing any loan or the repayment of any financial obligation of the retailer. (F) Extending to the retailer credit for a period in excess of the credit period usual and customary to the industry for the particular class of transactions, as ascertained by the Secretary of the Treasury and prescribed by regulations by him. (G) Requiring the retailer to take and dispose of a certain quota of any of such products. (3) Commercial bribery To induce through any of the following means, any trade buyer engaged in the sale of cannabis products, to purchase any such products from such person to the exclusion in whole or in part of cannabis products sold or offered for sale by other persons in interstate or foreign commerce, if such inducement is made in the course of interstate or foreign commerce, or if such person engages in the practice of using such means, or any of them, to such an extent as substantially to restrain or prevent transactions in interstate or foreign commerce in any such products, or if the direct effect of such inducement is to prevent, deter, hinder, or restrict other persons from selling or offering for sale any such products to such trade buyer in interstate or foreign commerce: (A) Commercial bribery. (B) Offering or giving any bonus, premium, or compensation to any officer, or employee, or representative of the trade buyer. (4) Consignment sales To sell, offer for sale, or contract to sell to any trade buyer engaged in the sale of cannabis products, or for any such trade buyer to purchase, offer to purchase, or contract to purchase, any such products on consignment or under conditional sale or with the privilege of return or on any basis otherwise than a bona fide sale, or where any part of such transaction involves, directly or indirectly, the acquisition by such person from the trade buyer or his agreement to acquire from the trade buyer other cannabis products, if such sale, purchase, offer, or contract is made in the course of interstate or foreign commerce, or if such person or trade buyer engages in such practice to such an extent as substantially to restrain or prevent transactions in interstate or foreign commerce in any such products or if the direct effect of such sale, purchase, offer, or contract is to prevent, deter, hinder, or restrict other persons from selling or offering for sale any such products to such trade buyer in interstate or foreign commerce. (5) Labeling To sell or ship or deliver for sale or shipment, or otherwise introduce in interstate or foreign commerce, or to receive therein, or to remove from customs custody for consumption, any cannabis product in packages, unless such products are packaged, and labeled in conformity with such regulations, to be prescribed by the Secretary, with respect to packaging, marking, branding, and labeling and size of container— (A) as will prohibit deception of the consumer with respect to such products or the quantity thereof and as will prohibit, irrespective of falsity, such statements relating to manufacturing processes, analyses, guarantees, and scientific or irrelevant matters as the Secretary finds to be likely to mislead the consumer; (B) as will provide the consumer with information described in section 1103 of the Federal Food, Drug, and Cosmetic Act; (C) as will require compliance with section 112(b) of the Cannabis Administration and Opportunity Act ; (D) as will prohibit statements on the label that are disparaging of a competitor's products or are false, misleading, obscene, or indecent; and (E) as will prevent deception of the consumer by use of a trade or brand name that is the name of any living individual of public prominence, or existing private or public organization, or is a name that is in simulation or is an abbreviation thereof, and as will prevent the use of a graphic, pictorial, or emblematic representation of any such individual or organization, if the use of such name or representation is likely falsely to lead the consumer to believe that the product has been indorsed, made, or used by, or produced for, or under the supervision of, or in accordance with the specifications of, such individual or organization. (6) Advertising To publish or disseminate or cause to be published or disseminated by radio broadcast, or in any newspaper, periodical or other publication or by any sign or outdoor advertisement or any other printed or graphic matter, any advertisement of cannabis, if such advertisement is in, or is calculated to induce sales in, interstate or foreign commerce, or is disseminated by mail, unless such advertisement is in conformity with such regulations, to be prescribed by the Secretary, as will— (A) prevent deception of the consumer with respect to the products advertised and as will prohibit, irrespective of falsity, such statements relating to manufacturing processes, analyses, guaranties, and scientific or irrelevant matters as the Secretary finds to be likely to mislead the consumer; (B) provide the consumer with adequate information as to the identity and quality of the products advertised, the characteristics thereof, and the person responsible for the advertisement; (C) prohibit statements that are disparaging of a competitor's products or are false, misleading, obscene, or indecent; and (D) prevent statements inconsistent with any statement on the labeling of the products advertised. (b) Removal or destruction of label It shall be unlawful for any person to alter, mutilate, destroy, obliterate, or remove any mark, brand, or label upon cannabis products held for sale in interstate or foreign commerce or after shipment therein, except as authorized by Federal law or except pursuant to regulations of the Secretary authorizing relabeling for purposes of compliance with the requirements of this subsection or of State law. (c) Exceptions (1) Consignment sales Paragraph (4) of subsection (a) shall not apply to transactions involving solely the bona fide return of merchandise for ordinary and usual commercial reasons arising after the merchandise has been sold. (2) Labeling Paragraph (5) of such subsection shall not apply to the use of the name of any person engaged in business as a manufacturer of cannabis products, nor to the use by any person of a trade or brand name used by him or his predecessor in interest prior to the date of enactment of the Cannabis Administration and Opportunity Act . (3) Advertising Paragraph (6) of such subsection shall not apply to the publisher of any newspaper, periodical, or other publication, or radio broadcaster, unless such publisher or radio broadcaster is engaged in the business of importing cannabis into the United States, or cultivating, producing, manufacturing, packaging, or warehousing cannabis, or purchasing cannabis for resale at wholesale, directly or indirectly or through an affiliate. (4) State law With respect to subsection (a)(2), subparagraphs (A), (B), (C), (E), and (F) of such subsection shall apply to transactions between a retailer or trade buyer in any State and a producer, importer, or wholesaler of cannabis products outside such State only to the extent that the law of such State imposes similar requirements with respect to similar transactions between a retailer or trade buyer in such State and a producer, importer, or wholesaler of cannabis products in such State, as the case may be. (5) Proprietary interest Pursuant to regulations or other guidance promulgated by the Secretary, with respect to subparagraphs (A) and (B) of subsection (a)(2), rules similar to the rules of sections 6.27 and 6.33 of title 27, Code of Federal Regulations (as in effect on the date of enactment of this title), shall apply. 305. Remedies for violations (a) Criminal fine (1) Generally Whoever violates section 301 shall be fined not more than $1,000. (2) Settlement in compromise The Secretary may decide not to refer a violation of such section to the Attorney General for prosecution but instead to collect a payment from the violator of no more than $500 for that violation. (b) Civil Action for relief The Attorney General may, in a civil action, obtain appropriate relief to prevent and restrain a violation of this title. 306. Definitions In this title— (1) the term cannabis has the meaning given such term in section 3 of the Cannabis Administration and Opportunity Act ; (2) the term Secretary means the Secretary of the Treasury or the Secretary's delegate; and (3) the term State includes the District of Columbia, Puerto Rico, and any territory or possession of the United States. . (b) Appropriations In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, for fiscal year 2023— (1) $15,000,000 to the Secretary of Labor for carrying out the activities of the Secretary of Labor under section 302 of the Federal Alcohol Administration Act, to remain available until September 30, 2027; and (2) $10,000,000 to the National Labor Relations Board for carrying out the activities of the National Labor Relations Board under such section, to remain available until September 30, 2027. 512. Increased funding for the Alcohol, Tobacco, and Cannabis Tax and Trade Bureau In addition to any other amounts otherwise available to the Alcohol, Tobacco, and Cannabis Tax and Trade Bureau, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $100,000,000 for each of the fiscal years 2023 through 2027 to carry out— (1) sections 102 and 112 of this Act, (2) chapter 56 of the Internal Revenue Code of 1986 (as added by section 401 of this Act), (3) title III of the Federal Alcohol Administration Act (as added by section 511 of this Act), and (4) section 1111 of the Homeland Security Act of 2002 ( 6 U.S.C. 531 ). VI Workplace health and safety provisions 601. Definitions In this title: (1) Cannabis industry The term cannabis industry means any operation described in section 301 of the Federal Alcohol Administration Act, as added by section 511. (2) Employee; employer The terms employee and employer have the meanings given such terms in section 3 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 652 ). (3) Employer in the cannabis industry The term employer in the cannabis industry means an employer engaged in any operation requiring a permit under section 301 of the Federal Alcohol Administration Act, as added by section 511. (4) Person The term person has the meaning given such term in section 3 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 652 ). (5) Secretary The term Secretary means the Secretary of Labor. (6) Worker in the cannabis industry The term worker in the cannabis industry means any individual performing work for remuneration in the cannabis industry. 602. Finding regarding employers in the cannabis industry Congress finds that employers in the cannabis industry are required to comply with occupational safety and health standards issued under section 6 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655 ) and other regulations issued under such Act. 603. Cannabis as a targeted topic for Susan Harwood training grant program The Secretary shall, in awarding Susan Harwood training grants under the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 651 et seq. ) for the 2 fiscal years following the date of enactment of this Act, designate cannabis as a targeted topic for such grants. 604. Guidance on recommended practices (a) In general Not later than 60 days after the date of enactment of this Act, the Assistant Secretary of Labor for Occupational Safety and Health and the Director of the National Institute for Occupational Safety and Health of the Department of Health and Human Services shall jointly issue guidance on recommended practices to protect workers in the cannabis industry. (b) Contents The guidance required under this section shall— (1) address the hazards workers in the cannabis industry face throughout the life cycle of cannabis, including from cultivation to sale and resale; (2) provide methods to protect cannabis workers; and (3) indicate specific occupational safety and health standards promulgated under section 6 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655 ), and any other requirements through regulations issued under such Act, that apply to the cannabis industry, including an indication of any training requirement that employers in the cannabis industry are subject to under any occupational safety and health standard promulgated under such section 6 or under any other regulations issued under such Act. 605. Workplace impact of cannabis legalization (a) Study (1) In general Not later than 1 year after the date of enactment of this Act, the Director of the National Institute for Occupational Safety and Health shall conduct research on the impact of the legalization of recreational cannabis by States on the workplace, which may include— (A) barriers for the Director and extramural partners in conducting occupational safety and health research with respect to cannabis, including to further identify potential hazards, characterize exposures, and evaluate associations between exposures and adverse health effects; (B) occupational health and safety training for workers in the cannabis industry; (C) the controls and actions taken by employers in the cannabis industry to protect workers and the effectiveness of such controls and actions; (D) efficacy of cannabis for treating occupational related injuries or illnesses; and (E) other topics as determined relevant by the Director. (2) Collaboration In conducting the research under paragraph (1), the Director of the National Institute for Occupational Safety and Health may collaborate with the Occupational Safety and Health Administration, other relevant Federal departments and agencies, and relevant public and private stakeholders. (3) Appropriations In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $2,000,000 for each of fiscal years 2023 through 2025 to carry out paragraph (1). (b) Best practices Not later than 2 years after the date of enactment of this Act, the Director of the National Institute for Occupational Safety and Health shall develop a set of recommendations outlining policies, best practices, and training recommendations for use by employers that are planning to transition or update workplace policies related to the use of recreational cannabis. 606. Grants for community-based education, outreach, and enforcement with respect to the rights of workers in the cannabis industry (a) Definition of eligible entity In this section, the term eligible entity means— (1) a public or private nonprofit organization with experience educating workers of their rights; or (2) a partnership of organizations described in paragraph (1). (b) Program authorized The Secretary shall award grants to eligible entities, on a competitive basis, to enable the eligible entities to carry out— (1) one or more activities to— (A) educate workers in the cannabis industry of their rights under Federal, State, and local civil rights, labor, and employment laws, with a focus on providing such education to such workers who are low-wage workers; (B) educate persons hiring workers in the cannabis industry regarding their obligations under such laws; or (C) connect and refer workers in the cannabis industry to additional services, as appropriate and available, to assist them in pursuing their rights under such laws; or (2) any other activity the Secretary may reasonably prescribe for the purposes of supporting workers in the cannabis industry. (c) Applications (1) In general An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Partnership applications In the case of an eligible entity that is a partnership, the eligible entity may designate, in the application, a single organization in the partnership as the lead entity for purposes of receiving and disbursing funds. (3) Contents An application described in paragraph (1) shall include— (A) information on the training and education that will be provided through the grant to workers in the cannabis industry and persons hiring workers in the cannabis industry; (B) information on any geographic area targeted by the activities supported through the grant; and (C) the method by which the eligible entity will measure the results of the activities supported through the grant and a method by which the eligible entity will assess the demographics of the workers served by such activities. (d) Duration of grants Each grant awarded under this section shall be for a period of not more than 3 years. (e) Amount of grants Each grant awarded under this section shall be in an amount not to exceed $300,000. (f) Reporting requirements Each eligible entity receiving a grant under this section shall, as determined by the Secretary, report to the Secretary the demographics of the workers served by the grant and the results of the activities supported by the grant as such demographics and results are measured by the methods described in the application submitted by the entity under subsection (c)(3)(C). (g) Appropriations In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $15,000,000 for each of fiscal years 2023 through 2027 to carry out this section. VII Banking, Housing, and Community Development 701. Purposes; sense of Congress (a) Purposes The purposes of this title are— (1) to reinvest in low- or moderate-income areas and communities most affected by the war on drugs; and (2) encourage financial institutions to provide financial services to small or minority-owned businesses in the communities described in paragraph (1). (b) Sense of Congress It is the sense of Congress that each appropriate Federal financial supervisory agency should use its authority pursuant to section 804 of the Community Reinvestment Act of 1977 ( 12 U.S.C. 2901 ) when examining financial institutions to encourage the institutions to help meet the credit needs of the local communities in which they are chartered, consistent with the safe and sound operation of such institutions, including those communities that are most affected by the war on drugs. 702. Requirements for filing suspicious activity reports Section 5318(g) of title 31, United States Code, is amended— (1) by redesignating paragraph (11) as paragraph (12); and (2) by inserting after paragraph (10) the following: (11) Requirements for cannabis-related legitimate businesses (A) Definitions In this paragraph: (i) Cannabis The term cannabis has the meaning given the term in section 3 of the Cannabis Administration and Opportunity Act. (ii) Cannabis-related legitimate business; cannabis-related service provider The terms cannabis-related legitimate business and cannabis-related service provider have the meanings given the terms in section 3 of the Small Business Act ( 15 U.S.C. 632 ). (iii) Financial service The term financial service — (I) means— (aa) a financial product or service, as defined in section 1002 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481 ), regardless if the customer receiving the product or service is a consumer or commercial entity; and (bb) a financial product or service, or any combination of products and services, permitted to be provided by— (AA) a national bank or a financial subsidiary pursuant to the authority provided under the paragraph designated as the Seventh of section 5136 of the Revised Statutes ( 12 U.S.C. 24 ) or section 5136A of the Revised Statutes ( 12 U.S.C. 24a ); or (BB) a Federal credit union, pursuant to the authority provided under the Federal Credit Union Act ( 12 U.S.C. 1751 et seq. ); and (II) includes— (aa) the business of insurance; (bb) whether performed directly or indirectly, the authorizing, processing, clearing, settling, billing, transferring for deposit, transmitting, delivering, instructing to be delivered, reconciling, collecting, or otherwise effectuating or facilitating of payments or funds, if such payments or funds are made or transferred by any means, including by the use of credit cards, debit cards, other payment cards, or other access devices, accounts, original or substitute checks, or electronic funds transfers; (cc) acting as a money transmitting business that directly or indirectly makes use of a depository institution in connection with effectuating or facilitating a payment for a cannabis-related legitimate business or cannabis-related service provider in compliance with section 5330 of title 31, United States Code, and any applicable State law; and (dd) acting as an armored car service for processing and depositing with a depository institution or a Federal reserve bank with respect to any monetary instruments, as defined in section 1956(c) of title 18, United States Code. (B) Report With respect to a financial institution or any director, officer, employee, or agent of a financial institution that reports a suspicious transaction pursuant to this subsection, if the reason for the report relates to a cannabis-related legitimate business or cannabis-related service provider, the report shall comply with appropriate guidance issued by the Financial Crimes Enforcement Network. Not later than the end of the 180-day period beginning on the date of enactment of this paragraph, the Secretary shall update the February 14, 2014, guidance titled BSA Expectations Regarding Marijuana-Related Businesses (FIN–2014–G001) or issue new regulations to ensure that the guidance— (i) is consistent with the purpose and intent of the Cannabis Administration and Opportunity Act; (ii) addresses the deposit and movement of cash held by cannabis-legitimate business or cannabis-related service provider as of the date of enactment of this paragraph; and (iii) does not significantly inhibit the provision of financial services to a cannabis-related legitimate business or cannabis-related service provider in the United States. (C) Purpose Any guidance or regulation required under this section shall ensure that a financial institution and any director, employee, officer, or agent of a financial institution continues to report suspicious activities related to cannabis-related legitimate businesses and preserve the ability of the Financial Crimes Enforcement Network and law enforcement to prevent and combat illicit activity. The Financial Crimes Enforcement Network shall promulgate regulations or issue guidance as necessary on financial institutions that provide financial services to cannabis-related legitimate businesses, cannabis-related service providers, or employees, owners, or operators, regarding obligations related to anti-money laundering and under this subchapter, including addressing the filing of suspicious activity reports consistent with this section, customer due diligence requirements, indirect relationships with cannabis-related legitimate businesses, and verification and documentation requirements for financial institutions intending to handle funds from cannabis-related legitimate businesses to ensure such funds are clearly linked with law, other lawful activity, and regulations. The Secretary shall ensure that such regulations are consistent with the purpose and intent of the Cannabis Administration and Opportunity Act while ensuring the Financial Crimes Enforcement Network has sufficient resources to prevent and combat illicit activity. . 703. Guidance and examination procedures Not later than 180 days after the date of enactment of this Act and consistent with the updated Financial Crimes Enforcement Network guidance described in paragraph (11)(B) of section 5318(g) of title 31, United States Code, as added by section 702 of this title, the Financial Institutions Examination Council, in consultation with the Financial Crimes Enforcement Network, shall develop uniform guidance and examination procedures for depository institutions that provide financial services to cannabis-related legitimate businesses and cannabis-related service providers. 704. Investment in communities (a) CDFI support In addition to funds otherwise available, there is appropriated out of any money in the Treasury not otherwise appropriated, $200,000,000 for each of fiscal years 2023 through 2027 to the Community Development Financial Institutions Fund established under section 104 of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4703 ) to provide grants to expand lending and investment in low- or moderate-income areas, including those most affected by the war on drugs. (b) MDI support In addition to funds otherwise available, there is appropriated out of any money in the Treasury not otherwise appropriated, $200,000,000 for each of fiscal years 2023 through 2027 to the Emergency Capital Investment Fund established under section 104A(b) of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4703a ) to support the efforts of low- and moderate-income community financial institutions to, among other things, provide loans, grants, and forbearance for small businesses, minority-owned businesses, and consumers, especially in low-income and underserved communities, including those most affected by the war on drugs. (c) Grants To address housing and community development needs of individuals and communities adversely impacted by the war on drugs (1) Definitions In this subsection: (A) Eligible activity The term eligible activity — (i) means any eligible activity— (I) described in title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ), the HOME Investment Partnerships Act ( 42 U.S.C. 12721 et seq. ), or section 415 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11374 ); and (II) that addresses the needs of individuals and census tracts in the provisions described in subclause (I); and (ii) does not include administrative expenses that exceed 15 percent of the amount of a grant made under this subsection. (B) Eligible grantee The term eligible grantee includes any State, unit of local government, or Indian tribe eligible to receive a grant under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ). (C) Individual adversely impacted by the War on Drugs The term individual adversely impacted by the War on Drugs has the meaning given the term in section 3062 as defined in section 3062 of the Omnibus Crime Control and Safe Streets Act of 1968, as added by section 301(a)(2) of this Act. (D) State; unit of local government; Indian Tribe The terms State , unit of local government , and Indian Tribe have the meanings given the terms in section 102 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302 ). (2) Grants In addition to funds otherwise available, there is appropriated out of any money in the Treasury not otherwise appropriated, $300,000,000 for each of fiscal years 2023 through 2027 to the Secretary of Housing and Urban Development for grants to eligible grantees for eligible activities to address the housing and community development needs of— (A) individuals adversely impacted by the War on Drugs; and (B) housing and community development needs of census tracts where a disproportionate share of residents are individuals described in subparagraph (A), as determined by the Secretary. (3) Award criteria In awarding grants under this subsection, the Secretary of Housing and Urban Development shall establish criteria for awards as may be necessary to demonstrate that the eligible grantee has the need, capacity, and commitment to carry out a grant under this subsection to address the needs described in paragraph (2). (4) Administration and technical assistance Of the amount appropriated under this section, not more than 10 percent shall be available to the Secretary of Housing and Urban Development for administration, evaluation, and technical assistance activities to carry out the grant program under this subsection. 705. Fair hiring in banking (a) Federal Deposit Insurance Act Section 19 of the Federal Deposit Insurance Act ( 12 U.S.C. 1829 ) is amended— (1) by inserting after subsection (b) the following: (c) Exceptions (1) Certain older offenses (A) In general With respect to an individual, subsection (a) shall not apply to an offense if— (i) it has been 7 years or more since the offense occurred; or (ii) the individual was incarcerated with respect to the offense and it has been 5 years or more since the individual was released from incarceration. (B) Offenses committed by individuals 21 or younger For individuals who committed an offense when they were 21 years of age or younger, subsection (a) shall not apply to the offense if it has been more than 30 months since the sentencing occurred. (C) Limitation This paragraph shall not apply to an offense described under subsection (a)(2). (2) Expungement and sealing With respect to an individual, subsection (a) shall not apply to an offense if— (A) there is an order of expungement, sealing, or dismissal that has been issued in regard to the conviction in connection with such offense; and (B) it is intended by the language in the order itself, or in the legislative provisions under which the order was issued, that the conviction shall be destroyed or sealed from the individual’s State or Federal record, even if exceptions allow the record to be considered for certain character and fitness evaluation purposes. (3) De minimis exemption (A) In general Subsection (a) shall not apply to such de minimis offenses as the Corporation determines, by rule. (B) Confinement criteria In issuing rules under subparagraph (A), the Corporation shall include a requirement that the offense was punishable by a term of three years or less confined in a correctional facility, where such confinement— (i) is calculated based on the time an individual spent incarcerated as a punishment or a sanction, not as pretrial detention; and (ii) does not include probation or parole where an individual was restricted to a particular jurisdiction or was required to report occasionally to an individual or a specific location. (C) Bad check criteria In setting the criteria for de minimis offenses under subparagraph (A), if the Corporation establishes criteria with respect to insufficient funds checks, the Corporation shall require that the aggregate total face value of all insufficient funds checks across all convictions or program entries related to insufficient funds checks is $2,000 or less. (D) Designated lesser offenses Subsection (a) shall not apply to certain lesser offenses (including the use of a fake ID, shoplifting, trespass, fare evasion, driving with an expired license or tag, and such other low-risk offenses as the Corporation may designate) if 1 year or more has passed since the applicable conviction or program entry. ; and (2) by adding at the end the following: (f) Consent applications (1) In general The Corporation shall accept consent applications from an individual and from an insured depository institution or depository institution holding company on behalf of an individual that are filed separately or contemporaneously with a regional office of the Corporation. (2) Sponsored applications filed with regional offices Consent applications filed at a regional office of the Corporation by an insured depository institution or depository institution holding company on behalf of an individual— (A) shall be reviewed by such office; (B) may be approved or denied by such office, if such authority has been delegated to such office by the Corporation; and (C) may only be denied by such office if the general counsel of the Corporation (or a designee) certifies that the denial is consistent with this section. (3) Individual applications filed with regional offices Consent applications filed at a regional office by an individual— (A) shall be reviewed by such office; and (B) may be approved or denied by such office, if such authority has been delegated to such office by the Corporation, except with respect to— (i) cases involving an offense described under subsection (a)(2); and (ii) such other high-level security cases as may be designated by the Corporation. (4) National office review The national office of the Corporation shall— (A) review any consent application with respect to which a regional office is not authorized to approve or deny the application; and (B) review any consent application that is denied by a regional office, if the individual requests a review by the national office. (5) Forms and instructions (A) Availability The Corporation shall make all forms and instructions related to consent applications available to the public, including on the website of the Corporation. (B) Contents The forms and instructions described under subparagraph (A) shall provide a sample cover letter and a comprehensive list of items that may accompany the application, including clear guidance on evidence that may support a finding of rehabilitation. (6) Consideration of criminal history (A) Regional office consideration In reviewing a consent application, a regional office shall— (i) primarily rely on the criminal history record of the Federal Bureau of Investigation; and (ii) provide such record to the applicant to review for accuracy. (B) Certified copies The Corporation may not require an applicant to provide certified copies of criminal history records unless the Corporation determines that there is a clear and compelling justification to require additional information to verify the accuracy of the criminal history record of the Federal Bureau of Investigation. (7) Consideration of rehabilitation Consistent with title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ), the Corporation shall— (A) conduct an individualized assessment when evaluating consent applications that takes into account evidence of rehabilitation, the applicant’s age at the time of the conviction or program entry, the time that has elapsed since conviction or program entry, and the relationship of individual’s offense to the responsibilities of the applicable position; (B) consider the individual’s employment history, letters of recommendation, certificates documenting participation in substance abuse programs, successful participating in job preparation and educational programs, and other relevant mitigating evidence; and (C) consider any additional information the Corporation determines necessary for safety and soundness. (8) Scope of employment With respect to an approved consent application filed by an insured depository institution or depository institution holding company on behalf of an individual, if the Corporation determines it appropriate, such approved consent application shall allow the individual to work for the same employer (without restrictions on the location) and across positions, except that the prior consent of the Corporation (which may require a new application) shall be required for any proposed significant changes in the individual’s security-related duties or responsibilities, such as promotion to an officer or other positions that the employer determines will require higher security screening credentials. (9) Coordination with the NCUA In carrying out this section, the Corporation shall consult and coordinate with the National Credit Union Administration as needed to promote consistent implementation where appropriate. (g) Definitions In this section: (1) Consent application The term consent application means an application filed with Corporation by an individual (or by an insured depository institution or depository institution holding company on behalf of an individual) seeking the written consent of the Corporation under subsection (a)(1). (2) Criminal offense involving dishonesty The term criminal offense involving dishonesty — (A) means an offense under which an individual, directly or indirectly— (i) cheats or defrauds; or (ii) wrongfully takes property belonging to another in violation of a criminal statute; (B) includes an offense that Federal, State, or local law defines as dishonest, or for which dishonesty is an element of the offense; and (C) does not include— (i) a misdemeanor criminal offense committed more than one year before the date on which an individual files a consent application, excluding any period of incarceration; or (ii) an offense involving the possession of controlled substances. (3) Pretrial diversion or similar program The term pretrial diversion or similar program means a program characterized by a suspension or eventual dismissal or reversal of charges or criminal prosecution upon agreement by the accused to restitution, drug or alcohol rehabilitation, anger management, or community service. . (b) Federal Credit Union Act Section 205(d) of the Federal Credit Union Act ( 12 U.S.C. 1785(d) ) is amended by adding at the end the following: (4) Exceptions (A) Certain older offenses (i) In general With respect to an individual, paragraph (1) shall not apply to an offense if— (I) it has been 7 years or more since the offense occurred; or (II) the individual was incarcerated with respect to the offense and it has been 5 years or more since the individual was released from incarceration. (ii) Offenses committed by individuals 21 or younger For individuals who committed an offense when they were 21 years of age or younger, paragraph (1) shall not apply to the offense if it has been more than 30 months since the sentencing occurred. (iii) Limitation This subparagraph shall not apply to an offense described under paragraph (1)(B). (B) Expungement and sealing With respect to an individual, paragraph (1) shall not apply to an offense if— (i) there is an order of expungement, sealing, or dismissal that has been issued in regard to the conviction in connection with such offense; and (ii) it is intended by the language in the order itself, or in the legislative provisions under which the order was issued, that the conviction shall be destroyed or sealed from the individual’s State or Federal record, even if exceptions allow the record to be considered for certain character and fitness evaluation purposes. (C) De minimis exemption (i) In general Paragraph (1) shall not apply to such de minimis offenses as the Board determines, by rule. (ii) Confinement criteria In issuing rules under clause (i), the Board shall include a requirement that the offense was punishable by a term of three years or less confined in a correctional facility, where such confinement— (I) is calculated based on the time an individual spent incarcerated as a punishment or a sanction, not as pretrial detention; and (II) does not include probation or parole where an individual was restricted to a particular jurisdiction or was required to report occasionally to an individual or a specific location. (iii) Bad check criteria In setting the criteria for de minimis offenses under clause (i), if the Board establishes criteria with respect to insufficient funds checks, the Board shall require that the aggregate total face value of all insufficient funds checks across all convictions or program entries related to insufficient funds checks is $2,000 or less. (iv) Designated lesser offenses Paragraph (1) shall not apply to certain lesser offenses (including the use of a fake ID, shoplifting, trespass, fare evasion, driving with an expired license or tag, and such other low-risk offenses as the Board may designate) if 1 year or more has passed since the applicable conviction or program entry. (5) Consent applications (A) In general The Board shall accept consent applications from an individual and from an insured credit union on behalf of an individual that are filed separately or contemporaneously with a regional office of the Board. (B) Sponsored applications filed with regional offices Consent applications filed at a regional office of the Board by an insured credit union on behalf of an individual— (i) shall be reviewed by such office; (ii) may be approved or denied by such office, if such authority has been delegated to such office by the Board; and (iii) may only be denied by such office if the general counsel of the Board (or a designee) certifies that the denial is consistent with this section. (C) Individual applications filed with regional offices Consent applications filed at a regional office by an individual— (i) shall be reviewed by such office; and (ii) may be approved or denied by such office, if such authority has been delegated to such office by the Board, except with respect to— (I) cases involving an offense described under paragraph (1)(B); and (II) such other high-level security cases as may be designated by the Board. (D) National office review The national office of the Board shall— (i) review any consent application with respect to which a regional office is not authorized to approve or deny the application; and (ii) review any consent application that is denied by a regional office, if the individual requests a review by the national office. (E) Forms and instructions (i) Availability The Board shall make all forms and instructions related to consent applications available to the public, including on the website of the Board. (ii) Contents The forms and instructions described under clause (i) shall provide a sample cover letter and a comprehensive list of items that may accompany the application, including clear guidance on evidence that may support a finding of rehabilitation. (F) Consideration of criminal history (i) Regional office consideration In reviewing a consent application, a regional office shall— (I) primarily rely on the criminal history record of the Federal Bureau of Investigation; and (II) provide such record to the applicant to review for accuracy. (ii) Certified copies The Board may not require an applicant to provide certified copies of criminal history records unless the Board determines that there is a clear and compelling justification to require additional information to verify the accuracy of the criminal history record of the Federal Bureau of Investigation. (G) Consideration of rehabilitation Consistent with title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ), the Board shall— (i) conduct an individualized assessment when evaluating consent applications that takes into account evidence of rehabilitation, the applicant’s age at the time of the conviction or program entry, the time that has elapsed since conviction or program entry, and the relationship of individual’s offense to the responsibilities of the applicable position; (ii) consider the individual’s employment history, letters of recommendation, certificates documenting participation in substance abuse programs, successful participating in job preparation and educational programs, and other relevant mitigating evidence; and (iii) consider any additional information the Board determines necessary for safety and soundness. (H) Scope of employment With respect to an approved consent application filed by an insured credit union on behalf of an individual, if the Board determines it appropriate, such approved consent application shall allow the individual to work for the same employer (without restrictions on the location) and across positions, except that the prior consent of the Board (which may require a new application) shall be required for any proposed significant changes in the individual’s security-related duties or responsibilities, such as promotion to an officer or other positions that the employer determines will require higher security screening credentials. (I) Coordination with FDIC In carrying out this subsection, the Board shall consult and coordinate with the Federal Deposit Insurance Corporation as needed to promote consistent implementation where appropriate. (6) Definitions In this subsection: (A) Consent application The term consent application means an application filed with Board by an individual (or by an insured credit union on behalf of an individual) seeking the written consent of the Board under paragraph (1)(A). (B) Criminal offense involving dishonesty The term criminal offense involving dishonesty — (i) means an offense under which an individual, directly or indirectly— (I) cheats or defrauds; or (II) wrongfully takes property belonging to another in violation of a criminal statute; (ii) includes an offense that Federal, State, or local law defines as dishonest, or for which dishonesty is an element of the offense; and (iii) does not include— (I) a misdemeanor criminal offense committed more than one year before the date on which an individual files a consent application, excluding any period of incarceration; or (II) an offense involving the possession of controlled substances. (C) Pretrial diversion or similar program The term pretrial diversion or similar program means a program characterized by a suspension or eventual dismissal or reversal of charges or criminal prosecution upon agreement by the accused to restitution, drug or alcohol rehabilitation, anger management, or community service. . (c) Review and report to Congress Not later than the end of the 2-year period beginning on the date of enactment of this Act, the Federal Deposit Insurance Corporation and the National Credit Union Administration shall— (1) review the rules issued to carry out this section and the amendments made by this section on— (A) the application of section 19 of the Federal Deposit Insurance Act ( 12 U.S.C. 1829 ) and section 205(d) of the Federal Credit Union Act ( 12 U.S.C. 1785(d) ); (B) the number of applications for consent applications under such sections; and (C) the rates of approval and denial for consent applications under such sections; (2) make the results of the review required under paragraph (1) available to the public; and (3) issue a report to Congress containing any legislative or regulatory recommendations for expanding employment opportunities for those with a previous minor criminal offense. 706. Fair access to financial services (a) In general All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, and accommodations of any financial institution, as defined in section 803 of the Payment, Clearing, and Settlement Supervision Act of 2010 ( 12 U.S.C. 5462 ), without discrimination on the ground of race, color, religion, national origin, and sex (including sexual orientation and gender identity). (b) Private right of action (1) In general Whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice prohibited by subsection (a), a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, may be instituted by the person aggrieved. (2) Costs In any action commenced pursuant to this section, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs, and the United States shall be liable for costs the same as a private person. (3) Jurisdiction The district courts of the United States shall have jurisdiction of proceedings instituted pursuant to this section and shall exercise the same without regard to whether the aggrieved party shall have exhausted any administrative or other remedies that may be provided by law. (4) Exclusive means The remedies provided in this subsection shall be the exclusive means of enforcing the rights based on this section, but nothing in this section shall preclude any individual or any State or local agency from asserting any right based on any other Federal or State law not inconsistent with this section, including any statute or ordinance requiring nondiscrimination in goods, services, facilities, privileges, and accommodations of any financial institution, or from pursuing any remedy, civil or criminal, which may be available for the vindication or enforcement of such right. 707. Consumer protections for individuals with nonviolent criminal record No institution may deny financial services to an applicant solely based on a prior conviction for a nonviolent cannabis offense. VIII Miscellaneous 801. Comptroller General review of laws and regulations (a) In general The Comptroller General shall conduct a review of Federal laws, regulations, and policies to— (1) determine if any changes in them are desirable in the light of the purposes and provisions of this Act; (2) identify any use of the terms marijuana or marihuana in the rulings, regulations, or interpretations of various administrative bureaus and agencies of the United States and recommend that such terms be replaced with the term cannabis ; and (3) identify any use of the terms marijuana or marihuana in the statutes of the United States and propose any amendments necessary to such statutes to replace such terms with the term cannabis . (b) Report Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall make to Congress and the relevant agencies such recommendations relating to the results of the review described in subsection (a) as the Comptroller General deems appropriate. 802. Cannabis Products Advisory Committee (a) Establishment (1) In general There is established the Cannabis Products Advisory Committee (in this section referred to as the Committee ). (2) Purpose The Committee shall advise any relevant Federal regulatory body, agency, or bureau regarding the administration of this Act (including any amendments made by this Act). (b) Membership (1) Appointments (A) In general The Committee shall be composed of 22 members who are appointed by the Secretary of Health and Human Services (in this section referred to as the Secretary ). (B) Date The Secretary shall make the appointments described in subparagraph (A) not later than 60 days after the date of enactment of this section. (2) Term of service (A) In general Each member of the Committee shall serve a term of 5 years from the date of appointment by the Secretary. No member may be removed prior to the expiration of his or her term without a showing of good cause. (B) Reappointment A member may be reappointed but may not serve more than 2 terms. (C) Vacancies (i) In general Any vacancy in the Committee shall be filled by the Secretary not later than 90 days after the vacancy. (ii) Term A member appointed to fill a vacancy in the Committee shall serve as a member of the Committee for the remainder of the original term of appointment. (3) Membership composition The Committee shall be composed of the following members: (A) Industry stakeholders Three representatives from the cannabis industry, not less than 1 of which is an individual representing a historically underrepresented community or an individual adversely impacted by the War on Drugs (as defined in section 301 of this Act), including— (i) 2 individuals who represent the viewpoint of cannabis cultivators and processors; and (ii) 1 individual who represents the viewpoint of cannabis wholesalers and retailers. (B) Equity and social justice advocate One individual with experience in equity and social justice advocacy with respect to the cannabis industry and criminal justice. (C) State cannabis regulator One individual who represents the viewpoint of State cannabis regulators. (D) Consumers and patients One individual who represents the viewpoint of cannabis consumers and patients. (E) Public health, medicine, or science Four individuals who are technically qualified by training and experience in public health, medicine, or other sciences, including— (i) 2 individuals with domestic or international cannabinoid research experience, 1 of whom shall also have experience treating patients using medical cannabis; and (ii) 2 individuals with experience in substance use and misuse prevention, intervention, and treatment, 1 of whom shall have such experience pertaining to individuals under 21 years of age. (F) Public safety One individual with experience in public safety with respect to cannabis and the cannabis industry. (G) Office of National Drug Control Policy One representative from the Office of National Drug Control Policy. (H) Department of Veterans Affairs One representative from the Department of Veterans Affairs. (I) Alcohol, Tobacco, and Cannabis Tax and Trade Bureau One representative from the Alcohol, Tobacco, and Cannabis Tax and Trade Bureau. (J) National Governors Association One representative from the National Governors Association. (K) Department of Transportation One representative from the Department of Transportation. (L) Department of Health and Human Services Four representatives from the Department of Health and Human Services, including from the Food and Drug Administration, the Centers for Disease Control and Prevention, the National Institutes of Health, and the Substance Abuse and Mental Health Services Administration. (M) Labor unions One labor union representative. (N) Indian Tribe One representative from an Indian Tribe. (4) Administrative Support The Secretary shall furnish the Committee clerical and other assistance to enable the Committee to perform its duties. (5) Compensation (A) Compensation of members A member of the Committee who is not an officer or employee of the Federal Government shall be compensated at a rate fixed by the Secretary, which may not exceed the daily equivalent of the rate in effect under the Senior Executive Schedule under section 5382 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Committee. (B) Travel expenses While away from their home or regular place of business in the performance of services for the Committee, a member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized by section 5703 of title 5, United States Code, for persons in Government service employed intermittently. (6) Chair The Committee shall select a Chair from among the members of the Committee. (7) Subcommittees The Committee may establish subcommittees to facilitate the ability of the Committee to discharge its duties (as described in subsection (c)). (c) Duties The Committee shall— (1) consider all matters submitted to it by the Secretary; (2) on its own initiative, recommend to the Secretary guidelines, rules, and regulations and any changes to guidelines, rules, and regulations that the Committee considers important or necessary for the Secretary’s review and consideration, with a focus on ensuring equity and social justice in such guidelines, rules, and regulations; (3) consider the safety of introducing new cannabis products into the market; (4) review and recommend public health surveillance activities to monitor population-level health effects with respect to cannabis; (5) identify and prioritize gaps in the science important to public health and medicine with respect to cannabis; (6) make recommendations to the Secretary of the Treasury regarding approval of waivers of disqualifying offenses with respect to permit applications under section 302(a)(2)(B) of the Federal Alcohol Administration Act ( 27 U.S.C. 201 et seq. ) (as added by section 511); and (7) not later than 1 year after the date of enactment of this section, and annually thereafter, publish a publicly available report describing the activities of the Committee, including any recommendations the Committee made to the Secretary during the reporting period and whether such recommendations were implemented. (d) Meetings (1) Frequency (A) In general The Committee shall meet on a quarterly basis but may meet more frequently if necessary. (B) Cancellation (i) In general Subject to clause (ii), the Chair may cancel a Committee meeting not less than 3 business days prior to such meeting if, in consultation with the members of the Committee, the Chair determines— (I) the meeting is not needed; or (II) there will not be a quorum present at such meeting. (ii) Exceptions Any meeting may be canceled by the Chair at any time due to inclement weather or an emergency situation. (2) Voting (A) Quorum (i) In general A majority of the members of the Committee shall constitute a quorum. (ii) Requirement A quorum of members shall be required for any decision of the Committee. (iii) Effect of no quorum In the absence of such a quorum, any business transacted by the Committee shall be null and void, except any measure taken to obtain a quorum or to reschedule another meeting. (B) Majority vote Any decision by or recommendation to the Secretary of the Treasury or the Secretary of Health and Human Services from the Committee shall be adopted by a majority vote of the Committee. (C) Consensus; vote recording (i) In general Decision-making by the Committee shall be by consensus when possible. (ii) No consensus (I) Vote If consensus cannot be reached by the Committee, a vote of the members of the Committee will be taken. (II) Quorum required To take a vote under subclause (I), a quorum of the members shall be present. (III) Recording The results of any vote taken under subclause (I) shall be recorded, as well as any statement of concurrence or disagreement, if applicable. (3) Teleconference A member may fully participate in a meeting via teleconference. (4) Confidentiality (A) In general Any discussion of the Committee relative to the work of the Committee is regarded as confidential information and may not be discussed in any form outside the context of the Committee meetings. (B) Waiver requests Any materials submitted to the Committee under section 302(a)(2)(B) of the Federal Alcohol Administration Act ( 27 U.S.C. 201 et seq. ) (as added by section 511), and any transcript made with respect to such submission regarding any particular person, shall be redacted. (5) Non-application of FACA Section 10 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to any part of a meeting held by the Committee with respect to a waiver request submitted to the Committee under section 302(a)(2)(B) of the Federal Alcohol Administration Act ( 27 U.S.C. 201 et seq. ) (as added by section 511). (e) Statements of policy A member of the Committee may not make a statement of policy that purports to be that of the Committee unless the Committee has adopted such a policy, except that any such member shall not be prohibited from stating his or her personal opinion, provided the opinion is clearly identified as such. (f) Termination Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee. 803. Definition of hemp under USDA domestic hemp production program Section 297A(1) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1639o(1) ) is amended— (1) by striking The term and inserting the following: (A) In general The term ; and (2) in subparagraph (A) (as so designated), by striking with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. and inserting the following: “and any products made or derived from such plant or parts, with a total tetrahydrocannabinol equivalent concentration of not more than the allowable tetrahydrocannabinol equivalent amount described in subparagraph (C). (B) Total tetrahydrocannabinol equivalent (i) In general Subject to clause (ii), in subparagraph (A), the term total tetrahydrocannabinol equivalent means— (I) any tetrahydrocannabinol, including— (aa) delta-8 tetrahydrocannabinol; (bb) delta-9 tetrahydrocannabinol; (cc) delta-10 tetrahydrocannabinol; and (dd) tetrahydrocannabinolic acid; and (II) any other substance described in paragraph (ss)(1)(A) of section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ) that has similar effects on the body as a substance described in item (aa), (bb), or (cc) of subclause (I), including through interaction with other substances in the applicable product. (ii) Exclusion of isomers The Secretary of Health and Human Services, in consultation with the Secretary of the Treasury and the Attorney General, may exclude 1 or more isomers of tetrahydrocannabinol from the definition under clause (i). (C) Allowable tetrahydrocannabinol equivalent amount (i) In general Subject to clause (ii), the allowable tetrahydrocannabinol equivalent amount referred to in subparagraph (A) is— (I) except as provided in subclause (II), 1 milligram of total tetrahydrocannabinol per 100 grams on a dry weight basis (or a proportionate amount of any fraction thereof); and (II) in the case of any specified plant product described in clause (iii), 0.7 percent total tetrahydrocannabinol equivalent on a dry weight basis. (ii) Modification; determination with respect to tetrahydrocannabinolic acid For purposes of clause (i), under regulations promulgated by the Secretary of Health and Human Services, in consultation with the Secretary of the Treasury and the Attorney General— (I) the Secretary may modify the allowable tetrahydrocannabinol equivalent amounts described in clause (i) if the Secretary determines that the effects on the body of such substance or interaction of substances differ significantly from the effects on the body of delta-9 tetrahydrocannabinol; and (II) rules similar to the rules relating to the determination of Total THC in section 990.1 of title 7, Code of Federal Regulations (as in effect on the date of enactment of the Cannabis Administration and Opportunity Act ), shall apply in calculating the ratio of tetrahydrocannabinolic acid described in subparagraph (B)(i)(I)(dd) taken into account for purposes of determining the allowable tetrahydrocannabinol equivalent amount. (iii) Specified plant product A specified plant product referred to in clause (i)(II) is any item described in paragraph (ss)(1)(A) of section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ) that does not contain any item described in that paragraph that has been processed, extracted, or concentrated (other than harvesting, drying, curing, or trimming). . 804. Grants for hiring and training relating to cannabis enforcement (a) Amendment Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 ) is amended— (1) by redesignating subsection (m) as subsection (o); and (2) by inserting after subsection (l) the following: (m) COPS grants for small departments To combat illicit cannabis production and distribution (1) Eligible entity defined In this subsection, the term eligible entity means a law enforcement agency that— (A) has not more than 50 sworn law enforcement officers; (B) serves not more than 50,000 residents; and (C) demonstrates a need for additional personnel to combat illicit cannabis production and distribution. (2) Grants The Attorney General shall award competitive grants to eligible entities for hiring— (A) sworn law enforcement officers; (B) non-sworn law enforcement officers; (C) investigators; and (D) community outreach specialists. (n) Cannabis law education programs and technical assistance (1) Program development The Attorney General shall develop Federal education programs and technical assistance for State and local law enforcement agencies to develop the knowledge and expertise necessary to ensure— (A) the enforcement of State and Federal cannabis laws; and (B) that the enforcement described in subparagraph (A) is consistent with the Constitution of the United States. (2) State-specific training and guidance The Director of the Bureau of Justice Assistance shall develop State-specific training and guidance for law enforcement agencies within a jurisdiction for use in the Federal education programs described in paragraph (1). (3) Grants The Attorney General shall award grants to law enforcement agencies for the costs associated with training under this subsection. . (b) Appropriations In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $15,000,000 for each of fiscal years 2023 through 2027 to carry out this section. 805. Severability If any provision of this Act or an amendment made by this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of this Act and the amendments made by this Act to any other person or circumstance shall not be affected. | https://www.govinfo.gov/content/pkg/BILLS-117s4591is/xml/BILLS-117s4591is.xml |
117-s-4592 | II 117th CONGRESS 2d Session S. 4592 IN THE SENATE OF THE UNITED STATES July 21, 2022 Ms. Hassan (for herself and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To encourage the migration of Federal Government information technology systems to quantum-resistant cryptography, and for other purposes.
1. Short title This Act may be cited as the Quantum Computing Cybersecurity Preparedness Act . 2. Findings; sense of Congress (a) Findings Congress finds the following: (1) Cryptography is essential for the national security of the United States and the functioning of the economy of the United States. (2) The most widespread encryption protocols today rely on computational limits of classical computers to provide cybersecurity. (3) Quantum computers might one day have the ability to push computational boundaries, allowing us to solve problems that have been intractable thus far, such as integer factorization, which is important for encryption. (4) The rapid progress of quantum computing suggests the potential for adversaries of the United States to steal sensitive encrypted data today using classical computers, and wait until sufficiently powerful quantum systems are available to decrypt it. (b) Sense of Congress It is the sense of Congress that— (1) a strategy for the migration of information technology systems of the Federal Government to post-quantum cryptography is needed; and (2) the governmentwide and industrywide approach to post-quantum cryptography should prioritize developing applications, hardware intellectual property, and software that can be easily updated to support cryptographic agility. 3. Definitions In this Act: (1) Classical computer The term classical computer means a device that accepts digital data and manipulates the information based on a program or sequence of instructions for how data is to be processed and encodes information in binary bits that can either be 0s or 1s. (2) Director of CISA The term Director of CISA means the Director of the Cybersecurity and Infrastructure Security Agency. (3) Director of NIST The term Director of NIST means the Director of the National Institute of Standards and Technology. (4) Director of OMB The term Director of OMB means the Director of the Office of Management and Budget. (5) Executive agency The term executive agency has the meaning given the term Executive agency in section 105 of title 5, United States Code. (6) Information technology The term information technology has the meaning given the term in section 3502 of title 44, United States Code. (7) Post-quantum cryptography The term post-quantum cryptography means a cryptographic system that— (A) is secure against decryption attempts using a quantum computer or classical computer; and (B) can interoperate with existing communications protocols and networks. (8) Quantum computer The term quantum computer means a computer that uses the collective properties of quantum states to perform calculations. 4. Inventory of cryptographic systems; migration to post-quantum cryptography (a) Inventory (1) Establishment Not later than 180 days after the date of enactment of this Act, the Director of OMB shall establish, by rule or binding guidance, a requirement for each executive agency to establish and maintain an inventory of each cryptographic system in use by the agency. (2) Additional content in rule or binding guidance In the rule or binding guidance established by paragraph (1), the Director of OMB shall include, in addition to the requirement described under that paragraph— (A) a description of information technology to be prioritized for migration to post-quantum cryptography; (B) a description of the information required to be reported pursuant to subsection (b); and (C) a process for evaluating progress on migrating information technology to post-quantum cryptography, which shall be automated to the greatest extent practicable. (3) Periodic updates The Director of OMB shall update the rule or binding guidance established by paragraph (1) as the Director determines necessary. (b) Agency reports Not later than 1 year after the date of enactment of this Act, and on an ongoing basis thereafter, the head of each executive agency shall provide to the Director of OMB, the Director of CISA, and the National Cyber Director an inventory of all information technology in use by the executive agency that is vulnerable to decryption by quantum computers, prioritized pursuant to the guidance issued under subsection (a)(2). (c) Migration and assessment (1) Migration to post-quantum cryptography Not later than 1 year after the date on which the Director of NIST has issued post-quantum cryptography standards, the Director of OMB shall issue guidance requiring each executive agency to develop a plan to migrate information technology of the agency to post-quantum cryptography. (2) Designation of systems for migration Not later than 90 days after the date on which the guidance required by paragraph (1) has been issued, the Director of OMB shall issue guidance for agencies to— (A) designate information technology to be migrated to post-quantum cryptography; and (B) prioritize information technology designated under subparagraph (A), on the basis of the amount of risk posed by decryption by quantum computers to that technology, for migration to post-quantum cryptography. (d) Interoperability The Director of OMB shall ensure that the designations and prioritizations made under subsection (c)(2) are assessed and coordinated to ensure interoperability. (e) Report on post-Quantum cryptography Not later than 15 months after the date of enactment of this Act, the Director of OMB shall submit to Congress a report on the following: (1) A strategy to address the risk posed by the vulnerabilities of information technology systems of executive agencies to weakened encryption due to the potential and possible capability of a quantum computer to breach that encryption. (2) The amount of funding needed by executive agencies to secure the information technology systems described in paragraph (1) from the risk posed by an adversary of the United States using a quantum computer to breach the encryption of information technology systems. (3) A description of Federal civilian executive branch coordination efforts led by the National Institute of Standards and Technology, including timelines, to develop standards for post-quantum cryptography, including any Federal Information Processing Standards developed under chapter 35 of title 44, United States Code, as well as standards developed through voluntary, consensus standards bodies such as the International Organization for Standardization. (f) Report on migration to post-Quantum cryptography in information technology systems Not later than 1 year after the date on which the Director of OMB issues guidance under subsection (c)(2), and annually thereafter until the date that is 5 years after the date on which post-quantum cryptographic standards are issued, the Director of OMB shall submit to Congress, with the report submitted pursuant to section 3553(c) of title 44, United States Code, a report on the progress of executive agencies in adopting post-quantum cryptography standards. 5. Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. | https://www.govinfo.gov/content/pkg/BILLS-117s4592is/xml/BILLS-117s4592is.xml |
117-s-4593 | II 117th CONGRESS 2d Session S. 4593 IN THE SENATE OF THE UNITED STATES July 21, 2022 Mr. Kelly (for himself and Ms. Sinema ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XIX of the Social Security Act to require the Secretary of Health and Human Services to make certain information available on a public website relating to intermediate care facilities for individuals with intellectual disabilities certified for participation under the Medicaid program, and for other purposes.
1. Short title This Act may be cited as the Preventing Abuse and Neglect of Vulnerable Americans Act of 2022 . 2. Requiring the Secretary of Health and Human Services to make certain information available on a public website relating to intermediate care facilities for individuals with intellectual disabilities certified for participation under the medicaid program (a) In general Section 1910 of the Social Security Act ( 42 U.S.C. 1396i ) is amended by adding at the end the following new subsection: (c) Not later than 2 years after the date of the enactment of this subsection, the Secretary shall, in order to increase transparency, include on the official internet website of the Federal Government for Medicaid beneficiaries, with respect to each intermediate care facility described in subsection (b) eligible to participate in the program established under this title, the following information in a manner that is posted in a prominent location, updated on a timely basis, easily accessible, readily understandable to consumers of services for individuals with intellectual disabilities, and searchable: (1) Information regarding the performance of such facility, including— (A) results from the 3 most recent surveys conducted with respect to such facility under the State survey and certification process, including any standard or condition-level deficiencies identified during such surveys and any administrative actions or citations taken as a result of such surveys; (B) any finding, with respect to any such deficiencies identified during such surveys, that such a deficiency immediately jeopardized the health or safety of residents of such facility; (C) the 3 most recent Form 2567 (or a successor form) State inspection reports and a description of how an individual may interpret such reports; and (D) any plan of correction or other response of such facility to such reports. (2) The standardized complaint form developed under section 1128I(f), including explanatory material on what complaint forms are, how they are used, and how to file a complaint with the State survey and certification program, the State long-term care ombudsman program, and the State Protection and Advocacy for Individuals with Developmental Disabilities program. (3) Summary information on the number of substantiated complaints, including the type and level of citation and any immediate jeopardy citations. . (b) Establishment of standardized complaint form Section 1128I of the Social Security Act ( 42 U.S.C. 1320a–7j ) is amended by adding at the end the following new subsection: (i) Application of certain provisions to intermediate care facilities for individuals with intellectual disabilities In applying subsection (f), beginning 1 year after the date of the enactment of this subsection, each reference to a facility shall be deemed to include an intermediate care facility described in section 1905(d). . 3. Advisory council on intermediate care facilities for individuals with intellectual disabilities (a) Establishment Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the Secretary ) shall establish the Advisory Council on Intermediate Care Facilities for Individuals with Intellectual Disabilities (in this section, referred to as the Advisory Council ). (b) Membership (1) In general The Advisory Council shall consist of such members as appointed by the Secretary. In making such appointments, the Secretary shall ensure that the Advisory Council includes the following: (A) Individuals with disabilities, including but not limited to individuals who have resided in an intermediate care facility for individuals with intellectual disabilities. (B) Family members or guardians, excluding cases where an employee of an intermediate care facility serves as the legal guardian, of individuals with disabilities who reside in such a facility. (C) Representatives of State agencies that support individuals with intellectual and developmental disabilities. (D) Representatives of intermediate care facility providers. (E) Advocates for individuals with intellectual and developmental disabilities. (F) Representatives of States, including State survey agencies. (G) Representatives from health care quality standards-setting organizations. (H) Staff who provide direct care to individuals residing at such facilities. (I) Representatives of workers at intermediate care facilities. (J) Representatives of State Protection and Advocacy Systems. (K) Representatives of the Centers for Medicare & Medicaid Services. (2) Chair The Chair of the Advisory Council shall be appointed by the Secretary from among the members selected under paragraph (1) and described in subparagraphs (A) through (J) of such paragraph. (c) Duties (1) In general The Advisory Council shall develop recommendations on steps that intermediate care facilities for individuals with intellectual disabilities, States, or the Federal Government may take to prevent abuse, neglect, and exploitation, which may include recommendations relating to the following: (A) Improving staffing levels and staff training. (B) Creating pamphlets or other materials to share with families to help them identify potential warning signs of abuse, neglect, and exploitation. (C) Creating materials to share with families on the process of how to file a complaint when abuse, neglect, or exploitation is suspected. (D) Addressing staff retention, workplace safety, and staff burnout. (E) Improving the adequacy, efficiency, and coordination of preemployment background checks, and compliance with such checks, for individuals providing direct care to residents of such facilities, including with respect to State rap back systems and the National Background Check Program. (2) Considerations In the development of recommendations under paragraph (1), the Advisory Council shall take into account data and practices related to intermediate care facilities for individuals with intellectual disabilities, which may include the following: (A) Survey data related to abuse, neglect, and exploitation citations. (B) Current programs being utilized by intermediate care facilities for individuals with intellectual disabilities related to abuse, neglect, and exploitation prevention. (C) Current practices for providing transparency to consumers of intermediate care facility for individuals with intellectual disabilities services and their families when incidents occur. (D) State requirements for providers of intermediate care facility for individuals with intellectual disabilities services related to abuse, neglect, and exploitation, including— (i) reporting requirements; (ii) data tracking; and (iii) resolution of reports of abuse, neglect, or exploitation, including those reports that were not substantiated. (3) Authority to collect information and request technical assistance The Advisory Council may secure directly from the Secretary upon request such information or technical assistance as the Advisory Council considers necessary to carry out this section. (d) Report (1) In general Not later than 1.5 years after the date of the first meeting of the Advisory Council described in section 3(a), the Advisory Council shall submit to the Secretary, the Committee on Finance and the Special Committee on Aging of the Senate, and the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives, a report containing any recommendations developed under subsection (c)(1), together with recommendations for such legislation and administrative action as the Advisory Council determines appropriate. (2) Public availability Upon receiving the report described in paragraph (1), the Secretary shall make such report public. (e) Termination The Advisory Council shall terminate upon the submission of the report to the Secretary under subsection (d)(1). 4. Permitting medicare and medicaid providers to access the national practitioner data bank to conduct employee background checks Section 1921(b)(6) of the Social Security Act ( 42 U.S.C. 1396r–2(b)(6) ) is amended— (1) by striking and other health care entities (as defined in section 431 of the Health Care Quality Improvement Act of 1986) and inserting , other health care entities (as defined in section 431 of the Health Care Quality Improvement Act of 1986), providers of services (as defined in section 1861(u)), suppliers (as defined in section 1861(d)), and providers of items or services under a State plan under this title (or a waiver of such a plan) ; and (2) by striking such hospitals or other health care entities and inserting such hospitals, health care entities, providers, or suppliers . | https://www.govinfo.gov/content/pkg/BILLS-117s4593is/xml/BILLS-117s4593is.xml |
117-s-4594 | II 117th CONGRESS 2d Session S. 4594 IN THE SENATE OF THE UNITED STATES July 21, 2022 Mr. Marshall (for himself and Mr. Cruz ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To establish a National Regulatory Budget, and for other purposes.
1. Short title This Act may be cited as the National Regulatory Budget Act of 2022 . 2. Establishment of the Office of Regulatory Analysis (a) In general Part I of title 5, United States Code, is amended by inserting after chapter 6 the following: 6A National Regulatory Budget and Office of Regulatory Analysis Sec. 613. Definitions. 614. Office of Regulatory Analysis; establishment; powers. 615. Functions of Office of Regulatory Analysis; Executive branch agency compliance. 616. Public disclosure of estimate methodology and data; privacy. 617. National Regulatory Budget; timeline. 618. Executive branch agency cooperation mandatory; information sharing. 619. Enforcement. 620. Regulatory Analysis Advisory Board. 613. Definitions In this chapter— (1) the term aggregate costs , with respect to a covered Federal rule, means the sum of— (A) the direct costs of the covered Federal rule; and (B) the regulatory costs of the covered Federal rule; (2) the term covered Federal rule means— (A) a rule (as defined in section 551); (B) an information collection requirement given a control number by the Office of Management and Budget; or (C) guidance or a directive that— (i) is not described in subparagraph (A) or (B); (ii) (I) is mandatory in its application to regulated entities; or (II) represents a statement of agency position that regulated entities would reasonably construe as reflecting the enforcement or litigation position of the agency; and (iii) imposes not less than $25,000,000 in annual costs on regulated entities; (3) the term direct costs means— (A) expenditures made by an Executive branch agency that relate to the promulgation, administration, or enforcement of a covered Federal rule; or (B) costs incurred by an Executive branch agency or any other instrumentality of the Federal Government because of a covered Federal rule; (4) the term Director means the Director of the Office of Regulatory Analysis established under section 614(b); (5) the term Executive branch agency has the meaning given the term agency in section 551, except that it shall not include an authority of the Government of the United States that is within another agency; (6) the term regulated entity means— (A) a for-profit private sector entity (including an individual who is in business as a sole proprietor); (B) a not-for-profit private sector entity; or (C) a State or local government; and (7) the term regulatory costs means all costs incurred by a regulated entity because of covered Federal rules. 614. Office of Regulatory Analysis; establishment; powers (a) Establishment There is established in the executive branch an independent establishment to be known as the Office of Regulatory Analysis . (b) Director (1) Establishment of position There shall be at the head of the Office of Regulatory Analysis a Director, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Term (A) In general The term of office of the Director shall— (i) be 4 years; and (ii) expire on the last day of February following each Presidential election. (B) Appointments prior to expiration of term Subject to subparagraph (C), an individual appointed as Director to fill a vacancy prior to the expiration of a term shall serve only for the unexpired portion of the term. (C) Service until appointment of successor An individual serving as Director at the expiration of a term may continue to serve until a successor is appointed. (3) Powers (A) Appointment of Deputy Directors, officers, and employees (i) In general The Director may appoint Deputy Directors, officers, and employees, including attorneys, in accordance with chapter 51 and subchapter III of chapter 53. (ii) Term of Deputy Directors A Deputy Director shall serve until the expiration of the term of office of the Director who appointed the Deputy Director (and until a successor to that Director is appointed), unless sooner removed by the Director. (B) Contracting (i) In general The Director may contract for financial and administrative services (including those related to budget and accounting, financial reporting, personnel, and procurement) with the General Services Administration, or such other Federal agency as the Director determines appropriate, for which payment shall be made in advance, or by reimbursement, from funds of the Office of Regulatory Analysis in such amounts as may be agreed upon by the Director and the head of the Federal agency providing the services. (ii) Subject to appropriations Contract authority under clause (i) shall be effective for any fiscal year only to the extent that appropriations are available for that purpose. (c) Authorization of appropriations There are authorized to be appropriated to the Office of Regulatory Analysis for each fiscal year such sums as may be necessary to enable the Office of Regulatory Analysis to carry out its duties and functions. 615. Functions of Office of Regulatory Analysis; Executive branch agency compliance (a) Annual report required (1) In general Not later than January 30 of each year, the Director shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Small Business and Entrepreneurship of the Senate, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Small Business of the House of Representatives a Report on National Regulatory Costs (referred to in this section as the Report ) that includes the information specified under paragraph (2). (2) Contents Each Report shall include– (A) an estimate, for the fiscal year during which the Report is submitted and for the preceding fiscal year, of— (i) the regulatory costs imposed by each Executive branch agency on regulated entities; (ii) the aggregate costs imposed by each Executive branch agency; (iii) the aggregate costs imposed by all Executive branch agencies combined; (iv) the direct costs incurred by the Federal Government because of covered Federal rules issued by each Executive branch agency; (v) the sum of the costs described in clauses (iii) and (iv); (vi) the regulatory costs imposed by each Executive branch agency on small businesses, small organizations, and small governmental jurisdictions (as those terms are defined in section 601); and (vii) the sum of the costs described in clause (vi); (B) an analysis of any major changes in estimation methodology used by the Office of Regulatory Analysis since the previous annual report; (C) an analysis of any major estimate changes caused by improved or inadequate data since the previous annual report; (D) recommendations, both general and specific, regarding— (i) how regulations may be streamlined, simplified, and modernized; (ii) regulations that should be repealed; and (iii) how the Federal Government may reduce the costs of regulations without diminishing the effectiveness of regulations; and (E) any other information that the Director determines may be of assistance to Congress in determining the National Regulatory Budget required under section 617. (b) Regulatory analysis of new rules (1) Requirement The Director shall publish in the Federal Register and on the website of the Office of Regulatory Analysis a regulatory analysis of each proposed covered Federal rule issued by an Executive branch agency, and each proposed withdrawal or modification of a covered Federal rule by an Executive branch agency, that— (A) imposes costs on a regulated entity; or (B) reduces costs imposed on a regulated entity. (2) Contents Each regulatory analysis published under paragraph (1) shall include— (A) an estimate of the change in regulatory cost of each proposed covered Federal rule (or proposed withdrawal or modification of a covered Federal rule); and (B) any other information or recommendation that the Director may choose to provide. (3) Timing of regulatory analysis (A) Initial regulatory analysis Not later than 60 days after the date on which the Director receives a copy of a proposed covered Federal rule from the head of an Executive branch agency under paragraph (4), the Director shall publish an initial regulatory analysis. (B) Revised regulatory analysis The Director may publish a revised regulatory analysis at any time. (4) Notice to Director of proposed covered Federal rule The head of an Executive branch agency shall provide a copy of each proposed covered Federal rule to the Director in a manner prescribed by the Director. (c) Effective dates (1) In general Except as provided in paragraph (2), a covered Federal rule may not take effect earlier than 75 days after the date on which the head of the Executive branch agency proposing the covered Federal rule submits a copy of the proposed covered Federal rule to the Director in the manner prescribed by the Director under subsection (b)(4). (2) Exception If the head of the Executive branch agency proposing a covered Federal rule determines that the public health or safety or national security requires that the covered Federal rule be promulgated earlier than the date specified under paragraph (1), the head of the Executive branch agency may promulgate the covered Federal rule without regard to paragraph (1). 616. Public disclosure of estimate methodology and data; privacy (a) Privacy The Director shall comply with all relevant privacy laws, including— (1) the Confidential Information Protection and Statistical Efficiency Act of 2002 ( 44 U.S.C. 3501 note); (2) section 9 of title 13; and (3) section 6103 of the Internal Revenue Code of 1986. (b) Disclosure (1) In general To the maximum extent permitted by law, the Director shall disclose, by publication in the Federal Register and on the website of the Office of Regulatory Analysis, the methodology and data used to generate the estimates in the Report on National Regulatory Costs required under section 615. (2) Goal of disclosure In disclosing the methodology and data under paragraph (1), the Director shall seek to provide sufficient information so that outside researchers may replicate the results contained in the Report on National Regulatory Costs. 617. National Regulatory Budget; timeline (a) Definition In this section— (1) the term annual overall regulatory cost cap means the maximum amount of regulatory costs that all Executive branch agencies combined may impose in a fiscal year; (2) the term annual agency regulatory cost cap means the maximum amount of regulatory costs that an Executive branch agency may impose in a fiscal year; and (3) the term National Regulatory Budget means an Act of Congress that establishes, for a fiscal year— (A) the annual overall regulatory cost cap; and (B) an annual agency regulatory cost cap for each Executive branch agency. (b) Committee deadlines (1) Referral Not later than March 31 of each year— (A) the Committee on Small Business and Entrepreneurship of the Senate shall refer to the Committee on Homeland Security and Governmental Affairs of the Senate a bill that sets forth a National Regulatory Budget for the fiscal year beginning on October 1 of that year; and (B) the Committee on Small Business of the House of Representatives shall refer to the Committee on Oversight and Reform of the House of Representatives a bill that sets forth a National Regulatory Budget for the fiscal year beginning on October 1 of that year. (2) Reporting Not later than May 31 of each year— (A) the Committee on Homeland Security and Governmental Affairs of the Senate shall report a bill establishing a National Regulatory Budget for the fiscal year beginning on October 1 of that year; and (B) the Committee on Oversight and Reform of the House of Representatives shall report a bill establishing a National Regulatory Budget for the fiscal year beginning on October 1 of that year. (c) Passage Not later than July 31 of each year, the House of Representatives and the Senate shall each pass a bill establishing a National Regulatory Budget for the fiscal year beginning on October 1 of that year. (d) Presentment Not later than September 15 of each year, Congress shall pass and present to the President a National Regulatory Budget for the fiscal year beginning on October 1 of that year. (e) Default budget (1) In general If a National Regulatory Budget is not enacted with respect to a fiscal year, the most recently enacted National Regulatory Budget shall apply to that fiscal year. (2) Default initial budget (A) Calculation If a National Regulatory Budget is not enacted with respect to a fiscal year, and no National Regulatory Budget has previously been enacted— (i) the annual agency regulatory cost cap for an Executive branch agency for the fiscal year shall be equal to the amount of regulatory costs imposed by that Executive branch agency on regulated entities during the preceding fiscal year, as estimated by the Director in the annual report submitted to Congress under section 615(a); and (ii) the annual overall regulatory cost cap for the fiscal year shall be equal to the sum of the amounts described in clause (i). (B) Effect For purposes of section 619, an annual agency regulatory cost cap described in subparagraph (A) that applies to a fiscal year shall have the same effect as if the annual agency regulatory cost cap were part of a National Regulatory Budget applicable to that fiscal year. (f) Initial budget The first National Regulatory Budget shall be with respect to fiscal year 2024. 618. Executive branch agency cooperation mandatory; information sharing (a) Executive branch agency cooperation mandatory Not later than 45 days after the date on which the Director requests any information from an Executive branch agency, the Executive branch agency shall provide the Director with the information. (b) Memoranda of understanding regarding confidentiality (1) In general An Executive branch agency may require the Director to enter into a memorandum of understanding regarding the confidentiality of information provided by the Executive branch agency to the Director under subsection (a) as a condition precedent to providing any requested information. (2) Degree of confidentiality or data protection An Executive branch agency may not require a greater degree of confidentiality or data protection from the Director in a memorandum of understanding entered into under paragraph (1) than the Executive branch agency itself must adhere to. (3) Scope A memorandum of understanding entered into by the Director and an Executive branch agency under paragraph (1) shall— (A) be general in scope; and (B) govern all pending and future requests made to the Executive branch agency by the Director. (c) Sanctions for non-Cooperation (1) In general The appropriations of an Executive branch agency for a fiscal year shall be reduced by one-half of 1 percent if, during that fiscal year, the Director finds that— (A) the Executive branch agency has failed to timely provide information that the Director requested under subsection (a); (B) the Director has provided notice of the failure described in subparagraph (A) to the Executive branch agency; (C) the Executive branch agency has failed to cure the failure described in subparagraph (A) within 30 days of being notified under subparagraph (B); and (D) the information that the Director requested under subsection (a)— (i) is in the possession of the Executive branch agency; or (ii) may reasonably be developed by the Executive branch agency. (2) Sequestration The Office of Management and Budget, in consultation with the Office of Federal Financial Management and Financial Management Service, shall enforce a reduction in appropriations under paragraph (1) by sequestering the appropriate amount of funds and returning the funds to the Treasury. (3) Appeals (A) In general The Director of the Office of Management and Budget may reduce the amount of, or except as provided in subparagraph (B), waive, a sanction imposed under paragraph (1) if the Director of the Office of Management and Budget finds that— (i) the sanction is unwarranted; (ii) the sanction is disproportionate to the gravity of the failure; (iii) the failure has been cured; or (iv) providing the requested information would adversely affect national security. (B) No waiver for historically non-compliant agencies The Director of the Office of Management and Budget may not waive a sanction imposed on an Executive branch agency under paragraph (1) if the Executive branch agency has a history of non-compliance with requests for information by the Director of the Office of Regulatory Analysis under subsection (a). (d) National security The Director may not require an Executive branch agency to provide information under subsection (a) that would adversely affect national security. 619. Enforcement (a) Exceeding annual agency regulatory cost cap An Executive branch agency that exceeds the annual agency regulatory cost cap imposed by the National Regulatory Budget for a fiscal year may not promulgate a new covered Federal rule that increases regulatory costs until the Executive branch agency no longer exceeds the annual agency regulatory cost cap imposed by the applicable National Regulatory Budget. (b) Determination of Director (1) In general An Executive branch agency may not promulgate a covered Federal rule unless the Director determines, in conducting the regulatory analysis of the covered Federal rule under section 615(b)(3)(A) that, after the Executive branch agency promulgates the covered Federal rule, the Executive branch agency will not exceed the annual agency regulatory cost cap for that Executive branch agency. (2) Timing The Director shall make a determination under paragraph (1) with respect to a proposed covered Federal rule not later than 60 days after the Director receives a copy of the proposed covered Federal rule under section 615(b)(4). (c) Effect of violation of this section (1) No force or effect A covered Federal rule that is promulgated in violation of this section shall have no force or effect. (2) Judicial Enforcement Any party may bring an action in a district court of the United States to declare that a covered Federal rule has no force or effect because the covered Federal rule was promulgated in violation of this section. 620. Regulatory Analysis Advisory Board (a) Establishment of Board In accordance with the Federal Advisory Committee Act (5 U.S.C. App.), the Director shall— (1) establish a Regulatory Analysis Advisory Board; and (2) appoint not fewer than 9 and not more than 15 individuals as members of the Regulatory Analysis Advisory Board. (b) Qualifications The Director shall appoint individuals with technical and practical expertise in economics, law, accounting, science, management, and other areas that will aid the Director in preparing the annual Report on National Regulatory Costs required under section 615. . (b) Technical and conforming amendments (1) Table of chapters The table of chapters for part I of title 5, United States Code, is amended by inserting after the item relating to chapter 6 the following: 6A. National Regulatory Budget and Office of Regulatory Analysis 613 . (2) Internal Revenue Code of 1986 Section 6103(j) of the Internal Revenue Code of 1986 is amended by adding at the end the following: (7) Office of Regulatory Analysis Upon written request by the Director of the Office of Regulatory Analysis established under section 614 of title 5, United States Code, the Secretary shall furnish to officers and employees of the Office of Regulatory Analysis return information for the purpose of, but only to the extent necessary for, an analysis of regulatory costs. . 3. Report on duplicative personnel; report on regulatory analysis (a) Definition In this section, the term Director means the Director of the Office of Regulatory Analysis established under section 614(b) of title 5, United States Code, as added by section 2. (b) Report on duplicative personnel Not later than December 31, 2022, the Director shall submit to Congress a report determining positions in the Federal Government that are— (1) duplicative of the work performed by the Office of Regulatory Analysis established under section 614 of title 5, United States Code, as added by section 2; or (2) otherwise rendered cost ineffective by the work of the Office of Regulatory Analysis. (c) Report on regulatory analysis (1) Report required Not later than June 30, 2023, the Director shall submit to Congress a report analyzing the practice of Federal regulatory analysis with respect to, and the effectiveness of— (A) chapter 6 of title 5, United States Code (commonly known as the Regulatory Flexibility Act ); (B) the Small Business Regulatory Enforcement Fairness Act of 1996 ( 5 U.S.C. 601 note); (C) chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ); (D) each Executive order that mandates economic analysis of Federal regulations; and (E) Office of Management and Budget circulars, directives, and memoranda that mandate economic analysis of Federal regulations. (2) Recommendations The report under paragraph (1) shall include recommendations about how Federal regulatory analysis may be improved. 4. Administrative procedure (a) Definition of rule Section 551(4) of title 5, United States Code, is amended by inserting after requirements of an agency the following: , whether or not the agency statement amends the Code of Federal Regulations and including, without limitation, a statement described by the agency as a regulation, rule, directive, or guidance, . (b) Notice of proposed rulemaking Section 553(b) of title 5, United States Code, is amended, following the flush text, in subparagraph (A) by striking interpretative rules, general statements of policy, or . | https://www.govinfo.gov/content/pkg/BILLS-117s4594is/xml/BILLS-117s4594is.xml |
117-s-4595 | II 117th CONGRESS 2d Session S. 4595 IN THE SENATE OF THE UNITED STATES July 21, 2022 Mr. Casey (for himself, Mr. Booker , Ms. Klobuchar , Ms. Duckworth , Mr. Blumenthal , Mr. Brown , Mr. Wyden , Mrs. Gillibrand , and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To support local governments for jurisdictions that elect or appoint a person with a disability in providing the accommodations needed for the elected or appointed official to carry out their official work duties, and to build the capacity of local governments to have consistent and adequate funding for accommodations.
1. Short title This Act may be cited as the Accessibility and Inclusion to Diversify Local Government Leadership Act or the AID Local Government Leadership Act . 2. Findings and purposes (a) Findings Congress finds the following: (1) The Centers for Disease Control and Prevention estimates approximately 1 in 4 adults in the United States has a disability. (2) Data from the Bureau of Labor Statistics indicates that the labor force participation rate of people with disabilities is consistently half of that of people without disabilities. (3) The National Council on Independent Living reports that people with disabilities are underrepresented in elected offices. (4) Local governments are required, under the Americans with Disabilities Act of 1990, to provide reasonable accommodations to enable individuals with disabilities to perform official work duties. (b) Purposes The purposes of this Act are— (1) to support local governments for jurisdictions that elect or appoint a person with a disability, in providing the accommodations needed for the local elected or appointed official to carry out the official’s official work duties, to enable the governments to meet the requirement described in subsection (a)(4); and (2) to build the capacity of local governments, who otherwise do not have adequate funding to provide the accommodations, to have adequate and consistent funding to provide the accommodations for such officials. 3. Definitions In this Act: (1) Assistive technology The term assistive technology means technology designed to be utilized in an assistive technology device or assistive technology service. (2) Assistive technology device; assistive technology service The terms assistive technology device and assistive technology service have the meanings given the terms in section 3 of the Assistive Technology Act of 1998 ( 29 U.S.C. 3002 ). (3) Disability The term disability has the meaning given the term in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). (4) Indian tribe The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (5) Local appointed official The term local , used with respect to an appointed official, means an individual who— (A) is appointed to a position on an advisory committee that makes recommendations to local government; and (B) is not paid for the individual's work in the position. (6) Local elected official The term local , used with respect to an elected official, means an official who is elected for a position, from a village, town, county, or other municipality that is not national or statewide, via an election authorized by a local election board. (7) Local government The term local government means the government of any village, town, city, county, or other municipality that is not national or statewide. (8) Reasonable accommodation The term reasonable accommodation has the meaning given the term in section 101 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12111 ). (9) Rural The term rural , used with respect to an area, means an area classified as a rural commuting area under the Rural-Urban Commuting Area Codes developed by the Secretary of Agriculture and the Secretary of Health and Human Services. (10) Secretary Except as otherwise specified, the term Secretary means the Secretary of Labor, acting through the Assistant Secretary for Disability Employment Policy. (11) State The term State means any of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Marianas. (12) Work duties The term work duties means the essential functions of an employment position. 4. Community grant program (a) In general From the amounts appropriated to carry out this Act, the Secretary shall award grants to eligible entities in any State or associated with any Indian tribe in order to provide, to local elected or appointed officials who have disabilities, reasonable accommodations needed to enable the officials to carry out their official work duties, which accommodations may include— (1) physical adaptations of office space and other spaces used for public events; (2) specialized software; (3) communication supports, including sign language interpreters; (4) provision of transportation services for an official work event (excluding transportation for commuting); and (5) other assistive technology devices and assistive technology services needed to carry out official work duties. (b) Awards (1) Process During a fiscal year, the Secretary shall award the grants on a first-come, first-served basis until the funds appropriated under this section for that year are exhausted. If funds appropriated under this section are not exhausted for a fiscal year, the Secretary may use the funds to award such grants during a subsequent fiscal year. (2) Amounts The Secretary shall award such a grant in an amount of not less than $3,000 and not more than $50,000, per year of the grant period. (c) Grant period The Secretary shall award such a grant for a period equal to— (1) the number of years the local elected or appointed official involved will be in office during the official’s first term; and (2) 2 years. (d) Eligible entities To be eligible to receive a grant under this section, an entity shall be a local government— (1) that has a local elected or appointed official who has a disability and needs a reasonable accommodation to carry out the official’s official work duties; and (2) for a jurisdiction that— (A) is in a rural area; (B) has a population of less than 10,000; or (C) has a population of 10,000 to less than 200,000, and a poverty rate of 18 percent or greater, according to the most recent data available from the Bureau of the Census. (e) Application and selection (1) Application To be eligible to receive a grant under this section, an entity shall submit an application to the Secretary, in accordance with a process prescribed by the Secretary, that shall include, at a minimum— (A) a description of— (i) the position, including the official work duties of the position, held by the local elected or appointed official involved; (ii) the needed reasonable accommodations for the local elected or appointed official; and (iii) a budget to cover those accommodations; and (B) assurances that the eligible entity will— (i) use the grant funds only for reasonable accommodations needed for the local elected or appointed official involved to carry out their official work duties; (ii) provide, for each fiscal year, non-Federal matching funds equal to not less than 25 percent of the amount provided through the grant for that fiscal year; (iii) use the non-Federal matching funds to fund a reasonable accommodations funding account; (iv) continue the funding of that account for at least 4 years after the end of the grant period, maintaining a balance in the account equal to the total amount of non-Federal matching funds provided by the entity during the grant period; (v) use the account solely for the purposes of assisting local elected and appointed officials who have disabilities, by providing reasonable accommodations needed to carry out their official work duties; and (vi) submit annual reports on the grant activities as required by the Secretary. (2) Selection process The Secretary shall award grants in accordance with a process prescribed by the Secretary. (f) Allowable use An eligible entity that receives a grant under this Act may use the grant funds for reasonable accommodations needed to enable a local elected or appointed official who has a disability to carry out the official work duties of the local elected or appointed official. The reasonable accommodations may include the physical adaptations, specialized software, communication supports, and devices and services, described in subsection (a). (g) Annual report (1) In general The Secretary shall annually prepare a report regarding the impact of the grant program carried out under this section, which report shall include— (A) the number of applications received under the program; (B) the number of eligible entities that received a grant; (C) a description of the communities receiving the grant funding, such as— (i) information on whether the communities are— (I) rural areas or jurisdictions described in subsection (d)(2); or (II) other types of communities; (ii) race and ethnicity data for the communities; (iii) information on the percentage of the population of the communities that is living in poverty; and (iv) related community demographics; (D) a description of the types of positions held by the local elected or appointed officials supported; and (E) a description of the types of adaptations, services, assistive technology, technology, communication services, and other reasonable accommodations funded through the grants in order for the local elected or appointed officials to carry out their official responsibilities. (2) Information added after second year Beginning with the third year of the program and for each subsequent year, in addition to the information specified in paragraph (1), the report shall include— (A) the total amount of funds eligible entities receiving the grants invested in reasonable accommodations funding accounts; and (B) aggregate data on the age, sex, gender identity, race and ethnicity, and disability of the local elected or appointed officials the grant program is supporting. (3) Submission The Secretary shall annually submit the report prepared under this subsection to— (A) the Committee on Health, Education, Labor, and Pensions of the Senate; (B) the Committee on Education and Labor of the House of Representatives; and (C) the Special Committee on Aging of the Senate. (h) Administration From the amounts made available under subsection (i) for a fiscal year, the Secretary may reserve and use not more than 1 percent for administration of the grant program carried out under this section. (i) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this Act, $5,000,000 for each of fiscal years 2024 through 2030. (2) Availability Funds appropriated under paragraph (1) shall remain available until expended. | https://www.govinfo.gov/content/pkg/BILLS-117s4595is/xml/BILLS-117s4595is.xml |
117-s-4596 | II 117th CONGRESS 2d Session S. 4596 IN THE SENATE OF THE UNITED STATES July 21, 2022 Mr. Lankford (for himself, Mrs. Capito , Mr. Inhofe , Mr. Cornyn , Mr. Barrasso , Mr. Blunt , Mr. Cotton , Mr. Hoeven , Mr. Risch , Mr. Cramer , Mr. Daines , Mr. Marshall , and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To prohibit the Secretary of Energy, the Administrator of the Environmental Protection Agency, the Secretary of the Interior, the Secretary of Transportation, the Chair of the Council on Environmental Quality, and the Federal Energy Regulatory Commission from considering, in taking any action, the social cost of carbon, the social cost of methane, the social cost of nitrous oxide, or the social cost of any other greenhouse gas, unless compliant with Office of Management and Budget guidance, and for other purposes.
1. Short title This Act may be cited as the Transparency and Honesty in Energy Regulations Act of 2022 . 2. Findings Congress finds that— (1) as a tool to justify Federal actions by the Secretary of Energy, the Administrator, the Secretary of the Interior, the Secretary of Transportation, the Chair of the Council on Environmental Quality, and the Chair of the Federal Energy Regulatory Commission to address greenhouse gas emissions, including the regulation or prohibition of the exploration, mining, production, and use of coal and other fossil fuels as energy sources, the social cost of greenhouse gases, specifically the social cost of carbon, the social cost of methane, and the social cost of nitrous oxide, represents the hypothetical cost of 1 incremental ton of carbon dioxide, methane, or nitrous oxide emissions in a given year; (2) the document of the Office of Management and Budget entitled Circular A–4 and dated September 17, 2003— (A) guides Federal agencies on the development of regulatory impact analysis required under Executive Order 12866 ( 5 U.S.C. 601 note; relating to regulatory planning and review) and other authorities; and (B) instructs Federal agencies to include discount rates of 3 and 7 percent and evaluate the costs and benefits of the regulatory action that accrue to citizens and residents of the United States; (3) first developed in 2009 by an interagency working group that included the Department of Energy, the Environmental Protection Agency, the Department of Transportation, and the Council on Environmental Quality, the estimates for the social cost of carbon and the subsequently developed social cost of methane and social cost of nitrous oxide fail to comply with the 3- and 7-percent discount rates prescribed by the document of the Office of Management and Budget entitled Circular A–4 and dated September 17, 2003; (4) while the document of the Office of Management and Budget entitled Circular A–4 and dated September 17, 2003, specifies that, in carrying out an evaluation of the global effects of a rule, regulation, or action, the evaluation shall be reported separately from domestic costs and benefits of that rule, regulation, or action, the social cost of carbon, the social cost of methane, and the social cost of nitrous oxide instead calculates the global benefits in lieu of, not in addition to, the domestic costs of a rule, regulation, or action; (5) the use of the estimates of the social cost of greenhouse gases, including the estimates for the social cost of carbon, the social cost of methane, and the social cost of nitrous oxide, in the rulemakings and other actions of the Department of Energy, the Environmental Protection Agency, the Department of the Interior, the Department of Transportation, and the Council on Environmental Quality was without— (A) an adequate opportunity for public notice and comment; and (B) rigorous scientific peer review; (6) by Executive order, the interagency working group described in paragraph (3) was disbanded in March 2017, and the related estimates were withdrawn; (7) the Environmental Protection Agency developed new estimates in line with the document described in paragraph (4) in EPA–452/R–18–006, dated August 2018, and entitled Regulatory Impact Analysis for the Proposed Emissions Guidelines for Greenhouse Gas Emissions from Existing Electric Utility Generating Units; Revisions to Emission Guideline Implementing Regulations; Revisions to New Source Review Program ; (8) Executive Order 13990 (86 Fed. Reg. 7037; relating to protecting public health and the environment and restoring science to tackle the climate crisis), issued on January 20, 2021— (A) reconvened the interagency working group described in paragraph (3); (B) directed the head of each Federal agency to include an interim figure for the social cost of carbon, the social cost of methane, and the social cost of nitrous oxide in any consideration of the effect of greenhouse gas emissions in any regulations and other relevant agency actions; and (C) directed the reconvened interagency working group to review and update the methodology and estimates for the social cost of carbon, the social cost of methane, and the social cost of nitrous oxide; (9) despite nearly a decade of investigation, the interagency working group described in paragraph (3) has lacked transparency and failed to sufficiently provide Congress and the public with information regarding how often the interagency working group met, the discussions of the interagency working group, and how the interagency working group arrived at its estimates; (10) (A) the use of the interim social cost of greenhouse gas figures was challenged in court and a preliminary injunction was granted by the United States District Court for the Western District of Louisiana on February 11, 2022; and (B) the Fifth Circuit Court of Appeals stayed the preliminary injunction on March 16, 2022; (11) the Environmental Protection Agency relied on the interagency working group interim estimate of the social cost of methane, without appropriate peer review or opportunity for public notice and comment, in attempting to justify the costs and benefits of the proposed rule entitled Standards of Performance for New, Reconstructed, and Modified Sources and Emissions Guidelines for Existing Sources: Oil and Natural Gas Sector Climate Review (86 Fed. Reg. 63110 (November 15, 2021)); (12) prior to the 2017 disbandment of the interagency working group described in paragraph (3), the Department of the Interior used the social cost of methane estimate to justify the costs and benefits of the final rule entitled Waste Prevention, Production Subject to Royalties, and Resource Conservation (81 Fed. Reg. 83008 (November 18, 2016)); (13) court filings note that various agencies have 38 pending regulatory actions that rely on the interim social cost of greenhouse gases figures; and (14) continued use of the social cost of greenhouse gases, including the social cost of carbon, the social cost of methane, and the social cost of nitrous oxide by the Department of Energy, the Environmental Protection Agency, the Department of the Interior, the Department of Transportation, the Council on Environmental Quality, and the Federal Energy Regulatory Commission ignores sound science. 3. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Social cost of carbon The term social cost of carbon means— (A) the estimate of the social cost of carbon described in— (i) the document entitled Technical Support Document: Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866 , published by the Interagency Working Group on Social Cost of Carbon, United States Government, in February 2010; (ii) the document entitled Technical Support Document: Social Cost of Carbon, Methane, and Nitrous Oxide Interim Estimates under Executive Order 13990 , published by the Interagency Working Group on Social Cost of Greenhouse Gases, United States Government, in February 2021; (iii) the document entitled Technical Support Document: Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866 , published by the Interagency Working Group on Social Cost of Carbon, United States Government, in May 2013 and revised in November 2013 and July 2015, and published and revised by the Interagency Working Group on the Social Cost of Greenhouse Gases, United States Government, in August 2016; or (iv) any successor or substantially related document; and (B) any other estimate of the monetized damages associated with an incremental increase in carbon dioxide emissions in a given year. (3) Social cost of greenhouse gas The term social cost of greenhouse gas means— (A) the estimate of the social cost of any greenhouse gas that is described in any successor document to— (i) the document entitled Technical Support Document: Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866 , published by the Interagency Working Group on Social Cost of Carbon, United States Government, in February 2010; (ii) the document entitled Technical Support Document: Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866 , published by the Interagency Working Group on Social Cost of Carbon, United States Government, in May 2013 and revised in November 2013 and July 2015, and published and revised by the Interagency Working Group on the Social Cost of Greenhouse Gases, United States Government, in August 2016; (iii) the document entitled Addendum to Technical Support Document on Social Cost of Carbon for Regulatory Impact Analysis under Executive Order 12866: Application of the Methodology to Estimate the Social Cost of Methane and the Social Cost of Nitrous Oxide , published by the Interagency Working Group on Social Cost of Greenhouse Gases, United States Government, in August 2016; (iv) the document entitled Technical Support Document: Social Cost of Carbon, Methane, and Nitrous Oxide Interim Estimates under Executive Order 13990 , published by the Interagency Working Group on Social Cost of Greenhouse Gases, United States Government, in February 2021; or (v) any successor or substantially related document; and (B) any other estimate of the monetized damages associated with an incremental increase in greenhouse gas emissions in a given year. (4) Social cost of methane The term social cost of methane means— (A) the estimate of the social cost of methane described in— (i) the proposed rule entitled Oil and Natural Gas Sector: Emission Standards for New and Modified Sources (80 Fed. Reg. 56593 (September 18, 2015)); (ii) the final rule entitled Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources (81 Fed. Reg. 35824 (June 3, 2016)); (iii) the regulatory impact analysis entitled Regulatory Impact Analysis of the Final Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources , prepared by the Environmental Protection Agency, Office of Air and Radiation, in May 2016 and identified by docket ID number EPA–HQ–OAR–2010–0505–7630; (iv) the document entitled Addendum to Technical Support Document on Social Cost of Carbon for Regulatory Impact Analysis under Executive Order 12866: Application of the Methodology to Estimate the Social Cost of Methane and the Social Cost of Nitrous Oxide , published by the Interagency Working Group on Social Cost of Greenhouse Gases, United States Government, in August 2016; (v) the document entitled Technical Support Document: Social Cost of Carbon, Methane, and Nitrous Oxide Interim Estimates under Executive Order 13990 , published by the Interagency Working Group on Social Cost of Greenhouse Gases, United States Government, in February 2021; or (vi) any successor or substantially related document; and (B) any other estimate of the monetized damages associated with an incremental increase in methane emissions in a given year. (5) Social cost of nitrous oxide The term social cost of nitrous oxide means— (A) the estimate of the social cost of nitrous oxide described in— (i) the document entitled Addendum to Technical Support Document on Social Cost of Carbon for Regulatory Impact Analysis under Executive Order 12866: Application of the Methodology to Estimate the Social Cost of Methane and the Social Cost of Nitrous Oxide , published by the Interagency Working Group on Social Cost of Greenhouse Gases, United States Government, in August 2016; (ii) the document entitled Technical Support Document: Social Cost of Carbon, Methane, and Nitrous Oxide Interim Estimates under Executive Order 13990 , published by the Interagency Working Group on Social Cost of Greenhouse Gases, United States Government, in February 2021; or (iii) any other successor or substantially related document; and (B) any other estimate of the monetized damages associated with an incremental increase in nitrous oxide emissions in a given year. 4. Prohibition on considering the social cost of greenhouse gas, including the social cost of carbon, the social cost of methane, and the social cost of nitrous oxide The Secretary of Energy, under any authority, the Administrator, under any authority, the Secretary of the Interior, under any authority, the Secretary of Transportation, under any authority, the Chair of the Council on Environmental Quality, under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), the Chair of the Federal Energy Regulatory Commission, under any authority, the Secretary of the Treasury, under any authority, the Secretary of Agriculture, under any authority, the Secretary of Commerce, under any authority, and the Secretary of Health and Human Services, under any authority, may not consider the social cost of carbon, social cost of methane, social cost of nitrous oxide, or social cost of greenhouse gas— (1) as part of any cost-benefit analysis required under— (A) any law; (B) Executive Order 12866 ( 5 U.S.C. 601 note; relating to regulatory planning and review); or (C) Executive Order 13563 ( 5 U.S.C. 601 note; relating to improving regulation and regulatory review); (2) in any rulemaking; (3) in the issuance of any guidance; (4) in taking any other agency action; or (5) as a justification for any rulemaking, guidance document, or agency action. 5. Report of the Administrator Not later than 120 days after the date of enactment of this Act, the Administrator, in coordination and consultation with the Secretary of Energy, the Secretary of the Interior, the Secretary of Transportation, the Chair of the Council on Environmental Quality, and the Chair of the Federal Energy Regulatory Commission shall submit to the Committees on Environment and Public Works and Energy and Natural Resources of the Senate and the Committees on Energy and Commerce and Natural Resources of the House of Representatives a report describing the number of proposed and final rulemakings, guidance documents, and agency actions that, since January 2009, have used the social cost of carbon, the social cost of greenhouse gases, the social cost of methane, or the social cost of nitrous oxide, including the use of the social cost of carbon, the social cost of greenhouse gases, the social cost of methane, or the social cost of nitrous oxide as part of any cost-benefit analysis required under Executive Order 12866 ( 5 U.S.C. 601 note; relating to regulatory planning and review) or other relevant authority. | https://www.govinfo.gov/content/pkg/BILLS-117s4596is/xml/BILLS-117s4596is.xml |
117-s-4597 | II 117th CONGRESS 2d Session S. 4597 IN THE SENATE OF THE UNITED STATES July 21, 2022 Mr. Casey (for himself, Ms. Duckworth , Ms. Klobuchar , Mr. Booker , Mr. Padilla , Mr. Blumenthal , Mr. Whitehouse , Mr. Wyden , and Ms. Hirono ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To allow individuals with disabilities to campaign for elected office without losing access to federally supported benefits.
1. Short title This Act may be cited as the Removing Access Barriers to Running for Elected Office for People with Disabilities Act . 2. Disregarding campaign work performed by individuals with disabilities for purposes of Federally supported benefits (a) In general Any campaign work performed by a qualified individual, and any compensation received by such individual for such work, shall be disregarded for the purpose of determining such individual's eligibility for, and amount of, benefits or assistance under any Federal program or under any State or local program financed in whole or in part with Federal funds. (b) Definitions In this section: (1) Campaign work The term campaign work means work performed by an individual as a candidate for an elected Federal, State, or local office. (2) Qualified individual The term qualified individual means an individual who is entitled to a benefit under title II or XVI of the Social Security Act ( 42 U.S.C. 401 et seq. , 1381 et seq.) by reason of a disability. | https://www.govinfo.gov/content/pkg/BILLS-117s4597is/xml/BILLS-117s4597is.xml |
117-s-4598 | II 117th CONGRESS 2d Session S. 4598 IN THE SENATE OF THE UNITED STATES July 21, 2022 Mr. Braun (for himself and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require the Executive Office of the President to provide an inflation estimate with respect to executive orders with a significant effect on the annual gross budget, and for other purposes.
1. Short title This Act may be cited as the Reduce Exacerbated Inflation Negatively Impacting the Nation Act . 2. Executive order mandated inflation accountability and reform (a) Mandatory inflation forecasting For any major executive order, the President, acting through the Director of the Office of Management and Budget and the Chair of the Council of Economic Advisers, shall prepare and consider a statement estimating the inflationary effects of the executive order, including whether the executive order is determined— (1) to have no significant impact on inflation; (2) to have quantifiable inflationary impact on the consumer price index; or (3) likely to have a significant impact on inflation but the amount cannot be determined at the time the estimate is prepared. (b) Agency assistance The head of each agency shall provide to the President, acting through the Director and the Chair, such information and assistance as the President may reasonably request to assist the President in carrying out this section. (c) Reporting Not later than 180 days after the date of enactment of this Act, and every year thereafter, the President, acting through the Director and the Chair, shall submit to the Committee on the Budget of the Senate and the Committee on the Budget of the House of Representatives a report containing each statement prepared and considered under subsection (a) during the year before the year during which the report is submitted. (d) Definitions In this section: (1) Agency The term agency has the meaning given such term in section 551 of title 5, United States Code. (2) Major executive order The term major executive order — (A) means an executive order that would be projected (in a conventional cost estimate) to cause an annual gross budgetary effect of at least $1,000,000,000; and (B) does not include an executive order that— (i) provides for emergency assistance or relief at the request of any State or local government or any official of a State or local government; or (ii) is necessary for the national security or the ratification or implementation of international treaty obligations. (3) State The term State means each State of the United States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian Tribe. | https://www.govinfo.gov/content/pkg/BILLS-117s4598is/xml/BILLS-117s4598is.xml |
117-s-4599 | II 117th CONGRESS 2d Session S. 4599 IN THE SENATE OF THE UNITED STATES July 21, 2022 Mr. Peters (for himself and Mr. Lankford ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To streamline the sharing of information among Federal disaster assistance agencies, to expedite the delivery of life-saving assistance to disaster survivors, to speed the recovery of communities from disasters, to protect the security and privacy of information provided by disaster survivors, and for other purposes.
1. Short title This Act may be cited as the Disaster Assistance Simplification Act . 2. Findings and purpose (a) Findings Congress finds the following: (1) The disaster response framework of the United States relies on a unified, integrated, agile, and adaptable whole-of-community effort by Federal, State, and local disaster assistance agencies, and by voluntary organizations, to respond to any natural and man-made disasters that may strike communities. (2) Federal disaster assistance agencies must be ready to support States, communities, and volunteer agencies immediately after unpredictable catastrophic disasters that occur without notice. (3) The immediate sharing of information is essential to an efficient and effective delivery of disaster assistance— (A) when lives and property are at risk; and (B) as communities seek to recover from disasters as quickly as possible. (4) Section 552a of title 5, United States Code (commonly known as the “Privacy Act of 1974”) and subchapter I of chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ) require multiple layers of review, notice, and publication in the Federal Register before Federal disaster assistance agencies can amend or adapt their information sharing practices. (5) Such extended review processes can have the effect of inhibiting efficiency, innovation, and interoperability among Federal, State, Tribal, territorial, local, private, and volunteer partners in delivering disaster assistance within a whole-of-community disaster assistance effort. (6) Legal, regulatory, and policy limitations on the interagency sharing of information submitted by applicants for disaster assistance may require those applicants to submit separate applications to multiple Federal disaster assistance agencies, which increases the burden on those applicants, reduces the efficiency of disaster assistance programs, and places additional costs on taxpayers. (b) Purpose The purposes of this Act are to— (1) streamline the sharing of information among Federal disaster assistance agencies; (2) modernize the legal safeguards against the unauthorized disclosure or misuse of information about applicants for disaster assistance; and (3) modernize, streamline, and consolidate the overlapping requirements of section 552a of title 5, United States Code, subchapter I of chapter 35 of title 44, United States Code, and the agency policies that implement those authorities to improve the speed, convenience, efficiency, and effectiveness of disaster relief programs. 3. Establishment of DisasterAssistance.gov electronic information system The Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) is amended by adding at the end the following: 707. Establishment of DisasterAssistance.gov electronic information system (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Federal Emergency Management Agency. (2) Applicant The term applicant means— (A) an individual or organization who applies for disaster assistance from a disaster assistance program; and (B) an individual or organization on behalf of which an individual described in subparagraph (A) applies for disaster assistance from a disaster assistance program. (3) DisasterAssistance.gov The term DisasterAssistance.gov means the electronic information system established under subsection (b)(1). (4) Disaster assistance agency The term disaster assistance agency means— (A) the Federal Emergency Management Agency; (B) the Department of Housing and Urban Development; (C) the Small Business Administration; (D) the Department of Agriculture; and (E) any Federal agency that provides disaster assistance to individuals that the Administrator certifies as a disaster assistance agency in accordance with subsection (f) to carry out the purposes of a disaster assistance program. (5) Disaster assistance information The term disaster assistance information includes any personal, biographical, demographic, geographical, financial, or application decision information that a disaster assistance agency is authorized to collect, maintain, share, or use to— (A) process an application for disaster assistance from a disaster assistance program; or (B) otherwise carry out the purpose of a disaster assistance program. (6) Disaster assistance program The term disaster assistance program means— (A) a program that provides disaster assistance to individuals and households under title IV or V in accordance with sections 408 and 502; or (B) any other assistance program authorized by a Federal statute under which a disaster assistance agency awards or distributes disaster assistance to an individual, household, or organization that arises from a major disaster or emergency declared under section 401 or 501, respectively, including— (i) disaster assistance; (ii) long-term disaster recovery assistance; (iii) the post-disaster restoration of infrastructure and housing; (iv) post-disaster economic revitalization; (v) pre-disaster mitigation under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ); (vi) a loan authorized under section 7(b) of the Small Business Act ( 15 U.S.C. 636(b) ); and (vii) food benefit allotments under section 412 of this Act and Section 5(h) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(h) ). (7) Record The term record has the meaning given the term in section 552a of title 5, United States Code. (b) Establishment of consolidated application system (1) In general Not later than 180 days after the date of enactment of the Disaster Assistance Simplification Act , the Administrator shall establish a web-based, interagency electronic information system to be known as DisasterAssistance.gov to— (A) facilitate a consolidated application for any form of disaster assistance provided by a disaster assistance agency; (B) carry out the purposes of disaster assistance programs swiftly, efficiently, equitably, and in accordance with applicable laws and the privacy and data protections provided under this section; and (C) detect, prevent, and investigate waste, fraud, abuse, or discrimination in the administration of disaster assistance programs. (2) Capabilities of the consolidated application system DisasterAssistance.gov shall— (A) allow for applicants to receive status updates on applications for disaster assistance programs through DisasterAssistance.gov; (B) allow for applicants to update disaster assistance information throughout the recovery journeys of those applicants; (C) allow for the distribution of additional recovery resource information to disaster survivors that may be available in a disaster stricken jurisdiction; (D) provide disaster survivors with information and documentation on the applications of those disaster survivors for a disaster assistance program; and (E) contain other capabilities determined necessary by the heads of disaster assistance agencies. (c) Authorities of Administrator The Administrator may— (1) collect, maintain, share, and use disaster assistance information using DisasterAssistance.gov or received from any disaster assistance agency with any other disaster assistance agency; and (2) subject to subsection (d), authorize the collection, sharing, and use of disaster assistance information collected on or after the date of enactment of the Disaster Assistance Simplification Act by publishing a notice on DisasterAssistance.gov that— (A) includes a detailed description of— (i) the specific disaster assistance information authorized to be collected, maintained, and shared; (ii) why the collection, maintenance, or sharing of the disaster assistance information is— (I) necessary to carry out the purpose of a disaster assistance program; and (II) consistent with fair information practice principles; and (iii) the disaster assistance agencies that will be granted access to the disaster assistance information to carry out the purpose of any disaster assistance program; and (B) the submission of an application through DisasterAssistance.gov constitutes prior written consent to disclose disaster assistance information to disaster assistance agencies for the purpose of section 552a(b) of title 5, United States Code. (d) Collection and sharing of records and information (1) Effect of publication of notice on DisasterAssistance.gov The publication of a notice by the Administrator on DisasterAssistance.gov of a revision to the DisasterAssistance.gov system of records on DisasterAssistance.gov prior to any new collection, or uses, of records, to carry out the purposes of a disaster assistance program with respect to a major disaster or emergency declared by the President under section 401 or 501, respectively, of this Act shall be deemed to satisfy the notice and publication requirements of section 552a(e)(4) of title 5, United States Code, for a period of not more than 90 days following such declaration, unless such revision has been published in the Federal Register earlier than 90 days after the date of such declaration. (2) Paperwork Reduction Act waiver (A) In general Upon the declaration of a major disaster or emergency pursuant to section 401 or 501, respectively, of this Act, the President, without delegation, may direct the Secretary of Homeland Security to waive the requirements of subchapter I of chapter 35 of title 44, United States (commonly known as the Paperwork Reduction Act ) with respect to voluntary collection of information to carry out the purposes of a disaster assistance program. (B) Duration A waiver described in subparagraph (A) shall be in effect for the duration of the major disaster or emergency, as applicable. (C) Transparency If the Secretary of Homeland Security waives the requirements described in subparagraph (A), the Secretary shall— (i) promptly post on the internet website of the Department of Homeland Security— (I) a brief justification for the waiver; and (II) the agencies and offices to which the waiver shall apply; and (ii) update the information posted under clause (i), as applicable. (D) Effectiveness of waiver Any waiver under subparagraph (A) shall take effect on the date on which the Secretary of Homeland Security posts information on the internet website as provided for under subparagraph (C). (e) Data security The Administrator shall facilitate the collection of disaster assistance information into DisasterAssistance.gov only after— (1) the Administrator certifies that DisasterAssistance.gov substantially complies with the data security standards and best practices of the National Institute of Standards and Technology; (2) the Secretary of Homeland Security publishes a privacy impact assessment for DisasterAssistance.gov that is similar to the privacy assessment conducted under section 222(a)(4) of the Homeland Security Act of 2002 ( 6 U.S.C. 142(a)(4) ); and (3) the Administrator publishes standard rules of behavior for disaster assistance agencies and personnel granted access to disaster assistance information to protect such information from improper disclosure. (f) Certification of disaster assistance agencies (1) In general The Administrator may certify a Federal agency as a disaster assistance agency after posting an agreement between the Administrator and the Federal agency on DisasterAssistance.gov that contains the detailed terms of the agreement. (2) Contents of agreement An agreement between the Administrator and a Federal agency described in paragraph (1) shall state that the Federal agency will— (A) collect, share, maintain, and use disaster assistance information— (i) in accordance with this section; and (ii) in substantial compliance with the data security standards and best practices of the National Institute of Standards and Technology; (B) train any personnel granted access to disaster assistance information on the rules of behavior established by the Administrator under subsection (e)(3); (C) in the event of any unauthorized disclosure of disaster assistance information— (i) not later than 24 hours after discovering the unauthorized disclosure, notify the Administrator of the disclosure; (ii) cooperate fully with the Administrator in the investigation and remediation of the disclosure; and (iii) cooperate fully in the prosecution of a person responsible for the disclosure; and (D) assume the responsibility for any compensation, civil liability, or other remediation measure awarded by a judgment of a court or agreed as a compromise of any potential claim by or on behalf of an applicant, including by obtaining credit monitoring and remediation services, for an improper disclosure of disaster assistance information that is— (i) caused, directly or indirectly, by the acts or omissions of an officer, employee, or contractor of the disaster assistance agency; or (ii) from any electronic system of records that created or maintained by the disaster assistance agency pursuant to section 552a(e) of title 5, United States Code. (g) Rules of construction (1) Inapplicability of matching program provisions The sharing of disaster assistance information subject to the requirements of section 552a of title 5, United States Code among disaster assistance agencies or with State, local, or Tribal governments carrying out disaster assistance programs shall not— (A) be construed as a matching program for the purpose of section 552a(a)(8) of title 5, United States Code; and (B) be subject to subsection (e)(12), (o), (p)(1)(A)(ii), (q), (r), or (u) of section 552a of title 5, United States Code. (2) Authorities in other laws Nothing in this section shall be construed to affect the authority of an entity to share information in accordance with any other law. . | https://www.govinfo.gov/content/pkg/BILLS-117s4599is/xml/BILLS-117s4599is.xml |
117-s-4600 | II 117th CONGRESS 2d Session S. 4600 IN THE SENATE OF THE UNITED STATES July 21, 2022 Mr. Cruz (for himself and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To require the reimposition of sanctions with respect to the FARC.
1. Reimposition of sanctions with respect to the FARC (a) In general Not later than 30 days after the date of the enactment of this Act, the President shall— (1) designate the FARC as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ); and (2) impose, with respect to FARC and any foreign person the President determines is an official, agent, or affiliate of FARC, the sanctions applicable with respect to a foreign person pursuant to Executive Order 13224 ( 50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism). (b) Determination required (1) In general Not later than 30 days after the President makes the designation required by paragraph (1) of subsection (a) and imposes the sanctions required by paragraph (2) of that subsection, the President shall— (A) submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a determination regarding whether the foreign persons specified in paragraph (2) are officials, agents, or affiliates of the FARC; and (B) impose the sanctions described in subsection (a)(2) with respect to each such person the President determines is an official, agent, or affiliate of the FARC. (2) Foreign persons specified The foreign persons specified in this paragraph are the following: (A) Jose Benito Cabrera (also known as Jose Benito Cabrera Cuevas, El Mono Fabian, and Fabian Ramirez), born either July 6, 1963, or July 5, 1965, in El Paujil, Caqueta, Colombia. (B) Erasmo Traslavina Benavides (also known as Ismardo Murcia Lozada, Isnardo Murcia Lozada, and Jimmy Guerrero), born June 19, 1958, in Guacamayo, Santander, Colombia. (C) Emiro del Carmen Ropero Suarez (also known as Ruben Zamora), born September 2, 1962, in Municipio de Nueva Granada, Norte de Santander, Colombia. (D) Guillermo Enrique Torres Cueter (also known as Julian Conrado), born August 17, 1954, in Turbaco, Bolivar, Colombia. (E) Rodrigo Granda Escobar (also known as Arturo Campos, Gallopinto, and Ricardo Gonzalez), born April 9, 1949, in Frontino, Antioquia, Colombia. (F) Piedad Esneda Córdoba Ruiz, born January 25, 1955, in Colombia. (G) Sandra Ramirez Lobo Silva (also known as Sandra Ramirez and Griselda Lobo), born in 1965 in Colombia. (c) Limitation on revocation The President may not revoke the designation under subsection (a)(1), or sanctions imposed with respect to a foreign person under subsection (a)(2) or (b), until the date that is 10 years after the date of the designation or the imposition of such sanctions, as the case may be. (d) FARC defined In this section, the term FARC means the group known as the FARC, the Revolutionary Armed Forces of Colombia, Fuerzas Armadas Revolucionarias de Colombia, or any other alias. | https://www.govinfo.gov/content/pkg/BILLS-117s4600is/xml/BILLS-117s4600is.xml |
117-s-4601 | II 117th CONGRESS 2d Session S. 4601 IN THE SENATE OF THE UNITED STATES July 25, 2022 Mr. Tester introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To improve the management and performance of the capital asset programs of the Department of Veterans Affairs so as to better serve veterans, their families, caregivers, and survivors, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Build, Utilize, Invest, Learn, and Deliver for Veterans Act of 2022 or the BUILD for Veterans Act of 2022 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Capital asset management Sec. 101. Establishment of offices of capital asset personnel at medical centers of Department of Veterans Affairs. Sec. 102. Development of performance metrics of capital asset management by Department of Veterans Affairs and monitoring for improvement. Sec. 103. Expansion of membership of the Capital Asset Planning Committee. TITLE II—Reports Sec. 201. Review of climate resilience of facilities, land, and other relevant capital assets of the Department of Veterans Affairs. Sec. 202. Reports on capital asset planning, management, budgeting, staffing, and performance of Department of Veterans Affairs. Sec. 203. Annual report on completion of disposal and reuse requirements of Department of Veterans Affairs. Sec. 204. Report on improvements to medical staffing for new medical facilities of the Department of Veterans Affairs. Sec. 205. Report on improvements to alignment of information technology funding and activation of medical and other space of the Department of Veterans Affairs. Sec. 206. Bimonthly report on key capital asset investments, activities, and performance of the Department of Veterans Affairs. Sec. 207. Reports on projected need for funding for infrastructure and capital assets of Department of Veterans Affairs. Sec. 208. Inspector General of the Department of Veterans Affairs reports on Department infrastructure projects. Sec. 209. Comptroller General report on capital asset program management and execution by Department of Veterans Affairs. Sec. 210. Reports on dental and long-term care physical infrastructure needs of Department of Veterans Affairs. Sec. 211. Report on feasibility and advisability of using a dedicated budget account for maintenance of capital assets of Department of Veterans Affairs. Sec. 212. Report on women veterans retrofit initiative. Sec. 213. Report on physical infrastructure needs of the research and development facilities of Department of Veterans Affairs. Sec. 214. Review and report on provisions of law relating to Department of Veterans Affairs construction and facilities management. 2. Definitions In this Act: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Appropriations and the Committee on Veterans’ Affairs of the Senate; and (B) the Committee on Appropriations and the Committee on Veterans’ Affairs of the House of Representatives. (2) Capital asset The term capital asset means the physical infrastructure, land, buildings, and other related items under the operation and control of the Department of Veterans Affairs, including the information technology and other support systems needed to ensure the physical space can be used to deliver intended services and functions of the Department. I Capital asset management 101. Establishment of offices of capital asset personnel at medical centers of Department of Veterans Affairs (a) Offices of capital asset personnel (1) In general By not later than 18 months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall ensure that each medical center of the Department of Veterans Affairs has a dedicated office and sufficient staff to conduct— (A) facility planning; (B) long-range capital planning; (C) management of projects and capital assets relating to the execution of major construction projects, minor construction projects, major leases, minor leases, non-recurring maintenance, and related matters at the medical center and facilities of the Department in the catchment area surrounding the medical center; (D) engineering, including matters relating to seismic repairs and projects; (E) maintenance and repair of existing infrastructure; (F) the collection of views of veterans and employees of the Department to understand the capital assets needs of the Department; and (G) other relevant functions relating to capital assets of the Department as determined by the Secretary. (2) Tasks To the greatest extent possible, the Secretary shall ensure that each of the requirements under paragraph (1) are held by a different individual or group of individuals so as not to overburden a small number of individuals with such requirements. (3) Lead official The Secretary shall designate one individual as the lead senior official responsible for integration and coordination of, and accountability for, the functions described in subparagraph (A) through (F) of paragraph (1). (4) Staffing model (A) In general The Secretary shall maintain a staffing model for the offices under paragraph (1) that ensures a minimum base level of capital asset staffing. (B) Update The Secretary shall update the staffing model under subparagraph (A) regularly to ensure it is effective in achieving the goals of this section. (5) Treatment of States and territories without a medical center In the case of a State or territory of the United States in which the Department does not operate a full-service medical center, the office required under paragraph (1) shall be located at the largest medical facility of the Department in that State or territory, and any reference in this section to a medical center shall be deemed to be a reference to that medical facility. (b) Qualifications The Secretary shall establish appropriate professional certifications, educational background, and other qualifications to be required of individuals employed at a position in an office described in subsection (a) to manage the duties of such position under this section. (c) Duties (1) In general The duties of an office described in subsection (a) for a medical center of the Department shall include the following: (A) The development, monitoring, and implementation of capital asset objectives for the catchment area surrounding the medical center, including community-based outpatient clinics and other sites of care of the Department in that area. (B) The coordination of capital asset management and planning with counterparts at other medical centers of the Department in the region and facility planners for the Veterans Integrated Service Network or Networks in the region. (C) Effective delivery of capital asset projects. (D) Maintenance and repair of existing infrastructure. (E) Constantly monitoring the needs of veterans and employees of the Department as it relates to medical space and services at the medical center and facilities in the catchment area surrounding the medical center to forward plan and identify and submit plans, through processes of the Department, to meet those needs, including by formulating local and regional capital improvement and asset management plans for medical facilities of the Department through the regular collection of— (i) views and expectations of veterans in that area who are eligible users of health care and related services provided by the Department with respect to— (I) preferences and needs of those veterans for the care received from medical facilities of the Department in that area; and (II) the need for improvements and enhancements to infrastructure of the Department; and (ii) views of relevant medical staff of the Department at the medical center and facilities in that catchment area regarding their preferences and needs for how to deliver health care to veterans and how those preferences impact the infrastructure needs of the Department. (F) Having an understanding of the capital asset policies, procedures, and directives of the Department, including those issued by the central office of the Department, Veterans Integrated Service Networks, the Veterans Health Administration, the Office of Information and Technology, the Office of Management, the Office of Acquisition, Logistics, and Construction, the Office of General Counsel, or any successor offices, and any other office of the Department with significant responsibility over capital asset management and planning. (G) Implementing locally those policies, procedures, and directives. (H) Providing feedback regarding ways in which those policies, procedures and directives can be improved. (I) Having an understanding of the importance for collaboration and coordination among all relevant offices of the Department, including the Office of Acquisition, Logistics, and Construction, the Office of Asset Enterprise Management, the Office of Information and Technology, and other internal stakeholders as required to achieve success in all phases of capital asset management. (2) Collection of views and expectations (A) In general Views and expectations may be collected under paragraph (1)(E) through multiple channels and the process used for such collection shall ensure that the views and expectations collected provide a representative sample of the population from which such views and expectations are collected. (B) Confidentiality Any information collected under paragraph (1)(E) shall be collected in a manner that provides an option for submission of views that are anonymous and confidential. (C) Inclusion of diverse viewpoints In collecting views and expectations of veterans and medical staff under paragraph (1)(E), an office described in subsection (a) for a medical center of the Department shall ensure that the viewpoints of a diverse population of veterans being served by the medical center and medical staff of the medical center or in the catchment area of the medical center are captured. (d) Development of standard process To solicit views on effectiveness (1) In general The Secretary shall develop a standardized process to regularly solicit feedback from individuals and entities described in paragraph (2) regarding the effectiveness of and ways to improve— (A) the infrastructure and asset management investment processes and procedures of the central office of the Department and Veterans Integrated Service Networks of the Department; and (B) the guidance of the central office and Veterans Integrated Service Networks regarding such processes and procedures to the medical centers, facilities in the catchment area of those medical centers, and Veterans Integrated Service Networks, as appropriate. (2) Individuals and entities described The individuals and entities described in this paragraph are the following: (A) Each office described in subsection (a) for a medical center of the Department. (B) Medical staff of the Department at facilities in the catchment area of the medical center. (C) Veterans Integrated Service Networks. (D) Staff of offices within the central office of the Department, including the Office of Acquisition, Logistics, and Construction, the Office of Asset Enterprise Management, the Office of Information and Technology, and the Office of Healthcare Environment and Facilities Programs. (3) Confidentiality Any information collected under paragraph (1) shall be collected in a manner that provides an option for submission of views that are anonymous and confidential. (e) Use of report findings The Secretary shall use the results of the report required under section 202 in establishing the offices required under subsection (a) and carrying out any other requirements of this section. 102. Development of performance metrics of capital asset management by Department of Veterans Affairs and monitoring for improvement (a) In general Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall— (1) develop meaningful and measurable goals and metrics— (A) to assess the performance of the capital asset management programs of the Department of Veterans Affairs to allow the Secretary to make sound decisions regarding construction, leasing, acquisition, maintenance, and disposal of capital assets; and (B) that are in alignment with Department strategic plans, budgets, and mission to serve veterans, their families, and caregivers; (2) develop an internal dashboard or other tool to monitor progress towards meeting those goals; (3) establish and implement internal governance processes to direct necessary improvements to strengthen performance and achievement of those goals; and (4) submit to appropriate committees of Congress a report on the development of those goals and metrics in paragraph (1) and the implementation of the internal dashboard or other tool under paragraph (2) and the internal governance process under paragraph (3). (b) Internal dashboard The Secretary shall ensure that the internal dashboard developed under subsection (a)(2) includes meaningful and relevant goals with related metrics that— (1) would evaluate capital asset management performance of the Department and provide relevant information to guide necessary improvements; and (2) are developed consistent with recommendations set forth by the Comptroller General of the United States. (c) Consideration of part two of Strategic Plan to Improve VA's Delivery and Management of Capital Asset In developing the internal dashboard under subsection (a)(2), the Secretary shall consider the findings in part two of the Strategic Plan to Improve VA's Delivery and Management of Capital Asset required under section 202(a)(4). 103. Expansion of membership of the Capital Asset Planning Committee Not later than 180 days after the date of the enactment of this Act, in order to facilitate Federal health infrastructure planning, coordination, and investment, the Deputy Secretary of Veterans Affairs and the Under Secretary of Defense for Personnel and Readiness shall modify the membership of the Capital Asset Planning Committee established as a subordinate entity of the Department of Veterans Affairs-Department of Defense Joint Executive Committee established under section 320 of title 38, United States Code, to include the following: (1) Not fewer than one officer or employee of the Indian Health Service. (2) Not fewer than one officer or employee of the Department of Health and Human Services who is not an employee of the Indian Health Service. II Reports 201. Review of climate resilience of facilities, land, and other relevant capital assets of the Department of Veterans Affairs (a) In general The Secretary of Veterans Affairs shall conduct a comprehensive review of the climate resilience of facilities, land, and other relevant capital assets under the authority and jurisdiction of the Secretary. (b) Elements (1) In general The review conducted under subsection (a) shall— (A) provide a comprehensive assessment of existing facilities, land, and other relevant capital assets that may be at risk due to changes in the climate, including potential vulnerabilities related to— (i) proximity to a body of water; (ii) proximity to an area prone to flooding; (iii) proximity to an area prone to wild fire; (iv) proximity to an area prone to tornadoes, hurricanes, or other storms; and (v) such other matters as the Secretary considers appropriate after consulting with the United States Global Change Research Program on the best available observations and forward-looking climate projections by region, including sea level rise data; (B) include a description of strategies to improve the climate resilience of existing facilities, land, and other relevant capital assets at risk due to changes in the climate, including potential modifications to facility operations and maintenance practices, and the cost of such strategies; (C) include an analysis of the design standards and building codes used by the Department of Veterans Affairs to site, plan, build, lease, renovate, and purchase land, facilities, infrastructure, and other capital assets of the Department and whether those design standards and building codes reflect both observed and forward-looking climate information; (D) include an analysis of the effect of climate change on energy usage, energy sources, and utility systems of the Department and the Department’s mitigation strategies; (E) use, in consultation with the United States Global Change Research Program, forward-looking climate information and other projections to anticipate changing environmental conditions during the design life of existing or planned facilities, land, and other capital assets of the Department and make relevant decisions and planning strategies based on this information; (F) after consulting with the United States Global Change Research Program and other relevant Federal and non-Federal entities, include recommendations for best practices, standards, and solutions for future placement, planning, renovation, leasing, purchase, and construction of facilities and land of the Department so as to avoid or mitigate the challenges resulting from placing a facility in an area at risk of being vulnerable to harm from the impacts of changing environmental conditions; and (G) assess how the Department can incorporate climate resilience information into its processes and procedures for capital asset investment decisions. (2) Sources of information and projections Sources of information and projections used under paragraph (1)(E) may include the Bureau of the Census (for population projections), the National Academies of Sciences, Engineering, and Medicine (for land use change projections and climate projections), the United States Geological Survey (for land use change projections), the United States Global Change Research Program and the National Climate Assessment (for climate observations and projections), and such other sources as the Secretary considers reliable in consultation with the United States Global Change Research Program. (c) Report (1) In general Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report detailing the results of the review conducted under subsection (a) and the actions the Secretary will take in response to the findings of such review. (2) Elements The report required by paragraph (1) shall include the following: (A) Recommendations for legislative and administrative action to mitigate and respond to the findings contained in the review conducted under subsection (a). (B) A description of action to be taken by the Secretary to improve the climate resilience of existing facilities, land, infrastructure and other capital assets under the jurisdiction or control of the Department. (C) A description of changes in policy, directives, and procedures of the Department to mitigate, plan for, and improve resilience of future constructed, leased, or other facilities, land, and other relevant capital assets under the jurisdiction or control of the Department. (D) A description of how the Department will incorporate climate resilience information into its processes and procedures for capital asset investment decisions. (E) A description of changes the Department will make to ensure the facilities, land, and other relevant capital assets of the Department are available to furnish care and services under section 1785 of title 38, United States Code, during or following a disaster or emergency. (F) The estimated cost to implement the changes described in the report. (G) The estimate timeline to implement the changes described in the report. (H) Such other matters, recommendations, or requests as the Secretary considers appropriate. (3) Updates (A) In general Not later than five years after the date on which the Secretary submits the report under paragraph (1) and not less frequently than once every five years thereafter until the date that is 21 years after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress an update of the report submitted under paragraph (1). (B) Contents Each update submitted under subparagraph (A) shall describe the efforts of the Department since the submittal of the latest report or update, as the case may be, relating to matters covered by the report and such other matters as the Secretary considers appropriate. (d) Climate resilience defined In this section, the term climate resilience means— (1) anticipating, preparing for, and adapting to changing environmental conditions such as variations in average weather conditions that persist over multiple decades or longer that encompass increases and decreases in temperature, shifts in precipitation, and changing risk of certain types of severe weather events; and (2) the ability to withstand, respond to, and recover rapidly from disruptions while ensuring the sustainment of mission-critical operations. 202. Reports on capital asset planning, management, budgeting, staffing, and performance of Department of Veterans Affairs (a) Initial report (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report on the planning, management, budgeting, staffing, and performance by the Department of Veterans Affairs relating to capital assets. Such report shall be known as the Strategic Plan to Improve VA’s Delivery and Management of Capital Assets (in this subsection referred to as the Report ). (2) Structure The Report shall consist of not fewer than two parts as set forth in this subsection. (3) Part One (A) In general Part one of the Report shall focus on the human capital needs for the capital asset and related areas workforce of the Department (in this subsection referred to as Part One ). (B) Elements Part One shall include the following: (i) A description of the steps being taken by the Department, and the steps that the Department plans to take during the 10-year period following the date of the Report, including a specific timeline, to ensure sufficient capital asset personnel at the local, regional, and central office levels of the Department are available and prepared to— (I) execute the current level of capital asset work, including maintenance, delivery of new facilities, disposal, and reuse; (II) handle future capital asset work described in subclause (I) during such 10-year period; and (III) perform any other capital asset activities as identified by the Secretary. (ii) A plan that addresses the needed capital asset workforce of the Department by— (I) identifying and describing the staffing needs and status of such workforce, including— (aa) the number of currently authorized positions; (bb) the number of filled positions of those positions authorized; (cc) the number of unfilled positions of those positions authorized, including reasons why those positions are not filled and steps the Department is taking to fill those positions; (dd) the number of current positions needed above the level currently authorized; and (ee) future needs, including expected growth or reduction, during the 10-year period following the date of the Report; (II) providing the data under subclause (I) at the Departmental level, disaggregated by relevant divisions of the Department and by— (aa) data for the Veterans Health Administration, broken out by field, Veterans Integrated Service Network, and central office, including the Office of Healthcare Environment and Facilities Programs; (bb) data for the Office of Acquisition, Logistics, and Construction, broken out by field, region, and central office; (cc) data for the National Cemetery Administration, broken out by field, region, and central office; (dd) data for the Veterans Benefits Administration, broken out by field, region, and central office; (ee) data for the Office of Asset Enterprise Management; (ff) data for the Office of Information and Technology, broken out by field, region, and central office; and (gg) data for all other offices of the Department not covered under items (aa) through (ff) that have capital asset staff or significant capital asset responsibilities at the field, regional, or central office level; and (III) including an estimate of the funding required to accomplish filling the unfilled and future positions specified under subclause (I) during the 10-year period following the date of the Report. (iii) A description of the efforts taken and planned to be taken by the Department to recruit, retain, and develop the existing and future capital asset workforce of the Department. (iv) A description of any changes needed to the qualifications, standards, position descriptions and other related matters to ensure the qualification standards of the workforce— (I) match the needs of the Department; and (II) align where appropriate with relevant Federal Government and industry standards and best practices. (v) A description of how the Department will coordinate the human capital efforts of the Department across the Veterans Health Administration, the Office of Acquisition, Logistics, and Construction, the National Cemetery Administration, the Veterans Benefits Administration, the Office of Asset Enterprise Management, and other entities of the Department so as to leverage collective efforts, reduce unnecessary duplication, and identify opportunities for collaboration and efficiency. (vi) With respect to a Department-wide succession plan for leadership and mission-critical occupations in the capital asset workforce of the Department— (I) if such a plan is not already developed, a timeline for the development of such a plan; and (II) if such a plan is already developed, the current implementation status of such plan. (vii) An assessment of different regional challenges in rural, suburban, and urban areas to recruit and retain the necessary capital asset workforce of the Department and steps to be taken by the Department in response to such challenges. (viii) With respect to the report published by the National Academies of Sciences, Engineering, and Medicine on December 24, 2019, entitled Facilities Staffing Requirement for VHA-Resource Planning and Methodology for the Future — (I) a plan and timeline to implement all recommendations from the report; and (II) if the Secretary decides not to implement a recommendation of the report, a description of why such decision was made. (ix) A description of how the Department will leverage contract support and partnerships with other Federal agencies, nonprofits, and other stakeholders to meet the short-, medium-, and long-term human capital needs for infrastructure to ensure that the Department has the experience and workforce needed to match the current and future projected infrastructure workload of the Department. (x) A description of any improvements to training or curriculum of the Department that are needed to enhance the education of the capital asset employees of the Department to ensure they are as proficient as possible in their jobs. (xi) A description of such legislative or administrative action as the Secretary considers necessary. (xii) Such other matters as the Secretary considers necessary. (C) Staff covered by report Part One shall cover all relevant staff required for the entire lifecycle of facilities, land, and other relevant capital assets of the Department, including the following: (i) Individuals who keep facilities clean, such as janitorial and housekeeping staff and housekeeping aids. (ii) Individuals who maintain facilities, such as through repairs and preventative maintenance. (iii) Groundskeepers. (iv) Planners, engineers, and architects. (v) Project managers. (vi) Individuals with expertise in real estate, acquisition, leasing, and easements. (vii) Energy or utility experts, including experts with respect to energy efficiency and renewable energy. (viii) Individuals who work in— (I) capital asset management; (II) healthcare engineering; (III) environmental management; or (IV) occupational safety and health. (ix) Individuals who conduct contracting, including contracting officers, related to capital assets locally, regionally, or nationally for all various types of construction or infrastructure work, such as minor construction, major construction, non-recurring maintenance, minor leases, and major leases. (x) Individuals knowledgeable in relevant rules and procedures related to property disposal or transfer, environmental remediation, historic preservation, and other similar topics. (xi) Any other position that has a critical role in the planning, contracting, delivery, maintenance, upkeep, and disposal of capital assets. (xii) Any other positions the Secretary determines relevant. (4) Part Two (A) In general Part two of the Report shall cover the methods undertaken by the Department to accomplish changes to improve the planning, execution, and delivery of capital asset projects of the Department, such as maintenance, renovations, land acquisition, or new construction or leasing, including through better planning, project management, cost, and schedule performance (in this subsection referred to as Part Two ). (B) Elements Part Two shall include the following: (i) A timeline for accomplishing the changes described in subparagraph (A). (ii) A description of the steps the Department is taking or will take to shorten the time it takes from project concept to completion while controlling costs and budget, meeting schedule, and achieving established goals. (iii) A description of what new or modified contracting or other services, arrangements, strategies, contract vehicles or mechanisms, innovations, pilots, and partnerships the Department is planning to use during the five-year period following the date of the Report, including— (I) a timeline of how and when the Department will test and implement those approaches; and (II) a description of any limitations under current law (including regulations) that would prevent or are preventing the Department from using innovative contracting vehicles, services, arrangements, administrative action, or other agreements and strategies and what legislative changes are needed to facilitate use of those approaches, including a description of whether each limitation is a limitation for all Federal agencies or only for the Department. (iv) A description of the costs incurred or added to meet Federal or Department standards, including those for resiliency that are needed and greater or more stringent than private industry standards. (v) A description of the steps the Department has taken or plans to take to improve capital project delivery by standardizing facility design, modularizing facilities components, and taking other steps to accelerate project delivery while maintaining flexibility, agility, and quality, including a timeline for the completion of such steps. (vi) A description of steps the Department is taking to make all of its relevant capital assets energy efficient and climate resilient. (vii) The steps the Secretary will take to ensure the Office of Information and Technology and the Office of Acquisition, Logistics, and Construction of the Department, or similar successor offices, are integrated into all relevant aspects of the capital asset planning and implementation process of the Department, including at the earliest stage of every capital asset project in the field so as to improve communication, coordination, and project scope, cost, and schedule. (viii) A description of any other actions the Department is taking or will take to improve its delivery and management of capital assets. (ix) A description of such legislative or administrative action as the Secretary considers necessary to more effectively manage and deliver needed capital assets of the Department. (x) Such other matters as the Secretary considers necessary. (b) Subsequent reports Not later than three years after the date on which the initial report required by subsection (a) is submitted, and once every three years thereafter for a period of six years, the Secretary shall submit to the appropriate committees of Congress a report including— (1) a description of any changes with respect to the matters described in paragraphs (3) and (4) of subsection (a) since the previous report was submitted; (2) an explanation of plans under the previous report compared to actions taken since that report was submitted; and (3) a discussion of the results and performance of the Department since the previous report including in cost savings, faster facility delivery, or reduction in the number of unaddressed priority capital asset improvements. 203. Annual report on completion of disposal and reuse requirements of Department of Veterans Affairs (a) Initial report (1) In general The Secretary of Veterans Affairs shall include with the budget justification materials that are submitted to Congress in support of the Department of Veterans Affairs budget for the first fiscal year beginning after the date of the enactment of this Act (as submitted with the budget of the President for such fiscal year under section 1105(a) of title 31, United States Code) a report containing a specific timeline to accomplish the actions required of the Secretary included in the disposal and reuse reports included in the annual budget of the Department of Veterans Affairs submitted by the President under section 1105(a) of title 31, United States Code, or similar future reports. (2) Contents The report required by paragraph (1) shall include the following: (A) A description of a specific timeline and plan to sell, reuse, dispose of, demolish, or otherwise manage the property that the Secretary has identified in the reports described in such subsection. (B) A list of any impediments or challenges to carrying out any action described in subparagraph (A), including environmental remediation and preservation mitigation and any assistance need for executive or legislative action to address those impediments or challenges. (C) A discussion of whether disposal and reuse actions do not get completed or initiated because they most compete with urgent direct health care or other more time-sensitive infrastructure needs of the Department. (D) A detailed cost estimate of the funding, including funding type, needed to accomplish all of the actions described in paragraph (1), including the number of fiscal years for which such funding is needed. (E) A discussion of whether the Department would benefit from having a distinct and separate account within the budget of the Department dedicated to the management of the disposal of these assets. (F) Such other matters as the Secretary considers appropriate. (b) Subsequent reports (1) In general For the first fiscal year after the fiscal year referred to in subsection (a)(1) and each fiscal year thereafter, the Secretary shall include with the budget justification materials that are submitted to Congress in support of the Department budget for that first fiscal (as submitted with the budget of the President for such fiscal year under section 1105(a) of title 31, United States Code) a report on actions described in such subsection. (2) Contents Each report required by paragraph (1) shall include the following: (A) An update to the most recent report under subsection (a) or this subsection, as applicable, with respect to each of subparagraphs (A) through (F) of paragraph (2) of such subsection. (B) Information on how many disposal and reuse actions from the previous year's report were accomplished or not accomplished. (C) Information about what may have inhibited the accomplishment of those actions described in subparagraph (B) that were not accomplished. (D) A description of best practices or lessons learned with respect to actions described in subsection (a)(1). 204. Report on improvements to medical staffing for new medical facilities of the Department of Veterans Affairs (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report on planned actions to improve the alignment of staffing of new or expanded medical facilities of the Department of Veterans Affairs. (b) Elements The report required by subsection (a) shall— (1) describe the current process for how and when in the construction, leasing, and other relevant capital improvement process staff are hired to fill expanded or new medical space of the Department; and (2) assess whether such process requires improvement to ensure, to the greatest extent possible, that new medical space and staffing levels for that space are in complete alignment allowing for full medical staffing at the time of opening of that space, including such legislative or administrative action as the Secretary considers appropriate. 205. Report on improvements to alignment of information technology funding and activation of medical and other space of the Department of Veterans Affairs (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report on any potential improvements to the alignment of funding of the Department of Veterans Affairs for information technology so as to facilitate more effective and efficient activation of medical and other relevant space of the Department. (b) Elements The report required by subsection (a) shall include the following: (1) A description of any current limitations on funding mechanisms, including the timing and sequencing of information technology and health care resources that are needed to purchase, procure, and install information technology equipment and related information technology assets and services needed for the activation of medical and other relevant space of the Department, whether leased, owned, or otherwise under the jurisdiction of the Department. (2) Any proposed solutions the Secretary may have to address the limitations described in paragraph (1). (3) Any legislative or administrative action required to achieve the solutions described in paragraph (2). (4) Such other matters as the Secretary considers appropriate. 206. Bimonthly report on key capital asset investments, activities, and performance of the Department of Veterans Affairs (a) In general Not later than the first March 31 occurring after the date of the enactment of this Act and not less frequently than once every other month thereafter until the eleventh March 31 occurring after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report on completed and planned key capital asset investments of the Department of Veterans Affairs. (b) Elements (1) In general Each report submitted under subsection (a) shall include the following: (A) A list of the major construction, minor construction, non-recurring maintenance, major and minor lease projects (including lease renewals, extensions, standstill agreements, and interim leases) and construction or infrastructure management support contracts awarded since the last report submitted under subsection (a) (or in the case of the first report submitted under such subsection, in the last 90 days). (B) For each contract award listed pursuant to subparagraph (A), the following: (i) The contract amount. (ii) A description of the project for which the contract was awarded. (iii) The location of the project for which the project was awarded. (iv) An indication of whether the amount of the contract award, including relevant increment awards, was more than 10 percent greater than the estimated cost of the project, or project increment, or 180 days later than the planned schedule for the project or project increment, the reason for such overages and delays, and actions being taken to address the overages and delays. (C) A list of major construction, minor construction, non-recurring maintenance, major and minor lease projects (including lease renewals, extensions, standstill agreements, and interim leases) and construction or infrastructure management support contracts the Secretary plans to initiate or award. (D) For each contract award listed pursuant to subparagraph (C), the following: (i) The general month or quarter of expected award. (ii) Whether the planned action is off- or on-track as it relates to schedule and cost and if off-track, an explanation of why and a description of the corrective actions being taken. (E) Such observations of best practices, impediments, and accomplishments as the Secretary may find that relate to the capital asset management and performance of the Department, including such needs for legislative or administrative action as the Secretary considers appropriate with respect to such practices, impediments, and accomplishments. (F) Meaningful metrics that show the progress of the Department toward meeting relevant goals of the Department relating to capital asset management. (G) Steps the Department is taking in individual projects that are behind schedule or otherwise underperforming and steps the Department is taking to improve overall capital asset management. (H) Such other matters as the Secretary considers appropriate. (2) Metrics Beginning not later than two years after the date of the enactment of this Act, the metrics described in subsection (b)(1)(F) shall include the metrics developed under section 102(a). (c) Matters relating to reporting schedules In each report under subsection (a), when reporting on schedule for completion, the Secretary shall distinguish between the date an award was to occur, the date a construction action was to be completed (meaning the space is ready for use), and the date veteran patients or other users, including employees of the Department, are scheduled to begin using the new facility or capital asset. (d) Matters relating to reporting costs In each report under subsection (a), when reporting on costs for capital asset projects of the Department, the Secretary may include information regarding Federal requirements that may drive cost increases to projects that may not exist in the non-Federal construction sector. 207. Reports on projected need for funding for infrastructure and capital assets of Department of Veterans Affairs (a) Initial report Not later than May 31, 2023, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report summarizing the projected amount of funding for infrastructure and capital assets that the Department of Veterans Affairs will need for the 10 fiscal years that begin immediately following such date. (b) Subsequent reports The Secretary shall include in the annual budget of the Department submitted by the President under section 1105(a) of title 31, United States Code, for fiscal year 2025 and each fiscal year thereafter a report described in subsection (a) relating to the 10 fiscal years that begin immediately following the date on which such budget is submitted. (c) Elements Each report required by this section shall include, for each fiscal year covered by the report and for the entire period covered by the report, the following: (1) The funding needs of the Department disaggregated by funding purpose, including the following: (A) Land acquisition. (B) Operations and maintenance of facilities of the existing capital asset portfolio of the Department to include the minimum level of funding below which facilities could not be appropriately maintained. (C) Operations and maintenance of the planned future capital asset portfolio of the Department. (D) New construction, by type, including major construction, minor construction, and nonrecurring maintenance. (E) Major and minor leasing. (F) Activation of space. (G) Disposal, reuse, and remediation. (H) Staffing to support the planning, delivery, management, and maintenance of the Department’s current and future capital asset portfolio. (I) Such other categories as the Secretary deems relevant. (2) The funding needs under paragraph (1) disaggregated by component of the Department and type of capital asset investment. (3) A description of the cost increases which may or have been incurred because of the delay in adequate funding and forward movement on capital asset projects. Such description may include a discussion of the negative effect of the lack of stable and predictable funding on the ability of the Department to plan, staff, and execute effective capital asset management. (4) Such other matters as the Secretary considers appropriate, include matters relating to necessary legislative or administrative action. 208. Inspector General of the Department of Veterans Affairs reports on Department infrastructure projects (a) In general Not later than three years after the date of the enactment of this Act, and at least twice during the ten-year period beginning on the date that is three years after the date of the enactment of this Act, the Inspector General of the Department of Veterans Affairs shall submit to the appropriate committees of Congress a report examining the management and performance of relevant capital asset projects of the Department that were initiated after the date of the enactment of this Act. (b) Sample projects The Inspector General shall select meaningful and representative samples of categories of projects for review, such as major construction, minor construction, nonrecurring maintenance, major and minor leases, land acquisition, and disposals. (c) Elements Each report submitted under subsection (a) may include, at the discretion of the Inspector General, the following: (1) A comparison of planned versus actual cost, schedule, and scope metrics. (2) Improvements or lack thereof to project management at the local, regional, or national levels. (3) Observations on key characteristics inhibiting successful delivery of projects or allowing for successful delivery of projects. (4) An identification of areas of waste, fraud, and abuse, if any. (5) Such other matters as the Inspector General considers appropriate. 209. Comptroller General report on capital asset program management and execution by Department of Veterans Affairs (a) In general Not later than three years after the date of the enactment of this Act and not less frequently than once every three years thereafter until the date that is 12 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report reviewing the progress of the Department of Veterans Affairs toward meeting the goals, metrics, and other plans of the Department under this Act, including under sections 101, 102, and 202. (b) Elements Each report required by subsection (a) may include the following: (1) A review of the performance of the Department related to planning, oversight, management of human capital, contracting, and execution of capital asset projects. (2) A review of how the Department is complying with the requirements of this Act. (3) Such other topics as the Comptroller General considers appropriate. 210. Reports on dental and long-term care physical infrastructure needs of Department of Veterans Affairs Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress— (1) a report, disaggregated by medical center or other relevant health care facility of the Department of Veterans Affairs, on— (A) the physical infrastructure needed (new facilities, renovations, remodels, leases, etc.) to provide dental services to veterans eligible for such services under the laws administered by the Secretary; and (B) additional physical infrastructure needed to respond to the need for additional capacity to provide dental services if eligibility standards are modified to make a greater number of veterans eligible for such services; and (2) a report identifying the physical infrastructure needs of the Department to support current and future anticipated long-term care needs and models of care for veterans, including— (A) infrastructure needed to support the delivery of long-term care for women veterans, veterans with traumatic brain injury, veterans with memory loss, and other population groups with unique needs; and (B) information regarding the plans of the Department to provide such care as it is building capacity but space is not yet available to meet the demand for such care. 211. Report on feasibility and advisability of using a dedicated budget account for maintenance of capital assets of Department of Veterans Affairs (a) Report required Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report on the feasibility and advisability of having a dedicated budget account from which the Department of Veterans Affairs would draw funds to pay for maintenance, preventative maintenance, and repair of the capital assets of the Department. (b) Contents The report required by subsection (a) shall include the following: (1) The best practices in the Federal Government and private industry relating to planning and budgeting for capital asset maintenance. (2) Relevant formulas and percentages that organizations use to set aside resources in advance to pay for needed and expected maintenance costs based on the size, need, and other requirements of the organization. 212. Report on women veterans retrofit initiative Section 5102 of the Deborah Sampson Act of 2020 (title V of Public Law 116–315 ; 38 U.S.C. 8110 note) is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection (c): (c) Annual report Not later than one year after the date of the enactment of the Build, Utilize, Invest, Learn, and Deliver for Veterans Act of 2022 , and annually thereafter for 10 years, the Secretary shall submit to Congress, the Committee on Veterans’ Affairs of the Senate, and the Committee on Veterans’ Affairs of the House of Representatives a report containing— (1) an identification of the funding provided to the Department for retrofitting prioritized under subsection (a) for the fiscal year preceding the fiscal year in which the report is submitted; (2) a list of projects conducted with such funding, including— (A) amounts obligated for each such project; (B) the locations of each such project; (C) a short description of each such project; and (D) the status of each such project; and (3) a list of projects for retrofitting prioritized under subsection (a) that remain unfunded and the estimated funding required for those projects to be completed, on a project by project basis. . 213. Report on physical infrastructure needs of the research and development facilities of Department of Veterans Affairs (a) Report required Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the physical infrastructure needs of the research and development facilities of the Department of Veterans Affairs. (b) Contents The report required by subsection (a) shall include the following: (1) Recommendations for new facilities, renovations of existing facilities, leasing of facilities and any other such facilities the Department is in need of or currently uses to perform its research and development function. (2) Detailed information on the information technology resources the Department requires in order to make the research and development facilities of the Department functional and high performing in the short, medium, and long term, and those needed to enable employees of the Department to perform their research and development in an effective and efficient manner. (c) Considerations In preparing the report required by subsection (a), the Secretary may consider the following: (1) The findings of the 2012 final report of the Research Infrastructure Program of the Department. (2) Current and updated data providing the most accurate and holistic presentation of the physical infrastructure needs of the research and development program of the Department, including with respect to information technology. 214. Review and report on provisions of law relating to Department of Veterans Affairs construction and facilities management (a) Review The Secretary of Veterans Affairs shall review section 312A of title 38, United States Code, and determine whether the provisions of such section, including the qualifications and responsibilities of the Director of Construction and Facilities Management set forth in subsections (b) an (c) of such section, respectively, are meaningful, relevant, and reflect the current operational needs, organization structure, and all other requirements for the effective and efficient management of construction and facilities management. (b) Report Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report regarding whether provisions of section 312A of title 38, United States Code, or other provisions of such title relating to construction and facilities management should be revised to align more closely with current and future operational needs of the Department. (c) Contents The report required by subsection (b) shall include the following: (1) An assessment of whether other offices, administrations, or entities of the Department should be directed to take over certain functions currently assigned to Director of Construction and Facilities Management pursuant to statute so as to match operational realties and needs, improve efficiencies, streamline management and lines of authority and responsibility, or other reasons that would be beneficial to the capital asset management and planning and delivery of the Department. (2) An assessment of whether functions of other entities of the Department should be assumed by the Director of Construction and Facilities management to match operational realities and needs, improve efficiencies, streamline management and lines of authority and responsibility, or other reasons that would be beneficial to the capital asset management and planning and delivery of the Department. (3) Identification of whether any new offices, structures, or reporting structures should be created or modified in the Department to improve operational effectiveness for capital asset management. (4) Specific reasons for the changes that are recommend in the report or if no changes are necessary, a justification for not making any changes. (5) Identification of such legislative or administrative action as the Secretary determines necessary to implement the changes necessary to improve capital asset management at the Department. | https://www.govinfo.gov/content/pkg/BILLS-117s4601is/xml/BILLS-117s4601is.xml |
117-s-4602 | II 117th CONGRESS 2d Session S. 4602 IN THE SENATE OF THE UNITED STATES July 25, 2022 Ms. Smith introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Richard B. Russell National School Lunch Act to prohibit the stigmatization of children who are unable to pay for school meals, and for other purposes.
1. Short title This Act may be cited as the No Shame at School Act of 2022 . 2. Mandatory certification Section 9(b)(5) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(b)(5) ) is amended— (1) in the paragraph heading, by striking Discretionary and inserting Mandatory ; and (2) in the matter preceding subparagraph (A), by striking may and inserting shall . 3. Retroactive reimbursement Section 9(b)(9)(C) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(b)(9)(C) ) is amended— (1) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately; (2) in the matter preceding subclause (I) (as so redesignated), by striking Except and inserting the following: (i) In general Except ; and (3) by adding at the end the following: (ii) Retroactivity (I) In general A local educational agency shall revise a previously submitted meal claim to reflect the eligibility approval of a child for free or reduced price meals for the period that begins on the first day of the current school year. (II) Meal claim defined In this clause, the term meal claim means any documentation provided by a school food authority to a State agency in order to receive reimbursement for the cost of a meal served to a child by that school food authority. . 4. Reducing stigma associated with unpaid school meal fees Section 9(b) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(b) ) is amended by striking paragraph (10) and inserting the following: (10) Reducing stigma associated with unpaid school meal fees (A) Definitions In this paragraph: (i) Covered child The term covered child means a child who— (I) is enrolled in a school that participates in the school lunch program under this Act or the school breakfast program under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ); and (II) is a member of a household that owes unpaid school meal fees. (ii) Unpaid school meal fees The term unpaid school meal fees means outstanding fees owed by a household to a local educational agency for lunch provided under this Act or breakfast provided under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ). (B) Overt identification prohibited A local educational agency or school food authority may not, based on the status of a covered child as a covered child— (i) physically segregate the covered child; (ii) overtly identify the covered child— (I) through the use of special tokens or tickets; or (II) by an announcement or a published list of names; or (iii) identify or stigmatize the covered child by any other means. (C) Eligibility determination by local educational agency For any covered child who is a member of a household that has unpaid school meal fees for 1 consecutive week of meals or more, a local educational agency shall— (i) attempt to directly certify the covered child for free meals under paragraph (4) or (5); or (ii) in a case where the local educational agency is not able to directly certify the covered child under paragraph (4) or (5), provide to the household of the covered child— (I) a household application and applicable descriptive material; and (II) written and oral communications to encourage submission of the application. (D) Collection of unpaid school meal fees In attempting to collect unpaid school meal fees from a household, a local educational agency or school food authority may not— (i) except as described in subparagraph (E), direct any communication regarding unpaid school meal fees to a covered child who is a member of the household; (ii) withhold educational opportunities (including grades and participation in extracurricular activities or local educational agency programs or services) from, or otherwise stigmatize, a covered child due to the status of the covered child as a covered child; or (iii) use a debt collector (as defined in section 803 of the Consumer Credit Protection Act ( 15 U.S.C. 1692a )). (E) Letters A school food authority may require that a covered child deliver a sealed letter addressed to a parent or guardian of the covered child that contains a communication relating to unpaid school meal fees, subject to the condition that the letter shall not be distributed to the covered child in a manner that stigmatizes the covered child. (F) Eliminating stigma in meal service In providing a meal to a covered child, a local educational agency or school food authority may not, based on the status of the covered child as a covered child, dispose of or take away from the covered child any food that has already been served to the covered child. . | https://www.govinfo.gov/content/pkg/BILLS-117s4602is/xml/BILLS-117s4602is.xml |
117-s-4603 | II 117th CONGRESS 2d Session S. 4603 IN THE SENATE OF THE UNITED STATES July 25, 2022 Ms. Klobuchar (for herself, Ms. Smith , and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To posthumously award a Congressional Gold Medal to Prince Rogers Nelson in recognition of his achievements and contributions to the culture of the United States.
1. Short title This Act may be cited as the Prince Congressional Gold Medal Act . 2. Findings Congress finds the following: (1) Prince Rogers Nelson (referred to in this Act as Prince ) was born in Minneapolis, Minnesota, on June 7, 1958, the son of jazz singer Mattie Della (née Shaw) and pianist and songwriter John Louis Nelson. Widely regarded as one of the greatest musicians of his generation, Prince’s innovative music incorporated elements of rock, R&B, funk, hip-hop, new wave, synth-pop, and jazz. (2) Prince released 39 albums during his lifetime and produced countless others, along with many unreleased projects left in a vault at his home. (3) Recognized as a musical prodigy from an early age, Prince signed a recording contract with Warner Brothers Records at the age of 19, writing, producing, arranging, and playing all 27 instruments on the recording. (4) Prince’s 1984 album Purple Rain spent 6 consecutive months as the number 1 record on the Billboard 200 chart, spawning 5 top-10 hits, including When Doves Cry and the title track. The film Purple Rain won Prince the Academy Award for Best Original Song Score and, in 2019, was added by the Library of Congress for preservation in the National Film Registry for being culturally, historically, or aesthetically significant . (5) Prince’s 1987 double album Sign o’ the Times included more than 80 minutes of music almost entirely composed and performed by Prince and would go on to become his most acclaimed record, including being voted 1987’s best album in the Pazz & Jop Critics’ Poll. In 2017, the album was inducted into the Grammy Hall of Fame. (6) A prolific composer, Prince wrote many songs made famous by other musicians, including Nothing Compares 2 U , Manic Monday , and I Feel For You . (7) An advocate for artistic freedom and expression, Prince— (A) changed his name to a symbol (commonly known as the Prince Symbol ) to protest the terms of his recording contract and the recording industry’s treatment of all artists; and (B) publicly advocated for artists to be able to maintain ownership of their own master recordings. (8) A lifelong Minnesota resident, Prince was a participant in, and supporter of, the local Minneapolis arts community, memorialized in songs like Uptown . (9) Though he did not speak publicly of his charity work, Prince was an animal rights activist and a philanthropist. (10) Prince sold more than 150,000,000 records worldwide, ranking among the best selling artists of all time. (11) Prince was one of the most acclaimed artists of all time and he and his music were recognized as follows: (A) Prince won 7 Grammy Awards, 7 Brit Awards, 6 American Music Awards, 4 MTV Video Music Awards, an Academy Award for Best Original Song Score for the film Purple Rain , and a Golden Globe Award. (B) Prince was inducted into the Rock and Roll Hall of Fame in 2004, the UK Music Hall of Fame in 2006, and the Rhythm and Blues Music Hall of Fame in 2016. (C) Prince received the BET Lifetime Achievement Award in 2010. (D) In 2016, Prince was posthumously honored with a doctor of humane letters by the University of Minnesota. (E) Two of Prince’s albums, Purple Rain and Sign o’ the Times , received nominations for the Grammy Award for Album of the Year. (F) At the 28th Grammy Awards, Prince was awarded the President’s Merit Award. (G) Prince was honored with the American Music Award for Achievement and the American Music Award of Merit at the American Music Awards of 1990 and 1995, respectively. (H) At the 2013 Billboard Music Awards, Prince was honored with the Billboard Icon Award. (12) Prince transcended this earthly plane on April 21, 2016, in his Minnesota home, at 57 years of age, leaving behind a legacy of musical achievement and an indelible mark on Minnesota and the culture of the United States. 3. Congressional gold medal (a) Presentation authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the posthumous presentation, on behalf of Congress, of a gold medal of appropriate design in commemoration of Prince, in recognition of his achievements and contributions to the culture of the United States. (b) Design and striking For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian institution (1) In general Following the award of the gold medal in honor of Prince under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it shall be— (A) available for display, as appropriate; and (B) made available for research. (2) Sense of Congress It is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display, particularly at the National Museum of African American History and Culture, or for loan, as appropriate, so that the gold medal may be displayed elsewhere, particularly at other appropriate locations associated with the life of Prince. 4. Duplicate medals The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses. 5. Status of medals (a) National medals The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items For purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. | https://www.govinfo.gov/content/pkg/BILLS-117s4603is/xml/BILLS-117s4603is.xml |
117-s-4604 | II 117th CONGRESS 2d Session S. 4604 IN THE SENATE OF THE UNITED STATES July 25, 2022 Ms. Smith introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to authorize grants for eligible institutions to carry out agriculture workforce training programs, and for other purposes.
1. Agriculture workforce training program grants (a) In general Section 2501(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279(d) ) is amended by adding at the end the following: (16) Agriculture workforce training program grants (A) Definitions In this paragraph: (i) Agriculture workforce training program The term agriculture workforce training program means a training program developed by an eligible institution in collaboration with a targeted industry partner through which students enrolled at that eligible institution receive training from that targeted industry partner, including through— (I) internships; (II) apprenticeships; (III) experience-based curricula; and (IV) educational programs and workshops to promote technical skills. (ii) Eligible institution The term eligible institution means— (I) an 1862 Institution (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7601 )); (II) an 1890 Institution (as defined in that section); (III) a 1994 Institution (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 note; Public Law 103–382 )); (IV) a non-land-grant college of agriculture (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 )); (V) Hispanic-serving agricultural colleges and universities (as defined in that section); (VI) a center of excellence recognized under section 1673; (VII) a junior or community college (as defined in section 312 of the Higher Education Act of 1965 ( 20 U.S.C. 1058 )) that offers a program of study in agriculture; and (VIII) an area career and technical education school (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 )) that offers a program of study in agriculture. (iii) Targeted industry partner The term targeted industry partner means 1 or more of the following entities: (I) A member of the agriculture industry, such as a company or industry association. (II) An apprenticeship program in agriculture registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ) (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ). (III) A nonprofit organization that aims to help individuals gain employment in the agriculture industry. (B) Authorization of grants The Secretary, acting through the Director of the National Institute of Food and Agriculture, shall award grants in accordance with this subsection to eligible institutions to develop and carry out agriculture workforce training programs— (i) to promote the growth of the agriculture industry; (ii) to foster competitiveness within the agriculture industry; and (iii) to improve the training and retention of workers in the agriculture industry. (C) Use of grant funds An eligible institution awarded a grant under this paragraph shall use not less than 5 percent of the funds received through the grant to carry out an agriculture workforce training program, including— (i) preliminary recruitment measures to encourage students to participate in the agriculture workforce training program; and (ii) professional development sessions to train faculty to prepare students for employment in the agriculture industry. . (b) Implementation Not later than January 31, 2024, the Secretary of Agriculture shall implement paragraph (16) of section 2501(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279(d) ) (as added by subsection (a)). | https://www.govinfo.gov/content/pkg/BILLS-117s4604is/xml/BILLS-117s4604is.xml |
117-s-4605 | II 117th CONGRESS 2d Session S. 4605 IN THE SENATE OF THE UNITED STATES July 25, 2022 Ms. Stabenow (for herself and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to ensure stability in payments to home health agencies under the Medicare program.
1. Short title This Act may be cited as the Preserving Access to Home Health Act of 2022 . 2. Ensuring stability in payments to home health agencies (a) Limitation on permanent and temporary adjustments Section 1895(b)(3)(D) of the Social Security Act ( 42 U.S.C. 1395fff(b)(3)(D) ) is amended— (1) in each of clauses (ii) and (iii), by striking The Secretary shall and inserting Subject to clause (iv), the Secretary shall ; and (2) by adding at the end the following new clause: (iv) Special rules for decreases in payments (I) Postponement No permanent decrease to the standard prospective payment amount (or amounts) for a year under clause (ii) and no temporary decrease to the payment amount for a unit of home health services for a year under clause (iii) shall be made prior to 2026. (II) Sunset Subject to subclause (I), the Secretary shall ensure that all necessary permanent or temporary decreases described in subclause (I) are made prior to 2032. . (b) Implementation Notwithstanding any other provision of law, the Secretary may implement the provisions of, and the amendments made by, this section by program instruction or otherwise. | https://www.govinfo.gov/content/pkg/BILLS-117s4605is/xml/BILLS-117s4605is.xml |
117-s-4606 | II 117th CONGRESS 2d Session S. 4606 IN THE SENATE OF THE UNITED STATES July 25, 2022 Ms. Klobuchar (for herself, Mr. Peters , Mr. Blumenthal , Mrs. Feinstein , Mr. Reed , Mr. Markey , Mr. Murphy , Mrs. Shaheen , Mr. Padilla , Ms. Smith , and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To address the importation and proliferation of firearm modification devices.
1. Short title This Act may be cited as the Preventing Illegal Weapons Trafficking Act of 2022 . 2. Definitions In this Act— (1) the term firearm modification device means any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun; and (2) the term machinegun has the meaning given the term in section 5845 of the Internal Revenue Code of 1986. 3. Prevention and interception strategy (a) Strategy Not later than 120 days after the date of enactment of this Act, the Attorney General, the Secretary of Homeland Security, and the Secretary of the Treasury shall develop and implement a strategy to prevent or intercept the importation or trafficking of firearm modification devices, including by— (1) improving the capacity of Federal law enforcement agencies to detect, intercept, and seize firearm modification devices; (2) increasing the coordination between State and local law enforcement agencies and Federal law enforcement agencies, including the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, Homeland Security Investigations, and U.S. Customs and Border Protection, when firearm modification devices are seized at ports of entry; (3) ensuring that the Bureau of Alcohol, Tobacco, Firearms and Explosives collaborates with State and local law enforcement agencies to identify and trace firearm modification devices used in crimes, including identifying the source of the device, whether from a foreign country or the United States; (4) investigating and collecting data regarding the origins of firearm modification devices that are seized at ports of entry or recovered by law enforcement agencies in the United States in order to identify patterns and detect vulnerabilities; and (5) improving the capacity of Federal law enforcement agencies, including the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, and Homeland Security Investigations, to detect, intercept, and seize domestically produced firearm modification devices, including firearm modification devices produced using 3D printing technology. (b) Reports (1) Initial report Not later than 120 days after the date of enactment of this Act, the Attorney General, the Secretary of Homeland Security, and the Secretary of the Treasury shall submit a report on the strategy developed and implemented under subsection (a), which shall include relevant statistical information, to— (A) the Committee on the Judiciary of the Senate; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; (C) the Committee on the Judiciary of the House of Representatives; and (D) the Committee on Homeland Security of the House of Representatives. (2) Periodic updates Not less frequently than once every 2 years, the Attorney General, the Secretary of Homeland Security, and the Secretary of the Treasury shall submit to the congressional committees described in paragraph (1) an update to the report submitted under that paragraph that describes progress made on the implementation of the strategy developed under subsection (a). 4. Forfeiture of proceeds from machinegun violations Section 5872 of the Internal Revenue Code of 1986 is amended— (1) in subsection (a), by inserting , and any proceeds derived from the illegal trafficking of a machinegun, after provisions of this chapter ; and (2) by adding at the end the following: (c) Illegal trafficking of a machinegun For purposes of subsection (a), the term illegal trafficking of a machinegun means the making, manufacture, importation, exportation, or transfer of a machinegun in violation of the provisions of this chapter or any regulations prescribed under this chapter. . 5. Gun trafficking report The Attorney General shall include information about firearm modification devices in the annual firearms trafficking report announced by the President on April 7, 2021, including— (1) the number of crimes in which firearm modification devices are used; and (2) whether the firearm modification devices recovered from crimes described in paragraph (1) are manufactured in the United States or a foreign country. | https://www.govinfo.gov/content/pkg/BILLS-117s4606is/xml/BILLS-117s4606is.xml |
117-s-4607 | II 117th CONGRESS 2d Session S. 4607 IN THE SENATE OF THE UNITED STATES July 25, 2022 Mr. Graham (for himself, Ms. Lummis , Mr. Thune , Mrs. Blackburn , Mrs. Fischer , and Mr. Grassley ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend title 49, United States Code, to raise the retirement age for pilots engaged in commercial aviation operations, and for other purposes.
1. Short title This Act may be cited as the Let Experienced Pilots Fly Act . 2. Increased retirement age for pilots Section 44729 of title 49, United States Code, is amended to read as follows: 44729. Age standards for pilots (a) In general A pilot may serve in multicrew covered operations until attaining 67 years of age. (b) Covered operations defined In this section, the term covered operations means operations under part 121 of title 14, Code of Federal Regulations, unless the operation takes place in— (1) the territorial airspace of a foreign country where such operations are prohibited by the foreign country; or (2) international airspace where such operations are not in compliance with the Annexes to the Convention on International Civil Aviation. (c) Regulations On and after the date of enactment of the Let Experienced Pilots Fly Act , subsections (d) and (e) of section 121.383 of title 14, Code of Federal Regulations, shall be deemed to have been amended to increase the age listed in such subsections to 67 years of age. (d) Applicability (1) Nonretroactivity No person who has attained 65 years of age before the date of enactment of the Let Experienced Pilots Fly Act may serve as a pilot for an air carrier engaged in covered operations unless— (A) such person is in the employment of that air carrier in such operations on such date of enactment as a required flight deck crew member; or (B) such person is newly hired by an air carrier as a pilot on or after such date of enactment without credit for prior seniority or prior longevity for benefits or other terms related to length of service prior to the date of rehire under any labor agreement or employment policies of the air carrier. (2) Protection for compliance An action taken in conformance with this section, taken in conformance with a regulation issued to carry out this section, or taken prior to the date of enactment of the Let Experienced Pilots Fly Act in conformance with subsection (d) or (e) of section 121.383 of title 14, Code of Federal Regulations (as in effect before such date), may not serve as a basis for liability or relief in a proceeding, brought under any employment law or regulation, before any court or agency of the United States or of any State or locality. (e) Amendments to labor agreements and benefit plans Any amendment to a labor agreement or benefit plan of an air carrier that is required to conform with the requirements of this section or a regulation issued to carry out this section, and is applicable to pilots represented for collective bargaining, shall be made by agreement of the air carrier and the designated bargaining representative of the pilots of the air carrier. (f) Medical standards and records (1) Medical examinations and standards Except as provided by paragraph (2), a person serving as a pilot for an air carrier engaged in covered operations shall not be subject to different medical standards, or different, greater, or more frequent medical examinations, on account of age unless the Administrator of the Federal Aviation Administration determines (based on data received or studies published after the date of enactment of the Let Experienced Pilots Fly Act ) that different medical standards, or different, greater, or more frequent medical examinations, are needed to ensure an adequate level of safety in flight. (2) Duration of first-class medical certificate No person who has attained 60 years of age may serve as a pilot of an air carrier engaged in covered operations unless the person has a first-class medical certificate. Such a certificate shall expire on the last day of the 6-month period following the date of examination shown on the certificate. (g) Safety training Each air carrier engaged in covered operations shall continue to use pilot training and qualification programs approved by the Federal Aviation Administration. . | https://www.govinfo.gov/content/pkg/BILLS-117s4607is/xml/BILLS-117s4607is.xml |
117-s-4608 | II 117th CONGRESS 2d Session S. 4608 IN THE SENATE OF THE UNITED STATES July 26, 2022 Mr. Toomey introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to exclude from gross income de minimis gains from certain sales or exchanges of virtual currency, and for other purposes.
1. Short title This Act may be cited as the Virtual Currency Tax Fairness Act . 2. Virtual currency (a) In general Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139I the following new section: 139J. De minimis gain from sale or exchange of virtual currency (a) In general Subject to subsection (b), gross income shall not include gain from the sale or exchange of virtual currency, unless the sale or exchange is for— (1) cash or cash equivalents, (2) any property used by the taxpayer in the active conduct of a trade or business, or (3) any property held by the taxpayer for the production of income (as described in section 212(2)). (b) Limitation (1) In general Subsection (a) shall not apply in the case of any sale or exchange for which— (A) the total value of such sale or exchange exceeds $50, or (B) the total gain which would otherwise be recognized with respect to such sale or exchange exceeds $50. (2) Aggregation rule For purposes of this subsection, all sales or exchanges which are part of the same transaction (or a series of related transactions) shall be treated as one sale or exchange. (c) Virtual currency For purposes of this section, the term virtual currency means a digital representation of value which— (1) functions as a unit of account, a store of value, or a medium of exchange, and (2) is not a representation of the United States dollar or any foreign currency. (d) Inflation adjustment In the case of any taxable year beginning in a calendar year after 2023, the dollar amount in subsection (b)(1) shall be increased by an amount equal to— (1) such dollar amount, multiplied by (2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2022 for calendar year 2016 in subparagraph (A)(ii) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $10. . (b) Clerical amendment The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 139I the following new item: Sec. 139J. De minimis gain from sale or exchange of virtual currency. . (c) Effective date The amendments made by this section shall apply with respect to transactions entered into after December 31, 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s4608is/xml/BILLS-117s4608is.xml |
117-s-4609 | II 117th CONGRESS 2d Session S. 4609 IN THE SENATE OF THE UNITED STATES July 26, 2022 Mr. Cornyn (for himself and Mr. Cruz ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To authorize the project for hurricane and storm damage reduction and ecosystem restoration, Texas.
1. Short title This Act may be cited as the Texas Coastal Spine Authorization Act . 2. Coastal Texas Protection and Restoration Feasibility Study, Texas The Secretary of the Army is authorized to carry out the project for hurricane and storm damage reduction and ecosystem restoration, Texas, substantially in accordance with the plans, and subject to the conditions, described in the report of the Chief of Engineers dated September 16, 2021, at an estimated total cost of $30,906,287,000, with an estimated Federal cost of $19,237,894,000 and an estimated non-Federal cost of $11,668,393,000. | https://www.govinfo.gov/content/pkg/BILLS-117s4609is/xml/BILLS-117s4609is.xml |
117-s-4610 | II 117th CONGRESS 2d Session S. 4610 IN THE SENATE OF THE UNITED STATES July 26, 2022 Mr. Thune (for himself, Mr. Barrasso , Mr. Braun , Mr. Crapo , Mr. Daines , Ms. Ernst , Mrs. Fischer , Mr. Hagerty , Mr. Hoeven , Ms. Lummis , Mr. Risch , and Mr. Rounds ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To provide reliable and evidence-based food and energy security.
1. Short title This Act may be cited as the Food and Energy Security Act . 2. Definitions In this Act: (1) Agriculture or closely related business The term agriculture or closely related business means a for-profit or not-for-profit entity that is involved in the production of agriculture products or livestock or involved in the supply chain of an entity involved in the production of agriculture products or livestock. (2) Energy or closely related business The term energy or closely related business means a for-profit or not-for-profit entity that is involved in the production, development, or marketing of electricity, fuel (including biofuels), or other related products or involved in the supply chain of an entity involved in the production, development, or marketing of electricity, fuel (including biofuels), or other related products. (3) Federal regulator The term Federal regulator means— (A) the Board of Governors of the Federal Reserve System; (B) the Office of the Comptroller of the Currency; (C) the Federal Deposit Insurance Corporation; (D) the Financial Stability Oversight Council; (E) the National Credit Union Administration; (F) the Bureau of Consumer Financial Protection; (G) the Commodity Futures Trading Commission; and (H) the Securities and Exchange Commission. 3. Regulations and guidance (a) In general As part of any public notice of a proposed regulation or guidance and final regulation or guidance that could affect the extension of capital to or investments in an agriculture or closely related business or an energy or closely related business, a Federal regulator shall provide a detailed analysis of the estimated impact the regulation or guidance would have on food prices, electricity prices, and fuel prices, as applicable, including a description of the methodology and variables used to arrive at the estimates. (b) Contents The estimated impacts required under subsection (a) shall include how the proposed regulation or guidance or final regulation or guidance of the Federal regulator would, as applicable, affect— (1) food prices (broken down by subcategories as listed in the Consumer Price Index for All Urban Consumers by the Bureau of Labor Statistics, as relevant) over 1 year, 3 years, 5 years, and 10 years; (2) electricity prices (broken down by subcategories as listed in the Consumer Price Index for All Urban Consumers by the Bureau of Labor Statistics, as relevant) over 1 year, 3 years, 5 years, and 10 years; and (3) fuel prices (broken down by subcategories as listed in the Consumer Price Index for All Urban Consumers by the Bureau of Labor Statistics, as relevant) over 1 year, 3 years, 5 years, and 10 years. 4. Prohibition A Federal regulator shall not implement any regulation or guidance that could affect, directly or indirectly, the extension of capital to or investments in an agriculture or closely related business or an energy or closely related business if— (1) the analysis of estimated impacts under section 3 estimate that implementation of the regulation or guidance would result in an increase in food prices, electricity prices, or fuel prices; and (2) the annualized rate of increase in the Consumer Price Index for All Urban Consumers most recently published by the Bureau of Labor Statistics is 4.5 percent or greater. 5. Rule of construction Nothing in this Act may be construed as affecting any regulation or guidance of a Federal regulator that was implemented before January 1, 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s4610is/xml/BILLS-117s4610is.xml |
117-s-4611 | II 117th CONGRESS 2d Session S. 4611 IN THE SENATE OF THE UNITED STATES July 26, 2022 Mr. Peters (for himself and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To improve services for trafficking victims by establishing, in Homeland Security Investigations, the Investigators Maintain Purposeful Awareness to Combat Trafficking Trauma Program and the Victim Assistance Program.
1. Investigators Maintain Purposeful Awareness to Combat Trafficking Trauma Program (a) Establishment There is established, in Homeland Security Investigations of U.S. Immigration and Customs Enforcement, the Investigators Maintain Purposeful Awareness to Combat Trafficking Trauma Program (referred to in this Act as the IMPACTT Program ). (b) Functions The IMPACTT Program shall— (1) provide outreach and training to Homeland Security Investigations employees and partners who have been exposed to various forms of trauma in working with victims of human trafficking, including— (A) self-awareness training for the relevant employees on recognizing the signs of burnout, compassion fatigue, critical incident stress, traumatic stress, posttraumatic stress, secondary traumatic stress, and vicarious trauma; (B) training material that provides mechanisms for self-care and resilience, and notify of resources available through the U.S. Immigration and Customs Enforcement Employee Assistance Program and other relevant accredited programs, as available; and (C) provide additional training to first line supervisors of relevant employees on recognizing the signs referred to in subparagraph (A) and the appropriate responses to employees exhibiting such signs; (2) include training modules that are carried out by— (A) licensed and accredited clinicians who have been trained on the exposure of various forms of trauma and other stressors experienced in working with victims; and (B) additional subject matter experts, as available; and (3) be overseen and coordinated by the Homeland Security Investigations Countering Human Trafficking Center to ensure that— (A) appropriate program materials are distributed; (B) training is offered to all relevant employees; and (C) any needed travel and equipment is provided. (c) Authorization of appropriations In addition to amounts otherwise authorized to be appropriated, there is authorized to be appropriated $800,000 for each fiscal year to the Secretary of Homeland Security to carry out this subsection. 2. Homeland Security Investigations Victim Assistance Program (a) In general Subtitle D of title IV of the Homeland Security Act of 2002 ( 6 U.S.C. 251 et seq. ) is amended by adding at the end the following: 447. Homeland Security Investigations Victim Assistance Program (a) Definitions In this section: (1) Forensic interview specialist The term forensic interview specialist is an interview professional who has specialized experience and training in conducting trauma-informed forensic interviews with victims of crime. (2) Victim assistance specialist The term victim assistance specialist is a victim assistance professional who— (A) has experience working with victims of crime in a service capacity; and (B) has been trained on the exposure of various forms of trauma and other stressors experienced in working with victims. (b) In general There is established, in Homeland Security Investigations of U.S. Immigration and Customs Enforcement, the Victim Assistance Program. (c) Functions The Victim Assistance Program shall— (1) provide oversight, guidance, training, travel, equipment, and coordination to victim assistance personnel throughout the United States; (2) recruit not fewer than— (A) 1 forensic interview specialist and 1 victim assistance specialist for each Homeland Security Investigations Special Agent in Charge office; (B) 1 victim assistance specialist for— (i) every Homeland Security Investigations office participating in a human trafficking task force; (ii) every Homeland Security Investigations regional attaché office; and (iii) every Homeland Security Investigations office participating in a child sexual exploitation task force; (3) provide training regarding victims’ rights, victim-related policies, roles of forensic interviewers and victim assistance specialists, and an approach that is— (A) victim-centered; (B) trauma-informed; and (C) linguistically appropriate; and (4) provide sufficient funding for emergency expenditures to purchase items needed to assist identified victims, including food, clothing, hygiene products, transportation, and temporary shelter that is not otherwise provided by a nongovernmental organization. (d) Authorization of appropriations There is authorized to be appropriated $25,000,000 for each fiscal year to carry out this section. . (b) Technical and conforming amendments The Homeland Security Act of 2002 ( Public Law 107–296 ) is amended— (1) in section 1(b) ( 6 U.S.C. 101 note)— (A) by striking the item relating to section 442 and inserting the following: Sec. 442. U.S. Immigration and Customs Enforcement. ; and (B) by inserting after the item relating to section 446 the following: Sec. 447. Homeland Security Investigations Victim Assistance Program. ; (2) in section 442— (A) by amending the section heading to read as follows: U.S. Immigration and Customs Enforcement ; (B) striking bureau each place such term appears (except in subsection (a)(1)) and inserting agency ; (C) striking the Bureau of Border Security each place such term appears and inserting U.S. Immigration and Customs Enforcement ; (D) in subsection (a)— (i) in the subsection heading, striking of Bureau ; (ii) in paragraph (3)(C), striking affecting the Bureau of and inserting affecting U.S. ; and (iii) in paragraph (4), striking the Bureau. and inserting the agency. ; and (E) in subsection (b)(2)— (i) in the matter preceding subparagraph (A), striking Bureau of Border Security and inserting U.S. Immigration and Customs Enforcement ; and (ii) in subparagraph (B), striking the Bureau of before Citizenship and Immigration Services and inserting U.S. ; and (3) in section 443(2), by striking such bureau and inserting such agency . 3. Annual report Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall submit a report to Congress that identifies, with respect to the reporting period— (1) the number of trainings that were provided through the IMPACTT Program and the number of personnel who received such training; and (2) the number of potential human trafficking victims who were assisted by the Homeland Security Investigations Victim Assistance Program. | https://www.govinfo.gov/content/pkg/BILLS-117s4611is/xml/BILLS-117s4611is.xml |
117-s-4612 | II 117th CONGRESS 2d Session S. 4612 IN THE SENATE OF THE UNITED STATES July 26, 2022 Mr. Markey (for himself, Ms. Hirono , Ms. Duckworth , Mr. Merkley , Mr. Blumenthal , Mr. Warner , Mr. Bennet , Ms. Klobuchar , Mr. Durbin , Ms. Warren , Mr. Schatz , Mr. Murphy , Mr. Whitehouse , Mrs. Murray , Ms. Baldwin , Mr. Reed , Mrs. Feinstein , Mr. Hickenlooper , Ms. Cortez Masto , Mr. Warnock , Ms. Cantwell , and Mr. Ossoff ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To protect a person’s ability to access contraceptives and to engage in contraception, and to protect a health care provider’s ability to provide contraceptives, contraception, and information related to contraception.
1. Short title This Act may be cited as the Right to Contraception Act . 2. Definitions In this Act: (1) Contraception The term contraception means an action taken to prevent pregnancy, including the use of contraceptives or fertility-awareness based methods, and sterilization procedures. (2) Contraceptive The term contraceptive means any drug, device, or biological product intended for use in the prevention of pregnancy, whether specifically intended to prevent pregnancy or for other health needs, that is legally marketed under the Federal Food, Drug, and Cosmetic Act, such as oral contraceptives, long-acting reversible contraceptives, emergency contraceptives, internal and external condoms, injectables, vaginal barrier methods, transdermal patches, and vaginal rings, or other contraceptives. (3) Government The term government includes each branch, department, agency, instrumentality, and official of the United States or a State. (4) Health care provider The term health care provider means, with respect to a State, any entity or individual (including any physician, certified nurse-midwife, nurse, nurse practitioner, physician assistant, and pharmacist) that is licensed or otherwise authorized by the State to provide health care services. (5) State The term State includes each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each territory and possession of the United States, and any subdivision of any of the foregoing, including any unit of local government, such as a county, city, town, village, or other general purpose political subdivision of a State. 3. Findings Congress finds the following: (1) The right to contraception is a fundamental right, central to a person’s privacy, health, well-being, dignity, liberty, equality, and ability to participate in the social and economic life of the Nation. (2) The Supreme Court has repeatedly recognized the constitutional right to contraception. (3) In Griswold v. Connecticut (381 U.S. 479 (1965)), the Supreme Court first recognized the constitutional right for married people to use contraceptives. (4) In Eisenstadt v. Baird (405 U.S. 438 (1972)), the Supreme Court confirmed the constitutional right of all people to legally access contraceptives regardless of marital status. (5) In Carey v. Population Services International (431 U.S. 678 (1977)), the Supreme Court affirmed the constitutional right to contraceptives for minors. (6) The right to contraception has been repeatedly recognized internationally as a human right. The United Nations Population Fund has published several reports outlining family planning as a basic human right that advances women’s health, economic empowerment, and equality. (7) Access to contraceptives is internationally recognized by the World Health Organization as advancing other human rights such as the right to life, liberty, expression, health, work, and education. (8) Contraception is safe, essential health care, and access to contraceptive products and services is central to people’s ability to participate equally in economic and social life in the United States and globally. Contraception allows people to make decisions about their families and their lives. (9) Contraception is key to sexual and reproductive health. Contraception is critical to preventing unintended pregnancy, and many contraceptives are highly effective in preventing and treating a wide array of often severe medical conditions and decrease the risk of certain cancers. (10) Family planning improves health outcomes for women, their families, and their communities and reduces rates of maternal and infant mortality and morbidity. (11) The United States has a long history of reproductive coercion, including the childbearing forced upon enslaved women, as well as the forced sterilization of Black women, Puerto Rican women, indigenous women, immigrant women, and disabled women, and reproductive coercion continues to occur. (12) The right to make personal decisions about contraceptive use is important for all Americans, and is especially critical for historically marginalized groups, including Black, indigenous, and other people of color; immigrants; LGBTQ people; people with disabilities; people with low incomes; and people living in rural and underserved areas. Many people who are part of these marginalized groups already face barriers—exacerbated by social, political, economic, and environmental inequities—to comprehensive health care, including reproductive health care, that reduce their ability to make decisions about their health, families, and lives. (13) State and Federal policies governing pharmaceutical and insurance policies affect the accessibility of contraceptives, and the settings in which contraception services are delivered. (14) People engage in interstate commerce to access contraception services. (15) To provide contraception services, health care providers employ and obtain commercial services from doctors, nurses, and other personnel who engage in interstate commerce and travel across State lines. (16) Congress has the authority to enact this Act to protect access to contraception pursuant to— (A) its powers under the Commerce Clause of section 8 of article I of the Constitution of the United States; (B) its powers under section 5 of the Fourteenth Amendment to the Constitution of the United States to enforce the provisions of section 1 of the Fourteenth Amendment; and (C) its powers under the necessary and proper clause of section 8 of article I of the Constitution of the United States. (17) Congress has used its authority in the past to protect and expand access to contraception information, products, and services. (18) In 1970, Congress established the family planning program under title X of the Public Health Service Act ( 42 U.S.C. 300 et seq. ), the only Federal grant program dedicated to family planning and related services, providing access to information, products, and services for contraception. (19) In 1972, Congress required the Medicaid program to cover family planning services and supplies, and the Medicaid program currently accounts for 75 percent of Federal funds spent on family planning. (20) In 2010, Congress enacted the Patient Protection and Affordable Care Act ( Public Law 111–148 ) (referred to in this section as the ACA ). Among other provisions, the ACA included provisions to expand the affordability and accessibility of contraception by requiring health insurance plans to provide coverage for preventive services with no patient cost-sharing. (21) Despite the clearly established constitutional right to contraception, access to contraceptives, including emergency contraceptives and long-acting reversible contraceptives, has been obstructed across the United States in various ways. (22) As of 2022, at least 4 States tried to ban access to some or all contraceptives by restricting access to public funding for these products and services. Furthermore, Arkansas, Mississippi, Missouri, and Texas have infringed on people’s ability to access their contraceptive care by violating the free choice of provider requirement under the Medicaid program. (23) Providers’ refusals to offer contraceptives and information related to contraception based on their own personal beliefs impede patients from obtaining their preferred method, with laws in 12 States as of the date of introduction of this Act specifically allowing health care providers to refuse to provide services related to contraception. (24) States have attempted to define abortion expansively so as to include contraceptives in State bans on abortion and have also restricted access to emergency contraception. (25) In June 2022, Justice Thomas, in his concurring opinion in Dobbs v. Jackson Women’s Health Organization (597 U.S. __ (2022)), stated that the Supreme Court should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell and that the Court has a duty to correct the error established in those precedents by overruling them. (26) In order to further public health and to combat efforts to restrict access to reproductive health care, congressional action is necessary to protect access to contraceptives, contraception, and information related to contraception for everyone, regardless of actual or perceived race, ethnicity, sex (including gender identity and sexual orientation), income, disability, national origin, immigration status, or geography. 4. Permitted services (a) In general A person has a statutory right under this Act to obtain contraceptives and to engage in contraception, and a health care provider has a corresponding right to provide contraceptives, contraception, and information related to contraception. (b) Limitations or requirements The statutory rights specified in subsection (a) shall not be limited or otherwise infringed through any limitation or requirement that— (1) expressly, effectively, implicitly, or as implemented singles out the provision of contraceptives, contraception, or contraception-related information; health care providers who provide contraceptives, contraception, or contraception-related information; or facilities in which contraceptives, contraception, or contraception-related information is provided; and (2) impedes access to contraceptives, contraception, or contraception-related information. (c) Exception To defend against a claim that a limitation or requirement violates a health care provider’s or patient’s statutory rights under subsection (b), a party must establish, by clear and convincing evidence, that— (1) the limitation or requirement significantly advances the safety of contraceptives, contraception, and information related to contraception; and (2) the safety of contraceptives, contraception, and information related to contraception or the health of patients cannot be advanced by a less restrictive alternative measure or action. (d) Rule of construction Nothing in this section shall be construed to limit the authority of the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, to clear, approve, license, or otherwise engage in the regulation of contraceptives under the Federal Food, Drug, and Cosmetic Act or the Public Health Service Act, as applicable. 5. Applicability and preemption (a) Preemption of inconsistent State and local law No State or political subdivision of a State may administer, implement, or enforce any law, rule, regulation, standard, or other provision having the force and effect of law in a manner that— (1) prohibits or restricts the sale, provision, or use of any contraceptives that the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, has approved or cleared for contraceptive purposes; (2) prohibits or restricts any person from aiding another person in obtaining any such contraceptives or contraceptive methods; or (3) exempts any such contraceptives or contraceptive methods from any other generally applicable law in a way that would make it more difficult to sell, provide, obtain, or use such contraceptives or contraceptive methods. (b) Limitations The provisions of this Act shall not supersede or otherwise affect any provision of Federal law relating to coverage under (and shall not be construed as requiring the provision of specific benefits under) group health plans or group or individual health insurance coverage or coverage under a Federal health care program (as defined in section 1128B(f) of the Social Security Act (42 U.S.C. 1320a–7b(f))), including coverage provided under section 1905(a)(4)(C) of the Social Security Act ( 42 U.S.C. 1396d(a)(4)(C) ) and section 2713 of the Public Health Service Act ( 42 U.S.C. 300gg–13 ). (c) Defense In any cause of action against an individual or entity who is subject to a limitation or requirement that violates this Act, in addition to the remedies specified in section 7, this Act shall also apply to, and may be raised as a defense by, such an individual or entity. (d) Relationship with other laws Subsection (a) shall apply notwithstanding any other Federal law, including the Religious Freedom Restoration Act of 1993 ( 42 U.S.C. 2000bb et seq. ). (e) Effective date This Act shall take effect immediately upon the date of enactment of this Act. 6. Rules of construction (a) In general In interpreting the provisions of this Act, a court shall liberally construe such provisions to effectuate the purposes of the Act. (b) Rule of construction Nothing in this Act shall be construed— (1) to authorize any government to interfere with a health care provider’s ability to provide contraceptives or information related to contraception or a patient’s ability to obtain contraceptives or to engage in contraception; or (2) to permit or sanction the conduct of any sterilization procedure without the patient’s voluntary and informed consent. (c) Other individuals considered as government officials Any person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation or requirement that violates section 4 shall be considered a government official for purposes of this Act. 7. Enforcement (a) Attorney general The Attorney General may commence a civil action on behalf of the United States against any State that violates, or against any government official (including a person described in section 6(c)) that implements or enforces a limitation or requirement that violates, section 4. The court shall hold unlawful and set aside the limitation or requirement if it is in violation of this Act. (b) Private right of action (1) In general Any individual or entity, including any health care provider or patient, adversely affected by an alleged violation of this Act, may commence a civil action against any State that violates, or against any government official (including a person described in section 6(c)) that implements or enforces a limitation or requirement that violates, section 4. The court shall hold unlawful and set aside the limitation or requirement if it is in violation of this Act. (2) Health care provider A health care provider may commence an action for relief on its own behalf, on behalf of the provider’s staff, and on behalf of the provider’s patients who are or may be adversely affected by an alleged violation of this Act. (c) Equitable relief In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. (d) Costs In any action under this section, the court shall award costs of litigation, as well as reasonable attorney’s fees, to any prevailing plaintiff. A plaintiff shall not be liable to a defendant for costs or attorney’s fees in any non-frivolous action under this section. (e) Jurisdiction The district courts of the United States shall have jurisdiction over proceedings under this Act and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law. (f) Abrogation of state immunity Neither a State that enforces or maintains, nor a government official (including a person described in section 6(c)) who is permitted to implement or enforce any limitation or requirement that violates section 4 shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, or any other source of law, from an action in a Federal or State court of competent jurisdiction challenging that limitation or requirement. 8. Severability If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby. | https://www.govinfo.gov/content/pkg/BILLS-117s4612is/xml/BILLS-117s4612is.xml |
117-s-4613 | II 117th CONGRESS 2d Session S. 4613 IN THE SENATE OF THE UNITED STATES July 26, 2022 Mr. Braun (for himself, Mr. Burr , Mr. Tuberville , Mr. Marshall , Ms. Lummis , Mr. Wicker , Mr. Daines , and Mr. Inhofe ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Employee Retirement Income Security Act of 1974 to clarify the fiduciary duty of plan administrators to select and maintain investments based solely on pecuniary factors, and for other purposes.
1. Short title This Act may be cited as the Maximize Americans' Retirement Security Act . 2. Fiduciary duty regarding the consideration of certain factors in investment decisions for employee benefit plans (a) In general Subsection (a) of section 404 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1104 ) is amended by adding at the end the following new paragraph: (3) (A) The duties under paragraph (1) shall include the duty to select and maintain investments based, except as provided in subparagraph (B), solely on pecuniary factors. (B) Notwithstanding subparagraph (A), when choosing between or among investment alternatives that a fiduciary is unable to distinguish on the basis of pecuniary factors alone, the fiduciary may use non-pecuniary factors as the deciding factor in the selection or maintenance of an investment if the fiduciary furnishes to participants documentation on the following: (i) Why pecuniary factors were not sufficient to select or maintain the investment. (ii) How the investment compares to the alternative investments with regard to— (I) the composition of the investments of the plan with regard to diversification; (II) the liquidity and current return of the investments of the plan relative to the anticipated cash flow requirements of the plan; and (III) the projected return of the investments of the plan relative to the funding objectives of the plan. (iii) How the chosen non-pecuniary factor is consistent with the interests of participants and beneficiaries in their retirement income or financial benefits under the plan. (C) For purposes of this paragraph, the term pecuniary factor means a factor that a fiduciary prudently determines is expected to have a material effect on the risk or return of an investment based on appropriate investment horizons consistent with the plan's investment objectives and the plan's funding policy established pursuant to section 402(b)(1). . (b) Effective date The amendment made by this section shall apply to investments made after the date that is 60 days after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4613is/xml/BILLS-117s4613is.xml |
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